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HomeMy WebLinkAbout00-08099CORIMONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM /Nel k-ILJ DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Donna M. Carbaugh 180 Virctinia Ave 10-17-00 Isabelle M CV 19 LT 19 LT-499-00 Paula P. Correal NOTICE OF APPEAL 1100811, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy Legal Services, inc. 8 Irvine Row If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Isabelle M. Cassaro appellee(s), to file a complaint in this appeal /Q Nave of appellee(s) (Common Pleas No. in )L I ) within twenty (20) days after s rvice of rule or suffer r ry of judgment of non pros. Sign &a appellant or his attorney or agent RULE: To Isabelle M. Cassaro appellees) Name of appellpe(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: N]PC 312-U COURT FILE TO BE FILED WITH PROTHONOTARY I I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY ss AFF;DAVIT; I hereby swear or atfirm that I served a copy of the Notice of Appeal, Commor? Pleas No, upon the District Justice designated therein on (date of service) ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 19_______ -3 by personal service © by (certified) (registered) mail, sender's receipt attached hereto. ? and further that l served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 1g? _ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19-- Signature of affiant Signature of official before whom affidavit wife mines Title of official My commission expires on 1 71 C) o 0 c o -TI rrtm ry C-, "6 r - Z , ) zC ?M rv 10/30/00 10:12 FAX 717 240 6566 COMMONWEALTH OF PENNSYLVANIA COI1NTy nF- CUMSERI Anm Diet 09-2-01 DJ Name: Han. PAULA P. CORREAL Address: EAST JUNG - COURTHOUSE 1''COURTHOUSE SQUARE CARLISLE, PA Telepenne:(717) 240-6564 17013-0000 PAULA P. CORREAL EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-0000 D.J.(09-2-01) 1400a NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAMEand ADDRESS rC-ASSARO, ISABELLE >K -1 111 1/2 WALTON AVE. CARLISLE, PA 17013 L J NAME and DEFENDANT: and A rCARSAUGH, DOBINA N. . 180 VIRGINIA AVE. CARLISLE, PA 17013; c L DocketNo.: LT-000049 Date Fled: 9113/00 THIS IS TO NOTIFY Y,QU THAT: Judgment: FOR PLAr11=Fp ® Judgment was entered for: (Name) CASSARO, ISABELLE M _ Judgment was entered against CARBAUGH, DONNA N. ® LandlordlTenant action in the amount of $ 2.962.78 on 10/17 on (Date of The amount of rent per month, as established by the District Justice, is $ 675.00, The total amount of the Security Deposit is $ 675.00 Total Amount Establish 1d J Less • SecurlIy Depcz i Ap I' d Rent in Arrears $ 196 -$ 56 Physical Damages Leasehold Property $ -40 - 0 -$ .0 - Damages/Unjust Detention $ nn - $ 00 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) LIT Judgment Amount El Attachment Prohibited/ Judgment Costs Victim of Abuse (Act 5, 1996) Attomey Fees This case dismissed without prejudice. ® Possession granted. Possession granted if money judgment Possession not granted. Levy is stayed for days or F? generally stayed. Objection to Levy has been filed and hearing will be held: Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total C? ["? 'If in a -i $ _00 $ _nn $ 2.849.40 $113-a9 $ _n0 $ 2,962.78 Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,.THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACT LLY IN ARREAF(S ON THE'6ATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY E MONEY PORTI9N OF.9'JUDGMENT INVOLVING A RESIQL&TIAL LEASE, TRW-PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY F JUDGMENT IN WHICWTO FILE A NOTICE f?F APPEAL WftH T.HE•PRLITHONOTIARXICLERK OF COURTS OF THE COURT OF COMM PLEAS, CIVIL DI1¢Ir510N: ?? ,01 THE PARTY FILING AN APPEALGUST INCLUDE A COPY OFJHIS NOTICE OF JUD,bMENTn'RANSCRIPT FORM WITHSNE NOTICE OF APPEAL. Date . i . • - r 'i I - `i ,/ 'District Justice a Date My commission expire ?st Monday of January, 2006 Isabelle M Cassaro, Plaintiff v Donna M Carbaugh, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 07CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Donna M. Carbaugh. defendant to proceed in forma u ens. cu J l!J ";? n? rc _ I, Philip C. Briganti, attorney for the party proceeding in forma pauneris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. P 'p C. ganti Attorney at Law Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Isabelle M Cassaro, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 00 -30 CIVIL TERM Donna M Carbaugh, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I,Donna M. Carbaugh, am the Appellant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Donna M. Carbaugh Address: 180 Virginia Avenue. Carlisle. PA 17013 (b) Social Security Number: 178-54-6178 If you are presently employed, state Employer: Northwestern Human Services (Steven Center) Address: 33 State Avenue Carlisle. PA 17013 Salary or wages per month: $1.794.00 Type of work: Crisis Intervention Clinician Contributions from children: (e) Property owned Cash: $5.00 Checking Account: $300.00 Savings Account: -0- Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Dodge Year 1995 Cost $15,500.00 Amount owed 8 700.00 Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: Temporary housing at Motel 6 $60.00 per day Loans: Automobile $309.00 Monthly Expenses: Electric $150.00; Gas for vehicle $80.00; Insurance for vehicle $67.00: Groceries $500: Cable TV $35.00; Telephone $20.00: Water $40.00: Trash $10.00: Clothing $100.00: Miscellaneous expenses $60.00 (Fiance) Name: David Stepler (no income, disabled) Children, if any: Name: Derrick Strick Age: 17 Steaphan Strick Age: 12 Darryl Strick Age: 19 i If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: $290.001jMO? Disability payments: $76.0 1 /M,), Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other contributions to household support (Wife)(Husband) If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date: (?3 C\ ?LVCKber 2? Donna M. Carbaugh - - "u`x?3e?r2tw?.mw arezxa?as7??aas??s ago-. .., «- a» .-,-?nz??na?m?a?.?w?art?c-as,?a??a?n - a ': a C`) ? c 'cI • Y iT.'. CL i6EALTN''OF PENNSYLVANIA -'COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLAM. MAC, DIST NO. OR NAME Of DU Donua ri. Carbaug Paula P. Cor,:ea1 180 10-17-00 b''ve. , Isabelle Ni. OJJM Na NI TLIRE OF APPELLANT OR X ATTORNEY OR AGENT Legal ServY,eeti;, le1c. CV 19 8 Irviae Row LT 19 IT-4r39.08J Fjxiltp??l anti This block will ',1:1" rlee'! ONLY when this notation is required under P,a. R.C.P.J.P. No. If appellant was Z LAIMANT (see Pa. R.C.P.J.P. NO. 10088 This Notice of: Appeal,, when received by6Abe.,?Gict Justice„ will,gperate as a 1001(6 ),illlac ion b?fore District J,WStice, he MUST SUPKSEREAS to the judgment for possession in this cose FILE A COMPLAINT within twenty (20.) days after filing NOTICE of APPEAL. Signature of Prothonotary.: or Deputy a PIZAECIR"TOtiER-,RtitE TO FILE COMPLAINT AND RULE TO`FILE (This section of form to be used`•ONLY when appellant was DEFENDANT (see Pa. R:C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Isabelle M. Cassara Enter rule upon ,-appellee(s), to file a complaint in this appeal fQ Name of appelleefs) (Common Pleas Na L?f (? )L )within twenty (20) days after se of rule or suffer y of judgment of non pros. ,. -. Signature.. appeAant a his anomey or agent RULE: To Isabelle M. Cassaro appellee(s). Name of appelkiifs) (1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this. rule` q* you, b f ersonal'>ServKe or bye. fied or registered mail. (2) If p nt within this time, oJUDGMENT OF NON PROS WILL BE ENTEEE' A?iAWJ" YOU ' F' I x.'"70 ? ..:4:.. service was by mail is the date of 1144 ., .... .. f'A ? r6 r AOPC 312-e4 -COURT FILE . m ?.. ka PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FtLEO WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF l kl..t?2 rln ?. ;ss AFFIDAVIT. I hereby swear or affirm that I served ?"a copy of the Notice of Appeal, Common Pleas No ©e 4$099 of Tt?