HomeMy WebLinkAbout14-4516ONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
dade(t,m01
Notice is given that the appellant has filed In the above
Judge on the date and In the case referenced below.
NAME of APPELLANT
A s§OF A�PET `3 MC 1-
DATE OF JUDGMENT IN THE CASE (MA'AM)
DO No.
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENTI
COMMON PLEAS NoJV 9576 £ / U/ C
NOTICE OF APPEAL
Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
NAME MW
00c-ora!ote_ t
ZIP CODE
This block wia be signed ONLY when thls notation is required u
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when receWed by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
before a Magisterial District
within
N
C.P.D.J. No. 9001(
e, A COMPLAINT MUST BE FILED
(20) days after flung the NOTICE of APPEAL.
twenty
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
Enter rule upon(A,L Line
C Name of appellee(s)
(Common Pleas No. y-- 11516 a1/ L ) within twenty (20) d
RULE: To
LF
ia1 L, ( LF
Mappetfeo(s)
appeilee(s), to file a complaint In this appeal
appellee(s)
judgment of non pros.
ignatuta of p pellant 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
3f this rule upon you by personal service or by certified or registered mall.
(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 mall is the date of the mailing.
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH
WPC 312-05
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Sfgoatwe of Prothonotary or
THIS NOTICE OF APPEAL
Refr" Pd, 1ct5h
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Jessica Cox March
103 Third St
Apt C
Boiling Springs, PA 17007
Disposition Summary (cc- Cross Complaint)
Docket No Plaintiff
MJ-09303-CV-0000102-2014cc Jessica Cox March
MJ -09303 -LT -0000043-2014 Gary L Wolf
Judgment Summary
Participant
Gary L Wolf
Jessica Cox March
Notice of Judgment/Transcript Civil
Case
Defendant
Gary L Wolf
Jessica Cox March
Joint/Several Liability
$0.00
$0.00
Individual Liability
$0.00
$967.40
Jessica Cox March
V.
Gary L Wolf
Docket No: MJ -09303 -LT -0000043-2014
Case Filed: 7/9/2014
Cross Complaint Docket No(s):
MJ -09303 -CV -0000102-2014
Disposition
Judgment for Defendant
Judgment for Plaintiff
Disposition Date
07/21/2014
07/21/2014
Amount
$0.00
$967.40
Judgment Finding (*PostJudgment)
In the matter of Gary L Wolf vs. Jessica Cox March on MJ -09303 -LT -0000043-2014, on 7/21/2014 the judgment was awarded as
follows:
The amount of rent per month, as established by the Magisterial District Judge, is $560.00
Judgment Component
Filing Fees
Server Fees
Rent in Arrears
Joint/Several Liability
$0.00
$0.00
$0.00
Individual Liability Deposit Applied Amount
$98.50 - $98.50
$28.90 $28.90
$840.00 $840.00
Grand Total:
Portion of judgment for physical damages arising out of residential lease:
$967.40
$0.00
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT/TRANSCRIPT FORM WITH YOUR 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.
Magisterial District Judge Susan K. Day
MDJS 315 Page 1 of 3
Printed: 07/21/2014 11:03:29AM
Jessica Cox March
v.
Gary L Wolf
Docket No.: MJ -09303 -CV -0000102-2014
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date-, . . Magisterial District Judge
MDJS 315
Page 2 of 3
Printed: 07/21/2014 11:03:29AM
Jessica Cox March
v.
Gary L Wolf
Plaintiff(s)
Jessica Cox March
103 Third St
Apt C
Boiling Springs, PA 17007
Defendant(s)
Gary , Wolf
35 Kutz Rd
Carlisle, PA 17015
rs
Participant List
Docket No.: MJ -09303 -CV -0000102-2014
MDJS 315
Page 3 of 3 Printed: 07/21/2014 11:03:29AM
IN THE COURT OF COMMON PLEAS OI COUNTY, PENNSYLVANIA
vs.
—365t CCA
rNi1Pc.
Plaintiff
Defendant
No /if z(s-4.
PETITION TO PROCEED IN FORMA. PAUPERIS
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of (LOn-VD' respectfully represents:
I. I am the )ev 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: -&=6LC-k
Address: 9) et -c ‘g49--
70)-4-
Soc. Sec. No.:
(6) Emplgyrnent—If you are presently employed, state
Employer: eaCk.1/4-f1/4
Address: I7cVes-4.-Crepir— 1/4\ef.:c\fice,,S-(-AArtS C-‘13` 1.7c6S
Salary or wages per month:
Type of work:
r-
4e.
—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: %t;-1
Disability payments:
Workman's compensation:
Public assistance:
Other:
(d) Qtlw contributions to household gu pp o t
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: -30_LQ 1a061'14-( ; Year: 9�
Cost: ( ; Amount owed: 4
5S
Stocks; bonds:
Other:
(0 Debts and obligations
Mortgage:
Rent: „b._ woc..
Loans: v
Other:
Electric a% -h
Water
Telephone D5-4 --“\L
Cable
Credit cards
Auto Insurance i 62,„ ' vv.v�,6
Gasoline 1 - 6- L
Foodajo-D50
ii
(g) Persons dependent upon you for support
Spouse's Name:
Child(ren), if any:
Name(s) and age(
fro CAN yule 5 \O
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. 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 unsworn
falsification to authorities.
gCh
Date Petitioner
GARY L. WOLF, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA COX MARCH,
DEFENDANT : 14-4516 CIVIL TERM
AND NOW, this
ORDER OF COURT
day of August, 2014, the Defendant's Request to
Proceed In Forma Pauperis is GRANTED.
