HomeMy WebLinkAbout08-6180
t r
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. t 9e- loll??
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.
Charles & Patricia McCowan 09- 3 -04 Thomas A. Placey
5255 E Trindle Rd, Mechanicsburg PA 17050
uw I r Ur rULA.F.1 V xV i nr (115r Vr l ( 1
October 6, 200 Barbara A. F e t r o w Charles & Patricia McGowan
LT-0000633-08 00001
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession incase.
was
in action
before a Di Justice, A COMPGINT MUST BE FILED within twenty
(20) c?ys a filing the NOTICE of APPAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO
(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 Barbara A. Fetrow
appellee(s), to file a complaint in this appeal
Name of appe0ee(s)
(Common Pleas No. D V_ W g'o CLI.?« ) within twenty (20) days
of rule or suffer entry of judgment of non pros.
orstimmy or agent
RULE: To Barbara A. Fetrow appellee(s)
Name of appeMse(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: 20,061 C1
eneMry or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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
P OF,S V CE.OF NOS' E OF APPEAL AND RULE TO FILE COi{MAINT
(This proof of servlce-MUST bE =D Irti+4THIN TEN 10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: 1 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) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of affient
Signature of official before whom affidavit was made
..?
TWO of official
CD
My commission expires on .20 c ria
b
+ COMMONWEALTH OF PENNSYLVANIA
rnI INTY np. COlLSZRIJ ND
Mag. Dist. No.:
09-3-04
MDJ Name: Hon.
THOM" A. PLACEY
Address: 104 S SPORTING HILL YD
MECHANICSBDBG, PA
Telephone: (717 ) 761-8230 17050
ATTORNEY DEF PRIVATE :
HAROLD S. IRWIN
64 S PITT ST
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) FETRON, SARRAitA A.
Judgment was entered against MCCOM, CRARLZS in a
?Z Landlord/Tenant action in the amount of $ 6, 825.50 on 10/06/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 295.00.
The total amount of the Securitv Deposit is $ 1,295.00 At??'"t: izz-r1,Q, j
Total Amount Establishedd b MDJ Less • Security Deposit Appli dd = Adjudicatted Amou t
Rent in Arrears $ 6, 75.00 - $ . w0= $ 6, 475: ?0
Physical Damages Leasehold Property $ .00- .00= .00
Damages/Unjust Detention 60 _ 00 - 1 _00- I 60.00
Less Amt Due Defendant from Cross Complaint - $ -00
Interest (if provided by lease)
Ur Judgment Amount $ 6 685.On
? Attachment Prohibited/ Judgment Costs $ 14CLSO
42 Pa.C.S. § 8127 Attorney Fees $ _ 00
F-] This case dismissed without prejudice. Total Judgment $ 61825.50
F] Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
0 Possession granted if money judgment is no sa Is le by time o eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK 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 SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK 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 JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 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, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. ' I" - UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE [JDGMENT MAY FILE,
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Vp Date , Magisterial District Judge
ce I at t Is is a rue an e e r o e prod gs containing the Judgment
Date , Magisterial District Judge
My_commission expires first Monday of January, 010 • SEAL
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAMEandADDRESS
Fr-ZTROW, BARBARA A.
5263 E. THINDLE LOAD
NZCHANICS8VRG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
FMCCO Z, CHARLES, ET AL. ?
5255 Z. TRINDLE (LOAD
MECHANICSBURG, PA 17050
L I
LT-0000633-08
Docket No.:
Date Filed: 9/18/08
• cb^NWEALTH OF PENNSYLVANIA
COUNTY OF: COIWERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-04
THOMAS A. PLACBY
Address: 104 S SPORTING HILL RD
MZCHANICSBIDRG, PA
Telephone: (717 ) 761-8230 17050
ATTORNEY FOR PLAINTIFF :
HAROLD S. IRWIN
64 S PITT ST
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rCHARLES & PATRICIA MCCOWN
5255 E. TRINDLE ROAD
MECHANICSBURG, PA 17050
L -?
VS.
DEFENDANT: NAME and ADDRESS
rFETRON, BARBARA A.
5263 E. TRINDLE ROAD
MZCHANICSDURQ, PA 17050
L J
Docket No.: LT-0000633-08
Date Filed: 9/26/08
CROSS COMPLAINT 001
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DEFENDANT
0 Judgment was entered for: (Name) 1rETROW, BARBARA A.
Judgment was entered against CHART-RS & PATRICIA 1[000MIR in a
® Landlord/Tenant action in the amount of $ .00 on 10/06/08 (Date of Judgment)
The amount of rent per month, as establis hed by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less • Security Deposit Appliedd = Adjudicated Amount
00
00
Rent in Arrears $
Physical Damages Leasehold Property $ = $ .
.00-$ .
