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HomeMy WebLinkAbout07-3722^s{i COAMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D 7- 37aa C I v I Tit 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. c ur u?. ov/ ?_ori -T. 03 tch J. ? I rf1/ n o h v 17az5DATE OF DGM IN T E PF PlaintiA) (? r ?i 0 7 1 ars e ,? UI S DOCKET No. ko n SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 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 Prothonotary or Oeputy was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 L r Enter rule upon e? Y 1 +e.1 appellee(s), to file a complaint in this appeal W)a. Name of appellee(s) (Common Pleas No. 67 ':? 7, a ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. L a Signature of appellant or attorney or agent RULE: To 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: JUC1L A I 20 I ?S/ ld?t t_ IC. DKA Signal of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 100• PROOF OF SERVICE OF NOTICE OFAPPEAL 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) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on , 20 Signature of affrant tp ? n ?q d C... oJO J ? ??` ?" ? 6M v N N N -.1 W OD Z a 1 r r -*. COMMONWEALTH OF PENNSYLVANIA (:nl INTY nF• CU11MERLAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 9 8 S ENOLA DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS 5MLTERS, JEFFREY L 86 GREENWOOD CIRCLE 07" 37aa woRxLzYSBURG, PA 17 043 C iv i I L Ter»t J DEFENDANT: FRORI, LOUIS 110 SECOND STREET WEST FAIRVIEW, PA v8. NAME and ADDRESS APT/STE C 17025 L J LOUIS 80RI 110 SECOND STREET APT/STE C Docket No.: LT-0000153-07 PEST FAIRVIEW, PA 17025 Date Filed: 5/24/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) WALTERS, JEFFREY L Judgment was entered against EORI, LOUIS in a Fx-] Landlord/Tenant action in the amount of $ 2,045.00 on 6/11/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 435 , 00: The total amount of the Security Deposit is $ 435.00 Total Amount Established b MDJ Less • Security Deposit Applied = Rent in Arrears $ 1,40.50 - $ .00= Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ .00-$ -60= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ® Possession granted. ? Possession granted if money judgment i ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount 1,940.50 .00 $ _00 $ .00 $ _00 $ IF940_50 $ 104 . -r%O $ _00 $ - 2,045.00 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY 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 MAGISTERIAL DISTRICT JUDGES, 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 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. ( - Q'zj? Magisterial District Judge / Date certify at this is a true an o t copy t rec a ro s containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AO C 31, 06 . Ln a 0 0 0 M D, Postage 1 $ rq 0 certified Fee E3 Return Reciept Fee (Endorsement Required) C3 Restricted Delivery Fee cD (Endorsement Required) r'1 m Total Postage & Fees N Postmark m Z) CZ5 Nil v~2 z 9 ?c,2 bINdr? COMMONWEALTH F PE SYLV ZCL-1; A COUNTY OF Lm oe ss a: AFFIDAVIT: I hereby (swear) (affirm) that I served C7 C Z (v . J na 0 N Co Q n MM r? a copy of the Notice of Appeal, Common Pleas v7 3 722.won the District Justice designated therein on (date of service) g ! , 2007 yb, personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 4-7 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN (?[CIRMED) AND SUBSCRIBED BEFQRE ME THIS DAY OF ?- 2 1 r Signature of o t before whom afl4dawt was made No Title of official My commission expires on I I q 20 . WTAWL.SM JGC I&SMNOTARYPUlN,IC f r Signature ofaffiant l PROOF OF SERVICE OF NOTICE OFAPPEAL 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.) 1LAJMMUNVVenlr I h ur rCNNSYLV COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07 3qAd (E 1vt i Teli 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. .._ ... o J - I J(S.?A Va he rT 1 6 ADTIS APPELLANZ I zip co y orl oi L j 66oc) i53-C7 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. Prothonotary or Deputy was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND LE TO FILE (This section of form to be used ONLY whenrrvppellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(T),, in action before District Justice. IF NOT USED, detach from copy of notice of appeV to be served upon appellee PRAECIPE: To Prothonotary ,(? } Enter rule.upon t? .? L, `? L i +e, r 5 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. - 3 I a ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature &appellant or kttomey or agent RULE: To appellee( S) Name of a llee(s) (1) You arenotlfdt 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`uporr,Ou Iii" eVtsonal service or by certified or registered mail. ` (2) I(you do not file a0complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of tfl'is rule if service was by mail is the date of the mailing. &AX oa3 &I 20 p? 1sl Date: JUne J _ r? Signal of Prothonotary or Deputy YDU RkUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 JEFFREY L. WALTERS, IN THE COURT OF COMMON PLEAS 86 GREENWOOD CIRCLE OF CUMBERLAND COUNTY, WORMLEYSBURG, PENNSYLVANIA CUMBERLAND COUNTY, PA 17043 CIVIL