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HomeMy WebLinkAbout02-5178 (,OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEASN.. 02-5178 CIVIL TERM NOTICE OF APPEAL Notice is gi"", that the appellant has liled in the above Court 01 Common Pleas an appeallrom the judgment rendered by the District Justice on the date and in the case mentioned below. LA LL CV LT This block will be ~gned ONLY when this notation is required under Po. R.CP JP. No. 1oo8B. This "k>tice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment far possession in this case. Signature of Prothonotary or Deputy I appellant was CLAIMANT (see Pa. R.CP.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after 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 apfJellant was DEFENDANT (see Pa. RCP.JP. No. 1001 (7) in action before District Justice. fF NOT USED, detach from copy of notice of appeal to be served upon apfJellee). PRAECIPE: To Prothanotary Enter rule upon C. 11- e.. L t PI JO A J A ( ) Cr r+- , appellee(s), ta lile a complaint in this appeal 02-5178 c:.;l 'J...1:er'tnameo'appe/ 5) (Common Pleas No. njXx~Ql\U~~X~ ) within twenty (20) days alter service al rule RULE: Ta ( j>., Q l ~ f\lJ 0 A ~f\( HJ ltappellee(S). Name of appeI~s) (1) You are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days alter the date 01 service of this rule upon you by personal service or by certified or registered maiL (2) ~ you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. Date: 1" n.... 0< -..... '",.......... -...... · ...... 0< ff ilk . Oct. 25, 2902 AY ~. 4 of P'tuU Of AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY ,g--'. 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 SS AFFIDAVIT: I hereby swear or affirm that I served D a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) D by personal service D by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee,_._.._ ..__.._._~._ ~, on ___.. .., __ D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ._._ D by personal sorvice D by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME THIS DAY OF WdS' My commission 0;1 -. -,...... 0 c;, ~ c- 1"<1 :?: \ 'l.Jl"':;;': .::::> rpf1:] " . 21~7,:-' -i ~ (.1) )." N -<", U-I . ...... r:C.,i ~j ~-;:;) -J ;<: - '" ~o :J.:: ;~;~j :",:j ~ ~-o ..(~ :r>c - 6fT ~) ~ .. ~ '" ~ - :::J::J -< ~ V ~ '\ ~r ~ ~ - COMMONWEALTH OF PENNSYLVANIA ()J -'J'/7f COUNTY OF: CUMBERLAND Mag Dist. No 09-3-03 OJ Name Hon Address: s,~l'lM\TJ{. PAY ~ ;jl~~,-jM;~LL ST~T, ;.BO~.167 ~~~_;H:QLLY SPRINGS,PA , '~:i Tor""" (717) 486 -7672 :.t7.065. \9 MOUNTAIN CREEK PROPERTIES, L.P. 3 SOUTH 40TH ST. CAMP HILL, PA 17011 THIS is TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF CIVI~M~~~D~SS !.RAUDABAUGH. CARL "1 3,39.Ei. OLD. YOlU\;~. .QlUU.ISLB, PA 17.013 $ L ~ VS. DEFENDANT: NAME and ADDRESS 'MOUNTAIN CREBK PROPERTIES, 3 SOUTH 40TH ST. CAMP HILL, PA 17011 L L.P. "1 ~ . Docket No.: CV- 0000220 - 02 Date Filed: 8/27/02 Judgment was entered lor: (Name) FOR PLATN'!'TFF RarmARAnnJ.J ("ART. [!] [!] Judgment was entered against: (Name) 710 <;0 on: MO~ATN ~RRRK PROPRRTTRR. T. P (Date of Judgment) 10/01/02 in the amount of $ D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D D D Amount of Judgment Subject to AttachmenVAct 5 01 1996 $ Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: (Date & Time) Amount 01 Judgment $ 670.00 Judgment Costs $ 60.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 730.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WiTHiN 30 DA YS AFTER THE ENTRY OF JUDGMENT BY FILiNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIViSION. YOU MUST INCLUDE A COpy OF THIS E OF JUDGMENT/ ANSC T FORM WITH YOUR NOTICE OF APPEAL. Date tD - -3 -6~ate I certify that this is a true My commission expires first Monday of January, AOPC 315-99 , District Justice pr ceedings containing the judgment. , District Justice SEAL (") C <'" ""C.1t? ITI!"; """'7 ~". Zr~,. 