HomeMy WebLinkAbout13-3263 Supreme Co/tn t.of Pennsylvania
Court of-CommonPleas For Prothonotary Use Only
Ctvii CoVer,;Sheet , ' "
` Docket No:County 13`' ?J 1(o 3
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S .Complaint 0 Writ of Summons ® Petition
0 Transfer from Another Jurisdiction 0 Declaration of Taking
E -
C Lead Plaintiff's Name: Lead Defendant's Name:
T IL 04 `S KA H C- Lisa. ti a
Vi� Dollar Amount Requested: within arbitration limits
-Yes Are money damages requested? -`"es * No (check one) U outside arbitration limits
O
N Is this a Class Action Suit? I Yes JNo Is this an MDJAppeal? [(Yes 0 No
A Name of Plaintiff/Appellant's Attorney:
Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
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.
TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
X Intentional ® Buyer Plaintiff Administrative Agencies
• Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
U Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance 0 Dept.of Transportation
S 0 Premises Liability 0 Statutory Appeal:Other
I Product Liability(does not include
E mass tort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
C El Other: 0 Employment Dispute:Other U Zoning Board
T Other:
I 0 Other:
O MASS TORT
O Asbestos
N 0 Tobacco
II Toxic Tort-DES
O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
O Toxic Waste U Ejectment II Common Law/Statutory Arbitration
B Other: if Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
'a Landlord/Tenant Dispute IN Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
O Dental X Partition 0 Replevin
U Legal ■ Quiet Title 0 Other:
O Medical a Other:
* Other Professional:
Updated 1/1/2011
1
..,
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District,County Of FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. / 3— 3°2 3 C' /:
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. �5� C r
AkEO PPEL� m��T-0q-<J_" f 7 c u MDJ . Co/ rl�wl
ADDRESS OF APPELLANT so CITY T TE ZIP CODE
40+ V let Ave `&ri 1 LQ. (70115
DATE
i J2JI3 JU 11.11 1 ;.(SPlainti/f) H� . I t sa 1-! (��i sh4 n PV`• ' "ck-DOCKE No. Cn 1 ,rM" SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
-)t.'S-t) ___c 11,4-1,--r"
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J.No. 100BB.
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
, --j-el
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 's rk►-FC
Enter rule upon "'"7�r� �''w►'" �‘ appellee(s),to file a complaint in this appeal
Na e of appellee(s)
(Common Pleas No. /3 3 el.L 3 )within twenty(20)days after service of rule or suffer entry of judgment of non pros.
ij-)C
7-rt
Sign fu of a ellant or attorney or agent
RULE: To l., t "is 1C. , appellee(s)
Name of appellee(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 d4.te of service of thissule if service was by mail is the date of the mailing.
Date:@/L 20" 3 . ' - _ , �/
' 1dIhp�1�SP �d3d
' -. `AiNno aNkfl838W(113 Signatureo Profhonoary orDeputy
ti 0 .g WV L— NEW t I 01 = _ '/
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
.y==j ONOH-1 1.0bd 3 .::
:' L!•10-C"T113
AOPC 312-05
--)\ ./ - ',1c) kVA
„ i \
., . Notice of Judgment/Transcript
' COMMONWEALTH
C 0 u NTY OF C Li M O
B ERFLPENNSYLVANIA
as,
Residential Lease
• ,,,„,-,, :.;,,,,,.
Mag. Dist.No: MDJ-09-3-04 Leiby's M.H.C.
MDJ Name: Honorable Paula P. Correal
V.
Address: 5275 East Trindle Road Lisa Haag, Shawn Patrick
(\...,i Suite 110
D Mechanicsburg, PA 17050 '
-N.
>cz, Telephone: 717-697-2201
Lisa Haag Docket No: MJ-09304-LT-0000076-2013
404 Venice Avenue Case Filed: 5/16/2013
Carlisle, PA 17015
. .
