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HomeMy WebLinkAbout03-2356:~LTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT co,,o. ,,.,AS No. NOTICE OF APPEAL ~rt~d I(~. q~0-O'~ Notice is given that the appelant hos filed in the above Court of Commen Pleos an appeal from the judgment ered by the District Justice en the date and in the case mentioned below. ~PER~DEAS -- ~ j~~ ~~ PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE CV LT 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.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: Enter rule upon (Common Pleas No RULE: To To Prothonotary ~ ~ o! appel~,e~s) 03' ~,3~"~ ~'~ I ) wi~in t~ty (20) dws ~ ~vice of ru~u~ ~ of j~t o~ ~, (1) You am notified that a role 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. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (t0) DAYS AFTER filing the notice of appeaL Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No upon the D strict Justice designated therein on (date of service) ............................................ [] by personal service [] by (certified) (registered) mail, sender's receipt attached h-e~i~i~'~t upon the appellee, (name) - ' . . . . on ., [] by personal [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ................. ~ b~;per~onal?r,v?, [] by (certified)(registered) mail, sender's receipt SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF S~nature o¢ 01!~c~.~/ ~efo¢e wh, om aff/~.!av/~ wa,¢ made My commission expires "COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 DJ Name: Hon. CHARLES A. CLEMENT, Address: 4 0 0 B~tIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA Te~ePho.e: (717) 774- 5989 - SUITE 3 17070 LISA COLWELL 16 E EAST FRONT ST SHIREMANSTOWN, PA 17011 O$- 2 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS FHYKES, ALBERT SHIR".'m STOW , PA 17011 L VS. DEFENDANT: NAME and ADDRESS FCOLWELL, LISA 16 E EAST FRONT ST SHIREMANSTOWN, PA 17011 Date Filed: 4/21/03 THIS IS TO NOTIFY Y~U THAT: Ju~Igment: :~ FOR pI~TNTIFF E~ Judgment was entered for: (Name) H~E. Ra, ~T,REKT ' - ~ Judgment was entere~ain~ ¢~~"'~ ~iSA~ ............... ,n a ~ Landlord/Tenant actio~ th¢ou~$ ~93.0~n ~/o~ .k.(D¢~ of Juegmen[) The amount of rent pe¢ mont~s established ~e DiSt~Justi~is 5 .uu. u . The total amount of the SCanty ~os~t ~ - ,~ .00/ ~ .~-Total Am~t Estab~hDd ~[ ~J, ~es~ecurity Deposit Aphid _=~ Adjudica~ed~n~ou~ Damages/Unjust Detenti~ ~% ~ . O0 ~ ~ ~ o~ ~ - ~ ' ~ Less Ami Due DefendCnt from Cross uomplain[ - ~ . uu f~l Attachment Pr°hibit~ Victim of Abuse (Act 5, 1996) J--"~ This dismissed without 2rejudice. case F-~ Possession g. ranted._. · j---J Possession granted if money judgment Possession not granted. ~ Interest (if provided by lease) $ ~' L/T Judgment Amount $ ~ Judgment Costs $ ~ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ not satisfied Dy t~me of eviction. _00 1~500.00 93.00 1,593.00 [~] 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE,J, UDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBT(~P~ il~ ~:'UI..JL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. NAY · ' ,' District. O0Stice 200~Dat~r'~ correct copy of the record of the procee~ing~ contaif~i~K:J ~(hejUdg~n~f~.zt't. IIcertify that this is a t ue and I Date :".~ ***, .Distr. ct dustiD~I' MV commission expires first Monday of January, 2008. ",,,SEAL AOPC 315A-03 Albert Hykes Plaintiff V. Lisa Colwell Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-2356 : : CIVIL ACTION - COMPLAINT BY LANDLORD : FOR EJECTMENT AND UNPAID RENT 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Albert Hykes Plaintiff V. Lisa Colwell Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2356 CIVIL ACTION - COMPLAINT BY LANDLORD FOR EJECTMENT AND UNPAID RENT COMPLAINT 1. Plaintiff, Albert Hykes is an adult individual residing at 18 B East Front Street, Shiremanstown, PA. Plaintiff is the owner of a certain property located at 16 East Front Street, Shiremanstown, PA, the premises. 