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HomeMy WebLinkAbout04-2848COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. dV ay? (t'yl J NOTICE OF APPEAL :jrAAC- at '100q 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 the date and in the case referenced below. NAME OF APPELLANT MAD. DIST. NO. NAME OF D.J. 1??,^i an T? « Cat ADDRESS OF APPELLANT Q`'t 3 CITY U 1 h o, ctrl STATE F) c l•: ZIP C( o su l<r ?nr?t a?_'??4 - ?f 3Cj j 17GC. , DATE OF JUDGMENT IN THE CASE OF(P4,ohl) P (Oe/endant)' ^at..L a,rdever rC:ai. /i fj _ `( vs Le, r.] ..J C%1-?G.-t?Pti DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT LT- 6C GC' l;L?? o? i?,^iLn t S? Ghf?S LJ?4hL 41• CCJk Gam- - ??-..-.--- This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in actio 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. Sgnatuw of Prothonotary or0eputy 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) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon e ( c V r `, /) f r t P? appellee(s), to file a complaint in this appeal Name of appellee4s) (Common Pleas No. ©y-- ag'($ G1Jtl ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant oraftomay oragent RULE: To tJLk¢_vCN ?;_. E„t?+a .appellee(s) Name of appellee(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. Jt^lr-w -a 1 , 2001 " '/??jJ?t v - ---- - - Signatu ryorDepufy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT fh?s pr rn'cfs r; tiF S; BE (?(L JWfTIitV TER.`(?(}) fiT5AF 7"?f fiRrt, offftu nctic, oialapea€ Cf4er.k aa}i,ca Ire of=xs4+ CGPF M(JNWEIAL:TH OF PFNNSYuVAMA COUNTY OF , UU AFFiDAW: I ho m)y ?swean taffirn) that f sniued Lla ,Gpy of iite Nome of Appeai, Common Picas Nn. . uoan the District o me deelc2r, ¢ ci thereirt or by persr nal serui e t `x t h?Ynited; (,r v eared=maxi. (date of service) . 20 ntSar's resetpt a e hetl 5eret , an uran the appel!ae, ff)wTO Ej by persornw serviee. ' 3 by (-:e:t `tent irtAyistereai mail. c ie :A rer a, pt lttarhod tt 'etr, . {SUVORN) (AFFIRMED) AND SUBSCROFD BEFORE ML "Hiss >- UX,*OF lp was made Title `la! ?? - J :C My c`?immPfSSie?expti'?b qh . 2Fi _ LL Gs j AQPC 31 ZA - 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-01 DJ Name: Hon. HAROLD E. BENDER Address 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA etePhdne 17171 532-7676 17257-0361 i )"10 &oa BRIAN BIANCA 26 EAST SURD SHIPPENSBURG, ST. APT/STE 1 PA 17257 01 ? Wil ?I V I) NOTICE OF JUDGMENT/TRANSC PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FLEDERER PROPERTIES, 21 SOUTH PITT ST APT/STE 1 CARLISLE, PA 17013 C L 4 VS. DEFENDANT: NAME and ADDRESS rJOHANSEN, LARS, ET AL. 26 EAST SURD ST APT/5TE 1 f?+ SHIPPENSBURG, PA 17257 L I DocketNo.: LT-0000130-04 Date Filed: 5/07/04 THIS IS TO NOTIFY YOU THAT: Judgment' FOR FT.ATNTIFF X Judgment was entered for: (Name) LEDERER PROPERTIES, Judgment was entered against BIANCA, BRIAN in a 0 Landlord/Tenant action in the amount of $ 3,188.33 on 6/07/04 (Date of J udgment) The amount of rent per month, as establis hed by the District Justice, is $ 1, 200.OQ. The total amount of the Security Deposit is $ 1,200.00 Total Amount Established b pJ Less Security DQQpo ijj Apf?liEd 1 54 100 60 - 1 10 = R i = Adjudicated Amountt 60 3b4 ent n Arrears $ , . . $ , $ . Physical Damages Leasehold Property $ 2,584.35 -$ .00 = $ 2,584.35 Damages/Unjust Detention $ .()0-$ .00 = $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -00 UT Judgment Amount $ 2,94a.95 ? Attachment Prohibited/ Judgment Costs $ 239.38 42 Pa.C.S. § 8127 Attorney Fees $ .00 ? This case dismissed without prejudice. Total Judgment $ 3,188.33 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is not satisfied by time of 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 PROTHONOTARYICLERK 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 DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date /pllca !zf U'c7"" - District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. I Date District Justice) M AOyCcommission expires first Monday of January, 2006 SEAT. 315A 03 ? ? !.: ? ' n ' .? (_.. ." lJ, y? y +4- ? 