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01-05195
~. COMNIONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISYRIC4 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NaorP ~~q,J C1vi' NOTICE OF APPEAL ~" 3/"O ) Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis}rid Justice on the date and in the case menfioned below Decker and Julie Barnes 163 W. High Street, Apt. 2 Paula P. Correal Carlisle PA 8/21/01 Dickinson Colll 17013 CV 19 Philip C. Briganti, MivdPen~L`ega~Service LT-0000262-01 $ Irvine Row, Carlisle PA 17013 LT 19 b„-.v a u? - 9.lf~m This bock will be signed ONLY when this noMtion is required under Pa. RC.P.JP. No //appellant was CLAIMANT 7see Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the DishicT Justice, will operate as a 1001(6) in action before DisVict Justice, he MUST SUPERSEDERS to the 1 gment for possession in this cas ^~, FILE A COMPLAINT within twenty (20) days a/ter Q ~ filing his NOTICE of APPEAL. Sign Wre of Prothonotary or ty PRAECIPE t0 ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of farm 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 D1Cki.riSOri College , appellee(s), W file a complaint in this appeal Name of appellees) (Common Pleas Na 0 ~ -~ ~~~ C`.:g'i~ )within twenty (20) days after s Rice of rule~~l entry of ju~ of non pros. /(~~q/ of appellant w his atromey or dgent RULE: to Dickinson Coll .ae , appellee(s). Name of appe/l~e(sl (1) You are notified that a rule is hereby entered upon you ro file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service a 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 mailings ~. ,~SJ/t1JpCLCq ~ ~d Rotlrorp~y or Pepub AoPC a,s-as COURT FILE TO BE FILED WITH PROTHONOTARY PR~~F C}F SE~t4t1~~ ~F RI~'~'1~~ ~F ~PP~A~. ~~~ F81D1~~ "TC8 FILE ~~NI~L~I9NT {This proof of servioe MUST 6E FtLED WfTNIN PEN (tQ) DAYS A~PTER tlffng Chia notice of appeaf, Check apptraabfa traxes) C~PAM!{YNVY~ALRFt OF P@NN~YlYdN6A COUNTY OP ; ss AFFI~AYt1°e I hereby swear or affirm That 1 seared © a capy of fhe Notice of Appeal, Common p'Ieas Na.. __ ~_ _ ,upon the District Justice designated thereir, nn (date of service) ~.~ _ , C~ by personal service ^ by (certitied} (re{filtered} mail, sender's receipt attached hereto, and upon the appellee, (name) __.___~_____ an , i9 ^ by personal servit;e (~ by {certified} {registered) mail, sender's re+veipt attached hereto. ^ and furtherthatlservedtheRutetoFileaCampiaintaocompanyingtheabovehloti¢:eofAppealupontheappellee{s}to whom the Rule was addressed on _ , 19~_, ~ by personal servioe ^ by ;certified} {registered} maiE, sender's receipt attached hereto. SWORN {AfmFIRPv9ED} AN© SUBSCRI6ECt BEFORE ME TMIS ~ DAY OF ~~ . _ , 19_____ Signature of af(iant Signature o1 pt9ciat trefore whom affttlevit was made 7itt®nf o7ticia7 hAy commission ozplr0.s on _.~ . 18_~ ,~`} 1 L't S"": _~ .•( "- 1~ _. %: ~. ~~ U i - - ._..§'~'TN s?38'~~'S4$1'~~-.f49R$TZ£Ea rorn ..'E/- t.ro: .. , -. ..F'+'lit,V~j2- v ,x ~~i'~Tl,iSr~-yFA~mWlalYlf.9 of-s~~5" c;v~I -COMMONWEALTH OF PENNSYLVANIA .,vuiv i r vr: ~- Mag. Dish. No.: 09-2-01 DJ Name: Hon. PADLA P. CORRSAL Address: 1 COURTHOIISS SQIIARS CARLISLE, PA Telephone: (717) 240-6564 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME antl ADDRESS rDICRINSON COLLEGE ~ P.O. BO% 1773 ATTN: NICROLAS G. STAMOS LCARLISLS, PA 17013 J VS. DEFENDANT: NAME andADDRESs rDSCRSR, SLLA, ST AL. ~ 163 W HIGH STRSST APT,# 2 CARLISLE, PA 17013 ELLA DECKER L J 163 W HIGH STRSST APT.# 2 DocketNo.: LT-0000262-01 _ CARLISLE, PA 17013 Date Filed: 8/03/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF %^ Judgment was entered for: (Name) DICRINSOD7 -.COLLEGE Judgment was entered against BARNES • J®LIS in a Landlord/Tenant action in the amount of $ 1, 016.18 on 8/21/01 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 309.00. The total amount of the Security Deposit is ~ . 00 Total Amount Established bb DJ Less • Security Deposit Apr~lid = Adjudicated A ou t Rent in Arrears $ 9y17.00-$ .U~ _ $ 92~/.SO Physical Damages Leasehold Property $ .00 - $ .00 = $ . 00 Damages/Unjust Detention $ _ 00 - $ _ 00 = $ _ 00 - Less Amt Due Deferidant from Cross Complaint - $ ` . 00 - Interest;{if provided by lease) $ _ n0 UT Judgment Amount $: 927.00 ~i ^ Attachment Priihibited/ Victim of Abuse Act 5, 1996 Judgment Costs $ A9.18 '~ ( ) ;r Attorney Fees $ 00 This case dismissed without prejudice: Tdtal Judgment $ 1, 016.18 X^ Possession granted. ^ Possession granted if money judgment is no sa Is le y ^ Possession not granted. ^ Levy is stayed for days or ^ generally stayed. ^ Objection to Levy has been filed and hearing will be held:. Post Judgment Credits Post Judgment Costs Certified Judgment Total $: ^ Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF~ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY-JU4GIUlENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERKOF.000RTSTHE LESSER OF THREE.MONTN$,RENT;ORTHE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL I$ FILED. ~ ~ - IF~A PARTYWISHES TO APPEAL ONLY THE MONEYPORTION OF A JUDGMENT INVOLVING A RE$IOENTIAL;LEASE,.THE PARTY HAS -- 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OFAPPEAL-WITH"THE PROTHONOTARY/CLERK OF:: . DOUR S OF THE COURT OF COMMON PLEAS, CIVIL DWI$ION. - - ~ - - ~ ~ ' THE P RTY/JFILING AN APPEAL MUS/LIiJCLt7~o/~ A COPY 0 E`OF JU/q6/7~tENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. ~l h I Date l ~~,,,.~e _~~ ~~~~ s= C r'~~ District Justice Date °~.d' j r°.u ~fl.~,. `--~~"C" f/.ti, e,_;,,,~^'" ,District My comifiission expires firstrMonday of January, 2006 • ' ® SEAL Anpr A1FA-44 • ~ -COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ` Mag. Dist. No.: ' 09-2-01 - DJ Name: Hon. PAIILA P . ' CORREAL nddrees: 1 COURTHOUSE' SQIIARE CARLISLE. PA Y Tele ~`he~`(717'j~- 240-'6564 ~~"x'''17013-0000 C1 > • 5~ 9~ NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NnMeandnooaess rDICRINSON COLLEGE ~ P.O. BOX 1773 ATTN: NICROLAS G. STANDS LCARLISLE, PA 17013 J VS. DEFENDANT:. NAME'and aooness-~ - rDSCRSR, SLLA; ET AL... ~ 163 W HIGH'STREET APT:#' 2 CARLISLE, PA 17013 ELLA DECKER 163 W HIGH STREET APT.# 2 CARLISLE, PA 17013 L J DocketNo.: LT-0000262-01 Date Filed: 8/03/01 THIS IS TO NOTIFY YOU THAT: Judgment: ', FOR PLAINTIFF ^X Judgnaer<t was eritered foe: (Name).. -;. DICRIN30N ~COLLEGS i~ - ~ ~:: ---- - - -' _ _ Judgment was entered agairist DECKER ELLA in a 0 Landlordrfenant action in the amount of $ 1, 016.18 on 8/21/01 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 309.00. The total amount of the Security Deoosit is ~ . 00 Total-Amount Established ~y~~J Ol~ess ~ Security Deposit Ap~l~d Rent in Arrears $ $ _ = $ Adjudicated9A ~ u0t0 Physical Damages Leasehold Property $ .00 -$ .00 = $ .00 Damages/Unjust Detention $ _ On - $ _ 00 - $ _ 00 .Less Amt Due Defendant from Cross Complaint - $ . 00 Interest (if provided by lease). , - $ _ DD VT Judgment Amount $ ' "' 927 _ on Atfach'ment Prohibited/ ' "` ^ Judgment Cdsts $ gg . ig Victim of Abuse (Act 5, 1996) Attorney Fees $ _ DO ^ This case dismissed without prejudice. Total Judgment $ 1, 016.18 ^X Possession granted. ^ Possession granted if money judgment is no sa is ie y ^ Possession not granted. ^ Levy is stayed for days or ^ generally stayed. ^ Objection to Levy has been filed-and heai`ing will be held: Post Judgment Credits Post Judgment Costs Certified Judgment Total ^ Defendants -are jointly and severally liable. `,: IN AN AG I ION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON~PLEAS, CIVIL DIVISION. THI$ APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,'IF ANY. IN - . ORDER TO OBTAIN ASUPERSEpEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE-LESSER OF -' THREE MONTHS RENT OR.THERENT ACTUALLY IN ARREARS ONTHE DATE THEARPEAL IS FILED. _ -.' ~ - IF.A PARTY WISHES 70'APREAL ONLY THE MONEY POR710N OF A JUDGMENT INVOLVING A gE$IDENTIALtEASE, THE, PARTY HAS -. 