2. Defendant, Lisa Colwell is an adult individual who resides at 16 East Front Street, Shiremanstown, PA, the premises. 3. On or about 11/8/02, plaintiff and defendant entered into a Written lease for the premises for an initial term of 6 months. A true and correct copy of the lease for the premises is attached hereto and incorporated herein by reference as Exhibit "A." 4. The monthly rental for the premises was $600, which was due and payable on the eighth (8th) day of each month. 5. Defendant has failed and refused to pay rent from 3/8/2003 through 5/8/03, inclusive. The outstanding rent for this period is $1200. 6. Defendant has failed and refused to move out of the premises on 5/8/03 per the terms of the lease. 7. Defendant has failed and refused to pay rent for occupying the premises from the 5/8/03 termination date to the present. The outstanding rent for this period is $600 and continues to accumulate at a rate of $20 per day. 8. By virtue of their failure to pay all rent and other charges due under the lease, defendants are in breach of their obligations under the lease. COUNT 1 IN EJECTMENT 9. The allegations contained in paragraphs 1-8 inclusive are incorporated herein by reference as though set forth at length. 10. On 4/9/03, plaintiff served defendants with a ten day notice of intent to terminate the lease. Defendants refused to vacate the premises after the expiration of the ten day termination period. A true and correct copy of the ten day notice is attached hereto and incorporated herein by reference as Exhibit "B." 11. By virtue of defendants' breach of their obligations under the lease and by virtue of plaintiffs termination of the lease, plaintiff is entitled to possession of the premises. WHEREFORE, plaintiff demands judgment against defendants for possession of the premises. COUNT II FOR MONEY 12. The allegations contained in paragraphs 1-11, inclusive, are incorporated herein by reference as though set forth at length. 13. Pursuant to the lease, defendants are indebted to plaintiff for unpaid rent and late fees in the amount of $1800. Additional rent and other charges may accrue subsequent to the filing of this Complaint. WHEREFORE, plaintiff demands judgment in his favor and against defendants in the amount of $1800, plus any additional charges for rent and other charges which may become due and payable between the filing of this Complaint and trial. Plaintiff also demands reimbursement for the $93 filing fee (see exhibit C) before District Justice Charles A. Clement, Jr. A310-10 RESIDENTIAL LEASE R310-04 Apartment -- Condominium -- House BY THIS AGREEMENT made and entered into on ~ ¢~ U ~' ] between ~ .~/~ ~,~ l~L ~~ ~ ~.7~_.~, herein referred to as ~ssor, and ~ ~ ~ ~ ~ / ~ ~// ~~'~~ herein refe~ed to as Lessee, Lessor le~es to Lessee the premises situated at , in the Ci~of ~ ~.~~~'~ , County of ~. ~ ~ ~[ ~ ~ , State of ~ , and more particularly described as follows: together with all appurtenances, for a term of and to endon b.d.& ~ ,.I~ ;vt 1. Rent. Lessee agrees,~ ..~_ to,..pay, without demand,,o to Lessor as rent for. the demised premises t~,,~m of '~5'7"~ ~ -.- ~ ~y of ~ ~ ~- ~oll~s ($ ~ -~ ~ ) per month m advance on the each calend~ month beginning ~ ~ ~ ~ ~ ~ at State of ~ ~ ~// , or at SUCh omer place as ~ssor may aesignam. 2. ~cu~ Deposit. On ex~ution of ~s lease, Lessee deposi~ wi~ Lessor ~/~ ~ ~O~~' .Doll~s($ ~d~ ~ . ), receipt ofwhichis acknowl~ged,by Lessor, ~ s~ufity for the f~ful peffomance by Lesse~ ~e terns hereof, to be returned to Lessee, without interest, on the full and fai~ful ~ffomance by ~m of the provisions hereof. 3. Quiet E~o~ent. Lessor covenants that on paying ~e rent and peffo~ing the covenants herein con- tained, ~ss~ shall peace~lly and quietly have, hold, and enjoy ~e demised premises for ~e a~eed te~. 