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Home My WebLink About00-04668 COMMONWEALTH OF PENNSYLVANIA d COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT . DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. QD- 'I /,t, ~ lid 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 Distrid Justice on the date and in the case menfioned bel"", NAME OF APP8..LANT MAG. Ol5t NQ OR NAME OF OJ. 09-3-05 STACEY L. BA~RICK ADDRESS OF APPEUANT CITY STATE ZlPCOOE DATE OF JUDGMENT 28 WEST LOUTHER STREET CARLISLE PA IN THE CASE OF (pt,intlff) 13IZANO.....s OI€Hl..) FI?A,.!.'~"di:!F~N4rv ~ JOSEPH A. NAPOLI ~ STACEY BARRICK CV ~ 133-00 SGNATUREOfAPPEllANTO'H1~ATTO'NEY~AG/ . LT19 ~<<~. This block will be signed ONLY when this notation is required under Po. R.cP J.P. No. 10088. . . This' Notieeof Appeal, when received by the District Justice, will 'operate "" c:I SUPERllEDEAStailti! judgmehHili ~os$essi"";'inthisCase. 17013 06/06/00 ClAIM NO. Signature of Prothonotary or Deputy If appell<mtwas qAIMANT (see Pa. R.CP.JP. No. 1001 (6) in acfion-beforeDistrict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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. HC.P.JP. No. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: Ta Prathonotary JOSEPH A. NAPOLI 1001 (7) in action before District Justice. Enter rule upan (Common Pleas No. ():)-~tDr Name of appeffee{s) . ~J , appellee(s), 10 file a complaint i~thi~.appeQI ) within twenty (20) days after service of rule or suffer-entry'o "'udsmentofhOn'pra~ RULE: To JOSEPH A. NAPOLI Name of appe//ee(s) ,appellee(s). (1) You are, notified. that a rule,'is'hereby enli!red Gpon you 10 file a CClmplaint in this appeal within twenty (20) days after the date of service of this rule uppn you by. personal semce.... or by certified or registered mail. , ' . (2) If you do not file a complaint within this time, a JUDGMf;NT OF"-f;lON PROS WIll BE ENTERED AGAINST YOU. (3) The date of s~rVice of this rule if service was by'mail is t~dateof mailing. Date: ~..IM'" dJ'l .W~ ~, ;.~~ ~~~. ~L Signature or Deputy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ""~~~!l!fI'I>-'~'!'1pc:.,__,,:,,~~.,;!l'_~~f_;;m"\'i,w'N;\-",,1'1~'~~^'.,_~_.___" _'_.""= n. ~~__^, ~~,~""""'-""""""""""" ~,~'!!'_~ ~ JlO!'!O!I'~~, ~~~.L __ ,,,,,",,,,,,""'~'''''':O_"",,~~"'_'~'''"'''''''''''~~__>__" ; ^~ . -, ~.--~ - . ~- - -" .-_.' '^ _, ","> ._ -,", _ _~" d< ,-. ... ~ PRQO.f' o.F~I:RVICE OF NOTICE OF APPEAL ANO RULE TO FII.E COMPLAINT (This proofof service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swe,~r.or affirm that I served "" ", ." ,-'-" ---,,-,'-' o a copy of the Nj'ltice. ofAppe'l.I,::lj~dl:l1mDn Pleas N.o, , upon the District Jlistice designated therein on (date of service). . ,19_. 0 by personal service 0 by (certified) (registeied) mail.sender:s . receipt attached ~ereto, andupdnthe appellee, (name) ,on .;,1;9 Flbypersonal service 0 by (certified) (registered) mail, send~r's rec~lpt att~c~,~d,hereto, o "andlurtherthell seryed the R~le to File a Complaint accompanylngtheabqve Notlceq!,Appeai,uPOfl:t~'appellee(sj:IO whom t'he Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered) '-', .. ' mail, seil'der's r,,'celpt attached hereto, SWORN (AFfiRMED) AND SUBSCRIBED BEFORE ME ':',,;, THIS DAY OF ,19_ ~gnatHr.:~f.O! affjant Signature of offiCial befo/a whom affidavit was made Tide of official'; My commls$'i0n ;e)(;Pires,pn, ,19~. i;c ~ ~ .:.,~ '\ ,'.. ~: .:.....~ "'" ' lv ~ --.J..,..~ ~. ~ ~ ' ~ ~ .r.t\.' ...~.. , ";-\ '-.j "': 10 " , 1,~' ~ ..~.~ '- , (") C ;;;: -OW ~~. . ,Z.t;: '21-; I~O .~ 'ZO EO ....C .~ .0 o t- S; ....,;;:;.-, C'~-;:; -;1 .1'p -",:;1"71 -nO c)h -~,-'f\ f")'"'"!J "".b 7-,;[11 ~ ~ ,- u -n ~ -0 ::x . Y?, c::- -.J ~ ,~_~'$;l'ti!ii';,~"f""T.";+,*1r~i8i'!i'~'i'i"~''%'ftk!C'~'',f)\*'''l--;;r"--''''""~"""'l!w.~ - ~ ..I",. ;~i:ft*!M$il~~Wl;1'i1i'\'l<\'''':'''-'FJ- '0" -, --" '---"':""'<-",'f-Ii!'J'~''''E'''''~"-;,,,*-,,,'~%~' ,- <" '''T} >',;'-,\S"'''8fiW!f!:Ii':'-:~'ij~ !;,l\i ~f}':,: ,j ~:t.':.r/i,~!EhT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 NOTICE OF JUDGMENT/TRANSCRIF OIVIL CASE PLAINTIFF: ; NAME and AOORESS 'NAPOLI, JOSEPH A. 4055 CHIPPENDALE CT. RICHMOND, VA 23234 L 4 Mag, Dist. No.: OJ Name: Hon. GAYLE A. ELDER Add"', 507 N. YORK ST. MECHANICSBURG, PA VS. T",phoo" (717) 766-4575 17055 DEFENDANT: NAME and ADDRESS IoIEHL, BRANDON, ET AL. C/O 1 FIELDCREST DRIVE ~CHANICSBURG, PA 17055 Docket No,: CV- 0000133 - 00 Date Filed: 4/28/00 STACY BARRICK C/O 28 W. LOUTHER STREET CARLISLE, PA 17013 'r{ THIS IS TO NOTIFY YOU THAT: Judgment...,;;,' ~'FOR' pr.AINTIFF [iJ Judgment was entered for: (Name) NlI por.T, .TOl'lRPH II [iJ Judgment was entered against (Name) RlIRRTCK, S'I'Jl.CY 'H" :,}:1.L ;;.!'