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HomeMy WebLinkAbout12-5779 .... : '. f -. ' .. 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 C A "ZE'_l-A J33D ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served tI , 2 - s"---'q 40l a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on oc-r, qW." (date of service) , 2012 ? by personal service ?Q b cert'died registered) mail, 8110-Bmt,&, V A?.DEY coctT sender's receipt attached hereto, and upon the appellee, (name) , on O CT 9q1L' , 20 l Z ?by personal service[X by rtified registered) mail, sender's receipt attached hereto. (SWORII)AAFFIRMED) AND SUBSCRIBED BEFORE ME THIS J-.> DAY OF b C- 20 ( 7. S gnatur of offici I before horn a rdevit was meda Title of official My commission expires on , 20 11 01 Sig ature of atfient AOPC 312A - 05 I N 2" O t1J f o Postage 4 C M o ed Fee / o °o ( ReO""t Z 3 S t d (Errant gegrrlrFedwj ? _..! -0 r. Total POMP & Fees , ru Smt lb rq IIJD LE PA14e-A CoifA4- 0 ---- ----------------------------------------- r'- or PO Box No. SZ? S E. -r& AjbC.£ Ro At) crgs slate;ia • - -- -- -- ------------------------------------------- M A) t Cs $l?P.G, l?o? A m O ru OFF ICIAL USE -1 0 eXI Certlned Fee -2 . F 0 0 (EndoreeeNntRe?W?dl Z I S ResMcted DWWry Fee d (Endorsement Requhed) i ?". .A Total Postage & Fees $ - ? r r t $ARBAZA v A, #,3 PEk-ScooT' C3 r- S i;k dpt M. ---------- - -- -? ?--------------------------- - or PO Box No. 25Z D?G?-'-( U- b 0AI) CMS ?1fLL PA i?orl I IN THE COURT OF COMMON PLEAS OF CUMBERLANQ COUNTY, PENNSYLVANIA Barbara A. Vandersloot Court of Common Pleas 252 Deerfield Road Civil Division Camp Hill, PA 17011 Cumberland County Plaintiff v. Matthew Dawson 209 Keywest Blvd Carlisle, PA 17015 Defendant No. 12-5779 Civil In rL `~ ~" !~ an appeal filed by defendant in the above mentioned matter, I offer the following documents as evidence and request that a judgment be entered against defendant in the amount of $9,022.22 plus penalties and interest as of the date of trial. 1>It is hereby noted that the property 209 Keywest Blvd, Carlisle, PA 17015 is solely owned and titled in the Commonwealth of Pennsylvania in my name. 2>Defendant defaulted on the rental agreement, owed rent, penalties and interest in the amount of $2,022.22 3>Defendant appeared before the Honorable Paula P. Correal for the default of the rental agreement. 4> Judgment was entered against defendant for $1,751.47 and defendant remained in default of the rental agreement by failing to pay judgment. 5> Possession of Piaintiffi s property 209 Keywest Blvd, Carlisle, PA was granted to Plaintiff on 9/24/2012 b> Defendant, upon leaving the above mentioned property intentionally and recklessly caused major internal and structural damage as well as disabling utilities within the home. Damages caused by defendant are in excess of $7,000 dollars,. It is respectfully requested, that the Court deny the Appeal of the Defendant and concur with the Honorable Paula Correal's original order allowing me possession of my property and that the defendant be ordered to pay the past due monies as well as the current damages caused by the defendant. Respectfully, -,.. ti r ~' i~t,~,,~, ;~ -'~-~ Barbara A. Vandersloot COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. i Z -~ 5`~ ~ ~' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered oy the Magisterial District Judge on the date and iri the case referenced be{ow. NAME OF APPELLANT ~ MAG. DIST. NO. NAME OF MDJ /~1 ~-r-rr~t ~w __ DAB Sa ~ _ MDR- o ~' -~ -~~! 