HomeMy WebLinkAbout05-0578in yr rmnmo r il-vnmi^
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM 1710116Sr
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0,5 5?8 etc; 4 7-,?,-
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 referenced below.
I??L,.?? K4E?.,U
.CJ.t: 7
6t3V%Ai.QFIC ?% r/?wv?eti? ?i4V 17d- 411VVV
- --. ,.._.... ,
l-O 'O5 r?Pitc"n1 e'44616,e, ? _&411E
4 T-oovd ,1S6 --e -/
finis bock will be signed ONLY when this notation is requlred under Pa. It appellant was claimant (see Pa. K.C.P.O.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sgoatme of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon (f? ?6hz'---Al appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To "f; -e >ldlfcit/7?Q , 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 dale of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
-
Date: C , 20 0 S ,..rs. _'2 /rt-LCYe?..?
-- --- --- -` na--5- Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.}
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT; I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
, 20 ? by personal service ? by (certified) (registered) mail,
senders receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 120
Signature of official before whom affidavit was made
Title of official
My commission expires on 20 .
Signature of afliant
N
T37"[? Vi --t
f t ? R
--O
r
m
i7
t. ?
C
l7t
C
? -j
w ?
AOPC 312A-02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
DJ Name: Hon.
HELEN B. SHULENBERGER
Acidness: PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA
Telephone: (717 1 776-3187 17241
ATTORNEY DEF PRIVATE :
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE NAME rCRAMER, STEPHEN
264 HOSTETTER AVE.
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
FRUNRLE, DAVE, ET AL.
203 FAIRFIELD ST. APT/STE 5
NENVILLE, PA 17241
GEOFFREY M. BIRINGER ESQ L J
MIDPENN LEGAL S DocketNo.: LT-0000156-04
8 IRVINE ROW Date Filed: 11/23/04
CARLISLE, PA 17013-0
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) CRAMER, STEPHEN
Judgment was entered against KUNKLE, DAVE in a
® Landlord/Tenant action in the amount of $ 1, 599.63 on 1/05/05 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ .00.
of
is
Total Amount Establish d bv ?jJ ess Security Deposit Ap li d
Rent in Arrears $ ?• • 0? - $ • 's =
Physical Damages Leasehold Property $ 00 - .00 =
Damages/Unjust Detention $ 00 - -00
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ 1,5UU.UU
$ .00
$ .00
$ .00
$ _nn
$ 1,500.00
$ 99.63
$ _nn
It 1.599.63
Defendants are jointly and severally liable.
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
S--05 Date
Date
My commission expires first Monday of January, 2006
n na, eA.nq
District
SEAL
STEPHEN CRAMER
Plaintiff,
V.
DAVE KUNKLE,
Defendant
:IN THE COURT OF COMMON PLEAS.
CUMBERLAND COUNTY,PENNSYLVANIA
:CIVIL ACTION - LAW
CIVIL TERM 05- 6-79 C.?,J 7?,-
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To The Prothonotary:
Kindly allow Dave Kunkle, Defendant, to proceed in forma ap uperis.
I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free
legal services to the party.
MIDPENN LEGAL SERVICES
BY:
Geoffrey M. Biringer, Attorney for Plaintiff
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
ID#18040
?' ? C-)
_
l Y7 ai::a `i"1
[l?
"+
?
? "i1
I .' ? G;.d ..n s T1
,,.,r,
y
-r`
=i?'
.
?i
C7
"
-? ??yri
?
?' ?^ :
?
7
.w. x
n
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
t. DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OFF APPELLANT ` MAG. DIST. NO. IJAME OF D.J. _
^l?.°l
ADDRESS OF APPELLANT CITY STATE ZIP CODE
7,;z 41
DATE OF JUDGMENT IN THE CASE OF rotntRfi (Defendant)'
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 100813.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sgnature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
e
Signature of appellant or attorney or agent
RULE: To ,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 MAY 13E. ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date 20
"6 ----- Signature of Prothonotary or Deputy
I
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT RILE
-0 Un
-0 Un
C3 III O
ra f ra
nj ru
r9 a
un u1
nd nJ
on m
0 0
O O
O O
O C3
S S
o
r]3, 1
I2+' i 1 E OF NOTICE OF APPEAL 0 1 F I
:L ViTHIN TEN (10) DAYS APTE iS n + ? n
' ? K*n.?-' ss
,,,..I that i served
IZ'? : r-. l P:n x :,r Appeal. Common Pleas No.
