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Home My WebLink About11-8185COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No.// I J's (, ?yf L T? 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Ashley Peters Scott 09-1-01 Hon. Charles A. Clement, Jr. 5440 Oxford Drive Mechanicsburg PA 17055 UA I E VF JUUUMEN I IN [NE CASE OF (Plaintiff) (Defendant)' 10/18/2011 Timothy R. Diehl VS Ashley Peters Scott and Troy Wesley Scott, Jr. LT-0000135-2011 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to thq. judgment for possession in this case. (see Pa. R. C. P. D. J. No. before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty days after filing the NOTICE of APPEAL. 'IZAECIPE 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 Magisterial District Judge. IF NOT USED, detach,from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Timothy R. Diehl appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ?t'd S ?/;,(I L ) within twenty (20) days after service of or su try of judgment of non pros. Signature of appellant or attorney or agent Robert P. Kline, Esquire RULE: To Timothy R. Diehl appellee(s) Name 4f appellee(s) (1) You are notified that a rule it 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.cornplaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of servi4of ft is rule if service was by mail is the date of the mailing. Date: Octob 011 Signature of Prothon aryr YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 9 3$?t??j ?C r id .: 1 i OCT 28 AM .rUMSERL,.A('$V: ?..--VShc pay E? PEN SYf,_?`4NI rFF P&? f ?/ spa o0 P, #- ;. 4s/ 9 C-4 4oq7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No MDJ-09-1-01 Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Robert Peter Kline, Esq. 714 Bridge St PO Box 461 New Cumberland, PA 17070-0461 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Ashley Peters Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. w Notice of Judgment/Transcript K Residential Lease Timothy R Diehl Ashley Peters, Troy Wesley Scott Jr. Docket No: MJ-09101-LT-0000135-2011 Case Filed: 10/3/2011 Troy Wesley Scott Jr. Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Docket No Plaintiff Defendant MJ-09101-LT-0000135-2011 Timothy R Diehl Ashley Peters MJ-09101-LT-0000135-2011 Timothy R Diehl Troy Wesley Scott Jr Judgment Summary Participant Ashley Peters Timothy R Diehl Troy Wesley Scott Jr. Joint/Several Liability $1,244.00 $0.00 $1,244.00 Individual Liability $0.00 $0.00 $0.00 No Yes No No No No Disposition Judgment for Plaintiff Judgment for Plaintiff Disposition Date 10/18/2011 10/18/2011 A un $1,244.00 $0.00 $1,244.00 Judgment Detail ('Post Judgment) In the matter of Timothy R Diehl vs. Ashley Peters; Troy Wesley Scott Jr, on 10/18/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $1,100.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $1,100.00 $0.00 $1,100.00 Costs $144.00 $0.00 $144.00 Grand Total: $1,244.00 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $1,244.00 MDJS 315A Page 1 of 3 Printed: 10/19/2011 10:30:29AM Timothy R Diehl Docket No.: MJ-091 01 -LT-00001 35-2011 V. Ashley Peters, Troy Wesley Scott Jr. M w AIV m,- i IV W m v vLv.i v i A KCb1UCIV iAL LEAJC, AN i rAK l Y MAb I r'1C. kiGi 1. I V Art-r-AL f'RVIVI H JUUbIVItIV l .rVK YUJ,JtJJIUIV WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY. FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF THE COURT OF COMMON PLEAS CIVIL"' DIVISION. THI&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 OR 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 JUDGMENT/TRANSCRIPT 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 Magisterial District Judge Charles A. Clement Jr. certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315A Page 2 of 3 Printed: 10/19/2011 10:30:29AM Timothy R Diehl v. Ashley Peters. Troy Wesley Scott Jr. Private(s)' Robert Peter Kline, Esq. 714 Bridge St PC Box 461 New Cumberland, PA 17070-0461 Plaintiff(s) Docket No.: MJ-09101-LT-0000135-2011 MDJS 315A Page 3 of 3 Printed: 10/19/2011 10:30:29AM In Forma Pauperis Form Timothy R. Diehl IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2011- ?? d s CIVIL TERM Ashley Peters Scott and Troy Wesley Scott, Jr. Defendant IN PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Ashley Peters Scott, Defendant, to proceed in forma ap uperis, I, Robert P. Kline, Esquire, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Robert P. Kline, Esquire Attorney for Defendant 714 Bridge Street Post Office Box 461 -, New Cumberland, PA 17070 (717) 770-2540 n o °f Em C --i {.. _ r? r -4 {C) ;--- co COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of Cumberland PLAINTIFF: NAME and ADDRESS 7 Timothy R. Diehl VS. DEFENDANT: NAME and ADDRESS F- Ashley Peters Scott and Troy Wesley Scott, Jr. 7i A. Cal I if I lari Pleas Docket Nu. /? W F#7 TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) Ashley Peters Scott, 5440 Oxford Drive (print name and address here), Mechanicsburg, PA 17055 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 Marra/have not (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. Mbllll D e SIGNATURE OF TENANT t 0 r jr N JG ;Z G 3- r r9 C°a =K C r n AOPC 312-08 (B) In Forma Pauperis Form Timothy R. Diehl Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. Ashley Peters Scott and Troy Wesley Scott, Jr. Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: NO. 2011- 81 f r CIVIL TERM IN Kindly allow, Ashley Peters Scott, Defendant, to proceed in forma au eris, I, Robert P. Kline, Esquire, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Robert P. Kline, Esquire Attorney for Defendant 714 Bridge Street Post Office Box 461 .t New Cumberland, PA 17070 ' _..; (717) 770-2540 CO E7 -J ' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County of Cumberland PLAINTIFF: NAME and ADDRESS F_ Timothy R. Diehl I I VS. DEFENDANT: NAME and ADDRESS F_ Ashley Peters Scott and Troy Wesley Scott, Jr. L J TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I, Akshle Peters Scott 5440 Oxford Drive (print name and address here), Mechanicsburg, PA 17055 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 fare/have not (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. mla"'111 D We SIGNATURE OF TENANT 71 " °` 7a _17 r? -rj AOPC 312-08 (B) -... TIMOTHY R. DIEHL V. ASHLEY PETERS SCOTT AND TROY WESLEY SCOTT IN THE COURT OF COMMON PL' CUMBERLAND COUNTY, PENN VAN -C> NO. 11-8185 CIVIL TERM a C) -' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No. 11 - 818 5 upon the Magisterial District Judge designated therein on (date of service) October 28 , 2011, ® by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Timothy R. Diehl, on October 28 2011 ?by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ?fW1DAY OF DC.T 2011 ool Signature of official before whom affidavit was made COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public Now Cumberland Bm,Cumbedand Co. My Comrtli8sion Exph" April 15, 2015 /,O7,ft /z- 'LrG Title of off ial My commission expires on 4&--20 1, ® by (certified) 6tq&* mail, Signature of affiant Robert P. Kline, Esquire AOPC 312A - 05 Postal CERTIFIED MAIL, REC EIPT insurance C Do No overage Provided) CO w m r` Postage $ Ob s Certified Fee - ru M Return Receipt Fee 4.' Mtmark . ere .. 0 (Endorsement Required) O C3 Restricted Delivery Fee (Endorsement Required) cc) Total Postage & Fees ru O Sent To ? O Apt. No.; treat, or PO Box No. Q v r.?ET -- ------ ---• --------- °----------- ---° --- C,ry, s +4 C C,I Timothy R. Diehl IN THE COURT OF COMMON PLEAS = _ CUMBERLAND COUNTY, PENNSYLVA ro Plaintiff CA V. APPEAL FROM THE >C-) I Ashley Peters Scott and MAGISTERIAL DISTRICT JUDGE JUDGI T a° V -- ° ? Troy Wesley Scott, Jr. Defendant(s) COMMON PLEAS NO. 11-8185 MOTION TO THE COURT 1. The Plaintiff requests that the COURT liquidate the escrow account established in the Prothonotary's office established on October 28, 2011 in the amount of $370.00 to be paid to the Plaintiff. 