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Home My WebLink About00-02752 "-"'C.,.,--!,..,_'_"~O"""""'"''-'''''C"''' , -""..-f~",,,"_ ,L>,-~,"--,,=01"'...1!O""~J ~",j.''''''--'''-'o<''d<'' ,-",""",>""~",,,,,,~,-,,@1;"""'W;,,,,"~'i!li,ft'-'!l>l~~~~)l,~~"~~!ri~""'f- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PlEAS of Cumberland County JUDICIAL DISTRICT Ninth NOTICE OF APPEAL FROM 5'_ '1- au DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. tJv _ :l 75,;L ~ ( .u-- NOTICE OF APPEAL Notice is given that the appellant ha.s filed in the abave Caurt af Camman Pleas an appeal from the judgment rendered by the District Justice an Jhe date and in the case mentioned belo~ NAME OF APPEllANT Aleta Estall Taylor MAG. DIST. NO OR NAME OF OJ. 09-3-01 ADDRESS OF APPELlANT 317 Farmington Drive DATE OF JUDGMENT IN THE CASE OF (Plaintiff) OrY Shippensburg STATE ZIP CODE 17257 PA April 5, O.AIM NO. 200U Farmington Manor (Defendant) ~ Aleta Estall Taylor SIGNATURE OF APPELLANT OR HIS ATTORN OR AGENT ~ CV II> LT 19 This black will be signed ONLy when this nOtatian is required under Po. R.cP J.P. No. 1008B. This Notice af Appeal, when received by the District Justice, will aperate as a SUPERSEDEAS lathe judgment far pdssessian in this case. )Y"'UCJ Signature af Prothanatary ar Deputy If appellant was CLAIMANT (see Pa. R.GP.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 appellant was DEFENDANT (see Pa. HCP.JP, No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee). PRAECIPE: To. Prothanatary Enter rule upon Farmington Manor Name of appe/lee(s) (H). .;L75~ ~r;._ ) within twent y(20) day ,appellee(s), ta file a complaint in this appeal (Camman Pleas No. ~ af (j: SUf~ucIgment af non pro~ S!gnature of appellant or his attorney or agent David B. Perk~ns, Esquire Attorney I.D. No. 34342 RULE: To. Farmington Manor Name of appelfee(s) , appellee(s). (1) Yau arenatified;that a rule is hereby entered upan yau to file a camplaint in this appeal within twenty (20) days after the date af service aft~isrule uPon you bt pers"'1~1 service ar by certified ar registered mail. (2) If, you da~at file<icompl~iht within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The date ;'f service af this rule if service was by mail is the date af mailing. Date: ~1l.{ ,w~ 0. ",,- {2 I "n1.(~6.-, ~~ Signaf1!re of y 01 Deputy AOPC 312-84 COURT FILE TO BE FILED WITH PROThONOTARY ;ii"",,I',(,;;;,j ",,~A,'~ l;"',~",;J;,,'" '\' ,",-:., - """,,,,;,--\ ~,LA-;-i,' -'I~.~I-~\~~1i!I.ll LlLmJi>Milt','iM#"..~H',~""--!-,;,,,, ",,'J. , ~..),c".- -"'~'""""w"i@jifi~~:~'j',:";,,,0~Ff!i;1:liii"'<i'ill:~~liN~"llii}~~B: ~ -~\ . PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER liling the notice 01 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~ol service) ,19~, D by personal service D by (certified) (registered) mail, send,er's. receipt attached hereto, and upon the appellee, (name) ~, on ,19 n by personal service 0 by (certified) (registered) mail, sender's receipt attache.d her,el". D and further that I served the Rule to File a Complaint accompanying the above Notice o'IAppeal upon the appelleefs) to whom the Rule was addressed on , 19~ D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19._ Signature ,of affiant Signature of official before whom affidavit was made Title 'of offici a! My commission expires on .19_. [;, :T\ :"D Q <:::> ......... 0 ......-S: __ v (J] E.: ronj M-!i' f26 :gO ,ii:- . ~O !i W =<!' g:, li? :r.. "F1c'~ .T~.. _ -1 '. ,~ is ~ --j . ?is o . ~. ....; " -- ~"" . ~"""--'~. ~.. 4-13-200 1,40PM FROM WEIGLE, PERKINS ASSOC 532 6552 P.2 CUMMUNWI:AL I H Ufo I'I:.NN$Y~VANIA, NOTICE. OF. JUDGMENTITRANS'CRIPT ;, .. COUNTY OF: ctJMBBRtoAND ./ M>9"".N~ ~LAINTIFF; RESIDE!tl!~100.fe5~ASI; 09-3-01 'FARMINGTON'. MANOR . '~ OJ NOm.: Hon . 3.l)3 '. l"~NGTON .DRIVE, . .... HAROLDE..:9BNDER;" .... S81I,'P._., .S,BtJR... G. ,PA.. 172!?7. .....'i ',' .'r:., . . . ',' . '-0;>"'81 WALN'O'l'lK)TTOif ~'" . '- "'?<n:~~;i~\';:~~~~t~jl:~~~~,,;~'\J"::'::,'~.'.'.,.,,~:,:~':;i"i':"'" .,":.. ,"'{:< "', ." V.S*" ' "l,f". j, . .' '(.~Pn9,;{(7-1"H 532 -7670' . >.j,,7257 ~ 0361 '.... ...;....~,T~.E,.~;HIF,~7'I'.N:p,.D,;. '~S'.ALE'rB~...:UR~G.. .~...:.. ~~p.'..,:.~:.S,~.~R:"""..1U....l: .7~~2..~..~'.5:..;7.~'::'.'...:,'.:";.:'::..'.~:. ',:,:::.'.'.'. ,.,:.::.,~i.t.'.:',i~. i...'.'.:.;...:.i.,::.':..:,'.~'_:';,,:, ',;'::::' "~.",," ~"""-:"''''';~':':''';''''''''''''\''~' ~:.' '::'''''''1':.'''';" ",',1'.: ...\.."."...:,:-:',~ './\.1-,.....". 6:AA.IP.l.LJlIU..V.IIlI ,. '?J. ',' '~. .",'. L .~ - .,~"S, ALBTA :E."TAYLOR 317 . FARMINGTON DR . SB1PPENSBURG~ PA 17257 Docket No.: LT- 0.000'059 - 00 . Date Filed: 3/14/00 THIS ISIO NOTIFY ~U THAT: . '. ""- ' t!J t~~'e~:;wa~~~ier;X; fcit;':""'(rJ~~~i'::~r:I:NoR 0.. . D' Judgment was entered agailJsi' TAYLOR. ALETA ESTALL LAi LandlordlTenant action iri/he amount of'$ .. . ,858.100n 4/05/00 The amount of rent per m~nth, as established by the District Justice, is $ The total amount of the Securi Deposit is $ . .00 ~ .. Total Amount Established blL DJ less. Security Deposit APll.Ii~d . ~ AdjUdicated.ArriouDt . Rent In Arrears . .' . '. .' $ . . .783 .00 - $ . . . DO ~ $' '783.00 '. Physical Damages Leaseh.oldpropeny $; 00.$.00.' $. . ":" '00 DamageslUnjustDetention',". .....$. ':00..$ ',.' .,..' 00'-$." 00 " ..' :LessAmtDtJe Delendanti.rom.CrosS ,Cqmplain( -:,$'.. . ., '~ 00:, . . . . ':. ....' Interest.(if,providedby.lease).....$,,:;,....' '.'... ,:,; O'O.i' '. . . ... :'::;J:;~~,"~~~~~()li~(:::;':'>\l ,:~:",:,/~~::~~,:; ',' :......'Attorney.Fees". '$ ":'::00":' ',,:.",, . Total Judgment $,858;10 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total. $ . Possession granted if money judgment is no sa I Ie y Ime 0 eVlc IOn. Possession not granted. " _'. .. . . . D Defendants are jointly and severally liable. .:. levy is stayed for; d<l~s.9r:[:;r9""e7allyslayeij: .