>~ I... ..t, . :.,.:.' )',': in the amount of $ 4 1?-1 '71 on: (Date of Judgment) (,/0(,/00 . o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 3.967.71 Judgment Costs $ 156.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4.123.71 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o o Levy is stayed for days or 0 generally slayed, Objection to levy has been filed and hearing will be held: . . - .. - - ~ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTrTRAI\lSCRIPT FORM VVITH YOUR NOTICE OF APPEAL / / ( ,bate " " , District Justice I certify that this is a true and correct copy of the regord of the proceedings c,QJJtaining the judgment. (' ;: (( Date . :" , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL " -,^,,' ~" " . 4, ", 1:'--" ,''1,-""_"",,,,,,,,,,.,.=,,,=,,,,~~_,,,,,,,,=,,,,,.,,,~,,,,,,_,_ ,',==..,.,__"",_~-__"",,~--,,_,~,L_,~ ^' ".'_'__y __ _" ',.' " " _~,_,___~"_ ,C~";";;' --,,~--,--", '<<~<I<'" '-, ;n<'2~,j.-0\'$'S,>~"- J' COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS NOTICE OF AP"~AL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (l) - 'I t.t. '? ;i4 NOTICE OF APPEAL Notice is given thot the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned' below, ,-,> -- ., --~ > ADDRESS OF APPELlANT CTY I MAG DIST NO OR NAME 0. O! . 0.9,-3-0.5 STATE ZIP CODE NAME OF APPB.LANT .S!!,'AI;EY L. ~AR,RICK 28 WEST LOUTHER STREET CARLISLE PA DATE OF JUDGMENT IN THE CASE OF (Piaintlff) BRtVv~o,..J I)I~H_,,:,). f@ta:LeMar:l~.c1'V41'V 4 0.6/0.6/0.0. JOSEPH A. NAPOLI ~ STACEY BARRICK CLAIM NQ cv 1IlW ~GNATU1<E OF APPElLANT OR HIS AT;;v;:..,AGE7'< " ...... 133~OO. ~~,~ LT 19 )if"~f' : . J '. This block will be signedtONLY <when,Jhis noblfionis required under Po. R.C.P.J.P..No, ., If appeJiant.iNa$CLAlMANT<lsee Pa. R.CP.JP. No. ~~?8~tice of Appeal, when received ;,y"\f./[ji~trictJusti~~, will "I'~ro'" as a 10oi(6) in action befOfeDisttiCtJustice, he MUST SUPERSEDEAS 10 tl'ie judgment fof PossesSion in this cas": '. 'FI~E ACOMPL"'AINTWithi? tWenty (20) days after fili'1g his NONjE.of APPEAL,. 1'11)13 Signature of Prothonotary or Deputy ~':'~~ES~,~~,RRULE TO FILE COM~~~ltlIlAN~:~~i~~!?I'~LE ;; (This section orf6mJ to be used ONLY when'appellant was DEFENDANT (see Pa. HCP.JP. No. 1001.(71 in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee), ' ~< i" " PRAECIPE: To Prothonotary JOSEPH A. NAPOLI 1: ., Enter rule upon (Common Pleas No co- ~t.0r Name of appelfee(sJ ~M"/ . ,appellee(s);tafile a complaintWthi,sqppea! ) within twenty (20) daysafter";;';'i~:.J,:WleOl"suffw.enlry"of' dgme,"'"frnonl'ro5: .......".""..,...~. -. "', ,(i( :)~'1 "t _ " -- ", .:f; < _~','~ (fl, ' " - .~ ,-:..'~!Wi!tp!1r appellant or his attorney or agent RULE: To ,TO!':F.PH A _ NAPOT.T Name of appeJ/ee(s) . appellee(s). (1) You ate notified that a rule is hereby enlered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you Qy personal service or by certified or registered mail. ~ (2) If you doootfile a complaint within this time, a JUDGMENr OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The d~'lf serViCe of this rule if service Was by mail is the dote of mailing. Dole: Y//.Me .',;,)~ . ~~ .' '>t?:f;A4("; /:-'. ~k. ~ Signature or Deputy AOPC 312-84 COURT FILE ,-- ,,!lj.'li?~~r;W4.c" 1",,[[[ ~" .. _~":~r: ,-, ."~ - ":c.., ..ar.~~,<, ;rr~-e .: '_0"" ')1_ k)';l "'~~', .\; i~; y ::~~<~ ';:. ~j(-:' ;'!'-';J"..,,~:..:;'_;, ,:;(' <:~-;r~' n::.>/;, " .,~.:+,:!-- '-':" ..,.,. _..-)..,'..' -" j; ",: ~"'" "PBO~OfOESJ:RVJCE~QF fllOTlCE OF APP"EALAND, RULE TO FILE COMPLAINT :- ,r, ~,!"",_,_I '~r_ _C/ ,-,'- ::'..\\-: --..--.- ... ....- - ._.~- - -""--~..- ----' - ..--,,- -. '-'!_1;;~,:.',:-c'~,;:-::;{; ",__ (Thisproof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Chec!kapfjllcable boxes) COMMOtfWEALTH OF PENNSYLVANIA eUMBE-R:LANP COUNTY OF "Hi .... /.;, ; IS AFFtDA VIT:" 1 herebyswe:itior aflirmthat I 'served ~ a copy of the Noti(;~o.rAppeal,C6mI)J9'ri.,Pl(las No, 00-4668 ,upon the District Justice ~~sijqnated therein on , ''', (d~t"~fSl~."Vi~!,-! ~_JJJNE_,~;2 ,,','~ ,2 09Q : Dbyp~r~o~;service: .ID~by:(~r;nffed(~mail, sender'" receiPn!ttached'hereto,an1~f?'the''appellee, (name) ',,' - "J:GJSErPiILA..' ni'.F'O[;1]~,~;~;:-.