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HomeMy WebLinkAbout13-6764 Supreme Co of Pennsylvania Cour— t o Co`�mmo Pleas For Prothonotary Use Only: /. Civvil � o � ver Sheet �''� S �''� t'a ti °� : ,.,� ,r Docket No: 12 CUMBLAND County ( J � �4 I I ri The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint D Writ of Summons Petition S S Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Gloria Fryer Jennifer Ross Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? =, Yes x' No O (check one) Ooutside arbitration limits N Is this a Class Action Suit? 0 Yes E! No Is this an MDJAppeal? x Yes El No A Name of Plaintiff /Appellant's Attorney: John M. Kerr, Esquire E3 Check here if you have no attorney (are a Self- Represented 1I 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 Board of Assessment - Motor Vehicle =G Debt Collection: Other J Board of Elections 0 Nuisance -i Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) � Employment Dispute: 0 Slander/Libel /Defamation Discrimination C El Other: Employment Dispute: Other Zoning Board T 0 Other: I I Other: O MASS TORT Asbestos N Tobacco © Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 10 Ejectment 0 Common Law /Statutory Arbitration B -i Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent :_ Mandamus X Landlord/Tenant Dispute Non- Domestic Relations J' Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 3 Mortgage Foreclosure: Commercial (] Quo Warranto El Dental J Partition Replevin J Legal ❑ Quiet Title Other: Medical Q Other: 0 Other Professional: Updated 1/1/2011 �rZ O I r7� John M. Kerr, Esquire PAID No.: 26414 c; 5020 Ritter Road, Suite 104 r-;Z - + Mechanicsburg, PA 17055 r C - ) rW Telephone: 717- 766 -4008 — � a; Facsimile: 717 - 766 -4066 r- john @johnkerrlawpc.com IN THE COURT OF COMMON PLEAS „� CUMBERLAND COUNTY, PENNSYLVANIA 3' �f "` GLORIA FRYER, Petitioner, V. Docket No.: JENNIFER ROSS, CIVIL DIVISION - LAW Respondent, PETITION TO APPEAL NUNC PRO TUNC AND FOR SUPERSEDEAS AND NOW, comes your Petitioner, Gloria Fryer, by and through her Attorney John M. Kerr, Esquire, and files this Petition to Appeal Nunc Pro Tunc a decision issued by the Magistrate Judge granting Respondent a writ of possession of rental property and in support thereof avers the following: 1. Petitioner, Gloria Fryer, is an adult individual who resides at 1468 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent, Jennifer Ross, is an adult individual who resides at 55 Steinhour Road, York Haven, York County, Pennsylvania 17370. 3. Respondent, Jennifer Ross, is the owner of a certain townhouse situate at 1468 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On or about September 6, 2013 Ms. Fryer and Respondent entered into a Lease /Rental Agreement naming Jennifer Ross as Landlord and Gloria Fryer as Tenant. A true and correct copy of said Lease Agreement is attached hereto, made a part hereof, and marked as Exhibit "A." 5. On or about September 6, 2013, Ms. Fryer paid Respondent a security deposit in the amount of One Thousand Fifty ($1,050) Dollars. 6. On or about September 22, 2013, Ms. Fryer paid Respondent prorated rent for the last eight (8) days of September 2013, and for the full month of October 2013, in the amount of One Thousand Three Hundred Thirty ($1,330) Dollars. 7. On September 25, 2013, Ms. Fryer moved into the residence at 1468 Timber Chase Drive, Mechanicsburg. 8. On October 23, 2013 Ms. Fryer received via US First Class Mail, Certified, written correspondence from Respondent notifying Ms. Fryer of the refusal of the bank to honor her September 22 check and providing her ten days to make good said check. A true and correct copy of said correspondence, the envelope and United States Postal Service Tracking is attached hereto, made a part hereof, and marked as Exhibit `B." 9. Said correspondence dated October 9, 2013 denies Petitioner her equal rights and protection under the Pennsylvania Bad Check Statute, in that Respondent is required to give to Petitioner ten days notice in writing, to cure the default. 10. As set forth in said correspondence Respondent turned this matter over to Detective Richard Nulty, clearly having misrepresented to Detective Nulty that Petitioner had received said Notice by US First Class Mail, Certified, Return Receipt. 11. Ms. Fryer did not receive the correspondence from the Respondent, and did not sign for the certified mail, until October 23, 2013. 12. Electronic mail is insufficient notice on its face, therefore, Respondent was required to wait the requisite time for Petitioner to accept service of the U.S. First Class Certified Mail or for the United States Postal Service to return said mail to the Respondent as "unclaimed." 13. Instead Detective Richard Nulty filed a Police Criminal Complaint in Magisterial District 09 -3 -04 on October 21, 2013, two full days before Petitioner accepted service of the US First Class Certified Mail. A copy of said summons for Criminal Case and Preliminary Hearing Notice are attached hereto, made a part hereof, and marked as Exhibits "C" and "D," respectively. 