HomeMy WebLinkAbout14-0314 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT 1
COMMON PLEAS No. I y—3 t I
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 OF APPELLANT MAG.DIST.NO. NAME OF MDJ
`i-"ina I�it'ess I )9- 3- 05 Mar M a,r-H n
ADDRESS OF APPELLANT CITY STATE ZIP CODE
I U ef• LOGW .St 14 r-1009- M2 i S 1-10
DATE OF JUDGMENT arch a en an
01 o 'Q0 ,30n l R —Vrz l�,�ess
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
M-3-og 305-L7 -0o0618 3 - D 13 jta& Y-��
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.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 thejudgment for possession in this case. within twenty
(20)days afterfiling the NOTICE of APPEAL.
-
91gnature orPtothonotary or Depu
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY v✓hen,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 ��son �� � ��-(, appellee(s),to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. l / -31 &,y 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 tScs>� � Re)t)e_cC,-A &f9m,appellee(s)
Name of appe ee(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 ce!nplaint'within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service Of this rule if service was by mail is the date of the mailin
Date: 20!
ti Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF!J166 ENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
The appellee arid the magisterial district judge in whose office the'udgmn��a ;re(rtlered must be served with a copy of this Notice
pursuant to Pa.R.C.P.M.D.J. 1005(A). ;�� . i
AOPC 312-05 (`�
COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript
COUNTY OF CUMBERLAND Residential Lease
Nr•
Mag. Dist. No: MDJ-09-3-05 Jason Bergey, Rebecca L Bergey
MDJ Name: Honorable Mark Martin V.
Address: 507 North York Street Tina R Kress
Mechanicsburg, PA 17055
Telephone: 717-766-4575
Tina R Kress Docket No: MJ-09305-LT-0000183-2013
100 E Locust Street Case Filed: 12/26/2013
1 st Floor
Mechanicsburg, PA 17055
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Disposition Summary (cc-Cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09305-LT-0000183-2013 Jason Bergey Tina R Kress Judgment for Plaintiff 01/07/2014
MJ-09305-LT-0000183-2013 Rebecca L Bergey Tina R Kress Judgment for Plaintiff 01/07/2014
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Jason Bergey $0.00 $0.00 $0.00
Rebecca L Bergey $0.00 $0.00 $0.00
Tina R Kress $1,967.16 $0.00 $1,967.16
Judgment Finding ("`Post Judgment)
In the matter of Jason Bergey; Rebecca L Bergey vs. Tina R Kress on MJ-09305-LT-0000183-2013, on 1/07/2014 the judgment was
awarded as follows:
The amount of rent per month,as established by the Magisterial District Judge, is$475.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $140.63 $0.00 $140.63
Rent in Arrears $1,826.53 $0.00 $1,826.53
Grand Total: $1,967.16
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed:01/07/2014 3:47:28PM
Jason Bergey, Rebecca L Bergey Docket No.: MJ-09305-LT-0000183-2013
V.
Tina R Kress
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:01/07/2014 3:47:28PM
Jason Bergey, Rebecca L Bergey Docket No.: MJ-09305-LT-0000183-2013
V.
Tina R Kress
Participant List
Plaintiff(s)
Jason Bergey
79 Green Ridge Rd
Mechanicsburg, PA 17050
Rebecca L Bergey
79 Green Ridge Rd
Mechanicsburg, PA 17050
Defendant(s)
Tina R Kress
100 E Locust Street
1 st Floor
Mechanicsburg, PA 17055
MDJS 315A Page 3 of 3 Printed:01/07/2014 3:47:28PM
IN THE COURT OF COMMON PLEAS Of , COUNTY, PENNSYLVANIA
Jcsan RebgCca
vs. No.
Defendant cf
PETITTON 10 PROCEED IN FORMA PAUPERIS
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of e SS respectfully represents:
1. I am the j!0 4(11 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
trite and correct:
(a)Name: T nd Ilr-ess
Address: too E. l de.t-.s+- S{ Is}- Irl McChan_%CSbu,r3 PR \710-SS
Soc. Sec.No.: W 0- 5b- `T I cl k4
(b)Employment--If you are presently employed, state
Employer: (\We C)r,ie,
Address: y24a Carlisle Pi v,e , Camp v- \I► PA 1'1011
Salary or wages per month: it ( 5LJq . °o
Type of work: T} rl nl _ ProCk%.L i on
--If you are presently unemployed, state
Date oflast employment:
Salary or wages per month:
Type of work:
(c) Other income within the Bast twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments:
Disability payments:
Workman's compensation:
Public assistance:
Other:
(d)Other contributions to household sunuort
Spouse's Name:
If your spouse is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from child(ren):
Contributions from parents:
Other contributions:
(e)Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate(including home):
Motor vehicle: Make: Ch�s 1-,R�b" 5;'Y'ear: I qq S
Cost: — ; Amount owed:
Stocks; bonds:
Other:
(f)Debts and obligations
Mortgage:
Rent: '750 ='
Loans:
Other:
Electric
Water b
Telephone - 60 'o
Cable — O—
Credit cards - 30.00
Auto Insurance -5b•°=
Gasoline -
Food
(g)Persons de ep ndent upon you for support
Spouse's Name:
Child(ren), if any: a
Name(s)and age(s):
Ora 1 fah QD,k rna�hto- 11
S%9n-c-\ Iq
Other persons: Name: J3r a,n\-e l,, CjrU);�e
Relationship: T-1
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.
S. 1 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 unswom
falsification to authorities.
115/ )q
Date Petitioner
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS PLAINTIFF: NAME and ADDRESS
�3as6r, � Rebecca �r-�.y �
County Of 9 Gftzr,
t 1kCi\ar\i CS" PA 1"705o
L— J
vs.
DEFENDANT: NAME and ADDRESS
k rna Kress
100 Z. LOCW4 Sf
16F P1000
Lmechar;tcsb\Arg PA ►-loses
Common Pleas Docket No.
TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
MkCha ��sbLLcz�
I, Lna Y %ress l00 E LOC us, - S4 )s!- q �A ►7055 (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 ka&wVhave 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 authorities.
1/1 I 8Aro,1��1 �
Date SIGNATURE OF TENANT
C, 3
AOPC 312-08(B) t
i
IN THE COURT OF COMMON PLEAS OF. COUNTY,PENNSYLVANIA
(�
CIVIL ACTION--LAW
` 0..50n Rebeee�
Plaintiff
v. No. - t/ `lta%
�i ►- )< esS
Defendant :
ORDER
1-f
AND f OW, this ,t/ day of\hcAAft 20$ , upon consideration of the Petition of
(r
GGt� e
Ito Proceed In Forma Pauperis, it is hereby ORDERED and DECREED that the
, may proceed to the
termination of proceedings without payment of filing fees or costs.
fir.,:
//..12.py r-st re.)
-
ep
,`'
•
IN THE COURT OF COMMON PLEAS Of COUNTY,PENNSYLVANIA
Rebecca
•
&ry' laintitl _
vs. No / 3 it( C). I
end )Gress tf }r
Defendant c ~�
PETITION TO PROCEED IN FORMA PAUPER'S
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of \■kf k Ii)e SS respectfully represents:
1. I am the deQr6C-1t 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: Ti rid Rr-ess
Address: €coo E. Locus4- s& I sl- cI MeC\-‘arn■c6bur3 Pp► \-10SS
Soc. Sec.No.: t to 0- 5B_ `T 19 4
(b)Employment-4f you are presently employed, state
Employer: 1 c\Q bra,
Address: 424a Carlisle Pi V,e C amp 'r\ PA
Salary or wages per month: ft 15L 54-1 . 'o
Type of work: `?rink, cro coin-+-i oV•
--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:
Workman's compensation:
Public assistance:
Other:
(d)Other contributions to household support
Spouse's Name:
If your spouse is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from child(ren):
Contributions from parents:
Other contributions:
(e)Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate(including home):
Motor vehicle: Make: ChS)�12. <<n.1, Year: Iqc
Cost: -0- ; Amount owed: -
Stocks; bonds:
Other:
(f)Debts and obligations
Mortgage:
Rent: '750 =
Loans:
Other:
Electric - ls0.90
Water - a-
Telephone - 50•°=
Cable - 0-
Credit cards 30
Auto Insurance -33.9.2?
Gasoline - 50 a �eeK
Food
(g)Persons dependent upon you for support
Spouse's Name:
Child(ren), if any: a
Name(s) and age(s):
Gal t ah d%r'ya+J- 11
SIec-c ('0 - ly
Other persons: Name: sira.,r,vt 6ru e.
Relationship:
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 Petitioner
FILED-Of 'ICI=
, F' THE PROTHONQI 3Aii`'
2014 JAN 24 PA W 12
CUM . iRI AND COUNTY
P .14NSYLVANIA
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
�---�/ 14 31y
E a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on
(date of service) Z 20 1 Vy personal service ❑ by(certified)(registered)mail,
Zas'JQ & 2et)eCcC3 134r
sender's receipt attached hereto, and upon the appellee, (name) , on Jt'j
jJ2 20 V4 ❑by personal service❑ by(certified registered)mail,
sender's receipt attached hereto.
(SWORN)(AFFIRMED)AND SUBS RIBED BEFORE ME
THIS `/'` DAY OFD , 20 /
a �-�C QA 1�.eza�
Sign tune of official beford whom affidavit was made Signature of affiant
Postal _
be plq 11`107�OA O+utX ru CERTIFIED MAILTr, RECEIPT
Title of official' (Domestic maii Only,-No Insurance covera
�� M1
ge Provided)
My commission expires on f _120 1k o
Postage $
.A
C3 Certified Fee J. 1=1 16
0 Return Receipt Fee Postmark
ft*wwkorY, Land ou*,CadisL.PA C3 (Endorsement Required) $2.55 Here
MY a Ju 2018 Restricted Delivery Fee
O (Endorsement Required) $I)•X711
M
•0 Total Postage&Fees $ $6.11 01/?2/2014
ru
M Sent Ti
rq s0 -4c*,_�1_4 Str eet,O Apt No.;orPOBoxNo. 1-----------------
� �i{----------
AOPC312A-05 :r�
n t u 61S6
February 4th, 2014 ~ THE PROT}~IONO F„t;
Mt'4 FEB -4 AM 10: 3 e
Prothonotary Court of commom Pleas CUMBERLAND COUNTY
PENNSYLVANIA
1 Courthouse Square Suite 100
Carlisle, PA 17013
Common Pleas No. 14-314 (civil term) Cornplahr
Plaintiffs: Jason & Rebecca Bergey wish to file a complaint to this appeal No. 13-
314.
Tina Kress owes $1,967.16 plus now February rent of$750. She was given her 30
day notice November 30, 2013 of non-renewel of lease. She has failed to move
out or pay any back rent. Other violations include destruction of property,
Unapproved tenants (not on lease) and noise violations.
Plaintiff: Defendant: Tina Kress
Jason W. Bergey 100 East Locust St.
Plaintiff: / w greK- Mechanicsburg, PA 17055
Rebecca L. Bergey
Court of Common Pleas Cumberland County, Pennsylvania
Jason & Rebecca Bergen
Plaintiff =r
-17 3 -- --
cz
rr: r f..,..;°'-r
co .0i
Vs. cn r`- N) ,."ri
>c- 1 c ?i
-
Tina Grube _ cj("t"':1.--
-
tf
--t cnl
Defendant Case No.l9-314 --A.,
Answer
Paragraph 1 is denied
We deny that $1967.16 is due.The correct amount is $1217.16. Due to the appeal
process, since the beginning of January, We have put January & February rent into an escrow
account. So therefore $1967.16 is incorrect because January Rent was included in that amount
and it is now sitting in escrow.
Paragraph 2 is admitted
We admit to non-renewal of lease
Paragraph 3 is admitted/denied
We admit to not vacating the premises
Reason for not vacating is because we disagree with the things being pended/said
against us. We chose to proceed with the appeal process, the reason we are still
on the premises. We deposited rent with the Prothonotary and we have followed
the " stay " procedure.
Paragraph 3 is admitted/denied
WWe e admit
deny to no destruction back rent
of being property paid
But we have on several occasions, before and after appeal process started, made
attempts to pay what was due and owed, the Bergey's did not respond back,
therefore all rent money owed/ due is sitting in escrow account until
verdict/agreement is reached.
Paragraph 4 is denied
Retains to only natural wear and tear of the apartment due to the failure of
landlord up keep. There is no destruction of property
Paragraph 5 is denied
We deny Unapproved Tenants
My husband has lived there for 2 years out of the 6 years I have resided in the
premises. Through 2 leases, the Bergey' s not only knew he was there but also
allowed him on occasions to do general labor on their behalf and sign all
documents given to us leading to eviction process.
Paragraph 6 is denied
We deny noise violations
Never once in 6 years have we ever been cited by police or given a written or
verbal warning from the Bergey's for noise violations.
There is no New Matter
Respectfully submitted,
Tina Grube
100 E Locust St
1st Floor
Mechanicsburg, Pa 17055
(717) 743-3112
VERIFICATION
Understanding that the making of any false statement would subject me to the penalties of 18
Pa. C.S. Sec. 4909 relating to unsworn falsifications to authorities, I verify that the facts set out
in the foregoing pleading are true and correct, to the best of my knowledge, information and
belief.
&l_.Yl
Dated: alai/ a-0N
Certificate of Service
I certify that I mailed a true and correct copy of this Answer to Plainfiff-Appellee, Jason &
Rebecca Bergey: 79 Green Ridge Rd, Mechanicsburg, PA 17050,
on the a i day of y ,b , 2014, by U.S. mail, first class, postage prepaid.
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