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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 �l1Nfo3 °Nbl338Wn0� 9Z:1 IQ IE1nf'mg h>'NIONoH108d.all . ,0 73IJA0 0311 24"...e./arr- Sfgoatwe of Prothonotary or THIS NOTICE OF APPEAL Refr" Pd, 1ct5h /8Ct Do 44/ 3cf2 V4, 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