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HomeMy WebLinkAbout13-2400 Supreme Co iW01c5 sylvania COur Hof .Commo leas For Prothonotary Use Only: C Vil bVerSh t ;." V,.�l� Docket No: 1 j Cu erland'" r County 11ln The information collected on this form is used solely for court administration purposes. This forin does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition El Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Stanley Dye Don Spincken Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? x Yes 0 No O (check one) []outside arbitration limits N Is this a Class Action Suit? 0 Yes JE No Is this an MDJAppeal? Ix Yes 0 No A Name of Plaintiff /Appellant's Attorney: El Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Nuisance 0 Board of Elections Dept. of Transportation R Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include L'j mass tort) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: J Employment Dispute: Other Q Zoning Board T 0 Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste IO Ejectment Q Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus xJ Landlord/Tenant Dispute _l Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Partition Replevin 0 Legal © Quiet Title 0 Other: Q Medical Other: 0 Other Professional: Updated 11112011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No 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. NAME OF APPELLANT :: gM A �G:.D 1 I STT. NO. : � �N �AMEO�F DJ Don Spincken -3-04 norable Pa ula P. Correal ADDRESS OF APPELLANT CITY STATE ZIP CODE 2215 Brookwood Street Harrisburg PA 17104 DATE OF JUDGMENT IN THE CASE OF (Plainfil� April 9, 2013 (Defendant)' DOCKET No. Stanley Dye vs Don Spincken & Kristan Spincken SIGNATURE OF PPELLANT OR ATTORNEY OR AGENT MJ 09304 -LT- 0000049 -2013 ' This block will be signed ONLY when this notation is required under Pa. If appellant was an (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of 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 Stanley Dye 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. Stg appellant or attomey o - agent RULE: To Stanley Dye appellee(s) Name of appel /ee(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 MAY ENTE D AGAINST YOU. (3)�The date of service of this rule if service was by mail is the date of the mailing. Date. �1 ► 20 13 VINV USNUd AiNi1OO ONV1839wo (� Signature of Prothonotary or Deputy 1 U ' 1I t wY x 1 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDG N1, RANSCRIPT FORM WITH THI NOTICE OF APPEAL. �,8VIONOH.t0�1_c! 3H J AOPC312- 05'��� Ck.l 518�3� -8 09901 COMMONWEALTH OF PENNSYLVANIA Notice o f Judgment/Transcr t COUNTY OF CUMBERLAND p Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 MDJ Name: Honorable Paula P. Correal Stanley Dye V. Address: 5275 East Trindle Road Don Spincken, Kristan Spincken Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 { Don Spincken 90 Salem Church Road Lot 520 Docket No: MJ- 09304 -LT- 0000049 -2013 Mechanicsburg, PA 17050 Case Filed: 3/28/2013 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -LT- 0000049 -2013 Stanley Dye Don Spincken Judgment for Plaintiff 04/09/2013 MJ 09304 -LT- 0000049 -2013 Stanley Dye Kristan Spincken Judgment for Plaintiff 04/09/2013 Judgment Su _... _____ �..___. --- .. mmary ._, ..__.. Participant Joint/Several Liability Individual Liability Amount Don Spincken $0.00 $5,693.67 $5,693.67 Kristan Spincken $0.00 $0.00 $0.00 Stanley Dye $0.00 $0.00 $0.00 Judgment Detail ( *Post Judgment) In the matter of Stanley Dye vs. Don Spincken on 4/09/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $405.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $5,510.00 $5,510.00 Filing Fees $0.00 $146.50 $146.50 Costs $0.00 $5.00 Server Fees $0.00 $32.17 $5.00 $32.17 Grand Total: $5,693.67 Por rt on of judgment for h sical damages P Y arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 9 Printed: 04/23/2013 2:41:30PM Stanley Dye V Docket No.: MJ 09304 -LT- 0000049 -2013 � Don Spincken, Kristan Spincken l 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. 