HomeMy WebLinkAbout13-5095 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No./ -,509,5—
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NOTICE OF APPEAL epf
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 OF APPELLANT MAG.DIST.NO. NAME OF MDJ
Ce
ADDRESS OF APPELLANT CITY STATE ZIP CODE
eat
DATE ,
DATE OF JUDGMENT IN THE CASE OF(Plain a nn (Defendant).
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DO KET Ar SK MATURE OF APPELLANT OR ATTORNEY OR AGENT
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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. 10088.
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
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. 7�
PRAECIPE: To Prothonotary•
Enter rule upon appellee(s),to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. !3— £} l Cj�t )within twenty(20)days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
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 frie-a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service Of this ruie'if / (�vffPx OM4 the date of the mailing.
Date:� 20/2)
rkIt tLl3 ON v I���1iN��.,i
Signature of Prothonotary or Deputy
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YOU MUST INCLUDE A copYbIO-T)WWOM iWbu bMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
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AOPC 312-05 /Fa
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND - Residential Lease
Mag. Dist. No: MDJ-09-3-05 William T Walker, Nancy A Walker
MDJ Name: Honorable Mark Martin V.
Address: 507 North York Street Ester Brehm, Herbie Brehm
Mechanicsburg, PA 17055
Telephone: 717-766-4575
Jaime M. Haley, Esq. Docket No: MJ-09305-LT-0000104-2013
401 East Louther Street Case Filed: 7/8/2013
Suite#103
Carlisle, PA 17013
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-09305-LT-0000104-2013 William T Walker Ester Brehm Judgment for Plaintiff 08/08/2013
MJ-09305-LT-0000104-2013 William T Walker Herbie Brehm Judgment for Plaintiff 08/08/2013
MJ-09305-LT-0000104-2013 Nancy A Walker Ester Brehm Judgment for Plaintiff 08/08/2013
MJ-09305-LT-0000104-2013 Nancy A Walker Herbie Brehm Judgment for Plaintiff 08/08/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Ester Brehm $3,929.93 $0.00 $3,929.93
Herbie Brehm $3,929.93 $0.00 $3,929.93
Nancy A Walker $0.00 $0.00 $0.00
William T Walker $0.00 $0.00 $0.00
Judgment Detail (*Post Judgment)
In the matter of William T Walker; Nancy A Walker vs. Ester Brehm; Herbie Brehm on 8/08/2013 the judgment was awarded as
follows:
The amount of rent per month,as established by the Magisterial District Judge,is$750.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $131.63 $0.00 $131.63
Physical Damages to Property $3,798.30 $0.00 $3,798.30
Grand Total: $3,929.93
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed:08/08/2013 1:51:28PM
William T Walker, Nancy A Walker Docket No.: MJ-09305-LT-0000104-2013
V.
Ester Brehm, Herbie Brehm
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. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE
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 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 JUDGMENTITRANSCRIPT 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.
Date Magisterial District Judge Mark Martin
certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315A Page 2 of 3 Printed:08/08/2013 1:51:28PM
William T Walker, Nancy A Walker Docket No.: MJ-09305-LT-0000104-2013
V.
Ester Brehm, Herbie Brehm
Participant List
Private(s)
Jaime M. Haley, Esq.
401 East Louther Street
Suite#103
Carlisle, PA 17013
Plaintiff(s)
Nancy A Walker
170 Brindle Road
Mechanicsburg, PA 17055
William T Walker
170 Brindle Rd
Mechanicsburg, PA 17055
Defendant(s)
Ester Brehm
234A W. Locust St.
Mechanicsburg, PA 17055
Herbie Brehm
234A W. Locust St.
Mechanicsburg, PA 17055
MDJS 315A Page 3 of 3 Printed:08/08/2013 1:51:28PM
APPENDIX B
IN THE COUR_T/ OF COMMON PLEAS OF
_� �P./Gc��IO' COUNTY, PENNSYLVANIA
NO. 'l3
Plaintiff
vs.
soh e
Defendant
PETITION TO PROCEED IN FORMA PAUPERIS and 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 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 in the attached Affidavit
relating to my ability to pay the fees and costs is true and
correc.
WHEREFORE, I request that the Court permit me to proceed in
the referenced case in forma Pauveris.
Defendant
print or type your name
address Aar 1%'i 5i - /V(f w C p 0,1, 7O 7a
telephone number
�N T E C URT OF COMMON PLEAS OF
aCOUNTY, PENNSYLVANIA
Case Number 13 —
Plaintiff PAM
V.
Defendant .
AFFIDAVIT IN SUPPOOT 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 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: E-A -j `YV) �i
Address:
Social Security Number:
(b) If you are presently employed , state
Employer:
Address: f 7 �
Salary or wages per month: -I ,Vo0 m
Type of work:
If you are presently unemploye.d., 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:
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) : ,
Motor vehicle: Make 1 , D Year
Cost Amount owed
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage: _— -Q
Rent:
Loans: O yl
Monthly Expenses:
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name:_ p_ Age:
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:
WILLIAM T. WALKER and NANCY A. Elk
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
ESTHER BREHM and HERBIE OF THE NINTH JUDICIAL DISTRICT
Defendants 2013-5095 CIVIL TERM
IN RE: PETITION TO PROCEED IN FORMA PALIPERIS
ORDER OF COURT
AND NOW, thiOV da'y of September 2013, upon consideration of the Petition
to Proceed In Forma Pauperis and Affidavit, the Petition is GRANTED and Esther
Brehm is permitted to proceed in forma pauperis in the above-captioned case.
�Esther Brehm
Herbie Brehm
'.'�Wwilliarn T. Walker
t,4ancy A. Walker
�Honorable Mark Martin
�20'z 1 iz LL
-
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
P3-470 95
❑ a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on
(date of service) 201 7r by personal service ❑ by(certified)(registered)mail,
�3�0 95 �j
sender's receipt attached hereto, and upon the appellee, (name) , on ��G� t` f},ltyot� '�Ii
20 ❑by personal service❑ by certifie (registered)mail,
sender's receipt attached hereto.
(SWORN AFFIRMED)AN SUBSC,�2IBED BEFORE ME
THIS�DAY OF�_
- I
Sig at icial bef o ffidavit was made Signature of affiant
Title of official
My commission expires on 20
Prothoixom CumbeAend Crfis ,,V1
My CmmlWm E4*n tlw�of Jm.2014
AOPC 312A-05
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MECHANICSBURG, Pennsylvania � `" ag
170559998
4134870055 -0097 yq-
09/12/2013 (800)275-8777 10:38:45 AM
Product Sales Receipt
Description Sale Unit Final ;w o
p Oty Price Price
_ 81 q u
MECHANICSBURG PA 17055 Zone-0 $0.qB
First-Class Mail Letter u
0.40 oz. i
Scheduled Delivery Day: Fri 09/13/13 ?�` t' _ •
®Q Certified ;� r
Label #: 70111570000146519981 3.10 0
Issue PVT:
$3.56
Total : i
$3.56
Paid by:
Debit Card $3.56
Approval #:
Account #: XXXXXXXXXXXX9612
001780
Transaction #: 114
23 903110112
Receipt#: 001199
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