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HomeMy WebLinkAbout13-2581 Supreme Court OfTennsylvania Cmirt of Common"Pleas For Prothonotary Use Only. Civil Cover Sheet Docket No: v. County f3-02 8 O . _ w 1 "flue infornrcrtion Collected or/ this form is used solelil fir court administration purposes. This far•ru cloes trot supplement or replace the filing,and service ofpleadings or other papers Crs•required by lai•v or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons ® Petition E] Transfer from Another Jurisdiction rl Declaration of Taking - C Lead Plaintiff's Name: Lead Defendant's Name: I Are money damages requested? Ves F] No Dollar Amount Requested: Elwithin arbitration limits ® (check one) utside arbitration limits N Is this a Class Action Suit? El Yes No Is this an MDJAppeal? Yes [ No lt. Name of Plaintiff/Appellant's Attorney: Ltd— Check here if you have no attorney(area Self-Wpreseutecl (.Pro Se] 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 snaking 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 El Intentional Buyer Plaintiff Administrative Agencies El Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle ] Debt Collection:Other El Board of Elections Nuisance 0 Dept.of Transportation Premises Liability 0 Statutory Appeal:Other Q Product Liability(does not include E mass tort) Employment Dispute: Q Slander/Libel/Defamation Discrimination -- C [l Other: Employment Dispute:Other El Zoning Board T 52�Other: rl o I MD"C MASS TORT Other: Asbestos N 0 Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment Q Common Law/Statutory Arbitration B ] Eminent Domain/Condemnation Declaratory Judgment *Grpund Rent Mandamus s dlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial ©Quo Warranto Dental Partition ®Replevin Legal Quiet Title Other: Medical F! Other: Other Professional: Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT T COMMON PLEAS No. 13-I356i 1Vt I Ie-rr► 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 .}. ! " ' MAG.DIST.NO. NtA�ME OF MDJ 1 �-�- /Pill i e e 1 ,e t� �'_tl�S t0 A � 3-t)/19111 d 1 CI)Z n��c JJ1 A ' L)n A) ADDRESS OF APPELLANT '���"` ITY STAT IPA CODE DATE OF JUDGMENT IN T E CASE OF(Plainlifl) (Defendant)' DOCKET No. SIGNATURE OF AP NT OR ATTORNEY OR 0 j This block will be signed ONLY when this notation is required under Pa. If a e t was Claimant (see Pa. R.C.P. .J. N . 1001(6) in action R.C.P.D.J. No. 10086. 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 SUPERSEDE.AS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature u,Proth onotary 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 (J L- 7 appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 3-6L%58( Ct i l )elrrm )within twenty(20)days after s ice of rule or suffer entry f ju gment of non pros. (/"-- / Signature of appellant or attorney or agent RULE: To �� �, A)C),L , appellee(s) Nam of 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. (3i The dale of service of t`ois rule if service was by mail is the date of the mailing. Date. 20L3— 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 THE � G11t 2013 MiY -9 AM 9= 2 +., 'ER LAN C ilNi" " PENNSYLVANIA _ 1� COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND , Residential Lease Mag. Dist. No: MDJ-09-3-01 Henry Nolt MDJ Name: Honorable H.Anthony Adams V. Address: 35 West Orange Street Dannie Lee Stephenson Shippensburg, PA 17257 158 C41G�rnb�:rlin 4 �i pP�-nSbt�rg Telephone: 717-532-7676 File Copy Docket No: MJ-09301-LT-0000121-2013 Case Filed: 4/17/2013 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-09301-LT-0000121-2013 Henry Nolt Dannie Lee Stephenson Judgment for Plaintiff 04/29/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Dannie Lee Stephenson $0.00 $9,178.65 $9,178.65 Henry Nolt $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of Henry Nolt vs. Dannie Lee Stephenson on 4/29/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge, is$285.