4. Use of P~mh~. ~e demised premises shall be used and occupi~ by Lessee exclusively as a private single fmily residence, and neither the premises nor any pa~ thereof shall be used at any time during the tern of · is lease by Lessee for the pu~ose of c~ing on any business, profession, or ~ade of any ~nd, or for any pu~ose other than as a private single fa~ly residence. Lessee shall comply with all ~e sanit~ laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and ~e sidewal~ connect~ ~ereto, during ~e tern of t~s lease. 5. Number of Occupant, Lessee agrees that the demised premises shall be occupied by no more than v~ ~ persons, consisting of '~/ ~ ~ adults and ~ ~l children under the age of ye~s, without ~e ~en consent of Lessor. 6. Condition of P~m~es. Lessee stipulates ~at he has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 7. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assign- ment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, ter- minate this lease. 8. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 9. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 10. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. Utilities. Lessee shall be responsible for arranging for 'and paying for all utility services required on the premises, except that ~' E3CP-.e..~ ~'/-' ,~L-"~t._&"/c..' shall be provided by Lessor. NOTICE: Contact your local county real estate board or Association of Realtors® for addition- al forms that may be required to meet your specific needs. AQHE Page 1 of 2 (Revised 9~96) 12. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks fi:ee from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever diamage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, fami- ly, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased prerr0ses by Lessee or at his direction without the prior written consent of Lessor. 13. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. :¢~/ et 14. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. 15. Display of Signs. During the last . days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 16. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 17. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on days' written notice served by either Lessor or Lessee on the other party. 18. Sui'render of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. ~ 19. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, ~ ~at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notme oI any default or breach, and termination and forfeiture of the lease shall not result if, within ~. ,~[.. t ¢ ~ ~ days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 20. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premis- es to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 21. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 22. Radon Gas Disclosure. As required by law, (Landlord) (Seller) makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in . Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. Other Terms: IN WITNESS WHEREOF, the parties have executed this ~ase~day and ye/~r~l~bove wren. Lesso( ~ '~ / - - Lessee NOTICE: State law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified personl © E-Z Legal Forms. Before you use this form, read it, fill in all blanks, and make whatever changes are necessary to your particular transaction. Consult a lawyer if you doubt the form's fitness for your purpose and usc. E-Z Legal Forms and the retailer make no representation or warranty, express or implied, with respect to the merchantability of this form for an intended use or purpose. Revised 9/96 Page 2 of 2 (~QMMO, NWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. DisL No.: ' 09 -1-01 ,Dj Name: Hon Address: 400 BRIDGE STREET OLDE TO~IE COI~IONS -SUITE NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 3 ALBERT HYKES 18 B E. FRONT ST SHIREMANSTOWN, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS ~HYKES, ALBERT ~ 18 B E. FRONT ST SHIREMANSTOWN, PA 17011 VS. DEFENDANT: NAME and ADDRESS ~OLWELL, LISA q 16 E EAST FRONT ST SHIREMANSTOWN, PA 17011 L Docket No.: LT- 0000162 - 03 Date Filed: 4./21/03 THIS IS TO NOTIFY YOU 'THAT: Juq~gment: .s FOR PLATNTIFF ~ Judgment-was'entered for: (l'Jame)~ 'Hk~t~S, ALBERT Judgment was entered against COLWELL, LISA [-~ Landlord/Tenant action in the amount of $ . 