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BARBCO, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
V. : No. 99 - 5825 Civil Term
BRIAN MARTIN, and : CIVIL ACTION - LAW
AMY MARTIN, husband and wife,
Defendants
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 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 ajudgment may be entered against you by the court
without further notice for any money claimed in the 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa. 17013
(717) 249-3166
BARBCO, INC.,
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
V. : No. 99 - 5925 Civil Term
BRIAN MARTIN, and : CIVIL ACTION - LAW
AMY MARTIN, husband and wife,
Defendants
AND NOW COMES, Plaintiff, Barbco, Inc., by and through its Attorney, Jane Adams,
Esquire, and respectfully represents the following:
1. Plaintiff, Barbco, Inc., (hereinafter referred to as "Plaintiff') is a Pennsylvania
corporation represented by Attorney Jane Adams, with an address of 117 South Hanover St.,
Carlisle, Pa. 17013.
2. Defendants, Brian and Amy Martin, (hereinafter referred to as "Defendants") are adult
individuals who currently reside at 12 Park Street, Mount Holly Springs, Pennsylvania, 17065.
3. Plaintiff acts as a landlord of a trailer park in Mount Holly Springs commonly referred
to as "The Meadows."
4. Defendants, who own their own trailer, are tenants of "The Meadows."
5. The rent for Defendants' space in the trailer park, including water and sewer, is $250
per month.
6. On or about March 31, 1999, Plaintiff sent Defendants a letter requesting unpaid rent.
(See Exhibit # 1).
7. On or about April 14, 1999, Plaintiff served Defendants with a Notice of Non-
Payment of Rent, pursuant to 68 P.S. §398.3, via certified mail. (See Exhibit #2).
8. Plaintiff calculated that Defendants owed $3250 in overdue rent on April 15, 1999.
June. Defendants paid rent to Plaintiff in the amount of $250 per month for April, May, and
10. On or about July 30, 1999, Defendants paid $1500 to the Plaintiff.
11. Rent in the amount of $250 per month for July, August, September and October has
not been paid.
12. As of October 9, 1999, Defendants owed $2500 in unpaid rent.
WHEREFORE, Plaintiff prays that this Honorable Court grant rent due in the amount of
$2500 and/or possession of the trailer in question.
Respectfully submitted:
Date: (o [q [9 G
U Adams, Esquire
.D No. 79465
South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
JANE ApAms
ATTORNEY AT LA W
117 SOUTH HANOVER STRECT
CARUS9 E, PA. 1 7013
(71 7) 245.8508
(71 7) 2458538 FAx
DEMAND FOR RENT DUE
March 31, 1999
Brian and Amy Martin
12 Park St.
Mount Holly Springs, Pa. 17065
Re: Demand for Rent Due.
Dear Brian and Amy:
You have breached the terms of your lease due to non-payment of rent. If the rent due is
not paid within 10 days of this notice you will be served with a Notice to Quit. You will have
thirty days from the date of service of this Notice to remove your Mobile Home from the Lot you
are currently occupying. An action may be filed with the District Justice if you refuse to comply
with this notice.
You can remedy this situation by making payment arrangements for the amount due.
Please feel free to contact me at the above number and and contacting me at the number listed
above.
If you have already paid rent due, please disregard this notice. Thank you for your
attention to this matter.
Very truly yours,
?`e?'Y
Jane Adams, Esquire
jm/JA
cc: George Adams
li?(41 1
JANE ADAMS
ATTORNEY AT LAW
117 SOUTH HANOVER STREET
CARLI5LE, PA. 1 7013
(717) 245-8508
(71 7) 245-8538 FAX
NOTICE OF NON-PAYMENT OF RENS
VIA CERTIFIED MAIL
April 14, 1999
Brian and Amy Martin
12 Park St.
Mount Holly Springs, Pa. 17065
Dear Brian and Amy:
This letter is legal notice to that you have failed to pay your rent and may be evicted
pursuant to 68 P.S. §398.3. The collective amount of $5,310.00 must be paid immediately or
eviction proceedings will be initiated at the local District Justice.
Unless you make a payment of $5,310.00 first payment requested within twenty (20)
days, the park operator intends immediately to commence eviction proceedings against you.
Please make payment immediately.
Since you have failed to make timely payment of rent and are in breach of your lease
agreement, any subsequent non-payments of rent within the next six (6) months may result in the
immediate filing of an eviction proceeding against you without prior notice and without any
grace period to cure the non-payment of rent.
