HomeMy WebLinkAbout07-0875
GOM,MUNWEALTFI OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. p'7-
11 .
NOTICE OF APPEAL 1Fn
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 referenced below.
ADDRESS OF LLMT CITY STATE IF CODE
118 I-f?mmd Ave. Acct. A ?e"Llnc pIq 1,1042)
,7- - y? Ye virl -I rnke- r 4 A. ' A'f6cnbach
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R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
A -"% - (20) days after filing the NOTICE of APPEAL.
or
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.D.J. 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 flQ U 1? -? Jm k appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ?) within twenty (20) days after servi of ru{e or suffer entry of judgment of non pros.
1
Signature of appellant or attorney or agent
RULE: To ! n ? . ??rl he , appellees)
Name of appellee(s)
(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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
___Oaa?o
Date:/ 1,5,2061
Signature of Proth ary q/ asi;?Jv
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
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 of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) on
, 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of official before whom affidavit was made
Title of official
My commission expires on
20
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Signature of affiant
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'COMMONWEALTH OF PENNSYLVANIA
r:nl INTY nF• CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-1-02
ROBERT V. MANLOVE
Address: 1901 STATE ST
CAMP HILL, PA
Telephone: (717 ) 761-0583
17011-0000
TROY A. LINSENBACH
118 EMMMEL AVE
2ND FLOOR
LEMOYNE, PA 17043
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rFELII LEE, KEVIN
PO SOX 156
GRANTHAMF PA 17027
L J
VS.
DEFENDANT: NAME and ADDRESS
rLINSENBACH, TROY A
118 H MMEL AVE
2ND FLOOR
LLZMOYNE, PA 17043 J
Docket No.: LT-0000042-07
Date Filed: 1/26/07
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
0 Judgment was entered for: (Name) FELMLEE, KEVIN
Judgment was entered against LINSEN3l11CH, TROY A in a
R Landlord/Tenant action in the amount of $ 300.69 on 2/05/07 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 475.00.
The total amount of the Security Deposit is $ 350.00
Total Amount Established by MDJ Less • Security Deposit Applied
Rent in Arrears $ x03.75-$ . 00=
Physical Damages Leasehold Property $ .00- .00=
Damages/Unjust Detention $ -00-1 _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
$ Adjudicated Amount
203.75
$ .00
$ _00
$ .00
$ _00
$ 203_75
$ 96.94
$ _00
$ 300.69
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
07 Date v , Magisterial District Judge
dertXv at this is a tru pacor , IS rocee in s containing po Judgment.
Date i Magisterial District Judge
KAv a nmmicsinn pxnirps first Mondav of Januarv. -2A12 . CFAL
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Apt No.: ?y? ,?L 1 i/c.- (-o
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PROOF OF SERVICE OF N077CE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
a copy of the Notice of Appeal, Common Pleas 7 , upon the District Justice designated therein on
(date of service) oa , 200 17 , ? by personal service by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) on
Q 1?? 20Q2 ? by personal service by (certified) (registered) mail,
sender's receipt attached hereto.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF t?,,.,?.I?,?raC` ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
RMED) AN SUBSCR ED BEFORE ME
DAY OF , 204f];t.
Tft ofotncraf
My commission expires on , 20_/LO
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Signature of affrant
C WEALTH OF PENNSYLVANINOTARIAL HALKIAS, Notary Public
Boro, Cumberland County
1,0"''^mmisslon Expires Aus. 16, 2010
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPE
Notice is given that the appellant has filed in the above Court of Common Pleas an
the date and in the case referenced below.
'7r-moo TL- 'TN' R. ?-instn brxch I T=°i a t ?. ?lo??--
ADD S F API LANT - CITY STATE ?IP CODE
1 !rrjnle-1,re . f yolq 17Q
DATE OF JUDGMf&T IN THE 9ASE OF (PlainhIll,
A. 1,- ec-h
1,-T- WOW L4 Z _0-7
This block will be signeCON Ahijk' on is required under Pa.
R.C.P.D.J. No. 10088.'
This Notice of Appe, Wkp n received by the Dl??Iustice, will operate as a
SUPERSEDEAS td'teyudgmeRtfor p- ession ur g9 case.
