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Home My WebLink About03-2785COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL /.,/,,~-~k.~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~. ,~ ~.~. ~ 7-~ 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 o~ the date and in the case mentioned belov~. .. Yvonne Cole 279 Plaza Drive, Boiling Springs PA 17007 ZFCOO~ DAI~ Of JUI)~I~NT 6-3-03 Boiling Springs Apa[tments Yvonn~ Cole -c~ Na v~ C¥ ' ' '-'- ~/<~_ - la~enn Legal Servlc T~sb~ckwillbe~gnedONLYwfienthis, .. . . . I.~n._~.~._~5 C. Br~ganti Esq Carlisle PA 17013 ~.m.s_ _N~_.Nce of AppeoJ, when received by the District Jus~e, will operate ~s o ~00~ (6)/n act/on before Dish*itt JusHoe, De MUST mg,.~am~ o~ ,'~thonc~ary ~ Ct~ I "g iS NOTICf of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fow'm to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C. RJ.R No. 1001(7) in action before District Justice. IF NOT USED, de~ch from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Name o~ a~e/,~efs) , appellee(s), to file a complaint in this appeal {Comrnonp~%. ~ ~- ~ ~J/ ~ 7--Z~__ ) within tve'"nty (20) days after servj~:e~ of rule or suffe~, en~ry of j .u~dgme~n~ t of non pros. Boilinq SDrinqs Apartment~ppd~e(s) / s~F,~o,~e.~,,~ RULE: To_ (I) You am notified that a role is hereby entmed upon you to file a comp/aint in th~s appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or regJstemcl 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 RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA OF SS COUNTY hereby swear or affirm that I served AFFIDAVIT: I ·., I ommon Pleas No, , upon he District Justice designated therein BI a copy ~f the No?e of Appea. C 'i"q by~o~isonal s~i~ice [] by (certified) (registered) mail, sende~r~s (da e or service) .............. ;; ~n~r~}' ' on the a ellee, , receipt attached hereto, and up PP .: --~;-,~ ,;z;;~,~.4( );¢r~81'rd~;i r receipt attached hereto. [] by personal service LJ uy [] a~n~":k~iih~r t~ia(-i S~rV(~d th--'~.~ ~u e to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM~B~ 09-3-03 SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA T.~phon.: (717) 486-7672 17065 ATTORNEY DEF PRIVATE : PHILIP C. BRIGANTI, ESQ. 8 IRVINE ROW CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT P INTI F: RESIDENTIAL LEASE NAME an~ ADDRESS F-BOILING SPRINGS APARTMENTS 297 PLAZA DRIVE BOILING SPRINGS, PA 17007 VS. DEFENDANT: NAME and ADDRESS F-COLE ETAL, YVONNE 279 PLAZA DRIVE BOILING SPRINGS, PA 17007 L Docket No.: LT- 0000150- 03 Date Filed: 5/23/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ~'~ Judgment was entered for: (Name) BOILING SPRINGS APAR, TMRN-TS Judgment was entered against COLE ETAL, ~¢O~l"B in a ~ Landlord/Tenant action in the amount of $ 928.42 on 6/03/03 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .~_...~¢_~. The total amount of the Security Deposit is $ . O0 Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention ] Attachment Prohibited/ Victim of Abuse (Act 5, 1996) ]This case dismissed without prejudice. ] Possession granted. Possession granted if money judgment Possession not granted. Total Amount Established b~J. 0!0ess. Security Deposit A.p~)l~d = Adjudicated A~o.ul~~ $. -$ =$ $ 508.33--~ .00 = $ 508.33 277-19 .00 = $ 277.'~9 Less Amt Due Defendant from Cross Complaint -- $ .00 Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ ot saust~ee ~y [~me or eviction. ~--] Defendants are jointly and severally liable. $ 90.90 $ $ 928.42 $ $ 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 PLEASi 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 NAS 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 aY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH TIlE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that this iSDatea true an,,d/Corr~yl, of the record'pf.~ the p/oceedings containing , District Justice th~ iudgment. Distr ct Just ce My commission expires first Monday of January, 2004. AOPC 315A-03 SEAL BOILING SPRINGS APARTMENTS, Plaintiff YVONNE COLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3'7~/ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the defendant in this action, Yvonne Cole, to proceed in forma pauperis. I, Philip C. Briganti, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Philip C. ]~ganti - / Attorney for Defendanf MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 BOILING SPRINGS APARTMENTS, Plaintiff YVONNE COLE, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- d '7 t~'~ CIVIL TERM AFFIDAVIT 1. I, Yvonne Cole, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Susan Day on June 3, 2003, awarding Plaintiff possession of the residence in which I reside. 2. My rent for this residence, located at 279 Plaza Drive, Boiling Springs, PA 17007, is currently $0.00 per month, but will be $285.00 per month effective July 2003. The rent, which is subsidized by HUD, is due on or before the first day of each month. 3. My next rent payment will be due on or before July 1, 2003. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. 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) COMMONWEALTH OF PENNSYLVANIA COUNTY OF-C~I~-'~'~'~/ ; SS AFFIDAVIT: I hereby swear or affirm that I served [~(d~epy fo.,f the. N?tice..of~.Ap_,pe/% ..Common Pleas No. ~-.~ ?.~'~-'t~'~_, upon the_District Justice designated there n on !~.,'~°r~s~r-v~/c-~'~L---~_~'_~_~,-'~-;7 '- ._ ,__:, [~ by.personal service [~'~'-. y (certified)(recs~,,).mail' sender's ,~,~,p_~.,~uu hereto, an~ upon [ne appellee, (name) ~¢.j~_~,t,l__~.~-~_~_~- _/3¢.j~.~,.~ ..~ y..£ on U,,cana rurtf~er that I served the Rule to File a Co~pJaint accompanying the above Noti' "-'~e of--'Appeal up~o~ t~h'~'p%ll~;~,'"~) ~%'o~m~' the Rule was addressed on ~ 3' ..2 .~ ' .... ~ ..... .;zd~'~.., [] by personal service ~ (certified mall, sender s rece pt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ~ /' . THIS DAY OF _...¢...,r&~- ./ ~/g~ature of affiant My cornmissio t exp~ es on -'u t; - - I veriCv fhat the ~atemenfs made in this Affidavit are ~ru~.a~ correct. T understand that false statements herein are made subject to the Denalties of 18 Pa.C.S. 4904, relating to unsworn falsifications to authorities. COMMONWSALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DiSTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nc~ ~) 3 ' ~1~ ~ ~ .~' NOTICE OF APPEAL Notice is given that the appe~nt has filed in the above Court of Common Pleas an appeal from the judgment rendered by the D~strict Justice off the Yvonne Cole 279 pla~a Drive, Boiling Springs PA 17007 6-3-03 Q.A~ NCX CV LT This block will be s~,gned ONLY when this notation is required under Po.~,RI/~.P~J~. N~.dl3 1008B. This Notic&e of Appeal. when received by the District Justice, will operote as o SUPERSEOEAS to the judgment for passessmn in this case $~cjnature of Proth~y f~ ~ty Boiling Spring-~ Apartments vs Yvonne Cole 0000150-03 {~_~_I~L~_~-_ ~.~anti EBq Cm~lisle P& 17013 ~,isnt was CLAIMANT (see Pa. R.C. PJ.P. No. 1001 ( 6 ) in action ~efore Dis6,ict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE CG;~PLAINT AND RULE TO FILE ~ (This section of fon'n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001{7) ~n ac~;o~ before District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAEClPEz To Prothonotary ~- .. _ -~ Boiling SpringB Apartments . appellee(s), to file a complaint in ~ appeal (Common Pleas ~ ~ ~ ' '~ ~' ~/ ~ ~""~'~'~ ) within tw~ty (20) days after seev~e of rule or suffer er~y of judgment of non pros. RULE: To Boilinq Sprtn~s Apartment.~dlee{s). (1] Yo~ are .otified that a rule is hen~, e.temd upo. you to file a com~aint in this ap~al within tw~ty (201 days after the dote of service of this rule upon-~ou by personal service or by certified or registered ma~L 2~ ~ ,,~ ~'~ a'~l~t within this ~me, o JUDGMENT OF NO~ PROS ~LL BE ENTERED AGAt'N~.T YOU. of service of this' m~, service was by .... , : . mail is the date of mailing. COURT FILE I I BOILING SPRINGS APA~ Certified Mai Provides: z69c-n-~o-96~=o~ ·Amai nD receipt Receipt (PS Form 3811,), to the a,l cie and add a cable a duplicate ret ur nPrleecei~tR, eatU ~m~Rm ~ecerpt Requested". To rec~?.e a fee waiver for · For an additional fee, derivery m= be r addressee'~aaffto~i~ nnnt ~,.~.;==y-L , ~strlcted to the addressee or endorsement .Restric~e~g~i~y'.',~ ,ne cler~( or mark the rnallpiece With the IMPORTANT: Save this receipt and present it when making an Inquiry, Intarnet access to delivery ntormation Is not available on mall addressed o APOs and FPOs. SUSAN K DAY o~x~o 229 MILL ST BOX 167 Certified Mail Provides: z69t-iN-~o-s6~o~ m Cedifidd Mail may ONLY be CQmbined w~ First-Class Ma[~ or Priority Mail®. .- .~' ?~o_btaln Re~rn Receipt se~c~, p~ase complete and°arttach a Return nuceap[ [~-~ i-orrr13811! to the article ann add ap~!icab~e postage to cover the fee. Endorse rnaJlpiece Return Receipt Reqb~sted. To receive aSse waiver for addressee's a~uthoHzed a ant. Advise the clerk or mark the m ailpidedcree w~t ~ t ~er IMPORTANT: Save this race pt and present It when making an inquiry. Interflet access to delivery informaOon Is not available on mail addressed to APOs and FPOs. BOILING SPRINGS APARTMENTS, Plaintiff YVONNE COLE, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2785 CIVIL TERM AFFIDAVIT 1. I, Yvonne Cole, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Susan Day on June 3, 2003, awarding Plaintiff possession of the residence in which I reside. 