.00- $ .00= $ .00
Damages/Unjust Detention $ -00 - $ _ 00- $ _ 00
Less Amt Due Defendant from Cross Complaint - $ . 00
Interest (if provided by lease) $ `oo
L/T Judgment Amount $ -00
? Attachment Prohibited/ Judgment Costs $ --AM
42 Pa.C.S. § 8127 Attorney Fees $ -00
? This case dismissed without prejudice. Total Judgment $ .00
? Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Possession granted if money judgment is no sa Is Ie by time o eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK 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 SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK 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 JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 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, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE.
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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
s a true an
U Ll•T V Date V
My commission expires first Monday of January, 2010
District
, Magisterial District
SEAL
Postal
CERTIFIED MAIL: RECEIPT
f Cr
' (Domestic Mail Only; No Insurance Coverage Provided) l
ru 1 . O =
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Q' .0 Postage $ +,
ru Postagell
?-
-0 ?- - - Certified Fee C-
(,ertified Free Postmark ---{
r-1 Return Receipt Fee Here
C3 Return Receipt Fee (Endorsement Required)
E3 (Endorsement Required) Restricted Delivery Fee
Endorsement Required)
Restricted Delivery Fee C3 (
C3 (Endorsement Requred) O
C3 M Total Postage & Fees $ Z
M $ 53`a
? Total Postage & Fees
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PROOF OF SERWCE 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 C(tM,!jorj (, ; ss
AFFIDAVIT' I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas4*- 4 j upon the District Justice designated therein on
(date of service) ( *&4&.-,204W . ? by personal service by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20? by personal service ?. y (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ta?if.?'.+6vA/. 20_()j?• Srgnatu oiafrant
1A Sion a/ avit was m
Title of official
My commission expires on 20
:OM MONWEALTH OF PENNSYLVAMA
NOTARIAL SEAL
Harold S. Irwin Iii, Es%Notary Public
Carlisle, Amibalaed Comity
uy cane?on t
GVMMONVIlb-ALTH E)F PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. .. ,.
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.
.oVY1C Vr I.rRT- rAKU. VJII. WV. V1` UJ.
Charles ;.?' Oatricj.-q 41
ncoo yr iv-rc?w?. GII JINIt LIF' (:CA7E
525:5 l~ a'Y'in ;1. ? r e?t,il wi1'1^ St$S? ,t ''?. E ,t ° 1'.,
unIE VF JUU(if "I IN THE CASE OF (PIlWOM (De/s?MaN)
October 6 r 000 aia.Y,`a.. ' 3t "1,-! t ? t r 1..._ .
ve
KET No.
This block will be signed ONLY.when this notatiWit required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appea)1 111 hen received by the District Jus**, will operate as a
SUPERSEDERS to the ht, for Onsession in 0* o8se.
If appellant was Claimant fsee Pa.
beforea Di Justice, A COMPLAINT MUST BE FILED within twenty
(20)0 Asthe NOTICE of APP q .
PRAECIPE TO ENTER RULE TO FIE CST AND RULE TO F
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.O.J. No. 1001(7) in action bafM Aistriet Justice. I
NOT USED, defach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon ' t.C tis appeH+ee(s), to file a complaint in this appeal
Name or appease(s)
(Common Pleas No. within twenty (2a) clap r of rule or suffer entry-of judgment of non pros
RULE: To -13--Ar.lo-a r a ' . P a L"oW , appellee(s) 1
Name of appeMee(s)
(1) You are notifiefi,#W 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 yp4-by, persgnal ? or by certified or regis? mail.
(2) If you 0o not fife a complaint 10111m;:this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) TheVate of service of this rule it'fseb6ce was by mail is the date of the miming. m_
Date:: f(? 2
r or ery or DOPLMy
P
YOU MUST INCI ME A CQ Y OF THE NOTICE OF JUDewmT/TR T FOIL WWTH THIS NOTICE OF APPEAL.
y
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
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
Fetrow v. McCown
No. 08 - 6180 CIVIL TERM
Complete items 1, 2, and 3. Also complete
itim 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
HON THOMAS A PLACEY
104 S SPORTING HILL RD
MECHANICSBUR PA 17050
qB O Agent
? Addressee
AVEC. Da te of Deliver
O-(7-O
D. Is delivery address different from Item-1? ? Yes
If YES, enter delivery addliss be6;'. ? No
C t 4 ^„
\? 114•
3. Service Type
ed a il ? Express Mail
t:l, tered E3 Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Exit Fee) ? Yes
2. Article Number 7008 1300 0001 6292 8032
(Transfer from service label,
t"i form 307 1, February 2004 Domestic Return Receipt
SENDER FHISSECTIO%
¦ Complete items 1, 2, and 3. Also complete A. n re
item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you. B
( Name)
fteda
¦ Attach this card to the back of the mailplece,
or front If space permits.
I D.Is add d Ih
1. Artigie 6dressed to: If YES, enter delivery addre? ,hAN
TE BA RA FETROW
63 E TRINDLE RD
CHANICSBURG PA 17055
102595-02-M-1540
? Agent
Date of Delivery
1017-vim
v ? Yes
,0'-No
3. ftvioe Type
Certified Mail ? Expres ?ApIC j
/? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 1300 0001 6292 8049
(Aansfer from service labev
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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BARBARA A. FETROW,
Plaintiff,
V.