~.-,;-", on ,Jll'Nf'. :2~",,~ .' " ,,:~ypersonal servic~~ by (certifie'd) (~i!t~~) rrt~!~"~~jnd~~~" re~~.i~t ,atta,c~e~ her,~,I?' 5i.and/pa~~r'h~1 },serYe'dthe'Rp leJ,o:\iil~,aCom p I ai nt accom pan~iaro\'1e 'lbov,eNoti~ oJ APPe''l1,4B~.,1hfi'lPp@~I@e'{~ .!,,""hom ' the Ru!.e was addressed on JUNE 29 ,JFllC_ 0 by personal servlceK! by (certified) (Je1f~~~jX , '-..' ,":',_i":':'\ \,--' '-:1' :,'; - - _" ~, , '-',n>,'! ' , mail, sender's receipt attached 'hat-atO'.' ,~-,< SWORN(!I~~ED)A~H}'j~'~? THIS DA1bF ' ,~ 'Y""-'~~'j~" ":, ,', ," ',',. ,_. ~.\; ,,-$ignatu~~'t.otaffiflnr ,-.-' Title 'of offiCi a" "..>'~j-' :. --" :\,!~taTlal ~eal " liCe ~ eei'Q.Oul!lbenand County ~~rIIml$Sl()I\J:xpites Nov, 29, 20G3 Mem6ef, pennsyIVan!aAsSociatiOilotNot8~iE'::: My,.commlSiiipl) e~pires ,on ..r ;J~ r',;.;: . "-I' , ,- .,~" . '-<"." ,....., ,.'-;-'W T-'--. ",,:~,' ,,~,.. ;" "':. 'j(<. ",;-,~" ..t -'F-e i;';" "N, ');-:'"- '~;<-d ~:, ,_': ,I,;' ,;"~ . ~")::' " ".';" J~\ ~ ,'I ,'" ;::'1 (') "",:~,t" -Om mm Z:1:1 ZQ '" U).'d f/,l.",-" 0 ?e. ;;;;,.:: Z"'/ ~O )>c: ~ o ,,0 ':~.,,--;: '-- Z ~ o ~J: :~ '-,-i;:~ =~J9' -.'.::{'~,~) ,-!~ =-8 ?~~r:~ .::::i )> ::n -< '-/', ""0 ::s: (~- 'D ,';,-:: ~~ c:; .. ~ <I> 0 ~ 0- ~l ~ ~ ~~ . of )ij u .l~ ""i> ~ 0 ~& '" € ~'" ~ 0 "''' ~1: " c. UO ~ :;~ oE ~ ~. U. "'0 :55 s u .u c ~~ !: '" 'r'rE2 hbS'[ S2lJlJ ~w ~~ .~.~ i5~ ua: 1;&:! &!-c: ~"E ",<1> ]~ ~ ~ ..... Q) &15 Q(J) -g ~{: !:!:!. a:~ <I> . . . ~ '" . ~ ~ o .. S !: hlJE2 hbS'[ S2lJlJ lJlJ9lJ lJlJlJL :{~ -' !~" ,- . ~~~ " "~~'~"'r:"l ~~- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Ilr-_ I: II Ii JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4668 CIVIL STACEY L. BARRICK, Defendant CIVIL ACTION - LAW NOTICE ii I II i I 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 a 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 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, P A 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. BY~~ Attorney for PlaIntiff - !: i I I JOSEPH A. NAPOLI and II. DEBRA A. NAPOLI, Plaintiffs i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4668 CIVIL STACEY 1. BARRICK, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW come JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs in the above ': captioned matter through their attorneys Snelbaker, Brenneman & Spare, P.C., and set forth the I following cause of action: 1. Plaintiffs JOSEPH A. NAPOLI and DEBRA A. NAPOLI are adult individuals residing at 4055 Chippendale Court, Richmond, Virginia 23234. 2. Defendant STACEY L. BARRICK is an adult individual currently residing at 28 West Louther Street, Carlisle, Pennsylvania 17013. 3. Plaintiffs are owners of a certain tract of land with a three bedroom residential dwelling located in Monroe Township, Cumberland County, Pennsylvania known and numbered as 135 Simmons Road (hereinafter referred to as the Premises). 4. At all times relevant to the averments in this Complaint, Defendant Barrick resided in the Premises. 5. Defendant orally agreed to assume all rights and obligations under the LAW OfFICES SNELBAKER, BRENNEMAN & SF'ARE terms of the lease dated October 15, 1996, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. I ~ 6. Barrick breached her oral agreement with Plaintiffs by failing to pay the I full $900.00 amount of rent due for the months of November 1999, December 1999, February 2000, March 2000 and April 2000. 7. The rent due under the lease for the months of November 1999, December 1999, February 2000, March 2000 and April 2000 has not been in paid in full and is in partial arrears as follows: a. Balance due for November 1999: $ 70.00 b. Balance due for December 1999: 450.00 c. Balance due for February, 2000: 335.00 d. Balance due for March 2000: 200.00 e. Balance due for April 2000: 900.00 Total $1955.00 8. A total of $955.00 rent was paid in January 2000. 9. The sum of $1,900.00 for past-due rent is due and owing to Plaintiffs by Defendant Barrick. 10. Despite demands for payment of past-due rent, Defendant Barrick has failed and refused to pay the sum of $1,900.00 to Plaintiffs. 11. Prior to vacating the Premises without proper advance notice to the Plaintiffs in or about March 2000, Defendant Barrick damaged the leased Premises, LAW OFFICES SNELBAKER, BRENNEMAN & SPARE caused waste and lor otherwise failed to surrender the Premises in substantially the same condition in which it was leased to Defendant Barrick, in that: various screens, windows and a door were damaged; -2- Ii ^~"-',, --'- >' , LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I"~,..,.,... ,. ~.'