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HomeMy WebLinkAbout03-0397COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas afl appeal from the judgment rendered by the District Justice afl the date and in the case mentioned below. This b~ck will ~ ~ ONLY ~n this ~ is r~uimd u~ I ~ CLAIMANT (~ ~. ~.C.P.J.P. NO. 1~8K This ~t~e of A~I, ~n ~d by t~ Dis~ict Justice, will ~ as a ~00~ (~)in ~i~ ~e Di~ri~ ~i~e, ~e MU~T ~PERSEDEAS ~ ~ j~t ~ ~ssessi~ in this cas~ FILE A COMPLAINT within twenty (20) da~ after filing his NOTICE of A~EAL. S~a~m of ~t~o~y ~ D~ty PRAEClPE 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.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upafl ,~"~)~"~L-¢.,'*,,~/'/.~.~,/,')~., ~/~,~ ,,~,~//')r/,~ L~,,"'/- ,appe#ee(s),tofileacomp~aintinthisappea~ - ~ ' Neme o'f appellee(s) (Commofl Pleas No. 0 g ~ ~.~1~. 3 ) within twenty (20) days aftm~servic~ or suffer entry of judgmeflt of noflpros. RULE: To ~/-/> ~0/'erj0,'"-se's ,/'nc,, .appellee(s). · Name o~ (1) You am notified that a rule is hereby efltemd upon you to file o compJaint 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 JUDG/vlENT 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. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (T,~is proof of service MUST BE FtL. ED WITHIN TEN (i0) DAYS AFTER ~l/ng the ~¢tice of ~ppc, ai ChecR applicab/e hexes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Common Pleas No upon the District Justice designated therein on (date of service) .; .....[] by personal service [] by (certified} (registered) mail senders receipt attached hereto, ~nci upon the appellee Laame) on ~ by personal service ~ by (certified) (registered) mail. sendeFs receipt attached hereto ~ and 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 ~ by persona~ servce ['~ by (cedifed) (reg~stered~ mail, sendeFs receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ~/:,, cornmisslof e×? res on COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CO't.~B~ Mag. 0isl. No.: 09-3 -05 DJ Name: Hon. ~,~,ess: 507 N. ¥O~.K ST. MECHANI CSB~RG, PA Telephone: (717) 766-4575 17055 JOSEPH ~RECCA 2160 HOLLAKD KOAD STOCK BRIDGE, MI 49285 THiS IS TO NOTIFY YOU THAT: NOTICE OF JUDGMENT/TRANSCRIPT PLaIN'rIFF: RESIDENTIAL LEASE NAME and ADDRESS FKLP ENTERPRISES INC -~ DBA LINDHAM CT APT.# 704 MECHANICSBU~O, PA 17055 VS. DEFENDANT: NAME and ADDRESS F~[EBECCA, JOSEPH -~ 2160 HOLLAND ROAD STOCK BRIDGE, MI 49285 Docket No.: LT-0000347-02 Date Filed: 12/18/02 Judgment: [-~ ;Judgment wa~ entered for: (Nam'e) KLP ENTEEP~ISES INC Judgment was entered against REBECCA, JOSEPH in a r-~ Landlord/Tenant action in the amount of $ 3,569.50 on 12/31/02 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 I" Total Amount Establish.~d z~;l~J 0~ess~Security Deposit Ap%l~d Adjudica~e~6%o~~ Rent in Arrears $. ~, .... - . ==$ Physical Damages Leasehold Prope~ $. .00 - $ .00 = $ .00 DamageCUnjust Detention $ . O0 -- $ . O0 = $ . Less Amt Due Defendant imm Cross Complaint - $ . O0 Interest (if provided by lease) $ -'-]Attachment Prohibited/ Victim of Abuse (Act 5, 1996) ~-"~ This case dismissed without prejudice. r-'~ Possession granted. ~E~ Possession granted if money judgment i~ Possession not granted. ~'~ i-evy is 'stay'ed-lor day~or ~'~ 'generally, stayed.' ~"~ Objection to Levy has been filed and hearing will be held: Date: LFF Judgment Amount $__~ Judgment Costs $ ~ Attorney Fees $ . O0 Total Judgment $ 3,569.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ not sausr~eo Dy t~me or eviction. [--~ Defendants are jointly and severally liable. Time: Place: 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 PLEASi 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 COP~-IOF TI'-~ NOT~CE OF JUDGMENTFFRANSCRIPT FORM WITH THE NOTICE OF APPEAL. f , · , District Justice IIcertify 1'nat this is a true ~nd correct cdpy of the.recor'cTbt the proceedings containing the judgment. I I Date , District Justic,:,I My commission expires first Monday of January, 2006. ,,.n~r~ ~, ~.,, SEAL .I,'d 6~S'I,-ELS-t,£L e,.~'~mH cIET :E~O 60 'I,'T ua'[' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAil~T (This proof of service MUST BE FILED WtTHIN TEN (I0) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .............. ~_.~_ ..~-k'[..~,~._ ~.~ ;SS AFFIDAVIT: t hereby swear or affirm that I served ..... ,, ~' ~.~ ",~, .... ' ^ ...... ~ F'~,~'~on Pleas No ~- ~7 unon the District Justice designated there~n on ~ (date of service) R by personal service U bv (certified) (reestered) mail. s~mer s /- ~'I- o~ .. ~ by personal service ~y ~ertified) (~egistered) mail, sender s receipt attache??ao, ~(~'~{~~r~'~e to File a Comp?iht accompanyiW~¢e Notice of Appeal upon the a~l~) to whom {he Rde was addressed on .......... ~:...~_~.~:...~ ............................. El by persona~ service ~ ~c~ ~egidered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH S ~ ~/ DAY OF .J - '~. ~ I Sig~:~t~re of o~c~/ before whom ~i:~dav~ w:~ m~de My commission ~xp:res on~ 7 .13 ~ Postage I.rl ~ Certi~ed Fee Return Receipt Fee (Endorsement Required~ Restricted Delivery Fee (Endorsement Require~} Total Postage & Fees 0 2.~ .69 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ,~ .~ -- ._~:~ ~ 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 OTY I/v~G DIST. NO ~ ~ yill ~.~LY ~en this ~,.,~ ,s.~,~ ~ I ~ ~ ...... ' ....... ~',x - .- ~. . . 1~8~ ' ' ' ~ ~tice of A~I. ~ ~ei~d ~y t~ Dis~ict ~sfice, ~11 ~ as a ~PER~EDEAS ~ ~ j~t ~ ~ssi~ in ~is cas~ FILE A COMPLAINT within twe~y (20) da~ after Si~atu~ of ~ot~y or D~ty filing his NOTI~ of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th~ section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D~strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon aDpellee). PRAECiPE: To Prothonotary Enterruleupon d~'~ .~O ,~ ~r / .,~,'l'$ ~,'.~ ; /~ ~ ... ,~l/.~.K ~ / r~/J) ¢,rv'! ~ ~ /"f' .appellee(s).tafileacomplointin~isappeol · - ~ Name ~t at~6ettee(s) (co.,mon ,os 0 - 2 ?7 RULE, To [ )within twenty (20)days after/_.s~vic~,of rumor suffer entry of judgment of non pro, · (.l!.Y. ou ?re notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date 0f service o, m,s rule upon: ~y~., by persoflcll smrvice or, by ~ ~ ' , 'L:~L~p'-'''~'' ~'~,~' ' ' ~ I%.:' "' 2 If ' ' , ~-. . . ':'. '' ..L:'- "~ . .i~r . . · ~.. - NON'Pm,S WILL BE ENTERED' ' .'ih',.~4~.:..:.,....,x '~ o~ se~e of th .......';~" - - Date: /~.~. "~ O.~ ~! is the date of mailing. · , : --' ~' .. ^OPC 312-90 COURT FILE KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl-03-397 CIVIL ACTION - LAW 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 is 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 document 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. As provided by Pennsylvania Rules of Civil Procedure No. 1018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl-03-397 CIVIL ACTION - LAW AND NOW, comes the Plaintiff, KLP Enterprises, Inc., t/a Lindham Court Apartments, by its attorneys, Wix, Wenger & Weidner, and files this Complaint, alleging the following in support: 1. Plaintiff is KLP Enterprises, Inc., Fa Lindham Court Apartments, whose business address is 1101 Lindham Court, # 704, Mechanicsburg, PA 17055. 2. Defendant, Joseph Rebecca, is an adult individual whose last known address is 2160 Holland Road, Stock Bridge, MI 49285. 3. Defendant, Patrick A. Rose, is an adult individual whose last known address is 1101 Biglerville Road, Gettysburg, PA 17325. 4. The amount in controversy does not exceed the amount as required by the Cumberland County rules regarding compulsory arbitration. 5. Jurisdiction is proper in this Court because Plaintiff's cause of action arose in Cumberland County. 