ACTION - LAW Plaintiff V. NO.: 07-3722 CIVIL TERM LOUIS M. KORI APPEAL FROM DISTRICT JUSTICE 110 WEST SECOND STREET JUDGMENT WEST FAIRVIEW, CUMBERLAND COUNTY, PA 17025 Defendant 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 is 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 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 and 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 Cumberland County Courthouse 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 JEFFREY L. WALTERS, 86 GREENWOOD CIRCLE WORMLEYSBURG, CUMBERLAND COUNTY, PA 17043 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-3722 CIVIL TERM LOUIS M. KORI APPEAL FROM DISTRICT JUSTICE 110 WEST SECOND STREET JUDGMENT WEST FAIRVIEW, CUMBERLAND COUNTY, PA 17025 Defendant 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 denanda y la notification. Usted debe prensentar una apariencia escrita or en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no de difiende, 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 demanda. Usted puede perder dinero o sus propiedades o ostros derechos imprtantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIANTEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Courthouse 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 JEFFREY L. WALTERS, 86 GREENWOOD CIRCLE WORMLEYSBURG, CUMBERLAND COUNTY, PA 17043 Plaintiff V. LOUIS M. KORI 110 WEST SECOND STREET APT. C., WEST FAIRVIEW, CUMBERLAND COUNTY, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT COMPLAINT AND NOW, comes the Plaintiff Jeffrey L. Walters, by his attorneys, Mark S. Silver, Esquire, and Joseph A. Klein, P.C., and sets forth his claims for rent and possession (eviction) of the premises as follows: 1. Plaintiff Jeffrey L. Walters is an adult citizen of the Commonwealth of Pennsylvania, residing at 86 Greenwood Circle, Wormleysburg, Cumberland County, Pennsylvania 17043, and together with his wife Beth A. Walters is the legal owner of certain improved real property situate at 110 Second Street, West Fairview, Cumberland County, Pennsylvania 17025. 2. Defendant Louis M. Kori is an adult citizen of the Commonwealth of Pennsylvania and resides at 110 Second Street, Apartment "C", West Fairview, Cumberland County, Pennsylvania 17025, an apartment contained in the 110 Second Street property owned by Plaintiff Jeffrey L. Walters and his wife Beth A. Walters. 3. On October 1, 2004, Plaintiff in his capacity as "Lessor", entered into a "Lease Agreement" with Defendant Louis M. Kori, identified therein as "Tenant", for apartment "C" within Plaintiff s above-described real estate situate at 110 Second Street, West Fairview, Cumberland County, Pennsylvania 17025. A true and correct copy of the aforesaid "Lease Agreement" is attached hereto as Exhibit "A", incorporated herein by reference. 4. The initial term of the aforesaid "Lease Agreement" was 12 months, commencing October 1, 2004, and continuing for similar successive periods until the Lease is terminated. 5. Paragraph 1 of the aforesaid "Lease Agreement" relating to "Rent" provides as follows: 1. RENT - To pay rent in the sum of $435.00 dollars payable in advance starting October 1, 2004, and continuing so long as this lease shall be in force. A late fee of 10% will be charged as additional rent when rent is five (5) days past due period. 6. Paragraph 8 of the aforesaid "Lease Agreement" provides as follows: 8. 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 "Lessor", as the case may be. Time of notice shall be -in the case of service by mail two (2) days from the date the notice was deposited with the post office or any mail box. As concerns the personal service, time of notice shall be the time that actual service was made. No notice shall be given by "Lessor" to "Tenant" for failure to pay rent. 7. Paragraph 9 of the aforesaid "Lease Agreement" provides as follows: 9. DEFULT (sic) - If there is a default in payment of "rent" or breach of any terms of this lease, "Lessor" may obtain immediate possession of the "Premises" using the available legal processes. 8. Paragraph 13 of the aforesaid "Lease Agreement" provides as follows: 13. FAILURE TO PAY RENT - The failure to abide by all the conditions and terms set forth in this lease including the failure to pay rent shall constitute a default and shall give "Lessor" the option to: (a) Have the immediate right to possession of the "Premises" upon the terms and conditions set forth above; or (b) May forfeit any damage or security deposit as liquidated damages if the condition breached is determined by competent authority as substantial; the said "Tenant" and "Lessor" agree the said amount of damages for the breach of said terms are not capable of ascertainment; "Lessor" shall have any of the rights provided by law contained in this lease or any other statute or the common law and may utilize and combination of the same. (c) No notice by "Lessor" need be given to "Tenant" for failure to Pay Sent (sic) for Eviction Process. 