HomeMy WebLinkAbout03-4007COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT Of COMMON PLEAS
FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na o3 - yO0 -7
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date acrd in the case mentioned below
NAME v?Niuw 0? MAGI t>tst Na OR NMA[ or o.1.
11 L? 0 9'- 3 -'0 3
AuDREM OF ,CIKUAW city STATE
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TLIRE OF FLLANT OR 1EL ATTORNEY OR NT
:P CODE
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IT ?
This block will be signed ONLY when this natation is required under Pa. R.CPJA No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon a'-Lev -J appellee(s), to file a complaint in this appeal
Nacre of appeAWs)
(Common Pleas No n .? - 10016 ) within twenty (20) days after servic rule «?ui:fer entry of judgment of non pros
n n /r?/•(Sig?ase or appegant or his attarrrey or agars
RULE: ToC/ya L9 Al CALL er/ -% E Pti tL l`3oppolee(s),
Akme of appeiive(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Srgnetrn of RoffWw1 ry a Deputy
AO PC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (101) JAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
;SS
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No _ upon the District Justice designated therein on
(date of service) ? by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee. (name)
_ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on _- __. ? by Personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
5.Cr4,2r xt' !v re„ rn _ a nart.=
7Rle n! a Ica'
My comet icw expi? s on
Sictnahoe of aftan?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dist. No.'
09-3-03
DJ Name: Hon.
SUSAN K. DAY
Address 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone- (717) 486-7672 17065
i
PAULA HEIDER, DEF 1
111 YATES STREET
MT HOLLY SPRINGS, PA 17065
NOTICE OF JUDGMENT/TRANSCRIP
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rARLSY & CATHERINE J PHILLIPS
1165 MYERSTOWN ROAD
GARDNERS, PA 17324
L
VS
I
DEFENDANT: NAME and ADDRESS
FHEIDER, PAULA & KUHN, STEVE, ET ALA
111 YATES STREET
MT HOLLY SPRINGS, PA 17065
L J
DocketNo.: LT-0000207-03
Date Filed: 7/01/03
THIS IS TO NOTIFY YOU Ti AT:
Judgment: _--
u Judgment was entered for: (Name) ARLSY & CATHERINE JPHILLIPS
Judgment was entered against HEIDER, PAULA & KUHN, STEVE in a
Landlord/Tenant action in the amount of $
1XI 3,292.80 on 7/28/03 . (Date of J udgment)
The amount of rent per month, as established by the District Justice, is $ 750.00.
The total amount of the Security Deposit is $ .00
Total Amount Establish d ¢ QJ Less • Security Deposit ApRli d
00
? _
5 = Adjudicated q?poupt
3
183
0
Rent in Arrears $ -$ . U
, 1 } • $ ,
.0
Physical Damages Leasehold Property $ .00 - $ .00 = $ .00
Damages/Unjust Detention $ .00 - $ -00 $ .00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ nn
UT Judgment Amount $ 3,183.00
Attachment Prohibited/ Judgment Costs $ 109.80
42 Pa.C.S. § 8127 Attorney Fees $ -of)
This case dismissed without prejudice. Total Judgment $ 3,292.80
Possession granted. Post Judgment Credits $
Post Judgment Costs $
?X Possession
d if m
rant
n
t i
d Certified Judgment Total
t
t
d b
f
t $
g
gmen
e
o
ey ju
s no
sa
ls
ie
y time o
eviction.
Possession not granted. n Defendants are jointly and se verally 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 JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
/7, f/ Date Lr District Justice
I certify t at this is a true and/y of the recor p the p oceedings containing the judgment.
Date J District Justice
M? commission expires first Monday of January, 20,pq_, SEAL
AO C I I5A-0?
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF `'N'-I oq-,J4,,
SS
AFFIDAVIT: I hereby swear or affirm that I served
D a copy of the Notice of ppe i, Common Pleas No.
(date of service) r S p ? ? dGT , upon the District Justice designated therein on
[] by personals vice by (certified (r istered) all, sender's
recd t attgched here o, and upon the appellee, (name) ?-
^ 4 t rsE+
- 0 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, _ on I served El in Rtu 4Per that
addressed one Rule to F0 a Corpplai nt accompanying the above Notice of Appeal upon the appellee(s) to whom
mail, sender's receipt attached hereto Z r -? -- EI blfpersonal service [] by (certified) (registered)
SWORN (AFFIRMED) AND
THIS
c r1Jr,E
ShnaPre
t
,^??; r?, Cb?ftnrlF
7ille o7 o f77) """`
My commission expires on
OF
Exphes April 4,
z,.
