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HomeMy WebLinkAbout11-8021COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 1 / dam{ C+ I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. jgl' gs l-orerr Mor 0-3-05 I efoa-raMc. AItA fflAxlzjv ADDRESS OF APPELLANT CI STATE ZIP CODE DATE OF JUDGMENT IN T OF I =^r (Defendant)' /0Ato may-- pg3Ds- tT-p/aa_2of l vs Jt4rr/c ?- l.oyc.rr inr vg3a5_ 1_r olaa- 2011 This block will be signed ONLY when this notation is required under ft. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy /OX- If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon z., L GV ¢_ 0p2r /i =r' L L 6 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 1 ? W11) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To eh 2OY'e- Pr op a., /i e r L1_appellee(s) Name of appell (s)ue (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MA (3) The date of service of this rule if service was by mail is the date of the mailing. Date: d6t4e.- , 20 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ? w?ti wtdiCla+', -mvInQ , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND r. Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 71 7 -766-4575 James Lovett 11 S. High Street Mechanicsburc. PA 17055 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. James Lovett Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary C' -herm, Notice of Judgment/Transcript Residential Lease Docket No Plaintiff Defendant MJ-09305-LT-0000122-2011 Elm Cove Properties LLC James Lovett Judgment Summary Participant Joint/Several Liability Individual Liability Elm Cove Properties LLC $0.00 $0.00 James Lovett $0.00 $1,570.00 Elm Cove Properties LLC V. James Lovett Docket No: MJ-09305-LT-0000122-2011 Case Filed: 9/30/2011 r, O n Yes x? No r No - No Disposition Disposition Date Judgment for Plaintiff 10/13/2011 Amount $0.00 $1,570.00 Judgment Detail (`Post Judgment) In the matter of Elm Cove Properties LLC vs. James Lovett on 10/13/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent ? er month, as established by the Magisterial District Judge, is $725.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent Arrears $0.00 $1,450.00 $1,450.00 Filing t=ees $0.00 $120.00 $120.00 Grand Total: $1,570.00 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 MDJS 315A Page 1 of 3 Printed: 10/13/2011 3:24:46PM Elm Cove Properties LLC Docket No.: MJ-09305-LT-0000122-2011 V. James Lovett IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date /iii f h, ,??/??. Magisterial District Judge Mark Martin certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315A Page 2 of 3 Printed: 10/13/2011 3:24:46PM Elm Cove Properties LLC Docket No.: MJ-09305-LT-0000122-2011 V. James Lovett Participant List Plaintiff(s) Elm Cove Properties LLC 1804 S. Market Street c/o Josh Parrish Mechanicsburg, PA 17055 Defendant(s) James Lovett 1 S. High Street Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed: 10/13/2011 3:24:46PM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of CUMBERLAND I I ?_b ?_ I N? 14z 1h-_ PLAINTIFF: NAME and ADDRESS .-I vs. DEFENDANT: NAME and ADDRESS F_ JAm?eJ' Lavery 11 s: //,Sh s??t?? ¢CI1G?11t! buvs Pa /76 SS" TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I, j4mcs" 40VGr r._ I/ S. /sfi S" AkzAaw d,., /&4_S (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I haveg6iya-net (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ? Date GNATUR EOTENANT _ AOPC 312-08 (B) ? I m ?pUc. f?/'b/DQ r?l c S L L?', Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J} m c S" L ?°? t T 7- NO. i ? 4 CIVIL TERM Defendant PETITION TO PROCEED IN FORMA PAUPERIS z a) -? -,_ r - N The Petitioner, ?AM c C l.0 y z r T in the above-captioned matter respectfully petitions this Court for permission to proceed in forma pauperis. As set forth in the attached Affidavit, which is incorporated herein by reference, Petitioner is unable to pay the fees and costs necessary to commence these proceedings. WHEREFORE, Petitioner requests that this Court enter an order permitting her to proceed in forma pauperis. /o a?y 12011 Date ,Petitioner l rn etwL Praperlk c' L L Z Plaintiff v. „jpq M-'- L-W-trf Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.-?? CIVIL TERM AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: J R m e s- 4a v- jt f Address: // S. MIA Slrec44 Me.-6a n+esGur( PR Zj1, V 4-1 (b) Social Security Number: / 4/ - 6 ;? - 4,36 L If you are presently employed, state Employer: y/,4 Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: t/ Z,30/ 2 006 Salary or wages per month:,O3, 000 /M o Type of work: 6A11 C en l e F. JM gin G 5 em e 12 . (c) Other income within the past twelve months Business or profession: r//A Other self-employment: rl/?+- Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: r? (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: a jw Salary or wages per month: ev/a Type of work: yX Contributions from children: &/g (e) Property owned Cash: Checking Account: vLo Savings Account: ILIA Certificates of Deposit: C/A- Real Estate (including home): N'14 Motor vehicle: Make Year Cost Amount owed Stocks; bonds: u1o. Other: N Jp- (f) Debts and obligations Mortgage: 10 Rent: Loans: Monthly Expenses: C t/-e S(,s ? n,rl r rn rd ?c? Buz v, ??TX CW Ino D, rScw.ii. s` (g) Persons dependent upon you for support (Wife) (Husband) Name: ? fig Children, if any: ""I )F lovct7 Name: Igk wl f louctr Age: ,r 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: /o 2e 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff: Elm Cove Properties LLC :; - , 1804 S Market St. Mechanicsburg, PA 17055 r? eft v 4 3 717-919-1686 Defendant: James Lovett 11. S High Street, Mechanicsburg, PA 17055 Y "M NO. 11-8021 r Ott kG?ow o TO THE PROTHONOTARY: With regards to the James Lovett, Notice of Appeal dated 10/24/2011 and under 11-8021, please be advised the Defendant made a false statement on the "Supersedeas Application". Contrary to the option the defendant selected, James Lovett has not paid the rent for the current month, October 2011. No rent has been received for October 2011. Date: to 3 i/ Signature:, Print Name: Sa L, e 4 s L G Address: l F?©Y S Ong ls? ?,?. Telephone: 2) 2 ?6 316 NOTICE DavieD. Buelt 1Prothonotary Office of the Prothonotary Cum6er[and County, Pennsy[vania 7�irkS. Sofionage, f,S'Q SoCicitor // ` p002.,1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P,230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square Suite100 ® Carfiisle, TA ® (Phone 717 240-6195 ® 'Fa.,717 240-6573