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HomeMy WebLinkAbout02-4998CO~MONWE~ALTH OF PENNSYLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nc~ 02___-_4998 Civil Term NOTICE OF APPEAL Notice is given that the appellant has fi~ed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below. CV This block wlll be signed ONLY when this notation is required under Pa. R.C.P.J.P. 1008B, This Notice of Appeal, when received by the District Justice, will operate as a If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 ( 6 ) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after SUPERSEDEAS to the~[udgment for pgsselsion in this case r,, , · ' ~ ' filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE Enter rule upon (Common Pleas (This section of foffn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.RJ.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 Prothonotary ~ ~j '~ , appellee(s), to file o complaint in this appeal 0 2 -4 9 9 8 Civil Term ) within twenty (20) days after service of rule or suffer, entry of judgment of non pm~ , appdlee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days ofte~ the date of secvice of this rule upon you by personal service or by certified or regis~ed mail (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ' was by mail is the date of mailin/~,,~ / Date: Oct. 16,, 2002 COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WiTHIN TEN (10) DAYS AFTER fit~ng the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal Common Pleas No. __ upon the District Justice designated therein o,r~ (date of service) ~ ~ ~ P~i~n~i-~ivice [] by (cedi ed) (registered) mail. senders ieceipt attached ~i~t~ ~U~-~ i~p~ell~i ~,,~i' .... ,~E~:,_by?rso,na.l ~ervice'-~ ~? i~'i:(i-~) ~:;g~tei~di~-n~'I ~d~r'~'~: [] and further that I served the ~ie ,u r,ea L. omplain[ accompanying the above Notice of Appeal upon th~e~,~pP[elT~'~.~7~(~ the Rule was addressed on mail. sender's receipt attach~'-heTet(~i [~ by personal service [] by (certified) 'r ( eg stered,, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ...... DAY OF My corem ssion expires on COUNTY OF: CUMBERLAND ~Mag Dist No: 09-2-01 DJ Name Hon ~ ....1 cOURTHoUSE SQUARE CARLISLE, PA Te,ep,o~e: (717) 240--6564 17013--0000 F, ATTHEW J. W~ITE 131 S PITT ST CARLISLE, PA 17013 PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS ~PUTT, ROBERT E. 4 MIDLAND DRIVE MT HOLLY SPRINGS, PA 17065 L. VS. DEFENDANT: NAME and ADDRESS FW~ITE, MATTHEW J. CARLISLE, PA 17013 L THIS IS TO NOTIFY YOU THAT: Judgment -- FOR pLAT~'TIFF, [~ Judgment was entered for: (Name) PUTT, 'kOBERT E. Judgment was entered against W~ITE, MA.j.-j..~j~' j. Landlord/Tenant action in the amount of $ 318.1_~_9 on _~0/07/02 The amount of rent per month, as established by the District Justice, is $ The total a___~mount of the Security___Deposit is $__ .00 lDocket No.: LT-0000404-02 l',~~ Date Filed: 9/24/02 in a (Date of Judgment) .00 Total Amount Established by D _ Security Deposit A I d =$ Adjudicated Amo,u(~b Rent in Arrears $_ J. 0~)ess~; .p~ = Physical Damages Leaseho d Property $_ 236.71-$ .00 = $ 236.71 Damages/Unjust Detention $ ~ I)0 - $ .00 - $ Less Amt Due Defendant from Cross Complaint -- $ .00 Interest (if provided by lease) $ . ~-~ Attachment Prohibited/ ' 'L/T Judgment Amount $ 236. "71 Victim of Abuse (Act 5, 1996) Judgment Costs $ Attorney Fees $ . [~ This case dismissed without prejudice. Total Judgment $ 318.19 ~] Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ---J Possession granted if money judgment i~ ct sat~shea Dy [~me Of eviction. ~--~ Possession not granted. ~ Defendants are jointly and severally liable. __ ~/~ Levy is stayed for days or I~ genera!fy stayed. I--'~ Objection to Levy has been filed and hearing will be held: II Date: Time: IN AN ACTION INVOLVING A RESIDENT AL LEASE ANY P~ , ~,.. n.: ~nc ~I'~HT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITH N 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, F 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 N ARREARS ON THE DATE THE APPEAL I IF A PARTY WISHES TO APPEAL ONLY Tu~ '"' ............. S FILED. r~= rVi',.~i'iCT ;"tJH/FJN 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, C V L DIVISION. ..