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $9,006.00 $9,006.00 Filing Fees $0.00 $146.50 $146.50 Server Fees $0.00 $26.15 $26.15 Grand Total: $9,178.65 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 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 FLEAS, 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, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed.04/30/2013 9:52:12AM Henry Nolt Docket No.: MJ-09301-LT-0000121-2013 V. Dannie Lee Stephenson Date Magisterial District Judge H.Anthony Adams I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:04/30/2013 9:52:12AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF: NAME and ADDRESS b�� I ('t4 � )) � County Of C vvr NO hT vs. DEFENDANT: NAME and ADDRESS Common Pleas Docket No. TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I,NV/Vi4Er �,�G SY'e�NL s��v 6 f c, f app � P,4. l alS"7 I�crhAc°rl�k RD (print name and address here), 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 have/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 'a.C.S. § 4904, relating to unsworn falsification to authorities. 2013 L )ate SIGNATURE OF TENANT )PC 312-08(B) IN THE COURT OF COMMON PLEAS Of , COUNTY, PENNSYLVANIA �/o LT Plafnti ff vs. No. 13— a5 81 ►t`fie rw L Te Defendant M CD PETITION TO PROCEED IN FORMA PAUPERIS r Za �y TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ' The Petition of /EL$��� dAlespectfully represents: 1. I am the l))e r— in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 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)!Lame: 0 1}tJ N 1 Address: Gh qe2 b ems11—I V R D • p,4 l- S97 Soc. Sec.No.: q 0 3 (b)Employment--If you are presently employed, state Employer: k) Address: Salary or wages per month: Type of work: 1'F o_ Pq 9 r 7 cP-C' l 3 -r --If you are presently unemployed, state Date of last employment: a 00 S Salary or wages per month: / '� , OC) Type of work: k f') L° L-.)G RK e-Q (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: W Support payments: Disability payments: f,J 1 Workman's compensation: Public assistance: Other: (d)Other contributions to household support l p O Spouse's Name: Pn-T ",-L s re—P If your spouse is employed, state Employer: Salary or wages per month: Type of work: Contributions from child(ren): Contributions from parents: Other contributions: (e) Property owned Cash: rr Checking account: Savings account: Certificates of deposit: (y wL '_ Real estate(including home). Motor vehicle: Make: ; Year: C 7 Cost: 3s"0GAmount owed: Stocks; bonds: Other: (f)Debts and obligations Mortgage: Rent: Loans: Other: Electric ��- C) Water Telephone 7, G Cable Credit cards Auto Insurance Gasoline /O,), , c Food (e) Property owned Cash: rr Checking account: Savings account: Certificates of deposit: (y wL '_ Real estate(including home). Motor vehicle: Make: ; Year: C 7 Cost: 3s"0GAmount owed: Stocks; bonds: Other: (f)Debts and obligations Mortgage: Rent: Loans: Other: Electric ��- C) Water Telephone 7, G Cable Credit cards Auto Insurance Gasoline /O,), , c Food (g)Persons dependent upon you for support Spouse's Name: p Child(ren), if any: Name(s) and age(s): Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date Peti toner 2� 7-5r3a - 375 SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION ****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY! This document contains important information about your case. Failure to comply with any instructions provided in these materials may cause you to be evicted before your appeal or writ is heard. 