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HomeMy WebLinkAbout10-6792COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of ~„~~(~~~,,,+j-~~\J~ FROM DISTRICT JUSTICE JUDGMENT , COMMON PLEAS No. /Q - ~C ~ Job. Cl.~t~.~ 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. ~ -.~ - oft l: ~5~ t_. r~ ~tiv 8i4K --- ADDS PELLANT ~ ~~ e ~ ~~, ~~~,~~~ ~ 7~ ~ ~ ~ STATE ZIP CODE DATE OF JUDGMENT N C CASE OF (PMintiln (Ds/indarl-' 1 ~'-1 ~ - ~ d SCd ~tf`a.,r~itt. ~~a.~ v ~-•- ~ ,~ ~1 ~1L.~[..'~..~. I~Ina ,iii! X This block will be signer ONdY"when this "n~itation is required under Pa. R.C.P.D.J. No. 10088. ~ ` , This Notice of Appeal, whin recgive~~tay tt»!'bistrict Justice, will operate as a SUPERSEDERS to the j ~Slb- ioYYjn this case. (~/j,''~~\- T in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after f/lir-g the NOTICE of APPEAL. •a o.Dspufy I PRAEGIPE TO ENTER RUL T;p FILE'~COII~PLAINT AND RULE TQ FILE _ < __ m ~. (This section of form to be used ONLY when appellant was D ENDANT (see P,a.R.C.P.D.J. No. 1~f(7) in action before District Justice. IF NOT USED, detach from copy of notice of appea! to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~., ~ (~'~``~ ,,.. `~~ ~;. "~ ~ Q.. ~ Cv C ~""~ appellee(s), to file a complaint in this. appeal Name d appeNee(s) (Common Pleas No. ~t7 - ~~ )within twenty (20) days afters of rule or suffer entry of judgmentof non pros. ~,. Signature o/appellant orattomey or agent RULE: To G{~t- (1r p~ ~.. ~ ~~ ~ \/'l~ Q,I~~~t:. , aPPellee(s) Name o/appeMee(s) '~ ~' , . (1) You are notified that a rule is hereby entered upon you to file a complaint in this apal within twenty (20) days after the date of service of this rule upon yow by personal service or by certified or registered mail. (2) If you do r-ot~file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. ,~ f{r ~ (3) ">;h~ dete of sernce~ot this;rule if service was by mail is the date of the mailing. Date:,, ~y, ~`a~, ..` '"~ 20°10 _ ,--, •; ~ ofP ary YC YOU MLfS~' INCtbD~ ~ COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHrTE-COURT FILE TO BE FILED WRH`PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ~=1~~'~-JF~'6~ :ale. ~ r t~~i,~.t°~ 2~IO~C~~! _3 ~'~ 3~ 57 ~t}~ER~.~~dG t~pl~~''ir f'EP~~S Y~_~d~ ~~5~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER feting of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~1 t i A 1'Zj ~~~~ ; ss AFFIDAVIT: ~- I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas !b ~~~Q~ ,upon the District Justice designated therein on (date of service) , 20 ^ kty personal service ^ by (certified) (registered) mail, ., _ _ _ - ~.r__b _ . _---ry- , ~.. 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 ~„!2~ DAY OF hl t~l F~t~~?a~. ignature of afFant Signature of official bA(o~'e whom affidavit was~ade Title of official My commission expires on 1'll ~ , 20~ EALTH OF PENNSYLVANIA NOTARIAL SEAL Public CAMELA J. MANGES, Notary Boro of Carlisle, Cumberland Cour-ty My Commission Expires June 21,2014 CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant c? ° x ; < -or n NOTICE TO PLEAD` -- 7Oo r TO: ANGIE MICKLO °F3 x F3 C) 650 N. College Street ?'•' - rn Carlisle, PA 17013 You are hereby notified to file a written a written response to the enclosed Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. 0.01M Candy Severance 3254 Spring Road Carlisle, PA 17013 Date: November 19, 2010 CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. r CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant COMPLAINT AND NOW COMES, Plaintiff, Candy Severance and aver the following in support of her complaint: 1. Plaintiff is Candy Severance (hereinafter "Plaintiff'), adult individual residing at 3254 Spring Road, Carlisle, PA 17013. 2. Defendant is Angie Micklo (hereinafter "Defendant"), an adult individual residing at 650 N. College Street, Carlisle, Pennsylvania 17013. 3. On or about January 25, 2010, Defendants entered into a lease agreement with Plaintiff for the rental of 650 N. College Street, Carlisle, Pennsylvania 17013 (hereinafter "the Property"). Attached as Exhibit A, is a true and correct copy of said lease agreement. 4. The lease agreement was a month to month lease agreement. 5. The lease provided for a monthly payment of $550.00 due on the 25`h of each month. 6. The lease provided for a late fee of $25 per day if the rental payment was not made on time. 6. Defendant remains in the Property and has not paid rent since September of 2010. 7. Defendant failed to pay rent totaling $3,100.00, as follows: a. September 2010: unpaid rent-$550 late fees-$1,375 total-$1,925 b. October 20010: unpaid rent-$550 late fees-$625 total- $1,175 I 8. November was due on October 25`h and Defendant is not paying her rent into escrow as required. 