--. ~' THE PARTY FILING AN APPEAL MUST. INCLUD~ A COPy~)PI'FiF~J~TJ~E OF JUB~MENT/TRA~CRtPT FORM WITH THE NOTICE OF APPEAL ~y~commissio, expires firs~"Mond~v of Januam ~l~n-'~"~;"~ ' \ ':~'~^ °" ' ~' ...... , SEI~L PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fihng the not[ce of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF.~. ~_.~ ;SS AFFIDAVIT: ~ hereby swear or affirm that I served ~ copy of the. Notice of A?eaL Common Pleas No..~_~ ~__ 2 ...... upon the Distdct Justice designated therein on /;~;~o~fa~~; ;~--~~--~~}_, ~ ~¢So,~I se;ice ~ br (ced fled)(registered)mail sender's · - Ec_&~, ~ ers ' - : :. :' .... ¢~ .................... on ~rthe, that,-s~r;;~d ,~"~'~e ,~om°~;lnt~rvlce ~ by (certified)(registered)mail, sender's rece pt , P ecompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed o, %~~ Z4, , ~, ~'5¢ personal service U by (certified)(registered) mail, s~,der's receipt ~ttach~d ¢~eret~- . SWORN (AFFIRMED) ANb SUSSCR~BED ~ccr~ ~.~. ....... / ] Carlisle Boro,~Cumbertand Couniy ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, V. MATTHEW J. WHITE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4998 :CIVIL ACTION-LAW 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 an 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, Pennsylvania 17013 (717) 249-3166 ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, V. MATTHEW J. WHITE, Defendant. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 :CIVIL ACTION-LAW COMPLAINT NOW, come Plaintiffs, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Complaint and, in support thereof, set forth the fbllowing: 1. Plaintiffs are Robert E. and Mafalda Putt, husband and wife, who are adult individuals with a residence address of 4 Midland Drive, Mt. Holly Springs, Pennsylvania. 2. Defendant is Matthew J. White, an adult individual residing at 131 South Pitt Street, Carlisle, Pennsylvania. 3. Plaintiffs are the owners of certain real property known as 131 South Pitt Street, Carlisle, Pennsylvania. On or about July 1, 2001, Plaintiffs and Defendant entered into a lease agreement whereby Defendant would lease from Plaintiffs property known as 131 South Pitt Street, Carlisle, Pennsylvania. A true and correct copy of the Lease Agreement is attached hereto as Exhibit "A" and is incorporated. 4. The Lease Agreement expired June 30, 2002 and the parties agreed to continue the lease on a month-to-month basis with Defendant to pay the sum of $350.00 per month to Plaintiffs the first of each month. 5. After the parties agreed to continue the lease, Plaintiff discovered that Defendant had damaged the property. These damages included, but were not limited to, the following: a) broken glass in screen door; b) broken storm window glass; c) accumulation of rubbish and trash in premises; and d) large holes in drywall. 6. Plaintiffs have made demand upon Defendant to pay for the repair of the property. Defendant has failed and refused to pay for the damages to the property. The estimated cost of repair is $236.71. 7. Defendant has failed to pay rent due and owing for the months of October and November, 2002 in the amount of $350.00 per month and a $25.00 late fee for each month. at length. 9. COUNT I BREACH OF CONTRACT Robert E. and Mafalda Putt v. Matthew White Plaintiffs incorporate paragraphs one through seven by reference as though set forth Defendant has breached the lease agreement by failing to pay the rent and late charges due and owing, failing to maintain the property in good condition, damaging the property as aforementioned and otherwise failing and refusing to abide by the terms of the lease agreement. 10. Plaintiffs have made demand upon Plaintiff to remove himself from the property which he has failed and refused. WHEREFORE, Plaintiffs request judgment in their favor and against the Defendant as follows: 1. 