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Home My WebLink About11-9168FILED-OFFICE OF THE PROTHONflTAR tr Ml DEC 22 AN 14; 27 QSYLVANIAN7Y PROOF OF S (This proof of service MUST BE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (Domestic Only; No Insurance Coverage Provided) Ln rv For delivery information visit our welosite at www.usps.com, .0 M r-q Postage s .4* ru m Certified Fee Z-15- Postmark 0 Return Receipt Fee C3 (Endorsement Required) 2,3o Here O Y, Restricted Delivery Fee C3 (Endorsement Required) e C3 Total Postage & Fees $ J r M C3 ent o ;E OF NOTICE ('?oHOrJ?_._.MG_Mbi?9.._._.. O Sfreef, Apt. o.; or PO Sox No. SO N - Q t'k S? WITHIN TEN (10) ------------------------------------ ---------------- ces.) ary, ware, zrP+a kAA;C5*(nk14 0 .,r ss AFFIDAVIT: I hereby (swear) (affirm)lthat I served ® a copy of the Notice of on (date of service) Decem sender's receipt attache December 12, 2011 sender's receipt attache (SWORN) (AFFIRMED)-. ND SUBSCRIBI THIS g? DAY OF XAe 20 SianatuYe of official before whom affidavit Title of official My commission expires on 4?1 AOPC 312A - 05 Jti ppeal, Common Pleas No.11-9168, upon the Magisterial District Judge designated therein ar 12, 2011, ? by personal service ® by (certified) (registered) mail, hereto, and upon the appellee, (name) Rory Nesmith, on ]by personal service ® by (certified) (registered) mail, hereto. BEFORE ME made Tgnature f affianf U US Postal FIED [41AIL FiE%;Lii I ance Coverage Providec Mail Only, No Insur information visit our website at www.usps.com,, FF.d.lpT.ry -0 1 M r-9 Postage $ , r1i Certified Fee m Postmark C3 C3 Return Receipt Fee (Endorsement Required) -2.3o Here C3 Restricted Delivery Fee (Endorsement Required) O Er e & Fees sta l P T t $ 57. 9 Q o g o a M C3 ?j sent o x /?e -- r-a O ---------- ° Sheet Apt or PO Box N. ' r/ 2 ----•----- ------- r,?r" -rt- ?y r? --- City, State, ZIP+4 G i1 ^A 17 S s /hPG?I?• nrK P' RORY NESMITH : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANI A C") V. NO. 11-9168 ?3 N MW M XW r''r~ SHELLEY EICHELBERGER, CIVIL ACTION- LAW virr- ?C) Defendant ?-<,.? °cv - C= C ? M PETITION FOR LEAVE TO WITHDRAW -< o Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Shelley Eichelberger, pursuant to Pa.R.C.P. 1012, and in support therefore avers the following: 1. MidPenn Legal Services and Defendant Shelley Eichelberger have an agreement that Midpenn Legal Services would provide defendant with limited representation that consisted of advising Defendant of how to appeal a district judge judgment, supplying Defendant with the appeals forms, and educating Defedant on how to represent herself pro se. 2. On December 9, 2011, Defendant completed the Civil Cover Sheet and Notice of Appeal. On both forms, Defendant indicated that she was representing herself as a pro se litigant. The Civil Cover Sheet and Notice of Appeal are attached as Exhibit A and B. 3. On December 9, 2011, Attorney Amy Hirakis, from MidPenn Legal Services filed Defendant's Civil Cover Sheet and Notice of Appeal, along with an IFP that stated MidPenn Legal Services is "representing the party proceeding in forma pauperis". 4. MidPenn Legal Services did not intend to change the nature of its representation of the Defendant by filing the IFP. MidPenn Legal Services was merely assisting the Defendant with filing the appeal so that Defendant could represent herself pro se in this action. 5. On December 30, 2011, the Plaintiff, Rory Nesmith, through his attorney Andrew Sheely, filed a Complaint in this action. Attorney Sheely served MidPenn Legal Services with a copy of the Complaint on January 3, 2012. 6. Undersigned counsel has good cause to withdraw as counsel for Defendant, pursuant to Rule 1.16(b)(1), and (7) of the Pennsylvania Rules of Professional Conduct. 7. MidPenn legal Services contacted Attorney Andrew Sheely on January 4, 2012, and advised Mr. Sheely that MidPenn is no longer assisting Defendant in this matter. Mr. Sheely concurred with the relief requested in this petition. 