HomeMy WebLinkAbout07-0538COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
CUMBERLAND COUNTY
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
09-2-01
COMMON PLEAS No, 4027 - 539'
NOTICE OF APPEAL
Notice is given that 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 in the case mentioned below.
28 COUNTRY VIEW ESTATES,
1-16-07
09-2-01
NEWVILLE
PA
17241
JEFFREY YOUNG AND SHARLENE YOUNG
19
LT
LT 19 0000003-07
This block will be signed ONLY when this notation is required under Pa. R CPJA Na
10088.
This Notice of Appeal, when ceived by theJQ?strict Justice, will operate as a
SUPERSEDERS to the it pou"eien it( this case
or
PRAECIPE
? v
If appellant was CLAIMANT (see Pa. R.C.P.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.
ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. RCP.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon COUNTRY VIEW ESTATES AND JOHN D. WALTER appellee(s), to file a complaint in this appeal
P.O. Box , s
(Common Pleas No, 07- J5 31? Ct ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
IRWIN & CKN GH7?'?? of t or t- a or agent
RULE: To COUNTRY VIEW ESTATES AND JIM D. WALTER, appellee(s).
Name of appeIAWs)
(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 upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: o ) oZ997
of Proftmotary or Deputy
AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY
k
PROOF Cc SERVICE OF TICS F APPEAL AND RULE TO FILE COMPLAINT
(This pros SST 8 fL: °- TEN (10) DAy , AFTER filing the notice of appeal, Check applicable boxes)
O!MONW A ,TH F,:SYLVANIA
4 Y OF-_-
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a )tire of Appeal, `ornn n Pleas No, upon the District Justice designated therein on
by personal service C1 by (certified) (registered) mail, sender's
?. on
by ;certified) (registered) mail, sender's receipt attached hereto.
Notice of Appeal upon the appellee (s) to whom
by personal service D b
y {certified} {registered}
Signature of afffant
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09-2-01
PAOL& P. CORREAL
Address: 2260 SPRXIItG RD SUITE #3
CERL=SLZ, PA
Teiepnonet (717 ) 218-5250 17013-0000
NOTICE OF JUDGMENT/TRANSCHIP 1
RESIDENTIAL. LEASE
PLAINTIFF: NAME and AuuHESS
I-COUMMY VIER ESTA.TE9
PO BOX 175
3EEVILLS, PA 17241
L J
vs.
DEFENDANT: NAME and A00AESS
f-YOtnro, JErymm, ET AL.
28 COUNTRY VIEW ESTATE
URI/VTLLS, PA 17241
L J
PAULA P. COR ZJkL
2260 SPRING ED SV7TE #3 Docket No.: LT-0000003-07?
CARLISLE, PA 17013-0000 Date Filed: 1/02/07 ??
i
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR pLLIIiTIlrl?
?Z Judgment was entered for: (Name) COMTRY VISIT ESTATES,
Judgment was entered against YOIIXG, . EFFREr in a
?a Landlord/Tenant action in the amount of $ 2-493.60 on 1116/07 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 663.85.
The total amount of the Security Deposit is $ 663.85
Total Amount Established by 57 J5L ss-Security Deposit Applied _=
Rent in Arrears $ Z 3 UU=
Physical Damages Leasehold Property $ -00-$ .00=
Damages/Unjust Detention $ -00-$ _ a0=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
Possession granted it money judgment
Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amount
$ 2,357.55
$ _.00
00
$ .00
$ _en
$ 2 357_55
$ 136a5
$ no
$ 2,493.60
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL,
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TNE'JgbGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MA018TERIAL DIBTRICT JUDGE IF THE JUDGMtt+`14tDE6FOR P(1Y$.IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,
T
fi'.1 -0-1 Date rr. = n ?,'flAadisterial District Judge
I certify that this is a true and correct copy of the record or the proceeoings containing aRe Juragmenl.
Date .i, `4VI13gfsterial District Judge
MY commission expires first Monday of.January, 2012 • SEAL''
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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)
COMM N EALTrOF PENNSYLVANIA
COUNTY OF t L0_l \(ZA ; S&
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, CC?rtlmC3n Pleas No, a(G.?o? ? . upon the District Justice designated therein on
(date of serviced 2C02 El by erso a1 service to (certified) {registered) mail, sender's
eceipt. attached her , and upo the appellee, (name) on
?furthed , 30?7Q by personal service Z&by (certified) (registered) mailsendreceipt attached hereto.
jk nthe R a?FIIe a Corrsplaint acco gponying the above Notice of Appeal upon the appellee(s) to whom
tt . ,!ale was addressed on e? iRyl l??Q?® by personal serviceaby Vertitied) (registered)
der's receipt attached greto. U
SWORN (AFF,i, -.D) AND SUBS?IBED BEFORE ME z
j S CLAY Signature of affiant
gnaturr of °'are whom affidavit waa rv"do
COMMONWEALTH O
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My Mr eixplres o n-D
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COMMONWEALTHOF PENNSYLVANIA NOTICE' OF APPEAL
COURT OF COMMON PLEAS
COMBERLAND COUNT FRW
VDICIAL DISTRICT
09--2--01 DISTRICT JUSTICE JUDGMENT
COMMON PLEAS PIo.
NOTICE OF APPEAL
Notice is given that 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 in the case mentioned below.
JEFFREY YOUNG AND SHARLME YOUNG
28 COUNTRY VIEW ESTATES,
09--2--01
NEWVILLE
PA
17241
u .c yr ARA WW OV, I C t,Awc yr VI $W ESTATES werrenmr) ,
1-16-07 J D . WAITER „S .TEFL RED 1011 4 l $13X t EN'L YOUNG
CV 19
LT 19 0000003-07
This block will be signed ONLY when this notation is required under Pa. R C.PJ.P Na
10088.
This Notice of Appeal, when eived by the/strict Justice, will operate as a
SUPERSEDEAS to the iuclymep po#essiam i?( d4is case
or
ff appellant was CLAIMANT (see Pa. R.C.P.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.
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. RC.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule COUNTRY VIEW ESTATES AND JOHN D. WALTER
upon P.O. -Tv1WWq4'1 s , appellee(s), to file a complaint in this appeal
(Common Pleas No. (97- J _3? within twenty (20) days after service of rule or suffer entry of judgment of non pros
:44 A-Lrk 'J", i
IRWTN & GH'159u*n of aQoeoarn or his au mey or agent
RULES To COUNTRY VIEW ESTATES AND AM D. ?R. ms(s)
Name of aAoeRee(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 upon you by personal service or by certified or registered moil
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
4-a4-k-
V Da
te: ??' 114 °P C07 of AvBanota y or D putt'
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
No. 07 - 538
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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
F.TTLES\General\Current\12428112428.1 COmI
Created: 12/15/04 11 13AM
Revised 6113107 8:09AM
12428 1
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
COMPLAINT
John D. Walter, Plaintiff, is an adult individual residing at 105 Carlisle Road,
Newville, Cumberland County, Pennsylvania.
2. Plaintiff is the owner of a mobile home lot located at 28 Country View Estates,
Newville, Cumberland County, Pennsylvania ("Premises").
3. Jeffrey and Sharlene Young, Defendants, are adult individuals who reside at 28
Country View Estates, Newville, Cumberland County, Pennsylvania.
4. On or about April 28, 2006, Plaintiff and Defendants entered into a written sales
agreement ("Sales Agreement') whereby Defendants agreed to purchase the manufactured home
located at 28 Country View Estates. A true and correct copy of the Sales Agreement is attached
hereto and incorporated herein by reference as Exhibit "A."
5. Pursuant to the Sales Agreement, Defendants agreed to make 120 payments of
$663.85. Each payment included $237.00 per month for lot rent. Each payment was due on or
before the first day of each month. The first payment was due on June 1, 2006.
6. On or about May 1, 2006, Plaintiff and Defendants entered into a written lease for the
Premises ("Lease Agreement") for an initial term of one year, commencing on May 1, 2006. A true
and correct copy of the Lease Agreement is attached and incorporated by reference as Exhibit "B."
7. Pursuant to the Lease Agreement, the total monthly rent for the lot was $237.00,
which was due and payable on the first day of each month and became delinquent on the fifth day
of the month.
8. In the event that a payment for the lot rent became delinquent, a one dollar per day
late fee was assessed.
9. In the event that a payment for the purchase of the manufactured home became
delinquent, a five dollar per day late fee was assessed.
10. Defendants failed to make a timely payment of lot rent from May 2006 through
November 2006.
11. Defendants failed to make a timely payment for the purchase of the manufactured
home from May 2006 through November 2006.
12. The outstanding rent and late fees for both the lot rent and the purchase of the
manufactured home from November 2006 through January 2006 is $2,357.55.
13. Defendants have failed and refused to pay the outstanding charges as stated above.
14. Defendants were provided with a copy of the Park Rules and both agreed to and read
the Park Rules prior to signing the Lease Agreement.
15. Pursuant to the Park Rules, Defendants were required to have a storage shed on the
Premises.
16. Defendants failed to obtain a storage shed for the Premises.
17. Defendants were first informed of their failure to have a storage shed by letter dated
October 18, 2006. A true and accurate copy of this letter is attached hereto as Exhibit "C."
18. By virtue of their failure to pay the outstanding charges and their failure to conform
to Park Rules, Defendants are in breach of their obligations under both the Lease Agreement and the
Sales Agreement.
COUNTI
ACTION IN EJECTMENT
19. The allegations contained in paragraphs 1-18 are incorporated herein by reference as
though set forth at length.