PRAAC101FIQENTERRULE TO FILE'COMPLAINT AMD RULE TO FILE
(This section of form to be use&M. when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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 ke 'y k We c appellee(s), to file a complaint in this appeal
Name of appefee(s)
(Common Pleas No. _G-7S ? L within twenty (20) days after serv of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
AOPC 312-02
gnarure o a or attorney or agent
RULE: To appe{lee(s)
?? 1m lee
(1) You ac?;tkified that a rule is'here y,entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon yeti by personal service ,certified or registered' mail.
(2) If yp"ia not file a,cr?mpfaint +iirithln tFlia?ime, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) Theate Of serv1O1(1"ffalis ?rp(e if seryic,-was by mail is the date of the mailing.
Date: 20
} Signature of Proth aryYOU MUST INCLUD???}PY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
y :,;; ,,, s?ralaruro a? a
NOTICE OF APPEAL xo?-
FROM
DISTRICT JUSTICE JUDGMENT
PLEAS No.
from the judgment rendered by the District Justice on
R.
C.P.D.J. No. 1001(6) in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after riling the NOTICE of APPEAL.
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT Fit F vc1 I ^«• - - -
David J. Lanza
I.D. No. 55782
356 North 21" Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
KEVIN FELMLEE,
V.
Plaintiff
TROY A. LINSENBACH,
To the Defendant:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-875 CIVIL
IN EJECTMENT
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 attomey and filing in writing with the court your defense 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, Pennsylvania 17013
Telephone: (717) 249-3166
David J. Lanza
I.D. No. 55782
356 North 21s` Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
KEVIN FELMLEE,
Plaintiff
V.
TROY A. LINSENBACH,
Defendant
COMPLAINT
NO. 07-875 CIVIL
IN EJECTMENT
1. The Plaintiff, Kevin Felmlee, is an adult individual with an address at P.O. Box 156, Grantham, PA
17027.
2. The Defendant, Troy Linsenbach, is an adult individual residing at 118 Hummel Avenue, 2nd
Floor, Lemoyne, Cumberland County, Pennsylvania 17043.
3. Plaintiff is the owner of the premises situate at 118 Hummel Avenue, 2nd Floor, Lemoyne,
Cumberland County, Pennsylvania 17043.
4. Plaintiff is the successor by assignment of the Lease by which Defendant agreed to rent the
premises at 118 Hummel Avenue, 2nd Floor, Lemoyne, PA, a true and correct copy of which is attached
hereto as Exhibit "A." The Assignment of Leases is attached hereto as Exhibit "B".
5. Said Lease has not been assigned by Plaintiff.
6. Defendant is in breach of his obligations under the Lease in that he has shut off all utilities,
including heat, as of June 2004.
7. Defendant shut off the utilities without notification to Plaintiff.
8. Defendant's conduct has endangered the premises, including the neighboring tenants.
9. Defendant has failed to maintain his apartment in a clean and orderly condition, allowing trash
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
and refuse to accumulate throughout the apartment.
10. Defendant did not make his January (and prior months) rental payment in a timely fashion (or
has paid with NSF checks), thus resulting in late fees and NSF fees.
11. Plaintiff has been forced to incur filing fees at the District Justice office in the amount of
$96.94.
12. The Plaintiff has been forced to incur attorney fees in order to seek judgment against
Defendant, which fees are permissible under § 13 of the Lease and which fees are expected to equal or
exceed $1,000.00.
13. Regardless of the aforesaid violations, the aforesaid Lease has expired by its own terms.
14. Defendant is in default in the amount of $203.75 for late fees and NSF fees.
15. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid
breaches the sum of Three Hundred and 69/100 Dollars ($300.69), calculated as follows:
Late fees and NSF fees $203.75
Attorney fees $1,000.00
District Justice filing fees 96.94
TOTAL $1,300.69
16. Plaintiff is entitled to judgment against Defendant in the amount of $ 1,300.69.
17. Plaintiff is entitled to immediate possession of the leased premises at 118 Hummel Avenue,
2nd Floor, Lemoyne, Cumberland County, Pennsylvania 17043.
Wherefore, Plaintiffs demand judgment against Defendant, Troy Linsenbach for possession of the
premises at 118 Hummel Avenue, 2"d Floor, Lemoyne, Cumberland County, Pennsylvania 17043 and for
damages in the amount of $ 1,300.69, plus costs, interest, additional attorney fees and additional rent
through the time of trial.