Jessica Cox March -
P.O. Box 126
Boiling Springs, PA 17007
:sal
By the Court,
Albert H. Maslan
r rz2-14216(
rJ
"p
ED—OF f'si;E
THE PROTHO,NO iii'
2014 AUG 15 P11 f = 13
.CUMBERLAND COUNTY
PENNSYLVANIA
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.)
COMMONWEA rH OF PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
I4.-4 61 L0
❑ a copy of the Notice of Appeal, Common Pleas No(5) (? upon the Magisterial District Judge designated therein on
(date of service )i NJ 20 1( 7t.
by personal service ❑ by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) on
Cd) , 20 / / fy personal service
sender's receipt attached hereto.
(SWORN AFFIRMEQ�1 AND SUB RIBED BEFORE ME
THIS Y OF , 20 6
gnature of official before w
o affidavit was made
Title of 'fficial
My cornmissi.n expireg• on ,.20
Protiigotary„ t uriiberierid'County, Carlisle, PA -`
My Cmlimissipn ExpueS Os First MoM1ay of fart. 2018
AOPC 312A - 05
by (certified) (registered) mail,
F:\FILES\Clients\15786 Wolf 15786.1.pracipes.wpd
Hubert X. Gilroy, Esquire
I.D. No. 29943
Katie J. Maxwell, Esquire
I.D. No. 206018
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
i --
THE i O i I -i O N O
SEP 18 (i IB: 12
CUMBERLAND COUNTY
PENNSYLVANIA
GARY L. WOLF, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLABD COUNTY, PENNSYLVANIA
v. : NO. 14-4516 CIVIL TERM
JESSICA COX MARCH,
Defendant
PRAECIPE
To the Prothonotary:
As an indigent tenant under Pa.R.C.P.M.D.J. No. 1008(C)(3)(b)(iii), Defendant was required
to pay "additional deposits of one month's rent in fully each thirty days filing the notice of appeal",
and should have paid $560 into court on or before August 31, 2014. Defendant paid $30 on August
29, 2014, but no additional amounts have been paid since then.
Due to Defendant's failure to pay the monthly rent by August 31, 2014, Plaintiff requests that
the supersedeas be terminated under Pa.R.C.P.M.D.J. No. 1008(C)(7) and the attached Notice of
Termination be served on the parties.
MARTSON LAW OFFICES
By:
Date: i �/ i 1
/ 11
Hubert . G' roy, Esq ire
I.D. No. "•43
Katie J. Maxwell, Esquire
I.D. No. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
GARY L. WOLF, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 14-4516 CIVIL TERM
JESSICA COX MARCH,
Defendant
NOTICE OF TERMINATION
Due to Defendant's failure to pay the deposits required by Pa.R.C.P.M.D.J. No.
1008(C)(3)(b)(iii), the supersedeas is terminated pursuant to Pa.R.C.P.M.D.J. No. 1008(C)(7).
ithiN
Distribution:
Katie J. Maxwell, Esquire
Jessica J. March
103 Third Street Apt C
P.O. Box 126
Boiling Springs, PA 17007
By:
M:PLLefLC__
Prothonotary of Cumberland County
Hubert X. Gilroy, Esquire
Katie J. Maxwell, Esquire
LD. No. 29943 & 206018
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
GARY L. WOLF,
v.
.1 HE PROTHONOT,:.:C
2014 SEP 18 PM 2:55
CUMBERLAND COUi'JY
PENNSYLVANIA
Plaintiff
JESSICA COX MARCH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-4516 CIVIL TERM
: JURY TRIAL DEMANDED
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 Plaintiffs. 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Hubert X. Gilroy, Esquire
Katie J. Maxwell, Esquire
I.D. No. 29943 & 206018
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
GARY L. WOLF,
v.
Plaintiff
JESSICA COX MARCH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-4516 CIVIL TERM
COMPLAINT
AND NOW, comes Plaintiff by and through his attorneys, MARTSON LAW OFFICES,
and in support of his Complaint avers as follows:
1. Plaintiff is an adult individual residing at 35 Kutz Road, Carlisle, PA 17015
2. Defendant is an adult individual residing at 103 Third St, Apt C, Boiling Springs,
PA, 17007.
3. Defendant leases her apartment from Plaintiff, and the monthly rental amount is
$560.00.
4. Defendant has been habitually late in paying her rent and currently owes Plaintiff
$2,060.00 in unpaid rent and late fees.
WHEREFORE, Plaintiff respectfully requests this honorable court to grant judgment in
his favor in the amount of $2,060.00, interest, costs and any other relief deemed justified by the
Court.
MARTSON LAW OFFICES
By:
Date: Cipiciti
,66-1L?c,
Hubert X. Gilro Esquire
Katie J. Maxw , Esquire
I.D. Nos. 29943 & 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
VERIFICATION
Katie J. Maxwell, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, attorneys for Plaintiff in the within action, certifies that the statements made
in the foregoing Complaint are true and correct to the best of her knowledge, information and belief,
based upon information provided by Plaintiff She understands that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Katie J. ell, Esquire
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Jessica Cox March
103 Third Street Apt C
P.O. Box 126
Boiling Springs, PA 17007
MARTSON LAW OFFICES
By
Dated: 711,054
, _e>
M. Price
East High Street
Carlisle, PA 17013
(717) 243-3341