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Home My WebLink About04-3050MAX FAHNESTOCK, Plaintiff ROBIN SMITH and MARK SMITH, H/W Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PRAECIPE TO ENTER JUDGMENT ON DISTRICT JUSTICE'S TRANSCRIPT OF JUDGMENT Pursuant to Act of July 9, 1976, P.O. 586, No. 142, § 42 Pa.C.S.A. 1516, and in accordance with the transcript of the District Justice which is attached hereto, enter judgment in favor of Max Fahnestock, Plaintiff, and against, Robin and Mark Smith, Defendants, in the sm of $7,275.70, which consists of $1,650.00 as Rent in Arrears, $3,434.39 in Physical Damages, $2,053.43 in Damages/Unjust Detention and $137.88 as Judgment costs, plus interest thereon from May 4, 2004, as provided by law. Plaintiff hereby certifies that the last known address of Defendants is 12 Terri Drive, Carlisle, PA 17013. Date: June 30, 2004 MARTSON DEAR]0ORFF WILLIAMS & OTTO David R. Gall6way,~'Esqui~e L D. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist No: 09 -3-03 DJ Name: Hon SUSAN K. DAY A~,d~e~s: 229 ~LL STREET, BOX 167 MT. HOLLY SPRINGS, PA (717) 486-7672 17065 ATTOP2~EY FOR P~AINTIFF : DAVID R. GALLOWAY ESQ 10 E HIGH ST CA~LISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ~ ~'] Judgment was er~tered for: NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LP_ASi= PLAINTIFF: NAME and ACORESS ~FAHNESTOCK, MAX 23 S BA~.TIMORE AVE MT. HOLLY SPRINGS, PA 17065 VS. DEFENDANT: NAME and ADDRESS FSMITH, ROBIN & MARK, ET AL. 12 TEP~HI DRIVE CARLISLE, PA 17065 Docket No.: LT- 0000115 - 04 Date Filed: 4/23/04 __FOR P~ATNTIFF (Name) FAHNESTOCK, MAX Judgment was entered against SMITH, ROBIN & MAEK in a ~'~ Landlord/Tenant action in the amount of $ 7,275.70 on 5/04/04 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 550.00. The total amount of the Security Deposit is $ .00 TotalAmountEstablish.,ed~.~J^l~ess.SecurityDepositApp..li..ed = AdjudicaJed..A. rrlou~nL Rent in Arrears $ ~,o~u.uu--$ .uu = $ J.,O:)u.uu $ 3,434.39--$ .00 = $ 3,434.39 Physical Damages Leasehold Property Damages/Unjust Detention ~---~ Attachment Prohibited/ 42 Pa.C.S. § 8127 ~-~ This case dismissed without prejudice. Possession granted. 2,053.43-$ .00 = $ 2,0~3.43 Less Amt Due Defendant from Cross Complaint - $ . O0 Interest (if provided by lease) $ . OO UT Judgment Amount $ 7,137.82 Judgment Costs $ 137.88 Attorney Fees $ . O0 Total Judgment $ 7,275.70 Post Judgment Credits $ Post Judgment Costs $ $ Certified Judgment Total ~-~ Possession granted if money judgment is not sat~stled Dy t~me ot 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 PROTHONOTARY/CLERK 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 JUDGMENT/TRANSCRIPT 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. I codify that this is a true an ~:~-.~/- ¢ ~ Date My commission expires first Monday of January, 2010. AOPC 315A-03 o~e~.s containing , District Justice the judgment. , District Justice SEAL MAX FAHNESTOCK, Plaintiff ROBIN SMITH and MARK SMITH, h/w Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o "t- c vm ACTION-LAW AFFIDAVIT OF NO APPEAL As of June 21, 2004, a District Justice appeal has not been filed in the Court of Common Pleas of Cumberland County. Date: June 30, 2004 MARTSON DEARDC~F WILLIAMS & OTTO By ' Day I. D. Number 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ~ : SS. COUNTY OF ) Affirmed and subscribed to before me this ,.~)%day (,~ Notary Public ,2004. NOTARIAL SEAL TRICIA D, ECKENROAD, Notary Public Carlisle Bom., Cumberland County MyCl3~mi~ii~ll~al~O~t 23 2004 CERTIFICATE OF SERVICE I, Jean M. Taylor, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Mark Smith Mrs. Robin Smith 12 Terri Drive Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By~ ~'~ )~"~ / ~//~'-'-'"~ Jea~ ~vi. Taylor t Teft,East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 30, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Magislerial District Number: 09-3-03 District Justice Name: Hon. Susan K. Day 229 Mill Street, P.O. Box 167 Mt. Holly Springs, PA 17065 T.~o¢.o.,,: (717)486-7672 LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS ~- MaxA. Fahnestock 23 South Baltimore Avenue Mt. Holly Springs, PA 17065 VS. DE~FNDANT: NAME and ADDRESS Robin and Mark Smith 12 Terd Drive Carlisle, PA 17013 Docket No.: Date Filed: TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the AMOUNT possession of real property for: Filing Costs $ Postage $ Lease is [] Residential [] Nonresidential. Service Costs $ Constable Ed. $ Total $ [] Damages for injury to the real property, to wit: See Exhibit "A" Damages for the unjust detention of the real property in the amount of Rent remaining due and unpaid on filing date in the amount of And additional rent remaining due and unpaid on hearing date THE PLAINTIFF FURTHER ALLEGES THAT: 1. 2. 3. in the amount of: The location and address, if any, of the real property is The plaintiff is the landlord of that property. He leased or rented the property to you or to $ $ $ $ Total: $ 19 S. Baltimore Ave., Mt. Holly Springs DATE PAID / / / / / / / / / / 3,434.39 2,053.43 1,650.00 0.00 7,137.82 under whom you claim. Notice to quit was given in accordance with law, or No notice is required under the terms of the lease. 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: Damages & Non-payment of rent Rent reserved and due has, upon demand, remained unsatisfied. You retain the real property and refuse to give up its possession. Max A. Fahnestock verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statemqnt is made subject to,he penalties of Sectign 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification~t~yp~orities. /~ ~1 , z¢ ,i ~ (Signature of Plaintiff) David R. Galloway MDW&O, 10 East High Street, Carlisle, PA (717)243-3341 (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 district justice 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 add 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 provide transportation. AOPC 310A~02 MAX FAHNESTOCK, Plaintiff ROBIN SMITH and MARK SMITH, h/w Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NOTICE OF ENTRY OF JUDGMENT TO: ROBIN SMITH & MARK SMITH, Defendants You are hereby notified that on June 30, 2004, the following Judgment was entered against you in the above-captioned case: [i]n favor of Max Fahnestock, Plaintiff, and against Robin and Mark Smith, Defendants, in the sum of $7,275.70, which consists of $1,650.00 as Rent in Arrears, $3,434.39 in Physical Damages, $2,053.43 in Damages/Unjust Detention, and $137.88 as Judgment Costs, plus interest thereon from May 4, 2004, as provided by law. Dated: T/'/oSz' ~tr~ ~ ~ Curtis Long, Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Date: June 30, 2004 Mr. Mark Smith Mrs. Robin Smith 12 Terri Drive Carlisle, PA 17013 Ax By Day I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff