The URL can be used to link to this page

Home My WebLink About13-7271 NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 13 - -? 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 District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG DIST. NQ O ME OF D.J. �T CA/ � —0 1' -044 ADDRESS OF APPELLANT GTY STATE ZIP CODE P o� i5 ? 2 c P4— DAT AIDGMENT IN THE CASE OF (PlairliN) (Defendant) /M�1�. 201 �� ► C crc vs R V1 0 c CLALM NQ M d — Q q3 O / LT- 0000 1 55 <— 2-0 ,3 SIGNATURE OF AP LLANT OR HIS ATTORNEY OR AGENT CV 19 /Y' / LT 19 This block will be signed ONLY when this notation is required under Pa. RC.P.J.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088 This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE To Prothonotary i- Enter rule upon ' `�✓�_' 1 C � " appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas Na 43 7 —� within twenty (20) days afters Ice oof rules o suffer e y gment of non pros. rs Signature of angff his attorney or agent RULE: To R io b er F or'A -'50� appellee(s). Name of appellees) (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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mail' Date: J)e?C - 1 — . Signature of Prothonotary or Deputy b'l�1�i�7J, Srt�P��Gt 103 SV". AOPC312 -e4 COURT FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Non- Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 Robert Richardson MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Jim Johansen Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Jim Johansen Docket No: MJ- 09304 -LT- 0000155 -2013 6 East Simpson Street Case Filed: 11/1/2013 Mechanicsburg, PA 17055 Disposition Details Grant possession. Yes Grant- possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc -Cross Complaint) Docket No Plaintiff . Defendant Disposition Disposition Date MJ- 09304 -LT- 0000155 -2013 Robert Richardson Jim Johansen Judgment for Plaintiff 11/12/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Jim Johansen $0.00 $3,862.31 $3,862.31 Robert Richardson $0.00 $0.00 $0.00 Judgment Finding ( * PostJudgment) In the matter of Robert Richardson vs. Jim Johansen on MJ- 09304 -LT- 0000155 -2013, on 11/1212013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $1,435.35 ' S Judgment Component_ Joint/Several Liability Individual Liability Deposit Applied Amount Costs $0.00 $5.00 $5.00 Filing Fees $0.00 $114.00 $114.00 Rent in Arrears $0.00 $3,711.14 $3,711.14 Server Fees $0.00 $32.17 $32.17 Grand Totai: $3,862.31 Portion of judgment for physical damages arising out of residential lease: $0.00 ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR 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. s MDJS 315A Page 1 of 3 Printed: 11/13/2013 9:46:15AM 7 Robert Richardson Docket No.: MJ- 09304 -LT- 0000155 -2013 V. Jim Johansen � m 1�A', Date Senior Magisterial District Judge Paula P. Correa) -o- certify that this is a true and correct copy of the record of the proceedings containing the judgment.,,. 7, f Date Magist�driai strict Judge s '1 l MDJS 315A Page 2 of 3 Printed: 11/13/2013 9:46:15AM 3 l 1 i PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Thin proof of service MUST BE FILED WITHIN TEN(10)[SAYS AFTER filing the notice of appeat. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 4-AN ;ss j AFFIDAVIT: l hereby swear or affirm that l served t+ 'a copy of the Notice of Appea, Common Pleas No. upon t;e0by r(ct Justice designated therein on (date of service) by personal service (certified) r mail, sender's receipt attached hereto, and upon the appellee, (name) ,t°i�QT on Ila -t l ❑ by personal service (certified) (ra aR-4maail,sender's receipt attached hereto. and further that 1 served the Rule to"File a Complaint accompanyin tthe above Notice of Appeal upon!0e appellee(s)to wham the Mule was addressed on l �rSo"` Z2 4&17 1-4 0 by personal service(„Ky (certified) (re istmedj mail, sender's receipt attached hereto,1E See, o4 jKpe, -4Awe11--s,_ 4^5 fief` aecedzW G'o�J�iraQ'oaln'la�� j SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME or- /y dG7T THIS �� DAY OFG�°�'�'�� S' at a of affiant Signatu of official before whom affidavi as made G/flggi,' Title of official / My commission expires on iM WL li>9w M.lfNMWrN mectial-Aeon"111 Fly Cammbrkm ' rn C -U rq Grr3� _... :* -n ...