(., i;f,. ":: .;,,;: '..' Objection:to Levy hasbeen.filed and hearing will be held: '. '.,..... .,;(:,.~ ~ ',+,." . " ',' ,'u; ina . (Dale of Judgment) 131.00. .,,'. .:;D;;~*~~r~~~;~til2~rg~ 1'~6) D This case dis~iS~ed~llhOUqirejudice. . ~ [!] Possession granted. B ..,~,O o "\. Date: Place: , Time: .' :.~ \.;'l:'~; ~F;.;.:,":i',' ... IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT '1:0 APPEAL FIlOM A. JU~GMENT FOR POSSESSION WITHIN, TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTiCE OF APPEAL WITH~llE.I\l~K'oNQTARtlClERK OF COllRTS' ':' ..... . '.c. OfT~~ ,t;oURT OF COMMO,fl P~EAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN A~~;OF;:rA,,'i.idNE:V JUl'lG!ileNT,IF'AN.Y, IN' .... . : . '. .:ORDE"':,TO OB:r;A!I'l,~',~UPEFlS~OEAS. THE APPELLA':IT MUST DEPO~(f WITH THE,PROTH~Aii'lt!CLER~ eF CDU!!"'l!-';f1E.LESS!,,~ ,~F" .\ .. ":.;,'.:J.f:!l'IEE..MQiII!H!l,flENT:qR..J:HE aENT .ACTUALLV:IN:AFl~EARS Oll'THE OATETHE'APPEALil$FILSq. . ....t. ~i ,,:;,' ','t..,.::-,>.,.. ,: '.' ,..':,- ,,' ." .'.:.IF,!lPAFlTY,,~Il!Hes'IO<APPEALONl Y:T.H,E MONE;Y.PO,FI'J:!ON"F:A Jl/.DGMENTINVOl~!NG.~flE~D~IAI<:J'.EASE;,.rl:lE(!'AFlT:'f:IfAS ,. .... '....'r " 30 llA YS AFTER THE 'OATE OF ENTRY OF' JUCGME~ IN WilIC.H. TO'FILE A NOTICE OF'.APPIOA.I.:iIloJ't'! TI:lE.P.ROTHOllO,TAR:ffCI,EI\K. OF :. , . .COURTS:OFTl:le COURT OF COMMON PLEAS, CIVrLDIVISION. , '. ..; '. <.~.<,;>:'I~C:, ~,:. ':.: .. " ...., .. . : ,<;: . THE PARTY fltlNtfANAPPE' 'ST iNCLUDE Ii COPY OF THIS NoTIcE OF JUDGMENTiTRAIiISCIiIPT.iFORM,WliiiT.fIE'NOTICE OF!iPPE!\L. . .L5' 'A-:.h_u . .... "':~'<.,:'Pi~~~~ti$iice, ..' Ings containing t e)u gmen!. '.' . . ,. Date , District Justice -~ . ~ ~- ,Co, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMINGTON MANOR, Plaintiff, CML ACTION - LAW vs. NO. tJ-o _ .2 7g'.2... CUK.rr..u- ALETA TAYLOR, Defendant. PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Aleta Taylor, Defendant, to proceed in forma pauperis. I, David P. Perkins, 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 service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. CJ~ (}.~ DavidP.P~kins,E~urre Attorney fur Defendant Attorney J.D. #34342 126 East King Street Smppensburg,PAl7257 717-532-7388 MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . ~ " ~:- } i f ~ ~ V t-. ~ '. r , i i' I f" I , i I , r . 0'._,_' ~, , I~;, I , " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMINGTON MANOR, Plaintiff, CIVIL ACTION - LAW vs. NO. c-o - .2 7S:l- CwJ J ~ ALETA TAYLOR, Defendant. IN FORMA PAUPERIS I. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of defending the' 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: Aleta Estell Taylor Address: 317 Farmington Manor, Shippensburg, Cumberland County, Pennsylvania, 17257 Social Security Number: 198-60-5647 (b) Employment: If you are presently employed state, Employer: Chern Lawn Address: 14505 Industry Drive, Hagerstown, Maryland Salary or Wages per month: Approximately $400.00 per month Type of work: Customer Service If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 (c) (d) (e) ',- " ,-, " ---'-C',' ' Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: Support payments: $490.00 per month Disability payments: $427.90 - SSI for daughter Unemployment compensation and supplemental benefits: Workman's compensation: Public assistance: Other: ;i " ,! Ii Ii ~ Ii II ~ i: ~ Ii Ii I: I; ~ Other contributions to household support None Husband's name: If your husband is employed, state Employer: Saiaryor wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: Stocks, bonds: Other: None None None SSI for daughter's care only None None Make - Dodge Van Cost $3,000.00 None None Property owned Cash: Checking account: Savings account: Certificates of deposit: Real estate: Motor vehicle: Year 1990 Amount owed $2,000.00 (f) Debts and obligations Mortgage: Rent: Loans: Other: $783.00 Ii MARK, WEIGLE<. AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA 17257_1397 I ^ -~ - - (g) Persons dependent upon you for support Husband name: Children, if any: Name Christine 1. Bentley Taylor 1. Mitchell Comoy W. Smith, Jr. ,Co.>, ','-', . Age 15 10 9 Other persons: Name: Relationship: 4, I understand that I have a continuing obligation to inform the court of improvement in my financial crrcUlllStances which would permit me to pay the costs incurred herein. Date: \...~~ .l / (j () ( ~~10\ Aleta Taylor MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~; I ! I r I I I I i , i i'i Ij , Ij [I I' I; L' I' -"- ~,: - ---",,-"~---' . . --'iii"il II II " !:I i~ ii ,I 11 ,1 I ~ ! ! ! " \i ~ " 'I ~ " I li ! ! :1 !j ! I il l VERIFICATION I verify that the statements made in this affidavit are true and correct. I 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: L/ ) I ~ JrJO I I ()Jdr~-IC/\ Aleta Taylor MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257_1397 ," ~-' ~ ,- -'" -'-. "" ~ ,~~'""'", ,. -. ,-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMINGTON MANOR, Plaintiff, CIVIL ACTION -LAW vs. NO. 00-2752 Civil Term ALETA ESTALL TAYLOR, Defendant. DISTRICT JUSTICE DOCKET No. LT-59-00 ORDER OF COURT AND NOW, this JIA day of May, 2000, upon consideration of the within Petition, and upon motion of David P. Perkins, Esquire, a preliminary injunction is hereby issued against District Justice Harold E. Bender and Constable Michael H. Young, enjoining them from taking any further action with regard to eviction of the Defendant, Aleta Estall Taylor, from the property known as 317 Farmington Drive, Shippensburg Township, Cumberland County, Peunsylvania, pursuant to a certain Order for Possession filed April 19, 2000, in District Court 09-3-01. A hearing is scheduled A ..;rll:OO A..YI. for the c;' day of May, 2000, in Courtroom s:- , of the Cumberland County Courthouse, Carlisle, Pennsylvania, for the purpose of determining whether or not the injunction should be made permanent. 