HomeMy WebLinkAbout14-6217COMMQNVVEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
C&sn 6e r'aic/
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDG
COMMON PLEAS No./
of (�
7 /
NOTICE OF APPEAL 7/V7
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
Jude n the `e aattd in ct referenced below.
OFA ELLAN j�
ADDRESS OF T
DATE Of' JUDGMENT
io Li6 ! i
DOCKET
( �2 LZ4(bota3..2o‘i-1)
P
This block will be signed ONLY when this notation is required under Pe.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession In this case.
s Ctarmant (see Pa i C.P.D.J. No. 9001(6) In
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.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal fo be served upon appellee.
PRAECIPE: To Prothonotary Q
Enter rule upon %4 (9 ( 1 t� ts) U( i �� CO C u F -" appellee(s), to file a complaint In this appeal
/ Name of app.iree(a)
(Common Pleas No. / /1v ---d 217 C/(J/L ) within twenty (20) days after se
RULE: ToY-40c,(5(1/4'"1
of rule or suffer entry of Judgment of non pros.
Signature
A (&TN oC- Co of Cc .ii 6'LAN
appellee(s)
ey or agent
Name of appeUee{S)
(1) You are notified that a rule is hereby entered upon you to fie 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 mall.
(2) If you do not Ole a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
;'(3} Tne; dote o1 soMMice of this rule if service was by mall is the date of the mailing.
/f20_j
Signature of Prothonotary or Deputy
YOU; .MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
VINVAIASNN3d
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OOPC 312-05
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-2-02
MDJ Name: Honorable Jessica Brewbaker
Address: 18 North Hanover Street, Suite 106
Business Central Building
Carlisle, PA 17013
Telephone: 717-240-6564
Nodiah Kelly
38 S Spring Garden St
Carlisle, PA 17013
Disposition Details
Grant possession.
Grant possession if money judgment is not satisfied by the time of eviction.
Disposition Summary (cc- Cross Complaint)
Docket No
MJ -09202 -LT -0000153-2014
Judgment Summary
Participant
Housing Authority of the County of $0.00
Cumberland
Nodiah Kelly $0.00
Judgment Finding (*Post Judgment)
Plaintiff Defendant
Housing Authority of the County Nodiah Kelly
of Cumberland
Notice of Judgment/Transcript
Residential Lease
Housing Authority of the County of Cumberland
v.
Nodiah Kelly
Joint/Several Liability Individual Liability
$0.00
$289.40
Docket No: MJ -09202 -LT -0000153-2014
Case Filed: 10/7/2014
Yes
No
Disposition
Judgment for Plaintiff
Disposition Date
10/16/2014
Amount
$0.00
$289.40
In the matter of Housing Authority of the County of Cumberland vs. Nodiah Kelly on MJ -09202 -LT -0000153-2014, on 10/16/2014 the
judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge, is $0.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Costs $0.00 $139.40 $139.40
Attorney Fees $0.00 $150.00 $150.00
Grand Total: $289.40
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed: 10/17/2014 3:56:31 PM
r ..i
Housing Authority of the County of Cumberland
v.
- Nodiah Kelly
Docket No.: MJ -09202 -LT -0000153-2014
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, CML 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 Date Magisterial District Judge Jessica Brewbaker
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: 10/17/2014 3:56:31 PM
n i
Housing Authority of the County of Cumberland
v.
Nodiah Kelly
Private(s)
Plaintiff(s)
Participant List
Tricia Dills Naylor, Esq.
Baric Scherer.LIc
19 W South St
Carlisle, PA 17013-3444
Housing Authority of the County of Cumberland
60 W Penn Street
Carlisle, PA 17013
Defendant(s)
Nodiah Kelly
38 S Spring Garden St
Carlisle, PA 17013
Docket No.: MJ -09202 -LT -0000153-2014
MDJS315A Page3of3
Printed: 10/17/2014 3:56:31 PM
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of
1,
PLAINTIFF:
F
er-e-
L.
DEFENDANT:
NAME and ADDRESS
i -P
VS.
AME and ADDRESS
Common Pleas Docket No. *- 62/ 7
TENANT'S SUPERSEDEAS AFFIDAVIT (NON -SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
(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 I occupy, and 1 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 falsification to authorities.
-P.a—t1
Date
AOPC 312-08 (B)
S NATURE OF ENANT
—4
CD ;'
CD
CD
IN THE COURT OF COMMON PLEAS Of COUNTY, PENNSYLVANIA.
•
ticuGoflih-koi+k) e).;- .
Co unhi CwrOaeh.16.
Plaintiff
vs.