2. Since this appeal was filed, my rent, which is subsidized by HUD, has been adjusted to $148.00 per month, effective July 1, 2003. The HUD form documenting this adjustment is attached hereto as Exhibit "A". 3. My next rent payment will be due on or before July 1, 2003. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: Yvon~e' ~le, Def~ndani- - LEASE AMENDMENT June 17, 2003 Ms. Yvonne Cole 279 Plaza Drive Boiling Springs, PA 17007- Dear Ms. Yvonne Cole: This is to notify you that on the basis of our recent review of your income and family composition, your monthly rent has been adjusted as follows: Contract Rent Utility Allowance 688 79 Assistance Payment $ 540 Total Tenant Payment $ 227 Tenant Rent $ 148 The new rent is effective with the rent due for the month of 07/01/03. This notification amends Paragraph 3 of your lease agreement which sets forth the amount of rent you pay each month. All other provisions of your lease remain in full force and effect The next scheduled recertification is 08/01/03. Attached for your records is a copy ~f the Form 50059 Owner's Certification of Compliance with HUD s Tenant Eligibility and Rent Procedures and applicable worksheet(s). You should substitute these forms in place of the previous 50059 and worksheet(s) which are attached to your lease. The 50059 shows you tile income we used to calculate your new rent and the amount of rental assistance, if any, that HUD pays monthly on your behalf. The next scheduled recertification is 08/01/03. By signing below, you acknowledge that you have been informed by this INITIAL NOTICE of when your next scheduled recertification is and understand your responsibility to respond to a Reminder Notice that will be sent to you approximately 90 days prior to the next scheduled recertification. If you do not respond to the Reminder Notice by 7/10/03, your lease gives us the right to raise: your rent. You may call me at (717) 258-8387 if you wish to arrange a meeting to discuss the above. Thank you for your cooperation. Since~rg/-~, g (717) 258-8387/'~ Accepted e-~}~ousehold ~pouse/Co-Head bate C~ c-a BOILING SPRINGS APARTMENTS, Plaintiff V. YVONNE COLE, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2785 CIVIL TERM AFFIDAVIT 1. I, Yvonne Cole, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Susan Day on June 3, 2003, awarding Plaintiff possession of the residence in which I reside. 2. Since this appeal was filed, my rent, which is subsidized by HUD, has been adjusted to $0.00 per month, effective August 1, 2003. The HUD form documenting this adjustment is attached hereto as Exhibit "A". 3. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. YvXo~e Cole, Defendant August 6, 2003 LEASE AMENDMENT Ms. Yvonne Cole 279 Plaza Drive Boiling Springs, PA 17007- Dear Ms. Yvonne Cole: This is to notify you that on the basis of our recent review of your income and family composition, your monthly rent has been adjusted as follows: Contract Rent Utility Allowance $ 688 $ 79 Assistance Payment $ 742 Total Tenant Payment $ 25 Tenant Rent $ 0 The new rent is effective with the rent due for the month of 08/01/03. This notification amends Paragraph 3 of your lease agreement which sets forth the amount of rent you pay each month. All other provisions of your lease remain in full force and effect. The next scheduled recertification is 08/01/04. Attached for your records is a copy of the Form 50059 Owner,s Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures and applicable worksheet(s). You should substitute these forms in place of the previous 50059 and worksheet(s) which are attached to your lease. The 50059 shows you the income we used calculate your new rent and the amount of r to that HUD pays monthly on your behalf ental assistance, if any, The next scheduled recertification is 08/01/04. By signing below, you acknowledge that you have been informed by this INITIAL NOTICE of when your next scheduled recertification is and understand your responsibility to respond to a Reminder Notice that will be sent to you approximately 90 days prior to the next scheduled recertification. If you do not respond to the Reminder Notice by 7/10/04, your lease gives us the right to raise your rent. You may call me at (717) 258-8387 if you wish to arrange a meeting to discuss the above. Thank you for your cooperation. Sincere.~, _ ~ (717) 258-8387 Ffa~TM H0usehSl~ - ~ Spouse Co_Head bate-- -- c°mpaqF:~Pam/WPDOCS\CIVLIT~Boi/ing. Springs. Apanmems wpd 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BOILING SPRINGS APARTMENTS, Plaintiff VS. YVONNE COLE, Defendant No. 03-2785 Civil Term ACTION Ex/EJECTMENT PETITION Petitioner, Boiling Springs Apartments, by and through its attorneys, Richard S. Solove, Esquire of Solove & Noel, hereby petitions Your Honorable Court as follows: 1. Petitioner was Plaintiffin a District Justice action seeking judgment for unpaid rent and possession. 2. Judgment in the amount of $928.42 was entered in favor of the Plaintiff and against Defendant and possession was granted to Plaintiff. 3. The Defendant timely appealed the District Justice Judgment. 4. As required by the Pennsylvania Rules of Civil Procedure, Defendant posted a total of $200.00 of partial rent for June 2003 and rent for July 2003. 5. Plaintiffhas decided to abandon its District Justice Judgment for possession and for monetary damages. 6. Plaintiff desires to have released to it the amount ($200.00) deposited with the Prothonotary. WHEREFORE, Petitioner respectfully requests Your Honorable Court to enter an Order directing that the funds held by the Prothonotary on deposit :['or the Plaintiff be released to the Plaintiff. ].R p~p~e~lly Submitted: ~c~^P~ 7. so~ov~ Attorney I/D No. 17717 SOLOVE & NOEL 180 Good Drive Lancaster, Pennsylvania 17603 (717) 291-I 177 Attorneys for Plaintiff VERIFICATION The Undersigned hereby verifies that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BOILING SPRINGS APARTMENTS, Plaintiff VS. YVONNECOLE, Defendant No. 03-2785 Civil Term ACTION IN EJECTMENT CERTIFICATE OF SERVICE The undersigned hereby certifies that I have this day served a copy of the Petition filed in this matter by First Class Mail to the attorney for Defendants as tbllows: _SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 / RICHARD S. SOLOVE ~,/ Attorney VD No 17717 SOLOVE & NOEL 180 Good Drive Lancaster, Permsylvania 17603 (717) 291-1177 Attorneys for Plaintiff BOILING SPRINGS : APARTMENTS, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CIVIL ACTION - LAW YVONNE COLE, : Defendant : NO. 03-2785 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of March, 2004, upon consideration of Plaintiff's Petition, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Richard S. Solove, Esq. 180 Good Drive Lancaster, PA 17603 Attorney for Plaintiff Philip C. Briganti, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant BY THE COURT, /Wesley Oler,.~Ir? :rc F:LMimi/WPDOCS C VL Txpetrulab boitingsprings wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BOILING SPRINGS APARTMENTS, Plaintiff VS. YVONNE COLE, Defendant No. 03-2785 Civil Term ACTION IN EJECTMENT PETITION TO MAKE RULE ABSOLUTE Based on the Petition of Plaintiff for release of funds to Plaintiff held by the Cumberland County Prothonotary deposited by Defendant in favor of Plaintiff, a Rule was entered by Your Honorable Court on March 3, 2004, to show cause why the relief requested in the Petition should not be granted. The Rule was returnable March 23, 2004. No answer or objection to the Rule has been filed to date. WHEREFORE, Petitioner requests that Your Honorable Court make the Rule absolute and issue an Order that the Prothonotary of Cumberland County shall release the funds being held on deposit in favor of the Plaintiff to the Plaintiff. Respe/~..l~ submitted: RICHARD . Attorney I/D No. 17717 SOLOVE & NOEL 180 Good Drive Lancaster, Pennsylvania 17603 (717) 291-1177 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BOILING SPRINGS APARTMENTS, Plaintiff VS. YVONNE COLE, Defendant No. 03-2785 Civil Term ACTION IN EJECTMENT CERTIFICATE OF SERVICE The undersigned hereby certifies that I have this day served a copy of the Petition filed in this matter by First Class Mail to the attorney for Defendant as follows: SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Dated: ~/-2- ~"{/~ ¢ Pamela G. Smith, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney I/D No. 17717 SOLOVE & NOEL 180 Good Drive Lancaster, Pennsylvania 17603 (717) 291-1177 Attorneys for Plaintiff NIAR 2004 F:LMimi\WPDOCS\C[ VLIT\petrulab boilingsprings wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BOIL1NG SPRINGS APARTMENTS, Plaintiff VS. YVONNE COLE, Defendant No. 03-2785 Civil Term ACTION IN' EJECTMENT ORDER AND NOW, this ,~[-~ day of ~~,x___, 2004, upon Petition of Plaintiff and no answer or objection thereto filed by Defendant, the Rule entered March 3, 2004 is hereby made absolute, and the Prothonotary of Cumberland County is hereby Ordered to release the funds being held on deposit in favor of the Plaintiff lo the Plaintiff~ I ~ t~& ~t '~ BY THECOURT: ATTEST: