HomeMy WebLinkAbout02-5623COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nw 02 - S'G 23 C,, r l '-r.-
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 mentioned below.
Renee S
CLAIM NO `-" ` •??••?•.••+•-•••••? SIGNATURE OF APPELLANNr'OE'HSRAOIWEY OR AGENT
Philip C. Briganti,Esq MidPenn Legal Sevic
Cv (717),243-9400 8 Irvine Row
LT 0000329-02 4Z'?a Carlisle RA 3
This block will be signed ONLY when this notation is required under Pa R P.J.P.
No/ I If appal t was CLAIMANT (see Pa. R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. 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 , appelke(s), to file a complaint in this appeal _qfnnk Name o appall s
f judgment of non pros.
(Common Pleas No O.2' SL +Z3 (?A ap )within twenty (20) days after sery? f rule or suffer mtFy
signature appeft# a his attomey a agent
RULE: To Doris E Fahnestock and Max A FaltgWdbftk
Name of appesWs)
(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 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 WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.. /?
Date: Ar ? -71 , . 0oZ Viwu (.c'. )1P &I.,
hn. _ r sipLfture of FtotnonagWy or Diputy
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof o,f ser vice MUST BE Ft. ED W!TI-M TEN ('101) DAY6 AF, ER fiivic up, , cn appvcab a cox ;i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _ :SS
AFFIDAVIT: I hereby swear or affirm that I served
? a COpV o the tin ce o' Appea', Common oleac No Lrc ' " Dlstnct vusf cu `e `ia(P `h L. r i!
(data of seroce) 'v petsoral ACV r °} CPYt f r.j? {rP,JIStt>i ,.!; ??d 5
receipt attached horrfu and ?xor the appclle ram _--
_ by Persenai service ? by curt; ed) 'registered) r a;,. 3E?nder s recejpt at,acned hereto.
? and further that I served the Rule to 919 a GomphMt accompanying :rv above Notice of Appeal upon the appellm's7 to whom
the Rul vas a htrE cd }n t 7 L a SP .tE C_ .`et °E?g( 7, .l
malt sender's receipt artached hereto.
SWG,lrt {,A( FIRIMErDi AND 'SUBS'' RiUt_u BEFOt''c ME
THIS ;hit Cs
Nov 14 02 12:-49p District Court 09-3-03 717-486-0224 p.2
COMMONWEALTH OF PENNSYLVANIA
,,,,.,Tv ,mac. CLIIABERLAND
-Maa: Dimmo.:
09-3-D3
W Nmaa: Man.
UBM. X. MAY
i1d"!z: 229, :MILL STREET, -Box 167
Mr. :MOLLY epRnms, MA
-r. , (717) 4U-76" 17065
-SUSAN M. MAY
229 -SILL -STREET, BOX 167
MT-. HOLLY RPRINGS., PA 17065
THFS B-TO-NOTIFY 'YOU THAT:
Judgment:
Z+O PLAZ111'=FF
R
® Judgntanf,was-enterad:for: (Name) EE RIE
Judgment-wasenteredagainst SIEGEL, RENEE
®' L?ndford]Terrant actton in the:amount of $ 2. ,D09-.70An
The amount of rent per. month, as?stabfished=by the District Justice, is$
.
The total amount of the Secu ity-Depositis
Total Amounti=stablishdyJ
s?
7
Z y
3
Rent in Arrears $
-Physical Damages Leasehold: Property n o
-? .
?
-Damages/UnjustDetention $ _
on -:$ _00
- $ _ nn
Less Amt Due Def
Attachment Prohibited/
Victimof Abuse (Actii, 1996)
This ease dismissed without prejudice.
Total Judgment
0 Possession granted.
8 Possession granted if-marray'judgment isnotsaus/?o?y
Possession not granted.
Levy is stayed for days or ? generally stayed.
D Objection to'Levy-has ?been filed and hearing will be held:
Time:
WOTIDE=OF Jllj IENTITRANSDRIPT
PLAINTIFF: 'RESIDENTIAL LEASE
' .NAMEaoaAnoaESS _
IFARIESTOCR, MAX A
23 S. •HALTZNGRE AVE.
MT. MOLLY SPRIIM, HA 1-70-D7
L J
Vs.
DEFENDANT: NAME arW ADDRESS
T-SIEGEL, REt<}EE
23 W. 'B31ILT339ORE WVE.
-d1T--, HOLLY -&FRifft;B, PA 17065
L J
DocketNo.: LT- 0000329-02
- Date Filed: 10/30/02
R .
STOCR, A
in a
11%12/02 (Date of JUdgment)
.DO
3 Lass$ Security Deposit Appligd Adjudicated91rrlou3l t
.- D = DD'
endant from Cross Complaint - $ _ 00
Interest L7T {if Judgment provided Amount by lease) $ $ 7 . DD
q x 37
Judgment Costs $ 90.33
AtromeyFees $ _ nn
$ 3,.0.09.70:
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ElDefendants are jointly and severally liable.
l n I
IN AN-ACTION INVOLVING A!RESIDENTIAL !LEASE, .ANY:PARTY . HASTHE: RIGHTTO APPEAL: FROM -A-JUDGMENT -fOR-POSSESSION WITHIN
TEN-DAYS AFTER THE DATE OF-ENTRY-OF JUDGMENT-BY-FILING-A NOTICEOF APPEAL WITH THE (tROt"ONOTAIWICLERK OF. COURTS
OF-THE-COURT OF COMMON PLEAS, CIVIL -DIVISION. :THIS APPEAL. WILL. INCLUDE AN APPEAL 'Of gUbNEY JPDOMENT, IF ANY. IN
ORDER TOLfB'rAlN-ABUPERSEDEAS,THEAFPfLI ANTMUST.DEP-flSR WITHTHE Ri3THONt1 `AR KK OOUAT5'THE-IJESSER-
ISFIIrEp < '.' .??
-THREE =MONTHS -RENT -ORTHE-RENT-ACTUALLY IN`ARREAASDNTHE-DATETHE'APPEAL
,THE-PARTY HAS
-IF-A-PARTY-WISHES TO-APPEAL ONLY THE MONEY PORTION OF A JUDGMENTINVDLVING A1110* TIAL. LEASE;-
30-DAYS-AFTER THE DATE -OF:ENTRY .-OF JUDGMENTIN.WHICHTO:FILE A N0TICEDFAPPEALWITH-THE ' PROTKONOTARYICLERK OF
THE PARTY FILING AN APPEAL
//- 12- 0Z -nat.
- Date
My commission expires' first Monday of January, 2004
-AOPC 4,s.-4o
;..
TtCE UDOMEN miNSbRIPT FORM WITH THE -NOTICE OF APPEAL.
r nisirir f .h'
SEAL
DORIS E. FA14NESTOCK and
MAX A. FAHNESTOCK,
Plaintiffs
V.
RENEE SEIGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02- CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow the defendant, Renee Siegel, to proceed in forma ap uperis.
I, Philip C. Briganti, Esquire, attorney for the party proceeding in forma an uperis, certify
that I believe she is unable to pay the costs and that I am providing free legal services to her.
Date: l L_
L-?C.r7r
flip C. Br' anti
Attorney for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
4m?<r?a_? .-; SS
AFFIDAVIT: I hereby swear or affirm that I served
o.a copy of the Notice of Appeal, Common Pleas No..02_- 5743 upon the District Justice designated therein on
(date of service) _ _ Ndv_• .71, _... . _...... ... .... ?.._ ? by personal service El'by (certified) }egis?il, sender's
receipt attached hereto and upon the appellee, (name) fad ?:...s .nF. a_.Ie_ _on
! a¢a z ? by personal service 9-by (certitied ? mail, sender's receipt attached hereto.
nd 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 /Vo ?._,. =? _ v? ?, E] by personal service Eby (certifted?I)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
signature ofaffiant
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COMMONWEALTH OF PENNSYLVANIA - NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT - i / - "? i - U.2,
DISTRICT JUSTICE JUDGMENT -yam
COMMON PLEAS Ns ,7 ;1 • 'i (? .? /? //
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 mentioned below.
S
Philip C. BrigantirESg MidPenn Legal Sevic
Cv (717 243-9400 8 Irvine Row
LT 0000329-02 3
This block will be signed ONLY when this notation is required under Pa. R .RJP. No/ If appe/! t was CLAIMANT (see Pa. R.C.P.J.P. No.
10086.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary or Deputy
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(Tl section of form 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 copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
PahnAafew-k , appellee(s), to file a complaint in this appeal
Enter rule upon
ft s
(Common Pleas No. 0 •f ' SG ,7 3 _.: Qc„ ) within twenty (20) days after sere f rule or suffer ent f judgment of ran pros.
S"" appeJant or his attorney or agent
RULE: To Doris E Fahnestock and may A > aha 1C
Narne-of app #Ws)
.
(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 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 WILL BE ENTERED "IN$T YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
j I { G?
Dote: 7t cuKo-iA ?/ (4).
sigrmilittre of PMUO)otary or 0gx9y
COURT FILE
AOPC 312-90
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Important Femmdersa 1 Y ne combined with First-Class Mail or Priority Mail.
¦ Certified Ma" inay -'
¦ Certified Mail is nor availab le for any class of with international mail-
Certified Mail. For
¦ NO INSURANCE GOVEF?30GE IS PROVIDED roof of
valuables, please consider Insured or Reg ?eease d red'
coqumpletested to provide p
lmplete and attach a Return
¦ For an additional fee, a Return Rec vice p l postage to cover the icable
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IMPORTANT: Save this receipt and present it when makingoa95 9q-M-2oa7
May 2000 (Reverse)
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CERTIFIED MA RECEIPT
(Domestic Mail Only; No / urance
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Certified Mail.
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60po-tant Reminders-
• Gellif,ed Mail may ONLY be combined with First-Class Mail or Priority Mail. j
• Certified Mail is not available for any class of international mail.
¦ Nc 'VSlesUrt;T,gNCEconsider
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Receipt (PS 1=orm 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
¦ For an additional fee, delivery may be restricted to the addressee orr
addressee's authorized agent. Advise the clerk or mark the mailpiece wwyh the i
endorsement "Restricted Delivery".
¦ If a postmark on the Certified Mail receipt is desired, please present the arl
de at the post office for postmarking. If a postmark on the Certified Mail t
receipt is not needed, detach and affix label with postage and mail. , f
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800. May 2000 (Reverse)
102595-99-M-2087 E?
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F:\F'UXMATAFME\Gendm.mM49-praedpe.I
Created: 1125/02 OL59:52 PM
Revised: 1125102 02:06:57 PM
MAX A. FAHNESTOCK and : IN THE COURT OF COMMON PLEAS OF
DORIS E. FAHNESTOCK, his wife : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V. : NO. 02-5623 CIVIL TERM
: D.J. LT 0000329-02 (D.J. Susan K. Day)
: CIVIL ACTION-LAW
RENEE SIEGEL,
Defendant : JURY TRIAL OF TWELVE DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter the appearance of David R. Galloway, Esquire of MARTSON DEARDORFF
WILLIAMS & OTTO, on behalf of Plaintiffs, Max A Fahnestock and Doris E. Fahnestock, in the
above matter.
MARTSON DEARDORFF WILLIAMS & OTTO
By
l3avid R. Galloway, I
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November,;J, 2002
CERTIFICATE OF SERVICE
I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe For Entry of Appearance was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Philip C. Briganti, Esq.
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By.
(
Christina N. Yost
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Novembera7, 2002
C rot t
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MrTl I-)
CL? `7C
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F:\F1LES\DATAFILE\Gendoc cur\8549-8.coMdrgUe
Geared. 12/10/02 08.36.13 AM
Revised- 01/21/03 09:26.03 AM
8549 1
MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK, h/w
Plaintiffs
V.