1,593.00 on. 5/06/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 in a · (Date of Judgment) 600.00. Total Amount Established ~J Security Deposit Ap~l~d : Adjudica]ed,.A..n!ou..nL Rent in Arrears $ 0~)ess:~ ~' .... ' = $. .L, ..'.'.h U U . U U Physical Damages Leasehold Property $, .00 -- $, .00 = $ .00 Damages/Unjust Detention $ OD -- $ . O0 = $ .0t'1_ Less Amt Due Defendant from Cross Complaint - $ · 00 Interest (if provided by lease) $ L/T Judgment Amount L_] Attachment Prohibited/ $ 1, .500 _ 00 Victim of Abuse (Act 5, 1996) Judgment Costs $ 93.00 Attorney Fees $ [--] This'cas~ dismissed without prejudice. Total Judgment $ 1,5_93.00 ~-] Possession granted. Post Judgment Credits $ Post Judgment Costs $  Certified Judgment Total $ Possession granted if money judgment not sat~st~e0 by t~me ot ewct~on. Possession not granted. J---] 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 I'HE 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 JUDGMENT/TRANSCRIPT.FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED INTH~ COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WI iH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAY~ I'N'~:,ULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,.:"' , . . . . MAY - G 200%ate ~~"_.! 0' , District Justice II certify that this is a true and o ect Copy of the record of the proceefd~ng~; containing the judgni~nt. Date , District JuslicoJ My commission expires first Monday of Ja,~uary. 200 8. ' SEAL ALBERT HYKES, Plaintiff LISA COLWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2356 : LANDLORD/TENANT ACTION PRAECIPE TO VACATE SUPERSEDEAS TO THE PROTHONOTARY: Kindly vacate the supersedeas which will allow the landlord to take possession of the premises due to the appellant's failure to comply with Rule 1013 of the Rules of Appellate Procedure for proceedings arising out of matters before the district justice. Respectfully submitted, R. Mark Thomas, Esquire ID#41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-9100 June 26, 2003, Upon confirmation of failure of the appellant to deposit the monthly rent fol4nore than thirty (30) days, the Supersedeas is terminated. ALBERT HYKES, Plaintiff LISA COLWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2356 : : LANDLORD/TENANT ACTION _. PETITION FOR RELEASE OF FUNDS HELD BY PROTHONOTARY AND NOW, comes the petitioner Albert Hykes, by and through his counsel, R. Mark Thomas, Esquire and files this Petition for Release of Funds currently held by the Prothonotary and in support thereof respectfully represents: 1. Petitioner is the plaintiff in the Landlord/Tenant Action which was filed at this term and number. 2. Respondent Lisa Colwell is the defendant/tenant in the above captioned Landlord/Tenant Action. 3. At a hearing before District Justice Charles Clement judgments were entered in favor of petitioner for unpaid rent in the amount of $1,593.00 and for possession of the leasehold premises. 4. On May 16, 2003 respondent filed an appeal from the district ~justice judgment and pursuant to the Rules of Civil Procedure respondent paid $1,593.00 to the Prothonotary and requested a supersedeas to stay petitioner's right to possession of the leasehold premises. 5. On June 2, 2003 petitioner filed a Complaint pursuant to the Rule to File Complaint which was attached to the Notice of Appeal filed by respondent. 6. Respondent failed to pay additional rent payments; to the Prothonotary's Office as required by Rule 1013 of the Rules of Appellate Procedure which would have preserved the supersedeas. petitioner. 8. On June 26, 2003 the supersedeas was terminated pursuant to a praecipe filed by On Jtme 26, 2003 respondent was sent Notice of Intention to Enter Default Judgment pursuant to Rule 237.1. 