20 il [] b
seodEi s c„e.pt ts.ched hereto, and upon the appellee, a",T,
. 2040S ? by persc'.ai s, ri l1?""j.... i,
sen,lc i'; rccelpt al*-d red hereto
c
ItiVORNJ,( FHRMED)AN SUBSCRIBEDBEFORI;-ME
2065
7n ilurU of (cia+belore rham af5,iav,t was mode
77
My commission expires on ft ?? `f 20
NOTARIAL SEAL
JODY S. SMITH, NOTARY PUBLIC
Carlisle Boro, Cumberland County
My Commission Expires April 4, ?005
AOPC 312A - 02
a 411 uiw .w?r?wwnnwu 11 1 u 0111011 ni UplVOn*w, x..:111 111110 10il ??
COMMONWEALTH OF PENNSYLVANIA
r•.ni iNTY nF• CUMBERLAND
Mag. Dist. No.:
09-3-02
MDJ Name: Han.
HELEN B. SHULENBERGER
Address: PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA
Telephone: (717) 776-3187 17241
HELEN B. SHULENBERGER
PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA 17241
?S- S'7p Cw?"? ?""1
COMMON PLEAS NOTIFICATION
REQUEST FORM
PLAINTIFF:
NAME and ADDRESS
rCRAMEF:, STEPHEN
264 HOSTETTER AVE.
SHIPPEMiSBURG, PA 17257
L
Vs.
DEFENDANT: NAME and ADDRESS
IRRUNRLE, DAVE, ET AL.
203 FAIRFIELD ST. APT/STE 5
NEWVILLE, PA 17241
L
DocketNo.: LT-0000156-04
Date Filed: 11/23/04
` Disposition Date: 1/05/05
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Judge
CIVIL-LANDLORD/TENANT APPEAL
- APPEAL STRICKEN - appeal has been disallowed.
APPEAL DISCONTINUED - appeal has been discontinued by appellant.
J
J
MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial
district judge judgement.
MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court: has reached a decision that does not concur with
the district justice decision.
WRIT OF CERTIORARI
WRIT STRICKEN - appeal has been disallowed.
- WRIT DISCONTINUED - writ has been discontinued by appellant.
MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of
juristiction, or improper venue.
WRIT DISMISSED - magisterial district judge decision was not found to be flawed, lacking jurisdiction, or having
imp?oper venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
10:40:05
AM
AOPC 7298-05
DATE PRINTED: 2/03/05
. ,, v.` Yrc c ROt'T';+?T"', er"8!"»rn-va-trm, zi`p',"4 ig9?afi iram^wP:,2"cyf","+M'ryG^" +" lk' .'".mrv feyrjn?+ ?747 'R
c
COMMONWEALTH OF P&NNISYLVf NIA
00URTQ,FC00 IOF?-t?LEAS NOTICE aF ANP AkL
JuaM1olal [#istftot, KI001 iilf Of FROM a l o tI
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 4 5 ;Q +x (/,
NOTICE OF Z09AL )t)'?
Notice is given that the apoollant hj(ks filed in the abpve Coutt of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the bees referenced below.
NAME OF, APPELLANT
o MAG. DIST. INC. NAME OF:D.J.
.
ADDRESS OF APPELLANT CITY" .. STATE ZIP CODE
'r Ax
DATE OF JUDGMENT IN THE CASE OF (PleMbll)
-..
(DelendenO'
w? :?.q,?d L
, ?e M ?ie9,?'t' r.
L
DOCKET NP. SI NA URE F A ELLANT O RNEY
D AG
-o
4 s,
n
This block will be, signed ONLY when this notation •'IS required under Pa. If appellant was Claimant (see Pa.: R.C.P.O.J:. No.. 1001(6) in action
R.C.P.D.J. No. 10080' "I
This Notice of Appeal, when receiv@d by. the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
" (20) day's after filing the NOTICE of APPEAL.
Blpnams of Piothoriatayw0epury
}r;
' rn
r
' vr_.' r6 C:?E7
I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-02
DJ Name: Hon.
HELEN B. SHULENBERGER
Address: P.O. BOX 155
27 W. BIG SPRING AVENUE
NENVILLE, PA 17241
Telephone: (717 ) 776 - 3187
Filing Costs $ 6y 5
Postage $ _ 0111:5 Ca17bI??S
Service Costs $
Constable Ed. $
Total $
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by
the prevailing party.
