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HomeMy WebLinkAbout10-7289:OMMONWEALTH OF PENNSYLV~ COURT OF COMMON PLEAS Judicial Districiy County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. [Q - ~~ ~9 NOTICE OF APPEAL i t /- - Z•o ! 0 Ra6.~2 sods v. ~ d E i ~~ ~o~u s H /~+' ~ S e%Cv i~c ~ DOCKET No. S1liNA OF APPE,LL,AnNT OR ATT ,~Q OR M'~ - 0~1 lJI - LT oOoO 5`Sl-'L®/o "`~' ~ /~ li rnis block will be signed ONLY wlLen flue notation is regLired under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal. when received by the District Justice. wip operate as a SUPERSEDFJIS to the judgmsM for possession in this case, Notice is given that the appepant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Distrid Justice on the date and in the case referenced below. was Clairrrant (see Pa. R.C.P.D.J. No. 1001(6) in balsa a District Justice, A COMPLAINT MIST BE FILED within twenty (20) days sitar tflwrg the NOTICE of APPEAL. s~rwno dAoMarbery dapb PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fi~nn to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. !F NOT t1SED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon rZr~ c, Y .~ , ~'4" '~"~ ~ appellee(s), b file a com piairrt in this appeal Nart-s d app~w(a) (Common Pleas No. /~ -- 7a 8 9 ~ )within twenty (20) days after service or n~le ar suffer en of ' try judgment of non pros. Slpnafuro orappslarMorsMornayQr yak RULE: To ~©~n ,~ ~w~~~ , appepee(s) Nsrn~ orappsRaa(a) (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 map. (2) N 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 map is the date of the maiNng. _ ~ ~., Date: ~~ • ~ / . 20 /~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTR'RANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -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 ao(o s; prt-~. 'R.~n.d S I~ __ C4w~ o N ~ I I (JA- ~ -7 ~. PROOF OF ~~CE; QF NOTICE QF APPEAL AMt? RULE TO FItE COMPLAINT (This proof of service MUST B~' ~ LEd W1 T1~J11 TE'N (f Q) DAYS AFTER fring of #h~r<t~o#r'ce ~r# ap~rChe~k-iprpl~ boxes.) COMMONII~IEALTH OF RENNSYLVANIA COUNTY O~ ` ; 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. 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) {rs~red) rra~il, sender's receipt attached hereto. ($1t~i~N).(AFFIRMED);AP,ID SUf3SGRi8~ED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of otriciai before wdbm aA4davif was mao~ Title ofol~siah My commission expires on , 20 ~` _. . , ~.1 ~~ ~"} `t7 ~ ~a C7 ° "'z7 'fT ...,, ~' ~ ~~ ~~ ~~ ~ ~ ~ ~ ~ ' ,~~ N -~ } COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone:. 717-774-5989 E & E Consulting Services 2010 State -Road Camp Hill, PA 17011 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction E 8~ E Consulting Services Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Robert Edwards Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Notice of Judgment/Transcript Residential .Lease Robert Edwards V. E & E Consulting Services. Docket No: MJ-09101-LT-0000551-2010 Case Filed: 10/26/2010 Yes No No No No No Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-LT-0000551-2010 Robert Edwards E & E Consulting Services Judgment for Plaintiff 11/08/2010 Judgment Summary Joint/Several Liability Individual Liability Amount Participant E & E Consulting Services $0.00 $392.50 $392.50 Robert Edwards $0.00 $0.00 $0.00 Judgment Detail ('Post Judgment) In the matter of Robert Edwards vs. E & E Consulting Services on 11/08/2010 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $725.00 Judgment Component JointJSeveral Liability Individual Liability Deposit Applied .Amount Costs $0.00 $117.50 $117.b0 Rent in Arrears $0.00 $241.00 $241.00 .Unjust Detention $0.00 $34.00 $34.00 Grand Total: $392.50 . MDJS 315A Page 1 of 2 Printed: 11/09!2010 1:25:57PM .: ,; „ . ., Robert Edwards Docket No.; MJ-09101-LT-0000551-2010 v E & E Consulting Services. 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' COURT OF THE COURT OF COMMON PLEAS; CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. 1N 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 ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENTINVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENTJN 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 QF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPTAS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICTJUDGES, IFTHE 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 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 DISTRICTJUDGEJF SHE JUDGMENT DEBTOR PAYS IN FULL, SETTLES~OR O'fFIERWiS~~(SM PLIES \IVITFf T~~~7~<~`b~hlf ENT. u i :~ ~~;,~*~ 11/8/2010 ~ Date MagisteriaLDistrict Judge Charles A. Clement Jr. MDJS 315A Page 2 of 2 Printed: 11/09/2010 1:25:57PM F1L,E0-Of` F FILE-OFFfCF OF TH PR0TH TA` Y O Tf?E PROT1'01?OTr, PY t. _ 2010 DEC Mf 1: 33 21110 DEC 13 AM 9. 