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HomeMy WebLinkAbout09-6493bM~EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 c/ - NOTICE OF APPEAL r; led o :?ep1<. -W, aabp 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. HA R J POPER ?R I N - a O l I PgV,t_A p. C,OZ2EAL- ADDRESS OF APPELLWT CRY STATE ZIP CODK DA OF JUDGMENT IN THE CASE OF (Pb W1) (D?Miderq' i a/;Rwq "A POPE,. Se V e- r- C)CICF Al S not n-1 . DOCKET No. SrP ATURE ORNEYOR?R??AGENT CN -0000)y0-0q (.CC,W__A- This block will be signed ONLY when this notation is required under/Pa. I If pppWant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate SUPERSEDEAS to the judgment for possession in this case. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. St-V- orPraU--Wy -D@p* 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 appellee(s), to file a complaint in this appeal Name of appepe S) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. sow- orappenantorBflO W-Sgwv RULE: To , appellee(s) Name of appomws) (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 S0wtm of Proftxw1w a Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE 0? -W 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 olficiat before whom affidavit was made TWO of official My commission expires on 20 n c- M.rT 4) r t R Signature ofalFiant 0 c= -r1 rnn AM N -j9 CO 0m 36 COMMONWEALTH OF PENNSYLVANIA sr-r-o+mTvnp- CWMERLlIND Maq. Dist. No.: 09-2-01 MDJ Name: Han. PAVLA P. CORRBAL Add-: 2260 SPRI]1 Q RD OWTE #3 CARLISLE, PA TeiepNm-. (717) 218-5250 17013-0000 BARRY POPER OR 1917 RESERVOIR DRIVE CARLISL$, PA 17013-1053 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRIP CIVIL CASE PLAINTIFF: NAME and ADDRESS rpoPER slit, BARRY 1917 RESERVOIR DRIVE CARLISLE, PA 17013-1053 L VS. DEFENDANT: NAME and ADDRESS FROCKERONTTH, JOHN 270 MORA= ROAD MWVILLB, PA 17241 L Docket No.: CV-0000140-09 Date Filed: 7/15/09- (Date of Judgment) POPER OR, BARRY - /01,/ 69. ® Judgment was entered against: (Name) ROCIMSMITH, JOMf in the amount of $ 128.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 $ $ 3.54 $ 124. $ 0*0 $ - Total Post Judgment Credits Post Judgment Costs -A $ 128.04 S S 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 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 C A 01 -- , Magisterial District Judge I certify that this is a true and c py ofrtr the proceedi s containing the judgment. Date , Magisterial District Judge C?/?/ 0 'fl- A, - P My commission expires first Monday of January, 2012 SEAL AOPC 315-07 n o C Ch .T-?; ? rTt ? N PROOF OF SERVIC OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED THIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTrOF PENNSYLVANIA COUNTY OF (11 t ,r,r,?7ai-In C-4 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ld a copy of the Notice of (date of service) 0 ( sender's receipt attach 0a a sender's receipt attach (SWORN) O`FFIRMED) AN THIS. JS DAY OF Signature of official before whom was made peal, Common Pleas 0 / Z#f 3; upon the District Justice designated therein on C' '20 () , ? by personal service EJ?by (certified) (registered) mail, hereto, and upon the appellee, (name) hn ?OCx? nj'}-h , on 20? ? by personal service ? by (certified) (registered) mail, hereto. BEFORE ME 20 ?r. Title of ofricia7 / My commission expires on ?? ' 20 (C? COMMONWEALTH OFt PENNSYLVANIA Signature ofafriant NOTARIAL EAL LVALVl ;T' F(°;?,rLL Notary Public rlisle Bcr - um rland County ommission Expire October 9, 2010 Air HARRY S. PAPER, SR., Plaintiff V. JOHN HOCKENSMITH NOTICE YOU HAVE BEE set forth in the following Complaint and Notice are attorney and filing in writ forth against you. You ar you and a judgment may 1 any money claimed in the Plaintiff. You may lose n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 6 Yf 3 V SUED IN COURT. If you wish to defend against the claims rages, you must take action within twenty (20) days after this served, by entering a written appearance personally or by ng with the court your defenses or objections to the claims set warned that if you fail to do so, the case may proceed without e entered against you by the court without further notice for Complaint or for any other claim or relief requested by the oney or property or other rights important to you. YOU SHOULD TAKE HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA R, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT i HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVI ES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. erland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 HARRY S. POPER, SR., Plaintiff JOHN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - 4.oy93 Defendant COMPLAINT 1. Plaintiff is Harry Poper, Sr. an adult individual currently residing at 1917 Reservoir Drive, Carlisle, Pennsylvania. 