1. t-4-h){iJ~ ~L~ p-t{?,~:;:'e.fIf{u"/ 6"1\ J>1l1l.L.- P ~-(~ P@ ~ WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 ~i I :!! ;i :i , " Ii I' I' i: !~~ if I, f II if! 'i, l 'I ,!' :1, I r Ii, ~ ~I ',', ,-.,. .,.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMINGTON MANOR, Plaintiff, vs. ALETA ESTALL TAYLOR, Defendant. CIVIL ACTION - LAW NO. 00-2752 Civil Term DISTRICT JUSTICE DOCKET No. LT-59-00 RULE TO SHOW CAUSE AND NOW this "'~ day of May, 2000, a Rule is hereby issued on the Plaintiff, Farmington Manor, to show cause why the Order for Possession, issued on April 19, 2000, in the above matter should not be quashed as prayed in the Defendant's Petition. Said RuleJ5'1=able , f"" day of May, 2000 at II.~ o'clock, A .m., in Courtroom #!, , Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 1. [. rJo/i.-u ~... . h ~dP k/4~d7:> ~ J ~S_MVCcv g-tl ~ . .~a_;-P ~t4.8.J1h" U WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~I" I ! f , , (,: ,. fi :J " L i' r: , l: r: i' ~ f,; !i ! I ! -- ., c- .-")'-' ^-- y --- , --- ~ .- j~~ I I I I ! i I j ! i I , I I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMINGTON MANOR, CIVIL ACTION - LAW Plaintiff, vs. NO. 00-2752 Civil Term ALETA ESTALL TAYLOR, Defendant. DISTRICT JUSTICE DOCKET No. LT-59-00 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 judgement 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 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~~ - ,-' .", "'c_'_' '-"":.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMINGTON MANOR, Plaintiff, CIVIL ACTION - LAW vs. NO. 00-2752 Civil Term ALETA ESTALL TAYLOR, Defendant. DISTRICT JUSTICE DOCKET No. L T -59-00 PETITION FOR SPECIAL RELIEF REQUEST FOR PRELIMINARY INJUNCTION AND MOTION TO QUASH ORDER FOR POSSESSION TO THE .uONORABLE JUDGES OF SAID COURT, now comes the Defendant, Aleta Estall Taylor, by and through her attorneys, David P. Perkins, Esquire, and Weigle, Perkins & Associates, and states the following: 1. Plaintiff is Farmington Manor, a partnership with offices located at 353 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania. 2. Defendant is Aleta Estall Taylor, a sui juris adult individual currently residing at 317 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania. 3. Plaintiff filed a landlord/tenant action in District Court 09-03-1, seeking possession and a money judgment against the Defendant. 4. On April 5, 2000, after hearing, a judgment for possession and money judgment were awarded to Plaintiff by District Justice Helen Shulenberger, specially presiding. 5. Defendant has filed a timely Notice of Appeal of the money judgment immediately prior to the filing of this Petition. 6. On April 19, 2000, District Justice Harold E. Bender purportedly issued an Order for Possession directed to Constable Michael H. Young. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . ~~ -" ',-~ <, ,-." -j -- ,,,;-"',, ~ 7. Defendant believes and, therefore avers, that said Order for Possession was improperly issued and contains numerous defects as hereinafter more specifically described: A. The District Justice failed to properly issue the Order for Possession in that the Order for Possession physically handed to the Defendant by Constable Young was not signed by the District Justice pursuant to Pa. R.C.P.D.l No. 516. B. The Notice to Defendant to Vacate does not contain a date on which the Defendant must vacate the property. C. Said Notice does not contain a date on which the eviction will commence. A copy of said Notice is attached hereto, incorporated herein by reference and marked "Exhibit A." D. The Order for Possession was not properly served pursuant to Pa. R.C.P.D.J. No. 517 in that: (1) Constable Michael Young failed to properly complete the Order for Possession, Return and Notice by failing to sign and date the Order for Possession upon receipt from the District Justice; (2) Constable Michael Young failed to complete the Notice to Defendant to Vacate as required by Pa. R.C.P.D.J. Ru1e 517(2); (3) There is no evidence that the Order for Possession was served on the Defendant within forty-eight (48) hours as required by Pa. R.C.P.D.l Ru1e 517 because the date and time of receipt of the Order for Possession by the Constable are blank; (4) Plaintiff has failed to mail a copy of the Order for Possession to the Defendant by first class mail as required by Pa. R.C.P.D.l Rule 517. 8. The original document, a copy of which is attached hereto and marked "Exhibit A", was physically handed to the Defendant on April 24, 2000. Defendant believes that Constable Michael Young, pursuant to Pa. R.C.P.D.J. Rule 517(2), is prepared to break in the door and physically eject Defendant from the premises at any time. Defendant is a single mother with three (3) minor children residing with her. Defendant will be irreparably harmed by physical eviction from the property pursuant to this defective Order for Possession. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 . "--"" -,- 9. Failure of the District Court and Constable to comply with Pa. R.C.P.D.J. Nos. 516 and 517, and the Landlord and Tenant Act of 1951 (68 P.S. g250.10l et. seq.), violates Defendant's rights of due process under the Constitution of the United States. WHEREFORE, Defendant requests this Honorable Court issue a preliminary injunction against District Justice Harold E. Bender and Constable Michael H. Young enjoining them from taking any further action with regard to the eviction of the Defendant, Aleta Estall Taylor, pursuant to the Order for Possession filed April 19, 2000, and further prays this Honorable Court issue an Order Quashing said Order for Possession and granting Plaintiff leave to refile a proper request for Order for Possession, and such other and further relief to which the Defendant may be entitled. Respectfully submitted, WEIGLE, PERKINS & ASSOCIATES ~~. (Y.