1. FOR TENANTS — SUPERSEDEAS: If you are a tenant and you filed the notice of appeal or praecipe for writ of certiorari, you must pay money into an escrow account to remain in the property until your appeal or writ is decided. This is called a 11 supersedeas." The supersedeas will suspend the magisterial district court judgment and will prevent your eviction until your case is heard by a judge and a final decision is made on the appeal or writ. IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON TIME, YOU COULD BE EVICTED BEFORE YOUR APPEAL OR WRIT IS HEARD. Begin by looking at the income limits attached to these instructions. If your income is below the income limits, complete a Tenant's Affidavit, pursuant to Pa.R.C.P.M.D.J. No. 1008(C)(2) or 1013(C)(2). These affidavits are available on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org). Then follow the instructions for low-income tenants below. There are several different options available; pick the option (A,B, or C) that best describes your situation. If your income is higher than the income limits attached to these instructions, follow the instructions for D. A. If you are a low-income tenant and there was a money judgment entered against you for non-payment of rent, and you HAVE NOT paid rent for the month in which the notice of appeal or praecipe for writ of certiorari is filed, you must: 1. File an in forma pauperis petition (a petition for low-income parties) pursuant to Pa.R.C.P. No. 240; 2. Pay one-third of your monthly rent into an escrow account with the prothonotary's office at the time the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed; 3. Pay the remaining two-thirds (2/3) of your monthly rent into the escrow account within twenty (20) days of the date the notice of appeal or praecipe was filed; and 4. Pay your monthly rent on an ongoing basis into the escrow account in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of your trial. )f you are a low-income tenant, and there was a money judgment against you for non-payment of rent, and you HAVE paid rent for the month in which the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed, you do not have to pay rent at the time you file your notice of appeal or praecipe. You must: 1. File an in forma pauperis petition (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial. It is important to count the thirty (30) days exactly 2 because the date of your payment will change depending on the number of days in a given month. C. If you are a low-income tenant, and no money judgment was entered against you for non-payment of rent, you do not have to pay rent at the time you file your notice of appeal or praecipe for writ of certiorari ("praecipe"). This option is to be used if at the magisterial district court hearing, the judge determined that you owed "zero"or "nothing" in rent. You must: 1. File an in forma pauperis petition (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of your trial. It is important to count the thirty (30) days exactly because the date of your payment will change depending on the number of days in a given month. D. If your income is higher than the income limits on the attached chart, you must: 1. Pay the fee to file a notice of appeal or praecipe for writ of certiorari ("praecipe"); 2. Pay the lesser of three (3) months' rent or the amount of rent awarded to the landlord in magisterial district court into an escrow account with the prothonotary's office at the time the notice of appeal or praecipe is filed; and 3. Pay your monthly rent into the escrow account in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial. It is important to count the thirty (30) days exactly because the date on your payment will change depending on the number of days in a given month. 