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HomeMy WebLinkAbout12-3920COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of I (,t NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 101- 3 /moo C'`v • 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 Magisterial District Judge on the date and in the case referenced below. 00000 (P , 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy -1 12j, zd?' C4-1 If appellant was C imant (see Pa. R.i 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (b\'\ a \? appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Si ature of appellant or attorney or agent RULE: To appellee(s) Name o appellee(s) (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 EEEVIIBAI.EP 09-2-101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No- MDJ-U9-2-02 MDJ Name: Honorable Jessica Brewbaker Address! 18 North Hanover Street, Suite '106 Carlisle, PA 97013 Telephone: 71 7-240-6564 File Copy Disposition Details Grant possession. rant possession if money judgment is not satisfied by the time of eviction. Uisposition Summary .A'? ''Jo, 717_'4Q7821 Notice of JudgmenVTranscript Residential Lease 12ocket No Plaintiff Defendant N',J •09202-LT-0000065-2012 Owen Meals Nancy 1. Smith Judgment Summary °artidvant Joint/Several Liability Individual Liability Nancy L Smith $0.00 $719.33 Jwen Meals $0.00 $0.00 Owen Meals V. Nancy L Smith Docket No: W-09202-1-T-0000065-21)12 Case Filed: 6/1/2012 Yes No Disnosltlon Dlsaosltlon Date Judgment for Plaintiff 06/13/2012 Amount $719.33 $0.00 Judgment Detail ('PustJudgment) the matter of Owen Meals V5 Nancy L Smith on 61'13/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, Is $275.00 JJ damentComponent JointlSeveral Liability Individual Liability DepositAoolied Amount Rent in Arrears - $000 $595.00 $595.00 Costs $0.00 $124.33 $12433 Grand Total: $719,33 Portion of judgment for physical damages arising out of residential lease: $0.00 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION NITHIN 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 ANDIOR SECTION a 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 JUDGMENTITRANSCRIPT 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. _,D.J5 315A ?_ Page 1 of 3 Printed: 06/14!2012 1U20 25AM Owen Meais V. Nancy L Smith eF,CI,?, -r iJy -L- O? 7aPIO, 'i 1724 0182 1 Docket No.? W-09202-LT-0000065-21012 Date Maglsteria( District Judge Jessica Brewbaker ceu y nat its re a t,je arid correc copy o the redo o e prods Inge con ainma the lu amen . "-? IDJS 315A Magisterial District Judge I)ate Page 2 of 3 Printed. 06/14/2012 10.20 25AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of CUMBERLAND No. )c--3gdo cwt( PLAINTIFF: NAME and ADDRESS F_ 0A vs. DEFENDANT: NAME and ADDRESS I 7 J TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I, y 10-yN e-u1 V-o U. 130 nJtn?r `/ PA (print name and address here), I'I b 13 have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I bw ei-have not (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit 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 Date SIGNAT E OF TENANT' rvn ` AOPC 312-08 (B) s'^I- Ur 22 pil i?LAN'D C? Plaintiff v. fen"ant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM PETITION TO PROCEED IN FORMA PAUPERIS The Petitioner, in the above-captioned matter respectfully petitions this Court for permission to proceed in forma pauperis. As set forth in the attached Affidavit, which is incorporated herein by reference, Petitioner is unable to pay the fees and costs necessary to commence these proceedings. WHEREFORE, Petitioner requests that this Court enter an order permitting her to proceed in forma pauperis. e KU-- Petitioner fn I? U ?i 2 2 i ii 1 ;. L A, ND C IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 20 NO. P ,3 CIVIL TERM ?4e&nts AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing 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 Address: If you are presently employed, state Employer: Address: ?A Salary or wages per month: Type of work: ?j (b) If you are presently unemployed, state Date of last employment: ?