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HomeMy WebLinkAbout07-3525f ? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of COMMON PLEAS No d 3 'd nom/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. FROM G _O/S_ 617 DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL SP 7/o /CGLL),S' ??!trr! .7i?1? ?aAPijAv C',V 00o0o0-a7 I^ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. 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 Prethonotary or Deputy was P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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 X[ L L y t T'IC' appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 0 3,5 a S? ) within twenty (20) days after se of rule or r entry of judgment of non pros. Signal f appellant or attorney or agent RULE: To l('cLL y t TJ'f appellee(s) Name of appellee(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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 eq Signature of Prothonotary Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 1105 UQe f'?wli l? l..??r,LE *ECWA iCS'BC'AC PA i `?'©SO DATE OF JUDGMENT IN THE CASE OF (Pfamhtn 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 120 , ? by personal service ? by (certified) (registered) mail, on sender's receipt attached hereto, and upon the appellee, (name) 20? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 O C S M .4- M 1 . co COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 JIM CONWAY 1103 DRYPOWDER CIRCLE MECHANICSBURG, PA 17050 I THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 1,262.51 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F] This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 1,190.00 .50 Judgment Costs $ 72 :-6b Interest on Judgment $ Attorney Fees $ .00 Total $ 1,262.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER E. U-QTS TO ENTER THE JUDGMENT IN THE,000RT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE-.` 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. OS-17-07 Date I certify that this is a true rr Date r^ My commission expires first Monday of January, 2010 AOPC 315-06 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rSMITH, KELLY S -I 710 QUAKER CIRCLE APT/STE 5 LEMISBERRY, PA 17339 L J VS. DEFENDANT: NAME and ADDRESS rCONKAY, JIM 1103 DRYPONDER CIRCLE MECHANICSBURG, PA 17050 L J Docket No.: CV-0000069-07 Date Filed: 2/02/07 (Date of Judgment) 5/17/07 SMITH, KELLY S CONWAY, JIM Magisterial District Jud containing the judgment. , Magisterial District Judge SEAL DATE PRINTED: 5/17/07 1:43:00 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY S. SMITH Plaintiff, CIVIL DIVISION Vs. JIM CONWAY Defendant No. 07-3525 Civil Term NOTICE TO DEFEND '%7d'%- FT iY A X TU 331 TRT Q'Y i . -Flk 'FAT i v" I T T 1 V V ilA 1 1'J "Ai AL1 \ L-7 V 1:/L Al \ %- V tJ A% AL 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 by filing in writing with the court your Uv1V11JVJ vi vvjwLlvliJ LV LllV V1w11113 JV4 1V1 L11 Ci,{L111JL pi". 1 Vu r"V Y,/CLIllVU Lim,. 11 yvu 1LLu to do so the case my 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 LA%%YER 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 AVE CARL ISUK, FA 17013 7171249-3166 OR 500-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY S. SMITH Plaintiff, CIVIL DIVISION Vs. JIM CONWA Y Defendant COMPLAINT No. 07-3525 Civil Term AND NOW,, comes the Plaintiff, Kelly S. Smith, who hereby avers as follows: 1. Plaintiff, Kelly S. Smith is an adult individual residing at 710 Quaker Circle #5 Lewisberry, PA 17339. 2. Defendant, Jim Conway is an adult individual residing at 1103 Drypowder Circle Mechanicsburg, PA 17050. 3. Defendant is the landlord of property at 60 Hummel Ave 2d Floor Lemoyne, PA 4. Plaintiff signed a lease to live at the Hummel Ave address for the term of 4/1/03 To 4/1/04 which is attached hereto as "Exhibit A". 5. A lease extension agreement was signed on 1/12/04 to extend the lease until 411105 which is attached hereto as "F,xhibit R", 6. A lease extension agreement was signed on 3/1/05 to extend the lease until 3/31/06 which is attached hereto as "Exhibit C". 7, After April of 2006 plaintiff made multiple requests for another lease extension Agreement to be provided for another 12 months. 8. Multiple messages left on defendant's voicemails and home and on cell phone were unanswered and no lease extension was ever provided. 9. Plaintiff continued to leave voice mail messages for the months following while continuing to make monthly rent payments on time. 10. On 10/11/06 Plaintiff sent Defendant a letter, hereto attached as "Exhibit D", giving official notice of intent to move out on 11/15/2006. This letter was Sent 1JTSPS delivery confirmation and was confirmed received 10/13/06, 11. Plaintiff had vacated the apartment by 11 / 15/06 leaving it in professionally clean condition with keys on the counter and a note giving the new Lewisberry address. 