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Home My WebLink About01-4543COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS T,H JUDICIAL DISTRICT (address) WRIT OF CERTIORARI TO JUSTICE OF THE PEACE PRAECIPE FOR WRIT OF CERTIORARI IqAMEOFPARTYFILINGTHISPRAECIPEANDOBTAININGTHISWRI! CLAVANO. TA 197 C~/-O~OO I DATE JUDGMENT RENDERED ~IN TH~C~ OF ~Plaln~iff) ~ (uemnaam~ The party named above claims that with r~spect to t~above proceedi/~gs there was: (Check appli-c~ble~x or boxes) [] lack of jurisdictlon over the Subject matter [~lock of jurisdiction over,-~*-~"~*~'~Nam.)of~arf~)l"~. ~,/ [] improper venue [] such gross irregularity of procedure as to make the judgment void PRAEC IPE: To the Prothonotary Issue Writ of Certiorari directing ~-J~.~,~/.] ]~_ _~_~z'~v~ , Justice of the Peace, the proceedi gs named . e. to transmit to you a certified true copy of the record of :e~ ned ~.~_ /~ (S~gnaturo of pa~ty filing praecipe or his attorney or agent) WRIT OF CERTIORARI Harold E. Bende~ TO: , Justice of the Peace. 1. You are hereby directed by this writ to'transmit to the Prothonotary of this Court of Common Pleas, within ten (10) days after you receive this.~wr..it, a certified true copy of the record of the proceedings named above. [] 2. Thisiwrit, when '~-eceived by you, will operate as a SUPERSEDEAS to the judgment for possession in J this case~ This blo~k will be chbcked ONLY when this notation is required under P,a. R.C.P.J.P. No. 1013B. Datedeliveredf(~serVlce ~UI:Y 30, 1~)O1, ' ~,~ ~.,~,... COPY TO BE SERVED ON JUSTICE OF THE PEACE (Signature of Prothonotary or Deputy) COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERI~D 09-3-01 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T.~pho..~ (717) 532-7676 17257-0361 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME ar~i ADDREES ~sHIpPENSBURG TOWNSHIP '~ P.O. BOX 219 SHIPPENSBURG, PA 17257 VS. DEFENDANT: NAM~ a~ ADDRESS OBOaaAN LEASING 12 CARROUL UEASING SUITE 119 ~EST MINSTER, MD 21157 Docket No.: CV- 0000188 - 00 ~L,~l Date F ed: 8/09/00 / J THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) in the amount of $ on: (Date of Judgment) ~---~ Defendants are jointly and severally liable. [--~ Damages will be assessed on: [--"~ This case dismissed without prejudice. [] Amount of Judgment Subject to Attachment/Act 5 of 1996 $. [] Levy is stayed for days or [] generally stayed. ]Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ &05 o 00 Judgment Costs $ o 00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ a~05.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FLUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ,--~'C~/--C4/ Date Z/~~~ .... District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUNBERI~,ND 09-3-01 H~ROI,D E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX .361 SHIPPENSBURG, PA ~.~,~..: (717) 532'7676 17257'0361 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA 17257-0361 CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME and ADDRESS USHIPPENSBURG TOWNSHIP P.O. BOX 219 8HIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS ~UBURBAN LEASING 12 CARROLL LEASING SUITE 119 ~EST MINSTER, MD 21157 Docket No.: CV-0000188- 00 Date F ed: 8/09/00 A civil complaint has been filed against you in the above captioned case, A hearing has been set in this matter for: Date: 2/21/01 Tme: 1:30 PM Place: DISTRICT COURT 09-3-01 81 WALnuT BOTTOM ROAD P.O. BOX 361 8HIPPENSBURG, PA 17257-0361 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should eD notify this office immediately at the above phone number. You must appear at the hearing and present your defense. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow, NOTICE TO PLAINTIFF If the defendant enters a Notice of Intent to Defend, you will be notified of the date and time of the scheduled hearing and must appear. If you are disabled and require assistance, please contact the Magisterial District office at the address above. ALL COPIES PRINTED DATE PRINTED: 1/17/01 AOPC 3088-94 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: c;ut,/BgALA_ND 09-3-01 81 WALI~uT BOTTOI! ROAD P.O. BOX 361 SHIPP~SB~G, PA 17257-0361 (717) 532-~676 CIVIL COMPLAINT PLAINTIFF: N,~E a~l AOORE$$ Shippencvburg Township P.O. Box 219 / Shippensburg, PA 17257 VS. DEFENDANT: ~ and ADDRESS FSuburban Leasing 12 Carroll Leasing Suite 119 LWest Minster, MD 21157 IDocket No.:~., Date Filed:~.~.