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HomeMy WebLinkAbout13-3043 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Ese Only.- Civil Cover Sheet Docket No: C mbeAcL-tN& , County /3 _ 30 43 el V m The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o pleadin s or other pa ers as required by law or rules of court. Commencement of Action- [3[3 Complaint Q Writ of Summons Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Dollar Amount Requested: El within arbitration limits I Are money damages requested? D Yes ( No (check one) Qoutside arbitration limits O N Is this a Class Adion Suit? ©Yes MNo Is this an MDJAppear es 1l No Name of PlainthTAppellant's Attorney: Ctiecli hero ifyor no aiit:it ey(,12-e rr Self c aresentcw! Fro Set L,iulgpnt) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes 3.our PRIMARY CtSE. If you are making more than one type of claim,check the one that you consider most important, TORT(do not include,Hass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Q Intentional Q Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution Q Debt Collection:Credit Card ©Board of Assessment Q Motor Vehicle Q Debt Collection.Other Q Board of Elections Q Nuisance ®Dept.of Transportation ©Premises Liability _ Statutory Appeal:Other S Q Product Liability(does not include mass tort) Q Employment Dispute: E Slander/Libel/Defamation Discrimination C ©Other T Q Employment Dispute:Other 0 Zoning Board - — Other.- 5 I Q Other: O MASS TORT Asbestos N 0 Tobacco © Toxic Tort-DES © Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste ©Ejectment © Other; Q Common Law/Statutory Arbitration B Q Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ®Mandamus ©Landlord/Tenant Dispute Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Commercial El Quo Warranto © Dental Q Partition Q Replevin © Legal Q Quiet Title ©Other: Q Medical Q Other: 0 Other Professional: Updated 1/1/1011 COMMO' WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS . NOTICE OF APPEAL Judicial District,County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT C.urnbe���x�. COMMON PLEAS No. /3 NOTICE OF APPEAL Notice Is ghmn that the appellant has filed In the above Court of Common Pleas an appeal from the Judgment rendered by the Magisterial DWd Judge on the date and in the case referenced below. E or-95P6dANr_ MAa MT.No. NAWOFVU Jeceivvq Csi q- 2.-o7- % 4�A r�lot3 ATE or —I La-tot 3 ft-1 fie.k Ub SlM4ATUREOrAPPELLWrORATTCFJWCRAGEW Me block r :li ba signal 014 Y, n this notation is required under Pa. !t a Bret rays f.Y a# (sea Pa. f G Ff�J, lVb. 9001(B)M at or his Nofta of Appeal,when fevel sd by the Magisterial District Judge,will before a Merbisterfat D,kt*t Judge. A COMPLAINT'Mt1ST BE FM searate ass.:SUFERSEDFAS to the,) .. ant for possession In this case, W/Wh Ift"t; (20)days aftterlfing the N0710EofAPPE4L IPRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ft section of farm to be used ONLY vAen appellant was DEFENDANT(see Pa.l.0 P-O.J,No. 101(7)in acdon before Maglatetfal Dtsbt dge. IF NOT USED,detach from copy of not/ca of appeal to be served upon appeRbe tAECIPE: To Prothonotary ter ruts upon � p„��O a-, }��, appellee(s),to No a complaint In this appeal Ahmofap�pMteetaj =mon Pleas No.13 . 3o43 et`v t L )within twenty(20)days after servloe of rule or suffer entry of Judgment of non pros. �M slreturecfsp raw ordtwneyoraged ;.E: To ��1,C�C)'c'1 1�j�e.� ,appelies(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 servla its rule upon you by personal serAoe or by certlfled or registered mail. . (2) If you do not flea complaint within this time,a JUDGMENT'OF NON PROS MAYBE ENTERED AGAINST-YOU. (3) 'the date of service of this rule if service was by mail Is the date of the mailing. �5*20 125_ OU MUST INCLUDE A COPY OF THE NOTICE OF JUDGIMENTRRANSCRIPT FORM MTN THIS NOTICE OF APPEAL. 4312-W OF THE PROTHO MAY 26 P11 21 COHERE PENNSYLVANIA�� 3 M • rr A• c •. � - - 1� x . - .. •'* _ _ � MMM7 �,.,"""^" �f,:x_�Y,l nom,t`? �t *' . t pa x COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease aN, � Mag. Dist. No: MDJ-09-2-02 Harvon Motel MDJ Name: Honorable Jessica Brewbaker V. Address: 18 North Hanover Street, Suite 106 Jeremy Gibbs, Lindsey Blumenhaurer Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Jeremy Gibbs Docket No: MJ-09202-LT-0000055-2013 851 N Hanover St Room 132 Case Filed: 5/1/2013 Carlisle, PA 17013 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary __..._... ..,x..__....___._._ _...___.,_.. .._._, ...v...... Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-LT-0000055-2013 Harvon Motel Jeremy Gibbs Judgment for Plaintiff 05/16/2013 MJ-09202-LT-0000055-2013 Harvon Motel Lindsey Blumenhaurer Judgment for Plaintiff 05/16/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Harvon Motel $0.00 $0.00 $0.00 Jeremy Gibbs $2,707.35 $0.00 $2,707.35 Lindsey Blumenhaurer $2,707.35 $0.00 $2,707.35 . Judgment Detail (*Post Judgment) In the matter of Harvon Motel vs.Jeremy Gibbs; Lindsey Blumenhaurer on 5/16/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge, is$1,013.83 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $2,568.37 $0.00 $2,568.37 Costs $138.98 $0.00 $138.98 Grand Total: $2,707.35 Portion of judgment for physical damages arising out of residential lease: $0.00 �wd M a GIJ\N UK MDJS 315A Page 1 of 3 Printed:05/16/2013 1:44:12PM Harvon Motel Docket No.: MJ-09202-LT-0000055-2013 v. Jeremy Gibbs, Lindsey Blumenhaurer 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—A-C-TUALLY I.N.ARREARS ONTHE-DATE THE.AP_P_EAL-IS-FILED.-HOWEVER,L-OW-INCOME—ANDIOR 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. Date Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy of the record of the proceedings containing the lu gment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:05/16/2013 1:44:12PM Harvon Motel Docket No.: MJ-09202-LT-0000055-2013 v. Jeremy Gibbs, Lindsey Blumenhaurer Participant List Plaintiff s Harvon Motel 851 N Hanover St Carlisle, PA 17013 Defendant(s) Lindsey Blumenhaurer 851 N Hanover St Room 132 Carlisle, PA 17013 Jeremy Gibbs 851 N Hanover St Room 132 Carlisle, PA 17013 MDJS 315A Page 3 of 3 Printed:05/16/2013 1:44:12PM vv1 )4- egg, C)C) C4'1 i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS , NOTICE OF APPEAL Judicial District,County Of FROM C c,cnbe t 1c�,r MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No, j A 3 NOTICE OF APPEAL Notice is givers that the appellant has bled 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. OF APPF3 tANr. A�.OF5T.NO. ME OP ME °1' NA 2.'D 2 405;W 3OF PpD1ANr CITY STATE OOOt iATE OF JUDGMENT IN THE OWE OF 1 , �. -?Un s Acv© fie.k G iOCkErDlo SISWTURE OF APP OR ATTORNEY OR AGENT yis block w2i be,signed 014-Y when this notation is required under Pa. If appellant m CWWflt (see Pe. R C AD.J. No. 9001(6) to OW01 ,.C.P.D.J'No.loose. his tlotiae f Appeal,when'reoahmd by the Magisterial District Judge,will before a Meafstedal UFsM Judge, A COMPLAINT i9 ST BE FfLEL oerate zs i.SIJPERSEDEAS to ft i ent for possession in this case. v AV07 taent; (20)days after thing the N077CE ofAPPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE his section of form to be used ONLY when appellant was DEFENDANT(see P&P C.P.D.J. No. 1001(7)in action before Magisterial DWAc dge. IF NOT USED,detach from copy of notice of appeal to be served upon appeftes. !RECIPE: To Prothonotary ter rule upon (�k appeliee{s},to file a complaint In this appeal Name ofappe0Wv) .mmon Pleas No.3 _ 30q3 el} r L }within twenty(20)days after service of rule or suffet entry of Judgment of non pros. �M Signature ap t or ettomey or agent ..E: To -�P•C`S oxn appellee(s) r3-rrsOfSAWfW8) (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 servicr its rule upon you by personal srrvloe or by certified or registered mail. . (2) If you do not Me a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST.YOU. (3) The date of service of this rule if service was by mails the date of the mailing. zs 20 ,l�A f L • �� G , '� �' DU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. CdiMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEA4 PLAINTIFF. AJN1E�dAdDRE!!S County Of 1 c r, d Prq o n vlokc t <m mo<vry NICP4� 5* vs. DEFENDANT: XAMeNWAMEW �,em�`� ��b�J � lG