144eVt~~A~c.E P~Grc-A P. Co~iZE~c ADDRESS OF APPELLANT ~ CITY STAT F ZIP CODE Zo q' K£yWJ~ST .13GV ~ C~A~~-t SLE: .y~~ ~ ~o r S DATE OF JUDGMENT '$ j Zg j 2~ ~ `~= IN THE CASE OF (Plaintiff (DelendantT 3~~'~APA vr~NF,~E~.Sc.oo~T ~s MArTH~w ~~u~SoN _ -- DDCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ti(~-o~Y3a~-! - LT- ~ooo0 6z-Z©c2 i ~,~ This block will be signed ONLY when this notation is required under Pa . if appe was Claimant (see Pa. R.C P.D.J. No. 1001(6) in action R.C. P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, wi ll before a Magisterial District Judge, A C(:)MPLAINT MUST BE FILED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty ~, _ ~ ,~ /~ (20) days after filing the NOTICE of APPEAL. lgnature of Prothonotary or Deput y 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. Nc. 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 ~A~3AR A, V AN DE P,S L.ooT appellee(s), to file a comolaint in this appeal Name of appellees) (Common Pleas No. -~2 . ~ ~l r~ / ~( ~//Z) within twenty (20) days after service of ru{e or suffer entry oi' judgment of non pros. RULE: To ~A~>~~A `J''°~~DE~SLor.T , appellees) Name of appe!!ee(s) j Signature of appellant or attorney or agent (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 corrlplaint 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. "~--~,, _ ~ .~ } - `f Date: ~~ ~ 20 ~ Z-- ;, v , --s _ _~~` "'1 ~ ~ ,° ~ ° ' '' Sinnature of rothonotary or epufy YOU MUST INCLUDE A CO#~Y~O~'~.~HE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ;' AOPC 312-OS CGMMONVIIEALTH OF PENNSYLVANIA Notice of JudgmentlTranscript COUNTY OF CUMBERLAND Residential lease r~ Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula I'. Correa) Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Matthew Dawson 209 Keywest Blvd Carlisle, PA 17015 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No Plaintiff Defendant MJ-09304-LT-0000082-2012 Barbara A Vandersloot Matthew Dawson Judgment Summary Participant Barbara A Vandersloot Matthew Dawson Joint/Several Liability Individual Liability $0.00 $0.00 $0.00 $1, 751.47 Barbara A Vandersjoot v Matthew Dawson Docket No: MJ-09304-LT-0000082-2012 Case Filed: 8/13!2012 No 3(es Disposition Judgment for Plaintiff Disposition Date 08/28/2012 Amount $0.00 $1, 751.47 Judgment Detail ("Post Judgment) In the matter of Barbara A Vandersloot vs. Matthew Dawson on 8/28/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $357.00 Judgment Component Joint/Several Liability individual Liability Deposit Applied Rent in Arrears $0.00 $1,619.10 Costs $0.00 $95.50 Server Fees $0.00 $36.87 Grand Total: Portion of judgment for physical damages arising out of residential lease: Amount $1,619.10 $95.50 $36.87 $1,751.47 $0.00 IN AN P.CTtON lNVOLV!NG A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGiVIENT FGk 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. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH-THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME ANDlOR 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 PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTJ'TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT A3 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 tN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 08/28/2012 2:24:39PM >~" ~ t`-~ 18 t T ~ Barbara A Vandersloot v. Matthew Dawson Docket No.: MJ-09304-LT-0000082-2012 ~~s..~„ ~~, ~. M, i ~` cam. c~[.~-~L..~.~/ :~\; y ri Date Senior Magisterial District Judge Paula P. Correa) "~e. --_ ce i y at t is is a true an corre copy o t e recor o e procee mgs con ammg a to gmen . ~~~~ Date Magisterial District Judge ~ ~, .. MDJS 315A Page 2 of 3 Printed: 08!2812012 2:24:39PM " Barbara A Vandersloot v. Matthew Dawson Participant List Plaintiffs) Barbara A Vandersloot 252 Deerfield Rci Camp Hill, PA 17011 Defendants) Matthew Dawson 209 Keywest Blvd Carlisle, PA 17015 as- •„~ ~> ;~,.: Docket No.: MJ-09304-LT-0000082-201 MDJS 315A Page 3 of 3 Printed: 08/28/2012 2 24:39PM I~VIV11Y1 L.'IV VV Lr1t_ i ~ v' ~ ~-~~~~~~' r •' •, ~,~ COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. C;orreal Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Matthew Dawson 209 Keywest Blvd Carlisle, PA 17015 VllliCl IVI 1 ~/J.7G.7.71V1~~ ~~~.au~~~ w~~~w Notice Barbara A Vandersloot V. Matthew Dawson T- __ _ _ _. .,~._._..- Docket No: MJ-09304-L.T-0000082-2012 Case Filed: 8/13/2012 Time Filed: 03:33PM Date Order Filed: 09/11/2012 TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained~a"I'u`dgment for possession of real property located at: 209 Keywest Blvd., Carlisle, PA 17015 Requests that you issue an ORDER FOR POSSESSION for such property. Date: Plaintiff: Barbara A Vandersloot ORDER FOR POSSESSION To: J Michael Ward (Sheriff or Certified Constable) You are hereby directed to deliver actual possession to plaintiff, or his agent, of real property located at (Gives location and/or address): 209 Keywest Blvd., Carlisle, PA 17015 'I~~{{{yyy ~.n ~ ,,, ~f ('b.,,Me ~1~~ ~ 4 ~~ 7 \~ i• ,,. ` -~ a Se tember 11, 2012 "~=-~~J""~ ~~~ _ M R~~ I IHNK Date Senior Magisterial District Judge Paula P. Correal ~ ~^~:~-~. Received Date & Time Signat of Sheriff or Certified Constable v ----~°°.~._ ^ Defendant (Name}: ^ Adult person in charge (Name): Served with copy of ORDER FOR POSSESSION, and served with NOTICE TO VACATE on (Date of Service) ~. at (Location and Address}: 209 Keywest Blvd., Carlisle, PA 17015 ^ Sirce none of the above fol.~nd, served by posting a copy of the complaint conspiculously on the premises Date: _ Time: Order satisfied by payment of rent in arrears and costs ~ Premises vacated without forciblle entry and ejectment Amount Paid $_~ $ _ Distribution _~ To __ _ $ __ To _ $ _ __ To _ $ To _ $- ---- $ ~~ - TO -- __ To MDJS 3118 Forcible entry and ejectment Date:___,_.__, Time:__ ^ Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent in arrears and costs. Expenses and fees of sheriff or certified constable $ ___,,_ Signature of Sheriff or Certified Constable Print Name and Title 1 Printed 09/11 /2012 3 34:12PM vvcnet wv. Evw-ua3Ua-L I -UUUUUd2-2012 v. Matthew Dawson ON TICS T CATS } ~ ...', If you and all the occupants of this property not authorized by t ~ ~ er to be present tFiereon~ do not vacate this property within 10 days after the (date of service) h~~t~1 day