Respectfully sued,
By:
///T
Da
vid . Lanza
Attorney I.D. No. 55782
356 North 21 st Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
VERIFICATION
I, Kevin Felmlee, verify that the statements made in this Complaint are true and correct to the best of
my knowledge, information and belief. I understand that false statements made herein are made subject to the
penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities.
Date: (2 ?I 01 By:
Kevin Felmlee
RESIDENTIAL APARTMENT LEASE
This lease made in Lemoyne, state of PA, on the 29th day of June, 2001, between Daniel
Deitchman, of Mechanicsburg, as owner, and Troy Linsenbach, of Lemoyne, as tenant, whereby
each party agrees to the following:
A) Rental Premises and Initial Term of Lease
1. Premises. Owner, for and in consideration of the agreements of tenant mentioned
below, hereby leases to tenant, and tenant hereby leases from owner, the premises located
am, of Lemoyne, state of Pennsylvania, described further as
follows: 2nd Floor Apartment.
2. Term. This lease is for the term of one (1) year, beginning July 1, 2001, and ending
June 30, 2002, unless sooner terminated as provided below.
B) Agreements of Tenant
Tenant, in consideration of the leasing, agrees:
1. Rent. To pay as rent for premises the sum of $430.00 per month (for a total rental
amount of $5,160.00). Monthly rent payments are due on the first (1s) day of each month
during the term of this lease, by tendering payment to: Daniel Deitchman at 1202 Montrose
Circle, Mechanicsburg, PA 17050, or any other name or address owner may substitute by
providing written notice to tenant.
a) If the first day of the month falls on a Sunday or a federal holiday, rent shall be
due on the first business day following the 1st of the month.
b) If rent is not received within three (3) business days following the due date, a
late charge of 5% of the monthly payment will be due, plus an additional $5.00
per day for each day thereafter beginning on the 5`h of the month until the rent,
with late charges, is fully paid to date.
C) If tenant's check is returned for insufficient funds or otherwise fails to clear the
bank, tenant will be charged $12.00 plus any accrued late charges as described
above until payment has been fully made. Owner reserves the right to require
that tenant's rent payments be thereafter made by certified check, cash, or
money order.
2. Additional expenses. To pay all charges for or bear the burden of the following
utilities and/or services furnished or supplied to or on any part of premises indicated by a "T"
below including services for common areas:
Page 1 of 7
(owner-supplied items indicated by an "O"
Tenant's Initials:
T electricity T heat
O water T cable TV/telephone
O sewer O trash
T snow/ice removal
O grass cutting/lawn care
3. Use of premises. To use and occupy the premises for residential purposes only, and for
no other object or purpose without written consent of owner, and to not use premises for any
unlawful purpose or purpose deemed extra hazardous or unlawful.
4. Condition of premises. To keep the premises in as good repair as the same shall be at
the commencement of the term, wear and tear arising from the reasonable use of the same and
damages by the elements excepted.
5. Right of entry. To permit owner and owner's agents to enter on the premises or any
part thereof, at all reasonable hours upon prior notice, for purpose of examining or exhibiting
same or making such repairs or alterations as may be necessary for safety or preservation
thereof; also to permit owner to place on premises notice of "For Sale" and "For Rent" and not
interfere with same. Tenant waives the right to demand prior notice of entry in the event of an
emergency or threat of imminent damage to person or property within or in relation to the
premises.
a) If tenant does not renew the lease term, or provides owner with notice that
tenant intends to vacate, owner shall have the right to show the premises to prospective tenants at
reasonable weekday and weekend hours (between 9 a.m. - 8:00 p.m.) during the last thirty (30)
days of the tenant's occupancy.
6. Assignment or subleasing by tenant prohibited. Not to assign this lease nor sublet the
premises or any portion thereof, nor take on any roommates not named on this lease without
prior written consent of owner.
7. Non-approved construction prohibited. Not to make any contract for construction,
repair, or improvements on, in, of, or to premises, or any part thereof, or for any work to be done
or materials to be furnished on or to premises, or any part thereof, without the owner's written
permission.
8. Peaceable possession. At the expiration of this tenancy, to give peaceable possession
of premises to owner, in as good condition as they now are, with ordinary wear, acts of God, and
loss by fire excepted.
Page 2 of 7
Tenant's lnitials.
9. Compliance with laws and rules. To observe and comply with all rules, regulations
and laws now in effect or which may be enacted during the continuance of this lease by any
municipal, county, state or federal authorities having jurisdiction over the premises, and to
indemnify owner for any damage caused by violation thereof.
a) To keep noise to a minimum so as not to disturb neighbors.
b) To not clutter the yard, porches or other common areas with debris, household
items, boxes or unsightly objects.
c) To use the common sidewalks, porches, vestibules, stairways, entrances, and
halls for ingress and egress only to and from the premises and not to clutter or
encumber said areas.
10. Pets not permitted. Not to keep any pets on the premises.
11. Lock-out. If tenant shall be locked out and call be placed to owner to be let in the
premises, owner shall be entitled to immediate payment of a lockout fee of $15.00. If tenant is
locked out more than three (3) times in a twelve month period, said fee shall be $30.00 for each
additional lock-out call owner must respond to. Tenant likewise agrees to pay any charges
associated with the services of a locksmith resulting from a lockout.
a) Tenant agrees not to change the locks without owner's prior written
permission and tenant is responsible for providing owner with a key copy at the time the
locks are changed.
12. Insurance & Waterbeds. Owner shall not be liable for any damage, loss or injury to
persons or property occurring on the premises. Tenant agrees that it is his/her responsibility to
maintain renter's insurance to protect against damages to property or injury to persons on the
premises. No water filled furniture is to be used on the premises without obtaining owner's prior
written permission, which will be withheld unless proof of suitable insurance coverage is
provided.
a) Waiver of liability. Owner shall not be liable to tenant or tenant's guests for
any damage caused to person or property, by water, rain, snow, ice, sleet, fire, storms and
accidents, or by breakage, stoppage or leakage of water, gas, heating, and sewer pipes or
plumbing upon, about or adjacent to premises.
13. Costs of enforcement. To pay all reasonable costs, attorneys' fees and expenses that
shall be made and incurred by owner in enforcing the agreements of this lease if owner is
successful in enforcing the same.
Page 3 of 7 Tenant's Initials:
B) Agreements of Owner
Owner, in consideration of the agreements of tenant set forth above, agrees as follows:
1. Covenant of habitability. To keep leased premises in good and habitable repair.
2. Reasonable improvements allowed. To allow tenant to may make such alterations,
additions, or improvements, or add fixtures in such parts of the premises as tenant deems
necessary, provided, however, prior written consent of owner is first obtained.
3. Fixtures. All fixtures erected in or attached to premises by tenant may be removed by
tenant at the termination of this lease, provided (a) tenant shall not then be in default in the
performance of any of the agreements herein, (b) that such removal shall not permanently injure
the building, and (c) that removal shall be made before the expiration of this lease or any
extension thereof.
4. Terms of renewal. At the expiration of the original term, this lease shall be
automatically extended for a further term of one (1) year, at a fixed monthly payment which shall
be no more than 5% higher than the original monthly rental amount, all other terms of this lease
remaining the same, provided neither tenant nor owner provide the other with thirty (30) days
written notice of intention to terminate the lease, and provided tenant is not in default in
performance of the terms and conditions of this lease.
C) Mutual Agreements of Owner and Tenant
1. Security Deposit. Tenant agrees to deposit wit weer, on signing of this lease, the
equivalent of one month's rent in the amount of 9:46 as security for payment of rent herein
received and faithful performance by tenant of all terms, conditions and agreements of lease, as
well as to indemnify owner for any costs or expense to which owner may incur by reason of any
default by tenant. If payment of security deposit is made by check, it shall be paid at least five
(5) days prior to the commencement of lease. If there are less than five (5) days between the date
of execution of this lease and the commencement date, payment of the security deposit must be
made by cash or money order upon the signing of this lease.
a) If owner holds the security deposit for more than two years under
the terms of this lease and any extensions hereof, owner agrees to credit interest to tenant
on before-mentioned security deposit at the rate of interest paid by the banking institution
in which the funds are held minus any lawful administrative fee then in effect, beginning
after the second anniversary of the deposit of the escrow funds. Owner agrees to repay
tenant the security deposit amount plus any credited interest, less any documented
Page 4 of 7 Tenant's Initial
damage to the premises or its contents or unusual charges incurred as a result of tenant's
occupancy of the premises, within thirty (30) days of the expiration of the tenancy,
provided that all of the terms, conditions and agreements of the lease (including notice
provisions) shall have then been fully complied with by tenant.
b) If, during the course of tenant's occupancy of the premises, the
security deposit is caused to be reduced due to damages or unusual charges associated
with major repairs to the premises or major repair or replacement of the appliances or
fixtures therein, then owner shall have the right to demand replenishment of the security
funds expended. Replenishment is due and payable with the next month's rent and in any
event no later than thirty days after written request for replenishment of security deposit.