3 INCOME LIMITS 2008 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Poverty Guideline Famil Unit Monthly Amount 1 $866.66 2 1,166.66 3 1,466.66 4 1,766.66 5 2,066.66 6 2,366.66 7 2,666.66 8 2,966.66 For each additional person, add 300.00 4 HENRY NOLT : IN THE COURT OF COMMON PLEAS OF PLAINTIFFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • DANNIE LEE STEPHENSON DEFENDANT : NO. 13-2581 CIVIL ORDER OF COURT AND NOW, this 14th day of May, 2013, upon consideration of Petitioner's Motion for Leave to Appeal in Forma Pauperis; IT IS HEREBY ORDERED AND DIRECTED that the Petitioner's Motion is GRANTED and he may proceed in Forma Pauperis. By the Court, \1\1\1\, \N, M. L. Ebert, Jr., J. 44113 ✓ Dannie Lee Stephenson red Defendant Cato, e1i4e 158 Chamberlin Road had 13 Shippensburg, PA 17257 61 I C) rrn _- ;. -:r:-1; c ILE D-0 -itkc jF THE PFCTH NO 2013 MAY 15 AM 9'. 42 CUMBERLAND COUNT'( PENNSYLVANIA 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 ss ---- u-__- erl---- -------- AFFIDAVIT: I hereby(swear)(affirm)that I served 13-01581 C"ivi I Terrn ❑ a copy of the Notice of Appeal,Common Pleas No.__v ,upon the Magisterial District Judge designated therein on (date of service0 J3, by Personal service ❑ by(certified)(register mail, sender's receipt attached hereto,and upon the appellee, (name) on \6 20 b /_77 ❑ y personal service❑ by(cedifiedj-f(regis )mail, sender's receipt attached hereto. (SWORN) AFF)RMED)AND SUBSCRIBED BEFORE ME THIS DAY OF A4,201 1 eb�-CL tt— - Signature of official before whom idavit was made Signature of Z6ffiaht Title of official My commission expires or, ,20=_ Prothonotary,Cumberland County,Carlisle,PA r ommission Expires the first Monday of Jan.2014' AOPC 312A-05 IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA ^per ua _-F; f�1 Sa° i'xF '. HENRY NOLT, : w No. 13-2581 Civil c� , Plaintiff : C-0 -v =cam DANNIE LEE STEPHENSON, � Defendant —� PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Henry Nolt, Plaintiff, in the above-captioned matter. Dated: May 28, 2013 Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers @lawofficeforestmyers.com DAWord Processing\civi1\forms\10 Day Notice.Cumb.County.wpd ra^, IN THE COURT OF COMMON PLEAS �' a OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA HENRY NOLT, Plaintiff No. 13-2581 Civil p c Z - � V N � DANNIE LEE STEPHENSON, Defendant NOTICE TO PLEAD You have been.sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and objections to the 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 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 S Bedford Street Carlisle PA 17013 717.249.3166 1.800:990.9108 IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA .HENRY NOLT, Plaintiff No. 13-2581 Civil V DANNIE LEE STEPHENSON, Defendant COMPLAINT AND NOW, comes the Plaintiff, Henry Nolt, by his attorney Forest N. Myers, Esq., and files the following: COUNT I 1. Plaintiff is Henry Nolt, a sui juris individual who resides at 455B Middle Creek Road, Lititz, Pennsylvania. 2. Defendant is Dannie Lee Stephenson, a sui juris individual who resides at 158 Chamberlin Road, Shippensburg, Pennsylvania. 3. Plaintiff is the owner of real estate situate on Chamberlin Road, Hopewell Township, Cumberland County, Pennsylvania. 