~. ~/,:,,,24~,d~ together with AMOUNT CATE PAID FILING COSTS $ ~" ~) ~ / / SERVING COSTS $ / TOTAL $ / · TO THE DEFENDANT: The above named plaintiff(s) asks Judgment against you for $ ._J costs upon the following claim (Civil fines must Include citation of the statute 6r ordinance violated): The Defendant is the owner of rental properties located at 221-223 High Street and 45 Richard Ave., Shippensburg Township Pursuant to Ordinance #95-7, the Defendant is required to obtain a rental license each year. Despite notification, the Defendant has not obtained a licensefor the year 2000 in violation of the Ordinance. I, R-n Turo vedfy that the facts set forth In this complaint are true and correct to*the best of my knowledge, information, and belief. This statement Is made subject to the penalties of (~luze of I~laintifl or Aulhorlze~ Agent) Plainlilrs Ron Turo Attomey: Addre~: 28 South Pitt Street Telephone: 245-9688 Carlisler PA 17013 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAI.NST YOU BY DEFAULT. II you have a claim against the plaintiff whicl~ is within district justice jurisdiction and which you intend to assert at Ihe hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which Is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact fhe Magisterial District office at the address above. ~ T tro. Law Qffices RON TURO, Esquire ROBERT J. MULDERIG, Esquire DAVID A. GREENE, Esquire GALEN R. WALTZ, Esquire www. TuroLaw, com 28 South Pitt Street Carlisle, Pennsylvania 1701'~ (717) 245-968[; (800) 562-977~ Fax (717) 245-21L, 5 December 27, 2000 DJ Harold E. Bender 81 Walnul Bottom Road P.O. Box 361 Shippen:,burg, PA 17257 Re: Shippensburg Township v. Actual Holdings Shippensburg Township v. Suburban Leasing Dear DJ Bender: Enclosed is a cover letter to Lee A. Stivale, Esquire. Please attach both Complaint Docket Number CD-0000188-00 with Defendant Suburban Leasing a ,1 Complaint Docket Number CD-187-00 with Defendant Actual Holdings to the cover letter and mail the same in the enclosed envelope to Mr. Stivale. Thank you for your cooperation. GRW/rms Since~r~ Yours, GALEN R. WALTZ, ESQUIRE GWaltz@TuroLaw,com · Complete items 1.2, and 3. Also complete A. Received by (Please Print C~a~y) B. Date of Delivery item 4 if Restricted Oetivery is desired. · Print your name and address on the reverse C. Signature so that we can return the card to you, · Attach this card to the back of the mailpiece, r-I Agent or on the front if space permits. [] Addressee 1. Adicle Addressed to~..~/-- I~'~ I '~ 1%'~*-6& D. iS delivery address diffe~erit from item 17 [] Yes If YES, enter delivery address below: [] No ~"~ ) ~ , - ~[~ / L.~43ert edMa []ExpmssMa /~'1'~ I ["~(~.~L t..LIVL{.~'-'Lk t- L '~ ! ~].egiste~ed • .etum Receipt for Merchandise _~ ,~ p RestrictedDeINery?(ExtraFee) [] Yes PS Form 381 1, July 1999 Domestic Return Receipt $02595-00.M-0952 I Penmlt NOl 0-10 ] · Sender: Please print your name, address, and ZIP+4 in this box · HAROLD:E. BENDER DISTRICT JUSTICE MAGIS'IF. RIAL DIS31~IC'I' $1 WALNtrr BOrl'O~ ROAD P.O. BO]( ,'~1 SHIPPENSBUi~, PA I'J~2~ SI-HPPENSBURG TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO. 95-7 AN ORDINANCE TO REOUIRE A RENTAL LICENSE IT 1 S HEREBY ENACTED AND ORDAINED, by'the Board of Supervisors of Shippensburg Township, Cumberland Count, Pennsylvania, that Ordlnnnce 95-7, is enacted ns follows: SECTION I. ~T~I~: No person shall rent a residential property or properties, located in Shippensbu~g Township, mtless the person holds a valid current operating license issued by Shippensbu~g Township for the specific named or numbered, regulated residential propertT. A license shall be obtained by the Owner(s) having a legal or equitable interest in the dwellings, single family dwelling and/or rooming units, dormitories, group homes, health care facilities, residential ca~ facilities, supervisory car. facilities and any or all eombinntlons thereof', or para thereof. ~'ECTION 2. The annual fees established may be reviewed and changed from time to time by resolution of the Board of Supervisors of Shippensburg Township. SECTION 3. DESIGNATION OF LOCAL AGENT: The owner(s) having a legal or equitable interest oran), residential building or property that is used for rental purposes, not including single f.'unily owner occupied buildings, shall register for each such residential unit or property, ,, person or firm who shall serve as the local agent. Said local agent shall be legally responsible for operating said rental property in compllnnee with the provisions of the codes and.,ordlnnnces of the Township ofShlppensburg nnd Commonwealth of Pennsylvnnla nnd shall be responsible for providing legal access to the premises for the purposes of conducting inspections necessary to assure compliance with said codes, ordlnnnces and laws, In addition, said Individual or firm shall be designated and authorized by the owner(s) to accept legal process on behalf of said owner(s), ns it relates to said pr~mlses or property'. SECTION 4. ~.EGISTRATION OF RENTAL UNITS; Reglstration'orrental units shall be made in such form and manner in accordance with such instructions as may be fumlshed by the Township and shall include at least the following information: (n) The names, addresses and telephone numbers ofthe owner or owners of the premises; and, (b) The name, address and