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HomeMy WebLinkAbout04-3015ROBIN B. MOPPIN Petitioner GARY J. MIXELL Respondent : IN THE COURT OF COMMON : PLEAS CUMBERLAND COUNTY PENNSYLVANIA : NO. CIVIL TERM : : LANDLORD/TENANT ORDER AND NOW, this day of ,2004, upon Peitition in the above, it is hereby Ordered that the Order of Possession in the Landlord/Tenant case docketed at LT- 000002-04 before District Justice Helen B. Shulenberger, be stricken and that no further action in furtherance of possession be taken in this case unless and until the Rules for District Justices are followed pertaining to Landlor/Tenant actions. ROBIN B. MOPPIN Petitioner V. GARY J. MIXELL Respondent : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : NO. O6L' .~,As/CIVIL TERM : : LANDLORD/TENANT PETITIONER'S MOTION TO STRIKE RESPONDENT'S ORDER FOR POSSESSION Petitioner, Robin B. Moppin, by her attorneys MidPenn Legal Services and Geoffrey M. Biringer, hereby set forth as follows: 1. Respondent obtained a judgment against Petitioner for rent and damages on January 20t~, 2004 at the offices of District Justice Helen B. Shulenberger. (Notice of Justice/Transcript attached hereto as Exhibit "A". 2. Respondent did not request an Order for Possession in this case until June 24, 2004 (Request attached as Exhibit "B"). 3. Said Order for Possession was not served upon the Petitioner until June 24, 2004 (Order attached hereto as Exhibit "C") 4. PA. R.C.P.D.J. No.515 (b) requires that the plaintiff(respondent) request an Order for Possession within 120 days following entry of judgment. 5. Respondent did not file his request until 156 days from judgment and his request for an Order is therefore out of time and defective. 6. Respondent did not file a request for a reissuance of the Order for Possession pursuant to PA.R.C.P.No. 516C. 7. Respondent intends to evict your Petitioner on or about July 6, 2004. WHEREFORE, Petitioner requests that Respondent's Order for Possession be stricken and the relief requested granted to the Movant. Dated MidPenn Legal Services 8 Irvine Row Carlisle, PA (717)243-9400 Supreme Court No. 18040 06/25/04 11:10 F~ 717 776 9254 D.J,(09-3-02) ~001 COMMONWEALTH OF' PENNSYLVANIA COUNTY OF: CO]~]GU~,ND 09-3'03 ~J Name; N~,EN B. 27 W. ~I~ ~P~G A~ ~L~, PA ~=~.~: (717) 776-3187 HELEN B. SUU,.rCNBERGER P.O. BOX 155 27 W. BIO SP~I:NG AVE~u~ NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE ~,.r., GA~Y J 19 C~.E~%'IEW ROAD ~OPP~, ROB~ B. ~6 N. ~O~TION ~T. ~E, PA ~7241 Docket No.: ~- 0000002 - 0& Date Filed: ~/05/04 THIS IS TO NOTIFY YOU THAT: Judgment: FOE [] Judgment was entered for: (Name). Ml'~rl~l'.T., GAEY J Judgment was entered against MOP~]~, RO]~ B. ~'~ Landlord/Tenant action in the amount of $ 1,419,3.9 on 1/20/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Secu rity Deposit is $ -00 in a · (Date of Judgment) 350.00. Rent in Arrears Physical Damage_s Leasehold Property Damages/Unjust Detention TotalAmeuntEstablished.~v,~J.,l~,ess.SacurityDepesitApg, lLed -- Adjudicated~o.u{~3 ~/.~.uu--$ . .rd[/ = $ ~] Attachment Prohibited/ 42 Pa.C.S. § 8127 E~ This case dismissed without prejudice. [~{ Possession granted. 400.0-O-$ .00 ~ $ 4_O_0.0 0 1~4.56--$ .00 = $ l~4.~6 Less Ami Due Detendant)'rom Cross Complaint -- $ .00 Interest (if provided by lease) $ t~n IJT Judgment Amount $ 1,326.56 Judgment Costs $ 92.63 Attorney Fees $ .00 Total Judgment $ 1, ~19.19 Post Judgment Credits $ Post Judgment Cost~ $ Certified Judgment Total $ not sat~s/~ed by t~me ol eviction. [~ Possession granted if money judgment i Possession not granted. Ell Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAe THE RIGHT TO APPEAL I~ROM A JUDGMENT FOR POseEesIoN WITH;N TEN OA¥$ AFTER THE DATE OF ENTRY GE JUDGMENT aY 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 JUDOMENT, IF ANY. IN ORDER TO DETAIN A SUPERSEDEAS, THE A~PELLANT MUST DEPOSIT WrFH THE PROTHONOTAR¥/CLERX OF COURTS THE LeeSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL O~IL¥ THE MONEY PORTION OF A ,JUDGMENT INVOLVING A RESIDENTIAL LEAS;~, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FiLE A NOTICE OF APPEAL WITH THE PROTHONOTARWCLERK OF COURTS OF THE COURT OF COMMON/~LEAS, CIVIL DIVISION. THE PARTY FLUNG AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/tRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT A~ OTHERWI~;E PROVIDED IN THE RULE~; OF CIVIL ~ROCEDURE 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 ]SSLIEC 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, OR OTHERWISE COMPLIES WITH THE JUDGMENT. )%erti~y ti~dt i~s ,s a trL~e~an8 ~;6rrect copy of{he record of ~e proceed~hg~¢ntainin~ the juagment. { Date ..... , D stdct Just ce My commission expires first Monday of Janua~, 2006.. · o,c ~-o~ /~ // SEAL 06/£$/04 11:10 FAX 717 776 9284 002 COMMONWEALTH OF PENNSYLVANIA COUNTY OF; ~---'O~w~"~T,~,1~3 .,. 