HomeMy WebLinkAbout01-04273COMMONWEALTH OF PENNSYLVANIA
• ^^. COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na V 1 --JU,,C.3 (CU
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.
NAME OF APPELLANT AAAG UST. NO OR NAME OF W.
n
?ar T csr ?nr] r t; 3
ADDRESS OF APPS OTT PAA
7 ?iea 0013
6+ Gar(a?t
DATE OF AIDGAIENT IN THE CASE OF (Plaftff) ()
G - 13 --0 I 1V,,e vn yar t G?, A. Y avs ?r t cJn _ 2rc? Mr-ca u dy
19
Cv -
LT LT 19
This block will be signed ONLY when this notation is required under Pa. R.CPJP. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
Signature of Prothonotary or Deputy
If affiellanf 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. R.C.PJ.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 Prot terry D I
Enter rule upon , appe s), to file a complaint in this appeal
/? Name of appekAWs)
eM of non pros
(Common Pleas Nat.}l l 'L[?GL1Lt"'?.within twenty (20) days after service of r e suffer e Z'f?
attorney o agent
[? f S' e his
I?Cj RULE: To `zt-f-cM 4-par ?0)y oppellee(s).
Name of appellpets)
(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:) - l.f ,L , Ka[?o
of tho7og ry or OW4
AOPC $12-M COURT FILE TO BE FILED WITH PROTHONOTARY
A^^
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)
COMM014WEAI TH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT. I Hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No, upon the District Justice designated therein on
(date of service) , 0 by personal sewice ? by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) on
19 El by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
E, and furtherthat I servedthe Ruleto File a Complaint accompanying the above Notice of Appeal upon theappellee(s) towhom
the Rule was addressed on 19___._, ? by personal service E] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
19_____
Signature of aff7ant
Signature at offldai before whom affidavit was odide
Title of offldtat
my commission expires on
I e_._...._.
0
v Q l ? l
c
RE)
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COMMONWEALTH OF PENNSYLVANIA
4 rnl INTY nF. CUMBERLAND
Mag? Di&. No
09-3-02
DJ Name- Hon.
HELEN B. SHULENBERGER
Address: P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
TeRphane: 1717) 776-3187 17241
CARLISLE, PA 17013
DARRON JUDY
7 SHEA COURT
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT
NOTICE OF JUDGMENT/TRANSCRIP
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
FNEIDLINGER, LARRY & MARY JO
595 GREASON ROAD
.CARLISLE, PA 17013
L
VS.
DEFENDANT. NAME and ADDRESS
FJUDY, DARRON, ET AL.
7 SHEA COURT
L
DocketNo.: LT-0000077-01
Date Filed: 6/04/01
Judgment: FOR PLAINTIFF
Judgment was entered for: (Name) NEIDLINGER LARRY & MARY JO
Judgment was entered against JUDY PATRICIA in a
Landlord/Tenant action in the amount of $ 4,926.35 on 6/13/01 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ 1,200.00.
The total amount of the Security Deposit is $ 1,200.00
Rent in Arrears
Physical Damages Leasehold
Damages/Unjust Detention
Total Amount Established bb DJ 0L 3ss$Security Deposit Ap?lIQd
Property $ .00 -$ 0000 =
$ .00.- $ _00 =
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
? Attachment Prohibited/ Judgment Costs
Victim of Abuse (Act 5, 1996) Attorney Fees
? This case dismissed without prejudice.
?X Possession granted.
-1 5-M Date
copy
Possession granted if money judgment
Possession not granted.
Levy is stayed for days or ? generally stayed.
Objection to Levy has been filed and hearing will be held:
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amou,
$ 4,800
0
$ _0
$ .0
$ _0
$ 4.800.0
$ 126.3
$ .0
$ 4,926.3
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 WITHi
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THERROTHONOTARY/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 PROTHOKOTA&/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 MUSZ INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPE
Date
My commission expires first Monday of January, 2006
-- Pl1PR.4f 4A+99- -
District Justice
District
SEAL
COMMONWEALTH OF PENNSYLVANIA
rni mirv nF- CUMBERLAND
Mag. Dist No.:
DJ Name: Hon.