14. On or about October 15, 2013 Respondent filed a Landlord Tenant Complaint with Magisterial District Number 09 -3 -04 for "failure to pay rent due and unpaid on filing date in the amount of $1,380. 9 15. In said Landlord/Tenant Complaint Respondent states "4 — Notice to Quit was given in accordance with law;" and "a forfeiture has resulted by reason of breach of the conditions of the lease, to wit: tenant passed a bad check in paying I s' month rent (8 days Sept & month Oct). A true and correct copy of the Landlord Tenant Complaint is attached hereto, made a part hereof, and marked as Exhibit "E." 16. In the Lease /Rental Agreement there is no such provision for forfeiture as a result of the breach of the conditions of the lease. Lease /Rental Agreement states in pertinent part, "11. Late Charge /Bad Checks: Late Charge: If rent is not received by the end of the 3 rd of each month, a late fee of $40 will be added. In addition to the $40 fee, every day that the rent is late and starting on the 5 a fee of $15 will be added. Any dishonored check shall be treated as unpaid rent, and subject to an additional fee of $50. If TENANT tenders a check, which is dishonored by a banking institution, than(sic) TENANT shall only tender cash or cashier's check for all future payments. This shall continue until such time as written consent is obtained from (please refer to Lease /Rental Agreement Paragraph 11, as the above is stated verbatim from said Lease /Rental Agreement.) 17. A hearing was scheduled for the Landlord /Tenant matter on Tuesday, October 22, 2013, before the Honorable Paula P. Correal. Ms. Fryer did not attend the hearing as she had no notice of the same and because she was not made aware of the hearing until October 23, 2013 when she received all of her mail. 18. On November 13, 2013 Ms. Fryer attended the Preliminary Hearing scheduled for that date and made Respondent whole. 19. Respondent accepted payment of One Thousand Three Hundred Eighty Dollars ($1,380) representing the amount requested at the time Respondent filed the Landlord Tenant Complaint. A copy of the receipt signed by Respondent acknowledging receipt of said payment in cash is attached hereto and marked as Exhibit "F." 20. Respondent knew or should have known Ms. Fryer was scheduled for a Preliminary Hearing on November 13, 2013. 21. It is practice and custom in the Commonwealth of Pennsylvania that if the police and /or district attorney elect to prosecute the matter as a criminal violation, it is often best to defer any civil litigation until the outcome of the criminal case is known, because the prosecution can sometimes result in the offender making good on the obligation, thereby obviating the need to resort to the civil action. 2 22. In the instant matter, Respondent pursued both matters in an untimely manner as follows: a. Failing to wait the requisite time to obtain proof of receipt of the Notice of Insufficient Funds, by US Postal Form 3811 (Green Card); b. Misrepresented to Detective Richard Nulty the appropriate notice was sent and proof of receipt was obtained; c. Misrepresented to Magisterial District 09 -3 -04 that "Notice to Quit was given in accordance with the law; d. Misrepresented to Magisterial District 09 -3 -04 that "forfeiture resulted as a result of the breach of the conditions of the lease; and e. Failed and refused to accord Ms. Fryer the practice and custom in the Commonwealth of Pennsylvania to determine the outcome of the Preliminary Hearing scheduled for Petitioner; f. Knew or should have known that ten days from the date Petitioner received said ten day notice or Notice of Insufficient Funds was November 2, 2013, therefore the date of filing the Landlord /Tenant Complaint and Criminal Complaint were filed too soon with Magisterial District 09 -3 -04. 23. On or about November 4, 2013 Respondent Filed a Request for Order of Possession with Magisterial District 09 -3 -04 24. On November 5, 2013 Respondent, by and through Constable J. Michael Ward, served upon Petitioner an Order for Possession scheduled for November 18, 2013 at 12:01 a.m. A true and correct copy of the Order for Possession, Return and Notice is attached hereto, made a part hereof, and marked as Exhibit "G." 25. Respondent acknowledges by virtue of the receipt attached hereto as Exhibit "F" that she has been made whole, in response to the Landlord /Tenant Complaint. 4 WHEREFORE, Ms. Fryer respectfully requests this Honorable Court allow this Appeal Nunc Pro Tunc and to issue a Supersedeas staying the Respondent's possession of the property situate at 1468 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania, until a hearing on this matter. Respectfully submitted, JOHN KERR LAW, P.C. November 15, 2013 Jo t M. Kerr, Esquire PA ID No.: 26414 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 Telephone: 717- 766 -4008 Facsimile: 717- 766 -4066 john@johnkerrlawpc.com LEASE/RENTAL AGREEMENT 'PARTIES: LANDLORD Jennifer Ross TENANT(S) PROPERTY ADDRESS: 1468 Timber Chase Drive, Mechanicsburg, PA 17050 1. RENTAL AMOUNT: Commencing September`8, 2013 TENANT agrees to pay LANDLORD the sum of S 1,050 per month in advance on the I" day of each calendar month. Said rental payment shall be delivered by TENANT to LANDLORD or his designated agent to the following location: Rent must be actually received by LANDLORD, or designated agent, in order to be considered in compliance with the terms of this agreement. 