i� ,� �t�a�►dare.0 0.3 TENANT'S:SUPERSEDEAS AFFIDAVIT(NON4ECTION 8) Cr^-7 FILED PURSUANT TO Pa.R.C.P.M.D.J.No.1008C(2) 1, c re, G t Vo $5� N 1naCU9�te'<'St C,cxt tb (print name and address here), sve fled a notice of appeal from a magisterial district court judgment awarding to my landlord possession real property that I occupy, and I do not have the financial ability to pay the lesser of three(3)times my mthly rent or the judgment for rent awarded by the magisterial district court.My total household income es not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending peal and I have completed an in forma pauperis(11713)affidavit to verify this. I havelhave not(doss out the �D 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, irmation and belief. I understand that false statements herein are made subject to the penalties of.18 O.S. §4904, relating-to.-unswom falsification to'euthortties. "`E co r�+ SI TU TENANT -fit-- —0 312-W(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF �.e.JOn r�lok�.L DOCKET NO.. 1 3 . 303 0 l DATE FILED: j j 2.a 13 vs. PETITION TO PROCEED IN FORMA PAUPERS I hereby request that I be permitted to proceed in forma pauperis (without payment of the filing fee). In support of this I state the following: 1. 1 am the(PlaintiM(Defendant)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. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: G':1 (a) Name: =M r— Address:. �S 1 Np��, h c C>v e.� S-� �+M 13 Z . �F5 Social Security No.: 2-02- - (nLk- 5 2Co (b) Employment—If you are presently employed, state ' =� Employer: *s" Address: 1na00v� C--t C AX.\t--.\e. IPA, 1'16t3 Salary or wages per month: X/60 oa Type of work: Wa ce>Y,y�S MidPenn Legal Services Landlord/Tenant Packet Page 23 --If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public assistance: Other: (d) Other contributions to household support Spouse's Name: If your spouse is employed, state: Employer: Salary or wages per month: Type of work: MidPenn Legal Services Landlord/Tenant Packet Page 24 Contributions from children: Contributions from parents: Other contributions: (e) _Property owned Cash: Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Make: Year: Cost: $ Amount owed: Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: $ -iS34 3lL Loans: Other: (g) Persons dependent upon you for support: Spouse's Name: Children, if any: Name AgLe Un V,-A o-,e,nau-e.r C rnn�.c'ori G t bb MidPenn Legal Services Landlord/Tenant Packet Page 25 r J r Other persons: Name Relates 4. 1 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. 1 verify thatthe statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ntiff/Defe ant Z- Action by the District Justice: Date: District Justice MidPenn Legal Services Landlord/Tenant Packet Page 26 QO CYD -3 H 1 SN -T J 017 Co rr, Zlt -3 H 1 SN -T IN TBE COURT OF COMMON PLEAS OF.' :",OUNrY•,PENNSYLVANIA CIVIL ACTION LAW NAwa<'% moa e.\ Plaintiff V. No. 13 - 3 d�.3 ���iL L vv? Jeer, rl Glib b Defendant oRD�x AND NOW,this o'' day of mky WILL,upon consideration of the Petition of Plaintiff to Proceed In Forma Pauperis,it is hereby'ORDERED and DECREED that the Plaintiff; may file the in forma pauperis and proceed to the termination of proceedings without payment of filing fees or costs. By the 131at#e jP rrl LX7 a � "K G!1 (2c, NO PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FEE CCMIPLANT COMMONWEA(TH OF PENNSYLVANIA COUNTY OF 2.. rx" �. ;sa AFFIDAVIT: I hereby(sWmar)(aMm)that l seared i }4orvc�n Mo��\ � i en�Y SoyJ e copy of the Notice oTAppeel,Common Plaea No. upon 1M MagleEMd DisMd Judge daWW*W therein on (date otaaWae} 201 5fT+ �Cbyprswslwea 0 ly(wMIsd)(rs&Wmd)maA senders rWWpt a@echr)hreto,and Upon the appalls$,(name)__,_,on —20 by(oet Hod)(ruglstered)mail, venders asoMptaRtobved hrsto (SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS, DAY OF 20('21 v 42' . svnw"ofow bothre trim we deload g,:h°3 U2Gf` TxTa ar$dt My csmmissioa W#a m -'Q/� mofioYwtm/,tuebedanit cw-* Xot PA tay<omm4don a*Pks'che Fktt Mm�d9attan 3614 kOPC311A-e5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION 851 CORPORATION T/DB/A HARVON MOTEL FILE NO.: 13-3043 C= PLAINTIFF - =;- � V. CIVIL ACTION =rn � m .