HomeMy WebLinkAbout06-7111COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
CJ? rn belr?c?
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nn_ n A - 71 1.1, r• v yr T
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.
77
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(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 appellee(s)
(Common Pleas No. 06-7111 CIVIL
within twenty (20) days after service of rule or suffer entry of judgment of non pros.
,g 1??IrM pl,41k A) III
'591krl Af 1- ,
Signature 315-1 o attorney or agent
RULE: To appellee(s) 10
Nam 1 appellee(
(1) You are notified tha 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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: DEC 14 2006
nature of P otary -Deputy
0
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS OTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
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 , 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,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of affiant
Signature of official before whom affidavit was made ca
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Title of official ± J :.- ?- ".7 F
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My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAPD
Mag. Dist. No.
09-2-02
MDJ Name: Hon.
JESSICA BREiPBA]CER
Address: 1 COURTHOUSE SQ E Wl?d
CARLISLE, PA 1L
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
rL0?0?• BARRY A NAME and ADDRESS
25 N P030%ZT ST
CARLISLE, PA 17013
L
VS
DEFENDANT: .
Telephone: (717) 240-6564 NAME and ADDRESS
17013 I-ELMIGIR, JESSE ]COOS, ET AL.
11 N POI[MT ST SUITE 2
CARLISLE, PA 17013
J
JESSE X. EL=GZ L J
11 N PONFRET ST SUITE 2
CARLISLE, PA 17013 Docket No.: LT-0000274-06
Date Filed: 11/20/06
THIS IS TO NOTIFY YOU THAT:
Judgment: FOB T fT1?PIFF
® Judgment was entered for: (Name) LODDON BARRY A
Judgment was entered against ELED6E JESSE ]COOS
® Landlord/Tenant action in the amount of $_ 1, 262.18 on 12/05/06 in a
ent)
The amount of rent per month, as established by the Magisterial District Judge, is $ (Date Judgment)
The total amount of the Security Deposit is $ 550.00
Rent in Arrears Total Amount Established b M pJ Less • Security Deposit Applied
Physical Damages Leasehold Property 300 00 - $ 0
Damages/Unjust Detention- 0 .00=
00 - ? oo=
Less Amt Due Defendant rom Cross Complaint -
Interest (if provided by lease)
Attachment Prohibited/ L/T Judgment Amount
42 Pa.C.S. § 8127 Judgment Costs
Attorney Fees
This case dismissed without prejudice.
® Possession granted.
H Possession granted if money judgment
Possession not granted.
Adjudicated Amount
$ 850.00
300.00
eo
$ 00
$ o0
$_ 1_?1R0 oe
$ 12 7a
$ ee
$ 1,262.18
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
? 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
** RENT & $300-00 FOR LATE FEES
aDate `
certi y t at t Is is a true an r ct copy o t e record o t e procee Ings contammg t eMa glmenal District Judge
Date
Magisterial District Judna
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PROOF OF SERVE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT CO = c
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEAL OF PENN YLVA IA
COUNTY OF ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
2,oc(i -
a copy of the Notice of Appeal, Common Pleas +jus--, upon the District Justice designated therein on
(date of service) (2 20by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) on
12-114 join , 206& ? by personal service by (c` ified) (registered) mail,
sender's receipt attached hereto.
(SWOR FFIRMED) A SUBSCRIBED BEFORE ME
THIS f DAY OF 20Ok.
J?i".-?
Signature of official before whom affidavit was made
AM&V-aW0iy1
-7 1 Signature of affiant
Title of official `
My commission expires on , 20OCi.
-OTARKSM
p .NOTI.1?
,eigsle wo t nbZWE
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VUMMUNWEALI N OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
GUMbVIa rk,
COMMON PLEAS No. 06_7.1.11 CIVIL
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-
This block will be sow' O 4LY when this notation is required under Pa.
R.C.P.D.J. No. 100813.
This Notice of AppeiO., when received,by the,District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant" (see
in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after riling the NOTICE of APPEAL.
a # :N SgrlgYute. i : honotary pspUtY " , , --
`' J
y,. PRAECIPIr TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to b19 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 ftr? -Roj y-aFdatice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon brn A L )ryUn appellee(s), to file a complaint in this appeal
Name of
(Common Pleas No. 06-7111 CIVIL
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
V5
within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature ppellant oll attorney or agent
"A ) RULE: To , appellees)
Na 1186,
(1) You are notified 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 notfil.wi,b itofgli yPlin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule 46vvice was by mail is the date of the mailing.
Date: DEC I + - 2006 r ; nature of P tary or Deputy
Z >w ?,k?
YOU MUSTINELI IOE*A"CQPY OPA*l NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS OTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
DIAIW _ f'ADV Tn DC CCOVCII nA1 A00011 CC ^nl n -- -- ...-?..?-. --. -.------
BARRY A. LOUDON and
JEFFREY L. SCOTT, t/b/a
POMFRET SUITES
Plaintiffs
VS.
JESSE KOOS ELEDGE and
BERTUS LINDEBOOM,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-7111 CIVIL ACTION - LAW
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 defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
BARRY A. LOUDON and
JEFFREY L. SCOTT,
t/b/a POMFRET SUITES,
Plaintiffs
VS.
JESSE KOOS ELEDGE and
BERTUS LINDEBOOM,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 2006 - 7111
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this 2nd day of January, 2007, comes Barry A. Loudon and Jeffrey L.
Scott, t/b/a Pomfret Suites, a general partnership, by its attorney, Jacqueline M. Verney,
Esquire and brings this contract action and eviction against the defendants in the above-
captioned action to recover rental payments until June 20, 2007, the sum of $1,262.18
with interest from December 5, 2006, reasonable attorney's fees in the amount of
$1,000.00 and actual subletting fees received by tenants in violation of the lease and in
support thereof represents the following:
1. The plaintiffs are Barry A. Loudon and Jeffrey L. Scott, trading and doing
business as Pomfret Suites, a general partnership, whose principal place of business is 25
West Pomfret Street, Carlisle, Cumberland County, Pennsylvania, 17013 and whose
business is that of leasing property to the public, hereinafter referred to as Landlord.
2. The defendants are Jesse Koos Eledge and Bertus Lindeboom, adult
individuals who reside at 11 West Pomfret Street, Suite 2, Carlisle, Cumberland County,
Pennsylvania, 17013, hereinafter referred to as Tenants.
3. The Plaintiffs are the record owners of the real property known and
numbered as 11 West Pomfret Street, Suite 2.
4. The Plaintiffs and the Defendants entered into a written lease dated June
26, 2006 whereby the Plaintiffs leased to the Defendants the aforementioned apartment.
Said lease is attached hereto as Exhibit "A" and incorporated herein as if fully set forth.
5. Paragraph 2 of said lease provides for a twelve month rental period in the
amount of $6,600.00 to be paid in monthly installments of $550.00 per month.
6. Paragraph 3 of said lease provides for the occupancy of said demised
premises "for residential purposes for two persons and for no other purposes."
7. On or about September 26, 2006, Landlord discovered that there were
more than two persons residing in said apartment in violation of the lease.
8. Plaintiffs believe and therefore aver that Jesse Koos Eledge had moved his
paramour and her baby into the apartment, having at least four persons residing in the
apartment, in violation of the lease.
9. On or about October 2, 2006 Landlord discovered that tenants had
additional persons residing in the apartment, in violation of the Lease.
10. Paragraph 14 of the Lease prohibits the Tenant from assigning or
subletting the apartment or any part thereof without prior written consent of the Landlord.
11. Plaintiffs believe and therefore aver that Defendants are subletting the
apartment to additional persons without requesting permission from the Landlord, in
violation of the lease.
12. Plaintiffs believe and therefore aver that the Tenants are receiving
payment for subletting the premises. Landlord is entitled to any and all subletting
payments received by Tenants.
13. Defendants are in violation of Paragraph 2 of the lease in that they are
habitually late with the payment of the rent and fail to remit late fees in violation of
Paragraph 8 of the lease which provides for a late charge of $25.00 when payment is
more than five days late and a late charge of an additional $50.00 when more than 15
days late. Tenants owe Landlord $300.00 in late fees.
14. Defendants are in violation of Paragraph 7 of the lease which provides for
Tenant to be responsible for trash removal, in that they have placed trash on the sidewalk
in violation of Borough regulations.
15. Defendants are in violation of paragraph 4 of the lease which provides that
the tenants shall not interfere with or disturb the peaceful enjoyment of the premises by
other tenants, in that several complaints have been received regarding excessive noise
from the apartment.
16. Paragraph 4 further provides that the tenants shall not cause damage to the
apartment. Tenants are in violation of Paragraph 4 in that the carpet in one of the
bedrooms and in hallway has been damaged by candle wax. Replacement of the carpet is
expected to cost the Landlord at least $300.00.
17. Paragraph 12 of the Lease provides for Landlord's remedies in the event
of violation of the lease, including recovery of possession of the premises; recovery of
the entire balance of the rent due; damages to the premises and reasonable attorney's
fees.
18. On November 9, 2006, Landlord served Tenants with an eviction notice.
19. Landlord has incurred reasonable attorney's fees in prosecuting the
eviction in the amount of $1,000.00.
WHEREFORE, plaintiff requests the Honorable Court to find the defendants in
violation of the Lease and Order the following:
1. Possession of said premises to Plaintiffs and eviction of the Tenants;
2. Judgment of rent due until June 20, 2007 at $550.00 per month.
3. Judgment against defendants in the amount of $1,262.18 which includes late
fees of $300.00, carpet damage in the amount of $300.00, filing fees and
costs, with interest on such amount as allowed by law from December 5,
2006;
4. Attorney's fees in the amount of $1,000.00;
5. Subletting fees received by Tenants;
6. Such other and further relief as the court deems just and proper.
Respectfully submitted,
Date: ( 7
$acline M. Verney, Esquire #2316'Jf
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiffs
EXHIBIT "A"
PCO)ALfAlK `P 9(037r/?S?
25 West Pomfret Street
Carlisle, Pa 17013
(717) 249-1334
LEASE AGREEMENT
THIS LEASE AGREEMENT made this 26th day of June 2006, by and between Pomfret Suites,
Managing Partner Barry A. Loudon, a Pa. Licensed Real Estate Broker, 25 West Pomfret Street,
Carlisle, Cumberland County, Pennsylvania, as Landlord, and Jesse Koos Eledge and Bertus
Lindeboom as Tenant.
Landlord hereby leases to Tenant, Suite 2. 11 West Pomfret Street. Carlisle. PA 17013. upon the
following terms and conditions, to wit:
1. RENTAL TERM: The term of this lease shall be twelve (12) months beginning the 21st day of
June. 2006, and ending the 20th day of June. 2007.
2. MONTHLY RENTAL: Rental shall be paid in the amount of Six Thousand Six Hundred and 00/100
($6.600.00) Dollars, payable in advance of the monthly anniversary date in equal monthly
installments of Five Hundred Fifty and 00/100 ($550.00) Dollars. All such rental payments shall
be due without demand therefor, mailed or delivered to the above mentioned Pomfret Suites rental
office. All checks shall be made out to Pomfret Suites.
3. USE OF DEMISED PREMISES: Tenant leases the demised premises for residential purposes for
two persons and for no other purpose. Nothing shall be done upon said premises contrary to the
conditions of the 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.
4. CONDUCT OF TENANT: Tenant agrees not to do or to permit any act which shall cause damage to
the demised premises or shall interfere with or disturb the peaceful enjoyment of the premises by
the other tenants and to comply with all obligations imposed upon tenants by state, county or local
codes, regulations, ordinances or statutes. (Tenants shall keep leased premises in a good state of
repair and maintenance as at present and at the expiration of this lease shall surrender the
premises in like repair and condition, normal wear and tear alone excepted.) The premises are to
be kept in a clean and sanitary condition and all trash or other garbage which may accumulate
thereon during the term are 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, upon presentation of satisfactory proof.
5. LANDLORD'S REPAIRS: Landlord shall make repairs at Landlord's expense, to maintain stove,
refrigerator, heating, electrical and plumbing systems in working order unless such repairs are
required as a result of damage by conduct of the Tenant, in which event Tenant shall be responsible
for such repairs.
6. SECURITY DEPOSIT: Tenant shall deposit with landlord at the time of execution of this
agreement a security deposit in the amount of Five Hundred Fifty and 00/100 Dollars($550.00) to
be held by landlord to secure the faithful compliance of tenant with all terms and conditions of this
agreement in accordance with the provisions of the Pennsylvania Landlord and Tenant Act of 1951,
as amended. Security Deposit may not be used as last months rent.
9. S J-e sfC-
zZ - t 36?f /.5?r4v s
7. UTILITY AND SERVICE CHARGES: The utility and service charges shall be paid as follows:
Electric: Tenant
Gas: Tenant
Heat: Tenant
Water & Sewer: Landlord
Hot Water: Tenant
Telephone: Tenant
Trash Removal: Tenant (Borough Recycling system)
Snow Removal: Landlord
8. LATE CHARGES: A late charge of $25.00 shall be due and payable for each rental payment
which is received by Landlord more than five (5) days after the due date thereof. An additional late
charge of $50.00 (total of $75.00) shall be due and payable for each rental payment which is
received by Landlord more than fifteen (15) days after the due date thereof.
9. LANDLORD WARRANTY: Landlord has rented the premises in its present "as is" condition and
without any representations other than those stated in this lease. Landlord is under no duty to
make repairs, alterations, or decorations, except as set forth in Paragraph Five (5) herein.
Landlord shall replace carpet in the kitchen.
10. INSPECTION: Landlord reserves the right to enter upon the premises at reasonable times and
in a reasonable manner to inspect the demised 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 apartment to other prospective tenants and to permit entry to prospective purchasers if
the premises are offered for sale, upon giving one (1) day's notice of such intended entry.
11. LANDLORD'S LIABILITY: Tenant agrees that landlord shall be liable for property damage or
personal injury occurring in the leased premises or elsewhere on landlord's premises only where
such damage or injury results from the negligence of Landlord or their agents and/or employees.
12. LANDLORD'S REMEDIES: In the event tenant shall fail to comply with any term or condition of
this lease, landlord shall have the right to: a) bring a law suit to recover possession of the lease
property; b) bring a law suit to recover the entire balance due of the rent reserved for the full
term hereof and any other charges hereunder together with any and all damages caused by and
incurred as a result of tenant's default including reasonable attorney's fees and court costs; c) to
exercise any and all rights accruing to him under the Pennsylvania Landlord and Tenant Act, as
amended.
13. NOTICE TO QUIT: If an action is instituted by landlord to recover possession of the leased
premises, or for nonpayment of rent, or breach of this lease, tenant specifically waives his right
to three months' notice to quit and/or the fifteen or thirty days' notice to quit required by the
landlord and Tenant Act of April 6, 1951, as amended, and agrees that five (5) days' notice to quit
shall be sufficient.
14. ASSIGNMENT AND SUBLETTING: Tenant shall not assign or sublease the demised premises or
any part thereof without prior written consent of landlord, which will not be unreasonably
withheld. Provided that tenants may substitute a replacement tenant for each tenant who shall
vacate prior to the end of the lease term hereof, with written the consent of Landlord.
15. SEVERABILITY: In the event any provision of this lease shall be declared invalid by any court
of the Commonwealth of Pennsylvania only such provision declared invalid shall be null and-void and
all other provisions not inconsistent therewith shall remain binding and in full force.
16. MISCELLANEOUS: Where more than one tenant shall occupy a single unit the co-tenants shall
be jointly and severally responsible for all rent reserved. In the event any individual tenant or
tenants shall for any reason vacate the leased premises prior to the end of the term hereof, or
shall fail to pay such tenant's pro rata share of the rent, the remaining tenants shall remain fully
liable for the total rent due hereunder.
17. INSURANCE AND INDEMNIFICATION: Tenants shall obtain and keep in force throughout the
lease term tenants' insurance including a minimum of $100,000 coverage for Tenants liability and
coverage for all contents. Tenants further hereby agree to indemnify and save harmless Landlord
from any liability arising out of the use of the leased premises for any reason or cause whatsoever
except for the negligence of Landlord of their agents and/or employees.
18. PARKING: There is n,Q parking associated with the leased premises.
19. PETS: No pets are permitted in the premises.
20. STORAGE: Fire Marshall and insurance regulations prohibit storage or placement of any items
or rubbish in the hallways. fire escapes and common areas of the building=
21. LEAD WARNING: This housing was built before 1978 and may contain lead-based paint. Lead
from paint, paint chips and dust can pose health hazards if not taken care of properly. Lead
exposure is especially harmful to young children and pregnant women. Before renting pre 1978
housing landlords must disclose the presence of known lead-based paint and lead-based paint
hazards in the dwelling. Tenant must also receive federally approved pamphlet on lead poisoning
prevention.
J?L-- LANDLORD DOES NOT KNOW OF ANY LEAD-BASED PAINT OR LEAD-BASED PAINT
HAZARDS (DANGERS) ON THE PROPERTY.
_-PL __LANDLORD HAS NO REPORTS OR RECORDS ABOUT LEAD-BASED PAINT OR LEAD-BASED
PAINT HAZARDS AT THE PROPERTY.
TENANT ACKNOWLEDGES THAT TENANT HAS RECEIVED THE PAMPHLET "PROTECT YOUR
FAMI ROM LEAD IN YOUR HOME."
TENANT READ THE INFORMATION LAND LORD GAVE IN PARAGRAPH 21 ABOVE.
22. SMOKE DETECTORS: TENANT WILL MAINTAIN (INCLUDING REPLACEMENT OF BATTERIES) AND
TEST (MONTHLY) ANY SMOKE DETECTOR IN THE LEASED PREMISES. TENANT WILL NOTIFY
LANDLORD OF ANY BROKEN SMOKE DETECTOR IN THE LEASED PREMISES. TENANT WILL PAY FOR
ANY DAMAGE TO THE PROPERTY IF TENANTS FAILS TO MAINTAIN SMOKE DETECTORS.
23. No automatic cloths washer or dryers allow in the premises.
24. No charcoal grills or rubbish allowed on balconies or fire escapes.
25. THIS LEASE IS A LEGAL CONTRACT AND IF TENANT HAS LEGAL QUESTIONS, TENANT IS
ADVISED TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year
first above written.
By:--- _--(SEAL) date_S z GId a
Bar 0-h. Partner: Pomfret Suites Broker Commercial Investment Real Estate
By:
(SEAL) date_ n7)-- -SCj P4
By
(SEAL) date- 0.-&- 1.
Jesse Koos Eledge.Tenant
VERIFICATION
I verify that the facts included in the within pleading are true and correct based on
information known to me or received from reliable sources. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to
unsworn falsification to authorities.
Dated: Z -0'7 - t-t Z- ? ,
B don, Managing artner,
Pomfret Suites
CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the
Complaint filed in this matter was served upon the following on the date indicated by
placing the same with the United States Postal Service, First Class Mail.
Suzanne Spencer Abel, Esquire
22 East Street #6
Mt. Holly Springs, PA 17065
Date: -2
L /x
4acq ine M. Verney, Esquire #231 ft,
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiffs
V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARRY A. LOUDON, and
JEFFREY SCOTT, t/b/a 2006 - 7111 CIVIL TERM
POMFRET SUITES
Plaintiffs
V.
JESSE KOOS ELEDGE, and
BERTUS LINEBLOOM
Defendants
CIVIL ACTION - LAW
LANDLORD / TENANT
de NOVO APPEAL
ANSWER WITH NEW MATTER AND COUNTERCLAIM
AND NOW COMES Jesse Eledge and Bertus Lindeboom, Defendant Tenants
(hereinafter "Tenants") by and through their attorney, Suzanne Spencer Abel, Esq., who
responds and avers as follows.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part. Tenants admit that their second lease was executed on
June 26, 2006. Tenants aver that the parties' first lease was executed on
June 26, 2005. Strict proof is demanded.
5. Admitted.
6. Admitted.
7. Denied. Strict proof is demanded.
8. Denied. Strict proof is demanded.
9. Denied. Strict proof is demanded.
10. Admitted.
I
11. Denied. Strict proof is demanded.
12. Denied. Strict proof is demanded.
13. Denied. Landlord has repeatedly and consistently waived any late fee,
rendering Paragraph 2 of the lease void by waiver. Strict proof is demanded.
14. Denied. Strict proof is demanded.
15. Denied. Strict proof is demanded.
16. Denied. Strict proof is demanded.
17. Admitted.
18. Admitted.
19. Tenants are without sufficient knowledge to admit or deny this allegation.
Strict proof is demanded.
NEW MATTER - AFFIRMATIVE DEFENSES
20. Paragraphs 1 through 19 are incorporated herein by reference.
21. The parties have operated under a lease agreement since June 26, 2005.
22. The parties executed a lease identical to the original June 26, 2005, lease on
June 26, 2006.
23. Defendants assert an affirmative defense of waiver in that any late fee to
which Plaintiffs may have been entitled pursuant to Paragraph 2 of the leases
has been waived by Plaintiffs' prior consistent conduct waiving said fee.
24. Defendants assert an affirmative defense of payment in that any past due rent
amounts were paid in full and accepted by Plaintiff Loudon in the presence of
District Justice Brewbaker immediately following the underlying hearing.
25. Defendants assert any and all other affirmative defenses as permitted by law.
COUNTERCLAIM
26. Paragraphs 1 through 25 are incorporated herein by reference.
27. On or about 5:00 pm of Tuesday, December 12, 2007, Defendant Eledge and
his friends went to the Gingerbread Man at 5 South Courthouse Avenue,
Carlisle, Pennsylvania for dinner.
28. Upon arriving, Defendant Eledge was verbally and physically confronted by
Defendant Loudon regarding the instant eviction action.
29. After Plaintiff Loudon learned Defendant Eledge was appealing the matter,
Plaintiff Loudon repeatedly and intentionally and/or negligently addressed
Defendant Eledge as a f-cking, stupid, moron in a volume loud enough for the
restaurant's patrons and Defendant Eledge's friends to hear, prompting all to
look at Plaintiff and Defendant as Plaintiff Loudon's rant continued.
30. Plaintiff Loudon's false and derogatory verbal statements published to patrons
and friends damaged Defendant Eledge's reputation and good name in the
local community.
31. As a direct result of Plaintiff Loudon's intentional and/or negligent conduct,
Defendant Eledge experienced extreme embarrassment and humiliation,
causing him to immediately leave the restaurant without eating.
WHEREFORE, Tenants request this Honorable Court to find there was no
violation of the lease, to find Plaintiff Loudon's conduct slanderous and actionable, and
to award all appropriate costs, damages, and counsel fees to Tenants, as permitted by
law.
Respectfully submitted,
Spencer Abel Law Office
A AMA C Is POAIY?
u ne Spe cer Abel, Esq.
Aft ey ID #202443
22 East Street, #6
Mt Holly Springs, PA 17065
(717) 323-0046
spencer_abel_esq@fastmail.fm
Counsel for Defendants, Jesse Eledge and
Bertus Lindeboom
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARRY A. LOUDON, and
JEFFREY SCOTT, t/b/a
POMFRET SUITES
Plaintiffs
V.
JESSE KOOS FLEDGE, and
BERTUS LINEBLOOM
Defendants
: 2006 - 7111 CIVIL TERM
CIVIL ACTION - LAW
LANDLORD / TENANT APPEAL
VERIFICATION
I VERIFY that I have personal knowledge of all facts not of record set forth in the
foregoing pleading, and that such statements 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.A. §4904 relating to unsworn falsification to
authorities.
Date: o 7
Jesse Eledge
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARRY A. LOUDON, and
JEFFREY SCOTT, t/b/a
POMFRET SUITES
Plaintiffs
v.
2006 - 7111 CIVIL TERM
: CIVIL ACTION - LAW
JESSE KOOS ELEDGE, and
BERTUS LINEBLOOM LANDLORD /TENANT
Defendants de NOVO APPEAL
CERTIFICATE OF SERVICE
I certify that, concurrent with filing the foregoing Answer with New Matter and
Counterclaim, I am this day serving a copy of same by regular First Class Mail, to the
following:
Jacqueline Vemey, Esq.
44 South Hanover Street
Carlisle, PA 17013
Date: I
u e Spe cer Abel
22 t Street, #6
Mt. Holly Springs, PA 17065
(717) 323-0046
spencer abel_esq@fastmail.fm
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( x ) for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
BARRY A. LOUDON, and
JEFFREY SCOTT, t/b/a/
POMFRET SUITES
(Plaintiff)
VS.
JESSE KOOS ELEDGE, and
BERTUS LINEBLOOM
(Defendant)
VS.
( ) Civil Action - Law
( ) Appeal from Arbitration
(x ) Landlord/Tenant De Novo Appeal
(other)
The trial list will be called on
and April 30, 2007
Trials commence on June 18, 2007
Pretrials will be held on May 30, 2007
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 2006 Civil 7111 19
Indicate the attorney who will try case for the party who files this praecipe:
Jacqueline M. Verney, Esquire 44 S. Hanover St Carlisle, PA 17013
Indicate trial counsel for other parties if known:
Suzanne Spencer Abel, Esquire 22 East Street #6 Mt. Holly Springs, PA 17065
This case is ready for trial.
Signed: V
Print Name: Jacqueline M. Verney, Esquire
Date: March 2, 2007 Attorney for: Plaintiffs
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Barry A. Loudon and Jeffrey Scott, IN THE COURT OF COMMON PLEAS OF
t/b/a Pomfret Suites CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V. : No. 2006-7111 CIVIL TERM
Jesse Koos Eledge and
Bertus Linebloom : JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this 30th day of March, 2007, the Honorable Daniel L. Howsare of
the 57th Judicial District, is hereby appointed to preside over the above captioned matter.
By t Urt'
v
1
Edgar B. Bayley, J.
aure Staub
Court Administrator, Bedford County
.9c/queline M. Verney, Esquire
For Plaintiffs
A/zanne Spencer Abel, Esquire
For Defendants
onorable Daniel L. Howsare
President Judge, Bedford County
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Barry A. Loudon and Jeffrey Scott,
t/b/a Pomfret Suites,
Plaintiffs
VS.
No. 2006-7111 Civil Term
Civil Action - Law
Jesse Koos Eledge and
Bertus Linebioom,
Defendants Landlord/Tenant De Novo Appeal
ORDER OF COURT
And now, April 27, 2007, a non-jury trial in the above-captioned matter is
hereby scheduled for Friday, July 6, 2007, at 9:00 o'clock a.m. in
Courtroom No. 4, Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania. One-half (1/2) day will be reserved on the court calendar
for the trial.
Counsel:
For the Plaintiffs -
?cqueline M. Verney, Esquire
44 S. Hanover St.
Carlisle, PA 17013
J
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For the Defendants -
Xzanne Spencer Abel, Esquire
22 East St., Suite 6
Mt. Holly Springs, PA 17006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARRY A. LOUDON and JEFFREY SCOTT,
t/b/a POMFRET SUITES,
Plaintiffs
VS.
JESSE KOOS ELEDGE and
BERTUS LINEBLOOM,
Defendants
No. 2006-7111 Civil Term
Civil Action -Law
Landlord/Tenant De Novo Appeal
DECISION AND ORDER OF COURT
AND NOW, July 9, 2007, after a non jury trial held July 6, 2007, the verdict
and order of court are as follows:
1. We find in favor of Plaintiffs Barry A. Loudon and Jeffrey Scott t/b/a
Pomfret Suites and against Defendants Jesse Koos Eledge and Bertus Linebloom,
individually and severally, in the amount of nine thousand seven hundred seventy-
two dollars ninety five cents ($9772.95)•
2. The Prothonotary of Cumberland County shall within fifteen days of the
date of this order pay over to Plaintiffs the sum of four thousand seven hundred
dollars ($4,700.00), the amount being held by that office in rental payments.
3. Defendants may retain the security deposit in the amount of five
hundred fifty dollars ($550.00).
1
4. The balance due Plaintiffs on the verdict, deducting the sums set forth
in paragraphs 2 and 3, shall be the sum of four thousand five hundred twenty-two
dollars and ninety five cents ($4522.95)•
5. In the event no timely post trial motion is filed, the Prothonotary shall
enter judgment upon this verdict.
P.J.
Counsel:
For the Plaintiffs:
/Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
For the Defendants:
Suzanne Spencer Abel, Esquire
22 East Street, Suite 6
Mt. Holly Springs, PA 170o6
CA Melissa Uv"e(<i
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARRY A. LOUDON and JEFFREY SCOTT, No. 2006-7111 Civil Term
t/b/a POMFRET SUITES,
Plaintiffs
VS. Civil Action -Law
JESSE KOOS ELEDGE and
BERTUS LINEBLOOM,
Defendants
Landlord/Tenant De Novo Appeal
DECISION AND ORDER OF COURT
AND NOW, July 9, 2007, after a non jury trial held July 6, 2007, the verdict
and order of court are as follows:
1. We find in favor of Plaintiffs Barry A. Loudon and Jeffrey Scott t/b/a
Pomfret Suites and against Defendants Jesse Koos Eledge and Bertus Linebloom,
individually and severally, in the amount of nine thousand seven hundred seventy-
two dollars ninety five cents ($9772.95)•
2. The Prothonotary of Cumberland County shall within fifteen days of the
date of this order pay over to Plaintiffs the sum of four thousand seven hundred
dollars ($4,700.00), the amount being held by that office in rental payments.
3. Defendants may retain the security deposit in the amount of five
hundred fifty dollars ($550.00).
4. The balance due Plaintiffs on the verdict, deducting the sums set forth
in paragraphs 2 and 3, shall be the sum of four thousand five hundred twenty-two
dollars and ninety five cents ($4,522.95)•
5. In the event no timely post trial motion is filed, the Prothonotary shall
enter judgment upon this verdict.
P.J.
Counsel:
For the Plaintiffs:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
COOO ?0?
I't6a
For the Defendants:
Suzanne Spencer Abel, Esquire
22 East Street, Suite 6
Mt. Holly Springs, PA 170o6
CA - Melissa OOJVM ?e«i
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FROM :hELMARTH LAW OFFICES
FAX NO. :7172632928 Jul. 25 2007 10:055AM/ ,P22
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PE+NNSYLVANTA
BARRY A. LOUDON and JEFFREY SCOTT,
t/b/a POMFRL'T SUITES,
Plaintiffs
VS.
JESSE KOOS ELEDGE and
BERTUS LINEBLOOM,
Defendants
No. 2oo6-7111 Civil Terns
Civil Action - Law
'C7 i
:-
Landlord/Tenant De N.V Ap pal
DECISION AND ORDER OF COURT
AND NOW, July 9, 2007, after a non-jury trial held July 6, 2007, the verdict .
and order of court are as follows:
1. We find in favor of Plaintiffs Barry A. Loudon and Jeffrey Scott t/b/a
Pomfret Suites and against Defendants Jesse Kees Eledge and Bertus Linebloom,
individually and severally, in the amount of nine thousand seven hundred seventy-
two dollars ninety five cents ($9772.95)•
F• The Prothonotary of Cumberland County shall within fiftccn days of the
date of this order pay over to Plaintiffs the sum of four thousand seven hundred
dollars ($41700.00), the amount being held by that office in rental payments.
3. Defendants may retain the security deposit in the amount of five
hundred fifty dollars ($55o.oo).
Y
FROM :NEUHARTH LAW OFFICES FAX N0. :7172632928 Jul. 25 2007 10:0641 P3
4. The balance due Plaintiffs on the verdict, deducting the sums set forth
in paragraphs 2 and 3, shall be the sum of four thousand five hundred twenty-two
dollars and ninety five cents ($4622.95)•
5. In the event no timely post trial motion is filed, the Prothonotary shall
enter judgment upon this verdict.
By e Court,
P.J.
Counsel:
For the Plaintiffs:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
For the Defendants:
Suzanne Spencer Abel, Fzquire
22 East Street, Suite 6
Mt. Holly Springs, PA 170o6
COMMONWEALTH OF PENNSYLVANIA
? w
Superior Court of Pennsylvania
Karen Reid Bramblett, Esq. Middle District
Prothonotary
James D. McCullough, Esq. July 30, 2007
Deputy Prothonotary
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: 1291 MDA 2007
Barry A. Louden and Jeffrey Scott t/d/b/a Pomfret Suites
V.
Jesse Koos Eledge and Bertus Linebloom
Appeal of: Jesse Koos Eledge
Dear Mr. Long:
46- 7/l/
100 Pine Street. Suite 400
Harrisburg. PA 17101
717-772-1294
www. superior. court. state.pa. us
Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if
you believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet
at the Web site address printed at the top of this page. Thank you.
Very truly yours,
Karen Reid Bramblett, Esq.
Prothonotary
TP
Enclosure
3:06 P.M.
Appeal Docket Sheet
Docket Number: 1291 MDA 2007
Superior Court of Pennsylvania
Page 1 of 3 Aft
July 30, 2007
Barry A. Louden and Jeffrey Scott t/d/b/a Pomfret Suites
V.
Jesse Koos Eledge and Bertus Linebloom
Appeal of: Jesse Koos Eledge
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: July 27, 2007
Awaiting Original Record
Journal Number:
Case Category: Civil CaseType: Civil Action Law
Consolidated Docket Nos.: Related Docket Nos.:
SCHEDULED EVENT
Next Event Type: Receive Docketing Statement
Next Event Type: Original Record Received
Next Event Due Date: August 13, 2007
Next Event Due Date: September 24, 2007
7/30/2007 3023
3:07 PA
Appeal Docket Sheet
Docket Number: 1291 MDA 2007
Superior Court of Pennsylvania
Page 2 of 3 ZRIM
July 30, 2007
COUNSEL INFORMATION
Appellant Eledge, Jesse Koos
Pro Se: Prose Appoint Counsel Status:
IFP Status: No
Appellant Attorney Information:
Attorney: Eledge, Jesse K.
Bar No.: Law Firm:
Address: 142 N. East St.
Carlisle, PA 17013
Phone No.: Fax No.:
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
Appellee Barry A. Louden and Jeffrey Scott t/d/b/a Pomfret Suites
Pro Se: Appoint Counsel Status:
IFP Status:
Appellee Attorney Information:
Attorney: Verney, Jacqueline M.
Bar No.: 23167
Address: 44 S Hanover Street
Carlisle, PA 17013
Phone No.: (717)243-9190
Receive Mail: Yes
E-Mail Address: jmverney@aol.com
Receive E-Mail: Yes
Law Firm: Law Office of Jacqueline M. Verney
Fax No.: (717)243-3518
FEE INFORMATION
Paid
Fee Date Fee Name Fee Amt Amount Receipt Number
7125/07 Notice of Appeal 60.00 60.00 2007SPRMD000698
TRIAL COURT/AGENCY INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Civil
Date of Order Appealed From: July 9, 2007 Judicial District: 9
Date Documents Received: July 27, 2007 Date Notice of Appeal Filed: July 25, 2007
Order Type: Order Entered OTN:
Judge: Bayley, Edgar B. Lower Court Docket No.: 2006-7111 Civil
President Judge
ORIGINAL RECORD CONTENTS
7/30/2007 3023
3:07 P.M.
Appeal Docket Sheet
Docket Number: 1291 MDA 2007
Superior Court of Pennsylvania
Paqe 3 of 3 Aft
July 30, 2007
Original Record Item Filed Date Content/Description
Date of Remand of Record:
BRIEFS
DOCKET ENTRIES
Filed Date Docket Entry/Document Name Party Type Filed By
July 27, 2007 Notice of Appeal Filed
Appellant Eledge, Jesse Koos
July 30, 2007 Docketing Statement Exited (Civil)
Middle District Filing Office
7/30/2007 3023
CAy
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARRY A. LOUDON and JEFFREY SCOTT,
t/b/a POMFRET SUITES,
Plaintiffs
VS.
JESSE KOOS ELEDGE and
BERTUS LINEBLOOM,
Defendants
No. 2006-7111 Civil Term
Civil Action - Law
Landlord/Tenant De Novo Appeal
DECISION AND ORDER OF COURT
AND NOW, July 9, 2007, after a non jury trial held July 6, 2007, the verdict
and order of court are as follows:
1. We find in favor of Plaintiffs Barry A. Loudon and Jeffrey Scott t/b/a
Pomfret Suites and against Defendants Jesse Koos Eledge and Bertus Linebloom,
individually and severally, in the amount of nine thousand seven hundred seventy-
two dollars ninety five cents ($9772.95)•
2. The Prothonotary of Cumberland County shall within fifteen days of the
date of this order pay over to Plaintiffs the sum of four thousand seven hundred
dollars ($4,700.00), the amount being held by that office in rental payments.
3. Defendants may retain the security deposit in the amount of five
hundred fifty dollars ($550.00).
?N
r
4. The balance due Plaintiffs on the verdict, deducting the sums set forth
in paragraphs 2 and 3, shall be the sum of four thousand five hundred twenty-two
dollars and ninety five cents ($4,522.95)•
5. In the event no timely post trial motion is filed, the Prothonotary shall
enter judgment upon this verdict.
Y.J.
Counsel:
For the Plaintiffs:
/Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
COOO W>1
Iba
For the Defendants:
Suzanne Spencer Abel, Esquire
22 East Street, Suite 6
Mt. Holly Springs, PA 170o6
CA - Melissa UwLaefti
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07/26/2007 12:59 FAX 8146233858 COURT ADMIN OFFICE 12001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARRY A. LOUDON and JEFFREY L. SCOT'T_
a FRET SUIT,
Plaintiffs
VS.
JESSE KOOS ELEDGE and
BERTUS LINDEBOOM,
Defendants
NO. 2006 - 7111 CIVIL TERM
CIVIL ACTION - LAW
AMENDED ORDER OF COURT
AND NOW, this ? L' day of 12007, upon agreement of the
parties, the Order of Court dated July 9, 2007 is hereby amended as follows:
1. The monetary figure of $4,700.00 listed in Paragrapb 2 of the July 9, 2007
Order of Court shall be deleted and replaced wit" $4,150.00.
2. The monetary figure of $4,522.95 listed in Paragraph 4 of the July 9, 2007
Order of. Court shall be deleted and replaced with $5,072.95.
3. All other aspects of the Order of Court of July 9, 2007 shall remain in full
force and effect.
/ciacqueline M. Verney, Esquire, for Plaintiffs
44 S. Hanover St.
/Carlisle, PA 17013
Suzanne Spencer Abel, Esquire, for Defendants
22 East St. Suite 6
Mt. Holly Springs, PA 1.7065
B COUXf,
Daniel L. owsare; -- P.J.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARRY A. LOUDON and JEFFREY L. SCOTT, : NO. 2006 - 7111 CIVIL TERM
t/b/a POMFRET SUITES,
Plaintiffs
VS. : CIVIL ACTION - LAW
JESSE KOOS ELEDGE and
BERTUS LINDEBOOM,
Defendants
AMENDED ORDER OF COURT
AND NOW, this d2 day of 2007, upon agreement of the
parties, the Order of Court dated July 9, 2007 is hereby amended as follows:
1. The monetary figure of $4,700.00 listed in Paragraph 2 of the July 9, 2007
Order of Court shall be deleted and replaced with $4,150.00.
2. The monetary figure of $4,522.95 listed in Paragraph 4 of the July 9, 2007
Order of Court shall be deleted and replaced with $5,072.95.
3. All other aspects of the Order of Court of July 9, 2007 shall remain in full
force and effect.
BY -HE COUNT,
Daniel L. owsare, P.J.
cc: Jacqueline M. Verney, Esquire, for Plaintiffs
44 S. Hanover St.
Carlisle, PA 17013
Suzanne Spencer Abel, Esquire, for Defendants
22 East St. Suite 6
Mt. Holly Springs, PA 17065
LAW OFFICE OF
JACQUELINE M. VERNEY
ATTORNEY AND COUNSELOR AT LAW
July 24, 2007
The Honorable Daniel L. Howsare,
President Judge
Court of Common Pleas of Bedford County
Bedford County Courthouse
200 S. Juliana Street
Bedford, PA 15522
Dear President Judge Howsare:
Re: Loudon et al. v. Eledge, et al.
No. 2006-7111 Cumberland County
On July 6, 2007 you presided over a non jury trial in Cumberland County in the
above captioned matter. You entered an Order of Court dated July 9, 2007 in favor of the
plaintiffs.
In attempting to retrieve the rent being held by the Prothonotary, I discovered I
erroneously stated the amount that the Prothonotary was holding. I inflated the figure by one
month's rent ($550.00). I have contacted opposing counsel to determine if she concurred
with the enclosed Amended Order of Court. Because the amount of judgment has not
changed, she is in agreement that the Amended Order of Court is appropriate. I have
enclosed a copy of the docket indicating the amount of money being held by the
Prothonotary.
I request that you sign the enclosed Amended Order of Court and forward it to the
Cumberland County Prothonotary's Office for docketing. I have enclosed envelopes for
distribution to counsel.
I apologize for this inconvenience and thank you for your attention.
Very truly yours,
Ai
acq line M. Verney, Esquire
JMV/mos
Enclosure
cc: Suzanne Spencer Abel, Esquire
Barry A. Loudon
44 SOUTH HANOVER STREET, CARLISLE, PA 17013 (717) 243-9190 FAX 243-3518
P`i`S511 Cumberland County Prothonotary's Office Page 2
Civil Case Print
2006-07111 LOUDON BARRY A (vs) ELEDGE JESSE KOOS ET AL
Reference No... Filed......... 12/14/2006
Case Type...... APPEAL - DJ Time. ... 10.22
Judgment..... 00 Execution Date 0/00/0000
Judge Assigned: BAYLEY EDGAR B Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
2 PROTHONOTARY SHALL WITHIN FIFTEEN DAYS OF THE DATE OF THIS
ORDER PAY OVER TO PLAINTIFFS THE SUM OF 54700.00
3 DEFENDANTS MAY RETAIN THE SECURITY DEPOSIT OF $550.00
4 BALANCE DUE PLAINTIFFS ON THE VERDICT DEDUCTING THE SUMS SET
FORTH IN PARAGRAPHS 2 AND 3 SHALL BE THE SUM OF $4,522.95
5 IN THE EVENT NO TIMELY POST TRIAL MOTION IS FILED THE
PROTHONOTARY SHALL ENTER JUDGMENT UPON THIS VERDICT
BY THE COURT EDGAR B BAYLEY J
COPIES MAILED
-------------------------------------------------------------------
7/12/2007 DECISION AND ORDER OF COURT - DATED 07-09-07 - AFTER A NON-JURY
TRIAL HELD 07-06-07 THE VERDICT AND ORDER OF COURT ARE AS FOLLOWS:
1- WE FIND IN FAVOR OF PLFFS BARRY A LOUDON AND JEFFREY SCOTT
T/B/A POMFRET SUITES AND AGAINST DEFENDANTS JESSE KOOS ELEDGE AND
BEERTUS LINEBLOOM INDIVIDUALLY AND SEVERALLY INTHE AMOUNTO OF NINE
THOUSAND SEVEN HUNDRED SEVENTY-TWO DOLLARS NINETYFIVE CENTS
($9772.95) 2- *** THE PROTHONOTARY OF CUMBERLAND COUNTY SHALL
WITHIN FIFTEEN DAYS OF THE DATE OF THIS ORDER PAY OVER TO PLFFS
THE SUM OF FOUR THOUSAND SEVEN HUNDRED DOLLARS ($4700.00) THE
AMOUNT BEING HELD BY THAT OFFICE IN RENTAL PAYMENTS 3-
DEFENDANTS MAY RETAIN THE SECURITY DEPOSIT IN THE AMOUNT OF FIVE
HUNDRED FIFTY DOLLARS ($550.00) 4- THE BALANCE DUE PLFFS ON THE
VERDICT DEDUCTING THE SUMS SET FORTH IN PARAGRAPHS 2 AND 3 SHALL
BE THE SUM OF FOUR THOUSAND FIVE HUNDRED TWENTY-TWO DOLLARS AND
NINETYFIVE CENTS ($4522.95) 5- IN THE EVENT NO TIMELY POST TRIAL
MOTION IS FILED THE PROTHONOTARY SHALL ENTER JUDGMENT UPON THIS
VERDICT - BY EDGAR B BAYLEY J - COPIES MAILE 07-12-07
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Bw*Bal***P*ymts/Adj End Bal
*********************************** ****** *******************************
APPEAL D.J. 35.00 35.00 .00
