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HomeMy WebLinkAbout01-04543COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS TH JUDICIAL DISTRICT (address) WRIT OF CERTIORARI TO JUSTICE OF THE PEACE COMMON PLEAS NO. ~I - 4~-~ PRAECIPE FOR WRIT OF CERTIORARI TA 197 CU utX)00 ~$~°'t7C v ~ ~ VS. The party named above claims that with respect to above proceedi gs There was: (C`heck applicabl x or boxes) ^ lack of jurisdiction over the subject matter ~ lack of jurisdiction over ~la~Ld2h>~ay ~~P4 S: w < (Name of porty~ ^ improper venue ^ such gross irregularity of procedure-as To make the judgment void PRAECIPE: To the Prothonotary , ,~ Issue Writ of Certiorari directing NA.Qo~~,~ QgwIP~4 ,Justice of the Peace, to transmit to you a certified true copy of The record of the proceedings named ~L~ye. - ~ (Sign&fure of party filing praecipe or his attorney or agent) WRIT OF CERTIORARI Harold E. Bender 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 writ, a certified true copy of the record of the proceedings named above. ^ 2. This writ, when received by you, will operate as a SUPERSEDERS to the judgment for possession in this case. This block will be checked ONLY when }his notation is required under Pa. R.C.P.J.P. No. 70138. Date delivered for service July 30, 1~~01 COURT FILE or -_ .._~...-..w4~_,~,,... ,,;. ,,.. ~ - ,, ._ PROOF OF SERVICE OF V/RIT OF CERTIOIRARI (This proof of service MUST BE FILED WITHIN FIVE (5) DAYS AFTER delivery of fhe writ for service) COMMONWEALTH OF PENNSYLVANIA (Check applicable boxes) COUNTY OFC y~~y~c.; p ; ss AFFIDAVIT: I hereby swear or affirm that I served the Writ of Certiorari, Common Pleas No. ~o ~" o4S43 • upon the Justice of the Peace to whom it was directed on '~u~ ~~~ ?-,~ I ,~-}9~=, [,~ by personal service, ~ by (certified) (registered) mail, sender's receipt attach d hereto, and That I served a top of the writ upon the opposite party(ies) (name or names): 5,;,~--~-r~-~---~-• on ~ ~~ ° ~ , ~ by personal service Q by (certified) (registered) mail, sender's receipT attached hereto. SWORN~(AFFIRMED) AND SUBSCRIBED BEFORE ME THIS'D-DAY OF ~~-~`~r• ?., fi9~--_ whom affidavit was made) (Sign ffiant) HQTAIIIAI SEAL MELVM S.: BEIiA1. tbMry PuhGc ShptPaubyrp loco. G~mbwlond Co. PA My Commbion Ewim Ott 13001 My commissaon expires ors 197-. ~a av Foa'25ai TO BE FILED WITH PROTHONOTARY ,. .-~. -..~ ns--, _,., ,;-..-r^ori+ ieiae,r.a.,ra..-+~,u..n i,..e~„rrc~%4.e~..re,aer._..ni n. ,arn~,~i... a.n mgr ,,r~r:a.~mn~ rfi. _, ...,-. ., a„ ~ :~. ~._._ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 3H JUDICIAL DISTRICT (address) ~,.. WRIT OF CERTIORARI TO JUSTICE OF THE, PEACE COMMON PLEAS NO. Q (- PRAECIPE FOR WRIT OF CERTIORARI ~7~ ~~ I iA 197 C V -0000 I fSFS`rad Li 197 I O F.i r ` VS. The party named above claims that with respect to above proceedi gs There was: (Check applicabl x or boxes) -. ^ lack of jurisdiction over the subject matter - ®, lack. of jurisdiction over, ~V~n ~dOL~ ~r S~~ (Name of party) ^ improper venue ^ such gross irregularity of procedure as to make the judgment void PRAECIPE: To the Prothonotary Issue Writ of Certiorari directing NAJtc~,(~ ~ (3g,r,rlP.Ye ~ ,Justice of the Peace, to transmit to you a certified true copy of the record of the proceedi gs named re. ~~ ~-~ (Signature of pa fy filing praecipe or his attorney or agent) WRIT OF CERTIORARI Harold E. Bender 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 your~ceive 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 SUPERSEDERS to the judgment for possession in this case. This block will be checked ONLY when this notation is required under P,a. R.C.P.J.P. No. 10136. Date delivered for service..