Loading...
HomeMy WebLinkAbout13-3149 Supreme C06ifbi4k nnsylvania 'p CULIE"ik t} c 1IIY23t0 fiat eaS For Prothonotmy Use Ortly. Grill;"C6V� ' >l t Docket No: County 3- iy 17tH irr(t»mtztiott ccallected orr dais or•trr is ttsed solely for court adminLstr•trtiorr purposes. this form Clans rrcat str/rlalerrrerrt or replace fslnce the filing rarrrl service ol'/alerr&ngs or other Papers as required bit law or rule r of corrr•t. Commencement of Action: �,,/ S Q Complaint Q Writ of Summons 93 Petition E Q Transfer from Another Jurisdiction © Declaration of Taking " LeadF4intifrs]dame: Defendant's Name: + r ` e.I Are Money damages requested? Q Yes KYNo Dollar Amount Requested: Qwithin arbitration limits (check one) Qoutside arbitration limits Is this a Class Action Suit? Q Yes f No Is this an MW Appeal? Q No t: "°: Name of Plaintiff/ peilant'sAttorney: Check here if yon have no attorney(are a Self Represente(I 1.Pro Sej I,1ti;nnt) Nature of the Case: Place an")C"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. i TORT(do not include Mass Torn CONTRACT(do not include Judgments) CIVIL APPEALS ©Intentional Q Buyer Plaintiff Adminisk ative Agencies :i.: Q Malicious Prosecution Q Debt Collection:Credit Card CJ Motor Vehicle Q Debt Collection:Other Board of Assessment Board of Elections Q Nuisance Dept fTransp°rtation Q Premises Liability Statutory Appeal:Other Q Product Liability(does not include Q mass tort) Employment Dispute: Q Slander/Libel/Defamation Discrimination Q Other: d Employment Dispute:Other Q Zoning Board Q Other: Q Other: MASS TORT Q Asbestos Q Tobacco © Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ( Toxic Waste Q Other: [3 Ejectment Q Common Law/Statutory Arbitration B - Q Eminent Domain/Condemnation Q Declaratory Judgment @ WGr an d Rent Mandamus dlord/Tenant Dispute Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIAELITY Q Mortgage Foreclosure:Commercial Quo Warranto Dental Q Partition Q Replevin Legal Q Quiet Title Q Other: Q Medical ®Other: Q Other Professional. Updated 1/1/2011 ' COrM11At?N-WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of CUrn beO C11� FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 — 31 Y l ov�kc 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 0 ;71n,a T MAG.DIST.N0. NAME OF MDJ A. 6 e/i Nzhi�o MV D - 2-021 lie s s)CQ 94e II/Lack el-- ADDR S APPELLAa 1 (, {� � 1({� i CITY A 1 ��(�� STATE ZIP CODE DATE OF 1�(J T1,'5 IN a �F` Y Yr{t �j� i `a l 7 9I! iA j- ! i�QiY 5 vs DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required un er Pa. 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 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 riling the NOTICE of APPEAL. solature ofproftnotmy 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 P CA V V f, appeilee(s),to file a complaint in this appeal N&A of appellees) (Common Pleas No. 1� 3 r / )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Sign re of appellant or atto ey or agent r RULE: To (aS -�) Q, ,appellee(s) Ivan"of appetlee(s) (1) YOU are notified that a ruse 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 dd not nie.a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3+) 'The date.pf-sErv'{ce of tht rule if service was by mail is the date of the mailing. Date: // f Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 21 :11 - 1 y PENNSYLVANIA ' 'l" �LL `;i ';•'0 '� `-.T may!'- !� jam. CgMlltitaNlfVEALTtf OF PENNSYLVANIA Notice of Jud$1'11enV.Transcript COUNTY OF CUMBERLAND Residential LeBSiS Mag.M tea MBIM-02 Patsy L Weigel MCU Name: Horiom Me Jessie.Brewbaker' . V. Address 18 North Hwwer Street.Suite 106 Sam Mitchel(, Katrina.A Mitd*ll Business Central Building Cart W,PA 1.7013 .Telephone: '717-2404UM- Sam Mtcheil Docket No: MJ.09202.LT-OO QD62-2013 446 N. Pitt,Street Can Filect 51812013, Carlisle,PA 17013 Disposlibn Dulls Grentposseaskm No Grant possession if money judgment is not satisfied by the lime of evidorx Yes Dlsposl "Summery l t ttkNo Plods �naunf l �i��tB i7isn' on Hate M W=-LT4000002 2013 Petry is weltel sam M cma Judgment for Plaintiff 0sr2012013 MJ OZ-i,T-00Q0o82-201s Patsy L WOW KatrineAMcbell JutigmentforPlaintiff 05r2=13 Judgment Summary PaCLII'. 