HomeMy WebLinkAbout02-1186COMMON~fEALTH O~ PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is ghmn that the Gl~ellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mentianed below.
1008&
This Notice of Appeal, when received by the District Justice, will operate as a
1001 (6) in act/on before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of to~n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from co~y of notice of appeal to be served upon appellee).
PRAECIPEz To Prothangtory . r~ ! ,
E~ m~ upon /~ ~"~ %~~Y~ ~_~~~ , appellee{s), ~ file a C¢~T~p~int in this apf:)ecd
(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 role upon you by personal service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312-90
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (!0) DAYS AFTER filing ~he notice of appeal. Check applicable boxes)
COMMONWEAl:TH OF PENNSYLVANIA
COUNTY OF ~ ; SS
AFFIDAVIT: t hereby swear or affirm that I served
[] a copy of the Notice of Appeal, Common Pleas NO. __ ..upon the District Justice designated therein on
- (date.of service). ' , [] by personal service []' by (certified) (regiStered) mail, sender's
"receipt'attached hereto, and upon the appellee; (name) , on
[] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on , ._.___._.._, [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Signature of affiant
'-,~ii~' ~;7 o~,,¢/¢T- .......................................
My commission expires
THIS
The
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
Mag. Dist, NO.:
09-3-01
DJ Name: Hon.
HAROLD E. BENDER
~u,ess: 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHI PPENSBD-RG, PA
Telepho,.: (717) 532 -7676 17257-0361
DUWAYNE YOUNG
105 111 PRINCE ST APT.#
SHIPPENSBURG, PA 17257
IS TO NOTIFY YOU THAT:
Judgment:
Judgment was entered for:
B2
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
~ORTHSTAR PROPERTIES
701 HAMILTON AVE
BOX 395
~ECHANICSBURG, PA 17055
VS.
DEFENDANT: NAME and ADDRESS
FYOUNG, DUNAYNE, ET AL.
105 111 PRINCE ST APT.# B2
SHIPPENSBUR~, PA 17257
Docket No.: LT-0000024-02 [ ~
Date Filed: 2/06/02
FOR PLAINTIFF
(Name) NORTHSTAR-PROP~RTIES
Judgment was entered against YOUNG~ DUNA~J.'~B in a
. Landlord/Tenant action in the amount of $ 88.33.on 2/28/02 . (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ 360.00.
total amount of the Security Deposit is $ 100.00
Rent in Arrears
Physical Damages Leasehold Property
Damages/Unjust Detention
Total Amount Established by DJ 0~ss;Security Deposit Aphid : Adjudicated Amo~8~
$ o - o · = $
$ .oo-$ .oo : $ .oo
$ _oo-$ .oo = $ , . .oo
Attachment Pr°hibited/
Victim of Abuse (Act 5, 1996)
This case dismissed without prejudice.
~'] Possession granted.
Less Amt Due Defendant from Cross Complaint
Interest (if provided by lease)
I_/T Judgment Amount '-
Judgment Costs :
Attorney Fees
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Possession granted if money judgment not sat~sT~ea Dy t~me ol ewct~on.
Possession not granted.
Levy is stayed for__ days or [~ generally stayed.
~] Objection to Levy has been filed and hearing will be held:
~ $. ': .00
$
_.$ ' 88.33
$.
$ 88.33
r-]Defendants are jointly and severally liable.
Date: Place:
Time:
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 OFCOMMON 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.
THF..r~ ~..--,, .~PARTY FILING AN APPEAL MUS~ I~:~LUDE A CO~PY OF.~-~-tlS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
/~"-~/~/~'~/~,-~J-'" Date //~Y'~7_.,c~/~- ~'c~ , District Justice
I I'cbrtify that this is a true and correct copy of the record of the proceedings containing the judgment.
I
Date ' District Justice
My commission expires first Monday of January, 2006. SEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE~OI~PL~NT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the not/ce of appec&~/Jcec .~ppli~f¢~_ boxes)
CO"MONWEALTy OF PENNSYL'~ANIA
AFFIDAVIT: I hereby swear or affirm.that I served
~ a copy of the Notice of Appeal, Common Pleas No ~ ~ upon the District Justi~ des~ated therein on
(date of service) , ~ by personal service ~ by (certified) (registered) mail, sender's
receipt attached ~{~[ ~ {~e appe~; ~fname)........................... on
~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto.
~ a%d f~ther that I ~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ~ by personal service ~ by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN {AF~I:RMED) AND SUBSCRIBED BEFORE ME
~¢y con ~rss~tOn ~re~il 4, 2005
· pd\ntc\cumberld.not
NORTHSTAR PROPERTIES,a Pennsylvania,:IN THE COURT OF COMMON PLEAS,
Partnership, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DUWAYNE AND APRIL YOUNG,
and Wife,
Husband
:NO, 02-1186 CIVIL TERM
:CIVIL ACTION - IN .~h.W
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the com-
plaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
pd\¢om\nor ths t ar. landlor d. comp laint. COrn\3 02
NORTHSTAR PROPERTIES,a Pennsylvania, :IN THE COURT OF COMMON PLEAS,
Partnership, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:NO, 02-1186 CIVIL TERM
V. :
:CIVIL ACTION IN LAW
DUWAYNE AND APRIL YOUNG, Husband :
and Wife, :
Defendants. :
LANDLORD/TENANT COMPLAINT
AND NOW, comes the plaintiff, Northstar Properties, a Pennsylva-
nia partnership, by and through their attorneys, Stone LaFaver &
Shekletski, and files the following complaint, pursuant to
Pa.R.C.P.J.P. 1007, averring as follows:
1. The Plaintiff rented to the Defendants, with a written
residential lease, 105 and 111 South Prince Street, Apartment#B2,
Shippensburg, Pennsylvania, Cumberland County, 17257.
2. The terms of the written lease were as follows: Month to
Month lease beginning on September 25, 2001, with a termination clause
that could be exercised by either party with a fifteen (15) days
notice.
3. Defendants were to pay to Plaintiff the sum of $260.00 per
month on or before the first day of each month. There was a $5 per
day late charge on any rent that was received after the fifth of the
month.
-1-
4. Plaintiff collected a $100.00 security deposit from
Defendants upon the signing of the lease which was not to be used as
the last month's rent.
5. In the last paragraph, there was a "Default" clause, wherein
"upon the occurrence of any default, such as failure to pay when due
"at the option of the landlord (Plaintiff herein) the rent for
the remainder of the term of this lease shall immediately become due
and payable .... A copy of the lease is attached hereto, marked as
Plaintiff's exhibit "A", and made a part of the record herein.
6. Plaintiff avers that on December 28, 2001, a letter was sent
to the Defendants advising them of the Plaintiff's desire to terminate
the lease. The reasons stated for the termination were that the rent
was continually due late since the date of inception and the
Defendants' rent check for December was returned for insufficient
funds (at that point there has been no attempt by Defendants to cover
the outstanding balance due). A copy of the letter is attached
hereto, marked as Plaintiff's exhibit "B", and made of part of the
record therein.
7. Per the request of the Plaintiff's, the property was to be
vacated and inspected by January 21, 2002. It should be noted that
the letter requesting termination gave the Defendants three weeks to
move out of the apartment even though the lease only required fifteen
(15) days.
-2-
8. The Plaintiff sent a second notice by certified mail on
January 7, 2002, however, it was returned as unclaimed by the Post
Office.
9. On February 4, 2002, the Plaintiff received the back rent in
full from the Defendants for the rental periods of December, 2001, and
January, 2002.
10. The Plaintiff still desire to terminate the lease and have
the Defendants vacate the property, hence, they filed a
landlord/tenant eviction notice on February 6, 2002, before District
Justice Harold E. Bender.
11. Defendants with the assistance of counsel, filed a cross-
complaint on February 21, 2002.
12. District Justice Bender entered judgement on February 28,
2002, in both instances in favor of the Plaintiff Northstar Properties
and against the Defendants in the amount of $88.33 for costs of
judgement and granted possession to the Plaintiff.
13. The Defendants filed a Notice of Appeal on March 8, 2002,
to the Court of Common Pleas of Cumberland County.