12. Plaintiff sent Defendant a letter on 1/16/07 hereto attached as "F,xhibit F," addressing the fact that the security deposit had not been returned (no contact had been received from the Defendant) this letter was sent certified mail but Defendant refused to pick up the item at the post office. 13. Plaintiff sent Defendant another letter on 1/24/07 hereto attached as "Exhibit F" which had enclosed a copy of the 1/16/07 letter and stated that all facts and dates were still applicable, This 1/24/07 letter was sent USPS Delivery confirmation and was confirmed delivered 1/26/07. 14. On the date of 2/2/07 there had still been no response/communication from Defendant, 15. Plaintiff filed with District Justice Thomas A. Placey court 09-3-04 on 2/2/07 Under Dockett No. CV-0000069-07. 16, Plaintiff received via USPS an envelope postmarked 2/5/07from Defendant containing two letters dated 11/1/06 and 1/29/07 hereto attached as "Exhibit G and W. This envelope was the first piece of communication of any type received from Defendant. 17. Plaintiff's (cell) phone number has remained the same unchanged as it appears on original rental application, any and all caller id's or voicemail messages. 18. Judgment was entered for the Plaintiff in the amount of $1262.50 on DJ Dockett CV-0000069-07 on 5/17/07. COUNT I - BREACH OF CONTRACT 19. The plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 to 18 of this Complaint. 20. The Defendant failed to provide Plaintiff with a new lease extension, The Plaintiff did not have a lease and thefore did not break a lease. 21. The Plaintiff did provide ample and appropriate notice when vacating the apartment- 22. Plaintiff left the apartment in excellent condition. 23. Defendant did not contact Plaintiff within the 30 days as outlined by the Pennsylvania Landlord Tenant Act. 24. Defendant did not return the $595.00 security deposit to the Plaintiff. WHEREFORE, the Plaintiff asks that judgment be entered against the Defendant for $1,2626,50 plus interests and costs with such other relief as is deemed just and reasonable by the court. ?2?D1 tl1 LEASE AGREEMENT THIS LEASE IS MADE THIS FIRST DAY OF April 01, 2003 BY AND BETWEEN JIM CONWAY, 1103 DRY POWDER CIRCLE, MECHANICSBURG, PA 17050 HEREINAFTER CALLED THE LESSOR, AND Kelly SmithHEREINAFTER CALLED THE LESSEE. WITNESSED: 1. That the LESSOR leases to the LESSEE, and the LESSEE leases from the LESSOR the premises located at (2nd Floor) 60 HUMMEL AVENUE LEMOYNE, PA 17043 for use only as a private dwe&V place and for no other object or purpose for the period of ONE (1) YEAR corrrrrierxlrrg on the 1st day of Aprl, 2003 and terminating on the 31 st day of March 2004 for the total consideration of $ 7,140.00 of which $ 595.00 per month is to be paid in advance, on or before the 1st day of each month starting April 2003 at such place as the LESSOR might from time to time direct. This lease may not be extended beyond without the written consent of all parties. In the event the LESSEE should default in the payment of the rent, the LESSOR shall have the right, after giving fifteen (15) days notice, at his option to re-enter and take possession of the leased premises and avoid and terminate this lease, or at the option of the LESSOR; the entire rent for the entire4erm of this lease shall at once become due and payable and the LESSOR may proceed in any LEGAL actions including attachment against the LESSEE as though the terms of the lease provided the entire rent for the entire term were to be paid in advance. These provisions are not to be construed by way of limitation but are in addition to any other rights the LESSOR may have. 2. The LESSEE shall upon execution of this LEASE pay to the LESSOR the sum of $ 595.00, as SECURITY and PROPERTY deposit, which LESSOR may apply only to remedy any default of the LESSEE in the faithful performance of all of the terms, conditions and covenants the LESSEE has undertaken, including the payment of rent. -At the termination of this lease the LESSEE shall deliver up to the LESSOR the leased premises in the same condition as when originally leased excepting normal wear and tear. 3. Prior to the execution of this lease, it is acknowledged that the premises were inspected by the LESSOR and found to be in disrepair or otherwise deficient as hereafter enumerated. It is agreed that action to be taken with respect to each item of disrepair or deficiency shall be as follows. DISREPAIR OR DEFICIENCY ACTION TO.BE TAKEN COST TO BE PAID BY Other deficiencies or items of disrepair exist at the beginning of the term, which are noted by the Lessee after taking occupancy of the premises shah be reported to the LESSOR in writing not more than ten (10) days after taking occupancy or shall be DEEMED to be waived by the LESSEE. Page 1 of 4 Pages NO PETS NON-SMOKING; BUILDING' NO PETS LEASE _ AGREEMENT 4. The LESSEE shall not sublet or assign his rights to this lease of said premises without the express written consent of LESSOR. 