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HomeMy WebLinkAbout02-4644COMMONWEAL'fl'I Of PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT Entd in Prothy's Office 9-26-02 NOTICE OF APPEAL f:l~)M DISTRICT JUSTICE JUDGMENT COMMON PLEAS N~. 02-4644 CIVIL TERM NOTICE OF APPEAL Notice is given that the appellont has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. ~bert V. Manlove ~'09-1-02 26 South Front Street, Wormleysburg, PA 17043 8/28/02 David Hoang ~ ~orge Kressler LTl9_ __~ I ~~~~~ ' ~is ~ck will ~ ~g~ ONLY ~n this ~m~ is required u~ P~ R.C.~J.P. ~ If ~ll~t ~S C~I~NT (s~ ~. R.C.P.J,P. NO. 1008& ~ ..... ~ This ~tice of A~al, w~n mccad by t~ District Justice, willie as a lO01(6)/n~t~eDis~ctJ~t~ce, heMUST ~PER~DEAS ~ t~ j~m~t ~ pos~s~ in this case FILE A COMPLAINT within twenty (20) da~ after fi#ng his NOTICE of APPEAL. Signa~re of ~th~y ~ ~ty PRAEClPE 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Protho~tar¥ Enter rule upon garar..~?e-~.~-w~gra~e appellee(s), to file a complaint in this appeal (Common Pleas Ncx ) within twenty (20) day~ment of no~ pros. RULE: To ~~ o(an0e,ee(s) , appellee((~.~//~ ~ (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 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER f/ting the ~otice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _.~. ; ss AFFIDAVIT: ~ hereby swear or affirm that I served [-~ a copy of the Notice of Appeal, Commo~ Pleas No ................ upon the District Justice designated thereie on (date of service) , ~] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and up0r~ the appellee, (name) , on _ , 19_ [] by personal service O by (certified) (registered) mail, sender's receipt attached hereto ~ arid further that t served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19---~ [0 by personal service [] by (certified) (registered) m~il ser~der's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THiS DAY OF , 19 ...... Stgnature of alfiant 'C~'MONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Disl No: 09-1-02 DJ Name: Hen ROBERT V. F.2LNLOVE Add ....1901 STATE STREET ~I~IP HILL, PA Telephone: (717) 761-0583 17011-0000 DAVID HOA_NG 26 S FRONT ST WORMLEYSBURG, PA 17043 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'HOANG, DAVID ~ 26 S FRONT ST WORMLEYSBURG, PA 17043 L 3 VS. DEFENDANT: NAME and ADDRESS I-KRES S LER, GEORGE ~ 19 HOLLAR AVE APT.# 204 2ND FL SHIPPENHOUSE APT ~HIPPENSBURG, PA 17257 Docket No.: CV-0000364-02 ] ~ Date Filed: 8/02/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: KRESSLER, GEORGE DISMISSED W/O PREJUDICE (Name) DEF 001 Judgment was entered against: (Name) in the amount of $ on: (Date of Judgment) Defendants are jointly and severally liable. Damages will be assessed on: ~'] This case dismissed without prejudice. ~--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for__days or [] generally stayed. Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ .00 Judgment Costs $. .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUS;/NCLUDE A COPY OF T~ ~ITH YOUR NOTICE OF APPEAL. ~" ZS'l~Date '/./..~ ~/~/~-//TE;~--~Jmc~' ,District Justice I certify that this is ~_ee~,,¢,~/~e ~~c,d~,~3 cc 7.ta!nir,~ *h¢, iu~e nt. I _. ~" , District Justice I My commission expires first Monday of January, AOPC 315-99 2006 SEAL 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU~.'I~E~LAND ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No, 0 2,~ 4 G ~4 4 , upon the District Justice designated therein on (date of service)., 09/30/02 , [] by personal service :~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Georqe Kressler , on ~_~02 , 19 ............. [] by personal service;~] by (certified) (registered) mail, sender's receipt attached hereto. ~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom ,19 ~ [] by personal service:~] by (certified) (registered) the Rule was addressed on 10/0t/02 mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~ DAY OF Om~obmr , ] Title o¢ My commiss¢o¢~ expires oil Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ~icle Addressed to: George Kressler 19 5ollar Avenue, Apt #204 Shippenhouse, 2nd Floor Shippensburg, PA 17257 · Complete items 1, 2, and 3. Aisc complete · ire? 4 if Restricted Delivery is desired. . · Pnnt your name and address on the reverse so that We can return the card to you. · Attach this card to the back of the mail or on the front if space permits. 1. ~icle Addressed to: District Justice Robert V. Manlove 1901 State Street Camp ~ill, PA 17011 2. Article Number . 2. Article Number (Transfer from service label) 7 0 D ~' 2 5 ~' 0 0 0 ~ (Transfer fro~ service label) 7 0 8 1 PS Form 3811, August 2001 Domestic Return PS Form 3811, March 2001 ~ delivery address If YES, enter deliver] [] No Service Type I~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandi,, [] Insured Mail [] C.O.D. % 4. Restricted Delivery? (Extra Fee) [] Yes ~ i ! 