20. On November 20, 2006, Plaintiff served Defendants with a thirty day notice of intent
to terminate the lease. Defendants refused to vacate the premises after the expiration of the thirty
day termination period. A true and correct copy of the thirty day notice is attached hereto and
incorporate herein by reference as Exhibit "D."
21. By virtue of Defendants' breach of their obligations under both the Lease Agreement
and the Sales Agreement and by virtue of Plaintiff's termination of both the Lease Agreement and
Sales Agreement, Plaintiff is entitled to possession of both the Premises and the manufactured home.
WHEREFORE, Plaintiff demands judgment against Defendants for possession of both the
lot and the manufactured home.
COUNT II
CLAIM FOR UNPAID RENT AND MORTGAGE PAYMENTS
22. The allegations contained in paragraphs 1-21 are incorporated herein by reference as
though set forth at length.
23. Pursuant to the Lease Agreement, Defendants are indebted to Plaintiff for unpaid lot
rent and late fees in the amount of $772.00 for the period of November 2006 through January 2007.
24. Pursuant to the Sales Agreement, Defendants are indebted to Plaintiff for unpaid
installment payments on the purchase of the manufactured home and late fees in the amount of
$1,585.55 for the period of November 2006 through January 2007.
25. The total debt for November 2006 through January 2007 is $2,357.55. Additional
rent charges, installment charges and late fees may have accrued subsequent to the filing of this
Complaint.
COUNT III
ACTION IN REPLEVIN
26. The allegations in paragraphs 1-25 are incorporated herein by reference as though set
forth at length.
27. The property to be replevied is a manufactured home located at 28 Country View
Estates, Newville, Cumberland County, Pennsylvania.
28. The manufactured home at issue is valued at approximately $35,000.00.
29. Plaintiff is entitled to replevy the manufactured home because Defendants have failed
to make any timely installment payments towards the purchase of the home. Additionally,
Defendants have failed to make any installment payments from November 2006 through January
2007.
WHEREFORE, Plaintiff demands both judgment in his favor and against Defendants in the
amount of $2,357.55, plus any additional charges for lot rent, for the purchase of the manufactured
home and for other charges which may become due and payable between the filing of this Complaint
and trial and replevy of the manufactured home located at 28 Country View Estates.
MARTSON LAW OFFICES
By ,BLIX J,
Seth T. Mosebey, Es uire
I. D. Number 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 6113107 Attorneys for Plaintiff
EXHIBIT A
Sales agreement
I/We Jeffrey and Sharlene Young hereby enter
into an agreement with John Walter to purchase the
manufactured home located at 28 Country View
Estates, Neves ille, PA 17241.
If We Jeffrey and Sharlene Young agree to make
120 payments in the amount ofd' . The said
payment will be due on or before the 1st of each
month. With the first payment starting June 1, 2006.
Payment includes lot rent in the amount of '33?
and will be subject to any increase the park may
deem necessary.
In the event of default no refunds or monies paid
prior will be refunded. You will be considered in
default after a period of 30 days.
Homeowner will be responsible for providing
homeowners insurance for the duration of the sales
agreement.
John Walter will be entitled to an annual T -?sPec-A-;v,-)
of the said manufactured home
This agreement is entered into this 28th day of
April, 2006.
Jeffrey Young
Sharlene Young
John Walter
? XL
,111 ??/Ll t 4
COMMONWEAL (H vF P=ENNSYLVANIA
Notarial Seal
Egon Louise Gdit, Notary Public
Silver Spring Twp., Cumberland County
My Commission Expires Apr. 19, 2009
'.Member, Pom vio,•n ? -.:c r -.1 Notaries
EXHIBIT B
LEASE AGREEMENT
This agreement, made and entered into in duplicate on this First day
of 20 ,, by and between COUNTRY VIEW ESTATES
herein a er called the management (Lessor) and
herein
after called I;Vsident (Lessee).
WITNESSETH: That the Management (the Lessor) does hereby rent
(lease) to the Resident (the Lessee) the following described premises, to
wit: L ^ 7- # for the term of one year, commencing on the first
day of
20_of_and ending on the last day of
20_ for the monthly sum computed as follows:
MonthlyRate
Basic Site Rental ..................................................................$ j 7
Additional Residents
4
$ If}.6?v
$
Pets
Description
Storage Fees for Special Vehicles
Description
Maintenance Charges
Type
Total Monthly Rent:
$ ?1z -e,
Concurrent with execution of this rental agreement, the Resident
(lessee) agrees to pay a deposit in an amount equal to the Basic Site Rental.
It is hereby agreed that this deposit will reserve the above space for a period
of 30 days from the date of execution of this agreement, or the date on which
the space is occupied, whichever is earlier. Thereafter, this deposit shall
apply as rental on the space, provided that only the Basic Site Rental shall be
Name Age
Country View Estates
Dog Application
Tenant Name
Lot #
Breed of Dog
Color
Approximate Adult Weight
Agreement
I/We , understand and agree to
abide by the following regulations, which will become part of our lease agreement
if this dog is approved:
1) Management must approve all dogs. Anyone found having a dog without
written approval from management will automatically incur a $40.00 per
month increase in rent. No dog with an average adult weight over 40
pounds will be approved except by special permission from management.
Additionally, certain dogs with known aggressive tendencies such as Pit
Bulls, German Shepherds, Rottweilers, and Dobermans will not be
approved under any circumstances.
2) The minimum charge for each dog up to 40 pounds is $20.00 per month.
The charge for larger approved dogs will be determined on a case by case
basis.
3) Dog owners accept full responsibility for any injury or damage caused by
their dogs. Park Owners and Management will accept NO responsibility
for your dog.
4) Dogs must be kept indoors at all times, except during exercise or walks.
When outside, a dog must be on a leash and attended at all times. Dogs
may not be tied outside alone.
5) Dog owners will be responsible for the cleanup of dog waste both on their
own lot and while on walks. The fine for failure to clean up dog waste is
$40.00 per occurrence.
6) Barking dogs will not be permitted. We realize that dogs bark
occasionally, however, continuous barking and/or complaints about your
dog will result in a $40.00 fine. This fine will be at the discretion of Park
Management.
Signature(s):
?rrrrrrrrrrrrrrrrrrr?rrrrrrrrrrrrrrrrr.•rrrrrrr?rrrrlrrrrrrrrrrrrrrrr¦rYrrrr¦
Office Use Only
Approved by: Date:
Ref. #
irrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr?rrrrrrrrrrrrrrrrrr?rrrrrrr•
due until such time as the space is occupied. Thereafter, the Total Monthly
Rent, as itemized above shall apply.
I hereby agree to pay in advance, and without offset, for said space the
Total Monthly Rent as itemized above. Charges are due and payable on the
first day of each month and become delinquent on the (fifth) day of the
month. I understand that if I do not pay these charges a lien may be imposed
on my home and my utilities may be disconnected. I have received a copy
of the park Rules and Regulations, have read the same, and agree that any
breach of the same by myself, my family, or guests, shall be a failure to
perform an expressed condition of the terms of my tenancy, and the
Management (Lessor) may terminate any residency for said breach.
It is agreed that I may terminate this tenancy by giving (30) days
written notice thereof, and rental shall be paid through that date. If there be
previously paid unused rent, the same shall be refunded when the premises
are vacated. It is further agreed that the Management (lessor) may terminate
my tenancy upon giving (15) days written notice and that rental shall be paid
through the date of termination of my tenancy. If the Management (Lessor)
employs the services of an attorney to enforce the provisions of this
agreement, I hereby agree to pay all reasonable attorney's fees, court costs,
and expenses. This tenancy is not transferable.
X I "I'W yi -. 1. c - 1% -6
'V4Wj 17 .1- -1/
Lessee
Date
Lessee Date
In the presence of
? ?(Management)
EXHIBIT C
Country View Estates
Newville, Pa. 17241
November 20, 2006
Notice of Eviction
Jeffrey & Sharlene Young
28 Country View Estates
Newville, Pa. 17241
Mr. and Mrs. Young:
You are being evicted from Country View Estates. You must move from the
home on Lot# 28 within 30 days from the date of this letter. If you do not
move by that date; formal eviction proceedings will begin. The reasons for
the eviction are:
1. Your November rent is now 20 days late and has been late every
month.
2. Your mortgage is now 20 days late and has been late every month.
3. You are also in violation of park rules:
a. You do not have a storage shed as required by Park Rules.
You were given until November 15 to obtain a shed. You
have not done this so you are receiving your second
violation.
In addition to being evicted: your home is being repossessed for non
payment of the mortgage. All charges will be in effect and accumulate until
you move from the home. At that time all back charges must be paid along
with any damage charges that may have occurred. A one dollar a day late
fee for rent and a five dollar a day late fee for your mortgage will
accumulate until paid.
John D. Walter
Owner, Country View Estates
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and
belief. To the extent that the content of the document is that of counsel, I have relied upon
counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities, which provides that if I make knowingly
false averments, I may be subject to criminal penalties.
Date:
-- ?z
ohn RWalter
co
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 538
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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
F:\FILES\General\Current\ 12428\ 12428.1. com2
Created 12/15/04 1113AM
Revised' 6/15/07 0 IOPM
12428.1
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 538
AMENDED COMPLAINT
1. John D. Walter, Plaintiff, is an adult individual residing at 105 Carlisle Road,
Newville, Cumberland County, Pennsylvania.
2. Plaintiff Country View Estates is a business located in Newville, Cumberland County,
Pennsylvania which provides lots for rent to mobile home owners.
