HomeMy WebLinkAbout14-34201-1
CV OMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT •.
COMMON PLEAS No. /17/ -314„20 Caw/
NOTICE OF APPEAL
Noticeis given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Ju e n the date and in the case referenced below.
/ 17 ss el/
NAME OF APP LA T
ADDRESS OF APPELLANT
/y.23 3 rdc 4 -
DATE 9F yENT
D KET
IN THE CASE OF (Piaintif/)
/f0A2 fl7"/A-
/loin
mi-0/03-LT- 0o0037-g2oN
P75.-
(Delon:10n°'
.fi°
SIGNATURE OF APPELLANT OR A ORNEY QRAG
770.i 5* ---
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10080.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
app
t was Cmant (see Pa. R.C.P.D.J. 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.O.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 /g740/7 A%/42 /?,ti Si e 1 /
Name of appellee(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. (.40 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
3.1
RULE; To /go/pe,/,/-417,(cth /2c.i sseli
/ Name of appellee(s)
, appellee(s)
Signature of appellant or 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 donot 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.
VINVAlASNN3d
Date: /17_ Ansill03 ONV12J2N113
eS 0114 9- Nnr
YOU MOST INCLUDE A COPY OF, THE, NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
thltiVII Qj j
vi,c1 b .UE
ture of Prothonc.ary or
AOPC 312-05
. COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-091-03
MDJ Name: Honorable Richard S. Dougherty
Address: 08South Eno|aDrive, Suite 1
Enola, PA 17025
Telephone: 717-728-2805
Rodney Russell
1423 3rd Street
Enola, PA 17025
~~
Notice of Judgment/Transcript
Residential Lease
Robert Ridgway
v.
Rodney Russell, Patricia Russell
Docket No: MJ -09103 -LT -0000037-2014
Case Filed: 5/2/2014
Disposition Details
Grant possession. No
Grant possession if money judgment is not satisfied by the time of eviction. Yes
Disposition Summary (cc- Cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ -09103 -LT -0000037-2014 Robert Ridgway Rodney Russell Judgment for Plaintiff 05/28/2014
MJ -09103 -LT -0000037-2014 Robert Ridgway Patricia Russet Judgment for Plaintiff 05/29/2014
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Patricia Russell $3.680.24 $0.00 $3.088.24
Robert Ridgway $0.08 m0.00 $0.00
Rodney Russell $3.688.2* $0.00 $3.088.24
~''-'
Judgment Finding (*pusJuuomem)
In the matter of Robert Ridgway vs. Rodney Russell; Patricia Russell on MJ'00103'LT'0000037-2014. on 5/29/2014 the judgment
was awarded as foltows:
The amount of rent per month, as established by the Magisterial District Judge, is $800.00
Judgment Component
Rent in Arrem
Filing Fees
Joint/Several Liability
$3,499.74
$188.50
Individual Liability
$0.00
$0.00
Deposit Applied
Amount
$3,499.74
Grand Total: $3,688.24
Robert Ridgway
v.
Rodney Russell, Patricia Russell
Docket No.: MJ -09103 -LT -0000037-2014
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 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 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.
MAY 29 2014
Date
Magisterial District Judge Richard S. Dougherty
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 2 of 3 Printed: 05/30/2014 9:53:09AM
Robert Ridgway
v.
Rodney Russell, Patricia Russell
Private(s)
Plaintiff(s)
Participant List
Paul Bradford Orr, Esq.
50 E High St
Carlisle, PA 17013-3036
Robert Ridgway
14 Creekside Drive
Enola, PA 17025
Defendant(s)
Patricia Russell
1423 3rd Street
Enola, PA 17025
Rodney Russell
1423 3rd Street
Enola, PA 17025
Docket No.: MJ -09103 -LT -0000037-2014
MDJS 315A Page 3 of 3 Printed: 05/30/2014 9:53:09AM
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of
Cci m eriond
PLAINTIFF: NAME and ADDRESS
DEFENDANT:
A1nv
vs.
NAME and ADDRESS
Iuc/a 415SC ft
Common Pleas Docket No.