- July 30, l~slOl . ~` G,w r s~~ ,J A /yl,~~-ti-n . ~,~C' COPY TO BE SERVED ON JUSTICE OF THE PEACE fSignalure of Prothonotary or Deputy) COMMONWEALTH OF PENNSYLVANIA r.~l wTV nF• CUMBERLAND Msg. Oisl. No.: 09-3-01 DJ Name: Hon. HAROLD E. BENDER Address: gl WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Teiephona: (7171 532-7676 17257-0361 HAROLD E. BENDER 81 WALNUT BO'T'TOM ROAD P.O. BOX 361 SHIPPBNSBURG, PA 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVILMCASEss rSHIPPSNSBURG TOWNSHIP ~ P.O. BOX 219 5HIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME and AOORESs rSUBURBAN LEASING ~ 12 CARROLL LEASING SUITS 119 L1ilEST MINSTER, MD 21157 J DocketNo.: CV-0000188-00 Date Filed: 8/09/00 THIS IS TO NOTIFY YOU THAT: Judgment: npeA _NEN'P r.m ^X Judgment was entered for: (Name) RHTPPIiNT$BiTRP mO~HIv Judgment was entered against: (Name) sttnmtnAN r.aacrN~ in the amount of $ a05 _ D(1 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenUAct 5 of 1996 $ Levy is stayed for days or ^ generally stayed. Objection to levy has been tiled and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY O. JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CiVtL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH YOUP. NOTICE OF APPEAL. ~` ~~ -~ Date Districi.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, 2006 (Date of Judgment) 2/~r /nr (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certi6ied Judgment Total $ SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA rnl INTV nF• CUMBERLAND Polag. Uisl. No.: 09-3-01 DJ Name Hon. HAROLD E. BENDER "°dfB55 81 WALNUT BOTTOM P.O. BOR 361 SHIPPENSBl7RG, PA Telephone: (717 i 532-7676 ROAD 17257-0361 HAROLD B. BENDER 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBIIRG, PA CIVIL ACTION FIEARING NOTICE PLAINTIFF: NAME and noDtaess ~SHIPPENSBURG TOWNSHIP P.O. BOR 219 SHIPPSNSBURG, PA 17257 L VS. DEFENDANT: NaMeandnooaess rSUBURBAN LEASING 12 CARROLL LEASING SUITE 119 ~WSST MINSTER, MD 21157 ROAD DocketNo.: CV-0000188-00 Date Filed: 8/09/00 17257-0361 A civic complaint has been filed against you in the above captioned case. A Bearing has been set in this matter for: Date: 2/21/01 Piace: DISTR%CT COURT 09-3-01 81 WALNOT BOTTOM ROAD Time: 1:30 PM P.O. BOX 361 3HIPPSNSBUR,G PA 17257-0361 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. J 1 J 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 rni mrTV nr:• COMBERLAPID A+ap. Dist. No.: 09-3-01 OJ Name: Hon. HAROLD E. BENDER Ad°""' 81 WALt+10T BOTTOM ROAD P.O. BOX 361 SHIPPENSBIIRG, PA 17257-0361 iekWwne: (717) 532 -7676 - AMOUNT DATE PAID FILING COSTS E "' ©~ / / SERVING COSTS S / / TOTAL S / / CIVIL COMPLAINT PLAINTIFF: NAMEaM ADDRESS r Shippensburg Township P.O. Box 219 L.5hippensburg, PA 17257 J VS. DEFENDANT: NAME ana ADDRESs rSuburban Leasing ~ 12 Carroll Leasing Suite 119 LWest Minster, MD 21157 J Docket No.: (/-'/~ Dd Date Filed:Q ~ ~DDd ~~l/ TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $, costs upon the following claim (Civil tines must include citation violated): together with ordinance The Defendant is the owner of rental properties located at 221-223 High Street and 45 Richard Ave., Shippensburg Township Pursuant to Ordinance 1195-7, 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, verify that the facts set forth in this complaint are true and correct to he best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 0l the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsi icalion to authorili - aturo o a ntr or ul or z gent Plaintitrs Ron Turo 28 South Pitt Street Attorney: Address; Telephone: 245-9688 Carlisle, 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 AGAINST YOU BY DEFAULT. II 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. It 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 the Magisterial District office at the address above. , nnrr nnn~ nn Turn-Law Offices RON TURD, Esquire ROBERT J. MULDERIG, Esquire DAVID A. GREENE, Esquire GALEN R. WALTZ, Esquire i www.TuroLaw.com '~ 28 South Pilt Street j i~` Carlisle, Pennsylvania 1701'i (717) 245-9681,' `'' (800) 562-9778 Fax (717) 245-21G'i rur xmu: ai.tvsun December 27, 2000 DJ Harold E. Bender 81 Walnut Bottom Road P.O. Bor. S61 Shippen:,uurg, PA 17257 Re: Dear DJ Bender: Shippensburg Township v. Actual Holdings Shippensburg Township v. Suburban Leasing Enclosed is a cover letter to Lee A. Stivale, Esquire. Please attach bosh Complaint Docket Number CD-0000188-00 with Defendant Suburban Leasing a "I 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. Sincere) Yours, ~: lu GALEN R. WALTZ., ESQUIRE GWaltz@TuroLaw.com GRW/rms °~ y \. ~~ ~~~~~~~` J ~, ,::~ ~ // j ~ '~ ~ i, a~~ ~~ I (~ ,j,l y/ V l'/~ ~li i1 ~G . 1 ~. /1~t~2~ ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return [he card to you. ^ Attach this card to the back of the mailpiece, or on the front if space-permits. ( C 1. Article Addressed to ~1~- ~' ~ d" I e 0"GL JJ ~ i IVC{ll i ~~ ( r~ ~L_L~(:L ~ ~. I ., ~/ / ~" L_ ~~C Y~~OI 1 rl Q11-f1.liCi.C~'1 g~. ~ "lt ~1~~l~~ ~,-~~~c ka~c~; ~~~~{a ~~~u1~~i_~~~~,~i'a I~~c~,/ t A. Received by (Please Prinf Clearly) ~ B. Date of Delivery C. Signature X ~" n', ^ Agent Is delivery address diffemnt from item 1? ^ Yes If YES, enter delivery address below: ^ No ~. a we Type ertified Mail ^ Express Mail Registered ^ Return Receipt for Memhandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes PS Form 38t 1, July 1999 Domestic Return Receipt UNITED STATES POSTAL SERVICE 102595-00-M-0952 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box HAROLD`E: BENDER DISTRIC"C ]USTICE MAGISTERIAL DISTRICI'09-~JN 81 WALNUT BOTTOM RGAD P.O. BOX 361 SHIppENSBURG,PA 17357.0161 a m faalt,m ~ ~ ltt nttllt~ ~tl~~,t,a rttii„i~1t,~ titlt tt l t ,t ~~~ SHiPPENSBURG TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE N0.95-7 IT IS HEREBY ENACTED AND ORDAINED, by the Board of Supervisors of Shippensburg Township, Cumberland County, Pennsylvania, that Ordinance 95-7, is enacted as follows: SECTION I. RFNTAt. .i EN No person shall rent a residential property or properties, located in Shippensburg Township, unless the person holds a valid current operating license issued by Shippensburg Township for the specific named or numbered, regulated residential property. A license shall be obtained by the Owner(s) having n legal or equitable interest in the dwellings, single family dwelling and/or rooming units, dormitories, group homes, health care facilities, reaidentia! taro facilities, supervisory care facilities and any or ell combinations thereof, or parts thereof. "S1rC170N Z. SECTION 3. DESIGNATION OF .O .Ar ar^Rrrr. The owner(s) having a legal or equitable interest of any residential building or property that is used for rental purposes, not including single fvnily owner occupied buildings, shall register for each such residential unit or property, a person or firm who shall serve as the local agent. Said local egen¢ shall be legally responsible for operating said rental property in compliance with the provisions of the codes