9. Paragraph 19 of the aforesaid "Lease Agreement" provides as follows: 19. STRICT PERFORMANCE - The failure of the "Lessor" to insist upon strict performance of the terms of the agreement shall not operate nor be considered as a waiver, release or relinquishment thereof. COUNTI CLAIM FOR RENT JEFFREY L. WALTERS, PLAINTIFF V. LOUIS M. KORL DEFENDANT 10. Paragraphs 1 through and including 9 above, are incorporated herein by reference as though fully set forth at length. 11. As of the date of filing the instant Complaint, Defendant Louis M. Kori has failed to pay rent in the amount of $435.00 per month in accordance with the aforesaid "Lease Agreement" for the months of April, 2007; May, 2007; June, 2007; and July, 2007, which unpaid rents total the sum of $1,740.00. 12. Rents for the months of April, 2007; May, 2007, June, 2007; and July, 2007 remain unpaid in any amount whatsoever, and as such, are considered "late" pursuant to Paragraph 1 of the aforesaid "Lease Agreement". The late fee of 10%, or $43.50, is thus currently due and owing for each of the aforesaid four (4) months, or a total charge including July, 2007, for late fees of $174.00, the same calculated in accordance with Paragraph 1 of the "Lease Agreement". 13. On December 11, 2006, Defendant wrote his check number 1110 drawn on Community Banks payable to "Jeffrey Walters" for "Nov. Rent" in the amount of $435.00, which check was unavailable for either cashing or depositing into the account of Plaintiff Jeffrey L. Walters for the reason set forth by the bank on the face the check "Not Sufficient Funds". A true and correct copy of the returned check of Defendant number 1110 is attached hereto as Exhibit "B", incorporated herein by reference. 14. On May 15, 2007, Defendant Louis M. Kori wrote his check number 110 drawn on Commerce Bank payable to "Jeffrey Walters", allegedly for "April" rent, in the amount of $435.00, which check was returned by the bank and stamped for purposes of reason for return "Not Sufficient Funds". A true and correct copy of the aforesaid check number 110 of Defendant is attached hereto as Exhibit "C", incorporated herein by reference. 15. In its "Chargeback Notice" for account 12501763, Mid Penn Bank charged Plaintiff Jeffrey L. Walters the sum of $10.00 as a handling fee for the returned check; the same returned due to "Not Sufficient Funds" on account in Defendant Louis M. Kori's account at Commerce Bank as of that time. A true and correct copy of the "Chargeback Notice" sent to Plaintiff Jeffrey L. Walters by Mid Penn Bank is attached hereto as Exhibit "D", incorporated herein by reference. 16. On March 13, 2007, Plaintiff Jeffrey L. Walters provided written notification to Defendant Louis m. Kori, which notice contained "Notice of Lease Termination" for the subject premises (110 Second Street, Apartment "C") and as well, contained a demand for payment of rent and expressed Plaintiff s right to further or otherwise prosecute Defendant for the unsatisfied insufficient funds check previously identified herein as Exhibit "B". A true and correct copy of the March 13, 2007 letter sent to Defendant Kori by Plaintiff Jeffrey L. Walters is attached hereto as Exhibit "E", incorporated herein by reference. 17. Plaintiff Jeffrey L. Walters is entitled to, and thus makes claim against Defendant Louis M. Kori for the cumulative total of all rent, together with late fees, and chargeback costs for the insufficient funds checks issued by Defendant to Plaintiff; in the amount of $ 2,359.00. WHEREFORE, Plaintiff Jeffrey L. Walters hereby claims and demand judgment against Defendant Louis M. Kori in the amount of $ 2,359.00, together with interest, costs, and expenses, and attorney fees, as further claimed. COUNT II PLAINTIFF. JEFFREY L. WALTERS V. DEFENDANT LOUIS M. KORI IN EVICTION 18. Plaintiff, Jeffrey L. Walters hereby incorporates Paragraphs 1 through and including 17 of this Complaint by reference as though fully set forth herein. 19. 13 of the aforesaid "Lease Agreement" provides as follows: 13. FAILURE TO PAY RENT - The failure to abide by all the conditions and terms set forth in this Lease including the failure to pay rent shall constitute a default and shall give "Lessor" the option to: (a) Have the immediate right to possession of the "Premises" upon the terms and conditions set forth above; or (b) (c) No notice by "Lessor" need be given to "Tenant" for failure to Pay Sent (sic) for Eviction Process". As a result, and in accordance therewith, Plaintiff Jeffrey L. Walters hereby claims entitlement to the eviction of Defendant Louis M. Kori from the subject premises and apartment and the immediate vacation by Defendant Louis M. Kori of any and all of his personal belongings and personal property, and the immediate surrender of the apartment to Plaintiff Jeffrey L. Walters. WHEREFORE, for all of the reasons set forth above, Plaintiff Jeffrey L. Walters hereby claims and demands judgment in eviction on his behalf and against Defendant Louis M. Kori and an immediate return of the subject apartment known as Apartment "C", 110 Second Street, West Fairview, Cumberland County, Pennsylvania 17025. together with all costs, fees, expense, and attorney fees incurred in this action. COUNTY III JEFFREY L. WALTERS, PLAINTIFF V. LOUIS M. KORL DEFENDANT COMPLIANCE WITH LOCAL RULE 1301-1 20. The claims set forth above in Count I and II do not involve, cumulatively, amounts in controversy in excess of Thirty-Five Thousand ($35,000) Dollars; this case upon conclusion of all pleadings is required to be heard by a Board of Arbitrators of Cumberland County and at the appropriate time a petition from the appointment of arbitrators will be filed and served. Respectfully submitted, JOSEPH A. KLEIN, P.C. t By: &(d k.- Mark Si er, Esquire I.D. No. 09825 500 North Third Street, 7t' Floor P.O. Box 1152 Date: July 16, 2007 Harrisburg, PA 17101 (717) 233-0132 Attorney for Jeffrey L. Walters >' 0 LEASE AGREEMENT SE<Oiv? c;: 7QC-,62T Village of West Fairview East Pennsboro Township, Cumberland County, Pennsylvania Made this f day of 2004, between 7FFE W /4 C. e S of Cumberland County, Pennsylvania hereinafter called "Lessor" and Lou I S. J<?.p ) of ( U M ISE t L ft! Q hereinafter called "Tenant". TERM - "Lessor" intending to be legally bound hereby Upon the following terms and conditions leases to "Tenant" the "Premises" located at f 10 C S E C Cy48 S7-#_XrT , Village of West Fairview, East Pennsboro Township, Cumberland County, Pennsylvania for a term of months beginning 4LTa ?5?2 200A-, and continuing for similar successive periods until this lease is terminated as provided below. "Tenant" and "Lessor" intending to be legally bound and in consideration of this lease agree: 1. RENT - To Pay rent in the sum of $ 6a dollars per month payable in advance starting QC Ta1Q r 200, and continuing so long as this lease shall be in force. A late fee of 10% will be charged as additional rent when rent is five (5) days past due. 2. USE - To use the "Premises" for residential use only. No more than 4 persons shall reside therein without "Lessor's" consent. ?/ 00 3. SECURITY and DAMAGE DEPOSIT - To pay to "Lessor" a security and damage deposit of $ T _Z1_ ; said deposit to be refunded at the end of this lease, unless "Tenant" should be in default, or should otherwise violate the terms of this lease in which the said amount may be utilized and credited against any amount as may be subsequently determined to be due "Lessor". In addition, "Tenant" recognizes that the "Premises" are in good and sound order and condition, and agrees to maintain the "Premises" and deliver the same up to "Lessor" in the same condition at the end of this lease less reasonable wear and tear. "Lessor" shall within thirty (30) days of, termination of the lease or upon surrender and acceptance of the "Premises", whichever first occurs, shall provide "Tenant" with a written list of any damages to the "Premises" for which "Lessor" claims the "Tenant" is liable. 4. PERIOD OF INITIAL POSSESSION: Inasmuch as "Tenant" is taking possession on 0G_V6(-2 , 200-I which is © -days before the I" of the next calendar month, "Tenant" shall pay herewith the sum of $ ! to cover the period of initial it* possession, $ , 3 d10 to pay for the first month rent, and $ /V4 to pay for security and damage deposit, indicating a total due this day of $___q S NDollars. S. SUB - LEASING - "Tenant" agrees to not sub-let the "Premises" nor assign this lease agreement without express consent of "Lessor". Should "Tenant" in violation of this agreement sub-lease the "Premises" without Lessor's consent, any money collected as rent shall be held in trust for the benefit of "Lessor" and upon demand shall be paid to "Lessor". The amount of rent, however, need not be the amount actually collected but shall be the fair and reasonable value of the leasehold so leased by "Tenant". 6. TERMINATION - This lease may be terminated by "Lessor" or "Tenant" by giving thirty (30) days written notice prior to the expiration of any current term of this lease to the other party. 7. UTILITIES - All utilities shall be paid by "Tenant" except, real estate taxes, sewer, water and trash which shall be paid by "Lessor". Z (?E C-T-t-f C D/? f rsY RW4 ` 8. 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 "Lessor", as the case may be. Time of notice shall be-in the case of service by mail two (2) days from the date the notice was deposited with the post office or in a mailbox. As concerns the personal service, time of notice shall be the time that actual service was made. No notice shall be given by "Lessor" to "Tenant" for failure to pay rent. 9. DEFULT - If there is a default in payment of "rent" or breach of any terms of this lease, "Lessor" may obtain immediate possession of the "Premises" using the available legal processes. 10. INSURANCE AND FIRE - It is hereby agreed, between the parties to these presents, that in case the building or buildings erected on the "Premises" hereby leased' shall be partially damaged by fire, the same shall be repaired as speedily as possible at the expense of "Lessor"; that in case the damage shall be so extensive as to render the building un-tenantable, the rent shall cease until such times as the building shall he put in complete repair, but in case of the total destruction of the "Premises" by fire or other wise, the rent shall be paid up to the time of such destruction, and then and from thenceforth this lease shall cease and come to an end, provided, however, that such damage and destruction be not caused by the carelessness, negligence, or Improper conduct of "Tenant", their agents or servants. 11. HOLD HARMLESS - "Lessor" shall not be liable to "Tenant" or visitors for any harm or injuries to "Tenant" or his visitors and "Tenant" specifically agrees to hold "Lessor" harmless for any injuries suffered by "Tenant" or his 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 "Lessor" in writing. 12. CONDEMNATION - Should the "Premises" be condemned by Eminent Domain proceedings, "Tenant" shall be entitled to an damages provided by law for removal from the "Premises". "Lessor" shall be entitled to all other damages. EXHIBIT I "An 13. FAILURE TO PAY RENT - The failure to abide by all the conditions and terms set forth in this lease including the failure to pay rent shall constitute a default and shall give "Lessor- the option to: a. Have the immediate right to possession of the "Premises" upon the terms and conditions set forth above; or b. May forfeit any damage or security deposit as liquidated damages if the condition breached is determined by competent authority as substantial; the said "Tenant" and "Lessor" agree the said amount of damages for the breach of said terms are not capable of ascertainment; "Lessor" shall have any other rights provided by taw contained in this lease or any other statute or the common law and may utilize any combination of the same. c. No notice by "Lessor" need be given to "Tenant" for failure to Pay Sent for Eviction Process. 14. COMPLETION OF LEASE TERM - Either party wishing to terminate this Lease at the end of the term shall give the other thirty (30) days' prior written notice of intention so to terminate. In the event of default of such notice, the "Lease" shall be deemed to be renewed for a like term on like conditions as set forth herein with rent to be adjusted no greater than 5% per annual lease term. 15. RENTERS INSURANCE - "Tenant" is to obtain Renters Insurance before they take possession of property. Renters Insurance shall include at least a minimum of $100,000 of liability insurance. "Lessor" shall not be liable for any injury or damage to any person or any property at any time on the "Premises". 16. PETS - "Tenant" may not keep any pets in or near the "Premises" except N-4 17. NEIGHBPRHOOD COMPLAINT - "Tenant" shall not use the "Premises" for any unwholesome, noisy, or immoral purpose, which offends the residing neighbors nearby. Any practice for which "Lessor" receives a complaint from the neighbors and nearby residents, which continues after written notice to stop such practice, shall render "Tenant" in default and this lease shall be terminated. 18. LEGAL USE - "Tenant" shall not violate any law, regulation or ordinance in his use of said "Premises". 19. STRICT PERFORMANCE - The failure of the "Lessor" to insist upon strict performance of the terms of this agreement shall not operate nor be considered as a waiver, release or relinquishment thereof. 20. NO ALTERATIONS - "Tenant" shall not alter or modify the "Premises" or install any item that is affixed to the real estate without "Lessor's" consent. Any modification or affixing of any item to the "Premises" shall be deemed a fixture and become the property of "Lessor". 21. REFUSE - "Tenant" agrees to place all garbage or refuse at any designated place indicated by "Lessor" and "Tenant" likewise agrees to place all garbage cans and refuse containers at the designated spot indicated by "Lessor" for garbage pick-ups as may be determined by "Lessor". 22. SAFE USE - "Tenant" agrees not to permit any children to run or play in any entrance, hallways, porches, roof or fire escape, if the premise is used by other "Tenant(s)" of "Lessor". 23. CLEAN AND SANITARY CONDITION - "Tenant" shall agree to keep the "Premises" in a clean and sanitary condition, and to remove all ashes or other garbage which may accumulate upon the same during the said term, or any renewal thereof, or failing therein to pay to the "Lessor" double the cost of removing the same to be recovered the same..as,rent due and in arrears; to permit the "Lessor" to display a "for rent" card upon the said "Premises", or showing the said "Premises" at any reasonable time after reasonable notice for the purpose of making necessary repairs, inspection of the "Premises", or showing the said "Premises" to prospective purchasers or "Tenant"s. 24. INVENTORY - The following personal property is inventoried as property of "Lessor": Light Fixtures; Ceiling Fans; Wall Fixtures; Cabinets; Range; Refrigerator; Dishwasher; and 25. LATE FEE -A late fee of 10% will be charged as additional rent when rent is five days past due. Also, a fee of $25.00 will be charged for each returned check and or bank charges attributed to insufficient funds. After ten days, an eviction notice will be served. 