2. Recovery of the sum of $236.71 for damages to the property; Rent and late charges for the months of October and November, 2002 in the total amount of $750.00 plus any additional months coming due to the date of award; 3. Possession of the property; and 4. Costs and expenses of this action. Respectfully submitted, O'BR1EN, BARIC & SC RER David A. Baric, Esquire 1D#44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION We, Robert E. and Mafalda Putt verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Robert E. Putt ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, V. MATTHEW J. WHITE, Defendant. iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 :CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that on November 12, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew J. White 131 South Pitt Street Carlisle, Pennsylvania 17013 David A. Baric, Esquire Attorney for Defendant Date: November 12, 2002 ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, Vo MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW MOTION FOR REI,EASE OF MONTHLY RENTAL PAYMENT NOW, come Plaintiffs, Robert and Mafalda Putt, by anti through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Motion for Release of Monthly Rental Payment and, in support thereof, set forth the following: 1. Plaintiffs initiated a Landlord/Tenant action with District Justice Paula Correal. 2. By decision dated October 7, 2002, District Justice Correal awarded Plaintiffs the sum of $318.19 and possession of certain real property known as 131 South Pitt Street, Carlisle, Pennsylvania. Docketed to No. LT-0000404-02. 3. Defendant filed an appeal from the District Justice decision with the Prothonotary of Cumberland County docketed to No. 02-4998. 4. In accordance with Pa.R.D.J. 1008 B., Defendant has deposited with the Prothonotary, monthly rental payments for the months of October and November, 2002. 5. Pursuant to Pa.R.D.J. 1008 B., Plaintiffs may request release of appropriate sums from the escrow account on a continuing basis. 6. As of the date hereof, Defendant remains in possession of the premises at 131 South Pitt Street, Carlisle, Pennsylvania. WHEREFORE, Plaintiffs request that this Court direct the Prothonotary to release to Plaintiffs the monthly rent paid in for the month of October, 2002 and for each month completed while Defendant remains in possession of the property pending resolution of the matter upon certification by Plaintiffs that Defendant has remained in possession. Respectfully submitted, ~~O'BRIEN' BARIC & ~R David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-61873 Attomey for Plaintiffs dab.dir/litigation/putt/rentpayment.mot CERTIFICATE OF SERVICE_ I hereby certify that on November ~}x ,,2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion For Release Of Monthly Rental Payment, by first class U.S. mail, postage prepaid, to the party listed below, as follows~.: Matthew J. White 131 South Pitt Street Camp Hill, Pennsylvania 17011 Dm~id A. Baric, Esquire LORI RANCK, Plaintiff CHRISTOPHER RANCK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 02-864 : : IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the undersigned counsel, and in support of this Motion to Make Rule Absolute avers as follows: 1. On October 23, 2002, the Court issued a Rule to Show Cause upon the Plaintiff, Lori Ranek, to show cause why the Plaintiffs Attorney is not entitled to withdraw as counsel t~om the above captioned matter. 2. Paragraph two (2) of said Rule states as follows: "The Plaintiff shall file an answer to the petition within twenty (20) days of service upon her or an order will be entered upon motion allowing withdrawal of counsel." 3. The Rule and Motion to Withdraw were served upon Plaintiff by First Class Mail on the days they were filed. 4. Plaintiffhas not filed an answer in excess of twenty (20) days. WHEREFORE, the undersigned counsel respectfully requests that he be authorized to withdraw as counsel for Plaintiff by filing a Praecipe with the Prothonotary. Respectfully submitted, Mark F. Bayley, Esquire 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D.