. _'.'",;"'~~:"'^f<V,.~,. '.,.,. II " I excessive amounts of trash were left inside the Premises, in the lower barn garage and basement; various items were left in the yard; the grass had to be re-seeded; the fireplace was damaged; the refrigerator and stove were left in deplorable condition; carpet padding in the living room had to be replaced; and there were other items of miscellaneous damage. 12. The specific items set forth in the foregoing paragraph were repaired or otherwise addressed by Plaintiffs paying an individual $18.00 an hour for 102 hours of work at a cost of $1,836.00 plus $5.00 in gasoline expense during April 2000 and $200.00 for carpet padding. 13. Defendant Barrick failed to pay a trash bill of $31.71 to Waste Management for the time period when she occupied the premises which bill was paid by Plaintiffs. WHEREFORE, Plaintiffs Joseph A. Napoli and Debra A. Napoli request your Honorable Court to enter judgment in favor of Plaintiffs and against Defendant Stacey L. Barrick in the amount of $3,972.71 ($1900.00 for past-due rent, $2,041.00 for damages/repairs and $31.71 for Waste Management bill) together with interest and costs of the District Justice action and this suit. Respectfully submitted, Dated: July 19, 2000 ::E~~MAN & SPARE, PC Phili . Spare, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiffs -3- ,-^ RBAL ESTATE LIASE This Lease Agreement ("Lease") is made effective as of October 15, 1996, by and between Joseph A. Napoli ("Landlord"),- Debra A. Napoli ("Landlord"), and John Swartz ("Tenant"), Frank Keenan (l"fenant"), Lonnie Spurlock (IlTenant") and Brandon Diehl ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant(s) 3 SR, 2 ~ SA Single Family Home ("P:!:'emiscsll) located at 135 Simmons Road, Monroe Twp, Cumberland County, Mechanicsburg, Pennsylvania 17055. FURNISHINGS. The lease of the Premises includes the furnishings listed: stove, refrigerator, dishwasher, ceiling fans, window mini-blinds, dehumidifier, automatic garage door opener, Jacuzzi, pool pump and filter. Tenant(s) shall return all -such items at the end of tIle lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. STORAGE. Tenant shall be entitled to store items of personal property in "the garage and/or lower shed, during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items. OCCUPANTS. The Premises may not be occupied by more than 5 person(s), consisting of 5 adult(s) and 0 child(ren), unless the prior written consent of the Landlord is obtained. TERM. The lease term will begin on October 15, 1996 and will terminate on October 31, 1997, or any extension thereof. RENEW-AL TERMS. This Lease shall automatically renew for an additional periOd of one month per renewal term on the same terms as this Lease, and will continue so from month to month until a new lease is signed or until either party gives written notice of the termination no later than six~y (60) days prior to the end of the term or renewal term. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease (IlHoldover Period"), Tenant shall pay to Landlord a lease payment for the Holdover Period based on the terms of the fOllowing Lease Payments paragraph. Such holdover shall constitute a month to month extension of this Lease. LEASE PAYMENTS. Tenant shall pay to Landlord a total annual lease payment of $10,800.00, commencing 1 November 1996, payable in advance, _LI1 inst.aL:'lllents of $900.00 per monLh on the first day of each month. Partial month payment of $450.00 is payable 15 October 1996 for the month of October 1996. Lease payments shall be made to the Landlord a~ Members 1st Federal Credit Union, Acct #112717-11, Mechanicsburg, Pa 17055, as may be changed from time to time by Landlord. LATE PAYMENTS. Tenant shall pay a late charge equal to 10% of the required installment payment for each payment that is not paid within ten(10) days after the due date for such late payment. 1 EXHIJ31T A Page 1 of 4 '"'[ " ~ NON-SUFFICIENT FUNDS. Tenant shall be charged $25.00 for each check that is returned to Landlord for lack of sufficient funds. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $100.00 to be held and disbursed for Tenant damages to the Premises (if any) as provided by law. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. USE 01? PRE!