CHARLES MCCOWAN and
PATRICIA MCCOWAN,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6180
CIVIL ACTION
MOTION TO RELEASE ESCROW FUNDS
AND NOW this 31St day of October, 2008, comes the Plaintiff, BARBARA A.
FETROW, by and through her attorneys, Irwin & McKnight, and respectfully requests that this
Court grant her Motion to Release the Escrow Funds being held in the Prothonotary's Office, and
in support thereof avers as follows:
1. Plaintiff commenced this action against Defendants on or about September 18,
2008, by filing a Landlord Tenant Complaint with District Justice Thomas A. Placey.
2. Defendants filed a counter Complaint against Plaintiff on or about September 2,
2008.
3. On or about October 6, 2008, District Judge Placey issued a Notice of Judgment
in favor of Plaintiff in the amount $6,825.50 and established the monthly rent in the amount of
$1,295.00. A true and correct copy of Notice of Judgment is attached hereto and incorporated
herein as Exhibit "A".
4. On or about October 16, 2008, Defendants filed a Notice of Appeal from District
Justice Judgment.
5. Defendants have deposited with the Cumberland County Prothonotary a portion
of the rent due under the terms of the written lease and subsequent Notice of Judgment.
6. In particular, Defendants have deposited the sum of $3,885.00, which amount
represents three (3) months of previously unpaid rental payments.
7. Defendants continue to reside at and utilize the leased premises.
8. Plaintiff seeks the release of the funds currently being held in escrow, as well as a
continuing Order of Court directing the Prothonotary to forward any future rental payments
deposited in this matter to the Plaintiff or her attorney.
9. Plaintiff's legal counsel was unable to reach legal counsel of the Defendants prior
to the filing of this Motion, but it is presumed that Defendants are not in agreement to release the
escrowed funds to Plaintiff.
10. No member of this Honorable Court has previously been involved in or issued
any prior rulings in this matter.
WHEREFORE, the Plaintiff, BARBARA A. FETROW, respectfully requests that this
Honorable Court release the funds held in the escrow account while the appeal is pending in
order to compensate Plaintiff for the Defendants use and possession of the premises, and further
direct the Prothonotary to forward any future rental payments of the Defendants deposited in this
matter to the Plaintiff or her attorney.
Respectfully Submitted,
IRWIN & McKNIGHT
By:
Douglas '. Miller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: October 31, 2008 Attorney for Plaintiff
2
EXHIBIT "A"
,tom ?
;r ,MMONWEALTH OF PENNSYLVANIA
` ;O U NTY OF: CUMBERLAND
Mag. Dist. No..
MDJName: Hon.
09-3-04
THOMAS A. PLACEY
Add,ess: 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (717 761-8230 17050
ATTORNEY FOR PLAINTIFF :
DOUGLAS G. MILLER
60 N POMFRET ST
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rFETROW, BARBARA A.
5263 E. TRINDLE ROAD
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rMCCOIIiN, CHARLES, ET AL. --I
5255 E. TRINDLE ROAD
MECHANICSBURG, PA 17050
L J
Docket No.: LT-0000633-08
Date Filed: 9/18/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) FETROW, BARBARA A.
Judgment was entered against MCCOWN, PATRICIA in a
® Landlord/Tenant action in the amount of $ 6,825.50 on 10/06/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 1.295.00.
The total amount of the Security Deposit is $ 1,295.00
Total Amount Established b MDJ Less • Security Deposit Applied =
Rent in Arrears $ 6, 75.00-$ .00=
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ 60-00-$ _00-
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
® Possession granted if money judgment
? Possession not granted.
Total Judgment
$ Adjudicated Amount
6,475.00
$ .00
$ 111110
$ -00
$ 150_00
$ 6,685_00
$ 140.50
$ _no
$ 6,825.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
-- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK 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 SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK 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 JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 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, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE.
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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
62Ce-,41
4'. . x
Date :: /X?? e?' _- - ====;-_ , Magisterial District Judge
certify that this is a true and C rrect copy o t e record o t e proc ?Adings containing the judgment
»- ? Date Magisterial District Judge
My commission m ission expires first Monday of January, 2010 • SEAL
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Harold S. Irwin, Esquire
64 South Pitt Street
Carlisle, PA 17013
Date: October 31, 2008 IRWIN & McKNIGHT
'Aau,o. kA,
Douglas Miller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
c- :a i7
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5
NOV 0 3 2008 61
BARBARA A. FETROW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-6180
CHARLES MCCOWAN and CIVIL ACTION
PATRICIA MCCOWAN,
Defendant.
RULE TO SHOW CAUSE
AND NOW, this 3 fd day of V? W , 2008, upon consideration of the
accompanying Motion to Release Escrow Funds, a rule is issued on the Defendants to show
cause why the relief requested in the within Motion should not to be granted.