RENEE M. SIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5623
JURY TRIAL OF TWELVE DEMANDED
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 Complaint or for any other claim or relief
requested by the Plaintiffs. 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, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON
By
David R. Gallowlt,T'gq
Attorney I.D. No. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
WILLIAMS & OTTO
Date: January 21, 2003
MAX A. FAHNESTOCK and IN THE COURT OF COMMON PLEAS OF
DORIS E. FAHNESTOCK, h/w, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
V. NO.
RENEE M. SIEGEL,
Defendant JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
1. Plaintiffs Max A. Fahnestock and Doris E. Fahnestock are adult individuals residing
as husband and wife at 23 S. Baltimore Avenue, Mt. Holly Springs, Cumberland County,
Pennsylvania.
2. Defendant Renee M. Siegel is an adult individual with a last known address P.O. Box
34, Mt. Holly Springs, Cumberland County, Pennsylvania.
3. On or about October 15, 2001, Plaintiffs leased the premises located at 23 North
Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, (hereinafter "Premises"),
to Defendant under a residential lease agreement, (hereinafter "Lease"). A copy of the Lease is
attached as Exhibit "A" and incorporated herein by reference.
4. The Lease provided for a term of two years at a monthly rental of $500.00
commencing November 1, 2001.
5. The Lease provided for a split payment arrangement. At Plaintiff's discretion,
Defendant could pay $250.00 on the I" of each month and $255.00 on the 16`h of each month; a
$5.00 split rent payment surcharge was applied to such arrangement.
6. Defendant entered into possession of the Premises on or about October 15, 2001 in
accordance with the terms of the Lease.
7. On or about November 4, 2002, Officer Troy Wiser of the Mount Holly Springs
Police Department noticed the Plaintiffs via a telephone call that Defendant vacated the Premises
on October 31, 2002.
8. Pursuant to the Lease, Defendant is responsible for paying various utilities, services
and appliance rental which include the following: 1) heat, 2) hot and cold water, 3) electric, 4) trash
removal, 5) sewage, and 6) appliance rental at $4.00 per appliance; Defendant rented four appliances,
a refrigerator, a stove, a washer and a dryer.
9. Defendant has failed to pay rent, split payment fees and/or various utilities, services
and appliance rental as more fully described in Plaintiffs' Itemization of Damages attached as
Exhibit `B."
10. Plaintiffs have repeatedly demanded payment of the rent; split payment fees; and
utilities, services and appliance rental charges.
11. Defendant refuses to pay said rent; split payment fees; and utilities, services and
appliance rental charges.
12. By failing to pay rent; split payment fees; and utilities, services and appliance rental
charges, Defendant breached the terms of the Lease.
13. Pursuant to Paragraph 10 of the Lease, Defendant agreed to repair all damage caused
by Defendant to the Premises.
14. Defendant has failed and refuses to repair the Premises as required under the
provisions of the Lease.
15. By failing to make said repairs, Defendant breached the terms of the Lease, including
but not limited to Paragraph 10.
16. Pursuant to Paragraph 13 of the Lease, Defendant agreed to pay all costs associated
with improvements to the Premises.
17. Defendant requested several improvements to the Premises, as more fully described
in Plaintiffs' Itemization of Damages attached as Exhibit "B," but has failed to pay the costs
associated with those improvements.
18. On December 4, 2001, Defendant purchased several pieces ofbedroom furniture from
Plaintiffs' daughter, Vicki Fahnestock, for $440.00. Defendant agreed to pay fifty dollars ($50.00)
each month until the entire balance was paid. A copy of the December 4, 2001 Invoice is attached
as Exhibit "C."
19. Defendant failed to pay the entire balance of the December 4, 2001 Invoice as more
fully described in Plaintiffs' Itemization of Damages attached as Exhibit "B."
20. On October 28, 2002, Vicki Fahnestock authorized Plaintiffs to act as her agents in
collecting the balance owed on the December 4, 2001 Invoice. A copy of that authorization is
attached as Exhibit "D."
21. Pursuant to Paragraph 3 of the Lease, Plaintiffs are entitled to reasonable attorney's
fees incurred as a result of Defendant's breach of the Lease agreement.
22. Defendant paid Plaintiffs a $500.00 security deposit at the inception of the Lease.
23. Plaintiffs have made demand upon Defendant for payment for the above mentioned
items, but Defendant still refuses to pay the same or any part thereof.
24. Plaintiffs have performed all conditions precedent under the Lease.
WHEREFORE, Plaintiffs demand judgment against Defendant as follows:
(A) in the amount of $6,500.00 for unpaid rent from October 1, 2002 through October 31,
2003.
(B) in the amount of $491.37 for unpaid appliance rent, split payment fees and unpaid
utilities;
(C) in the amount of $905.58 for repairs/improvements, less the security deposit and
accrued interest of $510.37, or $395.21;
(D) in the amount of $60.00, the balance on the December 4, 2001 Invoice;
(E) costs for this action, including costs for filing at District Justice, and attorneys' fees;
and
(F) any other relief this Court deems just and proper.
Respectfully submitted,
MARTSON D
By
David R. GallowayN-' I
Attorney I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
WILLIAMS & OTTO
Date: January 21, 2003 Attorneys for Plaintiffs
.. ^ I 1 ?
/\'
_ •• ? r ?. e L{ i r ? V ?.
Exhibit A
(1115 IS \ -f-. CiAI-1.1" uISnISU I ,Ail' hII:`.T VA'Il-I_ nrCMII I -IN':AI - WI I IIIN IIIReG OUSINESS
DAv S. nuRINC TnIS PERW1) )'Oil MAY Cn00'1- rO CONSULT AN AI IORtiLV woo CAN
IZGA1IE1V AND CA.N CLL TI IF LEASE SEE SECTION ON AI 101 Z N'EY R 1-VIERr 1012 DETAILS.'
HOUSE LEASE
The Landlord and the Tenant agree to lease the house for the Tenn and at Ilse Rent stated, as follows:
l he words I.andlord and Tenant include all landlords and all tenants under this Lease.