\\ Salary or wages per month: ( \ A Tyre of work: N ?V.S 5?1? V3r C _\ (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: 14A Pension and annuities: C111 Social Security benefits: 1 o Support payments: t A? Disability payments: Unemployment compensation and supplemental benefits: 0.0*?, Workman's compensation: 1 oy Public Assistance: L % V Other: (d) Other contributions to household support (Wife)(Husband) Name: S `^, If your (husband) (wife) is employed, state Employer: Salary or wages per month: ham, 'C Type of work: Lm Contributions from children: N\? (e) Property owned Cash: 600100 Checking Account: n? a Savings Certificates of Deposit: _ \V Real Estate (including home): L( ?5w . w Cif\?_ Motor vehicle: Make Q 3 4 GU Year`s y% Cost AtDL*Amount owed - (Y Stocks; bonds: Other: (f) Debts and obligations Mortgage:\ Rent: Loans: Monthly Expenses: ? "etn "N r?-\, Q , (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: \`' Name: ??}. Age: t 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 unsworn falsification to authorities. AWA7A ) Date: A, i I 1LEU-0FFiG v THE PROTHONOTARY 2912 JUN 28 AM 11: i 0 0Wvi\ Plaintiff V. -? Defendants AND NOW this z CUM; ANN COUNTY YLVANJA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C7 NO. CIVIL TERM ORDER OF COURT day of 1???. , 2012, upon consideration of the attached Petitior. ;:nd Affidavit, the petitioner is allowed to proceed in forma pauperis. BY THE COURT, Distribution Plalntlti: 7T??f Name ?_ Address - C- PA i 7-OL Defendant: Name ??ddress? ??.r1?51?. ?no13 Judge t2 JUL -? AM `? 2fl , YLAw A 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 w bC/- (C., j ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served 1'.1-31;0 ? a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) q, 201 ?, , ? 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) (registered) mail, sender's receipt attached hereto. (SW MEDLAND TH SOR? DAYROF TJ 20U1 CRIBED BEFORE ME Signature ff!cial before whom vit was made Sign ture of aSi rt )P,X(D Card iS oy'y >s3 ftftk VIA W ??Nos ?w? ri??ogdw d ?N?.>rN Title of official My commission expires on 20 (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.com: ..0 M Postage $ . 4 ru Certified Fee 2 q5* . m . ark k Return Receipt Fee H C3 (Endorsement Required) C C3 Restricted Delivery Fee .> O (Endorsement Required) Cr O Total Postage & Fees $ (3-4 ' M Sent To O Q? !?ea1s r? Street, Apt No.; h ? or PO Box No. O V v?+nt y ?/ ---------------- ?--------------------°°-----?-="'-?' City, State, ZIP t I„ 1 ? (Domestic Coverage Provided) M ! For d liv i f ti e ery n orma on visit our websi te at www.usps.com:, m Postage LL?n $ s T 7 ' r1J m Certified Fee l b ( C3 Return Receipt Fee i ?ostmark, i M (Endorsement Required) - re = 0 Restricted Delivery Fee M (Endorsement Required) Er O Total Postage & Fees ^ 3 V M C3 Sent To t7,,;?OVa / .J-QSticq !? / O M ------------------------------ Sheet, Apt. No.'[i A° or PO Box rV b r,/, bvAovp t' A J0 .?.c `Qb ----------------------------- ---- -------------- °C SI i?SU PA ( 3 -- -----.....--------------------- - DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com OWEN MEALS, SR. 1300 Ritner Highway Carlisle, PA 17013 c ?3 N Attorneys for Plaintiff cn r- cc z A ?c 4 N -rc rv : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. NO. l A--V AO Civil Tpm NANCY LOUISE SMITH 1306 Ritner Highway Carlisle, PA 17013 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 this 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 Ni 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 (800) 990-9108 C:.i DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 Attorneys for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com OWEN MEALS, SR. : IN THE COURT OF COMMON PLEAS 1300 Ritner Highway : CUMBERLAND COUNTY, Carlisle, PA 17013 PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. NO. NANCY LOUISE SMITH 1306 Ritner Highway Carlisle, PA 17013 Defendant AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los promimos veinte (20) dias despues de la notificacion de esta Demanda y Avis radicando personaimente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le adverte de que si usted falla de tomar accion como describe anteriomente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cuaiquier