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HomeMy WebLinkAbout10-0190COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?;wrerm 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. ?? ^ MAG. -. NO. --© NAME OF D.J. H ADDRESS OF PEUANT C STATE D Zp o S yv 1 TE OF JUDGMENN ? ? IN THE CASE F NX vs ( S/Z?? DOCKET No. ('?C SIGNATURE OF APPS OR TTORNEY OR AGE ?- ' 0000622-_ 0 , This block will be signed ONLY when this notation is required and ff a ant as Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SiWwt" or Pmt navy or DeprRy 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 aPP;'V_(.) (Common Pleas No. /Q within twenty (20) days after service of rule ors r ntry of judgm non pros. ___-y I RULE: To appellee(s) me of appow4l . r or appellant orattwney or agent (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 Y (3) The date of service of this rule if service was by mail is the date of the mailing. Date: . Jan 5 , 2010 - Signatwe of Prothonotary 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 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 official before whom affidavit was made Title of official My commission expires on .20 Signature of affiant slsssp #1Z "SW Jl??f10C) = rte 1 9- WF I112 COMMONWEALTH OF PENNSYLVANIA COUNTY OF- CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. VS. DEFENDANT: NAME and ADDRESS 7SIDDIQUI, SAIFULLAH -I 101 SHERWOOD DRIVE CARLISLE, PA 17015 THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (7 17 ) 761-8230 17050 THOMAS A. PLACEY L J 104 S SPORTING HILL RD Docket No.: LT-0000622-09 MECHANICSBURG,,PA 17050 Date Filed: 10/23/09 9 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAIN'T'IFF ?% Judgment was entered for: (Name) LEIBY I S M. H. C . Judgment was entered against SIDDIQUI, SAIFULLAH in a 0 Landlord/Tenant action in the amount of $ 2,279.15 on 12/15/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 339.00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less Security Deposit Applied Rent in Arrears $ 1, 487.75 - $ Physical Damages Leasehold Property $ 678.00 - $ . 00= Damages/Unjust Detention $ -no - $ 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. Total Judgment ?X Possession granted. ? Possession granted if money judgment ? Possession not granted. $ Adjudicated Amount 1,487.75 $ 678.00 $ On $ -On $ _nn $ 2 , 16 575 $ 114.00 $ _n0 $ 2,279.75 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 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. 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 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,MtJsT 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 DESTOR FLAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Q7 Date , Magisterial District _ Judge cert y that this is a true an c r tc9py-o ?r o the proc" s contarrnng the to gfient. G Q Date Magisterial District, udge commission expires first Monday of January, 2010 SEAL NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FLEIBY'S M.H.C. 7 7075 CARLISLE PIKE CARLISLE, PA 17015 L J 09-3-04 11YF 2x10 JAN -6 PM 2' 48 Gouwy 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.) COMMONWEALT OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas - pon the District Justice designated therein on (date of service) Z , P/° , 201C7 by personal service ? by (certifiqyi) (r istered) mail, sender's rec ipt attached hereto, and upon?theppellee, (name) z \/j L6'''/ 20/0 by personal service ? by (certi ed) (registered) mail, sender's receipt attached hereto. e-1-7 (SWORN) (AFFIRMED) AND SU SCRIBED BEFORE ME 0 IS Z DAY OF \jiln 120 y Signature of official before whom afr it was m *e T My e6mmission expires On 20 Signature ofaf6ant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q- Q IV i J Te rm 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. NAME OF APPELLANT S ?? J /] j { Mwci - . nv. ruwe ur u.?. f/ -77 L 11 ADDRESS OF PELIAN?,?? f?`yM W O !/ ..l?? e C V STAT/ Z? DATE OF JUDGMENT ?? ``?' ? 0 W THE O ,` vs s p /,?--# / (! LZ.? / ?/ Z) DOCKET No. SIGNATURE OF APPE O TTORNEY OR AGE /-, 77 0006)z?2,2-. 0 This block will be signed ONLY when this notation is required u a. If an s 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 as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. 1-1 (20) days after filing the NOTICE of APPEAL. Somftm of RothotxWy orWPNY 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 ,r Enter rule upon -Z Name of apps%e(s) (Common Pleas No. t0 _ I Vl ) e17T1 ) within twenty (20) days after service of rule or RULE: To 4 of appeUes(4 me (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 Y (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Jan . 20) O S%ratme of Proftr otay or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRAN6CWPT 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 RESERVED ON DISTRICT JUSTICE appellee(s), to file a complaint in this appeal Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, T/A AND D/B/A LEIBY'S MOBILE HOME PARR, Plaintiff VS. SAIFULLAH SIDDIQUI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • rya 10 --i4a CIVIL ACTION - LAW NOTICE 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. Zn a r°-- C) !rJ r' u, N U CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249- By: 316 ANbREW C. SHEELY, quire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) LEIBY'S MHC, LLC, IN THE COURT OF COMMON PLEAS OF T/A AND D/B/A CUMBERLAND COUNTY, PENNSYLVANIA LEIBY'S MOBILE HOME PARK, Plaintiff VS. 10 - 44$' SAIFULLAH SIDDIQUI, CIVIL ACTION - LAW Defendant COMPLAINT Plaintiffs, LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiffs are LEIBY'S MHC, LLC, t/a and d/b/a LEIBY'S MOBILE HOME PARK (hereinafter referred to as "Plaintiff") with a duly recorded fictitious name and with a place of business at 7073 Carlisle Pike, Carlisle, PA 17015. 