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HomeMy WebLinkAbout03-1221COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT FRO~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na. ~ Q, ~v i / NOTICE OF APPEAL /~ ~ rc~ ! ~/o o~C70~ ~e is g~ ~ ~ ~t ~s find in t~ a~ Co~t of C~ P~s ~ a~l ~ ~ j~t m~ ~ ~ ~stri~ Justice ~in~c~~~ ~Shiell 38 Bellaire Avenue Carlisle PA 1 701 3 3- 6- 03 ~llins ~ ~ ~ Dan DaShiell and Regina DaShiell LT U000055-03 This b------~ck will~-~~~nototionisrequiredunder ~~_~~' ~ I~r.vi_ne Row 1008B. Pc~ R.CR P. JP. No This Notice of Appeal, when received by the District Justice, will operate as a lOOl ( 6 ) in action before District Justice, heMUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT wilhin twenty (20) days after $~;na~honotary or ~L~outy filing his NOTICE of APPEAL. RULE, To_ 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,J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon James j Collins Name ol al3pellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas Ncx 03- ) within twenty (20) days after.or suffer entry~ judgn/ent of non pros, James J Collins , ~p~s). Name of appeaee(s) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of smvice of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailin~ AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WiTHIN TEN (10) DAYS AFTER filing the notice of appeal, Check app/icabfe boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .............. ;SS AFFIDAVIT: I hereby swear or affirm` that I served · , a, Common Pleas No, , upon the District Justice designated therein ~ a copy .of the~ Not~ce of Appe . - ..... ~"' ~7~'~)'~(-~r-~ice [] by (certified) (registered) mail, sender s (date ot serwce) ................................ ::.---:--:;- ............ 7,,~:" u , ...... on ieceipt attached hereto, and upon the appellee, ~name) E] by personal service [] by (certified} (registered) mail, sender s receipt attached hereto. [] and further that i"S~rved the Rule to File a Complaint accompanying the above Notice ol Appeal upon the appellee(s) to whom. [~] by personal service [~ by (certified) (registeredi the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ...................................... DAY OF ...................................... S~gnature c~l a~'t,,n, My commiss on ezpires on COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERL~'TD Mag. Dist. No: 09-3-03 DJ Name. Hon. SUSAN K. DAY ^~,,ss: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA ~".~o~o: (717) 486'7672 17065 ~EGINA DASHIELL, DEF. 38 BELLAIRE AVE. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: NOTICE OF JUDGDiENT/TRANSCRIPT PLAiNTiFF: RESIDENTIAL LEASE NAME and ADDRESS F'COLLINS, JAM~S J 263 RICHLAND ROAD CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS · ASHIELL, DAN & REGINA, 257 PINE GROVE 1~D. C-,ARDNERS, PA 17324 L Docket No.: LT- 0000055 - 03 Date Filed: 2/25/03 ET AL. ~ Ju ..(~ment: ~ FOR PLAINTIFF ~ Judgment was e~ntered_for; (Name) COLLINSJAMEEI ~--~ Judgment was entered against DASI~'IELL, DAN' & ~.~GINA ' - Landlord/Tenant action in the amounl of $ 6 ~ 229.30 on 3/06/03 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 495.00. The total amount of the Security Deposit is $.. .00 Total Amount Establish,~d ,,by. [~J ,l~ess .Security Deposit A.p~)l~d = Adjudica~f0/~o,u~0 Rent in Arrears $ o, u:~. =)u - Physical Damages Leasehold Propedy Damages/Unjust Detention ~ - O0 - ~. ,00 = ~ , ~0 .00-$ .00 = $ Less Amt Oue Defendant from Cross Complaint interest (if DrovJded by lease) -$ $ L/T Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ . Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 'not satlshea by tIme ot eviction. ~-"-J Defendants are jointly and severally liable. .00 -00 .0~ 6t229.30 ~--} Attachment Prohibited/ Victim of Abuse (Act 5, 1996) [--'~ This case dismissed without prejudice. ~--~ Possession granted, Possession granted if money judgment i., Possession not granted. IN AN ACTION-INV~LV-I.N6t-ARE~IDENTtA~- LEAeE,-ANY PART-%~HAG THE-RIGHT-T~P9EAE Fg~M A g~D~MENT~ 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 APPEA~ 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~RANSCRIP~ F~RM WITH THE NOTICE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, tF T '~' ~' ~'M~T HOLDER ~ . . ~' · "]. bF'd6~O~ PL~AS"AND NO'FURTHER'PROCESS MAY, BE ISSUE~ BY. THE DISTRICT JUSTICE .-.. ~-~' ' ' ,. ,~ ....-~ ~,' ::.,. ~[ '?~'~: ~$'..~HE, d. UDGMENT I~ 'ENTERED INTHE-COURT OF:cOM o LEAS, N E ESTED lU tHE; U0G :eA ' iL <:,:~;.,'F'-~'~.':..~.'-~-'~,.'' . : -' ~., .... "· .--.,.' :'"[ -".. "'-- · .'. ......... · ~ '" ',.'~', : ~"' :: : ....' "'...-' '"' / /I " ' ,%' .:' .'. II certify that this is a true an~or~ c~Y of the record~f the ~oceedings containing the judgment. [ Date ~ .J , District Justic~ ~¥~9,,m.