This rule returnable within 10 days of this Rule.
BY THE COURT,
J.
Q/371
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BARBARA A. FETROW : IN THE COURT OF COMMON PLEAS OF
Plaintiff
V.
: NO. 2008-6380
CHARLES MCCOWN AND : CIVIL ACTION
PATRICIA MCCOWN,
Defendants.
AND NOW this 17"' day of November, 2008 comes the Defendants CHARLES AND
PATRICIA MCCOWN respectfully request that the Court deny the Motion to Release
the Escrow Funds being held in the Prothonotary's Office and in support thereof
avers as follows:
Our review on September 15 to Ken Fetrow Landlord's husband who acts as
de facto caretaker and manager for Plaintiff, citing specific problems for them to
finally resolve our continued concern that there are serious interior and exterior
property defects jeopardizing the health, safety and welfare of ourselves and our
children. Since there is no Hampden Township board of health or fire marshal to
enforce occupancy or code compliance certificates, required action was necessary to
have these problems resolved.
Current state or federal laws and regulations are being researched and
enforcements procedures and violations identified. We are currently awaiting a
ruling from Hampden Township code enforcement officer as a township property
inspection was completed on October 14, 2008 for Interior and exterior of the
property.
1
1. On October 6, 2008, District Justice Thomas A Placey Issued a Notice of
Judgment which stated the defendants claim that the property is partially
uninhabitable is justified in part based the shown photographs for ingress and
egress.
2. This Notice of Judgment is currently under our appeal Cumberland County
Court of Common Pleas. In our complaint Defendants continue to seek a
price reduction for several different periods of time for multiple areas of the
house restricted from use or blocked off, landlord disconnected electrical
usage of areas of the property, heating system is in violation of state
requirements and subject to being shut down.
3. Evidence of facts and witnesses and reports have been obtained after the
District Justice hearing and will substantiate significant items that District
Justice Placey was restricted from using because they were not presented at
the hearing but now available to substantiate additional losses of use of the
property.
4. Plaintiff still intentionally and deliberately refuses to address the serious
defects jeopardizing the property after verification of the problems have been
presented.
5. The house remains unfit and partially uninhabitable and in code violation and
regulations of at least federal and state laws.
6. Plaintiffs lack of action is now knowingly jeopardizing the health and safety of
the occupants and their children as well as potential problems for the general
public and the neighbors.
7. The Escrow funds deposited by the Defendants with the Prothonotary's Office
does not represent three months of previously unpaid rent because a large
percentage of usage of the property has been denied and rent amount due is
undetermined at this time.
2
8. Plaintiff should not be compensated for 100% usage and possession of the
premises because Defendants have been deprived of a large percentage of
usage of the property for long periods of time.
WHEREFORE, the Defendants, CHARLES AND PATRICIA MCCOWN,
respectfully request that this Honorable Court not grant the motion to release funds
held in the escrow account while the appeal is pending since the amount of past and
future rental payments is In dispute and is anticipated to have substantial reduction.
We further respectfully request the Honorable Court not to make a decision on
releasing any of these monies until there is a final judgment made by the Court
affecting the entire case, which will be made at a future date.
Respectfully Submitted,
Patricia A. McCown
Dated : November 17, 2008
em t
Charles cCown
Defendants
5255 E Trindle Rd
Mechanicsburg, Pa 17050
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BARBARA A. FETROW,
Plaintiff,
V.
CHARLES MCCOWAN and
PATRICIA MCCOWAN,
Defendants.
: NO. 2008-6180
: CIVIL ACTION
PRAECIPE FOR TERMINATION OF SUPERSEDEAS
TO CURTIS R. LONG, PROTHONOTARY:
Defendants have failed and/or refused to make required monthly rental payments either to
the Prothonotary in accordance with Pa. R.C.P.D.J. No. 1008(B), or directly to the Plaintiff.
Please terminate the supersedeas in the within action for failure of the appellant to pay monthly
rental as required by Pa. R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days.
Respectfully submitted,
IRWIN & McKNIGHT
Date: November 20, 2008
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
By: /-, / //hL-
Douglas . Miller, Esquire
Supreme Court I.D. No: 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
To: Charles McCown and Patricia McCown, Defendants/Appellants
You are hereby notified that upon confirmation of the failure of the
Defendants/Appellants to deposit the monthly rent for more than thirty (30) days, the
supersedeas is terminated.
By:
Date: A )6(j. V zn6g
PR HONG
DEPUTY
AL , - .
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Harold S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17013
Attorney for Defendants
Charles McCown
Patricia McCown
5255 East Trindle Road
Mechanicsburg, PA 17050
Date: November 20, 2008 IRWIN & McKNIGHT
; ", • Ik ?
Douglas . Miller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
7
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1
BARBARA A. FETROW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-6180
CHARLES McCOWAN and CIVIL ACTION
PATRICIA McCOWAN,
Defendants.