0.":- r~( ~C; ':;'.0 --C L." ~ "-, c:: ,. .~ c::> ~-, ..... ''0 U: -~1'.\ N .=i 'T'" =0 -< ,'\'.1' "' c""' ....n.....,......." 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 (d)vI '55 _ /7 ~ Gilll'r7,,-,,,, AFFIDAVIT: I hereby swear or affirm that I served 0.). J,.\I~~ [J'.-a copy at the. Notice 01 Appeal, Common Pieas No. ~~::9L~V).~_, upon t~e"District Justice. designated therein on (date of service) _.;JL~".;,l"~."._' 0 by personal service IB by (certltled) (registered) mall, sender's receipt attached hereto. and upon the appellee, (name).o_C."'..-tL l11JOA ~r..J() rf~_._, on M9~Jo_.' . ?c~ 0 by personal service B1lY (certiJied) (registered) mail, sender's receipt attached hereto. Gand further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed onQ, ..; d :l.?\J'! ~ 0 by personal s~rvice EJ-uby (-certified) (registered) mail, sender's receipt attached hereto. !' - SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME '- F'~' '-; THIS .... ,:....', ......'.'.:r1-........... ..... "^'Y.DF (; (\..}........".7~>. . '~.....).._....i'i,) .'.~ .._L~...:...."'-"~~-~:-...:'~ .. .~..v~ )<----t ..~.; f'; '::. ..~.I(}TARIALSEAl de : ' j d ~!,.''.IJr')lit,t~..I3H.hW'BAKER, N~1ARX ~41.jl(C.. 1.1:,; . '5g~aii;re;.;rqlri;:;?~F~~ \l,1,fi'\J tIIr!Jm;jfJ~Q:~rify '- ................ (~' .~".'" " ., ';Coi.o\priI4, lOO5::, .______J..______:""...::.~:J.~~~_'''~,.~*_:..;._. .........___mn N_=~______:,~.~~,. ---.--------,,~...,,------.',,"---- Title ot official / I ! ,i -lcG~!:,'<,(J\"'~~- Signature oi affiant / ";,,,,-,.r fv1y commission on o 2. ~ -0 ~. ~ ~ ~~~~. :, ~S" <.f' :.( ~~: --0 ~ C ::;; 'J':.O "bO -:: 'J7c. ~ :J\ 2. t~ ~i"_:-'\ ':'~.1 >, )-~ ~"\:(;, ~~J () '~If1" -;:::.. 'E ?l. """-". "" J " - 'I' I'~ ' ." i : 'l:';I.!~ II :i.: i~iiil; lJIli.:l'i ~iili ..D .~.. Iltlil HI M~II ~ ". lCl\RlISlE fA fl013 cO -' .,' 'I . ~1).31 n.30 Lt1 ..D r'- Lt1 ~ t: 'CeT1;".~ : 3 Return Re,:; i]- t' e ru (Endorsement F ~(iU I! cI CI Cl Res.tricte~Oel',\€IY~: _~E CJ (Enaorsement ,Jeqll-"C) Total postagn Ill;.! !~!. U.75 ,- ~O~OO -- n.42 -- CI ~ seiITU;-;'-'- .- c ...""um"....., \n .. CI stree3' Apt. No.; (~. PO I) J. '3 C' ~ cii~ si.te,~i;;(~.. II ..'. l,~i~ :w ~IIII .. '". . . . rn rn IT' cO LI1 postage .Jl ("- certified f';" LI1 ~m lIeoe1P' fee ru (Endorsemenl.IIe<lUlredl g ~oel\VOl'lf'l,e o (Endorsemenl.lIeo,ulredl $ o 'tote! pl)8ll598.- rn LI1 r'I o o r-I CARL L. RAUDABAUGH, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MOUNTAIN CREEK PROPERTIES, L.P.: NO. 02-5178 Civil Term 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, PENNSYL V ANlA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ..........-....-".-.-........ ., CARL L. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MOUNTAIN CREEK PROPERTIES, L.P.; NO. 02-5178 Civil Term Defendant COMPLAINT AND NOW, comes Carl L. Raudabaugh, Plaintiff, by and through Frey & Tiley Attorneys at Law and respectfully states as follows; 1. Plaintiff is Carl L. Raudabaugh, an adult individual, residing at 129 East Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Mountain Creek Properties, L.P., a Pennsylvania limited partnership, having its office and principal place of business at 3 South 40th Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant entered into a written contract entitled "Rental Application, Agreement, and Regulations" dated September 11,2001 for the leasing of an apartment owned by Defendant to Plaintiff, known as 604-B Baltimore Avenue, Mt. Holly Springs, Pennsylvania. A copy of said lease is attached hereto and incorporated herein by reference as Exhibit "A". 4, Pursuant to the agreement, Plaintiff paid to Defendant a security deposit in the amount of $495.00. 