TAX ON APPEAL .25 .25 .00
SETTLEMENT 5.00 5.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 10.00 10.00 .00
RENT 850.00 850.00 .00
RENT 550.00 550.00 .00
RENT 550.00 550.00 .00
RENT 550.00 550.00 .00
RENT 550.00 550.00 .00
RENT 550.00 550.00 .00
RENT 550.00 550.00 .00
------------------------ ------------
4205.25 4205.25 .00
********************************************************************************
* End of Case Information
********************************************************************************
q a 1,50 .00
PYS511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2006-07111 LOUDON BARRY A (vs) ELEDGE JESSE KOOS ET AL
Reference No..: Filed........: 12/14/2006
Case Type.....: APPEAL - DJ
Judgment......: 00 Time.........: 10:22
Execution Date 0/00/0000
Judge Assigned: BAYLEY EDGAR B Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
1
i
------------ Case Comments --- ---------- .:
gher Crt
H
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
LOUDON BARRY PLAINTIFF
25 W POMFRET STREET
CARLISLE PA 17013
ELEDGE JESSE KOOS DEFENDANT ABEL SUZANNE SPENCER
11 W POMFRET STREET SUITE 2
CARLISLE PA 17013
LINEBOOM BERTUS DEFENDANT ABEL SUZANNE SPENCER
11 W POMFRET STREET SUITE 2
CARLISLE PA 17013
********************************************************************************
Judgment Index Amount Date Desc
ELEDGE JESSE OOS 9,772.95 7/12/
LINEBOOM BERTU 2007 VERDICT
********************************************************************************
* Date Entries
********************************************************************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
12/14/2006 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY SUZANNE SPENCER
ABEL ESQ FOR DEFT
-------------------------------------------------------------------
12/14/2006 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
-------------------------------------------------------------------
12/18/2006 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
- SUZANNE SPENCER ABEL ATTY
-------------------------------------------------------------------
12/21/2006 RENT PAID $550.00
-------------------------------------------------------------------
1/02/2007 COMPLAINT - BY JACQUELINE M VERNEY ATTY FOR PLFFS
-------------------------------------------------------------------
1/22/2007 ANSWER WITH NEW MATTER AND COUNTERCLAIM - BY SUZANNE SPENCER ABEL
ATTY FOR DEFTS
-------------------------------------------------------------------
1/24/2007 RENT PAID BY DEF - $550.00 CASH
---------------------------------------------------------------------
2/22/2007 RENT PAID BY DEF - $550.00 CASH
-------------------------------------------------------------------
3/02/2007 PRAECIPE FOR LISTING CASE FOR TRIAL - BY JACQUELINE M VERNEY ATTY
FOR PLFFS
-------------------------------------------------------------------
3/22/2007 RENT PAID - $550.00 PD CASH BY DEF
-------------------------------------------------------------------
4/04/2007 ORDER OF COURT - 03-30-07 - IN RE: HONORABLE DANIEL L HOWSARE OF
57TH JUDICIAL DISTRICT IS APPT TO PRESIDE OVER MATTER - BY EDGAR B
BAYLEY J - COPIES MAILED 04-04-07
-------------------------------------------------------------------
4/20/2007 RENT PAID BY DEFT - $550.00 CASH
-------------------------------------------------------------------
5/03/2007 ORDER OF COURT - 04-27-07 - IN RE: NON-JURY TRIAL SCHEDULED FOR
07-06-07 AT 9:00 AM IN CR 4 CUMB CO COURTHOUSE - 1/2 DAY WILL BE
RESERVED ON COURT CALENDAR FOR THE TRIAL - BY JUDGE HOWSARE -
COPIES MAILED 05-03-07
-------------------------------------------------------------------
5/31/2007 RENT PAID $550.00 CASH
-------------------------------------------------------------------
7/12/2007 VERDICT - DATED JULY 9, 2007 - A NON-JURY TRIAL HELD JULY 6, 2007
THE VERDICT AND ORDER OF COURT ARE AS FOLLOWS 1 IN FAVOR OF THE
PLAINTIFFS AND AGAINST THE DEFENDANTS IN THE AMOUNT OF $9,772.95
'
t ET G M
V7.rr L3 ?
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1
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
1014-10/99 10/1/99
Karen Reid Bramblett, Esq.
Prothonotary
James D. McCullough, Esq.
Deputy Prothonotary
Superior Court of Pennsylvania
Middle District
August 9, 2007
Notice of Discontinuance of Action
RE: Louden, B., et al v. Eledge, J., et al
Appeal of: Jesse Koos Eledge
Type of Action: Notice of Appeal
No. 1291 MDA 2007
Cumberland County Court of Common Pleas
Agency Docket Number: 2006-7111 Civil
100 Pine Street. Suite 400
Harrisbure. PA 17101
717-772-1294
www.superior.court.state.pa.us
The above-captioned matter has been marked "Discontinued" with this court.
Certification is being sent to the lower court.
Attorney Name
Jesse K. Eledge
Jacqueline M. Verney, Esq.
Party Name
Jesse Koos Eledge
Barry A. Louden and Jeffrey Scott t/d/b/a
Pomfret Suites
Party Type
Appellant
Appellee
IN THE SUPERIOR COURT OF PENNSYLVANIA
SITTING IN HARRISBURG
No.1291 MDA 2007
Barry Louden, etal
v.
: Appeal from the OE 7/9/07
:Court of Comm Pleas
Jesse Eledge, etal
:for the county of Cumberland
:No. 7111-2006 CIVIL
August 9, 2007 - The above appeal is hereby withdrawn and
discontinued by order of:
Jesse Eledae
Attorney for Appellant
August 9, 2007 - DISCONTINUED
TRUE COPY FROM RECORD
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal
of said Court, at Harrisburg, this 9th day of August, 2007
te - -'M4tU&0k
Deputy Prothonotary
A' C
:
G Z