-IISES/ABSEJ:K.:'ES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. KEYS. The Tenant will be given 2 key(s) to the Premises. If all keys are not returned to the Landlord at the end of the lease, the Tenant shall be charged $25.00. MAINTENANCE. Tenant's obligation for maintenance shall include: - Routine care and upkeep of inte~ior of premises. - Lawn mowing and general yard care. - Pool maintenance and care to include proper winterization. Landlord's obligation for maintenance shall include: - All plumbing lines greater than 311 - all other items of maintenance not specifically delegated to Tenant under this Lease ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services in connection with the Premises. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. DANGEROUS ~T.ERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, inflammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a :'::"8Spons.i.ble insurance company, u{,las,:"J the prior "dritt~ln consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. TAXES. Real Estate Taxes and Assessments attributable to the Premises or the use of the Premises shall be paid by the Landlord. DEFAULTS. Tenant shall be in default of this Lease, if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 2 EXHIBIT A Page 2 of 4 I," ~ 'i'~ "':1':" thirty (30) day(s) (or any other obligation within thirty (30) day(s)) after written notice of such default is provided by Landlord to Tenant, Landlord may 'take possession of the Premises without further notice, and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses suffered by Landlord by reason of Tenant's defaults. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of hahitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord. PETS. The Tenant is permitted to have on the Pre~ises: no more than two cats, dogs, or combination thereof. No additional pets shall be allowed without the prior written cqnsent of the Landlord. ASSIGNABILITY/SUBLETTING. Tenant may not assign fir su lease any interest in the Premises without the prior ~. _.1 ~sent of Landlord, which shall not be unreasonably withheld. ~ NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: Landlord: Joseph A. Napoli Debra A. Napoli 10121A Palace Way Richmond, Virginia 23233 Tenant: John Swartz 140 Simmons Road Mechanicsburg, Pa 17055 Other Tenant (8) : Frank Keenan Lonnie Spurlock Brandon Diehl Such addresses may be changed from time to time by either party by providing notice as set forth above. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the cntirG iJ.grGcment of tha parties .3.nd there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 3 EXHIBIT A Page 3 of 4 r ~ ~ . ---, ", "' " ~ , cu.MULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the state of Pennsylvania. ADDITIONAL PROVISIONS: Tenants must maintain Solar Salt in water softener. Landlord does not certify or warrant basement without the use of dehumidifier. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals the day and year as written. LANDLORD: II '0 ~. In"".! I )Lonnie S ur , (eal) \ /1 a~'0-aj) .sc..~" Lee.- c.".SI:e.\ . \j 4.J>J:VJ iN te-<<.- -(J)- 90 Date TENANT (5) : Frank Keenan (seal) Brandon Diehl (seal) -;()-9& Date f- J, f)-f/ 4 EXHIBIT A Page 4 of 4 .\ " ~,0~,-"., LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ,.'. . ": _ '_: ~ H ,- ,--, I" , '! T ! I! I i CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy ofthe foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Michael A. Scherer, Esquire O'Brien Baric & Scherer 17 West South Street Carlisle, P A 17013 ~P'h' .\. {4. 1 1 . pare, sqUire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg,Pj\ 17055-0318 (717) 697-8528 Attorney for Plaintiffs Joseph A. Napoli and Debra A. Napoli Date: July 19, 2000 - ] II JOSEPH A. NAPOLI and DEBRA A. NAPOLI, P lai ntiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 00-4668 CIVIL TERM STACEY L. BARRICK, Defendant CIVIL ACTION-LAW J TO: Joseph A. Napoli and Debra A. Napoli c/o Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pennsylvania 17055 NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer With New Matter and New Matter or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER Date: S:Z .00 ~q.~ Michael A. Scherer, Esquire 1.0, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 00-4668 CIVIL TERM STACEY L BARRICK, Defendant CIVIL ACTION-LAW ANSWER WITH NEW MATTER 1,-3, Admitted. 