otra reclamacion o remedio soliaitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u ostroa derchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCE DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJA COSTO PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 Attorneys for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 Attorneys for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com OWEN MEALS, SR. : IN THE COURT OF COMMON PLEAS 1300 Ritner Highway : CUMBERLAND COUNTY, Carlisle, PA 17013 : PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff V. NO. NANCY LOUISE SMITH 1306 Ritner Highway Carlisle, PA 17013 Defendant COMPLAINT AND NOW, comes the Plaintiff, Owen Meals, Sr., by and through his counsel, William A. Duncan, Esq., and files this Complaint and in support thereof avers as follows: 1. The Plaintiff, Owen Meals, Sr., is an adult individual residing at 1300 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Nancy Louise Smith, is an adult individual residing at 1306 Ritner Highway, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff is the owner of certain real property, consisting of residential property located at 1306 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013, (the "Property"). 4. The Plaintiff originally orally leased the Property to the Defendant on November 3, 2011 and the Defendant took up residence on December 1, 2011 ('the "Lease Term"). 5. The oral lease was supplemented by written rules and regulations dated November 3, 2011 and all amendments thereto, and executed by the parties. A true and correct copy of the Rules and Regulations is attached hereto as Exhibit "A" and incorporated herein by this reference. 6. The Defendant failed to pay rent as follows: DATE RENT DUE LATE FEE MOWING TOTAL DUE April 2012 $275.00 $50.00 $325.0 May 2012 $275.00 $50.00 $325.0 June 2012 $275.00 $50.00 $30.00 $355.0 July 2012 $275.00 $50.00 $30.00 55.0 GRAND TOTAL $1,360.0 7. The Defendant failed to observe rules, disturbed other tenants and failed t, maintain the property which violated the Rules and Regulations. 8. A Notice to Quit the property was handed to the Defendant on May 15, 20 9. The Plaintiff is seeking reimbursement in the amount of $124.66 in filing fees paid on June 26, 2012 to the District Justice. 10. monetary damages. WHEREFORE, the Plaintiff, Owen Meals, Sr., demands that the Honorable Cour enter a judgment against the Defendant, Nancy Louise Smith, and in favor of' the Plaintiff in the amount of $1,484.66 and order that the Defendant vacate the premises ani confirm possession in favor of Plaintiff. Respectfully submitted, DUNCAN & HART , C. ?----? . By: William A. Duncan, Esq. Attorney I.D. No 22080 1 Irvine Row Carlisle, PA 17013 Telephone (717) 249-7780 ?i ® 2 Attorney for Plaintiff DATE: The Plaintiff is seeking possession of the premises in addition to the VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. section 4904 pertaining to unsworn falsification to authorities. OWEN MEALS, &1f. Date DUNCAN & HARTMAN, P.C. AILED-ou ? THE PFtQ 0'i By: William A. Duncan, Esq. I.D. No. 22080 Attorneys for Plaintiff 281? UL 17 M 1 Irvine Row Carlisle, PA 17013- C' (717) 249-7780 ?V t bill@duncanhartmanlaw.com OWEN MEALS, SR. : IN THE COURT OF COMMON PLEAS 1300 Ritner Highway : CUMBERLAND COUNTY, Carlisle, PA 17013 : PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff V. NO. 12-3920 Civil Term NANCY LOUISE SMITH 1306 Ritner Highway Carlisle, PA 17013 Defendant AFFIDAVIT OF SERVICE I, William A. Duncan, being duly sworn according to law, do swear that I served a Complaint to Defendant, Nancy Louise Smith by handing a copy of same to her at 1306 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013, at 6:10 P.M. on Monday, July 16, 2012. William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Sworn to and subscribed before me this I '7114 day of J L rL7( , 2012. WTAK41 SEAL p .? X)AN D. Af?AMS, NWny Public CW ftN Na0.; CWnbe W4 CW* My Wra iMbn E4*u M" 15, 2015 It: 38 Ty `. r' THE P R 0 T H 0 0 a-1 2092 JUL 25 PM T 48 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas Owen Meal, Sr. V. Nancy Smith 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. No. 12-3920 ANSWER 5. Denied. No exhibit was provided. 