27. SMOKE DETECTORS-"Tenant" is responsible for the maintenance of all battery operated smoke detectors. "Lessor" will not be responsible for any damages caused by neglect of the "Tenant"; or failure of the "Tenant" to properly maintain said smoke detectors. This Agreement shall be binding upon the heirs, executors, administrators, succ sors and assi f the parties hereto. Q Witness: Tenant: Dated:_7 zR SS ht Witness: Tenant: Dated: SS #: Witness: Lessor: Dated: / Z9 ?Y MID PENN BANK LOUIS M KORI toae 1111110 711.7321eb ,to c zNo JiMgt t3 050_` 12 UP rtou. PA 11eQa `` DATE /f I1/e 166?oauas LJ .. CommunilyBanks raga ? , r t:0313304'131: OL-36i29L49s' LLLO 6'000004350010 December 22, 2006 December 22, 2006 10020984430 December 22, 2006 $.00 Image Only *031000040* 12/22/2006 a I 6515066644 Q This is a LEGAL COPY o f ti your check. You can use I t o ' the same way you wouId ru a- use the original check. N, r3 ru m RETURN REASON-A rA rv NOT SUFFICIENT ru FUNDS nm m Ln rt o so o rn r9 m i m C3 w 4e:03 L 3 L04 131: 0 Lrrr 36 129 L490 L L LO OP0000043500118 Current Date Account Number: Capture Date: Item Number: Posted Date: Amount: Record Type: o 111412W942169 1031308897< 1219A6aaoMtllerrsbburs. PA 13enk- ?. 10- 0. 0 171 8945094 ^ 11 . - 12202006 ?,1000040 FPJ3_rt17LR WT-4099 .TRC-410© RK_ I S r 05J 3 o ebU?, 7 _ 1?-RZO06 03.3 000040 FPC-PH I LF o- E747,=5653. , RC=5852 Pi=0j ru 0 O cr c 7 r,? R mYn EXHIBIT _ 0 0 W W H Ir. O W O 6+ o a e.OWr o, r O b'' t. O O W *W M W ow rwryti o.NN?, r"Wru r nrbl 0 N.0\ N rU O O O o r a- 40o not er dww er vilb tadoir #ft kw.1 I rrBrr f t -V can use i t ? C3 yyouwouId -,M .,r i g i na l check. N rr Pl G E3 RETURN REASON-A E3 NOT SUFFICIENT 1sT FUNDS 'A aO C3 C3 M r ? ?? 1!-ipII13 Dale r? Dabs 8 I - - Noy ? -- --? ? _ .a For- In I- i:03 L 30 W,61: 53 757301 6n' ? i 10 41:03 L30 L8461: 53?5730 &611.0 L 10 ?I *031000040* - - -- - - a5?laiaoa7 0 110 6415561324 O This Is s LEGAL COPY o f i t Y N n LOUIS M KORI 02-07 1IM 2M0 STRSET - r t ?s++»> ou can use t,. your check. the same way you would ,tea ENOUI.PA17025 'G Da a use the original check. `m tJ []PI u7v ? ? Peyto ? ? $ RETURN REASON-A NOT SUFFICIENT t O A M FUNDS m •' f 10 C -0 ?q 14 eOMM m o Banfc cp- Cm. m 0 For 403L30L8461: 53 757301 611' OL10 100000043Mae, 110 j LX03430LEI 461: 5375730L6'to01L0 0'0000043SOO,,' W. V 0 -1418ML507&4 ?0313?8$nX t< ('10$104&3 0004 IILd PrenR 901VL 051sA7 W PtlIlrr.l>urg. 131 a 07SR555035 0• 0330100040 FRE;-PH7LA ?J C81lT4F812a2TF?C-1690 PKsCrS 05.162W7 031000040 FfiE(-PHILF. 0 EPA -aMID TRIC-3680 PK=01+ 11 M S 1/049451 e' c) 7182007 ti c 1000040 FRS-PK I LA ?. T °•779 7FC=5779 F4:=0] °o 1:? t . XHIBIT IF 11 C 11 1t'OQ0004 3 SDO.t' 1'000004 3 5001' 0 0 0 W W W ? r r 0 o W C3 a O 0 0 W a-orooa ._. rrWrt.s_ to*r» -a U nl W C rawowt- WV'rW.A N n1NW"Wlr o. a 1- I N ru ru O 0 o 0 0 0 -j loo not Ndo1 a or 111&-0 'm alit lm4 LOUIS M KoR1 agar T far- ?IO STRER EMOLA. 7 _ ` AN BANK adafrtng thtnga hagpea for Y"- CHARGEBACK NOTICE JEFFREY L WALTERS BETH A WALTERS RENTAL ACCT/106-108-110 P O BOX 796 CAMP HILL PA 17011 Date: May 23, 2007 Account: 12501763 THE FOLLOWING ITEM(S) HAVE BEEN RETURNED AND ARE BEING CHARGED BACK TO YOUR ACCOUNT .......PAYOR ........ .......REASON....... AMOUNT LOUIS M KORI NSF 435.00 TOTAL ITEMS CHARGED BACK TO YOUR ACCOUNT PLEASE DEDUCT A HANDLING FEE OF: YOUR ACCOUNT BALANCE AFTER THIS ACTIVITY IS EXHIBIT 'ID" 435.00 10.00 255.31 MARCH 13, 2007 LOUIS KORI 110C SECOND STREET WEST FAIRVIEW, PA 17025 RE: NOTICE OF LEASE TERMINATION 110C SECOND STREET WEST FAIRVIEW, PA 17025 DEAR MR. KORI: YOU ARE HEREBY NOTIFIED TO REMOVE FROM AND DELIVER POSSESSION OF THE PREMISES YOU NOW OCCUPY LOCATED AT: 110 Second Street, Unit #C West Fairview, PA 17025 Cumberland County THIS ACTION IS BEING TAKEN BECAUSE YOU HAVE RENT AND JUDGEMENTS DUE. IF PAYMENT IS NOT RECEIVED IN THE TIME GIVEN, YOU MUST COMPLY AND VACATE WITHIN TEN (10) DAYS FROM SERVICE OF THIS NOTICE. FUTHER, THIS LETTER GIVES YOU GREATER THAN 30 DAYS NOTICE OF INTENTION TO TERMINATE THIS LEASE. YOU MUST COMPLY AND VACATE. ON OR BEFORE APRIL 30, 2007. IF YOU FAIL TO HEED THIS NOTICE, I SHALL BE COMPELLED TO PROCEED AGAINST YOU AS THE LAW DIRECTS. IN ADDITION TO THE ALREADY AWARDED JUDGEMENT, I INTEND TO PROSECUTE FOR DAMAGES TO THE UNIT. FURTHER, I RESERVE THE RIGHT TO PROSECUTE FOR THE UNSATISFIED NON-SUFFIECIENT FUNDS CHECK #1110, dated December 11, 2006, copy attached. ANY QUESTIONS SHOULD BE DIRECTED TO JEFFREY L. WALTERS. I CAN BE REACHED AT (717)979-0540. VERY TRULY YOURS JEFFREY L. WALTERS EXHIBIT -E JEFFREY L. WALTERS, 86 GREENWOOD CIRCLE WORMLEYSBURG, CUMBERLAND COUNTY, PA 17043 Plaintiff V. LOUIS M. KORI 110 WEST SECOND STREET WEST FAIRVIEW, CUMBERLAND COUNTY, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT VERIFICATION The undersigned Jeffrey L. Walters, hereby verifies and states that: 1. He is the named Plaintiff herein; and 2. The facts set forth in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: 1 " 1 (o - 1) JEFFREY L. WALTERS, 86 GREENWOOD CIRCLE WORMLEYSBURG, CUMBERLAND COUNTY, PA 17043 Plaintiff V. LOUIS M. KORI 110 WEST SECOND STREET WEST FAIRVIEW, CUMBERLAND COUNTY, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiff, do hereby certify that on this date I served the foregoing COMPLAINT both by First Class U.S. Mail and by Certified Mail, Return Receipt Requested, both deposited at Harrisburg, Pennsylvania, addressed to the Defendant as follows: Louis M. Kori 110 Second Street Apartment C West Fairview, PA 17025 JOSEPH Q. KLEIN, P.C. Date: July k -11-2007 By: W= V -f 4 Mark S. Silver, Es ire I.D. No. 09825 500 North Third Street, 7 h Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorney for Jeffrey L. Walters, Plaintiff ?.7 "' - c? `wa:; --rj ?