2510 0003 4479 0586 Domestic Return Receipt 102595-01-M-l, SAIDIS SHUFF, FLOWER & LINDSAY ATfORI~*AT*LAW 26 W. High Street Carlisle, PA DAVID HOANG, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2002-4644 CIVIL TERM GEORGE KRESSLER, Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATrORI~S,AT,LAW 26 W. High Street Carlisle, PA DAVID HOANG, Plaintiff, VS. GEORGE KRESSLER, Defendant· · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-4644 CIVIL TERM COMPLAINT AND NOW, comes Plaintiff, DAVID HOANG by and through his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, and states as follows: 1. Plaintiff is DAVID HOANG, an adult individual, residing at 26 South Front Street, Wormleysburg, Pennsylvania 17043. 2. Defendant is GEORGE KRESSLER, an adult individual, residing at 19 Hollar Avenue, Shippensburg, Pennsylvania 17257. 3. rented the front mom, second Pennsylvania 17257, from Plaintiff. 4. 5. as Exhibit "A". Apartment #204, Second Floor, Shippenhouse Apartments, Plaintiff and Defendant entered into a Lease whereby Defendant floor, of 29 West King Street, Shippensburg, Defendant has since left the premises in question. A true and correct copy of the Lease in question is attached hereto SAIDIS SHUFF, FLOWER & LINDSAY ATI~RE~/S*AT*LAW 26 W. High Street Carlisle, PA 6. In breach of the aforesaid Lease Agreement, Defendant GEORGE KRESSLER failed to pay for four months' rent during his occupancy, at the rate of $275.00 per month, for a total rent due of $1,100.00. 7. The Lease in question provided that Lessee pay for water, electricity, gas or other services. 8. Defendant failed to pay an electric bill of $664.00, and failed to pay a water bill of $271.86, or in the alternative, failed to share said bill with another tenant, ROLAND C. BOWERS, and failed to pay his share of said bill. 9. Defendant caused damage, including a broken window and other damages, requiring parts to repair in the amount of $438.00, and labor in the amount of $646.00. 10. Defendant has refused to pay the aforesaid sums due. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,119.86, plus interest from the date of the breach of the agreement and costs. SAIDI$, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff (t ]' James D~ I~low~r, Jr. "~ I.D.//27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATrOI{I~aATsLAW 26 W. Hish Street Carlisle, PA VERIFICATION I, JAMES D. FLOWER, JR., hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, based upon information and belief provided by Plaintiff. Plaintiff is unavailable to sign this Verification within the time required for signing. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. .... Jam~s~D'T'Flov~ Jr. Date: ]0 -/(, ~ LEASE AGREEMENT MADE THIS 1'~ day of September , 2001, b,y and between (Landau) ' Lan Hoan~ (residing at 26 South Front Street~ WormleySburg, PA 17043) (hereinafter called Lessor), and Mr. George Kressler (3442 Linds~y Lot Shi ensbu PA (hereinafter called Lessee). WITNESSETH, that lessor, in consideration of the rents and covenants hereinafter mentioned, hereby leases unto Lessee, the premises situate in ihe front room 2nd floor of 29 West KinE Street, Shil}oensburg~ PA 17257, County of Cumberland, and Commonwealth of Pennsylvatfia, described as follows: 1) If the lease is broken, the tenant is still responsible to pay rent until th~ term of the leased agreement is completed. 2) Landlord is not held responsible or liable for tenant or others on leased property for falling, including all visitors. The snow removal and'safety concerns are part of the .:... tenant's responsibility. The landlord will provide parking as well as removing snow only in that area. Heat will be provided at a given rate. If excess heat is desired, the extra heat services is depended on tenant. to be used as Residential Living Quarters ONLY and for no other purpose, beginning on the ISt__~y of September, .2.001, and ending on the .30th day °f September, 2002.-, IN CONSIDERATION OF WHICH, the lessee agrees to pay the Lessor, the sum of $275.00 ~er month (Deposit $275.00) dollars, payable as follows: AS A FURTHER CONSIDERATION, for the use and occupancy of the said premises, the Lessee hereby agrees to faithfully keep and be bound by the following covenant, conditions and agreements: The premises axe to be kept and maintained by Lessee in as good repair and condition as at present and at the expiration of this lease they are to surrendered in like repair and C°ndition, except for ordinary wear and tear and damage by accidental fire or other casualty not due lo negligence of Lessee or those acting for or employed by Lessee. If the Lessee fails to make necessary repairs or restoration, Lessor, may, but need not, make repairs and collect the cost as rent due. Alterations are prohibited unless approved in writing by Lessor. 2. The premises are to be kept in a clean and sanitary condition and all ashes, trash and garbage which may accumulate thereon, as well as snow on sidewalks, shall be removed, and in case of failure to remove the same, the Lessor may collect as rent due double the cost of ... removal. 3. The Lessee shall and will pay for water, electricity, gas or other services for the use of the said premises, as the same shall become due, during the term of this lease agreement or any renewal thereof, unless otherwise provided herein, and on failure to pay for such services when due, the Lessor may pay for such services and collect the sane from the Lessee as rent due. 4. The Lessee agrees to obey all regulations of Lessor which Lessee is given written notice before the execution of this agreement by Lessee. 5. Neither the whole nor any portion of the said premises shall be sublet nor shall this lease or ant interest thereon be assigned or mortgaged by the Lessee. 6. Nothing shall be done upon said premises contrary to the conditions of the pohcies of insurance upon the buildings thereon, whereby the hazard may be increased or the insurance invalidated. 7. No business contrary to any governmental laws, regulations or ordinances shall-at any time be conducted on the premises, Lessee agrees that Lessor has no responsibility f6r determining that Lessee's use is permitted by zoning or governmental reqfiirements. : 8. The Lessor expressly reserves the right to enter upon the premises at reasonable time for the purpose of maldng necessary inspections, repairs, or to show the same to prospective purchasers or lessees, and may display "For Sale" or "For Rent" cards thereon. 9. In the event of fire or other casualty not due to the negligence of Lessee or his servants, Lessor mat, at his option (a) abate the rent for the portion of the premises unfit for Lessee's use and repair the damage, or (b) terminate the lease. 10. In the event the premises or any part thereof are taken or condemned for public or quasi public use, this lease shall, as to the part so taken, terminaie as of the date tide shall vest 'in - the condemnor. The Lessee waives all claims against the Lessor by reason allowed Lessee under the Eminent Domain Code of Pennsylvania. If only part of the premises are taken, the rent shall abate for the portion so taken, or, at Lessor's option, the entire lease may terminate. .. 11. This lease is subordinate to mortgages and other encumbrances now on the pr~nises, as well as any lease or arrangement Lessee waives all claims because of such termination. The Lessee agrees, at Lessor's request to execute subordination agreements to implement or confirm this subordination. 12. If default shall be made in the payment of any part of the said rent after the same becomes due, or in case of a breach of evasion or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the Lessor may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without the process of law, and without giving notice whatsoever. Payment of rent arrears shall not, at Lessor's option, avoid forfeiture. The Lessee waives the usual notice to quit and agrees to surrender, without any notice whatsoever, at the expiration of said term o~' termination of rhls lease as provided herein. 13. In the event of ant default, the Lessor, or anyone acting on Lessor's behalf, may, Without notice or demand, enter the premises, breaking open locked doors of necessary, without liability for prosecution or damages for such entry or the manner thereof, for the purpose of distraining or 1 ~evying and for and for ant other purposes and take possession of and sell all goods at auction after three days notice served in person on the Lessee or left on the premises, and pay the Lessor out of the proceeds. The removal of any goods from the premises, whether by day or by night, without written consent of the Lessor shall be deemed clandestine and fraudulent removal and such goods shall remain subject to distress for a period of ninety (90) days after such removal, wherever they may be found. 14. It is further agreed, that if the Lessee shull become insolvent, make an assignment for the benefit of creditors, commit ant act of bankruptcy, file a voluntary petition in bankruptcy, or an involuntary petition in bankruptcy filed against the Lessee, all the rent reserved for the full term of th.is lease shall become due and collectible, immediately by distress or otherwise, at Lessor's option. 