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HomeMy WebLinkAbout99-05816 .i _o h i J VICKI S. JENKINS, Plaintiff V. TIMOTHY L. YOHE and CHRISTINE YOHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5816 CIVIL TERM NOTICE OF SECOND HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for a second hearing at the offices of Addams & Rundle, 28 South Pitt Street, Carlisle, Pennsylvania, on Friday, December 1, 2000 at 9:00 a.m. If any attorney has an objection or conflict with this date, that attorney shall assume responsibility to reschedule this hearing at a time suitable to all attorneys. William A. Addams, Esquire Dirk Berry, Esquire Susan Confair, Esquire By: William A. Addams, Chairman Board of Arbitrators DATE: November 17, 2000 TO: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Timothy L. Yohe 2831 Booser Avenue Harrisburg, PA 17105 VICKI S. JENKINS, Plaintiff V. TIMOTHY L. YOHE and CHRISTINE YOHE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5816 CIVIL TERM NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, May 10, 2000 at 9:00 a.m. If any attorney has an objection or conflict with this date, that attorney shall assume responsibility to reschedule this hearing at a time suitable to all attorneys. William A. Addams, Esquire Dirk Berry, Esquire Susan Confair, Esquire By: ?i?Let> Willi m A. Addams, Chairman Board of Arbitrators DATE: March 21, 2000 TO: Jordan D. Cunningham, Esquire Cunningham & Chernicofi, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Timothy L. Yohe 2831 Booser Avenue Harrisburg, PA 17105 Court Administrator VICKI S. JENKINS, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5816 TIMOTHY L. YOHE and : Civil CHRISTINE YOHE, Defendants 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 ajudgment 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 VICKI S. JENKINS, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99.5816 TIMOTHY L. YOHE and : Civil CHRISTINE YOHE, Defendants Admitted. 2. Denied. After reasonable investigation, Defendant Christine Yohe is without sufficient knowledge or belief as to the truth of the averment and same is denied. By way of further answer, Defendant Christine Yohe believes that Defendant Timothy Yohe is residing in York County and may be residing with the Plaintiff. 3. Admitted. COUNT I - IN EJECTMENT 4. Defendant, Christine Yohe incorporates her answers to Paragraph 1 through 3 as if more fully set forth herein. 5. Admitted. 6. Denied. After reasonable investigation, Defendant Christine Yohe is without sufficient information to form a belief as to the truth of the averment and same is denied. However, by way of further answer, it is denied that while the Defendants were married, or while they resided together, or while they jointly ran certain businesses with the Plaintiff, Defendant Christine Yohe saw or was advised of any written lease existing between the parties. 7. Denied. It is denied that Timothy Yohe married Christine Yohe on June 20, 1997. The marriage date was June 22, 1997. The remainder of the paragraph is denied since Defendant Christine Yohe is without knowledge sufficient to form a belief as to the truth of the averment that Plaintiff accepted her as tenant. 8. Denied. It is specifically denied that Defendants agreed to abide by the terms of the written lease since Defendant Christine Yohe had no knowledge of the existence of any written lease. 9. Denied. By way of further answer, Defendant Christine Yohe's response to Paragraph 8, is incorporated herein by reference. 10. Admitted. By way of further answer, the violence was effectuated against Defendant Christine Yohe and resulted also in physical violence to the parties' minor daughter, Savannah. 11. Denied. It is denied that Defendants have failed to make the monthly rental payments. The Defendants had made a lump sum rent payment to Plaintiff in the amount of EIGHT THOUSAND DOLLARS ($8,000.00). This pre-paid the rental on the home until January, 2000. Therefore, all rental is currently paid. If the rental had not been paid for August and September, it would have been appropriate for them to receive some notice of delinquency 2 prior to the time that Defendant Timothy Yohe had been excluded for physical abuse on September 15, 1999. No such notice had ever been issued. 12. Denied. By way of further answer, paragraph 1 I is incorporated herein by reference. 13. Denied. It is denied that Defendants have damaged any of Plaintiffs property. Additionally and alternatively, if any property was damaged, it is asserted that same was damaged solely by the acts of Defendant Timothy Yohe. And these actions have resulted during periods of violence against Defendant Christine Yohe. Pursuant to the Protection From Abuse Order entered against Defendant Timothy Yohe, he was directed to pay for any damages. It is further averred that this allegation is irrelevant since Plaintiff has failed to raise a claim for cause of action for damages by her pleading. 14. Denied. By way of further answer, paragraph 8 is incorporated herein by reference. Further, said paragraph is denied as a conclusion of law to which no responsive pleading is due. 15. Admitted in part, Denied in part. It is admitted that Defendant Christine Yohe, has refused to surrender the property to the Plaintiff. It is admitted that she, and her three minor children, continue to reside in the home. It is denied that Defendant Christine Yohe has knowledge of Plaintiffs right of possession. Defendant Christine Yohe asserts that she has right of possession. By way of further answer, Defendant Christine Yohe incorporates by further answer paragraphs 7 though I 1 of her answer as if set forth fully herein. 