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 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, 1 '-j._ OR OTHERWISE COMP - LIES- Wt'rH_THE- JUDGMENT. i Date Senior agisterial District Jude Paula P. Coifeal certify that this is a true and correct copy of the — 7 — r o e procee i gs conta ping the lu grrient Y, •,; t Date `agisterial District Judge { 1 1 MDJS 315A Page 2 of 3 9 Printed: 04/23/2013 2:41:30PM Stanley Dy ' Docket No.: MJ- 09304 -LT- 0000049 -2013 V. Don Spincken, Kristan Spincken I i Participant List Plaintiff(s) Stanley Dye 35 W North Street Carlisle, PA 17013 Defendant(s) Don Spincken " -- _ _ 90 Salem Church Road Lot 520. Mechanicsburg, PA 17050 Kristan Spincken ? • 90 Salem Church Rd. Lot 520 Mechanicsburg, PA 17050 MDJS 315A Page 3 of 3 Printed: 04/23/2013 2:41:30PM 2013 MAY -9 Ph 1= 03 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEPJ(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served El a copy of the Notice of Appeal,Common Pleas No. upon the Magisterial District Judge designated therein on (date of service)Z;�, 20 13 ❑ by personal service ❑ by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name) s` wyo° on 2013 ❑by personal service0 by(certified)(registered)mail, sender's receipt attached hereto. TH SO 1"% DAY OF t(AFFIRMED)AND 20UBSCRIBED BEFORE ME Si ature of official befo whom affid5vil was k8e S gnature ffiant Nd���, Title of official My commission expires onAin. �,20 / r.r�..r 0TIA114AL SEAL TAMW E 01111PEay FKs�t* N A Tw. DAUPNM Coulm CNINNUI n EVIM Avg 6.2016 AOPC 312A-05 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Ron,ly;No Insurance Coverage Provided) J3 CA W.46 0106 postage $For delivery information visit our website at www.usps.come --f1. rU C3 Carfified Fee de .7 3 re C. Return Receipt Fee ` rem M 0,10312013 Totw Postage&Fees $ '��� Ln C3 ITO i I A) a PS Form 3800,June 2002 See Reverse for lnstrrrctinns - U.S. Posta! ServiceTM CERTIFIED MAILTM RECEIPT r (Domestic Mail Qnly;No Insurance Coverage Provided ' For delivery information vtsit our weh�•f�.�:�>,k� us s.c4m� ' 'o a r s Postage IS ru Certified Fee $3. M l I C3 Return Receipt(Endorsement Required) �� Here Restricted Delivery rq (Endorsement Required) i .s Ln M Sent To '01r-Ir 74M :�lilriMlll' .. _ . / / or Box PS Form 3800,June 2002 -See Reverse-tor Instructions IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA (D Wei LIJI M STANLEY DYE Plaintiff vs. No. 13-2400 Civil ?m Y ; Z. n --� T DON SPINCKEN and CIVIL ACTION '' KRISTAN SPINCKEN Defendants IMPORTANT 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 days (20) days after this complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you by the court without further notice for any money.claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 p IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA r v E) •C C7 _-4 maC—, -- STANLEY DYE cam ' Plaintiff _y v7 VS. No. 13-2400 Civil Term ` DON SPINCKEN and CIVIL ACTION KRISTAN SPINCKEN Defendants COMPLAINT And now this 16th day of May, 2013, comes Plaintiff, Stanley and complaints of Defendanst as follows: Parties and Background 1. Plaintiff is the owners of property located on 90 Salem Church Road, Mechanicsburg, Cumberland County, PA 17055. 2. Plaintiff operates a Mobile Home Park with the name Salem Acres MHP at 90 Salem Church Road, Mechanicsburg, PA 17055 the said property location and lease lots to owners of mobile homes. 3. Defendants are the owner of a mobile home which is currently located at Lot 520, 90 Salem Church Road, Mechanicsburg, Pa 17055 4. Defendants lease the Lot from Plaintiffs for a rent of$405.00 per month. 5. Defendants have refused to pay rent and is delinquent for the months of April, May June, July, August, September, October,November, December 2012 and January, February, March, April 2013 6. Defendants agreed to pay late fees and in the amount of$40.00 per month for any payment not received by Plaintiff by the 5th day of the month when Lot rent is due and owing. 7. Past due and current rent is accumulating together with additional late fees. 8. Defendants are in breach of their lease with Plaintiff. 