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Home My WebLink About02-0434CQMMOI~WEAI'TH ~ PENNSYLVAHIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT c..,,o.,,,As... NOTICE OF APPEAL Notice is gh~n that the appdk:nt has filed in the above Cou~t of Common Pleas an -_-~{-~ul from the judgment rendered by the Distr~ Justice an the date and in Ifle case mefltioned bek~ Richard Ballent, Leonard Ballent, Velma Ballent 153 Lonqs Gap Road Carlisle PA 17013 IN THE C~S~ Of (PKa~r~) (1) 1-07-02 Nelson H. Minich ~ Richard Ballent, et al LT -0000499-01 This10081[block will be signed ONLY when this notation is required under Pa. R£J)J~.~L Ifa~lantlf rlant WaS CLAIMANT (see Pa ...... RC P.J.P. No. This Notice of Appeal, whe~ received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgmant for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon'n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Dis~ict Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary Entre rule upon Nelson H. Minich , appdlee(s), to file a complaint in this appeal Name of appellee(s) {Cornman Pleas No --"~ '""''Oo/~--H<,-'~ut C-{~ll ) within twenh, (20) days ,~f;,,r se~vicq~of rule or suffer egffy ofiudgme~t of nan pm& (/ Neme of appellees) (1) You om notified that a r~e is hereby efltmed upon you to file a compiaiflt in this appeal within tw~ffy (20) days after the date of sorv~e 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 WILL BE ENTERED AGAINST YOU. , . / COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT ~: (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ................................................. ;, SS AFFIDAVIT: I hereby swear or affirm that I served [] ~ copy of the Notice of APpeal, Common Pleas No .................... upon the District Justice designated therein on (date of service)_,., receipt attached hereto, and u'~'iJ~'e-appeli~'~i-~'~a-~'' [] by personal service [] by (certified) (registered) mail, sender's., on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I s~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , ., [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 7:itJe o! official My commission expires on .... , ............................... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-2-01 DJ Name: Hon. PAULA P. COP/~EAL ~'"': 1 COURTHOUSE I~QU~ *.CARLISLE, PA . ..:-. ~:. ** Ta~r,e:~l~i 2q, 0.'..~;~;~'..:.;~..: '/7013 '0000 '~:'~'.,:....~:~ ;.:::. , .~.. . ~ ' · ,. ~..;::: · .. .. 153 LONGS GAP RD CAt. ISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: ~AME ~,~ Ar)Or,ESS ~-MINICH, NELSON H. 730 N. COLLEGE STKEET CARLSILE, PA 17013 VS. DEFENDANT: ~E a~ ADDR~S '"~53'1.~ONGS'C~,/~ ~ C~RLiSLE, PA17013 Docket No?. nT-0000a. 99-01 I ~ Date F ed: 12/18/01 THIS IS TO NOTiF<Y'Y0U THAT: :__ Juc~ment: ' ~" FOR 9:[.Ai'N~TFF ~ Judgment Was'entered against '. ~:~L~, I~1Landlo~enant action in the amount of $ 1,2~,23 on.': 1/07/02 . (Date of Judgment) The amount of rent per month, as established by the District Justin, is $ ~00.00. The total amount of the Secu~ De~s~ is $ . ~00.00 Total Amount Established ~[DJ ,~ess-Securi~ Deposit ApEl~d = Adjudic~e~ inArrears $ z,z~=.u=-$ .uu = $ ' Ph~ical Damages Leasehold Prope~y .0 q --~. .00 = Damage~Unjust. Detention ~ . O0 - ~ _ O~ = ~ .O0' 00 · . Le~ ~t ~e Amount ~'~ Possession granted. P ossession granted if money judgment i~ Possession not granted. ~] Levy is stayed for days or ~'~ generally stayed. ~ ',Objection to. Levy has been filed~and hearing will be held: ' "--,, ........ Date: '' :'"-~'"'":' ....... ~:'*'~"~""'~'"',' ...... Place:"'{i~" ~'~r ' r'"~' II Time: Post Judgment.Credits $ Post Judgment Costs $ Certified Judgment Total $ ~] Defendants are jointly and severally liable. ' II 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 COURTS 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 SuPERsEDEA$~ THE APPELLANT MUS'I: ~EP0~:WITH .THE PROTHONOTARY/CLERK OF.COURTS THE Lr;SSER;~F :, !"THI~E~ MoNTH~ RENT'oR THE :R'EI~I~ :A~TUAi~L~iN ARREARs'ON THE DATE';THrE APPEAL I'S FILED:........ ~' ........ ~:~" :--'IF ~}~2,~ission January, 2006. SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Dt~t. No.: 09-2-01 Dd Name: Hon. PAOLA P. COI~EAL ~": I COURTHOUS~ SQUARE .CAP'ISlE, PA ~ T.~.*:(717) 240'6564 17013'0000 RICHARD BALLENT 153 LONGS GAP CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS FMINICH, NELSON H. 730 N. COLLEGE 8TP, E~T CARLSILE, PA 17013 L VS. DEFENDANT: N~ME end ADDRESS 153 Z.,O~GS GAP ~ ~ZG~, PA 17013 No.: ~1'r0000499-01 I Date Filed: 12/18/01 J THIS IS TO N(~TIFY YgU THAT: ~ J ud~lm~'~O?''' " '~ Ja~me~Was-e~,fO~:~ ' ;'~(~ ~ Judgment was entqred'ag~inst ~~ ~~ · · -in a I z I ~ndlo~enant a~on ~n t~e amou~ of $~ ~, 3~. 33. 0n Z/07/03 . (Date of Judgment) · The amount of r~t p~on~h, as establ~ by the ~istric~usti~, is $ The total ~ount of the Se~ri~ Deposit ~ $ ~ ~ . ~ ~0~ ~ 00'~ . .~ . ~.~. Rent in Arream $ Physical Dama~sehold Pmpe~y $ ,0~ -$~ Damage~Unju~t De~ ~" ~ $ - " ,: . ~ ?~. ~ Less ~t Due Defe~dantfrom ~0~ Complaint -- $ .0~ · ' '. ~ ~ ' - *~ ~ ~udgment Am0Uht $.__~ ~ AEaChment ProhibitS/ ~ ~ Judgment Costs $ 99'.'~R I ~ Vi~im of Abuse (Act 5, 1996) ..... _[~ Attorney Fees $ ' ' r' ' '4' ~ ~ n ".. Total Judgment $ lr 244.23 "x Po~t*'~J-~*dgment Credits $ ~ Pos't~dgment Costs $ Certified Judgment Total $ not sat~s.ea Dy t~me oT ewct,on. E~] This case dismissed without prejudice. r~ Possession granted. Defendants are jointly and severally liable. FPossession granted if money judgment Possession not granted. ~']. Levy is.stayed for ,, .days orjr-]. generally stayed.. ~ ObjeCt ~)n iD Levy h~s'been filed and h~aring Will b~ held: ' Time: IN AN' ACTION INVOLVING A RESIDENTIAL LEASE~.~ANY PARTY HAS T~'IE.~IGHT TO APPEAL FROM A JUDGMENT FOR POSSE~ION WITHIN TEN DAys AFTER THE DATE OF ENTRY OF JUDGI~'3~3.Y FILING A 14QTI~OF APPEAL WITH THE PROTHONOTARY/CLERK OF COUI~TS OF THE COURT oF COMMON PLEAS, CIVIL DIVI$1ON~HI~PPEAL WlL'I~NC~UDE AN APPEAL oF THE MONEY JUDGMENT, IF ANy. IN ORDER TO OBTAIN A $UPERSEDEA6. THE APPE~LAI~a~'BT DEPOSIT W~YHE PROTHoNOTARY/CLERK OF .COURTS THE Li:eSER · 7 .~REE MONTHS RENT OR THE ~ENT~I~J~LLY.-If~A~R~:A'I~ DIgit. DATable AppEALiSFILED ::. : ~' , .'.. ':'~ ~, ~': ': ' ~.