of . ' ,. _,~~-th~.faw au4hor•if"~s me to use, and I 'must use, such force as may be necessary to enter upon this property, b re ing in of ar~y door or otherwise. and to eject, ;you and all unauthorized occupants. If necessary, eviction will cornmence on d'y ... after1~:01 AM. ~~, At any time before actual delivery of the real property is made in execution of the Order for Possession, the defendant may, in a case for the recovery of possession solely because of failure to pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in arrears and the cost of the proceedings. Complete if judgment of possession is based solely on failure to pay rent. Rent in arrears $ ~~ C:osts $ Rent in Arrears $1,619.10 Costs $95.50 Server Fees $36.87 Sub Total $1,751.47 Post Judgment Costs $45.37 Total $1,796.84 ws 3~ 1 B 2 Printed: 09111/2012 3 34:12PM ;(;., , _~ ~ .. .,e ~EF2T1F1~,4TE C)F TITLE ~QR A ~-/E~,~~a:L.v~ 1' `I , 912 =`'I ^8298108ZOOD062-001 ~~\\''``~~~)) \ ~~~YAP95221 11982 YOUNG AMERICA] 34009654405 VA ~°\~ \ ~ ~ ... VEH;CI E IDENTIFICATION NUMREP. Y6FR L t.fAKt= GF VEHICLE ~ TITLE NUMBER ~ ~ ' ~~:. ~ '= MH I L~ ~ ~ j 1D/24l08~ E?(EMPT1 4 F30C1 r TYPE ~ DUP SEAT !'AP PRIOR fI7 LE 6'TFTE ~ ODOtd- PROCD. DATE I J;7G- +1ILE3 ODOM. STfSU5 r, ~ ~~''12/09/81 ~ 1D/24/08 ~ ~ L8,000~ I ,~ ~~ ~~ ~~h ;::TF PA T17LEU D47E OF ISSUE UP11 1DEN 'T/EIGHT 3'JW'R 4 ~ ~ 11t I(r ;~ '. ~~ii :ea=~ ~'" 1. ~~~~ ODOMETER D/~ISCLOSURE EXEMPT BY FEDERAL LAID ~ 'T REGISTEPED OWNEHiS) / ~ / p,~'~ ~E `.~V!' '~BARSARA A YANDERSLOOT `252 DEERFIELD RD 1 ~~~ CAMP HILL PA 17D11 4 ; ~' A//))f{ I ~/ - ,r I' ~1[i FIRST LIEN LAVOR CF. E ;ONU 1.~'d °A'IOR OF_ {. 1':'~~r~ 1 TITLE BRANDS I JGOPAEiER STATUS 1 JT~IA MILEAGE 1 !L£iVE ~XCEEU3 THE I.tEL:I1ANICFL ! I'.tI' S i THE TLAL I.:ILE t(;E ' TkE AGTIA ".llLEAGE-UUU\I TER f.FERING IFRI-IEU 1 -'.7F F"70t' ODUMETER OISCLOSUF{E S _ I TL 6RAr!US w a EvERIaE i:L SSIC VEHICLE .• Ef IU"E ~.~Et,.CLE _!~UT OF.CCLINTRY. L,UI f~ ICUL v1RAL E i1CLL ', CIN VEF.ICLE 1=: A OLICE VEHICLE k:E ON~7RUCTED TREET R. U P:.COVERFU ?HEFT 'JEHICLE I =EHICLE CO1vTA!NS R[:SSU ED vIN _. O~~': E~iICLE ,SM1VA9 0. TA%I 1 t t . U "211 uId v u I sled p': 1. 1 - : © F ~. en t f'rst ~~ ~': I! ho'dcr ~r!u. t (onvard th Title Icl 'h 9i :~r !let' :Ie t-, tns. :~rll uRriatr. Corm ind (ee. rR~r1~EJ HF_LEASED ~ ' HATE ~• RY SECOND LIEN RELEASED ;~ . ~ _ _ ~~11~ U T O R I ZED REPRESENTATIVE H AA ~ ~~' M.iLIP:G A DURES'S~~ ~ { I ~ r~ ~ ~ ~` /~ V y y ~ / ~~. BARBARA A VANDERSLOOT 1~. 252 DEERFIELD RD CAMP HILL PA 17611 N f. .~;~; ~~ J ~ 5 i. ® -; ks ~~I' ~ I «fy as f tl date 1 h olf I reco tl f the P n 1! nla Delia; me n .~ ~] ;",,? • • ` _li ~ ranspnn'. ('.G re'I'ct th 1 tl r .. .t l,olri 1 :7 hell ` ,' Ih~~ ' 1, ,.. -~ of the said vehicle. N_Y_,~ _V AUTNO ~"P?SENL4TiVE ALLEN D BIEHLER Secretary of"Pranspurtation SuRSCRIRED AnID SWORN If a co-purchaser other than your spouse is 'fisted and you want the title to ;!~ ra EEFORE. ME. be listetl as "Joint Tenants Wiih Rigt~,t ~i Survivorship" (On death of one r:_ n.:v -:;: ~R owner. title goes to surviving ovener ~ GHECF: HERE ^. Otherwise, the title ~a'~, will be issued as "Tenants In Comrrur /On death of one owner, interest of { deceased owner goes to his/he: 'iel_ .r esf_te). tilr.uar g6 0l PPRS.nr A-.,t r,lswl r o'.nl ' :"I ---' IF NO LIEU, CHECK (_.; I , HIS Ar ~ [ ~- II - • ~" F'^a REQUIRED) YES [~ 'JO i...i J }S~'. - : Wr 15T LIENHOWER FINANi:IAL INS117v111 I J rJl!