# 87663 PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon Plaintiff and upon counsel of record by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Loft Ranek 6114 White Church Rd. Shippensburg, PA 17257 Sally J. Winder, Esquire 9974 Moll)' Pitcher Highway Shippensburg, PA 17257 Attorney for Defendant Mark F. Bayley, Esquire ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO AMEND CERTIFICATE OF SERVICE TO THE PROTHONOTARY: Please file this amended Certificate of Service in the above-referenced case on behalf of the Plaintiffs, Robert E. Putt and Mafalda Putt. Date: ~~d~O'BRIEN' BARIC & SC~/~? David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on November 25 ,2002, I, David A. Badc, Esquire of O'Brien, Bade & Scherer, did serve a copy of the Praecipe To Amend Certificate of Service and the Motion For Release Of Monthly Rental Payment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew J. White 131 South Pitt Street Carlisle, Pennsylvania 17011 David A. Baric, Esquire dab.dir\litigation\putt~amend.pra Matthew J White, Defendant, Vs. Robert E. Putt and Mafalda Putt, Husband and wife Plaintiffs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL ACTION-LAW DEFENSE STATEMENT I am typing this letter on behalf of myself. I am defending myself for this lawsuit due to my incapability for funds to afford a lawyer at the present time. Unfortunately even though I find it unfair to charge me court costs for this matter (considering all payments and damages are caught up and taken care of) I suppose I will have to give you information on behalf of myself so I don't have to sleep on a street comer. Plaintiffs stated that they demanded me to pay for the damages to the building I am reciting in for the amount of 236.71. Plaintiffs also stated that I failed and refused to pay for this. In the receipts that I have sent with this defense letter you will see that I did in fact pay for the damages about a month or more prior to the letter I received of these false accusations...??? Also they filed in the letter another false accusation of not paying the October rent. Apparently the attorney that is representing them needs to read his legal documents more thoroughly considering his information he ihas filed or maybe it's just his way of perhaps getting money that doesn't belong to hirn. Besides all these accusations I just want to point out that I am sending all receipts of my payments including November rent to the court house so that hopefully the next time I get something from Robert E. Putt's attorney it will be professionally handled so I don't have to worry about being mislead. I just hope for everyone's sake that the attorney representing Robert E. Putt does indeed have a license for I have read over the information pertaining to me and I have found numerous things that are faulty and I would wish to get this settled and out of the way as soon as possible so that I don't have to continue to pay for this out of my own pocket and also so I can (instead of paying court costs) save some money so I can leave the premises as soon as possible. I hope this is a suitable defense claim on my behalf and I hope to hear t~rom the parties as soon as possible. Thank you very much for reading this letter and have a nice day .......... Sincerely, Matthew J White ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW RULE TO SHOW CAUSE AND NOW, this ~ ~,~ day of 15c~ ('. r ~ ~'¢ ) _, 2002, upon consideration of the Motion For Release Of Monthly Rental Payment, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable [ ~[ days from service. BY THE COURT, David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Matthew J. White 131 South Pitt Street Carlisle, Pennsylvania 17013 l¢-03 -0& ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW MOTION TO MAKE RULE ABSOLUTE NOW, come Plaintiffs, Robert and Mafalda Putt, by and 'through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Motion to ]Make Rule Absolute and, in support thereof, set forth the following: 1. On November 22, 2002, Plaintiffs file a Motion tbr Release of Monthly Rental Payment in the above matter. A true and correct copy of the Motion is attached hereto as Exhibit "A" and is incorporated. 2. This Court, Oler, J., issued a rule to show cause why the Motion should not be granted dated December 2, 2002. The rule was returnable fourteen (14) days from service. A true and correct copy of the rule is attached hereto as Exhibit "B" and is incorporated. To the date hereof, no response has been filed by the Defendant to the rule to show cause. 4. 5. Defendant continues to remain in possession of the leased premises. Defendant filed his appeal from the District Justice decision with the Prothonotary on October 16, 2002. 