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HomeMy WebLinkAbout07-4319r rt r ~ ~ • PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby swear or affirm that I served 07-4319 ~a copy of the Notice,? ippe~ Common Pleas No. ,upon the District Justice designated therein on (date of service) y ~ ,year ~ by personal service ~by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name Hogg Properties LLC , on July 21~ _ ye~007 ~ by personal service~by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on July 24 ,year 200 7 _, ~ by personal servic~~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TJ-I~.yS.~ DAY OF'`~, YEAR~~. of ollicial belore whom aH~avd was made o/ ollicial My commission expires on ,year CO I~ONWEALTH OF PENNSYLYAN111 NOtARIAL SEAL ,~EJINNE AMETRANO, Notary Public My C oommissionbE~xpires Feb ~ 22, 2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT /1~ s1~', JUDICIAL DISTRICT COMMON PLEAS No. 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 Dis- trict Justice pn the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO.OR NAME OF D.J. MARIA TSZ&IGOTIS and ERIC NEARHOFF 09-3-05 ADDRESS OF APPELLANT CITY STATE ZIP CODE 19 GETTYSBURf; PIKE, APT. 4 MECHANICSBtIRG PA 17055 DATEOF JUDGMENT IN THE CASE O.F (PLAINTIFF/ "~'\._, ; , (~ (DEFENDANT) f, ~ '~ 1- 7/12/47 Hogg Properties, LLC v'l~s~. and ATearhoff CV YEAR LT YEAR 0000216-07 This block will be signed ONLY when this notation is required under PA. - R.C.P.J.P. No. 10085. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDERS tothe-Judgment for possession in this case. F~ Tr^ ~- F ~ i If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in ~~ttb~t ~fidf~tSi~' ~Jlstrict Justice, he MUST FILE A COMPLAINT within twenty (20) days: after filing his NOTICE of APPEAL. PRAECIP TO`ENTER RULE TO FILE COMPLAINT AND RULE TOFILE (This section of form tD be used ONLY when appeAhniwasDEFit~iBAlsf~ js,~e;RA~ R:C.P.J:P. No. 1001(7) in action before District Justice. I F NOT USED, detach from copy of notice of appeal to be served 1~Qon appellee. ~; ; ; . ~ : ,, : • ~ i z, L. -PRAECIPE: To Prothonotary Enter rule u o .• •~ ~o8g Properties, LLtw , \ ;,apperl~ge(s a int in this appeal p. P'~'' Name ofappe/lee(s) s' (Common Pleas No. (,~ '% - `-r< ' ~ `rt _) within twenty (20) days after service ule ar s e udgment of non pros. Si ture o- appellant or his attorney or agent RULE: To Hogg P,~,iperties, LLC , appellees) Name of appeUee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date. of service of this rule if service was by mail is the date of the mailing. Date: ,Year ~ pp~_ White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy I ~l ( r nature of Prothonot ~ or Deputy ~.;. , Proth. - 76 /~ ~ i I ~, ,v ...0 ~~" I1^ t7" I'1J ~ Q Certlfled Fee Q Return Receipt Fee (Endorsemem Required) ~ ResGicted Delivery Fee O (Endorsement Required) ~ ~ Total Postage 8~ Fees O o O ['~ 3ueeC" ".70'0.:" rn ~ ~ • -. ti ~ ~ ~. ~ Postage $ ~~P HARRjse~i O Certifled Fee ~O' `'~~' ,1 d (Endo~meM Regttlr~ ~ ~ ""' `u 0 Restricted Delvery Fee ~" y ~~. C] : (indorsement Required) , ra ~ ~~' VSO ~° O Total Poelage & Fees ..0 - O ~~~ i .. _ _ .. ~ _~......_.._.~.. --•-- ----------- ........ , l ~~y- -- cny,"s~re,z- ~` CERTIFICATE OF SERVICE I do hereby state that on th day of July, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Timothy Hogg Hogg Properties P.O. Box 624 New Cumberland, PA 17070 el L. itt Legal Secretary Q .. ~--- ~: ~~{ •I , ~. !., ~q ,~, G aY ~. ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM 7~~3~0~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. t7 ~ , ~/ 3 j 5 ~'~ f ~T~ 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO.OR NAME OF D.J. MARIA TSIRIGOTIS and ERIC NEARHOFF 09-3-OS ADDRESS OF APPELLANT CITY STATE ZIP CODE 19 GETTYSBURG PIKE, APT. 4 MECHANICSBURG PA 17055 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) Mp,YtQ~ (DEFENDANT) ~r 1 L 7/12/07 Hogg Properties, LLC ~ si and Nearhoff vs. CLAIM NO. SIGNAT OF APP O ATTORNEY OR AGENT LT CV YEAR i LT YEAR 0000216-07 This block will be signed ONLY when this notation is required under PA." R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDERS to the Judgment for possession in this case. y ~ ~,q gna ure o ono rypr epu ~ppellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE o/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.J.P. No. 1001(7) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon HOgQ Properties, LLC , appellees a c int in this appeal Name of appellee(sJ (Common Pleas No. d ~' S1 3 / 9 )within twenty (20) days after service ule ors e n udgment of non pros. of appellant or his attorney or agent RULE: To Hogg P~tne~ies, LLC , appellees) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ~k~,, -~3 ,Year oLd117 s Signature of Prothonot ry qr Reputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLaNT (This proof of service MUST BE FILED WITHIN TEN (tf)) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. ,upon the District Justice designated therein on (date of service) ,year , ~ by personal service ^by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on ,year ~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on ,year ~ by personal service ~by (certified) (registered) mail, senders receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR Signature o/ Adiant Signature of odiciaf be/ore whom adidavd was made t~ c.~ Q Tide olo/dcia/ J~v ~., -ry ::, ~ :- ~ -P'9 C_.~ ~.. My commission expires on ,year ' 'b ~' ~ - t`+J c"' -~ ? ~ fi ~t _a c ~ C A . ~ : ~ W = C ~Q c- .. . v ~` ~ ~ ~ ~ c~ ~ ;^ ~ , iU ~~ ~ ~ °~ r ,~ "` , ~CUfwlNivNVvEALT H OF PENNSYLVANIA Y COUNTY OF: CIIMBERLAaTD May. Dist. No.. MDJ Name. Floe. 09-3-05 MARK MARTIN Address. 507 N YORK ST MECHANICSBDRG, PA .~~~;~,~~ i717) 766-4575 17055 ATTORNEY DEF PRIVATE JORDAN D. CDNNINGHAM PO BO% 60457 2320 N 2ND 3T HARRISBIIRG, PA 17106-0457 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PL3~INTIFF: NAME and ADDRESS rHOGG PROPERTIES LLC ~ P.O.BOZ 624 NEPP CIIMBSRLAND, PA 17070 L VS. DEFENDANT: NAME and ADDRESS ~TSIRIGOTIS, MARIA, ET AL. 19 GETTYSBIIRG PIKE APT/STE 4 MSCHANICSBDRG, PA 17055 L Docket No.: LT-0000216-07 Date Filed: 6/25/07 r ~~ ~; THIS IS TO NOTIFY YOU THAT: Judgment: FAR pr.~T~7TTF ~- - Cg~ Judgment was entered for: (Name) 80GG PROPERTIES LLC, _ Judgment was entered against TSIRIGOTIS, MARIA in a 0 Landlord/Tenant action in the amount of $ 4,182.00 on 7/12/07 (Date of Judgment) Tfie amount of rent per month, as established by the Magisterial District Judge, is $ 755.00. The total amount of the Security Deposit is $ 755.00 Total Amount Established by MDJ Less ~ Security Deposit Applied = Rent in Arrears $ 4, 048.00 - $ . 00= Physical Damages Leasehold Property $ .00 -$ .00= Damages/Unjust Detention $ _ 00 - $ _ 00= 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 ^~ Tiiis case dismissed without prejudice. Total Judgment J J Adjudicated Amount $ 4,048.00 $ .00 $ _00 $ _00 $ _00 $ 4,048_00 $ 134_00 $ _00 $ 4,182.00 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ^ Possession granted if money judgment is no sa Is le y Ime o evlc Ion. ^ Possession not granted. ^ Defendants are jointly and severally liable. -=-= 'IN AN ACTION INVOLVING A REStDENT1AC LEASE, ANY PARTY HAS THE RIGHT TO APPEALfROM 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 JUDGOAEI~T, IF ANY. IN ORDER`TO OBTAIN A S"UPE~SEDEAS, 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 CO MON PLEAS, ALL FURTHER PROCESS MUST. COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED Y THE MAGISTERIAL DISTRICT JUDGE . -UNLESS THE JUDCaMENT;I$,ENTERED IN,THE COURT OF'C,OMMO~1 RLEA$, ANYONE INTERESTED. IN THE JUDGMENT MAY FILE k REOtIi=ST FOR ENTRY OF SATISFACTION WITH THE-MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE J, IJDGMENT. - " _ Date ~%' d / ~ ' ' ` ,Magisterial District Judge c rt y t at t Is Is a true an correct copy o t e recor o t e procee Ings contalning t o ~u gment. Date ,Magisterial District Judge M~ commission expires first Monday of January, 2012 ~ SEAL A<~ c:,~,~~a-~~~; } r `~CUMMC)NWEALTH OF PENNSYLVANIA CnUN TY CAF: CDMBERLAND na., , o~•_;i No 09-3-05 M[)J Nan~~e. Hu« MARK MARTIN ~°°'~" 507 N YORK 3T MECHANICSBIIRG, PA telephone (717) 766-4575 17055 ATTORNEY DEF PRIVATE JORDAN D. CUNNINGHAM PO BOg 60457 X320 N 2ND ST HARRISBIIRG, PA 17106-0457 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: N4ME and ADDRESS rHOGG PROPERTIES LLC ~ P.0.B03 624 NEP~ CBMB$RLAND, PA 17070 L -~ VS. DEFENDANT: NnnnE and nooRESs rTSIRIGOTIS, MARIA, ST AL. ~ 19 GETTYSBIIRG PIKE APT/STE 4 MECHANICSBIIRG, PA 17055 L -I Docket No.: LT-0000216-07 S i r ':, Date Filed: 6/25/07 'a'' asg ~.~~,.~ ~... THIS IS TO NOTIFY YOU THAT: ~lucsc~rnent: FQR PLAINTIFF g l ,h t`~r7~ent was entered for: (Name) ~ HOGG PROPERTIES LLC, _._._. _-~ Judgment was entered against NEARHOFF, ERIC 7/12/07 Date of J 182 00 4 _ in a ment) ud LandlordTenant action in the amount of $ ( . , on g The amount of rent per month, as established by the Magisterial District Judge, is $ 755.00. f the Security Deposit is $ h I amount o T e to t a 755.00 _ __ _ _ _ _ Total Amount Established by MDJ Less • Security Deposit Applied . 00= 00 - 048 4 = Adjudicated Amount $ 4, 048.00 Rent in Arrears $ Physical Damages Leasehold Property $ $ . , . 00 - $ . 00= $ . 00 Damages/Unjust Detention $ r _ 00 - $ _ 00= $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ _ 00 L/T Judgment Amount $ 4, 048.00 ^ Attachment Prohibited/ ~ Judgment Costs r $ 134.00 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 ^ This case dismissed without prejudice.. Total Judgment $ 4,182.00 L° I Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ^ Possession granted if money judgment is no sa is le y Ime o evlc Ion. C~ Possession not granted. ^ 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 SUPERSEDERS, 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 MAYBE 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. ~` J Date ~i' d / ./~` ~ ~ ~ .Magisterial District Judge _~._~-_- 1=- - I ~ -~ri~ y i at t is is a true ancTcorrect copy o t e recor o t e procee Ings contalning tF e ~u gment. Date ,Magisterial District Judge M~r commission expires first Monday of January, 2012 ~ SEAL Al ~ 'C 31 ~A Ofi David J. Lanza I.D. No. 55782 356 North 21~ Street Camp Hill, Pennsylvania 17011 (717) 730-3775 HOGG PROPERTIES, LLC, Plaintiff v. ERIC NEARHOOF and MARIA TSIRIGOTIS, Defendants COMPLAINT NO. 07-4319 CIVIL IN EJECTMENT 1. The Plaintiff, Hogg Properties, LLC, is a Pennsylvania LLC with an address at P.O. Box 624, New Cumberland, PA 17070. 2. The Defendants, Eric Nearhoof and Maria Tsirigotis, are adult individuals residing at 19 Gettysburg Pike, #4, Mechanicsburg, Pennsylvania 17055. 3. On or about January 11, 2007, Plaintiff and Defendants entered into a Rental Agreement by which Defendant agreed to rent the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, a true and correct copy of which is attached hereto as Exhibit "A." 4. Defendants are required by the Agreement to pay rent in the amount of $735.00 per month to the Plaintiff plus an additional $20.00 per month pursuant to the pet addendum ("Rider B°) for a total of $755.00 per month. 5. Said Lease has not been assigned by Plaintiff. 6. Defendants are in breach of their obligations under the Agreement in that they have failed to pay rent in a timely fashion from the inception of the Rental Agreement. 7. Defendants have failed to pay rent for the months of April 2007, June 2007 and August 2007 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 8. Defendants have provided a bad check to Plaintiff in the amount of $755.00 during the term of the Rental Agreement, thus resulting in NSF charges in the amount of $25.00. 9. Defendants have failed to provide to Plaintiff proof of insurance as required in the Rental Agreement. 10. Defendants are required to pay Plaintiffs attorney fees pursuant to the Rental Agreement. 11. Plaintiff is expected to incur attorney fees in the amount of $2,000.00 for the purpose of evicting Defendants and collecting all amounts due. 12. Pursuant to the aforesaid Rental Agreement, Defendants are required to pay the remaining balance through the end of the lease term as a result of their defaults. 13. Plaintiff has been forced to incur filing fees at the District Justice office in the amount of $254.00. 14. Defendants have incurred late fees in the amount of $500.00 pursuant to the aforesaid Rental Agneement, and have paid only $130.00 of the aforesaid fees. 15. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Three Hundred and 69/100 Dollars ($ 8,689.00.), calculated as follows: Unpaid rent $6,040.00 Late fees $370.00 NSF fees $25.00 Attorney fees $2,000.00 District Justice filing fees ;x;254.00 TOTAL $ 8,689.00 16. Plaintiff is entitled to judgment against Defendants in the amount of $ 8,689.00. 17. Plaintiff is entitled to immediate possession of the leased premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055. Wherefore, Plaintiffs demand judgment against Defendants, Maria Tsirigotis and Eric Nearhoof for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055 and for damages in the amount of $ 8,689.00, plus costs, interest and additional attorney fees through the time of trial. Respectfully subm' , By: ; David J. Lanza Attorney I.D. No. 55782 356 North 21'~ Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff VEI ~'lF/CATION I, Tim Hogg, owner of Hogg Properties, LLC, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4804, relating to unswom falsification to authorities. Date: ~ tiT ~ By: Tim Hogg CERTIFICATE OF SERVICE AND NOW, this 27"' day of August, 2007, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Jordan Cunningham, Esquire 2320 N. Second Street Harrisburg, PA 17110 ~~ David J. Lanza Ruh 23 2007 2: 29PM HP LRSERJET FR}S y~h.. P• 3 .. ~ •- ~~ ^~,.f. 'Y'~IS IS 11 =.~A~11L DOf:t81i1#'1'. By signing, the Tenant agrees that Tenant has read this lease and has had the opportunity to ask questions about the lease. The Tenant and Landlord agree that: THIS IS A LEASE. Hogg Properties, LLC is the Landlord. Maria Tsirigotis and Eric Nearhoof are the Tenants. This lease is for 19 Gettysburg Pike ~k4, Mechanicsburg, PA 17055 This lease begins on 1!11/2007. This lease ends on 1131/2008. Tenant must Notify Landlord in writing Sixty days before the end of this lease that Tenant is moving out. If Tenant does not notify Landlord that he/she is moving out,or landlord does not extend a contract reneKal, the lease will automatically become a month'to-month lease at month-to-month rate. In order to end the lease during the month-to-month periods, the Tenant must notify Landlord in writing at least 60 days before Tenant intends to move out. A full month's rant shall be due for any partial month in which Tenant occupies the apartment. Rent is payable in monthly installments of $735.00 Rent is due in advance on or before the~8iR8T day of each month of this Lease. Rent is to be mailed to the following address: Hogg Properties LLC PO Box 624 New Cumberland, PA 17070 Rent Checks or Money Orders are to be made out to "Hogg Properties". SiCI1ft2Ti D~P48IT: The Tenant has deposited $?35.00 as a SECURITY DEPOSIT. This security deposit is held by the Landlord in full throughout the term of the lease regardless to the amount of the deposit and applied to any damages to the apartment caused by Tenant, his/her family, quests or pets. The Security deposit can also be used for any damages from breaking the ].ease, Tenant's unpaid bills, or not paying part of the rent due. At uo ti~aa dnsiaq the taaaaay Mill aR7r past of tha deposit ba ra!'nadsd. 