2. Defendant is John Hockensmith, an adult individual currently residing at 270 Mohawk Road, Ne lle, Pennsylvania. 3. On or aro d the spring of 2007, Plaintiff and Defendant entered into a written residential lease a greement whereby the Plaintiff agreed to rent the premises at 295 Mohawk Road, Carlis le from the Defendant. (A copy of the lease is not attached to this pleading as the Plainti does not have a copy in his possession.) 4. Pursuant to the terms of the lease agreement, the Plaintiff provided the Defendant with a security d eposit of $660.00 at that time. 5. On or aro d January of 2009, Plaintiff sent the Defendant a thirty-day notice of his intention to terminate their lease agreement on the last day of February 2009. 6. On or around February 23, 2009, Plaintiff invited the Defendant to the leasehold premises for the purpose of allowing him to inspect the property as the Plaintiff had already moved all of his belongings from the property, and since there were six days j?: left on the lease, the Plaintiff would have an opportunity to fix any deficiencies identified by the Defendant. 7. Defendant came to the Plaintiffs property on February 23, 2009 and completely inspected th? residence at 270 Mohawk Road and did not identify any problems to the Plaintiff. 8. The Pl4ff took the Defendant's failure to mention any problems with the property as a sign from the Defendant that there were no additional repairs that the Plaintiff needed to make t? the property. 9. On or around February 23, 2009, Plaintiff returned his keys to the residence to the Defendant and mentioned to him at that time about the electricity which was being provided by Ad?ms Electric Company. 10. On or arour?d March 1, 2009, Plaintiff returned the keys to the residence to the Defendant. 11. On or around March 20, 2009, Defendant sent a letter to the Plaintiff which identified that the Plaintiff's security deposit had been used to repair the following: a. Tapon front door- had to be removed and the door had to be sand and varnished. b. The lass on two windows had to be replaced; C. Onc? screen in living room window had to be replaced; d. Had ?o remove stains and shampoo carpet three times; e. Air conditioner had to clean air compressor vent holes; f. Had Jo repair dent at the end of the trailer; g. Had io repair a hole in the closet floor where a mouse had come in; h. Had to repaint the master bedroom. (See, Exhibit 1, Letter to Poper from Hockensmith dated March 20, 2009). 12. The March. 20, 2009 letter stated that the Plaintiff owed the Defendant $250.00 in addition to th? security deposit for the above-mentioned damages to the property. 13. The receip?s provided by the Defendant identified that the Defendant used i the Plaintiff's security de osit for skirting and painting the outside of the trailer, which did not need to be done, or, if so desired by the Defendant should have been done at his cost. 14. The receipis further provided that the Defendant used the Plaintiff s security deposit to shamoo the carpets on two separate occasions, which was not necessary and to buy batteries and other supplies which were unnecessary and done for the pleasure of the Defendant and for which the Plaintiff should not be responsible. 15. On or aro4d March 27, 2009, Plaintiff sent a letter to Defendant in which he responded to the deficiencies identified by the Defendant as follows: a. Tap on front door was placed there to block the wind - could have bee removed with simple over-the-counter product and did not nee sanded or varnished; b. Onel window was cracked in the corner prior to the Plaintiff mo?ing into the property and the other window was not cracked; C. Thee was no screen in the window prior to the Plaintiff moving into the property; d. Stai s on the carpet were normal wear and tear for the three years and ix months that the Plaintiff resided at the property; e. Zs was normal wear and tear for the three years and six months we Plaintiff resided at the property; f. Dent at the end of the trailer was not the responsibility of the Plaintiff as it was present before the Plaintiff moved into the property; g. Th hole alleged to be made by mice was made by an electrician to run electric wire through the property; h. Plaintiff repainted the master bedroom after he had moved his belongings - if the Defendant had not liked the color of the painting he could have pointed it out to the Plaintiff and the Plaintiff would have repainted it. 16. In his March 27, 2009 letter, Plaintiff demanded the return of his security deposit. 17. Plaintiff tried on several occasions to contact the Defendant by telephone to discuss the return of his security deposit, but was unsuccessful. 18. After recei?ing no response from the Defendant, the Plaintiff sent letters on May 17, 2009 and June 11, 2009, again demanding the return of his security deposit, but again received no response. On or around the end of March 2009, Plaintiff received an electric bill that charged the Plaintiff $171.52 for the use of electric from January 30, I 2009 until March 2, 2009. 19. The time that he resided at the $37.52. 20. Plaintiff 2009 for which he had to p 21. Plaintiff rec+ amount of $128.04. s pro-rata share of the electric bill would be $134.00 for the and the Defendant's share would be approximately a claim at the District Justice Office and on September 2, y a filing fee of $124.50. ived a judgment from the District Justice Office in the 22. On or around September 28, 2009, Plaintiff filed a timely Notice of Appeal to the Cumberland County Court of Common Pleas. 23. Plaintiff in"orporates by reference paragraphs 1 through 20 as contained herein in their entirety. 24. As a landlord, Defendant has an obligation to return the Plaintiff's security deposit or provide a list of damages to which the security deposit was applied when he is provided a thirty day noti4 of the Plaintiff of the tenant's intention to terminate the lease agreement. 25. The PWnt?ff provided the Defendant with a thirty-day notice of his intention to terminate the lase. 26. The notice provided to the Defendant of the application of the security deposit is not accurate and identifies damages for which the Plaintiff is not responsible. 27. According ?o Pennsylvania law, a landlord can be liable for twice the amount of the security deplosit for not either returning the security deposit or identifying i an accurate list of damages for which the Plaintiff was liable. I WHEREFORE, Pl 'ntiff demands judgment in his favor and against the Defendant in the amount o f$1320.00 plus costs of suit, interest, any additional damages discovered hereafter and at?orney fees in the amount of $500.00. 28. Plaintiff i by reference paragraphs 1 through 27 as contained herein in their entirety. 29. On February 23, 2009, Defendant agreed that he would take responsibility of contacting the electrid company and having the electricity bill signed over into his name. 30. Upon info#mation and belief, the Defendant was at the property between February 23, 2009 and M?rch 2, 2009 and used the electricity that was being provided to the property. 31. The Defendant failed to contact the electricity company until March 2, 2009 and as a result the Plaintiff was charged for $37.52 worth of electricity for which he was not responsible. 32. As a resul? of the breach by the Defendant in returning the Plaintiff's security deposit, the Plaint#ff was forced to expend $124.50 in filing fees. WHEREFORE, P?aintiff demands judgment in his favor and against the Defendant in the amount f $162.02 plus costs of suit, interest, any additional damages discovered hereafter and a orney fees in the amount of $500.00. submitted, Aeri D-Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 HARRY S. POPER, SR.,' : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA vi. : NO. 2009 - JOHN HOCKENSMITH, Defendant VERIFICATION I, Harry S. Poper, Sr. have reviewed the averments contained in the Complaint and hereby certify that the are true and correct to the best of my knowledge, information and belief. I understand that I could be subject to criminal and civil penalties under Pennsylvania and federal 1 w for any false statements contained herein. Harty Poper, Sr. FILED-O °=SCE' OF THEE RKTHI NOTARY 2049 OCT -6 AM 1 f s 32 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY S. POPER, SR. Plaintiff CIVIL ACTION AT LAW CASE NO. 2009-6493 V. JOHN HOCKENSMITH, Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above-captioned case. submitted, Peri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Icy t? OF MPROTHOMMIM ZN9 NOV to PM 0 27 CU%NN?.VNIA Id, A* X337/ I SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline E FILED-0t.-IC, Sheriff 'OF TI <E Ei=`) t-217N'CTARY Ronny R Anderson 20 9 pMY 24 ? H 8: 3? ? Chief Deputy Jody S Smith , , '? Civil Process Sergeant t''i .`i `1rr.lr Edward L Schorpp Solicitor Harry S. Poper I vs Case Number John R. Hockensmith I 2009-6493 SHERIFF'S RETURN OF SERVICE 11/19/2009 02:22 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2009 at 1422 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John R. Hockensmith, by making known unto himself personally, at 270 Mohawk Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $39.24 November 20, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy heriff is CountySuoo J!'E'.nti Tr!eosoft. Inc.