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HomeMy WebLinkAbout12-2300a306 IN THE COURT OF COMMON PLEAS OF CUAMEgL4*0 COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. i;; s7X7-6 BF 106-A-k 1, In • e94 wEz-2.._ C/o rt hcEY 4- VV1e1 Gt'7- Plaintiff 3&2-1 N0 z rt Fk„ vT S'` gc-6 1- ?*gi4s guk'(s,, eA 1-7110 No. qq 5q s,MPsaj fe 9 D , r Z IVIW 16S gu)eG 005-0 Defendant . r TIM ?. Z r PETITION TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: The Petition of K--,--v rN S'i`nk - respectfully represents: 1. I am the 1 6-F&KhAW -r in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: 4VIN S70 -K- Address: ttV 4 .SAPS API Fi ? j#21 MC-eitt rICM URG P/A l W56 Soc. Sec. No.: ) `??- by-63 9 ? 1 (b) Emyloyment--IJf you are presently employed, state Employer: N // Address: Iq /? Salary or wages per month: /J r/f Type of work: N 1A --If you are presently unemployed, state Date of last employment: 200 ?? C?.2 FG I VE/Z? UNP? l Salary or wages per month: /(//A Type of work: M CA I CA L C A-9661 V4C 602 T6,X4 &4 GG y I.` X o7-# C-/Z (c) Other income within the past twelve months / Business or profession: _' 0 Other self-employment: -- Interest: -- O Dividends: - d Pension and annuities: 0 Social security benefits: -? 0 Support payments: -- 0 Disability payments: 4 Workman's compensation: d Public assistance: r Q Other: U (d) Other contributions to household sunuort Spouse's Name: N/ f} If your spouse is employed, state Employer: q 1A Salary or wages per month: ?/ Type of work: NIA Contributions from child(ren): N//4 Contributions from parents: Other contributions: t f / (e) Prope owned Cash: () Checking account: C' Savings account: Certificates of deposit: Real estate (including home): d Motor vehicle: 0 (?/A Make: ; Year: Cost: ; Amount owed: Stocks: Q Bonds: 0 Other: RUw i-ruf-E ) CLD T/f JA16 ) SCHooL 5611PAIES, 4?0af-S, (f) Debts and obligations Mortgage: Rent: 4 5 rl 5 Loans: U Other: Electric Il, 3 1 Water C) Telephone -"qD -"$/OD pEC?,?sc b f4 1) 2"K6-R 5 Rfl- J S C0 l1-f--CTW6 F96Nl Mrs EYEN f ttou6(f Acrr, wAS H6R51, Cable 0 Credit cards d Auto Insurance ?WHEd R E19 5V-?E Gasoline $2'00 CWkEN VC--NICLE AYA1L,48L 6-? no (?iAa r(c) /?ENAG ?tL/-, . Food 3 (g) Persons dependent upon you for support Spouse's Name: P?r 1A Child(ren), if any: Name(s) and age(s): Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date Petitioner Department of the Treasury-Internal Revenue Service Form Income Tax Return for Single and 1040EZ Joint Filers With No Dependents 2011 OMB No. 1545-0074 Your firs name and initial ' Last name S H Your social sec city number ` e r e, t a A7 If a joint return, spouse's first name and initial Last name Spouse's social security number street). If you a P.O. box, ee structions. Homlp address (n b1 Apt. no. . Make sure the SSN(s) 7i 3 above are correct. City, tqkvn opost Mice, state and IP ode. I ou have a t pac below (see instructions). ss, also comple Presidential Election Campaign IVI r te r g C5 0 Check here if you, or your spouse f filing i jointly, want $3 to go to this fund. Checking Foreign country name Foreign province/county Foreign postal code a box below will not change your tax or refund. ? You ? Spouse Income Attach Form(s) W-2 here. Enclose, but do not attach, any payment. Payments, Credits, and Tax 1 Wages, salaries, and tips. This should be shown in box I of your Form(s) W-Z. Attach your Form(s) W-2. 1 2 Taxable interest. If the total is over $1,500, you cannot use Form 1040EZ. 2 0 O 3 Unemployment compensation and Alaska Permanent Fund dividends (see instructions). 3 O 4 Add lines 1. 2, and 3. This is your adjusted gross income. 4 6 S If someone can claim you (or your spouse if a joint return) as a dependent, check the applicable box(es) below and enter the amount from the worksheet on back. ? You ? Spouse If no one can claim you (or your spouse if a joint return), enter $9,500 if single; ??O © ?? $19,000 if married filing jointly. See back for explanation. 5 (3 subtract line ) trom line 4. It line J is larger man line 4, enter -u-. This is your taxable income. 7 Federal income tax withheld from Form(s) W-2 and 1099. 8a Earned income credit (EIQ (see instructions). b Nontaxable combat pay election. 8b 9 Add lines 7 and 8a. These are your total payments and credits. 10 Tax. Use the amount online 6 above to find your tax in the tax table in the instructions. Then, enter the tax from the table on this line. ? 6 7 8; ? 9 10 Refund I la If line 9 is larger than line 10, subtract line 10 from line 9. This is your refund. If Form 8888 is attached, check here ? ? I la nuvc It wrccuy deposited! See instructions and lo. b Routing number 10- c Type: El Checking ? Savings fill in l lb. I Ic. and I Id or d Account number Form 8888. ? Amount 12 If line 10 is larger than line 9, subtract line 9 from line 10. This is You Owe the amount you owe. For details on how to pay, see instructions. ? 