Loading...
HomeMy WebLinkAbout14-6031COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CA -M b er a/4 D e at-" _ NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /1%-6,03/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. 1 NAME O APPELLANT `�� rc. L k oni etsco ADDRESS OF APPELLANT ( / ec ot.e. o !?oa-d DATE OF JUDGMENT Nl teli.4c15bLt4 DOCKET No. IN T CASE OF (Plaintiff) ee.rfeR igkopQ-R1 tcs MAG. DIST. NO. I NAMEOF MDJ MDS'-oqr-3`o 4oN eo y N o NI./ StLc005'6 CITY STATE ZIP CODE M /"7 t c,Lae,C. (; • Ido NSI ei:Sc-Of at.. l '7050 ' k (Lefendant)' 1 )U -0930L -LT— 0000tae,-.A0/L( VS SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy I ppe ant was Claimant a ee Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. -0= ..c._..i. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE tea. 4' =rrt c', r_.. (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in acfriPeforagis6 District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. —0> CD r z -4(D PRAECIPE: To Prothonotary r A� = p Enter rule upon utttr�►��Tl1MG� . _ c. %., appellee(s), to file aJ plair{ti`n this_alteal —d ^' 3 I V ^S 01. ci-+ - r (Common Pleas No. 111 — L. 3/ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. cee_,eL 4 .��a Signature of appellant or attorney or agent Name of appellee(s) <_e_g< A RULE: To / D , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. DateC44-/O20 y Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . Notice of Judgment/Transcript Residential Lease Mag. Dist. No: MDJ-09-3-04 • MDJ Name: r;. Address: • Honorable Kathryn.H. Silcox 5275 East Trindle Road Suite'41'0: Mechanicsburg, PA 17050 telephone:: 7.17-697-2201. Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA17050 Disposition .Petal Grant possession. Grant possession if money judgment is not satisfiedby the time of eviction:.. s Keener Properties LLC v. Michael A. Konetsco Docket No: MJ -09304 -LT -0000122-2014 Case, Filed:: 9/17/2014 Yes No., Disposition Summary (cc- Cross.Complaint) Pocket NNo • :Plaintiff MJ -09304 -LT -0000122-2014 Keener Properties LLC Defendant Michael A: Konetsco Disposition sposition Date' Judgment. for Plaintiff 09/30/2014 Judgment Summa • Participant Keener Properties LLC Michael A:. Kohetsco 'Joint/Several Liability ' Individual.Liability $0.00. $0:00, $0.00 $3;559.80 udgrnelnt Finding {*PostJudgm • :In •the matter of Keener Properties LLC :vs.: Michael A. Konetsco on MfJ-09304-LT-.0000122-201.4; on 9/30/2014 the judgment .was awatded as follows. - : ' . The -amount of rent per. month;' as established by the Magisterial District Judge, is $6,00 Judgment:Component Joint/Several Liability, Individual Liability: Filing Fees: Amount $0.00 .• . . $3,'559.80 Costs Serverfees Rent'in Arrears $0.00 .. , . .. $127.50' $0,00 $5.00 $0:00 ::$32.3u $0,00 • • . • . • $3;395.00 Deposit Applied Amofint. $127.50 - $5.04 .$32:30, $3, 395.00 Grand Total:..: Portion of judgment for physical damages arising out of residential MDJS 315A_ Page 1: of 3 .:.Printed: 09/30/2014 10:53:16AM Keener Properties LLC V. Michael A. Konetsco. Docket No.: MJ -09304 -LT -0000122-2014. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY.PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION .,WITHIN TEN DAYSAFTERTHE DATE OF ENTRY OF JUDGMENT. BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF. COURT`OF THE COURT'OF COMMON PLEAS,.CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE • .' ACTIONS INVOLVING A'VICTIM OF DOMESTIC.VIOLENCE..THIS APPEAL -WILL INCLUDE AN APPEAL OF THE MONEY. JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERKOF 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 OTHERWISEPROVIDEDIN 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 COMRLIES WITH THE:11/00MENT: Y . '' c' — • ' ; ..? . r. ._ .A _T Date The Honorable Silcox I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisteri4tDistrict Judge • MDJS 315A Page 2 of 3 Printed: 09/30/2014 10:53:16AM . Keener Properties LLC v. Michael A. Konetsco Plaintiff(s) Keener Properties LLC 105 Texaco Rd. Mechanicsburg, PA 17050 Defendant(s) Michael A. Konetsco 7/7 - 101Texaco- Road Mechanicsburg, PA 17050 Complainant's Attorney(s) Andrew. Charles Sheely, Esq. 127 S Market St PO Box 95 Mechanicsburg, PA 17055-6328 Participant List Docket No.: MJ -09304 -LT -0000122-2014 MDJS315A Page3of3 Printed: 09/30/2014 10:53:16AM v Li WINNER: Lori ghnert - Duck suNpAY AY sMrMwarch 2014 r F S 9 10 41 12 13 14 15 16 17 5 6 7 8 18 19 20 21 22 30 31 23 24 25 26 27 28 29 Members 1st Giant in -score branches es are closed. ....... Easter .. 27 S M T MaY 202411 wrFs 11 12 13 7 8 9 10 14 15 16 17 18 25 16 20 21 22 23 24 28 29 30 31 ..: April Foot's Day Members 1st Annual Meering Administrative Headquarters Union Dani Tunnel Park North, Lebanon County �vEDNESOA Y • SlAY 2 6 2• Good Friday ... , Earth pay '°2 HERS I" °FEDERAL CREDIT EINION fre :................. . put our members, frst. 0 m 0 000 • M 0 0 x m • m -< O • 0 O m 3) co -n 0 00 mm 00 3J II 37 m z - -r 0 0 r— SH 0 CHECK FROM 14°. 126599 ReceiptDate q//, No 35560 1R;24/7 FROM nniize,.. 4.111.-745-$ 72,,,d A41.41cira;1,--1-pue-019 g'it e.„ DOLLARS (LE. -RENT 0 FOR FROM TO '$0209,67.0 ACCT. PAID DUE , cash 0; check money I order 3 -6,- -09 62 6-, i- 1-2- - LILo 1oo ie( 3J4 7- 344 4t -e, ep. °9 /(-)y g6o. - 00 u,p,, iot‘s -41147-7.- / (:)1).(Z 126.3--"qt7 In The Court Of Common Pleas Cumberland County Pennsylvania 0-4Vh L --C-rimtnal Division Plaintiff Michael A. Konetsco vs. pinbcfiand Cuuriy Docket No' - - - -0172- M - cgla -t_`t -ooaolaa acnq Motion For Forma Pauperis -4 1) I Michael A. Konetsco am filing with the Court of Cumberland that I am letting Court know that I am Indigent an Unable to pay my fines and Court Costs. 