HomeMy WebLinkAbout02-4284COMMONWEALTH OF PENNSYLVANIA
COURT OF CC)MMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
F~
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL ~-(/~ / ~. ~)~
Notice is given that the ap~Janf has filed in the above Court of Cornmon Pleas an appeal from the judgment rendered by fha District Justice on the
date and in the case mentioned below.
Shi.?~en_~bur~,, PA 17257
MidPenn Leqal Services
. L~. ~~~ I~i~e Row
This b~k wmlJ ~ ~ ONLY ~en ~is
1008~ ' ( ~ ~. R.C. RJ.P. NO.
This ~ti~ of A~al, w~ mccad by ~ ~s~ict Justice, will ~ as a ~ (~)im aC~i~ ~e D~ict J~ice, De MUST
~PER~DEAS ~ ~ j~ f~ ~ssessi~ in this cas~
S~a~ of ~t~y ~ ~ty filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. RC.P.J.P, No. 1001(7) in action before District Justice,
IF NOT USED, deasch from cQoy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
RULE: To.
Shawn Fr~v
, appellee(s), to file a complaint in this appeal
) within twenty (20)~vc~ ~,~
days after vice of rule or suf entry of judgnmnt of non i::mos.
, appellee(s). / ~gna~e of a~v~nt ~ h~s ata~ney ~ agent
(1) You am 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 upo~ 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 WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COld, PLAINT
(This proof of service ~,~fUST BE FILED WITHIN TEP, i (10) DAYS AFTE'R filing the ~,otice of z~ppeaL Check ~¢pficabte boxes)
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT; t hereby swear or a'f~' rm that J served
~'] (date of serv ce) , [] by personal service u by (ceruTled) (regl~t~,~,,),,.~.,, o .......
iece pt attached ~iii~ o ~'8 up~the appCee, (name) :; ; : ;n' og
~ by persona~ service ~ by (certified) (registered) mal~, sender's recelpJ attached nere(o.
~ a%~- fu~{~ tha---( i'"s~r;zed th--~ R~e to Fitea Complaint accompanying the above Notice o~ Appeal upon the appellee(s) to whom
the Rule was addressed on ~ by person4~ ervice ~] by (certified) (registered}
mall, sender s,ece~pt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
TH S DAY OF
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERlaND
Mag. Dist. No:
09-3-01
DJ Name: Non
A~d,.ss: 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSB~TRG, PA
Telephone: (717) 532-7676 17257-0361
SANDRA RUE
233 E.KING ST APT.# 3
SHIPPENSBURG, PA 17257
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
[~ Judgment was entered for: (Name) FREY, 8HAWN
Judgment was entered against RUE, 8ANDP, A
] Landlord/Tenant action in the amount of $
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ .00
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
99 .qKYVIEW DRIVE
SHIPPENSBUEG, PA 17257
VS.
DEFENDANT: NAME and ADDRESS
FRUE, SANDRA
233 E.KIN~ ST APT.# 3
SHIPPENSBURO, PA 17257
NOTICE OF JUDGMENT/TRANSCRIPT
Docket No.: II,T- 0000211- 02
Date F ed: 8/12/02
1,024.21 on 8/30/02
in a
· (Date of Judgment)
520,00.
Total Amount Established ~,~l~J. 3~ess-SecurityDepositAp~)l~d = Adjudicate%/~n6o.u:~~
Rent in Arrears $_ -- $ . = $ .
Physical Damages Leasehold Property $ .00 -- $ .00 = $ .00
Damages/Unjust Detention $ .00 -- $ .00 = $ .00
Less Amt Due Defendant from Cross Complaint -- $ .00
Interest (if provided by lease) $ .00
UT Judgment Amount $ 946.3 R
r-]Attachment Prohibited/ Judgment Costs · $ 77.83
Victim of Abuse (Act 5, 1996) Attorney Fees $ .00
r~ This case dismissed without prejudice. Total Judgment $ 1,024.21
I'~ Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
[~ Possession granted if money judgment not sat~st~ed Dy t~me et eviction.
[--'] Possession not granted. [] Defendants are jointly and severally liable.
~-~ Levy is stayed tor__ days or [] generally stayed.
~--~ Objection to Levy has been filed and hearing will be held:
Date: Place:
Time:
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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.