6. On or about the 1st day of November 2002, the Plaintiff entered into a written lease (the "Lease") with Defendants, leasing to them the premises known as 1101 Lindham Court, # 602, Mechanicsburg, PA 17055 (the "Premises") on a month - to - month basis beginning on the 1st day of November 2002 at a monthly rental rate of One Thousand Six Hundred Fifty Dollars ($1,650.00) payable on the first day of each month. A true and correct copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference. 7. Defendants entered into possession of the Premises on or about August 1, 2002 pursuant to a prior lease. 8. On or about December 23, 2002, Defendants vacated the Premises in violation of the Lease. 9. At the time Defendants vacated, they had not paid rent for the month of December. 10. As a result, they are liable for a 10% late charge in the amount of $165.00. 11. At the time Defendants vacated, the Lease had already renewed for the month January 2003. 12. After Defendants vacated, Plaintiff diligently attempted to re-rent the Premises, but was unable to do so prior to January 31, 2003. 13. Despite demand, Defendants have failed to pay rent for the months December 2002 through January 2003. 14. Defendants are obligated to Plaintiff for rent for these months in the total amount of $3,300.00. 15. After Defendants vacated the Premises, Plaintiff cleaned the carpet in the Premises, which Defendants were obligated to do prior to vacating the Premises, incurring the cost of $68.90. Defendants are liable for this cost. 16. In connection with the Lease, Defendants gave a security deposit in the amount of $1,650.00, for which they are entitled to, and are receiving, a credit. 17. Defendants are also entitled to a $165.00 credit as a result of a payment they made to Plaintiff in January 2003. 18. The amount Defendants owe to Plaintiff after these credits is $1,718.90. 19. In accordance with Paragraph 13 of the Lease, Plaintiff has a right to receive for attorneys' fees 15% of any amount owed by Defendants, which equals $257.84. 20. In pursuit of its remedies under the Lease, on December 18, 2002, Plaintiff initiated this action in the office of District Justice Gayle Elder, docketed to number LT 347-02. Plaintiff was successful in the action and incurred costs therein in the amount of $104.50. Defendants are liable to Plaintiff for these costs. 21. The total amount owed to Plaintiff by the Defendants, including the costs set forth in paragraph 20 hereof, is $2,081.24, plus all court costs incurred in this action and interest. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in the amount of $2,081.24, plus interest and all costs incurred in this case, and such other relief as this Court deems just and appropriate. Respectfully Sub~ WiX, WENG.,~EI~NER Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: F:\srw~4813 (PLASTERER, KEITH)\12192 (LINDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)~DOCUMENTS\COMPLAINT.doc EXHIBIT A RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT ("Agreement")is made on this 1st day of November, 2002 by and between KLP Enterprises, Inc. d/b/a Lindham Court Apartments (ca!.~led "Landlord") and Patrick Rose & Joseph Rebecca (called "Tenant"). PROPERTY, TERMS & CONDITIONS: Landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord the property, including improvements, known as 1101 Lindham Court, Apt. 9602, Mechanicsburg, Pennsylvania 17055 (called the "Property") in accordance with the following terms and conditions: (a) Term of the lease: Month-to-Month. (b) Beginning date of the lease: November 1, 2002. (c) Ending date of the lease: With thirty (30) day written notice. (d) Monthly rent: $1,650.00(FURNISHED APARTMENT, INCLUDING HOUSEWARES) (e) Rent is due, and will be paid, in advance on the first day of each month. TENANT WAIVES ANY REQUIREMENT FOR DEMAND FOR RENT. (f) Late charge if Tenant does not pay rent by the fifth (5th) day of the month: Ten percent (10%) of monthly rent. (g) Tenant will pay to Landlord the sum of Twenty-Five Dollars ($25.00) for each of Tenant's checks which are not honored by Tenant's or Landlord's bank for any reason. If any of Tenant's checks are returned to Landlord for any reason, Tenant's rent will be deemed to be late, and Tenant will be subject to late charges. (h) Security deposit received from Tenant: $1,650.00. (i) Property will be used only as Tenant's Principal Residence. (j) Rent payments are to be made payable to KLP Enterprises, Inc. and delivered to 1101 Lindham Court, Apartment %704, Mechanicsburg, Pennsylvania 17055. (k) Landlord and Tenant agree that: Landlord will pay for: Tenant will pay for: X X X X X Water X Water Gas (heat/hot water) X Gas (heat/hot water) Electricity X Electricity Lawn Care Lawn Care Snow Removal Snow Removal Sewer Sewer Trash Trash Real Estate Taxes Real Estate Taxes Cable X Cable Telephone X Telephone Other: Other: (1) The Property is being rented in its present condition. acknowledges that he has inspected the Property and has provided Landlord in writing a notation of all existing damages. Tenant (m) (n) Co-Signer (s) /Guarantor (s): N/A Other persons residing with Tenant in Property: SECURITY DEPOSIT: Landlord may hold Tenant's security deposit as security for the payment of all rent and other amounts due from Tenant, for the performance of this Agreement, and for application against any damages caused by Tenant, his guests or family to the Property. The security deposit may not be applied as rent or other amounts due from Tenant without Landlord's prior written consent. Tenant will pay all required monthly rent payments, including rent for the last month of this Agreement. TENANT'S PROMISES: Tenant, and all persons on the Property with Tenant's permission, will: (a) obey governmental building and housing regulations; (b) keep the Property clean and safe; (c) remove from the Property all trash, garbage, rubbish, and other waste in the manner established by Landlord, laws and/or government regulations. If Tenant does not comply with this provision, Tenant will be liable to Landlord for all costs incurred by Landlord in removing trash, garbage, rubbish and other waste on behalf of Tenant; (d) use in a responsible manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in the Property; (e) not deliberately or carelessly destroy, deface, damage, impair, or remove any part of the Property, or the building containing the Property or knowingly permit his/her guests, invitees, licensees, or agents to do so; (f) behave in a manner that will not unreasonably disturb the neighbors' peaceful enjoyment of their property; (g) make no changes or alterations to the Property without the prior written permission of the Landlord. Any change, alteration or improvement made to the Property will belong to the Landlord and must remain on the Property, unless otherwise agreed to in writing; (h) promptly notify Landlord of all necessary structural repairs; (i) not keep dangerous or flammable materials on or in the Property; (j) permit Landlord or Landlord's agents, including prospective buyers (NOT prospective tenants), to enter the Property at reasonable hours and upon reasonable notice for any reasonable and lawful purpose. In the event of an emergency, Landlord may enter the Property without notice; (k) permit Landlord to show the Property to prospective tenants at reasonable times, after Landlord or Tenant has given written notice to the other to end this Agreement; (1) (m) permit Landlord to place sale, rent or information signs on or near the Property to inform the public that the Property is available for sale or rent; move out peaceably when this Agreement is ended; (n) understand that Landlord is not required to make repairs caused by Tenant's unreasonable, careless or willful conduct or similar conduct by any other person on the property with Tenant's permission; (o) obey all rules and regulations attached, if any, or which Landlord enacts; (p) obey and comply with all federal, state and local laws, ordinances and regulations; (q) not vacate or desert the Property during the term of this Agreement or any extension or renewal of this