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, order and
notice are served, by entering a written appearance personally or by attorney and by 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.
Cumberland County Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
BARBARA A. FETROW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-6180
CHARLES McCOWAN and CIVIL ACTION
PATRICIA McCOWAN, .
Defendants.
COMPLAINT
AND NOW, this 21St day of November, 2008, comes the Plaintiff, BARBARA A.
FETROW, by and through her attorneys, Irwin & McKnight, and make the following Complaint
against the Defendants, averring as follows:
1. Plaintiff is Barbara A. Fetrow, an adult individual principally residing at 5263
East Trindle Road, Mechanicsburg, Pennsylvania 17050.
2. Plaintiff is the recorded owner of certain property known and numbered as 5255
East Trindle Road, Mechanicsburg, Pennsylvania 17050 (hereinafter the "Premises")
3. Defendants are Charles McCown and Patricia McCown, improperly identified as
Charles & Patricia McCowan in their Notice of Appeal from District Justice Judgment, both of
whom are adult individuals principally residing at the Premises.
4. Plaintiff and Defendants entered into a written lease for the Premises for a one (1)
year term commencing on or about November 1, 2002. A true and correct copy of the written
lease signed by the parties, including a one page rules addendum, is attached hereto and
incorporated herein as Exhibit "A."
5. The monthly rental amount to be paid by Defendants to Plaintiff under the terms
of the written lease agreement is $1,295.00, and for a period of at least six (6) years the Plaintiff
has never raised the monthly rental amount.
6. The Defendants have been delinquent on their rental payments on multiple
occasions during the course of the lease, but have been consistently behind in their monthly
rental payments since 2007.
7. Defendants did not make their October 2007 rental payment until it was paid by
check to the Plaintiff dated February 28, 2008.
8. Defendants only paid their November 2007 rental payment to Plaintiff by check
dated March 15, 2008, approximately four (4) months after the due date.
9. Defendants did not make their January 2008 rental payment until it was paid by
check to the Plaintiff dated May 1, 2008.
10. On or about September 9, 2008, Defendants issued three (3) additional rental
payments by check to the Plaintiff.
11. The three (3) checks issued by Defendants in September were for prior rental
payments due for May 2008 and June 2008.
12. Plaintiff subsequently served Defendants with the statutorily required Notice to
Quit, and thereafter Defendants stopped payment on the three (3) rental payment checks
referenced above.
13. A Notice to Quit was served on the Defendants on or about September 12, 2008.
14. At no time prior to the subsequent filing of a Landlord Complaint before
Magisterial District Judge Thomas A. Placey did Defendants notify Plaintiff of any broken
appliances or problems with the habitability of the premises that were not promptly investigated
and addressed by Plaintiff or her designated repair persons.
15. At no time prior to the subsequent filing of a Landlord Complaint before
Magisterial District Judge Thomas A. Placey did Defendants pay to Plaintiff any further rental
payments.
16. Nor did Defendants deposit any rental payments into an escrow account prior to
the filing of the Landlord Complaint.
17. Upon the filing of their Notice of Appeal, Defendants did pay into escrow with
the Prothonotary's Office the sum of $3,885.00, representing the amount of only three (3)
months of past due rent.
2
18. In addition to the three (3) months of rental payments paid upon the filing of the
Notice of Appeal, the Defendants also owe Plaintiff four (4) additional monthly rental payments
through November 2008.
19. Defendants continue to reside in and utilize the Premises for which they have
stopped paying rent, and now owe Plaintiff total rents in the amount of $9,065.00.
20. Paragraph five (5) of the attached Lease also provides that Defendants are
responsible for $20.00 fees for any check issued to Plaintiff that is returned without payment by
the bank for any reason whatsoever.
21. Paragraph five (5) further states that Plaintiff may evict Defendants for checks
that do not clear even if the checks and fees are subsequently paid at a later date.
22. Paragraph four (4) of the attached Lease also provides that Defendants are
responsible for minimum late fees in the amount of $30.00, for any payments made after the
third day of each month.
23. Under paragraph eleven (11), the Defendants are also responsible to pay the court
fees and attorney costs of the Plaintiff if they do not pay their rent or follow the terms of the
Lease Agreement.
24. Defendants have not moved from the Premises and have not continued to timely
pay their monthly rent, either to the Prothonotary or directly to the Plaintiff.
25. Despite their continued occupancy and use of the Premises, Defendants have
failed and refused to make the necessary rental payments to Plaintiff.
WHEREFORE, the Plaintiff, Barbara A. Fetrow, respectfully request that this
Honorable Court enter judgment against Defendants and in favor of Plaintiff for possession of
the premises, plus the monthly rent unpaid by the Defendants, late charges, attorney fees, filing
and court costs and any other expenses which may become due and payable between the filing of
3
this Complaint and trial thereon, together with all such other and further relief as this Honorable
Court deems fair and just.
