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Home My WebLink About11-8472COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 1 I -<? y7a 0/- ril 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 Magisterial District Judge on the date and in the case referenced below. mAU. uis i . No. NAME OF MDJ Capital Asset Property Management, LLC 09-3-01 Brenda M. Knepper 2000 Powell Drive Chambersburg PA 17201 uH i t Ur' duuUMtN i IN THE CASE OF (PlaintiM (Defendant)' October 13, 2011 Capital Asset Property Management, LLC VS John LoNstreet CV-0000229-2011 This block will be signed ONLY when this notation is required dP R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. If Pa. R. C. P. D.-d' No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fofm to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellees) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 "vt 3i "„CEtt E?dU COUtl i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Brenda M. Knepper Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Capital Asset Property Management 2000 Powell Drive Chambersburg, PA 17201 Disposition Summary Docket No MJ-09301 -CV-0000229-201 1 Defendant Plaintiff Asset Property reet Management Notice of JudgmentlTranscript Civil Case Capital Asset Property Management V. John Longstreet Docket No: MJ-09301-CV-0000229-2011 Case Filed: 9/20/2011 Disn? Disposition Date Judgment for Defendant 10/13/2011 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 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 DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 14 10c "Y"'; l? Date Magisterial District Judge Brenda M. Knepper°? copy of the record or the orocP_P inns enn4?nnn t o ... -__ Date Magisterial District Judge Brenda M. Knepper MDJS 315 Page 1 of 2 Printed: 10/13/2011 3:46:21 PM Capital Asset Property Management V. John Longstreet Plaintiff(s) Capital Asset Property Management 2000 Powell Drive Chambersburg, PA 17201 Defendant(s) John Longstreet 742 Florida Ave York, PA 17404 Participant List Docket No.: MJ-09301-CV-0000229-2011 MDJS 315 Page 2 of 2 Printed: 10/13/2011 3:46:21 PM IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ._, CAPITAL ASSET PROPERTY MANAGEMENT, LLC Plaintiff V. JOHN LONGSTREET Defendant r" ? 7 C:3 NO: 2011-8472 y C Ca -' : CIVIL ACTION - LAW PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.2011-8472, upon the Magisterial District Judge designated therein on (date of service) November 15, 2011, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) John Longstreet, on November 15, 2011 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 15th DAY OF November, 2011 Si ature of offici before whom atltd it was made r Sig ure o ffiant Nancy H. eyers, Esqu Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 Title of official My commission expires on December 19, 2011 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Er* C. Wyers, Notary Pty* Chembersburg Wo, FrarNin County My Cwa** n E*u Oft 191 2011 Msrnbor, Pennsylvania Association of NOW 49 Postal CERTIFIED MAIL R ECEI PT (Domestic Only; No Insuranr e • s' Provtded? rU IT' Postage $ Certified Fee i ni Postmark D Return Receipt Fee -- Here C3 (Endorsement Required) Restricted Delivery Fee C3 (Endorsement Required) CO Total Postage & Fees r-3 C3 Sent TO I3 Street, Apt. No.; or PO Box No. 1 .................... --- r i -------- L. .... .............. i cry were, Z1P?4 - 7- r--7 F F ca ra O Fee (End Required) M Restricted Dei"wery Fee (Endorsement Required) p ? Total Postage & Fees p I t ,fix No.: -7t, or PO Box No. Er Postage J] Cattified Fee i 4 \ i 1 r r f?' , 0" co -0 0 0 O O rq rq m rq rq a N • ? o N Q•i y Q Z w ? j } i z C J Z LLJ 94. 0 - rn M ?m w w m a Vo C) U J CU N cu t-, io+ O a ?I CI. >o r- , e ?;i-a .?ViRw .n ru ru C3 ....... ru -? ru C3 Q O 0 N Cc) Q N • o V N z w ? J Z Z w d CL At (D rn M ?m w m Q U S-r Q? Y LO cu V) ^¢ M Q? W WQ) to U C) Im GIMV?] IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ASSET PROPERTY MANAGEMENT, LLC Plaintiff : NO: 2011-8472 • C-) V N 4?:T -: . CIVIL ACTION - LAW MCO -WM JOHN LONGSTREET frt Defendant <° -v a-i Dn PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM ? =C .? =-. n n AND NOW, comes the Plaintiff Capital Asset Property Management, LLC, by and through their counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Reply To New Matter and Counterclaim: REPLY TO NEW MATTER 21. Denied. A fully executed valid lease agreement exists between the parties, as evidenced in part by Defendant's admission of same in his letter dated June 29, 2011 (attached to Plaintiff s Complaint as Exhibit B). 