BEFORE ME
j Signature of af6 nt
O
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(J _lJ
I,
UNflt.r?.? A ASWd DD
6,10W Ze snv Sp
3 01:07C ?&IU 'L 20
sv, .
NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
IUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS NS 1490 -1
Notice is given that the appeBc
date an the case mentioned
NOTICE OF APPEAL
man Pleas an appeal from the judgment rendered, by the DistM Justice on the
filed in the above Court of Corn
1P
r 1.f. SA T Ea
f 16
I:f .'
is r?uiredd RiCPJP No.
TMs' hJtE? ??-y?,- ? r` T "Y .
f District Justice, will operate as a
This Nayce of Appeal, when received by
SUPERSEDEAS to the judgme^t for Possession in this case.
ignature of ProthonofarY or Deputy
l
if appellant AMANT {see Pa R.C.P.J.P. No.
1001(6) in action before District Justice, I MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No-
(This section of
IF NOT USED, detach from copy of notice of appeal to be served upon aPPa11ea)'
PRAECIPEL To Prc
Enter rule upon
(Common Pleas No _
1001(7) in action before District Justice.
e A cp`t? ?,r? pal
RULE: To 92q Ze' 'gppeRee(L,.
ro w egoelbe(s)
to of
_ wdbm twenty O) days after *4 da
V
(I } You dte netifi yd*lot *felt is lEn ? Wftm ?",ID tMF aPf ar
service of this nib upon you by Personal service or by cord 1e9
.
1,
(Z) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL E $ f,
(3) The deft -of seryke of this rub if service was by mail is the date of mailing..
: ?'? , O`°'R?T S,Jppelfre of prou notery or odpw
Date.
r?
COURT FILE
AOPC 312-90
ARLEY PHILLIPS AND CATHERINE
J. PHILLIPS,
Plaintiffs
NO. 2003-4007
V.
PAULA HEIDER and STEVE KUHN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSLVANIA
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 a 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
32 S. Bedford Street
Carlisle, Pennsylvania 17013-3302
(717) 249-3166
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
SNELBAKER, BRENNEMAN & SPARE, P. C.
By: I
Attorneys for Plaintiff
ARLEY PHILLIPS AND CATHERINE IN THE COURT OF COMMON PLEAS OF
J. PHILLIPS, CUMBERLAND COUNTY, PENNSLVANIA
Plaintiffs
NO. 2003-4007
V.
CIVIL ACTION - LAW
PAULA HEIDER and STEVE KUHN,
Defendants
COMPLAINT
Plaintiffs Arley Phillips and Catherine J. Phillips, by their attorneys, Snelbaker,
Brenneman & Spare, P. C., submit this Complaint as follows:
1. Plaintiffs Arley Phillips and Catherine J. Phillips are adult individuals residing at 1165
Myerstown Road, Gardners, Pennsylvania, 17324.
2. Defendants Steve Kuhn and Paula Heider are adult individuals having their last known
address at 236 N. Baltimore Street, Apartment 8, Mount Holly Springs, Pennsylvania, 17065.
3. Plaintiffs are the owners of a certain parcel of land improved with a residential
dwelling commonly known as 111 Yates Street, Mount Holly Springs, Pennsylvania, 17065
(hereinafter the "Premises").
4. On or about August 15, 2002 Plaintiffs and Defendants entered into a Residential
Lease Agreement with respect to Defendants' lease of the Premises owned by Plaintiffs. A true
and correct copy of the Residential Lease Agreement dated August 15, 2002 (the "Lease") is
attached hereto and incorporated by reference herein as "Exhibit A".
5. Pursuant to the terms of the parties' Lease, the Lease could be terminated by either
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Landlord or Tenant upon 60 days prior written notice.
6. On or about April 25, 2003, Plaintiff Arley Phillips gave Defendants 60 days prior
written notice of termination of the Lease. A true and correct copy of the written notice of
termination dated April 25, 2003 is attached hereto and incorporated by reference herein as
"Exhibit B".
7. The written notice described above and attached hereto as "Exhibit B" was provided
Defendants after Plaintiff Arley Phillips spoke to Defendant Paula Heider about terminating the
Lease and Defendant Paula Heider requested that the date of the Lease termination not interfere
with her son's completion of the school year at Mount Holly Springs Elementary School.
