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Home My WebLink About01-04544COMMONWEALTH OF PENNSYLVANIA WRIT OF CERTIORARI COURT OF COMMON PLEAS TH JUDICIAL DISTRICT T O (address) JUSTICE OF THE PEACE COMMON PLEAS NO. U ~ _ 4,1 ~ J PRAECIPE FOR WRIT OF CERTIORARI TA 197 CV~-OCXaolF37-~ The party named a PRAECIPE: To the Prothonotary ,/ t Issue Writ of Certiorari directing ~'Y~b/~~~J ~ ~•~~e~• ,Justice of the Peace, to transmit to you a certified True copy of the record of the proceedings named~oye. ,y 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) ~a~s 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 this notation is required under Pq. R.C.P.J.P. No. 10136. Date delivered for service July 30 ~O1 COURT FILE . ,.~ ~.~~ ~~ ~ .~ .~ .~~~,. •,~,~st~-gym ,,, , a... . _ ., or '+~1-ueL 'ry~?~its9'iRal 9Snz.+,F U.r hrars4. ^ lack of jurisdiction over the subject matter ~ lack of jurisdiction over A~s9.~ Hd4~t'~as (Nome o{par ^ improper venue ^ such' gross irregularity of procedure as to make the judgment void COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS TH JUDICIAL DISTRICT ' (address) WRIT OF CERTIORARI TO JUSTICE OF THE PEACE COMMONPLEASNO. ~I- ~ J e above proceedings there was: (Check PRAECIPE FOR WRIT OF CERTIORARI TA 197 cv-u«.5oi!'~1-~xa CASE OF (Plainlilf) The party named above claims that with respect ^ lack of jurisdiction over the subject matter ^ improper venue box or boxes) lack of jurisdiction over A,y'i'~.e' f~o~di nCS (Name of par ' ^ such gross irregularity of procedure as to make the judgment void PRAECIPE: To the Prothonotary ,, /, Issue Writ of Certiorari directing N,9,?r+~l~ ~ R~C'~ctC~t°R. ,Justice of the Peace, to transmit to you a certified true copy of the record of the proceedings named ove. ~j ~~(s~ afure of party {fling praecipe or his attorney or agent) TO: Harold G. E3ender 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) t51a?!rs 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 this notation is required under P . R.C.P.J.P. No. 10136. Date delivered for service Jul y 30 ~.¢~01 ' Ir .( 1 2 ^. rt COPY TO BE SERVED ON JUSTICE OF THE PEACE (Signature of Prothonotary or Deputy) WRIT OF CERTIORARI COMMONWEALTH OF PENNSYL'JANIA rni iniTV n~~ CUMBERLAND Dist No.: 09-3-01 OJ Name, Hai. HAROLD E. BENDER Addiess~ 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA ra~anno~e 17171 532-7676 17257-0361 HAROLD E. BENDER 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA 17257-0361 IJOTICE OF~+JUDGMENTITRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS - rSHIPPENSBIIRG TOWNSHIP PO BOX 219 SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME andADDaess rACTIIAL HOLDINGS 257 L.HARBISON BLVD SUITE 10~ LCOLUMBIA„ SC 29212 J DocketNo.: CV-0000187-00 Date Filed: 8/09/00 499 ~, ~ ~. TIiIS IS TO NOTIFY YOU THAT: Judgment: DEFATiT,T .Tf1TIr:MENT PT.TF X~ Judgment was entered for: (Name) RHTDPEN$RTTRP m[)wnTewTP ~X Judgment was entered against: (Name) A('TQAT. HOT.DTNC-4 in the amount of $ 2, ~ 90 _ Do 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 filed and hearing will be held: 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 THISS NOTICE OF JUDGM/E~NT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. '~ ~~ ~~ Date /p'll~ca-~c~ ~ (id`-~~---- , pistricYJustice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date ,District Justica My commission expires first Monday of January, 2006 (Date of Judgment) 2/y/ni (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ Post Judgment Credits Post Judgment Costs Certified Judgment Total SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA cni iniTV nF CUMBERLAND ~s~ Nn D.I Name. Hon. 09-3-01 HAROLD E. BENDER Adtl,ess: 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Te~eohon~ 1717 i 532-7676 17257-0361 CIVIL ACTION PLAiNriFF: F'VEARING NOTICE NAME and ADDRESS rSHIPPENSBURG TOWNSHIP PO BOX 219 SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME and ADDRESS ~ACTIIAL HOLDING3 ~ 257 L.HARBISON BLVD SUITE 104 LCOLIINIDIA, , SC 29212 J HAROLD E. BENDER 81 WALNUT BOTTOM ROAD DocketNo.: CV-0000187-00 P.O. BOX 361 Date Filed: 8/09/00 SHIPPENSBURG, PA 17257-0361 - ~9 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 Place: DISTRICT ,COURT 09-3-01 81 WALNUT BOTTOM ROAD Time: 1:30 PM P.O. BOX 361 SHIPPENSBURG 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. 