14. The Defendants posted bond as required in order for the
appeal to act as a supersedeas (See Rule Pa. R.C.P.D.J. No. 1008(B)),
15. The Plaintiff files this complaint in response thereto.
W~EREFORE, it is respectfully requested, that your Honorable
Court enter judgment against the defendant for possession of the
-3-
property, enter judgment in the amount of $88.33 for costs of
judgment, award attorney fees, award $260.00 per month for any
outstanding past due rent,
appropriate.
and any all such relief as this Court deems
Eli~eth ~.Stone, Esquire
Jre~D. #60251
'Davi~~,~ul~e
Sup~e Court I.D. #39785
414 Bridge Street
New Cu~erland, PA 17070
Telephone: (717) 774-7435
Attorneys for Plaintiff
-4-
VERIFICATION
Northstar Properties,
that as such he is authorized to make this verification
Northstar Properties and that he is acquainted with the
states that he is a Partner of
the Plaintiff named in the foregoing instrument,
on behalf of
facts set
forth in the
to the best of his knowledge,
statement is made subject to
relating to unsworn falsification to
Date:
foregoing instrument; that the same are true and correct
information and belief; and that this
the penalties of 18 Pa. C.S.A. ~ 4904
authorities.
pd\mis\lservice
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone
LaFaver & Shekletski, attorneys for Plaintiff Northstar Properties,
hereby certify that on this date I served a true and correct copy of
the within instrument on Defendants by first class mail, postage
prepaid, addressed as follows:
DATE:
Duwayne and April Young
105-111 S. Prince St., Apt. B2
Shippensburg, PA 17257
PROPERTIES
P.O. Box 395
Mechanicsbu/'g, PA 17055
(717) 697-7121 Phone/Fax
LI~.~h.qE AGREEMENT
This lease agreement made September 25, 2001, by and between Matthew D. Culbertson and
Scott R Eppley hereinafter callad "landlord", and April Young and Duwayne Young hereinafter
called "tenant".
In consideration of the rent and conditions set forth in this agreement, the landlord does lease to
the tenant the premises at 105 and 111 South Prince Street apt # B2, Shippensburg PA,
Cumberland County, Penn~lvania.
TERM: The term of this lense is month to month, beginning on September 25, 2001. Both
parties agree that the lease may be terminated by either party following a fifteen (15) day notice.
RENT: Tenant shall pay to the landlord ns rent $260.00 per month on or before the first day of
each month. There will be a $5 per day late charge on any rent that is received after the fifth day
oftbe month. Northstar Prope~ies shall be notified by the fifth of the month if there is going to
be a problem in making the rental payment ns outline&
SECURITY DEPOSIT: A $100.00 will be collected upon the signing of the lease. Upon
expiration of the term of the lease, the landlord shall inspect the premises to determine damage,
if any, after the tenant vacates the property. Any damages to the leased area or any repairs
necessitated as a result of the tenant's use of the leased area, shall be done by the landlord at the
expense of the tenant and deducted from the security deposit. The landlord shall account to the
tenant for the unused po~on of the security deposit within 30 days following the expiration of
the term of the lease. THE SECURITY DEPOSIT IS NOT TO BE USED AS THE LAST
MON'I~'S RENT. The security deposit was collected at the signing of the original lease.
ALTERATIONS: Tenant agrees not to make any alterations, additions, improvements, or other
changes (including painting) to any part of the premises or its facilities without the express
consent of the landlord.
INDEMNIFICATION: Tenant shall indemnify and save harmless from any liability imposed
upon the landlord, adjudicated or otherwise, by virtue of personal injury or property damage
arising from any use of the premiss by the tenant, their agents and invitees, including court
costs and counsel fees.
REPAIRS: Landlord agrees to be responsible for any repairs to the exterior of the premises and
all repairs to the interior oftha premises including heating, plumbing, and thc electrical
facilities. HOWEVER, IF SUCH REPAIRS ARE NECESSARY DUE TO THE NEGLIGENT
ACTS OF THE TENANT OR THEIR (}UESTS, THEN SUCH REPAIRS SHALL BE
PERFORlvn~ AT THE EXPENSE OF THE TENANT. Northstar Properties shall be notified (in
writing) of any repairs neeessasy and will respond to said repairs, either directly or by making
contact with the proper contractor to see that the repairs are made in a timely fashion.
ASSIGNMENT: The tenant alg~es not to assign, sublet, or transfer their interest, without
written permission of the landlord, in thc premises to any other party.
TAXES: Landlord agrees to pay all taxes levied against the premises during the term of this
lease.
UTILITIES: Tenant agrees to be responsible for the payment of the F.I.ECTRIC, GAS,
Th'7.17PHONE, A_ND CABLE. ( Landlord will pwvide a base heat to the building during the
heating months. Any additional heat required by the tenant will be at the tenants expense.)
ACCESS BY LANDLORD: Tenant agrees to permit landlord or his designee, to enter the
premises at all reasonable times to examine the condition of the property.
WASTE: Tenant agrees not to use thc premises for unlawful purposes. Tenant shall keep the
leased area oftbe premises free and clear of any type of refuse, junk, or other debris. All trash
and refuse shall be stored outside in appropriate trash containers.
PETS: Tenant agrees that there shall be no pets or other animals kept on the premises without
the consent of the landlord.
GRASS:N/A
SNOW AND ICE REMOVAL: N/A
USE: Tenant agnves that the premises will be used only for single family private dwelling for the
flamed/ate family including tenant and ch/Ich'on.
SP, I.I~: Landlord shall have the right to sell the property at any time to any third party without
giving notice to the tenant (subject to lease agreement).
EXPIRATION OF LEASE: Both parties agree that the current lease is on a month to month basis
and can be terminated by either party following a fifteen (15) day notice.
pelt'orm ally conditions of this lease, abindolimellt I)y tenant oI tile leaseo premises, or
insolvency of the tenant, the lease shall be deemed to have been breached. And, therefore lal Al
the option of the landlord, the rent for the remainder of the term of this lease shall immcdm~
become due and payable; (b) At the option of the .hmdlord, this lease and the rights and mlt'tt~
of the tenant to the t~ms oft_his lease becorae void.
In wimess whereof, the parties have executed this lease agreement and intend to be le~alb.
bound by it
**NOTE** THIS !.I~.ASE IS BErWEEN NORTHSTAR PROPERTIES AND APR
AND DUWAYNE YOUNG. APRlL AND DUWAYNE SHALL HAVE NO CONTACt
THE BUll .DING MANAGER FOR MATTERS RELATING TO RENT OR REP AIRS
This lease shall become effective upon receipt by Northstar Properties.
Please use the stamped self addressed envelope to return this to us (with Scptcmbc~'~ ~'m ~
balance of $230.63) by Saturday September 29, 2001. If not received by this date thc ~ale ~,~
become void. ?,
PROPERTIES
P.O. Box 395
M¢chanicsburg, PA 17055
(717) 697-7121 Phone/Fax
December 28, 2001
Ms. April Young
105 - 111 South Prince S~reet
Apt B 2
Shippensburg, PA 17257
Dear April and Duw~y~:
We are writing to inform you of our decision to terminate your lease. We have come to this
decision due to your continued tardiness with your ~nt payments. Your December rent check
has also bounced for non-suflicent funds.
As per the condition of your lease, we are giving you the required fifteen (15) day notice to
vacate the apartment. We will oxpect the apm hnent to be vacant by January 21, 2002.
As you are also aware, the rent for th!.n apartment is more than reasonable. We cannot
understand your continued lack of concern for not seeing that your rent is paid promptly.
We will be inspacting tbe apartment on January 21, 2002 to make sure it is vacant.
Thank you for your cooperation in this matter.
Sincerely,
Matt Culbertson
Scott Eppley
VS.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Prothonotary
Filed
VS.
PRAECIPE
NORTHSTAR PROPERTIES,
Partnership,
Plaintiff
DUWAYNE and APRIL YOUNG, husband
and wife,
Defendants
a Pennsylvania:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1186 CIVIL TERM
CIVIL ACTION - LAW
TO:
Duwayne Young and
April Young
105 tll South Prince Street
Apt. B-2
Shippensburg, PA 17257
DATE OF NOTICE: April 15, 2002
IMPORTANT NOTICE
YOU ARE iN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION RE-
QUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN {10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT
A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NORTHSTAR PROPERTIES,a Pennsylvania,:IN THE COURT OF COMMON PLEAS,
Partnership, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:NO, 02-1186 CIVIL TERM
V. :
:CIVIL ACTION IN LAW
DUWAYNE AND APRIL YOUNG, Husband :
and Wife, :
Defendants. :
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR IgOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE~OOSTMASTER
Elizabeth B. Stone, Esq.