2. The Prothonotary's office terminated the SUPERSEDEAS for this docket number on December 9, 2011 for the defendant's failure to continue to pay rent to the escrow account. 3. The Plaintiff is due the amount in the escrow account for rent in arrears. By: -71- Timothy R. Diehl, Plaintiff 2870 Sunset Drive Camp Hill, PA 17011 (717) 805-5768 Dated: January 3, 2012 TIMOTHY R. DIEHL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ASHLEY PETERS SCOTT and TROY WESLEY SCOTT, JR, Defendants NO. 11-8185 CIVIL TERM RE: MOTION TO COURT ORDER OF COURT AND NOW, this 8 h day of March, 2012, upon consideration of Plaintiff's Motion to Court, Plaintiff's request to liquidate the Defendants' escrow account is denied on the basis that Plaintiff did not comply with Pa. R.C.P.M.D.J. 1013(C)(7), requiring notice to be served by first class mail on Defendants. BY THE COURT, Christylee?'L. Peck, J. ?Timothy R. Diehl 2870 Sunset Drive Camp Hill, PA 17011 Plaintiff, pro S e Robert P. Kline, Esq. 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070-0461 Ashley Peters 5440 Oxford Drive Mechanicsburg, PA 17055 Troy Wesley Scott, Jr. 5440 Oxford Drive Mechanicsburg, PA 17055 6010' - I ma, leY 315-11 C7 ?., M CU - i 70 r- 56 ' cn r C-, wL: U1 'ey G TIMOTHY R. DIEHL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ASHLEY PETERS SCOTT and TROY WESLEY SCOTT, JR, Defendants NO. 11-8185 CIVIL TERM RE: MOTION TO COURT ORDER OF COURT AND NOW, this 13" day of April, 2012, upon consideration of Plaintiff's Motion to the Court, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christylee L. Peck, J. ? Timothy R. Diehl 2870 Sunset Drive Camp Hill, PA 17011 Plaintiff, pro S e = ? Robert P. Kline, Esq. "' `- -" - 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070-0461 Ashley Peters 5440 Oxford Drive Mechanicsburg, PA 17055 Troy Wesley Scott, Jr. 5440 Oxford Drive Mechanicsburg, PA 17055 enf"e-s??`1?d?i3%i a 10245906182012 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount DIEHL TIMOTHY R RENT 10/28/2011 PYMT/CHECK 266519 11-08185 370.00 06/18/2012 2159 370.00 ** Total Amount Released 370.00 -----------------------------End of Listing ------------------------------------------ --------------------- CL:IBERLAND COUNTY PROTHONOTARY OFFICE c-;NTRAT FLED 1 :'CLRTHOL'SE SQL'?:?RE, SUITE Inn CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 06/1_8/2012 2159 ORRSTOWN BANK SHIPPENSBURG. PA 60-1503.1313 PAY THIS AMOUNT $370.00 Three Hundred Seventy And 00/100 Dollars TO THE ORDER OF DIEHL TIMOTHY R 0211-8185 2870 SUNSET DRIVE CAMP HILL, PA 17011 AUTHORIZED r11NATUR 11'00215911' 1:0313L503D: 108 LLL17L11' £0992££ 19H299L1]NOUVId0d2J00 NOOO:?NI 0 0 ' 0 L E qunowv :>{GGuO 6TS99E 00'0LS LNRE H ?HJOWIL 7HEIQ S8T80-TT zGa G-d pas-eGZG-d jwV suoz-q i=sGQ ;u-epuG;GQ - oN Gs-eO 6STZ ZTOZ/8T/90 :G;-eC }[aau0 QNf13 1VN3NB9 - 301330 , NVIONOHIONd A1Nf100 QN71839mo TIMOTHY R. DIEHL, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ASHLEY PETERS SCOTT and TROY WESLEY SCOTT, JR, Defendants NO. 11-8185 CIVIL TERM RE: MOTION FOR RULE ABSOLUTE ORDER OF COURT AND NOW, this 15th day of June, 2012, upon consideration of Plaintiff's Motion to the Court filed on March 26, 2012, a Rule to Show Cause issued by this Court on April 13, 2012, and with no Answer having been filed to the Rule To Show Cause, Plaintiff's Motion for Rule Absolute is granted and the escrow account established in the Prothonotary's Office in the amount of $370.00, shall be paid to the Plaintiff. BY THE COURT, AI mothy R. Diehl 2870 Sunset Drive Camp Hill, PA 17011 ,) Plaintiff, pro Se + c6rtie?C ? v,Ashley Peters 5440 Oxford Drive Mechanicsburg, PA 17055 Christyle L. Peck, J. 41? G; ry,, V/Irroy Wesley Scott, Jr. 5440 Oxford Drive Mechanicsburg, PA 17055