Agreement, or permit the Property to be empty and unoccupied; (r) not do or allow to be done, any act which may cause the fire insurance or any other insurance to become void or suspended, or the rate increased. If insurance premiums on the Property increase because of any action or conduct of Tenant, Tenant's guests, or anyone invited to the Property by Tenant, Tenant agrees to pay any such increases as additional rent; (s) test fire/smoke detectors in the Property monthly, or more frequently if recommended by the manufacturer, pay for and replace batteries in all fire/smoke detectors, and notify Landlord immediately if Tenant finds that any fire/smoke detector is not working properly. PAYMENT OF RENT: Tenant agrees to pay the rent and all other charges (which are also considered as rent) according to Paragraphs l(d) and l(e). If the Landlord accepts rent or other charges after their due date on any occasion, such acceptances will not excuse future late payments or act as a waiver of any of the Landlord's rights. Tenant agrees that any charge, cost, or payment agreed to in this Agreement to be treated or collected as rent may be recovered by Landlord in the same manner as rent. NO PETS: Tenant will not keep any pets in or on the Property without first signing Landlord's Pet Addendum. Tenant will not allow others' pets to visit the Property without first obtaining the written permission of Landlord. DELAYED POSSESSION. If Landlord is unable to give Tenant possession of the Property at the beginning of the term of this Agreement for any reason not caused by Tenant or Tenant's agents, Tenant will have the choice of: (a) ending this Agreement and recovering rent and/or security deposit (without charge or interest) and any other money already paid; or (b) delaying the beginning of the term until Landlord is able to give possession. No rent will be due until possession is available. Landlord is not liable for damages where failure to deliver possession is due to conduct of a prior tenant in refusing to vacate the Property, or other conditions beyond Landlord's control. DEFAULT BY TENANT: Each of the following is a default of this Agreement: (a) (b) (c) (d) (e) Failure of Tenant to pay rent, late fees or other charges which are due under this Agreement when they are due; Failure of Tenant to comply with any provision of this Agreement or any Rule or Regulation of Landlord; The residing in the Property by any person who is not named on this Agreement or on Tenant's application for lease; The falsification by Tenant of any information on his application for lease; and Failure of any of Tenant's guests, family or invitees to comply with the provisions of this Agreement or any Rule or Regulation of Landlord. WAIVER OF NOTICE TO QUIT: Whether because of the end of the term of this Agreement or a default of this Agreement by Tenant, Landlord may demand that Tenant vacate the Property immediately without any prior notice. TENANT WAIVES THE REQUIREMENT OF ANY NOTICE TO QUIT OR VACATE AS OTHERWISE REQUIRED BY LAW. LANDLORD'S REMEDIES: If Tenant commits any act which constitutes a default of this Agreement, Landlord will be entitled to the following remedies: (a) (b) Landlord or its representative may file a legal action of eviction pursuant to the Pennsylvania Landlord/Tenant Act. Landlord or its representative may file a legal action for unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, damages, and other amounts due from Tenant. (c) Landlord or its representative may pursue any other remedies available to it under law for possession of the Property, unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, and all damages and charges due from Tenant. Landlord may use any or all of these remedies against Tenant. Landlord's use of one remedy does not prevent landlord from using another. 10. 11. 12. LA/gDLORD'S RIGHT OF.ENTRY: Landlord may re-enter and take possession of the Property in accordance with law if one or more of the following occurs: (a) if Tenant abandons or vacates the Property; or (b) if Tenant vacates the Property after being told to do so by Landlord resulting from Tenant's violation of any provision of this Agreement, or of any Rule or Regulation; or (c) if Tenant is evicted from the Property, as a result of Tenant's violation of any provision of this Agreement, or of any Rule or Regulation. Landlord's re-entry is not an acceptance of Tenant's abandonment or waiver of any breach. In no event will Landlord's re-entry terminate Tenant's liability to Landlord under this Agreement. Tenant will remain liable to Landlord for all rent, rent loss, vacancy loss and/or damage which may be due or sustained prior to Tenant's abandonment, vacating or eviction. Tenant will also be liable to Landlord for damages in the amount of the rent due under this Agreement for the remainder of the term of this Agreement or any renewal term, less any amount received by Landlord during the term from others to whom the Property may be rented. Landlord may re-rent the Property on such terms- and conditions and at such rent amounts as Landlord, in its sole discretion, deems proper, reasonable and advantageous. Tenant will also be liable to Landlord for all costs and expenses related to re-renting the Property, including but not limited to, repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the Property and agent's (broker's) fees. All of the damages and costs are payable by Tenant to Landlord immediately upon demand. INSURANCE: Tenant understands that: (a) Landlord's insurance does not cover Tenant, Tenant's property, guests or family of Tenant or their property. (b) Tenant should have fire and liability insurance to protect Tenant, Tenant's property, and guests and family of Tenant who may be injured or sustain a loss while on the property. (c) Paragraphs (a) and (b) also apply to any automobiles or vehicles Tenant parks at the Property or anywhere on Landlord's property. I~EPAIRS AND ~INTENANCE: (a) Tenant is solely responsible to pay for all repairs made necessary by Tenant's conduct or the conduct of Tenant's guests or family. Tenant is also responsible to replace interior and exterior light bulbs as needed. (b) Landlord is not responsible to make any repairs of which it has no knowledge until Tenant notifies Landlord in writing of the need for repairs. 13. 14. 15. 16. ATTORNEY'S FEES: If Landlord sues Tenant for nonpayment of rent or other amounts due, or for violations of any other term or condition of this Agreement or any rule or regulation, Tenant agrees to pay to Landlord, as additional rent, reasonable attorneys fees incurred by Landlord, or legal fees in the amount of fifteen percent (15%) of any amount claimed by Landlord against Tenant, plus all costs incurred by Landlord in the legal proceedings. EARLY TERMINATION: If Tenant desires to terminate this Agreement earlier than the expiration of then-current term of this Agreement, then Tenant must do all of the following: (a) give Landlord written notice at least sixty (60) days prior to the next rent payment due date; and (b) pay rent and all other amounts due through the end of the month in which the termination date selected by Tenant occurs; and (c) return keys to Landlord the day of moving out; and (d) leave the Property in good and clean, ready to rent condition; and (e) pay, in addition to any amounts due pursuant to subparagraph (b), liquidated damages prior to moving out in an amount equal to one (1) months' rent. (This is not to be deemed a penalty). IN THE EVENT THAT TENANT FAILS TO COMPLY WITH ANY OF THE ABOVE REQUIREMENTS, THIS EARLY TERMINATION OPTION WILL BE VOID AND TENANT WILL BE RESPONSIBLE FOR ALL DAMAGES INCURRED BY THE LANDLORD RESULTING FROM TENANT'S BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONTINUING RENT FOR THE REMAINDER OF THE TERM OF THIS AGREEMENT, LESS ANY RENT RECEIVED DURING THE TERM FROM A SUBSEQUENT TENANT. AUTOMATIC RENEWAL: Unless Landlord or Tenant gives the other thirty (30) days written notice prior to the end of the initial term of this Agreement, this Agreement will renew on like terms and conditions on a Month to Month basis. After the first renewal, this Agreement will continue to automatically renew on like terms until terminated by either party by giving the other thirty (30) days written notice prior to end of the then current term. Landlord is entitled to increase the rent payable by Tenant at the beginning of each new term of this Agreement. SURRENDER OF PROPERTY: The Tenant acknowledges receipt of the Property in a habitable condition, reasonably safe for occupancy. Tenant agrees to surrender and vacate the Property at the end of the lease term in as good condition as when received, except for reasonable wear and tear. Tenant agrees to return all keys for the Property to Landlord at the time of move out. If Tenant fails to do so, Landlord may treat any notice of move out from Tenant as null and void. In this case, Tenant may incur additional liability for rent and other expenses and damages set forth in this Agreement. 