Respectfully Submitted,
IRWIN & McKNIGHT
AAl ` r
1 ,,
By. I A
Douglas Miller, Esquire
Supreme Tourt ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: November 21, 2008 Attorney for Plaintiff
4
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
-2ar6 n,? 6(, 'Fe 4-o tt)
BARBARA A. FETROW
Date: November 21, 2008
EXHIBIT "A"
LEASE AGREEMENT
PLEASE READ THE ENTIRE LEASE BEFORE SIGNING. IF YOU DO NOT
UNDERSTAND ANY PART OF THE LEASE, YOU MAY WANT TO CONTACT
AN ATTORNEY TO HAVE THE LEASE EXPLAINED TO YOU. IF YOU
CHOOSE TO SIGN THE LEASE YOU ARE SAYING THAT YOU
UNDERSTAND, AND AGREE TO, WHAT IT SAYS.
This lease starts on the day of o V eYt bt ?' z ?? Z-
This lease ends on the 31 day of b r 0 3
is the Landlororoperty owner
.A?
??Gl ar If s a v d Pao i C/ Q W rl are the Tenants.
1.)PROPERTY ADDRESS: The Landlord agrees to lease to th Tenant the
house/apartment located at: ?Z 55 ?!i`A d (,Q acl ,
2.)LENGTH OF LEASE: The lease shall be for a time period of
d1P w
3. SEC PO IT: Tenant agrees to pay a security de
when this lease is si d. Landlord shall hold the rty deposit for the time limit of
the lease and shall follow a guidelines o Pennsylvania Landlord Tenant Act of
1951 as amended. The security osi ill be held and used only for damages done to
the house/apartment/yard area by a enant or any guests, friends or family of the
Tenant. If the lease ends and re are no ges to the house/apartment/yard area but
there is rent that has not n paid to the Land the security deposit will be used to
pay all or part of that oust due. Landlord will se the security deposit, minus any
amount paid for d ges or rent owed, to the Tenant wit ' 30 days of the end of the
lease. The Te t must give the Landlord his new address iling the security
deposit wit ' 30 days of the, lease ending or the Landlord does not v return it to the
Tenant. Q G ??
Tenant initials Landlord/Landlord's ent initials
(2) p J
4.) NT: Tenant agrees to pay to Landlord each month for rent. The
total amount of rent due for the length of this lease is /.S SOU • p°
The rent is to be mailed to the address listed below:
y?
Rental payments will not be taken in person or in any other way than by mailin to the
Post Office Box listed above. The rent is to be sent so that it reaches the P.O. Box no
later than the third (3`d) of each month as is shown by the postmark date stamped by the
!f Post Office. If the rent is not RECEIVED ON OR BEFORE THE FIRST DAY OF ANY
SUCH MONTH in which the rent is due, the Tenant will pay a late charge, the minimum
of which shall be thirty ($30.00) dollars and an additional ten ($10.00) do
every day that the rent is over u i day of such month. A late charge is
imposed because additional bookkeeping and monitoring is required when the rent is n
'?\¦?
received on time. --
5.)NSF. CHECKS: In addition, any check issued to the Landlord for payments due
under the lease, which is returned without payment by the bank for any reason
whatsoever, shall not be deemed to have been made on the day the Landlord received
such check and the late payment provisions of this paragraph will apply until the Tenant
has made the required payment. There will also be a $20.00 fee in addition to the above
noted charges. Failure to respond to a tardy payment that is not accompanied by the late
charges set forth herein shall be a breach of the lease and may result in Tenant being
evicted from the house/apartment/lot. Landlord may evict Tenant even if the Tenant pays
the amount of the bad check and late char s at a later date.
6. I NDING OF THE LEASE E?Y: Tenant y end this lease without
mg any reason as long as s' da written notice is given to the Landlord if
Tenant wants to move,, or . 'Tenant agrees to
pay any rent due up to the date of moving phi ? n - &*Ves
7. USE OF THE HOUSE/APARTMENT/YARD AREA: Tenant agrees to use the
h se/apartment yard area as a personal home for the following people only:
6?s / e_Cowl
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wa _, DW A
Tenants initia */ & Landlord/Landlord's agent initials'
(3)
Tenant agrees that he will not do any act, or permit any family, friends or visitors to do
any act, that may injure or damage the house/apartment/yard area, or any act that would
affect the Landlord's insurance of the house/apartment. Tenant, or any family, friends, or
visitors of Tenant, agree to comply with all parts of Local, County and Pennsylvania
State codes, regulations, ordinances and statutes.
8.) UTILITIES: Tenant understands that the cost of utilities to serve the
house/apartment shall be paid as is shown below. If the letter "T" is circled, Tenant must
pay that utility. If the letter "L" is circled, the Landlord must pay that utility.
