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  #1  
Old 07-19-2007, 10:46 AM
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Please help my mom is in jeopardy of immediate eviction


What is the name of your state? Pennsylvania

My mom received this in the mail yesterday from the Plaintiff's attorney:

ORDER

upon considerations of Plaintiff's Motion for Summarry Judgement on Count II of Plaintiff's Complaint, Defendant's response thereto and briefs of the parties, Plaintiff's Motion is hereby GRANTED.

Plaintiff is herebby granted immediate possession of the premises located at (address).

The Prothonotary is hereby directed to enter judgement in favor of Plaintiff and against Defendat on Count II of the Plaintiff's Complaint.

This is a case that has been going on for a year. I used to work for a law firm and I am not sure in this case what my moms next step is. We called the bar association for help, but according to them we can onl use their services once and to date they let us breach that and we've used them twice. I wrote and filed all of my mothers answers as well as the interrogatories question sent to them.

Now that we have received this could someone please advise me of the next steps to take? Is there something we can file in response to this or do we just have to automatically move my mom out immediately. And if the court grants it how much time does that give my mother to move.

If you don't know what kind of help to offer, would you by any chance know where I could refer my mother to to get advice? Can we just call any lawyer in the phone book and ask for some advice?

She is going to move out but the new place is not available until August 15th.
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  #2  
Old 07-19-2007, 11:23 AM
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You might want to help your mom store her stuff and move in to a hotel for a month...
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  #3  
Old 07-19-2007, 11:45 AM
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Originally Posted by Zigner View Post
You might want to help your mom store her stuff and move in to a hotel for a month...
Exactly.

I'm not sure what you're looking for OP. Apparently, she has been going through this for 12 months, and has just NOW decided to start looking for another place, and chose one, although its not ready for a month. I don't understand that logic.
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  #4  
Old 07-19-2007, 12:31 PM
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Originally Posted by moburkes View Post
Exactly.

I'm not sure what you're looking for OP. Apparently, she has been going through this for 12 months, and has just NOW decided to start looking for another place, and chose one, although its not ready for a month. I don't understand that logic.
Well that's actually not true. My mother has been looking for a place since the beginning of all of this, but since it has been short notice she has not been able to get the money together and then what money she could get together she had to use all of it for this case. She is paying escrow to the court untilt he case is settled and she had to give them 2900 dollars for the case to be held for 3 months to give her time to find a place. She has been living there for the past 20 years, for one of those years she was laid off and didn't pay rent, 4 years later all of a sudden the landlord wants to sue her for it and evict her.

About 2 months ago she had a place all nailed down and the complex asked my mom for a landlord reference. Now the place she lived prior to this place, that landlord past away and his family sold his estate which is why she had to move, so the only other reference she had was the one from the people evicting her. So the complex called her (eviction) landlord and they would not give them a positive reference, in turn to which she lost that place and was back a square one. Now she has found a place from a private owner who doesn't seem to care about this whole situation but that place will not be available until August 15th. My mom has been packing up her house since this began.

Its ridiculous. My mom was a tenant for 20 years, one out of 20 years she couldn't pay rent the landlord let that slide for four years and then all of a sudden one day my mother is served with papers and told to move immediately without notice. She is not trying to stall she is not trying to live there for free. She just wants the time to be able to move into this new place.

So now that you know the facts then you know my mother has not JUST STARTED LOOKING. She's been looking and trying for a while.

All I want to know is what the next step is. How to we file against the Order that was sent to us. What is it that we need to sent to the court in response to their order. That's ALL I want to know.

Thanks.

Last edited by Tianjohns; 07-19-2007 at 12:38 PM.
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  #5  
Old 07-19-2007, 12:41 PM
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Okay, my fault, she has been looking. Did she tell the new people UP FRONT that she was being evicted? Was she expecting a positive reference? The reality is that, she can probably stay right where she is, because the sheriff's won't come get her for that month.

Anyway, why did she fight the eviction in the first place? I'd had moved then.
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  #6  
Old 07-19-2007, 12:47 PM
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Originally Posted by moburkes View Post
Okay, my fault, she has been looking. Did she tell the new people UP FRONT that she was being evicted? Was she expecting a positive reference? The reality is that, she can probably stay right where she is, because the sheriff's won't come get her for that month.

