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HomeMy WebLinkAbout08-0566 GOMMONWEALIM UI- rtNNSTLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q 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 on the date and in the case referenced below. t t I i PP`??e 2 04d rNO.? 0000340-09 09- 2-D2 CITY s le ?CO- i f vs This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. som h" of PMOMCAAMY or D" NAME:.SSICA,Q,Qew I3??R STATE ZIP CODE 4 1)ot? lie (.t/e/ 1iAN-el ' V 'E ATTORNEY OR AGENT J)? was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.D.J. 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 appeaee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appellant or attorney or agent RULE: To , appellee(s) Name ofappeaee(s) (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) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 200 uve Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN- COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, on sender's receipt attached hereto, and upon the appellee, (name) ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature ofatfiant Signature of official before whom affidavit was made Title of official my commission expires on 20 TdSe41- p ,,° 6 C, :` G' '1? NVF 8ROZ COMMONWEALTH OF PENNSYLVANIA COUNTY OR CMGZRLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRZKRAT= Address: 18 N HANOVBR ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 JOSEPH P. HAQMMUCH 1461 PINE ROAD CARLISLE, PA 17013 NOTICE OF UDGCASE fTRANSCRIPT CIV PLAINTIFF: ri"Z1111BUCH 1461 PINE CARLISLE, L DEFENDANT: 7 J NAME and ADDRESS JOSEPH P ROAD PA 17013 VS. NAME and ADDRESS 17013 REEEINE, HALTER N 67 GRARM ROAD NENVILLE, PA 17241 THIS IS TO NOTIFY YOU THAT: FOR DE1l=ANT Judgment: 1/14/08 HEINB, K&T-11 t N ® Judgment was entered for: (Name) ® Judgment was entered against: (Names) HAaENBUCH, JOSEPH P in the amount of $ A t of Jud ment $ .00 a Defendants are jointly and severally liable. II oun g Judgment Costs ment d J $ ' $ .00 Damages will be assessed on Date & Time g u Interest on Attorney Fees $ .00 This case dismissed without prejudice. Total $ . 00 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 **SEE ENCLOSED OPINION Post Judgment Credits $ ts $ C $ os Post Judgment El Portion of Judgment for physical damages arising out of Certified Judgment Total $ residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE Mn PLeasuC VI DIVISIONoYOU NOTICE m.,- EXCEPT .iSOTHERWIS PROVEO INS , 3 JUDGMENT HOLDER ELECTS TOSNTeR'THE" MDGMI=N7 =IN,INE'COURrOF"'CO'MMON PLEAS; /CLL FCI AGSPROLES&M COME FROM E-COURT, OF COMMON-PL'EAE`IiNb F?ti`F[?R R PROCESSsMAY BE-ISSUED 8Y THE`MGIS'PERfAL DISTRICT JUDGE . VNLtSS THE JUDGMENT IS-ENTEREDINSHE`'000RT.OF?COMM69,PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A'AEOUES`T FOR ENTRY OF SATISFACTION WITH-THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIESVITH THE JUDGMENT. , Date , Magisterial District Judge I y that this is a tr a rrect copy of the record of the proceedings containing the judgment. GLC G I, fit"- ?- Magisterial District Judge 2012 SEAL My commission expires first Monday of January, AOPC 315-07 _ - _? ?? •......sn - 1 / 1 A / n A o . z r.. n n pm L J Docket No.: CV-0000390-07 Date Filed: 12/03/07 (Date of Judgment) Opinion: Joseph P Hagenbuch v Walter N Heine The testimony at the hearing on January 14, 2008 indicated that Mr. Hagenbuch rented a second-floor apartment from Mr. Heine. The lease provided for a $495.00 security deposit, and $495.00 monthly rent. To begin his lease and fulfill the requirement of the first month of lease, Mr. Hagenbuch paid Mr. Heine $990.00. 11A t/ R Shortly after moving in, Mr. Hagenbuch complained about intense heat in the J P middle of the night. Although he turned off the baseboard heaters, opened windows, used a fan and an air conditioner, the heat was not abated. Mr.' Heine even allowed Mr. cOQtZtC+, o'V Hagenbuch to try a vacant apartment which had no electric (and thus no heat), but Mr. --Heine still had a problem with the heat at night. 1Vfr Hagenbuch testified that he is now living at his brother's house, and he also experienced a problem with the heat. However, he closed off all the vents and directed the heat to one room (his brother's) and now seems to be faring better. The lease between these two parties called for a termination fee of two months rent, plus a surrender of the security deposit. Mr. Heine did allow the termination with only a surrender of the security deposit, and in fact, refunded % of the first month's rent. The Court is constrained to feel that this is a fair resolution. While the Court sympathizes with Mr. Hagenbuch, it appears that the problem is one in which Mr. Hagenbuch appears to be experiencing night sweats, or a similar medical ailment. He testified that he wakes up sweating, and has to go outside to cool off (even in very chilly temperatures). Additionally, no other tenants, in either the neighboring apartments on in the same apartment subsequent to Mr. Hagenbuch's vacancy, have complained about the heat. Finally, Mr. Hagenbuch experienced a similar problem at his brother's house. All evidence indicates that the problem Mr. Hagenbuch is experiencing is one of his internal temperature control, rather than a problem with the apartment or environment in which he is residing. As a result, Judgment is for the Defendant. It is so Ordered. Date: t 4A ?1k p M7-f- ate N c,y ?