17. 18. 19. 20. Tenant will pay to the Landlord the cost of repairing any damage done by himself, his family, guests or visitors to the Property, the building containing the Property, and any common area. ABANDONMENT OF BELONGINGS: Tenant agrees that any belongings left in/on the Property, including, but not limited to, automobiles, after Tenant vacates the Property will be deemed to be abandoned by Tenant. If Tenant fails to recover abandoned belongings from Landlord within thirty (30) days after notice by Landlord, Landlord will be entitled to dispose of the belongings in any manner Landlord deems appropriate. Landlord will not be liable to tenant for any costs, damages, injuries or other amounts of any kind resulting from Landlord's disposal of the abandoned belongings. Tenant is liable to Landlord for all costs incurred by Landlord in disposing of any abandoned property. HOLDING OVER: In the event Tenant does not comply with Paragraph 16 of this Agreement, or if Tenant otherwise remains in the Property after the expiration of the initial or any renewal term, the Tenant will be liable to Landlord for any damages or other expenses paid or incurred by the Landlord as a result of Tenant's holding over. Tenant will also be liable to Landlord for rent for each month or partial month Tenant holds over in the amount of two times the rent payable by Tenant. ASSIGNMENT AND SUBLEASING: Tenant may not assign or sublease the Property without first obtaining the written approval of Landlord. Landlord may refuse to give consent for any reason Landlord deems appropriate. The consent by Landlord for any assignment or subleasing in one case or for one proposed assignee or sublessee is not to be deemed consent in another case or for another proposed assignee or sublessee. If Landlord consents to the proposed assignment or subleasing, Tenant will remain responsible for the fulfillment of the terms and obligations of this Agreement. Tenant will also be responsible for all acts or omissions committed by the assignee or sublessee. R~LEASE AND INDEMNIFICATION: Tenant releases Landlord from liability for any and all of the following, and Tenant agrees to fully indemnify Landlord for all costs, losses and liabilities incurred by Landlord as a result of the following: (a) Tenan6's default of this Agreement; (b) (c) (d) Damages or injuries to Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; Damages to the property of Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; Judgments, liens or encumbrances filed against Landlord or' the Property resulting from the conduct of Tenant or Tenant's family or guests; and (e) Damages or injuries to Tenant, Tenant's family or guests, or damages to any property of Tenant or Tenant's family or guests which are caused by any defects in the Property or by any condition or cause which was or should have been visible to or known by Tenant and of which Landlord is not aware. 21. 22. 23. 24. 25. 26. OWNER'S LIABILITY. No owner, partner, officer, employee, representative or agent of Landlord may be held personally liable in connection with this Agreement or any obligations entered into by or on behalf of Landlord. All claims against Landlord are enforceable solely against the Landlord's interest in the Property. Landlord and its representatives will not be liable for property damage or personal injury occurring in/on the Property unless the damage or injury results from Landlord's or its representative's intentional acts. RULES AND REGULATIONS: Landlord may make any reasonable rules and regulations which in its sole judgment Landlord may from time to time deem necessary or desirable. Tenant agrees to comply, and to ensure that his family, guests and visitors comply, with the rules and regulations. Rules and regulations attached and/or enacted by Landlord are binding on Tenant and are expressly made a part of this Agreement. EMINENT DOMAIN: If part of the Property is taken (condemned) by any governmental entity or any other authority, the rent will be reduced proportionately. If all of the Property is taken or is made unusable, this Agreement will end. In either case, no money paid to Landlord for the Property will belong to Tenant, even if all or part of the Property is sold or transferred to the authority. Upon any taking, sale, or transfer, Tenant will peaceably move out of all or part of the Property as notified. Tenant will be entitled to receive only those damages incurred in moving out of the Property. which are provided for by law. LANDLORD'S WAIVER: No delay or omission by Landlord in the exercise of any right or remedy for any default by Tenant will impair any of Landlord's rights or remedies or be construed as a waiver. The receipt and acceptance by Landlord of rent will not constitute a waiver of any default; it will constitute only a waiver of timely payment for the particular rent payment invclved. No waiver by Landlord of any default is effective unless it is in writing. No waiver of a default constitutes a waiver of any other default. SALE OF PROPERTY: If Landlord sells the Property, Tenant understands that Landlord will not have any further responsibility under this Agreement after the Property is sold to a new owner. In the event of a sale of the Property, Landlord will be entitled to terminate this Agreement by giving Tenant sixty (60) days notice. DAMAGE BY FIRE OR OTHER CASUALTY: (a) No Fault of Tenant: If the Property is damaged by fire or other casualty which does not result from any act(s) or omission(s) of Tenant, his family, guests or visitors, Landlord will repair it within a reasonable time and rent will continue to be paid by Tenant unless the damage makes the Property uninhabitable. If the Property is uninhabitable, Tenant's obligation to pay rent will cease until Landlord makes the repairs necessary. 