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HomeMy WebLinkAbout99-05825 w V T 1`;. ?1l i 1h1 1 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 `013 349 745 US Posla'?ervlce Receipt-tor Certified Mail No Insurance coverage Provided. ExAlb-4 "2- -1 Poeuge d SENDER: I I also wish to receive the N a Complete Items 1 ander 2 for additional servrcos • Complete items 3, 4a, and 41to . following senricas (for an m is Punt your name and address on me reverse of this form so trial we can return thiS extra fee) d r rL candid yy0U Cron the back if space does not is Attach In s lonn to the front of the mailplnce 1. ? Addressee's Address U per . perm,( e w.ne "Rolum Receipt Requested-on me rhaep?aco below the ankle hornbar 2. ? Restricted Delivery 2 N • The Return Receipt will show to whom me article was delivered and the dale Consult postmaster for fee. $ delivered. 0 3. Article Addressed to: 4a. Article Number 011 3 _ c JCth Gt-rl f"l7Lt t 'JI?( /"]Rr'J? . 4b Service Type Eo ? ? j, ) . ? Registered Certified -IR 120 ? Express Mail ? insured c 7 ? Return Receipt for Merchandise ? COD ' 0 7. Oat e P T I-T? b 0 5. Received By: (PrintName) 8. Addr ssee's A dies (Only it requested m ,rnrsr?t Fa -vtJ \< and lee is paid) c . . 6. Signature: (Atldressee or Agent) r ~ o T 22 PS Form 3611, December 1994 102595-98.8 0229 Domestic Return Receipt VITRIFICATION 1 verify that the statements made in this Complaint 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. ctia-- lO/9? g Qa2t- J ne Adams, Esquire. ?. ?', ' : ._ (- ? . ?`. ?_- r]_ i rr? ?i ?, ?J L. .?? CJ ( SENDEF fI • corm oetue f ecerd fo yor • AptteLdl tlYe e A wm?,W e The ReWn delivered p ? BI 1 also wish to receive the 1 mNOr 2 for eddilimal wrvim. following services (for an ' Y, end eo. erW eddreu on tlro rawru of this lam Ad OW we url return Nis B#10180): W rile from of eb manplece. or on the back a weae pkze n^f 1. ? Addressee's Addrese 2. ? Restricted Delivery er.Npf Requectsd'en me mellple a w tree balow the delivered d end Wed the e der$ deb elpt rAe arrow to wrwm me eNd Consult postmaster for lee. E' eased to: Ifa Arhde Number ti 77/7 i '7 / Al l 88 1,701 -1 5. Received By: (Print Name) i 8. Signature: (A dresses or Ag nt) X PS Form 3811, December 994 J - v . u 4b. Service Type ? Registered B ied ° ? Express Mall Insu e D ? Return Receipt for Merchandis e ? CO 7. Date of Delivery _-,? 7,- E 8. Addressee's Address (On ly ltrequested and tee Is paid) i i I ? I l " SENDER a Noe + Wx& 2 for a"sorWaer'- I also wlah to receive the j:. . . . name s, w, Ya ab. following services (for an ' • Pdnt your name and aftess an er spans of We form so sea we an Mum v" extra fee): ambyou I •pAnMl.sYa f?eNorm to sw)mont of the malpixa, a on to sack h apaw done not 1. 13 Addressee's Address • WMe •gsNm Nsalpf Regwsfe?pn an m?lldscs below dw auras number. 2.13 Restricted Delivery •dYMmed, RaoeW+ws Yaw to whom ft wtle wu eaWarea and tna data Consult postmaster for fee. 1j 1 ?(3/??)Ankle Addresseµdto: \ 4a. ArtkAe Numbe -) -71 qq r Type /s-i76cik, ?j?I /rn r "?" r "flJ 4b. Servke t [3 Registered .. . ? Express Mall ? neured ? Realm Recalm lar Manhandle ? COD t ? wpb .?5? Z °? ?? ? eceWed By: t Name) B. Addr ease's ddeea (Doty ff requested 1 (, and tee Is paid) 6. Sig re: dd eorAgenf) S PS Form 3811, December 1994 +msasusaoaan Domestic Retum Receipt i 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. ?T S1ynNU-r wl.,.•?,i :.rr: .n r. ?.1 L.r ... ..?,. ruts of a nt -Slgnl I1f10 0l piln:'N C/ My commis?mn , =SEAL PATRICIublic Carlisle nty My C ommiss11, 2001 !- co L 1.1.E C C-) =3 I'-- _ -'c n t .,.. li N .l G d p Cr =a 1 ?? Q l 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 r F-e o Lq L% a n-iig - ) ri y -.-r,. ---'--- ", ir11 Sf? lif.'tiiII11W0J .SW le""010 -1111 '"_° I:^? Py1q ieJy?? um1.1'I l e? i,fln l? eiryou615` luegie io emiau61S -__6l j0 A'VO SIHl 364 AHjo 3h3 03HIH0SU(IS (IN'V 0.73WHI33Vl NHOMS nla)ay pauseUe IdlaDal a?apllBS 'liew (palalS OO (paylliao) Ag ? 031AJOS leuovad Aq uo passalppa, sem a!nH am woyM 01 (s)aalladde ay; uodn Ieaddy)o aOpoN anoge ay16wAuedwooue luI uId woo eal! j of alnliayl paAJOS l leyl laylm) pue 01a?ay pay0epe 1dla0a) s.japuas yiew (pEoals16aA) (palIliuao) A q E] a0!Nas leuosrvd Aq [I -61 (omeu) aapedde eyl uodn pue'olalay pagaew., {d!aoal s,iapuas 'Hew (paiais160i) (papgiao) Aq p 031AJOS leuosiad Ap ? ___ uo walagl paleu6leap aopsn @as l0 oz) t? f l0igslp ayl uodn - ON sea!H u0ww0p 'leaddy )o a0µoN a111lp yo Adoa e El paAJOS I leyl uuy;e 1o ieaMS Agaiey I :lIAV0133V -40 AINnoo VIINgAIASNN3d AO H.LIV3MNOWWOD (Soxx)oq e1geiiidde,4oego ieadde io aogou otil &plll d31dV SA VO N31 N/141,61 (13711 3B 1SnIGV aaln)os io )oni(j su41) 1NIVIdW00 3113 Ol Tina ONV IV3ddV 30 30110N 30 301AH3S 30 300Nd i_ 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,