9. Plaintiff brought an action against Defendants with the Honorable Paula Correal and after a hearing was awarded$5,693.67 plus possession. 10. Defendants appealed to this Court. 11. Plaintiff is entitled to the past due rent, current due rent together with appropriate late fees. 12. Plaintiff is entitled to possession. WHEREFORE, Plaintiff prays for a judgment of possession together with a money judgment against Defendants in an amount equal to all past due and current rent, late fees, interest and costs of this action, said amount which is less than fifty thousand dollars. Respectfully submitted, STANLE' DYE, Pro Se IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE Plaintiff vs. No. 13-2400 Civil Term DON SPINCKEN and CIVIL ACTION KRISTAN SPINCKEN Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Complaint was duly served this date by United States First-Class Mail, postage prepaid upon the following persons or entities: Don Spincken and Kristan Spinken 90 Salem Church Road Lot #520 Mechanicsburg, PA 17055 Don Spincken 2215 Brookwood Street Harrisburg, PA 17104 Date: May 16, 2013 STANLEY D E, Pro o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE, : Plaintiff DOCKET NO. 13-02400 : V. r -t CIVIL ACTION - LAW DON SPINCKEN and 7W KRISTAN SPINCKEN, y u s ' Defendants -r NOTICE TO PLEADy •' TO: Stanley Dye,Plaintiff 35 West North Street Carlisle,PA 17013 You are hereby notified to file a written response to the enclosed New Matter of Defendant Don Spincken within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Date D , ro se i t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE, ; Plaintiff DOCKET NO. 13-02400 V. ; CIVIL ACTION - LAW DON SPINCKEN and KRISTAN SPINCKEN, Defendants ANSWER OF DEFENDANT DON SPINCKEN TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW comes Defendant Don Spincken and files the within Answer to Complaint and New Matter and, in support thereof, respectfully represents and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendant Kristan Spincken is the owner of the mobile home located at Lot 520, 90 Salem Church Road, Mechanicsburg, PA 17055. It is denied that Defendant Don Spincken is the owner of said mobile home, having sold it to Kristan Spincken on May 22, 2012. Copies of the current title and Cumberland County assessment card are attached hereto as Exhibits "A" and "B" respectively. 4. Denied. Defendant Don Spincken does not reside at Salem Acres MHP, having relocated to Harrisburg on March 31, 2012, nor does he own any property in Salem Acres MHP. As to the existence of any lease after March 31, 2012 and/or the terms thereof, Defendant Don Spincken, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Proof thereof is demanded at the trial of this cause if relevant. n 5. Denied. Defendant Don Spincken neither resides in nor owns any property at Salem Acres MHP. By way of further answer, rent was paid current through and including March 2012, when Defendant Don Spincken moved and sold the mobile home. As to any alleged rent due after March 31, 2012, Defendant Don Spincken, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Proof thereof is demanded at the trial of this cause if relevant. 6. Denied. Defendant Don Spincken neither resides in nor owns any property at Salem Acres MHP. As to any alleged late fees incurred after March 31, 2012, Defendant Don Spincken, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Proof thereof is demanded at the trial of this cause if relevant. 7. Denied. After reasonable investigation, Defendant Don Spincken is without knowledge or information sufficient to form a belief as to the truth of the averment set forth in Paragraph 7 of Plaintiffs Complaint and the same is therefore denied. Proof thereof is demanded at the trial of this cause if relevant. By way of further answer, Defendant Don Spincken neither resides in nor owns any property at Salem Acres MHP. 8. Paragraph 8 of the Complaint is a conclusion of law to which no responsive pleading is required. To the extent a response is required, said allegation is denied. Defendant Don Spincken neither resides in nor owns any property at Salem Acres MHP. As to the existence of any lease, the terms thereof, and/or whether or not any such lease has been breached, Defendant Don Spincken, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of said allegation and the same is therefore denied. Proof thereof is demanded at the trial of this cause if relevant. 