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HomeMy WebLinkAbout07-5553F COMN?ONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL _a~ Judicial District, County Of C'tl, ,v .6 FROM DISTRICT JUSTICE JUDGMENT COMMON PI Rera Yw A rl NOTICE OF APPEAL Notice's given that the appellant has tiled in the above Court of Common Pleas an a rendered the date and in the case referenced below. appeal from the hdgment by the District Justice on 331 Ile- 11 Tr /O 1 ! 0000134 - 6 7 o9- Z O c" IeL1s C4 V. Lees. R.C.P.D.J. No. 10088. - - _..o "s `°quafea unoer Pa. I when mosived by the Mtrict Ju ks' will operate as a judgment for possession in this case. S?nd"dgWonafry Wdpuhy was before a Disbiot Justice. A (20) days 8itl3r MW 00 NOTICE of APPEAL. BE FILED within twryly PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of Ibnn to be used ONLY when appea nt was DEFENDANT (see Pe.R C.P.D.J. No, fool(7) in action bNbre D Justice. IF NOT USED, detach ftm copy of noboe of appeal to be served upon apps PRAECIPE: To Prothonotary Enter rule upon / C appease(s), to tie a oompteirht in this appeal /?lVNnaarappaba(? J (Common Pleas No. 2?' . a i t ' ) wIWn twenty (20) days after ice of rule or sot entry of ludg t of non pry. RULE: To l? v pn.n..or rwr,ro:.do my crag" 7460,1K 01 .appease(s) Mnna ofsppaMaa(a) Of th is you are notified that a rule is hereby entered upon you to file a oomPlaint in this appeal within upon you by Personal service or by certified Or registered mall. twenty (20) days after the date of service (2) If You do not fib a complaint witlin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rote if service was by mail is On date of the mailing. Date: 20 07 so, °r aD" YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 ot WHITE - CDURT FILE TO BE FILED WITH PRDTHDNOTARY GREEN - COURT FILE YELLOW- APPELLANr3 COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY 70 BE SERVED ON DISTRICT A STILE E Q SECf1?CE OF! ' AYAER RULE noticeF?Peat "ae boxbs. j (This proof of service MIS fiD. 1 COMMON?TH Ol PENT LVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) .20 ? by. personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) C . by .( lr h ,20 q sender's receipt attached hereto. (^I,VQgN) (AFFOWWW AW SUBSGRIWD BEFOR A,E THIS DAY OF 5pnW,m of official before WhOM O "k was made TkArdf?lfaiai - ` My commission expires on , 20 sirruwe of afrent o C6 C) tJt .1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUNMaR=dM Map. usl. NO- 09-2-01 MDJ Name: I Ton. P1I?fftA P . CORRML aaorass: 2260 SPR330 RD SUITR #3 CA><LISLE, PA Tolopho: (727) 218-5250 17013-0000 PAt& P. COO >,r 2260 BPIRZIlG RD OWT11 #3 CARLISLR, PA 170130000 THIS IS TO NOTIFY YOU THAT; Judgment: <=J Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE N"fi and QMCGB ?nAVin ;R socnnXi > . zin" 01 a r 110 0 xz= ST NBifPILLS. PA 17241 L. vs. J DEFENDANT. NAUr and AnnaFFF I LROIKAR>lrt , Mahm, BT AL. 331 C 8T CMISLR, PA 17015 L J Docket No.: LT-0000136-07 Date Filed: $/17/07 Judgment was entered against ------------- 7 Landlord/Tenant action in the amount of $6 7 in a I on -07 The amount of rent per month, e?8 established by th eriAf District Judge, is $ {Date of Ju.00 dgment) The total amount of the Security Deposit is $ .00 Rent in Arrears Total Amount EstablishegbyreJ00 Less-Security Deposit Applied T= Adjudicaked A $ 00 Oun Physical Damages Leasehold Property g p0 _ $ IF 0 .0? Damages/Unjust Detention $ 00 °° - eo= Less Amt Due Defendant from Cross Complaint - $ interest (it provided by lease) $ Attachment Prohibited/ UT Judgment Amount $ fi_ eeo ea 42 Pa.C.S. § 8127 Judgment Costs $ Attorney Fees 157 7B This case dismissed without prejudice. $ ne Total Judgment $ 6 157 in L.l Possession granted. POSSeSS!On granted if money judgment Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT H48 THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN EY HUNG A NOTICE OF APPEAL WIT" THE PROTMONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS. CIVIL DIVISION THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUP111ASK EAS, TW APPELLANT