09-3-02 ~=; P.O. ~OX 155 27 W. BI~ SP~G A~ua ~E, PA r~,. (717) 776-3187 17241 I~LEN R. P.O. BOX 155 27 W. BIG SPRING NEWVILLE, PA 17241 Judgment Amount $ 1,326.~6 Costs in Original LT Proceeding $ 92.63 Costs in this Proceeding $ .00 Attorney Fees $ .00 REQUEST FOR ORDER FOR POSSESSION 19 CRR,.~.v~.J~'/' ROAD NEWVILLE. PA 17241 VS. DEFENDANT: ~E ~O~P~, ROB~ B. 76 N. ~TZ~ ~T,T,R, ~A Docke~, No.: LT- 0000002 Date R ed: 1/05/04 Time Fi~ed: 9 = 30~ Date O~er FiJed: 6/2~/0~ Total $ 1,&19.19 TO THE DISTRICT JUSTICE'~ The above named plaintiff, having obtained a judgment for possession of rea[ property located at: Address if any: Requests that you issue a ORDER FOR POSSESSION for such property. AOPC 311A~96 DATE PKIIvz'~,u: 6/24/04 9:30-'47 AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUI'~BERLAND Mag. Dist. NO.: 09-3-02 HELEN B. SHULENBERGER Ad,~,s: P.O. BOX 155 27 W. BIG S~'RING AVENUE NEWVILLE, PA T.le0ho..: (717) 776-3187 17241 ROBIN B. MOPPIN 76 N. CORPOI~ATION ST. NEWVILLE, PA 17241 ~,.B -q I D~t~ff I2~ LEAST ; Judgment Amount $ 1,326.56 Costs in Original LT Proceeding $ 92.63 Costs in this Proceeding $ .00 Attorney Fees $ .00 ORDER FOR POSSESSION, RETURN AND NOTICE PLAINTIFF: NAME and ADDRESS [-MIXELL, GA~Y J 19 CREEl[VIEW ROAD NEWVILLE, PA 17241 VS. DEFENDANT: NAME and ADDRESS ~-MOPPIN, ROBIN B. 76 N. CORPOP, ATION ST. NEWVILLE, PA 17241 Docket No.: LT- 0000002 ~ 04 Oate F ed: 1/05/04 Yime Filed: 9: 0ate Order Filed: 6/24/04 Total $ 1,419.19 TO THE DISTRICT JUSTICE: The above named plaintiff, having obtained a judgment for possession of real property located at: Address if any: Requests that you issue an ORDER FOR POSSESSION for such property. Date: Plaintiff: (Siqnature on File) ORDER FOR POSSESSION To: IRVING WALLACE (Sheriff or Certified Constable) You are hereby directed to deliver actual possession to piaintiff, or his agent, of ~eal property iocated at (Give Io~:afion and/or address): Date: ~&~_/?,~O Time: ~,, ~,,¢" ,~-,,~ y:~~ ,~,District Justice Received Date: ~-I Time: ~r e ~ B ,gh~-~t~"t~ Certified Constable RETURN ~ 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 foroible entry and ejectment Amount Paid $ [] Forcible entry and ejectment (Date): Distribution $ To $ To $ To $ To $ To $ To (Time): [] Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent m arrears and costs. Expenses and fees of sheriff or certified constable $ (Signature of Shedfl or Certified Constable) (Frint Name and Title) NOTICE TO DEFENDANT TO VACATE If you, and all the occupants of this property not authorized by the owner to be present thereon, do not vacate this property within ten (10) days after the (date of service) '~. (~ dayof "~ Ls J~' "~ ~}(./ , the law authorizes me to use, andlmust use, such force as may be necessary to enter upon this prope.~, by the breaking in of any door or otherwise, and to eject you and all unauthorized occupants. If necessary, eviction will commence on '~~ ~ ~ affer f2:Ot AM. At any time before actual delivery of the real property is made in execution of the Order for Possession, tile 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 $ AOPG 311B-01 ~ ,~/~. ~ CERTIFICATION OF SERVICE No. Civil Term I, Geoffrey M. Biringer, of MidPenn Legal Services, certify: That I am, at all times hereinafter mentioned was, more than 18 years of age; That on the,2 ~ay oLr~t..,~'~ 2004, I served a copy of the within Petition and Order on: Gary J. Mixell, at 19 Creekview Road, Newville, PA 17241, the Respondent in the above-captioned case, by depositing same in the regular U.S. MaiN, postage prepaid to the above address. I certify under penalty of perjury that the foregoing is true and correct. ~-~ (Date) (Signature) Mailing address ' Robin Moppin, Petitioner, V. Gary J, Mixell, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM Landlord/Tenant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Robin B. Moppi n Petitioner, to proceed in forma pauperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES Geoffrey M. Biril{ger, Attomey~)r Plaintiff 8 Irvine Row Carlisle, PA 17013 ROB1N B. MOPPIN Petitioner GARY J. MIXELL Respondent dUN 29 2004~~ : IN THE COURT OF COMMON : PLEAS · CUMBERLAND COUNTY : PENNSYLVANIA : o ~.'...*o~.f- : NO. CIVIL TERM : LANDLORD/TENANT AND NOW, this day of ,2004, upon Peitition in the above, it is hereby Ordered that the Order of Possession in the Landlord/Tenant case docketed at LT- 000002-04 before District Justice Helen B. Shulenberger, be stricken and that no further action in furtherance of possession be taken in this case unless and until the Rules for District Justices are followed pertaining to Landlor/Tenant actions. /,O. ¢. L.