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HomeMy WebLinkAbout04-0061COM AONWVALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 04- `p I CIVIL NOTICE OF APPEAL 2A 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 dale and in the case mentioned below. / NAMFOF APPELLANT MAG DIST NG OR NAME OF DJ. X Naomi Geneis.«? C y m e A o N J Robert V. Manlove ADDR65 of APPELLANT 17044?Y -Ir W15j oWJV ff- ?70 Z/ ?F S7AX ZIP CODE 212 W. Market St., rA_ 1_ PA DATE OF ADGMENT N THE CASE OF (Ph"in) (Lbleriai'tl 12-8-03 Naa i Cameron & Rir}r-srri KOt1'JCe K •DUSDObro & Riebare KOttke CLAIM NG I51GNATURE OF APPELLANT OR MS ATTORNEY OR AGENT CV 506-03 III`'6to s>+% ?ry? LT This block will be signed ONLY when this notation is required under Pa. R.CP.JP. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or 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 Dusti Dobrota & Richard Kottke appellee(s), to file a complaint in this appeal Na rre of appeA esi s) (Common Pleas No 04- CIVIL ) within twenty (20) days after service of rule or suffer ,"off"judgment of non pros ?•Jenentry t -'w 'bO b (C bt u SgWwe of eppeftnt or his afforney or agent RULE: To Dusti HAnbta & Richard Kot en(s) Name of appenaels) (1) You are notified that a rule is hereby entered upon you to file a complaint in this apped 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mai' Date: Jan. 6, 2004; siyJBNe AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY 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 SS AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. _ upon the District Justice designated therein on (date of service) ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee (rnamea on ? by personal servfee ? by (cerh'ied) (re _--gistered) , mail, sender's receipt attached hereto ? and further that f served the Rule 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 iME THIS DAY OF St ltti PL. J'{%C h r,?'..^.m t?4 te5,^2ttE Title M a'tc a! My commission exr ,os ?, C -41 syloature of of ranr ?v ?a n r._ N C_'l .1+ EP C ,I a" qi T_ l ?) t. •`ItOMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. N... 09-1-02 .. DJ Name: Hon. ROBERT V. MANLOVE Adme:s' 1901 STATE STREET CAMP HILL,. PA Telephone: (717 ) 761-0583 NAOMI CAMERON 212 W MARKET ST LEWISTOWN, PA 17044 1'4 ---THIS IS TO NQTIFY Y01J THAT,. Judgment: 0 Judgment was entered for: NOTICE OFCJUUIDLGMENT/TRANSCRIPT PLAINTIFF/JUDGMENT 6E6TOASE FCAMERON, NAOMINAME and ADDRESS 212 W MARKET ST LEWISTOWN, PA 17044 17011-0000 L VS. DEFENDANT/JUDGMENT C ILq'% ' t an DRFS3i TDOBROTA, DUSTI, ET AL. (P6cj4"-A 29 DAVIS RD NEW PARK, PA 17352 L I Docket No.: CV-0000506-03 Date Filed: 11/17/03 CROSS COMPLAINT 001 FOR DE 7MANT (Name) IROTTRR, RT(_HARn ?X Judgment was entered against: (Name) (:AMRRON, NAOMT in the amount of $ ?p on: (Date of Judgment) 2/OR/0 i Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 This case dismissed without prejudice. Attorney Fees $ .00 Total $ .00 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical damages aris tto sidential Post Judgment Costs $ ----- ----°-° lease $ -• -.••-- Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL § ITHW SP DAYS AFTER THE ENTRY QF JUDGMENT BY -FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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 BY 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 THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR !OTHERWISE COMPLIES WITH THE JUDGMENT. f ?3 Date C GvYIJ? District Justice I certify that this is a true ei47 y a of e proceed ings-rmtaining the judgment. 121 ?6i Date District Justice My commission expires first Monday of January, 2006 . SEAL I 11 obP<( l AOPC 315-03 DATE PRINTED: 12/08/03 3:28:02 PM N ?- O ?a O ` FilT _ Cl ? lll??? (((VVV 11 -COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No., PLAINTIFF: NAME ana DRE s 09 -1- 02 rDOBROTA, DUSTI, ET AL. t?Ic-rel ((o Inc DJ Name: Han. 29 DAVIS RD ROBERT V. MANLOVE NEW PARR, PA 17352 Address, 1901 STATE STREET L J CAMP HILL, PA Vs. DEFENDANT: NAMEand ADDRESS Teiephorie:(717) 761-0583 17011-0000 rCAMERON, NAOMI 212 W MARKET ST LEWISTOWN, PA 17044 NAOMI CAMERON L J 212 W MARKET ST DocketNo.: CV-0000506-03 LEWISTOWN, PA 17044 Date Filed: 10/31/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.ATNTIFF ?X Judgment was entered for: (Name) nnnunTA, nLTSTT, RT AT. F Judgment was entered against: (Name) I:AMRRON, NAOMT in the amount of $ FFq _ gn on: (Date of Judgment) 1 2/OR/n9 Defendants are jointly and severally liable. Damages will be assessed on: ? This case dismissed without prejudice. (Date & Time) Amount of Judgment $ 600.00 Judgment Costs $ 69.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 669.50 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arislitj donor-residential lease $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENTBY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU ` MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR 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 BY 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 THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t,i?rt, n,l••r°.. ?e / t / ? 