6. Pursuant to Pa.R.D.J. 1008 (B), the Defendant is required to pay into the prothonotary the monthly rental amotmt every thirty (30) days from October 16, 2002. WHEREFORE, Plaintiffs request that the role be made absolute and this Court issue an order directing the prothonotary to release to Plaintiffs the rent paid by Defendant for the months of October, November and December, 2002 and to release future payments to Plaintiffs upon monthly certification by Plaintiffs that Defendant remains in possession. Respectfully submitted, _. O'BRIEN, BARIC & SC3t~R David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pe~msylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/iitigation/putt/absolute.mot ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, Vo MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW RULE TO SHOW CAUSE AND NOW, this __ day of ., 2002, upon consideration of the Motion For Release Of Monthly Rental Payment, a role is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable days from service. BY THE COURT, David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Matthew J. White 131 South Pitt Street .. Carlisle, Pennsylvania 17013 EXHIBIT "A" ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM NOW, come Plaintiffs, Robert and Mafalda Putt, by and 'through their attome cD rid MATTHEW J. WHITE, · CIVIL ACTION-LAW "~ Defendant. : MOTION FOR ~LEASE OF MONTHLY ~NTAL ra__.___. O'BRIEN, BARIC & SCHERER, and file the within Motion for' Release of Monthly Rental Payment and, in support thereof, set forth the following: 1. Plaintiffs initiated a Landlord/Tenant action with District Justice Paula Correal. 2. By decision dated October 7, 2002, District Justice Correal awarded Plaintiffs the sum of $318.19 and possession of certain real property known as 131 South Pitt Street, Carlisle, Pennsylvania. Docketed to No. LT-0000404-02. 3. Defendant filed an appeal from the District Justice decision with the Prothonotary of Cumberland County docketed to No. 02-4998. 4. In accordance with Pa.R.D.J. 1008 B., Defendant has deposited with the Prothonotary, monthly rental payments for the months of October and November, 2002. 5. Pursuant to Pa.R.D.J. 1008 B., Plaintiffs may request release of appropriate sums from the escrow account on a continuing basis. 6. As of the date hereof, Defendant remains in possession of the premises at 131 South Pitt Street, Carlisle, Pennsylvania. WHEREFORE, Plaintiffs request that this Court direct the Prothonotary to release to Plaintiffs the monthly rent paid in for the month of October, 2002. and for each month completed while Defendant remains in possession of the property pending resolution of the matter upon certification by Plaintiffs that Defendant has remained in possessiion. Respectfully submitted, O'BRIEN, BARIC & SCH~R.ER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Permsylvania 17013 (717) 249-6873 Attorney for' Plaintiffs dab.dir/litigation/putt/rentpayment, mot CERTIFICATE OF SERVICE I hereby certify that on November ~ ,,2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion For Release Of Monthly Rental Payment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew J. White 131 South Pitt Street Camp Hill, Pennsylvania 17011 David A. Baric, Esquire NOV 2 5 2002 ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW RULE TO SHOW CAUSE ANDNOW, this ~X,lh-~ dayof b ~_Ot%ln'~[3~l~ _,2002, uponconsiderationof the Motion For Release Of Monthly Rental Payment, a role is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 1 4 days from service. BY THE COURT. David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Matthew J. White 131 South Pitt Street Carlisle, Pennsylvania 17013 Tt~:UE COPY FRoM RECORD tn T .:;~:mony whereof, I here unto set my hand end ~ seal of said Coutl ~ Carlisle, Pa. -"/ .... .... EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on December 20, 2002, I, David A. iBaric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion to Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew J. White 131 South Pitt Street Camp Hill, Pennsylvania 17011 David A. Baric, Esquire ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW ORDER ANDNOW, this Z(:-/~ dayof ~'~( c-~,¢~ ,200.L, upon consideration of the Motion to Make Rule Absolute, the Prothonotary of Cumberland County is directed to release to Plaintiffs, Robert and Mafalda Putt, the escrowed rant paid by Defendant, Matthew J. White, for the months of October, November and December, 2002 and thereafter the Prothonotary shall release monthly rent payments paid into escrow by Defendant, Matthew J. White, upon the Prothonotary receiving a certification by Plaintiffs, Robert and Mafalda Putt, that Defendant, Matthew J. White remains in possession of the rental unit which is the subject of this matter. BY THE COURT, j. 1:2-30-O ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW o show cause. 