and~ordinences of the Township of Shippensburg and Commonwealth of Pennsylvania and shall be responsible for providing legal access to the premises for the purposes of conducting inspections necessary to assure compliance with anid codes, ordinances end laws. In addition, aatd individual ar f rm shall be designated and authorized by the owner(s) to sccept legal process on behalf of said owner(s), as it relates to said premises or property, The annual tees established may be reviewed and changed from time to time by resolution of the Board of Supervisors of Shippensburg Township. SECTION 4. $ 1 TRATjON OF RENTAL. UNITS: Registration of rental units shall be made in such form and manntr in accordance with such instructions es may be furnished by the Township and shalt include at least the following information: (a) The names, addresses and telephone numbers of the owner or ownees of the premises; and, (b) The name, address and telephone numbers, business and home, of the local agent; end, (c) The address of the dwelling; and, (d) The type of dwelling; and, (e) The number of dwelling unit or units in each building. SECTION 5. t.iCENSTNC~ Upon receipt of the fully completed registration fore and the payment of the appropriate 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 Property Maintenance Code of 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 shall then issue a license to the owner(s) or responsible loca8 agent. Said license, shall, at all times, be maintained on the property and be available for inspection by Township officials. SECTION 6. TIME FOR QFrreTn eTION REMOVAL- TRANSFER OF OWNRRSI•I1P: (a) The rcgistration,and licensing of all rentat residential properties and the designation of a responsible local agent shall occur on or before March 1 of each year. .(b) in the event of a 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 of said transfer not more then five (S) days from the date of safd 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. O~t;~t,Jj'ATiON OF P13EMiS~WIT} OLIT RFtt(S'~ATION AND I.IC~TJsS_E_ PROHIBITED: 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 otany dwelling unit or rooming unit on the premises by another, or to represent to the public such premises, a part thereof, as for rent, lease or occupancy, unless said rental and/or rooming units are currently registered and licensed grid said registration and license has not been revoked or invalidated. SECTTON 8. OOVi;,$rfM),j•ITAL- E:NTITiES: Notwithstanding any other provision to the contrary, s rents{ license shall not be required for afly dwelling unit or rooming unit rented by a governmental entity, including all agencies, departments, boards, commissions, and instrumentalities of the Federal Government of the United States of America and the Commonwea{tfi of Pennsylvania, including member institutions of the Pennsylvania State System of Higher Education. SECTION 9. PENALTY; Any person, firm or corporation who shall violate any provision of this code shell, upon conviction thereof, be subject to a fine of not more than 5300.00 or imprisonment for a teen not to exceed thirty (30) days, or both, at the discretion of the couR. Each day that a violation continues shall be deemed a separate offense. SECTION 10: EFFECTIVE DATE; This ordinance shall be effecti~•e January 1,1996. ENACTED AND ORDAINED by the Board of Supervisors of Shlppensburg Township, Cumberland County, Pennsylvania, this ~lur4,, day of December,1995, insession duly assembled. SHIPPENSBURG TOWN$HiP BOARD OF SUPERVISORS Atte'st/: __AL._ By9..~~~-~~~- r•a;;.