LANDLORD AND
TENANT COMPLAINT
PLAINTIFF: NAME and ADDRESS
r
StE veCYame-r
26'vl /-Xopfe rrve .
L Sl, P?6My,a -vs 7zs7
DEFENDANT: NAME and ADDRESS
r Irv, P)fI e_
kUf1 e'._.- IaNe
L /VCLt1?,-He c t. Docket No.: 7=J: //-Q
7
J
7
J
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 ? Nonresidential.
? Damages for injury to the real property, to wit:
in the amount of: $
? Damages for the unjust detention of the real property in the amount of $
NZ Rent remaining due and unpaid on filing date in the amount of $ Wo, co
JR And additional rent remaining due and unpaid on hearing date $
Attorney fees in the amount of $
THE PLAINTIFF FURTHER ALLEGES THAT: (? II Total: $
1. The location and the address, if any, of the real property is: 203 ?ai rtl e?d S S ?w/V r c,
2. The plaintiff is the landlord of that property.
3. He leased or rented the property to you or to ave kunl0e_ under whom you claim.
4. ® Notice to quit was given in accordance with law, or
No notice is required under the terms of the lease.
5. ? The term for which the property was leased or rented is fully ended, or ' 1 I f
A forfei ure has tesulted by reason of a breach of the conditions of the lease, to wit: vnd es , fRD/L
non or,
? Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
I, S/e 0e_ y_QMP_K verify that the facts set forth in this complaint
are true and correct to the best of my knowledge, information and belief. Thi tatement is made subject to the
penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) ref a to uthorities.
(Signature of Plaintiff)
(Plaintiffs Attorney) (Address) (Phone)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises,
which is in the districtjustice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing.
IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and foroamages and rent if claimed may nevertheless oe entered against you.
A judgment against you for possession may result in your EVICTION from the premises.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,
lease contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation.
AOPC 31 OA-03 Hemarms ana summary of testimony may oe recorded on reverse side.
COMMONWEALTH OF PENNSYLVANIA
Cr)i INTV np. CUMBERLAND
Mag. Dist. No.
09-3-02
DJ Name: Hon.
HELEN B. SHULENBERGER
Acidness: p0 BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA
Telephone: (717 ) 776-3187 17241
HELEN B. SHULENBERGER
PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
FCRAMER, STEPHEN
264 HOSTETTER AVE.
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
r-KONKLE, DAVE, ET AL.
203 FAIRFIELD ST. APT/STE 5
NEWVILLE, PA 17241
L J
DocketNo.: LT-0000156-04
Date Filed: 11/23/04
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
7X Judgment was entered for: (Name) CRAMER, STEPHEN
Judgment was entered against KUNKLE, DAVE in a
Landlord/Tenant action in the amount of $ 1,599.63 on 1/0i/05 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is 9; .00.
The total amount of the Security Deposit is $ uu
ue
Total Amount Established bby J LLess • Security Deposit APU laiWd = AdIjudicated mo'Ub
Rent in Arrears $ 1•SUS•00-$_ - $ 1' 0
Physical Damages Leasehold Property $ .9-0--s- .00 = $ .00
Damages/Unjust Detention $ 00-$_ -0o = $ -00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ . 00
UT Judgment Amount $ 1 500 -00
? Attachment Prohibited/ Judgment Costs $ 99-63
42 Pa.C.S. § 8127 Attorney Fees $ -00
? This case dismissed without prejudice. Total Judgment $ 1,599.63
® Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Possession granted if money judgment is no sa Is ie by time o evlc loln.
? Possession not granted. ? Defendants are jointly and severally liable.
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
1- 5- O`j Date , District Justice
.
cert l y t at this is a true an correct copy cif the record o e proceedings amtalning t e judgment
Date District Justice
My commission expires first Monday of January, 2006 • SEAL
AD C 315A-03
COMMONWEALTH OF PENNSYLVANIA
,UUN I Y Ur:
Mag. Dist No.:
09-3-02
DJ Name: Hon.
HELEN B. SHULENBERGER
Address: PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA
Telephone: (717) 776-3187 17241
HELEN B. SHULENBERGER
PO BOX 155
27 W BIG SPRING AVENUE
NEWVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF:
NAME and ADDRESS
rC
STEPHEN
RAMER,
264 HOSTETTER AVE.
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
rXUNRLE:, DAVE, ET AL.