~,t~FH ' ~ CCi 1ST ;.I ENHOLDER NAP.1E ~•OI __ _.~._..._._____.-_ 1 _ 'LI STREET Q ~~~ are srare~ zIR u ;"al r ~ iF NO 2ND LIEN, CHECK _j 'S THIS A N ~ T' o.,= '.". ~ =iFd REQUIREDI YES ~[ NOi_' ~-••~ • ~ ~ - :AND LIENFIO~DER FiNANCIA,. tO.S'':-: t 1 '„~i~~' _- J _ --_- -` ---_ --" LND LIENHOI DER NAME W SIGs lAillfi ('r APF'II n..l .N .,li'r ftl~i 1;1)~ !: - ---- - N I - STREES ___ ___-_ _. ::1(:t;A'iUFiE(11 :[~.1PFLICF`dl illt I:'-FUif ){i«f>Slt:fii Vl CITY1:1 E ZIP ~.' _' ;, ~~ • ~" _~? ~1. r ' :f .' :.I I - ~r. iP ;:: =a ~° C _ ;'l ~' [' • I' ' €,• '-. . i. l:i t • ~.'. ,•_/ r `~'. _ _H t "! "-. } BARBARA A. VANDERSLOOT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 12-5779 Civil MATTHEW DAWSON, =' Defendant _= PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO Pa.M.D.J.R. No. 1008(b) va Ej TO THE PROTHONOTARY: �i f Please terminate the supersedeas in the above-referenced matter by reason of the Defendant has failed to make the rental payment into Court for the rent for July 2013. Respectfully submitted, DiA1 sico, Esquire e Kearns, P.C. 3631 orth Front Street Harrisburg, PA 17110 Attorney for Plaintiff Date: 0 3 Upon confirmation of failure of the Appellant to deposit the monthly rent for more than thirty (30) days, the Supersedeas is terminated. PROTHONOTARY B • DEPUTY CERTIFICATE OF SERVICE AND NOW, this day of July, 2013, I hereby certify that I have served the within document on the following by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 CALDWELL &KEARNS KBy i 13003-001/205113 BARBARA A. VANDERSLOOT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • �} ra V. • No. 12-5779 Civil �= • err: C") MATTHEW DAWSON, • wr ► 31'Y Defendant • co CD a;r MOTION FOR RELEASE OF ESCROW MONEY --+' ro And now comes the Plaintiff, Barbara A. Vandersloot, by and through her attorneys, Caldwell & Kearns, P.C., and files the within Motion and in support thereof avers the following: 1. On August 13, 2012, a Landlord/Tenant Complaint was filed by the Plaintiff against the Defendant before Magisterial District Court 09-3-04. 2. On August 28, 2012, a judgment for possession and damages in the amount of $1,751.47 was entered against the Defendant. 3. On September 18, 2012, the Defendant filed an Emergency Motion for Leave to Appeal Nunc Pro Tunc and for Immediate Granting of a Supersedeas. 4. On October 1, 2012, this Honorable Court granted the Motion to allow the Defendant to file an Appeal Nunc Pro Tunc. The Court ordered that the Defendant must pay into the Prothonotary's escrow account the sum of$357.00 at the time of filing the appeal and within each 30 day period thereafter, pending further determination by the Court. Upon said payment, the supersedeas was granted as to the August 28, 2012 judgment for possession from Magisterial District Court 09-3-04. 5. On October 9, 2012, the Defendant filed a Notice of Appeal. 6. At the time of filing the appeal, the Defendant paid the monthly rent into the Prothonotary's escrow account in the amount of$357.00. The Defendant subsequently paid the monthly rent to the Prothonotary in November and December 2012 and January 2013. Upon Motion by the Plaintiff, these amounts were released to the Plaintiff by Order of this Honorable Court. 