03 Date e'14,,a - ',•-.;;' i, Di§trict Justice I certify that this is a true a r c p cor of the proceeding!cor}t?fatPftg the judgment. q? A Date A bistrict Justice ^a My commission expires first Monday of January, 2006. "'S7 AL , AOPC 315-03 DATE PRINTED: 12/08/03 3:26:15 PM N O C o m 2 M HI U1 C>C? 1 t*i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTI A.L. DOBROTA, RICHARD W. KOTTKE II Plaintiffs, Vs. NAOMI CAMERON, Defendant, CIVIL DIVISION COMMON PLEAS NO.: 04-61 CIVIL COMPLAINT IN LAW IN CIVIL ACTION 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUSTI A.L. DOBROTA, RICHARD W. KOTTKE II Plaintiffs, VS. NAOMI CAMERON, Defendant, NOTICE TO DEFEND 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 717-249-3166 2 Complaint in Action by Former Tenants to Recover Security Deposit 1. The defendant Naomi Cameron is an adult individual residing at 212 W. Market St. Lewistown, PA 17044 2. The Plaintiff Dusti A.L. Dobrota is an adult individual residing at 29 Davis Rd. New Park, PA 17352 3. The Plaintiff Richard W. Kottke II is an adult individual residing at 29 Davis Rd. New Park, PA 17352 4. The defendant is the owner of a certain real estate situate located at 310 5" St. Summerdale, PA 17093 by which the plaintiffs formerly rented from the defendant beginning June 1'`, 2001 and ending June 15th, 2003. 5. In accordance with the security deposit requirements as specified in the original residential lease, the plaintiff Dusti A.L. Dobrota paid the defendant a sum of four hundred ($400) dollars by form of cash on May 10, 2001 to act as the security deposit. 6. On or about April 26th, 2003 the plaintiffs notified the defendant in writing their intent to vacate the property owned by the defendant and located at 310 5th St. Summerdale, PA 17093 by May 31st, 2003 at 11:59 p.m.. 7. At the time of the mailing of the above said letter, a forwarding address for the plaintiffs was unavailable and so included in the notice to vacate was the permanent address and phone number for plaintiff Dusti A.L. Dobrota's parents. Also included in this notice 3 were the cellular phone numbers for each plaintiff. A copy of this said letter is attached and should be known as Exhibit A. 8. On or about May 20th, 2003 the plaintiffs verbally requested a 15 day extension of stay on the premises. This request was accepted by the defendant who which received from the defendants a check for the amount of '-i months rent. 9. On or about May 25th, 2003 the plaintiffs who had by then determined a permanent forwarding address, filled out and sent a United States Postal Service notice of forwarding address card to the defendant. The forwarding address identified on this card was 29 Davis Rd. New Park, Pa 17352. The receipt of the notification card by the defendant was confirmed during a phone conversation between the plaintiff Dusti A.L. Dobrota and the defendant's son. 10. On June 15th, 2003 the plaintiffs vacated the property owned by the defendant and located at 310 5th St. Summerdale, PA 17093. 11. On July 19th, 2003 after waiting over 30 days and receiving no correspondence or contact of any form from the defendant, the plaintiffs mailed a letter to the defendant formally requesting the repayment of the past due security deposit in the sum of four hundred ($400) dollars. This letter was sent to the defendant's address in Lewistown, PA and to the 310 51h St. Summerdale, PA address. No response to this letter or repayment by the defendant to the plaintiffs was ever made. A copy of this said letter is attached and should be known as Exhibit B. 4 12. On October 31st, 2003 a civil complaint by the plaintiff against the defendant was filed in the Cumberland County, Pennsylvania Magisterial District Court No. 09-1-02, Docket No. CV-506-03. The amount asked for judgment against the defendant was the sum of Eight Hundred ($800.00) dollars. This sum represented double the amount of the previously held security deposit and was the full amount allowed under the Pennsylvania State Statute Title 68 Sub Section 250.512, Recover of Improperly Held Escrow Funds. 13. On December 12th, 2003 a judgment for the amount of Six Hundred Sixty Nine Dollars and 50 cents ($669.50) was entered for the plaintiffs and against the defendant by District Justice Robert V. Manlove. A copy of this said judgment is attached and should be known as Exhibit C. 14. On January 6t", 2004 the defendant appealed the judgment rendered by the District Justice in the case No. CV-506-03 and hence this complaint is being filed with the Cumberland County Court of Common Pleas. Prayer For Relief Wherefore, plaintiffs respectfully request the following relief: 1. By reason of the aforesaid premises, the plaintiffs' claims to recover from the defendant as damages owed the sum of Eight Hundred Sixty Nine Dollars and 50 cents ($869.50). 