Please feel free to contact me at the number above should you desire to make payments
arrangements. Thank you for your cooperation in making the overdue payments so that legal
process will not be necessary.
Very truly yours,
Jat Adams, Esquire
1cc: George Adams
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PS Form 3611, December 1994
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VITRIFICATION
1 verify that the statements made in this Complaint are true and correct. I understand that
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falsification to authorities.
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COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COUNT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
I DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na, r / 'y'
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 an the
date and in the case mentioned below.
Barbco, Inc. I 9-J-?3 T--`
117 S. Hanover S'.. Curlis'.e, i Pnn.q lvarda 17013
8-26-99 Narbco w,.
.?na Farti nr (?,-.,. -, r Hn
NATiAE q APPHIMn Ail NEY AGENT
CV 19
LT 19 !-l it
This block will be signed ONLY when this notation is required under Pa R.CP1P. No 11 appellant was CLAIMANT ( Pa. R.C.P.JP. No.
10088
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary Or Deputy tiling his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section Of lam 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: To fkothorwtary
Enter rule upon , Name of apxller(sl oppellee(s), to file a complaint in this appeal
(Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros
RULE: To
abpelk`e(s)
appellee(s).
Signature of a(pegmt a na a"wW w agent
(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) N 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 moiling.
Daft:-, 19_.
Sprenae d Aovraatsy a Drpub
AOPG 312-M COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of sorvn:e MUST HC FILfD WITHIN TFff r 1(;1 f)av? Ai rcl; Ming the nonce of ,ppoaf. Chaok applicabio boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF_C.um-he -. [ z'!!- _ uy
AFFIDAVIT: I hereby swear or at bri that I,crvo,J
L+ -opY r,f It c Juhce r?A?I ynlm ?n Rc,rs Pl v C_? ?!'? upon p15I ? uslice designated therein on
ldere of sorvi<e. 770 I by personal scrvicE: by ertltia (regi feted) nt211, Sender's
recta tat eCh C hl. inG upC(
/?^ ll ,, lp i I v nolllg ??j '?"' L/tL:Lh Ll? on
by p rs )rw : rv,e XI b? cnrhhed registered) dlail, sender's receipt altaahed hereto.
and further that) ,;rued !?.?R,;le'o Fdl IC *rva n pany'nq abo'eNohceof,,Dpoal upon theappellee,(s) to whom
the Rule va, J ]dr.. ssed •-
_-__ P,, Fsona' :er,ice a by (cerhhetll (registered)
rna !andc r -,ewl d! 1 f hgn•L
SWORN ;AF F IRb1EO1 AND SUBSCRIiiED BEFORE MEp
THIS UA'/ OFt¢14?f.
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COAWtiWEALTII OF PENNSYLVANIA
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na, 'r 7
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Cowl of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
Earboop Inc. 1 09-3-03
117 S. Hanover St.
Darbeo
r
Cv 19
LT 19 144 C1 - LL UAqlm?
This bock will be Signed ONLY when this notation is required under Pa. R .1P. No It appellant was CLAIMANT ( Pa. R.C.P.JP. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
Sgnafure of Holnonofary a Deputy 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.P.JP. 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 Prothonotary
Enter rule upon Name of agxlletysl , appellee(s), to file a compkaint in this upped
(Carron Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros
RULE: To Nerve of appelbe.Vs/
svwue of arp~t or rm attorney or agew
(1) You are ratified 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 a registered mail.
(2) R 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 moiling.
Date: , 19_.
a of Aovrasos'y, d pgRy
.DPC 312.U COURT FILE TO BE FILED WITH PROTHONOTARY
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r COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-03
OJ Nam,: Non.
SUSAN X. DAY
229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Twep"ne. (717) 486-7672 17065
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME Ina A00RESS
rBARBCO, INC. q;,R`r(y+,rc,.t..y
117 S. HANOVER ST. "
CARLISLE, PA 17013
L VS. J
DEFENDANT; NAME Ina ADDRESS
I'MARTIN, BRIAN 8 ANY, ET AL. -I
12 PARK ST.
MT. HOLLY SPRINGS, PA 17065
C/O ATTORNEY JANE ADAMS L J
117 S. HANOVER ST. DockeINo.: LT-0000149-99
CARLISLE, PA 17013 Date Filed: 6/17/99 ;
THIS IS TO NOTIFY Y,OU THAT:
Judgment:- FOR DFPENDMU
X Judgment was entered for: (Name) MARTIN, AMY -& BRIAN
Judgment was entered against BARBCO, INC.
