Loading...
HomeMy WebLinkAbout09-6024.%. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of COMMON PLEAS No. O 9 (7 O p? / CN, I 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. AUiD SE?Pt I v ,.3 _O I NAP.ou) E. 6EA3pER AUUPCrbb tJF AYYCLLAN 1 51AI [ 47 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT r 17-000 KLLmia-cm 'M /n SEA PtI-.-_ -r- ooooao- 09 This block will be signed ONLY when this notation is required under P R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as SUPERSEDEAS to the judgment for possession in this case. was Claimant (see 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 R1 CkA'Oxc D k,l lI`I1&C m A, A3 appellee(s), to file a complaint in this appeal Name c" A.#.(.) (Common Pleas No. o g- OI) within twenty (20) days after ice or 7r entry of judgment of non pros. e Siginarere of appellant or ath>,ney or agent RULE: To +'7 ?ICA? W ?1?1-E-??1?? • appal Name of appetlee(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) N 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. r Date: S A9 20 0 / / J?e ycx--y ewe of e>/DepeRy I 1A 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 A-- 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, 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 affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 N O C=i ` ` Cn , .. r ' ?? > 1 r7 rv ?' W e ? CJ? L; C 1 ,! I OMMONWEALTH OF PENNSYLVANIA J.; y c 1 *'rUNTY OF_ CUlL?S8I, 1D ! PLAINTIFF: NOTICE OF JUD.GMENT/TRANSCRIPT Map Dist,No.: RESIDENTIAL LEASE NAME and ADDRESS 09-3-01 rXUNKLaK, R=cHIIuD' -? MDJName: Non. 140 WEST ORANGE ST HAROLD X. BENDER SHIPPENSBURG, PA 17257 Address: 3 5 N ORANGE ST SHIPPENSBURG, PA L _I DEFENDANT: VS. Telephone: (717) 532-7676 17257-0361 rSEIPLE, DAVID NAME and ADDRESS 1 138 W.ORANGE ST SHIPPENSBURG, PA 17257 DAVID S$IPLE L J 138 W.ORANGE ST Docket No.: LT-0000208-09 SHIPPENSBURG, PA 17257 Date Filed: 7/29/09 - - "'HIS IS TO NOTIFY YOU THAT: Judgment: FOR PL•,TNTIFF Judgment was entered for: (Name) Xu= ,zKAN RICHARD Judgment was entered against - SEIPLE, DAVID Landlord/Tenant action in the amount of $ 5, 627.86 on 8/11109 in a The amount of rent per month, as established by the Magisterial District Judge, is $ (Date Judgment) :the total amount of the Securit Deposit is $ 500.00 Total Amount Established b MDJ Less • Security Deposit AppliOed_- Adjudicated Amount Rent in Arrears $ 577.36 -$ 0 $ 5 477.36 Physical Damages Leasehold Property $ 00 - .00_ $ It Damages/Unjust Detention - $ ' e _ $ Attachment Prohibited/ 42 Pa.C.S. § 8127 o eo oe Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ e0 LIT Judgment Amount $ _ 5 ? =77-715 Judgment Costs $ i o U Attorney Fees $ 00 This case dismissed without prejudice. Total Judgment Possession granted. $_ 5,627.86 Possession 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 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 0 -- THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN O"'-tDER 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 3( 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 JUDGMENWTRANSCRIPT 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 01: 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 CF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date .5,? , Magisterial District Judge T cZR y t at 7t is is a true an correct copy o the recor o l Re proceedings containing the Judgment Date , Magisterial District Judge M commission expires first Monday of January, 2012 ACKC 31V08 SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KUNKLEMAN, CIVIL ACTION AT LAW Plaintiff vi. V f L0 d/ C l?? DAVID SEIPLE, Defendant MOTION FOR LEAVE TO FILE LANDLORD/TENANT APPEAL MORE THAN 10 DAYS AFTER DATE OF ENTRY OF JUDGMENT, TO ENTER SUPERCEDEAS AND TO VACATE ORDER FOR POSSESSION Defendant, David Seiple, by and through his attorney, Sheri D. Coover, Esquire moves this Court for Leave to file his Notice of Appeal from an adverse Magisterial District Judge Notice of Judgment beyond 10 days from the date of the entry of such judgment, to enter supercedeas and to vacate the Order of Possession entered in this matter and in support of such motion states as follows: 1. Defendant David Seiple has been a tenant of Plaintiff Richard Kunkleman for four years. 