TENANT'S SUPERSEDEAS AFFIDAVIT (NON -SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
4.4$.re// /x/23 3 �61 51- eno c, fa /700(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:!. 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 P,/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 authorities.
AOPC 312-08 (B)
vs.
IN THE COURT OF COMMON PLEAS OI COUNTY, PENNSYLVANIA
Plai tiff
ber& dV,OCty
Defendant
/&dney /turf ell
No. /V— 3L/ U
PETITION TO PROCEED IN FORMA PAUPER'S
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of respectfully represents:
1. I am the pe faleof 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: bpdfl, ey AU5fc I I
Address: / 402 3 31-01.5-4- ,) A l 7 0 67 r
Soc. Sec. No.: 0 S. C-1) 6! 3 y
(b) Employment—If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
C--.
CrN
,
cn
—If you are presently unemployed, state
Date of last employment: Vaoll
Salary or wages per month: /2L)�,
Type of work: (f
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits: 4/0 Y,d C
Support payments:
Disability payments: Y,?(-/, O
Workman's compensation:
Public assistance:5-fie be
Other:
(d) Other contributions to household svpport
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: N/i-
Savings account: Nl4
Certificates of deposit: N/4
Real estate (including home): N,�%
Motor vehicle: Make: AO -
Cost:
Cost: ; Amount owed:
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage: /O
Rent: $ 06, OD
Loans: Q
Other:
Electric l () 0
Water — : 0
Telephone 6
Cable jf
Credit cards --
Auto Insurance - b
Gasoline 6
Food 0-06
(g) Persons 4ependent upon you for support
Spouse's Name: [a /r/,C{ I us'cC (7
Chitd(ren), if any: f
Name(s) and age(s): C 1,1 tioc If cqe
Other persons: Name:
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 unsworn
falsification to authorities.
D0//(7
dh /furl'//
etitione
r r
Pi- 3'126
SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION
****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY!
This document contains important information about your case. Failure to comply
with any instructions provided in these materials may cause you to be evicted
before your appeal or writ is heard.
1. FOR TENANTS — SUPERSEDEAS: If you are a tenant and you filed the notice
of appeal or praecipe for writ of certiorari, you must pay money into an escrow account
to remain in the property until your appeal or writ is decided. This is called a
"supersedeas." The supersedeas will suspend the magisterial district court judgment
and will prevent your eviction until your case is heard by a judge and a final decision is
made on the appeal or writ. IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO
ESCROW IN FULL AND ON TIME, YOU COULD BE EVICTED BEFORE YOUR
APPEAL OR WRIT IS HEARD.
Begin by looking at the income limits attached to these instructions.
If your income is below the income limits, complete a Tenant's Affidavit, pursuant to
Pa.R.C.P.M.D.J. No. 1008(C)(2) or 1013(C)(2). These affidavits are available on the
website of the Administrative Office of Pennsylvania Courts (www.aopc.org). Then
follow the instructions for low-income tenants below. There are several different options
available; pick the option (A, B, or C) that best describes your situation.
If your income is higher than the income limits attached to these instructions, follow the
instructions for D.
17
A. If you are a low-income tenant and there was a money judgment entered against you
for non-payment of rent, and you HAVE NOT paid rent for the month in which the notice
of appeal or praecipe for writ of certiorari is filed, you must:
1. File an in forma pauperis petition (a petition for low-income parties) pursuant to
PaR.C.P. No. 240;
2. Pay one-third of your monthly rent into an escrow account with the prothonotary's
office at the time the notice of appeal or praecipe for writ of certiorari ("praecipe") is
filed;
3. Pay the remaining two-thirds (2/3) of your monthly rent into the escrow account within
twenty (20) days of the date the notice of appeal or praecipe was filed; and
4. Pay your monthly rent on an ongoing basis into the escrow account in thirty (30) day
intervals from the date the notice of appeal or praecipe was filed until the time of your
trial.
you are a low-income tenant, and there was a money judgment against you for
non-payment of rent, and you HAVE paid rent for the month in which the notice of
appeal or praecipe for writ of certiorari ("praecipe") is filed, you do not have to pay rent
at the time you file your notice of appeal or praecipe. You must:
1. File an in forma pauperis petition (a petition for low-income parties), pursuant to
Pa.R.C.P. No. 240;
2. Pay your monthly rent on an ongoing basis into an escrow account with the
prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe
was filed until the time of trial. It is important to count the thirty (30) days exactly
18
because the date of your payment will change depending on the number of days in a
given month.