3. Plaintiff John D. Walter is the owner of Country View Estates.
4. Plaintiff Country View Estates is the owner of a mobile home lot located at 28
Country View Estates, Newville, Cumberland County, Pennsylvania ("Premises").
5. Jeffrey and Sharlene Young, Defendants, are adult individuals who reside at 28
Country View Estates, Newville, Cumberland County, Pennsylvania.
6. On or about April 28, 2006, Plaintiff John D. Walter and Defendants entered into a
written sales agreement ("Sales Agreement") whereby Defendants agreed to purchase the
manufactured home located at 28 Country View Estates. A true and correct copy of the Sales
Agreement is attached hereto and incorporated herein by reference as Exhibit "A."
7. Pursuant to the Sales Agreement, Defendants agreed to make 120 payments of
$663.85. Each payment included $237.00 per month for lot rent. Each payment was due on or
before the first day of each month. The first payment was due on June 1, 2006.
8. On or about May 1, 2006, Plaintiff Country View Estates and Defendants entered into
a written lease for the Premises ("Lease Agreement") for an initial term of one year, commencing
on May 1, 2006. A true and correct copy of the Lease Agreement is attached and incorporated by
reference as Exhibit "B."
9. Pursuant to the Lease Agreement, the total monthly rent for the lot was $237.00,
which was due and payable on the first day of each month and became delinquent on the fifth day
of the month.
10. In the event that a payment for the lot rent became delinquent, a one dollar per day
late fee was assessed.
11. In the event that a payment for the purchase of the manufactured home became
delinquent, a five dollar per day late fee was assessed.
12. Defendants failed to make a timely payment of lot rent from May 2006 through
November 2006.
13. Defendants failed to make a timely payment for the purchase of the manufactured
home from May 2006 through November 2006.
14. The outstanding rent and late fees for both the lot rent and the purchase of the
manufactured home from November 2006 through January 2006 is $2,357.55.
15. Defendants have failed and refused to pay the outstanding charges as stated above.
16. Defendants were provided with a copy of the Park Rules and both agreed to and read
the Park Rules prior to signing the Lease Agreement.
17. Pursuant to the Park Rules, Defendants were required to have a storage shed on the
Premises.
18. Defendants failed to obtain a storage shed for the Premises.
19. Defendants were first informed of their failure to have a storage shed by letter dated
October 18, 2006. A true and accurate copy of this letter is attached hereto as Exhibit "C."
20. By virtue of their failure to pay the outstanding charges and their failure to conform
to Park Rules, Defendants are in breach of their obligations under both the Lease Agreement and the
Sales Agreement.
COUNTI
ACTION IN EJECTMENT
21. The allegations contained in paragraphs 1-20 are incorporated herein by reference as
though set forth at length.
22. On November 20, 2006, Defendants were served with a thirty day notice of intent to
terminate the lease. Defendants refused to vacate the premises after the expiration of the thirty day
termination period. A true and correct copy of the thirty day notice is attached hereto and
incorporate herein by reference as Exhibit "D."
23. By virtue of Defendants' breach of their obligations under both the Lease Agreement
and the Sales Agreement and by virtue of Plaintiffs' termination of both the Lease Agreement and
Sales Agreement, Plaintiffs are entitled to possession of both the Premises and the manufactured
home.
WHEREFORE, Plaintiffs demand judgment against Defendants for possession of both the
lot and the manufactured home.
COUNT II
CLAIM FOR UNPAID RENT AND MORTGAGE PAYMENTS
24. The allegations contained in paragraphs 1-23 are incorporated herein by reference as
though set forth at length.
25. Pursuant to the Lease Agreement, Defendants are indebted to Plaintiff Country View
Estates for unpaid lot rent and late fees in the amount of $772.00 for the period of November 2006
through January 2007.
26. Pursuant to the Sales Agreement, Defendants are indebted to Plaintiff John D. Walter
for unpaid installment payments on the purchase of the manufactured home and late fees in the
amount of $1,585.55 for the period of November 2006 through January 2007.
27. The total debt for November 2006 through January 2007 is $2,357.55. Additional
rent charges, installment charges and late fees may have accrued subsequent to the filing of this
Complaint.
COUNT III
ACTION IN REPLEVIN
28. The allegations in paragraphs 1-27 are incorporated herein by reference as though set
forth at length.
27. The property to be replevied is a manufactured home located at 28 Country View
Estates, Newville, Cumberland County, Pennsylvania.
28. The manufactured home at issue is valued at approximately $35,000.00.
29. Plaintiff John D. Walter is entitled to replevy the manufactured home because
Defendants have failed to make any timely installment payments towards the purchase of the home.
Additionally, Defendants have failed to make any installment payments from November 2006
through January 2007.
WHEREFORE, Plaintiffs demand both judgment in their favor and against Defendants in
the amount of $2,357.55, plus any additional charges for lot rent, for the purchase of the
manufactured home and for other charges which may become due and payable between the filing
of this Complaint and trial and replevy of the manufactured home located at 28 Country View
Estates.
MARTSON LAW OFFICES
y_AIV
Seth T. Mosebey, Es uire
I. D. Number 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: E; hSl 07 Attorneys for Plaintiff
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of the la\\suit. The language of the document is that ofcounsel and
not m? own. I ha\ e read the document and to the extent that it is based upon information \\ hick I
ha\ e gig en to my counsel. it is true and correct to the best of mN kno\N ledge. information and
belief. To the extent that the content of the document is that ofcounsel, I ha\e relied upon
counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities, which provides that if I make knowingly
false averments, I may, be subject to criminal penalties.
Date: 6 l / S 07
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Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07 - 538 CIVIL TERM
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
ACCEPTANCE OF SERVICE
I, Douglas G. Miller, Esquire, attorney for Defendants Jeffrey Young and Sharlene Young
in the above-captioned action, hereby accept service of the Complaint in the above action
on ;!A+& / , 2007, on their behalf and certify that I am authorized to do so.
IRWIN & McKNIGHT
r
By L
D uglas Miller, Esq ire
Attorne for Defendant
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Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 538
PRAECIPE
Please make the attached exhibits, which are Exhibit "A," "B," "C," and "D" to the Amended
Complaint, part of the record.
MARTSON LAW OFFICES
Date: V ql o*-)
By: ?•
Seth T. Mosebey, Esquire
Attorney I.D. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
F TILES\12428\12428. 1. prat
Sales agreement
I/We Jeffrey and Sharlene Young hereby enter
into an agreement with John Walter to purchase the
manufactured home located at 28 Country View
Estates, Newv ille, PA 17241.
I/We Jeffrey and Sharlene Young agree to make
120 payments in the amount of t,.y The said
payment will be due on or before the l "-of each
month. With the first payment starting June 1, 2006.
Payment includes lot rent in the amount of
and will be subject to any increase the park may
deem necessary.
In the event of default no refunds or monies paid
prior will be refunded. You will be considered in
default after a period of 30 days.
Homeowner will be responsible for providing
homeovvners insurance for the duration of the sales
agreement.
John Walter will be entitled to an annual T sec{-?'? .
of the said manufactured home
This agreement is entered into this 28`h day of
April, 2006.
Jeffrey Young
Sharlene Young
l '
John Walter
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COMMCNW-;:.L(;1 -iF rENNSYLJANtA
NOW N Sod
E1en Louisa GrM*, Notary Public
Sher Spring Twp., Cumberland County
My Cammwion Exp res Apr. 13, 2009
',lember, °prn,y%, ^ . ' r I N-tarsi
LEASE AGREEMENT
This agreement, made and entered into in duplicate on this First day
of 20_,,:,/,*, by and between COUNTRY VIEW ESTATES
herein a er called the management (Lessor) and
herein
after called Wesident (Lessee).
WITNESSETH: That the Management (the Lessor) does hereby rent
(lease) to the Resident (the Lessee) the following described premises, to
wit: 4 # ?l for the term of one year, commencing on the first
day of
Y? 20o and ending on the last day of
20_C2 for the monthly sum computed as follows:
MonthlyRate
Basic Site Rental ..................................................................$
Additional Residents
Name Age
2 7r
Lzk
3 $
4
Pets
Description
Storage Fees for Special Vehicles
Description
Afaintenance Charges
Type
Total Monthly Rent:
$ ? C
Concurrent with execution of this rental agreement. the Resident
lessee) aurees to pa, a deposit in an amount equal to the Basic Site Rental.
It is hereby agreed that this deposit will reserve the above space for a period
of 30 days from the date of execution of this agreement, or the date on which
the space is occupied, whiche,er is earlier. Thereafter, this deposit shall
apply as rental on the space, provided that only the Basic Site Rental shall be
Country View Estates
Dog Application
Tenant Name
Lot #
Breed of Dog
Color
Approximate Adult Weight
Agreement
I/We , understand and agree to
abide by the following regulations, which will become part of our lease agreement
if this dog is approved:
1) Management must approve all dogs. Anyone found having a dog without
written approval from management will automatically incur a $40.00 per
month increase in rent. No dog with an average adult weight over 40
pounds will be approved except by special permission from management.
Additionally, certain dogs with known aggressive tendencies such as Pit
Bulls, German Shepherds, Rottweilers, and Dobermans will not be
approved under any circumstances.
2) The minimum charge for each dog up to 40 pounds is $20.00 per month.
The charge for larger approved dogs will be determined on a case by case
basis.
3) Dog owners accept full responsibility for any injury or damage caused by
their dogs. Park Owners and Management will accept NO responsibility
for your dog.
4) Dogs must be kept indoors at all times, except during exercise or walks.