22. Denied. 23. Denied. 24. Denied. Although at the time the contract was entered into, the Defendant was a student at Shippensburg University, being a student at Shippensburg University was not a condition precedent of the Lease Agreement. Therefore, Defendant's failure to remain a student at Shippensburg University did not relieve Defendant of his obligation to perform under the contract. It merely gave the Plaintiff the option of terminating the lease agreement, which Plaintiff did not do. 25. It is admitted that the Defendant provided the letter attached as Exhibit B to Plaintiff s Complaint to the Plaintiff on or about June 29, 2011. 26. Denied. Plaintiff had no legal or contractual duty to mitigate damages caused by Defendant's breach. 27. Denied. Although Plaintiff had no legal or contractual duty to mitigate damages caused by Defendant's breach, Plaintiff did include the Defendant's apartment on a list of vacant units which is made available to students who need last-minute housing. A. Although it is admitted that Plaintiff could have leased the premises after Defendant's breach, Plaintiff had no legal or contractual duty to do so. B. It is admitted that the apartment that Defendant leased has remained and continues to remain vacant during the term of Defendant's lease. However, as previously stated, Plaintiff had no legal or contractual duty to mitigate damages caused by Defendant's breach. 28. Denied for the reasons set forth in Plaintiff s responses to Paragraphs 26 and 27. 29. Denied. Plaintiff is entitled to all sums due under the lease. Further, the installment payment for the Spring semester was due on November 1, 2011 pursuant to the terms of the lease. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Two Hundred Twenty-Eight Dollars ($4,228.00) together with costs in connection with this action. REPLY TO COUNTERCLAIM 30. The averments in Plaintiff s complaint and responses contained in Paragraphs 21 through 29 of Plaintiffs Reply are hereby incorporated as if fully set forth herein. 31. Denied. Defendant paid to Plaintiff a non-refundable reservation fee in the amount of Three Hundred ($300.00) Dollars. Pursuant to the lease, said reservation fee was forfeited by the Defendant when he breached the terms of the lease. 32. Denied. 33. Denied. 34. Denied. Any fees and costs allegedly incurred by the Defendant are solely the result of his breach contractual obligations under his lease with the Plaintiff. 35. Denied. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Two Hundred Twenty-Eight Dollars ($4,228.00) together with costs in connection with this action. HES, P.C. By: 1? 1 1 1V, LJli lAllAttorney I . o. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: December, 2011 Attorney for Plaintiff VERIFICATION I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: Capital Asset Property Management, LLC John T. Hoover, III CERTIFICATE OF SERVICE I hereby certify that on the - day of I 201 4 , I served a true and correct copy of the foregoing document via United States mail, first class, postage prepaid, on the Defendant's attorney of record, addressed as follows: Bruce C. Bankenstein, Esq. Manifold & Bankenstein 48 South Duke Street York, PA 17401 Respectfully submitted, B3 SALZMANN HUGHES, P.C. IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA C-) CAPITAL ASSET PROPERTY MANAGEMENT, LLC Plaintiff V. JOHN LONGSTREET Defendant rnCD zrn ;0 NO: 2011-8472 _z `? 5; CIVIL ACTION - LA JOINT PRAECIPE TO DISCONTINUE To the Prothonotary: rl.l a CA 77 d c) n Please mark the above-captioned matter settled, satisfied and discontinued. Date: 1 - ,)- Date:: - _-?2 9 - /a 4: , C? a4 SALZMANN HUGHES, P.C. anc ers, Esquire + Attorney No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Attorney for Plaintiff MANIFOLD & BANKENSTEIN Bruce C. Bankenstein, Esquire Attorney I.D. No. 27025 48 South Duke Street York, PA 17401 Attorney for Defendant