2) Due to the facts of being on S.S.I. Permanently Disabled , and do not have the money for any and all past fines that have accumulated in the past. Up to the Appeal I'm filing today. Michael A. Konetsco Plaintiff State of Pennsylvania County of Cumberland Before me personally appeared Jessica Morgan Crawford who being dui sworn and identified in accordance with law, did execute the forgoing in my Presence this i4 day of 6s -o .pr 2014 State of ennsvlvania State of ennsylvania Notary Public My Commission Expires COMMONWEALTH OF P NSYLVANIA Notarial Seal Jennifer Robertson, Notary Public Hampden Twp., Cumberland County My CommissiOn Ex Irep $ Mey 14, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES In The Court of Common Pleas Cumberland County, Pennsylvania Plaintiff Michael A. Konetsco vs. AID eel LEN '212 i Criminal Division Certificate of SERVICE Docket No : Cris-sa=wmi 0.11 "oS_ z� q 3 0�{ - o000 l as -.20`4 I hereby certify that I am this day serving the following document, in the above captioned case, upon the person's and in the manner indicated below. Which service satisfies the requirements of Pa.R.A.P.121. Under Penalty of Perjury, I Certify That a copy of the foregoing by Regular U.S. Mail to. State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified in accordance with law, did execute the forgoing in my Presence this 0( 4-4' day of bek 9;6114 Micha- A. Konetsco Plaintiff 101 Texaco Road Mechanicsburg Pa. 17050 717-55531462.5 6,20.— Feogy 0_,o,“\ \1-3k esourv\ne.Act-re- State oennsylvania Notary Public My Commission Expires COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer Robertson, Notary Public Hampden Twp., Cumberland Couhty My Commission expires May 14 2016 MEMBER, P[NNgY6VAN1A ASSOCIATION 0 NOTAN1Eta SUPPLEMENTAL INSTRUCTIONS FOR OBTAINING A STAY OF EVICTION ****IMPORTANT****PLEASE READ THESE INSTRUCTIONS CAREFULLY! This document contains important information about your case. Failure to comply with any instructions provided in these materials may cause you to be evicted before your appeal or writ is heard. 1. FOR TENANTS — SUPERSEDEAS: If you are a tenant and you filed the notice of appeal or praecipe for writ of certiorari, you must pay money into an escrow account to remain in the property until your appeal or writ is decided. This is called a "supersedeas." The supersedeas will suspend the magisterial district court judgment and will prevent your eviction until your case is heard by a judge and a final decision is made on the appeal or writ. IF YOU FAIL TO PAY YOUR MONTHLY RENT INTO ESCROW IN FULL AND ON TIME, YOU COULD BE EVICTED BEFORE YOUR APPEAL OR WRIT IS HEARD. Begin by looking at the income limits attached to these instructions. If your income is below the income limits, complete a Tenant's Affidavit, pursuant to Pa.R.C.P.M.D.J. No. 1008(C)(2) or 1013(C)(2). These affidavits are available on the website of the Administrative Office of Pennsylvania Courts (www.aopc.org). Then follow the instructions for low-income tenants below, There are several different options available; pick the option (A, B, or C) that best describes your situation. If your income is hiaher than the income limits attached to these instructions, follow the instructions for D. 17 A. If you are a low-income tenant and there was a money judgment entered against you for non-payment of ren, and you HAVE NOT paid rent for the month in which the notice of appeal or praecipe for writ of certiorari is filed, you must: 1, File an in forma pauperis petition (a petition for low-income parties) pursuant to Pa.R.C.P. No. 240; 2. Pay one-third of your monthly rent into an escrow account with the prothonotary's office at the time the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed; 3. Pay the remaining two-thirds (2/3) of your monthly rent into the escrow account within twenty (20) days of the date the notice of appeal or praecipe was filed; and 4. Pay your monthly rent on an ongoing basis into the escrow account in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of your trial. B. If you are a low-income tenant, and there was a money judgment against you for non-payrnent of rent, and you HAVE paid rent for the month in which the notice of appeal or praecipe for writ of certiorari ("praecipe") is filed, you do not have to pay rent at the time you file your notice of appeal or praecipe. You must: 1. File an in forma pauperis petition (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial, It is important to count the thirty (30) days exactly 18 /Ai coa/ because the date of your payment will change depending on the number of days in a given month. f you are a low-income tenant, and no money judgment was entered against you for non-payment of rent, you do not have to pay rent at the time you file your notice of appeal or praecipe for writ of certiorari ("praecipe"). This option is to be used if at the magisterial district court hearing, the judge determined that you owed "zero" or "nothing" in rent. You must: 1. File an in forma pauperis petition (a petition for low-income parties), pursuant to Pa.R.C.P. No. 240; 2. Pay your monthly rent on an ongoing basis into an escrow account with the prothonotary in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of your trial. It is important to count the thirty (30) days exactly because the date of your payment will change depending on the number of days in a given month. D. If your income is higher than the income limits on the attached chart, you must: 1. Pay the fee to file a notice of appeal or praecipe for writ of certiorari ("praecipe"); 2. Pay the lesser of three (3) monthsrent or the amount of rent awarded to the landlord in magisterial district court into an escrow account with the prothonotary's office at the time the notice of appeal or praecipe is filed; and 3. Pay your monthly rent into the escrow account in thirty (30) day intervals from the date the notice of appeal or praecipe was filed until the time of trial, It is important to count the thirty (30) days exactly because the date on your payment will change depending on the number of days in a given month, 19 INCOME LIMITS 2008 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit 1 Poverty Guideline Monthly Amount $866.66 2 3 4 5 6 7 8 1,166.66 1,466.66 1,766.66 2,066.66 2,366.66 2,666.66 2,966.66 For each additional person, add 300.00 20 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM . MAGISTERIAL DISTRICT JUDGE 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 Magisterial District Judge on the date and in the case referenced below. NAME QF APPELLANT kLczL ("A . koisco MAG. DIST. NO. iv) [Yr -0°1-3-09 NAME OF MDJ (--)0/t/ SiLe4sv I )osio STATE 1 ZIP CODE g CAN Ct•-ek 1) • k NI C4.3 Pet, .705-0 ( (Defendant) 0..42-L. A - Ni Ors c_z) ADDRESS OF APPELLANT ( e -)c• at.c. 0 Rocx.ci CITY M DATE OF JUDGMENT PI/ e•e•••11.4 Ai a Ci5 644/3 DOCKET No, Te IN CASE OF (Plaintiff) ecni e R ai)pa-R.Ti 30L4 LT- Oo o 0 t IL( VS o GNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy I appe ant was Claimant ee Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 01•••0111. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE rn = (This section of form to be used ONLY when appellant was DEFENDANT (see PaR.C.P.D.J. No. 1001(7) in acforel4agiF District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. pi RULE: To Name of appellee(s) eS appellee(s), to file2371plain --1 IN) ...., (Tv ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. t2- , appellee(s) riitet_L ler),OL-c7 Signature of appellant or attorney or agent Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by'personal service orby certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date -o20 ly Citto,a /dal, Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 a 4 In The Court of Common Pleas Cumberland County, Pennsylvania Ct v L division Docket No Malt Michael A. Konetscol. 6`[ 304-L.T-0 WO 1 aa_Q01t( G -V-4vt VS. ORDER M AND NOW this ✓ day , 2014 Anivrti#ris hereby granted leave to proceed in Forma Pauperis . BY THE COURT Honorable Judge c a a) Z C-) Z� --+ cn —<D CIl D C cn— c c-, State of Pennsylvania C--) County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified in accordance with law, did exec to the forgoing in my Presence this day of �� State of Pknnsylvania O 1, Notary Public My Commission Expires COMMON LTH OF PENNSYLVANIA Notarial Seal Jennifer Robertson,Notary Public Hampden Twp.,Cumberland County My Commission Ex Tres May 14 2016 M€MOM 0sN1VgVt.vnNIA ASSOCIATION OR NOTARIES Andrew C. Sheely, Esquire - Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KEENER PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF a Pennsylvania Limited : CUMBERLAND COUNTY, PENNSYLVANIA Liability Company, Plaintiff Cl 3 - 1' c ./-- Vs. /--vs. 14 - 6031 7r*r Crr, 73 701:3 1- PO c.) + CD MICHAEL A. KONETSCO, : CIVIL ACTION — LAW Nc. CO' 11 Defendant �© NOTICE -c YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3161 O oink A +D • W C. SHEELY s• - Attorney for P Pa. I.D. No. 6 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 By: Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KEENER PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF a Pennsylvania Limited : CUMBERLAND COUNTY, PENNSYLVANIA Liability Company, Plaintiff vs. : 14 - 6031 MICHAEL A. KONETSCO, : CIVIL ACTION — LAW Defendant COMPLAINT Plaintiff, Keener Properties, LLC, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff, Keener Properties, LLC, (hereinafter referred to as "Plaintiff") is a Pennsylvania Limited Liability Company owning real estate located at 101 Texaco Road, Mechanicsburg, Township of Silver Spring, Cumberland County, Pennsylvania, 17050. 2. Defendant Michael A. Konestco, (hereinafter referred to as "Defendant") is an adult individual with a last known address of 101 Texaco Road, Mechanicsburg, Township of Silver Spring, Cumberland County, Pennsylvania, 17050. 3. Plaintiff is the owner of an improved single family brick residential dwelling house and improved area located at 101 Texaco Road, Mechanicsburg, Township of Silver Spring, Cumberland County, Pennsylvania, 17050 (hereinafter referred to as "leased premises"). 4. Plaintiff entered in to a written lease agreement for the leased premises dated June 1, 2011 with Defendant and Shaun A. Konetsco, a copy of which is attached hereto as Exhibit "A". 5. Subsequently, Plaintiff and Defendant entered into another written lease agreement dated June 21, 2013 for the lease of the leased premises. A copy of the lease dated June 21, 2013 is attached hereto as Exhibit "B". 6. The June 21, 2013 Lease Agreement requires that Defendant pay monthly rent to Plaintiff in the amount of nine hundred twenty-five dollars ($925.00), an amount payable and due ,on the first day of each month. 7. Since January 1, 2014, Defendant failed to pay the required monthly rent to Plaintiff in accordance with the June 21, 2013 lease on a regular and consistent basis. 8. Payments from Defendant and/or his agent were made by cash payments and receipts were given to Defendant and/or his agent on account of any cash payment towards monthly rent. 9. Defendant failed to pay the required monthly payments of rent in the amount of $925.00 for the months of January, February, March, April, May, June, July and September 2014 in accordance with the June 21, 2013 lease agreement. 10. As of September 1, 2014, Defendant owed Plaintiff an 2 amount of three thousand three hundred ninety five dollars ($3,395.00) for rent from January 1, 2014 through September 30, 2014. 11. On August 27, 2014, Defendant was served with a Notice to Quit and Notice to Terminate the Lease Agreement, copies of which are attached hereto as Exhibit "C". 12. Defendant failed to pay monthly rent for October 2014 in the amount of Nine Hundred Twenty-five Dollars ($925.00) in accordance with the terms of the lease agreement dated June 21, 2013. 13. Defendant owes Plaintiff for unpaid rent in the amount of $4,320.00 as of the date of this Complaint. COUNT 1 - BREACH OF LEASE AGREEMENT 14. Paragraphs 1 - 13 are incorporated herein as if set forth at length. 15. Defendant breached the June 21, 2013 lease agreement by failing to pay rent on time. 16. Plaintiff has repeatedly requested that Defendant comply with the June 21, 2013 lease provisions, including payment of reasonable lot rent in the amount. of $925.00 per month. 17. Defendant, after repeated demands from Plaintiff, has refused to pay Plaintiff the amounts agreed in accordance with the June 21, 2013 written lease agreement. 3 18. The amounts sought herein require compulsory arbitration. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for possession in favor of Plaintiff and against Defendant, enter a monetary judgment against Defendant in the amount of four thousand three hundred twenty dollars ($4,320.00), together with additional accruing rent amounts required by the written lease agreement through the date of final hearing together with costs (less any amounts released to Plaintiff during the course of this litigation), and evict/remove Defendant from the leased premises, an amount requiring compulsory arbitration. COUNT 2 - EJECTMENT 19. Paragraphs 1 - 18 are incorporated herein as if set forth at length. 20. Plaintiff is entitled to immediate possession of the leased premises in which Defendant resides Plaintiff has provided notice to terminate the lease to Defendant. 21. Plaintiff is entitled to exclusive possession of the leased premises where Defendant fails to pay rent. 22. Defendant has no lawful right to remain in the leased property or store his personal contents therein without paying lawful rent and complying with all lease provisions. WHEREFORE, Plaintiff respectfully requests that this 4 Honorable Court enter judgment for ejectment and possession in favor of Plaintiff and against Defendant, together with an order directing Defendant to immediately remove Defendant and his property from the leased premises, together with costs of this action. COUNT 3 - CIVIL TRESPASS 23. Paragraphs 1 — 22 are incorporated herein as if set forth at length. 24. Defendant's refusal to pay rent and refusal to vacate the leased premises following sufficient Notice to Quit and Notice to Terminate the Lease are without lawful right. 25. As a result of Defendant's exclusive possession of the leased premises, including the storage of his personal contents and property thereon, Plaintiff has been deprived of reasonable lot rents while providing lawn services and snow removals for the benefit of Defendant. 26. Defendant has failed to pay for certain municipal services, including sewer and trash, in accordance with lease provisions. 27. Defendant's refusal to vacate the leased premises, his refusal to pay reasonable lot rents and his imposition of unreimbursed costs upon Plaintiff constitutes a civil trespass damaging Plaintiff in an amount exceeding four thousand four hundred dollars ($4,400.00). 5 28. Defendant has no lawful right to occupy the leased premises and permit violations of the lease agreement. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for possession in favor of Plaintiff, enter a monetary judgment against Defendant in the amount of four thousand four hundred dollars ($4,400.00), together with accruing rent amounts required by the written lease agreement through the date of final hearing together with costs (less any amounts released to Plaintiff during the course of this litigation), an amount requiring compulsory arbitration. COUNT 4. UNJUST ENRICHMENT 29. Paragraphs 1 - 28 are incorporated herein as if set forth at length. 30. Defendant has been unjustly enriched as a result of his refusal to vacate the leased premises and through increasing wear, tear, damage, sewer and other fees to Plaintiff. 31. Defendant's continual and repeated refusal to leave the leased premises constitutes a continual and repeated loss to Plaintiff constituting an unjust enrichment to Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for possession in favor of Plaintiff, enter a monetary judgment against Defendant in an amount in excess of four thousand four hundred dollars ($4,400.00), together with accruing rent amounts required by the 6 written lease agreement through the date of final hearing together with costs (less any amounts released to Plaintiff during the course of this litigation), an amount requiring compulsory arbitration. Date: October 28, 2014 Respectfully submitted, 11111110 Andrew C. Sheely, Es•uir- Attorney for Plai MOROI 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 7 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: October 2 E; 2014 t ulAriG Paul Keener Jr., Owner Keener Properties, LLC Exhibit "A" RESIDENTIAL LEASE / RENTAL AGREEMENT 101 Texaco Road Mechanicsburg, PA 17050 This lease agreement is made between KEENER PROPERTIES, LLC and Michael A. Konetsco & Shaun A. Konetsco Tenants. Keener Properties LLC hereby leases the property at 101 Texaco Road, Mechanicsburg, PA 17050, a 3 bedroom ranch house upon the following TERMS and CONDITIONS. 1. Rental Term: The term of this lease shall be ONE (1) year commencing on 5/ 27/2911 through 5/27/2012 if the landlord or tenant intends to terminate this agreement, at the end of the lease term, they shall do so by providing a written notice sixty (60) days before the end of the lease. 2. Rent: Monthly rent shall be $ 900.00 payable on the first day of each month and every month through the term. Any rent that is not received by the fifth (5a') day of any month will incur a FIVE (5) percent penalty in the amount of $ 45.0 (Tenant further agrees to pay $35.00 for each dishonored bank check. 3. Security Deposit: A security deposit in the amount of $9 00.00 will be provided by the tenant to Keener Properties, LLC at the time of execution of this agreement, The security deposit can not be used as the last month's rent. The security deposit will cover any damages or costs that the tenant is responsible for after vacating the premises. Any balance from the security deposit will be forwarded to the tenant within 30 days along with a statement showing any charges. 4. Use of Property: The premises shall be used for residential purposes only by the undersigned tenants and for no other purpose. Occupancy by guests, even if members of the family, staying over fifteen (15) days will be considered in violation of this provision. Nothing shall be done on said premises contrary to the conditions of policies of insurance upon the building whereby the hazard may be increased or the insurance invalidated. No unlawful business shall at any time be carried on upon said premises. Tenant shall not assign or sublease the premises or any part thereof without prior written consent of the landlord, which consent shall not reasonably be withheld. 