^,"upon the District Justice designated therein on dare of service) --Z!, ' 00 ? be personal service 1?a6y (certified) (re#tSW e4) mail, sender's receipt attached hereto, and upon the appellee, (name} zT, C4 "Q nd on G1>'Fw yFw v'#P 4 , 40424- a by personal service 09'6(certified) y ) {?sgis4q[,dEF}?mail, sender's receipt attached hereto. [W-and further that l served the Rule?t°/ File a Complain/taccompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on ._. E" 0 Yf!*Wb It by personal service ['by (certified) (ra@iA Ked) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ?/ ? THIS w. DAY OF i Signature of affient Signature of oRfctst before whom affidavit We''edo Title of ofilcfai My commiwon expires on I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. ,r a. BrigantR -_, y t? 0 M ti CAS I6LE PA 1 1A13 ??,,, Ptl9tage T} $ ?aaP ?(..? 1? .. a t Certified Fee $1.40 i rk \ 17 t P U13 Retum Receipt Fee $1.25 ? . fl1 (Endorsement RegW[edj 0 Restricted Delivery Fee Iba00 900 C3 (Endorsemenlt Required) 0 L es t?eTO / O Total Postage & Fees $ .r W- s I Recipient's Name (Please Print Cleary) (to be completeb made') Paula ..P.--Correal----------------- --- ----------------- O - c, Street, Apt-No.; or PO Box No. East Wing Courthouse, o rr -------------------------- er a=lZisle PA 17013 ------- -------------------- rv' r ru CARL 7 PA 171 LrI Postage $ IT u9 - r ntIled Fee a vl Return Receipt Fee (Endorsement Required) N M Restricted Delivery Fee M (Endorsement Required) IM Total Postage & Fees ; O -n Recipients Name(Please O Ssahelle-..1 A _ Street Apt. No.; or PO Box C3 I 1 i 1? -w; O _ - - bity, State, ZIP+4 rv 16.00 iP??M m 7?0 ? ISABELLE M. CASSARO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-8099 CIVIL TERM DONNA M. CARBAUGH, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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, order 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249- 3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ISABELLE M. CASSARO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-8099 CIVIL TERM DONNA M. CARBAUGH, Defendant JURY TRIAL DEMANDED COMPLALINT AND NOW, this 21st day of December, 2000, comes the Plaintiff, ISABELLE M. CASSARO, by her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the Defendant, DONNA M. CARBAUGH: 1. The Plaintiff is Isabelle M. Cassaro, an adult individual residing at 111 '/2 Walton Avenue, Carlisle, Pennsylvania 17013. 2. The Defendant is Donna M. Carbaugh, an adult individual whose current address is unknown. 3. The Defendant rented from the Plaintiff the property known as 180 Virginia Avenue, Carlisle, Pennsylvania 17013. A copy of the Lease Agreement is attached hereto and marked as Exhibit "A". 4. The amount of damages caused by the Defendant after she had vacated the property is as follows: a. Carpet cleaning $300.00 b. Cleaning 100.00 c. Painting 300.00 d. Locksmith 72.45 TOTAL $772.45 5. The amount of past due rent and late charges owed to Plaintiff is the sum of $3,715.00. 6. In addition, the Defendant owes the Plaintiff for trash and as follows: a. York Disposal $ 28.86 b. York Disposal 6.94 TOTAL $ 35.80 7. The costs of the Constable $87.38 to list evict the defendant. 8. The total amount due from the Defendant to the Plaintiff is as follows: a. Damages to the Apartment $ 772.45 b. Past due rent and late charges 3,715.00 c. Trash disposal 35.80 d. Costs of Constable 87.38 TOTAL DUE $4,610.63 WHEREFORE, the Plaintiff seeks damages against the Defendant, DONNA M. CARBAUGH, in the amount of $4,610.63, plus interest as permitted by law and the costs. By: Respectfully submitted, IRWIN, HUGHES Markus A. Ve i J*-MEsquire Attorney for Plaintiff, Isabelle M. Cassaro West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 717-249-2353 Supreme Court I.D. No. 25476 Date: December 21, 2000 u.T r? 7' rt..e?n 7- L errs-? * , . Sad`. /b1?h?. ?z43 -93gK RESIDENTIAL LEASE AGREEMENT PAGE I OF 3 THIS AGREEMENT MADE THIS DAY OF -L q BETWEEN ISABELLE K CASSARO LESSOR) AND r--Pnv_."ric-1/ 4 Jhnra m.6Rhhooak?_ FOR AND IN CONSIDERATION OF THE RENTS XND COVENANTS SET FORTH HEREIN. LESSOR AGREES TO, AENT TO LEE THE PREMISES LOCATED AT t? r rF.1 /1 ?A n ? e' CARLISLE, PA FOR A T RM OF e?BE G THE I DAY OF &OvPrn ?PA- 1998, O BE USED AS A SINGLE FAMILY DWELLING AND FOR NO OTHER PURPOSE. -r-i W? y7 5C7 c?1u- il?19?98 r r 9 ?9'! T;M RATE LESSE AGRE%TO PAY LESSOR RENT AT THE RATE 9a? s PER MONTH, PAYABLE ON OR BEFORE THE J Srt A OF v(? ) EACH MONTH. ANY RENT PAID MORE THAN THREE DAYS AFTER THE DUE DATE SHALL BE DEEMED DELINQUENT PER WHICH THE LESSEE SHALL INCUR A LATE FEE OF $20. 111161 b A Axe \ AS A S 3I / gg LESSEE AGREES TO PAY TO LESSOR THE SUM OF &75 ix ? ?? u SECURITY DEPOSIT TO SECURE THE FUTURE PAYMENT OF RENT AND ALSO TO SECURE LESSOR FOR ANY DAMAGES, EXCEPTING NORMAL WEAR AND TEAR WHICH MAY BE CAUSED TO THE PREMISES AS A RESULT OF LESSEE OCCUPANCY. OVEN, REFRIGERATOR, AND ENTIRE PREMISES MUST BE LEFT CLEAN. SECURITY DEPOSIT WILL BE MAILED TO LESSEE AFTER ALL FINAL UTILITY BILLS ARE RECEIVED AND PAID IN FULL. LESSOR RESERVES THE RIGHT TO ENTER UPON THE PREMISES AFTER GIVING REASONABLE NOTICE TO THE LESSEE FOR PURPOSE OF ROUTINE INSPECTION OF THE PREMISES. LESSEE MAY NOT ASSIGN THIS LEASE OR SUBLET THE PREMISES WITHOUT WRITTEN CONSENT FROM THE LESSOR. LESSEE MUST GIVE LESSOR 4 WEEKS WRITTEN NOTICE OF INTENT TO VACATE PREMISES, AFTER TERM OF LEASE HAS BEEN COMPLETED. LESSEE AGREES THAT A CONDITION OF THIS LEASE IS THAT LESSEE MAY HAVE NO MORE THAN J< PEOPLE, AND NO PETS RESIDING IN THE PREMISES. THOSE RESIDING IN THE PFANVSES ARE, AS FOLLOWS: ? (2 h i 1o( re, n /)a I/. 1998 PAGE 2 OF 3 IN ADDITION TO THE RENT AS SET FORTH ABOVE, LESSEE AGREES TO PAY AND KEEP CURRENT THE FOLLOWING EXPENSES: WATER/SEWER, TRASH, ELECTRIC, LESSEE IS RESPONSIBLE FOR LAWN CARE AND SNOW REMOVAL. LESSOR SHALL NOT BE LIABLE FOR ANY DAMAGE, COMPENSATION OR CLAIM BY REASON OF INCONVENIENCE OR ANNOYANCE ARISING FROM THE NECESSITY OF REPAIRING ANY PORTION OF THE PREMISES, THE INTERRUPTION AND USE OF THE PREMISES, OR THE TERMINATION OF THIS LEASE BY THE DESTRUCTION OF THE PREMISES, LESSEE AGREES TO KEEP THE PREMISES IN A CLEAN AND SANITARY CONDITION, TO PROMPTLY PROVIDE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS ON THE PREMISES, TO NOT CONDUCT ANY ILLEGAL ACTIVITIES ON THE PREMISES, TO OCCUPY THE PREMISES IN SUCH A MANNER AS TO NOT UNREASONABLE DISTURB THE QUIET AND SOLITUDE OF THE RESIDENTS IN THE ADJACENT PROPERTIES, AND TO ABIDE BY ALL APPLICABLE STATE AND LOCAL LAW AND ORDINANCE. LESSER AGREES THAT THIS LEASE MAY BE TERMINATED BY THE LESSOR UPON THE TERMINATION OF THE TERM OF THE LEASE SET FORTH ABOVE, UPON LESSEE'S BREACH OF ANY CONDITIONS OF THE LESE AND UPON LESSEE'S FAILURE TO SATISFY ANY RENT RESERVED AND DUE. IN THE EVENT LESSOR DECLARES A TERMINATION AND FORFEITURE OF THIS LEASE FOR ANY REASON, LESSEE AGREES THAT LESSOR MAY GIVE LESSEE A TEN (10) DAY WRITTEN NOTICE SPECIFYING THE REASON FOR LESSEE'S FORFEITURE OF ITS RIGHTS UNDER THIS LEASE AND FURTHER PROVIDING THAT LESSEES MUST REMOVE ITSELF FROM THE PREMISES WITHIN SAID TEN DAYS. LESSEE HEREBY WAIVES ANY NOTICE REQUIREMENTS OF LESSOR FOR RECOVERY OF POSSESSION OF THE PREMISES SET FORTH, AT 68 P. S. SECTION 250.501. UPON LESSEE'S BREACH OF ANY CONDITION OF THIS LEASE AND UPON LESSOR GIVING LESSEE THE TIMELY NOTICE SET FORTH ABOVE, LESSOR MAY TAKE ALL APPROPRIATE LEGAL ACTION TO RETAKE POSSESSION OF THE LEASED PREMISES. LESSEE SHALL INDEMNIFY AND HOLD HARMLESS LESSOR FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS ARISING FROM ACTIONS OR INACTIONS UNDERTAKEN IN OR TO BE UNDERTAKEN BY LESSEE OR HIS GUESTS. PAGE 3 OF 3 THIS AGREEMENT IS ENDOWING UPON THE PARTIES HEIRS, EXECUTORS AND ASSIGNS. THE PARTIES AGREE TO THE FURTHER ADDITIONAL CONDITIONS: x •(p?? 1 l II ,NP&co ndg -S-Pc L) r tJ 2 , (31 &7 ?O( L( ?i Lj YCLj / l d P ?1q/ a rQ a cr/1 i mr 111`1 20 COY I?P? ??? T?na,if wi 1 „ ?Qn? (a r PYtsP?7- i? --? Rujs h-P u s NdJ ?? ?? Sao /?u s, IN THE CASE OF MILITARY LESSEE, THE "MILITARY CLAUSE" IS ACCEPTED (THAT IS IN CASE LESSEE IS CALLED AWAY BEFORE THE WAR COLLEGE CLASS IS COMPLETED.) IN WITNESS WHEREOF, THE PARTIES TO THIS AGREEMENT HAVE HEREUNTO SET THEIR HAND AND SEALS, THE DAY AND YEAR FIRST ABOVE WRITTEN.. - DATE (?/? t l G LESSOR WORK REFERENCE: Q¢m? l l l9 - ?I3D ? ? ?f'. tSa ?' 9a a WITNESS DATE: PP&L ELECTRIC SERVICE 233-6581 TRASH - 243-3725 WATER/SEWER CARLISLE SUB AUTH 243-8269 (Remains in owners name-tenant pays) TV CABLE OF CARLISLE VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ISABELLE M. CASSARO Date: December /:7 , 2000 ISABELLE M. CASSARO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-8099 CIVIL TERM DONNA M. CARBAUGH, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of this Complaint by first class United States Mail, postage prepaid in Carlisle, Pennsylvania, upon the following: Philip C. Briganti, Esquire LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant, Donna M. Carbaugh IRWIN, McKPIIGHT & By: Mar f us A. McKnight, HF,-Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: December 21, 2000 ISABELLE M. CASSARO, Plaintiff V. DONNA M. CARBAUGH, Defendant TO: Isabelle M. Cassaro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 8099 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. O Date Philip C. riganti, Esqui Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 ISABELLE M. CASSARO, Plaintiff V. DONNA M. CARBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 8099 CIVIL TERM CIVIL ACTION - LAW ANSWER COMES NOW the defendant, Donna M. Carbaugh, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, and as her Answer to Plaintiff s Complaint, states as follows: 1. Admitted. 2. Denied. Defendant's current address is 11 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Admitted. 4. Denied. Defendant denies that she caused the damages alleged by Plaintiff for carpet cleaning, cleaning, painting, and locksmith charges after she vacated the property, and denies that said alleged damages total $772.45. 5. Denied. Defendant denies that the amount of past due rent and late charges owed to Plaintiff is $3,715.00. 6. Admitted. 7. Admitted. 8. Denied. Defendant denies that the total amount due from Defendant to Plaintiff is $4,610.63. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 4 through 7. NEW MATTER 9. Plaintiff is holding Defendant's security deposit of $675.00, which amount, plus interest, should be applied to offset any amount Defendant may be determined to owe Plaintiff. 10. Because any discoloration of the walls of the rental unit, which were not freshly painted when Defendant moved in and were not painted during her tenancy of nearly two years, was the result of ordinary wear and tear, Defendant cannot be assessed the cost of repainting the premises. 11. The late fees assessed under the parties' lease, in the amount of $20.00 if the monthly rent is paid more than three days after the due date, are unenforceable as a penalty, in that said fees exceed any actual or reasonably anticipated losses incurred by Plaintiff as the result of the late payment of rent. WHEREFORE, Defendant requests that judgment be entered in her favor, and that she be awarded such other and further relief as this Court may deem reasonable and just. Respectfully submitted, P ilip C. riganti, Esqui MidPenn Legal Services Counsel for Defendant 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Defendant, Donna M. Carbaugh, verifies that the statements set forth in the foregoing pleading are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 P.S. §4904, relating to unworn falsification to authorities. Date: I 2 Donna M. Carbaugh ISABELLE M. CASSARO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000- 8099 CIVIL TERM DONNA M. CARBAUGH, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this 9th day of January, 2001, serving the foregoing Notice to Plead, Answer and New Matter upon the plaintiff by mailing a true copy of the same to the plaintiff's counsel of record, Marcus A. McKnight, III, Esquire, IRWIN, McKNIGHT & HUGHES, 60 West Pomfret Street, Carlisle, PA 17013-3222, by first-class U.S. mail, postage prepaid. 'Philip G/Briganti Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?:. R 3 G?? ' l. ? _ u?. '' ?::> = _< , . ? ? ; „ __._ ._ ri _,? f L ? r?i -?% (T =< ISABELLE M. CASSARO, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA M. CARBAUGH, 2000-8099 CIVIL TERM DEFENDANT ANSWER TO NEW MATTER AND NOW, this 30th day of January 2001, comes the plaintiff, Isabelle M. Cassaro, and makes the following Answer to New Matter of the defendant, Donna M. Carbaugh, as follows: 9. The averments of fact contained in paragraph nine (9) of the New Matter is specifically denied. On the contrary, the defendant caused severe damage to the leased dwelling by damaging the carpet and the apartment unit with cat urine. The cost of cleaning and replacing the carpet in the apartment exceed the amount of the security deposit. The repair and replacement costs of said damaged areas are as follows: a. Floor sealant ...................................................$46.49 b. Carpet cleaning ..............................................312.70 C. Carpet replacement ........................................739.94 Total .........................$1,099.13 Copies of receipts for above-referenced costs are hereby attached and marked as Exhibit "A". 10. The averments of fact contained in paragraph ten (10) of the New Matter are specifically denied. On the contrary, the defendant did unusual damage to the walls of the dwelling which required partial repainting. 1 11. The averments of fact contained in paragraph eleven (11) of the New Matter are specifically denied. On the contrary, the penalty was appropriate, reasonable and necessary in order for the plaintiff to make her own mortgage payment on the property. WHEREFORE, the plaintiff, Isabelle M. Cassaro, requests that judgment be entered in her favor plus costs and interest as provided by law. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES rw// By: Marcus . McKnig , III, E uki 60 West omiiet Stre Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff, Date: January 30, 2001 Isabelle M. Cassaro 2 ALWAYS LOW PRICES. ALWAYS WAL-MART. Rte" WE SELL FOR LESS MANAGER ROBERT FRANK ( 717) 691 - 3150 STS 1886 UP# 00002977 TEE 06 TRS 03756 FAST DRY POL 002742671029 19.94 J "'SUBTOTAL 19.94 TAX 1 6.000 % 1.20 TOTAL 21.14 CASH TEND 30.00 CHANGE DUE 8.86 # ITEMS.SOLD 1 loll1 i1111mull SHOP`ONLINE ANYTIME'AT WALMART.COM 01/20/01 22:50:02 WE SELL FOR LESS MANAGER ROBERT FRANK 1 717 ) 691 - 3150 T 144 TES 02 RS STS t,86 Opt, 000Q4 T DRY POL 002TA2671029 9.94 .94 J 1 97 J 3 FAS UTILITY 4 007004250871 SUBTOTAL . 23.91 TAX 1 6.000 % TOTAL 1.44 25,35 CHECK TEND 25.35 00 0 CHANGE DUE . ALWAYS LOW PF?J ca- A !O .-I co co N N S N ro ) > co v cn 6 a) ' IV ) i i •N Q P I U] iJ ++ GY v w W ? v• mm 1; -V 'J1 DI 1 C7 •-t .9 • I V ® 9 I ? lJ n CZ7 a N •,. .R .x•. .: t s E- .y ? ? ? ? ? ? '?-'? e m m s .. V° a° a e A a m .9 q'? d a oo1To•°T " ? t o f: rv S a ?_ O y U w S I m ? 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S7 ? u C `? d ?j O C a o = n C p ! !qq C s o m? ;?? g n a w9 E wa• > ? „ ay ?_ h `0 9 ??S u'3 0 ? ? ? ? ? ? ? ? ? aI N > cXi ? t0 a m U, < m a] C m .-a r -P o ai r U1U4J I 9 V OJ W 1 C co tDnl?i 4SIm?4 wa O? 102 O U F Gf;? S W J + rr 0 r ? ry . v? pv? t 5 i tl yy J..n J ., u t. P. a . G L d ? u u.p E ? 4 r??°€ - myam?J _ E ? " . . -' ?? ^I °; ^ E3p and ?• '4 u a v u ,? k? ? f i•1 %' ys ? iv - Ta o ? c ?40 -4 kg Ca•a?Z o :n m d •y ri u La7 ? a a U y m s. W U ?x? 1II C m a 3 x a a W w W L? 44W . m s=a i a r_t N W ? o? a mm U a i a m LOW u zal .n a ,, ma) C ZN N Sa S4 w c f? m 0- N U 4 to c a a ..` 7a w7 a E' i m v4 ? s o 0 v a. o s; z ¢ I ??+ .m i7 T T q a b b? S A T? ti `u ?+ ?o `u o o m ? `+ T•OG obi ? ?3 s az ;? ? ? ? ? Mlu a: e0 ;o Q w b? < ly n i= :a c: ?Z i< 's0 e Sy 9 i? K '° G ' Y 6 m o S L 3 0 .5 5 ' m . F Pl ? . 5 Lis r . 6 CJa v o O R o ? ? u ° 3 a x m 0 ? 0 a = e9 3 ? _ ? ? ?? ? ?? - - - - - - - - - - - - - - --- - - - - - - - - - CARPET MAR T And 0 ?1?-?'=,-.ii? MECHA'NICSBURG CARFET 16F;i Ir! UURS ? DAILY G WALLPAPER OUTL ET MU WEi! Fi ? SUNDAY 1G- 5163 CARLISLE ME nECHANICSDURG Fin 17055 1.26!K M CARLISLE R5 1.7013 -'HUNE-H cAI_EPEis„D;t i o? iEE nUE ,s)t TUiAL .. rHECti ? 1 27101 55'0 ?$9>cv _ `8°. ALL N 2-3 WEE';- =JR S FiCIAL ORDER GUGDS ALC13UN BAL_ 0': h E H _rl ALL -,ETUR ' ja, g 9 N pu- NOTE: THIS AGREEMENT OF SALE IS SUBJECT TO TERMS 6 CONO CUSTOMER'S COPY. ANY CHANGES MUST BE WRR7N? ON BACK OF CUSTOMER eAiu rA w DEPOSIT SIGNATURE X OUT P W IP U w u VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Answer and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ISABELLE M. CASSARO Date: t3Z) , 2001 ISABELLE M. CASSARO, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA M. CARBAUGH, 2000-8099 CIVIL TERM DEFENDANT CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to New Matter was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Philip C. Briganti, Esquire Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES 61g By: Marcuo A. 60 Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 31, 2001 In The Court of Common Pleas of Cumberland County, Pennsylvania File No. 2000-08099 CASSARO ISABELLE M vs CARBAUGH DONNA M STATEMENT OF INTENTION TO PROCEED To the Court: ISABELLE M. CASSARO Date: October 25, 2004 intends to proceed with the above captioned matter. M. Cassaro MARCUS A MvZNIGHT II ESQ IRWIN & McKNI 60 WEST POMFRET STREET CARLISLE PA 17013 F F5 I :-rrs ,a ISABELLE M. CASSARO, PLAINTIFF V. DONNA M. CARBAUGH, DEFENDANT : IN, THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8099 CIVIL TERM STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRW& cIGHT By.. IN K Marc A. cKnight, III, Esquire Supreme Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: November 1, 2007 `..-_ -n r _ LrJ 4'i,