=';u �rn JEREMY GIBB and "� c LINDSEY BLUMENHAURER DEFENDANTS ` 3> , NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to 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 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 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 �� n AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un ,abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. .SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION 851 CORPORATION.T/DB/A HARVON MOTEL FILE NO.: 13-3043 PLAINTIFF V. CIVIL ACTION JEREMY GIBB and LINDSEY BLUMENHAURER DEFENDANTS COMPLAINT IN CIVIL ACTION NOW COMES the Plaintiff by and through their attorney Dusan Bratic, Esq. of Bratic and Portko LLC and files the following Complaint in Civil Action. 1. Plaintiff 851 Corporation is a Pennsylvania corporation trading and doing business as Harvon Motel with an address of 851 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Jeremy Gibb and Lindsey Blumenhaurer are adult individuals currently residing in Room 132 of the Harvon Motel located at 851 N. Hanover St., Carlisle, Cumberland County, Pennsylvania 17013. 3. At.all times material to this complain the Defendants rented a guest room at the Harvon Motel and agreed to pay the Harvon customary charges in accordance with terms which call for a discounted daily rate if paid on a weekly basis and are prepaid. 4. The Defendant Jeremy Gibb began his occupancy on or about 8/21/2012 and signed the extended stay policy at the Harvon Motel, attached as Exhibit A. The Defendant Lindsey Blumenhaurer moved in without signing the policy, although at all times material to this complaint she knew what the terms and conditions of payments were and at times paid on the room charges due for the aforesaid room. 5. The initial agreement called for weekly payments of$236.56 per week. 6. The Defendants requested a reduction in their weekly payment amounts to $189 per week, agreeing to be good tenants and make timely payments, which the Plaintiff agreed to. 7. In the past five or some months the Defendants have been chronically late in payments and eventually stopped paying at all. 8. In spite of promising to get jobs and make payments, the Defendants have not gotten jobs to pay for their stay or made payments to pay as agreed to. 9. On 4/20/2013 the Defendants executed an extended stay policy and agreement rules and regulations attached as Exhibit B promising to pay the weekly rate if payments were prepaid and to pay the motel's daily rate if the weekly rate was not prepaid. 10. Notice to pay or vacate was given on April 15, 2013. A copy is attached as Exhibit C. 11. As of this date the Defendants owe the Plaintiff the sum of$6238.08 and the sum of$57.56 for each day of occupancy. WHEREFORE, Plaintiff requests judgment against the Defendants in the amount of $6,238.08 and $57.56 for each and every day they remain at the property, as well as for an order of possession. Respect lly submitted, Date: G � Dusan Bratic, Esq. ID 19249 Bratic & Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 Fax: 717-432-9220 CERTIFICATE OF SERVICE I hereby certify that I served the Complaint in the above referenced case by first class mail, postage prepaid, on June 14, 2013, addressed as follows: Jeremy Gibb 851 N. Hanover Street, Room 132 Carlisle, PA 17013 Lindsey Blumenhaurer 851 N. Hanover Street, Room 132 Carlisle, PA 17013 Dated: Dus n Bratic, Esquire ID 19249 Bratic &Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 VERIFICATION I, Dusan Bratic, hereby acknowledge that I am President of 851 Corporation, the Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to a thorities. Dusan Bratic, President 851 Corporation Date: U/ l � EXTENDED STAY POLICY AT HA R'VON I- L Dear Guest; Thank you for staying at this hotel. We hope your wit with us is a pleasant one, For Your safety and convenience of all otw guests tad whip we are Upgrading propeny in,order to meet all gnptt expectatiouus,we ask that guests follow the below guidelines. 