2. Plaintiff filed a Landlord and Tenant Complaint against the Defendant with MDJ Harold Bender seeking possession of the rental property located at 138 W. Orange Street, Shippensburg and unpaid rent of $500.00 per month. 3. Defendant attended the hearing before MDJ Bender which was held on August 11, 2009 pro se and failed to mention serious problems with the property, including the fact that a wall is falling in the shower because he was not aware that it was appropriate to mention deficiencies in his rental property. 4. Due to his inability to properly represent himself, Defendant also failed to mention at the MDJ hearing that he questions the amount that is charged to him for the water bill as there is no meter on the property which measures the use of water by his apartment. 5. Additionally, Defendant failed to bring up that there is a problem with the front door of the property only having one hinge on it causing the Defendant and his family to have to use the back door to exit as well as enter. 6. Upon information and belief, Plaintiff is aware of the problem with the wall in the shower and the problem with the front screen door, but has failed to make the proper repairs to these items. 7. On August 11, 2009, MDJ Bender entered judgment for possession in favor of Plaintiff and against Defendant. 8. Defendant has serious medical conditions for which he is currently receiving treatment and services from the Helens Stevens Center, Dr. Mowenowski and Dr. Knaub. 9. Defendant has to receive epidural shots to ease the constant extreme pain in his back and legs. 10. Defendant has surgery scheduled for later this month and will be facing additional surgeries after that. 11. Defendant has only an eighth grade education and has limited ability to read and write. 12. Defendant was not able to read and interpret the Notice that was provided on the Notice of Possession which was served upon him that explained his appeal rights. 9. Defendant was under the mistaken belief that he had until September 8, 2009 to appeal the Order of Possession that was issued by the Judge. 10. A church approached the Plaintiff and offered to satisfy the judgment on behalf of the Defendant, but the Plaintiff refused to accept the payment. 11. Defendant has contacted the Office of Aging who has told the Defendant that he may be eligible to receive assistance from their office, for which he is currently applying, but the assistance would not be available until September 8, 2009. 12. Defendant has also committed to sell personal property belonging to himself to satisfy the amount of the judgment. 13. Defendant is making every attempt possible to resolve this matter as quickly as he can. 14. Defendant, his common law wife and fifteen-year-old daughter will suffer severe hardship if he is not permitted to appeal the MDJ judgment for possession and will become homeless as they are unable to relocate by the planned lockout date of September 8, 2009. 15. Defendant's daughter has recently obtained a job close to the residence and would not be able to commence employment if the Defendant and his family are evicted from their home. 16. Defendant's wife has been offered additional employment by her employer, which funds the Defendant and his family is planning to put towards the payment of the due rent. 17. Defendant is intending to return to work as soon as he is released from doctor's care, but is facing several surgeries before this will be possible. 18. Rule 1002(B) of the Magisterial District Judge Rules of Procedure provide that the filing of an appeal beyond 10 days from the date of entry of the judgment requires leave of Court upon good cause shown. 19. Defendant has good cause for not filing the Notice of Appeal within the 10 day period after entry of judgment as indicated above. 