When outside, a dog must be on a leash and attended at all times. Dogs
may not be tied outside alone.
5) Dog owners will be responsible for the cleanup of dog waste both on their
own lot and while on walks. The fine for failure to clean up dog waste is
$40.00 per occurrence.
6) Barking dogs will not be permitted. We realize that dogs bark
occasionally, however, continuous barking and/or complaints about your
dog will result in a $40.00 fine. This fine will be at the discretion of Park
Management.
Signature(s):
r I 1 r r r I r r r r r r r I r I ............................. r r r r r r r r r r r r r r r r r r r r r• • r r as
Office Use Only
Approved by: Date:
Ref. #
irrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr•
due until such time as the space is occupied. Thereafter, the Total Monthly
Rent, as itemized above shall apply.
I hereby agree to pay in advance, and without offset, for said space the
Total Monthly Rent as itemized above. Charges are due and payable on the
first day of each month and become delinquent on the (fifth) day of the
month. I understand that if I do not pay these charges a lien may be imposed
on my home and my utilities may be disconnected. I have received a copy
of the park Rules and Regulations, have read the same, and agree that any
breach of the same by myself, my family, or guests, shall be a failure to
perform an expressed condition of the terms of my tenancy, and the
Management (Lessor) may terminate any residency for said breach.
It is agreed that I may terminate this tenancy by giving (30) days
written notice thereof, and rental shall be paid through that date. If there be
previously paid unused rent, the same shall be refunded when the premises
are vacated. It is further agreed that the Management (lessor) may terminate
my tenancy upon giving (15) days written notice and that rental shall be paid
through the date of termination of my tenancy. If the Management (Lessor)
employs the services of an attorney to enforce the provisions of this
agreement, I hereby agree to pay all reasonable attorney's fees, court costs,
and expenses. This tenancy is not transferable.
x
Lessee Date
Y
Lessee
Date
In the presence of ?c L .--if :(Management)
Country View Estates
Newville, Pa. 17241
October 18, 2006
Notice of Eviction
Jeffrey & Sharlene Young
28 Country View Estates
Newville, Pa. 17241
Mr. and Mrs. Young:
You are being evicted from Country View Estates. You must move from the
home on Lot# 28 within 30 days from the date of this letter. If you do not
move by that date; formal eviction proceedings will begin. The reasons for
the eviction are:
1. Your October rent is now 18 days late and has been late every
month.
2. Your mortgage is now 18 days late and has been late every month.
3. You are in violation of several park rules:
a. You do not have a storage shed as required by Park Rules.
b. Your son has been named as a participant in throwing and
scattering stones around the park.
In addition to being evicted: your home is being repossessed for non
payment of the mortgage. All charges will be in effect and accumulate until
you move from the home. At that time all back charges must be paid along
with any damage charges that may have occurred. A one dollar a day late
fee for rent and a five dollar a day late fee for your mortgage will
accumulate until paid.
John D. Walter
Owner, Country View Estates
Country View Estates
Newville, Pa. 17241
November 20, 2006
Notice of Eviction
Jeffrey & Sharlene Young
28 Country View Estates
Newville, Pa. 17241
Mr. and Mrs. Young:
You are being evicted from Country View Estates. You must move from the
home on Lot# 28 within 30 days from the date of this letter. If you do not
move by that date; formal eviction proceedings will begin. The reasons for
the eviction are:
1. Your November rent is now 20 days late and has been late every
month.
2. Your mortgage is now 20 days late and has been late every month.
3. You are also in violation of park rules:
a. You do not have a storage shed as required by Park Rules.
You were given until November 15 to obtain a shed. You
have not done this so you are receiving your second
violation.
In addition to being evicted: your home is being repossessed for non
payment of the mortgage. All charges will be in effect and accumulate until
you move from the home. At that time all back charges must be paid along
with any damage charges that may have occurred. A one dollar a day late
fee for rent and a five dollar a day late fee for your mortgage will
accumulate until paid.
John D. Walter
Owner, Country View Estates
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By l g
M;yf M. Price
Te East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: )/ q/Q
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
MARTSON LAW OFFICES
A'j
By
M . Price
Ten st High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 7 9 )0-)
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JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and SHARLENE
YOUNG,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2007 - 0538 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANTS
TO PLAINTIFFS' COMPLAINT
AND NOW this 18`h day of July, 2007, come the Defendants, JEFFREY YOUNG and
SHARLENE YOUNG, by and through their attorneys, Irwin & McKnight, and make the
following Preliminary Objections to Plaintiffs' Complaint, and in support thereof aver the
following:
1. Preliminary Objection for Lack of Capacity to Sue Pursuant to Pa. R.Civ. P.
1028(a)(5).
1. Plaintiffs filed an Amended Complaint on or about June 15, 2007 against
Defendants alleging causes of action for ejectment, unpaid rent and mortgage payments, and
replevin.
2. Plaintiff Country View Estates is identified in the Amended Complaint as a
business located in Newville, Cumberland County, Pennsylvania, which provides lots for rent to
mobile home owners.
3. The only Pennsylvania registered business name similar to Plaintiff Country View
Estates, is a corporate entity called "Country View Estates, Inc." having a principal office in
Haverford, Delaware County, Pennsylvania.
4. Upon information and belief, the corporate entity registered as "Country View
Estates, Inc." is separate and distinct from Plaintiffs in the instant action.
5. Plaintiff's name, Country View Estates, is therefore a fictitious name within the
meaning of Section 302 of the Pennsylvania Fictitious Names Act 54 Pa.C.S.A. §§301-332
(hereinafter "the Act").
6. Plaintiff's fictitious name is not now registered with the Commonwealth of
Pennsylvania, and was not registered prior to the institution of the action as required under the
Act. 54 Pa.C.S.A. §331(a).
7. Under the Act, no action can be maintained by a party using a nonregistered
fictitious name until registration and any other necessary compliance with the Act has occurred.
54 Pa.C.S.A. §331.
8. Plaintiff Country View Estates is accordingly without capacity to sue or maintain
this action and is barred from maintaining this action against Defendants under the Act.
9. The contracts upon which the Plaintiffs here initiated this cause of action were
entered into by Plaintiffs using a nonregistered fictitious name.
10. Under the Act, a plaintiff must pay a civil penalty of $500 to the Commonwealth
before being allowed to institute suit on a transaction where a nonregistered fictitious name was
used.
2
11. Upon information and belief, Plaintiff has not paid a $500 penalty to the
Commonwealth in connection with the transaction upon which this action is based.
12. For the foregoing reasons, Plaintiff Country View Estates is barred from
instituting and maintaining this action in this Court.
WHEREFORE, Defendants Jeffrey Young and Sharlene Young respectfully request that
this Honorable Court dismiss the claims in Plaintiffs' Amended Complaint, or in the alternative,
stay the action pending Plaintiffs' compliance with the Pennsylvania Fictitious Names Act.
Respectfully Submitted,
IRWIN & McKNIGHT
By:
Douglas Miller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: July 18, 2007 Attorney for Defendants
3
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Seth T. Mosebey, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Date: July 18, 2007 IRWIN & McKNIGHT
Douglas G ffMiller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendants
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F:\FaLE M 12428\ 12428.1. application
Created: 12/15104 1 I :13 AM
Revised: 8/1/07 9:27AM
12428.1
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
No. 07-538
PETITION FOR RELEASE OF FUNDS FROM ESCROW
1. On or about January 16, 2007, Magisterial District Judge Paula P. Correal entered
judgment in favor of Plaintiff for possession of real property pending satisfaction of the money
judgment in the amount of $2,493.60.
2. On or about January 26, 2007, Defendants appealed the judgment and paid three
months' rent as a supersedeas.
3. Pursuant to Pa. R.C.P. M.D.J. Rule 1008, Defendants are required to deposit cash
with the Prothonotary in a sum equal to the monthly rent which becomes due during the period the
appeal is pending.
4. Defendants have made the following payments of monthly rent:
Date Amount
February 5, 2007 $663.85
March 6, 2007 $663.85
April 10, 2007 $663.85
May 4, 2007 $663.85
June 6, 2007 $663.85
Total: $3,319.25
5. Pursuant to Pa. R.C.P. M.D.J. Rule 1008, "[u]pon application by the landlord, the
court shall release appropriate sums from the escrow account on a continuing basis while the appeal
is pending to compensate the landlord for the tenant's actual possession and use of the premises
during the pendency of the appeal."
6. Consequently, Plaintiff is entitled to both the rent which has been paid into escrow
and any future payments of rent as they are paid during the pendency of this appeal.
7. Concurrence of opposing counsel was sought, and opposing counsel does not object
to the filing of this Petition.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court release the $3,319.25
of rent paid into escrow through June 2007, together with any amounts paid since June 2007 and any
future payments of monthly rent in the amount of $663.85 as it is paid by Defendants.
MARTSON LAW OFFICES
By,-RZP J -
Seth T. Mosebey, Esquire
I. D. Number 203046
Ten East High Street
Carlisle, PA 17013
311 07 (717) 243-3341
Date: Attorneys for Plaintiff
CERTIFICATE OF SERVICE
1, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first
class mail, postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By
N?Wfm. Price
Te East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Y///a
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F \FILES\ 1 2428\ 12428.1. applieation2
Created. 12/ 15/04 1 1:13 AM
Revised: 8/2/07 5 5IPM
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 538
AMENDED PETITION FOR RELEASE OF FUNDS FROM ESCROW
1. The original Petition for Release of Funds from Escrow was filed on August 1, 2007.
Thereafter, opposing counsel notified counsel for Plaintiffs that the Petition contained the incorrect
caption. Consequently, this Petition is being filed with a corrected caption.
2. On or about January 16, 2007, Magisterial District Judge Paula P. Correal entered
judgment in favor of Plaintiff for possession of real property pending satisfaction of the money
judgment in the amount of $2,493.60.
3. On or about January 26, 2007, Defendants appealed the judgment and paid three
months' rent as a supersedeas.
4. Pursuant to Pa. R.C.P. M.D.J. Rule 1008, Defendants are required to deposit cash
with the Prothonotary in a sum equal to the monthly rent which becomes due during the period the
appeal is pending.
5. Defendants have made the following payments of monthly rent:
Date Amount
February 5, 2007 $663.85
March 6, 2007 $663.85
April 10, 2007 $663.85
May 4, 2007 $663.85
June 6, 2007 $663.85
Total: $3,319.25
6. Pursuant to Pa. R.C.P. M.D.J. Rule 1008, "[u]pon application by the landlord, the
court shall release appropriate sums from the escrow account on a continuing basis while the appeal
is pending to compensate the landlord for the tenant's actual possession and use of the premises
during the pendency of the appeal."
7. Consequently, Plaintiff is entitled to both the rent which has been paid into escrow
and any future payments of rent as they are paid during the pendency of this appeal.
Concurrence of opposing counsel was sought, and opposing counsel does not object
to the filing of this Petition.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court release the $3,319.25
of rent paid into escrow through June 2007, together with any amounts paid since June 2007 and any
future payments of monthly rent in the amount of $663.85 as it is paid by Defendants.
MARTSON LAW OFFICES
By,O,d.& 3- 4?44
Seth T. Mosebey, Esq re
I. D. Number 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: ?3 /07 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Amended Petition was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By
a Price
Te ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: '5 3 10 7
rle
c'
t
C 713
- 4
_ CD -,-
/ 1
M{ -
AUG 0 2 2007
JOHN D. WALTER,
Plaintiff,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-538 Cis V L.
ORDER
-
AND NOW, this 31 day of , 2007, upon consideration of Plaintiff's
Petition for Release of Funds from Escrow, Plaintiff s Petition is hereby GRANTED, and $3,319.25
is released from escrow to Plaintiff, together with future monthly payments made during the
pendency of this appeal as such payments are made by Defendants.
THE COURT,
, J.
ko? - 1, ol 07IJ
CC :l Wd C- ON LOOZ
AUVlONOHi0?id :,Hl da
90W'O -a311?
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
AUG 0 62007,j6/
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
ORDER
AND NOW, this -10 day of '2007, upon consideration of Plaintiffs'
Amended Petition for Release of Funds from Escrow, Plaintiffs' Petition is hereby GRANTED, and
$3,319.25 is released from escrow to Plaintiffs, together with future monthly payments made during
the pendency of this appeal as such payments are made by Defendants.
T,
, J.
O
o/
ZZ :C Wd L- AV ZOOZ
:Dd do
L-
FARL SU2428\12428.1. ioO
Crated: 12/15/04 11:13AM
Revised: 8/28107 8:27AM
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 07 - 538
SECOND AMENDED PETITION FOR RELEASE OF FUNDS FROM ESCROW
1. On or about January 16, 2007, Magisterial District Judge Paula P. Correal entered
judgment in favor of Plaintiff for possession of real property pending satisfaction of the money
judgment in the amount of $2,493.60.
2. On or about January 26, 2007, Defendants appealed the judgment and paid three
months' rent as a supersedeas. The three months' rent totaled $1,991.55.
3. Pursuant to Pa. R.C.P. M.D.J. Rule 1008, Defendants are required to deposit cash
with the Prothonotary in a sum equal to the monthly rent which becomes due during the period the
appeal is pending.
4. Defendants have made the following payments of monthly rent:
Date
Three months' rent (appeal)
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
Amount
$1,991.55
$663.85
$663.85
$663.85
$663.85
$663.85
$663.85
$663.85
Total: $6,638.50
L' .
5. Pursuant to Pa. R.C.P. M.D.J. Rule 1008, "[u]pon application by the landlord, the
court shall release appropriate sums from the escrow account on a continuing basis while the appeal
is pending to compensate the landlord for the tenant's actual possession and use of the premises
during the pendency of the appeal."
6. Consequently, Plaintiff is entitled to both the rent which has been paid into escrow
and any future payments of rent as they are paid during the pendency of this appeal.
7. Concurrence of opposing counsel was sought, and opposing counsel does not object
to the filing of this Petition.
WHEREFORE, Plaintiffrespectfully requests that this Honorable Courtrelease the $6,638.50
of rent paid into escrow through August 2007, together with any amounts paid since August 2007
and any future payments of monthly rent in the amount of $663.85 as it is paid by Defendants.
MARTSON LAW OFFICES
J
By -
Seth T. Mosebey, Esquire
I. D. Number 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: $rk/ fi Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Amended Petition was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By "71, Qa?
M. Price
T East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ?a,?O
c Fri ?-....
?
r ? t '
r3 rn =
jrn
w r "' ?
11110708312007
PYS405
Distribution
Cumberland County Prothonotary's Office
Manual Release Check Register
Case No Accounting-
Escrow Tran
Amount Date
8/3I/2007
Date
Release
------
3919 --------------
WALTER JOHN -------- ----------------------
Check Date: ------------
08/31/2007 ------------------
Check No.: 1723
RENT 2007- 00538 PYMT/CHECK 1991.55 1/26/2007
RENT 2007- 00538 PYMT/CHECK 663.85 2/05/2007
RENT 2007- 00538 PYMT/CHECK 663.85 3/06/2007
RENT 2007- 00538 PYMT/CHECK 663.85 4/10/2007
RENT 2007- 00538 PYMT/CHECK 663.85 5/04/2007
RENT 2007- 00538 PYMT/CHECK 663.90 6/06/2007
RENT 207-
0 00538 YMTZCHECK
P .
66390 7O6Z2007
20
7- 00538 YMT7CHECK 663.90 8/06/2007
Payee total: 6638.65
Grand total: 6,638.65
07-538 "release rent"
Walter vsir d ff$ 2 311@ 1:0 3 L 3 150 3 61: LOB L L L L? L 1
}
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-r -r;
Q
l
a ,
AUG Ile
E 92007
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
:No. 07 - 538
ORDER
?
AND NOW, this ?GG7 day of 2007, upon consideration of Plaintiffs'
Amended Petition for Release of Funds from Escrow, Plaintiffs' Petition is hereby GRANTED, and
the Prothonotary is directed to release $6,638.50 to John Walter, C/o MARTSON LAW OFFICES,
10 East High Street, Carlisle, PA 17013, together with future monthly payments made during the
pendency of this appeal as such payments
, J.
90-Q0
?, V?lj
s?
1??
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER,
Plaintiff,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 07 - 538
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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
FARLEMlients\12428\12428. t.com3
Created: 12/15/04 11:13AM
Revised: 211108 2.10PM
12428.1
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
SECOND AMENDED COMPLAINT
1. John D. Walter, Plaintiff, is an adult individual residing at 105 Carlisle Road,
Newville, Cumberland County, Pennsylvania.
2. Plaintiff is the owner of a mobile home lot located at 28 Country View Estates,
Newville, Cumberland County, Pennsylvania ("Premises")
3. Jeffrey and Sharlene Young, Defendants, are adult individuals who reside at 28
Country View Estates, Newville, Cumberland County, Pennsylvania.
4. On or about April 28, 2006, Plaintiff and Defendants entered into a written sales
agreement ("Sales Agreement") whereby Defendants agreed to purchase the manufactured home
located at 28 Country View Estates. A true and correct copy of the Sales Agreement is attached
hereto and incorporated herein by reference as Exhibit "A."
5. Pursuant to the Sales Agreement, Defendants agreed to make 120 payments of
$663.85. Each payment included $237.00 per month for lot rent. Each payment was due on or
before the first day of each month. The first payment was due on June 1, 2006.
6. In the event that a payment for the purchase of the manufactured home became
delinquent, a five dollar per day late fee was assessed. A copy of Defendants' agreement to the late
fee is attached hereto and incorporated as Exhibit "B."
7. Defendants failed to make a timely payment pursuant to the Sales Agreement from
June 2006 through November 2006.
8. The outstanding rent and late fees for both the lot rent and the purchase of the
manufactured home from November 2006 through January 2006 was $2,357.55.
9. Pending appeal, Defendants initially paid the equivalent of three months' rent into
escrow.
10. Defendants also paid monthly rent from February 2007 through September 2007 into
escrow.
11. Upon application by Plaintiff, the amounts Defendants paid into escrow were released
to Plaintiff by the Prothonotary.
12. Defendants have failed to make timely payments into escrow pursuant to the Sales
Agreement from October 2007 through January 2008. Each payment due was in the amount of
$663.85.
13. Payments into escrow during the pendency of the appeal are required pursuant to Pa.
R.C.P. M.D.J. 1008.
14. Defendants have failed and refused to pay the outstanding charges as stated above.
15. By virtue of their failure to pay the outstanding charges throughout the duration of
the Sales Agreement, Defendants are in breach of their obligations under the Sales Agreement.
16. Defendants are otherwise in breach of the Sales Agreement.
17. Defendants were first provided with a Notice of Eviction by letter dated October 18,
2006. A true and accurate copy of this letter is attached hereto as Exhibit "C."
18. On November 20, 2006, Defendants were served with a thirty day notice of intent to
terminate the Sales Agreement. A true and correct copy of the thirty day notice is attached hereto
and incorporate herein by reference as Exhibit "D."