8acssitY deposit shall ba rafa~adad Mitb3.:t thisty days o! the and o! the mootU in xbiah tits lasso tarairstas. Rus 23 2007 2:29PM MP LRSERJET FRX P•4 Tenant MAY NOT USE SECURITY DEPOSIT AS RENT I1fC ~T 3~ p~ID a,FTiR T8$ lla8? DAY OF '1~E >~1'H Increased rent begins the FIRST DAY of the month. A ten dollar rent charge begins on the first day, and five dollars for every d~ after the first day of the month. These charges cover. increased administrative costs and damages. ]1C4~6lZ'~NCa 01' P~tCPSRTY: The Tenant has examined the apartment and the apartment is in satisfactory condition. The apartment is leased in AS-IS condition. In the event that repainting, repair or after work to be performed in the apartment has not been completed, by the time the tenant is to move in, this lease will remain in full force and tenant shall still be responsible for all rents. Tenant agrees that no agreement is made to redecorate, repair or improve the apartment unless specifically written here: If tenant, for whatever reason, fails to take possession of the apartment, tenant is still responsible for all rents and obligations until Landlord can reasonably find a replacement tenant for the apartment. SW1LL ~iP71IR8 DZ?RI1~G TE~111UCY: Tenant is responsible for small repairs such as stuck windows, loose screws, backed up toilets/bathtubs/sinks. Tenant is also responsible for light bulbs and fuses as they become necessary. Landlord shall decide what repair is considered "small." UNDIBCIA$3D ]l~~AIA - It is the Tenant's responsibility to report any condition that could be dangerous or wasteful immediately to Landlord. In the event Tenant has not notified Landlord of a needed repair or condition, any liability andlor financial responsibility shall be assumed by Tenant. CLi*1~LI~8: Tenant agrees to keep apartment clean, avoid a garbage buildup and place garbage in outside receptacles. Tenant agrees that any pest infestation as a result of his/her apartment's not being kept clean is breaking the lease. Any pest control services will be charged to the Tenant. OCT 11~iD V93: The apartment is for use as a residence by the named Tenants who have signed this lease and their children. Tenant will not use this apartment for any type of business. Tenant will not use the apartment for disorderly or unlawful Ruh 23 2007 2:29PM HP LRSERJET FR?S ... . purposes, or in any manner offensive to others. Tenant will obey all Federal, State, County and Local laws. 1Il~nda~ra and Sor~u - Tenant shall not attempt to remove fixed screens. Tenant shall be careful when lowering and raising storm windows and screens so as not to damage them. The repair and maintenance of all windows and screens is the responsibility of tenant. 71~PZI~18~8: Any appliances which are in the apartment are there at the convenience of the Landlord. Landlord agrees to remove appliances if the Tenant asks for removal. The repair and maintenance of all appliances is the responsibility of the Tenant. RTJL~8: "Rider A" contains a list of rules that the Tenant shall follow. If Tenant Breaks any of these rules, he/she is breaking the lease. p.5 OZ'SL!'~8 - Landlord is responsible for paying the following: garbage and sewer. Tenant is responsible for paying the following: Electric, cable, telephone, gas, plus any other service acquired whether by law or otherwise, not mentioned as a Landlord responsibility. If tenant in the sole disgression of the landlord overuses or uses wastefully a utility that is paid by landlord, the excess cost shall be assumed by tenant. Tenant 8: Landlord will not allow any deductions from the rent or charges to any account of the Landlord for any purpose by the Tenant. CB~11iGi8: No redecorating from Landlor~ walls or the 1~O$I~4i 1R7- apartment. changes will be made, and no painting or is done to the apartment without written permission 3. Tenant will not drive nails or screws into the woodwor-k. ~ <~ :~. CAB: No kerosine heaters are allowed in the I~86, C7!]RDLEB ]18~ SIAICZbiti: Tenant understands that candles, incense and indoor smoking cause soot to build up on wa21s and surfaces. In the event that landlord or landlord's employees determine that candles, incense or smoking products have been burned in the apartment and caused damage to the paint or other items in the apartment, the cost of any and all painting, cleaning, repairs etc. shall be paid by tenant. C8~1ttQS Off' T~aants: Only the Tenants named in this lease may use Ruh 23 200? 2:30PM ..~;-: HP LRSERJET FRX the leased apartment. Tenant may not give the apartment to anyone else to use. Tenant must request a new lease if different people are in the apartment than those named on the lease. If Tenant is transferred during mid tenancy, Landlord will reasonably look for a new Tenant for the apartment in order to relieve Tenant of lease responsibility. Landlord reserves the right to charge tenant for time spent acquiring new tenant $100.00 flat fee and cost of advertising. Bf?8: Pets are not allowed in the apartment without the written permission of the Landlord. p.6 ~i~CSiOA~: Landlord or his employees may enter the apartment at any time for the following reasons: 1. To inspect the apartment 2. To make necessary repairs 3. To protect the apartment from damage 4. To show the apartment to prospective Tenants or buyers 1~VZ11G 0W1': Tenant will leave the apartment and all property of the Landlord in good clean and operating condition, ®xcept for ordinary wear and tear. Tenant will clean the apartment, including any appliances, cabinets, baseboards, bathrooms, and remove all trash from the apartment. Tenant to steam clean carpets using Professional Steam Cleaning Service befare move-out date and a receipt is to be turned in with the keys. If cleaning and trash removal is not done by Tenant, the Landlord will clean the apartment and remove trash at the expense of the Tenant. A service fee of $25.00 per contractor shall be applied to the security deposit if tenant does not steam clean or properly clean the apartment. Tenant will bring all keys to the Landlord within 24 hours of moving from the apartment. LZ~2LITY Op' L~,dlord - Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in or around the apartment unless the damage or injury results directly from the Landlord's gross negligence. Hsi T11i I+ZJISE: If the rent is not paid when due, and/or the Tenant does not perform in a manner consistent with this lease, he/she shall have broken the lease. The entire rent due for the rest of the lease is due and payable immediately. Any court fees, attorney's fees, collection fees, fees for paying.rent after the first of the month, plus an amount equal to two month's rent for damages and administrative costs shall also be due. 180'2ICE TO QRJIT: Tenant understands that he/she is giving up the Rug 23 2007 2:30PM MP I.RSERJET FRX p.? . .~ ~. . right to any ten day, fifteen day, thirty day, or ninety day notice to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAFERS CAN 8E IMMEDIATELY FILED IN COURT. I?llf8 Ii!'!' IB S!'B6 ~1BJ1RTlS88'1' BZ Tea~aat: If the Tenant moves out of the apartment and leaves belongings in the apartment, the ownership of these belongings shall be given to Landlord. Landlord may do whatever he wishes with these items. pAY~ LilTa ANT: If Landlord allows Tenant to pay rent late or break any rule at any time for any reason, this does not give Tenant permission to pay late again or break the rules again. 1SyPICE: This agreement is the Notice to Tenant of all rents due and obligations of the Tenant. Tenant AGREES THAT NO ADDITIONAL NOTICE OF RENT DUE YS NECESSARY. STOtuQ~: No storage rights are given under this lease. The Tenant agrees that neither the Landlord or his employees has any responsibility for loss of any kind to the Tenant's property. _~: Tenant agrees that Landlord requires that Tenant buy RENTER'S INSURANCE to cover damages to his/her personal property and cover liability for other people's property and casualty. Landlord shall be named as "additional insured", and insurance agent shall provide proof of insurance to landlord for all renewals. Tenant understands that in the event that tenant allows insurance to expire or otherwise lapse, Landlord shall have. the right to purchase renters insurance golicy at tenants expense. Landlord further reserves the right to charge a fee far this service in the amount o `~I00.00 over and above the cost of insurance. ` '1'Ma~tt' a Z:titi~els : ' J 9iP71N~'i'Z SaCTI~TS: The sections of this lease are sepazate. If a court finds that any part of this lease is illegal for any reason, that finding will not affect the remaining parts of the lease. L]Ri1D plltltT: Tenant acknowledges that he/she has been given a copy of the US EPA booklet "Protect Your Family Frown Lead in Your Home", and given time to read the information it contains. Landlord has no knowledge of lead paint in the apartment although Lead paint was commonly used before 19'79. Any cracking or pealing paint must be repo to La~T~ lord immediately. ?faant' s Init.3.ala : / RID~AS (SPlCI7t2. PA4VIB20li8~: Special provisions in the attached Riders are part of this lease. Ruh 23 2007 2:31PM MP LHSERJET FRX P•e ' 4• ZMTIBi ~lM~NT: This lease contains the ENTIRE AGREEMENT between the Landlord and the Tenant. Neither the Landlord nor the Tenant has agreed to do anything that is not written in this lease. R'Sj111I1W s? Landlord: If Landlord is to make repairs to the apartment for damages that are not caused by normal wear and tear he will be paid $50.00 per hour plus the cost of materials to Landlord. Pa1t~lCI1rG: Tenant shall abide by all parking signs around apartment buildings. Tenant shall be responsible for removal of snow and ice from between vehicles and tenant shall also be responsible for keeping the area around the vehicle(s) clear of debris and shall not allow oil or other fluids to be spilled onto the parking lot. 3peeial_Parking_Instructions:2 unassigned parking spaces in parking lot. Guest - street only. Tlt2S I8 A =itw1L DOCWt~IiT. By signing, the Tenant agrees that the Tenant has read this lease, has gone through the lease with the Landlord and has had th op ortunity to ask questions about this lease. Landlord DATE 1 ~ ~~ TIMOTHY HOGG h Tenant (S) DATE 1 ~t d DATE vl~~ Ruh 23 2007 2:31PM HP LRSERJET FRX P•9 ~7.d~ ~ This rider is attached to and forms a part of the lease beginning 1/11/2007 between Hogq Properties, the Landlord, and Maria Tsirigotis and Eric Nearhoof, the Tenantta). 1. Payments of rent and other charges payable by Tenant shall be payable to Landlord and due on the 1st day of the month. If received after the 1st day of the month, include a 510.00 initial penalty plus 55.00 for each additional day this reflects. la. Rent paynxents are to be made to Tim Hogq, PO Box 624, New Cumberland, PR 17070-0624. Please make checks payable to "Tim Hogg" Only. 2. Tenant agrees that the premises are leased for use by Tenants family consisting of 2 persons which consists of 2 adults and 0 children. 3. Tenants are reminded that they should carry adequate renter's insurance to cover any losses or damage that may be sustained during occupancy of the above apartment. 4. No motorcycles, motor bikes, truck caps, or snow mobiles shall be permitted on the premises. 5. No boisterous parties or unnecessary noise permitted. 6. No antennas allowed on the premises. Only the Cable TV outlets provided shall be used. 7. Nothing that sticks to walls or ceilings may be used including but not limited to scotch tape wallpaper, borders, stencils tacky hanging wall products. B. Pictures shall be hung by using standard picture hangers. Under no circumstances shall scotch tape be used to fasten anything. Auk 23 2007 2:32PM HP LASERJET FAX p.10 9. Tenant shall not park boat, trailer, or disabled vehicles on property. 10. Tenant shall have two keys issued. Locks shall not be changed or altered and keys shall not be duplicated. I1. Tenant shall not make any alterations, additions, or improvements without prior written consent of the Landlord. 12. Tenant shall be responsible for small repairs {loose screws, stuck window, backed up toilets etc.). 13. Upon vacancy of apartment, the appliances and cabinets must be cleaned thoroughly before Tenant vacates said premises. 14. Upon vacancy of apartment, carpet must be steam cleaned and a receipt must be turned in with the keys. 15. Tenants are responsible for maintaining smoke detector with charged battery at all times {where applicable). Tenants are also responsible for reporting any non working smoke detector immediately to Landlord. 16. It is understood and agreed that the security paynsant in the amount of 735.00 dollars provided for under the lease for this premises has been paid. Under no circumstances may the Tenant apply the security deposit to their last months rent. 16a. The security deposit will accrue interest at a rate of 1.75 yearly, accrued yearly, beginning after the first full year of tenancy has been completed. 17. Tn the event Tenant has not notified Landlord of a needed repair or condition, any liability and/or financial responsibility shall be assumed by Tenant. 1B. In the event that Landlord is to make repairs to apartment that under the terms and conditions of this lease are not related to normal wear and tear, Landlord is to b® compensated for time spent in the amount of $50.00 per hour, and materials at their cost to Landlord. 19. Tenant will be charged 525.00 for any returned check. Late fees will be applied to the date of restitution for said returned check. 20. Extraordinary garbage {tires, furniture, mattresses, appliances, etc.) is the responsibility of the Tenant to have removed at Tenant's expense. Rub 23 2007 2:32PM HP LRSERJET FRX p.ll ... - 21. Additional Tenant responsibilities: 22. These rules and regulations shall constitute conditions of tenancy, and violation thereof shall be a default under this lease. It is further assumed that these rules do not violate Local, State or Federal Law. In the aforementioned event, the regulation stated herein will become null and void, thus rendering precedence to the law. Date 1 /il 10 -,~_ Timothy Hogg ! ~ ~~ Tenant ~~ ~ ~ Tenant Tenant Rua 23 2007 2:32PM HP LHSERJET FRX p.12 Rfd~r 8 This rider is attached to, and forms a part of the Rental Agreement ~(~~ beginning z1 between Timothy J. Hogg, the Landlord, a d ~ the Tenant(s!. Beginning ~~~(~i~~ ~ . The following pets will be permitted h-e'~'r is: PET: BREED: WExGHT: NAME: At an additional, refundable security deposit of S An additional monthly increased rent amount of $~,~~wiil be charged for the maintenance of the above pet. Tenant is responsible for clean-up of all fecal material from yard, street, sidewalk etc. regardless of whether it was created by above pet. Tenant is responsible for all damages to property of Landlord or others resulting from the maintenance of pet. Tenant agrees that dogs are to be walked and not chained or otherwise tethered outside. Tenant is to be physically present at all times while the dog is outside the building. Tenant agrees to pay for pest infestation services after termination of occupancy. Said monies shall be the responsibility of the Tenant and shall be deducted from the security deposit. Tenant also agrees apartment upon ten the Tenant and any by Tenant. If the depositis), Tenant forthwith. that any and all pet odors remaining in the nination of occupancy are the responsibility of and all clean up of these odors are to be paid cost of cleanup exceeds the security shall surrender the remaining monies Tenant further agrees that carpets are to be professionally steam cleaned by Landlord's recommended contractor. Rus 23 2007 2:33PM HP LRSERJET FRX p.13 Landlord reserves right to revoke this consent notice to Tenant if in the opinion of Landlord employees the pet has been a nuisance to other not been maintained according to these rules. consent is revoked, tenant agrees to forthwith maintenance of the pet. Failure to discontinue considered a breach of this Rental Agreement. on three days or Landlord's residents or has In tiie event discontinue e will ~be This document when properly executed will take precidence over any other parts of this. Rental Agreement. All other terms and conditions of this Rental Agreement remain in full force. ~~ Date X51 ~ ~ ~,T1~'] . . Landlord Landlord ~i~~~" t Tenant Tenant r_~-z ~ ~ F ,-~-s ~ a ~ _ ~ ~~ Y 4~ ..,, j _ s. `k ~'... ~ ... ~~ ,~ . f ss Ar ~J J ~ ~ .} Y- --~ ---. r..: ~ , =~ ~~ '` JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAMna,CCLAWPC.COM a ATTORNEYS FOR DEFENDANT NOGG PROPERTIES, LLC, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants TO: Hogg Properties, LLC, Plaintiff c/o David J. Lanza, Esquire 356 North 213` Street Camp Hill, PA 17011 IN EJECTMENT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. & CHERNICOFF, P.C. Dated: September ~, 2007 By: d 'ngham, Esquire A I.D. o. 23144 2320 N rth Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendant ., JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM~,CCLAWPC.COM ATTORNEYS FOR DEFENDANT NOGG PROPERTIES, LLC, Plaintiff vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-4319 Civil Term IN EJECTMENT PRELIMINARY OBJECTIONS IN THE FORM OF A MOTION TO STRIKE COMPLAINT AND NOW, comes the Defendants, Maria Tsirigotis and Eric Nearhoff, by and through their counsel, Cunningham & Cherrucoff, P.C., who files this Preliminary Objections in the form of a Motion to Strike Complaint and, in support thereof, avers the follows: 1. Defendants timely filed a Notice of Appeal from the judgment of the Honorable Magisterial District Judge Martin. 2. On or about August 27, 2007, Plaintiff filed a Complaint in Ejectment. A true and correct copy of the Complaint is attached hereto, made part hereof, is incorporated by referenced herein and is marked as Exhibit "D-1 ". .; ` 3. Pa. R.C.P. No. 1054(b) provides: "A parry shall set forth in the Complaint or Answer an abstract of the title upon which the party relies at least from the common source of the adverse titles of the parties. (Emphasis provided.) 4. The Complaint filed by the Plaintiff fails to set forth an abstract of title in conformity with the Rules of Civil Procedure. Pa. R.C.P. No. 1028(a)(2) provides as follows: Rule 1028: Preliminary Objections: (a) Preliminary Objections may be filed by any party to any pleading and aze limited to the following grounds:... (ii) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 5. The Complaint filed by the Plaintiff fails to conform to a rule of court. WHEREFORE, Defendants respectfully request this Honorable Court to Strike the Complaint for its failure to conform to Rule of Court, Pa. R.C.P. No. 1056(b). Respectfully submitted, P.C. Dated: September ~, 2007 By: Tor ~ l~'~/~~gham, Esquire P I. ~j/ 23144 20 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants F.•IHomeIAHEWI7TIDOCSIM-NINEARHOFFILANDLORD-TENANT MATTERICCP PLEADINGSIPRELIMOBJECTIONS.wpd 2 t . 1 CERTIFICATE OF SERVICE I do hereby state that on the !~ day of September, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire 356 North 21~` Street Camp Hill, PA 17011 1 .Hewitt Legal Secretary ~, c~.~n ~'` .t" r ~. ~, ~ ~._; r~ -..~ N s ,1~., ORIGINAL David J. Lanza Attorney t.D. #55782 CALDWELL &KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS ~r CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT PRAEC/PE TO TERMINATE SUPERSEDERS PURSUANT TO PA. D.J. R. 1008 (B) TO THE PROTHONOTARY: Please terminate the supersedeas in the above referenced matter by reason of the Defendant's failure to make the monthly rental payments from and after January, 2008. Dated: ~\~``~ ~ ~ ~ Respectfully submitted, CALDWEL &KEARNS By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the sup rsedeas is terminated. Prothonotary fi" ~~ay~o8 ~ - ~~~ ~; " CERTIFICATE OF SERVICE AND NOW, this 24 day of January, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Terminate Supersedeas Pursuant to 1008 (B) upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS a.~- 14-031 /128252 r+~ ~__ ' <_:~ -i~i ; ~~ .i~` n.~ ; .. r ,== Sri JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAMnu,CCLAWPC.COM ATTORNEYS FOR DEFENDANT HOGG PROPERTIES, LLC, Plaintiff vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4319 Civil Term IN EJECTMENT c~ ~,> t.- _:1 ~ _ ,--, _- ~ `r~ ~ , C ---i i-i,; I T l,i~ EMERGENCY MOTION TO REINSTATE SUPERSEDEAS ~ : ~-~. ' `` ' .: ~, AND NOW, comes the Defendants, Mazia Tsirigotis and Eric Neazhoff, by ar4~ through '~+ their counsel, Cunningham & Chernicoff, P.C., who files this Emergency Motion to Reinstate Supersedeas and, in support thereof, avers the follows: 1. Plaintiff, Hogg Properties, LLC (hereinafter referred to as "Plaintiff'), is a Pennsylvania corporation who has a principal mailing address at P.O. Box 624, New Cumberland, PA 17070. 2. Defendants, Maria Tsirigotis and Eric Neazhoof (hereinafter collectively referred to as "Defendants"), are husband and wife and are adult individual who reside at 19 Gettysburg Pike, Apartment 4, Mechanicsburg, PA 17055. 1 3. A judge has neither been assigned to this case nor ruled upon any other issue in the same or related matter. 4. On or about January 11, 2007, Plaintiff and Defendants entered into a rental agreement by which the Defendants agreed to rent the premises located at 19 Gettysburg Pike, Apartment 4, Mechanicsburg, Upper Allen Township, Pennsylvania for the monthly rent of $755.00. 5. Plaintiff alleged that Defendants failed to pay rent for the months of Apri12007, June 2007, and August 2007. (Paragraph 7 of the Complaint.) 6. Plaintiff also alleges that Defendant Maria Tsirigotis tendered a bad check to Plaintiff in the amount of $755.00 during the term of the rental agreement, thus resulting in Non- sufficient Fund chazge of $25.00. (Paragraph 8 of the Complaint.) 7. The check which Defendant Maria Tsirigotis tendered to the Plaintiff, which is alleged in Paragraph 8 of the Complaint to be the "bad check" was a check issued on Mazch 31, 2007 for payment of April, 2007 rent. A true and correct copy of the check tendered by Defendant Maria Tsirigotis to Plaintiff is attached hereto, made part hereof, is incorporated herein by reference and is marked as Exhibit "D-1 ". 8. Plaintiff, Hogg Properties, LLC, contacted the Upper Allen Township Police Department and prosecuted Defendant Maria Tsirigotis for the alleged bad check tendered by her to Hogg Properties LLC for Apri12007. The matter was forwarded to the Cumberland County Office of the District Attorney for prosecution and was docketed as Commonwealth v. Maria Tsirigotis, No. CP-21-2033-2007. 2 9. This matter arose from the appeal of a judgment for possession and monetary damages entered by Magisterial District Judge Mark Martin on July 12, 2007 for the period covering Apri12007, June 2007 and July 2007 rent. 10. On July 23, 2007, a Notice of Appeal was filed in this matter. A true and correct copy of the Notice of Appeal is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-2". 11. At the time the Notice of Appeal was filed, a Supersedeas was issued pursuant to Pa. R.C.P.M.D.J. No. 1008(B) as the Defendants escrowed with the Prothonotary the sum of $2,265.00, a sum equal to three (3) months of rent. A true and correct copy of the Prothonotary's Rent Escrow Account setting forth the deposit is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-3." 12. The rent for the month of Apri12007 was included in the rent escrow payment made by the Defendants on 3uly 23, 2007. 13. Defendants, from July 23, 2007 through December of 2007, made timely monthly escrow payments to the Prothonotary of Cumberland County as is reflected in the Prothonotary's Rent Escrow Account marked as Exhibit "D-3." 14. The criminal action filed against Defendant Maria Tsirigotis was scheduled for a Pre-Trial Conference on January 15, 2008 at which time a settlement of the criminal matter was approved by the District Attorney's Office upon Defendant's payment of full restitution of $755.00 representing the rent check tendered by Defendant Maria Tsirigotis for April 2007 rent to the Plaintiff together with costs, which costs at the time the settlement was offered were unknown. 15. On January 15, 2008, Defendants' counsel attempted to determine from the Clerk of Courts the extent of the costs in order to allow Defendant Maria Tsirigotis to pay all costs and restitution by January 20, 2008 in order to comply with the understanding reached by the Defendant and the Commonwealth. 16. At the time, Defendant's counsel and Defendant Maria Tsirigotis were both advised by an agent of the Clerk of Court's Office that the Clerk's Office could not supply the costs incurred in the case until the costs were requested by the District Attorney's Office. 17. Defendant's counsel placed Assistant District Attorney Christine Mehrtens-Carlin on notice of the Clerk of Court's position and requested that she contact the Clerk of Courts in order to obtain the costs. 18. Information regazding the costs of $344.41 in this matter was not transmitted by the District Attorney's Office to the Defendants' counsel until January 18, 2008. 19. Defendants' counsel immediately contacted Defendant Maria Tsirigotis regarding the amount of the costs who advised that a commission check that was to have been issued by her employer D&H Distributor on January 18, 2008 had not been paid. Defendant's counsel contacted Defendant's employer who co~rmed that the accounting department had made an error in failing to issue Ms. Tsirigotis' commission check which should have been issued on Friday, January 18, 2008 and instead it would be issued on Friday, January 25, 2008. 20. Defendant Mazia Tsirigotis had the $755.00 to pay restitution and/or rent on January 20, 2008, however, she did not have the sufficient funds to pay the $344.41 in costs until her commission check was issued to her on Friday, January 25, 2008. 4 21. On Friday, January 25, 2008, Defendant Maria Tsirigotis received her commission check from her employer, D&H Distributing, cashed her check, and immediately deposited the proceeds with her counsel. 22. On Friday, January 25, 2008, at approximately 4:00 p.m., Defendants' counsel tendered to the Clerk of Courts the sum of $1,099.41 representing restitution of the bad check issued for Apri12007 rent which had already been paid into the Prothonotary's Office on July 23, 2007 together with the costs of $344.41. 23. On or about January 24, 2008, without having given prior notice to Defendant's counsel, Plaintiff's counsel, David J. Lanza, filed a "Praecipe to Terminate Supersedeas Pursuant to PA.D.J.R. 1008(B)" (sic) due to the Defendants failure to escrow rent in accordance with Pa. R.C.P.M.D.J. No. 1008(B). A true and correct copy of the Praecipe received by Defendants' counsel on January 28, 2008 is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-4". 24. On January 25, 2008, Defendants' counsel, without knowledge of the Plaintiff s having filed a Praecipe to Terminate Supersedeas, filed a Praecipe with the Prothonotary in the above captioned matter explaining the payment of the monthly rent to the Clerk of Court instead of escrowing the funds with the Prothonotary as the result of the double collection of Apri12007 rent. A true and correct copy of the Praecipe filed with the Prothonotary on January 25, 2008 is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-5." 5 25. On January 25, 2008, Defendants received notice of a proposed eviction posted to the front door of their apartment now scheduled for February 5, 2008 as the result of the reinstatement of the judgment for possession by the Honorable Mazk Martin. A true and correct copy of the Notice of Order of Possession is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-6." 26. Payment of Apri12007 rent both by the escrowing of the rent with the Prothonotary and again as part of the restitution in the settlement of the criminal action filed to Commonwealth v. Maria Tsirigotis, No. CP-21-2033-2007 represents a double payment of rent in violation of Pa. R.C.P.M.D.J. No. 1008(B). 27. Defendants have, in the past, complied with the escrowing provisions of the Rules of Civil Procedure and were only delinquent in this matter, if delinquent at all, as the result of Plaintiff's prosecution of a criminal action against Defendant Mazia Tsirigotis as a result of which she was required to pay restitution for a check which had already been collected by the Prothonotary on Plaintiff's behalf as the result of the filing and issuance of the supersedeas and which did not provide the Plaintiff with a basis upon which to strike the supersedeas. 28. Defendants' payment of the January 2008 rent escrow payment to the Clerk of Courts, which sum will be directly paid over to the Plaintiff should be credited on Defendants' behalf in the accounting of the Prothonotazy's Rent Escrow Account. 29. The equities of the case require a finding that but for Plaintiff's prosecution of the criminal action after it had been made whole for the tendered check, Defendants would have paid the rent into the Prothonotary's Rent Escrow Account in compliance with Pa. R.C.P.M.D.J. 1008(B). 6 30. Any act of non-compliance on the part of the Defendants is de minimis and equity under these circumstances demands the intervention of the Court and the relief sought by the Defendants. 31. Defendants are likely to prevail on the issue that the payment of the "bad check" to the Clerk of Courts within one (1) day of the date the rent was due to be paid to the Prothonotary is de minimis. (Appeal filed July 23-rent due 30 days each month thereafter.} 32. Defendants are committed to paying the rent to the Prothonotary in accordance with the rent escrow provisions of the Rules of Civil Procedure as they have in the past. 33. Plaintiff comes to this Court without clean hands as it was in a position to know and/or did know it was utilizing the criminal system to collect a civil debt. 34. Defendant's counsel contacted Plaintiff s counsel, David J. Lanza, who does not concur in this Emergency Motion to Reinstate Supersedeas. WHEREFORE, your Defendants respectfully request this Honorable Court to issue an Order reinstating the supersedeas issued and an Order directing the Honorable Mark Martin to mark the Order of Possession as revoked directing the Constable not to execute upon the Order of Possession until further Order of this Court. Respectfully P.C. Dated: January 29, 2008 By: Esquire ~A I.D.`1Vo. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants F: IHomeIAHEWITIIDOCSIM-NINEARHOFFILANDLORD-TENANT MATTERICCP PLEADINGSIPETITION TO REINSTATE. wpd 7 Exhibit "D-1 " *o3ioooo40* 04/12/2007 6412346447 'his i s a LEGAL COPY o f o4:r chock. You can use the same way you would se the original check RETURN REASON-A NOT SUFFICIENT FUNDS r` 0 0 ti it \~ P 00 o4ror.r~oo~ .• , \ S S 6430070 ,~,,. ~~ "`~' S O O S T~~s a ids ~ - y , P s s~ o a ~ ~ 1~O61I n 17vr t71AKCA al1ZAV~www Q ~ 1"1 (~. EASON-A S O ~ ,~. ~ N SUFFICIENT ~ ~ ~ 'J° ~ O C7 O FUNDS MN j '~ ~ib$urs ~ sue` rU O O O m o o o ~~ RJ O iw,Nre„rw, ,~ m o o o ~ ~ r~.~l~ ~_Cnpnw~ ,. j ' C~ 0 755Qa~ I X03 L ~O ~Q81.~; 003x3 t560156MI~ i01 + V 4~:0 3 L 20 2084: 38 3 L 560 L 56ii' ~~'00000 7 5 500~~' Exhibit "D-2" <: ~ . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL f FROM 'J/.2 3/0 y DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nq, U ? - L/ 3 / S L(,ucl Tu., 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO.OR NAME OF D.J. ~Sd-RI.A TSlJI<YGO~IS aad SSMC rf6lAiifiL#F~" 09-3-65 ADDRESS OF APPELLANT CITY STATE 21P CODE 19 C.J~T"t'Y88tfRC 1~I1iJ~, AY2. 4 :~C1iA~lICSSf75G PA 17055 DATE OF JUDGMENT IN THE CASE OF (PIAINTIFF7 , (DEFENDANT) 7J1~/OT HoSg Prape>rti~a, LLC ..-_, si asd Searhof! vs _....: SIGNAT OF AR A'1`rORNEY OR AGENT ~ CV YEAR ~,,, LT YEAR 04ftf121~~-07 This block will be signed ONLY when this notation is required under PA. appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No.1008B. This. notice of Appeal, when received by the District Justice, will operate as No. f00i(6)) in action before district Justice, he A SUPERSEDERS to the Judgment for possession in this case.: =' MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. r' PRAECIPE TO-ENTER RU _ T :FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY why eppellant was DEFENDANT (see PA R.C.P.J.P. Na.1001 j7) in action before tistrict Justice. IF Nt3T USED, detach from copy of notice of appeal to be served upon appellee.. PRAEC{PE: To Prothonotary Ka )Pra szf»ies I.LC Enter rule upon ~ P ' , appellee(s), to fit~a+a c int in this appeal Name of appellees) ~,~ ~ . (Common Pleas No. ~')'- `~.3 / 9 )within twenty (20) days after service rule or n udgment of non pros. S' lure of appellant or his attwney or agent RULE: To fb99 ~~ ~ LLC , appellees) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within tylfenty(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 niif fif~ ~'~tifnp~aint within this time, a JUDGMENT OF NON PROS WELL BE ENTERED AGAINST YOU l.ti~N`PRA~C PE.1 `+,, ,. (3) :The date of service of this rule if service was by mail is the date of the mailing. ~ 1 +~ aZf~b r ~~teM1 ~ /~• 1~ ,Year ' ~ Signature of Prothon tary or laeputy -' `"" :s White - Proth ary Copy Green - Court 1 , ~ , Yelk>wv - Appelant's ~ «-:` Pink - Appellee Copy +~"`~"~*`~ Proth. - 78 Gold - D. J. Copy Exhibit "D-3" 15525812262007 Cumberland County Prothonotary's Office PYS510 Civil Case Print .. 207-04319 HOGG PROPERTIES LLC (vs) TSIRIGOTIS MARIA ET AL Reference No..: Case Type.....: APPEAL - DJ Judgment...... .00 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- Page 1 Filed......... 7/23/2007 Time.......... 12:29 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info NOGG PROPERTIES LLC PLAINTIFF P O BOX 624 NEW CUMBERLAND PA 17070 TSIRIGOTIS MARIA DEFENDANT CUNNINGHAM JORDAN D 19 GETTYSBURG PIKE APT/STE 4 MECHANICSBURG PA 17055 NEARHOFF ERIC DEFENDANT CUNNINGHAM JORDAN D 19 GETTYSBURG PIKE APT/STE 4 MECHANICSBURG PA 17055 ******************************************************************************** * Date Entries * ******************************************************************************** FIRST ENTRY - 7/23/2007 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY JORDAN D CUNNINGHAM JR ESQ *SUPERSEDEAS SIGNED ------------------------------------------------------------------- 7/23/2007 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------------------------------------------------- 7/23/2007 RENT PAID $2265.00. ------------------------------------------------------------------- 7/30/2007 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT BY JORDAN D CUNNINGHAM ATTY ------------------------------------------------------------------- 8/17/2007 RENT PAID $755.00 ------------------------------------------------------------------- 8/27/2007 COMPLAINT -BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 9/14/2007 PRELIMINARY OBJECTIONS IN THE FORM OF A MOTION TO STRIKE COMPLAINT - BY JORDAN D CUNNINGHAM ESQ FOR DEFT ------------------------------------------------------------------- 9/20/2007 RENT PAID - $755.00 10/12/2007 RENT PAID - $755.00 ------------------------------------------------------------------- 11/19/2007 RENT PAID - $755.00 ------------------------------------------------------------------- 12/21/2007 RENT PAID-$755.00 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq Bal P}*nrtts/Ad~ End Bal ******************************** ******** ****** ******************************* APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 RENT 2265.00 2265.00 .00 RENT 755.00. 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 ------ - 755.00 .00 - ------ 6118.25 ---------- --- 6118.25 --------- .00 Exhibit "D-4" JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM(l>)CCLAWPC.COM ATTORNEYS FOR DEFENDANT' HOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2007-4319 Civil Term ~-~ ~' -:, :~ c-_- .~a MARIA TSIRIGOTIS and IN EJECTMENT .~.,- ~.-~, ~_ -~_ ,~.~. --- ERIC NEARHOFF, =-~' z ~?`~ Defendants f'' ~ ~ ,.,~ ~ 'S - , ,_~ ~,--~ ~ .ira-+ PRAECIPE • • ~, ~ _~ TO THE PROTHONOTARY: The rent for this month in the amount of $755.00 has been paid by Defendant, Maria Tsirigotis, to the Clerk of Courts, to Docket No. CP-21-2033-2007 to compensate Plaintiff, Hogg Properties, LLC, for a check tendered to Plaintiff in March, 2007 for April, 2007 rent which check was subsequently returned to Plaintiff for non-sufficient funds. The April, 2007 rent was included in the Magisterial District Judge's judgment which is the subject of this matter. To obtain a supersedeas, Defendants deposited the sum of $2,265.00 into the rent escrow account on July 23, 2007, a portion of which represented April, 2007 rent in the amount of $755.00. Thus, the payment of $755.00 to the Clerk of Courts represents a current rental payment to Plaintiffs benefit pursuant to Pa. R.C.P.M.D.J. No. 1008B. Respectfully submitted, & ~RNICOFF, P.C. Dated: January , 2007 By: -~ r gham, Esquire PA I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants F: IHoneeIAHEWI771DOCSIM-NWEARHOFFILANDLORD-TENANT MATTERICCP PLEADINGSIPRAECIPE 012108.wpd CERTIFICATE OF SERVICE I do hereby state that on the day of January, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire 356 North 21~` Street Camp Hill, PA 17011 Legal Secretary Commonwealth of Pennsylvania RECEIPT Court of Common Pleas County of Cumberland Receipt Number: 21-2008-R2132 9th Judicial District , s f Recorded Date: 01/25/2008 04:15PM Receipt Date: 01/25/2008 Payor: Jordan Daniel Cunningham, Esq. 2320 N 2nd St Box 60457 Harrisburg, PA 17106-0457 Payable to: Cumberland County Clerk of Courts Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Payment Source: Window Payment Payment Method Check /Money Order Bank Transit Void Payment Amount Date Number Number 01/25/2008 Check 011676 No $1,099.41 Items Receipted: Responsible Participant: Maria Tsirigotis Docket Number: CP-21-CR-0002033-2007 Items Receipted Pre-Paid Deposit - ESCR Sheriff Costs (Cumberland) - CTY - 21 TOTALS 618.41 =1,117.82 (51,098.41) =18.41 Total Amount Owed by Responsible Participant on this case: Total Amount Owed by Responsible Participant on all nor archived cases in this Court: Payment Summary: Total Payment Received: $ 1,099.41 Change Amount: $ 0.00 Retained Unapplied Amount: $ 0.00 Payments Less Change: $ 1,099.41 Comments: cs RETAIN THIS RECEIPT FOR YOUR RECORDS Short Caption: Comm. v. Tsirigotis, Maria Original Beginning Transaction Amount Ending Assessment Balance Type Paid Balance $0.00 $1,099.41 Payment to Escrow ($1,099.41) $0.00 $18.41 $18.41 $0.00 $18.41 ;18.41 ;18.41 AOPC 2128 - 2008 REV. 01/25/2008 01/25/2008 4:15:34PM Exhibit `D-S" __ . ~.: - ~ i \ .~ ~~~f. ~~;1i David J. Lanza Attomey I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT PRAECIPE TO TERM/NATE SUPERSEDERS PURSUANT TO PA. D.J. R. 1008 (B) TO THE PROTHONOTARY: Please terminate the supersedeas in the above referenced matter by reason of the Defendant's failure to make the monthly rental payments from and after January, 2008. Dated: ~ l~'`t ~ d `~ Respectfully submitted, CALDWEL & KEARNS i By: David J. Lanza Attomey I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the supersedeas is terminated. Prothonotary (', i CERTIFICATE OF SERVICE AND NOW, this 24 day of January, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Terminate Supersedeas Pursuant to 1008 (B) upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS a,~~ 14-031 /128252 Exhibit `D-6" COMMONWEALTH OF PENNSYLVANIA r,nl wrv nF• ('~~ Mag. Dist. No.: MDJ Name: Hon. 09-3-05 lvlt+t= l[31ATIN Address: 507 ]R YO>RZ 8T ~~~~TCSSIIRO, Telephone: (717) 766-4575 P7L 17055 Y71>iLI11 TBIjtIt70TI8 19 ~3ETTY8BV>itG PIZ! 1-PT/9T! 4 1aC871YIC8BVRG, P1- 17055 Judgment Amount $ 4, 048.00 Costs in Original LT Proceeding $ • r Costs in this Proceeding $ 38.00 Attorney Fees $ . 00 Total $ 4, ZZO.00 ORDER FOR POSSESSION, RETURN AND NOTICE PLAINTIFF: NAME and ADDRESS ~sooa PYOPEritTlsB LLC P.O.BOZ 6Z4 H3N C>Dl~Ef1Ja71~ID, P11 17070 L vs. DEFENDANT: NAME and ADDRESS ~T9IIItI010TI8, 1fLa~tl~, ZT 71L . 19 a=TTYBHII>R~ Plzi 11PT/8T= 4 1~718TIC8801it0, P]1 17055 L Docket No.: LT-OOOOZI6-07 _ Date Filed: 6/Z5/07 Time Filed: 3 s 40P1L Date Order Filed: 1/Z4/OS J 1 J Ordiar jtaiastatad. ~taquaast for raiastateauat filed 1/Z4/08 (Data). TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgment for possession of real property located at: Address if any: Requests that you Issue an or suc property. Date: Plaintiff: (Signature on File) ORDER FOR POSSESSION To: 111ILLIZIit D H=88= (Sheriff or Certified Constable) You are hereby directed to deliver actual possession to plainttff, or hls agent, of real property located at (Give location and/or address): . Date: t ~ g Time: ~ ~~ 1 _ Magisterial District Judge Date: 1 Time: ;t7 ~ -!~L~-~' 9Mrrilf•or Certified Constable RETURN ^ Defendant (Name): LJ Adult person in charge ame Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of serviceL,_ at (Location and Address): (Since none of the abov Q~tn rued by ing a copy of the complaint conspicuous on t premises at (Date): ` O (Time): d. ''Z ~ ~1~A ^ Order satisfied by pay ent r nt in arrears and costs ^ Premises vacated without forcible entry and ejectment Amount Paid $ ^ Forcible entry and ejectment (Date): Distribution $ To (Time): ^ Returned within five business days following delivery of $ To possession to plaintiff or satisfaction by payment of rent $ To In arrears and costs. $ TO Expenses and fees of sheriff or certified constable $ $ To (signature or sheriff or cen~red constaWe> $ To (Pont Name and Tidel NOTICE TO DEFENDANT TO VACATE If you, and aii the uccup) its of this proper y no authorized by the ow~ be p sent thereon, do no sate this property within ten (10) days after the (date of service day of ~ .~/ ~ the law authorizes me to use, and I must use, such force as may be necessary to enter upon this r , by the breaking in of any door or o erwise, and to eject you and all unauthorized occupants. If necessary, eviction will commence on after 12:01 AM. g ~~>~, At any time before actual delivery of the real property is made in execution of the Order for Possession, the defendant may, in a case for the re- covery of possession solely because of failure to pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in arrears and the cost of the proceedings. (:nr„n~ata if i~,rinment of Dossession is based solely on failure to pay rent. Rent in Arrears $ f0~ ~ ~ Costs $ COMMONWEALTH OF PENNSYLVANIA rrnl wTV n~• CO]~sItL71UD May. Dist. No.: MDJ Name: Hon. 09-3-05 • 1fAitZ YBS.TIN Address: 507 ]Ift YO]I;I 8? 1tsCS]1>dIIC8HIIR0, Telephone: (717) 766-4575 P7- 17055 EjtIC 1RS11jt80P! 19 G!t?lBB~ PI=s 11P?/8?s 4 11~IC8BD~i, P11 17055 Judgment Amount $ 4, 048.00 Costs in Originsl~ LT Proceeding $ ~- • Costs in this Proceeding $ 38.00 Attorney Fees $ . 00 Total $ 4, 230.00 ORDER FOR POSSESSION, RETURN AND NOTICE PLAINTIFF: NAME and ADDRESS ~HOOO P~tOPSfE?I!8 LLC P.O.BOZ 634 HsN CDI~lStL11Ba, P]1 17 0 7 0 L VS. DEFENDANT: NAME and ADORESs r?8IZI00?I8, Y9JtI11, s? >,L. 19 Os??=BBDItO PIZS AP'r/8?s 4 1LiC8]1UIC8BDBO, P71 17055 L Docket No.: L?-0000316-07 Date Filed: 6/35/07 Time Filed: 3 s 40PI[ Dade Order Filed: 1/34/08 - J 1 J Order itsiaastat~d. ~tt,Znea•t for rfalastattfflaMat filmed 1/34/08 (Data) . TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgmeti~~fiot'pcsssession of real property located at: _ Address if any: Requests that you issue an or su property. , ,• .:- Date: Plaintiff: (Signature on File),;" " "J ORDER FOR POSSESSION able ~, To: KILLIZI[ D 8s88s (Sheriff oir Cet;~ec# } You are hereby directed to deliver actual possession to plaintiff, or his agent, of real propa~y loc~at~( ive locat~n and/or address): ~ ~~""~'~""' `'° Date: I ~ " Time: ~`' -. „~U~ ~r. l ~,Qi`st ~ Judge Date: ~'~~~~~ Timer SR I©.l;,CertlfJf~d ~onstable RETURN f~ Defendant (Name): U Adult person in charge erne Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of service): a (Location and Address): Since none of the abf~v f ~ gy,rasting a cop Time a complaint co sgigu~fs pit t premises at (Date): f v ( ) G.3 NI D Order satisfied by pa ant of rent in arrears and costs D Premises vacated without forcible entry and ejectment Amount Paid $ , Distribution $ To $ To $ To $ To $ To $ To (Prim Name and Ttie) NOTICE TO DEFENDANT TO VACATE If you, and all the occupants of this a authorized by the ow be esent thereon, dgJt ~acate this property within ten (10) days after the (date of service) ~~~ day of ~~ VV~, the law authorizes me to use, and 1 must use, such force as may be necessary to enter upon this~pr~~ ,ba ~ breaking in of any do~r c~ttt~r~s~nd to eject you and all unauthorized occupants. If necessary, eviction will commence on V,,LL CCJJ after 12:01 AM. ~j At any time before actual delivery of the real property is made in execution of The Order for Possession, the defendant may, in a case for the re- covery of possession solely because of failure to pay rent, satisfy the Order for Possession by pa ing to the executing officer the rent actually in arrears and the cost of the proceedings. ~U~ ~ (~"~ , ,. , __ •_ __...__. n,..,..., n...,~.~ e ~ rnctc 4 t D Forcible entry and ejectment (Date). - (Time): D Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent in arrears and costs. Expenses and fees of sheriff or certified constable $ (Signature of Shenft or Certified Constable) CERTIFICATE OF SERVICE I do hereby state that on the day of January, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Angela a itt Legal Secretary CERTIFICATE OF SERVICE I do hereby state that on the day of January, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 The Honorable Mark W. Martin Magisterial District Court 09-1-03 98 South Enola Drive Suite 1 Enola, PA 17025 e .Hewitt Legal Secretary .. ,a . . _. , . {~~ ~-~ %~ - .. L,: r d ^r , .,~ 1 .~ :is .x JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL : 7CUNNINGHAM~,CCLAWPC. COM ATTORNEYS FOR .DEFENDANT NOGG PROPERTIES, LLC, Plaintiff vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4319 Civil Term IN EJECTMENT PRAECIPE The rent for this month in the amount of $755.00 has been paid by Defendant, Maria Tsirigotis, to the Clerk of Courts, to Docket No. CP-21-2033-2007 to compensate Plaintiff, Hogg Properties, LLC, for a check tendered to Plaintiff in March, 2007 for April, 2007 rent which check was subsequently returned to Plaintiff for non-sufficient funds. The April, 2007 rent was included in the Magisterial District Judge's judgment which is the subject of this matter. To obtain a supersedeas, Defendants deposited the sum of $2,265.00 into the rent escrow account on July 23, 2007, a portion of which represented April, 2007 rent in the amount of $755.00. Thus, the payment of $755.00 to the Clerk of Courts represents a current rental payment to Plaintiff's benefit pursuant to Pa. R.C.P.M.D.J. No. 1008B. Respectfully submitted, Dated: January , 2007 By: ~d~fb~u~ngham, Esquire PA I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants FF, P.C. F: IHomeIAHEW1771DOCSIM-NINEARHOFFILANDLORD-TENANT MATTERICCP PLEADINGSIPRAECIPE 012108.wpd r~ CERTIFICATE OF SERVICE I do hereby state that on the day of January, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire 356 North 21St Street Camp Hill, PA 17011 Legal Secretary David J. Lanza Attorney l.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRlGOTIS and IN EJECTMENT ERIC NEARHOFF, Defendants. PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS Denied. The aforesaid averment constitutes a conclusion of law which requires no responsive pleading. 2. Admitted. 3. Denied. This averment constitutes a conclusion of law which requires no responsive pleading. By way of further denia{ this provision relates to cases in which title to real property is disputed. This case involves a simple landlord tenant eviction for nonpayment of rent (among other lease violations). Title to real property is not at issue. 4. Denied. This averment constitutes a conclusion of law which requires no responsive pleading. By way of further denial the argument retied on by Defendants relates to cases in which title to real property is disputed. This case involves a simple landlord tenant eviction for nonpayment of rent (among other lease violations). Title to real property is not at issue. 5. Denied. This averment constitutes a conclusion of law which requires no responsive pleading. By way of further denial this provision relates to cases in which title to real property is disputed. This case involves a simple landlord tenant eviction for nonpayment of rent (among other lease violations). Title to real property is not at issue. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' preliminary objections, or, in the alternative, allow Plaintiff to amend its Complaint. Dated: ~'2 ~` ~' Respectfully submitted, CALDWELL & KEARNS By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 14-031 /128300 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 28th day of January 2008, on the following by depositing a true and correct copy of the within document via facsimile to (717) 238-4809 and in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS By (,') ^tia C'- r'=' ,..,~ ,- ~ .''a n. "'l ,"!,} C°J ~~ -::3 `, 3 AAA 3 82006 NOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN EJECTMENT ORDER AND NOW, this~day of January, 2008, after having reviewed the exed Motion to { 3 ~~rr(N~r~ Reinstate Supersedeas and upon motion of Jordan D. Cunningham, Esquire, tlae-P h~a~le Reinstate the Supersedeas until further Order of this Court and the Honorable Mark Martin, Magisterial DistriLct J~udg~e, is Ordered to mark the Order of Possession docketed to No. LT-0000216-07 ~ and to direct the Constable to refrain from executing on the Order of Possession on February 5, 2008 until further Order of this Court. A hearing on the matters raised in the Defendants' Motion is hereby scheduled to be heard on D , 2008 in Courtroom ~ at County Courthouse, Carlisle, PA. ~~w-, ~ 3: 3 v o'clock ~.m. Cumberland CL~ ~~ ~ --~. r11Q ~" ~~! l I ~. ~~~ ~~ Distribution: 1 ~" " . ~rdan D. Cunningham, Esq., 2320 N. 2"d St., Harrisbi ~vid J. Lanza, Esq., 3631 N. Front St., Harrisburg, P ~gg Properties LLC, P.O. Box 624, New Cumberlan . ~he Honorable Mark Martin, Magisterial District Cow 17025 4~~ r- ~' tt~ wQ ~ ~~' ~- ~_~ ~ t "~ `~F ~ Z ~ ~~ ~ ^a " ~$ EJ David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff ORIGINAL HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT ANSWER TO DEFENDANTS' EMERGENCY MOTION 1. Admitted in part. Denied in part. Plaintiff is a Pennsylvania limited liability company. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part. Denied in part. The judgment was entered in the amount of $4,048.00 (plus costs). The judgment amount far exceeds three (3) months rent. 10. Admitted. 11. Admitted. 12. Denied. The escrow requirements do not specify which months are being escrowed. Plaintiff's judgment far exceeds three months rent. The criminal case remained active through January 2008 despite the escrow payment. 13. Denied. The prothonotary's printout speaks for itself. By way of denial, all such payments are in default as Defendants have no basis to withhold said payments from Plaintiff. 14. Denied. Plaintiff has no knowledge regarding resolution of the criminal matter and the same is hereby denied. By way of further denial, this averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for maintaining a supersedeas, which requirements Defendants have not met. 15. Denied. Plaintiff has no knowledge regarding resolution of the criminal matter and the same is hereby denied. By way of further denial, this averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for maintaining a supersedeas, which requirements Defendants have not met. 16. Denied. Plaintiff has no knowledge regarding resolution of the criminal matter and the same is hereby denied. By way of further denial, this averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for maintaining a supersedeas, which requirements Defendants have not met. 17. Denied. Plaintiff has no knowledge regarding resolution of the criminal matter and the same is hereby denied. By way of further denial, this averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for maintaining a supersedeas, which requirements Defendants have not met. 18. Denied. Plaintiff has no knowledge regarding resolution of the criminal matter and the same is hereby denied. By way of further denial, this averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for maintaining a supersedeas, which requirements Defendants have not met. 19. Denied. This averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for the maintenance of a supersedeas, which rules contains no provisions for waiver in the event of disputes between a tenant and her employer. 20. Denied. This averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for the maintenance of a supersedeas, which rules contains no provisions for waiver in the event of disputes between a tenant and her employer. 21. Denied. This averment is irrelevant to the issues of this case and this Motion. Plaintiff has no knowledge of any disputes or issues involving tenant's employer. Rule 1008 contains specific requirements to maintain a supersedeas including payment of funds to the prothonotary, not to a tenant's counsel. 22. Denied. Plaintiff has no knowledge regarding resolution of the criminal matter and the same is hereby denied. By way of further denial, this averment is irrelevant to the issues of this case and this Motion. Rule 1008 contains specific requirements for maintaining a supersedeas, which requirements Defendants have not met. 23. Admitted in part. Denied in part. It is admitted that Plaintiff filed the Praecipe pursuant to Rule 1008(b). The date on which Defendant's counsel received said Praecipe is hereby denied. Exhibit D-4 constitutes a document filed by Defendants, apparently for the purpose of inducing the Prothonotary to ignore the requirements of Rule 1008 based upon the payment of restitution in the criminal case. This attempt was apparently unsuccessful. The document marked as Exhibit D-4 has never been served upon Plaintiff until it was attached to this Motion. 24. Denied. Exhibit D-5 constitutes Plaintiffs Praecipe to Terminate supersedeas. It is admitted that Defendants attempted to circumvent the requirements of Rule 1008 without a court order and without notice to Plaintiff on the basis of their payment of criminal restitution in a separately docketed criminal matter. 25. Admitted in part. Denied in part. It is admitted that the judgment for possession was reinstated by virtue of the termination of the supersedeas. The document marked as Exhibit D-6 speaks for itself. The method by which Defendants received notice is beyond Plaintiffs knowledge and is hereby denied. 26. Denied. The payment of criminal restitution charges in a separately docketed matter has no bearing upon this Motion or the requirements of Rule 1008. It is denied that any double rent has been paid. It is denied that the escrow money constitutes restitution for the bad check written by Defendants. Byway of further denial, Plaintiff's damages and rent claims far exceed the amount in escrow notwithstanding any said payments. 27. Admitted in Part. Denied in Part. It is admitted that Defendants are delinquent. It is denied that any double rent has been paid. It is denied that the escrow money constitutes restitution for the bad check written by Defendants. Defendants have been in default under various provisions of the Lease from a time shortly after Lease inception. Defendants failed to make good on the bad check for nearly ten (10) months. That the criminal proceeding continues at this time indicates that escrow payments from six (6) months ago do not reimburse Plaintiff for the bad check. 28. Denied. The criminal proceeding is a separate matter. Rule 1008 makes no provision for crediting payment of other amounts between the parties toward the escrow amounts. A policy of allowing restitution in criminal cases to resolve civil cases would subvert the process of justice in criminal matters and provide an incentive for criminal defendants and victims/witnesses to make separate arrangements. The Commonwealth has independent reasons for prosecuting crimes, which reasons go beyond simply making the victim whole. 29. Denied. The equities require no such finding. Defendants have been late or delinquent with rent since shortly after the inception of the Lease Agreement. Plaintiff s damages exceed any amounts held in escrow at this time, even under the formula proposed by Defendants through this Motion. The Lease Agreement has expired by its own terms, thus giving Defendants no claim upon the rental unit. 30. Denied. It is denied that Defendant's non-compliance is de minimis. The Lease has expired by its own terms, thus giving Defendants no reasonable basis to assert the right to remain in the property. By way of further denial, Rule 1008 recognizes no de minimis exception. 31. Denied. Defendants are not likely to prevail on the issue of possession of the premises in that their Lease has now expired regardless of the issue of any defaults. The payment of the bad check to the Clerk of Courts is unrelated to the Defendants' escrow requirements. The criminal matter proceeded under its own schedule unrelated to Defendants' duties pursuant to Rule 1008. By way of further denial, Rule 1008 recognizes no de minimis exception. 32. Denied. Defendants' failure to pay January's rent was consistent with Defendants' failure to pay rent from a time period shortly after the inception of the Lease, which failure has occurred repeatedly afterward. By way of further denial, regardless of Defendants' commitment, the underlying Lease has expired by its own terms giving Defendants no claim to possession of the unit. 33. Denied. Plaintiff is the victim of a crime. Defendants' argument would essentially re-write the criminal statutes by prohibiting prosecution of those who write bad checks. All victims of bad checks are owed money which can be considered a "civil debt." The legislature has enacted criminal statutes for the purpose of prosecuting crimes such as these. Law enforcement authorities in Cumberland County, as well as this Court have proceeded with the criminal case notwithstanding the fact that there is a "civil debt" owed to Plaintiff. Defendants have no basis to accuse their victim of having unclean hands. 34. Defendants' counsel spoke to Plaintiff s counsel on January 29, 2008 via telephone at which time Plaintiffs counsel refused to concur in this Motion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' Motion. Dated: ~/~ /U ~ Respectfully submitted, CALDWELL & KEARNS By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 14-031 /128529 CERTIFICATE OF SERVICE ~-- J I hereby certify that I have served a copy of the within document thi ~ day of January 2008, on the following by depositing a true and correct copy of the within document via facsimile to (717) 238-4809 and in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS VERIFICATION I, Timothy Hogg, verify that the statements made in this Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. date: ~ 3 l I ~ ~ By: Timothy Hogg Q ~ ~- ,, ~, R . „ ~~ ~" w ~, :.~ nz :._ ("-w - = J ., ~;.. •y. -< ~_ David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT PLAINTIFF'S MOTION FOR THE USE OF ESCROW PROCEEDS PURSUANT TO Pa.R.C.P.D.J. 1008 B A related matter in this case has been assigned to the Honorable Judge Guido. 2. Movant is the Landlord entitled to collect rent pursuant to the Rental Agreement attached hereto as Exhibit "A". 3. Movant is the Plaintiff in an eviction action currently pending against Defendants for the above-referenced premises. 4. This Court has entered a supersedeas based upon the Defendants' payment of proceeds into an escrow account held by the Prothonotary following Defendants' appeal of a judgment for possession against Defendant in the above- referenced case. (The supersedeas is the subject of a separate Motion in this case.) 5. The Prothonotary has currently collected escrow proceeds in the amount of $6,040.00. 6. Pursuant to Pa.R.C.P.D.J. 1008 B, Movant is entitled to recover from the escrow proceeds amounts sufficient "to compensate the Landlord for the Tenant's actual possession and use of the premises during the pendancy of the Appeal." 7. During the pendancy of the Appeal, Movant has incurred real estate taxes attributable to the unit at issue in the amount of $516.04. 8. During the pendancy of the Appeal, Movant has paid insurance expenses attributable to the unit at issue in the amount of $221.55. 9. During the pendancy of the Appeal, Movant has incurred sewage charges attributable to the unit at issue in the amount of $239.43. 10. During the pendancy of the Appeal, Movant has incurred municipal trash charges attributable to the unit at issue in the amount of $106.82. 11. During the pendancy of the Appeal, Movant has incurred lawn case expenses attributable to the unit at issue in the amount of $105.00. 12. During the pendancy of the Appeal, Movant has incurred mortgage interest expenses attributable to the unit at issue in the amount of $1,315.04. (This amount does not include amounts incurred for mortgage principal). 13. Pursuant to Rule 1008 B, Movant is entitled to the escrow proceeds to compensate Movant for the above-referenced expenses that Movant has incurred. 14. Plaintiff s counsel has made Defendants' counsel aware of the contents of this Motion, and Defendants' counsel has not concurred therein. WHEREFORE, Movant requests that this Honorable Court grant an Order authorizing the Cumberland County Prothonotary to remit proceeds to Movant in the amount of $ 2,503.88. Respectfully submitted, CALDWELL & KEARNS Dated: ~ ~3 ~ ` 0 ~ By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 VERIFICATION I, Timothy Hogg, verify that the statements made in Plaintiff's Motion for the Use of Escrow Proceeds are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 78 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: ~ 3 I (° ~ By: Timothy Hogg CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 31 st day of January 2008, on the following by depositing a true and correct copy of the within document via facsimile to (717) 238-4809 and in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS av ~ 14-031/127710 /~ 141y~ ~'3 t1t1"7 ~i ~8P''Ml ~4P LRdiERJ'Et Fl~4 ~-• ~ • „ .. '!!~If It +i- ~. 8y si~3~-q, tb~ 7`a~n-~nt qr~s that Tsn~utt hss read this less artd h~~ had th1~ op~pctrtunty to rsk qu~re~~.~s+~ abut t~t~ 1~. the ~~~~ d ~~c~~~~rd ages tit s '~ tai ~ ~~. ~Ri9 ~-s~eartis~, LLC is ttts Lancl~asd. h~.t~it~ Tsic~gvt3~~ ~t~d Lri~ t~a~~hs~f axe the S+~tr~rrts. "his leaa~ is fac 19 GsttysD~rg F1ka 1~~, +ls~han~csb~r~. PA 1'~{?5 Thin lasas bsQn~s on ~:>11~`2A~?. Tttf~ ~~ sr~is oe~ ,~~i~'i'~1' ~+r~tnt ~~t i~o+k~~y t~,, writisq ~~.xty days bs~ss~s the snd ©f this ~+~~ that ~srt ire m~ofinQ out. Tt' ~Man~t dcti+~r= nit n4Cffy ~z~d1Qr~ that b~~'ahs is aavi~-q C?Lit,tiY landlord s trot sxtsn~d a ,c~as~tract re+nasal, the Lsas+t ~!.~ll ~uttti~wtll~ t»~ ~r mgt-t~~ 7~eas~s at aaaxtth-to-santh rats. Ire or+~s to +~d tF~ Maas s~trlnp the ~~~~~--~~~ p+~r1C, ~M '~iesa~-t asst rity 1~c+rd is wa~i~tianq at Lsast 60 rlsyt h~rtnxs ~~t 4~~rs ~~ ~ tart . ~- iull s~nsh's rs~rst shaYl ba dus tv~r any ~rtiaZ na~th is ~ti~h ~~~~ cs~iia ant ~rta~sx~t. ~anl~ is P~Ya~rit in ~0nthly .tn~tal~snt.s a! X735 ~ 00 a~ .~~ in tdtr~;ttc~ eta ar b~~~ts tlt~s ~ d+hy o~ ~~oh a~a~-th ~~ thS~- ~a ~sc~t is to a~slsd to ~~~ ~Qllcrirtnq r~riss ~oqq @ropsrtfsv LLC ~Iaw ~u~ob+srlasad, Pa- l"1f170 ~M~t ~M t>~C ~[o~ay C~xc~e~r~i ~~C~ '~~"? ~ t to "~94 P9C'~,~+N" . s T's'C lam d~itsd ~"~. +~~ a ~tltY ~~~~?. Th#~s ssrlty ~~t ie hsld by tb~ Laadlard in ~~,1 t~COngh+~ttt ~?~~ t~~h o! the lass a~xdlss~r t~ t3rs aarvsr~t ~! the ~~awlt appiis~l tv any mss tQ th+r ~rpa~t caa.ssd '~e~nt, hi+r/hsr f~an~.y~ qu~s~Cs ~ pats. Ths ~rity ~i1c a lv ba u~d fc~c +t~y ~s !s sn b~zsski~~g Chs laMaaR, fs~ant' unpid bl2la~. or ncrt ~~~~ frt. of the mat c~us, Sara t ~~~~~-~~s~~~~~~« F~~~ L-S ~O'7 ~s ~M ~,I~~ERJET R ~ ~ rte.'. ~ ,r •; 1~... r ~ . !~""~ r ;x~i~' ~ ~' ~ , '' '' ~' 3~ tom' ~: in+cr~asad xa~~ b~gns IrTT iY of t!~ ~-nth, ~ ~ dollar x+>r +~~ '~ e~ ~t f~.t~t da+~,, aid f~r~re e,~a11a~,~ Derr e,~f,~t,y- a~t~ce~c ~lrt iCixat day ~-~' taut r~dth. T?~~ x i~e~d a~irilts~atita- +oo~s ~uAd s~r~r. ~,4 ,~ #~' ~~'!: ~'he ?~n~ has ~.~c tba e~a~t and char ^part~srxt is ty satisfa+~tacy cordtterrx ~~ rat is l~+rasse! in ~~ I ~ eu~~:t s.o~ . ~~ tbe~ +~'~~~~ tilt s+rpiintiraq spa r or Qty wrx'k Go pea~e3d fn t~+s f~~t hx~ ~ burn c~~t+~, ~b~ t.~rarw th~1- t~ is tt~ ~v~- ire,, ~!'~~ 1aar~r will r~rt~ ~~ ~l ~ a-~t ~~~ l.l. rrti~l b! Ir~bi~e ! a l rests. ~,rn~rn~ ~ ttt ~o ~~t i~ too r~x+~t+t<- xais trx ~ t~ e~ra~t ~la~~ ~~s~~~rly rrrittlsr h-e~s t~lL,r fern ~tsx r+~>ri, 3:a#1e- tb iaa poa~sriern of ~ht apex, taunt f a at 1.1 x~arrsrrtblsr fees a7~.1 rants abli~tiaans ~trttl. ~a~ - ab1~T lied a xa~-lacarst taprant faux t!» a~trt. ~ ~r ?!eft i~ ra~r~ro~r~blal i`O~ rill ~a~ltixs ~ ar a~tuaxk rr~a, ~. ate. bia'~Itsd toila~r+tsl~ratve~~r~.nka~. ~t is a2.sc- xarwf~~ibla~ ~ light tr~,lba a i~t~sarax as they b~ t#a~i~3t~'~' Lrnwd~layx~ mall a~eie~ae rort~r't ram r i s eta a~r~-<t '" ~1r21. "' I t i ~t t Tit' # D+~~bi l.f:t~t t4 rap~os eta: ~t l~Dt~ld be s3a«nra~s air r~-sl~at~# ~pataMl~r t~- L~xd In # allr~narrt 3wsnaa~ htrr pert ~liau,"1 Litao~ll~xd a~!° a n~ ~arpaix aax afe~ita~er, ~ ila~rility ar'err ft~r~e2~. ca~a~+~ibli.t~ st~l1 bd a~arsu~d b~ ~ena~t. 'mss fzti~ a~+~.sar~arr ~ 1r ~rxL C1a~rtfr afvoa! a ;~` ~uldu~p ~ ~' ~'bi att~idaf ta+Grtr..lsu. ~tnt a4~ that aay P~'t t~nfa~statia~r ss ~ ~~ Qf' atfh+r •p~a~t~a :tart ba~i>~ 1c cl~r~aa is #~sa~rfki~r+f tbs lar+~ss. ~Y pakrrt contr+o3 ewsz~ric+w wi 1 ~. bat a~ra.t~s~d: ter tl~a~ T+nr~t . ~~ f arFart~est is ferr raaa~ ~~ ar r~sianeae this r~asct T+~ssta mho b*as s~3.narpd t1~a lase axu! t~i~r ch3ldt~a. 7C+arrt Mill ~xsa~ t~ris~ s~+er~t tar~r any ty of b~s#auara. 9`sa~urat ~r3i Hart oar tt~a ar~rsrtrw~rftt ferx +disaxx+~rtrly- err rurlatxiui A~~ 9 ~'Q~lT ~ e E!!~'M ~R 4.~1'slRJ~~' ~lIK '' ~ ., . . »_ ~,~ . -• vs ~n ati.~- ~z alf+~s#,~e to at~t+srw~ ~t~trt w~~, Y ails ~r'al ~tat~t+ -tY a~ud t2 ~tt-i~. f ~s arsMt ~~ 4 ~'s+ra~t ar3ur11 trot sttewd~t to ~ ti~rad mans ~ ~~s shsl~. hr coal ~a+~trriog ~d dais t<e~ star~+ ++.~ a ~~-s sa ss trot to dss~ 'tla~a. ~~' aad iotlre a! X11 ~rt~et~lod+a ~tt~3 Brie i~r th+~ roip+aArrib3,lty c+f ste~ent . ~sRa i~e3y appli~t~ ~~ ara Ott tha spajttat ors ~httar~r at tds aa~tss of the ~art~. I~aadYo~ci aq~rs~us to remw ~prpr3.i~tt~~tes ~.~ '~ ant asks ivx rai rho ~tspsr aad asir-tats~ a~' a11, ~t~rplsnt<oe is ttte ~s~tibilt~ of tlta ~e~tnt ~s "t+c~er A" ccmta:~,na a list of ~2+~s th,~t the 'het s~h~s~31 ~o~lav. ~! TtnstYt Steaks *sy o~ th~saa rules, hil'aha is hraaq tri~- 3sas~t. ~!~ - 1~S~a ~+~ r~-spas~s ibl+s ~Qr Fs~'f a9 ter col I~rrir~q aad ?arte~nt is x~rss~l~l+s ~~r paYin~ tha f+~llts~rl~!#~q ~ ~1act rye ~ l~s tsl~esue ~Xos ~ra~ aths~t ~r.ioe atsia~d s~sr l~+r ar c~tl~-rrriss, dot 3sart~ta~d as s ~a ~,t~ilit~y, ~# twat is tt~s soli c"li.~s~~rx~ of ~ ~1o~d o~~ or osas~ ~stiZ`tiZly' i utllit~ that i~r ~a~~d ld~g~1r ~h~ ii'~ttl~! COSt aha13 bs assd ~`Y tt~.ant . +~ ~ ' ss Lwt~l. ~r~l oat al~.a~r at~~t ~r~~.a+~ ~re®c the t ar ahsar to and amt a~ Ctrs ~.sad~ar+! ~ot~ ar-y pnrp~f tl~o Tanant . Cis: ~ cis w~.~l be made, and as ~inti~rq t~nc r~aratar~ ~~- ck~ss CQ rho ant witttat~t wri.tts~ pe,rstissac ~tcss 'L~lord~ '~anau~t will got driers na~~ls or scrsv~ ~,ota the ~re~ls az t1~e k~ ,,, :w s ~a lcsao~rit~r htax~r errs alla~r~sc1 ~.~ ths~ a~rtensnt . ~, ~ ~~ so~~ ~r-~ata+a ~t candl.+re scasso itar ~C~ ~ sc, to h an tells ~r s~mr~+~css ~ ~s t~s ~~ than 1at~dlaxd eat ~~- ~ s +~+~' ~rte.~ test ~+ss ~ its ar k prod~,~ta i~ this +rrs"trtt otld tc~ the prlt as ether t ~a t~! a~Nlrt~t. t1y1- +C~C-at at" spy ~ a li ~at~tttt its, cleen.~uq. rr~.rs eta. aha~~ ~s -~d by' tttt. G~ ~'' "ties fly the fists ~ fa th:e less+r ses~ we I~J~ ~ Z~fl€~7 ~'t ~DP~'t H'P L.I~~ERJ~T F'!t?