8. Beginning on or about April 1, 2003 and continuing thereafter, Defendants have
materially breached the Lease in the following particulars:
a. by failing to pay monthly rent in full in the amount of $750.00 on the first
day of each calendar month beginning on or about April 1;
b. by failing the pay the late charge of 5% as additional rent by the tenth day
of the month;
c. by failing to vacate the Premises by June 24, 2003;
by failing to keep the lawn mowed and vegetation on the Premises trimmed;
e. by failing to keep the Premises free of waste, garbage and refuse and by storing
such items on the Premises;
f. by failing to surrender the Premises free of Defendants' possessions and
personalty; and
g. by failing to surrender possession of the Premises in good and clean condition.
9. As a direct factual and proximate result of Defendants' material breach of the Lease as
set forth above, Plaintiffs are owed by Defendants unpaid rent, late fees, costs incurred by
Plaintiffs in mowing the lawn of the Premises and trimming the vegetation thereon, the cost to
LAW OFFICES
SNELBAKER. _2_
BRENNEMAN
& SPARE
clean the interior of the house including carpets, costs to remove trash and debris and the cost
necessary to replace lawn that was damaged by Defendants.
10. Due to Defendants' material breach of the Lease as set forth above, Plaintiffs have
engaged the law firm of Snelbaker, Brenneman & Spare, P. C. to represent them in this matter.
11. Pursuant to Paragraph XIII of the Lease, Defendants have agreed to pay the fees of
Plaintiffs' attorney and any court costs incurred.
12. Legal fees incurred by Plaintiffs to date in this matter are in excess of $500.00, which
legal fees shall be increasing and accruing due to the prosecution of this action, which fees
additional fees are claimed as damages herein by Plaintiffs.
WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, in
the amount of $4,169.50 representing unpaid rent and late fees incurred up to the date of
Defendants' vacation of the Premises, attorney's fees in excess of $500.00, costs of cleaning the
house, carpets and garage, the costs of mowing and trimming the lawn and restoration of the
shrubbery of the Premises, the cost to replace damaged lawn and to remove trash and debris,
together with interest and costs of this action.
The amount claimed by Plaintiffs hereunder does not exceed the amount established for
mandatory arbitration in this jurisdiction.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY: I&V-G ?
LAW OFFICES
SNELSAKER.
BRENNEMAN
& SPARE
Date: September 8, 2003
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
-3-
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Complaint to be served upon the persons and in
the manner indicated below:
FIRST CLASS MAIL, CERTIFIED, RETURN RECEIPT REQUESTED,
ADDRESSED AS FOLLOWS:
Paula Heider
Steve Kuhn
236 N. Baltimore Street
Apartment 8
Mount Holly Springs, PA 17065
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
By:
Date: September 8, 2003
SNELBAKER, BRENNEMAN & SPARE, P.C.
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
RESIDENTIAL LEASE AGREMENT
oQ?
This Residential Lease Agreement is made and entered into this
of /vim/ vsf , 200 2 by and between:
ARLEY PHILLIPS and CATHERINE J. PHILLIPS of
1165 Myerstown Road, Gardners, Pennsylvania, 17324,
hereinafter referred to as "Landlord"
1gW19 111-cl,"R STEv£
(Name(s))
45 day
of 313 cycs TNUT rr
(address)
MT. I-f011-y SA91 6-r ?? ??lQ6s
hereinafter, whether one or more, referred to as "Tenant"
I. LEASED PREMISES, USE, TERM, RENT AND SECURITY DEPOSIT.
A. Leased Premises. Landlord agrees to lease to Tenant and Tenant
agrees to lease from Landlord certain land owned by Landlord improved with a
residential dwelling commonly known and numbered as 111 Yates Street, Mount
Holly Springs, Pennsylvania, 17065 (the 'leased premises").
B. Use. The use of the leased premises will be for residential purposes
only, consistent with all local, state, county and federal law, ordinances and
regulations and for no other use or purpose.
EXHIBIT A
C. Lease Term. The lease term shall commence 09,0/,1001 and end
0r?3/ f ? co3
D. Payment of Rent. Tenant agrees to pay to Landlord at Landlord's address of 1165
Myerstown Road, Gardners, PA 17324 rent for the leased premises the total sum of
$10 00 00 0 without demand, set-off or reduction, payable in 12 equal monthly
installments of $ 7-5'O. 0 with each installment paid on or before the first day of each
calendar month starting OQLO/%Q02
E. Late Charee. Any installment of rent not received by Landlord by the 5'h day of the
month shall be subject to a five percent (5%) late charge, which late charge shall be considered
additional rent due by Tenant and payable by the I& day of the same month.