- =c s )> USPS.com@-USPS Tracking- 12/18/13 9:14 AM English Y Customer Service USPS Mobile Register I Sign In �ausps. U Al Search LJSPS.r-om or Track Packages IV) Quick foots I ra,;% c Enter uptc)10 Tricking#'Find Hi,d U �.,atni Customer Service ,N PS Tracking T" Have questions?We're here to help. 70012510000030292370 a., December 13,2013 V J, Postal Product: Features: Email Updates First-Class MailO) Certified Mai I TIA Return Receipt December 12,2013, Delivered MECHANICSBURG,PA 17050 4:29 pm December 12,2013 Out for Delivery MECHANICSBURG,PA 17055 10:53 am December 12,2013, Sorting Complete MECHANICSBURG,PA 17055 10:43 am December 12,2013, Arrival at Unit MECHANICSBURG,PA 17055 7:02 am December 12,2013, Processed at USPS HARRISBURG,PA 17107 4:11 am Origin Sort Facility December 12,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility December 11,2013 Processed at USPS HARRISBURG.PA 17107 9:35 pm Origin Sort Facility December 11,2013, Dispatched to Sort MECHANICSBURG,PA 17055 7:34 pm Facility December 11,2013, Acceptance MECHANICSBURG,PA 17055 6:18 Pm What's your tracking(or receipt)number? Track It https://tools.usps.com/go/TrackConfirmAction!input.action?tRef=qt&tLc=I&tLabels=7001+2510+0000+3029+2370 Page 1 of 2 USPS.com@-USPS Tracking" 12/18/13 9:10 AM English. Customer Service USPS Mobile Register I Sign In &2 USPS,C M, Search USPS.com or Track Packages Quick Tools I rank a packa,,,,,� Sand mp", �Aa�� 'S -�T 3,-amna Enter tip to 10 Tracking XFind Ford USP�, Bu tamps ,chedule,a PiCk3.g) TM Customer Service) -101`,p PS Track 4, ing f7—, Have questions?We're here to help. 70012510000030292363 December 13,2013 ......�r t s Postal Product: Features: Email Updates First-Class MailO Certified Mail- Return Receipt DATE&TIME STATUS OF ITEM LOCATION December 12,2013, Notice Left MECHANICSBURG,PA 17050 4:47 pm December 12,2013, Out for Delivery MECHANICSBURG,PA 17055 10:53 am December 12,2013, Sorting Complete MECHANICSBURG,PA 17055 10:43 am December 12,2013. Arrival at Unit MECHANICSBURG,PA 17055 7:02 am December 12,2013, Processed at USPS HARRISBURG,PA 17107 4:13 am Origin Sort Facility December 12,2013 Depart USPS Sort HARRISBURG.PA 17107 Facility December 11,2013 Processed at USPS HARRISBURG,PA 17107 11:12 pm Origin Sort Facility December 11,2013, Dispatched to Sort MECHANICSBURG,PA 17055 7:34 pm Facility December 11,2013, Acceptance MECHANICSBURG,PA 17055 6:19 pm What's your tracking(or receipt)number? Tra,-*It https://tools.usps.com/go/TrackConfirmAction!input.action?tRef=qt&tLc=1&tLabeIs=7001+2510+0000+3029+2363 Page 1.of 2 ROBERT S. RICHARDSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2013-CV-7271 JAMES E JOHANSEN Defendant ` " =E-rt. t. W -C) NOTICE 5 You have been sued in court. If you wish to defend against the claims set forth irlthe'" 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COUNTY OF CUMBERLAND 1 Courthouse Square Carlisle, PA 17013 717-240-6100 or 1-888-697-0371 Page 1 of 3 ROBERT S. RICHARDSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2013-CV-7271 JAMES E JOHANSEN Defendant COMPLAINT 1. Plaintiff is an adult individual who owns commercial property, located at 5223 & 5225 Simpson Ferry Road, Mechanicsburg, PA 17050. 2. Defendant is an adult individual operating a business at 6 E Simpson St, Mechanicsburg, PA 17055. 3. Defendant signed 5 year lease agreement on May 5, 2011. 4. Defendant broke lease agreement July 24, 2012 and owes $2837.25 for unit being unoccupied for 3 months until new tenant signed lease agreement. 5. Defendant has balance due for UGI (gas), CAM (common area maintenance) and late fees totaling $873.89. 6. Defendant is responsible for court cost from magistrate hearing on 11/12/13, totaling $151.17. WHEREFORE, Plaintiff prays this honorable court will enter judgement against the Defendant and in favor of the Plaintiff in the amount of$3862.31, which includes court costs for lower court hearing. Respectfully Submitted, Robert S. Richardson Page 2 of 3 ROBERT S. RICHARDSON • IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. NO. 2013-CV-7271 JAMES E JOHANSEN Defendant VERIFICATION I, Robert S Richardson 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) related to =sworn falsification to authorities. Date:/,2;5, 20 / (Signature of Plaintiff or Authorized Agent) Page 3 of 3 b ` • Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 r-'x PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) r•, (L) andrewc.sheely @verizon.net c ROBERT S. RICHARDSON, IN THE COURT OF COMMON PAS Off' Plaintiff CUMBERLAND COUNTY, PENNSVAN€i . 2013-7271 vs. • JAMES E. JOHANSEN, CIVIL ACTION - LAW Defendant • DEFENDANT'S ANSWER AND NEW MATTER Defendant, James E. Johansen, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Answer and New Matter and respectfully states as follows: 1. Admitted upon information and belief . 2 . Denied, and strict proof thereof demanded at hearing, trial or otherwise. 3 . Admitted with clarification. Defendant James E. Johansen signed a lease with Plaintiff and Melody M. Richardson for real estate located at 5223 East Simpson Ferry Road, Mechanicsburg, Pennsylvania, 17050. 4 . Denied, and strict proof thereof demanded at hearing, trial or otherwise. 