9. Admitted in part and denied in part. It is admitted that Plaintiff brought an action against Defendant Don Spiken [sic] and, after hearing, judgment was awarded in favor of the Plaintiff and against Defendant Don Spincken in the amount of $5,693.67 ("DJ Action"). It is denied that the DJ Action was brought against both Defendants. Kristan Spincken was not added as a Defendant until the judgment was rendered as evidenced by the pleadings in the DJ Action, copies of which are attached hereto as Exhibit "C". It is further denied that Plaintiff was awarded possession. If possession was awarded, it was only to be awarded at the time of eviction. 10. Admitted in part and denied in part. It is admitted that Defendant Don Spincken filed an appeal from the judgment rendered in the DJ Action. As to whether or not Kristan Spincken has filed an appeal, Defendant Don Spincken, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of said allegation and the same is therefore denied. Proof thereof is demanded at the trial of this cause if relevant. 11. Paragraph 11 of Plaintiff s Complaint sets forth a conclusion of law to which no responsive pleading is required. To the extent a response is required, Defendant Don Spincken neither resides in nor owns any property at Salem Acres MHP. 12. Paragraph 12 of Plaint'i'ffs Complaint sets forth a conclusion of law to which no responsive pleading is required. To the extent a response is required, Defendant Don Spincken neither resides in nor owns any property at Salem Acres MHP. WHEREFORE, Defendant Don Spincken respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and award Defendant Don Spincken such costs of suit as may be allowed under applicable law. NEW MATTER 13. Paragraphs 1 through 12 above are incorporated herein as if set forth at length. 14. Defendant Don Spincken's current address is 2215 Brookwood Street, Harrisburg,PA 17104. 15. Plaintiff made no effort to locate Defendant .Don Spincken for service purposes prior to filing the DJ Action. A records search at either the PA Department of Motor Vehicles or the Bureau of Voter Registration would have revealed his current address. 16. Defendant Don Spincken was never served with any pleadings from the DJ Action. Service was attempted by posting the property at Lot 520, 90 Salem Church Road, Mechanicsburg, PA 17055 as evidenced by the Service of Process attached as part of Exhibit "C". Defendant Don Spincken neither resides in nor owns any property at such address. Defendant learned of the DJ Action by word of mouth and subsequently called the office of the Honorable Paula P. Correal on April 17, 2013 and requested that copies of the pleadings be faxed to him. WHEREFORE, Defendant Don Spincken respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and award Defendant Don Spincken such costs of suit as may be allowed under applicable law. Respectfully submitted, 4 Date l 4&11--? on S j< cken se 4 I, . � �::;�.r CERTIFICATE OF TITLE FOR A VEHICLE �� s ,493 12}i4 b40 `7 22L3CIfl52 4 b`371 I, :FLA l I�G4'. B28E}7944810 .SP . VEHICLE IDENTIFICATION NUMBER YEAR MAKE OF VEHICLE TITLE NUMBER DY T YP E 5l22f12 It 80 1 OUP SEAT CAP PRIOR TITLE STATE ODOM PROCD.DATE ODOM.MILES DOOM.STATUS It V. 1r0 '1t1,71. S,l22l.12 DATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT GVWR 66W: CWR TITLE BRANDS E ODOMETER STATUS 0=ACTUAL MILEAGE - t=MILEAGE EXCEEDS THE MECHANICAL LIMITS k f" �•` 2=NOT THE ACTUAL MILEAGE 3=NOT THE ACTUAL MILEAGE-ODOMETER TAMPERING VERIFIED E. ODOMETER DISCLOSURE E ERAL LA� ,� 4=EXEMPT n�B �ODOMETER DISCLOSURE i REGISTERED OWNER(S) A=ANTIQUE VEHICLE Af 1` i,✓`� '`""s - C=CLASSIC VEHICLE n.