9. Despite Plaintiff demands for payment for the sum of the unpaid rent, Defendant has refused to make said payments. 10. Despite Plaintiff demands for possession of the property, Defendant has refused to vacate the property. COUNT I - BREACH OF CONTRACT 11. Plaintiff incorporate herein by reference the averments in Paragraphs 1 through 10. 12. Under the terms of the lease agreement, Defendant agreed to pay rent in the amount of $550.00 per month. 13. Despite repeated requests by Plaintiff, Defendant has not paid rent for her occupancy in September and/or October 2010. 14. Despite Plaintiff demands for possession, Defendant has refused to vacate the property. 15. As a result of the above stated breaches by Defendant, Plaintiff have incurred damages, including, but not limited to the following: a. $1,100.00 - unpaid rent b. $2,000.00 - late fees WHEREFORE, Plaintiff demand judgment in her favor and against Defendant in an amount which equals $3,100.00, an amount that does not exceed the jurisdictional limit for mandatory arbitration, plus possession of the property, costs of suit, reasonable attorneys fees and interest. - C! O'? Lp--? Candy Severance 3254 Spring Road Carlisle, PA 17013 Date: 1 / I *o , This agreement made between Candy Severance and James Felt and Angela Micklo for the residential unit located at 650 North College Street Lot #2. The term of this lease shall be monthly beginning on January 25, 2010. For either parry to terminate this agreement it must be done in writing 30 days prior to the daate of the termination. Rent is payable monthly, at a rate of $550.00 dollars per month no later than 25th of each month and the tenant is to send it to the landlord (address listed below at bottom of this lease.) Tenant agrees to pay $25 for each dishonored check. Tenant will be responsible to pay all utilities furnished to the property except water, sewage and lot rent which included in the rent. Tenant will have all utilities put in there name as of January 25'h,2010. If the rent is not paid within 15 days of the due date the landlord shall automatically and immediately have the right to take out Dispossessory Warrant and have tenant, his or her family and possessions evicted from the premises. For every day late the rent is there will be a charge of $25.00 per day that must be included with the late rent unless arrangements have been made ahead of time. The Landlord requires $550.00 dollars as a deposit to indemnify owner against damage to the property and for the tenants fulfillment of the condition of this agreement. Deposit will be returned to the tenant, thirty (30) days after the residence is vacated if. (A) agreement has been terminated by both parties; and (B) All monies due to landlord by tenant have been paid (C) Residence is not damaged and is left in its original condition, normal wear and tear expected, and (D) Landlord is in receipt of copy of paid final bills on all utilities(includes gas, electric, trash and telephone.) (E) Deposit may be applied by landlord to satisfy all or part of tenant's obligations an such act shall not prevent the landlord from claiming damages in excess of the deposit. Tenant may not apply the deposit to any of the rent payment. Tenant may not sublet residence or assign this lease without written consent of management. Management having received and reviewed a credit application filled out by the tenant, and landlord having a relied upon the representation and statements made therein as being true and correct, has agreed to enter into the rental agreement with tenant. Tenant and landlord agree the credit application the tenanf f lled out when making the appication to tent said tenant is Jieeliy incorporated by reference and make a part of this rental agreement. Tenant further agrees if he/she has falsified any statement on the said application, Landlord has the right to terminate rental agreement immediately, and further agrees landlord shall be entitled to keep any security deposit and any prepaid rent as liquidated damages. Tenant will remove him or herself, his /her family, and possessions form the premises within 24 hours of notification from landlord of the termination of his lease Tenant further agrees to indemnify landlord for any damages to property of landlord including, but limited to, the cost of making residence suitable for renting to another tenant, and waives any right of "set off' for the security deposit and prepaid rent which was forfeited as liquidation damages. If the residence becomes uninhabitable by reason of fire, explosion, or by casualty, Landlord may, as its option, terminate rental agreement or repair damages within 30 days. If landlord does not