19. Defendants refused to vacate the premises after the expiration of the thirty day
termination period.
20. By virtue of Defendants' breach of their obligations under the Sales Agreement and
by virtue of Plaintiff's termination of the Sales Agreement, Plaintiff is entitled to possession of the
lot.
21. Pursuant to the Sales Agreement, Defendants are indebted to Plaintiff for unpaid lot
rent and payments for the purchase of the mobile home in the amount of $2,655.40 for the period
of November 2006 through January 2008.
22. Defendants are indebted to Plaintiff for late charges for the unpaid lot rent and
payments for the purchase of the mobile home.
23. Additional rent charges, installment charges and late fees may have accrued
subsequent to the filing of this Complaint.
24. Upon information and belief, Defendants hold title to the manufactured home located
at 28 Country View Estates.
25. Pursuant to 72 P.S. § 5453.617a, Defendants, as the individuals listed in the title for
the mobile home are responsible for the payment of real estate taxes on the mobile home.
26. Defendants have failed and refused to pay real estate taxes in the amount of $631.09.
A copy of the Real Estate Tax Notice is attached hereto and incorporated as Exhibit "E."
WHEREFORE, Plaintiff demands judgment in his favor and against Defendants in the
amount of $3,286.49, plus any additional charges for past due lot rent, installment sales payments,
late fees and for other charges which may become due and payable between the filing of this
Complaint and trial, along with possession of the mobile home lot located at 28 Country View
Estates.
MARTSON LAW OFFICES
By C,g40 T
Seth T. Mosebey, Esquire
I. D. Number 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Z 11/0 8 Attorneys for Plaintiff
EXHIBIT A
Sales agreement
I/We Jeffrey and Sharlene Young hereby enter
into an agreement with John Walter to purchase the
manufactured home located at 28 Country View
Estates, Newville, PA 17241.
I/We Jeffrey and Sharlene Young agree to make
120 payments in the amount of The said
payment will be due on or before the 1 st of each
month. With the first payment starting June 1, 2006.
Payment includes lot rent in the amount of .3 3 ? `=-'
and will be subject to any increase the park may
deem necessary.
In the event of default no refunds or monies paid
prior will be refunded. You will be considered in
default after a period of 30 days.
Homeowner will be responsible for providing
homeowners insurance for the duration of the sales
agreement.
John Walter will be entitled to an annual T -, Sperm- 'o . ?
of the said manufactured home
This agreement is entered into this 28`h day of
April, 2006.
Jeffrey Young
?o ?..Sharlene Young
' • ; , ?.?`' John Walter
0 VOW
q .
COMMOh'Nc, L(H :JF &'ENNSYLVANIA
NOW W Seas
Ellen Louise GnMe, Notary Public
Sever Spring Twp., Cw*edand County
My Canxnission Expres Apr. 1.9, 2009
',lember,'ern.y!v r , ` Notaries
EXHIBIT B
Loan Schedule for Account "Jeffrey and Sharlene Young"
Pmt Date Principal Interest Balance
Current Balance: 0.00
Remaining Pmts: 120
Final Pmt Date: 5/1/2016
The mortgage is due on the first of each month. A $5 charge will be
applied from the first day of the month for payments received after the 5th of
the month.
Signature ? Date
Ji
Signatwe,,-?---a Date 0( ,
EXHIBIT C
Country View Estates
Newville, Pa. 17241
October 18, 2006
Notice of Eviction
Jeffrey & Sharlene Young
28 Country View Estates
Newville, Pa. 17241
Mr. and Mrs. Young:
You are being evicted from Country View Estates. You must move from the
home on Lot# 28 within 30 days from the date of this letter. If you do not
move by that date; formal eviction proceedings will begin. The reasons for
the eviction are:
1. Your October rent is now 18 days late and has been late every
month.
2. Your mortgage is now 18 days late and has been late every month.
3. You are in violation of several park rules:
a. You do not have a storage shed as required by Park Rules.
b. Your son has been named as a participant in throwing and
scattering stones around the park.
In addition to being evicted: your home is being repossessed for non
payment of the mortgage. All charges will be in effect and accumulate until
you move from the home. At that time all back charges must be paid along
with any damage charges that may have occurred. A one dollar a day late
fee for rent and a five dollar a day late fee for your mortgage will
accumulate until paid.
John D. Walter
Owner, Country View Estates
EXHIBIT D
Country View Estates
Newville, Pa. 17241
November 20, 2006
Notice of Eviction
Jeffrey & Sharlene Young
28 Country View Estates
Newville, Pa. 17241
Mr. and Mrs. Young:
You are being evicted from Country View Estates. You must move from the
home on Lot# 28 within 30 days from the date of this letter. If you do not
move by that date; formal eviction proceedings will begin. The reasons for
the eviction are:
1. Your November rent is now 20 days late and has been late every
month.
2. Your mortgage is now 20 days late and has been late every month.
3. You are also in violation of park rules:
a. You do not have a storage shed as required by Park Rules.
You were given until November 15 to obtain a shed. You
have not done this so you are receiving your second
violation.
In addition to being evicted: your home is being repossessed for non
payment of the mortgage. All charges will be in effect and accumulate until
you move from the home. At that time all back charges must be paid along
with any damage charges that may have occurred. A one dollar a day late
fee for rent and a five dollar a day late fee for your mortgage will
accumulate until paid.
John D. Walter
Owner, Country View Estates
EXHIBIT E
SEP-07-2007 05:29PM FROM-IRWIN & WcKNIGHT LAW OFFICES
Jniney o Am010, I ax uollector
650 Mohawk Road
Newville, PA 17241
RETURN SERVICE REQUESTED
THIS TAXIS DUE AND PAYADLE,YOU ARE HEREBY
REQUESTED TO MAKE PAYMeNTTHEREfjF.
r
29 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
+7172496354 T-571 P.003/004 F-026
BIG •SPPJNG ,¦ SCHOOL DIMICT 200 7108 REAIL ESTATE TAX NOTICE
TAXPAYER'S COPY • KEEP THIS PORTION FOR YOUR RECORDS
MUNICIPAL CODE: 43
BILL DATE: 00107 PROPERTY. 028 COUNTRY VIEW EsTAT
BILL NO.: 828 MAP CODE: 4345.0417.032
TAXES PAYABLE TO: TAX MILLS: 14194
Shirley J Arnold, Tax Collador ASSESSED VALUE:40420
CASH CHECK 0 AMOUNT S
2!4 DISCOUNT I FACE puTy
To 08r31A7 08101A7 to 10/31107 m01ro7 To 1vs1,07
3562.25 I 5573.72
IIUIST PAYMENT SECOND PAYMENT
NO DISCOUNT N/A N/A
M Paid On or Berate If Peld On of BMN
81107 890!07
T
$631.09
FINAL PAYMENT
N/A
If Peld On or Boforo
1097/07
MAKE; CHECKS PAYABLE TO:
Shirley J Amold, Tax Collector SCHOOL DISTRICT ESTATE 1
650 Mohawk Road BIG SPRING AREA Newville, PA 17241 RETURN THIS PORTION WITH PAYMENT FOR FINAL INSTALLMENT
RETURN SERVICE REQUESTED PROPERTY LOCATION
028 COUNTRY VIEW ESTATES WALTER, JOHN D & HEIDI A
LOT 28 28 COUNTRY VIEW ESTATES
BILL #: 928 Mobile Home - No Land NEWVILLE, PA 17241
Please indicate:
Q FINAL INSTALLMENT ? FINAL INSTALLMENT WITH PENALTY
MA1 CASH CHECK If AMOUNTS
LT0:
NO DISCOUNT
Shirley J Arnold, Tax Collector n Pold on er Batoro
650 Mohawk Road 10/31/07 N/A
Newville, PA 17241
1„111111111,1,1,f111111lII NP,ld A""
10/31/07 N/A
C
H
n
E
F
MAKE CHECKS PAYABLE TO: ......................................... .......................................................................-.... .......
Shirley J Arnold, Tax Collector '
650 Mohawk Road SPRING ,¦ SCHOOL DISTRI
I BIG CT
2007,1138 REAL TAX NOTIC E
Newville, PA 17241 RETURN THIS PORTION WITH PAYMENT FOR SECOND INSTALLMENT
RETURN SERVICE REQUESTED PROPERTY LOCATION
0207 28 COUNTRY VIEW ESTATES WALTER. JOHN D & HEIDI A V
BILL 928 Mobile Home - NO Land 28 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
Please indcate• f
Q 2ND INSTALLMENT 2ND INSTALLMENT WITH PENALTY F
MAIL TO! CASH CHECK t AMOUNTS
NO DISCOUNT
Shirley J Arnold, Tax Collector
650 Mohawk Road It Paid On or Before
Newville, PA 17241 9/30/07 N/A
l11 J I 11111111 11 111111 Rill If Paid Alhv
9/30/07 N/A
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and
belief. To the extent that the content of the document is that of counsel, I have relied upon
counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities, which provides that if I make knowingly
false averments, I may be subject to criminal penalties.
Date:
;d 2E
ohn . Walter
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By_ Vtmj) , ae-?
M . Price
Ten Vast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ? Ille
{
P:OLEWlients\ 12428\ 12428.1. pra 3. wpd
Created: 9/20/04 0:06PM
Revised: 2/1/08 2:13PM
11626.2
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please terminate the supersedeas in the within action for failure of the appellant to pay
monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 for a period in excess of thirty (30) days."