5. Conduct of Tenant: Tenant agrees not to do or to permit any act which shall cause damage to the leased premises. Tenant shall keep leased premises in a good state of repair. The premise are to be kept in a clean and sanitary condition and all trash or other garbage is to be removed promptly and in case of failure to remove the same, the landlord may have the same removed and collect as rent due and in arrears double such cost of removal. Tenant shall not use any heat source (no kerosene, oil, or open Name heaters) other than the heat provided in the house without prior written approval of the landlord. Tenant shall comply with all statutes, ordinances and requirements of all municipal, county, state, and federal authorities now in force, or which may here after be in force, pertaining to the use of the premises. 6. Utilities: Tenant shall be responsible for the payment of electricity, water, sewer, heating oil for heat and hot water, phone, garbage and cable. Tenant is also responsible for maintenance of the flower beds. Lawn care will be provided by the landlord. All grass areas are to be kept clean and free of any lawn items or animal waste. Snow removal will also be provided by the landlord during regular working hours. (Monday — Friday) 7. Repairs: Landlord will be responsible for the repair to all mechanical and structural elements and common areas of the premises except for those repairs which shall be caused by the intentional or negligent act of tenants or their guest and invitees, which repairs shall be tenants' responsibility. Tenant shall not paint, paper or otherwise similarly redecorate or make alterations to the premises without the prior consent of the landlord. 8. Inspection: Landlord reserves the right to enter upon the premises at reasonable times and in a responsible manner to inspect the premises and to determine if repairs are needed, upon giving reasonable advanced notice of such intended entry. Tenant agrees to permit landlord to show the premises to other prospective tenants. 9. Tenant Insurance: Tenant is required to carry renter insurance for their own personal property and liability. Liability limits are required of no less than $500,000.00. The policy MUST name Keener Properties, LLC as additional insured and a waiver of subrogation clause added in favor of the landlord. Tenant must provide a copy of certificate of insurance prior to occupying the premises and !or at time of renewal of the lease. 10. Indemnification: Landlord shall not be liable for any damages or injury to tenant, or any other persons, or to property, occurring on the premises or any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of landlord. Tenant agrees to hold landlord harmless from any claims for damages no matter how caused, except for injury or damages for which landlord if directly responsible 11. Default: If Tenant fails to pay rent when due, or perform any term hereof, after not less than five (5) days written notice delivered to Tenant or posted at the premise, the Landlord, at his option, may terminate all rights of Tenant hereunder. If Tenant abandons or vacates the property, while in default of the payment of rent, Landlord may consider any property left on the premises to be abandoned and may dispose of the same. In the event the Landlord reasonably believes that such abandoned property has no value, it may be discarded. In the event of a default by Tenant, Landlord may elect to: a) continue the lease in effect and enforce all their rights and remedies hereunder, including the right to recover the rent as it becomes due, or b) at any time, as provided above, terminate all of Tenant's rights hereunder and recover from Tenant all damages that may incur by reason of the breach of the lease, including the cost of recovering the premises, an including any damages, attorney fees, and unpaid rent. 12. Pets: Tenants are allowed to have ONE (1) pet. The Tenant is responsible for caring for and keeping all areas clean of animal waste. Grassy areas must be cleaned of waste on a regular basis to allow the mowing of the grass. 13. Cleaning: Upon expiration or termination of the lease all areas are to be cleaned and free of debris at the Tenant's expense. All floors are to be professionally cleaned if needed, and to be determined by the Landlord. All appliances are to be cleaned and free of any food items. 14. Miscellaneous: The Tenants shall be jointly and severally responsible for any rent reserved. In the event any individual tenant shall for any reason vacate the leased premises prior to the end of the lease, the remaining tenant shall remain fully liable for the total rent due. DATED: 6/ 4 Donna J. Rohrbaugh Witness Name Printed Ai) k ACL )6-Y) Tenant Name Printed Tenant Signature SAA v0-1 , J ,.6)74-) Tenant Name Printed Tenant Signature Exhibit "B" RESIDENTIAL LEASE / RENTAL AGREEMENT 101 Texaco Road Mechanicsburg, PA 17050 This lease agreement is made between KEENER PROPERTIES, LLC and Michael A. Konetcso , Tenants. Keener Properties LLC hereby leases the property at 101 Texaco Road, Mechanicsburg, PA 17050, a 3 bedroom ranch house upon the following TERMS and CONDITIONS. 1. Rental Term: The term of this lease shall be ONE (1) year commencing on 5/29/2013 through _5/28/2014 if the landlord or tenant intends to terminate this agreement, at the end of the lease term, they shall do so by providing a written notice sixty (60) days before the end of the lease. 2. Rent: Monthly rent shall be $ 925.00 payable on the first day of each month and every month through the term. Any rent that is not received by the fifth (5th) day of any month will incur a FIVE (5) percent penalty in the amount of $ .Tenant further agrees to pay $35.00 for each dishonored bank check. 