414 Bridge Street
tew Cumberland, PA 17070
Duwayne & April Young
105 111 S Prince St Spt B-2
Shippensburg, PA 17257
PS Form 3817, January 2001
pd\per\northstar.lndlrd.retescrow.wpd
NORTHSTAR PROPERTIES,a Pennsylvania, :IN THE COURT OF COMMON PLEAS,
Partnership,
Plaintiff
V.
DUWAYNE AND APRIL YOUNG, Husband
and Wife,
Defendants.
:CUMBERLAND COUNTY, PENNSYLVANIA
:N0.02-1186 CIVIL TERM
:CIVIL ACTION - IN LAW
TO THE PROTHONOTARY:
PRAECIPE
Please terminate the supersedeas in the within action for failure
of the appellant to pay monthly rental as required by Pa.R.C.P.D.J.
No. 1008 for a period in excess of thirty (30) days.
STONE LaFAVER~HEKLETS~KI
By El~/l~et~B. Ston~, Esquire
Da~ ~e, Esquire
Sup~/Court i.D. '#39785
41~/idge Street
Ne_w~Cumberland, PA 17070
Telephone: (717) 774-7435
Attorneys for Plaintiff
-1-
pd\per\northstar.lndlrd.retescrow.wpd
NORTHSTAR PROPERTIES,a Pennsylvania,:IN THE COURT OF COMMON PLEAS,
Partnership, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DUWAYNE AND APRIL YOUNG, Husband
and Wife,
Defendants.
:NO, 02-1186 CIVIL TERM
:CIVIL ACTION - IN LAW
PETITION TO RELEASE ESCROWED MONIES POSTED
AS SUPERSEDEAS IN LANDLORD/TENANT ACTION
PURSUAN RULE 1008(C)
AND NOW, comes the Plaintiff, Northstar Properties, a Pennsylva-
nia partnership, by and through their attorneys, Stone LaFaver &
Shekletski, and files the following Petition, pursuant to
Pa.R.C.P.J.P. 1008(C), averring as follows:
1. The Plaintiff filed a landlord/tenant eviction notice on
February 6, 2002, before District Justice Harold E. Bender.
2. Defendants with the assistance of counsel, filed a cross-
complaint on February 21, 2002.
3. District Justice Bender entered judgement on February 28,
2002, in both instances in favor of the Plaintiff Northstar Properties
and against the Defendants in the amount of $88.33 for costs of
judgement and granted possession to the Plaintiff.
-1-
4. The Defendants filed a Notice of Appeal on March 8, 2002,
to the Court of Common Pleas of Cumberland County.
5. The Defendants posted bond as required in order for the
appeal to act as a supersedeas (See Rule Pa. R.C.P.D.J. No. 1008(B)),
6. The Plaintiff filed a complaint on March 22, 2002, in
response thereto.
7. The Defendants failed to answer the complaint.
8. The Plaintiffs mailed a Notice of Default Judgment to
Defendants on April 15, 2002, advising to respond within ten (10) days
of the Notice.
9. The Defendants failed to Answer or Respond to said Notice.
10. The Plaintiffs filed a Praecipe with the Prothonotary on
April 26, 2002, at which time Judgement was entered against the
Defendants Young and in favor of Plaintiff Northstar.
11. Pursuant to Rule Pa. R.C.P.D.J. No. 1008 (C), the rent money
that was posted in this matter and acted as a supersedeas should now
be released to the Plaintiff, as well as, any costs or additional
monies collected by the Prothonotary.
WHEREFORE, Plaintiff requests this Court to release to Plaintiff
Northstar the amount posted by the Defendants Young for money
representing March, 2002, rent in the amount of $260.00 and the $88.33
representing costs of the proceedings. Further, it is respectfully
requested, that your Honorable Court enter judgment against the
-2-
defendant for possession of the property, and any all such relief as
this Court deems appropriate.
STONE LaFAVER & S.~EKLETSKI
E 1 i~ab~'t h B -/~n .~/~2q~ilre
B~squire
/ ~uD~f~eme Court I.D. ~39785
41% Bridge Street
New Cumberland, PA 17070
Telephone: (717) 774-7435
Attorneys for Plaintiff
-3-