•
=Ms
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09304-LT-0000076-2013 Leiby's M.H.C. Lisa Haag Judgment for Plaintiff 05/28/2013
MJ-09304-LT-0000076-2013 Leiby's M.H.C. Shawn Patrick Judgment for Plaintiff 05/28/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Leiby's M.H.C. $0.00 $0.00 $0.00
Lisa Haag $4,033.74 $0.00 $4,033.74
Shawn Patrick $4,033.74 $0.00 $4,033.74
Judgment Detail (*Post Judgment)
In the matter of Leiby's M.H.C.vs. Lisa Haag; Shawn Patrick on 5/28/2013 the judgment was awarded as follows:
The amount of rent per month,as established by the Magisterial District Judge,is$347.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Rent in Arrears $3,870.07 $0.00 $3,870.07
Filing Fees $114.00 $0.00 $114.00
Costs $10.00 $0.00 $10.00
Server Fees $39.67 $0.00 $39.67
Grand Total: $4,033.74
Portion of judgment for physical damages arising out of residential lease: $0.00
•
•
MDJS 315A Page 1 of 3 . Printed:05/28/2013 2:30:53PM
• t
J t
Leiby's M.H.C. Docket No.: MJ-09304-LT-0000076-2013
v.
Lisa Haag, Shawn Patrick •
•
IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO'APPEAL FROM A JUDGMENT FOR POSSESSION
i i WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT‘BY-FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF •
fos ,• --.COURT•.OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE •
• `-a ACTIONS.INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY.
IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH T THE PROTHONOTARY/CLERK OF COURTS THE LESSER
OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATETHE APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR
SECTION.8 TENANTS SHOULD REFER TO Pa.R.C.P.M.b.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 PAR-P'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. it ,_y
gyi f.-e- a - ref f'n.f,�o ,
f : T :)
•
Date Senior Magisterial District Judge Paula P.Correal
I certify that this is a true and correct copy of the record of the proceedings contain g the judgment.
•
• Date • Magiaer{al District Judge
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
MDJS 315A Page 2 of 3 Printed:05/28/2013 2:30:53PM
Leiby's M.H.C. Docket No.: MJ-09304-LT-0000076-2013
v.
Lisa Haag, Shawn Patrick
Participant List
Plaintiff(s)
Leiby's M.H.C.
7075 Carlisle Pike
Carlisle,PA 17015
Defendant(s)
Lisa Haag
404 Venice Avenue
Carlisle, PA 1701
Shawn Patrick
404 Venice Avenue
Carlisle, PA 17015
Authorized Agent-Plaintiff(s)
Beth Graves
c/o Leiby's M.H.C.
7075 Carlisle Pike
Carlisle,PA 17015
4
MDJS 315A Page 3 of 3 Printed:05/28/2013 2:30:53PM
LY
sa5- 07'15
IN THE COURT OF COMMON PLEAS Of COUNTY, PEN/
lJ� `t. M
•
•
Plaintiff •
vs. No. ' 3 3a1-6 3
L\
/emsoc 'c-e
Defendant •
GI 7o 7 `Y
,2013 Suo -7 �8 '1
: o
Curr,be/Ca/?d
` firs y Lv8ni'ci
PETITION TO PROCEED IN FORMA PAUPERIS
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of respectfully represents:
1. I am the flc W k in the above matter and because of my financial condition 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 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: LlSC& CU-A- k"•9
Address: t404 '(e rl t Le
cry t„ (7 1-1O}5
Soc. Sec. No.: k _ cp- ` (08j- -
(b)Employment--If you are presently employed, state
Employer: Pft 5h&r #63igoitef AC SA S' C-L As U)C
Address: r2_0b Q \ree.+ 1A
Salary or wages per month: 9 Zek(V 4()E4.L�-t ""... '1� 144,1`144461162. iv s
Type of work: Loa/e1 C 0 LA
--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: N [ A
Other self-employment: IN/ I ps
Interest: 14 I A
Dividends: ts( I Pc
Pension and annuities: Ff 110
Social security benefits: h 1 A
Support payments: (tt \J
Disability payments: N 1 A
Workman's compensation: N j ps
Public assistance: .b •(�U
Other: W)OC MO"PC
(d)Other contributions to household support
Spouse's Name: r( \
If your spouse is employed, state
Employer:
Salary or wages per month:
The of work:
Contributions from child(ren):
Contributions from parents:
Other contributions:
(e)Property owned
Cash: V2 0 IVC4 S
• Checking account:
Savings account:CQ . 00
Certificates of deposit: NI ,ft
Real estate(including home):
Motor vehicle: Make: ; Year:
Cost: ; Amount owed:
Stocks; bonds:
Other:
(f)Debts and obligations
Mortgage: iJ)A
Rent: ''12,1 1 04 2 e-'r '
Loans: N\i\
Other:
Electric 41 S 0
Water S
Telephone
Cable / I nAfirrul = S4
Credit cards N I
Auto Insurance C-\LAQ
Gasoline 100 Qom. r ov
Food TD oa
(g)Persons dependent upon you for support
Spouse's Name: N f
Child(ren), if any:
Name(s) and age(s): { AA PQ, \ tk__ 6 Year
Other persons: Name: Shc.