0 Landlord/Tenant action in the amount of $ 936.80 on 8 26
The amount of rent per month, as established by the District Justice, is $
99 in
(Date of Judgment) -,
.00.
The total amount of the security Deposit is $ .00.
Total Amount Established by DJ Less Security Deposit Applied
Rent in Arrears $ .00 -$
00 ' 11
= Adjudicated Amount
Ph
si
l D . .,00
y
ca
amages Leasehold Property $ .00 -$ .00 = $
00
Damages/Unjust Detention $ -00-$ -00 = .
$ nn
Attachment Prohibited/
d/ Less Amt Due Defendant from Cross Complaint -
I $ _ .00
Victim of Abuse (Act
1996) nterest (if provided by lease) $ on
UT Judgment Amount $ "' nn
This case dismissed without prejudice. Judgment Costs $ no
Attorney Fees $ 436_so
Possession granted. Total Judgment $ ,:+. _• _•93G?
Possession granted if money judgment is not satisfied by time of eviction •.°
t °
Q
P
i . „j.
,.
Y
ossess
on not granted. Defendants are jointly and se verally liable.
L9-1 Is stayed for days or E] generally stayed.
Objection to Levy has been filed and hearing will be held:
Date: Place:
li
ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE, DELIVERY OF POSSESS?N
OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEA'L.IAJITH•THE
PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU
MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT R THE RENT ACTUALLY IN ARREARS ON THE DATE THE
APPEAL IS FILED. '
IF YOU WISH TO APPEAL THEM EY PO TION ONLY OF A JUDGMENT?INV VI RESIDENTIAL LEASE, YOU HAVE 30 DAYS
AFTER THE DATE OF ENTRY O JUDG I WHICH TO FILE A NOTIC FAIR EA WITH THE PROTHONOTARY/CLERK OF COURTS OF
THE COURT OF COMMON PL AS, CI DIV 10 , ..
YOtI M^ST Itjey,U?,E A COP OFT NOT 0 UDGME AN CRIPT F YOUR NOTICE OF APPEAL.
Dale District Justine
is a rue a correct cop o t e re:or 0 ee I gs c naming t e judgment
.
D to District Justice • "`"" `"'': ` ,
expires rst Monday of anuary, 2004. SEAL
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05825 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BARBCO INC
VS.
MARTIN BRIAN ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon MARTIN BRIAN the
defendant, at 16:05 HOURS, on the 27th day of October
1999 at 12 PARK STREET
MT HOLLY SPRINGS, PA 17065 CUMBERLAND
County, Pennsylvania, by handing to AMY MARTIN
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriffs Costs: So answers -
Docketing 18.00
Service 4.34
Affidavit
Surcharge 8.00 omas i e, eri
$3'0 -T-JANE E. ADAMS
10/29/1999
by
L
-Ut?pu y 5 eri
Sworn and subscribed to before me
this n a., day of
19-q() A. D.
??,
0 onoo ono ary??
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05825 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BARBCO INC
VS.
MARTIN BRIAN ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon MARTIN AMY the
defendant, at 16:05 HOURS, on the 27th day of October
1999 at 12 PARK STREET
MT HOLLY SPRINGS, PA 17065 CUMBERLAND
County, Pennsylvania, by handing to AMY MARTIN
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00 2
Affidavit .00 ?//
Surcharge 8.00 R'-Thomas R7inie, Sheriff
10AA/IID?29%19995
by ?J
epu y?1ieri
Sworn and subscribed to before me
this 9 r`' day of
19 C1 A.D.
rocnonozairy
BARBCO, INC.,
Plaintiff
V.
BRIAN MARTIN, and
AMY MARTIN, husband and wife,
Defendants
TO THE PROTHONOTARY:
AND NOW, this 6 k
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 99 - 5825 Civil Term
CIVIL ACTION - LAW
day of 2000,
please mark the above-captioned case settled, discontinued, and ended, with prejudice.
Respectfully Submitted,
9 IAA
J e Adams, Esquire
.D. No. 79465
117 S. Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
G JJ CL
cz,