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Home My WebLink About14-1414COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. // 11791/ IJ 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. E OF APPELLANT RESCFA,PPEL.wT MAG. DIST. Nal. cf-1—-O NiFITSCC F MDJ d regie STATE ZIP CODE ,fl DA 0 JUDG E. ET No. II THE CASE OF P OF APPELLANT 0R ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under R.C.P.D.J. No. 1005B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. coctarKor Deputy appellant was Claimant (.see Pa. R.C. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 P rotonotary • t Enter rule upon ...- • (Commor:Pleei'No. • 7 ;Ther Name of appellee(s) appellee(s), to file a complaint in this appeal within twenty (20) days af service of rule or suffer entry o udgment of non pros. RULE: To L./a... v appellee(s) Name of a,cipellee(s) Signe u e of appel r attorney or agent (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: 0/2011( V1NVAl.ASNN3d ,UNI100 aNyTnowno YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 20 :Ha 01 NVWfiltil Ii'fl0 fd HJ AOPC 312-05 /0.3 5-0/3i. .""dtleski 6.29 9d c- so.oV fid- AO 376/ ' a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ Name: Address: MDJ- 09 -2 -01 Honorable Paul M Fegley 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717 -218 -5250 Shannon Huffman 26 Marilyn Drive Carlisle, PA 17013 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No MJ- 09201 -LT- 0000029 -2014 MJ- 09201 -LT- 0000029 -2014 Judgment Summary Participant Matthew Huffman Shannon Huffman Umh Properties-Inc (cc- Cross Complaint) Plaintiff Umh Properties Inc Umh Properties Inc Defendant Shannon Huffman Matthew Huffman Joint/Several Liability, $629.90 $629.90 $0.00 Notice of Judgment/Transcript Residential Lease Umh Properties Inc v. Shannon Huffman, Matthew Huffman Individual Liability $0.00 $0.00 $0.00 Docket No: MJ- 09201 -LT- 0000029 - 2014 .. Case Filed: 2/12/2014 Yes No Disposition Judgment for Plaintiff Judgment for Plaintiff Disposition Date 02/26/2014 02/26/2014 Amount $629.90 $629.90 $0.00 Judgment Finding ( *PostJudgment) In the matter of Umh Properties Inc vs. Shannon Huffman; Matthew Huffman on MJ- 09201 -LT- 0000029 -2014, on 2/26/2014 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $450.00 Judgment Component Rent in Arrears Filing Fees Joint/Several Liability $490.00. $139.90 Individual Liability Deposit Applied Amount $0.00 $490.00 $0.00 $139.90 $62.9.90 $0.00 Grand Total: Portion of judgment for physical damages arising out of residential lease: MDJS 315A Page 1 of 3 Printed: 02/26/2014 3:08:19PM Umh Properties Inc v. Shannon Huffman, Matthew Huffman Docket No.: MJ- 09201 -LT- 0000029 -2014 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY. FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY /CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW - INCOME AND /OR SECTION 8.TENANT$ 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 MAYBE 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 7 Magisterial District Judge Paul M Fegley I 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 2of3 Printed: 02/26/2014 3:08:19PM Umh Properties Inc V. Shannon Huffman, Matthew Huffman Plaintiff(s) Umh Properties Inc 100 Oriole Drive Carlisle, PA 17013 Defendant(s) Docket No.: MJ-09201-LT-0000029-2014 Matthew Huffman 26 Marilyn Drive Carlisle PA 17013 Shannon Huffman 26 Marilyn Drive Carlisle, PA 17013 MDJS 315A Page 3 of 3 Printed: 02/26/2014 3:08:19PM nJ FICE. HAR 1 1:33 CUMBERL AND COUNT Y PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMMONWEALTH OF PENNSYLVANfA COUNTY OF (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appea! , Check applicable boxes) AFFIDAVIT: I hereby (swear) (affirm) that I served ; ss a copy of the Notice of Appeal, Common Pleas upon the ILI- q 14 (date of service)M2Y11, senders receipt attached hereto, and upo oby personal serviceX sender's receipt attached hereto, THIS (SWORN AFFIRMED) AN. SUBS BED BEFORE ME DAY *FA' • , 2 r r Magisterial District Judge designated therein on 0 by personal se t.) by (certified) (registered) mail, n the appellee, (name) OS , on by (certified) (registered) mail, Prothonotary, Cumberland CmellYL My Commission Expires the F Mom-, Jen.2018 U.S. Postal ServiceN CERTIF/ED MAIL.T. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery inforniation visit our webalte at www.usps.corhs Postage C:2 certified pee e3 Return Recel t F (Endorsement ReqPuireec; ■ CI Restricted DeliverY (Endorsement Rat/lib-Feed)- . r,_ rote, I Postage & Pees rr Sent 0 r.q r'- August 2006 Ignature Of want IA. Wenn EIDIAEJIDDium ircu3 so 1 Postage f C3 Return Receipt Fee Certified Fee 0 , 0 (Endorsement Required) C3 (Endorsement Delivery Fee ndorsement Required) ERTIFI a omestic al y; 'o nsurance overage rovi e For delivery information visit our website at www.usps.come '70ij 171-6 00 0 0E89 9 CI Total Postage & Fe .. _ ............... ......... ........ ^- or PO Box No. g Xtb:1 2 2 0 312 --------------------------------- -3 /../ PA. VI PS Form 3800, August 2006 See Reverse for instructions Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com Michael L. Solomon, PA I.D. #36031 msolomon@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff, UMH Properties, Inc. UMH PROPERTIES, INC. Plaintiff v. 20114 AT, 17 10: 36 CISABERLc-i.ND COUN FENNSYL.VANIA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA SHANNON HUFFMAN and MATTHEW : HUFFMAN, NO.: 14-1414 Defendants : CIVIL ACTION — LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 : Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swi I liams@cohensegl ias.com Michael L. Solomon, PA I.D. #36031 msolomon@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff, UMH Properties, Inc. UMH PROPERTIES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : v. SHANNON HUFFMAN and MATTHEW : HUFFMAN, Defendants NO.: 14-1414 : CIVIL ACTION — LAW COMPLAINT AND NOW, comes Plaintiff, UMH Properties, Inc. ("UMH"), by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., and files this Complaint, stating the following: 1. Plaintiff, UMH Properties, Inc. ("UMH"), is a Pennsylvania limited partnership whose business address is 100 Oriole Drive, Carlisle, PA 17013. 2. Defendants, Shannon Huffman and Matthew Huffman (the "Defendants"), are mother and son who reside at 26 Marilyn Drive, Carlisle, PA 17013 (the "Property"). 3. Plaintiff initiated this action by filing a Landlord and Tenant Complaint in the office of Magisterial District Judge Paul M. Fegley on February 12, 2014, docketed to MJ- 09201-LT-0000029-2014 (the "MDJ Action"). 4. On February 26, 2014, MDJ Fegley entered judgment in the MDJ Action in favor of UMH and against the Defendants for possession of the Property, rent in arrears and for the costs of the action, $629.90 (the "Judgment"). 5. On March 10, 2014, the Defendants appealed the Judgment to this Court. 6. Jurisdiction and venue are proper in this Court because the Property is located in Carlisle, Cumberland County. 7. UMH is the owner of a manufactured housing community known as Pine Ridge Village/Pine Manor (the "Community"). 8. The Property is a mobile home in the Community. 9. The Defendants took possession and have lived exclusively at the Property since at least 2007. 10. The Defendants, since taking possession and living in the Property, have continuously failed and refused to sign a Lease document provided to them by UMH. 11. The current rent payable by the Defendants is $450.00 per month. 12. On or about February 1, 2014, and for the seven (7) day grace period thereafter afforded to the Defendants, failed to pay rent owed by them. 13. On February 8, 2014, a $40 late fee was assessed against the Defendants, for a total due in February 2014 of $490.00. WHEREFORE, Plaintiff, UMH Properties, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, grant possession of the Property to Plaintiff, award it rents and other amounts due and payable to Plaintiff as established at trial, award it the costs of this action and grant such other relief as this Court deems just and appropriate. 2 Date: Respectfully submitted, By: Steve M. Williams, Esqu e Pa. ID No. 62051 Michael L. Solomon, Esquire Pa.ID No. 36031 Cohen Seglias Pallas Greenhall & Furman P.C. 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorney for Plaintiff, UMH Properties, Inc. VERIFICATION I have read the foregoing, and verify that the statements therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa, C.S. § 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I maybe subject to criminal penalties. UMH Properties, Inc. B 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing COMPLAINT was served ona /77 2014 by First Class, U.S. Mail, postage prepaid upon the following: Shannon Huffman Matthew Huffman 26 Marilyn Drive Carlisle, PA 17013 2616171.1 50759-0005 A 'son A. Zortman, Legassistant 5 Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com Michael L. Solomon, PA I.D. #36031 msolomon@cohenseglias.com 240 N. Third Street, 7" Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff, UMH Properties, Inc. UMH PROPERTIES, INC. Plaintiff v. FILED-OFFICE OF THE PROTHONOTARY 2014 APR 23 FM 25 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA • SHANNON HUFFMAN and MATTHEW : HUFFMAN, Defendants NO.: 14-1414 CIVIL ACTION — LAW PRAECIPE FOR TERMINATION OF SUPERSEDEAS To the Prothonotary: Please terminate the supersedeas in the within action for failure of the Defendants to pay monthly rental as required by Pa. R.C.P.D.J. No. 1008, their last payment being on March 10, 2014. 1 Respectfully s + ted, By: Date: ; ,,Steven M. Williams, Pa. ID No. 62051 swilliams@cohenseglias.com Michael L. Solomon, Pa.ID No. 36031 msolomon@cohenseglias.com Cohen Seglias Pallas Greenhall & Furman P.C. 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234 -5530 Attorneys for Plaintiff, UMH Properties, Inc. In accordance with Pa.R.C.P.M.D.J. No. 1008, the supersedeas in this case is hereby terminated. Date: Y1/43/24/ Prothonotary 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe was served this day via first class, U.S. Mail, postage prepaid upon the following: Shannon Huffman Matthew Huffman 26 Marilyn Drive Carlisle, PA 17013 Alison A. Zortman, Legallssistant 2628030.150759 -0005