HomeMy WebLinkAbout14-4772GO
ON
TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOT10E OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. Y77? C 2/12
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
Jtdgeq the date nd in the case referenced below.
TelyG IS C
NA
MAG. DIST. NO.
ADDRESS OF APPELLANT
DATE OF JUDGMENT
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DOCKET N.
IN THE CASS OF (Pie"
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Juilie
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This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
SI
STATE ZIP CODE
ht. Te.y44,
p NT OR ATTORNEY OR A
If appellant was Claimant (
before .a Magisterial District
within
R.C.P.D.
1001(6) in acticin
udge, A COMPLAINT MUST BE FILED
twenty
(20) days after filing the NOTICE of APPEAL.
P.RAECIl?E TO ENTER RULE TO ALE 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, detactl from co3y of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Llvq kcc,
Name clappellee(s)
(Common Pleas No. /q I/77 e,,,-6, within twenty (20) days a
appellee(s), to file a complaint in this appeal
of rule or suff r entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To CI V if\ -k lr. i S c_ -,,-- , appellee(s)
Name of appellee(s) r
- i
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) dayi after the date of service
,...
of this rule upon you by personal service or by certified or registered mail.
j
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY 13E ENTERcp AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: haa 20 ill
Signature of Prothonotary or Deputy
V1NVA1ASNN3d
YOU MUST INCLUDE A COPY qf ptivtoMPFREgfiaMENTTTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ,
(*.26 ti.00 R
:Pi' IQ 1 I 9nv inuZ eAe7
AOPC 312-05 9
),.1110N01 -1,108d ]Hi CAS t1 R
e#-,3 cypcx
AUG -11-2014 MON 03
46 PM . DJ 8ENDER 09-3-01
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag, Dist. No:
MDJ Name:
Address:
MDJ-09-3-01
Honorable H. Anthony Adams
35 West Orange Street
Shippensburg, PA 17257
Telephone: 717-532-7676
Latoya Isaac
29 N Penn St
Shippensburg, PA 17257
Disposition Details
Grant possession.
Grant possession if money judgment is not satisfied by the time of eviction,
Disposition Summary (cc- Cross Complaint)
Pocket No plaintiff
MJ -09301 -LT -0000123-2014 Calvin Roth
MJ -09301 -LT -0000123-2014 Calvin Roth
MJ -09301 -LT -0000123-2014
MJ -09301 -LT -0000123-2014
Judgment Summary
Lisa Roth
Lisa Roth
Defendant
Phillip Isaac
Latoya Isaac
Phillip Isaac
Latoya Isaac
FAX No. 71.75323308 P. 001
Notice of Judgment/Transcript
Residential Lease
Participant Joint/$$everkt Liability Individual Liability
Calvin Roth $0.00 $0.00
Latoya Isaac $4,979.22 $0.00
Lisa Roth $0,00 $0.00
Phillip Isaac $4,979.22 $0.00
Judgment Finding ("Post Judgment)
Calvin Roth, Lisa Roth
v.
Phillip Isaac, Latoya Isaac
Docket No: MJ -09301 -LT -0000123-2014
Case Filed: 7/18/2014
No
Yes
Disposition
Judgment for Plaintiff
Judgment for Plaintiff
Judgment for Plaintiff
Judgment for Plaintiff
pisoosition Date
07/31/2014
07/31/2014
07/31/2014
07/31/2014
Amount
$0.00
$4,979.22
$0.00
$4,979.22
In the matter of Calvin Roth; Lisa Roth vs. Phillip Isaac; Latoya Isaac on MJ -09301 -LT -0000123-2014, on 7/31/2014 the judgment
was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge. is $800.00
JudstmentComponent
Rant In Arrears
Unjust Detention
Costs
Joint/Several Liability
$4,255.00
$529,72
$194.50
individual Liability peposit Applied
$0.00
$0.00
$0,00
Grand Total;
Portion of judgment for physical damages arising out of residential lease:
Amount
$4,255.00
$529.72
$194.50
$4,979,22
$0.00
MDJS 315A Page 1 of 3 Printed 08/11/2014 3:56:28PM
AUG -11-2014 MON 03:47 PM DJ BENDER 09-3-01
Calvin Roth, Lisa Roth
v.
Phillip Isaac, Latoya Isaac
FAX No. 7115323308 P. 002
Docket No.: MJ -09301 -LT -0000123-2014
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, 1F 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 H. Anthony Adams
1 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; 08/11/2014 3:56:28PM
IN THE COURT OF COMMON PLEAS OF (laifieibeer COUNTY, PENNSYLVANIA
:
NO./9'_ tfi 72/ ei;//
e__k v ePlaintiff
e,7,41
VS.
?\-\:, ct. (.5 eta
Defendant
'ID
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rn
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PETITION TO PROCEED IN FORMA PAUPERIS and AFFIDAVIT
1. I am the
Defendant) in the above matter and because of
my financial condition I am unable to pay the fees and costs of prosecuting or defending the action
of 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 in the attached Affidavit relating to my ability to pay the
fees and costs are true and correct.
WHEREFORE, I request that the Court permit me to proceed in the referenced case in
forrna pauperis.
4q locryl
?hap Laic,. aAc_ 51-1:pkt6,,x3 r& -
Plaintiff/ Defendant /
print or type your name 9_6'a 3
address
telephone number
IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA
Cato \ r
Plaintiff
vs.
ONO, V A La -11)-1 LSecac_
Defendant
1. I am the
Case Number
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
(I . 1 ')
efendant) in the above matter and because of
my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing
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. jP1
(a) Name:Laker*. e ?t �CLf'. c Y �"` ise IS�i.4 G
Address: g r Penn ST
5k;petttsb U� C ��
Social Security Number, aDD- - 1 (% 1 % 6 Li
(b) If you are presently employed, state
Employer:
IAddress:
Salary or wages per month: 4)
Type of work:
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work: 1-aDre_)r-
D
\-‘
01-
(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:
Unemployment compensation and supplemental benefits:
Workers compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife) ame: YIV\%\\ C- SCIP,c
If your (husband) (wife) is employed, state
Employer: fk
Salary or wages per month: V t 1
Type of work: '14 ( A
Contributions from children:
(e) Property owned
Cash:
Checking Account:
Savings Account:
Certificate of Deposit:
Real Estate (including home):
Motor vehicle: Make Year `a 0 0 -c'
Cost
c0 Amount owed D i°
Stocks: bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: k D
Loans:
`I9 2')- o\4
Monthly Expenses;
(g) Persons dependant upon you for support
(Wife)(Husband) Name:
Children, if any: �cf.c.�.: \L \IArro to
plat: p , 11 Ren.e2c (Zo ir-e r'�`DS
Name: Lab rye )4' Age:
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 penlties of 18 Pa. C.S. 4909, relating to
unswom falsification to authorities.
Date: g>41--1 `1 �
l,e L
Petitioner
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of
PLAINTIFF: NAME and ADDRESS
RAW)
L_rn )le,Pcr7ail
DEFENDANT:
VS.
NAME and ADDRESS
Fry dl, (i p TVA
S ki Pb
Common Pleas Docket No.
TENANT'S SUPERSEDEAS AFFIDAVIT (NON -SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
�i N goo Sl 3h� '406+1, 09 ria -r -7-
-I :
t 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 have/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 fal;cation to authorities.
?-J)-'�
Date SIGN TURE OF TENA
AOPC 312-08 (B)
m
IN THE COURT OF COMMON PLEAS OF . -L'OUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
CGAvkA 4 LiscARAK:.
Plaintiff
v. Nom_ LIT7z_
(?),\ p kL2,21-b\Lck. ZscipAc
Defendant
ORDER
AND NOW, thisi--14( day of 20,1, upon consideration of the Petition of
Plaintiff to Proceed In Forma Pauperis, it is hereby ORDERED and DECREED that the Plaintiff
, may file the in forma pauperis and proceed to the
termination of proceedings without payment of filing fees or costs.
pfearlterr
13y the
ex)/LA--A_ /reek
t tie
epepy
CALVIN ROTH and LISA ROTH, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs, : CUMBERLAND COUNTY, PENNSYLVANIA.._.
C') r,:,
c
-73, a .t- -�
n, cc) --r:
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= c) -- r—
v.
•
: DOCKET NO. 2014 - 4772
PHILLIP ISAAC and LATOYA ISAAC : CIVIL ACTION
Defendants. : MDJ JUDGMENT APPEAL
PRAECIPE FOR TERMINATION OF SUPERSEDEAS
TO DAVID BUELL, PROTHONOTARY:
Pursuant to Pa.R.C.P.D.J. No. 1008(C)(3)(b)(i), Defendants were required at the time of
filing their notice of appeal to pay one-third (1/3) of the monthly rent. The monthly rent
established by the Notice of Judgment is $800.00, requiring a filing fee of $266.67. Defendants
have failed and/or refused to make required filing fee payment to the Prothonotary in accordance
with Pa. R.C.P.D.J. No. 1008(C)(3). Defendants have also failed to filed with the Prothonotary
proof of service of their notice of appeal within ten (10) days after the filing their notice of
appeal pursuant to Pa. R.C.P.D.J. No. 1005(B). Please either terminate the supersedeas in the
within action pursuant to Pa. R.C.P.D.J. No. 1008(C)(7) for failure of the appellant to pay the
required fling fee, or strike the appeal in the within action pursuant to Pa. R.C.P.D.J. No. 1006.
Please also pay the full amount of the current deposits paid by the Defendants to the Plaintiffs as
required by Pa. R.C.P.D.J. No. 1008(D).
By:
Date: August 22, 2014
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
Do as ! . Miller, Esquire
Supreme ourt I.D. No: 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiffs
To: Phillip Isaac and Latoya Isaac, Defendants/Appellants
You are hereby notified that upon confirmation of the failure of the
Defendants/Appellants to pay the required filing fee, and/or the failure to file proof of service of
their notice of appeal, the supersedeas is terminated an., : •p 6:.1 is stricken.
By:
Date: August) , 2014
DEPUTY
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Date: August 22, 2014
Phillip Isaac
Latoya Isaac
29 N Penn Street
Shippensburg, PA 17257
IRWIN & McKNIGHT, P.C.
Douglas G.
Supreme Co
iller, Esquire
ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiffs
2014.1 OTHONOTAl;'
AUG 25 ANN: 35
CUMBERLAND
FC �'�'NS YL Vq N°A`'� 7 '�'
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 (A),And ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No:
(date of service)q,12 , 20 �y ,
J , upon the Magisterial District Judge designated therein on
Er by personal service D by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
, 20 by personal service❑
sender's receipt attached hereto.
O);2N) (AFFIRME� SUBSCRIBED BEFORE ME
HIS DAY OF 20
`Jn
LlinA kkL 0Q Y �A O )6
ignature of official before whom affidavit was made Signature f affiant
by (certified) (registered) mail,
e.
Title of official
My commission expires on
201
COONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
PAMELA ANN SWITALSKI, Notary Public
F...._
oro of Shippensburg, Cumberland County
My Commission Expires March 24, 2018
AOPC 312A - 05
Sollenbergers - Shippensburg
Sollenbergers - Shippensburg Record #: 123157
408 E King St
Shippensburg, PA 17257
(717) 532-3764
For:
LATOYA ISAAC
85 SUNBEAM CT APT 2
SHIPPENSBURG, PA 17257
Date: 08/21/2014
Time: 04:49 PM
Clerks Initials: PAM
Vehicle Registration Information
Agency Fees
8/21/2014 4:49:58 PM PAM: PROOF OF SERVICE
I/We swear that I/we have applied for the above item(s).
In store processed - Notary 0.00
Agency amount paid 0.00
"Check to state 0 --- 0.00
Surcharge 0.00
Total Agency Fees 0.00
Service Fees
Messenger Fee
Notary/Clerical Fee
Copy/Fax Fee
Other Fee
0.00
5.00
0.00
0.00
Payment Type CASH
Total Service Fee 5.00
Surcharge 0.00
Sworn and subscribed to before me on 21 -Aug -2014.
Notary Seal
Total Surcharge
Total Amount Due
Amount Tendered
Change Due
No Refunds on Service or Notary fees. We are not
responsible for the work the State fails to process.
0.00
5.00
5.00
0.00
Welcome to Sollenbergers - Shippensburg
Your Direct Connection with PENNDOT, "Online", State & Service Fees Apply
08/21/2014 04:49 PM
IN ME COURT OF COMMON PLEAS OF -2,0UNTY, PENNSYLVANIA
CIVIL ACTION—LAW
CGAv Lck
Plaintiff
TW\\P t6L-1-6\k
Defendant :
AND NOW, this day of
Nolv_ q172_
ORDER
2044
upon consideration of the Petition of
Plaintiff to Proceed In Forma Pauperis, it is hereby ORDERED and DECREED that the Plaintiff;
may file the in forma pauperis and proceed to the
termination of proceedings without payment of filing fees or costs.
By the Prothonotary
DISTRICT rm. TPT 00-3.-01
35 W.E. JTREET
SHIPPENsbuistu, PA 17257
.cifel) AUG 2
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
ROTH CALVIN ET AL (VS) ISAAC PHILLIP ET AL
Case Number*2014-04772 is
Received of PD CASH BY DEFT LATOYA
AK
Total Non -Cash + .00
Total Cash + 264.00
Change .00
Receipt total = $264.00
Distribution Of Payment
Receipt Date 41.8/l1/20144t
Receipt Time 15:58:32
Receipt No. 309708
Transaction Description Payment Amount
RENT 264.00 PROTHONOTARY ESCROW
$264.00
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Y
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