203 FAIRFIELD ST. APT/STE 5
NEWVILLE, PA 17241
L J
DocketNo.: LT-0000156-04
Date Filed: 11/23/04
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
?X Judgment was entered for: (Name) CRAMER, STEPHEN
Judgment was entered against KUNKLE, MRS. DAVE in a
0 Landlord/Tenant action in the amount of $ 1,599.63 on 1/0i/05 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is 1; .00.
The total amount of the Securitv Deposit is $ .00
Total Amount Establish{Pd ass Security Deposit Apbli ?d -
Rent in Arrears $ 1,JV?•Ob-$_ •
Physical Damages Leasehold Property $ .00- $_ .00 °
Damages/Unjust Detention $ -00 - -00
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
AdjudicaiedArrraouab
$ .00
$ .00
$ -00
$ _n0
$ 1 500.00
$ 99-63
$ _00
1.599.63
Defendants are jointly and severally liable.
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
r d,?> Date
Date
My commission expires first Monday of January, 2006
AD C 315A-03
District
SEAL
?:
?:
?,
?,
=,
,, ,
?,? ,
'"?,t',
.. l
,'`,,
?'?'>
.:- _
? 4?
STEPHEN D. CRAMER IN THE COURT OF COMMON PLEAS
Plaintiff, OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
VS. CUMBERLAND COUNTY BRANCH
DAVE KUNKLE CIVIL ACTION LAW
Defendant. NO.
NOTICE TO DEFEND
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 defense 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 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.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
1-800-990-9108
STEPHEN D. CRAMER IN THE COURT OF COMMON PLEAS
Plaintiff, OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
VS. CUMBERLAND COUNTY BRANCH
DAVE KUNKLE CIVIL ACTION LAW
Defendant. NO.
.........................................................
.........................................................
COMPLAINT
1. Plaintiff, Stephen D. Cramer, is an adult
individual residing at 264 Hostetter Avenue,
Shippensburg, Pennsylvania.
2. Defendant, Dave Kunkle, is an adult individual
residing at 31 West Big Spring Avenue, Newville,
Cumberland County, Pennsylvania.
3. Plaintiff leased the premises at 203 Fairfield
Street, Newville, Cumberland County, Pennsylvania to
defendant commencing May 2004.
4. The lease provided for a monthly rental of
$400.00 payable in advance on the 1st day of every month.
5. Defendant entered into possession of the leased
premises on May 1, 2004.
6. Defendant ceased to pay the rent due as of
September 2004. The amount of rent in arrears is
$2,000.00.
7. Defendant vacated the leased premises and
surrendered possession thereof to plaintiff on January
31. 2005.
8. Plaintiff has made demand upon defendant for
payment of the sum of $2,000.00, but defendant has failed
and refused and still refuses to pay the same or any part
thereof.
WHEREFORE, plaintiff demands judclment against
defendant as follows:
(1) in the amount of $2,000.00 for back rent, with
interest from January 31, 2005; and
(2) costs.
Respectfully submitted,
-?@
Stephe D. Cramer
Date: 2-16-D5'
VERIFICATION
I verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsification to authorities.
Ste en D. Cramer 2,16.0g'
Date:
f
Si'l
46
W
l V
*77
STEPHEN D. CRAMER
Plaintiff
VS.
DAVE KUNKLE,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
No. 05-578 CIVIL
ANSWER, NEW MATTER, AND COUNTERCLAIMS
To: STEPHEN D. CRAMER
You are hereby notified to file a written response to the enclosed Answer, New
Matter, and Counterclaims within twenty (20) days from service hereof or a judgment
may be entered against you..
MIDPENN LEGAL SERVICES
By: ??? bj., jJ
Geoffrey W. Biringer, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
STEPHEN D. CRAMER
Plaintiff
vs.
DAVE KUNKLE,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
No. 05-578 CIVIL
ANSWER, NEW MATTER, AND COUNTERCLAIMS
The Defendant, by his attorneys MidPenn Legal Services and Geoffrey M.
Biringer, hereby sets forth as follows:
ANSWER
1. Admitted.
2. Admitted.
3. Denied. Defendant's lease commenced in April, 2004.
4. Denied. The monthly rental was Three Hundred Fifty Dollars ($350), and
Defendant was told to pay an extra Fifty Dollars ($50) per month toward the
security deposit.
5. Denied. Defendant moved in on April 4, 2004.
6. Denied. As more fully set out in New Matter and Counterclaims, Defendant
did not owe any rent.