3 16. Denied. Paragraph 16 is denied as a conclusion of law to which no response is due. 17. Denied. Paragraph 17 is denied as a conclusion of law to which no response is due. It is denied, to the knowledge of Defendant Christine Yohe, that the written lease existed or in any way was applicable to her. It is asserted that her rental payments have been paid in full until January, 2000. WHEREFORE, Defendant, Christine Yohe, requests judgement in her favor for possession. COUNT It - IN ASSUMPSI 18. Defendant Christine Yohe incorporates the averments contained in Paragraphs 1 through 17 of the answer as if set forth herein. 19. Admitted. 20. Admitted in part, denied in part. It is admitted that Defendants have been late sometimes during the tenancy in paying the rent by the first of the month to Plaintiff, Timothy Yohe's mother and business partner. It is admitted that no late fees have been paid. However, it is asserted that at all times relevant hereto, the rental has been paid and is paid in full until January, 2000. 21. Denied. It is denied that the Defendants, during their tenancy, have failed to report to the 4 owner breakage, damage or need for repair. It is specifically asserted that said notice of problems, which problems were specifically caused by Defendant Timothy Yohe, were observed by his mother. It is denied that said notice was specifically required by the lease agreement. It is asserted that to the best of the knowledge of Defendant Christine Yohe, no written lease agreement between the parties existed. The remainder of the paragraph is denied as a conclusion of law to which no responsive pleading is due. Also, it is asserted that no cause of action for damages has been pleaded by the Plaintiff. WHEREFORE, Defendant Christine Yohe demands judgment in her favor. 22. Defendant Christine Yohe incorporates her response as set forth in Paragraphs 1 through 21 as if fully set forth herein. 23. Plaintiff has failed to set forth an abstract of title in her pleading as is required by Rule 1054 of the Pa. Rules of Civil Procedure. 24. Plaintiff has been paid for the rent for the months of August, September, October, November and December by Defendant Timothy Yohe and as a result of other credits and accountings between the parties. 25. Defendants have rightful possession of the property. :Y 5 26. The action between Plaintiff and Defendant Timothy Yohe is collusive and attempted to by- pass Defendant Christine Yohe's right to have exclusive possession of the property for a period of one year as granted by Order of Court in the Protection From Abuse Matter. Defendant Christine Yohe is ready, able and willing to pay the rent of $500 per month when same becomes due again in January, 2000. 27. Plaintiff is estopped to seek possession. 28. Plaintiff is barred by laches. WHEREFORE, Defendant, Christine Yohe, requests judgement in her favor. Respectfully submitted, Dated: November 19, 1999 Barbara Sumple-Sulliva Esn 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Christine Yohe 6 VICKI S. JENKINS, V. IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY L. YOHE and CHRISTINE YOHE, Defendants NO. 99-5816 Civil YERIFICATION I, CHRISTINE YORE, hereby certify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: // / 9 Christine Yohe VICKI S. JENKINS, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5816 TIMOTHY L. YOHE and ; Civil CHRISTINE YOHE, Defendants CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer and New Matter, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Mr. Timothy L. Yohe 2831 Booser Avenue Harrisburg, PA DATED: November 19, 1999 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Christine Yohe u7 ? a Q CY) m z J 7 N W J a f N a m m S Q Q J N z w M 0 5 w w m s u u 3 w z VICKI S. JENKINS, Plaintiff V. TIMOTHY L. YOHE and CHRISTINE YORE, Defendants RULE 1312-1, The Petition for Appointment of arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Terra=? ?.. ti_ counsel for the plaintiff/4i XX*sESF in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 9,095 plus additional The counterclaim of the defendant in the action is accrued rent and --late cTes. The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Barbara Su Rle-Sullivan IN THE COURT OF COt01ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-5816 CIVIL 19 99 CIVIL ACTION - LAW WHEREFORE, your petitioner prays your Honorable Co t tq appo three (3) arbitrators to whom the case shall be submitte / Date:_ February 8 2000 Rep X ecto,W submitted, , P. C. ORDER OF COURT - """?"y"am, csqult3 AND NOW, ?I lA?, n consideration of the foregoing petition??x ?C?Fl ??iv?r? Esq., Esq., and _ J 2a Ai J ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. r VICKI S. JENKINS Plaintiff V. TIMOTHY L. YOHE and CHRISTINE YOHE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5816 (CIVIL) CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Petition for Appointment of Arbitrators in the above captioned matter, by placing the same in the United States mail, posge prepaid, in Harrisburg, Pennsylvania, on February t 2000, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (Attorney for Defendant, Christine Yohe) Timothy L. Yohe 2831 Booser Avenue Harrisburg, PA Respegtfyilly Abmitted, CHERNICOFF, P.C. Date: February Y, 2000 ,Ubr(yW D. Cunningham, Esqu I.D. #23144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) I VICKI S. JENKINS Plaintiff v. TIMOTHY L. YOHE and CHRISTINE YOHE, Defendants TO DEFENDANTS NAMED HEREIN: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5816 (CIVIL) CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, i ' CUNNINGH?"&- ERNICOFF, P.C. Date:-// By/ ?- ? d5. Cunningham, Esquire %Z.D. #23144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiffs) 2 VICKI S. JENKINS Plaintiff V. TIMOTHY L. YOHE and CHRISTINE YOHE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5816 (CIVIL) CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Vicki S. Jenkins, by and through her attorneys, Cunningham & Chernicoff, P.C., and files this Complaint in Ejectment and Assumpsit, and in support thereof represent as follows: 1. Plaintiff, Vicki S. Jenkins, is an adult individual who resides at 126 Spring Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant, Timothy L. Yohe, is an adult individual who resides at 2831 Booser Avenue, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant, Christine Yohe, is an adult individual who resides at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. COUNT I - IN EJECTMENT 4. Plaintiff incorporates the averments of Paragraphs 1 through 3 of the Complaint as if more fully set forth herein. 5. At all times material to Plaintiff's cause of action, the Plaintiff, Vicki S. Jenkins, has been the owner of a tract of land and the building thereon known and numbered as 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. On or about November 1, 1996, Defendant, Timothy L. Yohe, executed a Lease Agreement by the terms of which Defendant leased from the Plaintiff the premises known and numbered as 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, for an initial term of one (1) year beginning November 1, 1996 and ending October 30, 1997, at the monthly rental of Five Hundred and 00/100 Dollars ($500.00). After the first year, the term of the lease became month to month. A true and correct copy of the Lease Agreement is F?3 attached hereto, made a part hereof, is incorporated herein by ? reference, and is marked Exhibit "P-111. 2 7. Defendant, Timothy L. Yohe, married Defendant, Christine Yohe, on June 20, 1997 and Plaintiff accepted Defendant, Christine Yohe, as a tenant from the date of the Defendants' marriage to the present. 8. The Defendants agreed to abide by the terms set forth in the Lease Agreement which specifically states in Paragraph 2 of the Lease that rent is due and owing on the first (1st) day of each month and if rent is not paid by the fifth (5th) day of each month, a charge of Fifteen and 00/100 Dollars ($15.00) was agreed to be paid by the Defendants. 9. Defendants agreed to abide to Paragraph 21 of the Lease Agreement which specifically provided that the tenant shall refrain from and cause tenants household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises of project. 10. On or about September 15, 1999, Defendant, Timothy L. Yohe, was evicted from the premises pursuant to the Protection from Abuse Act. The order of eviction was made permanent pursuant to an Order of Court dated October 9, 1999 3 evicting Defendant, Timothy L. Yohe, from the apartment for a period of one (1) year. 11. Defendants have failed to timely pay rent by the first (1st) day of the month for the months of August, September, October, and November, 1999. 12. Defendants have failed to pay rent by the first (1st) day of the month for the months of August, September, October and November, 1999. 13. Throughout their tenancy, the Defendants have, through their failure to exercise ordinary care, caused damage to the apartment unit. 14. Pursuant to the terms set forth in the Lease Agreement, Defendants waived their rights to receive a Notice to Quit under the Pennsylvania Landlord and Tenant Act, and was given notice that if rent was not received by the Plaintiff within ten (10) days of the date it was due, Plaintiff was entitled to possession of the premises. 4 15. Defendant, Christine Yohe, although she has had knowledge of Plaintiffs right to possession, has refused to surrender the premises known and numbered 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, to the Plaintiff and continues to remain in possession of said premises. 16. Defendants failure to remove herself as directed and her failure to pay rent as due and owing are acts of material non-compliance under the terms and conditions of the Lease Agreement and represents a breach of the Lease Agreement justifying the forfeiture thereof. 17. By virtue of the breach of the covenants of the Lease Agreement referred to in Paragraphs 9, 10 and 11 above, and her failure to either pay rent or pay rent in a timely manner as set forth above, the Plaintiff is entitled to the possession of the premises known and numbered as 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against the Defendants in ejectment for possession of the above described premises. 5 COUNT II - IN ASSUMPSIT 18. Plaintiff incorporates the averments of Paragraphs 1 through 15 of the Complaint as if more fully set forth herein. 19. Defendant's monthly rent for the premises located at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 is Five Hundred and 00/100 Dollars ($500.00) per month, due by the first (1st) day of each month. 20. The Defendants, during their tenancy, have failed to pay monthly rental payments of Five Hundred and 00/100 Dollars ($500.00) per month and has also failed to pay the late charges of Fifteen and 00/100 Dollars ($15.00) per month assessed pursuant to the terms of the Lease Agreement for the months in which rent was not timely paid. 21. The Defendants, during their tenancy, have failed to report to the owner any breakage, damage, or need for repairs to the premises or equipment therein, which act represents a substantial violation of the Lease Agreement and represent material non-compliance with the terms and conditions of the 6 Lease Agreement as that term is defined in Paragraph 21 of the Lease Agreement. WHEREFORE, Plaintiff demands entry of judgment in favor of the Plaintiff and against the Defendants in the amount of Two Thousand Five Hundred Thirty Five and 00/100 Dollars ($2,535.00), and any further rent and late fees incurred and unpaid from the filing of this Complaint to the conclusion of this litigation, together with costs and interest. Respectfully submitted, Date: November 3. 1999 bl\docs\complain\Jenkins. yoh 7 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) I, VICKI S. JENKINS, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904, relating to unsworn falsification to authorities. VICKI S. JEN S Date:Lll/?h C?J zu ??y? LEASE AGREEMENT THIS AGREEMENT OF LEASE made the 1 st day of November1996 between Vicki Jenkins, Landlord, and Timothy Yohe, Tenant, as follows: 1) TERM: Landlord leases to Tenant, house located at 4709 Delbrook Rd., Camp Hill, PA on a month-to- month basis beginning November 1, 1996. Unless terminated as indicated below, the month-to-month basis shall be self-renewing. 2) RENT: Tenant agrees to pay to Landlord rent of $500 (Five Hundred Dollars) per month, payable in advance starting and continuing so long as this Lease shall be enforce. Tenant agrees to pay a 515 late charge if full amount of rent is not received or postmarked within 5 days of the due date of the I st of each month. Rent should be sent to: Vicki Jenkins 126 Spring Rd. Dilbburg, PA 17019 A charge of $25 will be made for any check returned for nonpayment. Rent for the period covered by insufficient funds check will be subject to both late fee and bank charge. ANNIVERSARY DATE: Upon the anniversary date of this Lease, November 1, 1997, rent will be increased to 5510 per month. This increased rent will be in effect for a period of one year. All other provisions of this Lease will remain the same. 3) Tenant agrees to utilize premises for single family residential use only. 4) SUBLEASING: Tenant agrees not to sublet premises nor assign this Lease Agreement without the express consent of the Landlord. Should Tenant, in violation of this Agreement, sublease premises without Landlord's consent, any money collected as rent shall be held in trust for the benefit of Landlord, and, upon demand, shall be paid to Landlord. 5) TERMINATION: Thirty days written notice is required for termination of this lease by tenant. If thirty days notice is not give, the result will be forfeiture of the security deposit. 6) UTILITIES: Tenant is responsible for all utilities including but not limited to water as provided by PA American Water and sewer/trash provided by Hampton Township. The bills will be forwarded by landlord to tenant. All bills are to be paid promptly. 7) NOTICE: All notices required hereunder and by the law of Pennsylvania may be given by certified mail, return receipt requested, or by personal service upon Tenant or Landlord, as the case may be, or, with respect to notices to be delivered to Tenant by Landlord, leaving such notices at a conspicuous place on the leased premises. 8) INSURANCE AND FIRE: It is agreed by Landlord and Tenant that in case the leased premises shall be partially damaged by fire„ Landlord shall repair premises as quickly as possible at Landlord's expense. In the event, however, that damage shall be so extensive as to render leased premises uninhabitable, rent shall cease and Lease shall be immediately terminated. In the case of total destruction of leased premises by fire or other casualty, rent shall be paid up to time of such destruction, and Lease shall be immediately terminated. Tenant understands the Landlord caries fire insurance on the premises only, and no personal property of Tenant is covered under such policy. It is recommended that Tenant purchase insurance to protect Tenant's personal belongings in case of damage from any cause. 9) LIABILITY: Landlord shall not be liable to Tenant or visitors for any harm or injuries to Tenant or visitors and Tenant specifically agrees to hold Landlord harmless for any injuries suffered by tenant or visitors or any person caused by defects in the premises or by any means that were visible or known of by Tenant and not immediately reported to Landlord in writing. Tenant agrees to be financially responsible for any damage to leased premises caused by self and/or visitors. 10) VEHICLES: All vehicles are to be parked in accordance with local parking laws and must have a current inspection and license. 11) PETS: None permitted without consent of Landlord. 12) Tenant shall not use premises for any unwholesome, noisy, or immoral purpose. Any activity for which Landlord receives a complaint from neighbors/nearby residents or police which continues after written notice to stop such practice shall cause Tenant to be in default of this Agreement and the Lease shall be terminated. There is to be no loud noises or playing of loud music after 10 p.m. 13) Tenant shall not violate any law,'regulation/ordinance in use of premises. 14) Failure of Landlord to insist upon strict performance of the terms of the Agreement shall not be considered as a waiver. 15) Tenant shall not alter or modify premises or install any item that is affixed to real estate without Landlord's consent. Any modification to the structure or the affixing of any item to the premises shall be deemed a fixture and become property of Landlord. 16) Tenant shall keep premises in clean and sanitary condition and shall remove all refuse, which may accumulate upon premises during term of the Lease. Tenant is wholly responsible for seeing that trash/litter is deposited in a closed receptacle and placed for collection at the proper time. At all times, litter is to be kept picked up. Tenant agrees to permit Landlord to display a "for rent" or "for sale" sign upon premises, and to permit entry to premises by Landlord or her agents at any reasonable time for the purpose of making repairs, inspection, or showing of premises to prospective purchasers/tenants. 17) PLUMBING: Any plumbing problems caused by any article being dropped into the commode or sink shall be the responsibility of Tenant. 18) NONPAYMENT OF RENT: Upon failure of Tenant to pay installments of rent as due, keep all promises of the Lease, or remove from the premises at the termination of Lease, then Landlord may at her option, declare the Lease terminated and any attorney may immediately thereafter as attorney for Landlord, sign an agreement entering into possession in any competent court as an amicable action and judgment in ejectment (without any stay of execution or appeal) against Tenant, and all persons claiming under Tenant for recover by Landlord of possession of premises and for all affearages of rent without any liability on the part of said attorney for which this shall be sufficient warrant, and thereupon a writ of possession, with a clause of execution for such arrearages of rent, if any6, may be issued immediately without any prior writ or proceeding whatsoever, and Tenant hereby, releases to Landlord all errors and defects whatsoever in entering such action orjudgment, or causing such write of possession to be issued, or in any proceeding thereon or concerning the same. No such termination of Lease, or taking possession of premises, shall deprive Landlord of any action against Tenant for possession, for rent, or for damages, nor shall any suit for rent or damages prevent Landlord from proceeding to recover possession on a breach of any of the terms of condition of the Lease Agreement. 19) TENANT'S WAIVER OF RIGHTS-see attached waiver. 20) INVENTORY: The following personal property is inventoried as property of Landlord: stove, dishwasher, refrigerator, washer/dryer. 21) Tenant understands that by signing this Lease that in event of failure to pay rent when due, tenant agrees that Landlord may enter judgment against Tenant for rent due and for possession of property without any notice to tenant, without a trial or hearing, and without filing a suit. Landlord may then remove Tenant from property and seize Tenant's personal property to recover rent arrearages. In the event that judgment is entered against Tenant, Tenant has a right to file a petition with the court alleging a defense and asking that judgment be opened and that the case to trial. This Agreement shall be binding upon the heirs, executor, administrators, successors and assigns of the parties. 17 s NT- mo o to LANDLORD ICKI JENKINS Hom ' 717) 432-9455 Office-(717) 238-2500 (day) WARNING: THIS IS A WAIVER OF IMPORTANT RIGHTS! PLEASE READ IT SLOWLY AND CAREFULLY AND ASK ABOUT ANYTHING YOU DO NOT UNDERSTAND- TE'NANT'S WAIVER OF RIGHTS THE FOLLOWING CLAUSE NO. O6 CONTAINS A WAIVER OF IMPORTANT RIGHTS TO WHICH THE TENANT IS OTHERWISE ENTITLED BY LAW. IF YOU FAIL TO PAY ANY RENT WHEN IT IS DUE OR OTHERWISE BREAK ANY OF YOUR PROMISES UNDER THIS LEASE, THE LANDLORD WILL BE ABLE TO AUTOMATICALLY GET A COURT TO DECIDE THAT YOU MUST IMMEDIATELY PAY ALL OF THE UNPAID FUTURE RENT THROUGHOUT THE ENTIRE TERM OF THE LEASE. THE LANDLORD WILL ALSO BE ABLE TO GET A COURT TO DECIDE THAT YOU MUST IMMEDIATELY GIVE UP THE APARTMENT/HOUSE. IN BOTH CASES YOU WILL NOT GET ANY NOTICE OR RIQHT TO CHALLENGE CHARGES AGAINST YOU UNTIL THE COURT'S JUDGMENTS ARE FILED AND RECORDED AGAINST YOU. WITHOUT THIS WAIVER, YOU WOULD HAVE THE RIGHT TO CHALLENGE THESE DECISIONS BEFORE THEY ARE FILED AND RECORDED. ( ) The Tenant agrees that if the rent due under this lease is not paid within ten (10) days after the day it was due, the Landlord will be entitled to enter judgments by confession against the Tenant for money, damages, ejectment and possession and without notice under the Pennsylvania Rules of Civil Procedure No.s 2950 et. seq. For this purmose, the Tenant today gives authority to (1) the Landlord, (2) any Prothonotary or Clerk of Court and/or (3) any Attorney authorized to practice law in this State to appear for the Tenant and confess judgment against the Tenant and/or to begin a lawsuit against the Tenant for the recovery of all rent due under the Lease (including all rent future due to the end of the Lease term) plus interest, costs and an attorney's fee cf five percent (5X) of the total amount due. The Tenant also agrees that if this Lease is ended, either because the term has expired or because the Tenant has broken any promise or condition, then (1) the Landlord, (2) any Prothonotary or Clerk of Court or (3) any Attorney authorized to practice law in this State, shall also have the authority to get a judgment for possession and in ejectment against Tenant for possession of the leased premises. The Tenant also agrees that the authority he has given in this clause can be exercised sash and evo,.v :me he fails to pay rent or breaks a promise or condition under the lease. Landlord's rights hereunder are in addition to, and may be exercised with any other right or remedies Landlord may have by agreement, by law, or equity. A true and correct copy of this clause and the Lease shall be sufficient evidence to prove the authority given by the Tenant. I UNDERSTAND THAT WHEN I SIGN THIS DOCLR.JENiT I AM GIVING OP RIGHT TO HAVE PRIOR NOTICE OF A JUDGMa HRiING RECORDED AGAINST HE AND I`AM GIVING UP HY RIGHT TO A HEARING BEFORE THE LANDLORD GETS A JUDGUENT AGAINST NEE. I UNDERSTAND THAT IF THE LANDLORD GETS A JUDGE(ENT AGAINST NE, HE CAN SHL.i. SOrtu OF HY PROPRRry IF I DO NOT PAY THE AMOUNT OF THE JUDGNRNT AND/OR RIS CAN EVICT NE FROM t1Y A_ P?R'I'MTQri' W?OpT n HF.nurN?r I UNDERSTAND =AT BY SIGNING THE LEASH AND THIS WAIVER I AM GIVING UP LEGAL RIGHTS I OTHERWISE HAVE. I HAVE READ THIS WAIVER AND UNDERSTAND IT_ date TENANT SIGNATURE d TENANT NAME PRINTED WITNESS } [f - li 1. .._ C7 ? a ? a ° c ?¢ 2yr W O N xzz aabb Ua I N =2M C 2 N Q U = T a 0 J U O O 'J 9 C tl U O 9 O O L J O ? u vi p t 9 -' u v u iO u .? .O T ` O y d N t t o v p ? VICKI S. JENKINS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 5816 (CIVIL) TIMOTHY L. YORE and CHRISTINE YORE, CIVIL ACTION - LAW Defendants REPLY TO NEW MATTER 22. The Plaintiff, Vicki Jenkins, incorporates the averments set forth in Paragraphs 1 through 21 of the Complaint as more fully set forth herein. 23. Plaintiff is the legal title owner to the property set forth in Paragraph 3 of the Complaint. The Defendant has admitted Plaintiff fIs legal ownership of the property in Paragraph 3 of the Answer. If it is determined that an abstract of the title should have been attached to the Complaint, the Plaintiff derived ownership of the property from James Placquadio by Warranty Deed on November 24, 1986, Il: ,li recorded in the Cumberland County Recorder of Deeds Office is Deed Book I-32, Page 832. 24. The averments of Paragraph 24 are denied. To thee *rs6as contrary, rent for the months of August, September, October, November and December were never paid by Defendant, Timothy L. Yohe, nor was payment for those months ever received as a result of any other credit or accounting between the parties. 25. The averment of Paragraph 25 is denied. By way of further pleading, the averment of Paragraph 25 represents a conclusion of law to which a response is not required. 26. The averments of Paragraph 26 are denied. Plaintiff had filed the underlying action against the Defendants prior to Defendant, Christine Yohe, having gained exclusive possession of the property by Order of the Court in a Protection from Abuse matter. Plaintiff is simply attempting to terminate the Lease, based upon nonpayment of the Lease and based upon her right to regain her real property. The fact that the Defendant, Christine Yohe, is ready willing and able to pay rent, beginning January, 2000 is irrelevant as the Plaintiff has a right to retake possession of her property pursuanc to the Pennsylvania Landlord and Tenant Act. 27. The averments of Paragraph 27 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response is required, the averments are specifically denied. 2 28. The averments of Paragraph 28 are denied. The averment of Paragraph 28 represents a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response is required, the averments are specifically denied. WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against the Defendants as set forth in the Complaint. Re submitted, P. C. Dater 2a-' I.D. 23144 232 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 3 VERIFICATION I, Vicki S. Jenkins, verify that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Vicki S. JeO ins Date: D5 ?? 000 VICKI S. JENKINS Plaintiff v. TIMOTHY L. YORE and CHRISTINE YOHE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5816 (CIVIL) CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Reply to New Matter in the above captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, on January 7, 2000, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (Attorney for Defendant, Christine Yohe) Timothy L. Yohe 2831 Booser Avenue Harrisburg, PA Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C Date:Januarv 7, 2000 By:?? 1-4e-tC'? 8 anche A. Morrison, Secretary to Jordan D. Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) O m 'r Mom O U U ? a n L F Q O W - Uw z_ N I Wa SNP P = Z Q z C4 ZN¢ 2 Q ? Q U z T G O U J J O U 9 C h .1 U O a U o .Y N_ 0 t 9 -. U A V N U C a T U O J ? J C .. Q COMMONWI, A Ltt1 Of PENNSVLV AN IA ---? COURt Of COMMON PLEAS (?`'+'.BERLANO COUNTY 7l7lt ICIAL DISTRICT PENNSYLVANIA NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No_ J Q NOTICE OF APPEAL Nnuco is grvnn that Ihn alwellant has fled in the above Court of Common Pleas an appeal horn the judgment rendered by the District Justice no the date and m the rase mentioned below. _ YICKI.JENKINS _ .,Thomas A. Place D. N126 Spring Road, Dillsburg, PA 17019 .9/14/99._ ___. CV 19 s.uwt. I LT 19 By fhn Murk will be signed ONLY when this notation is required )der a. R C 1'.) P No 10090. [his Nonce ul Appeal, when received by the District Justice, wdl nprvan, as a SWIL NSGDEAS to the judgment for possession in rhis cesr.. _S,ynelnm e l Pmthonor,u yur Oepu•y ---- Tim y he and Christine Yohe , P.C. If appellant was Claimant (see Pa. R.C.P.J.P. Na. 100116) in action before District Justice, Ire MUST FILE A COMPLAIN'! within twenty 1201 clays after tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Phis sectlon of form to he used ONLY when appellant was DEFENDANT (sre Pa. R.C.P.J.P. No. 1001(7) in artion before District Justice. If NO r USED, cletech train copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No RULE: To Nam' of appelicelsJ appelleefs) (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 UPON PRAECIPE. (3) The date of service of :his rule if service was-by mail is the date of mailing. Date: .19 ,S,gnature of Prothonotary or Deputy White ---- Prothonotary Copy Green --- Court File Copy Yellow --- Appellant's Copy Pink --- -- Appellee Copy Gold -- ---- D. J. Copy Noma or ann'neel;! appellee(s), to file a complaint in this appeal 1 vvrthrn twenty (20) days after service of rule or suffer entry of judgment of non pros. S,gnatm' of anpellant or his attorney or agent . I ' n O r N C1 N W Q+ cr% :J rocL U J ILI J bl- salldxa uolsslwwoo AW 1ePWa 10 ap!l ..prw Sem ureprge umym aioraq leropio to amleupS lueple jo arnleu5,S T ? ) foil w'1 V -61 --61 ' AO A.VO SIHl in 3HOj38 03F)IHOSBl1S (INV (03WHIH3V) NHOMS 'malaq pagoellP IdImi S.Jlpuas 'pew (palalsl6al) (papniao) Aq EJ aoinlas leunslad Ail ? '--61' -----uo possaippe sera alnH aqi wogM 01 (spolladde 941 uodn leaddV In aonON aaoge aql WiAUedwOaae u13aldu100 a ali j m alnH 0q1 panlas I imp iaglm+ pue ? 'waJag pagoelle ldlaoal s,lapuas'pew (p;ualsl6ai) (pagnla0) Aq I J aDIAAls leuosvad Aq ? 61 ' uo' 1111 uodn pua'olalag pagoeue ldlam s,n. puas'pew (paialsl601) (palpljao) Ail ? 111AIM leuos.,ad Ail ? '--61 /a,?was/o a1eY1 uo ulajocp paleu6lsap aopvl(• lnuls,4 alp uodn '- ON seald uOUnuoD 'leaddV 0 03IMN eqi 1o Adoo e pan,ns Irgl Uu1lle in leamS A lalog I :lIAVOIddV ss t i0 AlNno3 VINVAIASNN3d 30 HIIV3MNOWWO3 (sexoq elgegpdde Hogga 7eedde /o aopou e141 6u1111 H31JV SAVO (01) N31 NIH11M 0371-1301S/1W ealnies /o /ooid slgl) 1NIVIdW00 31sd 01 31nu ONV IV3ddV d0 3011ON d0 301AH3S JO 3008d ------- ----- COMMONWEALTH OF PENNSYLVANIA l,uuly 1 Y UI-; N'?+?Gn++A+JVL Mao Dsl No: 09-3-04 DJNa,,,. Hon. THOMAS A. PLACEY Atlmoaa: 104 S. SPORTING HILL RD. MECHANICSBURG, PA Tmnph.n, (717) 761-8230 17055 THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) YOHE, CHRISTINE Judgment was entered against . JENKINS, VICKI In a ® Landlord/Tenant action in the amount of $ . 00 on 9/14/99 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 500.00. The total amount of the Security Deposit is $ .00. Total Amount Established by DJ Less Security Deposit Applied = Adjudicated Amount Rent in Arrears $ . 00 - $ .00 = $ .00 Physical Damages Leasehold Property $ .00-s .00 = $ .00 Damages/Unjust Detention $ -00-$ .00 = $ Do Less Amt Due Defendant from Cross Complaint - $ . QD El Attachment Prohibited/ Victim of Abuse (Act 5, 1996) Interest (if provided by lease) $ .00 UT Judgment Amount $ _on This case dismissed without prejudice. Judgment Costs $ _nn Attorney Fees $ -00 ? Possession granted. Total Judgment $ .00 El Possession granted if money judgment is not satisfied by time of eviction. ® Possession not granted. Vi A f/ `. ? ' I' . )! ) F? Defendants are jointly and severally liable. Levy is stayed for days or El generally stayed. Objection to Levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND, AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE QFI1APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. I RDER TO U,eTPYIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENTXTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH tHE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTI E OF JUDGMENT/TRANSCRIPT FORM WITH YOUP NOTICE OF APPEAL. t' I Date I , . DisUict Justice NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAMEAACADDRESS _ FUENKINS, VICKI 126 SPRING RD. DILLSBURG, PA 17019 L _ VS. DEFENDANT: NAMEaM ADDRESS _ rYOHE, TIMOTHY L, ET AL. 4709 DELBROOK RD. MECHANICSBURG, PA 17055 L Docket No.: LT-0000337-99 Date Filed: 9/07/99 t' 1 Date District My commission expires first Monday of January, 004 • SEAL An nawA.GO --COMMONWEALTH OF PENNSYLVANIA nnl II ITV nG- 09.3-04 W flaineHon. THOMAS A. PLACEY Add'a"' 104 S. SPORTING HILL RD. MECHANICSBURG, PA TomDAona (717) 761-8230 17055 THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS - FJENKINS, VICKI 126 SPRING RD. DILLSBURG, PA 17019 L _I VS. DEFENDANT: NAME and ADnnESS _ rYOHE, TIMOTHY L, ET AL. 4709 DELBROOK RD. MECHANICSBURG, PA 17055 L _I DocketNo.: LT-0000337-99 Date Filed: 9107199 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) JENKINS, VICKI Judgment was entered against YORE, TIMOTHY L in a ® Landlord/Tenant action in the amount of $ 1, 579.50 on 9/14/99 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ _ 500 The total amount of the Security Deposit is $ .00. Total Amount Established by DJ Less Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 1.000.00-$ .00 = $ 1.000.00 Physical Damages Leasehold Properly $ 475.00 -$ .00 = $ 475.00 Damages/Unjust Detention $ .00 -$ .00 = $ _no Less Amt Due Defendant from Cross Complaint - $ .00 ? Attachment Prohibited/ Interest (if provided by lease) $ .00 Victim of Abuse (Act 5, 1996) L/T Judgment Amount $_ 1 , 475 _ nn This case dismissed without prejudice. Judgment Costs $ 104.50 Attorney Fees $ _oo ? Possession granted. Total Judgment $ 1,579.50 D Possession granted if money judgment is not satisfied by time of eviction. ® Possession not granted I f .<1 (I .1. rI; L D Defendants are jointly and severally liable. Levy is stayed for_ days or Fj generally stayed. Objection to Levy teas been filed and hearing will be held: ?,,,uunln,,, tCl"1 J ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AkD'APFECTINO THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 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: IN ORDER TO OBTAINA SUPERSEDERS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. ' IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICF OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE/ OF APPEAL. 1 1' ( Date District Justice certr y Mai MIS Is a true an correct copy o the recgr o the procee rags containing the judgment I I 1 Date My commission expires first Monday of January, 2064 AO D]1RA." t, District SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of Service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONIVEALTAOF PENNSYLVANIA COUNTY OF 4LLO/ ,rl ss AFFIDAVIT: I hereby swear or a l l i t ni that Ism veil a copy of the NoLL,e of Ap eal, Common Pleas N (74 -S-? upon the District Justice designated therein on /date of service/ 8 pe -Iy--j It pinsmalser i e ?.--hy?'1•,-.,rlifiedl listeredjy. in, l server's rece t attached herein, ang (/1ron the appellee, Grar1)VT", /yyOhG _4 19 1F-? by pri snnal service U by certif d) (le9isteoed)) it, sender's recet pt Cached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed ? by pt.rsonal service by (certified) (registered) mail, sender's receipt attached hereto. SWORN F IRMED) AND 1BSG$IBED BEFORE E THIS JL' ( f ` 1 ? DAY OF 19 -• / / si/jnnmr ul al/ianr gna a//icial before whom a/I•dav/l was nu ? Tirle of //icial Blanche A, Ornson, Notary Public My commission exp remp He bO. Daupphin Country, nPlrarN ov-8. ZO L em I. annsy van a soela ton o a a es C iO Vl n J. 'r. i- U?( Li i1 NJ -rt -i sD A COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS _-, CUMBLRLAND CJLNi'y JUDICIAL DISTRICT 4 PLNNSYL'VAPiIA NOTICE OF APPEAL Notice is given that the appellant has file.'] in the ;Ib,vC Caul of Common Pleas an appeal hone the ludgniem rendered by the District Justice on the date and in the case mentioned below. VIct-a JI r7KiC:S 109-3-Ur, ............... -- --------------- ^Thouryn?^-A. P1.acey, U.. ,?12G f print' rose(, :;.Ltilsrcc;: , YA " 17o19 ??• 9/14/99 ( VickiJcnkins Cv 19 LT 19 0000-337-9' _ _ Jy rr This block will be signed ONLY when this notation is required ender Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will upe"Ite as a SUPERSEDEAS to the judgment for possession in this Ct.su. Srynalmc of Prollmmm?ry or Nanre of appelleets) PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to he used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001171 in action before District.lustice. IF NOT USED, detach from copy of notice of appeal to he served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na_ Sgnarure of appe//ant or his atrorncy ur a-yen r RULE: To J'auuQllcel;l Name of appellev(si - (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. Y\ (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of :his rule if service was by mail is the date of mailing. Date: 19 Sgnalure of Prothonotary or Deputy White---- Prothonotary Copy Green --- - Court File Copy Yellow--- Appellant's Copy Pink ------ Appellee Copy Gold ------ D. J. Copy Tiul the nn3 Cht'ist.ineYMo: e R,lICoFF, P.C. If appellant was Claimant (see Pa. R.C.P.J.P, NO. 1001(6) M action before District Justice, he MUST FILE A COMPLAINT within twenty (20) (lays after Iding Iris NOTICE of APPEAL. apPellee(s), to file a complaint in this appeal -) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 6 P 081 030 835 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. NO. 99 - 5816 P 081 030 834 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided i Spatial Delivery fee etlrcted 0-11,01 Fee .111 N fletum Recapt Snowing ?o TOTAL POSlegaB Fees Patanadt or Date a Sit • aa? iq?s Z 568 367 851 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. 00401 use for International Mail (See re Postage $ Cenilicd Fee rvory Fep N R t el Delivery Fee m Relum Receipt Showing to 10 0 TOTAL Postage h Fees Postmark or Date E a Postage Is Spacial Delivery Fee Restdded Delvery Fee ? roiAL postage 8 Foes E Posvnatk or Oate a Sept 2-2? c??5 <_ lJ , Fill V. j .. -1 __ PJ Cl) J ? i C_ , (-(of€. ? : Z7: _ N T `vim GCi ..O -.{ o ? 5 w b CD PROOF OF SERVICE OF NOTICE'OFaAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTF OFF ,PENNSYLVANIA COUNTY OF QurU/i / n ; ss AFFIDAVIT: I hereby swear m affirm that I served 01-a "copy of the No a of Appeal, Common Pleas No! ' M-/L upon the District Justice designated therein on (date of service)- « ' 19 by pnrson'I service ` i certifiedLr(?s897tefedl•th • I fhl ail, sender's rde • t attach61ed hereto, and upon the appellee, /name/ V • oft T 2 19?? by personal service by (c.rtified) Iregisteredi'mail, send is receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(sl to whom the Rule was, addressed on__ , 19__, ? by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN LFFIRDMED) AfyHSU1SCRIBED BEFO%'VE ? THI AYOFJ T c ,191-1 t:.7_(?rn if Sistnatu of affianr iDnot n or official before whom alwavit wus amer Title of official na a r • : r 04,Pq A. Morrison, Naasy Public r1b Is or My commission expires on if or, MINE"., ????? s i ov8.2001 ? Wnear. ,nsyvanra s0 Ono 1 w 1L ,L i r.e,y ? :. .....-.w+apty •v.. sr• . w....- .r?.?,.,. Irv- . v .-.-..o- .tn ...-., .....n...?...q. COMMONWEALTH OF PENNSYLVANIA OTICE OF APPEAL COURT OF COMMON PLEAS CUMBERLAND COUNTY FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT PENNSYLVANIA (s?? 9/etf/9? 49 . C?d ,L r- COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal hom the judgment rendered by the District Justice on the date and in the case mentioned below, o,.,.ne..n .,.,.,.b09-3-04 VICKI JEP7KINS Thomas A. Placey, D.. 326.Spring Road, DilYlsburg, PA 17019 9/14/99 J Vicki Jenkins _ e l7Tiy 11111.1-111 he and ChristineY#ohe CV 19•- - LT19 0000-337-99 By. This block will be signed ONLY when this notation is required coder Pa. R.C.P.J.P. No. 10088. 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 prothonptnry or Deputy ECIPE- TER RULE TO FILE C(?M (This section of tam u YpptY?4 as l[?{yQ(11?Tties IF NOT USED, detach fro copy of norPeal to?ser n appellee). PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Compton Pleas No. _ ) ....thin twenty (20) days after service of rule or suffer entry of judgment of non pros. at a appe// t or hit inter y rrr RULE: To ,'ap?eelsl Name of appal/ee(sl .. (1) You are notified that a rule is hereby entered upon you to. tile 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 NN PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of :his rule if service was by mail is the date of mailing. Date: 19 Sgnature of Prothonotary or Deputy White---- Prothonotary Copy Green ----Court File Copy Yellow... Appellant's Copy Pink ---- Appellee Copy Gold ------ D. J. Copy RNICOFF, P.C. If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before 'Distri'??1t\t`t Jusilce,'h'e" MUST FILE A COMPLTAIN ,?rtpt?yrenty 1201 days after filing his NOTICE of APPEAL. I'LAINT AN9„RL1Ep4A FILE -"4- Pa. R.C.P.J.P. No. 1001(7) in action before District.lustice. 1 i? t% jg5Z P 081 030 635 P 081 030 834 US Postal Servke NO. 99 - 5 816 US Postal Ser ic. Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided, No Insurance CovWage Do not use for Inlematlalal mil rcea n.. __..._ _ , Provided ? ? S l Poeppe S Fee e Reetdded Dd?yf, Fee Reem Peoegt M Fee PA hm", Del Oft g W ShaKp wn e, ROW wYpm Dale ' a t 8 TOTAL POM bW *en 0 pee Faee $ a 1 mom° m a € ?Dt • aa? ?4YS a a? a? c4?5 Z 568 367 891 US Postal Service Receipt for Certified Mail No Insurance Coverage Pmvlded . 00 t use for Intematlonal Mail Sso reverse J?7x 0h v n_: o ?? - C- '-? e,AZIPCoda , - Postage $ "r - - . ?r. Cerafied Fee ? Spedai Delh" Fee P maw Odrory Fee TOTAL Postage 8 Fees a E POStmaec or Date MI ld(easy WO(BFJJpsBWOQ auoBCe-sszo ",'? v7 J 4881,`Jegwaoea : 419£ uuod Sd---. (jn X- (Pled 6l ey pue mals:e-E Pelaen6eJ 11 ANO) 66e,PPV c,eeaee, .s •. ..? 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L CJ h' F-- f_ fiJ G: m C J -N "1 VICKI S. JENKINS, Plaintiff ) ) v. ) i TIMOTHY L. YOHE and ) CHRISTINE YOHE. Defendants OATH In The Court of Common Pleas of Cumberland County, °ennsylvania .10,5816 CIVIL 1999 We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our offi5e with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) In favor of the Defendant. applicable.) Arbitrator, dissents. Date of Rearing: 5/10 and 12/1/2000 Date of Award: 12/1/2000 (Insert name if NOTICE OF ENTRY OF AWARD Now, the L?' day of 1L&u,,, jL,_ W Savo, at : 1s , 0.:1. , the above award was entered upon the docket and notice thereof given by mail co the parties or their attorneys. Arbitrators' comoensaciou to be ltu ?N W E f* paid upon appeal: 6t onotary $ 19U•w By: ?? c /; ?t cPa Depucy vi ter. __ U b „ CI1 K Al# y