The URL can be used to link to this page

Home My WebLink About02-3055QOMMONWEAETH OF PENNSYLVANIA COUNTY OF: Cuz4B~..~ Mag. Disl. No.: 09-2-0! DJ Name: 'Hon. · PAUL/[ P. CORREAL ~,~t?,;; 1,~fCOURTHOUSE SQUARE ~'CARLI SLE, PA t.~,~: ~717 ) 240-6564 17013 ;0000 PAULAP. CORREAL i CODRTHOUSE'SQUARE CARLISLE,"pA 17013-0000 THIS IS TO NOTIFY YOU THAT: Judgment: ~" Judgment was entered for: (Name) Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE FLINDsTI~oM, 'I~OY.A, ET.AL. -q 1172 'NEWVILLE RD.. CARLI SLE,-'..PA 17013 .j DEFENDANT: " NN~4E and ADDRESS 14B_4TH BT WEST ~ '~.'",,''... , UNIVEI~SAL CITY, TX 78148 Docket No.: Date Filed: CV'0000501' 01 J12/13/01 T.T~u'~'~P~/%M~ ~(%~ ~: ~ ~T. in the amount of $ 4__4R9. 84 on: [--~ Defendants are jointly and severally liable. ~--~ Damages will be assessed on: [~ This case dismissed without prejudice. --]Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for days or [--] generally stayed· Z] Objection to levy has been filed and hearing will be held: (Date of Judgment) ~;./1 n/n= (Date & Time) Amount of Judgment $ ~, 382.34 Judgment Costs $ 100.50 Interest on Judgment $ ; 00 Attorney Fees Total $ .00 $ ~,~82.84 Post Judgment Credits $ Post Judgment Costs $. Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY PILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NO T!CE OF J UDGMENT/T~ISCRIPT FORM WITH Y, gUR' F~i~'OF~APPEAL. 6-[0~2 ua[e ~-~, -~~ :J -' ': , Dist~ct'du~ I codify that this is a tree ct py of tho record o[ th~ procoedi~s con~nifi~ tho lud~mont.~ 6-10~2 Date~L . /~.~.~u , '- - . ~ - :-- t : -. ~ · · · ' My commission expires first Monday of danuary, 2006 ',/ c~a~ '~ ,,' .C~QMMON3~IEALTH Of PENNSYLVANIA COURT OfCOMMONPLEAS JUDICIAl. DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Nol~ce is givefl that the appdk~nt has fiJed in the above Court of Common P~as an appeal from the judgment rendered by the District Justice on the and in the case mentioned belo~ Rob~r~ Marr oqui~ 1~4B 4~h S~r~ W~s~, U~iv~rsal City, TX 78~48 Ju~ ~0, 2002 A.T.~',~ & Kimberl¥ J. r.~.~ CV 000050~-0~ Ta~r P. A~dr~ws, Esquir~ ~ ~ck ~ ~ ~ ~LY ~n this ~fi~ is mqui~ u~ P~ R~J~. ~ ~ ~l~ ~ CLAI~NT (~ ~. R.C. RJ.P. No. 1~8& I~1 (6) in ~ti~ ~f~e ~ct J~t~e, ~ ~ ~ of A~I, ~ ~d~ ~ ~ ~s~ Jus~ce, ~1 ~ as a ~ER~DEAS ~ ~ j~ ~ ~s~ in this cme FILE A COM~AINT within ~y (20) ~ a~t~ filing his ~TICE of A~EAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th/s section of form ~o be used ONLY when appellant was DEFENDANT (see Pa. R.C,P.J.R No. 1001(7) in action before D/strict Just/ce. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). , appdlee(s), to file a compk~int in Ihis appeal days~udgment of non RULE~ To (1) Y~ ~ ~ ~t a ru~ ~ ~ ~ u~ ~ ~ fi~ a c~ in ~s ~ wi~in t~ (20) ~s ~ t~ d~ of ~e of ~s m~ ~ ~ ~ ~l smv~e ~ ~ c~i~ ~ ~ ~iL (2) ff ~ ~ ~t ~ a c~int w~hin ~ fi~, a JU~NT OF ~N P~S ~LL K E~ERED A~T Y~. (3) ~ 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 (10) DAYS AFTER firing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that'l sermd i", [] a copy of the Notice of Appeal, Common Pleas No. (date of service) , upon the District Justice designated therein on , [] 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 e Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sendeCs receipt attached hereto. ' [] by personal service [] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF My commission e;~p~res on ....... . .,,'-.'-' ...... 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 the notice of appeal. Check applicable boxes) SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ~ DAYOF '~J~'U}y/ , '~-c:~.~'~ COMMONWEALTH OF PENNSYLVANIA cou.TY OF__...~~ .............. ;SS AFFIDAVIT: I hereby swear or affirm that I served [~"~ copy of the Notice of.~..Appeal, Common Pleas No. O~ T._;~.~.~.~.~.~.~.~>dS'":___~i ..... upon !~he District Justice designated therein on (date of service) .._-~_~r~:: ,~_...~.z~_~ , [~ by personal service.,.L..~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)_ fll~v', _~?~_¢/~ 12.o¥._~~ ....... on '~'o_~.. 'Z ,~., ,~Oc~,'~ [] by personal service [~"~y (certified) (registerdd) mail, sender's receipt attached hereto, [i~"and further that I served the R.~, I.e to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on :,,.)~r~,~.