121affoond Lkwlb 1ttlNaual Lwhilft Amount Katarins A Mohetl $7,337.98 50.00 57,337.98 Patsy LL Weigel $0.00 $0.00 $0,000 Sam }y $7,337M $0.00 0,337.98 Judgmerit Detail (•Poet Jutiasnerm to the rrmatter'of Patsy L Wetgel vs.Sarre Mitchell;Katrina XMltchelf on 5l2012013 the judgment was aawwded as follows- The amount of runt per month,as established by the Magisterial District Judge,is$W0.00 JudempAgemaps ,f01,fMMMI Ltabtl r kWhddIN LI&WIft 11 ADP Amoyttt Rant in Amarars 57,154.00 $0.00 $7,1ti0.o0 Costs S187.911 $0.00 $187198 Grand 1'o4ati $7.387.88 Pwtkm of Warnert for phys"damages arising out of resi ienttsl lease: Sci.00 MDJ8316A. Pagel of 3 Printett 0&3W2Qt3 I t05;12AM Patsy L Weigel Dodcet NO.:MJ-M02-LT•-0000062-2093 Y. �r Sam Mitchell,Katdna A Mitchell IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY,HAS THE RIGHT TO APPEAL'FROMII A JUIbGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE P'ROTHONOTARYICLERK OF VLS COURT OF THE COURT OF COMMON PLEAS,CIVIL D( ION: AN APPEAL MUST BE FILED'WTTHIN THIRTY PAYS IN RESIOENTI LEAS$ ACTIONS INVOLVING A'VICTIM OF.DOMESTIG VIOLENCE. THISAPPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIk A SUPERSEDPAS;.THE APPELLANT mtiBT tIEI>OSTI^WITH THE PROTHONOTARYICLEw OF COURTS THE LESSER OF THREE MONTHS RENT•OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOWdNCOME AND/OR SECTION 6 TENANTS SHOULD REFER TO Pa.RC.P.M.LI„I: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 PROTHONOTARYI'CLow OF COURTS OF THE COURT OF COMMON PLF,AS,CIVIL OMSION. THE PARTY FILING AN APPAL MUSTiNCLUDE A COPY OF THLS NOTICE 0#JUDGMENTIT RANSCRIPT FORM'WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN T14E*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 PEAS AND NO FURTHER PROW"MAY Bit ISSUED BY THE'MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT I$ENTERED.,IN THE COURT OF COMMON PLEAS;ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WTH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS iN ULL,SETTLES, .OR OTHERWISE COMPLIES WITH THE JUDGMENT. zo •oath M�lag'ssteriai District Judge JesslCa erewl�er ��_::,,. . a and Co SAY at the ircm of the p ngs can n gma Date . Magisterial District Judge i MDJS 315A ' Page 2 Of 3 Printed 0513Qt2t10 1145.12AMM t I Patsy L Weigel Docket No.: MJ-09202-LT-0000062-2013 y+ '. V. Sam Mitchell, Katrina A Mitchell Participant List Plaintiffs) Patsy L Weigel 721 N Middleton Rd Carlisle, PA 17013-8757 Defendant(s) Katrina A Mitchell 446 N Pitt St Carlisle, PA 17013 Sam Mitchell 446 N. Pitt Street Carlisle, PA 171713 MDJS 315A Page 3 of 3 9 Printed:05/30/2013 11:05:12AM Cu M IN THE COURT OF COMMON PLEAS OF COUNTY,PENNSYLVANIA CIVIL DIVISION . -Lle,l _ 31 W Ga ,_ 4e-f� Piai iff(s) /3 y VS. NO. j Defe ants) AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED `IN FORMA PAUPERIS' 1. I am the (Plaintiff) (Defendant) in the above matter and because of my financial condition I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family,friends and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the costs and fees is true and correct. _ a. Name //a 4 Address ��t`n N R 17" ark s% Ph, 17013 Social Security Number —- b. Date of last employment Employer L er lei ` Address } Salary:$ s (or)Wages: $ 06 '30 (per hour) (per week) P Type of Work I&AA&A az 2 r IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY,PENNSYLVANIA CIVIL DIVISION c. Other income: Business/Profession $ Self-Employment $ Interest $ Dividends $ Pension $ Annuities $ Social Security Benefits $ _ Support Payments $ Disability Payments Unemployment Compensation/Supplements Benefits $ Worker's Compensation $ Public Assistance $ Food Stamps $ Other $ d. Other contributions to my household support(please circle): Name of Spouse,Boyfriend/Girlfriend,or Roommate/Housemate: Employer Dz/ 4%ISa n /71 111a rL -- Salary/wages per month t ! Type of Work $ Dn Contributions from my child(ren) $ Contributions from my parent(s),family members,or $ any other individuals e. Property owned: Cash $ als" Checking Account $ Savings Account $ Certificates of Deposit $ Real Estate(including home) $ 3 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY,PENNSYLVANIA