7. Admitted.
8. Denied. Plaintiff obtained a judgment (herein appealed) for One Thousand
Five Hundred Ninety-Nine Dollars and Sixty-Three cents ($1,599.63), which
Defendant denies owing as more fully set out in New Matter and
Counterclaims below.
WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and
judgment entered for Defendant.
NEW MATTER
9. Defendant incorporates Paragraphs 1-8 herein by reference hereto.
10. At the inception of the lease in April, 2004, Plaintiff promised to replace
and/or clean the carpet, paint the bedroom, bathroom and kitchen walls,
replace the stove, and fix or replace the refrigerator.
11. When these repairs were not made, the Defendant notified the Plaintiff that
the repairs were not made, and that the health and safety of his family was
being jeopardized.
12. In addition to those items set out in Paragraph 10 above, the Defendant
notified the Plaintiff of an infestation of mice, a malfunctioning refrigerator,
an inoperative stove fan, and a leaky sink sprayer.
13. The stove was replaced in September, but no other repairs were made.
14. As a result of repairs not done, Defendant began to withhold his rent in
September, 2004.
15, In the month of December, 2004, the Defendant trapped and killed twenty-
five mice, but without more thorough abatement from the landlord, the mice
kept coming.
16. Defendant and his wife have lost sleep, suffered nightmares, and strained their
relations due to the above-described rodent infestation.
17. The defective condition of the leased premises has reduced the value of the
housing , during the entire time of the tenancy, to the Defendant to One
Hundred Dollars ($100) per month or Twenty-Nine percent (29%) usable
living space out of the entire leased premises.
18.. The Defendant paid the Plaintiff a total of Two Thousand Fifty Dollars
($2050) over the entire term of the lease, or an average of over Two Hundred
Dollars ($200) per month.
COUNTERCLAIMS
IMPLIED WARRANTY OF HABITABILITY
19.Paragraphs 1-18 are incorporated herein by reference hereto.
20. By failing to make timely repairs to the leased premises as requested by the
Defendant, Plaintiff has breached the implied warranty of habitability as to the
Defendant.
21.Said breach was continuous from the inception of the lease until the Defendant
moved on January 31, 2005.
22. The failure to repair and the deteriorated condition of the rental unit reduced
the usable living space for the Defendant to twenty-nine percent (29%), and
reduced the dollar value of said space to One Hundred Dollars ($100) per month.
23. As a result, Defendant overpaid rent over the life of the lease in the total
amount of One Thousand Fifty Dollars ($1050).
WHEREFORE, Defendant demands judgment against the Plaintiff in the amount
of One Thousand Fifty Dollars ($1,050), said amount being within the amount for
referral to compulsory arbitration.
UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
24. Paragraphs 1-23 are incorporated herein by reference hereto.
25. As a result of Plaintiff's failure to repair the leased premises before
Defendant moved in, during the entire lease agreement with the Defendant, and
despite timely and repeated notice by the Defendant, Plaintiff violated
Pennsylvania's Unfair Trade Practices and Consumer Protection Law.
26. By leasing the premises to the Defendant, Plaintiff created confusion and
misunderstanding in the Defendant that the premises were fit for the purpose
when they were not. 73 P.S. 201-2(4)(ii)(iii)(v)(xxi);
WHEREFORE, Defendant demands judgment in the amount of three times the
actual damages set forth in Paragraph 23 above as provided for in 73 P.S.201-9.2,
or in the total amount of Three Thousand One Hundred and Fifty Dollars ($3,150)
plus attorney fees, said amount being within the limit for compulsory arbitration.
Respectfully submitted:
Date: 3?C7?1 MIDPENN LEGAL SERVICES
?
By:-?24
Geoffrey M. Biringer
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
VERIFICATION
The Defendant, Dave Kunkle, verifies that the statements made in the above
Answer, New Matter, and Counterclaims are true and correct. The Defendant
understands that false statements herein are made subject to the penalties of 18 PA. C.S.
§4904, relating to unsworn falsification to authorities.
Date:
Dave Kunk e, endant
Affidavit of Service
I, Geoffrey M. Biringer, hereby state that I served the enclosed Answer,
New Matter, and Counterclaims, by depositing same in the first class, U.S. Mail,
postage prepaid, and addressed as follows on March r0 2005:
Stephen D. Cramer
264 Hostetter Avenue
Shippensburg, PA
Geoffrey M. Biringer
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Sup. Ct. ID# 18040
,? ,
';
?: ,,
STEPHEN D. CRAMER
Plaintiff
VS.