~ission expires first Monday of January, 2004. SEAL JAMES J. COLLINS, Plaintiff, DAN DASHIELL and REGINA DASHIELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- I~l CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the defendant in this action, Regina DaShiell, to proceed in forma pauperis. I, Philip C. Briganti, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to her. Date: Phi~lip C. B~anti t~ Attorney for DefendangRegina DaShiell MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .C~O~i~,~d ......................................................... ;ss AFFIDAVIT: i hereby swear or affirm that I served [~f,, ,?py ,of the Notice .oiLA~peaI; Qommon Pleas No, .~,{,.z/~.~_~. ~.~ ........ upon the District Justice designated therein on (da~e o~ service) ~/~ ?/~..~ ~ by personal service ~certified) ~ mail, sender's _ ~?.-...~ ....... ~ ....... ~ by personal service ~ertified) ~~;'~;~'~-~'~';~P~'~;~'~relo. ~nd further tsar I served the Rule to File a Complaint &ccompanying the ab~ve Notice of Appeal upon the appelte~(e) to whom the Rule was addressed on ~Z¢~ ~0¢~, D by personal service ~ by (certified~d) ma/i, sender's receipt attache8-~; . SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .................. DAY OF ................................................... estricted Delive~ Fee Totat Postage & FeeS ~~I1 ~ II I.rl Postage r-I Cert;~ed Fee ILl Return Receipt Fee ~ (Endorsement Required) ~ · r-1 Restricted Delivery Fee r--I (Endorsement Required) Total Postage & Fees /. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. COLLINS, Plaintiff Vo DAN DASHIELL and REGINA DAHIELL, Defendants No. 03-1221 CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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 Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. COLLINS, Plaintiff V. DAN DASHIELL and REGINA DAHIELL, Defendants No. 03-1221 CiVIL ACTION - LAW COMPLAINT AND NOW, this 9th day of April, 2003, comes Plaintiff, James J. Collins, by and through his counsel, Michael J. Hanft, Esquire, of Hanft and Knight, P.C., and files the following Complaint, and in support thereof avers as follows: 1. Plaintiff, James J. Collins, is an adult individual residing at 263 Richland Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Dan Dashiell and Regina Dashiell are husband and wife. Defendant Dan Dashiell, an adult individual, resides at 257 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. Defendant Regina Dashiell, an adult individual, resides at 38 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania. 3. At all times relative hereto, Plaintiff is and was the owner of the real property located at 257 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 4. On or about November 13, 2000, Plaintiff and Defendants entered into a Residential Lease wherein Defendants rented from Plaintiff the real property located at 257 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. A copy of the Residential LeaSe is attached hereto as Exhibit "A" and by reference incorporated herein as if fully set forth herein. 5. Pursuant to the term of lease paragraph of the Residential Lease attached hereto as Exhibit "A", the initial term of the Lease was three (3) years beginning on December 1, 2000 and ending on November 30, 2003. 6. Pursuant to the Residential Lease, paragraph 2 provides that the rent due for the initial term is Seventeen Thousand ($17,100.00) Dollars and is payable monthly, in advance, in the amount of Four Hundred Seventy-Five ($475.00) Dollars on the first day of each month. 7. Paragraph 2 of the Residential Lease further provides that tenant agrees to pay late charge of ten (10%) percent per month of the amount of any payment in default more than five (5) days. 8. 9. Defendants have not paid rent to Plaintiff since January, 2002. Defendants are in breach of the Residential Lease attached hereto as Exhibit "A" and by reference incorporated herein. 10. Plaintiff is entitled to collect a late charge often (10%) percent per month of the amount of any rent payment in default more than five (5) days pursuant to the Residential Lease attached hereto as Exhibit "A" and by reference incorporated herein. 11. Plaintiff has not released Defendant from the Residential Lease attached hereto as Exhibit "A" and by reference incorporated herein. 12. Plaintiff has, and continues to attempt mitigate his damages by attempting to rent the property known as 257 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 13. Defendants have not terminated the Residential Lease attached hereto as Exhibit "A" and by reference incorporated herein. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court find in his favor and against Defendants in the amount of Four Hundred Seventy-Five ($475.00) Dollars per month since January 1, 2002 and further find in favor of Plaintiff and against Defendants regarding a late charge often (10%) percent per month of the amount of any said due payment, Plaintiff further respectfully requests reimbursement of all costs and all fees necessary to bring this matter before the Court. Respectfully Submitted, HANFT & KNIGHT, P.C. M~~lre ' Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff F:\User FolderkFinn Docs\Gendocs2003\2694-3complaint.wpd VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities. F:\Uscr Folder\Firm Docs~Forrm~Litigation\Ve~ification,gencric IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. COLLINS, Plaintiff Vo DAN DASHIELL and REGINA DAHIELL, Defendants No. 03-1221 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 9th day of April, 2003, I, Michael J. Hanfi, Esquire, hereby certify that I have this day served the following persons with a copy of the Complaint, by first class, United States Mail, postage pre-paid, addressed as follows: Philip C. Briganti, Esquire MD PENN LEGAL SERVICES 8 Irvine Row Carlisle, Pennsylvania 17013 Dan Dashiell 257 Pine Grove Road Gardners, Pennsylvania 17324 HANFTff& KNIGHT, P.C. // 1VIich~el J. Hanf~, EsqUire Attomey D No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys tbr Plaintiff Exhibit "A" RESIDENTIAL LEASE Landlord: JAMES J. COlA,INS AND/OR ASSIGNS Tenant: DANIEL W. DASHIELL AND REGINA R. DASHIELL Landlord and Tenant hereby agree to lease property located at 257 PINE GROVE RD, GARDNERS, CUMBERLAND County, Pennsylvania, on the following terms and conditions: Term of Lease 1. The initial term of this lease is THREE YEARS beginning on DECEMBER 1,2000, and ending on NOVEMBER 30, 2003. Rent 2. The rent due for the initial term of this lease is SEVENTEEN THOUSAND ONE F1UNDRED Dollars ($17,100), and is payable monthly, in advance, in the amount of FOUR HUNDRED SEVENTY-FIVE Dollars ($475.00) on the 1s'r day of each month at the Rental Office of I,andl6rd or at such other place as the Landlord may from time to time request or mail to: Jim Collins, P.O. Box 27, Carlisle PA 17013. Tenant further agrees to pay a late charge of ten (10%) percent per month of the amount ~fany rent payment in default more than five days. If rent is mailed, the postmark date will determine the date of payment. If any check for rent is returned to Landlord for insufficient funds or other reason, a $25 fee will be assessed and late charges will continue until rent is actually paid by Tenant. Annual Review and/or Adiustmen_t 3. This lease shall be reviewed once a year and rents may be adjusted for the cost of increased expenses to Landlord. If the a4justment is not acceptable to Tenant, this contract may be terminated on the anniversary date upon 30 days written notice from Tenant. Purchase Option Upon the expiration date of this lease, and as long as Tenant's payment history has been satisfactory and Tenant's upkeep of property has been satisfactory, Tenant shall have the option to purchase 257 Pine Grove Road, Gardners at the then current appraised value, or a lesser price if agreed upon by Landlord and Tenant. It is understood that twenty percent (20%) of all gross rents paid by Tenant shall be credited towards the total agreed upon purchase price. In the event that Tenant applies for a mortgage and is turned down, Landlord agrees to continue the lease to the Tenant and extend this option for up to three (3) more years as long as Tenant re- applies for financing at least once every 12 months. Use 5. Tenant agrees to use the home only as the personal residence of Tenant and not to assign this lease or sublet the home. Tenant agrees not to alter or make additions to the home, its painting or its fixtures or change locks without Landlord's written consent. Tenant agrees not to do or to permit any act or practice injurious to the building, which may be unreasonably disturbing to other neighbors, or which may affect the insurance on the building. Utilities 6. The cost of utilities shall be paid as follows: (Circle one. Fill all blanks; if not applicable, use N/A) tteating for premises to be paid by Heating of water for premises to be paid by Electricity for premises to be paid by Landlord ~ant~ Landlord ~-~n'int~ Landlord Ten~~ Gas for premises to be paid by N/A Sewer charge to be paid by (serviced by cesspool) Water consumption to be paid by Other: Garbage (well water) Landlord Other: N/A Tenant agrees that Landlord shall have the right to temporarily stop utility service, in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere on Landlord's property. Care of Home 7. Tenant agrees to use due care in the use of the home and all other parts of Landlord's property, to give notice to Landlord of the need for repairs. Tenant agrees to pay for all repairs, including extraordinary cleaning of the home, its contents and to all other parts of Landlord's property which are required by any lack of care on the part of Tenant, members of his family or his visitors. Washer, dryer, dehumidifier and refrigerator are owned by Landlord, but