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HomeMy WebLinkAbout14-5098 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM 0 MAGISTERIAL DISTRICT JUDGE JUDGMENT yv\ 115f COMMON PLEAS No. 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. AMDN EOFAPPELLANT GDISTOo NAM�� J &V\ ADDRESS OFAPELLANT I ZIP CODE 4 1 -7 'Zo ) L_'O� 11 PC - I DAT—Q%@F I OGMENT IN THE CASE OF(Plaintiff) (Defendant)' Lb1,14 � I 111 1 5 C)&) 5 0,40PC-> ta V r ffe� DOCKET No. SIGNATURE OF PE LANT 05ATTORNEY 01 AGENT PC This block will be signed ONLY when this notation is required under FZ6,-4f-appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. signature of Prothonotary or Deputy =71 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 so& sff� appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. / )within twenty(20)days after a of rule or s9ffeT-a)Itry of judgment of non pros. SYnature of appellant or attorney or agent RULE: To .. dod)rle appellee(s) Name oflapoe]Ne(s) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing,-- Date: VINVAIASNN3d j 4 Anoo GNVI�3003 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NO4AM1D&IP1WN-A"NSCRIPT FORM WITH THIS NOTICE OF APPEAL. eo'OHINd '2H AOPC 312-05 Ir V COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease r Mag. Dist. No: MDJ-09-3-03 Sopensky Properties MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street James Coleman, Laurie Sheaffer P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Laurie Sheaffer Docket No: MJ-09303-LT-0000054-2014 75 Bonnybrook Road, Lot 7 Case Filed: 8/8/2014 Carlisle, PA 17013 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-09303-LT-0000054-2014 Sopensky Properties James Coleman Judgment for Plaintiff 08/19/2014 MJ-09303-LT-0000054-2014 Sopensky Properties Laurie Sheaffer Judgment for Plaintiff 08/19/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount James Coleman $1,628.00 $0.00 $1,628.00 Laurie Sheaffer $1,628.00 $0.00 $1,628.00 Sopensky Properties $0.00 $0.00 $0.00 Judgment Finding ("PostJuagment) In the matter of Sopensky Properties vs. James Coleman; Laurie Sheaffer on MJ-09303-LT-0000054-2014, on 8/19/2014 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge, is$335.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $1,470.50 $0.00 $1,470.50 Server Fees $47.00 $0.00 $47.00 Filing Fees $110.50 $0.00 $110.50 Grand Total: $1,628.00 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed:08/22/2014 7:42:14AM Sopensky Properties Docket No.: MJ-09303-LT-0000054-2014 V. James Coleman, Laurie Sheaffer 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. Date Magisterial District Judge Susan K. Da 9� 9 Y 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:08/22/2014 7:42:14AM Sopensky Properties Docket No.: MJ-09303-LT-0000054-2014 V. James Coleman, Laurie Sheaffer Participant List Plaintiff(s) Sopensky Properties 1300 Market Street, Suite 12 Lemoyne, PA 17043 Defendant(s) James Coleman 75 Bonnybrook Road, Lot 7 Carlisle, PA 17013 Laurie Sheaffer 75 Bonnybrook Road, Lot 7 Carlisle, PA 17013 MDJS 315A Page 3 of 3 Printed:08/22/2014 7:42:14AM IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY c . SOPENSKY PROPERTIES APPEAL FROM MDJ 09-3-05 '; cn r` r'a CD V. ["CD C`T MDJ DOCKET NO. LT 54-2014 cl - C7 LAURIE SHEAFFER PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Laurie Sheaffer,, Defendant/appealant,to proceed in forma pauperis. I, Daniel Pollock, Esq attorney for the party proceeding in forma pauperis,certify that I believe the party is unable to pay the costs and that I am providing legal services without charge to the party D ieI Pollock, Attorney for Laurie Sheaffer. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY SOPENSKY PROPERTIES Appeal from MDJ 09-3-05 ,r=V. � G C Appeal from Docket No. LT 54-2014 :2:c� LAURIE SHEAFFER PETITION TO PROCEED IN FORMA PAUPERIS 1. I, Laurie Sheaffer,am the defendant/appellant in the above captioned matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending this action or proceeding. 2. 1 am currently unable to obtain the funds from anyone, including family and associated to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name,Laurie Sheaffer Address: 75 && a/ d. 1A7 z Car!/ijk ,M IZOZ3 b. Employment: AJU.1 If you are currently employed State: Employer: `/1 Address: Salary or wages per month. Type of work If.you are presently unemployed,state Date of last Employment .20 Salary or wages per month Type of work N Other income within the past twelve months: 1` Business or profession: Other self Employment Interest Dividends Pensions and annuities Social Security Benefits Support Payments Disability Benefits'k.2g(?6 Unemployment compensation and supplemental benefits Workers compensation Public assistance Other d. Other contributions to household support Name Relationship Employment Salary or wages per month Type of work Contributions from children Contributions from parents Other Contributions e. Property owned Cash Checking account �� � �J,ay Savings account Certificates of deposit Real Estate,Including Home Motor Vehicle: Make— Model— Year akeModelYear Cost Amount Owed Stocks and Bonds: Other: f. Debts and obligations Mortgage: Rent: 1335 r" Loans: Other: 14Aks t6V'Q"'. g. Persons dependent on you for support: Names and relationships 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstance which would permit me to pay the costs incurred herein. S. 1 verify that the statements made in this affidavit are true and correct to the best of my knowledge. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.4904 relating to unsworn falsification to authorities. 8a9W Date �,, Itioner IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY 561 r' '- / SOPENSKY PROPERTIES Appeal.from MDJ 09-3-05 ., c:_- V.v. Docket no. LT 54-2014 * LAURIE SHEAFFER TENANTS SUPERSEDAS AFFIDAVIT( NON—SECTION 8) ' I, Laurie Sheaffer of 75 Bonnybrook road lot#7 have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy and I do not have the financial ability to pay the lesser of(3)Three months rent or the amount of the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income guidelines 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 not paid rent for 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 subject to the penalties of 18 Pa.C.S.4904 relating to unsworn falsification to authorities. Daterie Sheaffer LEU -OFF Irr;E:_ THE HOTHONj TA It SEP -4 PH 3: 29 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.) COMMONWEALTH OF PENNSYLVANIA i)076111 AFFIDAVIT: I hereby (affirm) that I served COUNTY OF ; ss 1q -509g a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service)9"4 , 201N VI by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on b fetistmed) mail, pe..nf)i-y &perk ts 91 ,20// IJ by personal service sender's receipt attached hereto. (SWORN4AFFIRMEDI,N)111 SUBSpBED BEFORE ME THIS yM DAY OF /20 / f official efore horn affidavit wm e iN dop Title of official My commission expires on , 20 Prothonotary, Cumberland County,tarlisle, PA My CoMmission Expires the First Monday of .1002018 AOPC 312A - 05 rq rn U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Donoestic Mail Only; No Insurance Coverage Provided) For &livery Information visit our website at www.usps.como II A .30 LEMOYNET1191"64 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees .4 SP pons 0He 5 04 20/4 -4 Sent To treet, At. No.; or PO Box No. $6.4" 0,9/04/20 4 s City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instructions