Loading...
HomeMy WebLinkAbout12-2146COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cjtr b er-1 an d FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /? • oZ /1{(p 0jyj 11gM 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. NAME OF APPELLANT MAG. MST. NO. NAME OF D.J. c.{ rem 6a.1°c,' Si`c'.,rro_ PQV/)e, 09- .0-0a Jess I, x ADDRESS OF APPELLANT CITY S TE ZIP CODE C'ob L? ?co/In ?? DATE OF JUDGMENT IN THE CASE OF (PkWfi) {D• •nY I - ?"7- 1.,2 ?1o,,.st.?,,Ar?i?,ol-„i?? ('?Lnls?bCl?Qn? v. ?Ierra {?Gi..,?e_." Al J - ()7oc 1-Lo ©6 o3 7- 2 o /,Z This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possessig6 in this case. k? ?__" (see Pa. R.(:.P.V.J. NO. IUU7(b) In action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after fling the NOTICE of APPEAL. or ProftwWery or 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 U5. ,"q Au ? orl C/appellee(s), to file a complaint in this appeal Name of appellees) ' (Common Pleas No. within twenty (20) days after rvice of rule or suffer entry of judgment of non pros. ?" t Signature of appellant or atwmey or agent ryt rJerI'xn ?a( RULE: To /Tc051 o+ Ae (215LAI( b7 appellee(s) Name of m(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 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: Al 1.5 20 /a of ProMonotary or Deputy 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- 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 afriant Signature of official before whom affidavit was made Title of official My commission expires on 20 d1:JZ VINVAIASNN3d O O 78 Wn s1:114 9_ dcr zip COrIIMONWEALFH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND y J' Residential Lease _•w: 5 Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Teiephone: 717-240-6564 Sierra Payne 206A Lincoln Street Carlisle, PA 17013 Disposition Details Grant possession. Girant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Housing Authority of the County of Cumberland V. Sierra Payne Docket No Plaintiff Defendant MJ-09202-LT-0000037-2012 Housing Authority of the County Sierra Payne of Cumberland Judgment Summary Participant Joint/Several Liability Individual Liability Housing Authority of the County of $0.00 $0.00 Cumberland Sierra Payne $0.00 $211.33 Docket No: MJ-09202-LT-0000037-2012 Case Filed: 3/16/2012 Yes No Disposition Disposition Date Judgment for Plaintiff 03/27/2012 Amount $0.00 $211.33 Judgment Detail (*Post Judgment) In the matter of Housing Authority of the County of Cumberland vs. Sierra Payne on 3/27/2012 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 $34.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $17.00 $17.00 Costs $0.00 $124.33 $124.33 Attorney Fees $0.00 $70.00 $70.00 Grand Total: $211.33 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 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 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: 03/27/2012 11:10:51AM Housing Authority of the County of Cumberland V. Sierra Payne Docket No.: MJ-09202-LT-0000037-20" 2 qkNIA C OL Date Magisterial District Judge Jessica Brewbaker q+f`••` -- ;,ter h T?I???? IP ? xl certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 03/27/2012 11:10:51AM Housing Authority of the County of Cumberland V. Sierra Payne Participant List Private(s) Tricia Dills Naylor, Esq. Baric Scherer LLC 19 W South St Carlisle, PA 17013 Plaintiff(s) Housing Authority of the County of Cumberland 60 W Penn St Carlisle, PA 17013 Defendant(s) Sierra Payne 206A Lincoln Street Carlisle, PA 17013 Docket No.: MJ-09202-LT-0000037-2012 MDJS 315A Page 3 of 3 Printed: 03/27/2012 11:10:51AM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND PLAINTIFF V. SIERRA PAYNE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- 011 LI(o CIVIL TERM : CIVIL ACTION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Sierra Payne, Plaintiff, to Proceed in forma pauperis. I, Amy Hirakis, 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. Respectfully, MIDPENN LEGAL SERVICES Date: Amy Atto ey'ID # 