4. Defendant rents land owned by Henry Nolt as set forth in Paragraph 3 hereof, upon which he has located a mobile home. 5. Rent for the said lot is $200.00 per month plus a monthly late fee of$14.00, for the year until January 01, 2011 and $285.00 per month plus a monthly late fee of $29.00 for the years 2011, 2012 and 2013. SAPCLAW DATA\DATA\PCLAWDOCS\ACTIVE\NOLTHENRY-1546\LANDLORD TENANT MATT-13-60-0510\COMPLAINT-NOLT V. STEPHENSON.DOC 6. Defendant has failed and refused to pay rent to the Plaintiff for the month of December 2010 at the rate of $214.00 and for the months of January 2011 until and including June 2013 at the rate of$314.00 per month all for a total of $9,634.00 rent due and owing. WHEREFORE, Plaintiff prays your Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of$9,634.00 plus costs of suit and attorneys fees. COUNT II 7. Paragraphs 1 through 6 are incorporated herein by reference. 8. Plaintiff has notified Defendant to remove his mobile home from the said property, in accordance with the Manufacturers Home Community Rights Act, Act 261 of 1976, as amended 68 Pa. C.S. 398.1. 9. Defendant has refused to remove the mobile home from said property. WHEREFORE, Plaintiff requests your Honorable Court to enter its judgment of possession for said real property against the said Defendant. Dated: Forest W Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers(aD-lawofficeforestmyers.com SAPCLAW DATA\DATA\PCLAWDOCS\ACTIVE\NOLTHENRY-15461LANDLORD_TENANT MATT-13-60-05101COMPLAINT-NOLT V. STEPHENSON.DOC I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §.4904, relating to unsworn falsification to authorities. Date: Henry N It, Plaintiff .S:\PCLAW.DATA\DATA\PCLAWDOCS\ACTIVE\NOLTHENRY-1546\LANDLORD_TENANT MATT-13-60-0510\COMPLAINT-NOLT V. STEPHENSON.DOC IN THE COURT OF COMMON PLEAS -� i !ICr RC7fi0N0liUc OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA 19,013 JUN 10 PM 1. 49 CUMBERLAND COUNT`,' HENRY NOLT, PENNSYLVANIA Plaintiff No. 13-2581 Civil V DANNIE LEE STEPHENSON. Defendant CERTIFICATE OF SERVICE I, Forest N. Myers, Esquire, certify that a true and correct copy of the Complaint was served by depositing the same in the United States Mail, First Class, postage prepaid, at Shippensburg, Pennsylvania, on the Z day of June, 2013, on the following: Dannie Lee Stephenson 158 Chamberlin Rd Shippensburg PA 17257 Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmvers(a.lawofficeforestmyers.com L L T�- 2013 JUN 28 PH 12: 348 CUMBERLAVNMYRT OF COMMON PLEAS OF C(Jry"3—r- aLA4oCOUNTY PENNSYLVANIA PENNSYLVANIA CIVIL—ACTION - LAW Plaintiff zi �" ,611z y mot, Defendant D,4Aitv ic, 14 &-/v ANSWER '5 15 14joor /R C-NT rM r 3. C- ouliT J 4o, A j j 7-1 FF 1 6 F�t 4. 5. 6. CCOt4r 1`4['Aj 71 too ) 7. '7-o dUT01-'- CUA /!�iv 7-;v 8. 0 A/ I AJ 0 9. f,)0,7- 7,p oc-, 10 12. 13. 14. 15. (Add extra paragraphs (and pages) as needed.) WHEREFORE, the Defendant respectfully requests that the Plaintiffs Complaint be dismissed. COLWTt PO PtAWrt FF e5 Fq 151 Fy Ai_l XMr-ok/"rlour 9 C6UNr1p90 - PL 4(,ti 7-Frj6 5-r.4 "r* --a- - FO Vol t�6AJ!p - <7 C7 07 0 C-OUW-11 NO, S Xg I(4r,FF W A 9 TS' Q 5 e- 10 ^ PC -T-4C1j6t4e--'Y i - - - 7- C,c vmr ( ( No . 9 PI-4i mT rr 5'T.47AA CM 7 "<:;PT ruc, i (If new matter s to be completed, continue with the next number after the last number of your answer.) NEW MATTER The averments of paragraphs i through I I above are incorporated with this new matter as though fully set forth herein. /-/"fZy i-eT'A?g�Wr 4L .4ppLi CA-rj,04 vJAts 1,4 4e V e LO I ki We- J7vST P,0-10 Fok- -046 00^4;� AMI) siz,tfr /* Not_T-rN C- 14p p L ic,4 Tfbq -F0 N e twk y, 1-4,157 ca I I iE=D VS P- AN 0 covto Oc AaD c NT J00 ,5-rAoq-rip�5 7AN- 1 - 4006,- ,4 F TH 0- ^0AIT14, -r#/' 5 cou"r i No. 6 14e--",qy A)azr vs -rPef T-rL.,T-14 ,4e 5AY'pj-y ( ) e c ) cv I') POT- P4Y c (-74-"O R,,7- 1 42 - 'tp R,9 4ROUrfr �4,4j- 0 A �4d r " The-IV tICA.1 e� opowev 14&Af c" NA har%q C>&.