4. Denied. Ms. Barrick moved into the premises in January, 1998, 5. Denied. Ms. Barrick has only ever spoken with Plaintiff, Joseph A. Napoli I on two occasions, and on both occasions she simply took a message for another roommate. Ms. Barrick never agreed with anyone to assume all rights and obligations under the written lease dated October 15, 1996, which is attached to the Complaint. 6, Denied. Ms. Barrick did not have an oral agreement with either of the Plaintiffs. 7. Denied. Ms. Barrick does not have information sufficient to form a belief as to the truth of the averments contained in paragraph 7 of the Complaint. 8. Denied. Ms, Barrick does not have information sufficient to form a belief as to the truth of the averments contained in paragraph 8 of the Complaint. 9, Denied. Ms. Barrick does not have information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of the Complaint. 10. Denied. Neither Plaintiff has ever made a demand upon Ms. Barrick for payment of any fees. I .., I" . i '-~ J~ . - ~ - " 11. Denied. Ms. Barrick contributed to none of the damage set forth in the Complaint The premises was in substantially the same condition when Ms. Barrick moved out as it was to the condition when she moved in, 12. Denied. Ms, Barrick does not have information sufficient to form a belief as to the truth of the averments contained in paragraph 12 of the Complaint 13. Denied. Ms. Barrick paid all costs attributed to her while she resided at the premises, WHEREFORE, Defendant, Stacey L. Barrick, respectfully requests that this Honorable Court dismiss the Plaintiffs' Complaint and enter judgment in her favor. NEW MATTER 14. In January, 1998, Ms. Barrick found herself spending substantial periods of time at the premises, and at that time agreed with Brandon Diehl that she would contribute towards the payment of the rent 15. Ms. Barrick never agreed to assume any of the obligations in the written lease which is attached to the Complaint, nor did she have a discussion with either Plaintiff that she would agree to the conditions in the written lease which is attached to the Complaint 16. The first time Ms, Barrick had ever seen the written lease which is 'I attached to the Complaint was when she received a copy of the Complaint 17. Ms. Barrick always paid a fractional share of the rent for the premises during each and every month she resided at the premises according to the number of persons who were then staying at the premises. I , I' '"I - 18. Neither Plaintiff completed a walk through of the premises at the commencement of the written lease term in September, 1996, and therefore the Plaintiffs do not know what condition the premises was in when it was leased pursuant to the written lease which is attached to the Complaint. 19, At least ten different people resided in the premises from September, 1996 through March, 2000, 20. Some of the individuals who resided in the premises during the period set forth in the preceding paragraph caused the damages set forth in the Complaint and owe rent as set forth in the Complaint. 21. Some of the damages set forth in the Complaint seek compensation for items which should be considered routine maintenance from the period of September, 1996 through March, 2000, some of whom were permitted to live there by the Plaintiffs. 22, To the extent the Plaintiffs are entitled to compensation for unpaid rent and damages, they should be apportioned among the tenants who signed the written lease. WHEREFORE, Defendant, Stacey L. Barrick, respectfully requests that this Honorable Court dismiss the Plaintiffs' Complaint and enter judgment in her favor. Respectfully submitted, O'BRIEN, BARIC & SCHERER mas.dir/genlitlbarrick.ans _?d<<ti:_c;~ Michael A. Scherer, Esquire 1.0. #61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 , -, Y: n VERIFICATION I verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are made subject to the , !I " I , I penalties of 18 Pa. C,S, S 4904, relating to unsworn falsification to authorities. SdtUli!(i 't3~.-I;'"", ) St y L. Barrick DATED: ?h; / dl> I I: ii, :,1 II! ',I, .1, , ;1 ~d - , >~-;1~"_"" -';'-:r"--'~-'-- ,~_,;_-~"--"-:' '_'~'__~_'_"_; ,_,,_,.,..