8. Counsel attempted to contact Defendant to determine her position with the relief requested, but was not able to reach her by phone prior to the filing of this petition. However, it is MidPenn Legal Services' belief that Defendant intends to represent herself pro se in this action. 9. No judge has been assigned this case. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw. Amy geID s, Esquire Atto # 310094 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /- ?- "? 0 / 1 Supreme C Court ?a County S E' C T I 0 N A For Prothonotary ' Use Only. Docket No: The information collected on this form is used solely for court administration purposes. This form does not sunnlernent or renlaee tht! Mina and c?prviiu• of ntnnrlrr,nc I- .,d", i... I r Commencement of Action: Complaint El Writ of Summons Petition Q Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Rory Nesmith Shelley Eichelberger Are money damages requested? Yes ®x No Dollar Amount Requested: Swithin arbitration limits (check one) Ooutside arbitration limits Is this a Class Action Suit? 0 Yes [H] No Is this a DJAppeal? El Yes 0 No Name of Plaintiff/Appellant's Attorney: ZL L ?? ?.? C"ltec:k here if you ltave no art t . are at ;self?Iteps esc?ntetl (I'r« Se l I itit,ant} Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. S E C T` 1 0 N B TORT (do not include Mass Tort) El Intentional 0 Malicious Prosecution Q Motor Vehicle Q Nuisance Q Premises Liability 0 Product Liability (does not include mass tort) n Slander/Libel/ Defamation Other: CONTRACT (do not include Judgments) n Buyer Plaintiff 0 Debt Collection: Credit Card El Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other PROFESSIONAL LIABLITY 0 Dental Legal Medical Other Professional: Other: REAL PROPERTY Ejectment El Eminent Domain/Condemnation El Ground Rent 0 Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial 0 Partition Q Quiet Title Other: MISCELLANEOUS Common Law/Statutory Arbitration E] Declaratory Judgment Mandamus Non-Domestic Relations ® Restraining Order Quo Warranto 13 Replevin 0 Other: Updated 1/1/1011 CIVIL APPEALS Administrative Agencies E3 Board of Assessment 0 Board of Elections 8 Dept. of Transportation Statutory Appeal: Other 0 Zoning Board El Other: r r,-?'V!?V ONIW'7-X-7" 0= PrNN''SY9_VANIA COM ON PL:E-A,S ,ludicia'' District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 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 4FPELLAN7 MAG. DIST. NO. NAME OF MDJ Shelley Eiclhelberger 09-3-05 Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 114 S Arch Street Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 12/0112011 Rory Nesmith V. Shelley Elizabeth Eichelberger DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 0000:391-2.011 This block will be signed ONLY when this notation is required under Pa: If appe was Claimant e -Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate; as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Rory Nesmith appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ?y..J gnature o fie ant a ey gent RULE: To Rory Nesmith appellee(s) Name of appettee(s) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 7,/ I b, -8 RORY NESMITH Plaintiff, V. SHELLEY EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r- ? D c-r CERTIFICATE OF SERVICE NO. 11-9168 c -OX CIVIL ACTION- LAW M CD cnr' N e a• z i cn 3 G ?3 cn co I, Amy Hirakis, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on January 5, 2012, in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Shelley Eichelberger 114 S. Arch Street Mechanicsburg, PA 17055 Legal Services Date: f?o/lk Amy tti , t;squire Attorn Uouther b # 310094 401 E Street Carlisle, PA 17013 (717) 243-9400 C) ca -r, RORY NESMITH : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-9168 SHELLEY EICHELBERGER, CIVIL ACTION- LAW Defendant ORDER AND NOW, this _ day of January 2012, upon consideration of MidPenn Legal Services' Petition for Leave to Withdraw, such relief is hereby GRANTED. By the Court: Judge Distribution: Amy Hirakis, Esquire ? MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 a C= C= Andrew C. Sheely, Esquire rri C..- --- -?