Defendant
6.217 eti/C
-1ergo
PETITION TO PROCEED IN FORMA. PAUPERIS
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Woca_ciick-h
The Petition of
1. I am the D2
respectfully represents:
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:qoack\
Address: 2)(1) am*, siorvIA 6-a_rtkan
Soc. Sec. No.: iSS -3$3-24g7V--
(b) Employment—If you are presently employed, state
Employer:
Address:
Salary or wages per month: cn
Type of work:
c
•—•1
•
CJ -1
(e) Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make:
Cost: ; Amount owed:
Stocks; bonds:
Other:
(t) Debts and obligations
Mortgage:
Rent:
Loans:
Other:
Water
Telephone
Cable
Credit cards
5701)
Auto Insurance
GO
U U
--If you are presently unemployed, state
Date oflast employment: I O I g f
Salary or wages per month:5(
Type of work: . f):1(\
(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:
Workman's compensation:
Public assistance:
Other:
(d) Other contributions to household support
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:
(g) Persons dependent upon you for support
Spouse's Name:
Chitd(ren), if any:
Name(s) and age(s):
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.
Date Petitioner
C7'7 3 -84a3
HOUSING AUTHORITY OF COUNTY
OF CUMBERLAND
Plaintiff,
v.
NOADIAH KELLY,
Defendant
Otountp of QtuntberCaub
IN -THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2014-6217 CIVIL TERM
IN RE: PETITION TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 27th day of October 2014, upon consideration of Defendant's
Petition to Proceed In Forma Pauperis, and it appearing that the Defendant has
complied with the requirements of Pa R.C.P. 240, the Petition is GRANTED. Defendant
may proceed In Forma Pauperis to the termination of proceedings without payment of
filing fees or costs.
BY
gistribution List:
Noadiah Kelly
Housing Authority of County of Cumberland
C.07 / L
/y
ThomaA. Placey C.P.J.
CO :I Kd 83 100 h1o1
HOUSING AUTHORITY OF THE :
COUNTY OF CUMBERLAND :
Plaintiff
v.
NODIAH KELLY
38 S. Spring Garden St.
Carlisle, Pennsylvania 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
r-*
.2C- Ttl
NO. 2014-6217 CIVILTERM
Defendant
PRAECIPE TO STRIKE APPEAL
To the Prothonotary:
Please strike the appeal filed by the Defendant on October 23, 2014 for failure of the
Defendant to file with the Prothonotary proof of service of her notice of appeal, and proof of
service of a rule upon Plaintiff to file a complaint, as required by Pa.R.C.P.M.D.J. No. 1005B.
Respectfully submitted,
BA RL
Trici D. Naylor,
I.D. # 83760
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Upon confirmation of failure of the Defendant to file with the Prothonotary proof of
service of her notice of appeal, and proof of service of a rule upon Plaintiff to file a complaint
within ten (10) days after filing the notice of appeal, the appeal is stricken from the record.
Seal of the Court
Prothonotary
CERTIFICATE OF SERVICE
I hereby certify that on November 10, 2014, I, Tricia D. Naylor, Esquire, of Baric Scherer
LLC, did serve a copy of the Praecipe To Strike Appeal, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Nodiah Kelly
38 S. Spring Garden t.
Carlisle, Pennsylvania 0
Tricia . Naylor, Esq
FILED-OFR(2c.
CA' THE PROTHONOTARY
2014NOV 13 AMU: 21
Ll
C3
!
CUMBERLAND COUNTY
PENNSYLVANIA
Dm
1-4
PROOF OF SERVICE OF NOTICE OF APPEAL1N
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFT&
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF r_r
AFFIDAVIT:
; SS
I hereby (swear) (affirm) that I served
U.S. Postal Servicen,
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.come
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
11/10/2014
Sent To
64a.i
or PO Box No.
City, Stale, ZIP+4
PS Form 3800, August 2006 See Reverse for Instructions
0 a copy of the Notice of Appeal, Common Pleas No.__.2 upon the Magisterial District Judge designated therein on
D by personal service Vis by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on oa.r6b. CA'Avtibbri 04 CO 41
20)LI Oby personal serviceD
senders receipt attached hereto.
(date of service)
20114
(SWORNMAFFIRME12) AND SUWRIBED BEFORE ME
THIS /37.- DAY OF PIU , 20
Signature ofoft
I bef whom affi It s made
Ridtvtud7 1 .7
Title of official
My commission expires on
• •
Prothinglit CumbOrlandr.otinty4artisle; PA
Conthiission Expims the First Monday °Liam 2018
7.2
t
AOPC 312A - 05
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ru
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, C3
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rR
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by (certified) (reltatdrr;31r4
106, D&S Nat -V.
U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery Information visit our website at www.usps.come
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Sent To
1.1. 4Y
$5.31.1
1.1014
$2.70
$0.00
etreet, it. No.;
or PO Box No.
City, Stele, ZIP+4
PS Form 3800, August 2006 See Reverse for Instructions