'r`' -?j CN S n 9 Edward Lederer D/B/A Lederer Properties C/O Sterling Property Management, Inc. 21 South Pitt Street Suite # 1 Carlisle, PA 17013, Plaintiff V. Lars Johansen, Chris Corbett, Brian Bianca, Paul Raker, Michael Smith, Tenants And James and Mary Corbett, Angela Bianca, Melissa Smith, Cosigners 26 East Burd Street # I Shippensburg, Pa 17257, Defendants NO- T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: CIVIL ACTION You have been sued in court. If you wish to defend against the claims set fort h in the following pages, you must take action within twenty (20) days after this complaint and notice areyosuerrved, by entering a written appearance personally or by attorney and filing in writing the court 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 G13T LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4`h Floor Carlisle, PA 17013 (717)697-0371 Edward Lederer D/B/A Lederer Properties C/O Sterling Property Management Inc. 21 South Pitt Street Suite # 1 , Carlisle, PA 17013, (717)258-5800 V. Plaintiff Lars Johansen, Chris Corbett, Brian Bianca, Paul Raker, Michael Smith, Tenants And James and Mary Corbett, Angela Bianca, Melissa Smith, Cosigners 26 East Burd Street # 1 Shippensburg, Pa 17257, Defendants COMMPLA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: gy? CIVIL ACTION Plaintiff hereby complains against Defendants and avers as follows: 1. Plaintiff is an adult individual that owns the property 26 East Burd Street, Shippensburg, PA, 17257. 2. Plaintiff completely renovated the above referenced property in 2000 and 2001 with new carpet, new vinyl flooring, new full bathroom, new heating and cooling system and new paint. 3. Defendants leased and resided at the above referenced property from June 1, 2003 to May 25, 2004. 4. Plaintiff is asserting a claim against the Defendants for damages to his property, cleaning bills, maintenance and unpaid rent. 5. Defendants signed a joint and several lease for the property and left owing $1564.60 in unpaid rent and late fees. 6. Defendants returned possession of the property on or about May 28, 2004 with outstanding keys still in their possession, the carpet being badly damaged and soiled, the walls marked and damaged, mini blinds broken and dirty, vinyl floors dirty, a broken bedroom door and a broken bathroom door. 7. Plaintiff's bills to bring unit back to tenable condition are as follows: A. Hiltons Locksmith- Re-key locks $11635 B. Sterling Property Management, Inc.- Maintenance and Repairs $348.00 C. Multiple cleaning invoices - $676.90 D. Essis and Sons Carpet 1- Carpet Replacement $2550.00 E. Lederer Painting, Repaint entire unit and repair wall damage $1095.00 The total of all bills being $4786.25. 8. Total monies owed to Plaintiff, including unpaid rent are $6350.85. After seizing the security deposit of $2400.00, the remaining balance is $3950.85. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $3950.85, exclusive of interest and costs. Sterling Property Management, as Agent for Edward Lederer D/B/A Lederer Properties. By: J. Michael' Adler of Sterling Property Management, Inc. 21 South Pitt Street Suite # 1 Carlisle, P.A 17013 N] 30 (717)258-5800 Dated: 'C c) ? o r, c. n r- +? 1, 7 r ui = Edwards Lerderer DB/A Lerderer Properties C/O Sterling Property Management 21 South Pitt Street Carlisle PA, 17050 Plaintiff V. Brian Bianca, Chris Corbet, Lars Johanson, Paul Raker 26 East Burd Street, Apt. 1 Mechanicsburg, PA 17050 (717) 860-6580 Defendants ARGUMENTS Defendant hereby answers complaints against them as follows: Cusc JJo, UL1-;8'l$ 1. Plaintiff is an adult individual that owns the property 26 East Burd Street, Shippensburg, PA --- AGREE. 2. Plaintiff completely renovated the above property in 2000 and 2001 with new carpet, vinyl flooring, full bathroom, new heating and cooling systems, and new paint --- UNKNOWN a. Defendants were not living at the property dwing that time period. 3. Defendants leased and resided in the above property fiom June 1, 2002, to May 25, 2004. --- AGREE 4. Plaintiff is asserting a claim against the defendants for damages against his property, cleaning bills, maintenance, and unpaid rent. --- AGREE 5. Defendants signed a joint and several lease for the property and left owing $1,564.60 in unpaid rent and late fees. --- AGREE. a. While the defendants had indeed signed a joint lease, the $1,564.60 in unpaid rent came from only one tenant, Mr. Lars Johanson. To ensure accountability, each tenant sent in a separate rent check each month with their portion of the rent. Monthly statements from the landlord confirm this. Furthermore, the remaining tenants had a verbal agreement with Sterling Property Management, where they assured us over several occasions that they would only seek to obtain the lost rent from Mr. Johanson. One employee even went as far to say that we didn't even need to be in court, because they would only seek rent from Mr. Johanson. During that court hearing, without our knowledge and without our presence, damages were also assessed. 