20. Defendant has funds with which to comply with the applicable provisions of MDJ Rule 1008(B) in order to post supersedeas bond. WHEREFORE, Defendant moves this Honorable Court to enter an Order directing the Prothonotary to accept for filing, Defendant's Notice of Appeal; authorize supersedeas to be entered with the ongoing obligation to pay future rent to the Prothonotary as provided in MDJ RCP No. 1008(B) and to vacate the Order for Possession filed in this matter and stay the lockout scheduled for September 8, 2009. submitted, Sh D`Coover, Esquire Aftomey ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD KUNKLEMAN, Plaintiff V. DAVID SEIPLE, Defendant CIVIL ACTION AT LAW VERIFICATION I, David Seiple, verify the information contained in the foregoing Motion is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties contained in 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. 9-3-2009 .11 1 aa:t""e2 _0 - Date David Seiple COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUARStLAW Mag. Dist. No.. 09-3-01 MDJ Name: Hon. HAROLD R. BzwgR Address: 35 N ORANox ST SHIPPENSBURO,, PA Telephone: (717 ) 532-7676 17257-0361 y ?c?pcj Filing Costs $ 1d9'6-2) Postage $ Service Costs $ ?- Constable Ed.$$ Total Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. I U I rit utft:NUANT: The above named plaintiff asks judgment together with costs against you for the possession of real property and for: amages for the unjust detention of the real property in the amount of $ ?` Rent remaining due g e and unpaid on flung date in the amount of $ F-] And additional rent remainina due and unpaid on hearinn date F-I $ Attorney fees in the amount of $ - THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ _ 1. The location and the address, if any, of the real property is: 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you cl-i-- 4. dNotice to quit was given in accordance with law, or o notice is required under the terms of the lease. 5. The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: LANDLORD AND PLAINTIFF: TENANT COMPLAINT NAME and ADDRESS DEFENDANT: vs. NAME and ADDRESS 6:r4N, e, 31- , r/-, 1>lrp?'?.?vS f 12, 1 s`7 Docket No.: 47 T d f G',O Hate Filed: ot9??' Lease is Residential [--]Nonresidential. Damages for injury to the real property, to wit: in the amount of: $ FIRent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) rela ' to uns m falsification to authorities. (Signature of ainti (Plaintiff's Attorney) (Address) Phone) IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you Intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you A judgment against you for possession may result In your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and Its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to Drovide transoortation_ COMMONWEALTH OF PENNSYLVANIA Cot INTY nP CMSERLARD Mag. Dist. No.: MDJ Name: Hon. '09-3-01 HAROLD Z. BENDER Address: 35 Iii ORANGE ST SHIPPENSBORG, PA Telephone: (717 ) 532-7676 17257-0361 DAVID SEIPLE L J 138 W.ORANGE ST Docket No.: LT-0000208-09 SHIPPENSBURG, PA 17254 Date Filed: 7/29/09 THIS IS TO NOTIFY YOU THAT: - Judgment: - FAR NTTFF s ® Judgment was entered for: (Name) - RpMr,ZKAN, RICHARD Judgment was entered against SEIPLE, DAVID in a 0 Landlord/Tenant action in the amount of $ 5.627.86 on 8111109 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 500.00. The total amount of the Security Deposit is $ 500.00 Total Amount Establishes-' VD J Less Security Deposit Appliie? Rent in Arrears $ 57.3_$ u Physical Damages Leasehold Property $_ .00- $ 00= Damages/Unjust Detention $ no - $ _ ? Attachment Prohibited/ 42 Pa.C.S. § 8127 ? This case dismissed without prejudice. ? Possession granted. a Possession granted if money judgment 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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 CF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date AaAlt_v s" ?