F. Security Deposit. Tenant shall provide Landlord upon or before 10101// 00;t
this lease a security deposit in the amount of $ 750. 00 The security deposit shall be
returned upon expiration of the lease term or any extension of the lease term provided herein
minus any costs necessary for repair of the leased premises or any other costs necessary to
return the leased premises to its same condition as that delivered to the Tenant upon
commencement of this lease normal wear and tear excepted. In the event that Tenant shall be in
default under any term or condition of this lease or owe charges or additional rent to Landlord,
the security deposit may be applied against any judgment, deficiency or any amount owing
Landlord.
-2-
Application of the security deposit by Landlord to any amounts owed by Tenant shall not
constitute a waiver of Landlord to recover any other amounts due and owing Landlord by
Tenant under the terns herein.
H. UTILITIES.
Landlord shall during the tern of this lease pay all charges for the following utilities:
sEU?£?P s TRASH
Tenant shall during the term of this lease pay all charges for the following utilities:
A A 4 0r1l. M UTi/- ! rr ES"
Under no circumstances shall the leased premises be utilized as a storage area for waste,
garbage, refuse, chemicals, solvents or hazardous materials of any kind or classification.
Concerning utilities as follows, tenant shall be responsible for all costs incurred to remove or
dispose of waste, garbage, refuse, chemicals, solvents and other hazardous materials of any kind
or classification.
III. WASTE AND NUISANCE.
Tenant shall not commit or permit to be committed any waste on the leased premises,
nor shall Tenant maintain, commit, or permit the maintenance or commission of any nuisance on
the leased premises or use the leased premises for any unlawful purposes. Tenant and any guest,
visitor or resident of the leased premises shall not interfere with the comfort, peace or rights of
any residents adjoining the leased premises.
-3-
IV. REPAIRS, MAINTENANCE AND CONDITION OF LEASED PREMISES.
Tenant agrees, upon expiration or sooner termination of the lease, to promptly surrender
and deliver to Landlord the leased premises, free of all Tenant's possessions and personalty, in
good condition, normal wear and tear excepted.
Any personal property not so removed shall be deemed to have been abandoned
by Tenant and may be retained or disposed of by Landlord. In the event such property is
disposed of by Landlord, Tenant shall be responsible for all costs of such disposal.
Tenant agrees to repair any damage caused to the leased premises due to the
intentional or negligent acts of Tenant, Tenant's agents, representatives, invitees or others on the
leased premises with Tenant's knowledge or consent.
In failure of Tenant repairing the leased premises, all costs thereof incurred by or
to Landlord shall be added to any rents due Landlord or charged separately to Tenant hereunder
and payable within thirty (30) days of presentment.
Tenant shall be responsible for removing snow and/or ice from the sidewalks and
decks or patios of the leased premises. Tenant shall further be responsible for keeping the lawns
mowed and vegetation on the premises in a neat and trimmed condition.
V. FIRE AND CASUALTY DAMAGE.
A. Total Destruction. If the leased premises should be totally destroyed by fire, flood
or other casualty, this lease shall be terminated and rent shall be abated for the unexpired portion
of the lease effective as of the date of the occurrence of the damage.
B. Partial Destruction. If the leased premises shall be partially damaged by fire, flood
-4-
or other casualty, but not to such an extent that rebuilding or repairs cannot be completed within
a reasonable time from the date of the occurrence of the damage, the Landlord may, at
Landlord's option, restore the same with reasonable promptness, reserving the right to enter
upon the demised premises for that purpose... If the building and other improvements are to be
rebuilt or repaired and are untenantable in whole or in part following such damage, the rent
payable hereunder during the period of which they are untenantable shall be adjusted equitably.
In the event that the Landlord should fail to complete such rebuilding or repairs within ninety
(90) worldng days from the date of the occurrence of the damage, Tenant may at Tenant's
option terminate this lease by written notification at such time to Landlord whereon all rights
and obligations hereunder shall cease.
VI. ALTERATIONS AND IMPROVEMENTS.
Tenant shall not alter or improve the leased premises without prior written consent of
Landlord to do so. All alterations, additions, or improvements permitted to be made by the
Landlord shall remain part of the leased premises and Tenant shall not be entitled to any
compensation, set-off or payment therefor or for any increase in value to the leased premises by
reason thereof. All improvements shall be at Tenant's expense.