6. Denied. It is specifically denied Defendant failed to pay rent for the months as alleged. Strict proof is demanded at trial. 7. Denied. It is specifically denied Defendant failed to obey park rules. Strict proof is demanded at trial. 8. Denied. It is denied Notice to Quit was provided on Mal 15, 2012. Strict proof is demanded at trial. 9. This is a statement of law. No response required. 10. This is a statement of law. No response required. 'Tj ?A? sl-?A Nancy Smit VERIFICATION I verify that the statements made in this Answer are true ?nd correct. I understand that false statements herein are made subj+ct to the penalties of 18 Pa.C.S.A. § 4904 relating to unsw rn falsification to authorities. Date: N-an?- y Smit Cumberland County Court of Common Pleas Owen Meal, Sr. No. 12-3920 v. Nancy Smith CERTIFICATE OF SERVICE I, Nancy Smith hereby certify that on this 1?27 day of , 2012 , I have forwarded a copy of the ANSWE , in th abo -captioned action to the following individual(s) by regular U.S. Mail as set forth below: iQ ( (+Rw-\ -A?nCavl i ?T7rviv'e (how car((4e l '?>A no (3 Nancy Smi ??? OWEN MEALS., SR. IN THE COURT OF COMMON PLE 1300 Ritner Highway S OF Carl i s 1 e , PA 17 013 CUMBERLAND COUNTY, PENNS VANIA Plaintiff v. NO. 12-3920 CNjj,, 5 ,> 19 ~ F..,? NANCY LOUISE SMITH `}~ '~ _,~ 1306 Ritner Highway ~~{ ~ ~;}. Carlisle, PA 17013 ~„~, ~; Fa~,w Defendant ~ ~ rv ~_- • ~ ~~ ww' • ~~„ r-. ~ -~•- T :. ~ `; • :n;i ._.. ;_~ - - RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: Yg,~ ~ v ~l r~ PETITION FOR APPOINT11~tENT OF ARBITRATORS ~ K ~ ~ z* ~7yG.~Y TO THE HONORABLE, THE ]UDGES OF SAID- COURT: William A. Duncan ,counsel for the plaintiff/defendant in the above action (o actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) st issue. 2. The claim of the plaintiff in the action is $ 1, 360.00 plus costs and possession The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as atbitrato William A. Duncan WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the cases all be submitted. ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed azbitrators in the above captioned ; actions) as prayed for. By the Court, (or P.I. OWEN MEALS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 12-3920 CIVIL NANCY L,. SMITH., Defendant ORDER AND NOW, this l6 ~ day of October, 2012, t:he appointment of Marylou. Matas, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VA~'ATED. James Robinson, Esquire, is appointed in her place. BY THE COURT., ~- --'`% ~~~ Kevin~A. Hess, P. J. ;' Kathleen Shaulis, Esquire Chairman 'Court Administrator :rlm - f ~~ ~~ -~ ~~ z;- t~ OWEN MEALS, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNS 'LX NJA {3 —`•" v. : CIVIL ACTION–LAW NANCY LOUISE SMITH Defendant : NO. 12-3920 Civil Term MOTION FOR RELEASE OF ESCROWED RENT PAYMENTS AND NOW come the Defendant, Nancy L. Smith, by and through her attorney, Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C., and file this Motion seeking return of escrowed rent payments pursuant to 68 P.S. 250.513(c), averring the following: 1. Plaintiff, Owen Meals Sr., is an adult individual residing at 1300 Ritner Highway, Carlisle, PA 17013. 2. Defendant, Nancy L. Smith, is an adult individual residing at Forest Park Health Center and Rehabilitation, 700 Walnut Bottom Road, Carlisle, PA 17013. 3. On June 13, 2012, a Decision was rendered by District Judge Jessica Brewbaker in favor of Plaintiff regarding possession of real estate owned by Plaintiff that was being leased by Defendant. 4. On June 22, 2012 Defendant filed an appeal of the Decision of the District Judge Brewbaker. 5. Pursuant to 68 P.S. 250.313(a) and Pa. R.C.P.D.J. 1008(B), Defendant has deposited the following sums with the Cumberland County Prothonotary's Office on the dates stated, said payments representing rent: June 28, 2012 $ 92.00 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 August 3, 2012 $ 195.00 August 3, 2012 $ 355.00 August 3, 2012 $ 250.00 October 24, 2012 $ 275.00 November 7, 2012 $ 275.00 December 4, 2012 $ 275.00 December 28, 2012 $ 275.00 December 31, 2012 $ 208.00 TOTAL $2,200.00 6. Sometime on or about February 2013, Plaintiff and Defendant entered into a verbal comprehensive settlement agreement in which all issues between the parties were resolved. 