12 O 0 0 0 Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? ? Yes. Complete below. No Designee Designee's Phone Personal identification name ? nn. ? number (PIN) ? Sign Under penalties of perjury, I declare that I have examined this return and, to the best of my knowledge and belief, it is true, correct, and H accurately lists all amounts and sources of income I received during the tax year. Declaration of preparer (other than the taxpayer) is based ere on all information of which the preparer has any knowledge. Joint return? See Your sign ture Date - L Your occupation Daytime phone number J instructions. -2 3 A;? ( e#I Keep a copy for Spouse's signature. If a joint return, both must sign. Date Spouse's occupation If the IRS sent you an Identity Protection your records. PIN, enter it here see inst. Paid Print/Type preparer's name Preparer's signature Date Check El if PTIN Pre arer self-employed p U O l Firm's name ? Firm's EIN ? se n y Firm's address ? Phone no. For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. Cat. No. I I329W Form 1040EZ (2011) / .2 - "2- 30o L (-u t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Estate of Pearl M. Prowell V. Kevin Stark MOTION FOR LEAVE TO APPEAL NUNC PRO TUNC PLAINTIFF : Estate of Pearl M. Prowell (formerly of 4934 Simpson Ferry Rd, Mechanicsburg, PA 17050) 3 c/o Placey & Wright =? } 3621 North Front Street ' Harrisburg, PA 17110 DEFENDANT : Kevin Stark 4934 Simpson Ferry Rd, Apt. #2 Mechanicsburg, PA 17050 This Motion is being filed in order to present the extenuating emergency circumstances and handicaps which prevented Defendant from completing Appeal process regarding above Recovery of Real Property Judgment. The same limitations prevented Apartment from being cleared in 30 days, which is primary reason for Possession Judgment. 1. I , Kevin Stark, am the Defendant in the above matter and currently reside at 4934 Simpson Ferry Rd, Apartment #2, Mechanicsburg PA 17050. This has been my permanent and legal address since signing long-term lease with Prowell and Diller families in October 2009. 2. Defendant, Estate of Pearl M. Prowell, who is also my Landlord, is being represented by the law firm of Placey and Wright, 3621 North Front Street, Harrisburg PA 17110. 3. Due to severe financial hardships related to medical conditions, I had no active legal representation or knowledge of the Hearing procedures. Pro Bono legal services were not available for court appearances dealing with Landlord / Tenant issues. 4. I have not had the opportunity to plead my case to the Court in this situation. The RECOVERY OF REAL PROPERTY HEARING was held on March 20, 2012 in presence of the Honorable Paula P. Correal, Magisterial District Number MDJ-09-3-04. Judgment attached. The hearing was held during a time of severe health symptoms related to my medical conditions. I mentioned this in phone call to District Justice office prior to arriving at hearing, and during the limited discussions of the abbreviated proceedings my inability to function and represent myself was mentioned. I have a valid defense to allegations and documentation to prove it. There were NO reasonable accommodations offered by landlord, even of a temporary nature, which were offered to other tenant. The other Tenant had legal counsel present at above mentioned hearing. 5. Attempt was made to file Appeal in the Court of Common Pleas on March 30, 2012. With my severe medical complications, aggravated by the shock of receiving such a judgment, as well as limited transportation not being able to drive a vehicle, I was not able to get information together and physically get to Carlisle, PA that week until March 30. I had no legal counsel retained for preparation of paperwork. In fact, I had the erroneous belief that the 10 day period started upon actual receipt of Judgment Order (March 23 in USPS Mail.) Upon presenting the Appeal form to the Prothonotary Office prior to the 4:30 closing time on March 30, I was told that it could not be accepted as completed. Not realizing there was a time clock, I proceeded to add more information to form. That is when I heard a `click' and was informed that everyone was going home, the office was closed. 6. The Court is humbly asked to grant the permission to file the appeal late. The purpose is to present all information and documentation, and negotiate a reasonable time period with landlord to move out. This was done for the other tenant, Bright Benkula. 7. I also ask that the Court allow me to pay the current April rent and remain in apartment while awaiting decision. I have no family or friends to stay with, or the financial resources to immediately or quickly move. Progress is being made in removal of my personal belongings including deceased mother's items, and I am actively searching for a new apartment. This summarizes my difficult situation, with many more handicaps and lack of family support network making my circumstances extenuating. I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904 relating to unworn falsification to authorities. njl ALL/ Da a Petitioner COMMONWEALTH OF PENNSYLVANIA Receipt COUNTY OF CUMBERLAND N6 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 Payor: Kevin Stark 4934 Simpson Ferry Rd Apt 2 Mechanicsburg, PA 17050 Payment Source: Mail Receipt Number: 09101-2012-R0000606 Recorded Date: 02108/2012 8:48:36AM Receipt Date: 0210812012 Manual Receipt No: Payment Date Payment Method Check / Money Order Bank Transit Number Void Payment Number Amount 2/8/2012 Money Order 14-415498008 No $70.0 Responsible Participant: Stark, Kevin _-- - ------ "~ ?"- -- -- Docket Number: MJ-09101-TR-0001219-2011 Comm. v. Stark, Kevin Complaint/Citation Number: B 8278457-5 Lead Offense: 75 § 1786 §§ F - Oper Veh W/O Req'd Financ Resp Total amount owed by responsible participant on I non-archived cases in this Court for Participant Account No 1042- 646: ' . r'OY I I laity IJUI t 111161 Y. Total Payment Received: $70.00 Change Amount: $0.00 Retained Unapplied Amount: $0.00 Payments Less Change: $70.00 Comments: If left in mailbox Next 10 Paymen#'Plan No Date Due Amount Due 09101-411-P0001256 03/12/2012 $35.00 gW15 GCT?, ld CAU-56h ?V6J6 A-417 // ?e(VIA16 dF 1-0Lba CL- OUF ?