2. TERM: The premises are leased on the following lease term: (please check one item only) month to month (OR) X until September 28, 2014. 3. SECURITY DEPOSITS:TENANT shall deposit with landlord the sum of $1,050 as a security deposit to secure TENANT'S faithful performance of the terms of this lease. After all the TENANTS have vacated, leaving the premises vacant, the LANDLORD may use the security deposit for any unusual wear and tear to the premises or common areas, and any rent or other amounts owed pursuant to the lease agreement. TENANT may not use said deposit for rent owed during the term of the lease. Within 30 days of the TENANT vacating the premises, LANDLORD shall furnish TENANT a written statement indicating any amounts deducted from the security deposit and returning the balance to the TENANT. TENANT must provide a forwarding address to LANDLORD. then LANDLORD shall send said statement and any security deposit A'� refund to the TENANT. 4. INITIAL PAYMENT: TENANT shall pay the security deposit on September 6, 2013 in the amount o. =,It . Before moving into the property, the TENANT will pay ,� r forte em d October 2013 rent ($1,050) giving the LANDLORD a total bf $1,155. Said payment shall be made in the form of cashier's check and is all due prior to occupancy. At time of the S 1,155 payment, the LANDLORD will provide the TENANT keys to the property. 5. OCCUPANTS: The premises shall not be occupied by any person other than those designated above as TENANT with the exception of the following named persons: EXHIBIT TENANT must notify LANDLORD in writing of any person staying 30 days cumulative or longer. If TENANT does not notify the LANDLORD, it is in violation of this agreement. Any person staying 30 days cumulative or longer consent shall be considered as occupying the premises. 6. SUBLETTING OR ASSIGNING: TENANT agrees not to assign or sublet the premises, or any part thereof, without first obtaining written permission from LANDLORD. 7. UTILITIES: TENANT shall pay for the following utilities and/or services: water and electric. The TENANT shall pay for cable, Internet and phone if desired. LANDLORD will pay for trash, sewer, and HOA fees. 8. PARKING: TENANT has two parking spaces. TENANT may not assign, sublet, or allow any other person to use this space. This space is exclusively used for the parking of automobiles by the TENANT. No other type of vehicle or item may be stored in this space without prior written consent of LANDLORD. TENANT may not wash, repair, or paint in this space or at any other common area on the premises. Only vehicles that are operational and currently registered may park in this space. Any vehicle that is leaking any substance must not be parked anywhere on the premises. 9. CONDITION OF PREMISES: TENANT acknowledges that the premises have been inspected. Tenant acknowledges that said premises have been cleaned and all items, fixtures, appliances, and appurtenances are in complete working order. TENANT promises to keep the premises in a neat and sanitary condition and to immediately reimburse landlord for any sums necessary to repair any item, fixture or appurtenance that needed service due to TENANT'S, or TENANT'S invitee, misuse or negligence. It is agreed that all holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear. TENANT shall be responsible for the cleaning or repair to any plumbing fixture where a stoppage has occurred. TENANT shall be responsible for keeping the kitchen and bathroom dramas free of things that may tend to cause clogging of the drains. TENANT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks. TENANT shall also be responsible for repair or replacement of the garbage disposal where the cause has been a result of bones, grease, pits, or any other item which normally causes blockage of the mechanism. TENANT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean. TENANT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler. 10. ALTERATIONS: TENANT shall not make any alterations to the premises, including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or other items without First obtaining written permission from LANDLORD. TENANT shall not change or install locks, paint, or wallpaper said premises without LANDLORD'S prior written consent, TENANT shall not install antennas, dishes or other equipment, place placards, signs, or other exhibits in a window or any other place where they can be viewed by other residents or by the general public. 