> G ov uT� Nvc= ��® �► ��rR�c� r�c�pN a Lj h IF Tia K r "',5 t74--N r Toil) N E7N Ay -r NA-r Ms )tC>V STS I 1 l-lAv e_ l7u/ve 1t)aThiN� .4bc��T" T'Njs WjA A04 ✓e Ca �T 51T a ru e r,Jc pc>f"Gtl �o To TNT- t,' T-14 e- Al2, A&to YGv Know 7"h� NS p rya!3 x--.415-. 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P/" p d r- My OCR �. 0t iv ry locO- n>oT C ckr e- Z NT-S S G T t, vc t 14 er e P®r- 10 S/ e<rs , 4AJ 0 s (<n o � L->hqT ° ® r �� d ry 4 rovrJc4 L-1 v-p i v 4 Li p- a p p Q L c,a Jr !,J.4 N 7' r wS ?^G i3 y/ Or vy T h erg ' ra ,5 v- - � � �y ,ro rnp e-,-Ty u A/1'3) pc.&,7- LC) kw 13,1+e k- 3:7 1-4A D 'T o C,qt l I ST/4 T"C-- p ot) `c, pasTeD 4'OOOr n1L c.hc.- 4N;D rii e 13ry T v t,-ry -tv eY -r S fo r e 7' ci •V y tj 0 .,4 C--,. 5 C.- 0v /V Tj r)/ L7 13 uT- ,) A ttv -r 4 kc-P 7-o 1-4 ,FWAY N01- T- /4,/,3cy(j7- Nor ",110 oc/ T wile-^.I 5-rrct Pt5 e pt/O2t1--7- C.041f-, 7�dVC,4,r 000/1- 13 0 y 0 r"05Sk ,/4v0 14e 5 �I'D f4 � /D t 'f\) f3,j-r Hf-,) ry tvv-ut-,^ QD 14t-'y 7,6 ; wj- 14ficvT 0- So cO,.snc-- 7FO 1*1Y 0,0or -rA(y L,.,e e-&7T- 014y P&-,U/qV C-Q11`4 M�= t,) h by _r-C, q //ece -rh ie: ,jo o i / c e- 41'0 -T 6/g'1 0 T Tq 0<-e q qo,aT -rh 1*5 p r c> 4 h'i i-j 7-h 3 c, 5 A-J�, 13o c.,r T I S o C< /�4P T�LD 14AC-- 'T-C7 e r C -Fl4t-- 4 c4 P,/O 14-c,5 u p T-14 6.7- p A " 0 Et 130 o r- -C-,Kj-r. 0,00) 7 6-co - 00 4 5 00 C, -ry q 7e r cA..,T- cc' -ra 1,JoLl- i3c,T 1-4 r- Tlio-Al ed The PIPU,�-v 4/1 T- 'E?.-'-, PQrver' work t4e WHEREFORE, the Defendant respectfully requests that the following relief be granted: espectfully submitted, VERIFICATION I hereby verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, WHEREFORE, the Defendant respectfully requests that the following relief be granted: G V NT— 1 fJ 0 . 6— _ G G U r\)� 1 `v o e COUNTERCLAIM TWO The averments of paragraphs through above are incorporated with this COUNTERCLAIM as though fully set forth herein. WHEREFORE, the Plaintiff respectfully requests that the following relief be granted: If Counterclaim(s) is\are to be completed, continue with the next number after the last number of your answer. COUNTERCLAIM ONE The averments of paragraphs through above are incorporated with this COUNTERCLAIM as though fully set forth herein. relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA HENRY NOLT, Plaintiff No. 13-2581 Civil —7. DANNIE LEE STEPHENSON, ►"" Defendant r-z -.� =,C:> CD. . ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Henry Nolt, by his attorney Forest N. Myers, Esq., and answers the New Matter of Defendant as follows: 10. To the extent that Defendant's claim of New Matter represents a pleading, Plaintiff denies the allegations set forth therein. WHEREFORE, Plaintiff prays your Honorable Court to strike the New Matter of Defendant and enter judgment in favor of Plaintiff. Dated: 146-.At'S .�� Forest yers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers(c-lawofficeforestmvers.com S:\PCLAW DATA\DATA\PCLAWDOCS\ACTIVE\NOLTHENRY-1546\LANDLORD_TENANT MATT-13-60-0510\ANSWER TO NEW MATTER-NOLT V.STEPHENSON.DOC I verify that the statements made in the foregoing Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: 3 Henry Not, Plaintiff S:\PCLAW DATA\DATA\PCLAWDOCS\ACTIVE\NOLTHENRY-1546\LANDLORD_TENANT MATT-13-60-0510\ANSWER TO NEW MATTER-NOLT V.STEPHENSON.DOC