(p(/65T bP-W96 ,OVtL66ES Pv1tZ- TH/5 MDAITff. RETAIN THIS RECEIPT FOR YOUR RECORDS You can make case payments online through Pennsylvania's Unified Judicial System web portal. Visit the portal at httpJ/ujsportal.pacourts.us to make a payment. MDJS 120 1 Printed: 02/08/2012 8:48:38AM DAUPHIN CAO 2432 NORTH 7TH STREET PO BOX 5959 HARRISBURG, PA.17110-0959 1 787 2324 " 111111 1M 1 CO RECORD NUMBER'-' ' CAT CSI. DIST RECORD NAME DATE 17pu-CANTJRECiP1ENT NAME 7RKER7 This form is to be Completed for the applicant/ dPient who ? reqwres medication that allows Me person to' be employable. or cor 'sue w?Vemplbofferit AU items 1n'7liis etc 'onn muffs `be copTete?dby a Iic?ense? pies ier anasigne by o e physician and applicant/radpient Does the applkanUrecipkwA need hee)th.euafaihing medlcafioi ?.. ` • O Nd K no, you do not need to enter any further in(ormetlon. Just sign to. If as, complete the following information. Dlagnctsis. G Medication(s) the APPU ECIPIENT to hamd an the diag . Explain why the APPUCANTiRECIPIENT cannot wdrk In any e! witixu this medication. Please be sp V MEDICAL PROVIDER: TELEPHONE NUMBER -- -71 ADDRESS: 1 SIGMA71M DATE I HEREBY AUTHORLZEALL MEDICAL PROVIDERS, INDIVIDUAL OR FACILITY OF WHATEVER TYPE. INCLUDING MENTAL HEALTH AND DRUG OR ALCOHOL TREATMENT TO RELEASE ALL MEDICAlXLINICAL INFORMATION TO THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE (DPW) WH1Ci4 RELATES TO MYABILITYTO WORK ' X r-SM4TURQ PRW7W M"e OATS PURLIC ASSiSTANCEAPPLJCANTJRECIPBNT See Reverse Side For Iratrucdm _Tj? PA 1671 (SC'), 04105 r The information[ on this form. will be Used by DPWto make an assessment &-your patient's qualiflcatton for - GA benefits or an exemption from TMF work, requirements based on his or her-inability to work. Please complete this section based on your evaluation of the patient's statement in Section I, your examination of the patient, and your use of other medical procedures: EMPLOYABILITY (Check Only One) F-I PERMANENTLY DISABLED -Hasa physical or mental disability which permanency prestal-S -7 a?• - 1 . employment The patient is a candidate for Social Security Disability or SSI. 2. PERMANENTLY DISABLED - Has a physical or mental disability which permanently precludes any gainful - ' - empooyment. The-paten[ is a candidate fo?'Sociai Security Disability or 5S1. The temporary disability began and is expected- to last until --- .J DATE DATE The patient may be a candidate for Social Security Disability or SSI benefits. TEMPORARILY DISABLED - LESS THAN 12 MONTHS - Is currerrtly disabled due to a temporary condition as a result of an injury or an acutee condition and the disability temporarily precludes any gainful employment. 4d is expected to last until 4 began 1 disabilit 3/ Th __ _. - y e temporary - DATE DATE 4. EMPLOYABLE - The patient's physical and/or mental condition is such that he or she can work. EXAMINATION RESULTS: (Both parts of this Section Must Be Completed If #t or 412 above is Checked If not completed, the client will be Ineligible for GA or will not be exempt from TANF work requirements.) 1. DIAGNOSIS (Primary an /Se?conndary): PRIMARY: _ t SECONDARY„ V " 2. ASSESSMENT BASED UPON: (Check all that apply) A. PHYSICAL EXAMINATION D. APPROPRIATE TESTS AND DIAGNOSTIC PROCEDURES J B. REVIEW OF MEDICAL RECORDS V OTHER (Specify) C. CLINICAL HISTORY AS A LICeISED MEDICAL PROVIDER. I CERTIFY THAT I HAVE READ AND COMPLIED WITH THE ATTACHED INSTRUCTIONS I FURTHER E . AND THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDG ENT ARE BASED SOLELY ON THE PATIENTS CONDITION AS, DETERMINED BY CERTIFY THAT MY DIAGNOSIS AND ASSESSM Y DIAGNOSIS AND SUPPORTING DOCUMENTATION MAY BE SUBJECT MY EXAMINATION. I UNDERSTAND AND AGREE THAT M TO REVIEW BY THE DEPARTMENT OF PUBLIC WELFARE ' :1 DICAL PROVIDER: TgEPHOJ`?E NUMISEft Z - ?1y-7 -t?-i Z a, S 1-t . L ADDRESS: I . n-7 -Ito 697 f' ATE PA 1663 • 1 t •J3 TURF _'EDICAL A.B3I.STA1 4rF PROVIDFR NO m x c ,; 'o Z v, W m per 0 om_n -{ rr.- m m j Z?33 c r H n T -_i ^ N ??Q N mvm z V ? ova) m : c DK.M rr- uci z vmi n n z xzz a1 w V?? 70t?mo G m 9Q?3 oc'm ?mZ' 2 n v? m nmUl M m M>yz Z5 _:° v RXS20100610-135360 40P o-+Z Cc m0 oo mmo :? mm O -., ?Q CWI z OMD m m M rrccnz K <-1v cn ZDD c+Z z m z? mZO mold ,Zm >m m0ro rim- Dm W ?10 Fm m r n ? r m+ r ti ftC 1 U H m m z a 1 ^- 0 n 5D V ? C RXS20100610-135360-40P QTW (' v _j w °--no ?s' Gmail - Apartment Inspection file:///G:/Gmail%20-%20Apartmerri%o20InspectiorLhtm Please do not rush to judgment in my case, my situation is completely different than that of Tenant #1. The wishes to end Ms. BenkuWs lease were known. The last time I talked to Pearl, she supported my staying on at least until I could get back on my feet and find another place. That is the fair thing to do, and the right thing to do. Hide guaed tent - Thank you for your understanding, Kevin Stark Apt. # 2 4934 Simpson Ferry Rd Mechanicsburg PA 17050 On Tue, Dec 20, 2011 at 9:17 PM, Debra Diller <debra.diller72(a,gmai1.com> wrote: Kevin, I have arranged to be at your apartment for the inspection on Wednesday, Dec. 28th @9:00 AM. Please understand that no change in this date will be made. Have a nice holiday. Debbie Diller Sent from my iPhone On Dec 20, 2011, at 4:42 PM, Kevin Stark <kstark7777 ,gmail.com> wrote: Hello Deb, I can empathize with your situation. At least you have a wonderful support network in your family to help deal. with your losses. I admire the strong family values you seem to have, and it was