~ . By: David P. Perkins Attorney for Defendant Attorney J.D. #34342 126 East King Street Shippensburg, P A 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 " '-I" ~',~ ~- , VERIFICATION '. . " ,~ I verify that the statements made in the foregoing Petition 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. Dated: .:5 J 41 t'J(j , I ~ ~D~---f~~ Aleta Estall Tay or WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 " " .~ ~!w,,_:; ~~: [If 1i0 'Ii. i!l ':;; :Ij' iF !~ ,I' 'I, i '!, II i;'i !i ~ li~ (, :1' I"; K ;1 ~ I; ~ ~ '\ '. ~ r-.... -- ~ -- ::t: ><. \L\ "......... ,"--" ~1""""IlIIJ~\..L COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ERLAND ORDER FOR POSSESSION, PLAINTIFF' RETURN AND NOTICE ,-;:;' NAME and ADDRESS FARMINGTON MANOR I 353 FARHINGTON DRIVE SHIPPENSBURG, PA 17257 L ~ Mag. Dis!. No.: 09-3-01 <..., .J OJ N~\ Hon. .) HAROLD E. BENDER _~~ss: 81 WALNUT BOTTOM ROAD \, _,ex P.O. BOX 361 SHIPPENSBURG, PA T".ph".: (717) 532-7676 I VS. DEFENDANT: NAME."" ADDRESS fTAYLOR, ALETA ESTALL 317 FARHINGTON DR SHIPPENSBURG, PA 17257 L Docket No.: LT- 0000059 - 00 Date Filed: 3/14/00 1725?'i0361 SERVER : .. ,)'~ , , ~, h.. \...:..: ~ "~.." ,~- ~ MICHAEL H. YOUNG f PO'~BOX 115 SHIPPENSBURG, PA 17257 RESIDENTIAL LEASE Judgment Amount $ 783.00 Costs in Original L T Proceeding $ 75.10 Costs in this Proceeding $ .00 Attorney Fees $ .00 Total $ 858.10 Time Filed: 11:32AM Date Order Filed: 4/19/00 TO THE DISTRICT JUSTICE: The above named plaintiff, having obtained a judgment for possession of real property located at: . l' Address if any: Requests that you Issue an ORDER FOR POSSESSION for such property_ Date: Plaintiff: (Sionature on File) ORDER FOR POSSESSION! To: MICHAEL H YOUNG ~ (eRsriff sr Constable) You are hereby directed to deliver actual possession to plaintift or his agent, of real property located at (Give IGcation and/or address): . Date: Received Date: ,District Justice . ,Sheriff or Constable Time: Time: By: RETURN o Defendant (Name): o Adult person in charge (Name): Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of service): at (Location and Address): o Since none of the above found, served by posting a copy of the complaint conspicuously on the premises at (Date): . ~. (Time): o Order satisfied by payment of rent in arrears and costs 0 Premises vacated without forcible entry and ejectment Amount Paid $ ., o Forcible entry and ejectment (Date): . (Time): o Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent In arrears and costs. .' Expenses and fees of sheriff or constable $ $ $ $ $ $ $ Distribution To To -;-0 To To .', To ,'-/._' " ~ / // . ,,: , . (Signalure ofShen" or Constable) (Prinl Name and Tille) NOTICE TO DEFENDANT TO VACATE If you. and all the occupants of.l is roperty not authorized by the owner to be pre.s:ent thereon. do not vacate this property within ten (1 0) days after the (date of service) day of . the law authorizes me to use, and r must use. such force as may be necessary to enter upon this property, by the breaking in of any door or otherwise. and to eject you and all unauthorized occupants. If necessary. eviction will commence on after 12;01 AM. At any time b.efore actual delivery of the real property is made in execution of the Order for Possession. the defendant may. in a cas~' fortf1e're. covery of possession solely because of failure to pay rent. satisfy the Order for Possession by paying to the executing oHicer the rent actually in arrears and the cost of the proceedings. Complete if jUdg~~hl at possesslon is based solely on fajj~re to pay rent. Rent ln Arrears $ Costs S - '~ ",- ,,,-- AFFIDAVIT OF SERVICE C>C> - .J. '1S~ C~lL I, the undersigned adult individual, having been duIy sworn upon my oath, state that I did serve a copy of the attached Preliminary Injunction upon Farmington Manor, by persoually handing a copy of the injunction to their representative, Audrey Pierce, on the 4th day of May, 2000 at 3:44 p.m Dated: ~ ~ ;)-un> r~~ Donald L. Flagle, II Subscribed and sworn to before me the undersigned Notary Public on the S-<::' day of VV\"d- ,2000. ;(M>-L )c /(~ Notarial Seal Unda K. KleIn, NoIaIy Public ~ PACUmlleilandComly My OOIIlIlilsdll.l EllpInIs Augusl16. 2000 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~, w I: i~ Fi iJ 11 i~ . -~ AFFIDAVIT OF SERVICE I, the undersigned adult individual, having been duly sworn upon my oath, state that I did serve a copy of the attached Preliminary Injunction upon Constable Michael Young, by personally handing a copy of the injunction to him, on the 411>. day of May, 2000 at 4:00 p.rn. Dated: ~ ~ ~ ~~ Donald L.' Ie, IT Subscribed and sworn to before me the undersigned Notary Public on . the S<.:::. day of 1Y)~ ,2000. " Notarial See! IJnda K. Klein. NolaJy PublIc ~ I'll CIIIlIl8dalIll Ci!IIII.y My CllIMdsulon ElqlkIlI Augu1116, 200lI ',1 ;~ " :1 H !1 [;1 ;.i , ~ I ~i il I' r1 1 !j '1 ~ i~ [1 1 1 '1 ii , J , 'I ~ ~/(~ I i I I I I I I MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ .- "_",r. "~, . ,~ .'