CIVIL DIVISION Motor Vehicle(s)—Make � iJ3,cGC1 Year Cost Amount owed $ Stocks,bonds $ Other $ Other $ E I have the following debts: Utilities: $ Explain: $ Explain: -- $ Explain: $ Explain: Groceries: $ Explain- Rent/Mortgage $ Explain: Loan(s) $ Explain: Auto Expense $ Explain. r Child Care $ Explain: Miscellaneous $. Explain: g. Person(s)dependent upon you for support: Wife/Husband's name: Children, if any: age _ .. age /7 age age age age Other person(s)dependent upon you: Name: Relationship: age _ age . age 4. I understand that I have a continuing obligation to inform the Court of improvements in my financial circumstances which would permit me to pay the costs incurred herein. 4 -: - IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY,PENNSYLVANIA CIVIL DIVISION VERIFICATION 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 Unworn Falsification to Authorities. Date Petitioner t 5 � IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY,PENNSYLVANIA CIVIL DIVISION CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION I, - o .�l few'/ laving filed with the Court an Affidavit requesting In Forma Pauperis standing,hereby consent to the release of any information which may be requested by the Judges of the Court of Common Pleas of Clearfield County, or by any employee of the Court Administrator's Office acting on the behalf and at the direction of any said Judge,relating to any employment compensation, Worker's Compensation, Social Security, Department of Public Welfare or Black Lung benefits which I may receive from any county, state or federal agency which administers or handles processing of any of the above described benefits. This consent shall also authorize the release to the said Court or designee of any information as to any compensation I am receiving,or have received in the past twelve(12)months, from any full or part-time employment of any type whatsoever. This consent shall remain in effect for a period of twelve(12)months herefrom. A copy or FAX of this release shall have the same legal effect as the original. Social Security Number: _ Board of Assistance Number(food stamps,etc.):_ 1 ?� Date: Signature 6 _ — PATSY WEIGEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V KATRINA WASHINGTON (MITCHELL) DEFENDANT 13-3149 CIVIL ORDER OF COURT AND NOW, this 6h day of June, 2013, upon consideration of Katrina Washington's Petition to Proceed In Forma Pauperis; IT IS HEREBY ORDERED AND DIRECTED that the Petition is GRANTED. Katrina Washington (Mitchell)will be permitted to proceed in the above captioned matter In Forma Pauperis. By the Court, M. L. Ebert, Jr., ,--o'Katsy Weigel Plaintiff _,-<atrina Washington (Mitchell) Defendant bas -Z > g C d i H i V''-:-`1 PRO t 1 ii ?113 JUN --7 PM 3: 30 CUMBERL AM) CutliA°i :,. PENNSYLVANIA 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.) COMMONWEAL OF PENNSYLVANIA COUNTY OF_ COMMONWEAL! ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served a copy of the Notice of Appeal,Common Pleas No. ,upon the Magisterial District Judge designated therein on (date of service)£a r 7,2a /__? , by personal service Q by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee,(name) f on 3�,,1 4--', ,:?Q 11 , Qby personal service • by(certified) registered}mall, sender's receipt attached hereto. _ 1 (SWORN)(AFFIRMED)IAND SUBSCRIBED BEFORE ME THIS 17A DAY OF 20 13 ii/- a itc((i 4' lej Signature of official before wholffidavrt was made Signature of affiant P ,1 Pile of official U.S. Postal Service„., My commission expires on ,20 CERTIFIED MAIL, RECEIPT Prothonotary,Cumberland Counts Carlisk,PA . - (Domestic Mail Only;No Insurance Coverage Provided) My Commission Expires the First Mc dayellan.2014 ru 1-r7 For delivery information visit our website at www.usps.com® rn . - ri m rf !S in Postage n Certified Fee .10$3•t0 `"''')'7 ru I .P, tDiar Q Return Receipt Fee (Endorsement Required) 2.5 P•5 'ire al Restricted Delivery Fee W•00 '' P (Endorsement Required) Total Postage&Fees $ D .1 0.11 I' 1 40 lats Sent T ru AOPC 312A-05 a Street,Apt.No.; y v - or P O B o x N o. A d.Air 1,9 Ad' City, tate,ZIP+4 0 / PS Form 3800.August 2006 See Reverse for Instructions