15. The Prothonotary or any attorney of any court of record, is hereby authorized to appear for and confess judgment against the Lessee and in favor of the Lessor for the whole of the said rent, as hereinbefore set forth, with costs, and attorney's commission of fifteen (15%) per cent, or one hundred ($I00.00) dollars, whichever is greater, waiving all ~ghts to strike or open judgment as well as any affidavit of non-military service and further waiving any exemption. The Lessee waives all notice of levy as well as rights to release from levy of any and all real and personal property levied upon or attached. The Lessee further waives all defects or irregularity in the writ of execution, levy or service, as well as all legal and equitable grounds for stay or setting aside of execution. The Lessee agrees that the cost of any bond or security required by the Sheriff for retaining possession of and preserving -. property of the Lessee that has been levied upon shall be taxed as costs. Any cost of moving, selling or storing levied property removed under a writ of possession, ma), at the option of the Lessor, be collectible as rent due. The Lessee waives all notice of sale and all rights to set aside any Sheriff's or executing officer's sale, or make any exception to any Sheriffs or executing officer's distribution. Judgment may be confessed, as aforesaid, from time to time, and such power may be exercised after expiration of the lease and dn~ng any extension of the lease or renewal of this lease. The Lessee waives all requirements of notice of distress and all remedies set forth in the ~'~ndlord and Tenant Act of 1951, or any successor Act of Assembly, as well as all fights to replevin, appeal or writ of certiorari. Lessee further waives the benefit of an appraisement, stay and exemption laws and all bankruptcy or insolvency laws now in force or hereafter passed. Lessee releases Lessor from damages for wrongful entry of judgment, distraint or errors. 16. Upon the breach of any of the covenants or agreements of this lease, or upon its termination by forfeiture, default, or expiration, the Prothonotary or any attorney of any court of record, is hereby authorized to appear for the Lessee and to confess judgment in ejectment against the Lessee and in favor of the Lessor for the leased premises, and the Lessee further authorizes the immediate issuance of writ of possession, or, b] a Justice of the Peace, an order of possession, waiving any notice, hearing, stay of execution or setting aside of execution based on exemption, immunity, or any act of congress or assembly, as well as any defects in the order, writ, or service and ant other legal or equitable grounds and further expressly waives all notice to remove. Should judgment in ejectment be confessed against the Lessee, the Lessee agrees to pay the Lessor an a ' ' ' ttorney s cornnnss~on of $100.00, wbSch sum may be collected as rent due. 17. Acceptance by the Lessor of any of the said rent at any time after the same shall become due, after default has been made in the payxnent thereof, or any failure to enforce any of the fights herein reserved to the Lessor, or ant of the penalties, forfeitures or conditions herein contained, shall not in any way be considered a waiver of the fight to enforce the same, at any time, without ant notice whatsoever, and any attemot to collect the rent by one proceeding shall not be considered as a waiver of the fight to collect the same by any other proceeding, but all of the fights of the Lessor and all forfeitures, penalties, and condifiondsmay be enforced together or successively at the option of the Lessor. 18. Iris further agreed that the terms and conditions of this agreement shan in no way be changed or altered except by writing signed by all the parties hereto. If this agreement is executed by Lessor's agent, Lessee waives any requirement that such agent's authority be in writing. 19. If the lessee shall continue in possession of the premises after the expiration of the terms of this lease, at the option of the Lessor, such holding over may be held and deemed a renewal of this agreement for another like term, the same as though a new agreement, identical with this, had been executed and delivered by the parties heretc~ for a succeeding term. 20. The.conditions of this agreement shall extend to the administrators and executors of all the parues hereto. *Rent will be collected in the full amount on the 1st thru the 5t~ of each month. A late charge of $20.00 will be assessed for all months payments that are not made accordingly. *The responsibility falls on part of the lessee to keep steps and sun:ounding areas dean for personal usage (ice, snow, etc.). *No pets or visitors are not permitted with verifying consent with landlord approval IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have hercmnto set their hands and seals the day and year first above written. Witness: Premises front ~om 2~ floor -29 W~t ShiDDensb~ PA 17257 Rent: $275.00 per month From September lst~ 2001 .Thru .September 30m~ 2002,