30 DAYS AFTER THE DATEOF.ENTRY OF-JUDGMENT IN WHICH TO~FILE.A NOTICE OFRPPEAL WITH THE PROTHONOTARY/CLERK OF ' - .COURT OFT E COURT OF,COMMON PLEAS;:CIVIL DIVISION. ` TH RTY F LING ANAPPEAL MUSLINCL A COPY OT EOF JU ENT/TRAN$CRIPT FORM WITH THE NOTICE OF APPEAL. B g~~"g~ /fig/~1 Date ~ ,,~~ ~~~~n+`tl~iMp,.--1' /1 . Distrirftlustire ~ • . r Date ~' /" ,~ ;om fission expires fir ay of January; 2 6 aien.aa District SEAL .~ Ei r -u \° w r 0 ~' e 2 ~~ ~ ~ - ~ ~.+ b Q ~ bo -, +- c~ ~.. ~1~.. :,.: 4;: [~ C_ .S' C Z. ~ ; -Y' ~_ ~' ~ ''; ,;~ `., Y __ iausttr'ttixfanr. r., .a„E.„ .~ .w~v:.wv.uz a.~~in~+aa'~'~+.. ,, .u __ ~_.,- - ._, .. ~f~- i.~._a+ag: DICKINSON COLLEGE, Plaintiff VS. ELLA DECKER and JULIE BARNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ ~S~qS CIVIL TERM AFFIDAVIT 1. I, Julie Barnes, am a defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Corneal on August 21, 2001, awazding Plaintiff possession of the apartment in which I reside and a judgment for alleged back rent. 2. My rent for this apartment, located at 163 West High Street, Apt. 2, Cazlisle, Cumberland County, Pennsylvania is $309.00 per month and is due by the 1st of the month. The rent is subsidized by HUD. 3. I verify that the statements made in this Affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~ Julie es Defendant ~. ...._ -~ ~ : ~_ z L ~,.; ~ . ~.` --c' ..°^' [-: .:J' J d ` DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ELLA DECKER and JULIE BARNES, Defendants NO.O ~' ~qs CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary; Kindly allow, Ella Decker and Julie Barnes, Defendants, to proceed in forma a~uoeris. I, Philip C. Briganti, attorney for the parties proceeding in forma au uperis, certify that I believe the parties aze unable to pay the costs and that I am providing free legal services to them. Philip C. B ganti Attorney for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Cazlisle, PA 17013 (717) 243-9400 c :~ ~~,_ - y:; "~. z%, ;=, _. ~~,~ _ - 4 nvaccx~aaxa~n.. ~i~ ~~ ~. pay.., r. _~~ ~ rams-.- e~ ,..:a}mmrn F rau:~`A COMMONWEAtTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No % ~^" j II'y J C I v / NOTICE OF APPEAL ?'~'~ 5! ~~' ) 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 mentiexred below ~ - an(~ Julie lsarnc:s ~ Prtula,t P„ Corneal 1 i:.:; ,r, t~i:~h ~l~r,~et, A:pt. 2 Carlisle PJ1 17013 RATE OF AID(eMENT IN THE CASE Cff (HaMiH) (Celerklen[J is/"d1101Jic)±inson College vs ~sllNt Decker -Julie B'arne QAIM NO SIGNATURE OF APPE4ANT OR M6 ATTORNEY OR AGENT / Pnili~ C. 1!3rig~~lats, Mz Pen Ireaa Service cv t9~~_0000262-01 0 Irvine :tow, ;:3rr..isle f:'A 17013 3.9 p0 LT 19 This bock will be signed ONLY when this notation is required under Pa. R.CJ'J.P. Nn If appellant'was'CLAIMANT (See Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the Dishict Justce, will operate as a 1001(6)"in action before-QfsVict 9ustice,he MUST SUPERSEDERS ro the jy~9 ant for possessio(/•~pn in this cas FILE A COMPLAINT within twenty (20) days after t ~ `71 ~ _"_~'" ` ~_=_ _ filing his NOTICE of APPEAL. `' PRAECIPE TO .ENT.ER RULE TO FILE COMPLAINT ANO 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 Jus[ice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonorory Enter rule upon €i10.K7.riSOn College , appellee(s), ro file a complaint in this appeal ~^ Q Name o/ appe/lee(s) (GHnmon Pleas No ~ ~ ~ `°~ ~ ! ~ ~,~~"~ )within twenty (20) days afters 'ce of rule entry of judgment of non pros - of appeAant a his attorney a agent RULE: Ta Dickinson Collette , aFipellee(s). Name of agxllt:e(s) (1) You are noKfied,thaT a rule•is-hereby entered upon you ro file a complaint in this appeal within twenty.(20) days after the date of service of this rule upon you~6y persorial'seryice or by certified or registered mail. ~ - (2) ff you do ndt'file1a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. /` ~, (3) The date of service of ,1His rule if service was by mail is the date of mailing/. ~/ pole: ~ t,x~ ~ Oj " "a)l~ , ~ Es/ 1.0~.(A~ ~/{ 6"YlA . ,,,,„ ~ -.,._. ~"~e of Protlwrafery or OeWM //// .L AOPC 31Y-es COURT- -DICE „_~w a --a ~~wnwsm ,~~ ..,~v~IY.~P r ~~~,~mmrx•.,, ,,,.,:.I P~~~F t~FSE~1tt~E C)F (VOTt~E ~F ARPEAt, Atd~ F~t81~E TC9 Ftt.E Cf3tMPt.dttPlT (Phis proat of service MUST' &E F1t_ED WITHIN TErV (t0) DAYS AFTER filing the notice of appeal. Check appticabta boxes) C~PAHIQMW£AinYH 4F ~EFlPfSYL/MANIA COtdNTY f3F Cli m~7*~~4nG1 : ss ~FFt~Y,,~tT/"e I hereby swear or affirm that I served C ~ u>l ~Tp,. U a copy of tfie Notice a Ap eel, Common Pleas No,~~'~'~195 ,upon ;he District Justice designated therein on (date of service) ~~~L~~~ _ ^ by ersonai seruice C~ y (certified) mail, sender's ra ipt attached hereto, and upon the appellee, {name} _ ~1`(~'n Son Co~v ~e ______~_ on ~ ~ ~ ~ Ca by personal service (~ ~iy (certifisdj { mail, sender's receipt attached hereto. O'and further that !served the Rule to File a Complaint aroom panyi ng the atrave Notice of Appeal u pon the appef teejs} ,o whom the Rule was addressed an ~~ ~______..._ , 49 ~ by personal servloe may-{c-ertified}.{rera~ste~tlj. mail, sender's receipt attached here ~ t SWORN (AFFIRMEC?} AND SUBSCRIBED 6EFORE RrtE ;W- i~~ TMIS DAY OF ~__~~, i6_____ Signature at affiant Signature a! oFttela} before wdUrm nffidavtt was made 7tffta of oNiciat h+ly GOlflMieBIOR axpl(ES oil _~. . 19.~.._.. I verify that the information set forth in this Affidavit is 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. Date: ~~~I~~~ P ilip Br g ti C7 f'I.A ~' ~~~,~1 as C' _v., -z.r'. ~~_l _., f_f G. 1 ' ~ . ~j 4.i? .""i ., =I , ~7 r~ ~as~mw~~ea..-~s~re~, wnr~«p~utawax'ac-:-~ ~a~ o-sna ~mv rr~rv~ s,V __ _ - -. - - - -~ a ^' C~EL~5L~ PA iZ~i13 ~ Postage $ (f ~t ~ #t,iQ ~ UediFletl Fee ~' 0-i Return Receipt Fee #~1,SQ ~ (Endorsement Requred) ~ Restrictetl Delivery Fee ~(), t1Q p (Endorsement Required) o ° $ 53.4a ~.. Total Postage & Fees ~~ .~ ~ nt TO ~~~ ~Q ~~(~ Q ~~ ~Y~-------~'----------- 0 S ree Apt. No; r PO Box No. p ~f 1~1-~ uT u- S 6s N•' '; re ' ~ :E PA i I 7t31u -- ~ Postage $ ~ ~ ~ Certifietl Fee #2,iQ ~ ~ Return Receipt Fee ~ (Endorsement Requireo) gj a,"jt] ~ I~ ~ Restricted Delivery Fee , (Endorsement Required) ~.IJ,iI[) ~ Total Postage&Fees $ $3,04, ~ ent To --tcK~n~?.-~.Lle~~-~4.1= - o o S . Na.; or PO Box No. ~Q~~k 1~-?~ N _ ------------- Ci , S[e[ ,ZIP - l~s'P~ (~~ i~ati3 :~ RR H ~~ ~ `~s ~~~ pt~io n2 ~ypg~L/5~~., 3 U~ ~n.,r® , DICKINSON COLLEGE, Plaintiff v. ELLA DECKER attd JULIE BARNES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5195 NOTICE TO DEFEND TO: Ella Decker and Julie Barnes, and Philip C. Briganti, their attorney: 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. McNEES WALLACE & NURICK LLC Dated: September 20, 2001 By~~~tia-- Kimberly M. Colonna, Esq. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1 166 (717)232-8000 Attorneys for Plaintiff Dickinson College D DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ELLA DECKER and JULIE BARNES NO. 01-5195 Defendants COMPLAINT Dickinson College, by its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against the Defendants, Ella Decker and Julie Barnes, and avers the following: 1. Plaintiff, Dickinson College ("Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants, Ella Decker and Julie Barnes are adult individuals who reside at 163 W. High Street, Apt. #2, Carlisle, PA 17013 3. On or about Apri128, 2000, Dickinson and Defendants Decker and Barnes entered into a Section 8 Model Lease (the "Lease"). A true and correct copy of the Lease is attached hereto as Exhibit A. 4. Pursuant to the Lease, Dickinson, as Landlord, leased the premises located at 163 W. High Street, Apt. #2, Cazlisle, Pennsylvania, (the "Premises") to Defendants. 5. On or about Apri128, 2001, Dickinson and Defendants also entered into a "Lease Addendum" which provided that the one year term provided in the Lease would be waived and that the Lease would bemonth-to month. A true and correct copy of the Lease Addendum is attached hereto as Exhibit B. 1 6. One year later, on or about Apri127, 2001, Dickinson and Defendants entered into a Contract/Lease Addendum (the "Addendum"). A true and correct copy of the Addendum is attached hereto as Exhibit C. The Addendum provided that the rent for the Premises would be four hundred fifty dollars ($450.00) per month, that Defendants would pay three hundred nine dollars ($309.00) of each month's rent, and that the Pennsylvania Housing Authority ("PHA") would pay one hundred forty-one dollars ($141.00) of each month's rent. See Ex. C. On or about Apri125, 2001, Dickinson advised Defendants that as of June 1, 2001, the monthly rent would increase to four hundred seventy-one dollars ($471.00) per month. A true and correct copy of the letter from Dickinson is attached hereto as Exhibit D. 9. Defendants failed to make their rent payments in a timely manner in the following months: October 2000 November 2000 January 2001 February 2001 March 2001 Apri12001 May 2001 June 2001 July 2001 August 2001 September 2001 10. Dickinson advised Defendants of their late payments and notified Defendants that it would institute eviction proceedings. True and correct copies of letter from Dickinson to Defendants regarding the late payments are attached hereto as Exhibit E. 2 11. Defendants' failures to make their monthly lease payments in a timely manner constitute repeated breaches of the Lease and the Addendum. 12. The Lease permits the Landlord to terminate the tenancy for (i) serious or repeated violation of the terms and conditions of the lease; (ii) violations of law in connection with the apartment; and (iii) other good cause. "Other good cause" is defined to include, inter alia, disturbance of neighbors, landlord's desire to sue the unit for person use, and business or economic reasons. See p. 3 of Ex. A. 13. As of the date of this complaint, Defendants have failed to pay any rent for the months of June 2001, July 2001, August 2001, and September 2001. 14. Defendants Decker and Barnes have been uncooperative in allowing representatives of Dickinson to access the apartment to check the function of the apartment's smoke detectors. 15. Other residents of the premises have complained about Defendant Decker's smoking, and about her repeated requests for assistance with household tasks. 16. Defendants disturbance of the neighbors and refusal to cooperate with Dickinson constitutes good cause for the terminafion of the tenancy. 17. On or about June 15, 2001, Dickinson served Defendants with a Notice to Quit (the "Notice"). A true and correct copy of the Notice is attached hereto as Exhibit F. 18. Pursuant to the Notice, Defendants were instructed to leave the premises on or before August 1, 2001. See Ex. F. 19. Defendants failed to vacate the Premises on or before August 1, 2001. 3 20. On or about August 1, 2001, Dickinson filed a Landlord Tenant complaint against Defendants in District Court 09-2-01 seeking judgment for unpaid rent in the amount of nine hundred twenty-seven dollars ($927.00) and seeking possession of the unit. 21. After a hearing held on or about August 21, 2001, the District Justice granted judgment in favor of Dickinson and against Defendants in the amount of $1016.18, and granted possession to Dickinson. A true and correct copy of the Judgment is attached hereto as Exhibit G. 22. On or about August 31, 2001, Defendants appealed the District Justice Judgment. 23. Dickinson files this Complaint in response to the Rule to file a complaint issued by the Prothonotary. 24. As of the date of the filing of this Complaint, Defendants have not vacated the Premises. 25. Defendants' tenancy terminated as of August 1, 2001, and Defendants' continued possession of the Premises is wrongful. 4 WHEREFORE, Dickinson College demands that judgment be entered in its favor and against Defendant Ella Decker and Julie Barnes for unpaid rent, plus costs, and demand that possession of 163 W. High Street, Apartment #2, Carlisle, Pennsylvania, be awarded to Dickinson College. McNEES WALLACE & NLIRICK LLC By Kimberly I41. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717)237-5397 Attorneys for Plaintiff Dickinson College Dated: September 20, 2001 5 Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, I hereby certify that I am Vice President for Campus Operations of Dickinson College, that I am authorized to make this verification on behalf of Dickinson College, that I haue reviewed the foregoing, and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. DICKINSON COLLEGE Nickolas G. Stamos Vice President for Campus Operations ........................................................................................... SEP-19-01 WED 16:16 AUX SVCS/PURCHASING Model Lease far Regular Tenancy Section 8 Tenant-based Assistance Mousing Choice Voucher Program ~~,` .'l~:'_ v part A of Lease: Contract Information 1. Contents of lease. The lease consists of: Pad A; Contract Information Part B: Lease addendum (lease language requiretl by HUO) Pad C: The f0110W1ng additional provisions (d5 required by the owner): (Specify any additional provisions, e~g., by designating any dxhibits or attachments fa the lease.) 4. Unit Rented, This is a lease for the following dwelling uniF / ) ~ ~ ;t Adtlress ~(Cr J ,.~.ih J4¢L~ ti4! ~~~ ~~r~,r~ ~ f 5. Mem6erS pf Hpus/~hold. 6 y ~ '~" r'~.~ b. Term of Crease. Th¢ initial term begins on ~ / ~~K%C' The initial term ends on D ~ Gcl Autpmalic Renewal ~ ARer the initial lease term, the lease shall renew automatically as a month to month lease instead of far a 12-month period. .................................... FAX N0. 7172451379 P, 02 7. Rent to Owner ~ // .:-. The inftial rent to owner is $ 'T ~~' The HquSing AUChOdty will pay $ ~ ~ and the lenant share shall be $ it d*- _. The amount of the rent to owner ie subject to change during the tease term in accordance with this loose. 8. Utilities and Appliances. The Landlord shall provide the utilfties listed in column (t) below for the dwelling unit without any additional Charge t0 the Tenant The cost of these utilities is included in the Contract Rent. The utilities listed in column (2) below are not included in the Contract Rant and are paid by the Tenant. Utility Type Column 1 ; /' Column 2 heating far premises ~ 7/ _ Caaking fuel Other Electric ~ '1~ Heating of water _.r _ Sewer ~_ ~. Water _~ Tresh ~' Lawn care N J/9 Snow Removal y~ geaning of Common Areas _~ ~.~ ~Ran(tG(Mierowavs C:. -;_~ ~ Refrigerator t/ ~_ Smoke Detector ~~ _ Other (Specify) 5. Seeurity Deposit. Tha security deposit is $ - " -~ The lenant has paid the security deposit to the owner. ig. Other owner Charges. (Insed deseriptien of any other owner charges that may be assessed !er items not included in rem to owner.) Housing Choice Vpucher Program Lease 3. Name of Housing Agency (HA). Cumberland. Cpunty Housino Authority SEP-19-O1 WED 16 16 AUX SVGS/PURCHASING FAX NC. 7172451379 P, 03 Ignatarea enarrt nnc crTypa rva a e(7enant "'~~/ ,, y ,~, gnan,n ~~,~ ~~~~~ .~- U~ ~`f~~ f .~~~7 ate t7wne ~ ~ Pnnt or Type me erg~////~~~~ f Sigrature Pnrn or Type r+arne arttl Title m SigrWery g ~~ SEP-19-O1 WED 16;17 AUX SVCS/PURCHASING Tenancy Addendum Set:Cion 8 'tenant-Based Assistance Housing Choice Voucher Program (7.. LO gtlW~I...J lc F.,.,..:.;tcaaaj t. Section $ Voucher Prggram a. The owner is leasing the contract unie tv ehe tenant for occupancy by the tenant's family with assistance for a tenancy wider the Section $ housing choice voucher program (voucher program) of the United S[a[cs Depart- ment of Housing and Urban Aevclgpment {HUD). b. The gwner has enteral into a Hauling Assistance Pay- ments Contract (HAP contract) with the PHA under the voucher pCOSYant. Under the HAP contract, the PHA will make housing assistance: payments ro the owner to assist the tenant in leasing the unit from the: owner. 2. Lease a. The owner has given the PHA a copy of the lease, including any revisions agreed by the gwner and the tenant. The owner certifies that [hc terms nfthe lease are in accordance with all provisions of the HAP contract and that the (ease includes the tenancy addendum. b. The tenant shall have the right to enforce the tenancy addendum against the uwner. (f there is any conflicC between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall con[rpl. 3. Usa of Contract [)nit a, [7urinp the lease term, the family will res'ide in the contract unit with assistance under the voucher program, b. The composition of the household must be approval by the P}iA. The family must promptly inform the PHA of the bitth, adoption or court-awarded custody of a child. Other persons may not be added to the household withqut prior written approval of the owner and the PHA. c. 1`he contract unit may only be used far residence by the PHA approved household members. The unit must be the Family's only residence. Members of the household may engage in legal prsFtmaking activities incidental to primary use of the unit far residence by members of the (amity, d. Thv tenant may oat sublease or ice the unit. c. Tht tenant may no[ assign the lease or transfer the unit. 4. Rent to Uwtter a. a. The initial rent to owner may not exceed the amount approved by the PHA in accordance with HUD require- ments, b. b. Changes in the rent to owner shall be determined by the provisions of the tease. However, the owner may not raise [he rent during the initial term of the lease. Rent to owner does not include cost of any meals or supporive services or furniture which may be provided by the owner. The owner may not require the tenant or family members to pay charges for any meals or supportive services ar furniture which may be provided by the owner- Nonpay- ment of any such charges is nul grounds for termination of tenancy. RepWces form MUD•5264'I•l Page t of 3 FAX N0, 717P451379 P, 04 U.S. gepartment of Mousing and Urban pavetopment Office of Public and Indian dousing c. During the term ofthe lease (including the initial term Of the lease and any extension term), the rent to owner may at no time exceed' (I) The reasonable rent for the: unit as most recently determined or rcdctermined by the PHA in accor• dance with HUD requirements, or (2) Rent charged by the owner for comparable unas- sisted traits in the premises. 5, Family Payment to Ownar a. The family is responsible for paying the owner any portion of [he rent to owner chat is not covered by the PHA housing assistance payment. b. Each month, the PHA will make a housing assistance payment tq the owner on behalf of the family in accor- danccwiththeHAPcontract. Theamqunt oFthe monthly housing assistance payment will be determined by the PHA in accordance with I•]L'D requirements fora ten- ancy under the Section 8 voucher program. c. The monthly housing assistance payment shall be cred- ited against the monthly rent to owner for the contract unit. d. Tha tenam is not respbnsible for paying the portion of neat to owner cvverod by the PHA housing assistance payment under thq HAP contrast between the owner and the PHA. A PHA failure to pay the housing assistance paytnent to the owner is nor a violation of [hc least, Tho owner may not terminate the tenancy far nonpayment of the PHA hauling assistance payment. e. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing sCtviccs, maimenanee, utilities artd appli- ances to beprovided and paid by the owner in accordance with the lease. f The owner must immediately return any excess rent payment to the tenant. 6. Other Fees and Charges form MUf7.5s641•A (1Ngg} rof Handbook 7420.8 SEP-19-O1 WED 16:18 AUX SUCS/PURCHASING FAX N0. 7172451379 P, 05 c. The owner may not charge the tenant extra amounts for items customarily included in rent to owner in dte local- ity, or provided at no additional cast to unsubsidized tenants in the premises. 7. Maintenance, Utilities, and Other Services a. t\'Iain[enance (1) The owner must maintain the unit and premises in accordance with the FiQS. (Z) Maintenance and replacement (including redecoCa- tion) must be in accordance with the standard prac- tice for the building concerned as established by the owner. b. Utilities and appliances (1) The owner must provide all utilities needed to com- ply with the HQS. (2) The owner is not responsible fpr a breach of the HQS caused by the tenants failure co: (a) Pay far any utilities than are [o be paid by [he tenant. (bj Provide and maintain any appliances that arc to be peovided by the tenant. c. Family damgee. The owner is not responsible for a breach of the HQS because of damages beyond normal wear and tear caused by any member of the household or by a Suest. d. Housin~+ services. The owner must provide dll housing services as agreed to in the lease. S. Termination of Tenancy by Owaer a- Requirements. The owner may only tetminatC the tenancy in accordance with the lease and Hi1D require- ments. b. Grounds. During the tarn of the least (the initial term of the tease or any cxtcnsion term), the owner may only terminate the tenancy because oF: (1) Serious or repeated violation of the lease; (2) Violation ofFederal, Sate, orlocal law ihatimpases obligations o» the tenant in connection with the occupancy or use of [he unit and the premises; (3) Criminal activity ar alcohol abuse {as provided in paragraph c); ar (4) Other good cause (as provided in paragraph d). e. Criminal activity ar alcohol abuse. (I) The owner may terminate [he tenancy during tht term of the lease if any member aF the household, a guest or another person under a resident's control commits any of the following types of criminal activity: (a) Anycriminalactivitythatthreatensthehealthor safety of, or the right to peaceful enjoyment of the premises by, other residents (including prop- erty managcmentstaff rest ding on the premises); (h) Any criminal activitythatthreatensthehealthor safely of, or [he right to peaceful enjoyment of their residences by, persons residing in the im- mediate vicinity of Che premises; (e) Any violent criminal activity on or near the premises; ar (d) Any drug-related criminal activity on or near the premises. (2) The owner may terminate the tenanty during the term of the (case if any member of the household is: (a) Fleeing [o avoid prosecution, or custody or confinement after conviction, foi a crime, or attempt to commit a crime, [hat is a felony under the laws of the place from which the individual fleas, or that, in the case of the State of New Jersey, is a high misdemeanor, ar (b) Violating s condition of probation or parole under Federal or State law. (3) Tha owner may terminate the tenancy for criminal activity by a household member in accordance with this section if the owner determines that the house- hold member has committed the criminal activity, regardless of whether the household member has been arrested or convicted for such activity. (4) The owner may tefminate the tenancy during the term of [heleascifanymcmber ofthehouseholdhas engaged in abuse of aitohol thaC threatens the health, safety or right to peaceful enjoyment of the premises by otheC residents. d. other good cause for termination of tenancy (i) During the initial lease teen, other good cause for termination of tenancy must be something the fam- ily did or failed to do. (2) During the initial leasetcrmorduringanyextension term, other goad cause includes: (a) Disturbance of neighbors, (b) Destruction of property, or (c) Living~er housekeeping habits that cause dam- age Co the unit or premises, (3) After the initial lease term, such good cause ia- cludes: (a) The tenant's failure to accept the owner's offer of a new lease or revision; (b) The owner's desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or (c) A business or economic reason Car termination of the tenancy (such as sale of the propcny, renovation ofthe unit, the owner's desire to rant the unit for a higher rent). Replaces form MUO.52641-L Page 2 of 3 (0tm NlJ[r-521141-A (14799) ret Hantlhaok 74RO.a SEP-19-Oi WED t6~19 AUX SVCS/PURCHASING FAX N0, 7172451379 P, 06 e. Eviction by court action. The ownermay ~~ty evict the tenant by a court action. Owner notice of grounds (1) At or before the beginning of a cvurc action tq evict the tenant, the owner must give the tenant a notice that specifics the grounds for termination of ten- ancy. The no[ice may be included in of combined wi[h any owner eviction notice. (2) The owner must give the PHA a copy of any owner eviction notice at the some time the owner notifies the tenant, (3) Eviction notice means a nonce to vacate, or a com- plaint ar other initial pleading used to begin an cvietion ac[fon under State or (oval law, 9. Lease: Relation to HAP Contract if the HAP conttatt terminates, for any reason, the Icasc terminates automatically. 10. PHA Termination of Assistnnce The PHA may terminate program assistance for the family fi,r any grounds uurhocizrd in accordance with HUD require- ments. if [he PHA terminates program assistance fur the family, the lease terminates automatically. 11. Family Move Oui The tenant must notifi: the PHA and the gwner buFoxe the family moves out of the unit. 11. Security Deposit a. The owner may collcctttsecurity deposit from the tenant. (However, the PI{A may prohibit [he owner from collect• ing a security deposit in excess of private market prac- tice, or in excess of amounts charged by [he owner to unasSisced tenants. Any such PHA-requirod restriction must be specified in the HAP contract.) b, When the family moves out of the contract unit, the owneq subject tv State and local law, may use the security deposit, including any interest on the deposit, as reimbursement for any unpaid rem payable by the tenant, any damages to the unit or any otheY amounCS that the tenant owes under the lease. c The owner mustgi~'e [he tcnantatistofatl itcroschargcd against the security deposit, and the amount ofeach item. Afterdeducting the amount, if any, used to reimburse the ownrr, the owner must promptly refund the full amount ..C n.- r.nue ~l Yulannn m Tha ranaN d. If the Security deposit is no[ sufficient to Cover amoums the tenant owes under the least, the owner may collect the balance from ehc tensor. 13. PYOhlbition of Discrimination In accordance with appiicahie equal opportunity statutes, Execu- tive Orders, and regulations, the ownrr must not discriminate against any person because of race, color, religion, sex, national origin, ago, familial status ordisahilily in connection with the lease. 14. Cgnlliet with Other Provisions of Lease a. The terms of the tenancy addendum are prescribed by HUD in accordance with Pedaral law and regulation, as a condition for Ftderai assistance to the Conant attd tenant's family under the Section 8 voucher program. b, [n case of any con}iigt hetween the provisions of rho tehanCy addendum as required by HUD, and any other provisions of the lease or any other agreement between the owner and the Tenant, the requirements of the HUb- required tenancy addendum shall cannel. 15. Notices Any notice seder Cho tease by the tenant to the owneror by the ownrr to thr tenant must be in Writing. i6- Definitions Contract unit. The housing unit rented by the tenant with assistance under the program. Family, ThC persons who may reside in the unit with assistance under the program. HAP contract. The housing assistance payments gantract be• [wcen the PHA and the owner. The PHA pays housing assistance payments to [he gwnet in accordance with the HAP contruct, Hvuseh old. The persons who may reside in the contract unit. The household consists of the family and any PHA-approved live-in aide. (Alive-in aide is a person who resides in the unit to provide necessary supportive services for a member of Cho family whp (s a person with disabilities.) Housing quality standards (HQS). The HUD minimum quality standards Far housing assisted under the Seerion 8 tenant-based progrdms. HUD. The U. S. f)epartmenc of Housing and Uxban Development. HUD requirements. HUD requirements for the Sectioa 8 pro- gram.'~ HUD requirements are issued by HUD headquatters, as regulations, Federal Register notices or other binding program directives. Lease. The written agreement between the owner and the tenant for the lease of the contract unit rv the tenant. The lease includes the tenancy addendum prescribed by HUD. PHAr Public Housing Agency, Preen-ices. The betiding or complex in which the contract unit is located, including common areas and grounds. Program. Tha Section 8 housing choice voucher program. Renrty owner. Thr total monthly rent payable to the owner for the contract unit. The rent to owner is me swn of nc~ Pu~d~,...r rent payable by the tcrtartt plus the PHA housing aSStstance payment to the owner. Section 8. Section8oftheUnitedStaresHousingActof1937(AZ United States Code IA37fl- Tenant. The family member (or members) who leases the unit tram the owner. Voucher program. The Section 8 housing choice voue}ter program. Underthisprogram,HUDprovidesfundstoanPHAfor rentsubsidyonbehalfofcligiblefamilies. Thetemancyunderthe lease will be assisted with rent subsidy for a Cenancy under the voucher program. Raptaeos (qen HUO-52641.1, page 3 of 3 form HUD-btd41•A (10!99} ref Handbgok 7420.8 .care SEP-17-O1 NON 09;29 AUX SVCS/PURCHASING FAX N0. 7172451379 LEASE:IADEYllCS1 P. 02 J o' :? i 'THIS iS AN ApUE.NDL?'1i to _i Lease Agreement by and hetween ~`~~1;!,i! '~ . .vt„~ ; ,L^/,..~ ,~% _ __ _ (hereinafter "landlord") anti •~' "~~L.. ~e -~. ~,~,r`__ rc ." , , _ un,.Y-rV.._ __....__ (hcr(:imttter"Tenant" ). WTTN)rSSETiI: ~VI~iEREAS, Landlord an(i't'enant have entered into a Lease Agreement dated the _-__~~' of _ ~'~ 4'~ (hcrcinat~er the "New Leasc•'") fpr the rental pf the premises at f(, ~3 ~ JL~_al~r ('~~frZ~' '~;~ (hereinaRer"i'remises"}; WHEREA5,1'enant has been a tenant of i.andlprd under a prier Lease Agreement for the Premises for a peripd exceeding one (I) year; WIiEREAS, Landlord and Tenant have entered into the New Lease due to Tenant's quatitication under the Cumberland County Hpusing Authority's iipusing (`hoiee Voucher Program; WHEREAS, the patties recognise that the prevaiUng local practice is For a lease to cpnvert to a month- lo-mnntl) Irnsc uprn) the expiration plan initial onu (I) year teen; aad WHERFr1S, f auuik'tr(I and "i'rnant also rrrnm)ive that,by ernviding for fl manth.w.mpnth lease that thie will imprpve the housing oppgrtunities for the Tenant. NOW, THP.RI?FORP„ in consideration nFmutual covenants and prnrnises as set forth herein and in rCC(:Ipt nl blher Viihlill)ie COn5lderatlOn. !hl` Cl'Ceipt Whtl'Ci)I iti 1)cruhy acknowledged, the parties, iiitending to be legally bound, do hereby agree as follows: '1-he New Lease shaft he a mpnth-tanuxtth lease and do specifically waive any one (I) year lease term, as otherwise may be provided in the New Lease. IN WITNI:.SS WkIEREOF, the parties hereto set forth their hands and seals, WITNESS [ LANDLO r ~ _._ ]>Kttk y.ne C.P1e38 DATE:t~-' ; ~~~~~~i ~; ~, TENANT ,y ~ + nATE~.~'.-. ~ ~/emu/~ r',. C:R.e-~Vdl/I.,CaSefld . ~i SEP-16-O1 TUE 09 06 AUX SVCS/PURCHASING FAX N0. 7172451379 P, 02 C~D~]_xj PU A'rSON OF LEASES ANp CQNTR `~~,a~L~~j^"~'%u~`""^" Regu,lation5 issued by the ^.S, Department of C~"7~`4"~- l~i.~`~ (~/ Development provide for the automatic continuation / ps_~p r,~:. ~ Housing Authorities once the initial 12-month period of existing leases and contrasts passes. This reguiatien states that after the first year of tenanvy, leases become month-to-month leases instead of for a 12-month period. Changes in regard to the lease, addendum to lease and the contract shall be made by a LER5E/CGNTRACT AMENDMENT. CDNTRACT/LEASE ADDENDUM TD THE SECTIDN 8 HDUSTNG PROGRAM LEASE AND THE HOUSING A55I5TANCE PAYMENTS CONTRACT Effective ~ ~~ / the Santion 8 Housing 2ro rah lease between ~ ~.wG'.rJ ~ Gli~ l f,ving i,n Clue unit at .3 y~~La~~~~J , l / / // and the related Housing Assistance Payments Contract shall be amended as follaws~ 1. The root, effective as of the daL•e indicated above, shall be S ~~~~ °~. oer month. 2. The Housing Authority of Cumberland County Nill pay v S ~ ~. ~ - Lowar.d the tenant's root.. 3. a tens -.will be required to pay the remaining amount of 0~ S ~~ to the Landlord each month. The tenon receive a monthly utility aseistaride payment in the amount of s -O „' All covenants and conditions of the Lease ate specifically incorporated by refere ore in this Agreement. ~brck,Nsor~1 Glen ~ / Lessor Date '~y~L ;P,t iv lc~ ~~~/~ ~~~ Lessee Lessee ~,~ a~o~ Data Date continules.S SEP-13-01 THU 16:12 April 25, 200] 8 FAX N0. 7172451379 VICE PRRRIDtNT pUR CAMPUS OPkRATIONS Ms. Ella Recker & Julie Barnes 163 W. High Street, Apt. 2 Carlisle pA 17013 Dear Ms. ,l7ecker and Ms. Barnes: P, 09 As a follow up to the phone conversation we had a few menthe ago, the College's o8'er stil] stands to coyer your relocation expenses, withiu the Carlisle area, Dote you have located suitable housing. Additionally, as of June 1, 2001, it is necessary for the College to increase the rent on your apartment from $450.00 to $491.00. $y copy ofthis letter, the €lousing Authority has been iufonned of this increase. As always, please call if you have questiavs or concerns, Xo11rs truly, Nzckolas G. Stamos 'Vice ]?resident for Campus Qperaticels NGS;dw xc: Dolly Ludwig, Housing Representative Housing Authority of Cumberland Gounty 97oe/irSY roAcyvr charteful in dle ngW nntimv • SFpfcmbn y 1783 P.O. DO%1793 qp RLISL}r PBNIOgy LVANle 17b1i•289G PI70NS; ]0.]_y45-1943 FAx: 917`245-0.903 WIIl1: WWW,a1CICInSOn.Gau AUX SVCS/PURCHASING ..3~ SEP-13-01 THU 16:13 AUX SVGSfPURCHASING FAX N0. 7172451379 P, 10 December 7, 2000 Ella Decker & Julie Bames 163 W. High Street, Apt. 2 Carlisle .PA 17013 Dear Ms. Darker & Ms. Bames: The College has not received your portice of the rental amount on your aparmtezzt suzce the manitll of September, The months of October and November era new overdue. ] do hope that all is well with ycu both. If you have any questions or problems ragardiug the apartment, please fool free to oall me. Sincemly, Nickolas G. Stamas Vice President for Campus dperations NGS:dw cc: Dolly Ludwig, Housing Authority of Cumberland Cottuty ........................................ SEP-13-01 THU 16:10 March 5, 2001 Ella [Jeclcer & Julie Eames 163 W. High Street, Apt. 2 Carlisle PA 17013 Dear Ms. Decker soul Ms. Harries; ~3 ~~ CiJ' d ~ ~~~ ~ ~~~ .~ ~~~~ d Your letter addressed to "Polly Willey" was received by this office an Monday, February 26. Irt view of the fact that your rent on the apartrrseart at 163 W. High Street has not been paid for the morrths of November, December, January, Febnuary, and March, it is nec4is5ary that vve begn eviction Pi9G~lili'fi SL 111L51~IT11B Thle IPdtPI1x111 srnm as rrralp fifteen f 15) rhtrr mritton notion st6thoss orocceding~. Oa or about March 19, eviction papers will be Sled with District Justice Paula Correal's oS;ce. It is with regret that this College finds it necessary to take this drastic measure, but we have rip other alkemative. If you would like to discuss the situation, please call my office, Years truly, Nickolas G, Stamps Vice President for Campus Operations NGS:dw ce: Dolly 4udwig, Housing Authority ...................................................................................................................................... AUX SUCS/PURCHASING FAX N0. 7172451379 P, 06 SEP-13-O1 THU 16 09 AUX SVCS/PURCHASING FAX N0. 7172451379 VI(: 1! Yk BSIDENT PO~t CAMPUS ~)1'GNATIONS May 76, 200] Ella Decker & Julie Bamas 163 W. High Street, Apt. 2 Carlisle PA ].7013 Dear Ms. Decker and Ms. $arnes: P, 03 It has been brou~t to my atxcmtion that your ream an the apartrnenx at 163 W. High Street has not been paid for thq months of March, April, and May_ Again, it is necessary that the Collette begin eviction proceedings. This letter wi[l serve ag_ vaur fiffeen (15) r~a~ i notice of hese procesdin~s. On or about Juue l ", eviction papers will be filed with District Justice Paula Correal's office. It is with regret that tirq College Ends it necessary to take this drastic measure, but we have no other alremative. It is my understanding that the Housing Authority of Cumberland County will assist you rn another unit, and the College will cover your relocation gxp~5ses, within the Carlisle area. 'Yours truly, Nickolas G. Stamos Vice Prasidenk for Campus Operations NGS:dw X4; Ao11Y Llldwip Flnnsinsr Rrprrcmntvriirc Housing Authority of Cumberland Courny Tka fiISE callsy+e char'trergd itr phe new nndon • SNpIMnGcrq,178,7 .~-~ 3'.U. IIOx iJ]] fA¢LIAL£~ rr;NNSYLVn Niq 7703a•2tlJC I+MOXII: )Ij-245-Iy43 PAx: ]I]-y4S-3907 WFB: www,(tl Gl(Il1Sf)f2.Cd11 'r - ~ SEP-17-O1 MON 09 32 AUX SVCS/PURCHASING FAX N0. 7172451379 NAME OF LANDLORI?: NAME OF TBNANT: DATE OF LEASE: LEASED PREMISES: NOTI E TO UIT Dickinson Collc Ella Decker and Julze Barnes 4/22/94 _,,^ ]63 West High Street. Ant- 2 Carlisle PA 17013 ,. DATE OF NOTICE TO QUIT: June 1,5, 2001 _ T0: Ella Decker & Julie Games 163 West High Stre Apt 2 CazIiS1e PA 17013 _,_, P, D7 YOU AR'E HEREBY GIVEN NOT1C~ TO QUIT THE LEASED PREMISES FOR FAI[,URE 7'O PAY RENT AND OTHERWISE COMPLY WITH THE TERMS OF TILE CEASE, AND FOR LANDLORD'S ELECTION NOT'4'O RENEW TILE LEASE. YOU MUST LEAVE THE LEASED PREMISES ON AUGUST 1, 20011. IF YOU DO NOT [,SAVE THE LIlCASED PREMI5E5 AND GIVE POSSESSION OF THE LEASED PREMISES TO LANDLORD'BY AUGUST 1, 200I, LANDLORD WII.L BEGIN APPROPRIATE LEGAL ACTION TO HAVE YOU REMOVED FROM THE LEASED PREMISES. ~'".. , U SEP-17-O1 MON 09 33 AUX SVCS/PURCHASING FAX N0. 7172451379 P, 08 AEFTDAVIT OF SER''~CE I, the undersigned adult individual, having been duly sworn upon my oath, state that I did serve a copy o£the attached Notice to Quit upon ~ ~~f) 1,.~'4I<'el~ 'f'tJkl ~ 2 ~a~~5 by personally handing ~v ~ i c_ ~~ n c~ _ a copy of the Notice to Quit at the Leased Premises at ~ ~ ~ W • ~ ~ $t,,,, ~+~'~ a- [address] on ~--(S - 2.a o I ... [date] at 2-1 I~? p~-. [time]. ~~/~ Name: Subscribed attd sworn before me, the undersigned notary pablic, this I ra~` day o£~l.V~-, 2001. Notary Public - (SEA G) My Conixnission. expires: _ NQiARll1L S~AI. '"~`;a,~.. Carlista8aro; NCwn~Pub6c Canmission roa'Dec:1 ~-.i i l SEP-06-O1 TNU 16:15 AUX SVCS/PURCHASING COMMONWEALTH pF PENNSYLVANIA wurv I r yr: ~_~~` Mag. Olal. No; o~-a-o1 of NainS~ Han. PAUL}A~.,~ P . CORRHAL ; Adtll55E: 1 COTTRT]HOUSE .SQUAB]; GA1iLTSLE, PA SL Towp„en~:(717) 240-6564 17013-0000 DxCKTtdSON COLLEGE P,O. 80% 1773 ATTN: NTC7COLAS G. STAMOS CARLISLE, PA 17013 FAX N0. 7172451379, _ P, 02 NOTICE a~F t9LlDGMENT/T'RANSCRIRT PLAINTIFF: I~E$1DENTIAApUEASE rATCRINSON COLLEGE P.o. 808 1773 ATTN: NIC80LA5 G. STAMOS LCARLTSLE, PA 17013 J VS. DEFENDANT: NaMEand aonaes5 rAEClCER, PiLTi2L, $T AL. "`I 163 W E3TG8 STREET APT,# 2 CARLTST,E, PA 17015 L J DocketND.: LT-OOU0262-01 Date Filed: 8/03/01 THIS IS TO NOTIFY YOU THAT: Judgment: __ 1~OR P~ INTI ~ -"' X~ Judgment was entered for; (Name) ATCETNSOPI COTaLEGE _ Judgment Was entered against BARNES, .TUT,TE 0 Landlord/Tenantactlon in the amount of $ 1, 016.7.8 pll 8 21 The amount of rent per month, as established by the District Justice, is $ amount of the is in a ~OS (Date of Judgment) 30g ""Q0, Total Amount Established $y2DJ OQ ss$Security Deposit Ap~l~d Rent in Arrears 77 Physical Damages Leasehold Prpperty $ .00 -$ .OD = Damages/Unjust Detention $ n0 -$ _ 00 Less Amt Due Detendantfrom Gross Complaint - Interest {if provided by lease) LIT Judgment Amount Attachment Prohibited/ ~ Judgment Costs Victim of Abuse (Act 5, 7996) Att F This case tlismissed without prejudice. ® Possession granted. Possession granted ii mpney judgment is no sa Is lec`f~y Possession npt granted. __ ~ LDVy is stayed for days or ~ generally stayed. Objection to Levy has been filed and hearing will be held: Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjud icatedgl~ ~oup t8 $ ~00 $ _ .00 $ _nn $--- ?xZOo $ R9,18 $ _nn ~ _ 1,ols.ls Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO AppEAL FROM A JUDGMENT FOA Pp5SESS10N WITHIN TC-N RAYS AFTER THE DATE DF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONpTARYlC6ERK OF COURTS bF THE COURT OF GOMMON PLEp$, CIVIL DIVISION. THIS APPEAL WILL INCLUDE qN APPEAL OF THE MONEY JUDGMENT, IF ANY. 1N ORDER TO OBTAIN q SUPERSEOEAS, THE AppELLANT MUST DEPOSIT WITH THE PROTHOND7ARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT DR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. 1F A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF q JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE; PATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WRH THE pR07HONDTARYlCLERK pF coURTS OF THE COURT OF COMMON PLEAS, OIVtL DtVIS10N. TH~P RTV FILING AN gppEAL MUS {NCLt7Dr q COPY O E pF JU ENTITRgNSCRIPT FORM WITH THE NOTICE OF APPEAL. r•a~~'~ ~ ^ ,Date ,_ __ _ / _ _ ,District Justice o l _ Bate My com 7ission expires first onday of January, A(1PC 916A.Pq orney ees District SEAT. `u~P-U6-Ul 'iHU t6:75 AUX SVGS/PURCHASING FAX NU. 7172451379 P, U3 IVVTICC VP AYYCAL aaMMOrMtEALYN OF PENNBYLYANIA i ~ aOL1RT OF~COMMON PLEAT F1EOM 1 morcswL wstrRicT p15TI2ICT JtlSTlCE JUD6NMENT. ~._.«... -- - - - -- ~ COMMOH PLEAT Nu -'~~ (=' ~, -~ NorlcE ar~ At+PEAL - . Notice is given that the appellant has filed in Ibe shave L:ouri of Gammon Pleas w+ appeal from the judpnlent rendered Fry the District Justice M the date and in the ease inairtioned 1x+lavA "i7F.mEt nrreLen~F' ___ - -^.. t.Tw"C'. Bis+i+ row o "- _~;.... ...r .: tLC. ,. ..Aa. S_ . r., "':"::::.., :'ffi.ld ~.~ ~:^. i,',.'„!r. t,li , .... r.o- :. i:;" ,~~„ ...,.„r -.,?~' .,:;~Y: 1.1. c.'.... ~!. J'v'#. '~Ai[ ~ iN THE c o rNVMMi-- j. ~`~, ,. •«_.,-r.--.....-._... . _- ( ta~Ca~lJ -,,,t ~.._._._._. '_~_ VS lS :+.F» 's ~sr"At .~ M,.i .s~n .~^ ~r'S:> ~t....~.~.,.~~.....-....~. .- ..-.-__ ii T~•1t ~~t $ Iil 1RNFY A ~I~tJ ~~, ~' C~V 14 ~ ~Y5' J.i~ M' i~C,i.y ~:i i.2 p '':i'+.~+_.. +., l.r/.. !.a.;:,J ;` ..L>lri Cv ie .. .ti )Li _ 'tt,',,:sGr.;L',rr'r C:.sa,l:.).Lfw~c.` f`~rL:1 'this block w1{ be signed ONLY when tfiis notarion is roquired under Pa. R.CJ'J.P. Na !f e(fpEllent Was CLAIMANT ~(sBe~F'a. R.C.P.J.P. No. 1008& 7hfs Notice of Appeal, when received by the District Justice, will operate as a 1001 f ~J inaction be/we l7lsfilC# JUS#%CC, he MUST 5UPERSEDEd,S to itre ju..dsment for possession in this mse. FILE A CQMPLAINT within twenty (20J B.3yS a/tar _ _ ` - _ ... 7ifing hls NOTIGE of APPEAL. PRAEGIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (7his srctlon of torm to be used t?NLy when appellant was DEFENt24N7 (see Px R,C.AJ.P. No. 7()09(7) in action before bfstrlet Justice. !F A70T USED, detach iroM ~y e! RdtiCE of aAAaa/ to be SCrved upon appellee}. PRAEGIPE: to Prolhonotory Enter rule uoan '"'`""" i t"~"I' ~~~;'~'"L` ,~„ , appellee(s), to file a complaint in thu appea! IJ:+Ine or fl(.+pEifee(S) (Common Plena Nn, ±_?._~_ V _-,.,_,,,_„_~--------------_.) within twenty (20) days aher service of rote ~su(fer,entry of judgment of non pros. ' a;.'' 'Sfyvwtwe to almcA'ax a hk etkarney w agent RULE: To ".`.~;=..c. ~,raf;:^_:: :'ic~A1~;4.m.. ..__..__...-...__._. appalee{s). Na•nc W droeliaet a} {i) You are rrofified That a rule is hereby entered upon you to fate a mmplaint in this appeal wiNTin twmfy (20) days afrer the dote of service of itus sale upon you by personal service ar by reRified ar registered mati. ,,.~. r,., ,+; ,. a. {~) IPya<i~"do rwt fide d ~aomplaint withut this time, a JUDGMENT OF NON PROS WILL BE EhITERED AGAINST YqU. .. , . :, f. (3)~The, dote of service of~.~tfjis rvVe it service was fay mail 3s the date of mailing. r ,_, r ~~~~ ~ :,~ Date ~ ~ "'~~' ~ ,. Siguhxv at ProNwloDry a b4a+lY .x t ,. ,.. 'tea'"~` COPY 'F4 BE $ERVEP CtN. h.PPELLE[ •. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was served by first class United States mail, postage prepaid, upon the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kimberly M. Colonna Dated: September 20, 2001 6 e r C) C_" C-. -._ ~, _ _ t ~ ,; ,~ ,~ i ', f~ _ r,.- ~ ._~ ' ~. L. +l ~ ~~ ,fi ~~ } DEC 31 2001 ~ DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW ELLA DECKER and JULIE BARNES NO. 01-5195 Defendants ORDER AND NOW, this 31s` day of December 2001, upon consideration of the Stipulation filed of record and Plaintiff s Motion for Entry of Judgment, it is hereby ORDERED: (1) Possession of the premises located at 163 W. High Street, Apartment #2, Carlisle, PA, is granted to Plaintiff; and (2) The rent moneys which Defendants paid into escrow with the Prothonotary of the Court are to be released to Plaintiff. Dated: December 31, 2001 BY THE COURT: ~`rr ~. HlN`~irl ~SNN3d ~' lsi+'1C_;P~i~..i: i.; DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ELLA DECKER and JULIE BARNES CIVIL ACTION -LAW NO. 01-5195 Defendants MOTION FOR ENTRY OF JUDGMENT BASED UPON JOINT STIPULATION Dickinson College, by its attorneys, McNees Wallace & Nurick LLC, hereby moves for entry of judgment and avers as follows: 1. Plaintiff, Dickinson College ("Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants, E11a Decker and Julie Barnes are adult individuals who reside at 163 W. High Street, Apt. #2, Carlisle, PA 17013 (the "Premises"), a premises that they lease from Dickinson. 3. On September 20, 2001, Dickinson filed a complaint against Defendants seeking possession of the Premises and judgment for unpaid rents plus costs. 4. On or about October 15, 2001, Dickinson, through its counsel, and Defendants, through their counsel, entered into a stipulation. A true and correct copy of the stipulation is attached hereto as Exhibit A. 5. In paragraph 2 of the stipulation, Defendants agreed to pay rent into escrow with the Prothonotary of Cumberland County. See Ex. A. 1 6. In paragraph 4 of the stipulation, Defendants agreed that if they failed to vacate the premises on or before December 1, 2001, upon filing of the stipulation, judgment for possession could be entered for Plaintiff and that an order could issue releasing to Plaintiff all rent moneys held in escrow. See Ex. A. Defendants also agreed that if they failed to vacate the premises on or before December 1, 2001, judgment for possession maybe entered against them immediately and without prior notice, hearing, or further pleading. See ¶ 4 of Ex. A. 8. Defendants failed to vacate the Premises on or before December 1, 2001, and to date, they have not vacated the Premises. 9. Simultaneously with this motion, Plaintiff has filed with the Court, the stipulation bearing the original signatures of counsel for Plaintiff and Defendants. WHEREFORE, Plaintiff respectfully requests that an order immediately enter granting Plaintiff possession of the Premises and releasing to Plaintiff all the rent moneys paid into escrow by Defendants. McNEES WALLACE & NURICK LLC By Kimberly M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Dickinson College Dated: December 31, 2001 2 DICKINSON COLLEGE, Plaintiff v. ELLA DECKER and JULIE BARNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-5195 CIVIL TERM STIPULATION On this ~~~ day of October,. 2001, the plaintiff, Dickinson College, by counsel, Kimberly M. Colonna, Esquire, McNEES WALLACE & NURICK, LLC, and the defendants, Ella Decker and Julie Barnes, by counsel, Philip C. Briganti, Esquire, MIDPENN LEGAL SERVICES, hereby stipulate as follows: 1. Defendants will voluntarily vacate the premises they lease from Plaintiff located at 163 West High Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, on or before December 1, 2001. 2. Until Defendants vacate the rental premises, they will continue paying their monthly rent into escrow with the Prothonotary of the Cumberland County Court of Common Pleas. 3. Provided that Defendants vacate the rental premises by December 1, 2001, the parties, through their respective counsel, will file a joint praecipe with the Prothonotary requesting that the above-captioned action be marked as settled and discontinued, with prejudice, and that all rent money paid into escrow with the Prothonotary be released to Plaintiff. n 4. In the event that Defendants fail to vacate the rental premises on or before December 1, 2001, Defendants agree that upon filing this Stipulafion with the Court, Plaintiff may obtain a judgment against Defendants for possession of the rental premises and an order releasing to Plaintiff all rent money held in escrow by the Prothonotary. Being fully aware of their rights under the Landlord and Tenant Act and its subsequent amendments ("the Act"), Defendants agree that, in the event that they fail to vacate the premises on or before December 1, 2001, all of their rights under the Act are waived and the judgment for possession maybe entered against them immediately and without prior notice, hearing, or further pleading. /~• L®Ca~nrvo~- Kimberly M. olonna, Esquire McNEES WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)237-5397 Counsel for Plaintiff Philip C riganti, E~ uire MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Counsel for Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was hand delivered to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kim erly M. Colonna Dated: December 31, 2001 n c. _._ ,, -c c ; -~ ; ~_' T r (!:., - _ K ~- y ~, _ _ ; _ t.? CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 PAYrorHE DICKINSON COLLEGE ORDER OF 1267 60_ 1503$ JANUARY 18 ]1002 313 $2,163.00 CI~MBERIjtNb :~D.~''r` ~~~~'19~~O~y~~ DOLLARS PbbTH4fdbTlRRY ,J6 3. df~iec Owzs-row-v ~vK "RELEASE RENT" 01-5195 - "" DICKINSON VS DECKER i;0 3 i 3 i 50 ~ 6~: i08 L i i l ili' L 6 7 ,., /, /, i a- I>.~{=u r ~ :':. i :. `;' `s-`.-.6.i.: ' _- ~.~ Ua r.^v G 7 O i~ .~Z S~ ~ ~4 U ~Q\ , V . \ _ ~a (~ v O~ q~C, \} g ~\G ~ \~ 0~ 09122301182002 Cumberland County,Prothonotary's Office PYS405 Manual Release Check Register Escrow 1/18/2002 Tran Date Distribution Case No Accounting Amount Date Release -------------- 3804 DICKINS -------------- ON COLLEGE ---------------------- Check Date: ----------- 01/18/2002 ------------------- Check No.: 1267 RENT 2001- 05195 PYMT/MONEY ODR 1236.00 9/04/2001 RENT 2001- 05195 PYMT/MONEY ODR 309.00 10/02/2001 RENT 2001- 05195 PYMT/MONEY ODR 309.00 11/01/2001 RENT 2001- 05195 PYMT/CHECK 309.00 12/06/2001 Payee total: 2163.00 Grand total: 2,163.00 .~.~,,,~ DICKINSON COLLEGE, Plaintiff v. ELLA DECKER and JULIE BARNES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-5195 CIVIL TERM STIPULATION On this ~ day of October, 2001, the plaintiff, Dickinson College, by counsel, Kimberly M. Colonna, Esquire, McNEES WALLACE & NURICK, LLC, and the defendants, Ella Decker and Julie Barnes, by counsel, Philip C. Briganti, Esquire, MIDPENN LEGAL SERVICES, hereby stipulate as follows: 1. Defendants will voluntarily vacate the premises they lease from Plaintiff located at 163 West High Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, on or before December 1, 2001. 2. Until Defendants vacate the rental premises, they will continue paying their monthly rent into escrow with the Prothonotary of the Cumberland County Court of Common Pleas. 3. Provided that Defendants vacate the rental premises by December 1, 2001, the parties, through their respective counsel, will file a joint praecipe with the Prothonotary requesting that the above-captioned action be marked as settled and discontinued, with prejudice, and that all rent money paid into escrow with the Prothonotary be released to Plaintiff. 4. In the event that Defendants fail to vacate the rental premises on or before December 1, 2001, Defendants agree that upon filing this Stipulation with the Court, Plaintiff may obtain a judgment against Defendants for possession of the rental premises and an order releasing to Plaintiff all rent money held in escrow by the Prothonotary. Being fully aware of their rights under the Landlord and Tenant Act and its subsequent amendments ("the Act"), Defendants agree that, in the event that they fail to vacate the premises on or before December 1, 2001, all of their rights under the Act are waived and the judgment for possession maybe entered against them immediately and without prior notice, hearing, or further pleading. Kimberly M. Colonna, Esquire McNEES WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Counsel for Plaintiff Phili C ri anti E uire P g MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Counsel for Defendants ~~ c `.~ ;,~, F J =1 ~'` ir .; -;~ i '_ A ~ C.: =i -~ ~~ «, DICHINSON COLLEGE, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW ELLA DECKER and JULIE BARNES NO. 01-5195 Defendants PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Kindly issue a writ of possession in the above-referenced matter. McNEES WALLACE & NURICK LLC BY ~~~' ~- Kimberly M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Hamsburg, PA 17108-1166 (717)237-5278 Attorneys for Plaintiff Dickinson College Dated: December 31, 2001 ,. ~ ~ <~ _~, -~«; '-~ - z_.: `r-r _ r:: C-; ...~ .~ ~= ~ `} G CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was hand delivered to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kim erly . Colonna Dated: December 31, 2001 ~.. 4~" O ~ ~ ~` a U, ., ,~~., C~ ~ p~, ~ J c ~ ? c, ~- -~ R. ~~ y fir, ~ z. -_, ~' i. O r~ ~ «' . -< WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Dickinson College vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5195 Civil Term No. Term Costs Atfy. for Plff $ 24.00 1 G,Z WPC} Hiah StrPPt ~nartmPnt 2 Carlisle, Pa. 17013 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: PPff (s) Prothy. To the Sheriff of Cumberland County, Pennsylvania $ l.oo (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Dickinson College -Kimberly M. Colonna Esq. for Plffs Plaintiff (s) being: (Premises as follows): 163 West High Street, Apartment #2, Carlisle, Pa. ~~ r~~~ ~~~ ~~r~'m~~ In'~o.;,tdrrr~rly+~ah~root, I hnro t€rtto st;t my hand anti ^>A sr<~t! trt said Court at CaArl€sflo,~PJa^/./, Thais .~!. day _ of /OM /Ll _. Prothonatart- (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date December 31. 2001 (SEAL) Curtis R. Lona Prothonotary, Common Pleas Court of Cumberland County, Pennsylvanja a-- N N s K G Cl a~ a~ ti „'~ ~w c, N J m O ~, 0 ro N .~-r -'"'n ~it ~: ~ ~ ~n ~. me i I--` f+ 0~1 } xa ~o HN ~ ~ ~~ ~ CD Q, w to n ~x vi b b D 1 o -~ co ,., .» ~ S v ~~ -"'n :~ i :b n m :ro w ~. a O W Ut C 7~ H O ro to 0 z c z ~ y o rn r ~• ~ wr a n ~ ~ Nmc 7 ~ rO (~D rNt n x O ~ Z [ C 77 H ~ ~. ro r n °i ~ n ~ ~ • x s ~ N O ~7 z r U1 0+ rt f7 O 1 i CC4 W N F' <D ~" ] ~yQ~y- ~ r~ fr ~- ~ ~ ~ rQb z o ~ ro N N ~ ~ ~t ~ 3 3 r ~ rF ~ N N F+ .P O O By virtue of this writ, on the I caused the within named Dickinson College day of Tanuary 2002 to have possessior. of the premises described rX~K~R'~~I~4R~t'~X 1 6S [.IAC t Hi g,h S r r~e~t, Apartment # 2, Carlisle, PA 17013 Sheriff's Cos ts: ____Advance Costs; 150.00 ~{ Docketing: $ 18.00 Sheriff s Costs: 7 ~r Poundage 1.44 %6~1 C'1_~<- • _ P n hono a y 1 00 ~= Milage 3.45 ~, Possession 30.00 ,,,, jc~ ~--• Surcharge 20.00 ~"`~ ~. So Answ ~~~} Sworn an subscribed to before me this ~/.o~ U ` ' .~ ,' 3y ~~ ~ day of , o2eo2J , -- ~ -- = e ~ i w S i ~1 ~ / r a ` ~ - . By \ Gl.udnn~ ~ ~ ~- l ~- Prothonotary ~ _ - u ~ /~"~ e.h. 3~ a<~~ ~ ~„~ai2G ' fi3dx-.-.'a'a bt ..i%'vi~. .a~xq..~1 v~ .Y="*a lY~g¢~X~"i _._ =.. DICHINSON COLLEGE, plaintiff v. ELLA DECKER and JULIE BARNES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5195 PLAINTIFF'S PRAECIPE TO MARK JUDGMENT SATISFIED To the Prothonotary: Kindly mark the judgment entered in this action SATISFIED. McNEES WALLACE & NURICK LLC By GwCo-~r-- Kimberl M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717)237-5278 Attorneys for Plaintiff Dickinson College Dated: January 31, 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was hand delivered to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kimberly Colonn Dated: January 31, 2002 ~, ~, ~ Ji"J rrc.~ 1 ~ ~~- ~~, max, i- C- ~ --~' `~ <- .-' ~ PMJ _.{ ',.) .t=' -C hV