11. LATE CHARGE/BAD CHECKS: LATE CHARGE: If rent is not received by the end of the P of each month, a late fee of $40 will be added. In addition to the $40 fee, every day that the rent is late and starting on the 5 a fee of $15 will be added. Any dishonored check shall be treated as unpaid rent, and subject to an additional fee of $50. If TENANT tenders a check, which is dishonored by a banking institution, than TENANT shall only tender Cash_ or cashier's check for all future payments. This shall continue until such time as written consent is obtained from 12. NOISE AND DISRUPTIVE ACTIVITIES: TENANT or his /her guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, the LANDLORD or his agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the premises. Further, TENANT shall not do or keep anything in or about the premises that will obstruct the public spaces available to other residents. Lounging or unnecessary loitering on the front steps, public balconies or the common hallways that interferes with the convenience of other residents is prohibited. 13. LANDLORD'S RIGHT OF ENTRY: LANDLORD may enter and inspect the premises during normal business hours (lam to 9pm) and upon reasonable advance notice of at least 24 hours to TENANT. LANDLORD is permitted to make all alterations, repairs and maintenance that in LANDLORD'S judgment is necessary to perform. If the work performed requires that TENANT temporarily vacate the unit, then TENANT shall vacate for this temporary period upon being served a 7 days notice by LANDLORD. TENANT agrees that in such event that TENANT will be solely compensated by a corresponding reduction in rent for those many days that TENANT was temporarily displaced. If the work to be performed requires the cooperation of TENANT to perform certain tasks, then those tasks shall be performed upon serving 24 hours written notice by LANDLORD. (EXAMPLE - removing food items from cabinets so that the unit may be sprayed for pests) 14. REPAIRS BY LANDLORD: Where a repair is the responsibility of the LANDLORD, TENANT must notify LANDLORD with a written notice stating what item needs servicing or repair. TENANT must give LANDLORD a reasonable opportunity to service or repair said item. TENANT acknowledges that rent will not be withheld unless a written notice has been served on LANDLORD giving LANDLORD a reasonable time to fix said item within the meaning of Civil Code Section 1942. Under no circumstances may TENANT withhold rent unless said item constitutes a substantial breach of the warrantee of habitability as stated in Code of Civil Procedure Section 1174.2. 15. PE'T'S: No dog, cat, bird, fish or other domestic pet or animal of any kind may be kept on or about the premises without LANDLORD "S written consent. 16. FURNISHINGS: No liquid filled furniture of any kind may be kept on the premises. TENANT shall not install or use any stove, refrigerator, freezer, washer, dryer, water heater or dishwasher that was not already furnished with the unit. 17. INSURANCE: TENANT may maintain a personal property insurance policy to cover any losses sustained to TENANT'S personal property or vehicle. It is acknowledged that LANDLORD does not maintain this insurance to cover personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of GOD, andlor any other causes. It is acknowledged that LANDLORD is not liable for these occurrences. It is acknowledged that TENANT'S insurance policy shall solely indemnify TENANT for any losses sustained. TENANT'S failure to maintain said policy shall be a complete waiver of TENANT'S right to seek damages against LANDLORD for the above stated losses. The parties acknowledge that the premises are not to be considered a security building which would hold LANDLORD to a higher degree of care. 18. TERMINATION OF LEASE/RENTAL AGREEMENT: After expiration of the leasing period, this agreement is automatically renewed from month to month, but may be terminated by either party giving to the other a 60 -day written notice of intention to terminate. Where laws require "just cause ", such just cause shall be so stated on said notice. The premises shall be considered vacated only after all areas including storage areas are clear of all TENANT'S belongings, and keys and other property furnished for TENANT'S use are returned to LANDLORD. Should the TENANT hold over beyond the termination date or fail to vacate all possessions on or before the termination date, TENANT shall be liable for additional rent and damages which may include damages due to LANDLORD'S loss of prospective new renters. 19. POSSESSION: If premises cannot be delivered to TENANT on the agreed date due to loss., total or partial destruction of the premises, or failure of previous TENANT to vacate, either party may terminate this agreement upon written notice to the other party at their last known address. It is acknowledged that either party shall have no liability to each other except that all sums paid to LANDLORD will be immediately refunded to TENANT. 20. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD that an abandonment of the premises has occurred where where rent has been unpaid for 14 consecutive days and the TENANT has been absent from unit for 14 consecutive days. In that event, LANDLORD may serve written notice. If TENANT does not comply with the requirements of said notice in 18 days, the premises shall be deemed abandoned. 21. WAIVER: LANDLORD'S failure to require compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by LANDLORD of such condition or right. LANDLORD'S acceptance of rent with knowledge of any default under agreement by TENANT shall not be deemed a waiver of such default, nor shall it limit LANDLORD'S rights with respect to that or any subsequent right. If is further agreed between the parties that the payment of rent at any time shall not be a waiver to any UNLAWFUL DETAINER action unless LANDLORD in writing specifically acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action. 22. VALIDITYISEVERABILITY: If any provision of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of any other provision of this agreement. 23. AT'T'ORNEY FEES: In the event action is brought by any party to enforce any terms of this agreement or to recover possession of the premises, the prevailing party shall recover from the other party reasonable attorney fees. 24. NOTICES: All notices to the tenant shall be deemed served upon mailing by first class mail, addressed to the tenant, at the subject premises or upon personal delivery to the premises whether or not TENANT is actually present at the time of said delivery. All notices to the landlord shall be served by mailing first class mail or by personal delivery to the manager's apartment or to 55 Steinhour Rd, York Haven, PA 17370 25. PERSONAL PROPER'T'Y OF TENANT: Once TENANT vacates the premises, all personal property left in the unit shall be stored by the "LANDLORD for 18 days. If within that time period, TENANT does not claim said property, LANDLORD may dispose of said items in any manner LANDLORD chooses. 26. ADDITIONAL RENT: All items owed under this lease shall be deemed additional rent. 27. APPLICA'T'ION: All statements in TENANT'S application must be true or this will constitute a material breach of this lease. 28. KEYS AND ADDDENDUMS: TENANT acknowledges receipt of the following which shall be deemed part of this Agreement: (Please check) * , Ike u s #of keys and s y y purposes House Rules 29. ENTIRE AGREEMENT: The foregoing agreement, including any attachments incorporated by reference, constitute the entire agreement between the parties and supersedes any oral or written representations or agreements that may have been made by either party. Further, TENANT represents that 'TENANT has relied solely on TENANT'S judgment in entering into this agreement. TENANT has read and understood this agreement and has been furnished a duplicate original. -LANDLORD/AGENT J DATE TENANT DATE TENANT DATE October 9, 2013 Gloria Fryer Tenant 1468 Timber Chase Drive Mechanicsburg, PA 17050 Gloria, As I stated to you in an email on T hurs, Oct. 3 and then again on Sun, Oct. 6, the check you provided me on Sun, Sept.22 for your rent starting Mon, Sept. 23 (8 days rent in September) and the month of October has been returned due to non - sufficient funds. I was notified by my bank in writing (letter dated Oct. 2 and received Oct. 3) that your check of $1,330 was returned due to non - sufficient funds. As noted in the lease, if a check is returned, I need the rent in either the form of cash, money order, or certified cashier's check. Additionally, there is a fee of $50 for the returned check ($1,380). Furthermore, your rent is now considered late adding another $40 fee and $15 for every day that the rent is late. When I notified you on Thurs, Oct. 3, you responded that you would look into it. As of Tues, Oct 8, I did not receive the rent from you or any communications in regards to it. You have until Mon, Oct. 14 by 8pm to provide me rent. That is 10 days since my original Oct. 3 written communication to make good and pay the outstanding rent. You need to pay the rent as well as the $50 return check fee and $40 late fee, which is $1,420. I will not include the $15 daily fee. If I do not receive this payment by 6pm on Mon, Oct. 14, I WILL TURN YOU OVER TO THE HAMPDEN TOWNSHIP POLICE FOR PASSING A BAD CHECK. I have learned that you have written bad checks to others in the past and I will not hesitate to go to the police. If I do not receive payment by 6pm on Mon, Oct. 14, I will proceed with eviction and you CAN CONSIDER THIS LETTER NOTICE FOR TERMINATION OF THE LEASE FOR NON - PAYMEN t,0F RENT. -✓f f Jenn'' er /koss Landlord of 1468 Timber Chase Drive b Mechanicsburg � PA t EXHIBIT USPS.comg - USPS TrackinoTM Page I of I 1 7:, 9 0i­%T­i, ? . mp l 1 4 Cdr t ypw IMM 4#1 "p %O T.ackoc Find TM customer service ce SPS Tracking L�7 Have questions? We're here to help. Tracking Murnber: 70123460000297560730 Scheduled Delivery Day: October 10, 2013 Froduct & Trackina Information Available Options Postal Product: Features: First-class kfa.' Certified hAa.1 Return Receipt. October 23, 2013, 1:31 Delivered MECHANICSBURG, PA 17055 pm October 10. 