Failure on tenant's part to replenish the security deposit in accordance with these terms
shall be deemed a breach of this lease. In no event shall tenant's portion of a major
appliance repair or replacement or major premises repair exceed $25.00 unless the repair
or replacement was caused by the action of or neglect by tenant.
2. Condition of premises. Lessee has examined and knows condition of premises, and
has received same in good order and repair, except as otherwise specified in this lease, and no
representations as to condition or repair thereof have been made by owner or owner's agent,
prior to, or at execution of, this lease.
a) Minor Repairs. Minor repairs and replacements of wear items (light
bulbs, faucet washers, etc.) are the responsibility of the tenant. The owner will provide
tenant with contact information in case of major repairs or emergencies.
3. Destruction of Premises. If during the term of this lease the premises shall be
destroyed by fire, the elements, or any other cause, this lease shall cease and become null and
void from date of such damage or destruction and tenant shall immediately surrender premises to
owner and shall pay rent only to time of such surrender. If premises shall be damaged by fire or
other cause so as to be capable of being repaired within a reasonable time, which damage was
not caused by the actions or neglect of the tenant, the lease shall continue in effect, and owner
shall repair the same and during time that repairs are being made owner shall remit to tenant a
just and fair portion of rent according to nature of damage sustained and according to extent that
tenant is deprived of use of premises.
4. Default. If default be made in any of the payments called for by the lease by tenant, or
a breach of any of the terms and conditions herein be made by tenant, owner may to the
Page 5 of 7 Tenant's Initia
tenancy with minimum notice required by state law then in effect and recover any sums due by
virtue of law and the terms of this lease.
5. Abandonment. If lessee shall abandon or vacate the premises, they may be relet by
owner for such rent and on such terms as owner may see fit; and, if a sufficient sum shall not be
thus realized, after paying all expenses of such reletting and collecting to satisfy the rent hereby
reserved, lessee agrees to satisfy and pay all deficiency.
6. Hold Over. If tenant shall hold over, after expiration of the term hereby created,
without paying applicable rent, it shall be deemed an unlawful tenancy and owner may evict
tenant with minimum notice required by state law then in effect and claim any damages allowed
by law or the terms of this lease in conjunction with said eviction.
7. Termination. Events which may cause termination of this lease, other than expiration
of its duration are:
a) Terminable on breach. The lease may be terminated by owner in the
event of the breach of any of the agreements of lessee contained herein, in which case
this lease shall immediately terminate upon lawful notice.
b) Terminable by thirty (30) days notice & fee by tenant. Tenant may cancel
before the expiration of the lease by giving notice of such cancellation at least thirty (30)
days in advance of the date of cancellation and said notice must be accompanied by the
payment of a cancellation fee equal to one month's rent plus the payment of the rent due
for the last month of occupancy. Upon receipt of all payments due, tenant shall be
released of his/her obligations under the lease at the expiration of the notice period.
8. Notices. Notices and demands by either owner or tenant may be given by regular mail
with prepaid postage addressed as such:
To owner at: 1202 Montrose Circle, Mechanicsburg, PA 17050
To tenant at the address of the premises listed above
... subject to the right of either the owner or tenant to designate by notice in writing a new
address to which such notices or demands must be sent.
9. Binding nature. All the agreements, conditions and undertakings herein contained
shall extend to and be binding on the representatives, heirs, executors, administrators, successors
and assigns, of respective parties hereto as if they were in all cases named.
10. Performance not waived. Failure of owner to insist on the strict performance of the
terms, agreements and conditions contained herein, or any of them, shall not constitute or be
Page 6 of 7 Tenant's lniti
construed as a waiver or relinquishment of owner's right to enforce any such term, agreement or
condition, but the same shall continue in full force and effect.