most certainly part of the success for the long marriage of your parents. I only hope that one day I can be as lucky as your mother and father to build such a successful partnership of my own. But first I need to get organized and complete my education. The number of medical errors made at Holy Spirit Hospital regarding my mother has made it especially hard for me to forget what happened in her case. But I must focus on myself at this point. Will be starting a new job in January and hope to be settled completely in the apartment by that time. s _ 1 am still g and arranging furniture and belongings in the apartment, e? and was not feeling 100%T° the_past few weeks 1 will be very difficult to have anyone in. Could we please reschedule for the next week, sometime between 12/26 and 12/30 ? You can text me at 717-329-6436_ or reply here. This email is checked 1 or 2 times weekly, phone every day. Thank you and best regards as always, Kevin Stark Apartment #2 3 Gmail - Apartment Inspection file:///G:/Gmail%20-%20Apartnient%20lmpection.htm sometime between 12/26 and 12/30 ? You can text me at 717-329-6436 or reply here. This email is checked I or 2 times weekly, phone every day. Thank you and best regards as always, Kevin Stark Apartment #2 On Thu, Dec 15, 2011 at 1:40 PM, Debra Diller <debra.diller72na,gmail.com> wrote: Kevin, Thank you for you patience with the apartment inspection. This has truly been a difficult time for my family. We are planning to move ahead with apartment inspections and would like to schedule yours for 9:00 AM on Wednesday, December 21st. Please confirm. Thank you, Debra Diller. Sent from my iPhone Reply to all Forward Print I Delete I Show orix m f Kevin Stark <kstark7777@gmail.com> To: Debra Diller <debra.diI1er72@gmail.com> Cc: Kevin Stark <kstark7777@gmail.com> Re I RePty to all I Forward I Print I Delete ( Show orwnal Mon, Mai --Hide guoted text - (Attaching this new message to previous email in which I mentioned health problel Hello Debra and family, I am contacting you here since you provided this email and telephone number for emergency contact. This qualifies as an emergency. I am NOT being represented by an attorney at this time and would like to speak directly to the decision makers in this situation. One human being to another - please let us agree to a reasonable move-out date without going through the court system. As you know, that would create negative public records and make my search for another apartment even more difficult than it already is. I have NO other family in area that I could live with. All other grandparents, aunts, uncles, etc are deceased. And contrary to family opinion, I received NO inheritance after the slow, painful, and traumatic death of my mother. The proceeds of house sale were used to pay mortgages, bills, and repairs. I was not involved in the finances, other than supporting my mother and paying many of her bills with my OWN funds. 1 cared for her 15 years without compensation because I am a kind, compassionate person and could not bear to see her suffer in a nursing home. I worked multiple part time jobs in order to have flexible hours being on call 24 hours a day when she needed something. Currently in Career Transition to a regular daytime job. That is also a slow process since my skills are not transferrable to most other Gmail - Apartment Inspection file:///G:/Gmail%20-%20Apartment%20htispection.htm careers. In any case, I have paid the rent on time with the exception of a few times where online bank account deductions and fees caused temporary checking account shortages, corrected in a timely manner. I hope that your family can show some compassion and understanding of my situation. I am a Christian and do not believe in excessive use of lawyers, but if this is forced into court proceedings I plan to vigorously defend my rights and appeal any unfavorable decisions. Please let us come to agreement now. The District Justice decision for tomorrow, March 20, can be postponed if they are notified that we will be making private arrangements. Anyone I have talked to does not think that 30 days was enough time to liquidate boxes that took over 2 years to move into apartment. I have real and tangible health conditions which are being aggravated and worsened due to the stress and anxiety of potentially being homeless, as well as the shocking manner in which notice was made. Without major medical insurance, these bills and treatments could be in the tens of thousands of dollars. Attorney Placey is only following your instructions, which cannot be entirely based on fact since no one in the family knows my situation. I was never allowed to explain my handicaps. Mr. Snyder so eloquently stated "Talk to the Hand" as I started to offer a reasonable solution and timeframe to complete the tasks you requested. Understandably there was disappointment with tasks not all being done, but surely there are options to discuss. My doctors agree that had I attempted to move 50 years of personal belongings from a 1000 square foot second floor apartment in just 30 days, I may have suffered a stroke or heart attack, as well as other potential negative health effects. Only other legitimate issue is my mother's PPL bill which is currently being settled. The temporary PPL shutoff last year was illegal and premature. It was NOT any type of safety concern since the ambient temperature in my 2nd Floor apartment is always at least 55 to 65 degrees even with no heat on in winter. Videos of thermometers in rooms