Land lord. Doris.E...&.Max.A. Fahnestock
r Tenant ...Renee Siegel '
??m ?.. n r•
23„St.Baltimore.Ave..,, Mt. Holly Springs, rii?n ?,? ?.rv ?.,,w..a m.u?o i.?„?m
..
.
..r..r. ,.. .......
PA..17065 .......................... ..
.
................................
...................... .....
I- louse (including grounds on which it is located) ..1r 23 N. ......................
Baltimore Ave. , Mt. Holly Springs, PA 17065
.................................................... ................................................... ....
OCtOber 15, 2001
Dare al Lease......... .... h1d ........... ..
Real for the Term is $ .500..0() Mo. CORImIenCing '
.....
....... The Rent is payable in ad ca nee on the fire day of each month
Tenn ... ?A?Q. (2) Years plus 1/2 month ,
as follows:.. .............................
..........
" " """"
Ilcgiaanitag. October 15,2001 ...........
If by check: Make payable . to .
. Doris E.
..
.......................................
Ending. October 31, 2003 Fahnestock at 23 S. Baltimore Ave. If by
..........................
..
- cash: Deliver to 23 S. Baltimore Ave. to
Security 5...$500..00...... deposited at M. &. T.Sank ................ ..... ...............
Vicki (daughter of Landlords) or one of
... landlords. Tenant at Landlord's discretion
............
............................................
" "" ""' ""
....................
............
may pay 1/2 rent on the 1st & 16th of the
..........................
..................
. . . . . . . . . . . . . . .
.............................
h
Broke r.l he Landlord and the tenant recognize mont
.
............................................ ....................
......... Not . Applicable
...................................................
as the Ilroker a ho brought about this Lease. The ...........
I. Possession and Use
2. Rena
1. Additional fienl
4. Security.
5. No Assignment or Subletting
6. Violation, Eviction and Re-entry
7. D: inages
8. Quiet Enjoyment
9. Ulllilies and Services
10. Tenant's Repairs and Maintena lice
I!. Landlord's Repairs
12. /Access to Ilouse
Il. No Alterations or Installation of Equipment
Id. Fire and Other Casualty
I5. Liabilily of Landlord and Tenant
16. Subordination Io Mortgage
17. Tenant's Letter
18. Notices
19. No \\'a i ve r
20. Survi cal
21. Renewal lease
22. Furniture
23. End of Tenn
14. kinAing
25. Pull Agreement
26. Attorney Revieuv
1. Possession and Use
l he Landlord shall give possession of the ]louse to the
I errant for t he Term. l he Tenant shall take possession of and
asc the Ilouse only as a private residence. Only a Tenant
igning this Lease and the children of that Tenant may live in
he Ilouse. The 1'enant shall not use the House for amp
'osincss. professional, unlawful or h;vardous purpose. I he
eunut must not alln\c the House to he vacant for extended
<riods.
2. Rent
The Tenant shall pay the Rent to the Landlord at the
Landlord's address.
3. Additional Rent
If the Tenant fails to comply n'ith any. agreement in this
Eerie, the Landlord may do so on behalf of the Tenant. The
Landlord may charge the cost to comply to the Tenant as
•ln...... lr.n. ru p.rpnnr 1/ r, ... un nor n rrnl nano- h...krr r,, vr/r rpm .nn lir rrnrJ I., rj, ,1}u Jrngr Rrnl Freon Cnrnnrir lion. run nor Jrlrrr rlri, langnngr.
..............................................
See paragraph 21 for future renewals.
..........................................................
Table of Contents
EXHIBIT "A"
"acid itiotal rem". Ibis includes reasonable auurne%'s fees
mental by the Landlord as a result of the Temun's violation
of arty Lease agreement. The additional rent shall he due and
pav,blcas Rem with the nest ntolfhly Rent pa yancm. Non-
pa)mtcm of additiou:d rem gives the Landlord Ibc same rights
agaimt the I coil nt as if the Tenant failed to pay file Rent.
1. Security
The Tenant has given to the Landlord the Sectsitysfated
above. It shall be deposited or invested by the Landlord and
bear interest or yield other earnings as required by lase. The
balance of the interest or earnings, after deduction for the
Landlord's administration expenses allowed by lass, shall
belong to the Tenant. The Tenant's portion of the interest or
earnings shall be permitted to conpoumd, or shall be paid to
or credited for the benefit of the Tenant as provided by last.
The Security shall be held in trust by the Landlord during
the Tenn of this Lease, including am. renewal or extension. It
shall be used as secm ity for the Tenant's compliance with the
tenant's obligations under this Lease. The Landlord may
deduct any costs resulting from the Tenant's failure to comply
with an). agreement in this lease. If the costs exceed the
Security, the Tenant shall pay the additional amount to the
Landlord. if the Landlord uses any of the Security doting the
lean, the Tenant shall promptly restore the Security to its
original amount. l"he Security is not to be used by the Tenant
for the payment of Rent without the Landlord's wriucn
consent.
Within 10 days offer the end of the Term, file Landlord
shall return to file tenant (a) the Security and the "tenant's
potion of the interest or earnings. less an)' charges made
under this Lease, and (b) a statement itemizing the interest or
earnings and any. deductions. This shall be done by personal
delivery, registered or certified mail.
If the Landlord's interest in the Building is transferred.
the Landlord shall (a) turn otcr the Security plus the tenant's
portion td the interest or earnings to the new Landlord,nd (h)
notify' the tenant of the name and address of the ley
Landlord. Notice must be given to the Tenant within 5 days
after the transfer, by registered or certified mail. "Ilse Landlord
shall then no longer be liable to the Tenant for the Secant
plus the Tenant's portion of the interest or earnings. 1-he new
Landlord becomes liable to the Tenant for file return of the
Security plus the Tenant's portion of the interest or earnings
in accordance with the terns of this Lease.
No Assignment or Subletting
t he Tcnanl neap not do ally of the following without the
Landlord's written consent: (a) assign this Lease. (b) sublet all
or am part of the [louse or(c) permit any' other person to use
the House except as a temporary guest.