=CAL.ECaLE_VEHICLE F OUT OF COUNTRY T SPINCKE G GIINALLLMFGD.FOR NON-U.S.SALEM CHURCH RD f DISTRIBUTION 520 >,-,-. dx/ . H=AGRICULTURAL VEHICLE ('� ^� - L =LOGGING VEHICLE MECHANICSBURG PA 17050 R RECONSTRU RECONSTRUCTED. VEHICLE R_ R=RECONSTRUCTED f S=STREET ROD T=RECOVERED THEFT VEHICLE V=VEHICLE CONTAINS REISSUED VIN W=FLOOD VEHICLE FIRST LIEN FAVOR O X<ISANAS A TAXI -- F: SECOND LIEN FAVOR OF: f= r It a second lienholder is listed upon satistaction of the first lien, fha fifst E lienhoider must forward this Tire to the Bureau.of Motor vehicles with the t appropriate form and fee. _ FIRST LIEN RELEASED E. DATE BY SECOND LIEN RELEASED [ _ AUTHORIZED REPRESENTATIVE DATE MAILING ADDRESS BY 1 w AUTHORIZED REPRESENTATIVE F r` KRISTAN T SPINCKEN 90 SALEM CHURCH RD LOT 52'0 MECHANICSBURG PA 17050 Pennsylvania DEPARTMENT OF TRANSPORTATION ; i w I certify as of the date of issue,the official records of the Pennsylvania Department BARRY J SCHOCH 1 P• E' of Transportation reflect that the person(s)or company named herein is the lawful owner of the said vehicle. Secretary of Transportation APPLICATION TO BE COMPLETED BY PURCHASER WHEN VEHICLE IS SOLD AND THE 1 ° TITLE ANO LIEN INFORMATION- COMPLETED SUBSCRIBED AND SWORN If a co-purchaser other than your spouse is listed and you want the title to To BEFORE ME: be listed as'Joint Tenants With Right of Survivorship'(On death of one MO. DAY YEAR ` owner,title goes to surviving owner)CHECK HERE la Otherwise,the title will be issued as'Tenants in Common'(On death of one owner,interest of deceased owner goes to his/her heirs or estate). p - - SIGNATURE OF PERSON ADMIMSTERING OATH IF NO LIEN,CHECK❑ IS THIS AN ELT?:(IF YES,FIN REQUIRED) YES❑ NO❑' - •�_. ¢ - j 1ST LIENHOLDER FINANCIAL INSTITUTION NUMBER: -- - t IST.LIENHOLDER NAME CIL STREET - p CITY STATE ZIP IF NO 2ND LIEN,CHECK❑IS THIS AN ELT?(IF YES,FIN REQUIRED)YES❑NO❑ .The and-17ed Mraby makes aooEalloe for cenftele of Tine b tM vehicle described L - '.:A.-s�o is w me en—trances aed Omer legal daima.1 forth here _ i 2ND LIENHOLDER FINANCIAL INSTITUTION NUMBER: 2ND LIENHOLDER NAME V t SIGNATURE OF APPLICANT OR AUTHORIZED SIGNER STREET 00 SIGNATURE OF CO-APPUCANT/TITLE OF AUTHORIZED SIGNER CITY STATE ZIP 10-19-1606-018.-TR00291 1 SPINKEN >> PROPERTY RECORD CARD - CUMBERLAND COUNTY << T 1 KRISTAN T I Fair Market Clean & Green: NO SPEC ID: 2000 CTL:10005382 I I Land - 0 L - TIEBACK: 10-19-1606-018. I 90 SALEM CHURCH ROAD LOT 520 I Bldg - 2000 B - School: 4 Nbad: 1048 I I Total - 2000 T - Part Interest of I MECHANICSBURG PA 17050. (Assessed - 2000 A - RESIDENTIAL INFORMATION: I GPS I--------------------------------------------------- Building Descript WHITE/BLUE TRIM I Lat. :40.14573 I Stories Group. . . . 1 PROPERTY TYPE. . . . . T ( 108 ) 1 Long: 76.5979 1 Dwelling Type. . . . MFG-SW Year Built. . (est) . 1971 I-----------------I Exterior Walls. . . Aluminum Remodeled. . . . . . . . . I I Neighborhood Type MHPK Effective Age. . . . . 1971 I I---------------------------------------------------- Heating Dist. . . . . Forced Air Cond (Int & Ext) . . S I I Finished Bsmnt: I Living Area. . . . : 672 Heating Source. . . KEROSENE PRELIM GRADE. . . . . . D-20 I I Basement Garage I Enclosed Porch. : Total/Bed Rooms. . 4 / 2 I 10 cars, apprx: 0 I Bsmt/LL Garage. : Full/Half Baths. . 1 / 1 I ( % complete M.V. I COST I Fireplace Count. . 0 I 1 1/1 12 - Central A/C. . . . . . AC I FINAL RESIDENTIAL VALUE. . . = 2016 I 2016 Basement. SLB % I I Lot Type: Interior I I Terrain : Level I OUTBUILDING VALUE. . . . . . . . . = 0 I 0 I Sewer : Public I I Water : Public I I I Other Residentials Road : Paved ( ) = I I AgScrty: N Sdewlk: Y I I GasAval: WS SpView: N I Other Commercials ( ) = I I Histric: N WtrFnt: N I I RailAvl: N -TreeCv: 0 i TOTAL IMPROVEMENT VALUE. . . = 2000' 1 2000 Mobile Home Class: ECO Park: 1015 S 2200852 I I Size: 12 X 56 Addn: Y i I Limiting Factors: I 56 56 ASSESSED VALUE HISTORY I 27P-8 ASMT FM LAND FM BLDG FM TOTAL -- ST CG LAND CG BLDG CG TOTAL i 07/01/2010 0 2000 2000 I 06/30/2010 0 1630 1630 I 07/01/2004 0 1630 1630 I 16 16 06/30/2004 0 2020 2020 I I Grantee Book/Page Date Price Ad Pricel 8 SPINCKEN, KRISTAN T I ------- SPINKEN, DONALD GODDARD, JOHN 1 CAMPBELL, GALEN GODDARD, JOHN I 12 # 1 10-19-1606-0IS.