3. Security Deposit: A security deposit in the amount of $ will be provided by the tenant to Keener Properties, LLC at the time of execution of this agreement. The security deposit can not be used as the last month's rent. The security deposit will cover any damages or costs that the tenant is responsible for after vacating the premises. Any balance from the security deposit will be forwarded to the tenant within 30 days along with a statement showing any charges. 4. Use of Property: The premises shall be used for residential purposes only by the undersigned tenants and for no other purpose. Occupancy by guests, even if members of the family, staying over fifteen (15) days will be considered in violation of this provision. Nothing shall be done on said premises contrary to the conditions of policies of insurance upon the building whereby the hazard may be increased or the insurance invalidated. No unlawful business shall at any time be carried on upon said premises. Tenant shall not assign or sublease the premises or any part thereof without prior written consent of the landlord, which consent shall not reasonably be withheld. 5. Conduct of Tenant: Tenant agrees not to do or to permit any act which shall cause damage to the leased premises. Tenant shall keep leased premises in a good state of repair. The premise are to be kept in a clean and sanitary condition and all trash or other garbage is to be removed promptly and in case of failure to remove the same, the landlord may have the same removed and collect as rent due and in arrears double such cost of removal. Tenant shall not use any heat source (no kerosene, oil, or open flame heaters) other than the heat provided in the house without prior written approval of the landlord. Tenant shall comply with all statutes, ordinances and requirements of all municipal, county, state, and federal authorities now in force, or which may here after be in force, pertaining to the use of the premises. 6. Utilities: Tenant shall be responsible for the payment of electricity, water, sewer, heating oil for heat and hot water, phone, garbage and cable. Tenant is also responsible for maintenance of the flower beds. Lawn care will be provided by the landlord. All grass areas are to be kept clean and free of any lawn items or animal waste. Snow removal will also be provided by the landlord during regular working hours. (Monday — Friday) 7. Repairs: Landlord will be responsible for the repair to all mechanical and structural elements and common areas of the premises except for those repairs which shall be caused by the intentional or negligent act of tenants or their guest and invitees, which repairs shall be tenants' responsibility. Tenant shall not paint, paper or otherwise similarly redecorate or make alterations to the premises without the prior consent of the landlord. 8. Inspection: Landlord reserves the right to enter upon the premises at reasonable times and in a responsible manner to inspect the premises and to determine if repairs are needed, upon giving reasonable advanced notice of such intended entry. Tenant agrees to permit landlord to show the premises to other prospective tenants. 9. Tenant Insurance: Tenant is required to carry renter insurance for their own personal property and liability. Liability limits are required of no less than $500,000.00. The policy MUST name Keener Properties, LLC as additional insured and a waiver of subrogation clause added in favor of the landlord. Tenant must provide a copy of certificate of insurance prior to occupying the premises and /or at time of renewal of the lease. 10. Indemnification: Landlord shall not be liable for any damages or injury to tenant, or any other persons, or to property, occurring on the premises or any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of landlord. Tenant agrees to hold landlord harmless from any claims for damages no matter how caused, except for injury or damages for which landlord if directly responsible 11. Default: If Tenant fails to pay rent when due, or perform any term hereof, after not less than five (5) days written notice delivered to Tenant or posted at the premise, the Landlord, at his option, may terminate all rights of Tenant hereunder. If Tenant abandons or vacates the property, while in default of the payment of rent, Landlord may consider any property left on the premises to be abandoned and may dispose of the same. In the event the Landlord reasonably believes that such abandoned property has no value, it may be discarded. In the event of a default by Tenant, Landlord may elect to: a) continue the lease in effect and enforce all their rights and remedies hereunder, including the right to recover the rent as it becomes due, or b) at any time, as provided above, terminate all of Tenant's rights hereunder and recover from Tenant all damages that may incur by reason of the breach of the lease, including the cost of recovering the premises, an including any damages, attorney fees, and unpaid rent. 12. Pets: Tenants are allowed to have ONE (1) pet. The Tenant is responsible for caring for and keeping all areas clean of animal waste. Grassy areas must be cleaned of waste on a regular basis to allow the mowing of the grass. 13. Cleaning: Upon expiration or termination of the lease all areas are to be cleaned and free of debris at the Tenant's expense. All floors are to be professionally cleaned if needed, and to be determined by the Landlord. All appliances are to be cleaned and free of any food items. 14. Miscellaneous: The Tenants shall be jointly and severally responsible for any rent reserved. In the event any individual tenant shall for any reason vacate the leased premises prior to the end of the lease, the remaining tenant shall remain fully liable for the total rent due. DATED: �j hal/a Donna J. Rohrbaugh /06rVI v a !