Violation, Fvictiou and Re-enure
The L andlord resencs a right of re-entry swhich allows
the Landlord to end this Lcase and re-enter the House if the
Tenant yic lilies amp agreement in this Lease. This is done by
eviction. E. icliou is a court procedure to remote a temp. The
Landlord tray also evict f lte Tenant for any one of the other
grounds of good cause allowed by low. Eviction is started by
the filing of a complaint in court and the service of a sununoos
ona tenant n appear in court. After oblainingajudgment for
possession and compliance with lute warrarn of removal, the
Landlord (nay re-enter and take back possession of the
House. If thecause foreyiction is non-payment of rent, notice
does not have to be givro to the l'enanl before the Landlord
filet a cot;tpl:tim. If there is ally other cause to evict, the
Landlord nmsl give to the lcnam the notice required by lave
aclorc the Landlord files a complaint for eviction.
Damages
the 1"cnant is liable for all damages caused by the
cn:utt s violation of any agreement in this Lease. This
nducics reasonable anorncy''s fees and costs.
After eviction the Tenant shall pay the unpaid Rent for
he l-crm m" until the Landlord re-rents the Ilousc, if sooner.
I the Landlord re-rents utc House for less than file Te nil m's
Rem. the..-1 enanumusl pap the difference until tine end of the
Tcnn. If tl'te Landlord re-rents the (louse for more than the
Temnt's Rent, file "tenant is not entitled to the excess. I he
1"matt shall also 11;1\(11) all reasonable expenses incurred by
file Landlord in preparing the [louse for re-renting arid (b)
commissions paid to a broker for finding a new tenant.
8. Quiet Enjoynreul
l he Landlord has the right to emct into this Lease. If the
Tenant complies with this Lease. the Landlord must provide
the Tenant %%-ills undisturbed possession of the House.
9. Utilities and Services
The Tenant shall arrange and pay for all utilities and
services furnished to the Ilouse, including the following:
(a) Ilcat (c) Electric (e) Trash Removal
(b) (lot and cold water (d) Gas (f) Sewage
l he Landlord is nol liable for any inconvenience or harm
caused by any stoppage or reduction of services beyond the
Landlord's control. This does not excuse the Tenant from
paying Bent or the Landlord front promptly taking corrective
action.
10. Tenant's Repairs and Maintenance
l"hc I"enatit shall:
(a) pay for all repairs, replacements and damages
caused by the act or neglect of the l-enant, the Dena tit's family
and domestic employees.
(b) Keep and maintain the House and grounds in a
neat. clean. safe and sanitary condition. Vehicles may be
driven or parked only in the driveway or in the garage. The
Tenant shall not allow injury to the landscaping.
(c) Take good care of the Ilouscand all equipment
and fixtures in it.
(d) Keep the furnace clean. (See Rider A, 1. )
(c) Keep the walks and driveway free from dirt.
garbage, snow, and ice.
(n Keep nothing in the [louse which is inflam-
mable, dangerous or nigh( increase the danger of fire or other
casualtc.
(g) Promptly notify the Landlord when there are
conditions which need repair.
(h) promptly remove h'om the House all garbage
and debris and lake to the curb for collection.
fit Use all electric, plumbing and other facilities
safely.
1,) Do riot hi ng to cause a cancellation or an increase
in the cost of Landlord's fire or liabiliq insurance.
(k) Use no mot clecuicirc than the wiring or
feeders to the House call safely carry.
(q Obey arc •.vriuen instructions of the Landlord
for me care and use of appliances, equipment, and other
personal property in the House.
(nn) Do nothing to destroy, deface, damage. or
remove anv part of the House.
(n) Donothinglodcsuuythc peaccandquicf oflhe
landlord. otoe tenants or persons in flue neighborhood.
(o) promptly comply with all orders and rules of
the Board of Ilcahh or other audtorif ics goyerni ng the [louse
which are directed to the tenant.
11. Landlord's Repairs
'file Landlord shall make any necessary repairs and
replacements to the titan facilities seeing tine House within a
reasonable time after notice by the I croint.
12. Access to House
The Landlord shall have access to the House on
reasonable notice to the Tenant to (a) inspect the House, (b)
make necessary repairs, alterations, or improvements, (c)
supply services, and (d) show it to possible buyers, mortgage
lenders, contractors and insurers.
The Landlord may show the House to rental applicants
at reasonable hours on notice to the Tenant within 3 months
before the end of the Term.
The Landlord may enter the House at any time without
notice to the Tenant in case of emergency.
13. No Alterations or Installation of Equipment
The Tenant may not make any changes or additions to
the House without the Landlord's written consent. This rule
includes but is not limited to:
(a) Installation of panelling, flooring, built-in dec-
orations, partitions, moldings, or any other fixture drilled into
or attached to the floors, walls, or ceilings.
(b) Installation of any locks or chain-guards.
(c) Painting, wallpapering, or other decorations.
(d) Installation of any equipment or wiring.
(e) Change in the plumbing, cooking, air con-
ditioning, electrical or heating systems.
All changes or additions made without the Landlord's
written consent shall be removed by the Tenant on demand.
All changes or additions made with the Landlord's
written consent shall become the property of the Landlord
when completed and paid for by the Tenant. They shall
remain as part of the House at the end of the Term unless the
Landlord demands that the Tenant remove them. The Tenant
shall promptly pay all costs of any permitted changes and
additions. The Tenant shall not allow any mechanic's lien or
other claim to be filed against the House. If any lien or claim is
filed against the House, the Tenant shall have it promptly
removed.
14. Fire and Other Casualty
The Tenant shall notify the Landlord at once of any fire
or other casualty in the House. The Tenant is not required to
pay Rent when the House is unusable. If the Tenant uses part
of the House for living purposes, the Tenant must pay Rent
pro-rata for the usable part.