1 cum ROBERT J. EDWARDS, V. 3E i? COUNT tr 7 Plaintiff e&e IT CONSULTING SERVICES, INC., Defendant RLAND COPNT`4, VtN 5Yt.VANIA } IN THE; COURT OF COMMON PLEAS OF CUMBERLAND } COUNTY } CIVIL ACTION-LAW } NO. 10-7289 Civil NOTICE TO DEFEND 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 34 South Bedford Street Carlisle, Pennsylvania 717-249-3166 Complaint ROBERT J. EDWARDS, Plaintiff v. e&e IT CONSULTING SERVICES, INC., Defendant } IN THE; COURT OF COMMON PLEAS OF CUMBERLAND } COUNTY } CIVIL ACTION-LAW } NO. 10-7289 Civil COMPLAINT NOW comes Plaintiff, Robert J. Edwards, to make the following Complaint against Defendant a&e IT Consulting Services, Inc.: 1. Plaintiff Robert J. Edwards (Plaintiff Edwards) is an adult individual whose residence is 178 Franklintown Road, Dillsburg, Pennsylvania 17019. 2. Defendant a&e IT Consulting Services, Inc. (Defendant a&e) is a registered and active Pennsylvania corporation with its principal place of business located at 2010 State Road, Suite 100, Camp Hill, Pennsylvania 17011. 3. Plaintiff Edwards is the owner of an apartment building located at 104 South Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 4. On or about June 1, 2010, Plaintiff Edwards entered into an oral agreement with Andy Masson, who was a duly authorized agent of Defendant a&e, to lease Apartment IA of the building located at 104 South Locust Street (Apartment Al) to Defendant a&e for the month of June, 2010, at a total cost of $725.00. 5. On information and belief Plaintiff Edwards avers that it is his understanding that Defendant a&e intended to use Apartment Al as a temporary residence for a client who was being interviewed for a position in the local area. This client's name is Danielle Keeline. Complaint 6. Ms. Keeline and her two daughters arrived at Apartment A 1 on Friday, June 4, 2010, stayed the night, and then left sometime on Saturday, June 5, 2010. Ms. Keeline apparently advised Mr. Masson that she desired to have Defendant a&e provide her with a more expensive temporary residence. 7. Mr. Masson then advised Plaintiff Edwards that Defendant a&e no longer wished to lease Apartment A L Defendant a&e did not pay any of the previously agreed upon amount of the lease. 8. In response to Defendant a&e's breach of the lease, Plaintiff Edwards immediately sought another tenant and mitigated his damages by leasing Apartment A 1 to another tenant, effective June 10, 2010. However, as the new tenant did not move into Apartment Al until Thursday, June 24, 2010, Plaintiff Edwards was responsible for paying utilities (electric and gas) from June 1, 2010, through June 22, 2010. 9. As a consequence of Defendant a&e's unjustified and unwarranted breach of its lease with Plaintiff Edwards, Plaintiff Edwards suffered the loss of two hundred seventy- five dollars ($275.00). 10. Plaintiff Edwards filed a civil action against Defendant a&e in Magisterial District Court No. MDJ-09-1-01, where he obtained a default judgment on November 8, 2010, in the amount of $392.50 ($241.00 for rent in arrears, $34.00 for unjust detention, and court costs of $117.50) at Docket No. MJ-09101-LT-0000551-2010. Defendant a&e has appealed this default judgment to this Honorable Court and has not paid any amount owed to Plaintiff Edwards. 11. In compliance with Pa. R.C.P. 1021 (relating to claim for relief; determination of amount in controversy), Plaintiff Edwards avers that the total amount sought, i.e., two hundred seventy-five dollars ($275.00) plus interest, costs and attorneys fees, does not exceed the jurisdictional amount requiring arbitration referral by local rule 1301-1 (relating to arbitration rules). Complaint WHEREFORE, Plaintiff Robert J. Edwards, demands judgment against Defendant a&e IT Consulting Services, Inc., in the sum of two hundred seventy-five dollars ($275.00) with interest at the rate of one per centum (I%) per month from June 1, 2010, costs of suit and attorneys fees. Respectfully Submitted, ROBERT J. EDWARDS Dated: -L- 1 C) -/ 0 Complaint VERIFICATION The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. §4904 (relating to unworn falsification to authorities). ROBERT ,1.E ARDS Complaint NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.nacourts.us. David Buelr Prothonotary Office of the Prothonotary Cum errand County, Tennsyfvania Jt -729 ORDER OF TERMINATION OF COURT CASES rkS. Sohonage, ESQ Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 • Suite100 • CarCisCe, TA • Phone 717 240-6195 • Fa.x 717 240-6573