~, -. _"0 AFFIDAVIT OF SERVICE I, the undersigned adult individual, having been duly sworn upon my oath, state that I did serve a copy of the attached Preliminary Injunction upon District Justice Harold E. Bender, by personally handing a copy of the injunction to him, on the 4lh day of May, 2000 at 3:29 p.rn. Dated: Subscribed and sworn to before me the undersigned Notary Public on the S":: day of M CJ ' 2000. dPd K-/(~ NoIaIiaI Seal Unda K. KleIn, Notary Public ~ PAClInbedmdColllly My COllrnilsaiun Exp/ree August 15, 2000 i ! I I: r: Ij I' t; ~; , [; !'l i~ 'l~ ] H II 11 i~ I: I; I' I~ i~ I.' I! .1 ,ii' '1 '" i~ 1 ~ I I I MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257_1397 IN THE COURT OF COMMON PLEAS OF CUi\lBERLAND COUNTY, PENNSYLVANIA FARi\lINGT001 i\IANOR, Plaintiff, CIVIL ACTION - LAW \'s. NO. 00-2752 Civil Term ALETA EST ALL TAYLOR, Defendant. DISTRICT JUSTICE DOCKET No. LT-59-00 ORDER OF COURT AND NOW, this '-\~ day of May, 2000, upon consideration of the within Petition, and upon motion of David P. Perkins, Esquire, a preliminary injunction is hereby issued against District JusticeuHarold E. Bender and Constable Michael H. Young, enjoining them from taking any further action with regard to eviction of the Defendant, Aleta Estall Taylor, from the property known as 317 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania, pursuant to a certain Order for Possession filed April 19, 2000, in District Court 09-3-01. A hearing is scheduled <;Jr \ \ ~O'" l'-:!"'< for the "'1 ~ day of May, 2000, in Courtroom 5" ,of the Cumberland County Courthouse, Carlisle, Pennsylvania, for the purpose of determining whether or not the injunction should be made permanent. By the Court, . (~(~~E: hl~ IR';JE COpy FROM RECORD . ,f.~ ~ ~ J. In T tlSf,moliY whar~f. .1 here unto set my hand bOO , Of "c~,... a< Car<, 1_ n.. r' \ '. ..n..r>.:. l l i 11~~ .a n 'J 01 .' J. o--ro ~o O~RKINS__& ASSOCIATES _ ATTORNEYS AT LAW _ 126 eAST KING STREET'" _ SHIPPENSaURG. PA 17257-'397 ',,-,,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMINGTON MANOR, Plaintiff, CIVIL ACTION - LA \V \'s. NO. 00-2752 Civil Term ALETA ESTALL TAYLOR, Defendant. DISTRICT JUSTICE DOCKET No. LT-59-00 RULE TO SHOW CAUSE AND NOW this .!; ~ day of May, 2000, a Rule is hereby issued on the Plaintiff, Farmington Manor, to show cause why the Order for Possession, issued on April 19, 2000, in the above matter should not be quashed as prayed in the Defendant's Petition. Said Rule returnable '" ~~ day of May, 2000 at I J; D Cl 0' clock, A. Courtroom # S ' Cumberland County Courthouse, Carlisle, Pennsylvania. r~L2"~ ~W / 1. ,',i ~l ".1 ;1 !'1 'I tJ " ~j :,,1 :1 ,'1 H tl il II 11 il !1 iJ II II I m., In By the Court, TRUE COpy FROM RECORD IR T~!mGl1Y whsroo1. I here unto ~ my hand a.nd ~ saaI (;f~kl Cou at CaI1IS\e.~ fh!. ." i . WEIGL.E, PE;RKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMINGTON MANOR, Plaintiff, CIVIL ACTION - LAW vs. NO. 00-2752 Civil Term ALETA ESTALL TAYLOR, Defendant. DISTRICT JUSTICE DOCKET No. LT-59-00 NOTICE You have been sued in court. !fyou 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 judgement 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 WEIGLE, PERKINS & ASSOCIATES _ ATTORNEYS AI LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FARMINGTON MANOR, Plaintiff, CIVIL ACTION - LAW C~ ,2 () (+_ c.:':J -'1 \'5. NO. 00-2752 Civil Tcnn',;~ ::: ::~ :~I (;.,L.: }, DISTRICT JUSTICE DOCKET No. LT-59-00 'c-: ~ ~: ~:~ (~: ...~ ~2, :'0 =< (:J . 'T~ !.',~{~ ; :;~~~~ ':':-1 -,.... c';., :< ALETA ESTALL TAYLOR, Defendant. PETITION FOR SPECIAL RELIEF REQUEST FOR PRELIMINARY INJUNCTION AND MOTION TO QUASH ORDER FOR POSSESSION TO THE HONORABLE JUDGES OF SAID COURT, now comes the Defendant, Aleta Estall Taylor, by and through her attorneys, David P. Perkins, Esquire, and Weigle, Perkins & Associates, and states the following: I. Plaintiff is Farmington Manor, a partnership with offices located at 353 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania. 2. Defendant is Aleta Estall Taylor, a sui juris adult individual currently residing at 317 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania. 3. Plaintiff filed a landlord/tenant action in District Court 09-03-1, seeking possession and a money judgment against the Defendant. 4. On April 5, 2000, after hearing, a judgment for possession and money judgment were awarded to Plaintiff by District Justice Helen Shulenberger, specially presiding. 5. Defendant has filed a timely Notice of Appeal of the money judgment immediately prior to the filing of this Petition. 6. On April 19, 2000, District Justice Harold E. Bender purportedly issued an Order for Possession directed to Constable Michael H. Young. TRUE COpy FROM RECORD In Testimony wherflOf. I here unto 581 my hanO and ~ of SakI Court at CaJ1ISle. PI. ~ ndaY~~~~ WEIGLE, PERKINS & ASSOCIATES _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257. f 397 7. Defendant believes and, therefore avers, that said Order for Possession was improperly issued and contains nUmerous defects as hereinafter more specifically described: A. The District Justice failed to properly issue the Order for Possession in that the Order for Possession physically handed to the Defendant by Constable Young was not signed by the District Justice pursuant to Pa. R.C.P.D.J. No. 516. B. The Notice to Defendant to Vacate does not contain a date on which the Defendant must vacate the property. C. Said Notice does not contain a date on which the eviction will commence. A copy of said Notice is attached hereto, incorporated herein by reference and marked "Exhibit A." D. The Order for Possession was not properly served pursuant to Pa. R.C.P.D.J. No. 517 in that: (I) Constable Michael Young failed to properly complete the Order for Possession, Return and Notice by failing to sign and date the Order for Possession upon receipt from the District Justice; (2) Constable Michael Young failed to complete the Notice to Defendant to Vacate as required by Pa. R.C.P.D.J. Rule 517(2); (3) There is no evidence that the Order for Possession was served on the Defendant within forty-eight (48) hours as required by Pa. R.C.P.D.J. Rule 517 because the date and time of receipt of the Order for Possession by the Constable are blank; (4) Plaintiff has failed to mail a copy of the Order for Possession to the Defendant by first class mail as required by Pa. R.C.P.D.J. Rule 517. 