If the House is partially damaged by fire or other casualty
the Landlord shall repair it within a reasonable time. This
includes the damage to the House and fixtures installed by the
Landlord. The Landlord need not repair or replace anything
installed by the Tenant.
Either party may cancel this lease if the House is so
damaged by fire or other casualty that it cannot be repaired
within 90 days. If the parties cannot agree, the opinion of a
contractor chosen by the Landlord and the Tenant will be
binding on both parties.
This Lease shall end if the House is totally destroyed. The
Tenant shall pay Rent to the date of destruction.
If the fire or other casualty is caused by the act or neglect
of the Tenant, the Tenant's family or domestic employees, the
Tenant shall pay for all repairs and all other damages.
15. Liability of Landlord and Tenant
The Landlord is not liable for loss, injury, or damage to
any person or property unless it is due to the Landlord's act or
neglect. The Tenant is liable for any loss, injury or damage to
any person or property caused by the act or neglect of the
Tenant, the Tenant's family or domestic employees.
16. Subordination to Mortgage
This Lease and all renewals of this Lease shall be
subordinate to all present and future mortgages on the House
and grounds. Ina sale of the House and grounds arising out of
a court proceeding known as foreclosure, the holder of a
mortgage on the House and grounds may end this Lease. The
Tenant shall sign all papers needed to subordinate this Lease
to any mortgage on the House and grounds. If the Tenant
refuses, the Landlord may sign the papers on behalf of the
Tenant.
17. Tenant's Letter
At the request of the Landlord, the Tenant shall sign a
letter stating that(a) this Lease has not been amended and is in
effect, (b) the Landlord has fully performed all of the
Landlord's agreements in this Lease, (c) the Tenant has no
rights to the House, except as stated in this Lease, (d) the
Tenant has paid all Rent to date, and (e) the Tenant has not
paid Rent for more than I month in advance. The letter shall
also list all the property attached to the House which is owned
by the Tenant.
19. Notices
All notices gi•ren under this Lease must be in writing.
Each party must accept and claim the notices given by the
other. Unless otherwise required by law, they maybe given by
(a) personal delivery, or (b) certified mail, return receipt
requested. Notices shall be addressed to the Landlord at the
address written at the beginning of this Lease and to the
Tenant at the House.
19. No Waiver
The Landlord's failure to enforce any agreement in this
Lease shall not prevent the Landlord from enforcing the
agreement for any violation occurring at a later time..
20. Survival
If any agreement in this Lease is contrary to law, the rest
of the Lease shall remain in effect.
21. Renewal Lease
The Landlord must offer the Tenant a renewal lease to
take effect at the end of the Term unless the Landlord has
good cause as defined by law. The renewal lease may contain
reasonable changes, including any change in the Term. If the
Landlord must offers renewal lease, the Landlord shall notify
the Tenant of the renewal lease at least 120 days before the end
of the Term unless the tenancy is month to month. The Tenant
must notify the Landlord of the Tenant's acceptance or
rejection of the renewal lease at least 90 days before the end of
the Term. If the Tenant fails to notify the Landlord of the
Tenant's acceptance, it will be considered a rejection. If the
Tenant does not accept the renewal lease, the Tenant must
vacate the House at the end of the Term.
22. Furniture
If the House is leased in furnished condition, the Tenant
shall maintain the furniture and furnishings in good orderand
repair. A list of the furniture and furnishings is attached to this
Lease as"Rider A". The Tenant's signature onRiderA means
that the list is accepted as correct and all items are in good
condition.
23. End of Term
At the end of the Term the Tenant shall (a) leave the
House clean, (b) remove all of the Tenant's property, (c) repair
all damage including that caused by moving, and (d) vacate
the House and return it with all keys to the Landlord in the
same condition as it was at the beginning of the Term, except
for normal wear and tear.
If the Tenant leaves any property in the House, the
Landlord may (a) dispose of it and charge the Tenant for the
cost of disposal, or (b) keep it as abandoned property.
inding at the end of this three-day period unless an attorney
tr the Tenant or the Landlord revietAs and disapproves of the
ase.
;natures
messed or
ested by:
The attorney may also, but need not, inform the Broker(s) of
any suggested revision(s) in the lease that would make it
satisfactorv.
The Landlord and the Tenant agree to the terms of this Lease by signing below. If a party is a
corporation, this Lease is signed by its proper corporate officers and its corporate seal is affixed.
to Landlord
:o Tenant
SEAL
Doris E. Fahnestock Landlord
SEAL
Maxim-F nestoc Landlord ??
sEAi.
e>te iege - tenant
sEAr.
Tenant
i.,rruerions to preparer: If t-ou are nor a real -star,, hrok-r or salesperson lieewed hr the New Jersey Real Estate Commission. you ntar delete this language.
Rider A
Attached to and made a part of House Lease for premises located at 23 N.
Baltimore Avenue, Mt. Holly Springs, PA dated October 15, 2001 by and between
Renee Siegel, Tenant, and Doris E. & Max A. Fahnestock, Landlords "and
representatives".
1. 10(d) Change to: Landlord will maintain the furnace.
2. Tenant shall not place or use any heavy furniture (such as
water beds, safes, etc.) in the house without written permission
of the Landlord.
3. 10(b) Add: Landlord will direct and may assist in the maintenance
of the grounds. Tenant will be responsible for grass mowing and
flower beds and snow removal.
4. 8 Add: Landlord reserves the right to build, erect or alter the
property (including house and grounds). Tenant shall be properly
notified and Tenant's quiet enjoyment shall be maintained.
5. No pets are permitted.
6. 22 Add: Landlord has provided a refrigerator, stove, washer and
dryer at the cost of $4.00/Mo./Each In the event tenant
provides these appliances cost will adjusted pro rata.
7. Premises will be occupied by tenant plus three children. All other
permanent occupants must be approved by Landlord.
