HomeMy WebLinkAbout15-0328 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMONPLEAS No. " S Ll� ,3v'--o c; ; f
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.
N OF APPELLANTM
,_
AOD OF ELLAN i TY ZIP CODE
C T F J DGMENT IN THECA OF Plaintic) (/ (Defandard).
VS
OC 4 No. NATURE OF APPELLANT OR ATTOR tY
This block will be signed ONLY when this notation is required under Pa. If appe a was Claim t (see Pa. R.C. .D 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
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 Ma_oisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name_of appellee s)
(Common Pleas No. }within twenty(20 d ys after service ofie or suffer entry of ju nt ros.
Sig ure o e/ant or a ney or agent
RULE: Toz1ZI,
appellee(s)
Name o appellea(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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
VENItirlUSNNI d Signature of Prothonotary cr Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
h W 91 NIFS10"'�(�
AOPC 312-05 t _, �, _? i
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND Residential Lease
PYA
Mag. Dist. No: MDJ-09-2-02 James W Wolf Jr.
MDJ Name: Honorable Jessica Brewbaker V.
Address: 18 North Hanover Street, Suite 106 Alesye Ortiz
Business Central Building
Carlisle, PA 17013
Telephone: 717-240-6564
Alesye Ortiz Docket No: MJ-09202-LT-0000185-2014
53 E. Louther Street Case Filed: 12/31/2014
Apt. 2
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-09202-LT-0000185-2014 James W Wolf Jr. Alesye Ortiz Judgment for Plaintiff 01/08/2015
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Alesye Ortiz $0.00 $2,721.40 $2,721.40
James W Wolf Jr. $0.00 $0.00 $0.00
Judgment Finding (*Post Judgment)
In the matter of James W Wolf Jr. vs. Alesye Ortiz on MJ-09202-LT-0000185-2014, on 1/08/2015 the judgment was awarded as
follows:
The amount of rent per month,as established by the Magisterial District Judge,is$800.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Rent in Arrears 0.00 $2,565.00 $2,565.00
Costs 0.00 $156.40 $156.40
Grand Total: $2,721.40
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed:01/08/2015 2:41:14PM
James W Wolf Jr. 'Docket No.: MJ-09202-LT-0000185-2014
V.
Alesye Ortiz
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.
.s
06/ Cd C
Date Magisterial District Judge Jessica BrewbakerA ',
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:01/08/2015 2:41:14PM
James W Wolf Jr.
f
V. Docket No.: MJ-09202-LT-0000185-2014
Alesye Ortiz
Participant List
Plaintiff(s)
James W Wolf Jr.
PO Box 894
Carlisle, PA 17013
Defendant(s)
Alesye Ortiz
53 E. Louther Street
Apt.2
Carlisle, PA 17013
MDJS 315A - -
Page 3 of 3 ...__... _. .....
Printed.01/08/2015 2:41 14PM
% Y 7 U
IN THE COURT OF COMMON PLEAS OF THE
°4 I 16 PH
39TH JUDICIAL DISTRICT-PENNSYLVANIA k,U M 5 E R C 0 b,u i i y
COUNTY BRANCHE p N S Y M4 MA
(Franklin or Fulton)
CIVIL ACTION-LAW
Appelleealw
eo4
-vs- NO. z6 —z/ rs-1
: (court to insert docket number)
Appellant
PETITION TO PROCEED IN FORMA PAUPERIS and AFFIDAVIT
1. I am the appellant in the above matter and because of my financial condition am unable
to pay the fees and costs of prosecuting or defending this 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: r_
L�Address:
b.) Employment
If you are presently eruployed,state
Employer:
Address:
Salary or wages per mon : ,4
Type of work:
S—Y-A
If you are presently unemployed, state
Date of last employment:
Salary or wages per month: . 75
5
Type of work:
c.) Other income within the past twelve m nths
Business or profession:
Other self-emplo nt:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
l/h-
Support payments:
Disability payments;.
Unemployment compensation and supplemental benefits:
Workman's Compensation:
Public assistance:
Other:
d.) Other contributions to household suppo t
(Wife) (Husband) Name:
If your(wife)(husband) is employed, state
Employer:
Salary or wages perm nth: A11j4
Type of work:
Contributions from children: &.114
Contributions from parents:
Other contributions: A/F
e.) Property owned
Cash:
Checking Account:
Savings Account:
Certificates of deposit:
Real estate(including home):
Motor Vehicle: MakA, Amount
Year.
Cost Owed,
Stocks;bonds:
—A/W
Other:
f.} Debts and obligations
Mortgage:
Rent:
Loans:
Other:
g.) Persons dependent upon you for support
(Wife/Husband)Name:
Children,if any:
Name: � /� Age• (�
-7-tyAh
Other persons:
Name: � ` �Y�S
Relationship:.
4. I understand that I have a continuous 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:
Appellant's Signatur
cot
COMMONWEALTH OF PENNSYLVANIA
PLAINTIFF: NAME and ADDRESS
COURT OF COMMON PLEAS �—
County of
l
Vs.
` DEFENDANT: NAME and ADDRESS
�J
Common Pleas Docket No.
TENANT'S SUPERSEDEAS AFFIDAVIT(NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
0-I (print name and address here),
have filed a notice of appeal from a magisterialditdct 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 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. ave no 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 un s o falsification to authorities.
Dwfite SIGNATURE ANT
AOPC 312-48(B)