MUST DEPOSIT WITH THE PROTHONOTARVICLERK 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 JUL)OMENT INVOLVING A RESIDENTIAL, LEASE, THE PARTY HAS ,4 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, crnL'DIVISION, THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTMANSCRIPT FORM WffW THE NOTICE OF APPEAL,. EXCEPT AS OTHERWISE PROVIDED IN THE RULss OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN!THE COURT OF COMMON PLEAS, ALL FURTHER PROCESSJNUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHEM PROCESS, MAY Ef ISSUED SY THE MAGISTERIAL DISTRICT JU606 . UNLE$$ THE JUDGMENT 18 ENTERED IN TH4 COUAY OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY PILE A REQUEST FDA IENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIER WITH THE JUDGMENT, IQ. Cj ] Data Date,, N1?/ commission expires first Monday of January, 2012 AOpr 315A Od d EL990b2LTLr01 isteriai District y ?Wdi '2t ST 4002-02-d_gS 0 ? P%4 o © r cn r> 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Plead 5 13 upon the District Justice designated therein on (date of service) 200 , ? by personal service ?j by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)?_?jypq je, ,Q?[/c,?N ?•?, on ll 200' ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME T S W DAY OF Q_ Signature of afhant r"118 of official before whom affidavit was made i Title of official Jane AM% NOOKY aaal Pd & My commission expires on C/ "20 Gauls B= cb.ee?ao. BXe,,epL % -_ - _. _ _-._ COMMONWEALTH OF PENN*YLVANIA COURT OF COMI PLEAS Judicial District, County Of r NOTICE OF APPEAL 4 , FROM bt1 *JCT JUSTICE JU T NOTICE OF APPEAL Notice is given that the aslant has W in the above Court of Common Pleasan appeal from the judgment rendered by the District Juice on the dale' and in the case referenoed below. NAIL OF APPEUAW MAG. . NO. of Q.J. "H It/AN if t' o r?" G © • Z ` o 69 ADDRESS OF APPeLLA19F r ter STATE 331 Ile- " ?f iFrLt 1?A' / '0? DATE AWAIE R IN THE CASE OF (FUiAM (p ?drr?' AEj .L?//O Q ?ia* C4 G » +W J!! d? ?rGY' oJ,Uwetn No. 6 7 This block wig be signed ONLY when this notation is required under Pa was C ASWW# { Pa. R R.G.P.D.J. No. 100!88. .C .D J. Mrs ' IM( ' in sotirx? This Notice of Appeal, when received by the District Justice, wiq operate as a before a District A alts, A C T ST BE FILED + *AW Wit!' SUPERWDEAS to the judgment for possession in this cm. (20) days after the NOTIGEof APPF_AL- PRAE E TO ENT@R RIJi+E TO FILE CtJItIPt ANPiW =Ff1LE (Th section of form to be ued ONLY when appellant was DEFENDANT PaJCC.P.D.J. No. 1001(7) In act on before DWrkt Justice. )F appeal to be served; NOT, tlSE1% detach from copy of rwltoe of PRAECIPE: To Prothonotary Enter rule upon ,4 (/I* Ao 1"A44&tA.4j ?tu appellee(:). to NO a WMPWM M this appeal (Common Pleas No. _ ?? 1 u (L ) within twenty (20) days alter l f of rule of SOWW" of kx%pmt of non pros. RULE: To -nd t<l ? 4io 456??' 44!Lft L , appellee(s) its of Wooftew if (1) You we noted NuV a rule is hereby entered upon you to 11119 a 0=0" in this app?1 within tweedy (2t?) days after the date of service of ft rile upon you by persortsl servloe or W mW*dor r%***W*otil: (2) N you do not file a con4gaint **On this tame, a JUDGMENT OF NON PROS MAYBE ENTERED AGANOT YOU. (3) The date of service of this nib ff service was by mail is the dMs of the r:at&v. Oats`. a<a.p YOU MST INCLUDE A COPY'OP THE NOT$= OF JUDGMW(TRA iPT FOW WITH THiS NOTICE OF APPEAL. AOPC 312-02 WHITE - couRT FILE To sE FLED wfFH PRmoNwm GREEN - COURT mE YELLOW - APPELLANTS DOPY ?r a. ,Ako awed 13 On t#M I/A/rlbs x M A !IM CMC1 to you. $ by ( l?Yr!Ml G. Dr?e d Drwry ofthe Wplmi* - r i .. a k dt?x Irm 1t `? nY?6. «wr dNdry addr bNow: 1 No L AD 7013 F W6 ?- a fi9ES EDO 0000 0922 EOOL 4. RMdrbbd D Iowa .? l 104 owlaft"ok" MWO a o1M m C "Wo fNr+Npt ion ar«aae a CAD. WO MWft Rw 13 rw ,oxs?s-oa?,a,o iv A? X arc tMr'ns??ns Q B. Or W (A**& ft" CC. D0401 D. to dlMr?ry agli4ra tan wr+a tT M ? ? dMweyr ?w d?kMt: @ ill?' BER JR ES ' PC PA 17257 srrMo. ry9r L. -,, I o d LLES EOL4 0000 0922 EDDL 0 BgpNrsMr?F d D RwMO lMaNWEtorktoMt' 131,,,, 'ma [3c.