7. As per the agreement, the escrowed rent deposits held by the Prothonotary's Office are to be returned to Defendant, not the Plaintiff. 8. On February 8, 2013, William A. Duncan, Esquire attorney for Plaintiff, filed a Praecipe to Settle and Discontinue. 9. Defendant was not represented by legal counsel throughout the proceedings. 10. On February 25, 2013, the Honorable Kevin A. Hess, P.J. entered an Order vacating the appointment of arbitrators. 11. The escrowed rent deposits remain on deposit with the Cumberland County Prothonotary. 12. On April 29, 2013, the undersigned counsel for Defendant corresponded with Attorney Duncan regarding the escrowed funds. 13. On May 10, 2013, Attorney Duncan left a voicemail message with the undersigned counsel indicating that his client, the Plaintiff, is not making a claim to the escrowed funds. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 14. Pursuant to 68 P.S. 250.513, the Prothonotary should only dispose of such funds by order of court. 15. Attached hereto and incorporated by reference herein is a Certificate pursuant to C.C.R.P. No. 208.2(d) indicating concurrence of Plaintiff's counsel regarding this Motion. WHEREFORE, Defendant respectfully requests that your Honorable Court enter an Order requesting that the Prothonotary release the escrowed sum of Two Thousand Two Hundred Dollars and Zero Cents ($2,200.00)to her. WEIGLE & ASSOCIATES, P.C. Date: /t1�'� By: C Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. JJ� Date: ltd J l 13 t / �.. �... / Nancy . Smith, I fendant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 OWEN MEALS, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION—LAW NANCY LOUISE SMITH, Defendant : NO. 12-3920 Civil Term CERTIFICATE OF CONCURRENCE I hereby certify that I have provided a copy of this Motion to William A. Duncan, Attorney for the Plaintiff, and have been affirmatively advised that there are no objections to the relief sought in the proposed Order. WEIGLE & ASSOCIATES,P.C. 'A Date: July 8, 2013 By: -� L., 'C Richard L. Webber, Jr., Esquire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 • WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 OWEN MEALS, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW NANCY LOUISE SMITH, Defendant : NO. 12-3920 Civil Term CERTIFICATE OF SERVICE I do hereby certify that on July 8, 2013, I served Praecipe for Entry of Appearance, Proposed Order, Motion and Verification in reference to the above-captioned case to Plaintiff's attorney by U.S. Mail: William A. Duncan, Esquire Duncan& Hartman One Irvine Row Carlisle, PA 17013 WEIGLE & ASSOCIATES, P.C. July 8, 2013 By: Richard L. Webber, Jr., Esquire Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JF i i ii_ 1' �Ci I HONG iAI I. 2013 JUL -9 AM. H: 23 CUMBERLAND COUNTY PE14NSYLVANIA OWEN MEALS, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW NANCY LOUISE SMITH, Defendant NO. 12-3920 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To The Prothonotary: Please enter my appearance on behalf of the Defendant, Nancy Louise Smith, in the above-referenced matter. WEIGLE & ASSOCIATES,P.C. Dated: July 8, 2013 By: Richard L. Webber, Jr., Esquire At ID #49634 126 East King Street I Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 OWEN MEALS, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW NANCY LOUISE SMITH, Defendant NO. 12-3920 Civil Term ORDER OF COURT AND NOW this f day of 2013,upon consideration of the attached Motion for Release of Escrowed Rent Payments, it is hereby ORDERED that the Office of the Cumberland County Prothonotary shall release the sum of Two Thousand Two Hundred Dollars and Zero Cents ($2,200.00)to Defendant,Nancy L. Smith. BY THE COURT: Kevin Hess,P.J. William A.Duncan,Esquire ' Attorney for Plaintiff Aichard L. Webber, Jr.,Esquire Attorney for Defendant MW sCi ---qc-j _D: 10 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17297-1397 C-- ?:. X:;o F- U) d`-' �,,,, �J s D cn fir. r— C ' CL)-r: Dt; David D. Buell. � ORRSTOWNBANK SHIPPENSBURG,PA CUMBERLAND COUNTY PROTHONOTARY OFFICE 60-1503/313 GENERAL FUND 1 COURTHOUSE SQUARE,SUITE 100 CARLISLE,PA 17013 Y U CHECK DATE CHECK NUMBER PAY THIS AMOUNT n 1 y 07/12/2013 2247 $2 , 200 . 