= _ c:?? _ - -- ...... i ....... ?S ?• ?.a •'? f -'S . f r? - Pecht & Associates, PC Wayne M. Pecht, Esquire Attorney I.D. #38904 Rob Bleecher, Esquire Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JEFFREY L. WALTERS, Plaintiff V. LOUIS M. KORI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE TO PLEAD To: JEFFREY L. WALTERS YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objection to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Dated: Sa ?7 By: Respectfully submitted, PECHT & ASWIATES, PC WyT1gFM-7ECHT, ESQUIRE Attorney I.D. #38904 ROB BLEECHER, ESQUIRE ATTORNEY I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant . i Pecht & Associates, PC Wayne M. Pecht, Esquire Attorney I.D. #38904 Rob Bleecher, Esquire Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JEFFREY L. WALTERS, Plaintiff V. LOUIS M. KORI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT DEFENDANTS' PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT Defendant LOUIS M. KORI, by and through his counsel, Pecht & Associates, PC, files this Preliminary Objection to Plaintiff s Complaint as follows: 1. Defendant objects to Plaintiffs Complaint for Plaintiff's failure to join an indispensable party pursuant to Pa.R.C.P. 2227 (a). 2. Plaintiffs Complaint filed in this matter lists Jeffrey L. Walters as the sole Plaintiff. 3. The real property which is the subject of the instant dispute, and which is the real property in which Defendant lives, is owned by Jeffrey L. Walters and Beth A. Walters, as husband and wife, tenants by the entireties. 4. In Pennsylvania, a person having only a joint interest with the Plaintiff in the subject matter of an action must be joined on the same side as the Plaintiff. 5. Plaintiff has failed to join Beth A. Walters as a Plaintiff. 1 t ? 6. The failure to join an indispensable party deprives a court of subject matter jurisdiction. Wherefore, Defendant respectfully requests this Court to dismiss the Plaintiffs Complaint for failure to join an indispensable party. Respectfully submitted, Dated: a By: PECHT & ASSOCIATES, PC WAYj M M. PECHT, ESQUIRE Attorney I.D. #38904 ROB BLEECHER, ESQUIRE ATTORNEY I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant 2 L? y 40 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Defendants' Preliminary Objection to Plaintiff's Complaint upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Mechanicsburg, Cumberland County, Pennsylvania this 3a day of August 2007. Mark Silver, Esquire Law Offices of Joseph A. Klein 500 North 3rd Street 7th Floor Harrisburg, PA 17101-1111 Dated: 1 By: - 43?p Respectfully submitted, PECHT & ASSQCIATES, PC WAY. PECHT, ESQUIRE Atto ey I.D. #38904 ROB BLEECHER, ESQUIRE ATTORNEY I.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorneys for Defendant 3 .4 ?? ?--_ ?.:? _ ;,> a....: - (7 - ? . ---? ?.. _ {- _ ? .? .__. ?? lJ ? '4 ? ? -? } F __ # ? ?+? .? >r ??, _? I Rob Bleecher, Esquire Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JEFFREY L. WALTERS, Plaintiff V. LOUIS M. KORI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT MOTION TO RELEASE FUNDS FROM ESCROW AND DISCONTINUE ACTION AND NOW, this >O day of February 2009, comes the Defendant by and through his attorneys PECHT & ASSOCIATES, PC, and presents this matter by Motion pursuant to Local Rule 208.3 and represents as follows: The Defendant appealed a decision of the District Justice Richard S. Dougherty, Docket Number LT 0000153-07 and deposited One Thousand Three Hundred Five Dollars ($1,305.00) into Escrow with the Cumberland County Prothonotary's Office pending the resolution of the Appeal. 2 The parties have resolved their differences and have entered into a Stipulation to Settle and Discontinue the instant legal action, a copy of which is attached hereto as Exhibit "A." Plaintiff's counsel, Mark Silver concurs in this Petition. 4 The Parties request that this Court direct that the monies held in Escrow in the Prothonotary's Office be released as follows: Eight Hundred Seventy Dollars ($870.00) to be released to the Plaintiff Jeffrey L. Walters at his address of record, and Four Hundred Thirty Five Dollars ($435.00) to be released to the Defendant Louis Kori at his address of 1920 Briggs Street #B, Harrisburg, PA 17103. 