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Home My WebLink About01-4544COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS TH JUDICIAL DISTRICT ~ (address) WRIT OF CERTIORARI TO JUSTICE OF THE PEACE PRAECIPE FOR WRIT OF CERTIORARI NAME OF PARTY FILING THIS PRAECIPE AND OBTAfNING THIS WRIT CLAIM NO. NJ ~ E CASE OF (Plato ~ ~Def~ndon~) The party named a'bove claims that ~ith respect ~the above proceedings there was: (~hec~ applicab~ box or boxes) ~ lack of jurisdiction over the subject matter ~ lack of jurisdiction over ~C~ (Name at par~ ~ improper venue ~ such gross irregularity of procedure as to make the judgment void PRAECIPE: To the Prothonotary Issue Writ of Certiorari directing //~'],¢,~ lr-J ~ /~.~_,~,~, , Justice of the Peace, to transmit to you a certified true copy of the record of the proceedings named above. __ (Signature of party filing praecipe or his attorney or agent) WRIT OF CERTIORARI TO: Harold E. Bender , 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) ~ta~ls 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 SUPERSFDEAS to the judgment for possession in this case. j This block will be checked ONLY when this notation is, required under Pa. R.C.P.J.P. No. 1013B. Date delivered for service July 30 ~.gg/O1 '~ (¢1, /' /~ '~ Ii f(,~ J', COPY TO BE SERVED ON JUST CE OF THE P~ACE ' ~ (Signature ~of Proih~notar~ or Deputy) I' I' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-01 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA (717) 532-7676 17257-0361 HAROLD B. BENDER 81 WALnuT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~SHIPPENSBURG TOWNS}~I P -~ PO BOX 219 SHIPPENSBUI~G, PA 17257 VS. DEFENDANT: NAME and ADDRESS FACTUAL HOLDINGS ~ 257 L.HAEBISON BLVD SUITE 104 ~OLOMBIA, , SC 29212 Docket No.: CV-0000187-00 J ,~~ Date Filed: 8/09/00 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 2:1q0_~0 on: Defendants are jointly and severally liable. Damages will be assessed on: AC'PUAT, 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 of Judgment) (Date & Time) Amount of Judgment $ 2,].90.00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2~190.00 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 FILING 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. certify that this Date ~/~/~ ~W~ , District Justice is a true and correct copy of the record of the proceedings containing the judgment Date , District Just ce My commission expires first Monday of January, 2006 SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA COtJNTY OF: CI:~*~BER[~ND 09-3-01 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA r.~.oho.. (717) 532-7676 17257-0361 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA 17257-0361 CIVIL ACTION PL^INTIFF: HEARING NOTICE NAME and AODRESS ~HIPPENSBURG TOWNSHIP PO BOX 219 SHIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS ~ACTUAL HOLDINGS 257 L.HARBISON BLVD SUITE 104 ~OLUMBIA,, SC 29212 ! Docket No.: CV- 0000187- 00 Date Filed: 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 rPlace: DISTRICT COURT 09-3-01 81 WALNU~BOTTOM ROAD P.O. BOX 361 SHIPP~SBURG, PA 17257-0361 Time: 1:30 PM NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so 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. Ifyouaredisabledandrequireassistance, pleasecontactthe MagisterialDistrtctofficeattheaddress above. ALL COPIES PRINTED DATE PRINTED: 1/17/01 AOPC 308B-94 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3 -01 HAROLD g. BENDER ~"": 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPP~SBURG, PA 17257'0361 T.~,~o..: (717) 532 -7676 AM~O_U N T DATE PAID FILING COSTS $ ~- ~'~ ! / SERVING COSTS $ / TOTAL $ / / CIVIL COMPLAINT PLAINTIFF: Shippen~burg Township P.O. Box 219 Shippensburg, PA 17257 VS. DEFENDANT: NAME ami ADDRESS Actual Holdings 257 L Harbison Blvd Suite 104 /Columbia, SC 29212 Docket No.: Date Filed: ~,z~ TO THE DEFENDANT: Th~above~am~dplaintiff(s)asksjudgme'~lagainstyoufor$~ih COSlSuponmelollowingclaim(Civilfines must ncudecitationofthesta~ orqrdinance violaled): The Defendant is the owner of rental properties locate~ at 15, 25, 45A, 45B, 45C, 55 and 85 Sunbeam Court, 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 license for 1999 and 2000 in violation of the Ordinance. J I, Ron Turo verify that the facts set forth in this complaint are true and correct to Ihe best of my knowledge, informalion, and belief. This statement is ma~le subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn fals~cation to aulhorities. __ (,~J~f'tallt~e~of ~i~ oi" Authorized Agent) Plainlilrs Attorney: Ron Turo, Esquire Address: 28 S. Pitt Street Telephone: 245-9688 Carlisle, PA 17013 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMM~ovE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. II you have a claim againsl the plain(ill whicli is within district justice jurisdiction and which you intend to assert at Ihe hearing, you must file it on a complaint form al this office at least five (5) days before the date set for lhe hearing. I! you have a claim against the plaintilf which is not within district justice jurisdiction, you may request inlormation from lhis office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. Turo L aw Offices RON TURO, Esquire ROBERT J. MULDERIG, Esquire DAVID A, GREENE, Esquire GALEN R. WALTZ, Esquire www. TuroLaw. corn 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 December 27, 2000 DJ Harold E. Bender 81 Walnut Bottom Road P.O. Box 361 Shippensburg, 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 and 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 Yours, GALEN R. WALTZ, ESQUIRE GWaltz@TuroLaw.com · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver/Is