1. Only chairs maybe placed out on the sidewalk in frant of your rooms. Pleasema$i1mallitemamtemback into the roan after use. Ptcast do not leave coolms,gsYlls,etc_on the sidewalks. 2. The registration ayes is for guests 0agisterin9,message reettevat,and Jbr payments. No bang>ag out in tlza office at any time, 3. Room rmt must be paid in ads If you plea on st2rying over in the rmm mmemus nights,psry wmt=ud be received at the office by 11:00 A.M.of each mordng in advances. pompIait s about exsoessive zloise that is t fw1ved after a written waning is delivered,the offmdiug guests vvi11 be asked to leave the mpeq, No m iimds will be g1vm S. Children arc the paremt's responsibility. Please do not allow child=to write or draw on the sidewalks or pig lot with chalk,elm mal,or atom, Mom watch children at alt hmea... 6. Please ketp all bicycles off aidewalim. This motel is not resspoomble for any loss,damaged home,or inimies. No sImteboarding or scooter use is permitted ou the property. 7. Any items that are Matel property that are missing fim or damaged it rented-rooms will be chaVd,at fan raplaoemmt plus labor and a 20%mark up for overhead,to the loom account ofthe pft=Ming the room.- $, No peat are peunitted. If a pet is brov&into as wdeudod stay room,this is cause for immediate tev ninatiam of torah rental Without kchwd and guest agtees to pay a$100 dishftfion fee. 9. Rates area weekly or pmmthly, Any ea dyr tm=i nation not caused by the hotel will be recalculated unsung the daily rates iu effect and not on weedy or other rateA. lb. SMOKING 7N A NON SMOW NG ROOM WILL CAUSE AN A:M>fT OVAL CWRGI'f OF S130 TO BR MADE ON GUUT BH-L AS RELY.A$R MOVAL]PROM THE PROPXR'r'Y'Wt MIDT REFUND. We do try to keep all guesuooma cleam and orderilt If our htttmwkssepix staff finds that a mm needs exfrs attSM1101i when being.:clesned,Aw ream attcmtmt wid be chaiVA amrdiugl~jr it fee of$25.00 per hour. 8tzams are choew eat _ a sem-weekly basis, TovmU exchanged at office daily. Lies cuaged-weekly. Mir guest$c1M0Wlec'iges that respective of method of payment the ntzotal is for a botel toom4 not=apsrtmeat or roocmiug house meal and is a lie mwxL This rental agreement does oot create a landlord teWW relation*. Theses guidelines are to=M that pests have it plessam stay. if you expormm a problem with Otber gum,Please tat %U kww� w we want to teat eveatybody f ldy and work m the t#nc9mm of nudd tg tWS a Mft PopertY. If You have any .questions,please ask out star plem have all adults oempyog guest room sign below. By signiug below the gaest agrees to all tunes and caftMons. Room lit;,3 z Signature 319/12 db l t ZA/ZO 3V6 HZZGZEVZTL TZ=91 ZTOZ/60/E0 ZO/T0 3!DVd 1310W NOANVH ZVZSEVZLTL 9b:t7T ETOZ/b1/90 03/01/2013 11_22 7174329220 PAGE 01/01 EXTENDED SWAY POLICY&AGREEMENT AT HARVON MOTEL Dear Guest Thank you for staying at this Nobel. We reserve the right to refuse rental to anyone- For your safety and convenience of all Ow guests and while we upgrade the property,we ask You to sign this policy setting ford►the terms of the room rental agreement, 1, Only chairs may be placed out ou the sidewalk in fiud of your rooms. Please snake sure ail items ate taken back into the Toorn m&et use. Please do not leave coolers,grills,etc,on the sidewalks overnight. 2_ The registration office is for guests registering,nvnrAge retrieval,and for payments- Please no hanging out in the office. 3. Room charges must be paid in advance. If you plan on staying over in the rooter numerous nights,payment rnvst be waived at the office by 11:00 A.M.of each morning ill advance. 4. If we receive complaints about excessive noise that is not resolved after a written yearning is delivered,tine offending guests will be asked to leave the property. No refunds will be given. 5. Children are the parent's responsibility. Please do not allow chi ldrert to write or draw on the sidewalks or parking lot with chalk,charcoal,or stones. Please waxeh children at all tithes. G_ Please keep all bicycles off sidswalks. This motel is not responsible for any loss,damaged items,or injuries. No skc teboarding or scooter use is permitted on the property. 