8. The original document, a copy of which is attached hereto and marked "Exhibit A", was physically handed to the Defendant on April 24, 2000. Defendant believes that Constable Michael Young, pursuant to Pa. R.C.P.D.J. Rule 517(2), is prepared to break ln the door and physically eject Defendant from the premises at any time. Defendant is a single mother with three (3) minor children residing with her. Defendant will be irreparably harmed by physical eviction from the property pursuant to this defective Order for Possession. WEIGL.E, PERKINS & ASSOCIAT.E:5 - ATTORNEVS AT LAW - 126 EAST KING STREET - 5HI~PEN5BURG. PA 17257-1397 9. Failure of the District Court and Constable to comply with Pa. R,C.P.DJ. Nos, 516 and 517, and the Landlord and Tenant Act of 1951 (68 P.S. S250.101 eL seq.), violates Defendant's rights of due process under the Constitution of the United States. WHEREFORE, Defendant requests this Honorable Court issue a preliminary injunction against District Justice Harold E. Bender and Constable Michael H. Young enjoining them from taking any further action with regard to the eviction of the Defendant, Aleta Estall Taylor, pursuant to the Order for Possession filed April 19, 2000, and further prays this Honorable Court issue an Order Quashing said Order for Possession and granting Plaintiff leave to refile a proper request for Order for Possession, and such other and further reliefto which the Defendant may be entitled. Respectfully submitted, WEIGLE, PERKINS & ASSOCIATES QoSJ (Y. ~ . By: David P. Perkins Attorney for Defendant Attorney 1.0. #34342 126 East King Street Shippensburg, PA 17257 (717)532-7388 , , EET _ SHIPPENSaURG PA 17257.1397 WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STR . VERIFICATION I verify that the statements made in the foregoing Petition 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. Dated: :5 J 4 I fX) I I Wv. ~~cf) Aleta Estall Taylor WEIGLE. PERKINS & ASSOCIATES _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSaURG, PA 17257.1397 <I:: l--- - <::a -.. :t::. x Lu ,c_,..,.... .,..,.., ~,.., ,"- "" - ~-" COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ERLAND . ORDER FOR POSSESSION, PLAINTIFF' R.ETURN AND NOTICE fi' I~AME and ADDRESS FARMINGTON MANOR 353 FARMINGTON DRIVE SHIPPENSBURG, PA 17257 L I Mag. Dls!. No.: 09-3-01 DJ N~e\ Hon. HAROLD E. BENDER . "';""" 81 WALNUT BOTTOM ROAD " P.O. BOX 361 SHIPPENSBURG, PA TeIepho",' (717) 532 -7676 1725770361 VS. DEFENDANT: NAME and ADDRESS 'TAYLOR, ALETA ESTALL , 317 FARMINGTON DR SHIPPENSBURG, PA 17257 L ~ Docket No.: LT-0000059-00 ~_ Date Filed: 3/14/00 ~ Time Filed: 11: 32AM Date Order Filed: 4/19/00 SERVER : . - , "I '~ .j "_\,-- MICHAEL H. YOUNG PO BOX 115 SHIPPENSBURG, PA 17257 RESIDENTIAl. LEASE Judgment Amount $ 783.00 Costs in Original L T Proceeding $ 75.10 Costs in this Proceeding $ .00 Attorney Fees $ .00 Total $ 858.10 TO THE DISTRICT JUSTICE: The above named plaintiff, having obtained a judgment for possession of real property located at: . Address if any: Requests that you issue an ORDER FOR POSSESSION for such property. Date: Plaintiff: (Sianature on File) ORDER FOR POSSESSION To: MICHAEL H YOUNG (\;~8riff er Constable) You are hereby directed to deliver actual possession to plaintiff. or his agent, of real property located at (Give lecation and/or address): Date: Received Date: ,District Justice ,Sheriff or Constable Time: Time: By: RETURN 8 Defendant (Name): Adult person in charge (Name): Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of service): at (Location and Address): o Since none of the above found. served by posting a copy of the complaint conspicuously on the premises at (Date): (Time): o Order satisfied by payment of rent in arrears and costs 0 Premises vacated without forcible entry and ejectment Amount Paid $ o Forcible entry and ejectment (Date): (Time): o Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent In arrears and costs, Expenses and fees of sheriff or constable $ $ $ $ $ $ $ Distribution To To To To To To f,," ., {Signature of Shenll or ConSl8blel (pnnt Name andTI[lel NOTICE TO DEFENDANT TO V ACA TE If you, and all the occupants of ,t is operty not authorized by the owner to be present thereon, do not vacate this property within ten (10) days after the (date of service) day of . the law authorizes me to use. and I must use, such force as may be necessary to enter upon this property. by the breaking in of any door or otherwise. and to eject you and all unauthorized occupants. If necessary. eviction will commence on after 12:01 AM. At any lime before actual delivery of the real property is made in execution of the Order for Possession, the defendant may, in a case for the're- covery of possession solely because of failure to pay rent. satisfy the Order for Possession by paying to the executing officer the rent actually in arrears ar.d the cost of the proceedings. Complete If Judgment at possession IS based solely on failure to pay rent. Rent in Arrears $ Costs $ COMMONWEALTH OF P~NNSYLVANIA COUR1 OF COMMON PLEAS of Cumberland COUl'lty JUDICIAL DISTRICT Ninth NOTICE OF APPEAL " ,,? FROM 5_ .,-()(J DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. If) - .::175.2. Cl.t.d -r;-,-,,- NOTICE OF APPEAL Notice is gl_ven tha,t the ,appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on.the date and iri.iheca.....""'ntianed below. ". .' ~ l1'._,'i~-~, '.. NAME OF APPELLANT Aleta Esta~~ 1aylor ADDRESS OF APPEllANT 317 Farmington Drive DATE OF JUDGMENT IN THE CASE OF (Plaintiff) MAG. OIST. NQ OR NAME OF OJ. 09-3-01 CITY Shippensburg STATE ZIP CODE 17257 PA ([)$ndant) April 5. 2000 CLAIM NO. Farmington Manor vs. Aleta Estall Taylor S1GifJ;:;~Ot ATTORNEY OR AGENT CV 1.2 IT 19 This black will be signed ONLY when thisnotOtian isiequireduhder Po. R'<:P J.P. "la: 10088. . , This Natice af Appeal, when received b{'ihe DiStrict Justice, will oPerate as a SUPERSEDEAS 10 the judgment for possessian in this case. :>!I-OO Signature of Prothonotary or Deputy If appellant was CLAIMANT (Sfi1e Pa. R.CP.J.P. No, 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. .~~i ." !,R~E.91'J,!().EIII'I'~~}"LpO FILE COMPLAIN1'<AND ~~'1"(TO FILE ""', (This section of form to be used ONLy whenappellantwai/DEFENDANT (see Pa. HCP.JP. No, f001(7) in action before District Justice. . . IF NOT USED, detach from copy of notIce of appeal to be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon Farmington Manor Name of appeJ/ee(sJ tHY. ;l 75.2. Cu~ TI.~ ) within twenty (20) day , appellee(,).:to file a complaint in this appeal (Common Pleas No. :;;ft:'1:~~dgment of nonpro~ -, _.' __._!35w~re._ot~ppellant or his attorney or agent David il; Perl<ins. Esquire Attorney I.D. No. 34342 RULE: To~ pcu;mington Manor Name of appelfee(s) , appellee(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 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 dale of service of this rule if service was by mail is the date of mailing. Date: 1J1~ i '-I ,wLIJ(JIJ ,...-\ ( t, '1'k- " , c. ~~~~~ Signattfre of Pfothon y or Deputy AOPC 312..a4 COURT FILE ",,,,.,,,", ,,, ,. =,."n ',r 2 g 9, <:: ':Jt "-t -00:1 ~ -,., rl'lfT" --< FIr ~~.~~~.- - N JJ~ ;._.::.-. ':=Sc>. l/Cl :g ":.r.:=B j;; C' ",:'0. 4<") .~6 _ om >c .... .-4'- .:' '" ;g;....uf' "~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILECO~LAINT . (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF cUMREJl'nAND ; 58 AFFIDAVIT: I hereby swear oraffirm that I served [l;I a copy of the Notice of Appea:I, Common'Pleas No. 00-27 52 , upon the DIstrict Justic'fdesignated therein on (date of service!. .. Nay 4, 2000,m, -1Qj: by P'F~'i"m"L~~ri'~'1TMiJ;J\t,i'Y (tertijied) (registered) mail, sender's receiptattachea hereto, and'updn the appellee, (name] .... ~ . ~ .' on Ma.y ~ I"ZQOO, ;f~X nby personal service ~ by (certified). (.,.~. .) mail,sender's receipt attached heret". [lg and further that I served th.e Rule to File a Complaint accompanying th.e above NotiQl'>ojAppealupon theappellee(S) towhom the Rule ":Ias addreSsed on M8.Y 1+, 2000 !G9L-, D by personal service !l{by (certified) (, f' ') mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME LI i-n .. .' '.:1'fJ:" .c. . : THIS~__DAYOF . rl\~,lI9'JL2.DOO ';I?tv-L It ;: JL~ Signature of official before whom affidavit was made ',,',- Title of official Notarial Seal My commission ex i[_'It~in,..t~~P_~: ~Ig.PA~CqlRy. My~~1S;1l!lO~ ,.- - L' _, -'_l, ,-1.\,,',",'_.':" ' , -,- -~~ '. - ._..'J .,- - ~'-"? , ..',,' . ,,:-, \ ~ ,', .I' "in: ~ ..... ...... '~~--, --" ~.. . ~ . . I';'. JJ.."'ilIi ~,~..." U 3. ' " CIr::P. '" ___ ~ (Vo.llestlc Mall Only, No Insure/u<.-.... __ flcledj =r- r'l a- D r'- r'l g:: Farm I r\-crr. Postage $ CertrfleclFee ("'-0 Return Receipt Fee o (Endorsement Required) I:J R~r1cted DeUvery Fee o (Endorsement Required) o Total Postage & Fees ru ru Name (Please PrInt Clearly) (To be completed by mailer) m ~.EM!!I.tr.l~ n..n~QJ: IT' Street, Apt. No.;~~.~-80X No. ~ ---..------~..----..______..____u...___.n__ g; Cj'2~?_z~r.l'l'..!~~:c,...:D.Q.\l..~............-...-.............-... r'- " . 1'\ \'l",\S ~ " 'Iii Jm .~ .- ! " ., ~ c o " " t; Ii E o " DI!R: I alSQ wish to receive the fellow- ing services (tor an extra fee): [] Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. CI Print your name and address on the reverse of this form so that we can return this card to you. D Attach this form 10 the front of the,mailpiece, or on the back if space does not permit o Write "Rerum Receipt Requested' on the mailpiece below1he.article number. o The Retum Receipt will show to whom the article was de!JX!'lred and the date delivered. 3. Article Addressed to: 1. D Addressee's Address 2. 0 Restricted Delivery 4a. Article Number furlY'l'Y"1~ ma.t\I>f" ~5~ Fa.('ml'(l~l"'I ~('we;, ~h'ppe()5b().'\1 ?f' \.,";) 51~ '10 . ,~ao-oool). 3/1 4b. Service Type o Registered XCertified o Express Mail 0 Insured o Return Receipt for Merchandise 0 COD 7. Date of Delivery .5- II. 0' 8. Addressee's Address (Only if requested and fee is paid) Q , Q <1: Z .0: '::l 0- W .0: !5 o >- !1! PS Form 3811, December 1994 ~~ 1) 10259S.98--B-0223 Domeedt f!k9turn ~ ; ~.._,- oj " 'S; ~ a 'ij " " 0: c !5 t; 0: 01 c 'Iii ~ .ii ~ o >- .. c .. ., 0- pi :~~,,' .'l.': ,. , , ' PETER J. RUSSO, ESQUIRE 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 FARMINGTON MANOR, Plaintiff v. ALETA ESTALL TAYLOR, Defendant n_ ~ . _" Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2752 CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE OF COUNSEL Kindly enter my appearance on behalf of Farmington Manor, Plaintiff in the above-captioned matter. Dated: 'SlqICilCQO Qfo.~-V__ Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 ;~"T- , ~ PETER J. RUSSO, ESQUIRE 61 West Louther Street Carlisle, PA 17013 (717)249-2721 -~" ~- , ~,I Attorney for Plaintiff FARMINGTON MANOR, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2752 CIVIL TERM ALETA ESTALL TAYLOR, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that 1 am on this day serving a copy of the ENTRY OF APPEARANCE OF COUNSEL upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: DAVID W. PERKINS, ESQUIRE MARK WIEGLE & PERKINS 126 EAST KING STREET SHIPPENSBURG, PA 17257 Melissa M. Mehaffey, Paralegal Date: 5- 2:3-DD jii..