27. If the Property is totally destroyed, this Agreement will terminate and Tenant, upon payment of all rent due to the date Tenant surrenders the Property, will not be liable for further rent. If only a portion of the Property is made uninhabitable, Landlord may, at its sole option, terminate this Agreement or repair the damage within thirty (30) days. If Landlord repairs the damage, Tenant will be entitled to a pro rata reduction in the amount of rent. (b) Fault of Tenant: If the Property is damaged by fire or other casualty which does result from any act(s) or omissions(s) of Tenant, his family, guests or visitors, Tenant will remain responsible to Landlord for all rent, rent loss, vacancy loss and/or damages which may be due or sustained. Tenant will also be liable to Landlord for damages in the amount of the rent due under this Agreement for the remainder of the term of this Agreement or renewal, less any amount received by Landlord during the term from others to whom the Property may be rented. Tenant agrees that Landlord may re-rent the Property on such terms and conditions and at such rentals as Landlord, in its sole discretion, deems proper, reasonable and advantageous. Tenant will also be liable to Landlord for all costs and expenses related to re-renting, including but not limited to repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the vacant unit and agent's (broker's) fees. All of these damages and costs are payable by Tenant to Landlord immediately upon notice. MISCELLANEOUS PROVISIONS: (a) Notices b~ Tenant. Any notice required by this Agreement to be given to Landlord from Tenant must be in writing and either hand delivered to Landlord or sent by certified mail, return receipt requested. Any other form of notice given by Tenant will not be effective. (b) Window Dressinqs. Ail window dressings, such as drapes or curtains, must be white or cream on the side facing outside the Property. (c) Kerosene Heaters. Tenant may not use kerosene heaters, electric heaters or any supplemental heating devise in the Property. (d) Laundry. Tenant may not hang laundry outside the Property. (e) Locks. Tenant may not alter or change any locks and may not install new locks on or in the Property without first obtaining Landlord's written permission. (f) Siqns. Tenant may not hang or attach any signs or advertising materials on the doors or windows of the Property or anywhere else on Landlord's property. (g) Fire Extinquishers/Smoke Detectors. Tenant must notify Landlord promptly of any needed repairs or charging to fire extinguishers and smoke detectors in the Property. 28. 29. 30. (h) Musical Instruments/HAMRadios. Tenant may not have or use on the Property Ham Radios, drums, pianos or organs without first obtaining Landlord's written permission. (i) Danqerous Activities. Tenant may not engage in dangerous activities, including, but not limited to, glass blowing or welding, on the Property. (j) Washer/Dr~er. Tenant may not install a washer or dryer in the Property without first obtaining Landlord's written permission. (k) Control of Children. Tenant must maintain control of all children who reside in or visit the Property. Tenant will not allow any child to run or play in any entrance or hallway, parking lot, or on any roof or fire escape, or on any porch other than Tenant's porch. (1) Vehicle~. Tenant is entitled to park a maximum of two vehicles at the Property. Ail vehicles must have current inspection and registration stickers. Any vehicle on the Property without current inspection and/or registration stickers will be considered an abandoned vehicle. (m) Waterbeds. Tenant may not use any waterbed or other water- filled furniture in the Property without first obtaining Landlord's written permission and providing proof of proper insurance. (n) Landlord's Belonqinq. Each of the following items belongs to Landlord and will remain in the Property after Tenant vacates: Refrigerator Garbage Disposal Dishwasher washer/dryer Smoke Detector Fire Extinguisher Stove Other: SUBORDINATION: This Agreement is subject and subordinate to any mortgage now on the Property or placed on the Property after the date of this Agreement. If any legal documents are necessary to make this subordination effective, Tenant agrees to sign and acknowledge the documents when given to Tenant. CHANGES TO AGREEMENT AND SEVERABILITY: (a) Chanqes. This Agreement may be modified or changed only in writing signed by both Landlord and Tenant. This Agreement constitutes the entire agreement between the parties. No verbal agreements or notices can or will modify the provisions of this Agreement. (b) Severabilit¥. If any term or provision of this Agreement or the application of any term or provision is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of it will not be affected. Each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. CAPTIONS: The captions used in this Agreement are for the purpose of convenient reference only and are not intended to express the full meaning of the clauses they introduce. 10 31. 32. 33. 34. PENNSYLVANIA LAW: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. TIME OF ESSENCE: Time is of the essence for this Agreement. PARTIES: Ail rights and liabilities given to, or imposed upon Landlord and Tenant, or waivers of Landlord and Tenant, extend to and bind the respective heirs, executors, administrators, successors and assigns of Landlord and Tenant. The word "Tenant" means each and every person mentioned as Tenant. If there are more than one Tenant, any notice required or permitted by the terms of this Agreement may be given by or to any one of the Tenants, and will have the same force and effect as if given by or to all of the Tenants. In the event that more than one person is Tenant under this Agreement, or in the event that a Co-signer/Guarantor signs this Agreement, Landlord or its representative may proceed with its available legal remedies against any or all of the Tenants and/or Co- signers/Guarantors, and the liability of each shall be "joint and several." This means that Landlord or its representative can sue any one or more of the Tenants and/or Co-signers/Guarantors for violations of this Agreement. FULL UNDERSTANDING: Tenant certifies that he has read, understands, and agrees to each and every provision of this Agreement, is fully aware of all obligations, duties, and remedies which are set forth in the Agreement and has had advice of an attorney, or has waived advice of an attorney, prior to signing this Agreement. 11 INTENDING TO BE LEGALLY BOUND, Landlord and Tenant place their seals and signatures on this Agreement: LANDLORD KLP Enterprises, Inc., d/b/a Lindham Court Apartments Date ~/-.'~ EAL ) T~enant ~~L Date GUARANTY OF PAYMENT AND PERFORMANCE In order to induce Landlord to offer the Agreement to Tenant, I, INTENDING TO BE LEGALLY BOb-ND, agree to ensure that Tenant performs all obligations of the Agreement. I guaranty to Landlord that all sums becoming due to Landlord by Tenant will be paid. This Guaranty will remain in effect throughout the term of the Agreement and throughout the terms of all renewals, even if the renewals are under new terms and conditions agreed upon by Landlord and Tenant. My liability is absolute, continuing and unconditional. Landlord will not be required to proceed against Tenant or invoke any other remedy before proceeding against me. I SPECIFICALLY WAIVE NOTICE OF ANY RENEWAL OF THE AGREEMENT AND NOTICE OF ANY CHANGE IN THE TERMS OR CONDITIONS OF THE AGREEMENT. WITNESS: (SEAL) (SEAL) C:~SR%qROOC U ME N"i~LPRE~IO.L8 E-Sep%wllbe' 28, ~ 12 VERIFICATION I, Jamie Plasterer, agent for Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Complaint are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS ,[~'mie Plasterer Date: KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl-03-397 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint was sent by certified mail, return receipt requested this day to the following: Joseph Rebecca 2160 Holland Road Stock Bridge, MI 49285 (Defendant, Patrick A. Rose to be served by the Adams County Sheriff) Respectfully Submitted, WIX, WENGER & WEIDNER Alison A. Zortman, L(~I~ Assis'ta~ 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLP ENTERPRISES INC T/A LINDHA VS REBECCA JOSEPH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROSE PATRICK A but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On March 12th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 15.70 .00 52.70 03/12/2003 WIX WENGER WEIDNER R( Thome~K1 ine Sheriff of Cumberland County Sworn and subscribed to before me this f ~1~ day of ~~ "' I ~ _~o~honota~ MASON DIXON BUSINESS FORMS. INC. 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ KLP ENTERPRISES, INC. t/a LINDHAM COURT APARTMENTS IN~TRUCTIOf~: ~ee "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reversa of the lest (No. 5) copy of this form. Please type er print legibfy, insuring readability of e, copies. Do not detach any copl~. AC~D ENV.# 2. COURT NUMBER 03-397 Civil ?erin Complaint in Civil Action 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: JOSEPH REBECCA and PATRICK A. ROSE SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Patrick A. Rose 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZiP CODE) AT 1101 B~iglerville Road, Gettysburg, PA 17325 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE i-] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL O POSTED [] OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. BIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER I 11. DATE {~ PLAINTIFF I Steven R. Williams, Esq. [] DEFENDANT (717) 234-4182 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ ] StGNATURE of Authorized ACBD Deputy or Clerk and Titleor complaint as indicated above. [V~rcb13' Dete Received J 14. Expiration /Heering date4, 2003 15. I hereby CERTIFY and RETURN that I [] have personally served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/er Posting a TRUE and ATFE~TED COPY therof. 16. ]1~ I hereby cerlify and rotum a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual sewed 19. Addreas of where served (complete only if different than shown above) (Street or RFD, Apa~mant No., City, Boro, Twp., State and ZIP CODE) ~: 1101 Biglerv-ille Rd., Gettysburg, PA is the address for the Grandview Terrace office of PflC Bank. = A'"''=' I D' ] M"" I D'".'n'. 15 5.70 3/10/03 J18. A pm'eon of suitable age and discretion J Read Order Ihee realdlng in the defendanrs usual ( ~ ~ ax.~. o [] 20. Date of Service 21. Time sa J Dap. Int. 28.,"(X~l;~)IJ&]gR REFUND $134.30 Ck. #8850 AFFIRMED and subscribed to before me this day of N/A ~ By'(~dlE~[~)II). ~ ~ ~ Type) Ricbard S. Keefer 3/10/2003 Nm AN J71o/2oo3 MY COMMISSION EXPtRES I ACKNOWLEDGE RECEIPT OF THE 81~J~'a ~rIJRN 81QNATURE 39. Date Received OF AUTHORIZED 188U1~ AUTHORITY AND TITLE. PROTHONOTARY In The Court of Common Pleas of Cumberland County, Pennsylvania KLP Enterprises Inc t/a Lindham Court Apartments VS. Jos~.ph Rebecca et al SERVE: Patrick A. Rose N0. 03-397 civil Now, March 3, 200~ hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Ada-ns County to execute this Writ, this deputation being made at the reqUest and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ., 20 ., at o'clock ~ M. served the within upon by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this ~ day of ., 20 COSTS SERVICE MILEAGE AFFIDAVIT KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff and against Defendant, Patrick Rose, for his failure to plead to the Complaint in this action within the required time. The Complaint, which was filed on February 27, 2003, contained a Notice to Defend the action within 20 days from the date of service thereof. Defendant was served with the Complaint on Mamh 24, 2003, and his answer was due to be filed on April 14, 2003. Attached as Exhibit A is the Domestic Return Receipt evidencing service of the Complaint on Patrick Rose. Attached as Exhibit B are copies of Plaintiff's written Notice of Default in accordance with Pa.R.C.P. 237.1, which I certify were mailed by regular mail to the Defendant at his last known addresses on May 1, 2003, which is at least ten days prior to the filing of this Praecipe. Defendant has failed to appear or take any action. Please assess damages in the amount of $2,081.24, being the amount demanded in the Complaint, plus costs and interest. DATE: Respectfully S~ §mitted, WiX, WEN,~ ?& WEIDNER "/I ~tev6 R. Williams, I.D. #62051 508 I~ ,rth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RICHARD H, WIX THOMAS L, WENGER DEAN A. WEIDNER STEVEN C. WILDS THERESA L SHADE WIX DAVID R. GETZ STEPHEN J. DZURANIN STEVEN Ro WILLIAMS TRACY L. UPDIKE JEFFREY C, CLARK · N~ Member WiX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 TELECOPIER (717) 234-4224 www.wwwpalaw.com 4705 DUKE STREET HARRISBURG, PA 17109-3099 (717) 652-8455 TELECOPIER (717) 652-6290 PLEASE REPLY TO DUKE STREET OFFICE ( ) March 21,2003 Patr'ick A. Rose 705 Applegate Drive Marysville, Michigan 48040 Re: Lindham Court Apartments v. Rebecca and Rose No.: 03-397-Civil Term Our File No. 4813/12192 Dear Mr. Rose: Enclosed for service upon you is the Complaint that we have filed in this case. PURSUANT TO FEDERAL LAW~ YOU ARE ADVISED OF THE FOLLOWING' Unless you notify us within 30 days after receipt of this letter that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid. If you notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within 30 days, we will provide you with the name and address of the original creditor if different than the current creditor. This letter is an attempt by a debt collector to collect a debt, and any information obtained will be used for that purpose. The law does not require us to wait until the end of the thirty-day period before taking legal action against you. If, however, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your Patrick A. Rose March 21,2003 Page 2 WIX, WENGER & WEIDNER receipt of this letter, the law requires us to, and we will, suspend our efforts to collect this debt until we mail the requested information to you. Sincerely, //! Wix, Wenger~i~Neidner By:/'/' i/ ' ,//Stev~n :LAr~/illiams SRW/Ibs Enclosure Cc: Lindham Court Apartments (w/o enclosure) Certified Mail No..' 7002 1000 0005 3928 7730 Postage Ce~ified Fee Return Receipt Fee (Endorsement Required) Restricted Dellvery Fee (Endorsement Required) Total Postage & Fees Postmark Here · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. [] Addr,~-__~ee · Attach this card to the back of the mailpiece, B. Received by (Printed Name) lC. Date of Delivery or on the front if space permits. I~1 1. Article Addressed to: D. Is delivery address different ~ 1 ~ ~_,4,*~Y' l C~ ~ . ~,~.,0~_~_,..~ If YES, enter delivery address below: [] No 3. Sen/Ice Type ¼~ O~tO ~De~,~ed Ma,, [] Ex~. M.~, r-I Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number PS Form 3811, August 2001 Domestic Return Receipt 102595-O2-M-lS40.: Exhibit B KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 03-397 CIVIL TERM : : : · CIVIL ACTION - LAW TO: Patrick A. Rose, Defendant 380 Hemlock Lane Marysville, Michigan 48040 IMPORTANT NOTICF 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHETHER YOU CAN GET LEGAL HELP: DATE: May 1,2003 Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 WiX, WEN EIDNER /' P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW TO: Patrick A. Rose, Defendant 380 Hemlock Lane Marysville, Michigan 48040 NE)TICIA IMPORTANTi= USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVlClOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL: Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF ~ERVlCF I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: Patrick A. Rose, Defendant 380 Hemlock Lane Marysville, Michigan 48040 WiX, WENGER & WEIDNER DATE: May 1,2003 By: ~ o_,t.~'-~.,t_o.. ,..~ ' '¢o~.~,~.. Barbara Stafford, Legal J~sistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff KLP ENTERPRISES, INC., Va LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ·NO. 03-397 CIVIL TERM : : ' CIVIL ACTION - LAW TO: Patrick A. Rose, Defendant 705 Applegate Drive Marysvil'le; Michigan 48040 IMPORTANT NOTIC!= 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHETHER YOU CAN GET LEGAL HELP: DATE: April 17, 2003 Dauphin County Lawyer Referral.Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 WIX, WEN~EIDNER ~5~even~_. Williams, I.D. # 62051 '----508 Nc rth Second Street P.O. B~ ~x 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff Mo JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW TO: Patrick A. Rose, Defendant 705 Applegate Drive Marysville, Michigan 48040 NOTICIA IMPORTANTF USTED HA NO COMPLIDO CON EL AVlSO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL: Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW CERTIFIC. ATI= OF ~;I~RVICF I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: Patrick A. Rose, Defendant 705 Applegate Drive Marysville, Michigan 48040 WIX, WENGER & WEIDNER DATE: April 17, 2003 Barbara Stafford, LegalY~ssistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff ~°~ . < KLP ENTERPRISES, INC., t/a COURT APARTMENTS Plaintiff Vo JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS LINDHAM CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW To: Patrick A. Rose, Defendant You are hereby notified that on_~Ett_/_.~__' the following (E)rfler-~ (Beeree-) (Judgment) has been entered against you in the above-captioned case. $2,081.24, plus costs and interest. DATE: ~,,~, /~ ,,~ is: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice Patrick A. Rose 380 Hemlock Lane Marysville, Michigan 48040 Patrick A. Rose 705 Applegate Drive Marysville, Michigan 48040 A: Patrick A. Rose, Defendidos Por este medio se le esta notificando queen el ~ de del 2002, el siguiente (-(~, (E)eereto), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Patrick A. Rose 380 Hemlock Lane Marysville, Michigan 48040 Patrick A. Rose 705 Applegate Drive Marysville, Michigan 48040 KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW PRAI=CIPI= TO RI=ISSUI= THI= COMPLAINT TO THE PROTHONOTARY: DATE: Please reissue the Complaint in this case. Respectful~ Su~~, By:~_~ "~ //~~llc'~n~Ss' It ;eD;t~62051 P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff MOTION AND VERIFICATION [ CASE NO. FOR ALTERNATE SERVICE ,j,/71o3 V Service of process upon ~ ~'~)~.PH '~-~:A~ cannot be reasonably made as othe~Nise provided in MCR2.105, as shown in the following affidavit and verification of process server I AFFIDAVIT AND VERIFICATION OF PI~IOCESS SERVER I 1. I believe the.J~home and/or [] business address shown above is current. 2. I do not know the defendant's current [] home [] business address. I have made the following efforts to ascertain the current address: 3. I have attempted to personally serve the Summons in this case under MCR 2.105 ,~' _ times on the following dates: 3 'C:~o ' O3 . -~~____ and _ '~- -~:- ~-~-~ ; and I have been unable to se~e for the foll~ing re~ns: 4. I h,ve verified the defendant's address as follows: C~/~ ~ ~/~i ~i- ~ Q{=~' 5. [.have requested the Court order service by alternate means, z~ ,~ Pro~ss S~:ver (pri-nt or ty~e) ' :51ggature '- J ~RDER THE COURT FINDS 1. Service si process upon defendant ' ~---~)~. H'~¢'d-/~ cannot reasonably be made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give defendant actual notice of the proceedings and an opportunity to be heard. IT IS ORDERED 2. Service of the summons and complaint and a copy of this order may be made by the following method(s): a. ~irst class mail to designated address: ,~'! ":' b. ~acking or firmly affixing to the door at designated address: _ ' c. [] Delivering at the designated address: .. to a person who is of suitable age and discretion to receive process, with instructions to deliver it prom~ly to defendant. 3. For eaeh.~method used, proof of service must be promptly filed with th Date Judge/l Vt '''- J r ,r (3/02) MOTION AND ORDER FOR ALTERNATE SERVICE :~,e~tdxe uolss!wwoo uo ew eJojeq oi UJOA~ pu'e peqpoeqnS · tuepue~ep oi/qidmoJd ii. Je~yep o~, suoflorulsu, qp.~ '~';eooJd e/qeoeJ oi uo.~eJoslp pue eOe efqe~.n$ jo e! OCl~ PlOqesnoq s,iuepuelep jo Jeqwew eoi et~3 uo ' e~e(3 ~,e §upe~.leO 'g W Joop ecli oi §ulxu),e ,(lU.UU Jo §u?~oe1 oi LmUJ Sl~lO l~J!.-I '1. uodn eo~ues elewew~ JO~ Jep,lo eql jo/~:1oo e pue lU,mldwOo pue suowwns ekq. jo ~ · pe~es I i :,o,,u=,s-,o ooua I KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM : CIVIL ACTION - LAW pRAECIPE To the Prothonotary: Please accept for filing the attached Proof of Service evidencing service on Defendant, Joseph Rebecca, in accordance with the Order ~ Judge George E. Hoffer, entered on July 1,2003. Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:\srw\4813 (PLASTERER, KEITH)\12192 (LINDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)\DOCUMENTS\PRAECIPE.PROOF OF SERVICE.doc '"' MOTI N - ~ A.D VERIF, CAT, O, JUD,C__ D,STR,CT J CASE.O. LTERNATE SERVICE ~ IPlaindff name(s), addm,;~) ~ telephone number(s V 5efendant name(s), address(es) and telephone number(s) Service of process upo~t : _ cannot be reasonably made as otherwise provided in MCR2. f 05, as shown in the following affidavit and verification of process server I ' AFFIDAVIT AND VERIFICATION OF PROCESS SERVER ~ 1. I believe the ~1 home and/or [] business address shown above is current. 2. I do not know the defe,'ldant's current [] home [] business address. I have made the following efforts to ascertain the current address: 3. I have attempted to parer)nelly serve the Summons in this case under MCR 2.105 .... times on the following dates: ~ and ; and I have been unable to serve for the following reasons: 4. I have verified the d~nt's address as follows: 5. I have requested the Court order service by alternate means. Process Server (print or type) -- THE COURT FINDS 1. Service of process upen defendant __ cannot reasonably be made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give defendant actual notice of the proceeding~ and an opportunity to be heard. IT IS ORDERED 2. Service of the summO~and complaint and a copy of this order may be made by the 'oll~,j~t~ FROM RECORI) a. [] First class mail to designated address: b. [] Tacking or firmly affiXing to the door at designated address: _ c. O Delivering at the,~nated address: to a person who is of eUitable age and discretion to receive process' -- w~th ~nstrucbons t~d~liver it pr<~m ly tddef ~-c~.~__ d. [] Other: 3. For each/meth~d used, proof of service must be promptly filed with the Court. Date JudgeAMagis~ate ..~ ~/~ ,. (3/02) MOTION AND oRDER FOR ALTERNATE SERVICE - :$eJldxe uo!~s!~lt~O0 J~lN e.m~ uo eu~ eJo;eq o~, uJo~s pu'e peq~ogqns :JeqlO '~ · lu~puet~ o1 XlldU~o~d uodn eo!~Je~ el~UJelle Jot jepJo eql jo/~:tc)o ·pue lU!eldUJOO pue suotuwns eu, l Io JJdoo · pe,ues I KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-397 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff and against Defendant, Joseph Rebecca, for his failure to plead to the Complaint in this action within the required time. The Complaint, which was filed on February 27, 2003, contained a Notice to Defend the action within 20 days from the date of service thereof. Defendant was served with the Complaint on July 19, 2003, and his answer was due to be filed on August 8, 2003. Attached as Exhibit A is proof of service of the Complaint on Joseph Rebecca. Attached as Exhibit B is a copy of Plaintiff's written Notice of Default in accordance with Pa.R.C.P. 237.1, which I certify was mailed by regular mail to the Defendant at his last known addresses on October 27, 2003, which is at least ten days prior to the filing of this Praecipe. Defendant has failed to appear or take any action. Please assess damages in the amount of $2,081.24, J;)eing the amount demanded in the Complaint, plus costs and interest. Respectf ullytS/J:~mitted, BY~steven .~W~iams, i.D. #62051~'"'~ 508 Nolth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 //].?/~.