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 rnl INTY (1F• CUNIDERLAND Ui51. 09-3-01 OJ Name: Hon. HAROLD E. BENDER A1diP59 81 WALNUT BOTTOM P.O. BOX 361 SHIPPENSBURG, PA Telephone: 1717) 532 -~ 67 6 ROAD 17257-0361 AMOUNT DATE PAID FILING COSTS $ ~ ~ ~ / / SERVING COSTS $ / / TOTAL $ / / CIVIL COMPLAINT PLAINTIFF: NAME aM ADDPESS r Shippensburg Township P.O. Box 219 Shippensburg, PA 17257 L VS. DEFENDANT: NAMEanaaooness r- Actual Holdings 257 L Harbison Blvd Suite 104 LColumbia, SC 29212 Docket No.: '/ ~~ Date Filed: Q~,ct~ 9 ~n°d J J TO THE DEFENDANT: Tha above named plainliif(s) asks judgment against you for $ ~oGb/p0a together with costs upon the Iollowing claim (Civil fines must include citation of the statu 8 or grdinance violated): The Defendant is the owner of rental properties located'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. I Ron Turo verify that the facts s6f forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement ism a subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn tats' cation to authorities. 1 re o 11 or ut oozed gent) Plainlill's 28 S. Pitt Street Attorney: Ron Turo, Esquire Address: Telephone: 245-9688 Carlisle, PA 17013 - - - IFYOU 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. 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 Corm 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. Anrr ~nnn nn Tura Law Offices RON TURO, Esquire ROBERT J. MULDERIG, Esquire DAVID A. GREENE, Esquire GALEN R. WALTZ, Esquire TIIF \PBLtl M.4VSIpV www.TuroLaw.com 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: 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 both Complaint bocket 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. Sincere) Yours, li-C GALEN R. WALTZ, ESQUIRE GWaltz~a TuroLaw.com GRW/rms ~ ~~,~ ~~~L~ ~a~~ ,3 .. G'D /~~ ~ i~t ~ i ,/J ' ~ , ^ 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 the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed tt~~ ~~~r~ p c~ C~ ,~j,.CL Can ~ ~~ A. Received by (Please Print Clearly) ~ e. Date of Delivery Agent .~ ~~~ QI Addressee D. Is delivery address diaerent frdm llem 17 ^ Ves If VES, enter delivery address below: ~ No 3. Service Type CertiOed Mail ^ Express Mail ^ Registered ^ Return Receipt for Memhandise ^ Insured Mall ^ C.O.D. 4. Restdcted Delivery? (Extra Feef ^ yes 2. Form 3811, July 1999 Domestic Retum Receipt 102595-00-M~0952 U~TED STATES POSTAL SERVICE Fifst-Class Mail Postage & Fees Paid USPS Pemit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box I:AROLD E. BENIIER DI5ry'RICT JUSTICE MAGISTERIAL DISTRICT 09-1d11 81 WALNUT BOTTOM ROAD P.O. BOX 761 SFIIPPENSBURG. PA IT257 (1'364 I,„IIl,iil„I,I,11i,I,,,111,11,t11„II,,,,,II,II,,,+,II„illl ~~t SHiPPENSBURG TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE N0.95-7 1T 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 1. RPIJTAT. L•iCEN~): 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 resfdential property. A license shall be obtained by the Owner(s) having a legal or equitable interest In the dwellings, single family dwelling andlor rooming units, dormitories, group homes, health care facilities, resfdential care facilities, supervisory care facilities end any or ell combinations thereof, oc parts thereof, 'SECTION Z. f~ SECTION 3. DE i .NATION OF -O A A ,FNT• 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, n person or firm who shall serve as the local agent. Said local agent shell be legally responsible for operating said rental property incompliance with the provisions of the codes and~ordinances of the Township of Shippensburg end Commonwealth of Pennsylvania and shell be responsible for providing legal access to the premises for the purpose of conducting Inspecllons n'teessary to assure compliance with sold codes, ordlnanees and laws, in addition, geld individtiel or firm shall be designated