- '2-.,~d' ~'Z:, [] by personal service [~..'l~y (certified) (registered) mail, sender's receipt attached hereto. -~., Signature of affiant SHELLY SEXTON, NOTARY PL~LIC C,/mI. ISLE m)RO. CI,'t,mERL,~ COUNTY MY COMMISSION EXPIRF~ APRIL ~8, ~0011 Membm'. Pmlnsylvaflia A~$?ltt,On,~ Title o! o#icial My commission expires on P°s~'~t ' Sender: Please Print YOur nar~e, ////// address, and ~13 Certified Mail Provides: · A mailing receipt · A unique identifier for your maiipiece · A signature upon delivery · A record of delivery kept by the Postal Service for two years "'~av ONLY be combined with First-Glass Mail or Priority Mail. ;'~ble for any c~sa't~f international mail. ,q i:ii~(~V~DED with Certified Mai~ For ~ ¢~[ered Mail. .,~.sted toprovide proof of ~nd atlaoh a Return - ,~ cofl~ the , waiver for tn this box. .;I receipt is .ddressee or ~iece with the ~resent the arti- 3 Certified Mail d mail. ng an inquiry. ~ Ce? ~ NO ~ ~Or Certifiect Mail' ' POr of to th is the ~e. a~lClres ~tlpiec See e With ,~Or ,~a~t~ inquin, e ~e lot t~erCh~ [3 '(es ROY A. LINDSTROM and KIMBERLY J. LINDSTROM, Plaintiffs go ROBERT MARROQUIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW .' : NO. 02-30~5 TO: Roy A. Lindstrom and Kimberly J. Lindstrom c/o James D. Flower, Esq. 26 West High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: Respectfully submitted, ANDREWS & JOHNSON By: 1~ Tay 78 W6~t Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 ROY A. LINDSTROM and KIMBERLY J. LINDSTROM, Plaintiffs Vo ROBERT MARROQUIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3005 . ANSWER Defendant ROBERT MARROQUIN, by his attorney, Taylor P. Andrews, Esquire, responds to Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted that the Defendant is Robert Marroquin, an adult individual. It is denied that Robert Marroquin's current address is 1985 First Street West, No. 2000, Randolph Air Force Base, Texas 78150-4312. 3. Admitted. 4. The aforementioned lease attached as Exhibit "A" to Plaintiffs Complaint speaks for itself and no further response is required. 5. Denied as stated. Defendant vacated the premises on June 24, 2001. It is denied that the premises were in a significantly damaged condition or that there was a breach in the terms of the lease. It is admitted that Plaintiffs provided a written list of damages within 30 days of the date Defendant vacated the premises. It is denied that the Defendant's security deposit was properly withheld. 6. It is denied that there are any damages or other sums due under the aforesaid lease payable by Defendant to Plaintiffs. o Plaintiffs. It is admitted that Defendant has refused to Plaintiffs for the damages claimed by NEW MATTER 8. Prior to surrendering possession to the Plaintiffs, the Defendant participated in a walk- thru of the leased property with the Plaintiffs on Sunday, June 23,2001. At the time of the walk-thru the Defendant asked Plaintiffs if anything needed to be fixed, cleaned, painted, or attended to. In response to Defendant's inquiry Plaintiffs said there was no work that needed to be done. 9. At the time of the above referenced walk-thru the Defendant still had the right to occupy the premises for an additional seven (7) days. 10. The Defendant relied upon the expressed satisfaction of the Plaintiffs to surrender the tenancy to the Plaintiffs in the condition that existed on June 23,2001. 11. When Defendant surrendered possession of the tenancy to Plaintiffs, he gave a written notice of his new address. WHEREFORE, Defendant prays for judgment against Plaintiffs and in favor of Defendant on Plaintiffs Complaint. COUNTER CLAIM 12. 13. unjustified. Paragraphs 1 through I 1 above are incorporated herein by reference. The Plaintiffs withholding of Defendants security deposit of $925 was wrongful and 14. The Defendant is entitled to recover from Plaintiffs double the amount of the security deposit paid by Defendant that was wrongfully withheld by the Plaintiffs. WHEREFORE, Defendant demands judgment against Plaintiffs in the amount of $1,850. Respectfully submitted, ANDREWS & JOHNSON By: ~~ //_Ta~lor P. Andrews, Esq. ~ West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: ROY A. LINDSTROM and KIMBERLY j. LINDSTROM, Plaintiffs V. ROBERT MARROQUIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-3005 JURY TRIAL DEMANDED CERTIFICATE OF S__ERVICE I hereby certify that on this date, _ (~-~ ~T_<fl, 2002, I mailed a copy of Defendants, Robert Marroquin's Answer to Plaintiff's Complaint to the following persons at the following addresses by U.S. Mail, postage prepaid: James D. Flower, Esquire Counsel for Plaintiffs 26 East High Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATrO~q~YS.AT.LAW 26 W. High Street Carlisle, PA ROY A. LINDSTROM and KIMBERLY J. LINDSTROM, Plaintiffs, VS. ROBERT MARROQUIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3~5-CIVIL TERM NOTICE YOU ARE HEREBY NOTIFIED to plead to the within Counterclaim within twenty days after service of this Reply to New Matter and Counterclaim. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff Date: Jetlrnes D. Flower, ;Jr., Esquir~/// I?D. #27742 ~,/ X'~6 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATI~I~]E~*AT.LAW 26 W. High Street Carlisle, PA ROY A. LINDSTROM and KIMBERLY J. LINDSTROM, Plaintiffs, VS. ROBERT MARROQUIN, Defendant. IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3005 CIVIL TERM REPLY TO NEW MATTER AND NOW come Plaintiffs by their attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, and aver the following: 8. Denied. It is true that Plaintiff Roy A. Lindstrom did come to the premises when Defendants were in the processing of moving out, in order to confirm when they would be out of the premises. There was never any walk-through of the property, either formal or informal. Defendants did not ask Plaintiff if anything needed to be fixed, cleaned, painted or attended to. Not only did Plaintiffs not say if there was no work that needed to be done, but Plaintiffs discussed apparent damage to the property. Plaintiff made clear that these situations were unsatisfactory. 9. Denied. No such walk-through occurred. Although Defendants were in breach of the lease, Plaintiffs and Defendants had an understanding that they would vacate the premises by the end of June. 10. Denied. Plaintiffs did not express satisfaction with the condition of the property that existed on June 23, 2001. By way of further answer, Defendants caused further damage to the property between June 23, 2001 and the time they actually vacated, and inappropriately sought to obscure damage to the walls and woodwork with paint that did not match the paint on the walls and the woodwork. Furthermore, much damage which was not readily apparent to Plaintiff Roy A. Lindstrom was uncovered after Defendant's property was removed. 11. Denied. Defendant did eventually provide of his new address to Plaintiff, but SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT*LAW 26 W. High Street Carlisle, PA 11. Denied. Defendant did eventually provide of his new address to Plaintiff, but not until after Defendant had surrendered possession of the property to Plaintiffs. COUNTERCLAIM 12. The averments of Plaintiffs Complaint and Reply to New Matter are incorporated herein by reference. 13. Denied. Plaintiffs withholding the security deposit of $925.00 was lawful and in accordance with terms of the lease, and wholly inadequate to compensate for the extraordinary damage caused by Defendants. 14. Denied. Defendant is not entitled to recover any portion of the security deposit. WHEREFORE, Plaintiffs demand judgment against Defendants on the Counterclaim. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff J~'(es-D. Flowe~',~r~ #27742 I~6 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY AITORI~'YS*AT.LAW. 26 W. High Street Carlisle, PA VERIFICATION I hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the relating to unsworn falsification to authorities. Date: Date: penalties of 18 Pa.C.S. Section 4904, ;l itn erly l. Linch-- - / SAIDIS SHUFF, FLOWER & LINDSAY A'I'i~RNEYSaATsLAW 26 W. High Street Carlisle, PA ROY A. LINDSTROM and KIMBERLY J. LINDSTROM, Plaintiffs, VS. ROBERT MARROQUIN, Defendant· · iN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3005 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this c~,r?/~ day of ~ ,2002, I, JAMES D. FLOWER, JR., Esquire, of the law firm of Sai ~e~s, Shuff, Flower & Lindsay, Attorneys, hereby certify that I served the within REPLY TO NEW MA'I-rER AND COUNTERCLAIM this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mr. Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle PA 1713 Saidis, Shuff, Flower & Lindsay Attorneys for Plaintiffs J,~ s'D. Flower, ,~.., E&quiret ~- t,~6 West High Street v Carlisle, PA 17013 (717) 243-6222