Tenant shall be solely liable for the cost of repairs to and/or replacement of all these appliances. Landlord is not responsible for any food loss due to refrigerator failure. Landlord will make necessary repairs to the property within a reasonable time after Tenant notifies Landlord of the need for repairs. Tenant shall be responsible for any repair cost of $100 or less per incident. At the termination of the Tenant's occupancy, Tenant agrees to completely clean the home or to pay Landlord $20.00 per hour or Landlord's costs, if greater, to clean the home, and this sum may be deducted from any security deposit. Tenant is responsible for snow removal and lawn care. Landlord's Liability 8. The Landlord shall not be liable for any injury or damage to any person or to any property at any time on said premises or building from any cause whatever which may arise from the use or condition of said premises or building or from ice thereon, or from water, rain or snow which may leak into, issue or flow from any part of said building, or from the pipes or plumbing of the same, or from any place, or from any other cause, during the term or any renewal of this lease. Tenant agrees to indemnify and hold Landlord harmless from and against all liability, damage, loss, costs and expenses, including attorney's fees, occasioned by Tenant's breach of any of the covenants, terms or conditions of this lease, or caused by Tenant, his family or guests. Insurance 9. Tenant is required to carry Home Owner's Insurance for the premises with an amount equal to or greater than $50,000 on the building and on ali personal belongings of the Tenant. James J. Collins shall be named as First Lien Holder. Delivery of Possession by Landlord 10. If, due to circumstances beyond the Landlord's control, the premises shall not be ready for occupancy at the beginning of the initial term, this lease shall nevertheless remain in effect and rent shall be abated proportionately until the premises are so ready, and Landlord shall not be liable for delay; provided, that if the premises shall not be ready for occupancy thirty (30) days after said beginning, Tenant shall have the right to cancel this lease by written notice delivered to Landlord at any time after the expiration of said thirty days, but not after the premises are ready for occupancy. Tenant's remedy shall be limited to such right of cancellation, and upon such cancellation, neither party shall have any further right against the other, except Landlord shall repay any deposits made by Tenant. If Tenant shall oc'cupy the premises prior to the beginning of the initial term, such occupancy shall be subject to the terms of this lease, and tenant shall, prior to occupying the premises, pay proportionate rent for the period from the date of such oecupancy to the beginning of the initial term. Right of Entry_ 11. Tenant, shall have the right to enter the property at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease and, after notice of termination is given, to show the property to prospective residents. Landlord, or any person authorized by him, upon prior notice to or attempt to notify Security Deposit 12. Tenant agrees to pay a security deposit of FOUR HUNDRED SEVENTY-FIVE Dollars ($475.00). Tenant agrees to pay half the security deposit ($237.50) at the signing of the lease. Tenant agrees to pay the other half ($237.50) on or before January 1,2001. The security deposit shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this lease and against any damages caused to the premises or any other part of Landlord's property by Tenant, his family and guests. Tenant understands and agrees that Tenant may not apply the security deposit as rent or al~ainst any other amount due Landlord and that rent will be paid each month, including the last month of the lease term. Within thirty (30) days following termination of this lease and/or physically vacating of home, l,andlord shall return the security deposit, less any deductions from it on account of amounts owed by Tenant to Landlord, to Tenant by check payable to all persons signing this lease mailed to a forwarding address which must be furnished by Tenant in writing. Upon terminating of lease and vacating of home within terms and conditions set forth in the lease, Tenant shall return all keys and all copies of keys to Landlord within one (1) day of such vacating~ If keys are not returned within this time period, Landlord will have the right to change the locks on the premises specified in the lease and charge such lock change to Tenant. Use of Exterior 13. This lease confers rights on Tenant to use the exterior of the property. Use of the exterior shall be subject to the rules and regulations established by Landlord. Remedies of Landlord 14. If the Tenant: (a) Does not pay in full when due any and all installments of rent