= 4. R61dMd D~oft'ft* p 7003 U4D 4041. 3 3?? ArwM 10206M-WlW EXHIBIT 'A' DAVID R. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF Executor of the Estate of : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. HOCKENBERRY, Plaintiff V. : No. 07-5553 CIVIL SHAWN LEONARD, and CHRISTY BROWNEWELL Defendants NOTICE 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 a judgment 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 OR 1-800-990-9108 DAVID R. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF Executor of the Estate of : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. HOCKENBERRY, Plaintiff V. SHAWN LEONARD, and CHRISTY BROWNEWELL Defendants No. 07-5553 CIVIL COMPLAINT AND NOW comes the Plaintiff, David R. Hockenberry, Executor of the Estate of Robert D. Hockenberry, by and through his attorney, Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C., and in support of his claim, state the following: 1. Plaintiff is David R. Hockenberry, Executor of the Estate of Robert D. Hockenberry, with address as 110 South High Street, Newville, Pennsylvania, 17241. 2. Defendants are Shawn Leonard and Christy Brownewell of 331C Street, Carlisle, Pennsylvania, 17013. 3. Letters of Testamentary in the Estate of Robert D. Hockenberry were granted to the Plaintiff on November 10, 2005, by the Register of Wills of Cumberland County, Pennsylvania, Estate No. 2000-01081. 4. On or about, June 6, 2003, Plaintiff, and Velma L. Zinn, while acting as attorney- in-fact for Robert D. Hockenberry, executed a written Rental Agreement with the Defendants. A true and correct copy of the agreement is attached hereto as Exhibit 1 and incorporated by reference herein. 5. Under the terms of the Rental Agreement, Defendants were required to pay rent in the amount of $200.00 per month on or before the first day of each month, beginning June 1, 2003. 6. Defendant took possession of the real estate on or about October 1, 2003. 7. Defendants vacated the premises on or about March 15, 2007. 8. Defendants paid a total of $1,000.00 in rent. 9. Defendants therefore owe a balance of $ 7, 100.00, calculated as follows: 2004 - 10 Months $ 2,000.00 2005 - 12 Months $ 2,400.00 2006 - 12 Months $ 2,400.00 2007 - 2.5 Month $ 500.00 Total Rent Due: $ 7,300.00 10. In addition to the principal sum, Plaintiff is entitled to interest on the unpaid balance at the rate of six (6) percent per annum, being $706.04 through December 31, 2007. 11. Plaintiff incurred filing and service costs totaling $157.78 at the Office of District Judge Paula Correal. 12. Defendants refuse to pay any additional amount of rent to Plaintiff. WHEREFORE, Plaintiff respectfully request that your Honorable Court enter judgment against Defendants and in favor of Plaintiff and against Defendants in the amount of $ 8,163.82, together with interest from January 1, 2008 costs and any other appropriate relief. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Date: ),I Vk-7 By: ?--? Richard L. Webber, Jr., Esquir Attorney for Plaintiffs Attorney ID No. 49634 126 East King Street Shippensburg, PA 17257 717-532-7388 VERIFICATION I verify that the statements made in the foregoing 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 unworn falsification to authorities. Dated: 1?,q - 3 ?r?> g?? "e" Dav id R. Hockenberry, xecutor of the Estate of Robert D. Hockenberry RENTAL AGREEMENT This agreement is between Robert Hockenberry's POAs, David R. Hockenberry and Velma L. Zinn and Renters, Shawn Leonard and cristy Brownewell. Location of rented property is 5 Penny Lane, Carlisle, PA 17013, PA . Monthly rent of $200.00 is due on or before the first (1s) of each month, starting with June 1, 2003. Make all checks payable to Robert Hockenbeny. Mail checks to David Hockenberry, 110 South High Street, Newville, PA 17241. The renters are responsible for all maintenance and desired repairs. Signed Date 649-e3 David R. Hockenberry, PO r?l Date 6'4-o 3 Velma L. Zinn, P _ v??Cl ._ Yf Date 1 ?03 Shawn Leonard Signed /l Lt?D`1C?_c,J Date risty B H C7 C -n ?'? + r r`3 C s c a ni