11. Savings clause. If any provision(s) in this lease is deemed unlawful or
unenforceable, said determination shall have no effect on the remaining provisions, which shall
remain in full force and effect.
12. Grammatical changes implied. Wherever the words "owner" and "tenant" are used
herein they shall be read as "owners" and "tenants" in all cases where there is more than one
owner or tenant and with necessary grammatical changes as if duly made herein.
13. Lead Disclosure. Owner hereby states and tenant hereby acknowledges that tenant
has been provided with a filled-in form entitled "Disclosure of Information on Lead-Based Paint
and/or Lead-Based Paint Hazards and a copy of the EPA brochure "Protect Your Family from
Lead in your Home" which are incorporated herein by reference.
IN WITNESS WHEREOF, the parties have signed in agreement the day and year first
above wri en.
Owner: \
Tenant:
* Tenant's initials on each page of this Lease indicate that tenant has read each page; has had an opportunity
to ask questions, and is in agreement with the terms.
Page 7 of 7
Tenant's Initials:
DEITCHMAN
1202 Montrose Circle, Mechanicsburg, PA 17050
Ph.: (717) 979-7435 Fax: (717) 303-0339
May 15, 2002
Troy A. Linsenbach
118 Hummel Avenue
Second Floor Apt.
Lemoyne, PA 17043
RE: LEASE
Dear Mr. Linsenbach:
In accordance with your lease signed June 29*, 2001, your rental rate will be increased to
$450.00 per• month beginning July 1, 2002. Because you have not provided proof of
compliance with the terms of the lease with respect to removing the waterbed within 90
days of 6/29/01, this renewal is contingent on providing me with a certificate proving that
you have tenant's insurance which will be in effect no later than 7/1/02; that it names
Daniel and Jennifer Deitchman as additional insureds, and that the policy either covers
damages from water-filled furniture or that the water bed is permanently gone as of
6/30/02.
All other terms of the lease will remain the same. I have included the card of an insurer
whom I know has competitive rates, but you may contact any insurer you choose.
Sincerely,
Daniel Detchman
Enclosure
ASSIGNMENT OF LEASES
We, Daniel Deitchman and Jennifer C. Deitchman, "Assignors,"
hereby assign to Kevin Felmlee and Margaret R. Felmlee, "Assignee," the
leases in force as of January 17, 2003 concerning the property known as
118-120 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, and
transfer the security deposits through the HUD-1 closing statement also
dated 1/17/03 as follows:
a) 118 Hummel Ave., #I - Kevin Houser
b) 118 Hummel Ave., #2 - Troy Linsenbach
c) 118 Hummel Ave., garage - Green Associates
d) 120 Hummel Ave., #1 - Linda Dunlap
e) 120 Hummel Ave., #2 - Mary Wetherell
f) 120 Hummel Ave. garage - Alan Geklinsky
Assignment is made in conjunction with 1/17/03 closing wherein title to
the aforesaid property passed from Assignors to Assignee.
Signed:
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Signed:
We acknowledge receipt of the original leases and conveyance of the
security deposits indicated.
Signed: -eIL
Signed: ??-
AND NOW, this 31St day of March 2007, the undersigned does hereby certify that he did this date serve
a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Troy Linsenbach
118 Hummel Avenue
2nd Floor, Lemoyne
Pennsylvania 17043
By: 9I
David J. Lanza
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David J. Lanza
I.D. No. 55782
356 North 21s` Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
KEVIN FELMLEE,
Plaintiff
V.
TROY A. LINSENBACH,
Defendant
TO THE PROTHONOTARY:
PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO PA. D.J. R. 1008 (B)
Please terminate the supersedeas in the above referenced matter by reason of the
Defendant's failure to make the monthly rental payments from and after April 2007.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-875 CIVIL
IN EJECTMENT
Respectfully submitted,
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David J. Lanza
Upon confirmation of the failure of the Appellant to deposit the monthly rent for more than thirty (30)
days, the supersedeas is terminated.
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AND NOW, this 5t' day of April 2007, the undersigned does hereby certify that he did this date serve a
copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited in the United
States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Troy Linsenbach
118 Hummel Avenue
2nd Floor, Lemoyne
Pennsylvania 17043
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By:
David J. Lanza
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KEVIN FELMLEE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2007-875 CIVIL TERM
TROY A. LINSENBACH, CIVIL ACTION - IN EJECTMENT
Defendant
NOTICE TO PLEAD
TO: David J. Lanza, Esquire
256 North 21st Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer and New Matter or a Default Judgment may be entered against you.