HELEN B. SHULENBERGER
Address: P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
Telephone: (717) 776- 3187 17241
09-3-02
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rNEIDLINGER, LARRY & MARY TO
595 GREASON ROAD
CARLISLE, PA 17013
L _J
VS.
DEFENDANT: NAME and ADDRESS
FJUDY, DARRON, ET AL.
7 SHEA COURT
CARLISLE, PA 17013
L J
DARRON JUDY
7 SHEA COURT DocketNo.: LT-0000077- 01
CARLISLE, PA 17013 Date Filed: 6/04/01
_
ass:
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
Judgment was entered for: (Name) NEIDLINGER. LARRY & MARY JO
r? Judgment was entered against JUDY, DARRON in a
L Landlord/Tenant action in the amount of $ 4, 926.35 on 6/13/01 (Date of J udgment)
The amount of rent per month, as established by the District Justice, is $ 1,200.00.
The total amount of the Security Deposit is $ 1,200.00
Total Amount Establish dbb ppJ LLess-Securit Deposit A lid
8 )0
0
y p$? _ = Adjudicated ount
00
8
l 4
Re nt in Arrears $ 0 - $
1
. .
.
$
Physical Damages Leasehold Property $ .00 -$ .00 $ .00
Da mages/Unjust Detention $ On - $ _00 = $ .00
Le ss Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ _ 00
UT Judgment Amount $ 4 800.00
? Attachment Prohibited/ Judgment Costs $ 126.35
Victim of Abuse (Act 5, 1996) Attorney Fees $ .00
? This case dismissed without prejudice. Total Judgment $ 4,926.35
?X Possession granted. Post Judgment Credits $
Post Judgment Costs $
Possession granted if money judgment is no Certified Judgment Total
sa is le by time o eviction. $
Possession not granted. ? Defendants are jointly and severally liable.
? Levy is stayed for days or ? gener ally stayed.
? Objection to Levy has been filed and hearing will be held:
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 FILkD.
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 PROTHONOTARYICLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MU I CLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
t Date ?M 4445 fi lnc e K/ District.lustice
certify that this is a true and correct copy f e record o e proceedings containing the judgment
Date , District
My commission _expires first Monday of January, yQW SEAL
GEORGE F. DOUGLAS, III, ESQUIRE
ATTORNEY I.D. # 61886
DOUGLAS, DOUGLAS & DOUGLAS
27 West High St.
P.O. Box 261
Carlisle, Pa. 17013
Telephone: 717-243-1790
Attorney for Plaintiff
LARRY V. NEIDLINGER AND
MARY J. NEIDLINGER, his wife
vs.
DARRON JUDY AND PATRICIA
JUDY, his wife
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION LAW
NO. 01- 4273 Civil Term
NOTICE
You have been sued in Court. If you wish to defend against the class
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
complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
NOTICE TO DEFEND:
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
717-249-3166
DOUGLAS, DOUGLAS & DOUGLAS
dEORGE F. DOUGLA , III, ESQUIRE
Attorney for Plaintiff
f.
5.
COMPLAINT
1. The plaintiffs, Larry V. Neidlinger and Mary J. Neidlinger, are
husband and wife, and they reside at 595 Greason Road, Carlisle, Cumberland
County, Pa. 17013.
2. The defendants, Darron and Patricia Judy, are husband and wife, and
they reside at 16 West Main St., Apartment 1, Newville, Cumberland County,
Pa. 17013
3. On April 26, 1997, the parties entered into a Lease/Rental/Purchase
Agreement for the lease and option to purchase of Lot 14, also known as 7
Shea Court, Carlisle, Pennsylvania 17013. The Agreement is attached as
Exhibit A.
4. The lease commenced on July 1, 1997, and was for a period of five
years.
