HomeMy WebLinkAbout01-5247COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUHBER~
09-3-04
THOMAS A. PLACEY
Add~ess: 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Telephone: (717) 761-8230 17050
ATTORNEY FOR PLAINTIFF
JAMES HUGHES, ESQ.
60 POMFRET ST.
~LISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
FLA NT FF: RESIDENTIAL LEASE
NAME and ADDRESS
FBAER, ELIZABETH, BRIAN, JOANN, RONALD-~
1819 WILLOW RD.
CA~LISLE, PA 17013
L_ _J
VS.
DEFENDANT: NAME and ADDRESS
FMILLER, DARWIN E.
i E. MAIN ST. APT.# 3
NEW KINGSTOWN, PA 17072
L J
Docket No.: LT-0000347 -01
Date Filed: 7/10/01
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
-- ~ Judgment was entered for: (Name) BAER~ ELIZABETH,BRIAN,JOANN,RO
Judgment was entered against MILLER, DARWIN E. in a
~ Landlord/Tenant action in the amount of $ 2,66~.7a~ on 7/17/01 . (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ ,00.
The total amount of the Security Deposit is $ .00
Rent in Arrears
Physical Damages Leasehold Property $ .00 -- $. .00
Damages/Unjust Detention $ :2:~0.00 -- $ .00
Less Amt Due Defendant from Cross Complaint - $
Interest (it provided by lease) $
L/T Judgment Amount $
--]Attachment Prohibited/ Judgment Costs $
Victim of Abuse (Act 5, 1996) Attorney Fees $
~--] This case dismissed without prejudice. Total Judgment $
~ Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
~] Possession granted if money judgment i not sat~snee by t~me ct ewct~on.
[] Possession not granted. [--] Defendants are jointly and severally liable.
[] Levy is stayed for days or r~ generally stayed.
r-]Objection to Levy has been filed and hearing will be held:
Date: Place;
Time:
Total Amount Establishi~d' i~J. 2~ess~Security Deposit A.p~)l~d : $ Adjudica~.e, do/~O.U~'
= $ .oo
= $~
.00
300_00
81.50
.00
2,664.74
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL F~ROM AiJUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WtT~ T, HE'~RO'~HONO'rARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN AP~E~,r OF THE MONE~y JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS; THE APPELLANT MUST DEPOSIT WITH THE PRO'~HONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAl,IS FILE[~.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDEN:'i'IAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF J~DGMENT IN WHICH TO FI~..E..~NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON P~,.~'~, CIVIL DIVISI~ / )
T.? PA.TY F.L,.G A. APPEA. D E A COPY.C. .OT . 'OF JUDGME.T A.SC.,PT FO.M W.T.T.E .OT,CE APPEAL.
~i ~' I ( "[ Date ~ f~. [,-~¢~ , District Justice
II certif,y that this is a true and c/rre¢t Copy of the4'~,,o~'d of the proc,g~dings containing the udgment.
I''' ( ,[ Date h/~ .- ,DistrictJustic~
My commission expires first Monday of ,J~Llary, 2 0 0~. SEAL
ELIZABETH, BRIAN~ JOANN &
RONALD BAER,
Landlord
DARWIN E. MILLER,
Tenant
DISTRICT COURT 09-3-04
LT-0347-01
ORDER
After trial on the disputed issues of rent and damages it is found that
the rent owing Landlord as of this date is $2053.24, interest or late fees as
of this date is $230.00, legal fees required by the lease are $300.00,
together with the costs of this action $81.50.
The Tenant is found to be a holdover tenant still in possession of the
property against the desires of the Landlord for which Tenant owes rent
during this holdover period. Abrams v. Sherwin, 269 Pa.31 (1920). The
Landlord Tenant Act requires the Landlord to account to the Tenant within
30 days of surrender and acceptance of the property. The Landlord is not in
possession of the property and is speculating the damages upon surrender.
It is premature to assess damages; therefore no finding of the amount of
damages is made nor application of the security deposit.
The parties have previously been advised of their appeal rights and the
original exhibits are being returned to the presenting party.
17 July 2001
Date
Thom~i~'A. IPlacey