{ , 127 S. Market Street -<> P.O. Box 95 ? Mechanicsburg, PA 17055 Shelley Eichelberger 114 S. Arch Street Mechanicsburg, PA 17055 &pies iKa, led l J9/Ia ,0/6- CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 02/07/2012 Case No. Defendant 11-09168 NESMITH RORY 11-09168 NESMITH RORY 11-09168 NESMITH RORY 11-09168 NESMITH RORY * 2126 * Descriptions Amt Released Receipt RENT 170.00 268904 RENT 470.00 269252 RENT 10.00 269261 RENT 650.00 270427 T s? - co '°-. David D. Buell Check Amount: 1300.00 INFOCON CORPORATION[L1558HBI 3385603 ORRSTOWN BANK SHIPPENSSURG,PA CUMBERLAND COUNTY PROTHONOTARY OFFICE 60-15031313 GENERALFUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT 02/07/2012 2126 $1,300.00. One Thousand Three Hundred And 00/100 Dollars TO THE ORDER OF NESMITH RORY C/O ANDREW C. SHEELY,'ESQ. 127 S. MARKET ST - PO BOX 95 MECHANICSBURG, PA 17055 . A0 11 -7-9 / 0 0 U d A 41 m 112002126111 1:0 3 L 3 L 50 361: L08 L L L L 7 L11' 14520502072012 Cumberland County Prothonotary's Office PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Payee Name - Rel Da te Desc No No Amount Date No NESMITH RORY RENT 12/22/2011 PYMT/CASH 268904 11-09168 170.00 12/30/2011 PYMT/CASH 269252 11-09168 470.00 12/30/2011 PYMT/CASH 269261 11-09168 10.00 1/31/2012 PYMT/CASH 270427 11-09168 650.00 02/07/2012 2126 Total Amount Released Page: Check Amount 1 1,300.00 ** 1,300.00 -----------------------------------End of Listing --------------------------------------------------------------------- RORY NESMITH, VS. Plaintiff SHELLEY EICHELBERGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 5 G"_;a 11-9168 CIVIL ACTION - LAW cv ORDER OF COURT: AND NOW, this day of 2012, consideration of the attached joint motion for entry of a court order, the Stipulation, Agreement and Release dated January 24, 2012 is hereby incorporated as an order of Court. Defendant is hereby directed to pay rent due Plaintiff to the Prothonotary six hundred fifty dollars ($650.00) for the month of January 2012 prior to February 1, 2012. Defendant is further ordered to vacate the leased premises located at 114 S. Arch Street, Mechanicsburg, Pennsylvania, 17055, prior to February 1, 2012. The Prothonotary is directed to release all funds held in escrow as of the date of this Order and release all funds to Plaintiff paid by the Defendant to the Prothonotary. BY THE COURT, BER'T'H. MA AND, Judge drew C. Sheely, Esquire Attorney for Plaintiff ,/:5helley Eichelberger, Pro Se Defendant CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 02/07/2012 Case No. Defendant Descriptions 11-04475 BAUM JOHN RENT Check Amount: David D. Buell ORRSTOW N BANK SHIPPENSBURG, PA CUMBERLAND COUNTY PROTHONOTARY" OFFICE 60-1503/313 GENIER4L FUND I COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 02/07/2012 2127 * 2127 * Amt Released Receipt 500.00 270533 , CID cti -TI I rT , f 1 p .?q co 1 lI _J- ;..iJ 00.0 I NF0005 CORRPORAT0IONIL1558HB13385603 PAY THIS AMOUNT $500.00 Five Hundred And 00/100 Dollars TO THE ORDER OF WOLF & WOLF FOR JOHN BAUM 2011-4475 10 WEST HIGH STREET CARLISLE, PA 17013 AUTHORIZED S*NA E 11000 2 1 2 711' 1:0 3 .13 1 50 3D: LOB 1 1 1 1 7 Lu' 0 0 v N d 7 E 15093602072012 Cumberland County Prothonotary's OfEice Page: 1 PYS38C Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount WOLF & WOLF FOR JOHN BAUM RENT 2/01/2012 PYMT/CASH 270533 11-04475 500.00 02/07/2012 2127 500.00 ** Total Amount. Released 500.00 ------------------------ -----------------------------------End of Listing -------------------------------------------- Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RORY NESMITH, OTHONOTAR'i 2012 FEB 10 FM 1: 06 CUMBERLAND ANIA Plaintiff SHELLEY EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 11-9168 CIVIL ACTION -LAW PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE TO: DAVID D. BUELL, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly mark the above-captioned matter settled, satisfied and discontinued. Date: February , 2012 Y 64'' e%' A drew C. Sheely, Esquire Rory Nesmith, Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065 (fax)