Landlord ?,`? ? ? o 0
Doris E. F' estoc Date
tCu[ q. S to f'vt!K- /,0 .,e / /
Max A. F estoc Date
fQ /f
Tenant -)
Re ee Siegel Date
Exhibit B
Itemization of Damages
Unpaid Rent for Premises:
October 1, 2002
November 1, 2002
December 1, 2002
January 1, 2003
February 1, 2003
March 1, 2003
April 1, 2003
May 1, 2003
June 1, 2003
July 1, 2003
August 1, 2003
September 1, 2003
October 1, 2003
Total Unpaid Rent:
Appliance Rent Split Payment Fees & Unpaid Utilities:
Fee (partial) for split rent payment - June
Appliance Rent - July 1, 2002
Fee for Split Rent Payments - July
Partial Appliance Rent - August 1, 2002
Fee for Split Rent Payments - August
Partial Appliance Rent - September 1, 2002
Fee for Split Rent Payments - September
Appliance Rent - October 1, 2002
Appliance Rent - November 1, 2002
Appliance Rent - December 1, 2002
Unpaid Utilities (Water, Sewer, Trash from 9/30/02 - 10/31/02)
Total Unpaid Appliance Rent, Split Payment Fees:
Exhibit "B"
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$2.33
$16.00
$5.00
$4.00
$5.00
$4.00
$5.00
$16.00
$16.00
$16.00
$402.04
$6,500.00
$491.37
Damages/Improvements: __Repaired broken door glass in kitchen
Replaced dryer fuse 5 times because of
improper use by Defendant
Snow removal - 1/7/02
Blown fuse on 2"d floor - 1/28/02
(Defendant overloaded circuits)
Blown fuse on 1 t floor bathroom - 2/25/02
(Defendant overloaded circuit)
Install additional TV wiring & outlets at Tenant's
request on 2/26/02 and 3/30/02
Repaired new refrigerator door 3/20/02.
Damage caused by Defendant
Checked water pipes for leaks - 6/14/02.
Defendant insisted piping was bad. No problem found.
Ceiling fan installed at Defendant's request - 8/9/02
Repaired closet door damaged by Defendant
Replaced rear storm door damaged by Defendant
Labor to install outside light and venetian blind
Remove Trash on 11/11/02
Clean Up - Water ($35.00), Misc. Kitchen Fan ($15.00)
and Yard ($25.00)
Total Damages/Improvements:
Unpaid Furniture Invoice dated December 4, 2001
Less Defendant's Deposit w/ Interest
Total:
$100.58
$75.00
$35.00
$25.00
$25.00
$210.00
$35.00
$25.00
$75.00
$35.00
$100.00
$40.00
$50.00
$75.00
$905.58
$60.00
(1510.37)
$7,446.58
Exhibit "B"
Exhibit C
INVOICE
Sold to Renee Siegel
White Provincial Bed Frame, Mattress, Box Spring, Dresser & Mirror $350.00
White Wicker 3-drawer Nightstand 30.00
White Wicker Chest with 3 drawers & cabinet
60.00
Total
$440.00
I agree to pay Vicki Fahnestock $
balan is satisfied. C. every G until the
Ren a Siegel Date
DATE PAYMENT BALANCE INITIAL
%2 7 0% %o.oo J-0 00 ?F
o ,U
O
oo `to .on pF
acs m p
y'1y`li ?? °a
EXHIBIT "C"
Exhibit D
October 28, 2002
To Whom It May Concern:
1 authorize Max A. Fahnestock and Doris E. Fahnestock to act as my agents in
collecting the debt owed to me by Renee Siegel.
Vicki L. Fahnestock
23 S. Baltimore Ave.
Mt. Holly Springs PA 17065
EXHIBIT "D"
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Max A. Fahnestock
Doris E. Fahnestock
F. BFI LES\DATAFILE\Gend...,c\GEND0002\8549-8. c..
CERTIFICATE OF SERVICE
I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Complaint was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Philip C. Briganti, Esquire
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By ? >« ?? ?e
Christina N. Yost^
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 21, 2003
(Ji
MAX A. FAHNESTOCK and : IN THE COURT OF COMMON PLEAS OF
DORIS E. FAHNESTOCK, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. :
NO. 2002-5623
RENEE M. SIEGEL, :
Defendant : CIVIL ACTION-LAW
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
COMES NOW Philip C. Briganti, Esquire, MidPenn Legal Services, counsel for the
defendant, Renee M. Siegel, in the above-captioned matter, and respectfully requests leave to
withdraw as counsel for the following reasons:
1. The undersigned counsel agreed to represent Defendant in the above-captioned
matter, which is an appeal from a district justice judgment.
2. Subsequently, Defendant moved out-of-state, and gave counsel an address and phone
number at which she could be contacted.
3. Counsel was served with a Complaint in this matter on January 21, 2003, after which
he repeatedly tried to contact Defendant by telephone at the number she gave him, without
success.
4. On January 27, 2003, counsel mailed a letter to Defendant at the out-of-state address
where she said she would be staying, stating that the Complaint had been served and requesting
that she contact him.
5. On February 6, 2003 and February 9, 2003, Defendant left voice mail messages for
counsel when his office was closed, indicating that she had been in a car accident and would not
be able to travel for awhile, but that she would call him the following week. She also indicated
that she was no longer staying at the address she had given him, and had no new address or
phone number where he could contact her. However, she stated that counsel could write to her
at an out-of-state post office box address.
6. On February 7, 2003, counsel was able to reach by telephone the person with whom
Defendant had been staying, who informed him that Defendant had moved out several weeks
earlier and left no address or number where she could be reached.
7. On February 7, 2003, counsel mailed Defendant another letter by regular and
certified mail to her out-of-state post office box address. The letter sent by regular mail did not
come back, and the certified mail letter was returned with a notation that the box had been closed
and that there was no forwarding order.
8. Counsel has contacted other individuals in order to determine Defendant's
whereabouts, without success.
9. Defendant has not contacted counsel since she left the voice mail message on
February 9, 2003.
10. Defendant's twenty-day deadline to respond to Plaintiff's Complaint has passed,
and Plaintiff s counsel has informed Defendant's counsel that he intends to pursue a default
judgment if an answer is not filed shortly.