telephone numbers, bus,ness and home, of th local agent; and, (c) The address'Of'the dwelllng: and, SECTION SECTION 6. (d) The type of'dwelling; end, (e) The number of dwelllng unit or units in each building. /J_CE, J~S]]~ Upon receipt o£the fully completed registration form end the payment of the appropriate license lee, the Township, after investigation, shall within twenty (20) business days issue a license to the owner(s) or responsible local agent. In the event the Township finds the property to be in violation of this ordinance, the Property Maintenance Code of Shlppensburg Township, or any other ordinance, or law, then the Township shall issue the necessn,'T notice and 'order to abate the illegal use or unsafe conditions to insure compliance with this ordinance; the Township after reinspection to insure compliance with this ordinance shall then issue · license to the owner(s) or responsible local agent. Said license, shall, at all times, be maintained on the property end be available for Inspection by Township officials, TIME 1~OR REGISTRATION. REMOVAL. TRAN.~FER OF OWNERSHIP: (a) The registration and licensing of'all rental residential properties and the designation ot'a responsible local agent shall occur on or before Match I of each year. (b) In the event of · transfer of ownership, legal or equitable, of a property covered by this ordinance, the registration and license shall become invalid. It shall be the responsibility of the new owner(s) to notify the Township or .~nid trnnsrer not more than five (5) days from the date of said transfer of ownership. The new owner shall register and license the premises or property within ten (10) days of the date of transfer of ownership either legal or equitable. SECTION 7. OCCUPATION OF PREMISES WITHOUT REGISTRATION AND LICENSe. EED. tJJ. gJ.T.F~: It shall be unlawful for the owner(s) of any premises containing one (I) or more dwelling and/or rooming units, or any agent acting for said owner(s), to permit occupancy of any dwelling unit or rooming unit on the premises by another, or to represent to the public such premises, a part thereoF, as for rent, lense or occupancy, unless said rental and/or rooming units are currently registered and licensed and said reglsttation and license has not been revoked or invalidated. SECTION OOVERNMENTAL ENTITIES: Notwithstanding any other provision to the conlrary, a renal license shall not be required for nny dwelling unit or rooming unit related by n governmental entity, including nil agencies, departments, boards, commissions, and instrumentalities of the Federal Government of the United States of America and the Commonwealth of Pennsylvania, including member institutions of the Pennsylvania State System or' Higher Education. SECTION 9. ~_.2k].~: Any person, firm or corporntlon who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine of not more than $300.00 or imprisonment for a term not to exceed thirty (30) days, or both, at the discretion of the eou~t. Each day that a violation continues shall be deemed a separate offense. SECTION 10,',~=F.C~}~: This ordinance shell be effective January 1, 1996. ENACTED AND ORDAfNED by the Board of Supervisors of Shippensborg Township, Cumberland County, Pennsylvania, this .~/~L day of December, 1995, in session duly assembled. Attes(:' SHIPPENSBURO TOWNSHIP BOARD OF SUPERVISORS COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS WRIT OF CERTIORARI TH JUDICIAL DISTRICT T 0 (odar~) J U S T I C E 0 F T H EP E A C E PRAECIPE FOR WRIT OF CERTIORARI NA~AE OF PARTY FILING THIS PRAECIPE AND OBTAINING THIS WRIT CLAIM NO. ~97 C ~ TE JUDGMENT RENDERED I IN THE C~J OF (Plainfift) ~ , (DefendantJ The party named above claims that with ~esl~ect to LJ~ abo~,e proceed'i(ngs there was: (Check oppl~c-able~x or boxes) [] lack of jurisdiction over the subiect matter [~. lack of jurisdiction over ~)L~r~I,~L~ )--~, ~,i'~. ¢ (Name of partyJ ~J ' [] improper venue [] such gross irregularity of procedure as to make the judgment void PRAECIPE: To the Prothonotary Issue Writ of Certiorari directing ~-~,R.~\~-} ~. /~ ~,~-~..,~. , Justice of the Peace, to transmit to you a certified true copy of the record of ~-he proce-edi~c]S~amed gk~ve. (Signature of pa~'ty filing praecipe or his attorney or agent) TO: Harold E. Bender WRIT OF CERTIORARI ., Justice of the Peace. 1. You are hereby directed by this writ to transmit to the Prothonotary of this Court of Common Pleas, within ten days after you receive this writ, a certified true copy of the record of the proceedings named above. [] 2. This writ, when received by you, will operate as a SUPERSEDEAS to the judgment for possession this case. This block will be checked ONLY when this notation is required under P.a.R.C.P.J.P. No. 10!3B. Date delivered for service July 30, 1~001 . % 6-~, -~ A ~,.-~, ~ ~ COU'? FILE -- (Sign~tur~°fPr°th°n~a/y°rDePuty~l__~_