4. On or about April 10, 2002, Plaintiff gave written notice to Defendant of his intention to vacate the premises by the end of May, 2002 by hand delivery to Defendant's rental agent, Yvonne Sanchez. 5. Subsequently, Plaintiff was informed by Defendant's rental agent, Yvonne Sanchez, that he would need to vacate the apartment by May 10, 2002 as Defendant had a rental agreement with a new tenant, and that Defendant would be responsible for rent to May 10, 2002. 6. Plaintiff vacated the apartment on May 10,2002, delivered the keys to Defendant's rental agent, Yvonne Sanchez, confirmed that Defendant had a written record of his forwarding address. 7. Defendant has refused to return the security deposit or any portion of the security deposit it is holding. 8. By letter dated June 26, 2002, more than thirty days after Plaintiffs vacating the apartment, Defendant did provide an accounting whereby Defendant claimed a portion of the security deposit for rent owed but Defendant failed to return the balance of the security deposit. 9. Defendant is in violation of the Landlord and Tenant Act, 68 P.S. ~ 250.512(b) for failing to return the security deposit or providing a written list within thirty days of Plaintiff s vacating the apartment. 10. Defendant's violation of the Landlord and Tenant Act, 68 P.S. ~ 250.512(b) as aforesaid results in Defendant forfeiting any rights of Defendant to withhold any portion of the security deposit. 11. Defendant's violation of the Landlord and Tenant Act, 68 P.S. ~ 250.512(b) as aforesaid results in Defendant being liable to Plaintiff for twice the amount by which the sum held as security deposit exceeds the actual damages caused to the apartment. 68 P.S. ~ 250.512(c). 12. The only damages suffered by Defendant was rent for the first ten days of May, 2002 at the rate of $16.00 per day. 13. Plaintiff is entitled to damages as follows: Security deposit Less, 10 days rent Balance of Security Deposit $495.00 ( 160.00) 335.00 x 2 Damages owed $670.00 WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant in the amount of $670.00 plus interest and costs, as stated herein. Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff ~~. Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 By: ~----.-.-.....~._.- I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A ~ 4904 relating to unsworn falsification to authorities. Dated: November 5,2002 c~~. ~J/ Carl L. Raudab gh ""-- - ~.-; ~ r; s-; "TJ ( .~ ~:)i f"_, - .~. J ~:~) I ( :..'] _oj ( ...) Carl Radabaugh: Plaintiff -v- Mt. Creek Properties LP; Defendant A tJSwtf... ~6 C G) 1\.....+ CIVIL ACTION No. 02-5178 '", 1. Admitted: Admitted in part: Unknown in part 2. Admitted 3. Admitted 4. Admitted 4. Admitted 5. Denied: Rental agreement with new tenant to move in June 1 st. Also Denied is claim that Yvonne Sanchez informed Plaintiff to move out by 10 May. 6. Denied 7. Denied: Defendant never refused to return the amount of security deposit actually due the Plaintiff. 8. Admitted 9. Denied: Plaintiff never provided forward address in writing. Defendant is not responsible to provide the list until 30 days after the Plaintiff provides the actual written forwarding address. Plaintiff only provided the forwarding address to Landlord Agent after his original move out date. 10. Denied: Defendant denies that he is in violation of Landlord Tenant Act. 1>1. Pursuant to Denial in Number 10, Number 11 is Denied because Defendant did not violate Landlord Tenant Act. 12. Denied: Damages suffered by Defendant for failure of Mr. Radabaugh to pay the rent is attached on number 13 13. Denied: Pursuant to letter dated June 26, which is within the 30 days after receiving a forward address remains $182.61. See below " a. b. c. Security Deposit: Late Rent May 2002: Lost Rent: $495.00. $25.00 $287.39. Total Due $182.61 New matter Plaintiff violated the lease agreement specifically item number 3 which indicates total deposit, be forfeited if tenant does not occupy the premises for the minimum period. Minimum period being 1 October 01 through 30 September 02. \ 61,,\ lAl'L fY'.'O ! Q I l\JoJo d- -, ll. lOon. 3"5(,<1 (') ~; [:Uj/:' -:~;.; ~. ...