VII. INSPECTION AND ACCESS.
Tenant shall permit Landlord and her agents to enter into and upon the leased premises
at any time with reasonable notice for the purposes of inspecting same or for purposes of
making repairs or alterations to the premises.
-5-
VIII. ASSIGNMENT AND SUBLEASING.
Unless otherwise agreed to in writing by the Landlord, there shall be no assignment of
this lease by the Tenant or subletting of the leased premises by the Tenant.
IX. INSURANCE AND INDEMNIFICATION.
A. Tenant's Insurance. Tenant agrees and acknowledges that Tenant is responsible for
obtaining insurance and insuring any and all personalty, fixtures and property Tenant may store
or place in or on the leased premises.
B. Tenant's Sole Source of Insurance Coverage. Tenant agrees that in event of loss
due to perils for which Tenant has agreed to provide insurance, that Tenant shall look solely to
Tenant's insurance for recovery.
C. Indemnification. Tenant hereby agrees to indemnify and hold harmless the
Landlord from any and all claims, damages losses and suits, including attorney's fees, related to
or arising from any injury or loss sustained by any person or property while on the leased
premises during Tenant's tenancy or any extension thereof, hereunder.
D. Increased Insurance Premium. In the event Tenant shall engage in any
activity or adds to or modifies the leased premises which results in an increase of any insurance
premium paid or payable by the Landlord, then Tenant shall be responsible for reimbursing the
Landlord or paying the Landlord for the amount of such increase, within thirty (30) days of
demand by the Landlord for payment of same.
X. LEAVING LEASED PREMISES BEFORE LEASE ENDS.
If Tenant leaves the leased premises before the expiration of the initial lease term or any
-6-
extension of that tens, Landlord can leave the leased premises empty or try to rent it to another
party. Tenant remains responsible to pay all rent and other amounts due under this lease for the
remaining tern of this lease, or until the Landlord leases the premises, whichever happens first.
XI. TENANT'S FAILURPTO FOLLOW THIS LEASE.
If Tenant fails to follow this lease, all of the following shall apply:
a) Landlord may require Tenant to move from the leased premises;
b) The responsibilities of the Tenant as described in this lease, including paying rent,
shall not change;
c) The Landlord may rent the premises to someone else;
d) if the Landlord does not rent the premises to another party, Tenant shall remain
responsible to pay the rent and any late charges and/or other amounts due under this
lease; and
e) A lawsuit may be brought against Tenant.
)M. TERMINATING THIS LEASE.
Either Landlord or Tenant may end this lease at the end of the initial term by giving the
other party written notice no later than sixty (60) days prior to termination of lease. If neither
Landlord nor Tenant gives notice to end this lease, then this lease is extended for another year.
The extended lease tern shall have the same terms and conditions as this lease except the
amount of rent may increase. Landlord shall give Tenant written notice of any rent increase
applicable to any extended lease term at least ninety (90) days prior to the expiration of the lease
term or any extension of that term. This lease will continue to be extended by yearly periods
until written notice to end the lease is given as provided above.
-7-
X m. ATTORNEY FEES.
If Landlord hires an attorney to represent Landlord because of Tenant brealdng any
agreement made in this lease, Tenant shall pay the fees of the Landlord's attorney and any court
costs.
XIV. STAYING AFTER LEASE ENDS.
In the event the Tenant remains on the leased premises after the lease is terminated or
expires, Landlord will have the right to go into court and have Tenant removed from the leased
premises. Tenant shall continue to be responsible to pay rent to Landlord due to Tenant staying
on the leased premises based upon the monthly rental charge in effect at that time.
XV. ENTIRE AGREEMENT.
This lease is the complete statement of agreement between the Landlord and Tenant
regarding the leased premises. This lease can only be changed by a written agreement signed by
Landlord and Tenant.
XVI. MISCELLANEOUS.
A In case any one or more of the provisions contained in this lease shall be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provision thereof and this lease shall be construed as if such invalid, illegal
or unenforceable provision had never been contained in this lease.
B. This agreement shall be construed under and in accordance with the laws of the
Commonwealth of Pennsylvania. No waiver by any party hereto of any default or breach of any
term, condition or covenant of this lease shall be deemed to be a waiver of any other breach of
the same or any other term, condition or covenant contained in this lease.
-8-
C. By signing this lease, Tenant gives up or waives all advanced notice which Tenant is
entitled to under the Landlord and Tenant Act of Pennsylvania.
D. The Lead-Based Paint Disclosure Addendum is attached to this lease and made a
part of this lease.