6. Defendants returned possession of the property on May 28, 2004 with outstanding keys still in their possession, carpet badly damaged and soiled, the walls marked and damaged, vinyl floors dirty, a broken bedroom door and a broken bathroom door. --- DISAGREE a. The tenants did not return the keys, and there was a bathroom door that was broken. The defendants acknowledge these infractions and have no problem compensating the landlord for them. b. However, the wall damage was simply general wear and tear that accompanies tenants living in one place for two years. (nail holes to hang pictures, general smudging, etc.) The house was thoroughly cleaned by the tenant for a full week before leaving, including both bathrooms, the vinyl floor in the kitchen, all bedrooms, and both living rooms. c. Most importantly, the main carpet damage that occurred in Mr. Bianca's room was the result of a faulty pipe that ran over his ceiling. Approximately three weeks before leaving, portions of Mr. Bianca's ceiling caved in, releasing dirty water over :his clothes, furniture, and carpet. The leaking continued for two weeks, despite the fact that a maintenance man was called and came to evaluate the situation. Mold developed, creating a smell so bad Mr. Bianca couldn't sleep in the room. The day before Mr. Bianca left the dwelling for the summer, the leak was finally fixed. d. Any other carpet damage other than general wear and tear was addressed by professional carpet cleaners, who came not once, but twice to the property to clean the living rooms. e. The bedroom door had a crack running down the middle, a crack which had been there since we moved in. L Sterling Property Management claims that 14• blinds were destroyed in the home. There are only 14 windows in the house, and two of them (both kitchen windows) didn't have blinds on them upon our move-in date. The main blind that covered the living room window was indeed damaged, as were both in Mr. Johanson's bedroom and the lone one in the spare room. The others, particularly the two in Mr. Bianca's bedroom, which were protected by a sheet nailed in place to prevent damage, were in the same shape as when the defendants moved in. 7. Plaintiff s bills to bring the home to tenable condition: a. Hilton's Locksmith --- $116.35 b. Sterling Property Management Inc. - Maintenance and Repairs --- $348.00 C. Multiple cleaning invoices --- $676.90 d. Essis and Sons Carpet 1 - carpet replacement --- $2,550.00 e. Lerderer Painting, repair entire unit and repair wall damage --- $1,095.00 f. The total of all bills being $4,786.25 --- UNKNOWN g. A visual inspection of the home in Aug. 2004 shows that the only carpets that were replaced were the ones in Mr. Bianca's room, due to negligence by the landlord, and a strip of carpet in the living room. The invoice by Essis and Sons claims that carpet in the living room, dining room, and two bedrooms other than Mr. Bianca's were replaced. 8. The total of all monies owed to plaintiff, including unpaid rent, are $6,350.85. After seizing the security deposit of $2,400.00, the remaining balance is $3,950.85 --- DISAGREE a. The defendants would request that Mr. Johnson's rent ($1,564.50) be removed from the amount owed by the group on the standards set by the verbal agreement between the tenants and the landlord. This would put the damages, after the security deposit, at $2,386.35. b. We would also request that Sterling Property Management be fully responsible for carpet repairs in Mr. Bianca's room, which were caused due to negligence on their part. According to the invoice sent by Essis and Sons, the total amount for Mr. Bianca's room came to $550.00. This would put the total amount at 1,836.50. Also, according to our visual inspection, the only carpet repair made other than Mr. Bianca's bedroom was a small strip in the living room, price unknown. c. The defendants would also seek to work out a fair compromise regarding wall and carpet damage throughout the house. It is understandable that paint and other touch-up work needed to be done, but once again, we feel that is regular wear and tear and should be covered by the security deposit. We feel that $2,400 is more than enough to rover general wear and tear on the property. d. The defendants do understand that we are liable for the bathroom door, several blinds, and the missing keys. Should the cleaning bills be for the carpets, we understand that said bills are our responsibility as well. Dated: 2 p c H Brian Bianca _%6? /C , 303 Louisa Lane Mechanicsburg, PA, 17050 (717)-860-6580 c) 0 -?1ii:+ a m cr Hi C-I <= rn ? o .o Curtis R. Long Prothonotary (Office of the protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 04 - 0194/8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 Fax (717) 240-6573