5. The monthly rental payment for the lease was $1200, due and
payable on the first day of each month.
6. The defendants breached the Lease/Rental/Purchase Agreement
when they did not pay rent to the plaintiffs during the months of March,
April, May, June and July, 2001, for a total rental arrearage of $6,000.00.
7. The plaintiffs attempted to contact the defendants on many different
occasions, but their calls and contacts were never acknowledged by the
defendants.
8. As a result of the defendants' actions, the plaintiffs have sustained a
loss of $6,000.00, plus interest, plus judgment costs to date of $126.35,
reasonable legal fees in the amount of $500.00, and the cost to have the house
properly cleaned in the amount of $150.00, plus the removal of one chicken
coop in the amount of $100.00.
WHEREFORE, the plaintiffs claim of the defendants the sum of
$6,000.00, plus interest, plus judgment costs to date of $126.35, reasonable legal
fees in the amount of $500.00, the cost to have the house properly cleaned in
the amount of $150.00, plus the removal of one chicken coop in the amount
of $100.00.
for a total due from the defendants of $6,876.35, an amount requiring
compulsory referral to arbitration under the local rules of court.
DOUGLAS, DOUGLAS & DOUGLAS
BY 7./?C$14?G C7 ul?l
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND
Larry V. Neidlinger, being duly sworn according to law, deposes and
says that the averments of the within Complaint are true and correct to the
best of affiant's knowledge, information and bel' f.
arr V. Neidlinger
Sworn to and subscribed
before me this the I day of (J2001.
a :? ??` `? " Notary
Notarial Seal
Anne M. Cox, Notary Public
Cadiale Borough, Cumberland County
My commission expires Jul 14, 2005
04/13/2000 03:03 7172491656 I_ARRYNEIDI_INGER PAGE 01
r e qE/RR rTA /PURCSASA A HF . F.NT
THIS AGREEMENT made this 9ce7)/ day of Ahe)L 1997,
between
LARRY V. NEIDLINGER, and MARY J. NEIDLINGER, his wife, of 595 Greason
Rd., Cumberland County, Pa. 17013, hereinafter referred to as LESSOR
AND
DARRON JUDY and PATRICIA JUDY, his wife of 424 Meadow Drive, Camp Hill, PA
17011, Cumberland County, Pennsylvania, hereinafter referred to as LESSEES,
WITNESSETH:
1. Lessors agree to lease to Lessees, and Lessees agree to lease all that certain tract
of land with the improvements thereon erected, situate in theWest Penn Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEING described as 14 Shea Court, Carlisle, PA. 17013
2. Lessees agree to pay the sum of Twelve Hundred ($1200.00) Dollars per month
to Lessors as follows:
Monthly installments of $1200.00 shall be paid to Lessors over a period of five
years. Said lease is to commence on July 1, 1997.
In the event, Lessees subsequently desire to purchase 14 Shea Court, the said
purchase price shall be $184,500.00, plus additional expenses incurred in finishing the
house, which shall be agreed upon by both the Lessors and Lessee in an Addendum to this
agreement. In the event of purchase, Lessors agree to give Lessees $1,000.00 equity per
year if all rent payments are made on time. Such payments shall be made to the Lessors at
595 Greason Road, Carlisle, PA., on or before the 1st day of each month.
Lessees shall have the privilege of making additional payments of principal on any
monthly interest payment date without penalty therefor. Purchasers specifically agree to
pay said purchase price in full not later than July, 2002.
In the event, Lessees desire not to purchase said property, the $1,200.00 monthly
payments shall be considered strictly as rent for the lease period. In addition, if Lessees
desire not to purchase said property, they shall give Lessors six months notice of said
intention, and permit Lessors access to the said premises for the purposes of the Lessors
selling said property to another purchaser.
C XR r3 tT /?