11. Counsel is unable to file a responsive pleading to Plaintiff's Complaint or
otherwise represent Defendant because she has failed to communicate with him and he has no
means by which to communicate with her.
12. The retainer agreement executed by Defendant and the undersigned counsel
authorizes the withdrawal of counsel if Defendant fails to reasonably cooperate.
13. Plaintiff's counsel has indicated that he has no objiection to the undersigned
counsel withdrawing as Defendant's attorney in this matter.
WHEREFORE, the undersigned counsel for Defendant respectfully requests that he be
granted leave to withdraw as her attorney.
Respectfully submitted,
Philip C. riganti
Counsel for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I, Philip C. Briganti, hereby verify that that I have read the foregoing Petition for Leave
to Withdraw as Counsel, and that the statements therein 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 P.S. Section 4904, relating to unsworn falsification to authorities.
Date: eel
Philip C. B' iganti
CERTIFICATE OF SERVICE
I, Philip C. Briganti, hereby certify that I am this 18th day of March, 2003, serving a
copy of the foregoing Petition for Leave to Withdraw as Counsel upon the following by first-
class U.S. mail, postage prepaid:
David R. Galloway, Esquire
MARTSON, DEARDORFF, WILLIAMS
& OTTO
10 East High Street
Carlisle, PA 17013
' h
ilip C. riganti
Counsel for Defendant
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
C}
-
C
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MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK,
Plaintiffs
V.
RENEE M. SIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-5623
CIVIL ACTION-LAW
O_
AND NOW, this ? Y day of rya ck
2003, upon consideration of
the Petition for Leave to Withdraw as Counsel filed by attorney Philip C. Briganti, MidPenn
Legal Services, it is hereby ORDERED that said counsel is granted leave to withdraw as the
attorney for the defendant, Renee M. Siegel, in the above-captioned case.
By the Court:,
David R. Galloway, Esquire
Counsel for Plaintiff
Philip C. Briganti, Esquire y' 0'3
Counsel for Defendant
VNV'i`?
, I : t I , 'f -1 "
MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK, h/w
Plaintiffs
V.
RENEE M. SIEGEL,
Defendant
TO: RENEE M. SIEGEL, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5623
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
You are hereby notified that on April d ?" , 2003, the following Judgment was entered
against you in the above-captioned case: $7,446.58, plus costs of suit and interest from date of
Judgment.
Date: /?(t 02 y o?jj (/
rothonotary ?'?
I hereby certify that the name and the last known addresses of the proper person to receive
this notice under Pa. R. Civ. P. 236 is:
Renee M. Siegel
P.O. Box 34
Mt. Holly Springs, PA 17065
Renee M. Siegel
P.O. Box 577
Whittler, CA 90608-0577
F:IFILESIDATAFILE\General\Documents\8549-8. not 1 /tde
Created: 4/4/03 113:27 PM
Revised: 4/23/03 8:36:16 AM
8549.8
MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK, h/w
Plaintiffs
V.
RENEE M. SIEGEL,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5623
CIVIL ACTION-LAW
: JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant in the amount of $7,446.58 plus costs of suit and interest from date of judgment for failure
to file an Answer to Plaintiffs' Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to the Defendant at the address indicated thereon, on April 4, 2003, which date
was subsequent to the date default occurred and at least ten (10) days prior to the date of the
Praecipe.
MARTSON DEARD
David R. Galloway
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
WILLIAMS & OTTO
Dated: April 23, 2003
F: \FILES\DATAFI LE\GeneraADocuments\9549-9. not I /cny
Created: 414/03 1:13:27 PM
Revised. 4/4/03 1:19:15 PM
65498
MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK, h/w
Plaintiffs
V.
RENEE M. SIEGEL,
Defendant
TO: RENEE M. SIEGEL, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5623
CIVIL ACTION-LAW
: JURY TRIAL OF TWELVE DEMANDED
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED 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
r. CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON DEARDORFF W
By
David R. o ay, Esquire
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
& OTTO
Dated: April 4, 2003
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe for Entry of Default Judgment was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Renee M. Siegel
P.O. Box 34
Mt. Holly Springs, PA 17065
Renee M. Siegel
P.O. Box 577
Whittler, CA 90608-0577
MARTSON DEARDORFF WILLIAMS & OTTO
By
ricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: WZ-?, Zou
CZ)
d r._ k n
J
v,
My
F:\FILEWlients\8549 Fahnestock\8549.8.pra/drg\tde
Created: 12/10/02 0836:13 AM
Revised: 06/13/0802:11:33 PM
8549.1
MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK, h/w
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V. NO. 02-5623
RENEE M. SIEGEL,
Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please file the attached Affidavit of Service for the above-referenced matter.
MARTSON LAW OFFICES
Date: //'3/or
By
Katie J. MaxwtOYEsquire
I.D. No. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
s-
ti
FARLEST ients\8549 Fahnestock\8549.8.notice.subpoena
MAX A. FAHNESTOCK and
DORIS E. FAHNESTOCK, h/w
Plaintiffs
V.
RENEE M. SIEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-2528
: JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, Gerald Henneman of Henneman's Private Investigation, being duly sworn according to law,
depose and state that a copy of the attached Writ of Revival was served on Renee M. Siegel by
hand-delivery on the 1 a, day of T NE' 52008.
Gerald Henneman
Henneman's Private Investigation
Sworn , ?t,o? an?d subsc 'bed before me
this 1? day of , 2008.
Not blic
COMMONWEALTH OF PENNSYLVANIA
WotwW Seal
Mary M Prfoe, NoWy Pubkc
came Corrxn WnE)0rftXQ-1ff, 11
Member. Penmovenle Atwalstlon of Nota?lea
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto, Gilroy & Faller,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the
Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows:
Ms. Renee M. Siegel
1026 Ritner Highway
Carlisle, PA 17013
MARTSON LAW OFFICES
By:
M ar)kNffprice
Ten E High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Ce It 31o a",
r--3 CJ
CAD
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