desired. · print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. A. Received by (Please Print C~eer~y) B. Date of Delivery D. Is deiive~ address different k [] Yes If YES, enter delivery addness below: [] No 3. Service Type ~Certlfled Mail ~] Express Meil I'1 Reglstered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Re~bicted Delivery? {Extra Fee) r-I Yes PS Form 3811, July 1999 Domes0c Return Receipt 102595-00-M-0952 UN~TED STATES POSTAL SERVICE Flint-Class Marl Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° HAROLD E BENDER DISTRICT JUSTICE MAGISTERIAL DISTRIC'r 09-~-01 RI WALNUT BOTTOM ROAD PO. BOX SHIPPENSBURG- PA SHIPPENSBURO TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NO. 95-7 AN ORDINANCE T0 REOUIRE A RENTAL LICENSH IT IS HEREBY ENACTED AND ORDAINED, by'the Board of Supervisors of Shippensburg Township, Cumberland County, Pennsylvanla, that Ordinance 9.5-7, is enncted as t'ollows: SECTION I. ~LT.~,I~: No person shall rent n residential property or properties, located in SMppensburg TownsMp, unless the person holds a valid current operating license issued by SMppensburg Township for the specific named or numbered, regulated residential property. A license shall be obtained by the Owner(s) having a legal or equitable interest in thc dwellings, single family dwelling and/or rooming units, dormitories, group homes, henllh care facilities, residential care facilities, supervisory cate facilities and nny or all combinations thereof, or parts thereof'. The annual fees established may be reviewed and changed lmm 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 or any residential building or property that is used for rental purposes, not including single fiunily owner occupied buildings, shall register rot each such residential unit or property, a person or firm who shall serve as the local agent. Said local agent shall be legally responsible for operating said rental property in compliance with the provisions of the codes andtordlnnnces of the Township of Shippensburg and Conunonwealth of Pennsylvania and shall be responsible Iht providing legal access to the premises for the purposes of conducting Inspections necessary to assure complinnce with said codes, ordinances and laws. In addition, said Individual or firm shall be designated and authorized by the owner(s) to accept legal process on behnll'of sald owner(s), as it relates to sald pr~mlses or property. SECTION 4. P. EGISTRATION OF RENTAL UNITS: Registration'of'rental units shall be made in such form end manner in accordance with such instructions ns may be furnished by thc Township and shall include at least the following information: (a) The names, addresses and telephone numbers of the owner or owners of the premises; and, (b) The name, address and telephone numbers, business end home, of the local agent; nnd, (c) The address'of the dwelllng; and, (d) The type of'dwelling; end, (e) The number ofdwelllng unlt or units in each building. SECTION 5. SECTION 6. ~.' Upon recelpt of the Fully completed registrntion form end the payment of the appropriete license fee, 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 Propert~ Maintenance Code or Shippensburg Township, or any .other ordinance, or law, then the Township shall issue the necessary 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 shell then issue n 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 o~clals. TIME FOR REGISTRATION. REMOVAL. TRANSFER OF OWNERSHIP: The registration end licensing of all rental residential properties and the designation of a responsible local agent shall occur on or before March I of each year. I n the event of a transfer of ownership, legal or equitable, of a properly covered by this ordinnnce, the registration nnd license shall become Invnlld. It shall be the responsibility or the new owner(s) to notify the Township or said transfer not more than five (5) days from the date or seld lransrer of ownership. The new o~vner 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. ~CCUP~tlOUT REGISTRATION AND LIC -F.~_$.F,. ~ROI-IIJ}.IY_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 thc public such premises, a part thereof, as for rent, lease or occupancy, unless said rental and/or rooming units are currently registered and licensed and said registration and license has not been revoked or invalidated. SECTION 8. OOV£RNMENTAL ENTITIP. R: Notwithstanding any other provision to the contrary, a rental license shall not be required for any dwelling unit or rooming unit rented by a governmental entity, includln8 nil agencies, departments, boards, commissions, and instrumentalities of the Federal Government of the United States of Amerlca and the Commonwealth of Pennsylvnnla, including member institutions of the Pennsylvania Slate System oF Higher Education. SECTION 9. P._FaN_ALTX: Any person, firm or corporation who shall violate any provision or this code shall, upon conviction thereof, be subject to a fine of not more than :1;300.00 or imprisonment for a term not to exceed thirty (30) days, or both, at the discretion of the court. Each day that a violation eontLnues shall be deemed a separate offense. SECTION 10.'~: This ordinance shall be effecth'e January 1, 1996. ENACTED AND ORDAI'NED by the Board of Supervisors of Shlppensburg Township, Cumberland County, Pennsylvania, this ,,~A/tL day of December, 199.5, In session duly assembled. At,est: ' SHIPPENSBURO TOWNSHIP BOARD OF SUPERVISORS u~ UOlSS~ssod .~oJ. ~u~w~pnl ~q~ o~ S¥:]C]:iSa::iclNS o so ~.o~do i1~, noX hcI p~^l~3~ U~Cl~ ~.u~ s!'41 -~ [] I IIJVBOIIB]:) :lO ])V:ld ]HL :10 01 IBVBOIIB]3 ]0 1IBM it0:1 (sse~ppo) JDlaZSla l¥131aflf NJ. SVgld NOWWo~) :10 Z~lf'lOD ~INYA1ASNNqd dO NL'IV:I/~ANOWWOD