-TROO291 I SPINKEN, KRISTAN T I PROPERTY RECORD CARD (Page 2) - CUMBERLAND COUNTY TYPE:T -Mobile Home - No Land I I Loc: 520 SALEM ACRES 1 90 SALEM CHURCH ROAD LOT 520 1 Neighborhood: 1048 Salem Acres MHP Des: SALEM ACRES I Zoning. . . . .. : MECHANICSBURG PA 17050 I Township. . . . : 10 HAMPDEN TOWNSHIP ID# TYPE DESC. I SIZE STY SQFT j /CONDIPRICE I FACTOR I VALUE I 1 PORTABLE METAL I lOx 8 x 1 = 80 11971 G 1 .0 1 1 1 Plot Plan: No Plot Plan Entered ====Road Frontage TOTAL OUTBUILDING VALUE: 0 LOT SIZE: actual frontage Total Lot SqFt I I PHOTO ID NUMBER: EGO09792 Frontage: Depth: FF?: I I General Remarks: Type: Int Perc: I 1 12/27/05 ADD CHG PER TWP FAIR MARKET LAND VALUE I 1 04/01/03 MH OWNERSHIP CHG PER PARK ACRES BASERATE INDX SLOPE PROD $/ACRE VALUE LOT SQFT BASEACRE TILURES WOODED NON-TILL DEEDED .00 Fair Market Land Value; 0 AGRICULTURAL USE LAND VALUE BASERATE PRODUCTIVITY $/ACRE VALUE BASEACRE TILLABLE WOODED NON-TILL DEEDED .00 Ag Use Land Value: Clean & Green? NO Ag Sec Area: N Avg Slope: -- � • v ' � ant 04/17/2013 at 13:26:58 — from — 7179605596 to 7175405481 p3/10 COMMONWEALTH OF PENNSYLVANIA Landlord/Tenant Complaint COUNTY OF CUMBERLAND Meg, Dist.No: MDJ-09-3-04 PLAINTIFF: NAME and ADDRESS MDJ Name: Honorable Paula P. Correal 1—�c a'n �``� `f 5 0� Address: 5275 East Trindle Road 5 ��— Suite 110 LAC U r-� is C" Mechanicsburg,PA 17050 DEFENDANT: vS. NAME and ADDRESS Telephone: 717-697-2201 Fp o N 610 SOL AMOUNT DATE PAID r FILING COSTS $ 1 "e� �' n t ��vim �l" c —� --i— Docket No: / 1��.. POSTAGE $ I ! Case Filed:. SERVICE COSTS $$ CONSTABLE ED. $ �] TOTAL $ R5, Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s)asks judgment together with costs against you for the possession of real property and for: Lease is 31 Residential Nonresidential n Damages for injury to the real property,to wit: in the arnount of: $ Damages for the unjust detention of the real property in the amount of $ Rent remaining due and unpaid on filing date in the amount of _ ° And additional rent remaining due and unpaid on hearing date .. $ Attorney fees in the amount of $ THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ SS 1.The location and the address,if any,of the real property is: 2.The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. Notice to quit was given in accordance with law,or No notice is required under the terms of the lease. 5. F�The term for which the property was leased or rented is fully ended,or A forfeiture has resulted by reason of a breach of the conditions of the lease,to wit: or, Rent reserved and due has,upon demand, remained unsatisfied. 6. You re ain the real property and refuse to give up to its possession. I, verify that the facts set forth in this complaint are true and correct t6 the best of my k wledge,information and belief.This statement is made subject to the penalties of Section 4904 of the Crimes Code(18 PA.C.S.§4904)relating to unsworn falsification to authorities. (Signature of Plat The plaintiff's attorney shall file an entry ol'appearance with the magisterial district court pursuant to Pa.R.C.P.M.D..L 207.1 IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing.IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing,YOU MUST FILE it on the complaint form at the office BEFORE THE TIME set for the hearing.IF YOU DO NOT APPEAR AT THE HEARING,a judgment for possession and costs,and for damages and rent it claimed,may nevertheless be entered against you.A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and Its services,please contact the Magisterial District Court at the above address or telephone number.We are unable to provide transportation. MDJS 310A 1 Printed:03/05/2012 3:03:12PM 04/17/2013 12:30 No. : R274 P .003/010 ant 04/17/2013 at 13:27: 57 - from - 7179605596 to 7175405481 p4/10 MAR-27-2012 TUE 09:52 AM P- 001 LANDLORD AND TENANT COHPLAXNT