2013 , SiM No':ce tefi VIECHANICISBURG. PA 17050 Pm October 10. 2013, 11:28 Out for De:;ve"i IJIS C u 4A N I r- S G U P. G. FA 1 5 5 am October 10, 2013, 1 1.18 SoTting - ,Om�plete M=_CHAt4ICS_PJRG. RA. 7055 am October IQ. 2013. 8:28 Amva! a Unit M ECH A N! CSKIRG, PA 7 `5 5 am DepartLI S-Ort Octobe 10 2013 HARRISBURG, PA 1 October 10. 20 r 138 Prccessea at Usps HARRISSiRG; FA 17 am Ong"r, Sort. Faci�Ay October S. 20'. , 9:02 processed at Usps H Pm Crigifi Son. Faci;:,Y AP R;S2jRG. PA 17 October 9. 201 6:29 Dispatched to Sort Fac; C A N R '"! -A 1 , 7 p " I pm * ty H O ctober 9, 2 013. 4: AcCaot : ce G-MP 1 U P- 1 11, pm T rack Another Package What's your tracking (or receipt) number? ..... ....................... ... ..... .. .. ......... ... ... ... .... - . .. ... s`rack It . LEGAL OiHll USPS.Cotlll, V ABO j OTHER USPS SITES 09USPSCOMF �r� Y��, ��3� Illllf l l ll 1111 ll ill CAM .. � OC .. , . i nosrn�ssa C . � - -- 7012 0002 ^ 9756 0730 4 1000 COMMONWEALTH OF PENNSYLVANIA Summons for Criminal Case COUNTY OF CUMBERLAND ,. Mag. Dist. No: MDJ 09 - - 04 Commonwealth of Pennsylvania MDJ Name: Honorable Paula P. Correa[ V. Address: 5275 East Trindle Road Gloria Fryer Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Gloria Fryer Docket No: MJ- 09304 -CR- 0000547 -2013 1468 Timber Chase Drive Case Filed: 10/21/2013 Mechanicsburg, PA 17050 Pursuant to Rule 510 of the Pennsylvania Rules of Criminal Procedure, You are hereby commanded to appear before the undersigned Magisterial District Judge. A Preliminary Hearing has been scheduled for the above captioned case to be held on /at: Date: Wednesday, November 13, 2013 Place: Magisterial District Court 09 -3 -04, Mechanicsburg 5275 East Trindle Road Time: 11:30 AM Suite 110 Mechanicsburg, PA 17050 717 -697 -2201 This hearing is being held upon the charges on the attached criminal complaint according to law. If you fail to appear for the preliminary hearing on the date and at the time and place specified above, the case will proceed in your absence. If the case is held for court, a request for a bench warrant against you will be transmitted to the court of common pleas. In addition, if you fail to appear without cause at any proceeding for which your presence is required, including trial, your absence may be deemed a waiver of your right to be present, and the proceeding, including the trial, may be conducted in your absence. Bail will be set at the preliminary hearing. You have the right to be represented by an attorney of your choice, and if you cannot afford an attorney, one may be appointed to represent you. Date Issued: 10/21/2013 October 21, 2013��� Date Senior Magisterial District Judge Paula P. Correa) �s EXHIBIT 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 618 1 Printed: 10/21/2013 10:37:25AM COMMONWEALTH OF PENNSYLVANIA Preliminary Hearing Notice COUNTY OF CUMBERLAND Mag. Dist. No: MDJ- 09 -3 -04 Commonwealth of Pennsylvania MDJ Name: Honorable Paula P. Correa) V. Address: 5275 East Trindle Road Gloria Fryer Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Gloria Fryer Docket No MJ- 09304 -CR- 0000547 -2013 1468 Timber Chase Drive Case Filed: 10/21/2013 Mechanicsburg, PA 17050 Comp /Cit #: HAM20131000685 OTN: T 388232 -5 Charge(s 18 § 4105 §§ Al (Lead) Bad Checks A Preliminary Hearing has been scheduled for the above captioned case to be held on /at: Date: Wednesday, November 13, 2013 Place: Magisterial District Court 09 -3 -04, Mechanicsburg 5275 East Trindle Road Time: 11:30 AM Suite I 1 Mechanicsburg, PA 17050 717- 697 -2201 Notice To Defendant A complaint has been filed charging you with the offense(s) set forth above and on the attached copy of the complaint. If you fail to appear at the time and place above without cause, you will be deemed to have waived your right to be present at any further proceedings before the Magisterial District Judge and the case will proceed in your absence. If any of the charges against you are held for court, a request for a bench warrant against you will be transmitted to the Court of Common Pleas. At the preliminary hearing you may: 1. Be represented by counsel; 2. Cross - examine witnesses and inspect physical evidence offered against you; 3. Call witnesses on your behalf other than witnesses to testify to your good reputation only, offer evidence on your behalf and testify; 4. Make written notes of the proceeding, or have your counsel do so, or make a stenographic, mechanical, or electronic record of the proceedings. If the case is held for court and if you fail to appear without cause at any proceeding for which your presence is required, including trial, your absence may be deemed a waiver of your right to be present, and the proceeding, including the trial, may be conducted in your absence. If you cannot afford to hire an attorney, one may be appointed to represent you. Please contact the office of the Magisterial District Judge for additional information regarding the appointment of an attorney. If you have any questions, please call the above