9. Respondent has failed to file a responsive pleading within ten (10) days from the date of Notice of Intention to Enter Default Judgment. 10. On July 8, 2003 petitioner filed a Praecipe for Entry of Default Judgment. On July 9, 2003 petitioner filed a Praecipe for Writ of Possession of the real 11. property. 12. Petitioner will have obtained possession of the real property of the leasehold premises, but needs a Court Order to have the $1,593.00 released from the Prothonotary to petitioner. WHEREFORE, petitioner prays this Honorable Court will sign the attached Order directing the Prothonotary to release the $1,593.00 currently held by the Prothonotary and to deliver same to petitioner in satisfaction of the judgment. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 ALBERT HYKES Plaintiff v. LISA COLWELL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2356 CIVIL TERM LANDLORD/TENANT ACTIOMM PRAECIPE FOR ENTRY OF JUDGMENT IN EJECTMENT TO THE PROTHONOTARY Kindly enter Judgment in Ejectment in favor of the Plaintiff and against the Defendant due to Defendant's failure to file a responsive pleading I hereby certify that the Defendant was sent Notice Pursuant to Rule 237.1 and has failed to respond to that Notice. A copy of that Notice along with a Certificate of Service is attached hereto. Respectfully submitted. R. Mark Thomas, Esquire · D # 41301 101 S. Market St. Mechanicsburg PA 17055 (717) 796-2100 ALBEIIT IIYKES, iqaintilT LISA COLWELL, I)e[endant : IN TIlE COURT O1" COMMON PLEAS OF : CIJMBERLANI) COUNTY, PENNSYLVANIA : NO. 03-2356 : LANDLORI)/TENANT ACTION NOTICE OF I'IIAECII'E TO ENTER JUDGMENT BY DEFAULT To: [,isa Colwell 18 13 East Front S(rec( Stfiremanstown, PA 1701 I Date: ,hme 26, 2003 IMPOP, TANT NOTICE YOU ARE IN DEFAULT BI.;CAUSE YOU IlAVE FAIl. ED TO ENIER A WPdTTEN APPEARANCE PERSONAI.A.Y OP, BY A'I'TOI~.NF, Y AND FIIJE IN WPdTIN(3 WITtl TIlE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTll AGAINST YOU. UNLESS YOU ACT WITIIIN TEN DAYS FROM TIlE DATE OF TI lIS NOTICE, A JUDGMENT MAY BE ENTEl{ED AGAINST YOU WITIIOUT A ItEARING AND YOU MAY LOSE YOUR PROP[;,P, TY OR OTI IER IMPOI{TANI' RIG[ITS. YOU SIIOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IE YOU DO NOT [lAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI,EPIIONE TIlE I:OI,LOWING OFFICE TO FIND OUT WIIERE YOU (;AN GET LEGAL I IELP. CUMIII;,I~d,AND COUNI'Y BAP, ASSOCIA I'ION 2 LIBEI{TY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEI'I lONE: (717)~249-3166 R. Mink Thomas, Esquire Altomey lbr Plaintiff' 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 1[)#41301 CI~I'JTIIClCATE O1" $1,;RVICE 1, R. Mark Thomas, Esquire, hcrcby ccrtil'y that I havc on this date scrvcd thc within Notice of Praecipe to Enter Judgment by Default on the lbllowing by delivering same through the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-l~aid, with one copy being sent via Certified Mail, Return Receipt Requeslcd and one copy being sent via ?,egular, First Class Mail. addressed to: Lisa Colwell 18 B [~ast Front Strecl Shirelmmstown, I"A 1701 I R. Mark Thomas, Esq. ALBERT HYKES, Plaintiff LISA COLWELL, Defendant : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2356 : : LANDLORD/TENANT ACTION PRAECIPE FOR WRIT OF POSSESSION TO TtlE PROTHONOTARY: Issue a Writ of Possession in the above matter, for possession of: Street, Shiremanstown PA 17025. R. Mark Thomas, Esq. Attorney lbr Plaintiff 16 East Front ALBERT HYKES, Plaintiff LISA COLWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2356 : : LANDLORD/TENANT ACTION Commonwealth of Pennsylvania County of Cumberland WRIT OF POSSESSION ) ) 'Fo the Sheriff of Cumberland County: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Albert Hykes. (a) The leasehold premises known and identified as 16 East Front Street, Shiremanstown, PA 17011 Date Prothonotary WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) ALBERT HYKES 18-B EAST FRONT STREET SHIREMANSTOWN PA 17025 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2356 CIVIL vs. Costs 'LISA COLWELL Att'y. Pl'ff (s) ~ Prothy. Term $ 15.00 $ $ 1.oo 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: Albert Hykes being: (Premises as follows): 16 East Front Street Shiremanstown PA 17025 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date July 9, 2003 (SEAL) Curtis R. Lonq Prothonotary, Common Ple~ Court of Cumberland County, Pennsylvania By:. ~ ' 0.