5. Denied, and strict proof thereof demanded at hearing, trial or otherwise 6. Denied. The matters set forth in paragraph 6 of Plaintiff ' s complaint are conclusions of law to which no reply is necessary. To the extent a response is required, the allegations are denied and strict proof thereof demanded at hearing, trial or otherwise. WHEREFORE, Defendant James E. Johansen respectfully requests that judgment be entered in favor of Defendant and against Plaintiff and that the Court dismiss the underlying complaint. NEW MATTER 7 . Paragraphs 1 - 6 are incorporated herein as if set forth at length. 8 . Plaintiff breached the lease agreement by constructively evicting Defendant from the leased premises by failing to allow a check to clear presented by Defendant resulting in Plaintiff ' s filing of criminal charges against Defendant for presenting a check for insufficient funds. 9. Defendant ' s initiation of criminal charges for a check with insufficient funds essentially made it impossible for Defendant to comply with the lease agreement. 10 . To the extent Defendant has any liability for unpaid rents, Defendant is entitled to a setoff for payments made by Defendant and received directly or indirectly by Plaintiff as part of a restitution claim associated with the allegations in 2 this complaint. 11. Plaintiff failed to attach any lease or documentation supporting Plaintiff ' s claims for amounts claimed for certain utilities, CAM expenses and Defendant demands proof thereof, if applicable, at hearing, trial or otherwise. WHEREFORE, Defendant James E. Johansen respectfully requests that judgment be entered in favor of Defendant and against Plaintiff and that the Court dismiss the underlying complaint. Respectfully submitted, Date: January IP, 2014 By: ' �� Andrew C. Sheely, - quire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendant, James E. Johansen 3 VERIFICATION I verify that the statements made in this Defendant's Answer and New Matter are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. /Date: January 6 , 2014 — J-,res E. Joharr " -n CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendant's Answer and New Matter upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: ROBERT S. RICHARDSON 82 BALI HAI ROAD MECHANICSBURG, PA 17050 Date: January 0 , 2014 1/4110 1w14 C. Shee "" L� y, squire ROBERT S. RICHARDSON : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. • NO. 2013-CV-7271 JAMES E JOHANSEN Defendant : 1" c.. rFn rn PETITION FOR APPOINTMENT OF ARBITRATORS.44 46. Op TO THE HONORABLE, THE JUDGES OF SAID COURT: mt Robert S Richardson, the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $3,862.31. The counterclaim of the defendant in the action is $ 0.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Mark R. Thomas, Esquire and Jeff R. Lawrence, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 4,18.5-00 p/41 ROBERT S. RICHARDSON Cash 2t3oo77ti ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., Esq., , and Esq., are appointed arbitrators in the above- captioned action (or actions) as prayed for. By the Court, P.J. (it ROBERT S. RICHARDSON IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • • NO. 2013-CV-7271 JAMES E JOHANSEN Defendant 2 at_. (v.( lit �G� PETITION FOR APPOINTMENT OF ARBITRATORS 2a TO THE HONORABLE, THE JUDGES OF SAID COURT: con Robert S Richardson, the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $3,862.31. The counterclaim of the defendant in the action is $ 0.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Mark R. Thomas, Esquire and Jeff R. Lawrence, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 4.28.$op°lP/1 ROBERT S. RICHARDSON Cash j_,23-'ae y Rt30o77' ORDER OF COURT AND NOW, ,, , a, , 20/L f , in consideration of the foregoing petition, Esq., ./ rJ �i �� , Esq., �(�1 Gz , and Esq., fi,e4 1. r "z, are appointed arbitrators iftthe above- captioned action (or actions) as prayed for. By the Court, a COr "QV fita4 LTiL . 2ke.dy .;t) • Vat/i G In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No.10i S-Gy-7 Z71 Defendant Civil Action-Law, Oath We do solemnly swear (or affirm) that we will support; obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. 1 �ZIA sr-111_-- Signature Zn�ature Signature Name (Chairman) name � Name W&OW Mp(�tW� Mato i d &l j 2 Tu 20 20swsoN Law Firm f , 1 Law Finn Law Firm Address Address Address 1, t,r) #iW,;�A >701 ( C�2�,S x 7013 City, Zip City; Zip City, Zip Award We; the undersigned arbitrators; having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages or delay are awarded; they shall be separately stated.) �/>Z l h n ft'jS l Q ►C C� S vvt I S el G c' I a&L o-9 &v i A_oC e -IAitrator;tlissents {Insertnameifapplicable:)__._._. ... Date of Hearing; Z �� (Chairman) Date of Award:b 170 Notice of Entry of Award Now, the day of , 20 l�' at ��`�7 , .M., the above award was entered upon the docket and noticeaKereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S S"-O Deputy Prothonotary t `r`- _ 20A JU 4 AM 113- 21 ID COUNTY CUMBERLAN PENNSYLVANIA �Xee / t