and authorized by then owner(s) to accept legal process on behalf of said owner(s), as it relates to said premises or property. The annual Cees established may be reviewed and changed Crom time to time by resolution otthe Boazd of Supervisors otShippensburg Township. SL•CTION 4. R ~1 Zi3~T10N OF RENTAL. ~1NiTS_ Registration of rental units shall be made in such form and memter in accordance with such instructions es may be furnished by the 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 end telephone numbers, business and home, of the local agent; and, (c) The address of the dwelling; end, (d) The type of dwelling; and, (e) The number of dwelling unit or units in each building. SECTION 5. LiCENSCNG; Upon receipt of the fully completed registration form 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 oC 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 reinspeetion to insure compliance with this ordinance shalt then issue a license to the owner(s) or responsible local agent. Said Ilicense, shall, at all times, be malntalned on the property and be available for inspection by Township officlnls, SECTION 6. TiMI;~FOR RFGISTRATIQN RFMOVAL• TRANSFER OF OWNERSHIP: (a) The registration and licensing oCall rental residential properties and the designation oC a responsible Iocat agent shalt occur on or before March 1 oC each ytar. .(b) In the event of a transfer of ownership, legal oe 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 sold transfer oP ownership. The new owner shall register and license the premises or property ~~ithln ten (10) days of the date of transfer of ownenhlp either legal or equitable. SECTION 7. SLCCUPATiON OF Ci3FM1SES_WITJIQU,T_$F,Si.1~STRATiON AND 1 ICEL`15.f:_ 1'i~411Jl31TEi2: it shall be unlawful for the owner(s) of any premises containing one (1) 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, 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. OOVERNMENTAL• ENTITIES; Notwithstanding any other provision to the contrary, a rental license shall not be required for any dwelling unit or rooming unit rchted by a governmental entity, including all agencies, departments, boards, commissions, and instrumentalities ofthe Federal Go~•envnent of the United Slates of America and the Commonwealth of Pennsylvania, including member institutions of the Pennsylvania State System of I-iigher Education. SECTION 9. PENALTY; Any person, trrn or corporation who shall violate any provision of This code shell, upon conviction thereof, be subjec¢ to a fine of not more than 5300.00 or imprisonment for a term not to exceed thirty (~0) days, or both, at the discretion of the court. Eneh day that a violation continues shall be deemed a separate offense. SECTION 10: FFFF.t'TIVE DATE: This ordinance shall be effective January 1,1996. L•NACTED AND ORDAINED by the Board of Supervisors of Shlppensburg Township, Cumberland Cowry, Pennsylvania, this •~~ day of December,1995, lnsession duly assembled. SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Attest: ~~~ By~..ii~~ ~~yL.Jy''t- r .a~~~ __ _ PROOF OF SERVIC& OF IJt'RST ~F 4F.RTI~R~R1~ (This proof of service Ml1S7 BE FILED WITHIN FIVE (5) DAYS AFTER delivery of the writ for service) COMMONWEALTH OF PENNSYrLVANIA (Check applicable boxes) COUNTY OF C.- In.~ f cw.- ; ss AFFIDAVIT: I hereby swear or affirm that I served the WriT of Certiorari, Common Rleas No. Zc~o ~ - O'-~S~~,upon the Justice of the Peace to whom it was directed on ~l V 3r~ Zcsot fi4~ ~by personal service, ~ by (certified} (register j) mail, sender's r~ceipt attached hereto,p~and tthat I served a copy of the writ upon the opposite party(ies) (name or names: 1__ S T,, S c `T~ , c~.~ on j f~} 3c~ L~vt ~9~-=, ~by personal service Q by (certified) (registe d) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS? _DAY OF ~• ~ ~~L__,~4-~ ~.L+ M ~ ,.sess (Signature o5 official before whom a'ffidavi~ wos made) I `~' (Signature of offiant) 100E t pG w+!'~+9 ~ ~ rd -~ P~IN9W^J'~B 4n9~ ~lWM1f 't+~N 'Wr3B 'S NIA731N Teas Tvaviow My commi!ss~on expires on.. -. ._-_.197,. ~r av Faea~ 2sa ~ TO BE FILED WITH PROTHONOTARY