DAVE KUNKLE
Defendant
IN THE COURT OF COMMOMN
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
CIVIL ACTION- LAW
No. 05-578 CIVIL
ANSWER, NEW MATTER, AND COUNTERCLAIM
To: Dave Kunkle
You are hereby notified to file a written response to the enclosed
Matter, and Counterclaims within twenty (20) days from service hereof or
may be entered against you...
By: St6phen D. Cramer
264 Hostetter Avenue
Shippensburg, PA 17257
(717) 530-0993
New
STEPHEN D. CRAMER
Plaintiff
VS.
DAVE KUNKLE
Defendant
IN THE COURT OF COMMOMN
OF THE 9T" JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
CIVIL ACTION- LAW
No. 05-578 CIVIL
Reply To New Matter and Counterclaim
10. Denied. No promises were made to defendant as stat
Defendant was advised that if he wanted to painti, plai
would either purchase the supplies for the defendant o
reimburse the defendant for supplies upon presentation
receipts for same. The stove and refrigerator were ope
and were in good working condition.
!d.
,tiff
of
e
11. Denied. Defendant did not make any such comments t the
plaintiff despite plaintiff being personally present o
premises from time to time to attempt to collect rent.
12. Denied. Defendant did not at any time advice plain iff
of mice infestation. As no other tenants in the same
building complained of a mouse problem, any alleged
infestation of defendant's unit was the direct result f
defendant's housekeeping. Defendant's only communicate
complaint was with the stove.
13. Admitted in part
replaced but since no
the plaintiff nothing
14. Denied as stated
to September 2004.
and denied in part. The stove was
other problems were communicated
else was addressed.
Defendant was in rent arrears pr.
15. Denied. Defendant did not at any time advice, plain
of a problem with mice. Plaintiff believes that any al
problems with mice were a direct result of a lack of
cleanliness and housekeeping skills of defendant.
to
_or
:iff
_eged
16. Denied. After reasonable investigation, plaintiff
without knowledge sufficient to respond to defendant's
allegations in paragraph 16 and, as such same are deniled
and proof is requested, if relevant, is demanded at trial.
17.Denied. After reasonable investigation, plaintiff i
without knowledge sufficient to respond to defendant's
allegations in paragraph 16 and, as such same are deni d
and proof is requested, if relevant, is demanded at trial.
18. Admitted. By way of further response, defendant
obligated to pay a monthly rental of $350.00.
19. Paragraph 10 through 18 of plaintiff's reply is
incorporated herein by reference thereto.
20. Denied. Defendant's paragraph 20 is a conclusion
and as such no response is required.
law
21. Denied. Defendant's paragraph 21 is a conclusion o? law
and as such no response is required.
22. Denied. Defendant's paragraph 22 is a conclusion o? law
and as such no response is required.
23. Denied. Defendant was obligated to pay the agreed
monthly rent of $350.00.
24. Paragraph 10 through 23 is incorporated herein by
reference thereto.
25. Denied. Defendant's paragraph 25 is a conclusion o? law
and as such no response is required.
26. Denied. Defendant toured the entire apartment prio to
agreeing to pay a monthly rental fee of $350.00.'
WHEREFORE, Plaintiff prays your Honorable Court to den all
demands made by Defendant in his Counterclaim and ente
judgment against the Defendant and in favor of Pllainti f.
Respectfully submitted
Stejfhen D. Cramer
Plaintiff
Affidavit of Service
I, Stephen D. Cramer, hereby state that I served the enclosed reply by
same in the first class, U.S. Mail, postage prepaid, and addressed as follows in March 20
2005:
Geoffrey M. Biringer
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
264 Hdstetter Avenue
Shippensburg, PA 17257
VERIFICATION
The plaintiff, Stephen D. Cramer, verifies that the statements made in
above
reply are true and correct. The plaintiff understands that false statements her?in are
made subject to the penalties of 18 PA, C.S. 54904, relating to unsworn
to authorities.
Date: -1.30.0 -
? _J
:4
?? ?
?' 1
`{
C7 t
"( (it
? r?5
-? t.J
Curtis R. Long
Prothonotary
office of the Vrotbonotarp
?tCutnberianb ?Coutttp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
6S'- s7g CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 7dn_4c'72