IF A PARTY WISHES TO APPEAL ONLY 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·
~ ¢0"'~2 Date z/~,:~//~ cz'~ /./c:~''''~'<'--''---/-(~ '/' , District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
~y_c~.o..m~ission expires first Monday of January, 2006. SEAL
SHAWN FREY,
SANDRARUE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
i NO. 02- q~ V7 crvn~ TErn
Defendant :
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow the defendant, Sandra Rue, to proceed i_n forma pauperis.
I, Philip C. Briganti, Esquire, 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 free legal
services to the party.
Date: 7/~9//~--~
l~hilip C. Bff~anti
Attorney for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(T,his proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT: I hereby swear or affirm that I served
~ copy of the Notice ~ Appeal, Common Pleas No. 027_.~'~ ~/'_~.~'.~',LJ____, upon the District Justice designajed therein on
(date of service)__ ~:..~_-_¢_~ [] by personal service l~"6y (certified) ~.~_mail, sendeCs
receipt attached hereto and upon the appellee, (name)_~.,&~. ~ ~:_~ ' on
_-.¢'_¢~,~¢ ~¢jE ...... ~ [] by personal service ~ (certified) ('f'~gi~9-mail, senders receipt ~tttached hereto.
[~'~d~"ither that ~erved the R~i'e to File a Complaint accompanying the above Notice ot Appeal upon the appel ee(s) to whom
the RuIe was addressed on ..¢,,,~: ~ ................. ,¢_~_~ [] by personal service [~'"'~y (certified)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THiS DAY OF ....................... tu¢e
Mycon msso expires on ...............
I verify that the statements set forth in this Affidavit
are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein
are made stbject to the penalties of 18 P.S. Section 4904,
relatin~ to unsworn falsification to authorities.
Date: 7/$/g )
Postage
(Endorsement Required)
Total Postage & Fees
~e,,To/._~:~,/~ .... ~o~__..,7-_ ..............
.-%
September .26, 2O02
Prothonotary
Cumber~n,,d County Courthouse
One Courthouse Square
Carlisle, PA 17013- 3387
To Whom It May Concern:
~, ~hawn W. Frey, am fflin~ t,ttiscomplain~ due m ~he Appeol (Commm~ Plea~ N~md'~ec. 02-4284 Civil),
which was filed on September 9, 2002. The tenant, Sandra Rue of 233 East Kin~ S~eet, Apt 3,
Shippensbu~ PA, was i~ed a 10-Day Notice to Terminate Truancy on Au~st 7~ due t° a breach ~f the
ieee. A Landl~dTenant ~t w~ al~o filed on Aul~t~t 13,2002, with the Cumberla~ Count
District Court for rent and utility bills in the amount ~f $946.38 ~n~nin*t MS. Rtle.
I read a news~q~er arlicle in the .qhippensbu~ Seminel re~ an -n~-- -~ stabbing at the
Shippens~ M~.rlonalds, which listed several c~ the people involved as residin~ in the 200 block of East
King Street in a rear ap~ent The apmlme~ that I own on 233 l~n~ Kin~ is the only house in the 200
block of East ~ Street that includes a rear _~mva_-_,'hiient
I drove by the ho~e on several occasions and wimessed as runny as three (3) people at a time enteri~ the
apartment I recognized one of the individuals as a Donald lvlcC.~wan, who had been a former tennm and
~ afiiend~hip with Sandm Onthe evening that Iddiveredihe 10-DayNotice, Do~ldMcGowan
Dolly Ludwig, from the Cumberland County Hoar*inca Authority, told me that Sandra' s estranl~d husband
lived in the apnrtmmt for a period of time during 200112002. Whm I questioned Sandra about this, she
claimed that he just come~ by to help her out due to her health problems. District Justice Harold Bender
also clarified at the hearin8 held on August 28a', that iii least three (3) people involved in the stabbing
incident had terrified to be livin~ at the _%~_~,~ment of 233 East ~ Slreet.
The water, sewer, and trash bills for this property have doubled. Althouffh thee ~e two other ~m/~tments
at this location, Sandra is the rely l,~m who has Immdry facilities. Washin~ !~!mdry to accommodate 10-
12 people would explain the increase in the utility bills.
A judgment was entered and possession was granted on my behalf. J, ut_oment was entered i~dnst Sandra
Rue inthe amount ~'$1024.21 on 8/30102. I have aH legal documents to support my testimo~r regarding
Shawn W. Frey
Landlord