5. Utility charges are to be paid as follows: . REM TO BE PAID BY HEAT LESSEE ELECTRICITY LESSEE TELEPHONE LESSEE WATER/SEWER/GARBAGE LESSOR 6. The LESSEE shall promptly repair at his own expense any damage to the property which may occur by. reason of his own negligence or the negligence of any.member of his/her family, invites, or guest and all damage caused by pet animals owned by the LESSEE, member of his family, invites, and guests but shall not be responsible far ordinary wear and tear. Required maintenance and other repairs, not the result of the LESSEES negligence are to be paid as follows where applicable. The LESSOR is to make any or all major repairs to maintain the leased premises, specifically but not by way of limitation, the LESSOR agrees to make needed repairs to the heating and/or air conditioning system and the pkurbitg and wafter system not caused by the negligence of the LESSEE when notified in writing of the need for such repairs. (A repair will be considered major if the cost thereof exceeds THIRTY FIVE (535:00) dollars minor N equal or less than that amount). The LESSOR mast make such repairs as soon as is practicable but in no case such repair period shag exceed thirty (30) days after written notice by LESSEE or LESSOR has the right to terminate said lease upon written notice to the LESSOR, -the LESSEE shag maintain the premises including reasonably, habitable and condition, and specifically, but not by way of limitation, make minor repairs or replacement of air conditioner filters, minor plumbing and the electrical system (such as replacement of tight bulbs, etc.) 7.The LESSEE has no authority to make any alterations to the premises or to incur any debtor or make any charge against the LESSOR or create any lien upon the lease property for any work done or materials furnished without the express consent in writing of the LESSOR. Any television antenna or other fixtures installed by the LESSEE shall be at his or her own. expense shag be affixed in a manner which will not damage the BUILDING, shag be removed by LESSEE at the expiration of the lease. In the event such antenna, or other fixture, or other personal property of the LESSEE is not removed at the expiration of the lease, the LESSOR may treat the same abandoned and charge the LESSEE the cost actually paid for removal. 8.This lease will terminate if the premises become uninhabitable because of dilapidation, condemnation, fire or other casualty for a period in excess of one month. Except in the. case of fine caused by the negligence of the LESSEE, a member- of his/her family, invites or guest, rent shag abate for any period the premises are uninhabitable. Page 2 of 4 Pages S011 01,T_ NO PETS NON-SMOKING BUILDING NO PETS LEASE AGREEMENT 9. LESSEE will allow LESSOR, or any agent of the LESSOR. duly authorized in writing to enter upon the premises for purposes of inspection at reasonable times and during last month of this LEASE will permit the posting of customary "FOR RENT" or "FOR SALE" signs and after reasonable telephone notice will permit the LESSOR or his agent to show the premises to prospective LESSEE or purchasers. 10.This lease is binding upon the LESSOR, his executors, administrators, heirs, next of kin, or assignee and the LESSEE, his executors, administrators, heirs, next of kin, or assignees except as provided for below in the military clauses. 11.TERMINATION OF LEASE. Landlord may terminate this without cause by giving Thirty (30) days prior written notice to tenant, but no termination by landlord without cause may take effect during the initial ONE-YEAR term. 12.RENT INCREASE. After the initial one-year term the landlord may increase the monthly rent by giving written notice to the tenant at Thirty (30) days in advance of the first day of the month in which the increase in rent is effective. The rent increase will take effect unless tenant shall terminate the lease as provided in paragraph (11) hereof within ten (10) days after notice of a rent increase is given by the Landlord. 13.NO PETS PERMITTED ON THE LEASED PREMISES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE LESSOR. 6_tt NIC67- _q?E_ 14.Upon termination of this lease the LESSEE shall DRY CLEAN OR POWER STEAM CLEAN THE CARPETS in the lease premises at their own expense. Upon their failure to do so, the LESSOR shall dean the carpets and charge the LESSEE the cost of such cleaning. IS. LESSEE further agrees to abide by the RULES AND REGULATIONS attached hereto and made a part hereof this LEASE. 16. There will be a $35.00 fee for any bad check received from the Lessee; this is in addition to any late penalties imposed by the Lessor. 17.THIS IS A NONSMOKING BUILDING. 18. READ THIS LEASE CAREFULLY BEFORE SIGNING. IN WITNESS WHEREOF, The parties have say their hands and seals to duplicate copies of this LEASE, each of which shall have the same meaning and effect as an origin ,3 -Zs G WITNESS DATE SSOR. ATE O WITNESS DATE LESS E DATE Page 3 of 4 Pages A- Cit) NO PETS NON-SMOKING BUILDING NO PETS LEASE AQREEMENT GUARANTY I (WE) DO hereby agree to be responsible to the LANDLORD for the true and faithful performance of the above -LEASE agreement on the part of the above-named tenant or tenants and we hereby guarantee any and all sums dues to LANDLORD hereunder. This guaranty agreement shall remain in effect throughout the entire term of the LEASE, notwithstanding any increase in rent or renewal thereof WITNESS: DATE GUAFb DATE DATE GUARANTOR DATE * Permission is granted the tenant or tenants to move out early and sever this LEASE with the following provisions: (1) AT LEAST THIRTY DAYS WRITTEN NOTICE,TO LANDLORD. (2) ALL RENTS CURRENT TO THE END OF MONTH. (3) PAYMENT IN ADVANCE AT TIME OF WR17TEN NOTICE :EQUAL TO TWO (2).MONTHS RENT AS LIQUIDATED DAMAGES. The Landlord has the right to declare the within described lease null and void and to immediately terminate all rights of the LESSEE there under if LESSEE shall cause such conduct of any nature whatsoever as to become a nuisance to the tenants thereby affecting the harmonious atmosphere of the neighborhood. LESSEE further waives any and all notice of said termination and shall vacate said premise immediately. PLEASE NOTE: Auxiliary heaters such as portable Electric or Kerosene units are prohibited in the BASEMENT APARTMENT, FIRST FLOOR APARTMENT, SECOND FLOOR APARTMENT, and REAR HOUSE due to fire and insurance regulations. READ THIS LEASE CAREFULLY BEFORE SIGNING ;TENANTS WHO TERMINATE THIS LEASE DURING THE WINTER HEFTING MONTHS NOVEMBER TO APRIL WILL FORFEIT THEIR SECURITY DEPOSIT. Page 4 of 4 Pages (s) RULES AND REGULATIONS Page I of 3 1. TENANT, his or her family, and his or her guests shall not at any time make any noise, or do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comforts, or convenience of any other resident, musical or sound reproducing instruments or singing within the apartments or house shag be inaudible outside the apartment or house between the hours of 10:00 P.M. each night and 8:00 A.M. the following morning. 2. NO PETS of any kind shall be brought or kept in the apartment or house elsewhere on Landlord's property unless Landlord shall consent to the keeping of the pets. 3. No ovemght guest shall be permitted without the prior written approval of the Landlord. There wig be a charge of ten ($10.00) dollars per day starting the third day or night. Ovemiaht ouest must be kept to minimum per month with prior approval by Landlord by 4. Hallways, walkways, stair, storage area, landings, and entry ways shall be used only for access to and from the apartment and house and shall not be used for children's play areas and shall be dear of bicycles, waste receptacles, toys, and any other articles at all times. 5. The parties of the first part shall not be liable for any injury or damage to any person or to any property at any time on said premises or building from any cause whatsoever which may arise by reason of the condition of the premises or building or from ice thereon or from water, rain or snow which may leak into,, issue or flow from any part of the said building or from pipes or plumbing of the same or of any place or quarter or from any other cause, including negligence on the part of the parties of the first part during the said term or any renewed thereof 6. Watering of lawns or car washing by using facilities of the apartment or house is prohibited. 7. Apartment TENANT shall not operate the clothes washing machine or dryer between the hours 9:00 P.M. and 8:00 A.M. 8. All trash and rubbish is to be placed in plastic bags inside containers provided by Landlord. All debris, rubbish, and trash must be placed in proper containers and placed at the trash pick-up point. Tenants supply their own plastic bags. Recycle containers are provided for tenant use and must be placed at trash pick-up point on appropriate day. 9. TENANT shall keep the apartment or house in good and sanitary condition. 10. TENANT shall not leave the apartment or house unattended with any appliance in operation or any lit candles or similar items. 11. The washer and dryer shall not be used by any other person other than the TENANT nor shall the TENANT shall use the washer or dryer for any other person's clothing than that of an authorized occupant of his or her apartment or house. 12. Any monthly lease payment not paid within two (2) days of the due date shall be deemed at late payment. A late charge of Five ($5.00) dollars per day shall be charged for any payment received after two (2) days beyond due date. 13. NO HOLES ARE TO PUT IN THE DOORS. NO HOLES IN THE VINYL WINDOWS. b-\j_4ib?f- A ((a) RULES AND REGULATIONS Page 2 of 3 14. NO HOOKS TO BE PLACED IN THE CEILING OR IN CEILING TILE. 15. TENANT, living on second floor is responsible for cleaning private entrance to the second floor apartment. 16. TENANTS WILL CLOSE ALL WINDOWS WHEN LEAVING THE APARTMENT OR HOUSE. 17. TENANTS shall not change locks or install additional locks without the written consent of the Landlord. 18. RIGHT OF ENTRY Landlord or any person authorized by him has the right to enter the apartments or house, at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease and after proper notice is given, to show the apartment or house to prospective tenants, and/or purchaser. 19. TENANTS, agree that Landlord may change RULES AND REGULATIONS as required to protect the apartments or house or Landlord's other property. 20. These RULES AND REGULATIONS are made a part of the this lease agreement and failure to comply with same shall be cause for termination by Landlord. 21. TENANTS, are responsible for any damage caused by sanitary napkins, pads, and tampons in the toilets 22. PLEASE WHEN HANGING PICTURES USE REGULAR PICTURE HOOKS. 23. No Electric or Kerosene heaters in apartments or house. 24. TENANTS, who terminate this lease during the winter heating months NOVEMBER TO APRIL will forfeit their security deposit. 25. NO WATER BEDS. 26. ALL TENANTS MUST HAVE RENTERS INSURANCE. 27. No holes in kitchen counter or backboard 28. Do not move, change or remove showerhead in bathroom or any water saver in apartments or house. There wig be a Twenty Five ($25.00) dollars per month charge if TENANT OR LESSEE vat v wishes to have a washer in the apartment or house with approval of Landlord. LESSEE will •77C, be charged extra per month if water big exceeds the water bill for the previous two months. 30. TENANTS - are responsible for cleaning carpets before evacuating the premises by means of DRY CLEAN OR POWER STEAM CLEANING. 31. These properties are non-smoking buildings. 32. TENANTS are NOT authorized to remove or disconnect smoke alarm systems. RULES AND REGJjkA_Tl0NS Page 3 of 3 33. NO GREASE products are to be discarded in sinks, toilets, or outside premises. Please use proper trash disposal of these products. 34. Please keep all flammable items off of stove tops, stove burners, and heating areas. 35. No sheets or blankets are to be used as curtains on the premises. 36. There will be a $35.00 fee for any bad check received from the Lessee; this is in addition to any late penalties imposed by the Lessor. (READ RULES AND REGULATIONS CAREFULLY BEFORE SIGNING) UNDERSTAND THE ABOVE MENTIONED RULES AND REGULATIONS AND AGREE TO ABIDE BY THEM. WITNESS DATE LESS DATE LESSEE DATE PET AGREEMENT This agreement, dated April 01, , 2003, is attached to and forms a part of the Residential Lease - Rental Agreement' dated April 01, 2003, between Jim Conway, Management, and Kelly Smith, Resident, for the residential unit located at (2nd Floor) 60 Hummel Avenue, Lemoyne, PA 17043. Resident desires to keep a pet(s) named and described as a cat and dog in the dwelling Tenant occupies under the Lease Agreement referred to above, and because this agreement specifically prohibits keeping pets without Managements permission, Resident agrees to: 1. keep the pet under control at all times. 2. keep the pet restrained, but not tethered, when it Is outside Residents dwelling. 3. not leave the pet unattended for any unreasonable periods. 4. dispose of the pets droppings properly and quickly. 5. not leave food or water for the pet, or any other` animal, outside the dwelling. 6. keep pet from causing any annoyance or discomfort to others and will remedy immediately any complaints made through the Management. 7. get rid of the pets offspring within eight weeks of birth. immediately for any damage, loss„ or expense cased by the pet and, in addition, Resident v will add X0.00 to Resident's secxuitvldeaning deooait any of which may be used for cleaning, repairs, or delinquent rent when Resident vacates. This added deposit, or what remains of it e when pet damages have been assessed, will be returned to Resident within 15 days after Resident proves this pet is no longer kept on the premises. 9. management reserves the right to revoke permission to keep the pet should Resident violate this agreement. Management Resident By Resident ???rV y Ut? LEASE EXTENSION AGREEMENT This extension made this date January 1P, 2004, by and between Jim Conway of 1003 Dry Powder Circle Mechanicsburg, PA 17050, as owner, and Kelly Smith of 2"d floor 60 Hummel Avenue Lemoyne, PA 17043 as resident. The parties hereby have previously entered into a lease regarding the premises located at 2"d floor 60 Hummel Avenue Lemoyne PA 17043. The term off that lease shall expire on March 31 st, 2004. The term of that lease shall now be extended for the period on 12 months with a monthly rental rate of $ 595.00; No rate increase of current lease. Upon execution hereof, of the Lease Extension Agreement, this addendum shall become an integral part of the lease. All other terms and provisions of the lease shall remain in full force and effect. r--\ Resident's signature 1 Date: 7- / v Owner/Manager's signature l Date: 7 V If resident wish not to renew the existing lease on premises noted above, and will vacate the property on or before the expiration date of lease as noted, please sign below and return to Owner 30-days prior to the end of the lease. Resident's signature Date: Owner/Manager's signature Date: ak b f +- 't.`t LEASE EXTENSION AGREEMENT #02 This agreement made March 31St, 2005 by and between (Lessor) Jim Conway and (Lessee) Kelly Smith Whereas, Lessor and Lessee, have entered into a certain lease agreement date April 01st, 2004 for the rental of a certain apartment Second Floor 60 Hummel Avenue Lemoyne, PA 17043. Whereas, Lessor and Lessee, desire to extend the duration of said lease. Now therefore, for value received, receipt of which is hereby acknowledged by Lessor, the parties agree as follows: 1. The termination date of said lease is hereby extended from March 31st 2005 to and including March 31st, 2006. 2. The monthly rental amount during the aforesaid extension period will remain $595.00 through March31 st, 2006. 3. Except as modified hereby, the ten`ns and conditions of aforesaid Lease are hereby confirmed and ratified and made a part of this agreement and said lease shall remain in full force and effect. In witness whereof, this agreement has been duly executed by the parties hereto on the day ands year first above written. Date: 3 /&I o S Date: : l Lessor: vri? a6 b)-4- `4d ,V October 11, 2006 Jim Con-W 1103 Dry Powder Circle Mechanicsburg, PA 17050 Dear Mr. Conway This letter is official notice that I will be moving out of my apartment here at 60 Hummel Ave 2nd Floor. I will be moved out by November 15, 2006. My mail will be forwarded so please return my security deposit to me by mailing it to this address. Thank You. Kclly. Smith 60 Hummel Ave 2°a Floor Lemoyne, PA 17043 January 16, 2007 Jim Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 Dear Mr. Conway The end of my tenancy at 60 Hummel Ave 2nd Floor, Lemoyne was 11/15/06. You received notice of this by US Postal Service Certified Delivery Confirmation on 10/13/06. It has now been 61 days since the end of my tenancy. During this period you have neither returned my $595.00 security deposit, nor given me a list of damages for which you are withholding some portion of my deposit. You forfeited the right to claim I made any damages to the apartment (there were none) after 30 days. The purpose of this letter is to inform you that unless I have received my $595.00 security deposit by 1/31/07 I will file with the District Justice as provided by the Pennsylvania Landlord Tenant Act. You may send my deposit to the address below. Sincerely, Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 f A. ? ?, u January 24, 2007 Jim Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 Dear Mr. Conway Enclosed you will find a copy of my letter dated 1/16/07. I sent this letter to you on that date via LISPS Certified Mail with signature request. The Postal Service confirms they left a notice for you on 1/17/07 that the letter was available for you to pick up. As of this date you have not picked up the letter (or requested redelivery to your home). This 1/24/07 letter will be sent to you via USPS Delivery Confirmation which will document your receipt of the letter at your home address listed above. All facts and dates named in the 1/16/07 letter will still apply. Sincerely, Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 a?CJF)y I tk ( 4 Bllyw? 3., November 01, 2006 Ms. Kelly Smith 2"a Floor 60 Hummel Avenue Lemoyne, PA 17043 Dear Ms. Smith, i\) eAV P-0. 4,51oq I have received your letter dated October 11, 2006 advising me you will be breaking your lease and moving out by November 15, 2006. First, thank you for the notice that you will be moving. in accordance with your lease, dated April 04, 2004 in which it has been extended each year through March 31n, 2007, please note the following which is in the original lease page 4: (1) AT LEAST THIRTY DAYS WRITTEN NOTICE TO LANDLORD. (2) ALL RENTS CURRENT TO THE END OF MONTH. (3) PAYMENT IN ADVANCE AT TIME OF WRITTEN NOTICE EQUAL TO TWO (2) MONTHS RENT AS LIQUIDATED DAMAGES. TENANTS WHO TERMINATE THIS LEASE DURING THE WINTER HEATING MONTHS NOVEMBER TO APRIL WILL FORFEIT THEIR SECURITY DEPOSIT. With this agreement you signed, you still owe me for the half month of November, which you only paid half, and the 2 month rent for liquidated damages. Please forward all monies due to the following address: 1103 Dry Powder Circle Mechanicsburg, PA 17050 I wish you good luck with your move and I hope you have found a nice place to live. Sincerely, Jim Conway (717) 805-5573 January 29, 2007 Ms. Kelly Smith 710 Quaker Circle #5 Lewisberry, PA 17339 Dear Ms. Smith, B?4? b + P I have received your letter dated January 16, 2007. t JZ1 ?' f\1 Z'S 10-4- For the record I did send you a letter, per your instructions in the letter dated October 11, 2006 to the address you stated. See the attached. I assumed you were avoiding paying me the balance of your lease and I had no forwarding address from you and did not know where to track you down. In regards to damages, they were minimal: The stairwell carpet needed to be cleaned. Stairwell walls scraped up with your move. Railing were not replaced Under refrigerator, filthy with hair braids, needles, toys, etc Window blinds all broken and left in closets oven not cleaned overall dirt from not being cleaned on fixtures and vents As far as your security deposit, you forfeited as I explained in your first letter. If you would like to make payment arrangements for the 2 % months you still owe me, you can either call, email, or mail me. 1103 Dry Powder Circle Mechanicsburg, PA 17050-1976 Email: jimconw(cpyahoo.com (717) 805-5573 VERIFICATION I; Kelly S. Smith, am the Plaintiff in the foregoing Complaint and hereby verify that I have reviewed the foregoing document and to the extent that it contains facts supplied by, or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa..C.S.A. s4904, relating to unswom falsifications to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY S. SMITH Vs. Jim Conway Plaintiff CIVIL DIVISION No. 07-3525 Civil Term Defendant CERTIFICATION OF SERVICE I, Kelly S. Smith hereby certify that a true and correct copy of this Complaint was served upon Defendant Jim Conway by USPS Certified Delivery Confirmation and via First Class Mail on July 12,2007. Kj?' >'? -11 IgI 0-7 Kelly S. Smith ra [`:7 Q 3 .... + Z -r-) Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 Pro Se KELLY S. SMITH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Vs. NO. 07-3525 (Civil Term) JIM CONWAY Defendant DATE OF SERVICE: 8/9/07 DJ APPEAL 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 A Kelly S. Smith Date: U j "% KELLY S. SMITH Vs. JIM CONWAY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Defendant NO. 07-3525 (Civil Term) CERTIFICATE OF SERVICE I, Kelly S. Smith, hereby certify that a true copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served this date upon the below-referenced individual at the below listed address by way of USPS Certified Delivery Confirmation and via First Class Mail, postage pre-paid: Jim Conway 1103 Drypowder Circle Mechanicsburg, PA 17050 Date: ?R a b - "9- k Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 (717) 903-2756 COD D Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 KELLY S. SMITH Plaintiff Vs. JIM CONWAY Defendant Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3525 (Civil Term) CIVIL ACTION PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT, JIM CONWAY TO THE PROTHONOTARY OF SAID COURT: Please enter default judgment in favor of the plaintiff, Kelly S. Smith against defendant, Jim Conway, for failure to answer or otherwise respond to the Complaint-Civil Action. The Complaint was served upon defendant on July 12 2007 by USPS Delivery Confirmation. A copy of Delivery Confirmation ma ling old the affidavit Of service are attached hereto as Exhibit "A". A copy of the Notice of Intent to Enter Default Judgment served upon the defendant on August 9 2007 via USPS Delivery Confirmation is attached hereto as Exhibit "B" Assess damages as set forth below: Amount Claimed in Plaintiff's Complaint: Costs: Total: Date: September 5, 2007 $1,262.50 $ 247.72 $1,510.22 Kelly S. Pro Se Judgment entered and damages assessed as above. Prothonotary /r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY S. SMITH Vs. Jim Conway Plaintiff CIVIL DIVISION Defendant No. 07-3525 Civil Term CERTIFICATION OF SERVICE I, Kelly S. Smith hereby certify that a true and correct copy of this Complaint was served upon Defendant Jim Conway by USPS Certified Delivery Confirmation and via First Class Mail on July 12,2007. CKAY S. Smith DaWERy CONFIRMATION NUMBER. 0304 3490 0002 8220 5745 J JAL ?. ' 'V 17 -0 T Search Results Label/Receipt Number: 0304 3480 0002 8220 8748 Status: Delivered ?q Your item was delivered at 2:30 PM on July 13, 2007 my MECHANICSBURG, PA 17050, Addirw" Details > Netwa to USPS.com Hoorn > Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. G , X Z e v 21 n ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ®1999-2004 USPS. All Rights Reserved. Terms or Use Privacy Policy http: //trkcnfrm I.smi,usps.com/PTSIntemetWeb/InterLabellnquiry.do 7/18/2007 C y Z 0 r Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 KELLY S. SMITH Plaintiff Vs. Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3525 (Civil Term) JIM CONWAY Defendant DJ APPEAL DATE OF SERVICE: 8/9/07 0 0 44 •J 1 r O Zc:_ c? ): w - pQ z rn D C: Co 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (3/q /&I Date: Kelly S. Smith V?) 10I 1 `(b" 1 i KELLY S. SMITH Vs. JIM CONWAY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Defendant NO. 07-3525 (Civil Term) CERTIFICATE OF SERVICE I, Kelly S. Smith, hereby certify that a true copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served this date upon the below-referenced individual at the below listed address by way of USPS Certified Delivery Confirmation and via First Class Mail, postage pre-paid: Jim Conway 1103 Drypowder Circle Mechanicsburg, PA 17050 Date: $ q' 0 Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 (717) 903-2756 ,? 't USPS - Track & Confirm UNITEDSTATES POSTAL SERVKEe Track & Confirm Search Results Label/Receipt Number: 0304 3400 0002 8220 6531 Status: Delivered Your Main was delivered at 2:06 PM on August 10, 2007 in MECHANICSBURG, PA 17050. Posta?`Ser+rto Ivery C.onflrmadon Receipt ,a Postage and Delivery Wifirmatioll'TOMTO be paid before mailing. C3 ;w• ru o-, o POSTAL CUSTOMER: C3 Keep this receipt. For inquiries: C3 t Access intemet web site at M WWW.WM.COM e or call 1-800-222-1811 M p 9 S G ?? 119priahy Mali service C3 SAS, da EIFIm Cisss Malrpwcel pwad Ender LabeVPAw pt Number. Additional Deaths > Return to USPS.can Noma > Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or odwn by email. Go > ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ®1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 8/11/2007 1 ?1 j 1 1 r` 1 Q ?S 5 CERTIFICATE OF SERVICE I, Kelly S. Smith, Plaintiff in this matter, hereby certify that a true copy of the foregoing Praecipe for Judgment of Non Pros was served this date upon the below-referenced individual at the below listed address by USPS Delivery Confirmation, which is an adequate form of service pursuant to PaR.C.P.D.J. No. 1005: Jim Conway 1103 Drypowder Circle Mechanicsburg, PA 17050 Kelly -9. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 (717) 903-2756 Date: September 5, 2007 r V C ? C) -n ^J' t - ? i-. f_}111 1 ` Kelly S. Smith 710 Quaker Circle 5 Lewisberry, PA 1739 (717) 903-2756 shewwolf550 yahop.com KELLY S. SMITH Vs. JIM CONWAY TO THE Issue a Wr. County, for debt, i defendant: tangib Defendant at-ie f Jim Conway 1103 Drypowder Mechanicsburg, P. Plaintiff Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DEFAULT JUDGMENT NO. 07-3525 AMOUNT DUE: $ 1,510.22 INTEREST: $ COSTS: $ Defendant PRAECIPE FOR WRIT OF EXECUTION ARY OF SAID COURT: of Execution in the above matter to the Sheriff of Cumberland serest and costs, upon the following described property of the personal property. Please issue this Writ of Execution against the 17050 Respectfully Submitted, Kelly S. Smith 710 Quaker Circle #5 Lewisberry, PA 17339 (717) 903-2756 Date: By: Pro Se -r ? 7 °O Y f w ?L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3525 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt„ interest and costs due Kelly S Smith 710 Quaker Circle #5, Lewisberry, Pa. 17339 Plaintiff (s) From Jim Conway 1103 Drypowder Circle, Mechanicsburg, Pa. 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell tangible personal property (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 fbr 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$ 1,510.2 L.L. Interest Atty's Comm % Atty Paid Plaintiff Paid $38.00 Date: October 9, 2007 (Seal) Due Prothy $2.00 Other Costs J.-T/ 2 4tlk u is R. Long, Prothonotary j,. By: Deputy REQUESTING PARTY: Name Kelly S. Smith Address: 710 Quaker (Circle #5 Lewisberry, Pa. 17339 Attorney for: Telephone: (717) 903-756 Supreme Court ID NO. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 30.21 2.00 10.56 20.00 20.00 100.77 ?/z?o4/e?C- Pd by Defendant So Answer R. Thomas Kline, Sheriff r Clau i kB&rewbU6a C.r? /p WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3525 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Kelly S Smith 710 Quaker Circle #5, Lewisberry, Pa. 17339 Plaintiff (s) From Jim Conway 1103 Drypowder Circle, Mechanicsburg, Pa. 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell tangible personal property (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$ 1,510.22 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid Other Costs Plaintiff Paid $38.00 Date: October 9, 2007 r, urtis R. Long, Prothonotary (Seal) By: L }a ? x l.C 2 t?t c ci Deputy REQUESTING PARTY: Name Kelly S. Smith Address: 710 Quaker Circle #5 Lewisberry, Pa. 17339 Attorney for: Telephone: (717) 903-2756 Supreme Court ID No. DISTRIBUTION ATTY FOR PLTFF: Kelly Smith WRIT NO. 2007-3525 Civil Kelly S. Smith -vs- Jim Conway Real Debt $ Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees 1510.22 8.00 548.22 Sheriffs Costs: Docketing $ 18.00 Poundage 30.21 Posting Sale Bills Law Library Prothonotary 2.00 Service 10.56 Postage Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee 20.00 Levy TOTAL $ 100.77 Defendant Paid to Sheriff $ 1648.99 Advance Costs 150.00 Total Collected $ 1798.99 DISTRIBUTION Pd. To Pltff. $ 1698.22 Refund of Adv. Costs 150.00 Pd. To Prothonotary 2.00 S g '?A: R. Thomas Kline, Sheriff By