PLEASE NOTE: REAL PROPERTY MUST BE LOCATED IN TI4[S MAGISTERIAL DISTRICT. PLEASE CHECK WITH CLEM(TO VERIFY LOCATION OF PROPERTY. YOUR NAME_ ,:� 1 j � � DEPENDANT'S NAME_Q,9 ADDRESS TELEPHONE_42/ 2)� 0 -z CHI,CI(THE A13PROPRIA.TE BOXES. TO THE DEPENDANT: WE ASK JUDGMENT TOGETHER WITH COSTS AGAINST YOU FOR THE POSSESSION. OF REAL,PROPERTY AND FOR: „ ( ) DAMAGES FOR INJURY TO THE REAL PROPERTY TO WIT TN THE AMOUNT OF$ ( ) DAMAGES FOR THE UNJUST DETENTION OF REAL PR.OPF-kTY [NTH E AMOUNT OF$ (1A, RENT KtMAINING DUE AND UNPAID IN THE AMOUNT OF$ 3�/a THE PLAIl\FCIFF FURTHER ALLEGES THAT:(PLEASE COMPLETEAPPROPRIATE INFORMATION) I. THE.LOCATION AND THE ADDRESS OF THE REAL PROPERTY IS ? o 4=' , 2. THE PLAINTIFF IS TINE LANDLORD OF THAT PROPERTY. 3. HE LEASED OR RENTED TO YOU OR TO 4.( ) NOTICE TO REMOVE WAS GIVEN IN ACCORDANCE TO THE LAW OR ( ) NO NOTICE IS REQUIRED UNDER'THE TERMS OF THE LEASE. 5.( ) THE TERM FOR WHICH THE PROPERTY WAS LEASED OR RENTED IS FULLY ENDED ( ) A FORFEITURE WAS RESULTED BY REASON OF A BREACH OF THE CON- DITION OF THE LEASE. TO WIT { ) RENT RESERVED AND DUE I-[AS, UPON DEMAND, REMAINED UNSATISFIED. $_ 'YOU RETAIN THE REAL PROPERTY AND REFUSE To OnrE UP ITS POSSESSION. AMOUNT OF MONTHLY RENT �/ f 3' SECURITY DEP OSIT AMOUNT r IS THIS A RESIDENTIAL LEASE?- KYES []NO '*PLEASE NOT)S•: IP THE LEASE TERM HAS NOT ENDED AND EVICTION CAUSE IS I'OR UN-PAID FZNT ONLY, TBaS IS CONSIDERED A"PAY AND STAY' rFj TENANT PAYS AMOUNT DUE THEY SHALL BE ALLOWED TO )2ETAJ N POSSESSION. SIGNATUI.E - DATE 04/17/2013 12:31 No. : R274 P.004/010 ant 04/17/2013 at 13:29:22 - from - 7179605596 to 7175405481 p6/10 i COMMONWEALTH OF PENNSYLVANIA Recovery of Real Property Hearing COUNTY OF CUMBERLAND Notice I i Mag.Dist.No: MDJ-09-3-04 Stanley Dye MDJ Name: Honorable Paula P.Correal V. Address: 5275 East Trindle Road Don Spiken Suite 110 Mechanicsburg,PA 17050 Te I e p h on e: 717-697-2201 File Copy Docket No: MJ-09304-LT-0000049-2013 Case Filed: 3/2812013 A Recovery of Real Property Hearing has been scheduled for the above captioned case to be held on/at: Date:Tuesday,April 9,2013 Place: Magisterial District Court 09-3-04 5275 East Trindle Road Suite 110 Time: 9:30 AM Mechanicsburg,PA 17050 717-697-2201 Notice To Defendant i A Iandiordhenant complaint has been filed against you for the recovery of possession of real property,and or money and damages associated with the above captioned case. If you have a defense to this complaint,you may present it at the hearing. i If you have a claim against the plaintiff arising out of the occupancy of the premises,which is within the jurisidictionof the magisterial district judge and which you intend to assert at the hearing,you must file it on a complaint form at this office before the time set for the hearing. If you do not appear at the hearing,a judgment for possession and costs,and for damages and rent if claimed,may nevertheless be entered against you. A judgment against you for possession may result in your eviction from the premises. j�y11P�.f March 28,2013 i Date Senior Magisterial District Judge Paula P.Correal 1 i i If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number..We are unable to provide transportation. You can make case payments online through Pennsylvania's Unified Judicial System web portal. Visit the portal at http✓/ujsportal.pacourts.us to make a payment. i MDJS 308 1 Printed:03/2812013 2:50:56PM i I 04/17/2013 12:32 No. : B274 P . 006/010 ant 04/17/2013 at 13 :30 :06 - from - 7179605596 to 7175405481 p7/10 I Docket No.: MJ-09304-LT-0000049-2013 Recovery of Real Property Hearing Notice I File Copy Recipient List Addressed To: Stanley Dye(Plaintiff) 35 W North Street Carlisle,PA 17013 Don Spiken(Defendant) 90 Salem Church Road Lot 520 Mechanicsburg,PA 17050 i i I i I I i i i I 1 i i i i i { I i I I i i MDJS 308 1 Printed:03/28/2013 2:50:56PM I I 04/17/2013 12:33 No. : R274 P .007/010 ant 04/17/2013 at 13 :28 :49 — from — 7179605596 to 7175405481 p5/10 COMMONWEALTH OF PENNSYLVANIA Service of Process COUNTY OF CUMBERLAND Mag.Dist.No: MDJ-09-3-04 Stanley Dye i MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindie Road Don Spiken Suite 910 Mechanicsburg,PA 17050 Telephone: 717-897-2201 File Copy Docket No: MJ-09304-LT-0000049-2013 `r I Case Filed: 3/28/2013 I i i Served upon Don Spiken, by handing a copy of Describe Document(s): Landlord/Tenant Complaint Recovery of Real Property Hearing Notice to (Person actually served) (Relationshipfiitle) on at M., at (Date) (Time) (Location) For Landlord/Tenant complaints: Since none of the above found, served by posting.a copy of the complaint conspicuously on the premises at l :Oi�1�' M., at ( at (Time) �S,v�am (Location) I Miles traveled: VAIJ (Signature) r (Name and Title) MDJS624 1 Printed:43/28/2013 2:51:51PM 04/17/2013 12:32 No. : 8274 P .005/010 gent 04/17/2013 at 13:30:25 - from - 7179605596 to 7175405481 p8/10 9 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist.No: MDJ-09-3-04 Stanley Dye MDJ Name: Honorable Paula P. Correal V Address: 5275 East Trindle Road Don Spincken, Kristan Spincken it Suite 110 ! Mechanicsburg,PA 17050 Telephone: 717-697-2201 ph Don Spincken �I 90 Salem Church Road Lot 520 Docket No: MJ-09304-LT-0000049-2013 Mechanicsburg, PA 17050 Case Filed: 3/28/2013 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition.Summary _............_..... .._.....:.._....,_................... ..............._.....,..............._.. .. Docket No Plaint ff Defendant Disposition Disposition Date MJ-109304-LT-0000049.2013 Stanley Dye Don Spincken Judgment for Plaintiff 04/09/2013 MJ-09304-LT-0000049-2013 Stanley Dye _ Kristan Spincken Judgment for Plaintiff 04/09/2013 -._._.._.:.._..._...._.......- ..v...._.._._..._....._._............. ........ . Judgment Summary Participant JointlSeverM Liability Individual Liability Amount Don Spincken $0.00 $5,593.67 $5,693,67 Kristan Spincken $0.00 $0.00 $0,00 Stanley Dye $0.00 $0.00 ..'.... ..........................._............_..._.._.._......_,.._....._.....................:....:........ . ..... ..... . $0.00 Judgment Qetall (•PostJuagment) :.. ....................._.._......... .. In the matter of Stanley Dye vs.Don Spincken on 4109/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$405.00 JudamentComponent Joint/Several Liability Individual Liability _ DenositApplied Amount Rent in Arrears $0.00 $5,510.00 $5,510.00 Filing Fees $0.00 $146.50 $146.50 Costs $0.00 $5.00 $500 Server Fees $0.00 .$32.17 $32.17 Grand Total: $5,693.67 Portion of judgment for physical damages arising out of residential lease: $0.00 I 3 MDJS 315A Page 1 of 3 Printed:0411 71201 3 10:30:43AM 04/17/2013 12:33 No. : R274 P.008/010 ent 04/17/2013 at 13:31 :04 from — 7179605596 to 7175405481 p9/10 Stanley Dye Docket No.: MJ-09304-LT-0000049-201 V. Don Spincken, Kristan SpIncken 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 PROTHONOTARYICLERK 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 SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK 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 COMPLIES WITH THE JUDGMENT, Date Senior Magisterial District Judge Paula P.Correat I certify that.this Is a true and correct copy of the record of Me proceedings containing the judgment.' Date Magisterial District Judge MDJS 315A Page.2 of 3 Printed:04/17/2013 10:30,43AM 04/17/2013 12:34 -No. : 8274 P.009/010 ant 04/17/2013 at 13 : 31 :49 — from — 7179605596 to 7175405481 p10/10 Stanley Dye Docket No.: MJ-09304-LT-0000049-2013 V. Don Spincken, Kristan Spincken Participant List Plaintiff(s) Stanley Dye 35 W North Street . Carlisle,PA 17013 Defendant(s) Don Spincken 90 Salem Church Road Lot 520 Mechanicsburg,PA 17050 Kristan Spincken 90 Salern Church Rd. Lot 520 Mechanicsburg,PA 17050 1 I ' MDJS 316A Page 3 of 3 Printed:04117/2013 10:30:43AM 04/17/2013 12:34 No. : 8274 P.010/010 CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Answer to Complaint and New Matter, by placing the same in the U.S.mail,postage prepaid, addressed to: Stanley Dye 35 West North Street Carlisle,PA 17013 Kristan Spincken 90 Salem Church Road,Lot 520 Mechanicsburg, PA 17050 Date Of Ot Don S 1 e r se