04/13/2000 03:03 7172491656 LARRVNEIDLINGER PAGE 02
3. At fmal settlement, the Lessors agree. to convey title in fee simple, by
general warranty deed, free and clear of all liens or encumbrances, except easements or
restrictions visible or of record.
4. At final settlement all realty transfer taxes shall be divided equally
between the parties.
5. All real estate taxes shall be paid by Lessors. In the event of purchase by
the Lessees, the real estate taxes shall be pro-rated to the date of final settlement.
6. Lessors agree, at their expense, to keep the buildings on the premises
insured against fire with extended coverage, for a sufficient sum to cover at all times the
interests of each party herein as they may appear. Fire Insurance on contents shall be the
responsibility of the Lessees.
7. Lessees shall be responsible for all beating and utility costs.
8. Lessees agree to pay at the time of signing of this agreement the sum of
$3,600.00, which represents their Ist month root, last month rent and one month security
deposit to Lessors.
9. Lessors agree to a one year warranty on material and workmanship of
the said property. Lessees will be responsible for all maintenance beginning with their
occupancy of said property. In the event Lessees do not perform said maintenance within
a 30 day notice time period from Lessors, Lessors will perform said maintenance, the cost
to be borne by Lessees.
For the performance of this agreement, the parties hereto bind themselves,
their heirs, executors, administrators and assigns, as witness their hands and seals the day
and year first above written.
Witnesses:
(SEAL)
(SEAL)
2 (SEAL)
Patricia Judy ,t
GEORGE F. DOUGLAS, III, ESQUIRE
ATTORNEY I.D. # 61886
DOUGLAS, DOUGLAS & DOUGLAS
27 West High St.
P.O. Box 261
Carlisle, Pa. 17013
Telephone: 717-243-1790
Attorney for Plaintiff
LARRY V. NEIDLINGER and : IN THE COURT OF COMMON PLEAS
MARY J. NEIDLINGER : OF CUMBERLAND COUNTY, PENNA.
VS.
DARRON JUDY and PATRICIA JUDY : CIVIL ACTION LAW
His wife, : NO. 01-4273 - Civil
Praecipe
TO THE PROTHONOTARY OF SAID COURT:
Please enter a default judgment in favor of the plaintiff and against the
defendants in the amount of $6,876.35. A copy of the default notice is attached
hereto. I certify that I sent a 10 day default notice to the address of the
defendant in accordance with Rule 237.1.
Date:
October 3, 2001
George . Douglas, III
Attorney for Plaintiff
GEORGE F. DOUGLAS, III, ESQUIRE
ATTORNEY I.D. # 61886
DOUGLAS, DOUGLAS & DOUGLAS
27 West High St.
P.O. Box 261
Carlisle, Pa. 17013
Telephone: 717-243-1790
Attorney for Plaintiff
LARRY V. NEIDLINGER and
MARY J. NEIDLINGER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
VS.
DARRON JUDY and PATRICIA JUDY
His wife,
CIVIL ACTION LAW
NO. 01-4273 - Civil
TO:
Darron and Patricia Judy
16 West Main St., Apt. 1
Newville, PA 17241
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO
A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET HELP.
Court Administrator
Forth Floor
Cumberland County Courthouse
Carlisle, Pa 17013
717-240-6200
Date of Notice: September 17, 2001
F.
George T. Douglas, III, Esquire.
H
SD
LARRY V. NEIDLINGER AND IN THE COURT OF COMMONPLEAS
MARY J. NEIDLINGER, his wife
OF CUMBERLAND COUNTY, PENNA.
VS.
DARRON JUDY AND PATRICIA
JUDY, his wife : CIVIL ACTION LAW
NO. 01-4273 Civil Term
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please mark the judgment in this case satisfied and discontinued.
--1 3 / b9
Date
George F. Douglas, III, Esq.
Salzmann Hughes, P.C.
354 Alexander Spring Rd. Suite 1
Carlisle, PA 17015
(717) 249-6333
Attorney for Plaintiff
Duncannon, PA 17020
Defendant
1815 State Road
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