- , Ma isterial District Judge certify that M is is a true an correct copy o Me recor o Fe proceedings containing the judgment. Date , Magisterial District Judge _00 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Arrcunt Judgment Costs Attorney Fees Total Judgment NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS riUN1IiiZKAN, RICHARD 140 VZOT ORANGE ST SHIPPENSBURG, PA 17257 L DEFENDANT: FBEIPLE, DAVI 138 N.ORANGE SHIPPENSBORG, Post Judgment Credits Post Judgment Costs Certified Judgment Total J VS. NAME and ADDRESS D -l ST PA 17257 Adjudicated Amount $ 5,477.36 .00 _nn $ _00 $ on $ .?7 $ _0n $_ 5,627.86 My commission expires first Monday of January, 2012. SEAL AO C 315A-08 S COMMONWEALTH OF PENNSYLVANIA rtnl wTv nr:• CUXBERLA= Mag. Dist. No.: MDJ Name: Han. 09-3-01 HAROLD E. BENDER Address: 3 5 N ORANGE ST SHIPPENSBDRG, PA Telephone: (717 ) 532-7676 17257-0361 SERVER : MICHAEL H. YOUNG 3574 RITNER MM NEWILLE, PA 17241=9120 Judgment Amount $ 5,477.36 Costs in Original LT Proceeding $ 150.50 Costs in this Proceeding $ .00 Attorney Fees $ .06 Total $ 5,627.86 Address if any: Requests that you issue an ORDER FOR POSSESSION or such property. , ; Date: Plaintiff: (Signature on File) '.- ORDER FOR POSSESSION, PLAINTIFF RETURN AND NOTICE NAME and ADDRESS r?DDEL?[AN, RICHARD Y, -1 140 MOT ORANGE ST SHIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS rSSIPLE, DAVID 138 N.ORANGE ST SEIPPZNSBURG, PA 17257 L J Docket No.: LT-0000206-09 Date Filed: 7/29/4)9 ' • Time Filed: 9 : 53A1[ - ` Y -? Date Order Filed: 8/24/09 TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgment for possession of real property located at: To: MICHAEL H YOUNG - - - • --- -- - (Sheriff or Certified Constable) You are hereby directed to deliver actual possession to plaintiff, or his agent, of real property located at (Give !ocation and/or address): Date: Time: , } ti Date: Time: ;' r Magisterial District JudgE Sheriff or Certified Constable N Defendant (Name): Adult person in charge (Name): Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of service): at (Location and Address): ? Since none of the above found, served by posting a copy of the complaint conspicuously on the premises at (Date): (Time): ? Order satisfied by payment of rent in arrears and costs ? Premises vacated without forcible entry and ejectment Amount Paid $ $ Distribution To To To To To To ? Forcible entry and ejectment (Date): (Time): ? Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent in arrears and costs. Expenses and fees of sheriff or certified constable $ (Signature of Sheriff or Certified Constable) i (Print Name and Title) NOTICE TO DEFENDANT TO VACATE If you, and all the occupants of this properly not u orized by the ow r to be present thereon do not vacate this property within ten (10) days after the (date of service) day of the law authorizes me to use, and I must use, such force as may be necessary to enter upon this pr !y the breaking In of any door or otherwise, and to eject you and all unauthorized occupants. If necessary, eviction will commence on after 12:01 AM. At any time before actual delivery of the real properly is made jn execution of the Order for Possession, the defendant may, in a case for the re- covery of possession solely because of failure to pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in arrears and the cost of the proceedings. Complete if judgment of possession is based solely on failure to pay rent. Rent in Arrears $ Costs $ AOPC 3118-08 fit, FT;' ?rPy "S ?;F' RICHARD KUNKLEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID SEIPLE, DEFENDANT NO. 09-6024 CIVIL ORDER OF COURT AND NOW, this 15th day of September, 2009, upon consideration of Motion for Leave to File Landlord/Tenant Appeal more than 10 Days After Date of Entry of Judgment, to Enter Supersedeas and to Vacate Order for Possession, the Court noting that the Defendant has not alleged any breakdown of, or fraudulent activity in the Court system, and that the Motion raises only issues of hardship to the Defendant as a result of entry of the judgment, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion is DENIED. / Richard Kunkleman, Plaintiff 140 West Orange Street Shippensburg, PA 17257 Sheri D. Coover, Esquire Attorney for Defendant bas eo ~~ ,~~.~L~C, 4~i s~oq ~,~ By the Court, '' 1 M. L. Ebert, Jr., J. ~y ~y {y-l~i~~t,: ~ t~iVL ~p~v 2Q09 S~~ d 5 ~~~ 11= 3 u Cl,1i~~~~-_, ~~i~~' r~ C~k,4 A' i