-- Witness Name Printed Witnes ignature bidel - SecD Tenant Name Printed - 21 Tenant Signature Tenant Name Printed Tenant Signature Exhibit "C" William D. Hesse PENNSYLVANIA STATE CONSTABLE 717-226-6261 CERTIFICATION OF SERVICE • I, William D Hesse, a Pennsylvania State Constable certify the on August 27, 2014 at 8:20 AM did personally deliver and hand to Michael Konetsco of 101 Texaco Rd., Mechanicsburg, PA 17055 the originals of "Notice to Quit" and the "Notice to Terminate Lease" from Paul A Keener Jr., dated August 26, 2014. Wil lam D. Hesse #B0002577 PA State Certified Constable 411 West Main Street 1St Fl Mechanicsburg, PA 17055-3242 717-790-9626 717-226-6261 Cell August 26, 2014 Michael Konetsco 101 Texaco Rd. Mechanicsburg, PA 17050 Dear Michael, 105 TEXACO ROAD • MECHANICSBURG, PA 17050 PHONE (717) 697-0420 • FAX: (717) 697-4986 RE: NOTICE TO QUIT 101 TEXACO RD. MECHANICSBURG, PA 17050 1, Paul A. Keener Jr., owner of the property at 101 Texaco Rd. Mechanicsburg, PA. 17050 request full rent of $3495.00 in accordance with the terms of your lease. This notice is provided to you in accordance with 68 P.S. Section 250.501 (c), et seq. confirming that you have failed to pay rent to Keener Properties, LLC in the amount set forth above. You have failed to pay monthly rent of $925.00 on a regular basis since April of 2014 in accordance with your legal agreement. As a result of your failure to pay rent in accordance with the lease agreement, you are hereby directed to quit the premises referenced above within ten (10) days from your receipt of this letter. This means you must leave and vacate the premises within ten (10) days after receipt of this letter. If you do not leave the premises within this time period, further actions will be commenced to formally evict and/or eject you from the premises in which you currently occupy, by operation of law, including recovery of possession of the property, recovery of all or any part of the entire rent due, reasonable court charges and other damages. You may contact me directly if you have questions about the content of this letter, or if you have any attorney, please have such person contact me accordingly. Thank you for your immediate attention to this letter. Respectful Paul A. Keener QUALITY MASONRY SINCE 1962 • Michael Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Dear Michael: 105 TEXACO ROAD • MECHANICSBURG, PA 17050 PHONE (717) 697-0420 • FAX: (717) 697-4986 August 26, 2014 RE: Notice to Terminate Lease 101 Texaco Road Mechanicsburg, PA 17050 I, Paul A. Keener, Jr., am the owner of the real estate located at 101 Texaco Road, Mechanicsburg, PA. In accordance with the Residential Lease Agreement dated 5/29/13 please accept this letter as thirty (30) days written notice of my intention not to renew the lease. Please vacate the property by Sept. 25, 2014. This Notice to Terminate Lease Agreement is being served simultaneously with a Notice to Quit for reasons set forth therein. This Notice to Terminate Lease is being provided in addition to the Notice to Quit which contains separate remedies sought by Keener Properties, LLC for unpaid rent, checks issued and returned for insufficient funds and possession of the real estate. Thank you for your immediate attention to this letter. Respe t Enclosure au er Jr., QUALITY MASONRY SINCE 1962 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint 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: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Date: October 24), 2014 Andrew C. Sheely, 1,0 Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) androwc.sheely@verizon.net KEENER PROPERTIES, LLC, a Pennsylvania Limited Liability Company, Plaintiff/Petitioner vs. MICHAEL A. KONETSCO, Defendant/Respondent 1:1_,LiaUFICF C:THEPROTHONOTARY 20R NOV 14 s UMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 14 - 6031 : CIVIL ACTION - LAW PETITION TO TERMINATE SUPERSEDEAS AND RELEASE FUNDS Petitioner, KEENER PROPERTIES, LLC, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition and Praecipe to lift supersedeas in the above - captioned action, and in support thereof respectfully states as follows: 1. Plaintiff/Petitioner, KEENER PROPERTIES, LLC, a Pennsylvania Limited Liability Company, is the owner of a residential home and real property located at 101 Texaco Road, Township of Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant/Respondent, Michael A. Konetsco, is an adult individual leasing the residential home on Plaintiff/Petitioner's real property at 101 Texaco Road, Township of Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania. 3. On October 1, 2014, Plaintiff/Petitioner received Notice of a Judgment/Transcript Residential Lease granting Plaintiff/Petitioner possession of the real estate at 101 Texaco Road, Township of Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania and a monetary amount for unpaid rent in arrears against Defendant/Respondent of $3,395.00, together with additional filing fees. A copy of the Notice of Judgment/Transcript Residential Lease is attached hereto as Exhibit "A". 4. Defendant/Respondent filed an appeal to the judgment for possession and monetary amount pursuant to Pa. R.C.P.D.M. No. 1002 docketed in this docket on or about October 10, 2014. 5. Defendant/Respondent filed a Motion for Forma Pauperis to proceed without paying the filing fee on October 10, 2014. 6. The Honorable Albert H. Masland granted leave to Defendant/Respondent to proceed in Forma Pauperis on October 15, 2014. 7. Plaintiff/Petitioner and Defendant/Respondent were parties to a written lease agreement requiring that Defendant/Respondent pay monthly rent in the amount of nine hundred twenty-five dollars ($925.00) per month, together with certain municipal sewer and trash bills. 8. Defendant/Respondent has not filed a tenant's supersedeas affidavit as to his ability or inability to pay the rent in arrears on the original judgment or threes times the monthly rent in violation of Pa. R.C.P.D.M. No. 1008(B) and (C). 9. Defendant/Respondent continues to reside in the leased property but has not paid any October or November monthly lot rent in the amount of nine hundred twenty-five dollars per month to the Prothonotary during the course of the appeal to obtain a supersedeas to possession as required by Pa. R.C.P.D.M. No. 1008 (c)(3) and (7). 10. In addition, Defendant/Respondent has not paid for municipal services, namely sewer and trash bills, benefitting the property and Defendant/Respondent in accordance with the terms of the lease agreement. 