do repairs within this time or if building is fully destroyed, the rental agreement hereby created is terminated. Tenant shall deliver possession of residence in good order and repair to landlord upon termination or expiration of this agreement. Landlord shall have the right of access to residence for inspection and repair or maintenance during reasonable hours. In case of an emergency, landlord may enter at anytime to protect life and prevent damage to property. Residence shall be used for residential purposes only and shall be occupied by the persons named in residence application to lease. The presence of an individual residing on the premises who is not a signatory on the rental agreement will be sufficient grounds for termination of this agreement. Residence shall be used so as to comply with state, county, and municipal laws and ordinances. Tenant shall not used residence or permit to be used for any disorderly or unlawful purposes or in any manner so as to interfere with other resident's quiet enjoyment of their residence. Landlord shall not be liable for damages t resident's property for any type for any reason or cause whatsoever, except where such is due to landlord's gross negligence. Resident acknowledges that he/she is aware that he/she is responsible for obtaining any desired insurance for fire, theft, liability, etc on personal possessions, family and guests. Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any time unless the prior written approval of the landlord has been obtained. Tenant releases the landlord from liability for and agrees to indemnify landlord against losses, incurred by the landlord as a result of (a) tenant's failure to fulfill any condition of this agreement; any damage or injury happening in or about residence or premises to tenant's invitees or licensees or such person's property(b) tenant's failure to comply with any requirements imposed by any governmental authority; and (c)any judgement, lien, or other encumbrance filed against residence as a result of tenants action. All remedies under this agreement or by law or equity shall be cumulative. If a suit for any breach of this agreement establishes a breach by tenant shall pay to landlord all expenses incurred in connection therewith. or Any notice required by this agreement shall be in writing and shall be delivered personally or mailed by registered certified mail. The landlord will make necessary repairs to the exterior with reasonable promptness after receipt of written notice for tenant. Tenant shall make all necessary repairs to interior and keep premises in a safe, clean and sanitary condition. The tenant will be responsible for fixing any repairs to the property that can be repaired for $50.00 or under for any other repairs the landlord needs to contacted. If the tenant removes or attempts to remove property for the premises other then the usual course of continuing occupancy, without having first paid landlord all monies due, residence may be considered abandoned, and landlord shall have the right without notice, to store or dispose of any property remaining on the premisses by tenant. Landlord shall also have the right to store or dispose of any of tenant's property remaining on the premises after the termination of this agreement. Any such property shall be considered landlord's property and the title thereto shall vest in landlord. Signs: Landlord shall not display any signs, exterior lights, or markings. No awnings or others projections shall be attached to the outside of the building. Locks: Tenant is prohibited from adding locks to, changing, or in any way altering locks installed on the doors. All keys must returned to the landlord of the premises upon termination of the occupancy. Entrances, walks, lawns, and driveways shall not be obstructed nor shall refuse, furniture, boxes or other items be placed therein by tenant. Parking: Non-operative vehicles are not permitted on premises. Any such non- operative vehicle may be removed by landlord at the expense of the tenant owning same, for storage or public or private sale, at landlords option, and tenant owning same shall have no right of recourse against landlord therefore. Storage: No goods or materials of any kind or description which are combustible or would increase fire risk or shall in any way increase the fire insurance rate with respect to the premises or any law regulation, may be taken or placed in the storage area or the residence itself. Storage in all such areas shall beat tenant's ri sk and the landlord shall not be responsible for any loss or damages. Nulls: No nails, screws, or adhesive hangers except standard picture hooks, shade brackets, and or curtain rod brackets may be