2. Defendant Saifullah Siddiqui (hereinafter referred to as "Defendant") is an adult individual with a last known address of 101 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the owner of real property and owner of a manufactured home community known as Leiby's MHC located at 7075 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. 4. A 1980 or 1983 Redman manufactured home with a believed Serial # or VIN 12210235 is currently located on Lot No. 126 within Plaintiff's mobile home park and on lands owned by Plaintiff. 5. Defendant purchased the 1980 or 1983 Redman manufactured home with a believed Serial # or VIN 12210235 on or about September 14, 2009 from the Cumberland County Tax Claim repository for an amount of $400.00 6. The Cumberland County Tax Claim Bureau issued a bill of sale to Defendant on or about September 14, 2009. 7. No written lease agreement exists between Plaintiff and Defendant which would permit Defendant to store the manufactured home on Plaintiff's property. 8. Lot rents in the amount of $339.00 per month were not paid by Defendant for the months of October, November and December of 2009, and January of 2010. 9. Unpaid lot rents have accrued in the total amount of one thousand three hundred fifty-six dollars ($1,356.00) since Defendant purchased the manufactured home from Cumberland County Tax Claim. 10. Ground rents were due Plaintiff in the amount of two thousand one hundred twelve dollars and ninety-four cents ($2,112.94) at the time Defendant commenced occupancy of lot 126 on Plaintiff's property. 2 COUNT 1. - EJECTMENT 11. Paragraphs 1 - 10 are hereby incorporated herein as if set forth at length. 12. Defendant currently is using Plaintiff's property to store and maintain the above-referenced manufactured home without lawful right. 13. Defendant has refused to sign a lease agreement tendered by Plaintiff. 14. Defendant has unjustly retained the use of Plaintiff's real property from September 26, 2009 and continues to unjustly retain the use of Plaintiff's real property to store the above-referenced manufactured home. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for ejectment in favor of Plaintiff and against Defendant and direct that Defendant immediately remove the manufactured home from Plaintiff's property. COUNT 2. - CIVIL TRESPASS 15. Paragraphs 1 - 14 are hereby incorporated herein as if set forth at length. 16. Defendant has refused to pay reasonable lot rent in the amount of $339.00 per month from October 1, 2009 through January 25, 2010 and a total amount of one thousand three hundred fifty- six dollars ($1,356.00) is due Plaintiff. 3 17. As a result of continually maintaining the manufactured home on Lot No. 126 of Plaintiff's real property, Defendant has deprived Plaintiff of the full use and enjoyment of Plaintiff's property. 18. As a result of continually maintaining his manufactured home on Lot No. 126 of Plaintiff's property, Defendant has deprived Plaintiff of the reasonable rents and profits derived from the use and rental of Plaintiff's property. 19. Defendant has deprived Plaintiff of the existing ground rents due and owing Plaintiff as of the date Defendant took possession of the lot. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant, and against Defendant for money damages and lost profits in an amount of three thousand four hundred sixty-eight dollars and ninety-four cents ($3,468.94), an amount requiring compulsory arbitration. COUNT 3. - UNJUST ENRICHMENT 20. Paragraphs 1 - 19 are hereby incorporated herein as if set forth at length. 21. Defendant has been unjustly enriched in the amount of three thousand four hundred sixty-eight dollars and ninety-four cents ($3,468.94) for failing to pay Plaintiff reasonable lot rent for from October 1, 2009 through January 25, 2010 and by 4 failing to pay Plaintiff's accumulated ground rents. 22. Defendant has been unjustly enriched in the amount of three thousand four hundred sixty-eight dollars and ninety-four cents ($3,468.94) to the detriment of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant and enter an award in favor of Plaintiff and against Defendant for money damages and lost profits in an amount of three thousand four hundred sixty-eight dollars and ninety-four cents ($3,468.94), an amount requiring compulsory arbitration. COUNT 4. - GROUND RENTS 23. Paragraphs 1 - 22 are hereby incorporated herein as if set forth at length. 24. Defendant purchased the above-described manufactured home at a repository sale which was sold subject to existing ground rents due Plaintiff. 25. After repeated demands, Defendant has failed to pay Plaintiff's accumulated ground rents in the amount of two thousand one hundred twelve dollars and ninety-four cents ($2,112.94) associated with storing and maintaining the manufactured home on Plaintiff's real property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant and enter an award in favor of Plaintiff and against 5 Defendant for money damages and lost profits in an amount of three thousand four hundred sixty-eight dollars and ninety-four cents ($3,468.94), an amount requiring compulsory arbitration. Respectfully submitted, Date: January Z 2010 And ew C. Sheely, Esquire Attorney for Plaintiff Leiby's MHC, LLC 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 6 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: January ?S 2010 - /-?;< - Laurie Evans, Agent CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Saifullah Siddiqui 101 Sherwood Drive Carlisle, PA 17015 Date: January 2010 Andrew C. Sheely, Es e Of CZ,M lDavid D. Buell" Renee 2X Simpson Prothonotary 15` Deputy Prothonotary 7�irkS. Sofionage, ESQ Irene E. Morrow Solicitor „50 22'Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fa.K(717)240-6573