Anyway, why did she fight the eviction in the first place? I'd had moved then.
At the time she was only fighting it because she did not have the money to get another place, and she needed time to get 20 years worth of stuff out of that house. She did tell the new landlord her situation, and all the landlord could do was tell her that she would move the other people out as soon as possible, but there were no guarantees but it would be no later than August 15th. She still maybe able to move in sooner, but her only worry is will there be a knock on her door at 10:30PM in two with police officers telling her she's got to move now. She just needs time and that was the ONLY reason she fought the eviction just to buy time to get herself a new place.
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  #7  
Old 07-19-2007, 12:51 PM
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Rent a self storage locker and rumage sale off what isnt needed at friends and store the rest in storage locker. Surely your mom can find some place to bunk in until aug 15, what ever the reason may be your mothers former LL was quite generous to allow her to go so long with out payment. She might as well get it over with and get out asap rather than dragging it out any longer.
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  #8  
Old 07-19-2007, 12:55 PM
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Your mother went a full year of not paying rent and you make it sound like no big deal. I bet you anything that the LL was giving her time to make up for the extra payments, and they finially had enough of it.

She then held it up in court longer still not paying. She is evicted, deal with it.
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  #9  
Old 07-19-2007, 12:55 PM
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Originally Posted by FarmerJ View Post
Rent a self storage locker and rumage sale off what isnt needed at friends and store the rest in storage locker. Surely your mom can find some place to bunk in until aug 15, what ever the reason may be your mothers former LL was quite generous to allow her to go so long with out payment. She might as well get it over with and get out asap rather than dragging it out any longer.
I agree. Nothing the OP added explains why she needed an ENTIRE year to move. He said this had been going on for a year. The hardship would have been the down payment, not the monthly payments. She's already used to making monthly payments. It appears that son may have been able to help mom come up with the down payment.

I guess I just don't get it.
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  #10  
Old 07-19-2007, 01:58 PM
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Originally Posted by Shay-Pari'e View Post
Your mother went a full year of not paying rent and you make it sound like no big deal. I bet you anything that the LL was giving her time to make up for the extra payments, and they finially had enough of it.

She then held it up in court longer still not paying. She is evicted, deal with it.
I don't understand why people with no advice to give come on here an post non-sense like this.

Yes my mother went a full year without paying rent because she lost her job, when she gained a job she started paying rent AND PAYING OFF WHAT SHE MISSED THE YEAR PRIOR!!!!! The whole point is the landlord wants to sell the house and now has reason to ask my mother to leave, because if it was SUCH A BIG DEAL to them my mother would have been told to leave four years ago. I never said that it wasn't a big deal.

and for the record my mother is STILL PAYING RENT. But if you actually had any type of law background you would know when things like this go to court instead of paying the landlord directly all rent monies go to the court in a rent escrow account until the case is settled, so every first of the month my mother sends a RENT CHECK TO THE COURT. So please DO NOT come on here making my mother look like a moocher. And its obvious you have no idea what you are talking about Everyone has lost their job before and may have been in a situation where they couldn't come up with money for their bills and my mother is no different.

Does anyone have any type of advice to give as to WHAT THE NEXT STEP IS TO DO ABOUT THE ORDER!!!!! I'm not interested your bashing opinions about my mother and if that's all the posters on this board can give the "moderator please delete this post"

Last edited by Tianjohns; 07-19-2007 at 02:08 PM.
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  #11  
Old 07-19-2007, 02:06 PM
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Originally Posted by moburkes View Post
I agree. Nothing the OP added explains why she needed an ENTIRE year to move. He said this had been going on for a year. The hardship would have been the down payment, not the monthly payments. She's already used to making monthly payments. It appears that son may have been able to help mom come up with the down payment.

I guess I just don't get it.
And you're right the down payment was what was the problem, but instead that down payment was required by the court to give my mom time to find a place. She had to pay the court $2900 (three months rent up front $966.72 x3) so there goes her down payment on a new place. Two months after she paid the $2900 she found a new place in those that was willing to let her pay as she went on the deposits and she was prepared to move when the LL gave her a negative reference and the complex would not rent to her. So now she is at the end of her three month time period and still no place, so she had to file another appeal to give her more time to find a place. All the while still paying rent at the LL's house AND paying the back rent from four years ago AND at the same time trying to save money to move in somewhere else. I am not saying the LL has to be nice to her and give a good reference. The original papers were served to her in February of this year, so it hasn't been a full year, but we are coming up on it.

And I'm sorry you "don't get it" I guess that means I won't see anymore responses from you.
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  #12  
Old 07-19-2007, 02:09 PM
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Rent a large storage unit and go to her house tonight and empty it out. Move all her belongings to the storage unit, then let her live with you until she can figure out where she is going to live permanently! Does that help? It's probably your best bet. Or you can ignore my advice and in a few days be posting "How do I get my moms things back from her former landlord?"
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  #13  
Old 07-19-2007, 02:16 PM
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Do you NOT live near your mother?
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  #14  
Old 07-19-2007, 04:08 PM
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Originally Posted by moburkes View Post
Do you NOT live near your mother?

No I do not live near my mother. My family is from Pennsylvania I live in Seattle. But, I'm here visiting.
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  #15  
Old 07-19-2007, 04:13 PM
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You can't help her out financially for the down payment? Seriously, there isn't a way around this problem.
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