Heating:
Heating of water:
Electricity:
Gas:
Water:
Sewer:._,
Trash removal:
Lawn care:
Snow removal:
L
L
L ?T)
L T N A-
L
L /d
Tenant agrees to allow Landlord to stop any utility service, whether it is paid for by the
Tenant or the Landlord, in the event of a problem or emergency so that repairs can be
made. Landlord will not be responsible for failure to supply any utility service to Tenant
if the reason is beyond Landlords control. Tenant will not get his rent reduced if that
happens. Landlord will pay for all costs of repairs due to normal wear and tear of the
house/apartment. Any costs which are directly caused by Tenant such as clogged drain
lines/sewer lines, broken windows, broken door or other abuses to the house/apartment
will be paid for -by Tenant. Tenant will be responsible for making sure outside hose
fixtures are properly detached prior to freezing temperatures. If there are dainages
resulting from Tenant not detaching hoses during freezing temperatures, Tenant will be
responsible for all costs for repairs.
9.)FIRE, WATER, NAURAL DISASTER DAMAGE: If the house/apartment is
damaged by fire, water or any natural disaster and the house/apartment can not be lived in
due to the damage, Landlord agrees to repair the damage as fast as conditions allow. If
the house/apartment is not livable, the Tenant/Landlord lease will end on the day the
house/apartment becomes unable to be lived in. Landlord will allow Tenant to continue
renting the house/apartment after repairs have been done for the balance of the lease.
Tenant must notify the Landlord in writing within 15 days of the house/apartment
becoming unlivable as to whether Tenant will be returning to the property to continue the
lease after the necessary repairs are complete. If tenant does not notify Landlord in
Tenants initia ?/ 10) Landlord/Landlord's agent initials/\5/
1.
(4)
writing within 15 days, Landlord will assume that Tenant will not be returning after
repairs are done.
10-)INSPECTIONS: The Landlord, or any person approved by Landlord, can come into
the house/apartment at reasonable times to make any repairs, to inspect the
house/apartment, or to enforce the lease. Landlord must give Tenant 24 hours notice
before showing the house/apartment to any new Tenants or Buyers
11.)LANDLORDS OPTIONS: If Tenant does any of the following:
1)Not pay rent.
2)Take his belongings out of the house/apartment before paying Landlord
any rent due.
3)Not follow any other part of this lease.
Landlord may:
1)File a lawsuit to get possession of the house/apartment.
2)File a lawsuit to get any rent or other charges up to the end of the lease.
3)File a lawsuit to collect from Tenant fees to pay court costs and
attorney costs.
12.)NOTICE REQUIRED FOR EVICTION: If Landlord chooses to evict Tenant
because of non-payment of rent, or because Tenant has not complied with any other part
of this lease, Tenant agrees to waive his right to three (3) months notice and/or 15 or 30
days notice as is required by the Landlord Tenant Act of 1951 P.L. 69 No 20 as amended,
and Tenant agrees to five (5) days notice rather than 90 days, 30 days or 15 days.
13.) SUB LEASE: Tenant cannot let anyone else take over his lease of the
house/apartment.
Witness a e Te nt Date
z ? ? aQ ?3
Witness ate Tenant Date
BC?'?'?Cc'l'C? - C? //,,
Witne ate Landlord Date
Witness Date Landlord's Agent Date
RULES AND REGULATIONS PAGE 1
The following rules and regulations are p of the lease tw en
Landlord, and / 0-_ C
Tenant;. The pr pert being rented ip 5S
Tenant understands that i ,fie, or any member of his family, or any guests of Tenant do
not follow the rules and regulations listed below, Landlord will begin eviction
proceedings to have Tenant removed from the leased house/apartment.
1) There shall be no loud noise or other activities that will disturb neighbors or other
Tenants at any time.
2) No pets of any kind are allowed in the house/apartment or anywhere on the yard area
unless listed and agreed to below:- A / [
If a pet is permitted, a separate security deposit may be required. Landlord reserves the
right to have Tenant remove any pet from the leased house/apartment if Landlord has
decided that the pet has, or might cause, problems. Tenant further agrees to keep the yard
area free of pet excrement if a pet is permitted.
3) Common hallways of apartments will not be used for bikes,, mowers, toys or any other
items. Hallways will be kept clear at all times. Tenant agrees to keep common areas
clean and mud/dirt etc. free.
4) Washing cars, filling swimming pools of any size, or watering yards is pot_411pw_ ed.
5) Tenant is not allowed to change any locks, or add additional locks, in the
house/apartment without the written approval of Landlord. Tenant agrees tQ give
Landlord a copy of any keys immediately if locks are changed.
6) Tenant can not put diapers, grease, oil, rags, paper towels, ashes, tampons, sanitary
napkins or other similar items into the sewer or septic system through flushing these
items down the toilet or dumping them down any sink or tub. If Landlord finds that
Tenant has done any of the above, Tenant will have to pay for any repairs caused by his
actions.
7) Tenant agrees to have the carpets shampooed or steam cleaned at the end of the lease
or before Tenant moves from the house/apartment.
Tenant initialer) -?--L Landlord/Landlord's agent initials
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Harold S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, PA 17013
Attorney for Defendants
Charles McCown
Patricia McCown
5255 East Trindle Road
Mechanicsburg, PA 17050
Date: November 21, 2008 IRWIN & McKNIGHT
t
Douglas . Miller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
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CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY 1827
ESCROW ACCOUNT
CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
60-1503/313 .