MARTSON LAW OFFICES
By:p rv` ?• O?
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 8 Attorneys for Defendant
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
MARTSON LAW OFFICES
By 774, (?'
M . Price
Ten Vast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: a-1 I /0F
a
Cis
F: \FILES\Clients\ 12428\ 12428.1. pW
Created: 9/20/04 0:06PM
Revised: 2/22/08 9:49AM
11626.2
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and : IN THE COURT OF COMMON PLEAS OF
COUNTRY VIEW ESTATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V. :No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate the Second Amended Complaint in the above-referenced matter.
MARTSON LAW OFFICES
? J, 1 0?
By:
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
r (717) 243-3341
Date: 02 /Q ?' Attorneys for Defendant
?`a a
C
JOHN D. WALTER and : IN THE COURT OF COMMON PLEAS OF
COUNTRY VIEW ESTATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
No. 2007 - 0538 CIVIL TERM
V.
JEFFREY YOUNG and SHARLENE
YOUNG, CIVIL ACTION - LAW
Defendants JURY TRIAL DEMANDED
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
AND NOW comes Douglas G. Miller, Esquire, of the law firm of Irwin & McKnight,
and respectfully petitions this Honorable Court for permission to withdraw as counsel for
Defendants for the following reasons:
1. Douglas G. Miller, Esquire and the law firm of Irwin & McKnight were retained
by Defendants, JEFFREY YOUNG and SHARLENE YOUNG for the purpose of providing a
defense against a District Justice judgment entered on or about January 16, 2007.
2. Following consultation with the Defendants, a District Justice Appeal was filed
with the Prothonotary on or about January 26, 2007.
3. Following the appeal, several pleadings were filed on behalf of both Plaintiff and
Defendants through their counsel.
4. The undersigned is unable to continue representation of the Defendants for the
following reasons:
a. There has been a serious failure of communication between legal counsel
and the Defendants;
b. Defendants by their conduct have rendered it unreasonably difficult for
legal counsel to fulfill its representation by this failure of communication;
and
c. Defendants have disregarded an agreement with legal counsel as to the
payment of fees and costs.
2
WHEREFORE, it is respectfully requested that this Honorable Court grant the request of
Douglas G. Miller, Esquire and the law firm of Irwin & McKnight as set forth in the above
Petition for Leave to Withdraw as Counsel.
Respectfully submitted,
IRWIN & MCKNIGHT
Dated: February 28, 2008 ?"o- Ila&
Douglas . Miller, Esquire
Supreme Court I.D. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
3
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Seth T. Mosebey, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Jeffrey Young
Sharlene Young
28 Country View Estates
Newville, PA 17241
Date: February 28, 2008 IRWIN & McKNIGHT
Douglas GOMiller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Ouilding
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
?-, Cv
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CASE NO: 2007-00538 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER JOHN D
VS
YOUNG JEFFREY ET AL
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT AMENDED
vnTTNC; MHARLENE
was served upon
the
DEFENDANT , at 0016:34 HOURS, on the 29th day of February , 2008
at 28 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
SHARLENE YOUNG
by handing to
a true and attested copy of COMPLAINT AMENDED
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.64
Postage .58
Surcharge 10.00
.00
3?121lf 37.22
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
03/04/2008
MARTSON LAW OFFICES
By.
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00538 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALTER JOHN D
VS
YOUNG JEFFREY ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT AMENDED was served upon
YOUNG JEFFREY the
DEFENDANT
, at 0016:34 HOURS, on the 29th day of February , 2008
at 28 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241 by handing to
SHARLENE YOUNG ADULT IN CHARGE
a true and attested copy of COMPLAINT AMENDED together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
03/04/2008
MARTSON LAW OFFICES
By 71?1-
Deputy Sheriff
A. D.
JOHN D. WALTER and : IN THE COURT OF COMMON PLEAS OF
COUNTRY VIEW ESTATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
No. 2007 - 0538 CIVIL TERM
V.
JEFFREY YOUNG and SHARLENE
YOUNG, CIVIL ACTION - LAW
Defendants JURY TRIAL DEMANDED
AMENDMENT TO PETITION
AND NOW, this - day of March, 2008, comes the attorneys for Defendant,
Irwin & McKnight, and files this Amendment to Petition pursuant to Cumberland County Local
Rule 208.3(a).
1. This matter was previously ruled upon by the Honorable Edward Guido.
2. The Plaintiff is represented by Seth T. Moseby, Esquire. Plaintiffs attorney was
notified in advance of the filing of the Petition for Leave to Withdraw as Counsel and the
undersigned does not anticipate any objection to the Petition.
WHEREFORE, it is respectfully requested that this Honorable Court grant the request of
Douglas G. Miller, Esquire and the law firm of Irwin & McKnight as set forth in the original
Petition for Leave to Withdraw as Counsel.
Respectfully submitted,
IRWIN & MCKNIGHT
Dated: March 20, 2008
DouglasoG. Miller, Esquire
Supreme Court I.D. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
1
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Seth T. Mosebey, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Jeffrey Young
Sharlene Young
28 Country View Estates
Newville, PA 17241
Date: March 20, 2008 IRWIN & McKNIGHT
,oYj., VY JA,&
Y
Douglas . Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
n ?
?7 1'tj 71
FEB 29 2008 V? "/
JOHN D. WALTER and : IN THE COURT OF COMMON PLEAS OF
COUNTRY VIEW ESTATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
No. 2007 - 0538 CIVIL TERM
V.
JEFFREY YOUNG and SHARLENE
YOUNG, CIVIL ACTION - LAW
Defendants JURY TRIAL DEMANDED
RULE
AND NOW this M
day of / "? 2008, upon consideration of the
Motion for Leave to Withdraw Appearance, a rule is hereby issued to show cause why the within
request should not be granted.
Rule returnable
PI days after service.
BY
By
J.
C
o??
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and SHARLENE
YOUNG,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2007 - 0538 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION TO MAKE RULE ABSOLUTE
AND NOW comes the Petitioner, Douglas G. Miller Esquire, of the law firm of Irwin &
McKnight, and respectfully requests this Honorable Court make absolute the Rule to Show
Cause and in support thereof avers as follows:
1. On March 26, 2008, the Honorable Edward Guido signed a Rule to Show Cause
in this case, said Rule returnable 20 days from service upon the parties.
2. The Rule was served upon the Plaintiff, John D. Walter and Country View Estates
through its counsel, Seth T. Moseby, Esquire on or about March 27, 2008 at 10 East High Street,
Carlisle, PA 17013.
3. Plaintiffs counsel has made no objection to Defendant's counsel's Motion for
Leave to Withdraw Appearance.
4. The Rule was served upon the Defendants, Jeffrey Young and Sharlene Young at
their last known address at 28 Country View Estates, Newville, PA 17241 on or about March
28, 2008. Said mail was not returned to Petitioner's office and no forwarding address was
provided to the undersigned.
5. Defendants were required to show cause, if any, by April 16, 2008.
6. To date, no response to the Rule to Show Cause has been filed by either of the
Defendants, Jeffrey Young or Sharlene Young.
2
WHEREFORE, Petitioner moves that this Honorable Court make the Rule Absolute and
grant the requested relief contained in the Petition.
Dated: April 17, 2008
Respectfully submitted,
IRWIN & MCKNIGHT
Y
Dougla G. Miller, Esquire
Supreme Court I.D. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
3
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Seth T. Mosebey, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Jeffrey Young
Sharlene Young
28 Country View Estates
Newville, PA 17241
Date: March 20, 2008 IRWIN & McKNIGHT
r
V
- - "I AAA
Do as Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
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Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
:No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants ;
TO THE PROTHONOTARY:
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendants in the amount of $3,286.49 along with possession of the mobile home lot located at 28
Country View Estate, Newville, Cumberland County, Pennsylvania, plus any additional charges for
past due lot rent, installment sales payments, late fees and for other charges which may become due
and payable between the filing of the Complaint and entry of default judgment as prayed for in the
Complaint, for failure to file an Answer to Plaintiffs Complaint.
I do hereby certify that a written notice of intention to file this Praecipe was mailed to the
Defendants at the address indicated thereon, on April 3, 2008, which date was subsequent to the date
default occurred and at least ten (10) days prior to the date of the Praecipe.
MARTSON LAW OFFICES
BY?? ?'s j, &wz4i
Seth T. Mosebey, Esquif e
I.D. Number 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: X//_J /Of
• F:\FILES\Clients\12428\12428.1.10 daynotice
Created: 9120104 O:O6PM
Revised: 4/2/08 4: 54PM
11626.2
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07 - 538
IMPORTANT NOTICE
TO: JEFFREY YOUNG DATE OF NOTICE: April 3, 2008
28 Country View Estates, Newville, PA 17241
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
By
Seth T. Mosebey, Esquire
Attorneys for Plaintiff
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 538
IMPORTANT NOTICE
TO: SHARLENE YOUNG DATE OF NOTICE: April 3, 2008
28 Country View Estates, Newville, PA 17241
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
By -eA ?i
Seth T. Mosebey, Esquire
Attorneys for Plaintiff
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
COMMONWEALTH OF PENNSYLVANIA )
: SS
COUNTY OF CUMBERLAND
Seth T. Mosebey, Esquire, being duly sworn according to law, deposes and says that he is
an employee ofMARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for
the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania
Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants
was/were given to him by mail on April 3, 2008.
4,tt k7' hr_?-4z
Seth T. Mosebey, Es uire
Sworn to and subsc bed
before me this day of April, 2008.