Relationship: thJ-c D-( C4 , 0 d
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 unworn
falsification to authorities.
Date pet ion
Pl ,C*
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS PLAINTIFF: NAME and ADDRESS
County Of / PLC ( 61 IS A N C
L caxltlk., eA 1--1 O' '� —1
VS.
DEFENDANT: NAME and ADDRESS
L von cam.
! Common Pleas Docket No. J-3 - 3a `:6 3 cv
TENANT'S SUPERSEDEAS AFFIDAVIT(NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
1, \___fSCk S ki,..0---5 ulk\)Q5\ A liol F) (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
appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I tie/have not (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 to aut orities.
I 0 e
l� IA 41 ' r�rl , fi
Da a �:l 'kr A 'U R- OFT' NA — �o
4 `‘) cL
t. v 1
o
tb
m
• ) S
o
AOPC 312-08(B)
r
IN THE COURT OF COMMON PLEAS OF. :OUNTY, PENNSYLVANIA
CIVIL ACTION--LAW
Plaintiff
V. No.
�A
Defendant
ORDER
AND NOW, this yo & day o94� 20tL,upon consideration of the Petition of
Plaintiff to Proceed In Forma Pauperis, it is hereby ORDERED and DECREED that theta ��
may file the Q4�.c�_in forma pauperis and proceed to the
termination of proceedings without payment of filing fees or costs.
By the Prothonotary:
r� -ctrl
Zolia�! 3
r
2013 p
�'"13EIkAND COUNTY
PENNs YLVANIA
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 C'jLMW ;ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
a copy of the Notice of Appeal, Common Pleas No.ti upon the Magisterial District Judge designated therein on
(date of service),ti v—, 20 ; ❑ by personal service by(certified)(registered)mail,
4n.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 i Si t r of affi t
'My
Postal Postal
CERTIFIED MAIL. RECEIPT CERTIFIED MAILT. RECEIPT
(Domestic Mail Only,No Insurance Coverag-
(Domestic Only,
Q r'u
ru ;0
ao ,tttfC J?_; PA t il
w
Q" Postage $ 46 l.li
p— Postage $
Ul
Certified F ea _ +-I i_° Certified Fee '•i i 1
Q
Q Postmark Postmark
Q Return Receipt Fee 2 Here Q Return Receipt Fee e�
O (Endorsement Required) Q (Endorsement Required) Here
C3 a Q Restricted Delivery Fee
Restricted Delivery Fee y j Endorsement Required) x 14=I Sil
(Endorsement Required) 1,i f}'' C3 (
`-� ).`:.zt � Total Postage&Fees � �t.i=. i6: `:`20 7
Total Postage&Fees $ y.,•%' fYl
M Se it Tyq
{te(�J{{ j{�)
°-j- --- -� °_- -------------------------- Street,Apt.No.�,�--"'"^�� ,pp.er�//;; °.. ( °°
rl
Street,Apt.No.; N or PO Box No_'`�a-11�j L3'��A Tr I nC.N ..