DATE Zoo
PAY TOTHE .. ..
ORDER OF Barbara A. Fetrow I $ - _ 3 , 885.00
PROTHONOTARY 1G7 ' VOb DOLLARS
NK
08-6180 "Released Rent" - Fetrow vs McG
11000 18 2 Wo - 40 3 13 1.50 3 6
108 1111 1u'
I
PYS511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2008-06180 FETROW BARBARA A (vs) MCCOWAN CHARLES ET AL
Reference No... Filed......... 10/16/2008
Case Type ..... . APPEAL - DJ Time. ... 12.10
Judgment......: .00 Execution Date 0/00/0000
Judge Assigned: Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt L.:
Higher Crt 2'.:
General Index Attorney Info,
FETROW BARBARA A PLAINTIFF
5263 E TRINDLE ROAD
MECHANICSBURG PA 17050
MCCOWN CHARLES DEFENDANT IRWIN HAROLD S III
5255 E TRINDLE ROAD
MECHANICSBURG PA 17050
MCCOWN PATRICIA DEFENDANT IRWIN HAROLD S ;II
5255 E TRINDLE ROAD
MECHANICSBURG PA 17050
* Date Entries
FIRST ENTRY -
10/16/2008 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY HAROLD'IS IRWIN III
ESQ FOR DEFTS
-------------------------------------------------------------------
10/16/2008 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
------------------------------ {-------------
10/16/2008 RENT PAID $3,885.00 BY ATTY
----------------------------------------------------- -------------
10/20/2008 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
BY HAROLD S IRWIN III ATTY FOR DEFTS
-----------------------------------------------------t--------------
10/23/2008 RETURN OF SERVICE
10/31/2008 MOTION FOR RELEASE OF ESCROW FUNDS - BY DOUGLAS G MILLER ATTY FOR
-----------------------------------------------------
PLFF
11/04/2008 RULE TO SHOW CAUSE - 11/3/08 IN RE: MOTION TO RELEASE{
-------------------------------------------------------------------
E ESCROW FUNDS
A RULE IS ISSUED ON T H DEFTS TO SHOW CAUSE WHY THE RELIEF
REQUESTED IN THE WITHIN MOTION SHOULD NOT TO BE GRANTED - THIS
RULE RETURNABLE WITHIN 20 DAYS OF THIS RULE - BY M L BERT JR J -
COPIES MAILED 11/4/08
----------------------------------------------------- -----------
11/17/2008 RESPONSE TO MOTION TO RELEASE ESCROW FUNDS - BY PATRI?IA A MCCOWN
AND CHARLES MCCOWN DEFTS
-----------------------------------------------------+-------------
11/20/2008 PRAECIPE FOR TERMINATION OF SUPERSEDEAS - BY DOUGLAS MILLER ATTY
FOR PLFF
***SUPERSEDEAS IS TERMINATED 11/20/08 - BY CURTIS R
LONG/PROTHONOTARY ***
---------------------------------------------- ±-------------
11/21/2008 COMPLAINT - BY DOUGLAS G MILLER ATTY FOR PLFF
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
* Escrow Information
* Fees & Debits Beq Bal P*ymts/Add End Bal
APPEAL D.J. 55.00 55.00 .00
TAX ON APPEAL .25 .25 .00
SETTLEMENT 8.00 8.00 .00
TOMATION FEE 5.00 5.00 .00
CP F 10.00 10.00 .00
RENT 3885.00 3885.00 .00
------------------- ------------
3963.25 3963.25 .00
112056--2192008 Cumberland County Prothonotary's Office Par 1
PYS405 Manual Release Check Register 12/19/2008
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------------------------------------------------------------
3946 FETROW BARBARA A Check Date: 12/19/2008 Check No.: 1827
RENT 2008- 06180 PYMT/CHECK 3885.00 10/16/2008
Payee total: 3885.00
--------------------------------------------------------------------------------
Grand total: 3,885.00
BARBARA A. FETROW IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHARLES MCCOWN AND
PATRICIA MCCOWN,
DEFENDANTS NO. 08-6180 CIVIL
ORDER OF COURT
AND NOW, this 17th day of December, 2008, upon consideration of the
Plaintiff's Motion to Release Escrow Funds and the Defendants Pro Se response
thereto,
IT IS HEREBY ORDERED AND DIRECTED that pursuant to Magisterial
District Judge's Rule 1008, the Plaintiff's Motion is GRANTED. The escrow
.I
funds currently held by the Prothonotary shall be forwarded to the Plaintiff.
By the Court,
M. L. Ebert, Jr., J.
, uglas G. Miller, Esquire
Attorney for Plaintiff Xarles McCown
Patricia McCown
5255 East Trindle Road
Mechanicsburg, PA 17050
Prothonotary's Office
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