office immediately. Should you fail to appear for your preliminary hearing, a warrant will be issued for your arrest- `, y d' of r October 21 2013 �' -;• Date Senior Magisterial District Judge Paula P. Correa) E IBIT 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. MDJS 308 1 Printed: 10/21/2013 10:36:42AM ' COMMONWEALTH OF pEwmbYuu*mm Landlord/Tenant Complaint COUNTY OF CUMBERLAND Mag. Dist. No: -MDJ-09-3-04 PLAINTIFF: NAME and ADDRESS MDJ Name: Honorable Paula P. Correal | Address: 5275 East Trindle Road Suite 110 "o Mechanicsburg, PA 17050 | osFswoawr mAMsarmAoonssn -- Telephone: 717-697-2201 AMOUNT DATE PAID 1 /'ArS F|L|N8COSTS ° ' Docket No: �_ POSTAGE � ' ^~~ ' ' Case Filed: SERVICE COSTS CONSTABLE ED. ' /'--~ /u/*L o �� � � ��� Pa R C P OJ 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 Residential F] Nonresidential F] Damages for injury to the real property, to wit: in the amount of: $ �l 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 $ F] And additional rent remaining due and unpaid on hearing date $ Fl Attorney fees in the amount of $ THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ 1 The location and the address, if any, of the real property is: 2Thep|aintiffisthe|ond|opdofthatproperty. 3.Me leased ur rented the property 10 you orto under whom you claim. 4 Notice tn quit was given in accordance with law, or � notice is required under the terms of the lease- . 5 F term for which the property was leased or rented is fully ended, or F� ..forfeiture F _I _' reserved __---_h_-.-,~...~...............~.........e~. 0 You retain the | property and ref to give up tohs possession. 1, verify that the facts set forth in this complaint are true and correct to the best of my knowledge, 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. (Sign�&e of Plaintiff) � The n|uim/n~,attorney shall file un entry vf appearance Nvith the magisterial district court pursuant »nPu.R.C.P.x8.D.J. 207.1 /r YOU HAVE xDEFENSE to this complaint you may present um the hearing. /r YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which ism the magisterial d/smctjudoe jurisdiction and which you intend toassert at the hearing, YOU MUST FILE xon the complaint form m 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 if claimed, may nevertheless be entered against you. A)vuomontaoumst you for possession may result mvou,Ev/onuwfrummen7em/ses. If you are disabled u require a reasonable um to gain access to the Magisterial District C d / Pljicps pleas contact the Magisterial District Court at the above address or telephone number. We are unable to provide trans EXHIBIT MDJS 31 OA 1 Pr A 7 9, r ---- -------- - ....... ----- - ----- - ------- - -- . . .... - -- ----- ----- -- - --- EXHIBIT monsoon COMMONWEALTH OF PENNSYLVANIA' Order for Possession, Return and COUNTY OF CUMBERLAND Po Notice Mag. Dist. No: MDJ- 09 -3 -04 Jennifer Ross MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Gloria Fryer Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Gloria Fryer 1468 Timber Chase Drive Docket No: MJ- 09304 -LT- 0000148 -2013 Mechanicsburg, PA 17050 Case Filed: 10/15/2013 Time Filed: 03:40PM Date Order Filed: 11/04/2013 TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgment for possession of real property located at: 1468 Timber Chase Drive Mechanicsburg, PA 17050 Requests that you issue an ORDER FOR POSSESSION for such property. Date: Plaintiff: Jennifer Ross ORDER FOR POSSESSION To: J Michael Ward (Sheriff or Certified Constable) You are hereby directed to deliver actual possession to plaintiff, or his agent, of real property located at (Give location and/or address): 1468 Timber Chase Drive Mechanicsburg, PA 17050 Notice Concerning Personal Property Left in Rental Property If you vacate the rental property and leave personal property behind in the rental property, you have ten days to contact your landlord about your intentions concerning the removal of that personal property. Your landlord is obligated to retain your personal property for thirty days if you make such a request within ten days of vacating the rental property. If no such request is made within the ten -day period, your landlord may dispose of the personal property at the end of the ten -day period. Additionally, you may be held responsible for the costs of removal or storage of your personal property after the landlord has the right to dispose of such property. Section 505.1 of the Landlord and Tenant Act of 1951 ("Act"), Act of April 6, 1951, P.L. 69, as amended 68 P.S. § 505.1. November 04, 2013 i * '4, Date Senior Magisterial District Judge Paula P. Correal s f Received Date & Time Signature of Sheriff or Certified Constable EXHIBIT MDJS3116 1 Printed: 11 /0412013 3:40:58PM Jennifer Ross Docket No.: MJ- 09304 -LT- 0000148 -2013 V. Gloria Fryer RETURN ❑ Defendant (Name): ❑ Adult person in charge (Name): Served with copy of ORDER FOR POSSESSION, and served with NOTICE TO VACATE on(Date of Service) at (Location and Address): 1468 Timber Chase Drive Mechanicsburg, PA 17050 ❑ Since none of the above