~ ~. 1C~1~ ~~~ ~r.~'CIMA'b~r "~"ilifl'k'~ 1MIi~ f1~4'~ Q~•ii # d'~~~ t0 aunyvrn •iss t~s Asa. mat Est rliat ~ 1~rraaa ii ditfat p~ea~la ars i,~ t ~ps~rat t ~~ ~ + ~ I ~stts~rt is ~acaniEsr~d daring ~i~d ti~Li~Cyr 7.its~~ ~r~l c+~aa~~abiy 1oo1t fvr s ~+~- '~~ ~br th~r trtss~at its armor ~~ tlie~i tenant cat l++~t! sa~rsib~lit~. l~tnt~l~-td rsa•tt~s th~r t~~ to rqa t~e~taa:tt far ~ ~ at'~qusng ~~ tatr~nt ~~~i!~rOtl flat ~'aa a ~a~ c-t sd~ectis3s~q ~: Pens aa~r ~~ al~~+ad icy ttse a~tst rr~C~O-~t +~ w~rtt psrmissc~n r~# the y~,rydlord ~~ Liat~dloxd o riles as~l~yvdras spy ~~+~~ t#~~e iparts~rtt at. any tia~o ~o~ ~~a tr~ll~~rinq ~+~a~ss l , To i~t t ~iir~i ~. ~~tv~Ct that s~,~t #rex~t rr3i~sage 4. ~ ah~~ tt~a t t~ Pr~~i~rat ~a~n ~s buy~e~rs Trot wild liar th~r sparto~t as~6 u13 past ~- tha i~zd in cla~ts s~ c~r..atinq ~.t ~~ t~ ~rdfn,ary 'wa+ar ~ t:r 'l~t~tlt ~.L Cls t~-e a~-s-qtr #~s~Cl-,ydlgq +~ty ~+~~ +~'i#~f~r a~~r b#'~1't;T~ ~d aresat~rn ~-l,l tra~i f th# ap~irts~at. Tit to at+M~ al~tsl ~arpsa ~al~ Fr+~l+~~~-iat~a2 a~ C,~a~ntng r~s~r- ~tar~r -~. +~ate and ~~r-t ~!~ to tur~t~ in rri.t than k~tys if ~laa~it~ ~.d gash ~v~rl ,~. not danua by '1`tdtr tl~r ?,~t~acd wi,li cle~-an tlrf :~rt.~nt aid r~a~ar t~sash ~-t tb~ ~s+~ ~~ tht ~in~t h sar+~ir~a ~~ ~ ~.1i0 ~s vat~t+~tax sl1 ba ap~~is~d eta k sa~it~ ~~t ! twnarnt clcaa- riot e~~ cl.+~an c~~ ~r~ar],y ~l tt~e t"~-t • T+~t xi11 t~rinq sll t~ tha Ia~lord ~rithn ~~ h~~I~ ttf ~+vving ir+~ tl~a apart. ~li~~ Z~ ~ 'i~,a~nt agsws that L*2a,rd s2i rrat be liable far ~~~ dga r~x paratxaat i~~ury u~rrir~~ in or ar~vsnd the apllrnt r~a.~~rso ttr~t d~g~r yr 3~n~ss~ resslts ~ftecty i`r the iandl,~+td''s q~as an.~r+~lit~+~a ~s 2! th,s t is n~ ~~ ~ ~ sr~llvr ~ ~sr~ant Asa n~rt p~arfozat in a ~ns~rsr +cc~siatant Frith this iriessa h+elshe shs11 b~zak~a tea 1~-ass. T'ha a~ti~w- ~t a !o~ the rest o~ the 1~Mitsa i~t ~ d ~~ iat~ll~r, Amy +vc~st ~t'~CF"~1~ ~ i ~Nta~f vt~~l+lr~Odl ~`l~s,~ ~~~ t4~ ~'~'~. ~ ~~~~~ t~M t.i~rst +~ tl~ rsa:xth~ plat srt ant s~1 to t~ra s" t- rirn~ for da~a''9as ad,c~,atx~-tva ~t~s shall also bs ~t~ '!Q ~~ T+~rs-r~t rxrx~+a that ~s if q~~-nq us the tiu~ ~ 2tlOT ~'s 1P'M +. ~!p l.I~~~IR~ET ~~~i ~lgist t0 ~M11y- t+~~t ~~t ~~.~~1~t~f ~~r th#.rty daY+ i'ii' rri~tjl day +Ort~t3~i CO ~ ~~a~i+lt. ~~' ~~t ~RPi~S THIN ~!~r iVI241 k~i~ ~`tlasat #~~ ~.~a~'i~ '~~ s ~~# 'k~11±4t ~~3aL"~ta the ~trx~ior~! s~~P r~t'!-#~" h* ~rsl~a~ w'~,th C~NSlr ltsss~ ~t ~' ~: ~~ iaar,~lla~d ~1~a~ 3'~cra~t to prt~ ~t I~LSr ear back +~y ~u1f st a~ay tir~r fez a~~ 1`y{a~t`~, this cruet give Ta-nt ~esaa.~str~ to day iit~ a~ bt+~r~ tt~~r ~a,Lsws min. M~C~« T'his a~~tt is the l~tifie to ?apt of all.. ts~ts a ciq~tt#~~s +~! ~aas~t. ~~ ~ 1~ ~! lt+~a~'ir+,~°~ ~$~~ YFi!~ ~+~~..s#Ii Y'!~Y'~~ 4{la~~ ~#~`R f, !.A~~ Tt~e~tt~t" ~~ tart ithar th~lr I~a»dlard ar hie r~.~a has r~ra~eibility f~-r lci-sa of any kind to triw# fi~tl~~3L•t ~-r~ty« t • '~ ~1'~Illi~'R~ at~t sa 'tit Idsrd ~~~ twat 'r~uat ~! '~ ~~~ ter caax ~~ to hiafha~t ~rzaon~a~. prtx~rrty a c+c~ ,Liab,~,l,ity #ax max ~3~'a p~~~' c~a~~~tity~ ~a~~ sri~ll. !ta nod '"ar3ta~al icui~r+a~N"r + ia+rvrxa wit sh~l.l ~'~ ~rraerf a i~~~ tai lar-aarrd Ever +~11 rsrrrrtl~r, '~a~at~t arrrrta~n~e ghat i~ tt~+~ ~~ that t~~ant allays ir~sa~raa to a~ ar oa~~+'i~ra la~lNtr L.a~o~~ shah h~-~. sib to ~rr~~a~aa~s siterr lAS+urai g+~l,i~~ at ~.s~antr~ aer~re. ~iard ~`ut~rr ~r t rift ~+~ ct~ ~r s+~r ivr th~ia rsargi~ ire trim ascent 10~ . tiC c~r~ ~ ~ thu• covet a inamra~t~. ~~~ Est ,~, , ~ "fit sic t ions o this 1+a~ a-re s+~1-~st1~ « x t C~attc"t fir that any r^t of triat 2a~as! i~ i,~,:lrl ~~ a~Y r~ra~an~, tt'~t fi~eli.nq ~ri21 net elf th! ~'ss~~,~.1~'tq ~~s of the l~rtss . L !~ `~~~t a~k~ar~ladga~t ~rrt h+~/she a ~ ~stwt'r a c tltu the f38 ~~~ bklat '"a~Ct Yau~ l~iS,y ~` Lid in Yt~u~t' Hi~Ml4`"r ittRi "4~~'M'~ #`. t0 siat3 ~ ~'1,a~A~at'.~tl~S ,it iCilltl~~ai~11~. ~a~sdlrard has ~1~ +~! 3~d p~ir-t ~~ tba arpiat althcru+gl Lead paint ~aa ~.~/ ~#~ ~lit`~CtiC~ 1~4. ~Y CZaG~G~~t~, Q pssls,cu~ ~al.nt must. ~. spa ~~r ~~,a~ ~.teri~'! ~ ~ s ~rs~sil~ a,~,~.-, ~~ ~~? c 9fal ~arv'tartiio;~n tits attached R~d~~s era dart o~f #Phia ~am~ua. R4i~ 23 ~Dt]7 ~~81PM HP LR~ER~~rt ~"i~i~t c: ~~ ~a ~'i~is hate t~ the b~rt.~ar~n ter L~etc`ei +r. t ~'~.,~ ~Feit~r ' te+cilard nr~r tt~~r fi~ert a red tc~ +dc~i any~t~iaq Chit ~ Wort t~rlttfn in this lsa . ~ ~` ~~u~+dt f Ala ~a td xti~r~ to t?t~ s~r~t far dq+~ met a,~e C e~te~ed b~- ~~ x he ~+i,ll #~ p~t.id ~~C- ~~ h+~x ~lt~ the post <" Mt~-r~a7~r to ixndvs~d. s 3tiuwr~t mill a~bic~ie by ei~ ~~~ sib aromas tit beaiL~f.n~a. rat atu~ll z~l~lep+aaiib,~ae tc~r ~rax cri ener+ ~rttd i~l- s~s~ b~t~aen ~c~~rs ~ te~se-t mall xlr~ be r~a~ie #orr ~~' the ~ a~ ~e1~~s} cl+~r of debris and ,t21 »ot a11+o+~r oil or oth~rr ~l+ct3t~r °t~r b~ ap317.sd +~tro ~i~ iT lost rk#'t let. ~e~ ~_ ,~tr+s+~et ~B~r ~ '~ 11~'I~'' ~ By si~ai;r, th~- '~-o,~n+~ agzee~r thst tars Tint ha sad th3s~ l+sas~e, hse tharcw- the lea +~th the Lslrr~d at~d 'haa hsd th~ ~' tttnty for ask 9~ti aba~t tl~i* Lit3l. ~• Tare~aat Rtf~( 2~ ~0~"i :~a ~1~"iN H~" L~R.~ET Alt -~ pia r~ex ~ ~a ~c-d tt~t~s ~ ~~ of a ~~ b+~iri~q 'heir ,q~t ~~~`~ ~~i+C xh~+o~' ~ ~n-~uxt ~s} 1. ~-y~ant• t~f ~~.t ~ ~ ~~ p~ry+~b~+~ ~'e~t she12 b~ ~Y~-1! tea t~an~ll~s~d ~~~ ~ ~ tb~ ~a~t dey off' ria~~. ~~' ~~~~~ 'kl,C ,tom ~!~ !~~ i~~ ~ ~R ~1'llCj,tt{'~~ # ~~Q. ~'~ 1~~~fa1 p~n+~l~y plea i~.0~0 f~ ~a~ s3tcm~i e~ay rii.s rai[~e~t~r~ 1~r; ~ pt~t~ td b to Tia • ~ 1~c ~, Cte~we=land: ~~ 7I~~~~-~6~4. l~r~-e~~r ~rarr~e~ ~ p~~1~ +~~ '"~~ ~" only. ~. _~~~ ~ ~~ tt~ p~ra~e ara laa~~d tc~r uaa by e.lts ~, Ohl d~+en. ~. fi~rnarits ~~ reaai.ra~rd that they eha~hd a~t~ ~~r»t~r"~ iru~~~c+~ t~ ~~ ~ l+e~sa~ or di+~ triat s~eita~d r ~~~y ~+~ ~h~ ~vro runt . o . t~c- ~t~rcl~r~ ~aotar bik+~~, tuck csp~s, c~.r ~a~wr awil+re shill b+t petted tlte~ p;et. No boi~t~r p~a~t+e~ er a~eary rr~oisd p~rmiit~~d. ~~ NO en~r~r~a~r a~.lv~e~t as the pren3~ass. t3~aly this ~~~ 1'V' outlttM p-rpr-td+l~c! eri~li ur~S. 7. ~c~tbq ~~ etL~ke ~ ~ratl~t e~ ~eil~ ~- Used ir~~ding btt±~ t l~ted ~~ et~i t+-1t~ll~e:~ ss, aat+rs~Cils, taQ~y ~n4 ~!~~.~ ~pduc~s B. Pi+~t°ss awl ~ ~~ iR~~ staa~d~! p~~tu~re h+~e+~era~. armor n~ ~l~~rt~s sha31 t~i?~ tam b+a usa+d ~ tast+~n s.n~thian~g Riau; E~ ~'~!? ~! t ~2~'M NP L~I~~RJ~'t ~~1 ,, . .. ,.,,., ~. 'text sla~tll tit '~ bwa~itR ~tsa~~ ct~ +dlarlad riialeis oa ~~y• ~.~ t Teztiaext e~itattll ~ ~a keys teems, awl l recut ba ch~tng®d ar altered aad ~-Ym istul nett t+e li+~st+erd. ~~. ~a~t shell nat eeake ~rexy elt+~rattiv~ns s+ddtf+c~~~ ar ~+ro~tir ~r3thaut prior ~rrittet~t raxx~te~t of t1~ tlaxtl. 1~ . meat e~h^11 aesp~st:bla ~c~r Y1 rra t la~r+sa iecssrt~ne, ~tuc3c v~irawr~ ba~a:k~d tails +ita. r~ ICl ~~. t~ptxre 7s~+C~ C- ap~trtrit. w alter ee~~i Cel~b~~1~0 ~t ba alatse~~rd t+mt~l~r l~a~o~e ~airt~t vaw~ctt~d ~d ~rretaes l~. Up~ore ~ttncy eef itpa~t, asrt ®ttst cttee+~ cl~ sead et e;~sc~+~ipt t ~t~rn+rd ian ~#th the k+s~e. 15 Tee~eetet i~a si`np~oQt3.~lia ~c~r ~rttintaia~#,~g se~be dat~ct~or v-ith ch~rgsd battery ~-~ all tle+rs ~~rri a~.i+~rbl~el ~ 'tents ~- ct~ra seiniatble far ritptnrtic~ ~aex ~-c-rkt~~ sac~-kt deteatetr immediately to ~lcerd. 2 C ~ ~t tr ~sittrae~ ~ ~ t 'the aa~cit~t A+~Yt~wt~ 3.- the ~t . @~ doll,ak~^el ~t,~,a+,~ i'au1~ erg iht lease !a>c this gx+ssede pas~.d. ter tea c~icaet~ may tfxs ~eewRt agpl~ taus sce~ar~ity dspaslt ttr their iset inaeethit ~~~. tea. eeeau~rity c#aostt wi:~,l e~~ ierte~tst at s fete +~ ~.'~~~t yaerly, a,c;~x~aed yentr~,~, begiei~ a~irwr the ~Srst ~te~,l a! tar~tnr~- bait be+ert ~l~ed, I~'. Ir1 the e~reezt ant lte~ts riot cnoti!`l,s~! LandX~+rd a~ s need~sd seept~r ae: ca[lt~.aa, any 1ie~b:#~litg eeuilo~t linsn~C~ta~l i:~riepae~trlibill.ty tll ~ a,ssd by ~ereernt. ~~. ~~ tie mint that. La~-dlar~ is to aak~ ze~~l.rs to eprtxfiessat that ~r th• t~sz~t anr! cscand~tion»t a this ~~ ~~ eaQt rrtLatee tte ~rsal sr amt tctar~ I.andlard is to b ~ets~t !'erc L iwpit #~ ~ amattnt a1' ~SQ.~O llt~tvt~. ateic~ +eattersiulit ~t ikhatz~ a D3t tai ~t1 ~t . ~.~. T+e~naert '~#~~.,~ la!!r altarged 23Q?~1 boa e~~ ~'#~~ Ch~'k, 3sta ~~ Weill +1+~1. to tFtrt i3~-t+t tai x~ettltatio~rt f eea~td eartexsd yak. 8aetraazd#,exex~p gerb~ ltf~~ ~i~rttita~, s-i~it~sss, a;~plrl~r eta. ~ tit t ~!ixetibi,lity aCt~ tibr lse~ t1~ Aiv~r f14,r~ ~ ~'Ot~T' 2a B~piM H~' i.A~ERJET FH~t ~, L L 21 14s'kfitit~-1 fis~i~ir~t ~~bltars: t~iM~ClC~j , ~ ~-iv~~t+an tt~~ret~-f ~rhe,11 ~ #~ in1~ ~r tbs lae~r~» ~~ ~~ l~rther airs t thaw ~~~* ~ ~t ~ial.~t~i Loaal, ~tat~ +~r ~'r~rl ~M. Iar~ tour a!'e~~ttitx~rd !~'~ tars rwlst ae s~at+~d bsrNia +~i 11 ~ ~vll mid ~ tht~ui renderer px~ae~ to the late. ~~ ~i~WWWW--fir' Y ~1~J~a^ ~easnt Tit A'u~ 23 ~C~t~'T a ~~CP~! N~' l.A~~RJ~T ~~1?4 ~. ~ S~' ,~ ~~~' ~3dt~t 3..~' LMttA~ ~~Dr #a~ti ~~l pest of t~ti ~la~el 11+{~~at ~~~ l~rt~ Tl,~Chy T ~ Fig ~ the k~~gir~+ie+~ Le~tei ~ ~ ' tt~ ~"-fit t ~ ~ . S~gnttin+g A i' ~~w ~~, , TM ~`t~l ~ ~ +~iii b+s ,~ p~r~-;itt~d t~ s ~~' 91K6Et7-= 1~ICi~~': ~lit~ ~~ ,. ,,, ~1t ~It! additi+l~ ~itath3.1~ t~t~-' +s3t Of ~. Cie~t~a ~y ~~rfase~ xt 1~r~ft ~# ~,~~+ill br ~~~ iar il~r aa~int+~~truc~ ~~ ter trr+r ~t#. T`t ie zO~r,~ri.b'.~1t fQr ~i~°' 4f li i°i.~. ~a~~iii #~r'~ Y~~r str~t`tr i~ik ~lCC. ~~c~l~s~~ d~ ~t~sa it ~~ ms+rat~i ~~r ~ Wit. ~~~t i~ s~+~~rvt~ibl~ #or all.. qfs ~+~ ~~~Y ~~ Iat~o~si or ttt.~tts r~ta~lt# t`;~'tzll! tbe~ lasln~tit~t~a ~1f ji1At~. ~`~~tt ~~~ ~~kit ~ a~a to ~ ~lkad alyd '~ chaitd ~+t ~rll t3~s w~ii~r '~ i~ ~uta~.~se tt-a boilda~. !'a~ts~?~ ~~~a ~ FAY logic peat 4~nte~at~tfo-n avc+ar aft~t ~~ft~i,crtn ~-! ~~-ncy. ~ Sias dull t~,s rr~~ibility ~~` thm ~~~~rit ~ ab#~~. '~ ~+~ ~x ~~'1 ~t~'C~! d~~rasit. 'tart i-i~r~ morass '!'fit ~y all a~a~~ ~rearidi»q is tea spilt t t~~t1C~f O1G ~ry- s~ t~ L~lsibiii~~r off' t "~''t ~rk~ i~~ ail ~l ~ +~~ ~!~ ~ ~;~ tQ bt p~r~ ~Y int. Ii t~ rest ~ s~ss~ ~ tl~rf ~s?Cf~~.ty- ~pvst ~~~ ~ Te-i~ltr~t s'~~I~ a~tr~r ,tltirwir~~ ari~rrt fQZth~i~th. ~tr'f~-at turtlx ~i'~ -~~ ~t~M al"+i tQ ~ pat'a~+~a~siot~ally st!#+~t ~~~. 2~' x'009 ~"t ~~'1 '~" Lt~~~R.~~T FI1t ~~~Q~ ~."'~1~OL'M zt+~tt '!~Ofi"~Y~Mi` It~- ~'.~ i~lf~~1'C Q1! tlti~'N dsy~ xi~I~L ~~ 'At ~.~ ~ A t,'~,f~`Li#9il- #~ ~~~r~ t}~t xfi~Y-~'il"'4~` ~ ~ ~ ~e ~4e~ rr~~~ tt~ e~tt~er r~rri~Mnta cr h nM+~t ~ rr-~i~nt~~rd ~i ~~ ~! ~.rs ~ ~~ lit ~~ 1rg~~d~ t+~t #1~i# +t~iG't~h tais~ntirnur ~tina~anc~ o~ t~~ pest. ~a~~ tttian~a+~ ali cc~ tiered a ~r:tCt~ ~ this etital 7~~+~re~t Th#~~e +~ct~snt ~ prrrly ~r~u~~d w~l~ take ~~~dec~ o ~n~ ~thsr pe~rts +o~ this ~a lat~rsnt. A~L1 +~t.~+~~` tt; a ct~adition,~ ~~ ~~- ~. ~q~t rig i~ .~~Il 4tc~r. ~-. ~ S Date ~ 8t,1.1 Lat~dlc~rd t'~=t! ~'a~ane T~e~~t C7 ^~ a `~ ;,~ r y E,~,, ~ ~- :ivy ~` .. ~'.~ 1 4~ ~.+V ~ S~! ~ 1~ ~ ~Ti .-A. V e-..A .~~ .n:' ~~ "'~ David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and IN EJECTMENT ERIC NEARHOFF, Defendants PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT 1. Plaintiff filed its Complaint in the above matter on August 27, 2007. 2. Plaintiff s Complaint seeks possession of a residential apartment due to various breaches by the Tenant-Defendants. 3. Subsequent to the filing of the initial Complaint, the Tenant-Defendants' Lease has expired, thus providing additional grounds for which Plaintiff is entitled to possession of the residential unit. 4. Plaintiff seeks to amend its Complaint for the purpose of setting forth the Lease expiration as additional grounds for Plaintiffs claim for possession. 5. A true end correct copy of Plaintiffs' proposed Amended Complaint is attached hereto as Exhibit "A". 6. Disputed matters in this case have previously been assigned to the Honorable Judge Bayley. 7. Movant has made the contents of this Motion known to opposing counsel pursuant to Rule 208 and opposing counsel has not concurred in this Motion. 8. No prejudice would result to any party from the proposed amendment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order allowing Plaintiff to amend its Complaint as set forth in the attached Exhibit "A". Dated: Z 1 ~~o ~ Respectfully submitted, CALDWELL & KEARNS By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 14-031 /128628 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this ~~ day of February 2008, on the following by depositing a true and correct copy of the within document via facsimile to (717) 238-4809 and in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS By David J. Lanza Attorney I.D. #55782 CALDWELL & KEAIRNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, ; Defendants AMENDED COMPLAINT 1. The Plaintiff, Hogg Properties, LLC, is a Pennsylvania LLC with an address at P.O. Box 624, New Cumberland, PA 17070. 2. The Defendants, Eric Nearhoof and Maria Tsirigotis, are adult individuals residing at 19 Gettysburg Pike, #4, Mechanicsburg, Pennsylvania 17055. 3. On or about January 11, 2007, Plaintiff and Defendants entered into a Rental Agreement by which Defendant agreed to rent the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, a true and correct copy of which is attached hereto as Exhibit "A." The aforesaid Lease constitutes Defendant's sole basis for possession of the aforesaid real estate. 4. Defenddants are required by the Agreement to pay rent in the amount of $735.00 per month to the Plaintiff plus an additional $20.00 per month pursuant to the pet addendum ("Rider B") for a total of $755.00 per month. 5. Said Lease has not been assigned by Plaintiff. 6. Defendants are in breach of their obligations under the Agreement in that they have failed tp pay rent in a timely fashion from the inception of the Rental Agreement. 7. Defendants have failed to pay rent for the months of April 2007, June 2007 and August 2007. 8. Defendants have provided a bad check to Plaintiff in the amount of $755.00 during the term of the Rental Agreement, thus resulting in NSF charges in the amount of $25.00. 9. Defendants have failed to provide to Plaintiff proof of insurance as required in the Rental Agreement. 10. Defendants are required to pay Plaintiff's attorney fees pursuant to the Rental Agreement. 11. Plaintiff is expected to incur attorney fees in the amount of $2,000.00 for the purpose of evicting Defendants and collecting all amounts due. 12. Pursuant to the aforesaid Rental Agreement, Defendants are required to pay the remaining balance through the end of the lease term as a result of their defaults. 13. Plaintiff has been forced to incur filing fees at the District Justice office in the amount of $254;00. 14. Defendants have incurred late fees in the amount of $500.00 pursuant to the aforesaid RentaM Agreement, and have paid only $130.00 of the aforesaid fees. 15. The aforesaid Lease has expired by its own terms, regardless of the existence of any breaches. 16. Them is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Eight Thousand Six Hundred Eighty-Nine and 00/100 Dollars ($8,689.00.), calculated as follows: Unpaid remt $6,040.00 Late fees 370.00 NSF fees 25.00 Attorney fees 2,000.00 District Ju$tice filing fees 254.00 TOTAL x8,689.00 17. Plaintiff is entitled to judgment against Defendants in the amount of $8,689.00. 18. Plaintiff is entitled to immediate possession of the leased premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055. Wherefore, Plaintiff demands judgment against Defendants, Maria Tsirigotis and Eric Nearhoof for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg, U~Iper Allen Township, Pennsylvania, 17055 and for damages in the amount of $ 8,689.00, plus costs, interest, additional rent and additional attorney fees through the time of trial. Respectfully submitted, CALDWELL & KEARNS Dated: By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 14-031 /128633 c~ <° ~ ~- ~ cx, rr~ ~n _l,, f `r- Iw_.. ~- i (+~ ~~ 4_~ L 4 ,, CJ :,~ HOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, : DEFENDANTS 07-4319 CIVIL TERM ORDER OF COURT AND NOW, this ~-~_day of February, 2008, a hearing on the within motion shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Thursday, February 7, 2008. /~..1 awl (~- ~ecL~ns David J. Lanza, Esquire For Plaintiff t~dan D. Cunningham, Esquire For Defendants Edgar B. Bayley, J. :sal N N N ~. .~; ~~; C2.. . y .~.. en ~ ~~ e ~1 L a.. .~" cs'a N C,~ HOGG PROPERTIES, LLC, PLAINTIFF V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4319 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2008, a hearing on the within motion shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Thursday, February 7, 2008. /~I awl ~ ~-earns David J. Lanza, Esquire For Plaintiff ~dan D. Cunningham, Esquire For Defendants :sal f ~e ~.. b ,~ {, %" 0 o~~~ By the Edgar B. Bayley, J. >-. N ~ ~ ~C"x ~ `~ '~ C~ ~ ~ ~ ,,f~ ~ ts. a, ~;; ..