~, Attorneys for Plaintiff DATE: F:\srw~813 (PLASTERER, KEITH)\12192 (LINDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)\DOCUMENTS\PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT.REBECCA.doc THIS IS AN ATFEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A KLP ENTERPRISES, INC., Va LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-397 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please accept for filing the attached Proof of Service evidencing service on Defendant, Joseph Rebecca, in accordance with the Order o/f Judge George E. Hoffer, entered on July 1,2003. / Respectfully ~¢bmitted, WiX, WEI~ /// ~-R & WEIDNER :L Williams, I.D. #62051 th Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:\srw\4813 (PLASTERER, KEITH)\12192 (LINDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)\DOCUMENTS\PRAEClPE.PROOF OF SERVICE.doc SLATE OFrMICHIGAN MOTI01{I AND'VERIFICATION JUDICIAL DISTRICT FOR ALTERNATE SERVICE CASE NO. Plaintiff name(s), address(es) and telephone number(s) v Oelendant name(s), address(es) and telephone number(s) Service of process upon · cannot be reasonably made as otherwise provided in MCR2.105, as shown in the following affidavit and verification of process server I AFFIDAVIT AND VERIFICATION OF PROCESS SERVER 1. I believe the i"3 home end/or [] business address shown above is current. 2. I do not know the defendant's current [3 home [] business address· I have made the following efforts to ascertain the current address: 3. I have attempted to pembnally serve the Summons in this case Under MCR 2.105 times on the following dates: and ; and I have been unable to serve for the following reasons: 4. I have verified the defendant's address as follows: 5. I have requested the Court order service by alternate means. Process Server (print or type) Signattire THE COURT FINDS 1. Service of process upon defendant ': · cannot reasonably be made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give defendant actual notice of the proceedings and an opportunity to be heard. : IT IS ORDERED 2. Service of the summons and complaint and a copy of this order may be made by the foll~ll~l[~t~r~ FROM REcOI a, [] First class mail to designated address: I~t b. D TacUng or firmly affixing to the d~r at designated a~rass: ' c. ~ Delivering at the designat~ address: to a pemon who is of suitable age and dictation ,o receive pr~e~, with instruction~ t~liver~~f~ d. ~ Other: 3. For each method used, proof of service m~st be promptly filed with the Court. Oate Judge/Magistrate (3/02) MOTION AND ORDER FOR ALTERNATE SERVICE 'ue~q~ '~unoo enU. 'US ',k.~'1"1~ '0 '13VHOIIH ° ~ ~ ~ ~ UO ' :seJ!dxe uo!es!wmoo uo em eJoJeq ol uJo~s pue peqpo~qns :Jeqlo · luepue~p o),/[lidUJoJd 1! Je~llep o), suo.~misu! ~ 'eseooJd e^!eoeJ o{ uo.qe~os!p pue eBe elqel!ns to e! oq~ ploqesnoq ~,iuapuelep {o Jeq[ue~u · o~, J gOIAU;IS dO dOOUd J EXHIBIT B RICHARD H. WIX THOMAS L. WENGER DEAN A. WEIDNER STEVEN C. WILDS THERESA L. SHADE WIX * DAVID R. GETZ STEPHEN J. DZURANIN STEVEN R. WILLIAMS JEFFREY C. CLARK WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 TELECOPIER (717) 234-4224 4705 DUKE STREET HARRIS~JRG, PA 1710g-3099 (717) 652-8455 TELECOPIER (717} 652-6290 October 27, 2003 Joseph Rebecca 2160 Holland Road Stock Bridge, MI 49285 Re: Lindham Court Apartments v. Rebecca & Rose No.: CI-03-397 Our File No.: 4813/12192 Dear Mr. Rebecca: Enclosed for service upon you is a Default Notice regarding the above referenced case. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECzT~'DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURp/~SE. Sincerely yours,,/ Wix, Weng~r~/A~/eidner By' , /aaz ~teven~. Williams Enclosure KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM : CIVIL ACTION - LAW TO: Joseph Rebecca at 2160 Holland Road, Stockbridge, MI 49285 (Defendant) DATE OF NOTICE: October 27, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WENG~~DN WIX, ER By:./' / ~ ~ P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff THIS IS AN A'I-rEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: Joseph Rebecca 2160 Holland Road Stockbridge, MI 49285 WiX, WENGER & WEIDNER P,O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:~srv~4813 (PLASTERER, KEITH)\12192 (LiNDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)\DOCUMENTS~DEFAULT NOTiCE.doc ~ oZ o ~ © KLP ENTERPRISES, INC., t/a COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A. ROSE, Defendants : IN THE COURT OF COMMON PLEAS LINDHAM : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-397 CIVIL TERM : CIVIL ACTION - LAW To: Joseph Rebecca, Defendant You are hereby notified that on./l~O I~, ,,Z,, the following (~ (Decree) (Judgment) has been entered against you in the above-capt oned case. $2,081.24, plus costs and interest. DATE:/I/I;L,J(~."4 Prot~h'/on4~ota-~"~ ~' ~1~. (~~.~ I hereby oertify that the name and address of the proper person(s) to receive this notice is: Joseph Rebecca 2160 Holland Road Stock Bridge, MI 49285 A: Joseph Rebecca, Defendido Por este medio se le esta notificando queen el __ de del 2003, el siguiente (6)rdert), (E)eereto), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Joseph Rebecca 2160 Holland Road Stock Bridge, MI 49285 F:~srw\4813 (PLASTERER, KEITH)\12192 (LINDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)\DOCUMENTS~36 NOTiCE.Rebecca.doc ther Fi~mcial In ,.~ oflnde ANTHONY MUSTAFA WILLIAMS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN : WEXFORD HEALTH SOURCES, INC.,: KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.O. CASIAS, : C.O. SULLIVAN, C.O. BARTOLONE, : C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, .' JOHN AND JANE DOES OF CENTRAL: OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR : JANE DOES OF SCI-ALBION, : DEFENDANTS : 03-3975 CIVIL TERM ORDER OF COURT AND NOW, this 4t~ day of March, 2004, on the motion of defendants for a protective order, IT IS ORDERED: (1) Defendants need not answer plaintiff's requests Numbers 2 and 3 (Paragraph 12 of the motion for a protective order). (2) Defendants need not answer plaintiff's requests Numbers 20 and 21 (Paragraph 15 of the motion for a protective order). (3) Defendants need not answer plaintiff's request Number 15 (Paragraph 17 of the motion for a protective order). (4) Defendants need not answer plaintiff's requests Numbers 18 and 19 (Paragraph 19 of the motion for a protective order). (5) Paragraph ~1 of defendants' motion for a protective order as to plaintiff's request Number 4, IS DENIED. Defendants shall provid, e plaintiff the discovery requested in Number 4. (6) Defendants need not answer plaintiff's requests Numbers 13 and 16 (Paragraph 23 of the motion for a protective order). (7) Plaintiff's motion to compel discovery, IS GRAJ4TED. All discovery sought by plaintiff, other than that subject to the within protective order, shall be completed not later than 90 days from this date. Anthony M. Williams, DT 6828, Pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Edgar B. IE~ayley, J. Michael J. McGovern, Esquire For Dandis Dascani, Wilma Sewell, Randy Nieswonger, Officer Casias, Officer Sullivan, Paul Bartolone and Officer Yurcak ;sal TRUE COPY FROM RECORI) In Testimony whereof, I here unto 'set my haid _en~. the seal of s~id Coutt,.~ C~rlisle, Pa. _ / G~roup Corporation Companies Sheets Assets Current assets: Cash i Accounts receivable Tota Equipment, net for 2000 and Other assets Total assets Liabilities and Current deficit Accrued and benefits Reserve Line of c liabilities Total deficit ' notes. deficit 1999 1,589,144 7,600 105,000 283, gl2 403,042 356,889 150,117 24,988 $ 8,759,689 $,522,213 $ 5,807,000 3,198,809 - 45,000 2,423,030 94,223 704,031 910,976 14,679,665 11,909,175 2,000 3,000 (517,143) (3,152,486) (515,143) (3,149,486) -2- a -8--/,,,>% ¥. WEXFORD MEDICINE IN CORREC'I1ONS MITCHELL M, SADAR CLINICAL DIRECTO SADAR PSYCHOLOGICAL S PAGE3 HEALTH CARE SERVICES FOR EAST, WEST, AND CENTRAL REGIONS PENNSYLVANIA DEPARTMENT OF CORRECTIONS RFP #101-123 1982 - 1984 S~ 1981 STAFF as Interdiscipli~ ion. ent Unit patie~ ;TOWN Program writing a g .. ~arding patient a 3 psychotherapy in Individual lical evaluation of UNIT bout 1c. 82 manag~ Psychok Master's DE Univer= Bachel( INTERN PA k on famil ,-1983 ~-1974 le, graduated Phil with honors ,and case ~, #PS-004097-L · =sycholog · ists in · 4, · Greater iouslssues ,ion 36 Member 10 APRIL 2001 VOLUME I: VENDOR QUALIFICATIONS PAGE 6~ -[- I00i~ '9 ludV sT ,l~'*cI1 q . . : s~ [I alON '[00~ '6 qoal~ &!uuojuo~ u! 'suo!lm,do ~!oql jo p*le!FjJV pue lie u! 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