2. The award to plaintiffs of all court costs and filing fees resulting from this suit. 5 3. The granting of such other and further relief as this Court deems necessary or proper. Hence this suit. Respectfully Submitted, Dusts A.VLD,?29 Davis Rd. New Park, ?P/A? w1?7,,3'I5 2^ - fi ""rCJ , wA1,0' z Richard W. Kottke II 29 Davis Rd. New Park, PA 17352 6 VERIFICATION Commonwealth of Pennsylvania, County of Cumberland Before me, a N tary Public in and for said County and Commonwealth, personally appeared who, being duly sworn (or affirmed) according to law, deposes (or affirms) and says that he/she is one of the plaintiffs above named, and that the facts set forth in the foregoing complaint are true and correct to his/her personal knowledge, information and belief. Sworn to and subscribed before me this day o 2004. J? dt /Y'. (All Notary ublic Signature of Affiant NOTARIAL SEAL JODY S. SMITH, N OTARYPUBLIC Carlisle Boro, Cumberland County I My Commission Expires April 4, 20051 7 ?Xh: e; t A Naomi, Enclosed is our final rent check for the month of May 2003. As a formality this letter also will serve as our thirty day notice. We will be vacating your rental property at 310 Fifth Street, Summerdale, PA by Saturday May 31 ", 2003 at 11:59 p.m. Should you need to contact us my cell phone is (717)877-9052, and Rick's is (717)649-6568. At this point we do not know what our new address will be, so any correspondence can be sent to my parent's home at: 1128 Adam's Run Road, Bedford, PA 15522. If for any reason you cannot reach us by our cell phone's a message can be left at my parent's house at (814)839-4703. When we know our new address I can call you with it. Sincerely, Dusti Dobrota & Richard Kottke July 19, 2003 To: Naomi Cameron 310 5`s St. Summerdale, PA 17093 A formal request is being made for repayment of the past due security deposit which was held prior to the commencement of our residence at 310 5m St. located in Summerdale, PA. The amount of the previously withheld security deposit was $ 400.00, which was due to us by July 15, 2003. The deposit can be sent to the forwarding address that we had previously notified you of prior to our vacating of the above said residence. The mailing address once again is: Dusti Dobrota and Richard Kottke 29 Davis Rd. New Park, PA 17352 At this time we would also like to refer you to the Pennsylvania State Statute Title 68 Section 250.512 referring to the Recovery of Improperly Held Escrow Funds. A copy of said statute has been included with this notification. Thank you, Richard W. Kottke 11 Dusti A.L. Dobrota COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-1-02 DJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE STREET CAMP HILL, PA Telephone (717) 761-0583 RICHARD KOTTKE 29 DAVIS RD NEW PARK, PA 17352 THIS IS TO NOTIFY YOU THAT: Judgment: 0 Judgment was entered for: Exk; bid C OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rDOBROTA, DUSTI, ET AL. 7 29 DAVIS RD NEW PARR, PA 17352 L J VS. DEFENDANT: NAME and ADDRESS 17011-0000 rCAMERON, NAOMI 212 W MARKET ST LEWISTOWN, PA 17044 L J Docket No.: CV-0000506-03 Date Filed: 10/31/03 (Name)-, _wrtRnmA Tmr PT RP Ar ?% Judgment was entered against: (Name) c-AMRRnN. NAOMT in the amount of $ 999 sn on: 1-1 Defendants are jointly and severally liable. 17 Damages will be assessed on: 7 This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 12 /nR In-14 (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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 BY 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 THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. / Date "'-;, DiBtrict justice I certify that this is a true a rr c cor of the proceedin s c f ?htn he•' d ment. ?Z O Date l '? rDistrict Justice ., My commission expires first Monday of January, 2006. SEAL , AOPC 315-03 DATE PRINTED: 12/08/03 3:26:15 PM '?, I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa.R.A.P 121: Service by first class mail addressed as follows: Naomi Cameron 212 W. Market St. Lewistown, PA 17044 (Defendant) Hon. Robert V. Manlove (717) 761-0583 1901 State Street Camp Hill, PA 17011 (District Justice for District No. 09-01-02) Dated: Signed: (Plaintiff) ?, o 'G :'F1 mr.t L ? m? .r °i' ?: ? G CO ? f=GJ :-' i .F.. -?' C7 rn :c= n ? ? ? N ,s V Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary office of ,ie t pCum'beria ub countp john E. Slike Solicitor L - CIVIL TERM ORDER OF TERMINATION OF COURT CASES MBER 2007 AFTER MAILI THE ABOV of THIS 5TH DAY OF NOVE RESPONSE ITH PA AND NOW RECE PI IN ACCORDANCE W INTENTION TO Y ?EIN? WITH CASE IS HEREB R C P 230.2. BY THE COURT' CURTIS R. LONG PROTHONOTARY clne 17013 ' (717)240"6195 • Fax(717)240-6573 Courthouse Square Carlisle, Pennsylvania