7, Any items that ate Moot properly that are missing from or damaged in rented rooms will be chargod,at fall replacement plus tabor and a 20%mark up for overhead,to the roam a vt=of the person ranting the room, s. No pets are permitted. If a pet is brought into an extended stay room,this is cause for immediate termination ofroorn rental without refund and guest agrees to pay a$100 disitrfeWon free, 9. Rates quoted are daly rates With a pmpaymerit discount far weekly or longer swy. Any early termination not caused by the hotel will be recalculated using the daily rates in effect and not on weekly or other rates. 10, $MOKING IN A NON-SMOKING ROOM W%t-CAUSE AN ADDITIONAL CHARGE OF 5150 TO BE MADE ON GVEST BILL AS WELL AS REMOVAL FK+OM TAIL PROPERTY WIITHQUT REFUNIL We do try to keep all guestrooms clean and orderly. If our housekeeping stsiff rinds that a room nseds extra attention when being cleaned,tht rpotn account will be charged accordingly a minimum fee of$25.00. Rooms are checked an a semi-weekly basis, Towcla exchanged at office daily. Linens changed weekly_ The guest deknowladges that irmpmlive of method of payment the renal is for a hotel room,not an apartment or raoining house rental and that guest is a ficensee. This is a daily rroom license agrament and does not create a landlord tenant relationship under the Landlord Tenant Act of April 6,1951,as amended. Notice to vacate is waived and not required. Gneeta understaAd failure to pay when due wiIi cause a lock out to be placed on the door bock. "Phis policy and agreement is signed to spell'out each party's responsibility. If you mgmienee a problem with other guests,please let us know,as we want W treat everybody fairly and work In the direction of making this a nice property. If you have any questions, please ask our staff, MAXIMUM OCCUPANCY IS TWO ADULTS OR TWO ADULTS A"ONE MILD UNDER lb (PLi&AS1E INITIAL) Any eddittonal person staying orrly w t'h written consent of property mana9cmeut Additional cberges may apply. PICTURE W REQUIRED;Address Business Phone; Home Phone._ .Cell Phone: Please have all adults otcapying guest room sigp and print tiame below. By signing below the guest(s)agrees to all teams and conditions, Rom i#; Ro Signature T Datc; ���' Print Name: - Signature Date: 2126/13 db PrImName: ZO/Z0 39Vd -1310W NOANVH Z1?Z9EbZL1:L 5b:VT ETOZ/bl;/90 -DAILY T"ENAN'TS HARVUN morn u NOTICE OF DEFAIJLT TO:��Yti�,v� las Today's Date:= h-1 TO. Room No. Z Dear Guosts: Our records show that there is now due on your room account the total sum of$-&-7.GU re tin a prepaid daily room rate of$` 7. aM taxes of$�-,0- for the pe iod of Our standard policy, as well as that of most hotels, is that amounts due for room rentals are prepaid. That is they are due prior to the d we the room is ocCupied. UtIfortanetely, we are not in,a position to be able to extend credit to our guests. +�►�� dingly,FleasQ make arrangements to brie the sum due current today by !� l7P.M. T total due is $-_�. Please accept this as notice of defwdt and aotfce to vacate, pursue to y= extended stay agreement,your room is subject to immediate look out Please note that discounted daily rates are based on the fact that at least seven days am prepaid in advance. otherwise the standard hotel daily rate applies. Your standard daily rare will be $.57 X.- . Thank you: Very truly yours. -t- -rte The Management Date. `!-/ 5-13 Time: 35 By- c' DAIELY TENANTS 1L4RVON MOTEL NOTICE OF DEFAULT TO: Z; Today's bate: 4f l 5 s TO: Room No. /3?, Dear Ouests: Our records show that there is now due on your room account the total sum of S--&71,GG mTr==uting a prepaid daily room rate of$. Z?.W and takes of S .6' fbr the period of Our standard policy, as wall as that of most hotels, is that amounts due for room r+etttals prepaid. That is they are due prior to the fun the room is occupied. Unfortunately,we are not in a position to be able to extend credit to out guem. A dingly,plea"make arrangements to bring the sum clue current today by t 1: /P.M. The total amount due is $ �W . Please accept thig as notice of default and natioe to vacaw. Pwmmwt to your extended stay agreement,your