O'BRIEN, BARIC & SCHERER
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Robe J. Dail , Esquire
I.D. 203418
19 West South Street
Carlisle, Pennsylvania 17013
Phone (717) 249-6873
Fax (717) 249-5755
Attorney for Defendant
Date: April 20, 2007
KEVIN FELMLEE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2007-875 CIVIL TERM
TROY A. LINSENBACH, CIVIL ACTION - IN EJECTMENT
Defendant
ANSWER AND NEW MATTER
NOW, comes Defendant, Troy A. Linsenbach ("Defendant"), by and through his
attorneys, O'BRIEN, BARIC & SCHERER, and files the within Answer and New Matter to
Plaintiff's Complaint and, in support thereof, sets forth the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Denied that Plaintiff attached any documents listed as "Exhibit A" or
"Exhibit B." Denied to the extent that the statement implies that either the lease or assignment
are still valid and enforceable.
5. After reasonable investigation and belief, Defendant is without knowledge or
information sufficient to form a belief as to the truth of Plaintiff's averment, and it is, therefore,
denied.
6. Denied. The lease does not mandate that Defendant employ all utilities; rather,
the lease allocates who, either Defendant or Plaintiff, is to pay for particular utilities if they are
so employed by the Defendant. Furthermore, Plaintiff admits in Paragraph 13 of his Complaint
that said lease has expired.
7. Denied. Notification to Plaintiff was not a requirement of the lease. Furthermore,
Plaintiff admits in Paragraph 13 of his Complaint that said lease has expired.
8. Denied.
9. Denied.
10. Admitted in part and denied in part. Admitted that Defendant was late with his
January payment. Admitted that the check issued was declined by the bank for non-sufficient
funds. Denied that Defendant did not make his January payment. In fact, Defendant, upon
receiving notification by Plaintiff of non-sufficient funds check, immediately paid Plaintiff
$1,425.00 for January through March. Plaintiff cashed said check on January 29, 2007.
11. Denied. Plaintiff was not forced to incur any fees. Indeed, Plaintiff, after filing
the complaint with District Justice Manlove, assured Defendant that Plaintiff would not pursue
said action because Defendant had paid and Plaintiff had cashed the January through March
payment for $1,425.00. Notwithstanding Plaintiff's promise, Plaintiff appeared at the hearing
and obtained a default judgment. Defendant relied on Plaintiff's promise and did not appear at
said hearing.
12. Denied. Plaintiff was not forced to incur any fees. Moreover, Plaintiff, in his
own complaint, admits in Paragraph 13 that said lease, upon which Plaintiff relies for his
attorney's fees, is expired.
13. Admitted in part and denied in part. Admitted that the lease has expired. Denied
that Defendant committed Plaintiff's averred violations.
14. Denied. Since the lease has expired, Plaintiff has no writing upon which to
enforce his damages.
15. Denied.
16. Denied.
17. Denied. By way of further information, Plaintiff failed to serve a Notice to Quit
upon Defendant, despite Plaintiff's averment in his District Justice Complaint.
WHEREFORE, Defendant requests that Plaintiff s Complaint be dismissed and that the
Defendant be awarded his costs and expenses.
NEW MATTER
18. Plaintiff, at no time, served Defendant with the required Notice to Quit.
19. Plaintiff, in his Landlord / Tenant Complaint to the District Justice, stated that the
Defendant was served with a Notice to Quit.
20. Plaintiff, upon cashing Defendant's January through March payment on January
29, 2007, promised to withdraw his Complaint against Defendant with the District Justice.
21. Plaintiff admits in his Complaint that the lease between Plaintiff and Defendant,
to the extent that said lease is viable or enforceable, has expired.
22. To the extent that said lease is enforceable, Defendant elects to continue said lease
at least through June 30, 2007. Said lease was executed upon the term of July 1 through June 30
and Plaintiff and Defendant have, on many occasions, verbally renegotiated said lease on July 1.
23. Plaintiff has failed to place Defendant's escrow funds of two years or more in an
interest bearing account.