E. Each tenant shall be jointly and severally liable to Landlord for all rent or other
amounts due Landlord under this lease.
F. Landlord shall supply a dehumidifier, refrigerator, stove, washer and dryer, and lawn
mower. Landlord shall assume no responsibility for the operation and/or maintenance of these
devices. If any of these devices cease working, the Tenant acknowledges that the Landlord is
not responsible for repair or replacement of such devices. Tenant shall be responsible for any
repairs and maintenance of the devices listed above.
G. Tenant shall clean the stove and refrigerator on a regular basis.
H. Tenant shall not smoke inside the residence or permit Tenant's guests or invitees to
smoke inside the residence.
I. Tenant shall pay Landlord for any fuel oil in the fuel tank.
I Tenant shall have no pets except as approved by the Landlord in writing.
K. Any other provision to this lease notwithstanding, this lease may be terminated upon
sixty (60) days prior written notice by either the Landlord or Tenant.
L. No firewood may be stored within three (3) feet of the exterior walls of the
residence.
Ni There shall be no fires of any sort within fifteen (15) feet of the exterior walls of any
structure on the property.
-9-
N.
Intending to be legally bound, the Landlord and Tenant sign this lease on the date first
appearing above.
WITNESS:
LANDLORD:
[5-1(0 ? ley Phillips SEAL)
Catherine J. P ips EAL)
G-- (SEAL)
TENANT:
vj' 8 1,( 5 0 ?
(SEAL)
-10-
04/25/2003
Arley Phillips
1165 Myerstown Road
Gardners,
Pa. 17324
Paula Heider
Steve Kuhn
III Yates St.
Mount Holly Springs,
Pa. 17065
Dear Ms. Heider and Mr. Kuhn,
This letter will serve as notice of termination of your lease for the property known
as 111 Yates St., Mount Holly Springs, Pa. 17065.
Per the terms of the lease I am only required to give you sixty (60) days from
the date of this letter to vacate the property. As you requested , so that your son can
complete the school year at the Holly Elementary School , I will extend the date for you
to leave the premises to Tuesday, 06/24/2003.
You are to vacate the property, return the keys and the items I have loaned for
your use on 06/24/2003.
You are responsible for all terms and conditions of the lease up until the 60 day
period ends. Rent will remain at $750 monthly. Per Diem rate for the 24 (twenty-four)
days in June is $25/day ( $750 divided by 30 days). That sum will be $600.
After you leave , per the Landlord-Tenant Act of 1951 which governs rental
property, you have 30 days to provide me ,in writing, with your new address. Upon
receipt of your new address I will return your security deposit less the cost(s) of any
repairs/cleanup/ or other violations of the lease .
I would suggest you review the lease and make cleanup and repair any damages
prior to leaving so I can return your securitv deposit_
Any questions please call me at home.
Sincerely,
Arley Phillips
EXHIBIT B
c-
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ARLEY PHILLIPS and CATHERINE
J. PHILLIPS,
Plaintiff
V.
PAULA HEIDER and STEVE KUHN,
Defendants
IN THE, COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.?13
NO-. 2-002-4007
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND
SS.
I, Keith O. Brenneman, Esquire, being duly sworn according to law depose and say: that I
am a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for
Arley Phillips and Catherine J. Phillips; that on September 8, 2003 I served upon Defendant
Steve Kuhn by certified mail, restricted delivery, return receipt requested, Parcel 7000 1670 008
5047 1608 a certified copy of the Complaint filed in the above-captioned action; that on
September 30, 2003 I served upon Defendant Paula Heider by certified mail, return receipt
requested, Parcel 7003 1010 0000 8130 8699 a certified copy of the Complaint filed in the
above-captioned action; that a certified copy of the Complaint was received by Defendant Steven
Kuhn on September 9, 2003; that a certified copy of the Complaint was received on behalf of
Defendant Paula Heider on October 1, 2003; that attached hereto and incorporated by reference
herein as "Exhibit A" are the original Certified Mail Receipts and Domestic Return Receipts
noting the mailing and receipt of the Complaints as noted above; that attached hereto and
incorporated by reference herein as "Exhibit B" is a copy of the letter dated September 8,
R Cenev
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¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired
FA Rec ived by (Pleas in C/ear/yJ BDa of Delivery
.
¦ Print your name and address on the reverse
S )l
so that we can return the card to you. . Signature "
- ¦ Attach this card to the back of the mailpiece,
or
th
X
? A
ent
on
e front if space permits. g
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1. Article Addressed to D. Is delivery address dif ferent from item 1? ? Yes
If YES, enter delivery address below: ? No
Steve Kuhn
226 N. Baltimore Street
Apartment 8
Mount Holly Springs, PA 3. Service Type
17065 MXertified Mail ? Express Mail
0 Registered ? Return Receipt for Merchandise
? Insured Mail ? CO.D.
4. Restricted Delivery' (Extra Fee) yes
title Number (Copy from service label)
7000 1670 0008 5047 16
'd 3811, July 1999 Domestic Return Receipt
-
Postal _
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CERTIFIED MAIL RECEIPT Postal
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(Domestic OnIY; NO Ins
Wrance Coverage Provided) Q
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Postage $
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Certified Fee 2.30 CCI
Postage $
VrJ
m Return Receipt Fee Posbna M
`(Endorsement Re wired C..1 4f9 i0.
1
75
P P E3
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certified Fee
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Restricted Delivery Fee
E Post
(E? amen RequireFas d) j 7 rj :
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(
ndorsement Required)
r3
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Re-MCmd
(Endorsem
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r Total Postage & Fees $ VSPS 0
Sent to
Steve Kuh r9
m d.
Total Postage & Fees $
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SNELBAKER, BRENNEMAN & SPARE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
d4 WEST MAIN 5TP.EEf
RICHARD C. SNFIBAKER MECHANICSBURG, PENNSYLVANIA 17055
KErrH O. BRENNEMAN '-
PHILIP H. SPARE 717-697-8528
September 8, 2003
Paula Heider
236 N. Baltimore Street
Apartment 8
Mount Holly Springs, PA 17065
Re: Phillips v. Heider and Kuhn
No. 2003-4007
Dear Ms. Heider and Mr. Kuhn:
P. O. BOX 318
FACSIMILE (717) 697-7681
Steve Kuhn
236 N. Baltimore Street
Apartment 8
Mount Holly Springs, PA 17065
Enclosed please find a certified copy of a Complaint that was filed this date with the
Prothonotary.
Please be guided accordingly.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosure
By certified mail, return receipt requested, Parcel No. 7000 1670 0008 5047 1592 (Paula Heider)
and certified mail, return receipt requested, Parcel No. 7000 1670 0008 5047 1608 (Steve Kuhn)
CC: Mr. and Mrs. Arley Phillips (w/enclosure)
EXHIBIT B
SNELBAKER, BRENNEMAN 15 SPARE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
as WEST MAIt.I STREET
RICHARD C. SNELBAKER MECHANICSBURG, PENNSYLVANLS 17055
KEITH O. BRENNEMAN
PHILIP H. SPARE 717-697-8528
September 30, 2003
Paula Heider
236 North Baltimore Street
Mount Holly Springs, PA 17065
Re: Phillips v. Heider and Kuhn
Dear Ms. Heider:
P. O. BOX 318
FACSIMILE (717) 697-7681
Enclosed please find a certified copy of a Complaint that was filed with the Prothonotary
on September 8, 2003.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosure
By certified mail, return receipt requested, parcel No. 7003 1010 0000 8130 8699
EXHIBIT C
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ARLEY PHILLIPS AND CATHERINE
J. PHILLIPS,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSLVANIA
NO. 2003-4007
V.
CIVIL ACTION - LAW
PAULA HEIDER and STEVE KUHN,
Defendants
PRAECIPE FOR JUDGMENT UPON DEFAULT
PURSUANT TO Pa.R.C.P. 1037(b)
TO THE PROTHONOTARY:
Please enter judgment against Defendant Paula Heider and in favor of Plaintiffs Arley
Phillips and Catherine J. Phillips in the amount of $5,094.50 representing unpaid rent and
unpaid late fees of $4,169.50, together with attorney's fees if $925.00, as claimed in the
Complaint, together with interest and costs of this action due to Defendant Paula Heider's failure
to file within the required time a pleading to the Complaint in this action. A certified copy of the
Complaint containing a notice to defend was served upon Defendant Paula Heider on October 1,
2003.
I hereby certify that written notice of intention to file this Praecipe was mailed to the
Defendant Paula Heider at least ten days prior to the date of the filing of this Praecipe. A copy
of the written notice mailed to the Defendant Paul Heider on October 22, 2003 is attached hereto
and incorporated by reference herein as "Exhibit A".
LAW OFFICES Date: January 9, 2004
SNELBAKER.
BRENNEMAN
& SPARE
SNELBAKER, BRENNEMAN & SPARE, P. C.
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
ARLEY PHILLIPS AND CATHERINE
J. PHILLIPS,
Plaintiffs
V.
PAULA HEIDER and STEVE KUHN,
Defendants
TO: Paula Heider
236 North Baltimore Street
Apartment 8
Mount Holly Springs, PA 17065
Date of Notice: October 22, 2003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSLVANIA
NO. 2003-4007
CIVIL ACTION - LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
-EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013-3302
(717) 244-3166
LAW OFFICES SNELBAKER, BRENNEMAN & SPARE, P. C.
SNELBAKER.
BRENNEMAN
& SPARE ?/?
By: l? ???2 '1
Keith O. Brenneman, Esquire
EXHIBIT A
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
aused a true and correct copy of the foregoing Important Notice to be served upon the persons
and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Paula Heider
236 North Baltimore Street
Apartment 8
Mount Holly Springs, PA 17065
SNELBAKER, BRENNEMAN & SPARE, P.C.
By: I?
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Date: October 22, 2003
LAW OFFICES
SNELSAKER.
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Paula Heider
236 North Baltimore Street
Apartment 8
Mount Holly Springs, PA 17065
SNELBAKER, BRENNEMAN & SPARE, P.C. 0-??
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs Arley Phillips and
Catherine Philips
Date: January 9, 2004
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N02003-4007 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Arley Phillips and Catherine Phillips Plaintiff (s)
From Paula Heider
(1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal
proeprty of Defendant Paula Heider located at 236 North Baltimore Street, Mount Holly
Springs, including the Chevrolet Impala, PA license plate No. FTD1936, VIN
2G1 WF52E359190753 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $5,094.50
Interest $855.62
Atty's Comm %
Atty Paid $26.50
Plaintiff Paid $55.25
Date: October 27, 2006
L.L.$.50
Due Prothy $1.00
Other Costs
Curts R. Long, Pr ono y
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Keith O. Brenneman, Esq.
Address: 44 W. Main Street
Mechanicsburg, PA 17055
Attorney for: Plaintiffs
Telephone: (717) 697-8528
Supreme Court ID No. 47077
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
ARLEY PHILLIPS and CATHERINE
PHILLIPS,
Plaintiffs
v.
J
PAULA HEIDER
Confessed Judgment
Other
File No. 2003-4007
Amount Due 5094.50
Interest 855.62
and STEVE KUHN, : Atty's Comm
Defendants
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Any and all personal property of Defendant Paula Heider located at
236 North Baltimore Street, Mount Holly Sp_ringc, including t-be
-Chevrolet Impala PA license plate No FTDI A'A6, VTN901 W-E59E359190753.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date October 27, 2006 Signature: 14,?--?
Print Name:
Address:
Mechanicsburg, PA 17055
Attorney for:
Telephone:
Keith 0_ Brenneman
44 W. Main Street
Plaintiffs
(717) 697-8528
Supreme Court ID No: 707 -7
M
w
?'1.l
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs: Advance Costs: 150.00
Sheriff s Costs 66.88
Docketing 18.00 83.12
Poundage 1.32
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 09/11/07
Mileage 5.28
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage .78
Garnishee
?
(:)r--g
TOTAL 66.88 o Answers,
r Aee.?W ,fit
R. Thomas Kline, henff
By 0 L tj &"c&l
SZ;11d NOR 101
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WC -I41M ?( _1 1
0
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4089)
j 9 r0 I
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N02003-4007 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Arley Phillips and Catherine Phillips Plaintiff (s)
From Paula Heider
(1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal
proeprty of Defendant Paula Heider located at 236 North Baltimore Street, Mount Holly
Springs, including the Chevrolet Impala, PA license plate No. FTD1936, VIN
2G1 WF52E359190753 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been, issued; (b) the garnishee(s) is;e*ined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed, tplnptify him/her that he/she has been added as a
garnishee and is enjoined as above s6led.
Amount Due fl%.50
Interest $855.62
Atty's Comm %
Atty Paid $26.50
Plaintiff Paid $55.25
Date: October 27, 2006
(Seal)
L.L.$.50
Due Prothy $1.00
Other Costs
Curtg R. Lon ono
By:
Deputy
REQUESTING PARTY:
Name Keith D. Bre eman, Esq.
Address: 44 W. Main Street
Mechanicsburg, PA 17055
Attorney for: Plaintiffs
Telephone: (717) 697-8528
Supreme Court ID No. 47077