- Z: o ,???P ?p P IT: J- r fAVe (?'%,-=PTA) t+ 14 vx, e, u JDb© ??Ce (Seal) Jessica E. Brewbaker Magisterial District Judge (Al'' JOW Ste' 77 1 GDMMONYYEALTM U1- rtNN,TLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 ?? `J y ? 'CI`?t NOTIMOF APPEAL 'n 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 on the date and in the case referenced below. APPELLANT NA OF p p4 P 14A 9UC MAG. Out. No. 07 --2- D 2 f E.SSic U/01 4C F ("f APRREAS OF ( G?? CARL- I J rC _ S 4 1 )0/,i TVE DATE OF N iNi o sCASE e OF e 14i I 4 4,11 eV f 4G 4 ' vs N e ?° '" 14' DOCKET No. I°? y _ ©O O l ? j SIGNATURE OF ;7ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(8) in action R.C.P.D.J. No. iOOBB. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. . s+a?ara+?u?«?a.yao?y y 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.D.J 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 w,fe upon appellee(s), td file a complaint in this appeal Name of appebee(s) c y (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. a - Signature ofappellant orattomey ora" RULE: To , appellee(s) c Name of apW"(s) (1) You are notified thata rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of servioe of this rule upon yot) by personal service or by certified or registered mail. , (2) H you do not file a complaint within this time, a JUDGMENT OF NUM PROS MAY BE ENTERED AGAINST YOU. (3)-The date of servile of this tole if service was by mail is the date of the mailing. a Date: V Q?1 Qy .. 200S'' , ProdxwWary -DeplRy o e YOU MUST INCLUDE ACOPY OF"THE NOTICE OF iut)e IENTITRANSCRIPT FOkM WITH THIS "NOTICE OF APPEAL. AOPC 312-02 o WHITE- COURT FILE TO BE FILED WITH PROTHONOTAW Y G41REN - COURT FILE YEL'LQW! APPELLANTS COPY ° PINK COPY TO BE,SERVED QN APPELLEE dOLD - COPT( TO SE SERVED ON DIS?RICT JUSTiOE 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 Cc yt, 4Q ",j ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas og• $i,fo , 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) e(;,(/? I /tee' on L L( -'7 JI k 20 op ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. / c c{ (SWORN) (AFFIRMED) AN?BSCRIBED BEFOR ME Tl- IL- DAY OF -kjbnj=, L 1 , 200 SamalldWoYoftiat before whom affidavit was made N Title of official _ My commission expires on ` .2009 NOTARIAL SEAL CLAUDIA a: BREWBRKER, NOTARY PUBLIC Carlisle Borst Cumberland County M Commbsslon Expires April 4, 2009 - "4:w2 Signature ofaffiant C5 -0 t7j -n D- r M X-n ,` r.. F ?.: C 3 CO crt Plaintiff Hagenbuch, Joseph P 1461 Pine Road Carlisle, PA 17013 Gomplai?l t vs. Defendant Heine, Walter N 67 Graham Road Newville, PA 17241 Common Pleas No. 08-566 Civil Term On October 27, 2007 the Defendant, Mr. Heine and the Plaintiff, Mr. Hagenbuch agreed on a lease of 142 South Hanover Street Apt. 2, for a term of 1 year, commencing October 27, 2008. The Lease was for $495.00 per month with a security deposit of $495.00. Mr. Hagenbuch gave Mr. Heine $990.00 to start for the first month and security deposit. After moving in Mr. Hagenbuch complained about the apartment getting hot. He said he opened up windows and turned on fans to try and cool it down. He also made several phone call's to Mr. Heine about the heat. Mr. Hagenbuch tried everything he could think of to try and cool the place down, he really wanted to stay there. He never had a problem an apartment getting to hot. His Brother, Mark Hagenbuch brought over an air conditioner to try and cool it down. The air conditioner wasn't enough to cool it down. In the middle of November or close to the 15th of 2007, Mr. Hagenbuch called Mr. Heine and said he wanted all of his money back. The Defendant refused to give the Plaintiff the $245.00 for the first Month Rent, which was half of the month. He also refused to give the Plaintiff $495.00 for the Security Deposit. On January 14th, 2008, Judgement was entered in favor of the Defendant Mr. Heine against the amount of $740.00 to the Plaintiff Mr. Hagenbuch. This is $495.00 for the security deposit and $245.00 for the half month's rent. Every night the place was hot and I really feel that I deserve all of my money back. On or about November 10th, 2007 the Plaintiff gave Mr. Heine the keys to the apartment back. The Defendant Said he would return the $740.00, if it was in the same condition. A few days later Mr. Hagenbuch gave Mr. Heine another phone call and demanded that Mr. Heine pay him his money back. He said it was hot every night and tried everything the Defendant told him over the Phone. As of This date March 6, 2008, the Plaintiff Mr. Hagenbuch Demands that the Defendant Mr. Heine Pay him $740.00 for the settlement of this case. Sincerely, Joseph P. Hagenbuch Plaintiff Y, 8 d .,C David D. Bueff Prothonotary KirkS. Sohonage, ESQ Solicitor W.me X Simpson I" Deputy Prothonotary Irene E. Morrow 2"d Deputy 1tothonotary office of the Prothonotary Cumberfand County, Tennsy(vania 68 _SL O CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 9 Suite .100 0 Carlisle, PA 17013 • (717 240-6195 0 fax (717 240-6573