~ ~ N C~ FEB 0 5 2008 David J. Lanza Attorney I . D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT ORDER And now, this , rd'ay of February, 2008, a rule is issued upon Defendants to show cause, if any they have, why the relief requested in the aforesaid Motion should not be granted. ~ `~ ~ D ~~ e'-'V By t 2`ourt: "l~l/ , >-- c'v ~ ~r ~ ,..~ ~ ~ r ~~~ ~ : ~' w . ::,:~; ~ ~ ~~ p ° :`~ N U HOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS 07-4319 CIVIL TERM ORDER OF COURT AND NOW, this - `~ day of February, 2008, following a hearing, IT IS ORDERED: (1) The supersedeas in the within case IS REINSTATED. (2) The order of possession IS STAYED. (3) The Prothonotary shall forthwith release $2,503.88 from the current escrow and deliver it to Hogg Properties, LLC. (4) Hogg Properties, LLC, is granted leave to file an amended complaint within twenty (20) days of this date. '~ David J. Lanza, Es uire q For Plaintiff /Jordan D. Cunningham, Esquire For Defendants l.+p~ c ES rn~~~ I aide ~~ sal Edgar B. Bayley, ~. ~ _ ~~ ~~ ~ ~` ~ d?.= `~ ~" x,__ , ~, ~ , i1~ ~ } .r _. ' ~~ ~ ~ _- S~'~ C!. Q ~ c:~ ~ • CUMBERLAND CQUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1765 JJ~~~ , I O I ~ QD~ 60.1503/313 Hogg Properties, LLC 2, 503.88 ~erv~K ~,..- N ~ ABLE 07-4319 "Release Rant" - I3oc,~ vs Tsirigotis _ II'00 L 76 511' ~:0 3 L 3 L 50 36~: i08 i L L i 7 ill' c° • ,, J ~'..' ~ "~ ~~_ _.... t.,,: ~ _. i;_ ~~Cs ~~ ~ ~- ~"-' ec' ~ 'a V Q N • ,~. .. RECEIPT FOR TRANSFER • Cumberland County Prothonotary's Office Carlisle, Pa 17013 HOGG PROPERTIES LLC P O BOX 624 NEW CUMBERLAND, PA 17070 Case Number 2007-04319 Remarks PER ORDER OF COURT ONLY A CERTAIN AMOUNT IS RELEASED Receipt Date 02/19/2008 Receipt Time 10:54:32 Receipt No. 204966 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj RENT RENT RENT RENT • PROTHONOTARY ESCROW HOGG PROPERTIES LLC PROTHONOTARY ESCROW PROTHONOTARY ESCROW 238.88- 238.88 3,536.12- 3,536.12 • 10563702192008 Cumberland County Prothonotary's Office Pa e 1 ~YS40~ Manual Release Check Register 2/1/2008 Distribution Case No Accounting Escrow Amount Tran Date Date Release -------------------------------------------------------------- 29 HOGG PROPERTIES LLC Check Date: 02/19/2008 ------------------ Check No.: 1765 / C 2 RENT 2007- 04319 TRNS ESC IN 238.88 2%19%2008 --------------- Payee total: ------------------ 2503.88 -------------- Grand total: --------------- 2,503.88 ------------------ • • • HOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS 07-4319 CIVIL TERM ~1 ORDER OF COURT AND NOW, this [ ~ day of February, 2008, following a hearing, IT IS ORDERED: (1) The supersedeas in the within case IS REINSTATED. (2) The order of possession IS STAYED. (3) The Prothonotary shall forthwith release $2,503.88 from the current escrow • and deliver it to Hogg Properties, LLC. (4) Hogg Properties, LLC, is granted leave to file an amended complaint within twenty,~20) days of this date. _ ~ By the Q ~ iJ ~/ David J. Lanza, Esquire For Plaintiff Jordan D. Cunningham, Esquire For Defendants sal ~an~ed cheeK ~o (~tE~.. ~a~~d Lazy ~ ~rll. ~uyai o. ody~ey, ,,. David J. Lanza Attorney I . D. #55782 CALDWELL &KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT NOTICE OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Plaintiff, HOGG PROPERTIES, LLC, a Limited Liability Corporation, with regard to the above-captioned matter. Respectfully submitted, CALDWE L &KEARNS I ~~ ~. Dated: 2 r ~ ~L '~ B ~ V y G David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this i w relay of February, 2008, on the following by depositing a true and correct copy of the within document the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chyernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS ;'~'~. gy ,- 14-0311128926 C'? ~~ ~ -r+ < "P^ f ~i/ ~ i.. ... Y" __ __y Y~~ ._~v ~ as -- `i~jj David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 / 1-800-990-9108 David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants AMENDED COMPLAINT 1. The Plaintiff, Hogg Properties, LLC, is a Pennsylvania LLC with an address at P.O. Box 624, New Cumberland, PA 17070. 2. The Defendants, Eric Nearhoof and Maria Tsirigotis, are adult individuals residing at 19 Gettysburg Pike, #4, Mechanicsburg, Pennsylvania 17055. 3. On or about January 11, 2007, Plaintiff and Defendants entered into a Rental Agreement by which Defendant agreed to rent the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, a true and correct copy of which is attached hereto as Exhibit "A." The aforesaid Lease constitutes Defendant's sole basis for possession of the aforesaid real estate. 4. Defendants are required by the Agreement to pay rent in the amount of $735.00 per month to the Plaintiff plus an additional $20.00 per month pursuant to the pet addendum ("Rider B") for a total of $755.00 per month. 5. Said Lease has not been assigned by Plaintiff. 6. Defendants are in breach of their obligations under the Agreement in that they have failed to pay rent in a timely fashion from the inception of the Rental Agreement. 7. Defendants have failed to pay rent for the months of April 2007, June 2007 and August 2007. 8. Defendants have provided a bad check to Plaintiff in the amount of $755.00 during the term of the Rental Agreement, thus resulting in NSF charges in the amount of $25.00. 9. Defendants have failed to provide to Plaintiff proof of insurance as required in the Rental Agreement. 10. Defendants are required to pay Plaintiffs attorney fees pursuant to the Rental Agreement. 11. Plaintiff is expected to incur attorney fees in the amount of $2,000.00 for the purpose of evicting Defendants and collecting all amounts due. 12. Pursuant to the aforesaid Rental Agreement, Defendants are required to pay the remaining balance through the end of the lease term as a result of their defaults. 13. Plaintiff has been forced to incur filing fees at the District Justice office in the amount of $254.00. 14. Defendants have incurred late fees in the amount of $500.00 pursuant to the aforesaid Rental Agreement, and have paid only $130.00 of the aforesaid fees. 15. The aforesaid Lease has expired by its own terms, regardless of the existence of any breaches. 16. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Eight Thousand Six Hundred Eighty-Nine and 00/100 Dollars ($8,689.00.), calculated as follows: Unpaid rent $6,040.00 Late fees 370.00 NSF fees 25.00 Attorney fees 2,000.00 District Justice filing fees 254.00 TOTAL a8,~9•~ 17. Plaintiff is entitled to judgment against Defendants in the amount of $8,689.00. 18. Plaintiff is entitled to immediate possession of the leased premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055. Wherefore, Plaintiff demands judgment against Defendants, Maria Tsirigotis and Eric Nearhoof for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055 and for damages in the amount of $ 8,689.00, plus costs, interest, additional rent and additional attorney fees through the time of trial. Respectfully submitted, CALDWELL & KEARNS Dated: 2 I ~ ~ (u ~ By: David J. Lanza Attorney {.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 14-0311128633 N~~ 23 21307 2 ~ 28~'t1 ` ~ :.~ F1P LAS~RJ~T FMK . ~ .. . ~.3 '~~ 2~ J- ~. 8y signing. the Tenant egress that Tenant has rand this lases and etas l3ad the a~ortuniGy to ask queetione about the lease. The T'~nant anal Lan~lc~r~d agre$ that T[1TS ZS ~1 LE~iS~. Hagq Properties, LLC is tt~ La~ndivrd. Marie Tsirit}atis artd Eric Naarbc3of ale the Tenants. This lease is for 14 Gettysburg Mika ~!, Mechanicsburg, PA 17355 This laser begins on ]/11/2fl07. This lease ends an 3l312gQ~. Tenant must notify L~irndiord in rrritinq Sixty days before the end of this lease that Te»~utt i.s aaa~in9 out . Zf Tenant do~ra nat notify Landlord that halahe is vin~q out, or landlord does riot axta.nd a contract renewal, the leaav ~iil aukoar-aticelly bye a month-tv-month ldaae st mcmtth-to-e~anth ratty: In order to end tt~e lease during the moar-th-to-lwnth per3ada, the Tenant must nati#y Landlord in wartinq at least 6Q days before Tex~-r1t intends Lo ~~re oat. A fu21 month`s rent sha11 bi thte tar any partial ronaath in whioh Tenant a~c~pies the apetzt;nent . tent is payable in monthly install:nwnts of 5T3S.00 Bent is slue its advance orgy az before the ~!~ day of each eEh of this Lease. Rent is to be mailed to the follorrfnq address: Hogg ~rvparties LLB PO Box 624 New Guraberlaad, [~A 17070 Rent Cttaoltxt crr M~aney ard~rs are to k~ made out to "Ra99 Properties". '~ b~: The '~er~snt hsa dap~o-sited ~9~'d.t'~ se ~- &~pa3TY GEP08Z'T. This security deposit is bald by the Lt~ndlord in foil throaghvut the tern of the lease rardless to the. aunt of the deposit and applidd to any ci+naatgea to the apartment caused by Tenant, his/her family, quests ar pets. The 8scvrity deposit c,~n also be used for any damages from breaking the lases, "Tenant's unpsiti bills, ar spot paying part of the rent dv-s. J-#: swo ~ ~4 ice. +~13 ~r p+srt of ~ ~ . ~~ d~+aei.t ~1 bar i~ ~~i.~ t~ dla~s ~ the ea+d oR irsre~lii ~ t'# ~ t ~~~ ~3 z+~a~r ~: z~~n H~* ~..~~EttJET FA?S T~n,ant I~A-~ ~~ SSE ~E~URITY D~PC'~SIT AS ANT ~r a ae n~ac car s Iaereased rant begins the RIAi'i'T DAY of the n~nth« ~ ten doI~sr rent dha~cg~a ba~na on the fiY~tt day, and t3~- dcytle for sv da sitar the Brat ~iay of the.. tenth. these charges cc~vat incrtas~ a~ainistrattvs ~aats as~d d~a~aaq~ra. ~.~ ~"! Oir ~s The Tenant has exaatined the apaxtAant and the apartment 3a in aatia~aetory cor~cfltlon« Tt~ s~rtmesrt is lasaed in AS-IS Canditlcn. ITt ttLe eva~it that rsrpaintinp, reflair ax aLhex +rork to be par#ormacs in the spastment hss not been c~platad, by the ti~a~ the tarnanz is to s~va ia, this 2eaae will ramaiA in full Corce and tensest sha21 still ba =ssFonsible far all rents , Tstlarnt agrees that ~cyo agreaa#nt i s ° made to redx`ate, rspaix or sprovs th~a aparaaant stnleae epac.ificaily writtsrs hsrez If tenent, toz whate*~er reason, fails to tam ~aaeaeian of the apastmez~t, t~tnaakt #s still xeerpvnaibls far all- rents and e~bliQattuse strstil ~aadTard oan raaaonably find a replaonti tenant #or the aparCme~st. 3'~t.L ~ nDZ ~: Tenant is reapansble fbx all repairs such as stuck windows, l.t~oaa screws, baCktd up toilstslbathtube/sinka« ~enaint is alas rsspflnsible tax .i:ght bulbs a it~aea as they bectariae necessary. Landlartf shall decide what rapafr is Bona#derad ~'ams31." v~anx~ ~ it is the fianax~t' a re~aponability to ~re~rort any cptldition that could be ds~s~arcus cY s~aet+si'~I #.aitely to Landloxd« 3n the event Teisant has x~at ~ictiiisrd heftdLcstt~ of a ndaded repair car cordittioq, arty l.abi.lity and/vr ii~aancial rsaporsaiDilty shall be asausstd ~y Tenant. Te~uant agraas to ttee~ apa~rst cleats f a aid a parb~age ~ildup s~ place ~ariaage in t~ut~tide rr~~tac3,aa. Taparst atgreea that any pet infesta~ticrn as a ~sult of hlafts~x apartmiat's not being kept clesn is breaking fire 3a+aea. Any pest crantra3. sarvicara will be cfia.rtfsd to th+e 'i`~tna~'st« ~ tt~s: ~`ha apa:rtmeat is ~Qr uaa as a .residence by the aessaei T`e~rsanta rho have sie~ned this lta-sa and thsef,r Gh3ldsen . Te~snt xill Trot unss this aparta~rnt t'ar any t ypt o!` kxua;Eness « ?stsant xfll rsot u~ the a~srtmant #Qr disorderly cr unlace#ss,l #iu` 23 X00'7 2:28PM ~1F' Lf15~RJ€~ ~A~ :tis~, purposes, or .ire Grey ~ranner offe~aiWe to others. Tenant wi11 o~y all Feclaral, State, Cc+urety and Lvice~l laKe, l1i~re ward ~ ~ Tenant shall ~t attempt to re~~ fixed screens. Ta~r>ar~t ahali be carafnl xhe~ lt~exinq and za.lsiiteq storm ~eicidowe and e~.rs+eas so ;aa not.. to daatage thmaa. ~`he spar a maintenance of all orindoaa and sCreeisft~ its the responsfblty cf tenant. ns~~L~~si; .Any appliances Which are in the apaztneent ,are there at tb, conveniendr of thee La.tldl.otd. I,a~edlord agrees to remove appliances i:~ the Tenant asks for raaaoval, The repair sod eaintenance of alZ app?.iancae lt~ Cbe responsi.billty of the Tenant. 1o~s: "aides A" cvntairre a list of rules that the zer>ant shall follow. 3f Tenant Breaks any of these tulbs, helshe is breaking t rie lease . ~#L~l2=~ - Landlord is respona~ibae for Fayrtg the tal,lt~rir:gs garbage an,d ae+rt~t, Tenant iii res~m~-ible !or paying the fallowing: Electric, cabi+e, telephone, g~a plus arey other sr~i~ti ac~tred vhsth4r by lsw or otherwise, not miecetianed as a Lan~.axd responsibility. If tenant in the scia disgreaaian t~~ the landl`crd ovsrvaes or t~sss xastafuily a utility that is paid by landlord, the excess coat shai 1 be aast~ed by tent . sera-aat ~» Landiozd will itot a~.lav any deductions frcmA the sent or charges to any account of Glee Landlord for any pcerposi by the Tenacet. ~c 1~ chan~eA will be scads. and nti painting or zs~dacorati iS done td the aparnt wittiu~ut written p~ereission fran Landlord. Tenetnt w~ili not drive nails or scre~ra into the ualle or the xoodc~ar~k. ,. „ NO :kerosine haraters are allowed in the apartmaent . ~• ]I1R? t ~'~tnten undcrsta that- candies, incct~ a aced 3~tdvor aee~ktig oae soot to btu hc3 up can galls and svxft~ces. In tea evaut that laadlard of landlord's wnplt~ysos c~atetm~.ne that ca~ules, f.n~nse or s~iokfsLg prodncta4 hav!et baerr burned i:n the apsrt~nt a ~+ d~ege to the part or other it~ras in t:he apa~rtsmnst, th<e cast a~ any etf~i a13 pa3tetllrg, cleaning, rtpairs etc. shall be paid bey tenant, ~- . S ~a: fly tl~e T+snants rsam~od in Chis learn nsy user Aut 23 P'0[77 P:3dPM NP (,R$EFtJET FRK p,6 the leaned apartment. Terssnt ray not give the mpa~trnent to artyorte ales to ase. Trs-aat must request a nsx lwsa ii dl~:fterent People arb i.rt the apa~[-gent than those aanMS~i on tt~~ l~aaa. Ii Tenant is transferred during raid tet>a2~iCy, Laldre3 will reastmably look for a near Tsnartt for the apartaadt its ardtr to celiaws Tenant of lease rsapanaibilit:y. T,arrdlord xasarves the right to ohltrge tenant ft-r t agent acquiring nets ter-ant Sit?O.Oa t2at fee and Cosi: of advertising. P~'!~s Pate are not allavrsd in the apartment without th+~ ++ritten permission of the Landlord. ~TI~e Landlord or Ytis employees mad enter the apartment at any brae #or tktt tollowin$ reaavrta 3. To inspect that apaxtaoextt ~. To makd nece~eaary repairs 3. To protect the agastcaeent from daeaage 4. To show the apaxtnuertt to Prospective Ter~anta ar buy~era t~!'! Tli~tnt xill leave the apartruent and all g~rapezty a! the l,andlosd in good Mean and separating coruitic>n, exC~rpt t~xr ordinaxy iraaz and t~tar. 'Ttnasat rriLi cls~szs tht tsega~t:wtnt; incit~ding arty appliances, cabinsets. baseboarcis~~ bath:rs and remove all trash from the ap+3~rtrtaetst, Tarrant to stsaat Clean ca-rpeta using Profeaeicenal Stearn Gleataing ~rv3t3e tlerfare aa~re-otst date end a receipt is Co De turned isi >~rth the keys. 1£ cl~nl,nq ansi trash res~va2 is not done by Tenant. the T~r-ttlord trill dean the apsrtmertt and remove tsa~sh at the expense of the Tarrant, A service tee at 825.00 per contractor aha.ll bi applied to the aecurlty di-a~,t if tenant dots neat erase clean ar progaxly clean the apartment. Tarrant Wi11 bring all keys to the Landlord ~rithin ~4 hours at a-oving fraen the apart. LZi~ d~ 7.a~dlae+d -~ Tenant agrees that Larrdlorc3 ,nhs11 nrrt ba liable to gs'opaYtX d~tmaga ar personal injury occurring i» ax aratmd thb epazta~ent ua2cas the darpape ar in~vey reav~].ta directly fions ttta I.~ndlbrd' a grog-e sl+nglic~rtt:e. T~ It the rent is net paid when dale, andfser the Tlnei7t deree not p$rfctrrs in a stanrser ca-nastont with this lease, halshe shall hays br°aken the Lease. The entt~r rent due for the re:t of the lease is d and payhble immediatsl~. Any cpsatt ~¢aa, ttQ~'11m~1' a fees, aol~3tdts~ f+ses, !`sus for palri -rent of taX t~ first cat the aart~zYt~, plus an ~asmt ae.1 tsy t.rd sty's rent !ar dges and ed~i,e~.~:strati~a costa shall a3.aa dwze. ~ltC~ '1~0 ~ttl~ Tenant o»dersrtanda that lte/she is gf,vinq ~p the fiu~ ~~ 2QC17 ~a~OPM FOP' 1.~$~~JET RR~I ~-.'7 ~ ~,,, xight to arty ton day, fifteen day, tharty dsy, or nir;aty day notic~s to quit l.e~tetia-. IE fienant BRF.7IKS THIS ~, ~vicrzo~ fAF~iIS C, 8~ ~~AlELY F7L~D ~N C4*I1RT, ;~ Ix ~ ~ 'f~sait: It thr- Tanbrit moves out of the s~trtseent and leaves belongings irr tare apaxttaant, tt~e owr~e~rshly of these belo~gi~egs shall be gitr~n tv Landlord.. 1ar~iord may ~ r+tratsvsr he w shss kith these i.te~ . ~tZmii L~'Y's If I.andlard a22a~rre fienant to pay rent 1.a,te yr bxaatk any rule at aqy tLtn+e for stay reason, thin t~oea not give ~`ana-nt per~iaaion to pay late3 again or break the rules again. ~0?I4i; This ggraement is the Notice to Tenant of ail rents d ati4 cybligaticros ai the Tettaz;t. 