room is subject to immediwx look out. Please note that discounted dally rates axe based on the fact that at least seven days am prepaid i,n IrlvM otherwise rho standard hotel daily rats applies. Your so dard daily rate will be $ 57-74, Thank you- very truly yours, The Ma aagemmu Service on--I, -A LA m,IM,1'2z ti X Date: 15--1 3 Time: $y: l tie h ^✓-, l/��f ern D/1nw/lA 6� L� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 851 CORPORATION T/D/B/A HARVON MOTEL FILE NO.: 13-3043 PLAINTIFF : V. CIVIL ACTION - . = ^'; JEREMY GIBB and ,�T,rn LINDSEY BLUMENHAURER =� _ DEFENDANTS PRAECIPE TO STRIKE SUPERSEDEAS To the Prothonotary: Please strike the supersedeas in the above referenced case. On May 28, 2013 the Defendants Jeremy Gibb and Lindsey Blumenhaurer have deposited the amount of $240.75 with your offices, which represents several dollars more than the District Magisterial Judge's calculation of one week's rent. The District Magisterial Judge determined the weekly rent at $236.56. Pa R.C.P.M. D.J. No 1008B requires that defendant deposit a sum equal to the monthly rent (emphasis added) which becomes due during the period of the proceedings upon appeals pending in the Court of Common Pleas. Such additional deposits to be made within three days following the date of appeal and each successive thirty day period thereafter. 0 As the Defendants have not post the monthly rent of$1025.09 (computed as $236.56 per week x 52 weeks - 12 months) nor the sum of$236.56 each week, the supersedeas should be stricken as set forth in the notes accompanying the aforesaid rule. Respectf Ily submitted, Date: f 2-VI Dusan Bratic, Esq. ID 19249 Bratic & Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 Fax: 717-432-9220 PC 0):�n 0 no r CERTIFICATE OF SERVICE hereby certify that.I served the Preacipe to Strike in the above referenced case by first class mail, postage prepaid, on June 14, 2013, addressed as follows: Jeremy Gibb 851 N. Hanover Street, Room 132 Carlisle, PA 17013 Lindsey Blumenhaurer 851 N. Hanover Street, Room 132 Carlisle, PA 17013 � /��3 �3 Dated: ADusan Bratic,.Esquire ID 19249 Bratic & Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 cck "ACV( S cT% it 7---.1 S 7- 15-IA HARVON MOTEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW NO. 13-3043 CIVIL JEREMY GIBB and LINDSEY BLUMENAVER, Defendants IN RE: DEFENDANT'S PETITION FOR REFUND ORDER AND NOW, this 9� day of July, 2013, a rule is issued on the plaintiff to show cause why the relief requested in the within Petition for Refund ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 4- Kevin ess, P. J. V�Iarvon Motel 851 N. Hanover Street Carlisle, PA 17013 I/Jeremy Gibb 851 N. Hanover Street CZ Room 132 n ,.O= Carlisle, PA 17013 ,� :zm X::o O � :rlm ' 5z V-D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 851 CORPORATION T/D/B/A HARVON MOTEL FILE NO.: 13-3043 PLAINTIFF V. CIVIL ACTION Cn JEREMY GIBB and LINDSEY BLUMENHAURER DEFENDANTS PLAINTIFF'S OBJECTION TO DEFENDANT'S PETITION FOR REFUND To the Prothonotary: Plaintiff Harvon Motel objects to Defendant's request that the $240.25 escrow account be released to Defendant. While it is true Defendant paid the judgment in full, Defendant has continued to live at the property after the time of the judgment and owes the Plaintiff for those additional rents, which Defendant has not paid and for which he has not posted monthly rent pursuant to Pa RCP 1008. THEREFORE, Plaintiff requests funds be held in escrow until Defendant has paid all rents current: Respe idly submitted, Date: D an Bratic, Esq. ID 19249 Bratic & Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 Fax: 717-432-9220 • R, CERTIFICATE OF SERVICE I hereby certify that I served the Plaintiff's Objection to Defendant's Petition for Refund in the above referenced case by first class mail, postage prepaid, on Aug. , 2013, addressed as follows: Jeremy Gibb 851 N. Hanover Street, Room 132 Carlisle, PA 17013 Lindsey Blumenhaurer 851 N. Hanover Street, Room 132 Carlisle, PA 17013 Dated: Du an Bratic, Esquire ID 19249 Bratic & Portko LLC 101 South US Route 15 Dillsburg, PA 17019 717-432-9706