00 0 Two Thousand Two Hundred And 00/100 Dollars .y m j TO THE ORDER OF B z NANCY L. SMITH u C/O RICHARD WEBBER JR ESQ 126 EAST KING STREET E SHIPPENSBURG, PA 17257 T IZE GN E 11000224711' 1:03L3150361: 108 LLLL71II' 14170907122013 Cumberland County Prothonotary's Office PYS380 Page: 1 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount NANCY L. SMITH RENT 6/28/2012 PYMT/MONEY ODR 277318 12-03920 92.00 8/03/2012 PYMT/CASH 278886 12-03920 355.00 8/03/2012 PYMT/CASH 278889 12-03920 195.00 8/31/2012 PYMT/CASH 280079 12-03920 250.00 10/24/2012 PYMT/CASH 282307 12-03920 275.00 11/07/2012 PYMT/CASH 282785 12-03920 275.00 12/04/2012 PYMT/CASH 283835 12-03920 275.00 12/28/2012 PYMT/CASH 284675 12-03920 275.00 12/31/2012 PYMT/CASH 284716 12-03920 208.00 07/12/2013 2247 2,200.00 ** Total Amount Released 2,200.00 -----------------------------------End of Listing ---------------------------------------------------------- AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Court Case Number: 2012-3902 Plaintiff: -` Barry Sloane f- - vs. Defendant: r r Shane Lee Sloane r ` For: C. Bayley& Mangan Received by Pennsylvania Professional Process Svc. to be served on Shane Sloane aka Shay Zeiders, 101 Silver Spring Rd., Mechanicsburg, PA 17050. I, Luc" 1 , being duly sworn, depose and say that on the 318} day of JI,,b 2012 at__q_:4 v A.m., executed service by delivering a true copy of the Notice -Complaint Under Section 3301 (c) of the Divorce Code in accordance :with state statutes in the manner marked below: INDIVIDUAL SERVICE: Served the within-named person. ( ) SUBSTITUTE SERVICE: By serving as ( ) NON-SERVICE: For the reason detailed in the Comments Below COMMENTS: Sh_cte 5ioane - S-4 i7rijo er1 1 , r1 __t ,, _ ln,+ --- , I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subs r' ed ndji'�vorn, to f r me on th� ay by the affiant who PROCESS SERVER# ipe so a knoe. Appointed in accordance with State Statutes Pennsylvania Professional Process Svc. N TAR UBLIC P.O. Box 1148 Carlisle, PA 17013 (800) 863-2341 COMMON WEALTi I OF PENNSYLVANIA Notarial Seal Our Job Serial Number: 2012000573 M.Md*k Gayton,Notary Pabk Caftle Bora,Cumberland2016 My Commission b *ft)aly MEMBER PENNSYWANIA ASSOCIATION OF NOTARIES Copyright©1992-2011 Database Services,Inc.-Process Server's Toolbox V6.5d .. . .... ......_.... F"i I IBLR L t L �;: 1, ``, P E '-14SY�.VANIP, . BARRY SLOANE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANE LEE SLOANE, NO. 2012-3902 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in Divorce under §3301(c)of the Divorce Code was filed on June 21, 2012 and reinstated on July 24,2012. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety(90)days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 UNSWORN FALSIFICATION TO AUTHORITIES. Dae S ane Lee Sloane EW,!SYLVANfA BARRY SLOANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION - LAW SHANE LEE SLOANE, NO. 2012-3902 CIVIL TERM Defendant IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property,lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 UNSWORN FALSIFICATION TO AUTHORITIES. Date ane Lee Sloane BARRY SLOANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. _ CIVIL ACTION - LAWA _^ SHANE LEE SLOANE, NO. 2012-3902 Cl r�r TLRM - Defendant IN DIVORCE `<> .° gym_ PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 31, 2012; Individual Service by Process Server (see Affidavit of Service attached). 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff on November 2, 2012 and filed of record on November 16, 2012; by the Defendant June 27, 2014 and filed contemporaneously with the within document (see attached). 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: November 16, 2012. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this filingAsee attached). Date: ( /t� Mark F. Bayley, Es ire BAYLEY &MANGAN 17 W. South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663