WHEREFORE, Defendant requests that judgment be entered in his favor and against
Plaintiff, together with costs and expenses.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Robert J. D iley, Esquire
I.D. 203418
19 West South Street
Carlisle, Pennsylvania 17013
Attorney for Defendant
Date: April 20, 2007
KEVIN FELMLEE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-875 CIVIL TERM
TROY A. LINSENBACH, CIVIL ACTION - IN EJECTMENT
Defendant
VERIFICATION
I verify that the statements made in the foregoing Answer and New Matter are true and
correct to the best of my knowledge, information and belief. I understand that false statements
made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsifications to authorities.
71? a
roy A. Linsenbach
Date: Ami120, 2007
CERTIFICATE OF SERVICE
I hereby certify that on April 20, 2007, I, Robert J. Dailey, Esquire, did serve a copy of
the Answer and New Matter, by first class U.S. mail, postage prepaid, to the party listed below,
as follows:
David J. Lanza, Esquire
356 North 21st Street
Camp Hill, Pennsylvania 17011
Robert J. D 'le , Esquire
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David J. Lanza
I.D. No. 55782
356 North 21s` Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
KEVIN FELMLEE,
Plaintiff
V.
TROY A. LINSENBACH,
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION
NO. 07-875 CIVIL
IN EJECTMENT
It is hereby stipulated between the parties that the escrow funds currently held by the Prothonotary in
the amount of $ 678.75 may be released and distributed to the Plaintiff.
Robert Dail y ?A /
Attorney for Defe nt
David J. Lanza
Attorney for Plaintiff
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t' David J. Lanza
I.D. No. 55782
356 North 21" Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
KEVIN FELMLEE,
Plaintiff
V.
TROY A. LINSENBACH,
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-875 CIVIL
IN EJECTMENT
PLAINTIFF'S MOTION FOR RELEASE OF ESCROW FUNDS
1. Defendant has paid $678.75 to the Prothonotary, which amount the Prothonotary currently
holds in escrow.
2. The parties have entered into a Stipulation that the escrow funds can be distributed to
Plaintiff, which Stipulation was filed in this case on May 2, 2007. A true and correct copy of this stipulation is
attached hereto as Exhibit "A".
Wherefore, Plaintiff requests that this Honorable Court enter an Order requiring the Prothonotary to
distribute the escrow proceeds in this case to Plaintiff, and setting forth that in all cases where rental
payments are escrowed, a stipulation executed by all parties (or their counsel) shall constitute a sufficient
basis for the Prothonotary to distribute escrowed proceeds as set forth in the stipulation.
Respectfully s miffed,
By:
David J. Lanza
Attorney I. D. No. 55782
356 North 21" Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
A"
David J. Lanza
I.D. No. 55782
356 North 213'Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
KEVIN FELMLEE,
Plaintiff
V.
TROY A. LINSENBACH,
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION
NO. 07-875 CIVIL
IN EJECTMENT
It is hereby stipulated between the parties that the escrow funds currently held by the Prothonotary in
the amount of $ 678.75 may be released and distributed to the Plaintiff.
Robert Dail 6y
Attorney for Defe nt
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David J. Lanza
Attorney for Plaintiff
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KEVIN FELMLEE,
Plaintiff
V.
TROY A. LINSENBACH,
IN THE COURT OF COMMON POLEA SO7
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-875 CIVIL
IN EJECTMENT
Defendant
ORDER
And now, this ' "'day of July 2007, it is hereby Ordered that the Prothonotary shall distribute to
Plaintiff all funds held in escrow in this case. It is further ordered that a stipulation executed by both parties,
or their counsel, shall be sufficient basis for the Prothonotary to distribute escrowed proceeds (in landlord-
tenant appeals) as set forth in said stipulation, :S_ ?JC:-J tc?. zh 1 t-'r o '"'r? j %.0-h ! ;e-e_ .
By the Court:
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10585708232007 Cumberland County Prothonotary's Office Page 1
PYS405 Manual Release Check Register 8/23/2007
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------------------------------------------------------------------------
3916 FELMLEE KEVIN Check Date: 08/23/2007 Check No.: 1720
R 2007- 00875 REN 2007- 00875 PYMT% ASH 475.00 4/20/2007
Payee total: 678.75
--------------------------------------------------------------------------------
Grand total: 678.75
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dAnat
MOWN RANK
07-875'- FELL EE VS. LIN T - RELEASE RIM
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