5 Further, the parties request that the Defendant's Appeal and the Plaintiff's Complaint in this matter be Discontinued. WHEREFORE, Defendant requests that this honorable Court direct the Cumberland County Prothonotary to release the funds held in Escrow in the manner described above and discontinue this matter. Dated: By: TES, PC ROB BLEEGMR, ESQUIRE ATTORNEY I.D. #32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorney for Defendant CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, attorney for Defendant, hereby certify that I have served the foregoing paper upon counsel for Plaintiff this date by depositing a true and correct copy of the same in U.S. Mail, first-class postage pre-paid, addressed as follows: Mark S. Silver, Esquire Law Offices of Joseph A. Klein 500 North Third Street, 7t' Floor PO Box 1152 Harrisburg, PA 17101 Dated: 6 By: Respectfully submitted, PECHT jk"A_SSOCXATES, PC Rob Bre-echer, Esquire Attorney ID #32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Fax: (717) 691-2070 Attorneys for Defendant l., Rob Bleecher, Esquire Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JEFFREY L. WALTERS, Plaintiff V. LOUIS M. KORI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION TO SETTLE AND DISCONTINUE ACTION, AND TO RELEASE FUNDS HELD IN ESCROW 4- It AND NOW, this \ day of ? _ 200` 11come the parties by and through their attorneys and Stipulate and Agree as follows: The Defendant appealed a District Justice Judgment in the above captioned matter and deposited One Thousand Three Hundred Five Dollars ($1,305.00) into escrow pending the resolution of the Appeal. 2. The parties have resolved their differences and hereby agree to settle and discontinue the instant lawsuit and further agree to the release of the aforesaid funds held in escrow as set forth herein. 3. The parties agree that in full and final resolution of all of the respective claims possessed by each against the other, that Defendant Louis Kori shall pay to Plaintiff Jeffrey L. Walters the amount of Eight Hundred Seventy Dollars ($870.00) from the money which is now held in escrow in the Prothonotary's Office, Court of Common EXHIBIT CIVIL ACTION-LAW No. 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT Pleas of Cumberland County. It is understood that Defendant Louis Kori has already moved from the premises prior to this date. 4. The parties, therefore, agree that Eight Hundred Seventy Dollars ($870.00) of the monies held in escrow will be released to Jeffrey L. Walters and that Four Hundred Thirty-Five Dollars ($435.00) of the monies held in escrow will be released to Defendant Louis Kori. 5. Both parties are in accord with this agreement and both parties agree that the instant action shall be settled and discontinued and agree to join in the request that the court so order. Dated: ©S' Dated: ?6b` 4ee6er, Esquire Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Phone: 717-691-9809 Fax: 691-2070 Attorney for Defendant " 1A Mark S. Sliver', squire Law Offices of Joseph A. Klein 500 North Third Street, 7" Floor PO Box 1152 Harrisburg, PA 17101 Attorney for Plaintiff r-o Cz? 4..w.J e' 1 w s3 ?,, i ii CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE 1852 CARLISLE, PA 17013 q60-1503/313 PAY TO THE DATE ORDER OF LOUIS KORI ?1 $ 435.00 CUMBF Hii CC .4 # 's c roar-m- NOTARY 5; d 00 ts DOLLARS NK 07-3722 "RELEASE RENT" - WALTERS VS KORI 11100 LB 5 211' ,40 3 L 3 L 50 361: L08 LLLL7LI1' CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1851 DATE e i (,(Jag 60-1503/313 PAY TOTHE 1 ? 870.00 ORDER OF _ JEFFERY L. AT. R. PRO-rHO ATII N (Vdol's4oct DOLLARS d rme LAW10" BANK 07-3722 "RELEASE RENT" - WALTERS VS KORI 11'00 L8 5 LIP A:0 3 L 3 150 361: L08 L L L L 4 v cr =c c a 00 +,) w 8 15403703062009 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 3/06/2009 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3953 JEFFREY L WALTERS Check Date: 03/06/2009 Check No.: 1851 BOND 2007- 03722 TRNS ESC IN 870.00 3/06/2009 Payee total: 870.00 -------------------------------------------------------------------------------- 3954 KORI LOUIS Check Date: 03/06/2009 Check No.: 1852 BOND 2007- 03722 TRNS ESC IN 435.00 3/06/2009 Payee total: 435.00 Grand total: 1,305.00 RECEIPT FOR TRANSFER -------------------- -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 WALTERS JEFFREY L 86 GREENWOOD CIRCLE WORMLEYSBURG, PA 17043 Case Number 2007-03722 Remarks 2 DIFFERENT PAYEE Receipt Date 03/06/2009 Receipt Time 15:40:14 Receipt No. 221929 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj RENT PROTHONOTARY ESCROW 435.00- BOND KORI LOUIS 435.00 RENT PROTHONOTARY ESCROW 870.00- BOND JEFFREY L WALTERS 870.00 MAR 0 2 2000 6 Rob Bleecher, Esquire Attorney ID # 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717)691-9809 JEFFREY L. WALTERS, Plaintiff V. LOUIS M. KORI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : No. 07-3722 CIVIL TERM APPEAL FROM DISTRICT JUSTICE JUDGMENT PROPOSED ORDER AND NOW, this -1-Ny of 2009, it is hereby ORDERED that the monies placed into Escrow in this matter by the Defendant, Louis Kori, in the office of the Prothonotary, and which are now held by the Prothonotary, be Released and Distributed as follows: Eight Hundred Seventy Dollars ($870.00) to be released to the Plaintiff Jeffrey L. Walters at his address of record, and Four Hundred Thirty Five Dollars ($435.00) to be released to the Defendant Louis on at his address of 1920 Briggs Street, #B, Harrisburg, PA 171033 , V a c<1 4 1 ?b ,_, d f eC. IT IS FURTHER ORDERED that the instant action is Discontinued. So Ordered this day of U 2009 Copies to: ?eecher, Esquire S. Silver, Esquire S Ln 9=