-- __,_ ,<" 1J II CERTIFICATE OF SERVICE I hereby certify that on August 1 , 2000, I, Jennifer S. Lindsay, secretary to Michael A Scherer, Esquire, did serve a copy of the Answer With New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pennsylvania 17055 ~'. . Je nif . in~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE . I " JOSEPH A. NAPOLI and DEBRA A. NAPOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-4668 CIVIL TERM vs. CIVIL ACTION - LAW STACEY 1. BARRICK, Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, Joseph A. Napoli and Debra A. Napoli, and reply as follows to Defendant's New Matter: 14. Admitted in part and denied in part. It is admitted that in or about January, 1998, Ms. Barrick spent substantial periods of time at the Premises. After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Ms. Barrick agreed with Brandon Diehl that she would contribute towards the payment of the rent, therefore same is deemed to be denied and strict proof thereof is demanded at trial to the extent it is relevant to the issues. 15. Denied. It is denied that Ms. Barrick never agreed to assume any ofthe obligations in the written lease which is attached to the Complaint and further denied that she did not have a discussion with either Plaintiff that she would agree to the conditions in the written lease which is attached to the Complaint. 16. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to when Ms. Barrick first saw the written lease which is i~ LAW OFFICES SNEL8AKER. BRENNEMAN 8: SPARE attached to the Complaint; therefore, same is deemed to be denied and strict proof thereof is demanded at trial to the extent it is relevant to the issues. 17. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Ms. Barrick always paid a fractional share of the rent for the Premises during each and every month she resided at the Premises according to the number of persons who were staying at the Premises; therefore, same is deemed to be denied and strict proof thereofis demanded at trial to the extent it is relevant to the issues. 18. Denied. It is denied that neither Plaintiff completed a walk- through ofthe Premises at the commencement of the written lease term in September, 1996, and therefore the Plaintiffs do not know what condition the Premises was in when it was leased pursuant to the written lease which is attached to the Complaint. On the contrary, it is averred that the original tenants conducted a walk-through of the Premises immediately prior to taking occupancy in September of 1996. No problems were noted or reported at that time. Plaintiff Joseph A. Napoli personally conducted a walk-through of the Premises in October of 1996 and noted no damages from previous residents other than normal wear and tear. 19. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that at least ten different people resided in the Premises from September 1996 through March, 2000; therefore, the same is deemed to be denied and strict proof thereof is demanded at trial. By way of further response, it is averred that if others resided in the residence, it was without Plaintiffs' knowledge or consent. 20. Admitted. 2 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE n t- 21. Denied. It is denied that some of the damages set forth in the Complaint seek compensation for items which should be considered routine maintenance from the period of September, 1996 though March, 2000 some of whom were permitted to live there by the Plaintiffs. 22. Denied. It is denied that to the extent the Plaintiffs are entitled to compensation for unpaid rent and damages, they should be apportioned among the tenants who signed the written lease. On the contrary, it is averred that each ofthe tenants who signed the written lease and Ms. Barrick are jointly and severally liable for unpaid rent and damages. WHEREFORE, Plaintiffs, Joseph A. Napoli and Debra A. Napoli, respectfulJy requests this Honorable Court to enter judgment in favor of Plaintiffs and against Defendant, Stacey L. Barrick as requested in Plaintiffs' Complaint. Respectfully submitted, EMAN & SPARE, P.C. By Philip H. Spare, Esquire PA. Supreme Ct.I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiffs Joseph A. Napoli and Debra A. Napoli 3 MAPPING P.02/02 ALG-25-2000 17:39 I I I"WOlrl~ $N~D"IC,""'. BllIko.HHEMAN &Sr-AJlC -." - ,~ <-,-. I I Y.IJRll'lct Tl0N 1 verily that the SUltclncnls made in thc fO+l\lIil\g PlaintUls' Reply to Dcl\:ndanfs New I Maller afe tnle and correc!. 1 understand lbal ralst statemel\ts herein are made subjcCllulhe penalties of J II I'll. C,S. ~ 4904 rcllllinl1lo unS\\-'l~ ralsificaliLln (0 autborilills. Date: AugUlll ~oo TOTAL P.02 I . LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE '.>-,--" , II , :i " CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that 1 have on the below date, caused a true and correct copy ofthe foregoing Plaintiffs' Reply to Defendant's New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Michael A. Scherer, Esquire O'Brien Baric & Scherer 17 West South Street Carlisle,PA 17013 ~ Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorney for Plaintiffs Joseph A. Napoli and Debra A. Napoli Date: August 28, 2000. 4 " . ",>, __ ~ ,v, _ ',- -,. _ '-,---~ ,'" ., ~~ -. - ~-,-~ " ~ ~ ,'- (") ~ '5..'~ -oCI' nllf\ Z:Tl zr" 0:~;~ c:;:.c: 2:::c..:. ~Cj ~,.c: z =<! 11,,'- ~I'!ItTI~ "'-"'~ ~-'-~,"" <::0 CJ "'" ,- ,- e>) ,'v,__ "' =~ ~,~_ ~ "0-' ' r,,) c") ."to 1'0 r" , !IH , '~,',' - THOMAS L. DAY, JR., and SUSAN K. : IN THE COtJRT OF COMMON PLEAS OF DAY, husband and wife : CUMBERL~ COUNTY, PENNSYL VANIA Plaintiffs, : CIVIL ACTION - LAW v. , RONALD B. CLIPPINGER, and : CONFESSlc[>N OF JUDGMENT NANCY K. CLIPPINGER, husband and wife: NO: 2000-4~68 CIVIL Defendants. RELEASE KNOW ALL MEN BY THESE PRESENTS,: THAT WHEREAS, RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, by Conifession of Judgment bearing date the 10th day of July Anno Domini 2000, and recorded iJil the Office of the Prothonotary for Cumberland County, Pennsylvania under No. 2000-48~8 Civil granted and conveyed unto THOMAS L DAY, JR. and SUSAN K. DAY, hus~nd and wife, the premises therein particularly described, to secure the payment of a certai~ debt or principal sum of Thirty-One Thousand One Hundred Thirty-Seven and 78/100 ($31,IJ7.78) Dollars lawful money, etc., with interest as therein mentioned. AND WHEREAS; the said RONALD B. CLIPPWGER and NANCY K. CLIPPINGER has requested the said THOMAS L. DAY, JR. and SU$AN K. DAY, to release the premises hereinafter described, confession premises, from the lien a/1d operation of the said confession. NOW THEREFORE, KNOW YE that the said TltOMAS L DAY, JR. anD SUSAN K. DAY as well in consideration of the premises of the sum ~f Five Hundred and noll00 ($500.00) Dollar lawful money to them in hand paid by the said ROtvALD B. CLIPPINGER and NANCY K. CLIPPINGER, at the time of the execution hej"eof, the receipt whereof is hereby acknowledged, have remised, released, quit-claimed, ex~nerated and discharged, and by these , presents does remise, release, quit-claim, exonerate and I discharge unto the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, all that c~ain tract ofland situate in Borough of Carlisle, Cumberland County, known as 242 and 244 Ar~ Street, about to be conveyed to Troy H. Landis. To hold the same, with the appurtenances, unto th1 said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, forever freed, exonerated andldischarged of and from the lien of said ! Confession and every part thereof. Provided always, nev~eless, that nothing herein contained ! if::;:" ' ."~' i -, _,,,:c_, ""'-" "'>",'~'-'"-""---, ','>-" ',_ .-' ". "',"",',"",,~~""'<~",_"" .', '.",' I ___ _ ",- _',"f-""f'<' .,., _ "-< "'7'. _.0__.,__ " '^. "r, Ii" .-, ~~'-~ > - ~" ,. ~'. . ,,'" ~- ", -:~-'-~-'-'~ - ~ "'=.'. ,III! ~., H " 0 0 {:) ~ Co, -'-, '"tJ~~ :t:a fl1r,--, ~ , , ~f 1'_" to ~ '~. '-.i ife (S )>c,: , ;-1'1 -;,.- -7-,1 ::::::i 5::: -< GO --< ,- -,<- 'r" , --~"- 1'.' ." shall in anywise affect, alter or diminish the lien or incumbrance of the aforesaid Confession on the remaining part of said confessed premises, or the remedies at law for recovering thereat or against the said RONALD B. CLIPPINGER andNANCY K. C4PPINGER, the aforesaid principal sum with interest, secured by said Confession. IN WITNESS WHEREOF, the said THOMAS L DAY, JR. and SUSAN K. DAY, have have hereunto set their hands and seals this /7+1.1. day ofA1twt ,2000. ATTEST: f' ~ ~EALJ Ifi ;/*~J STATE OF PENNSYLVANIA 'SEAL) (SEAL) :8S: COUNTY OF CUMBERLAND ~ ~OO On this, the lL day of August, ~ before me the undersigned officer, personally appeared THOMAS L. DAY, JR. and SUSAN K. DAY, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. In witness whereof; I hereunto set my hand and seal. &r~~ o my Public NOTARIAL SEAL CORRINE L MYERS. Notary Public Carlisle Bora. CumberlandCounty Mv Commission Expires Mav 27, 2003 2 . ~ '-'<,-..\ ,'1':-<-'":'"''-''' " >- '~'"'''' ',< , ~,''''c ~~- ,~; ',"'-'-""--;~ '':''~ -,'""' " . "-;;>- 'n'_ " '~'-,' ^" -~,",- ,.~" , C c:- '~ ') c:: C"') ~" , :s: D~ .., "\.1 l'.\..' '::,'>= rei I" e"';') :!--= .... t5 ~~~ r0 l~ '.D -<~::"-- C) r '.. -rJ "1", ~ 5.;; -. " =!":1 Z >-< , (") )> ~, ~- , Ii' <;;'~ ',~ /-'. ~ -I -< en -< , .~