<. , V' ~ ~.,.- r:~~~ <:';;: ~.:.... ;'~ ~E~>., :-=j -<: '... c) j.....1 ~ ':",' '^'0 o - ....0 :::.> CERTIFICATE OF SERVICE I ,~~LLtiv€..--- , hereby certify that I s(~rved a true and correct copy of the foregoing document upon the person(s) indicated below, by depositing same in the United States mail, postage prepaid at Carlisle, Cumberland County, Pennsylvania, this ;)..,V day of illll , 2002. ~6 ; 7> Robert G. Frye Esq. 5 South Hanover Street Carlisle, P A 17013 By J ane an ger MCP-LP 3 South 40th Street Camp Hill, P A 17011 (717)737-3369 .;::) . ~ ,-, t\,) .':7.... ;:::i r>..) :, -.- t~,.,? vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL L. RAUDABAUGH, Plaintiff MOUNTAIN CREEK PROPERTIES, L.P.: NO. 02-5178 Civil Term Defendant REPLY AND NOW, comes Carl L. Raudabaugh, Plaintiff, by and through Frey & Tiley Attorneys at Law and respectfully replies to the New Matter of Defendant as follows: 14. Denied. Plaintiff specifically notified Defendant in writing of his desire to vacate the apartment prior to the expiration of the lease. Defendant did not object to Plaintiff's notification and did not at any time suggest that his security deposit would be forfeited if he vacated the apartment prior to the end of the lease. To the contrary, Defendant requested that Plaintiff vacate earlier than he had originally planned to accommodate Defendant's renting of the apartment to a new tenant. WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant in the amount of $670.00 plus interest and costs, as stated in Plaintiff's Complaint. Respectfully submitted, Frey & Tiley, Ar;;' PJain~ . ~ .-t1~ Ro ert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 By: I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: December I 7 , 2002 (7a,p X ~tltLAL 1-- Carl L. Raudabaugh '- "U mfr: 2:::0 :z: c;- Wee,. -<....:: ~C J> ~ ZCi --0 )>c: '"7" ~ (") C s: -OeD rnrr z....') z~-: <n",.~ -4'." /. ~c ~co; 5>c :z =< o >on ---I -', "ii~ --.in t;b ') )..) ;.'~3i ,,,..0 >:;rn ~ Ul -< o N o rr1 r-> N -J ,-, =--r~ ~ :r:; W .. N 0:> .. -.I ~:r; "..,...' ~i:iQ ;;::?B ~rn =':t ?D -< CARL L. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5178 CIVIL TERM HK vs. MOUNTAIN CREEK PROPERTIES, L.P~ Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert G. Frey , counsel for the plainti~in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 670.00 The counterclaim of the defendant in the action is -0- The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Robert G. Frev WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~.~ ORDER OF COURT AND NOW,.J ~~;2'1, foregoing petition, ~_ \.(7 ~ Esq., and 'J:(h1~...,.f/J1t?Y actions) as prayed for. , ~ 200~in consideration of the Esq., ~YJ,~jk . Esq., are appointed arbit~rs in the above captioned action (or PJ. IfINV^1.ASNN3d I ''-',1'1,'''Y'1 nt'\0\.I::;PIAln" /\.1.J .' '-. ' '.', , ~','1 '\I >J S'J:f ~!d 'iZ d3S 80 J.!:i\1lOi'L, 'c,,",':i. . ;JO 30U:{}-()?i":i:! ~ ~ \;;J L, _?- ~ 0 "" .1 t' ~ v\ "<\ -..J ") ..'\ r-, 'c vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL L. RAUDABAUGH, Plaintiff MOUNTAIN CREEK PROPERTIES, L.P. : Defendant NO. 02-5178 Civil Term PRAECIPE TO SATISFY To: The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please mark the above-captioned action" Satisfied." Frey & Tiley, Attorneys for Plaintiff By:~-A- Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 / C) c_-= ....., c.:.> <= en o C) -I Q .. N S"-:)