� --PO Box N-- �0��- �r tit � a +4
�} -?::n G r� z -----
cfy"r"�gte:"-P+"
PS Form( :�� �,. :rr r.. See Reverse for Instructions
Leiby's Mobile Home Community LL C
7075 Carlisle Pike,Carlisle PA 17015
Phone: (717) 697-1321 Fax: (717)790-0690
COMPLAINT
Leiby's MHC Plaintiff
Haag, Lisa Defendant
Appeal: 13-3263 civil
RE: Cumberland County Court of Common Pleas Docket MJ-09304-LT-0000076-2013
This complaint is being entered in response to an Appeal filed by Lisa Haag on June 7,2013.
We believe that the Landlord/Tenant Complaint rendered on 5/28/13 by District Justice Paula Correal
MDJ-9-3-04, in which Leiby's MHC received judgment for the outstanding Lot Rent due to us of
$4,033.74,was a fair and deserved judgment.
At this point in time the unpaid lot rent has accrued to $4524.36.Only one payment of$232.00
has been received by Leiby's since January 2013
Thank you for your consideration of this matter.
Sincerely,
61A,A a'4,#-1450 rn 0.1
Beth Graves -<q N
Property Manager -r3 per'
pc-)
Leiby's MHC, LLC
:.„)
Cc: Resident file
LEIBY'S M.H.C., LLC IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. No. 13-3263
LISA HAAG and SHAWN PATRICK
Defendants.
TIM
c-a _.a _
PRAECIPE FOR ENTRY OF APPEARANCE �� c_,n
Please enter the appearance of Barbara A. Darkes, Jerome P. DeSanto, and McNees
Wallace &Nurick LLC on behalf of Plaintiff, Leiby's M.H.C., LLC in the above-captioned
matter.
McNEES WALLACE &NURICK LLC
B
rbara A. Darkes
LD. No. 77419
Jerome P. DeSanto
I.D.No. 314637
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff, Leiby's M.H.C., LLC
Dated: September 19, 2013
i
b
CERTIFICATE OF SERVICE
AND NOW, on this 19th day of September, 2013, I hereby certify that I have served a
true and correct copy of the within document, via first class mail postage paid as follows:
Lisa Haag
404 Venice Avenue
Carlisle, PA 17015
Shawn Patrick
404 Venice Avenue
Carlisle, PA 17015
Jerome P. DeSanto
LEIBY'S M.H.C., LLC, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : No. 13-3263
LISA HAAG and SHAWN PATRICK, : M
2p:) -.a
Defendants. : ,--
<LD
--
PRAECIPE TO TERMINATE SUPERSEDEAS
Cn
PURSUANT TO Pa. R. C. P. M. D. J. 1008
TO THE PROTHONOTARY:
Please terminate the Supersedeas in the above-referenced matter. As an indigent tenant
under Pa.R.C.P.M.D.J. No. 1008(C)(3), Appellant/Defendant Lisa Haag was required to pay into
Court:
(a) a sum of money equal to one third (1/3) of her monthly rent at the time
of filing her appeal;
(b) an additional sum of two thirds (2/3) her monthly rent within 20 days
of filing her appeal; and
(c) additional deposits of one month's rent, in full, each 30 days after filing
her appeal.
Other than depositing $103.50 with the Court in July 2013, Appellant/Defendant Haag
has not made the required payments. Leiby's MHC, LLC therefore requests that the Supersedeas
be terminated.
Respectfully Submitted,
McNEES W LLACE & RICK, LLC
By
arbara A. Darkes
I.D. No. 77419
Jerome P. DeSanto
I.D. No. 314637
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff, Leiby's Mobile Home
Dated: September 19, 2013 Community, LLC
2
a:
TERMINA'TI®N OF SUPERSEDEAS
Upon confirmation of Appellant/Defendant Lisa Haag's failure to deposit the required
payments under Pa. R. C. P. M. D. J. No. 1008(C)(3), the Supersedeas is terminated.
Prothonotary
B
Deputy
Date: , 2013
CERTIFICATE OF SERVICE
AND NOW, on this 19"' day of September, 2013, I hereby certify that I have served a
true and correct copy of the within document, via first class mail postage paid as follows:
Lisa Haag
404 Venice Avenue
Carlisle, PA 17015
Shawn Patrick
404 Venice Avenue
Carlisle, PA 17015
erome P. DeSanto
I