during this time available. So I humbly ask that we discuss a move out date over the summer, which allows reasonable time to locate, apply, and be approved for another apartment. With medical treatments, I will also be able to start the regular daytime job and move forward with my life. I am FULLY WILLING to sign legal documents setting a firm end date of temporary month to month lease. Being homeless is a setback that I will not be able to endure. I will also fully support the eviction of the problem tenant in Apt. #1, Ms. Benkula. Her slander, libel, and overall negative attitude towards others is well documented. As you know from the files that Ray and Pearl kept on all tenants, Ray did not believe that anything she said should be taken seriously due to her frequent and nonsensical complaints for no valid reason. Documented in other ways, but I have chosen to remain silent to keep the peace in the building. That is part of being a good neighbor, and a good tenant, something Ms. Benkula may never understand. P.S. I caught Ms. Benkula keying into my apartment on several occasions when she thought I was not home. If she has my keys, she most likely copied keysfrom the unlocked workshop where it was common knowledge Ray kept spare keys. (That is why I expressed my concern of leaving workshop Open and Unlocked in letter of concern when moving in Oct. 2009. Since this is an immediate threat to my safety and the safety of my belongings, I will need to get new key for (ONLY) the rear door deadbolt. Main (Front) entrance and Rear doorknobs remain the same, and you have those keys. Ray stated that I could keep the deadbolt key, but in the interest of landlord-tenant relations I will also provide this key to you. Will be placed in rent dropbox in the morning. PROWELL RENTALS 4934 Simpson Ferry Road Mechanicsburg, PA 17050 ? 1S November 8, 2011 ?pr7? - I 1 JJ `` Kevin Stark 4934 Simpson Ferry Road Apartment 2 Mechancisburg, PA 17050 Dear Kevin: It has become necessary for the tenants of all the rental propertie to sign new leases. ese leases will take effect January 1, 2012, however, prior to signing - be an inspection of all properties. Please contact Debra Diller at debra.diller7264gmail.com by November 30th to arrange for a mutually agreed upon time to conduct this inspection. If no contact is made by this date you will be provided an assigned date and time for the inspection and it will occur with or without your presence. Please note that the boxes and other items in the entries is a violation of the fire code. Please have things belonging to you removed by November 15th. Thank you for your cooperation in this matter. In the future, any concerns regarding your apartment should be directed to Debra Diller at debra.diller72(a)gmail.com. Should an emereency situation arise, contact Debra at 717.364.6764. Thank you in advance for your cooperation. Sincerely, Pearl M. Prowell Debra P. Diller REFERENCE FOR KEVIN STARK I , Ck-,? Gd? , former resident of Apartment # 3 at 4934 S' son Ferry Rd, Mechanicsburg PA 17050 would like to tell my experience in living with Kevin Stark as a neighbor. I was a resident of the property from the time Kevin moved into Apartment # 2 in October 2009 until my transfer to Emeritus of Creekview in late summer 2011. Almost 2 years as neighbor directly below Kevin in Apartment building. During that time, I had no problems whatsoever with Kevin. He was respectful to all, courteous, helpful, and kind to everyone he met. Kevin was very quiet, no noise problems, no loud music, no frequent visitors, and even made a point of closing doors very quietly. Unlike tenant # 1 Ms. Benkula, who was negative towards most people for no apparent reason, Kevin was very kind and positive with all people at property. Kevin lost his mother recently and seemed to be dealing with other problems but he still tried to be a good neighbor. And a good person. I think Kevin should be given a chance to get back on his feet. The 3 apartments are set up as rental units. If the Prowell family wants to move into property they can always use the vacant house. This reference sums up my thoughts on the matter and may be shown to anyone who has questions of Kevin's character. Name : et 1?? Date : 7 Witness : / 4M.-/eV&4/ 3-7-IZ TM OP PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /_7 - 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. 144 7-3-0q, huh? P. (lerreall 170A kan i4 STATE /?#5D OF ? 0 Apt $? crrY ec DA: GAT" APGMERT IN THE oF( -a r Ali_07.30q_L_T_0000031-a01;L This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SON*-daoa-n Wy-D.puy appellant was in action before a Dfshict Justice, A COMPLAINT MUST BE FILED within twenty (20) days after M*V the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon S appellee(s), to fie a complaint in this appeal Name Of DA"N a(s) (Common Pleas No. Z a?..3 &'J; L ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Slgnarua of aPP~ or aflo"W or sgM RULE: To `L(TINS afee(s) MUM dappeff"Z) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 12,- SOW- of P-d-WtWy - Do" YOU MUST INCLUDE A COPY OF THE NOTICE'OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Trans i cr pt Residential Lease Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correal Estate of Pearl M. Prowell Address: 5275 East Trindle Road V. Suite 110 Kevin Stark Mechanicsburg, PA 17050 Telephone: 717-697-2201 Kevin Stark 4934 Simpson Ferry Rd Apt 2 Mechanicsbur PA 1 Docket No: MJ-09304-LT-0000031-2012 g, 7050 Case Filed: 3/9/2012 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of evicti Yes on. Disposition Summary No Doc---key Plamttff Defen an MJ-09304-LT-0000031-2012 Estate of Pearl M. Prowell Kevin Stark Disposition D Judgment Summary 01 Judgment for Plaintiff 03/20/2012 Elmd2w Jolnt/Several Liability Individual ia Estate of Pearl M. Prowell bilih Kevin Stark $0.00 Am$0 $0.00 $0 00 $0.00 $1 Judgment Detail ("Post Judgment) . . 32.37 $132.37 In the matter of Estat of P awarded as follows: e o earl M. Prowell vs. Kevin Stark on 3/20/2012 the disposition is Judgment for Plaintiff and judgment was The amount of rent per month, as established by the Magisterial District Judge, is $575.00 Judgment Component Joint/Several Liability Individual Liability Filing Fees - Deposit Applied Am n Costs $0.00 $95.50 --?? $0.00 $5.00 $$5.50 Server Fees $5.00 $0.00 $31.87 $31.87 Grand Total: $132.37 Portion of;udgment for physical damages arising out of residential lease: 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. 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. 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 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 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. MDJS 315A Page 1 of 3 Printed: 03/20/2012 12:16:33PM Estate of Pearl M. Prowell v. Kevin Stark Docket No.: MJ-09304-LT-0000031-2012 a I Estate of Pearl M. Prowell v. Kevin Stark i« Participant List Plaintiff(s) Docket No.: MJ-09304-LT-0000031-2012 c? Estate of Pearl M. Prowell c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110 Defendant(s) _ Ke in Stark 494 Simpson Ferry Rd Apt 2 Mechanicsburg, PA 17050 Complainant's Attorney(s) Richard L. Placey, Esq. Placey & Wright 3631 N Front St Harrisburg, PA 17110-1533 ESTATE OF PEARL M. IN THE COURT OF COMMON PLEAS OF PROWELL, C/O PLACEY CUMBERLAND COUNTY, PENNSYLVANIA AND WRIGHT, 3621 NORTH FRONT STREET, HARRISBURG, PA 17110, Plaintiff V. CIVIL ACTION - LAW KEVIN STARK, r? 4934 SIMPSON FERRY ROAD, r APT. 2, c-3 MECHANICSBURG, PA 17050, - Defendant NO. 12-2300 CIVIL TERM IN RE: PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ORDER OF COURT AND NOW, this 20`h day of April, 2012, upon consideration of Defendant's Petition To Proceed In Forma Pauperis, the petition is granted, and Defendant is authorized to file his Motion for Leave To Appeal Nunc Pro Tunc without payment of the filing fee. Z Estate of Pearl M. Prowell c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110 Plaintiff BY THE COURT, Christylee L. Peck, J. Kevin Stark 4934 Simpson Ferry Road Apt. 2 Mechanicsburg, PA 17050 Defendant, pro Se : rc -?l reol! 2-" COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /.2 - 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. ;7 ho- r k_ cm nrrtLuwi ---•- fk DRES OF APPE , MY vC. STATE Sa r echall D "OF J M. T W THE E OF 2 LAS DOCKET No. NATURE OF APPELLANT OR ATTORNEY R AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. w If appellant was Claimant (see Pa. R.G.P.D.J. No. 7007(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SVwtun of Prothonotary or DspAy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon L!? ? - Z t?'W appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. Z Q_ an o i t ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , L r/J T l- /,_[?, Signature of appellant or attorney or agent RULE: To ???W 1? a parse(s) me 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: r &eLL 20 ? ¦ /_ Signature of Prothonotary w Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT e_._...- (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes i' COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: l hereby (swear) (affirm) that ? served ? a copy of the Notice of Appeal. Common Pleas . upon the District Justice designated therein on (date of service) t'v ? by personal service ? by (certified) (registered) rear: sender's receipt attached hereto, and upon the appellee. (name) 2 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ML THIS DAY OF Signature of official before whom affidavit was made Title of official My commission expires on ?v d --? S r ar?l???3##?`?' 5=gnature I f affian+ ESTATE OF PEARL M. PROWELL, c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110-1533, Plaintiff V. KEVIN STARK 4934 Simpson Ferry Road, Apt. #2 Mechanicsburg, PA 17050, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2300 CIVIL TERM FOR ENTRY TO THE PROTHONOTARY: C rnw a € r CD a C= Enter my appearance on behalf of the Estate of Pearl M. Prowell, Plaintiff. Papers may be served at the address set forth below. ichard L. Placey, Esquire Supreme Court I.D. No. 7232 PLACEY & WRIGHT 3621 North Front Street Harrisburg, PA 17110-1533 (717) 236-9577 Dated: May 4, 2012 ESTATE OF PEARL M. PROWELL, c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110-1533, Plaintiff V. KEVIN STARK 4934 Simpson Ferry Road, A Mechanicsburg, PA 17050, Defendant TO THE PROTHONOTARY: #2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2300 CIVIL TERM c-? Cz cnr'"` b Z: ?c r''.1 ?.l -c i ZZ CA ?t ?c Pursuant to Pa. R.C.P.M.D.J. No. 1006, strike the appeal of Defendant, Kevin Stark, of the Decision of Magisterial District Judge Paula P. Correal dated March 20, 2012 for failure of Defendant to file Proof of Service of copies of Notice of Appeal within ten (10) days after the filing of the Notice of Appeal 0 required by Pa. R.C.P.M.D.J. No. 1005. d L. Placey, Esquire Supreme Court I.D. No. 7232 PLACEY & WRIGHT 3621 North Front Street Harrisburg, PA 17110-1533 (717) 236-9577 Dated: May 4, 2012 ESTATE OF PEARL M. PRO*ELL, c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110-1533, Plaintiff V. KEVIN STARK 4934 Simpson Ferry Road,, Mechanicsburg, PA 17050, Defendant AND NOW, this the Record. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW #2 NO. 12-2300 CIVIL TERM STRIKING OF APPEAL day of May, 2012, the Appeal of Kevin Stark is stricken from Prothonotary Estate of Pearl M. Prowell Re: c/o Placey and Wright Mag. Dist. No.: MDJ-09-3-04 3621 North Front St Honorable Paula P. Correal Harrisburg, PA 17102 Docket No. MJ-09304-LT-0000031-2012 V. Judgment For Possession of Real Property Kevin Stark ; 101 - 01.00 4934 Simpson Ferry Rd Apt 2 Mechanicsburg PA 17050 r STATE OF PENNSYLVANIA -M- co CD ?T ^tyJ Y C"! COUNTY OF CUMBERLAND MOTION TO CONTEST PERSONAL PROPERTY LIEN AND POSSESSION MOTION Based on the affidavit below, I request a hearing to: Challenge the landlord's right to withhold my personal property from me. AFFIDAVIT I, Kevin Stark , do hereby swear under penalty of perjury that the statements in this Affidavit are true. 1. Pursuant to state law, I acknowledge I must file this motion within 20 days after I have (1) vacated the premises, (2) been removed from the premises, (3) requested a copy of the charges or (4) been provided a copy of the charges, whichever is later. I vacated/was removed (circle one) from the premises on May 8 , 2012 and received/requested (circle one) the charges on May 18, 2012 2. 1 rented the property at (address) 4934 Simpson Ferry Road, Apartment #2 on October 4, 2009 and lived there until (date) May 8 , 20 12 3. To the best of my knowledge the landlord of the property or owner of that property is (landlord or owner's name) Estate of Pearl M Prowell who lives at (landlord or owner's address) Mechanicsburq, PA 4. 1 further state that: I abandoned the residence on that date, I was evicted by order of the Justice Court. The date of the Order evicting me was April 10 -,20 12 I left because I received a notice of eviction. Other (explain) Apartment and personal property were NOT abandoned No reasonable accommodations were offered by Landlord for tenant to complete tasks treat medical conditions, and find new place to live. 5. My landlord still has some of my personal property. The general description of the property still in my landlord's possession is as follows: Many boxes and crates of personal belongings including items left to me by my mother, family heirlooms family photos library of books related to school, work, and family history, music items stereo equipment bicycle necessary for transportation/commuting, entire contents of kitchen and bathroom including medications, necessary vitamin supplements medical supplies Blood Pressure meter Blood Glucose Meter and testing strips entire Wardrobe of professional clothing needed for job interviews, lamps, desk, Oak round kitchen table with chairs shelves AN center Mattress/boxspring, couch, and more miscellaneous boxes packed and ready to move. The above partial list is obviously NOT abandoned property. I am stating my need to recover the remaining contents of Apartment #2. 6. 1 attempted to remove my property as follows (state all attempts you made to remove your property and describe what happened for each attempt and dates): Physical and financial limitations did not allow major progress in cleanout until months of March and April. Appel to Possession Judgment attempted April 11, 2012. Appeal still in progress as per Nunc Pro Tunc permission granted by court April 20, 2012. Shock of Judgment Execution of April 10 is noted in medical records from EMS called to site. Many items of monetary and sentimental value still remain. a. The date that my landlord told me that I could not have my property until I made special arrangements with attorney representing Estate of Pearl M. Prowell was : May 8 2012 b. My landlord refused to allow me to take my property because (state what your landlord told you when he indicated that you could not have your property back): Landlord allowed only total of approximately 8 hours access to apartment for removal of remaining contents of 1,000 square foot second story apartment. Progress had been made in removal of many items prior to that time, but with physical and financial handicaps it could not be completed as early as hoped ( Please see documentation of these extenuating circumstances and untreated medical conditions.) C. The amount my landlord demanded was: $ none, rent was paid through May 1 2012 Was part time resident after that date in order to work on cleanout packing sorting and removal of belongings. 7. 1 disagree with: landlord's right to hold my property, or amount charged by landlord, or both 8. Explain why you disagree in No. 7: Lease, or Pennsylvania Law, does not allow landlord to have illegal conversion of my personal property. Landlord (s) were fully aware of numerous items in apartment from my deceased mother's home No objection was made until only 30 days prior to filing court motion for eviction This also may be a constructive eviction of disabled tenant with financial hardships medical problems and limited transportation privileges until April, only a few weeks before vacating apartment on May 8 2012. Communication and Mediation was attempted by tenant to no avail. I was told to `talk to the hand." by landlord family representative when firm plan for cleanout was offered. This motion is a last effort to preserve my personal property which is still remaining in Apartment. SUBSCRIBED AND SWORN to before me this 18 day of May , 20 12 Affiant Notary Public/ Deputy Court Clerk ESTATE OF PEARL M. PROWELL, C/O PLACEY AND WRIGHT, 3621 NORTH FRONT STREET, HARRISBURG, PA 17110, Plaintiff V. KEVIN STARK, 4934 SIMPSON FERRY ROAD, APT. 2, MECHANICSBURG, PA 17050, Defendant ORDER OF COURT AND NOW, this 23?d day of May, 2012, upon consideration of Defendant's Motion To Contest Personal Property Lien and Possession, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Estate of Pearl M. Prowell c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110 Plaintiff Kevin Stark 4934 Simpson Ferry Road Apt. 2 Mechanicsburg, PA 17050 Defendant, pro Se :rc L'oP;4?`,5 rte.lep IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2300 CIVIL TERM IN RE: PETITION TO CONTEST PERRSONAL PROPERTY LIEN AND POSSESSION Christylee L. Peck, J. -M n ESTATE OF PEARL M. PROWELL, c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110-1533, Plaintiff V. KEVIN STARK 4934 Simpson Ferry Road, Apt. 42 Mechanicsburg, PA 17050, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2300 CIVIL TERM - ANSWER TO MOTION TO CONTEST PERSONAL PROPERTY LIEN AND POSSESSION Plaintiff, Estate of Pearl M. Prowell, by its attorney, Richard L. Placey, files this Answer to Defendant's Motion to Contest Personal Property Lien and Possession and sets forth the following: 1. The averment set forth in paragraph 1 of the Motion is denied. Plaintiff avers that Defendant was evicted from the apartment on May 8, 2012, but did not vacate the apartment until May 30, 2012. 2. The averments set forth in paragraph 2 are admitted as stated. Defendant did not remove his property from the apartment until May 30, 2012. The averments set forth in paragraph 3 are admitted. 4. The averments set forth in paragraph 4 are denied as pleaded. To the contrary, Plaintiff avers that Defendant was evicted from the premises on May 8, 2012 and was allowed to re-enter the premises to remove property at various times thereafter for a total of 21 hours through May 30, 2012. 5. The averments set forth in paragraph 5 are denied. All of Defendant's personal property has been removed from the apartment in question as of May 30, 2012. 6. Plaintiff has no knowledge as to the averments set forth therein regarding Defendant's medical condition and demands proof thereof. With respect to the appeal of judgment of possession, Plaintiff avers that Defendant did not serve his appeal as required by Rule of Court on the District Judge and the Plaintiff and, on Motion of the Plaintiff, the appeal was stricken by the Prothonotary of Cumberland County on May 4, 2012. 6.a. As to Defendant's averment that his physical and financial limitations did not allow major progress in cleanout until the months of March and April, Plaintiff avers that on February 2, 2012, he was given notice that his lease would terminate and that he had thirty (30) days thereafter to vacate the premises. Since he did not do so, Plaintiff filed an action for possession with the District Judge. The District Judge, after hearing on March 20, 2012, granted possession to the Plaintiff and imposed on Defendant court costs of One Hundred Thirty-Two and 37/100 ($132.37) Dollars which has not been paid by him. 6.b. Defendant was not physically evicted from the property by Order of the District Judge until May 8, 2012. He had three (3) months from the date he was given notice to remove from the property, which he did not do. After he was evicted, he was allowed into the apartment for a total of 21 hours to remove personal property. 6.c. Defendant owes rent for the month of May 2012 in the amount of Five Hundred Fifty ($550.00) Dollars since he occupied the apartment until evicted on May 8, 2012. The lease provides, "Tenant agrees that a full month's rent is due for any month in which there is a partial occupancy at the termination of the lease." 7. Plaintiff did not hold Defendant's property and avers that rent in the amount of Five Hundred Fifty ($550.00) Dollars is due as set forth in paragraph 6.c. hereof. 8. Plaintiff denies the averments contained in paragraph 8. To the contrary, Plaintiff set up times for Defendant to remove property and allowed him to do so, which he did as hereinbefore set forth.. WHEREFORE, Plaintiff requests the Court to dismiss Defendant's Motion. Respectfully submitted, PLACEY & WRIGHT i c and L. Placey, Esquire -- 3621 North Front Street Harrisburg, PA 17110-1533 I.D. No. 7232 (717) 236-9577 Dated: June 12, 2012 VERIFICATION I, Debra P. Diller, Co-Executrix of the Estate of Pearl M. Prowell, does hereby verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Debra P. Diller Dated: June 12, 2012 ESTATE OF PEARL M. PROWELL, c/o Placey & Wright 3621 North Front Street Harrisburg, PA 17110-1533, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW KEVIN STARK 4934 Simpson Ferry Road, Apt. #2 Mechanicsburg, PA 17050, Defendant NO. 12-2300 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this 12th day of June, 2012, comes Richard L. Placey, Esquire, attorney for Plaintiff, Estate of Pearl M. Prowell, and certifies that he did serve a true and correct copy of the foregoing "Answer to Motion to Contest Personal Property Lien and Possession" filed on behalf of Plaintiff upon the Defendant in the manner indicated below: FIRST-CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Kevin Stark P.O. Box 1251 Mechanicsburg, PA 17050 Ri ' ;: Pl ey, squire, .D. #7232 LACEY & WRIGHT 3621 North Front Street Harrisburg, PA 17110-1533 (717) 236-9577 Dated: June 12, 2012