4. 5. MOTION TO MAKE RULE ABSOLUTE NOW, come Plaintiffs, Robert and Mafalda Putt, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Motion to Make Rule Absolute and, in support thereof, set forth the following: 1. On November 22, 2002, Plaintiffs file a Motion for Release of Monthly Rental Payment in the above matter. A true and correct copy of the Motion is attached hereto as Exhibit "A" and is incorporated. 2. This Court, Oler, J., issued a rule to show cause why the Motion should not be granted dated December 2, 2002. The rule was returnable fourteen (14) days from service. A true and correct copy of the rule is attached hereto as Exhibit "B" and is incorporated. To the date hereof, no response has been filed by the Defendant to the rule to Defendant continues to remain in possession of the leased premises. Defendant filed his appeal from the District Justice decision with the Prothonotary on October 16, 2002. 6. Pursuant to Pa.R.D.J. 1008 (B), the Defendant is required to pay into the prothonotary the monthly rental mount every thirty (30) days from October 16, 2002. WHEREFORE, Plaintiffs request that the rule be made absolute and this Court issue an order directing the prothonotary to release to Plaintiffs the rent paid by Defendant for the months of October, November and December, 2002 and to release future payments to Plaintiffs upon monthly certification by Plaintiffs that Defendant remains in possession. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/litigation/putt/absolute, mot ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW RULE TO SHOW CAUSE AND NOW, this __ day of ,2002, upon consideration of the Motion For Release Of Monthly Rental Payment, a role is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable days from service. BY THE COURT, David A. Baric, Esquire O'Brien, Baric & Schemr 17 West South Street Carlisle, Pennsylvania 17013 Matthew J. White 131 South Pitt Street Carlisle, Pennsylvania 17013 EXHIBIT "A" ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CZ_ MATTHEW J. WHITE, : CIVIL ACTION-LAW miS:ar Defendant. : 2: :v MOTION FOR RELEASE OF MONTHLY RENTAL PAYMENT~ ~ NOW, come Plaintiffs, Robert and Mafalda Putt, by and through their attome3~ O'BRIEN, BARIC & SCHERER, and file the within Motion for Release of Monthly Rental Payment and, in support thereof, set forth the following: 1. Plaintiffs initiated a Landlord/Tenant action with District Justice Paula Correal. 2. By decision dated October 7, 2002, District Justice Correal awarded Plaintiffs the sum of $318.19 and possession of certain real property known as 131 South Pitt Street, Carlisle, Pennsylvania. Docketed to No. LT~0000404-02. 3. Defendant filed an appeal from the District Justice decision with the Prothonotary of Cumberland County docketed to No. 02-4998. 4. In accordance with Pa.R.D.J. 1008 B., Defendant has deposited with the Prothonotary, monthly rental payments for the months of October and November, 2002. 5. Pursuant to Pa.R.D.J. 1008 B., Plaintiffs may request release of appropriate sums from the escrow account on a continuing basis. 6. As of the date hereof, Defendant remains in possession of the premises at 131 South Pitt Street, Carlisle, Pennsylvania. .