~,..~ ~~ ~ Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and , to Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy Letter of Instruction Case No. 03-2356 Albert ltykes, plaintiff, wants to take possession the leasehold premises located at 16 East Front Street, Shiremanstown, Cumberland County, Pennsylvania. Plaintiff requests that defendant tenant be served with the Writ of Possession and g~v.~ ~8 hour~o ~ ~ ~rcmi~. Plaintiff w~ll ~t t~ ~h~fiff ~t t~ ~n~ o~ th~ ~ ~ hour~ ~d prepared to chan~e the locks. Please notify plaintiff of date and time he is to meet Sheriffat the property. 5h'l- 5-3 ALBERT HYKES, Plaintiff Vo LISA COLWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2356 : : LANDLORD/TENANT ACTION ORDER . AND NOW, this ~,[~ day of ~ .,~_,~ ,2003, upon consideration of the within Petition For Release of Funds Held by Prothonotary, and the court being satisfied that a Judgment in Default has been entered on behalf of the plaintiff/petitioner herein, it is hereby ordered that the Prothonotary is to issue a check made payable to Albert Hykes in the amount of $1,593.00, and the check is to be mailed to Mr. Hykes at 18-B East Front Street, Shiremanstown, PA 17011. VIN'VA]ASNN~8 ALI ~ hS :6 ~i~ h ! 'i["i[' rSO £3 08543107162003 Cumberland County Prothonotary's Office Pa~e 1 PYS405 Manual Release Check Register 7/1~/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release OVERPYMNT/RFND 2003- 02356 REFUND - ADJ. 1593.00 7/16/2003 Payee total: 1593.00 3846 ZEKANIS FP~ANCIS A OVERPYMNT/RFND 2003- 01067 REFUND - ADJ. 55.50 7/16/2003 Payee total: 55.50 Grand total: 1,648.50 .o By virtue of this writ, on the 31 s t day of Ju 1 y I caused the within named Albert Hykes have possession of the premises describedToKtltR~al~i~i~ItRR[~l~d~a~ 16 E. Front St 2003 , to Shiremanstown, PA 17025 Sheriff's Costs: DockPting 18.OO Poundage 2.51 Proth. 1.00 ~rv~rP 17.q4 Possession 30.00 Surcharge 20.00 Dep. Dauphin 29.25 Out of County 9.00 127.70 Sworn and subscribed to before me this day of )~,~,,~" Prothonotary Advance Costs: $ 150.00 Sheriff's Costs: 127.70 22.30 Refunded to Pltff on 8/4/03 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) ALBERT HYKES 18-B EAST FRONT STREET SHIREMANSTOWN PA 17025 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2356 CIVIL Term 'LISA COLWELL vs. No. Term Costs Att'y. $ 15.00 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBIqRI.AND 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: Albert Hykes being: (Premises as follows): 16 East Front Street Shiremanstown PA 17025 Plaintiff (s) TRUE COPY FROM R~ ~n Testlmow whemol, I I~'e unto set my It.ll (2) To satisfy the costs ag~nst the defendant (s)you are directed to levy upO~O~ty of the defen- dant (s) and sell hisser (or their) interest therein. D ate Curtis R. Lonq Prothonotary, Common Pleas Clurt of Cumberland County, Pennsylvania July 9, 2003 By: ~ ~ O0~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin A/~D NOW:July 17, 2003 COMPLAINT COLWELL LISA to DEF of the original : HYKES ALBERT vs : COLWELL LISA Sheriff's Return No. 1765-T -~-2003 OTHER COUNTY NO. 2003 2356 at 3:55PMserved the within upon by personally handing i true attested copy{ies) COMPLAINT and making known to him/her the contents thereof at 2500 ELMERTON AVENUE HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 17TH ~of .JULY, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs:S29.25 PD 07/15/2003 RCPT NO 180669 SS