found, served by posting a copy of the complaint conspiculously on the premises Date: Time: ❑ Order satisfied by payment of rent in arrears and costs ❑ Premises vacated without forcible entry and ejectment Amount Paid $ ❑ Forcible entry and ejectment Date: Distribution Time: $ To ❑ Returned within five business days following delivery of possession to $ To plaintiff or satisfaction by payment of rent in arrears and costs. $ To Expenses and fees of sheriff or certified constable $ $ To $ To Signature of Sheriff or Certified Constable $ To Print Name and Title NOTICE TO DEFENDANT TO VACATE If you and all the occupants of this property not authorized by the,owner to be present do not vacate this property within 10 days after the (date of service) day of , <. the law authorizes me to use, and I must use. such force as may be necessary to enter upon this property, by breaking in of any door or otherwise, and to eject you and all unauthorized occupants. If necessary, eviction will commence on %�! ` ' l', ,' after 12:01 AM. At any time before actual delivery of the real property is made in execution of the Order for Possession, the defendant may, in a case for the recovery of possession solely because of failure to pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in arrears and the cost of the proceedings. Complete if judgment of possession is based solely on failure to pay rent. Rent in arrears $ Costs $ Filing Fees $97.50 Costs $5.00 Server Fees $32.17 Rent in Arrears $40.00 Sub Total $174.67 Post Judgment Costs "--$, . Total $223.34 MDJS3118 2 Printed: 11 /04/2013 3:40:58PM 7 _ i a I N y 1 r I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Respectfully submitted, JOHN M. KERR LAW, P.C. November 20, 2013 riff g3�/ J n M. Kerr P.O.Box 9 Luciano Investigative Shermansdale,Pa 17090 Phone:717-215-5793 Services, LLC Fax:717-5a2-3495 e-mail:lucianoleo@centurylink.net Affidavit Of Service I, Leo F. Luciano, hereby verify that on the date and time set below, I personally hand- served the Petition to Appeal Nunc Pro Tunc and for Supersedeas,to Honorable Paula P. Corneal, 5275 East Trindle Road, Mechanicsburg, Pa.17050. On the 15th day of November,2013 At 2:44 p.m. 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 unswom falsification to authorities. By: Leo F. Luciano Luciano Investigative Services, LLC P.O. Box 9 Shermansdale, Pa. 17109 SWORN to and subscribed before me thisl25 day of app Ember 2013 COMMONWEALTH OF PENNSYLVANIA L NOTARIAL SEAL otary Public ��n M.SMITH, minty My Commission Expires July 29,2016 P.O.Box 9 Luciano investigative Sherrnansdale,Pa 17090 Phone:717-215-5793 Services, LW Fax: lucianoleo@centurylink.net e-mail:l:7-582-3495 oleo @centurylink.net Affidavit Of Service I, Leo F. Luciano, hereby verify that on the date and time set below, I personally hand- served the Petition to Appeal Nunc Pro Tunc and for Supersedeas,to Jennifer Ross at 55 Steinhour Road,York Haven, Pa.17370,accepting For Jennifer Ross was Brian Burd. On the 16th day of November,2013 At 6:52 a.m. 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 unswom falsification to authorities. By: �--- Leo F. Luciano Luciano Investigative Services, LLC P.O. Box 9 Shermansdale, Pa. 17109 SWORN to and subscribed before me this n day of/04,0. ,2013 �.., COMMONWEALTH OF PENNSYLVANIA !� o -ry Public NOTARIAL SEAL KITTY t&SMITH.Notary Public Hampden Twp. Cz nbertand County My Commission Expires July 29,2016 David R. Galloway 0 F T -'"P f G i H O' N O TA 10: Counsel for Respondent Attorney I.D.No. 87326 13 NOV 2 1 PM 1: 0 54 E. Main Street Mechanicsburg, PA 17055 CUMMER ENO COUNTY Telephone: (717) 697-4650 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLORIA FRYER, Petitioner, VS. NO. 13-6764 CIVIL ACTION - LAW JENNIFER ROSS, Respondent. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Respondent, Jennifer Ross. Papers may be served at the address set forth above. Respectfully s fitted, David R Gallowa CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Praecipe on this date, upon counsel for Petitioner via facsimile as follows: VIA FACSIMILE: 717/766-4066 John M. Kerr, Esquire 5020 Ritter Rd., Ste. 104 Mechanicsburg, PA 17055 Respectfully submitted, By: Date: November 20, 2013 David R. Galloway GLORIA FRYER, 3n „.vii is opt , Petitioner i I, v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT JENNIFER ROSS, Respondent 2013-06764 CIVIL TERM IN RE: PETITION TO APPEAL NUNC PRO TUNC AND FOR SUPERSEDEAS ORDER OF COURT AND NOW, thisLL day of November 2013, upon consideration of the Petitioner's Petition to Appeal Nunc Pro Tunc and For Supersedeas, and after review of Magisterial District Court 09-3-04 records, attached, that show not only that service was properly posted but also that possession has already transferred, the Petition is DENIED. Petitioner's alleged breakdown in the operation of the court which would permit an appeal nunc pro tunc is not supported by Court records. • 'T Thoma A. Placey C.P.J. Distribution List: ohn M. Kerr, Esq. Jennifer Ross ap t'es Obi ( c-) NA yr �M w i