<.'" i~~~illr' .m'.., 'm~"~ '11'i!;U!tii'.- 1II~1JI1AiWI~~"'-""""'" ..'.. " n ~.~ -\)~r' jTli ~ ~~~ ~::'Z ~~~' ~c; ~~ ~ -""-'111: 'r" "'11 '". , c:) C) o -n _:<;.. :1:;'" -~;j ,'.; --n 'r .,rn ::Fr '.j~~ c'") :;n ~~..c') c5rn --I 'C> ~ i-V (:..:..:;. :?:~ _b. .,.. (=:J .', :..-", '-"""0_ <--"1"; . - __ ~ J,j , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FARMINGTON MANOR Plaintiff, CIVIL ACTION - LAW VS. NO. 00-2752 CIVIL TERM ALETA ESTALL TAYLOR Defendant. DISTRICT JUSTICE DOCKET NO. LT-59-00 ORDER OF COURT NOW, rn ~ c2 ~ , 2000, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Farmington Manor shall permit Aleta Taylor to continue to reside at 317 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania 17257, until midnight, May 31, 2000. 2. Aleta Taylor shall vacate the premises no later than midnight on May 31, 2000. 3. The Preliminary Injunction entered by the Court on May 4, 2000, shall continue in full force and effect until midnight on May 31, 2000. 4. The Preliminary Injunction shall terminate on midnight, May 31, 2000, at which point Farmington Manor, if necessary, may proceed with execution on an Order for Possession including breaking the door and physically removing Aleta Taylor and the occupants of the premises. 5. Aleta Taylor shall, upon execution of the Agreement, pay the sum of One Hundred Thirty One Dollars ($131.00) rent to Farmington Manor. Payment shall be made through the law firm of Weigle, Perkins & Associates, escrow account. 6. The hearing on Preliminary Injunction scheduled for May 9, 2000, at 11 :00 a.m. is hereby cancelled. ~ ~).d S-30-00 1? 1<3 J. MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ;, " .'" -- ,f_. _""^-c--1'~___ ~ FiLEt'}-OFFICE OF THE P!~OtHONOTARY 00 MAY 30 AM 8: 54 CUMBERLAND OOUNTY PtNNSYlVANIA .,__, ,_~'or:__, ",,~~.-_'_h __,~~~lIJ!Jlt~lHl, -.= <" ~ ~" '" ~- -~,,---' !f'__'~'I'C_1_'"_" ~~""""~ ~. ,,'., - - .,,'.' .",-.".~ -.' ,-- . ,'".",. ..", ~..........l , . IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYL VANIA FARMINGTON MANOR Plaintiff, CIVIL ACTION - LAW VS. NO. 00-2752 CIVIL TERM ALETA ESTALL TAYLOR Defendant. DISTRICT JUSTICE DOCKET NO. L T -59-00 STIPULATION AND AGREEMENT This Stipulation and Agreement is made this 0 ~ day of May, 2000, by and between Fannington Manor, by and through its attorney Peter J. Russo, Esquire, and Aleta Taylor, of 317 Fannington Drive, Shippensburg, Cumberland County Pennsylvania, by and through her attorney, David P. Perkins, Esquire. Plaintiff and Defendant agree as follows: 1. Farmington Manor shall permit Aleta Taylor to continue to reside at 317 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania 17257, until midnight May 31, 2000. 2. Aleta Taylor shall vacate the premises no later than midnight on May 31, 2000. 3. The Preliminary Injunction entered by the Court on May 4, 2000, shall continue in full force and effect until midnight on May 31, 2000. 4. The Preliminary Injunction shall terminate on midnight May 31, 2000, at which point Farmington Manor, if necessary, may proceed with execution on an Order for Possession including breaking the door and physically removing Aleta Taylor and the occupants ofthe premises. 5. Aleta Taylor shall, upon execution of the Agreement, pay the sum of One Hundred Thirty One Dollars ($131.00) rent to Fannington Manor. Payment shall be made through the law firm of Weigle, Perkins & Associates, escrow account. 6. The hearing on Preliminary Injunction scheduled for May 9, 2000, at 11 :00 a.m. shall be cancelled. il MARK, WEIGLE AND PERKINS _. ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 '" ",-.;.,^-,,~- I~,J , , 7. The parties agree that this Stipulation may be entered as an Order of Court and hereby waive their right to be present in Court at the time such order is entered. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed hereby stipulate and agree that the Court may enter the following Order of Court in the above- captioned case: ORDER OF COURT NOW, , 2000, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Farmington Manor shall permit Aleta Taylor to continue to reside at 317 Farmington Drive, Shippensburg Township, Cumberland County, Pennsylvania 17257, until midnight May 31, 2000. 2. Aleta Taylor shall vacate the premises no later than midnight on May 31, 2000. 3. The Preliminary Injunction entered by the Court on May 4, 2000, shall continue in full force and effect until midnight on May 31, 2000. 4. The Preliminary Injunction shall terminate on midnight, May 31, 2000, at which point Farmington Manor, if necessary, may proceed with execution on an Order of Possession including breaking the door and physically removing Aleta Taylor and the occupants of the premises. 5. Aleta Taylor shall, upon execution of he Agreement, pay the sum of One Hundred Thirty One Dollars ($131.00) rent to Farmington Manor. Payment shall be made through the law firm of Weigle, Perkins & Associates, escrow account. . 6. The hearing on Preliminary Injunction scheduled for May 9, 2000, at 11 :00 a.m. is hereby cancelled. By the Court, J. MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397 . ~ ^', "0" n' , ..... ~\L! . .. . j The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this agreement, execute this Agreement by signing below. ::'" SS: o~ David P. Perkins, Esquire Attorney for Defendant Farmington Manor B~~ Peter 1. Russo Attorney for Plaintiff I' ,I MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397