~< WHEREFORE, Plaintiffs request that this Court direct the Prothonotary to release to Plaintiffs the monthly rent paid in for the month of October, 2002 and for each month completed while Defendant remains in possession of the property pending resolution of the matter upon certification by Plaintiffs that Defendant has remained in possession. Respectfully submitted, O'BRIEN, BARIC & SCH/F3RER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/litigation/putt/rentpaym ent. mot CERTIFICATE OF SERVICE I hereby certify that on November ~'~ ,.2002, I, David A. Baric, Esquire ofO'Brien, Baric & Scherer, did serve a copy of the Motion For Release Of Monthly Rental Payment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew J. White 131 South Pitt Street Camp Hill, Pennsylvania 17011 David A. Baric, Esquire ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW RULE TO SHOW CAUSE AND NOW, this glq_t:}day of h_ ~O to.l'r~13~ ~ ,2002, upon consideration of the Motion For Release Of Monthly Rental Payment, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 14 days from service. BY THE COURT, David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Matthew J. White 131 South Pitt Street Carlisle, Pennsylvania 17013 TRUE COPY FROM RECORD tn T .:~t:mony whereof, I here unto set my hand and ~Jl~ seal of said Corn1 a4 Carlisle, Pa. / Pr6thonotary t [3 CERTIFICATE OF SERVICE I hereby certify that on December 20, 2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion to Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Matthew J. White 131 South Pitt Street Camp Hill, Pennsylvania 17011 David A. Baric, Esquire ;30/.,,3'-/- 3~'. I c) ' l~OCt O& .3'Z~.O0 - De f't" I$1 b ~,~' 3?5.00 ' 08152802202003 Cumberland County Prothonotary~s Office Pa~e ~ PYS405 Manual Release Check Regmster 2/2~/200~ Escrow Tran Date Distribution Case No Accounting Amount Date Release 3832 PUTT ROBERT AND MAFALDA Check Date: 02/20~$$~ ~ ~[[ ~ RENT 2002- 04998 PYMT/CASH 375.00 2/14/2003 Payee total: 375.00 Grand total: 375.00 ROBERT E. PUTT and MAFALDA PUTT, husband and wife, Plaintiffs, MATTHEW J. WHITE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4998 CIVIL TERM CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGE OF SAID COURT: David A. Baric, Esquire, counsel for the Plaimiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $318.19 and possession. The following attorney of interest in this case as counsel or otherwise disqualified to sit as arbitrator: David A. Baric, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted.  ~pectful l~n~' ~ David A. Baric, Esquire ORDER OF COURT AND NOW, th~ ///jrt~ day of ~Fz~t~ __, 2003, in consideration foregoing petition,_~ --~~\ , -3' Esquire, ,~Es~i~ ~e -,Esquire, t~__~_;;.._ _aS(d,'J~_ appointed arbitrators in the above captioned action as p~yed for. By the C( P.J. dab.dir\litigation\putt~arbitration.pra © CT.. 'V -~ : OATH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 ~[-" "{'~ TERM We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will chute duties of our office with fidelity. ~ .~.~_ ,..~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: ~ote: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (insert nam~ble.~'~ Date of Hearing:' '")/[,.~O.,b Date of Award: ")/'-~--:~>_~~: C'hairman..~.~iIL NOTICE OF ENTRY OF AWARD day of(~. , 200.3 , at q: ¥3~, ,q .M., the above award Now, the was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be Paid upon appeal: ~othonota~y CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 PAY TO TH E ORDEROF ~obc='~ '~. Pt]tf mnc] Iv~fmld.~ ~]J-'l- P.R 0 THOI~O T~R R Y 0 ~'U ilO). ~UU CT:~ 1360 3~3 8 ~ ~003 350.00 DOLLARS BANI< 02-4998 "monthly rent" I:O % ;, 3 & 50 5r:': 09271007172003 Cumberland County Prothonotary's Office Pa~e 1 PYS405 Manual Release Check Register 7/17/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release 3832 PUTT ROBERT AND MAFALDA Check Date: 07/17/2003 Check No.: 1360 RENT 2002- 04998 PYMT/CASH 350.00 7/03/2003 Payee total: 350.00 Grand total: 350.00 PAY TO THE ORDER OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 ~:)b~rt E. ~ ~'l:altla l~]ff 02-4998 'rel~ ~t' i ~tt ~ ,:0 ~, I, 3 ~, 50 3&,: 1,08, 136 [ $375.00 00~ 13204008132003 PYS405 Distribution Cumberland County Prothonotary's Office Manual Re±ease Check Register Escrow Case No Accounting Amount Pa~e 1 8/13/2003 Tran Date Date Release 3832 PUTT ROBERT AND MAFALDA Check Date: 08/13/2003 Check No.: 1369 RENT 2002- 04998 PYMT/CASH 375.00 8/13/2003 Payee total: 375.00 Grand total: 375.00 NO. In ~the Court of Common Pleas of Cumberland County, Pennsylvania 0~- 5t~q~ Civil. IS To Prothonotary / ~? ~ forPlaintiff No. Term, 19 ~ vs. PRAECIPE Filed 19 , Atty.