placed in walls, woodwork, or any part of residence. Guest: Tenant shall be responsible and liable for an conduct or his/her guests. Act of guests in violation of this agreement or landlord's rules and regulations may be deemed by the landlord to be a breach by the tenant. No guest may stay any longer than 10 days without permission of the landlord: otherwise a $25.00 per day guest charge will be due to the landlord. Nosie: All radios, television sets, etc must be turned down to a level of sound that does not annoy or interfere with neighbors. Tenant shall maintain his/her own yard and shrubbery and furnish his/her own garbage cans/ bags. Landlord reserves the right of any time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above, as landlord shall, in its judgement, determine to be necessary for the safety, care, and cleanliness of the premises, for the preservation of good order or for the comfort or benefit of tenants generally. This agreement and any attached addendum constitute the entire agreement between the parties and no sufficient cause for eviction from said premises upon(3) days written notice thereof by registered mail or by personal service. If suit be brought to collect rent, damages or for unpaid utilities, to cause eviction from said premises, or to collect of repairs to or cleaning of said premises. Resident agrees to pay all cost of such action, including reasonable attorney fees as may be fixed by the court. No waiver by management at any time of any of the terms of this agreement shall be deemed as a subsequent wavier of the same, nor of the strict and prompt performance thereof by resident. All rent shall be sent to Candy Severance at 3254 Spring Road, Carlisle, Pa 17013 to arrive by the 1 st of every month. IN WITNESS WHEREOF, the parties hereto caused these presents to be signed in person the day and year first written above. LANDLORD -16-161 THE ONLY RESIDENTS LIVING WITHIN THE PREMISES WILL BE: James Felts, Angela Micklo, and Alexandrea Felts. CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant VERIFICATION I, Candy Severance, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 0'a-xt4 a. z__ Candy Severance 3254 Spring Road Carlisle, PA 17013 a , CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Candy Severance, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: Certified Mail, Restricted Delivery, Return Receipt Requested, and addressed as follows: ANGIE MICKLO 650 N. College Street Carlisle, PA 17013 Candy Severance 3254 Spring Road Carlisle, PA 17013 Date: `? CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant . IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 Q, C V Candy Severance ' R d `, r-? © a e C r) CZ0 3254 Spring oa Carlisle, PA 17013 +? Cz .c- CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW --OZ ZZ M, Go CM -? ANGIE MICKLO, NO. 10-6792 CIVIL TERM r- Defendant , ? ca ca C-j u > ;Tj CERTIFICATE OF SERVICE I, Candy Severance, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: Certified Mail, Restricted Delivery, Return Receipt Requested, and addressed as follows: ANGIE MICKLO 650 N. College Street Carlisle, PA 17013 Candy Severance 3254 Spring Road Carlisle, PA 17013 Date: 111 1 1 O CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN IA Plaintiff : CIVIL ACTION - LAW V. ANGIE MICKLO, NO. 10-6792 CIVIL TERM C= -' Defendant X a m r O IF ? PRAECIPE FOR ENTRYI OF DEFAULT JUDGMENT c?..a To the Prothonotary: Please enter a judgment of default in favor of plaintiff, Candy Severance and against defendant Angie Micklo for her failure to plead to the cross complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Plaintiff was served with the Praecipe'to Enter Rule to File Complaint and Rule to File on or about November 19, 2010. Plaintiff filed a complaint and mailed the Complaint via US Regular Mail and Certified mail on or around November 19, 2010 with an answer due on or before December 10, 2010. Attached as Exhibit "A" is a copy of Plaintiffs' Written Notice of intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by certified and regular mail to the defendant at her last known address on December 10, 2010, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment in favor of Plaintiff and against Defendant. C „ Candy S verance 2? 3254 Spring Road Carlisle, PA 17013 Date: J?o 1 O ?. $6°° " 01 Ll CANDY SEVERANCE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL. ACTION -LAW ANGIE MICKLO, NO. 10-6792 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing document, upon the following person, in the manner indicated: Service by US FIRST CLASS MAIL: ANGIE MICKLO 650 N. College Street Carlisle, PA 17013 Candy Severance 31254 Spring Road Carlisle, PA 17013 Date: jZ WQ -