11. Defendant/Respondent's failure to comply with the Rules of Civil Procedure applicable to appeals of a District Magistrate decision warrants dismissal and/or lifting the supersedeas to permit Petitioner to recover possession of the property subject to the lease. 12. As a result of Defendant/Respondents' failure to post the rent awarded by the District Magistrate and pay timely rent payments in accordance with the applicable Rules of Court governing appeals from District Magistrate decisions, Petitioner is entitled to a directive from the Prothonotary or the Court lifting the supersedeas. 13. Plaintiff/Petitioner is prepared to file a praecipe to lift the supersedeas, a copy of which is attached hereto as Exhibit "B". 14. The Honorable Albert H. Masland has been previously entered Orders of Court in the above -captioned matter 15. Defendant/Respondent'i8 not represented by counsel and has not consented to the relief sought in this petition. WHEREFORE, Plaintiff/Petitioner, Keener Properties, LLC, hereby requests that this Honorable Court enter an Order directing the Prothonotary to lift the supersedeas in the above -captioned matter and allowing Plaintiff/Petitioner to gain possession of the property, or in the alternative, direct the scheduling of a hearing before the Court to consider the relief sought in this Petition, including payment of all required rent, including applicable municipal charges, due and owing during the term of the above -captioned matter. November 13, 2014 Resp fully sub Andrew C. Sheely, Esqu Attorney for Plai Petitioner 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: November/5, 2014 Paul A. Keener, Jr., Owner Keener Prope ties, LLC fj EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Kathryn H. Silcox Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Andrew Charles Sheely, Esq, 127 S Market St PO Box 95 Mechanicsburg, PA 17055-6328 Notice. of Judgrnent/Transcript Residential Lease Keener Properties LLC v. Michael A. Konetsco Docket No: MJ -09304 -LT -0000122-2014 Case Filed: 9/17/2014 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 -0000122-2014 Keener Properties LLC Michael A. Konetsco Judgment for Plaintiff 09/30/2014 .... . Judgment Summary Participant Joint/Several Liability Individual Liability Amount Keener Properties LLC. $0.00 $0.00 . • $0.00 Michael A. Konetsco $0.00 . $3,559.80 • $3,559.80 . ..... ....._....... . _..........____............__............____ ..' Judgment Finding (*Post Judgment) In the matter of Keener Properties LLC vs. Michael A. Konetsco on MJ -09304 -LT -0000122-2014, on 9/30/2014 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $0.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $127.50 $127.50• Costs $0.00 $5.00 55.00 Server Fees $0.00 $32.30 . $32.30 Rent in Arrears 50.00 $3,395.00 $3,395.00 • Grand Total: s3,s-ss.ac Portion of judgment for physical damages arising out of residential lease: $0.00* MDJS 315A Page 1 of 3 Printed: 09/30/2014 10:53:16AM • Kee er Properties LLC v. Mi hael A. Konetsco Docket No.: MJ -09304 -LT -0000122-2014 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS; CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT, IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPL1E$ WITH 'VIE JUDGMENT._ =,. = •• / o Date The Honorable Silcox I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date MagisteriAlDistrict MDJS 315A Page 2 of 3 Printed: 09/30/2014 10:53:16AM EXHIBIT "B" Andrew C. Sheely, Esquire Attorney for Plaintiff/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID'NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net KEENER PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF a Pennsylvania Limited : CUMBERLAND COUNTY, PENNSYLVANIA Liability Company, Plaintiff/Petitioner vs. : 14 - 6031 MICHAEL A. KONETSCO, : CIVIL ACTION - LAW Defendant/Respondent PRAECIPE TO TERMINATE SUPERSEDEAS TO: David D. Buell, Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Kindly terminate the supersedeas in the above -captioned matter for failure of Defendants/Appellants to pay monthly rent payments as required by Pa. R.C.P. D.M. No. 1008 (B), (c)(3) and (c)(7) and for the reasons set forth in the attached petition. November 2014 By: Andrew C. Sheely, Esquire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Plaintiff/Petitioner KEENER PROPERTIES, LLC CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Petition and Praecipe to lift Supersedeas upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed asi follows: Michael. A. Konetsco 101 Texaco Road Mechanicsburg, PA 17055 November pl , 2014 Andrew C. Sheely, E KEENER PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF /)a Pennsylvania Limited : CUMBERLAND COUNTY, PENNSYLVANIA Liability Company, Plaintiff/Petitioner vs. : 14 - 6031 c, C: --,- x- --1 MICHAEL A. KONETSCO, : CIVIL ACTION - LAW'MOD -0,.. : --.- F:- --; > CD , 1- -.,- .< -0 7 CD.... . Defendant/Respondent ORDER OF COURT AND NOW, this 41 day of 2014, upon consideration of the attached Petition and Praecipe to terminate the Supersedeas, a hearing is hereby scheduled for kee-02-0,-a___ Is , 2014, at :30 OL .m in Courtroom No. of the Cumberland County Courthouse to consider the relief sought herein by Petitioner. BY THE COURT, Andrew C. Sheely, Esquire Attorney for Petitioner Michael A. Konetsco, Pro Igg 1%iLEEL /9//y /1 KEENER PROPERTIES, LLC, : IN THE COURT OF COMMON PLEAS OF a Pennsylvania Limited : CUMBERLAND COUNTY, PENNSYLVANIA Liability Company, Plaintiff/Petitioner vs. : 14 - 6031 MICHAEL A. KONETSCTO, : CIVIL ACTION - LAW Defendant/Respondent ORDER OF COURT AND NOW, this /./ day of December, 2014, upon consideration of Plaintiff's Petition to Lift Supersedeas, and following a hearing thereon, the relief sought by Plaintiff is hereby granted and the Prothonotary is hereby directed to lift the Supersedeas which is hereby TERMINATED. Andrew C. Sheely, Esquire Attorney for Plainiff BY THE COURT, ALBERT H. MASLAND, J. — EQS,,ova CirvfcJ Michael A. Konetsco, Pro Se - rY1Q acct , y I cp ri rn rn Cluj C 3; 3`=•• r�7 CJl C33