~F`APARTY~S~E$T~A~E~L~LYTHf:e~N~Y`p~R~3~Fk~U~3~EN¥~NV~LV~NGA~E~)E~T~ALLE~$E~THEpARTYH~$ · ~:::~. 30 DAYS'&FTER THE DATE OF ENTRY OF J,UpGMENT !N wHICH .TO'~qLE~ NOTI,gE OF APP'EAL WffH THE PROZHONOTARYICLERK OF :: THE p~RTY 'FiLiNG AN APPEAL MUST~INCr. UD~ A COpy,.GPTRI~,N'OTI~E Oi-; JUi3~'MENT/Tj<[~CRiFT FORM W~H THE NOTICE OF APPEAled; 11/17/02. Date ( ~...~,~,..~'~..~~.~ ~K~/"~' ,~)istrlct Ju;~,e ,- , ~}~fi~9,,m.~ission expires i~rst Mon~"~y of January, 2006. SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CGM~~ Mag. Dist. No.: 09-2-01 DJ Name: Hon. PAULA P. COP,q. EAL ~'°": I COGRTHOUSE SQUAEE CAP'ISLE, PA Telephone: (717) 240-656a. 17013-0000 VELMA BALLENT 153 LONGS GAP lID CAP~II~LE, PA 17013 THIS IS TO NOTI~:Y YOU THAT: NOTICE OF JUDGMENT/TRANSCRIPT PLAiNTiFF: RESIDENTIAL LEASE NAME and ADDRESS I-MINICH, NELSON H. 730 N. CO[&,EGE STREET CAELSILE, PA 17013 VS. DEFENDANT: NME and ADDRESS FIi~[E~I~, I[ZCI~, ~T~L. 153 ~NG~ ~ ~ ~ISLE, PA 17013 DOC~tNo.: LT'0000~99'01 D~eFil~: 12/18/01 JU(llgment: ~ FOP~ PLAINTIFF ~-] .Ju;igmertt.was entered~for: . JudgmenLwas entered against ' '~L~ ~ ......... * ............ ' in a · ~ ~n~lor~enant a~ion in the amount of $ 1.344.33 on 1/07/03 . (Date of Judgment) The amount of rent per month, as established by the Distri~ Justin, is $ 400.00. The total amount of the ~ri~ ~sit is $ 400.00 Total Amount Est~lish~d ~[DJ ~ess. ~curity Depose A~l~d = $ Adjudi~e~yS~ Rent in Arream $ Physi~l Damages Leasehold Pro~dy ~ ,00 -- ~ - 00 = ~ - 00 Damage~Unjust Detention .nn-$ .' .oo$ _ne Les~ Amt DUe*Defendant from Cross Comp ant -.. $ .0 '" *~ *, ~" '~ 10t~es~ (if P~yid~ .byr lease) $ .... .n n ~ Judgment Amount $ ['~ Possession granted. :~ Possession granted if money judgment Possession not granted. Post Judgment'Credits Post Judgment Costs ~ified Judgment Total noz saz~s~ea oy t~me et ev~m~on. i~ Levy is stayed for days or ~ generally stayed. ['--] Objection~ to Levy has been file~ and hearing will be held: $ .,. lr244.23 $ r-]Defendants are iointly and severally liable. Date: Time: IN AN ACTION INVOLVING A RESIDENTIAL LEASE Place: ANY PAIYrY 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 COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INcLUDEAN AppEAL OF THE MONEY JUDGMENT, I? ANY. IN ORDER T~O. OBTAIN A SUPERSEDEA~, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF C{3UHTS THE LESSER:OF ~ THREE MONTH~ RENT ORatE RENT A~TUALL~ IN ARREARS ON THE DATETHI~'APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, T~I'~*~.~TY HAS 30 D~Y~.:~,~.' ,~.FT,. ,E. ~ ~,,,A,.'[E.~Er~i'RY bF JUDGMEN'i~ IN WHICH TO FILE A NOTICE.*OF ~PPEAL WITH THE PRQTHONOTARY!CLERK COUBT~'~)~:-~/;~'~J~3UJ~¥bI~i~MMONPLEAS, CIVIL D VISION -,'"' r' ' .. "~ ..,'3_ ~ .**.~ THE PARTY FILING AN APPEAL MUS.T..INCE .OD~ A COP', . { ~~,~:~EI~'~,~,~RIPTFORM'.ITHTHE ',/'~/~, Date ~ ~~ ~4/~' ':.'..////' .i, DistriCr'~u,S'ticre II certify that this is a true andzorl'e~ ~ ot,~tl'~ ~co~F~rt~,;pr~...din~js coJ~t~l~fng the judgme~,' ... I ~'~~. , District Justibel,. ~y.?..,o,~mission expires first ~nday of January, 2006. L~ ' "~ SEAL PRAECIPE TO PROCEED IN FORMA PAUPERI$ TO THE PROTHONOTARY: Kindly allow Velma Ballent, Defendant, to proc, ccd in forma pauperis. I, James M. Robinson, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully Submitted TURO LAW OFFICES Date Ja~s M. Robeson, Esquire 28~outh Pitt j~treet Carlisle, PA 17013 (717) 245-9688 Attorney for xxx AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE 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 procccding. 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: Address: Velma Ballent 153 Lon,qs Gap Road Cadiste, PA 17013 Social Security Number: 170-26-8861 If you are presently employed, state Employer: N/A Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: Other income within the past twelve months Business or profession: 00.00 Other self-employment: 00.00 Interest: 00.00 Housewife Dividends: 00.00 Pension and annuities: 00.00 Social Secudty benefits: Support payments: Disability payments: 00.00 Unemployment compensation and Supplemental benefits: 00.00 Workman's compensation: 00.00 Public Assistance: 00.00 Other: 00.00 $343.00 per month 00.00 do Other contributions to household support Wife/Husband Name: Leonard Ballent If your Husband/Wife is employed, state: Employer: NIA Salary or wages per month: Type of work: Contributions from children: Property owned Cash: 00.00 00.00 00.00 Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): Motor vehicle: Make None 00.00 00.00 Year Stocks; bends: Other: Cost Amount owed 00.00 00.00 Debts and obligations Mortgage: 00.00 Rent: Loans: ~'~400/mo. with Husband & Son 00.00 Monthly Expenses: Cable TV $60/me. g. Persons dependent upon you for support Wife/Husband Name: Leonard Ballent Children, if any: Name: Age: Name: Age: Name: Age: 4. I understand that I have a continuing obligation to info,, 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 Velma Ballent, Defendant PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF __ .O..&,v~..P... _L,~.. ;SS AFFIDAVIT: I hereby swear or affirm that I served '1~ a copy of the Notice of Apj~eal, Common Pleas No. 02Z- u~ q ~_,_~ ,~., upon the District Justice designated therein on ~ (date of service) ~L- ~ 0 ~ _ , ~ by. personal se~ice ~ by (certified) (registered) mail, sender's receipt attached heret~"~he appelleeS(name).~~...~ H. ~~ ...... on ~ ~1 ~..~ ~- , _ ~ ~ ~ by personal service ~ by (certified) ~ail, senders receipt attached hereto. ~and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upop the appellee(s) to whom ~he Rule was addressed on. ~~ ~_, ~ ~ by personal s~ice ~ by (certified) (registered) mail, sender's receipt attached hereto. - _ ,//~ . ~ .... Signature of affiant Title o! off~c~at My ; NOfA~'IAL SEAL '~ ~ ~ CLf~U~ k. BREWB~R, NOTARY PUBLIC ~ ~ ~ C~iste ~o, C~berland Coun~ z " ~,y ~m ~ssmn~iresApril4,~ ~ ~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallplece, or on the front if space permits. A. ReceK, ed by (Please Print Clearly) [] Agent Addressee [] Yes r delivery address below: [] NO Service Type i'Certified Mail [] Express Mail [] Return Receipt for Merchandise [] insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] y~ PS Form 3811, March 2001 Domestic Return Receipt 102~3~5-01-M-1424