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Home My WebLink About12-2164COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, Cou ty Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ia - a x(07 8vllTem 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. APPELLANT /? ITY STATE ZIP CODE DATE ?NT E ial?°?? This block will be signed ONLY when this notation is required under P If appellant was Claimant (see 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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. d ProHiaplary or wply PRAECIPE TO ENTER RULE TO PILE 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 /? ( r l?ll1 t j /L? Name of appe#Ws) appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after service of or suffer a try of judgment of non pros. Signature ofappeNant or attorney or agent RULE: To (111 txir ??rr L)f lrt appellee Name of appellees) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Apr S ? 20 ? 9 f Of Signature of Prothonotary or D" YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APP AL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (name) , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on .20 V IN VA U HNN r Idon ZZ .C WA S- 88Y 110Z Signature of afant APP-S--2012 ? 0?:1?_"P PROM: T0:213-070-21 P.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No. MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766.4575 Jill Freet 633 Cumberland Pointe Cr Mechanicsburg, PA 17055 Notice of Judgment/Transcript Residential Lease Disposition Details Grant possession. Grant possession If money judgment is not satisfied by the time of eviction. Disposition Summary (D k N oc et o MJ-09305-LT-0000040.2012 plainti Defendant Cumberland Pointe Circle Jill Freet MJ-09305-LT-0000040-2012 Cumberland Pointe Circle Roger Moore Judgment Summary P ti i t Joint/Several Liabilit id I l Li bili ar c pan Cumberland Pointe Circle y ndiv ua a ty $0.00 $0.00 Jill Freet $132.61 $0.00 Roger Moore $132,61 $0.00 Judgment Detail ('Post Judgment) Cumberland Pointe Circle V. Jill Freet, F ew-Meefe Docket No: MJ-09305-LT-0000040-2012 Case Filed: 3/13/2012 Yes No Disposition Diapoaition Date Judgment for Plaintiff 03/28/2012 Judgment for Plaintiff 03/28/2012 A ount $0.00 $132.61 $132.61 In the matter of Cumberland Pointe Circle vs. Jill Freet; Roger Moore on 3/28!2012 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 $774.00 Judgment Component joint/Several Liability Individual Liability Deposit AQ 1D led ou Filing Fees $132.61 $0.00 $132,61 Grand Total: $132.61 Portion of judgment for physical damages arising out of residential lease: $0.00 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 PROTHONOTARYICLERK 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 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. MDJS 315A Page 1 of 3 Printed: 03/30/2012 9:08:09AM RPP-3°2012 03:14P FRDII: Cumberland Pointe Circle v. Jill Freet, Roger Moore TQ:2327021 P.6 Docket ND.: MJ-09305-LT-0000040-2012 A v ?a, Date Magisterial District Judge Mark Martln certify a this is a rue an correct copy o the record of the proceedings containing the jUdgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 03/3012012 9:08-09AM CUMBERLAND POINTE CIRCLE IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. la.' oZl (p? l?+ vi 17-er h JILL FREET : CIVIL ACTION - MDJ APPEAL -u r? - Defendant ?= - `- PETITION TO PROCEED IN FORMA PAUPERIS ES,.I The Petitioner, Jill Freet, the Defendant 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. Date ,Petitioner CUMBERLAND POINTE CIRCLE Plaintiff JILL FREET V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - MDJ APPEAL 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) Nam Address: (b) Social Security Number: If you are presently employed, state Employer: dal y, am v / /r Address: W11 rori5le:- a1?' Salary or wages per month: v Uyl?j?L Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: food" S m s- ? 6, 60 M6 Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type, of work: Contributions from children: (e) Property owned Cash: Checking Account Savings Account: Certificates of Deposit: Real Estate (including ho e Motor vehicle: Mahe Cost Stocks; bonds: Other: (f) Debts and obligations Year (Jli o? Amount owed Mortgage: Rent: * -77 Loans: Monthly Expenses: .CJ ccr (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: / e 60 Age: '0 ?-C l 1 Woo r'e I v 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: J ?'2 C?qJill Freet S CUMBERLAND POINTE CIRCLE IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. oll(4 Civil-T&m JILL FREET : CIVIL ACTION - MDJ APPEAL Defendant ORDER OF COURT AND NOW this 11,46 day of a4?,? , 2012, upon consideration of the attached Petition and Affidavit, the petitioner is allowed to proceed in forma pauperis. BY THE COURT, 6`- Judge Distribution Plaintiff: IJ?rn Pr/?'??' ?-e o' re Name S liC Address Defendant: Name X 33 C???xd?, ? fo -4 Address ? T I/ Free ? (a.,be,-laod Po;,, 4e- C li e CJ pt'es 111a.1m ?/1, J1 P. rq4"4 < ?- -r, - CUMBERLAND POINTE CIRCLE, Plaintiff V. JILL FREET, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-2164 - CIVIL TERM CIVIL ACTION - MDJ APPEAL PRAECIPE TO TERMINATE SUPERSEDEAS Please terminate the supersedeas in the within action for failure of the appellant to file proof of service of her appeal within ten (10) days as required by Pa.R.C.P.M.D.J. No. 1008. CUNNINGH & ERNICOFF, P. ° --? urn c? ?tZ Z C4 Dated: '111711z-- By: rd . Cunningham, Esquire =c::) ttr Supreme Court I.D. No. 23144 ? 2320 North Second Street _< co Harrisburg, PA 17110 Telephone: (717) 238-6570 Due to Defendant's failure to file proof of service her appeal within ten (10) days of filing as required by Pa. R.C.P.M.D.J. No. 1008, the supersedeas is terminated. Prothonotary Deputy F:\Home\AHEWITT\DOCS\A-C\CUMBERLAND POINTE APARTMENTS\FREET, JILL & MOORE, ROGER\Praecipe to Terminate Supersedeas 041712.wpd