C. If you are a low-income tenant, and no money judgment was entered against you for
non-payment of rent, you do not have to pay rent at the time you file your notice of
appeal or praecipe for writ of certiorari ("praecipe"). This option is to be used/fat the
magisterial district court hearing, the judge determined that you owed "zero" or "nothing"
in rent. You must:
1. File an in forma pauperis petition (a petition for low-income parties), pursuant to
Pa.R.C.P. No. 240;
2. Pay your monthly rent on an ongoing basis into an escrow account with the
prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe
was filed until the time of your trial. It is important to count the thirty (30) days exactly
because the date of your payment will change depending on the number of days in a
given month.
D. If your income is higher than the income limits on the attached chart, you must:
1. Pay the fee to file a notice of appeal or praecipe for writ of certiorari ("praecipe");
2. Pay the lesser of three (3) months' rent or the amount of rent awarded to the landlord
in magisterial district court into an escrow account with the prothonotary's office at the
time the notice of appeal or praecipe is filed; and
3. Pay your monthly rent into the escrow account in thirty (30) day intervals from the
date the notice of appeal or praecipe was filed until the time of trial. It is important to
count the thirty (30) days exactly because the date on your payment will change
depending on the number of days in a given month.
C.
19
•3t
INCOME LIMITS
2008 HHS Poverty Income Guidelines
Expressed in Monthly Amounts
Size of
Family Unit
Poverty Guideline
Monthly Amount
1
$866.66
2 1,166.66
3 I 1,466.66
4 I 1,766.66
5 I 2,066.66
6 I 2,366.66
7 I 2,666.66
8 2,966.66
For each additional
person, add
300.00
ROBERT RIDGWAY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
RODNEY RUSSELL,
DEFENDANT. : NO. 14-3420 CIVIL
ORDER OF COURT
AND NOW, this 11th day of June, 2014, upon consideration of Rodney Russell's
Petition to Proceed in Forma Pauperis,
IT IS HEREBY ORDERED AND DIRECTED that the Petition is GRANTED.
Rodney Russell may proceed in forma pauperis without payment of filing fees or costs.
By the Court,
Robert Ridgway e�,�� ?e4s 2LL gpu.
✓ Rodney Russell
CC o n�.6 l
f7
p11
J.
H-3'121)
PROOF OF SERVICE
We, Rodney and Patricia Russell state that we did mail a copy of the Notice of Appeal upon
the following individual(s) and in the manner indicated below, and proof of service is attached
below:
USPS First Class Mail, Certified Mail, Return Receipt Requested
Date:
m
C3
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N
C3
C3
, =••
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C3
Robert Ridgway
14 Creekside Drive
Enola, PA 17025
Ro
ney nd Patricia ussell
U.S. Postal Servicem
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.coma
OFFOCIAL 111..$E
\SLE
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
$6.6q
r•O
CD 7
—4 C)
CD -71
ROBERT RIDGWAY, : IN THE COURT OF COMMON PLEAS
Plaintiff/Appellee : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW ? Y-
RODNEY RUSSELL, 7J
Defendant/Appellant : NO. 14-3420 CIVIL TERMS rw `
-< 6
PRAECIPE TO TERMINATE SUPERSEDEAS
ygC-
I am respectfully requesting that the Prothonotary mark the above captioned
Appeal DISMISSED, with prejudice due to Appellant failing to post the amount of rent
entered as a judgment by District Justice Doughert on or bout 5/30/14 g
$3,499.74 per the Pennsylvania Landlord Tenan7 t.
Dated:
�lI rd Orr� ul Bradford Esquire
Attorney for Appellee
Supreme Court ID #71786
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
717-258-8558
OP
CW rZ11A--f #4-tLe
+ i�'«'l f jec4^t Jb4e, ` Lt
'Dated: June 20, 2014 Cumberland County Prothonotary ��