310094 401 E. -touther Street, Ste 103 Carlisle, PA 17013 (717) 243-9400, Ext. 2513 L-7 t.._, YJ ) HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND PLA[NTIFF V. SIERRA PAYNE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012- CIVIL TERM CIVIL ACTION IN FORMA PAUPERIS AFFIDAVIT 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: Address: C??p U(1C n\Yl 5X LIA(AMU, (b) Social Security Number: ^?c5 If you are presently employed, state Employer: Address: Salary or wages per month: - ?J Type of work: If you are presently unemployed, state: &q' Date of last employment: a0A ' Salary or wages per month: ?p 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: VHbu 4 Ta N:L 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 home): vovc,1 Motor vehicle: Make- ?"Y US Year 1 °? g Cost Amount owed Stocks; bonds: Other: (f) Debts and obligations Mortgage: Ren : MrS Loans: Monthly Expenses: 00 5 . Cc) pp? (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: NV \ . Lu-" Age: q ( 1'2?1 1 LA .. 6 0 * \ IIr??i11 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: 3 ?2 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of CUMBERLAND PLAINTIFF: NAME and ADDRESS F_ Housing Authority of the County of Cumberland 60 West Penn Street Carlisle, PA 17013 VS. DEFENDANT: NAME and ADDRESS Sierra Payne 206A Lincoln Street Carlisle, PA 17013 TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) ,,- N. I, DIerta a,oe, Z)6z Let-) sle, P4 (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 YI CAAg- rl o appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I (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 authorities. 1 Z. Date GNATURE OF NT AOPC 312-08 (B) _5435704252^,-2 Cumberland County Prcthonotary's Office PYS=00 Check Register Page: 1 Pavee Name Costs & Fees Tran Receipt - R l D Case Trans Check Check Check e ate Desc No No Amount Date No Amount PAYNE SIERRA RENT 4/05/2012 PYMT/CHECK 273420 12-02146 34.00 04/25/2012 2144 34.00 ** Total Amount Released 34.00 ------------------ -----------------End of Listing -------- --------------- ------------------ ------------- -------------- CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Da--e: '11/2.5/2012 Case No. Defendan=. 12-02146 1--.(D':3S--NG AUTHORITY OF THE Descriptions RENT C o -vX s ?'W rv ?= C -r"c- .. co .,_ _r ZD David D. Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GENERALFUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 04/25/2012 2144 TO THE ORDER OF PAYNE SIERRA 2012-2146 206A LINCOLN STREET CARLISLE, PA 17013 Check Amount ORRSTOWN BANK SHIPPENSBURG, PA 60-1503/313 * 2144 * Amt Released Receipt 34.00 273420 34.00 INFOCON CORPORATIONCL1558HBI 3385603 PAY THIS AMOUNT $34.00 Thirty Four And 00/100 Dollars ASIGNATURE 0 0 m a m 111002144113 Ii:0 3 L 3 150 361: 108 & 1 1 1? 1111 s HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND PLAINTIFF V. SIERRA PAYNE DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012- 2146 CIVIL TERM : CIVIL ACTION ORDER OF COURT AND NOW, this `???y of April, 2012, on motion of Appellant/Defendant, Sierra Long, the request for the release of all escrowed funds paid by the Defendant into the escrow account is hereby GRANTED, and the funds shall be released Defendant. to die BY THE COURT, DISTRIBUTION: /any Hirakis, Esquire c , For the Defendant r`6ca 401 E. Louther Street, Ste 103 z = --a rrl -" Carlisle, PA 17013 c ? ricia Naylor, Esquire C-0 v i =C n -n o rn For the Plaintiff -a r I V, 19 West South Street Carlisle, PA 17013 0 0 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff VS. SIERRA PAYNE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-2146 CIVIL TERM CIVIL ACTION PRAECIPE TO WITHDRAW APPEAL To the Prothonotary: k - eJ- Please withdraw without prejudice the Appeal brought by Defendant, Sierra Payne, in the above captioned case. Respectfully submitted: MIDPENN LEGAL SERVICES Date Amy axis Att y for Defendant Supreme Court ID #310094 401 East Louther Street Suite 103 Carlisle, PA 17013 (717) 243-9400