7. The Defendant has paid into the Prothonoray the $357.00 monthly rent for the months of February, March, April, May and June 2013. 8. The Defendant failed to make the July 2013 payment and, upon Praecipe filed by the Plaintiff, the Supersedeas was terminated on July 26, 2013. 9. The Plaintiff respectfully requests the release of the February through June 2013 rent previously deposited in the Prothonotary's account. 10. The undersigned hereby certifies that the Plaintiff has mailed a copy of this Motion with a request to indicate their concurrence or not a concurrence. Counsel for the Defendant did not object to this request. 11. The authority for this Motion can be found under Pa. R.C.M.D.J. No. 1008(b). WHEREFORE, it is respectfully requested that the Prothonotary release the amounts in escrow to the Plaintiff in care of the undersigned attorney. Respectfully submitted, 0•. -� , arsico, • • • " f ttD. No. 69804 CALy"ELL&KEARNS 363 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff Date: / 7 f 198224 CERTIFICATE OF SERVICE AND NOW, this 7 day of October, 2013, I hereby certify that I have served the within document on the following by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 CALDWELL & KEARNS BY /��`_ BARBARA A. VANDERSLOOT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v. • No. 12-5779 Civil • MATTHEW DAWSON, • Defendant • ORDER AND NOW this /o0 day of D t7 , 2013, upon Motion by the Plaintiff, unopposed by the Defendant, it is hereby Ordered that the Prothonotary shall release any and all li amounts in escrow deposited by the Defendant to the Plaintiff in care of the Plaintiff's attorney, Caldwell & Kearns. BY THE CO . ' J. ...Distribution: II ouglas K. Marsico,Esquire,Caldwell&Kearns,3631 North Front Street, (lrn(`')eCI /b 17-/3) Ha burg, PA 17110, airne M. Haley,Esquire,MidPenn Legal Services,401 East Louther Street, Carlisle,PA 17013 ear CS itsci, /d f!o/[ 3 up- C.3 ^7 Zc "J Check Date : 10/17/2013 * 2268 * Case No. Defendant Descriptions Amt Released Receipt 12-05779 VANDERSLOOT BARBARA A RENT 357 . 00 286363 12-05779 VANDERSLOOT BARBARA A RENT 357 . 00 287242 12-05779 VANDERSLOOT BARBARA A RENT 357 . 00 288748 12-05779 VANDERSLOOT BARBARA A RENT 357 . 00 290266 12-05779 VANDERSLOOT BARBARA A RENT 357 . 00 291610 Check Amount: INFJC7N 9C5RPQR9TION[L1558HB]4681375 David D. Buell ORRSTOWN BANK SHIPPENSBURG,PA 1 CUMBERLAND COUNTY PROTHONOTARY OFFICE 60-15031313 GENERAL FUND I I COURTHOUSE SQUARE,SUITE 100 CARLISLE,PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT s C o 10/17/2013 2268 $1, 785 . 00 0 One Thousand Seven Hundred Eighty Five And 00/100 Dollars TO THE ORDER OF CALDWELL AND KERNS 2012-5779 0 3631 NORTH FRONT STREET HARRISBURG, PA 17110 ]' �r , 1 vsv AUTHORIZEDSIGNAT R5 i�'00 2 26811' ':0 3 L 3 1 50 3 6': 108 L L L l 7 L11' 12014510172013 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount CALDWELL AND KERNS RENT 2/12/2013 PYMT/CASH 286363 12-05779 357.00 3/04/2013 PYMT/CASH 287242 12-05779 357.00 4/05/2013 PYMT/CASH 288748 12-05779 357.00 5/08/2013 PYMT/CASH 290266 12-05779 357.00 6/07/2013 PYMT/CASH 291610 12-05779 357.00 10/17/2013 2268 1,785.00 ** Total Amount Released 1,785.00 End of Listing