?tw) A, ow-z"?
Not ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Prim, Notary Public
Carlisle Boro, Cumberiand County
My Commission E)Ires Aug. 18, 2011
Member. Pennsylvenla Association of Nofarl?s
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
Seth T. Mosebey, Esquire, being duly sworn according to law, deposes and says that he has
authority to make this affidavit on behalf of his client, and to the best of his knowledge, information
and belief, the Defendants above named are not in the military service of the United States of
America, that he has knowledge that the said Defendants are now living at: 28 Country View Estates,
Newville, PA 17241. Said Defendants' place of employment is unknown.
,& J . ?) ?
Seth T. Mosebey, Esqui e
Sworn to and subscribed before me
this 196 day of Apri l, 2008.
No Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Boro, Cumberland county
My Commission Expires Aug. 1 IS, 2011
Member, Pennsy&anla Association of Notaries
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Jeffrey Young
28 Country View Estates
Newville, PA 17241
Sharlene Young
28 Country View Estates
Newville, PA 17241
MARTSON LAW OFFICES
By O
M. Price
n East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: j, /o of
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NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the 15--th day of April, 2008, the following Judgment was
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER,
V.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 07 - 538
JEFFREY YOUNG and :
SHARLENE YOUNG, husband and wife,
Defendants
TO: JEFFREY YOUNG, DEFENDANT
entered against you in the above-captioned action: judgment in the amount of $3,286.49 along with
possession of the mobile home lot located at 28 Country View Estate, Newville, Cumberland
County, Pennsylvania, plus any additional charges for past due lot rent, installment sales payments,
late fees and for other charges which may become due and payable between the filing of the
Complaint and entry of default judgment as prayed for in the Complaint for failure to file an Answer
to Plaintiff's Complaint.
Date: ??13?pg
Pr thonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Jeffrey Young
28 Country View Estates
Newville, PA 17241
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
JOHN D. WALTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 07 - 538
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
TO: SHARLENE YOUNG, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the _ jE day of April, 2008, the following Judgment was
entered against you in the above-captioned action: judgment in the amount of $3,286.49 along with
possession of the mobile home lot located at 28 Country View Estate, Newville, Cumberland
County, Pennsylvania, plus any additional charges for past due lot rent, installment sales payments,
late fees and for other charges which may become due and payable between the filing of the
Complaint and entry of default judgment as prayed for in the Complaint for failure to file an Answer
to Plaintiff's Complaint.
Date:
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Sharlene Young
28 Country View Estates
Newville, PA 17241
I- it
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
JOHN D. WALTER,
Plaintiff,
V.
JEFFREY YOUNG and
SHARLENE YOUNG, husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 07 - 538
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary:
Issue writ of possession in the above matter.
MARTSON LAW OFFICES
J-.
Date: April 21, 2008
Seth T. Mosebey, Esq`Gire
I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
1
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Jeffrey Young
28 Country View Estates
Newville, PA 17241
Sharlene Young
28 Country View Estates
Newville, PA 17241
MARTSON LAW OFFICES
By
? M. Price
n East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 11111 (,t7
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WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. WALTER
VS.
JEFFREY YOUNG AND
SHARLENE YOUNG,
HUSBAND AND WIFE
Attorney's
Plaintiff s
Prothonotary
Costs
No. 07-538 Civil Term
$ 115.22
$ 2.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
JOHN D. WALTER
being: (Premises as follows):
JEFFREY YOUNG AND SHARLENE YOUNG
28 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
A --
/4 '11 J-I'Li 0 1?
C
urtis R. Long, Prothonotary,
Common Pleas Court of Cumberlan ounty, PA '
Date APRIL 21, 2008
(Seal)
a '?
2of2
No 07-538 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. WALTER
VS.
JEFFREY YOUNG AND SHARLENE YOUNG, HUSBAND AND WIFE
28 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Atf y $ 115.22
Plff (s) $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
SETH T. MOSEBEY, ESQUIRE
MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
717-243-3341
I.D. # 203046
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the day of I caused the within
named , to have possession of the premises described with the
appurtenances, and
Sworn and subscribed to before me this
Day of
Prothonotary
So Answers,
Sheriff
By
Deputy
w
r.
ilk
APR 18 2008 A-ty
JOHN D. WALTER and
COUNTRY VIEW ESTATES,
Plaintiffs,
V.
JEFFREY YOUNG and SHARLENE
YOUNG,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2007 - 0538 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this 11!rday of April, 2008, it is hereby Ordered and Decreed that
Petitioner is granted leave to withdraw as counsel for the Defendants in the above-captioned
matter.
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named
By virtue of this writ, en the 26 day of June 2008
John D. Wafter 1 caus the within
XX to have possession of the premises decribeeMjk)W X
28 ountr view Estates Newville PA 17241
Sworn and subscribed to before
Day of
SoF
this '
By Sheriff
Sheriff's Return: Advance Costs:
4 Sheriff's costs 199.00
Docketing: 18.0 99.96
Pro thy 2 , Or1 774 -
Poundage 1.91
Milage 18.OQ
Surcharge 30.001
Possession 30.001
99-96 f 7?b 1 n P.
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2of2
No 07-538 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. WALTER
VS.
JEFFREY YOUNG AND SHARLENE YOUNG, HUSBAND AND WIFE
28 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att' y $ 115.22
Plff (s) $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
SETH T. MOSEBEY, ESQUIRE
MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
717-243-3341
I.D. # 203046
Attorney for Plaintiff (s)
By virtue of this writ, on the
named
appurtenances, and
Sworn and subscribed to before me this
Day of ,
Prothonotary
Where papers may be served
day of . I caused the within
to have possession of the premises described with the
So Answers,
Sheriff
By
Deputy
W2 i
I
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. WALTER
VS. No. 07-538 Civil Term
JEFFREY YOUNG AND
SHARLENE YOUNG,
HUSBAND AND WIFE
Costs
Attorney's $ 115.22
Plaintiff's $
Prothonotary $ 2.00
COMMONWEALTH OF PE SYLVANIA:
COUNTY OF CUMBERL
To the Sheriff of Cumberland County, Pennsylvania
i
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
JOHN D. WALTER
being: (Premises as follows):
JEFFREY YOUNG AND S ENEYOUNG
28 COUNTRY VIEW ESTAAS
NEWVILLE, PA 17241
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
orbs R. Long, Prothonotary,
Common Pleas Court of Cumberland C t , PA
Date APRIL 21, 2008
(Seal)
CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND
INFOCON CORPORATION[L1558HBI 3385603
ORRSTOW N BANK
SHIPPENSBURG, PA
CUMBERLAND COUNTY PROTHONOTARY OFFICE 60-1503/313
GENERAL FUND
1 COURTHOUSE SQUARE, SUPTE 100 CARLISLE, PA 17013
CHECK DATE CHECK NUMBER PAY THIS AMOUNT
Mlay 3,r «Za[/ ?` leLSl.od
mac. C?>s
lLaou
TO THE ORDER OF
JOkAa Gc?? C-
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O s 3 8 I r J AU ORVED SIGNATURE
[[100 20 5 6[[' 1:0 3 13 it 50 3 D: X08 L L I 7 L[['
(David (D. Buelr
Prothonotary
7(jrkS. Sohonage, ESQ
Soricitor
Office of the Trothonotary
Cum6edand County, Tennsylvania
May 3, 2011
Mr. John D. Walter
Country View Estates
C/o Martson Law Offices
10 East High Street
Carlisle, PA 17013
Dear Mr. Walter:
?Rpnee X Simpson
(Deputy (1-1rothonotary
Irene E. 914orrow
2nd Deputy Trothonotary
Our records indicate rent is owed you from the defendants, Jeffery Young and Sharlene
Young, husband and wife.
The enclosed check for $ 664.00 reflects the remaining rent that is due to you.
If you have any additional questions or wish to discuss this matter further, please feel
free to call me at 717-240-6195.
Sincerely,
l
DAVID D. BUELL
Prothonotary
One Courthouse Square • Suite 100 • Cartisfe, T,417013 • (phone (717)240-6195 • Tax(717)240-6573
FOIL THE DEPOSIT ON 05-04-2011
P?y?em
Error Date of from Tool Hew
Deposit Order of Old Check Rent recekt;* A mt Check Date of
Date Court Number Payment 1.940 aChik* '#l*iber, r&*-,d ck
8/31/2007 08-29-2007 1723 663.85 0.15 664.00 2056 5/3/2011
WA-40? =M =0
Ezra lr#bt mation
Case # 07-0538
Background
Audit - 2009 - Mary, Controllers Office
05-03-2011- Called Mary to ask if we could correct this problem by writing out a manual
check. Mary agreed to this.
Problem
Order of Court stated to release $6638.50 rent that was being held in escrow. When released
from InfoCon, $ 6638.65 was released on 08-31-2007. (receipt #189643) A difference of .15
cents.
Solution
We are going to use the next computer check # 2056 and hand write this check for $664.00. -
Our auditor Mary agrees that it should be done this way. (receipt # )
Check # 2056 payable to John Walter and sent to his, aft net's Manson Law Of%ce on 05-0
2011
13411405032011 Cumberland County Prothonotary's Office Page 1
PYS405 Manual Release Check Register 5/03/2011
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------------------------------------------------------------
3919 WALTER JOHN Check Date: 05/03/2011 Check No.: 2056
RENT 2007- 00538 PYMT/CHECK 663.85 9/07/2007
Payee total: 663.85
--------------------------------------------------------------------------------
Grand total: 663.85