and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charge, expense or cost herein agreed to be paid by Tenant; or (b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or (c) Vacates the premises or removes or attempts to remove or manifests an intention to remove any goods or property there from otherwise than in the ordinary and usual course of business without having first paid and satisfied the Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the term above-mentioned; or (d) Becomes embarrassed or insolvent or makes an assignment for the benefit of creditors or if a petition in bankruptcy is filed by or against the Tenant or a bill in equity or other proceeding for the appointment ora receiver for the Tenant is filed or if the real or personal property of Tenant shall be sold or levied upon by any Sheriff, Marshall or Constable, then and in any or either of said events, there shall be deeded to be a breach of this Lease, and thereupon ipso facto and without any entry or other action by Landlord: (1) The rent for the entire unexpired balance of the term of this lease, as well as all other charges, payments, costs and expense herein agreed to be paid by Tenant, or at the option of Landlord, any part thereof, shall, in addition to any and all installments of rent already due and payable and in arrears and/or any other charge, expense or cost herein agreed to be paid by Tenant which may be due and payable and in arrears and/or any other charge or payment herein reserved agreed to be treated or collected as rent, be taken to be due and payable and in arrears if by the terms and provisions of the Lease, the whole balance of any unpaid rent and other charges, payments, costs and expenses were on that date payable in advance; or in the event of any of the foregoing at the option of the Landlord; (2) This Lease and the term hereby created shall determine and become absolutely void without any right on the part of the Tenant to save the forfeiture by payment of any sum due or by the performance of any condition, term or covenant broken; whereupom Landlord shall be entitled to recover damages for such breach in amount equal to the amount of rent reserved for the balance of the term of the lease. Confession of Judgment 15. If rent and/or other charges herein reserved as rent and/or other charges, payments or costs herein agreed to be paid by Tenant shall remain unpaid on any day when the same should be paid, Tenant hereby empowers any attorney of any court of record to appear for Tenant in any and all actions (including actions in ejectment) which may be brought for possession, for rent and/or the charges, payment, costs and expenses reserved as rent or agreed to be paid by Tenant, and/or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of possession, rent or other charges or expense, and in said suits ~'O CQNFE~.S~,~DGMENT AGAINST T_~T~ ~'.or possession and/or for all or any part of the rent specified in this lease anO then unpaid ali~I/0r"gti/i~;.~harges, payments, costs and expenses reserVed as rent or a~r~$d to be paid I~y Tenant, together with interest and costs and an attorney's fees and filing lfees. ! L~d'igrci' ma exercise this poWer as °{~'i~"a~"fi6~;rent a~.d~i"~fiarges reser',/ed as rent or ./-agreed to be paid by Tenant shall fall due or be in arrears, and such power maybe e:~ercised after the termination of this lease. Tenant waives any rights to stay of execution and extension on any levy of real estate pursuant to any such judgment and expressly waives the exemption of any property from levy and execution thereon as well as any exemption statutes now in force or enacted hereafter by any state or nation, to the extent such statutes can be waived. Amicable Action of Ejectment 16. Whenever this Lease may be terminated in any way provided herein, or whenever Tenant shall breach any covenant, agreement or duty under this Lease, it shall be lawful for any attorney as attorney for Tenant to file an agreement for entering in any competent court an AMICABLE ACTION AND JUDGMENT IN EJECTMENT AGAINST TENANT (and/or to confess judgment against Tenant per Paragraph 14 above) for the recovery by Landlord of possession of the premises, for which this Lease shall be sufficient warrant, whereupon, if Landlord so desires, a writ of possession may issue forthwith, without any prior writ or proceedings whatsoever, and provided that if for any reason after such action shall have been commenced the same shall be so determined and the possession of the premises remain in or be restored to Tenant, landlord shall have the right upon any subsequent default or defaults, or upon the termination of this Lease, to bring one or more amicable actions of ejectment to recover possession of the premises. Remedies Cunmlative 17. All of the remedies herein given to Landlord and all rights and remedies given to them by law and equity shall be cumulative and concurrent. The terminatiOn of this Lease shall not affect Landlord's right to exercise his remedies hereunder. Right to Enforce 18. Landlord shall have the right, at all times, to enforce any or all the covenants and provisions of this Lease, notwithstanding failure of the Landlord at any previous time, or times, to enforce his rights under the provision of this Lease. Regulations 19. Tenant agrees that he will comply and procure compliance of members of his family and his guests with the occupancy regulations which are attached as a part of this lease. Subordination 20. This lease is subject and subordinate to the lien of all mortgages now or at any time hereinafter placed upon any part of Landlord's property, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereofi Tenant agrees, on request, to execute such further instruments evidencing such subordination as Landlord may request, and if Tenant fails to do so, Landlord is empowered ~o do so in the name of Tenant. The Term "Tenant" 21. The term "Tenant" used herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be joint and several; that is, each named Tenant agrees to be individually liable for the Performance of all Tenant's obligations under this lease. Notice given by Landlord to any Person named as Tenant, or by any such person to Landlord, shall bind all persons signing this lease as Tenant. Inspection of Property 22. The Tenant acknowledges that he has personally inspected the premises and has found its condition to be habitable and acceptable. Reading of Lease 23. The Tenant acknowledges that he has read and understands the provision of this lease and realizes his rights both to consult with an attorney of his choosing concerning this lease and to propose amendments and additions to this lease. ~otice to Vacate 24. The Tenant expressly waives the benefit of all Acts of Assembly requiring any period of notice to vacate the premises upon termination of this lease and agrees to vacate the premises immediately upon the termination of this lease by whatever cause. Lease Entire Agreement 25. This lease contains the entire agreement between the parties, and it may be changed only as provided herein or by a writing signed by all parties. Tenant acknowledges that all blanks in this lease ~vere filled in prior to signing this lease. Regulations Tenants, members of their families, their visitors shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort or conveniences of any other resident. Musical or sound-producing instruments or singing within the home shall be inaudible outside the home between 11:00 pm and 9:00 the following morning. No Tenant shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the home or elsewhere in or upon the Landlord's property without prior consent of Landlord. Damage to storm doors and windows due to negligence will be the responsibility of Tenant. Tenant shall use plumbing and electircal installations only for thieir intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. 4. Only two persons will occupy the premises full time. 5. Two cats will be allowed. Tenant will be responsible for any and all damages caused by the cats. Tenant agrees that Landlord may change these regulations from time to time as may be required to protect the home or Landlord's other property or add to Tenant's enjoyment of it. 7. One 20-inch or less satellite dish may be installed on the building, but not on the roof. TENANT(S) HAS (HAVE) READ THE ABOVE REGULATIONS. INITIALS (60) 00) ( ) ( ) ( ) ( ) Intending to be legally bound, and in consideration of the lease with the above Tenant, the. undersigned, jointly and severally, hereby becomes surety to Landlord for the sums becoming owing to Landlord for the performance of the lease by Tenant and guarantees payment of all sums becoming owing to Landlord by Tenant. This agreement shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is absolute, continuing and unconditional, and Landlord shall not be required to proceed against Tenant or invoke any other remedy before proceeding against the undersigned. Landlord expressly agrees to notify the guarantor in the event of breach or default. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY-AT- LAW! LANDLORD: ,,7 .,~ /2' TENANT: DISCLOSURES James J. Collins, Landlord, is licensed by the Pennsylvania Department of State, Real Estate Commission, as a Broker. James J. Collins is the owner &the property you are about to lease and is acting as a private owner only in this transaction. There is no agency relationship between James J. Collins and any broker or any tenant with respect to this transaction. Any security deposit tendered as part of this Lease Agreement will be deposited and held, pending consummation or prior termination of the Lease Agreement, in Landlord's account at Commerce Bank, 65 Ashland Avenue, Carlisle PA 17013. ADDENDUM TO LEASE AGREEMENT BETWEEN JAMES J. COLLINS, LANDLORD AND DANIEL W. DASHIELL & REGINA R. DASHIELL, TENANT RE: Property located at 257 Pine Grove Road, Gardners Tenant understands that there is a cesspool for raw sewage, and Tenant agrees to conserve waste water to the cesspool. Tenant understands that should the current cesspool system fail to function properly and a new type of system needs to be installed, the rent may be adjusted to cover the additional cost to the Landlord upon the completion of the new system. LANDLORD: TENANT: DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS Housing built before ! 978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead- based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. PROPERTY ADDRESS: 257 Pine Grove Road, Gardners PA 17324 Iff ~ESS~OR'S DISCLOSURE (initial) ]tM- ~ (a) Presence of lead-based paint or lead-based paint hazards (check one below): ~t0~ [ ] Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (b) [ X] Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Records and reports available to the lessor (check one below): [ ] Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below): [ ] Lessor has no reports or records pertaining to lead-based and/or lead-based paint hazards in the housing. 2. LESSEE'S ACKNOWLEDGMENT (initial) .. (a) Lessee has received copies of all information listed above. ~ i~0 (b) Lessee has received the pamphlet "Protect Your Family from Lead in Your Home" (EPA 747-K-94-001). 3. AGENT'S ACKNOWLEDGMENT (initial) (a) Agent has informed the lessor ofthe lessor's obligations under 42 U.S.C. 4582(d) and is aware of his/her responsibility to ensure compliance. signatory is true and accurate. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, Date Date Agent Date Agent Date NOTE: Military Members, upon leasing a residence, please return a completed copy of this disclosure to the Carlisle Barracks Housing Office. 10 JAMES J. COLLINS, Plaintiff, Vo DAN DASHIELL and REGINA DASHIELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1221 CIVIL TERM NOTICE TO PLEAD TO: James J. Collins You are hereby notified to file a written response to the attached New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date Philip C. Bx~anti - ~ Counsel for Defendant R~gina DaShiell MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JAMES J. COLLINS, Plaintiff, V. DAN DASHIELL and REGINA DASHIELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1221 CIVIL TERM Defendants : ANSWER COMES NOW Defendant Regina DaShiell, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, and as her Answer to Plaintiff's Complaint, states as follows: 1. Admitted. 2. Admitted in part and denied in part. Defendant admits that she and Dan DaShiell are husband and wife, and that she lives at 38 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania. However, she denies that Defendant Dan DaShiell resides at 257 Pine Grove Road, Gardners, Cumberland County, Pensylvania, but she asserts that he resides at 23 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. However, as set forth below in Defendant's New Matter, said late charge is unenforceable as a penalty. 8. Denied. Defendant denies that Defendants have not paid rent to Plaintiff since January, 2002. 9. The averments of Paragraph 9 constitute a conclusion of law to which no response is required. 10. Denied. As set forth below in Defendant's New Matter, the alleged late charge is unenforceable as a penalty. 11. Denied. By obtaining possession of the residential property which is the subject of the Residential Lease, Plaintiff has released Defendants from said lease. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether Plaintiff has or continues to attempt to mitigate his alleged damages by attempting to rent to said premises. 13. Admitted. However, Plaintiff has terminated said lease by obtaining and executing an Order for Possession of the rental premises. NEW MATTER 14. The late charges imposed by the parties lease of ten. percent of the monthly rent in default by more than five days, are excessive in relation to any damages that Plaintiff has or may suffer by the late payment of rent and are therefore unenforceable as a penalty. 15. Defendants remitted to Plaintiff a security deposit in the amount of $475.00, which should be applied as an offset against any amounts Defendant Regina DaShiell is determined to owe Plaintiff. 16. Defendant cannot be held liable for rent or other charges Plaintiff claims under the Residential Lease accruing after April 14, 2003, the date which Plaintiff executed an Order for Possession he obtained through District Justice Susan K. Day in the matter of James J. Collins v. Dan DaShiell and Regina DaShiell, Docket No. LT-0000055-03. WHEREFORE, Defendant Regina DaShiell respectfully requests that judgment be entered in her favor and that the relief requested by Plaintiff be denied. Respectfully submitted, Date: 2/_.2 fi- tv :5 ? Pf~}'lip C. ]grigant' ~] Counsel for Defendant Regina DaShiell MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Regina DaShiell, hereby verify that that I have read the foregoing Answer and New Matter, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: R~gir~ DaS~i~ll- Defendant JAMES J. COLLINS, Plaintiff, Vo DAN DASHIELL and REGINA DASHIELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1221 CIVIL TERM CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this 28th day of April, 2003, serving a copy of the foregoing Notice to Plead, Answer and New Matter upon the following by first-class U.S. mail, postage prepaid: Michael J. Hanft, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue. Suite 106 Carlisle, PA 17013-9142 Philip C. Briganti Counsel for Defendant Regina DaShiell MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 GLENN HERMAN, PAUL E. DICK, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1221 CIVIL TERM CIVIL ACTION - EQUITY JURY TRIAL DEMANDED DEFENDANT'S POST-TRIAL MOTION AND NOW this 13th day of June, 2003, comes the Defendant, PAUL E. DICK, by and through his attorneys, Irwin, Mci(night & Hughes, and hereby respectfully submits the following Post-Trial Motion pursuant to Pa. R.C.P. No. 227.1 (a) and in support thereof avers as follows: 1. At trial, the primary issue before the Court was specific performance of the Agreement of Sale for the property at 671 Old Mill Road, Lower Frankford Township, Cumberland County. 2. In his Complaint, Plaintiff sought specific performance of the Agreement of Sale limiting Defendant to approximately a ten acre tract to be subdivided and retained. 3. Defendant included in his New Matter and the testimony at trial that the property intended to be conveyed was the northern end of the property which was utilized for farming and livestock and included an established fence line. 4. Plaintiff testified that he and the realtors for both parties involved went to the property prior to an offer being made to inspect the property. 5. The realtor for the Defendant, Mr. Kafkales, testified that prior to that date he and the Defendant had gone to the property and was informed that the portion of the property to be sold was the southern portion of the property, below the fence line. 6. Defendant further presented testimony at trial that both Plaintiff and the surveyor who performed the initial survey were informed that the property to be retained was to include the established fence line. 7. Plaintiff was well aware that the property to be conveyed was the southern portion of the property, and the purchase price of $180,000.00 was for that property and would not include additional land extending to the northern property boundary. 8. The dispute in this case is not only the location of the property to be conveyed and the location of the property intended to be purchased, but also the purchase price of that property. 9. Defendant also presented testimony at trial indicating that he was accustomed to agreeing to a price for property that assured Defendant a net stun. 10. The Court erred in the Decree Nisi by ruling that Defendant was correct in disputing the amount of property that was to be retained, but that the price is restricted to a per acre amount, despite that Plaintiff knew or should have known the approximate boundary line that would be established. 11. The Court's decision effectively decreases the purchase price approximately $25,000.00, which issue is an integral and essential part of the contract. 12. Defendant contends that the purchase price according to the Agreement of Sale for the property is One Hundred Eighty Thousand and 00/100 ($180,000.00) Dollars. 13. In the alternative, Defendant contends that the Corot was incorrect as a matter of law because the mistake as to the acreage so changes the intended purchase price as to prevent the Agreement of Sale from being enforceable. WHEREFORE, Defendant respectfully requests that the Court amend its decision to affirm the purchase price of the property to be $180,000.00, or, in the alternative, enter judgment in Defendant's favor notwithstanding the Decree Nisi, or, in the alternative, grant the Defendant a new trial. Dated: June 13, 2003 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Supreme ~ID # 83776 West Pomfi:et Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Paul E. Dick 4 GLENN HERMAN, PAUL E. DICK. Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 02 - 1221 CIVIL TERM : : CIVIL ACTION - EQUITY : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set fo~th below: James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Date: June 13, 2003 IRWIN, McKNIGHT & HUGHES Douglas ~G~M~ller, E~squ[re - Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 -3222 (717) 249-2353 Attorney for Defendant, Paul E. Dick