'Tere~ant AGRS ~"~ ~ 1117DI~'IOA~1L ttO?LG~ QF R@:N? Dim XS N1E~L$BRRy. ~...... i~*,s 1~0 .atar~rgs righte ~rre given under thin i~-sse. The 7anaret' argrsee th~it reef tbe~r the- Landlord or hie ea~-~:oy~3 t-as any respa~rieibility for Iola of an~r kind to the Tenant • e property. ~: lernant aQress that Landlord raqulxe,s that T®narat bray REl~'L`6~t•& I~tHOCE to ever da~agas to hislhez pdracl property and cover liabi.3.ity fcrr ether peaple'a prt~~arty tend casualty ~Getxdlard sttalf. be reamed ei: "edditfonsi insured", a~ ix~utance a$eat aha3.l proe~ide prom of iresrxrance to landlord for all. rsna,rala. T~nat:t uindiretmitd:s that iti the eva>1t that tenant allows inauracece to sxpir~s ox otherwise la~aa, Landdlord shall harts. the ri9!'it tv purc3eaae remtere insurance policy at tenants exptna~e. Lawrdloxd further reeeas the right to thsrga a Fse for this eervr~ fn the ourtt ~20~.04 over and abates the co:t, of e.aurenca. lee~at's ~#t3ala; llfS~; fihe ae~tonb bf this lease era ae~arate. Sf a hurt f3nda that any part of thi3 lease is illegal for any reason, that ~i~t+9irrq will not alf+eGt Che s:alnsinirrg parts of tNt iee.se . ~t 'I~enarit ackrzowiedgea that hefstte ha3 bean given a copy a! the 0~ SPA Xtooklat *prvtect your Paalrily t'€~ Lead !n Xour ~1o1~"r at-d girren fiats tv read the i~.fC~latt~t~t it Cotttaina. Laredlosd has na knaale~ge c! lead pai».t in tl~et apas`tassat although ~,aad paint rtes vainly wFed helots 1879. ~y Cxackigq ar pealing part moat ~ rpo to Lard i.mmae~,.ateiy, s ~ s s~sti.*1+r t~~ i) s ~pecfal provfeions~ in the attrhed Rld~rrs yore part of this lease. fluff 23 pOt1'~ 2s~1PM HF" LflSE~R,7ET F~ti~ - ~= p.~ ~; ~hle 3eaa~+~ c~mtaar~ t1~e ENTZ AGA~~T b+t~re+en the Laxtdl4C'd ~ the Zen~t. ~#either tt~e Lsn$lcrd nor the Ttnent teas agreed to do anythixxg that is nc~t vrittsn in thin leassa . ~ ~ ,mod; Zf Landlord lay to a-~ ke xaipairs to the apa~tmsnt !oz dgea t#~at ara nod c~etued Iay Raul wear a1'IK~ tee~r h~ vill ba paid $54.04 par hoer plea the c+~at of ~at+~rf.als to Ldrx3lord. s 1'~enint shall abide by alt parking aims era~rnd apartment bvld'ul.nga. ~'snant shall be res~-ar~a3bit for Y~1Cfiial of snag and ice ire het~rean vehicles anal tienant anall alb !>e reaparne~it~la tar ttZ~pia~q tR~t szea aro~unc! ~ha ve?~cle {a? cla-sr o! debris and aha21 ~7~t ellosr cii as other fluid~a to ba apl3Ltd ants tha parking lat. Spacial Parkinq~,Ybatructic~-~~;2 uaail ~ar:kii~g a~~.`+~a_t~ paslcint~ lat. Guest ~ atrte'~ ail WPll~llilll M Ii ! ~ ~`: By agr~i.req, the Tenant agtaes thet the Tenant has read this ~Lease# has gone through the lease with the Landlord and has htd t op rtunfty to ask gneatians ebaut this isafi. Landlord DATE ~'~" `~ T~D'T,SY' ~#4G4 Tana~tt {8) ~ c~TE 1 It LAX?~~,1~ !a Ruh 23 2g0't 2:3iPM #1~ LA$~~J~7 1FA~ p. $ ;t .. , A~$iY ~ fih:ia rfdar ~.~ attached to end icrrna $ part of the laas~e beginr~inq 1 112t~!~'~ b~tra Hogq ~"to~rert~.es, tht 1.sndlax~d, and M~axia i`'sfr q~a~aec~ Erse ~IcaThoof, the Tenant (al . 1. ~ay~nents of rent and ot~~t c3~argeo payabl~s b~ ~~asrxt shall ba payable tra Landlorc# end due on the Ist day of the ninth. If received a~tsr th;a ].at day of ~e rmonth, .nclnde a 3Stl.00 initial penalty plea $S.Ot? !ar gacl~ arlditinnal day this re~ects. la. t P-ante ~e to be garde to Tfm Ho44, P4 Eax 6'24, Eew rd, Ph 17074--~6~4. Flaaae ~n:akt~ ~1+~~c~ payable to "~'ian Q~~y. ~. Tat'k~:~t argra~ca that 'the pzesafaas era leased for uae by Tan+ants ~a~.t3y conarattin~ of _?___._ peseona rich +~onsista of 2 ,~chil.t.s a 0 chiZdzan. 3. '~a~anta sr+e remi~ndeci that they ahot~ld carter adequate zenter's ina~urance to cover an~r leases cz dsge that aiay }}r auetanac! d~uri~ig aooupaa~cy of thb abo~ epartt~nt. a, No motarcycloa, motor bikes, truck caps, ar agow mob11e9 shall ba ps.tted ors the praniaes. 5. Ntt boisterous p~artiaa at uru~~caaeary naiae p~armittad. 6. too ant;4nnas el2,oa+at3 an the pre~iaee. ttinly tho Goble 1`v outlets p.ri~~-#.dad shall be used. 7. Nothing that atcka to wa11s or cellitlgs l~ka~ ~ veed 111Q~12G3iE1Q ~if,2~ ila~ l.te~! t0 ~Otoh tdsr`~a~.Z~.~r '~rdarrts. stanci2s,ta~xy hanpinq xall pmducta. 8. Pictures shall be t~tmg ~ uraiaq standard p3ctu.~a hangars. Elndier na clumata-ncee avail ~otoh toga be used t~ taraten er~ythlnq. Ate; ~3 ~O~t7 ,~~ S~F'!1 HP <.fi~~aJ€z f~7S ~, 10 ... :S' , 9. 'P'oaant shall not Bark boat. trailer, oit d;iaahlec! ta~iciaa 2~. Tenant st~a-11 haws xNO kaya isa~ted. Looker aha21 root bt Changed or shared a»d Ic+~ya aball not be t9arpli.oates~. il, 'Tenant shall not ma3oe dny alterations, a~i~ditfona, or i~nprr~v~enta xithout prier vtittet~ Conserrt or the I,aMi2ortl. 12. Tenant shall b+e xeaport;ab2e !or aanall zits {lcsoas s~ra~s, artu~~C W indaM, ba~k~~1 up tollata eto. ~ . 1~, Upon vacanc~r of apar~snt, the appliaanoe~e and ta3~neta crtu~t be Cleaned tharoec~.hly b+a~or• Rtrant ~aoataa aid prcaaiacs. 14. Upon vac~cy of apartment, carpet moat be steers nla,ar~tci and d receipt moat be turned in Frith the keys. 15. Tenants are r~rapona.i~le ft~r cnaintaninq sr~ice detor xith ehargad battery at all timers t~-'hete5 apEplicabief . ~re~arlts a~'e oleo reapansibla for rept~rtng ~y zzon ~eorkinq araoke cl,etectar ina~eediatRiy to i.andlord, 26. It is andsrst~iod d aqd that the ~racurity pa.ynt in the amount of '~ dc~llaxe prt~vidard far nruier the base !or thii pretinas~ e__ een pm,id. bt'rder no oircusutancea racy the Tenant apply the security celsiC to tHtir heat months rant. lea. The security d~poeft will at~rve f~,terest at a zeta at 1.75k yetsriy, accrued year~:y. baginn.in~ attar the Brat lu~.1 yaa~r of tenancy hss been vv~pleted. 13. in the e~~rent ?anent hers trot notified Landl~Yd of a needed repair or c©ndtion, any labilf~ty arrdfoz financial resp+ansibillty rtball 2se aastnnec~ by 'fierratrit. 16. its the ev~r_nt that La-ttdlorci is to make zapai~ce to mpazt~e~lt Cleat ~undex the terms anti ~rondtior~a of tAf.a e~ araw tiot rslatad to ttor~r+al xr~ar arnl: tear. tar~dlord i~ to 1~i oott3a~-t:ad tar time spent fn th® amoisat of ~5o.i-Q p~-r hour., ar>d mattrxais sE ttti~eir cost to a.arydta~rd. 19. TezlanC wil:i ire Ctulrgsd ~2~.00 for ~tttlt~+ad ck, LaCe fcas will ere applied to thrr dat+~ of zaat3tafi. for aa-c~ retr cRec k . ~~. Bxtsaorditu~ty garbage litres, faarn.tv~t+a, ~attresasr, aDplanoea, etc.) is Cher reap~ansibilityr of th4 ~eYta~nt ttr ha~re r~-o~ned at Ter-ant' a expQnac . RuC ~3 2if07 2.32PM ~P LASEitJE7 ~R~t ~_e ,, , ~.lt 21. Additia[~l Teear~t respan.bbflitiers: 22. Tbbsa r~lee s~ rsgulbtio~ b?~all~ cv~btit~te cit#.oc~a of tIYGy. Fwd violation thereof s~u-1l be ~ delanlt tlntisr tRi.a lease. it i~ €asther aaau~ed that theca =ales dv not violate Local. $tata or ~!adb~ra.l I-#M. I,~ tha aPorensarttio~~ avebt, the ragtxlation atetsd hezein rill b~ar~ Waal b voitl~ that renderlriq ~arbosdbtl~b to the lax. wte ___ _ ~ Ili 1~? ~~~ Timothy I~ogq 'Tbnnnt _, Went Tbt1~t _ Au; 23 2D'C17 ~:3~PM MP IASERJET F~?t . `hie ride~c ie attached to, and four ~ pszt of the 6tental A~~e~ent ~~ygil~tti[tq ~;~ btrra~» 'I'it~othy J. k~cx,#g, the Lac1dlG:rd, ~ ~ ~ ~ th+e T~3I1aAC. (~ y Beginning , 'the f~rllt~~~ng p~ta u~:11 ba psr~.~.tted a fa: S'E'T: BREED: fiEIGE~T: t~B. ~, . _ ~-t ao additio~l, reluAdable sect~urlty deposit of $ Art additoe~2 th1y incraas~ed seat tmow~t of ~,~~~vill be o#~a+id for- the ~aintena»Ce of ~~+ :bone pet, ~'sn,ant 1a reap~taible far clearr_ of ell fetal eeatorial lttu~t y$rd, street, aide~ralk ekc. ret~ardlesa of whether it .ras created by above get. ?tt~~t is raeponefble fot all de~agss to pro~rerty of Lartirilorrci ar ott~era~ reauitinq from the ~aaintena»oe of pCt. Tesuix~t ~gteee that dogs a-rc to be uaiked and r~ct cht£n+~# or othatxiaer tethered ovt.ai4e. ~`snBnt is tc~ be phYaically preaerrt at: e1L tira~e while t.hs 9 is ot~taid~i the Duildi~tg. 9`e~ant agrees to pay for ~ea-t ~teatation aerr-c.es after tszte~fnat;t~a of o~zupancy, Bed aantes shall be th• raeganaibil~.t~ of the ~'e»ant and sbali tre dedt~ctact Rote than aecvrity d~as3t, ?errant alatr agrees apaactment open ten the Tenant and any by fienant, L#' khe deposit {a3 . Te:~ant f`azthwl th that aey arnd all pat odors reteainir~q itt the aiztatioa of ~eey axe tt~e respc~naibi3ity a~ and sal ~ dean tit of these odoara ~L"Rr to be paid 4ost a# d»~p ex~~ th+b t~e~tt,~ity ,erhe.ll aarce~ the rasaaitti.tit~ tehnie~t x.32 ?errant lntth~r agre+~a th~rt c~.~cts ar+e tt~ ba pro~'e~raonally etea~ cleaned by lndlt~rd' a reoo~c ttractc~x, Auk 23 Zfl0? ~:33P11 hIF L~iSERJ'ET FfiK ~ f Landlord reserves right to rfvoke this canaa~nt nc~tic~s to T•Aant i# in the opinion of L~iAdlo~tti eeployeres ~h: ~t hie been a nuisance to other not bin a~~-inta~ed according to t2~se rules. c~teerit i~t re4akad, tvrsax~t aggress to torth~ith maintenance of tha pat. ~ei~.u:rs to diaoontnu+ considered a broach of this Rantal Agret on theme days or Landiord`a rasiddnts or h,aa Ii- the e~~it d le cotrt i n+a+~ b ifill be This d4ant +~en Progeny eacecuted v~ll take precicienca aver ar~y other parts vt thus Rental Agreesant. X11 Qttt+~r terms ari+~ coctditior~ bf th~.a l~entel Agreeiaent ca~aein in ft~Yl farce. ~~~ .. _'` Date ~~ ~ ~ ~Tt2'~ _ Landlord i.andlard ~~ Tenant p,l~ Tenant VERIFICATION I, Tim Hogg, owner of Hogg Properties, LLC, verify that the statements made in this Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made sub}ect to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 'L - ~ ~ ~ By: Tim Hogg CERTIFICATE OF SERVICE AND NOW, this ~ a day of February, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan Cunningham, Esquire 2320 N. Second Street Harrisburg, PA 17110 ~~~ C:. e~ r, ~ -rt .., ~ F'r~ C,~.7 ,_ -t't i , , r-W -~, ~..) '~ ~"~: ,.~ ~.dJ ti j ,~ . David J. Lanza Attorney I.D. #55782 CALDWELL &KEARNS 3631 North Front Street Harrisburg, PA 17110 (717} 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term PRAEC/PE TO TERMINATE SUPERSEDEAS PURSUANT TO PA. D.J. R. 1008 (BJ TO THE PROTHONOTARY: Please terminate the supersedeas in the above referenced matter by reason of the Defendant's failure to make the monthly rental payments from and after February, 2008. Dated: ~L V'`~ o ~ Respectfully submitted, CALDWE L &KEARNS By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30} days, the upersedeas is terminated. ~,... -- Prothonotary r CERTIFICATE OF SERVICE AND NOW, this 20 day of February, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Terminate Supersedeas Pursuant to 1008 (B) upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS B 14-031 /129352 ~- ~:-c, ..-~ `'"~ N =- : r -~ ~~ ~ ,.~ M°~ JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHA~CCLAWPC.COM ATTORNEYS FOR DEFENDANT HOGG PROPERTIES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants N0.2007-4319 Civil Term IN EJECTMENT EMERGENCY MOTION TO REINSTATE SUPERSEDERS AND NOW, comes the Defendants, Maria Tsirigotis and Eric Nearhoff, by and through their counsel, Cunningham & Chernicoff, P.C., who files this Emergency Motion to Reinstate Supersedeas and, in support thereof, avers the follows: 1. Plaintiff, Hogg Properties, LLC (hereinafter referred to as "Plaintiff'), is a Pennsylvania corporation who has a principal mailing address at P.O. Box 624, New Cumberland, PA 17070. 2. Defendants, Maria Tsirigotis and Eric Nearhoof (hereinafter collectively referred to as "Defendants"), are husband and wife and are adult individual who reside at 19 Gettysburg Pike, Apartment 4, Mechanicsburg, PA 17055. 1 3. A judge has not been assigned to this case, however, Presiding Judge Bayley has previously ruled on another issue in this matter. 4. On or about January 11, 2007, Plaintiff and Defendants entered into a rental agreement by which the Defendants agreed to rent the premises located at 19 Gettysburg Pike, Apartment 4, Mechanicsburg, Upper Allen Township, Pennsylvania for the monthly rent of $755.00. 5. Plaintiff alleged that Defendants failed to pay rent for the months of Apri12007, June 2007, and August 2007. (Paragraph 7 of the Complaint.) 6. Plaintiff also alleges that Defendant Maria Tsirigotis tendered a bad check to Plaintiff in the amount of $755.00 during the term of the rental agreement, thus resulting in Non- sufficient Fund charge of $25.00. (Paragraph 8 of the Complaint.) 7. The check which Defendant Maria Tsirigotis tendered to the Plaintiff, which is alleged in Paragraph 8 of the Complaint to be the "bad check" was a check issued on March 31, 2007 for payment of April, 2007 rent. A true and correct copy of the check tendered by Defendant Maria Tsirigotis to Plaintiff is attached hereto, made part hereof, is incorporated herein by reference and is marked as Exhibit "D-1 ". 8. Plaintiff, Hogg Properties, LLC, contacted the Upper Allen Township Police Department and prosecuted Defendant Maria Tsirigotis for the alleged bad check tendered by her to Hogg Properties LLC for Apri12007. The matter was forwarded to the Cumberland County Office of the District Attorney for prosecution and was docketed as Commonwealth v. Maria Tsirigotis, No. CP-21-2033-2007. 2 9. This matter arose from a judgment for possession and monetary damages entered by Magisterial District Judge Mark Martin on July 12, 2007 for the period covering Apri12007, June 2007 and July 2007 rent. 10. On July 23, 2007, a Notice of Appeal was filed in this matter together with a deposit of three (3) months rent, a supersedeas was issued. A true and correct copy of the Notice of Appeal is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-2". 11. At the time the Notice of Appeal was filed, a supersedeas was issued pursuant to Pa. R.C.P.M.D.J. No. 1008(8) as the Defendants escrowed with the Prothonotary the sum of $2,265.00, a sum equal to three (3) months of rent. A true and correct copy of the Prothonotary's Rent Escrow Account setting forth the deposit is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-3." 12. Cumberland County Rule of Civil Procedure No. 357(3) provides that after having obtained a supersedeas if an appellant fails to pay rent with the Court when due, the appellee may have the supersedeas terminated on application to the Court. (Emphasis provided.) 13. Pa. R.C.P.M.D.J. No. 1008(8) provides in part: ...an appellant must pay monthly rent to the Prothonotary in the amount found by the Magisterial District Judge which becomes due during the period of time the proceedings upon appeal are pending such rental pa mats to be made within thirty (30) dam following the date of appeal and each successive thirty (301 day period thereafter... (Emphasis provided.) 3 14. Defendants, from July 23, 2007 through December of 2007, made monthly escrow payments when due, that is before the end of each successive thirty (30) day period thereafter, to the Prothonotary of Cumberland County as is reflected in the Prothonotary's Rent Escrow Account marked as Exhibit "D-3." 15. On February 20, 2008, at 11:51 a.m., without having given prior notice to Defendant's counsel, Plaintiff s counsel, David J. Lanza, filed a "Praecipe to Terminate Supersedeas Pursuant to PA.D.J.R. 1008(B)" (sic) due to the Defendants failure to escrow rent in accordance with Pa. R.C.P.M.D.J. No. 1008(B). A true and correct copy of the Praecipe is attached hereto, made part hereof, is incorporated by reference herein and is marked as Exhibit "D-4". 16. Plaintiff s agent, Timothy Hogg, presented a copy of the Praecipe to Magisterial District Judge Martin's staff at approximately 12:30 p.m. on February 20, 2008 demanding the office issue an Order of Possession. 17. Pursuant to Pa. R.C.P.M.D.J. No. 1008(B), Petitioners would have had until February 22, 2008 to deposit February's rent with the Prothonotary, the date on which is the thirtieth (30"') day to the successive thirty (30) day period after the filing of the Notice of Appeal. 18. On February 21, 2008, Defendants deposited $755.00 with the Prothonotary. 19. Plaintiff and its counsel have failed to file an "application" for termination of the supersedeas in accordance with the Cumberland County Rules of Civil Procedure. 20. Defendants' payment of the February 2008 rent escrow payment to the Prothonotary has been made when due. 4 21. Defendant's counsel contacted Plaintiff's counsel to ask why he had filed the Praecipe and he announced the filing of the Praecipe was correct on the basis that since five (5) months have thirty-one (31) days had passed since the filing of the Notice of Appeal on July 23, 2007 that the date on which the monthly rent escrow payment was due had been reduced by the thirtieth (30~') day from the 23`d of each month to the eighteenth (18`f') day of the month. 22. Any act ofnon-compliance is the act of the Plaintiff and equity under these circumstances demands the intervention of the Court and the relief sought by the Defendants. 23. Defendants are likely to prevail on the issue that the payment of the February 2008 rent is not due to be paid to the Prothonotary until February 22, 2008 and was paid on February 21, 2008. (Appeal filed July 23-rent due with each successive 30 days thereafter.) 24. Defendants are committed to paying the rent to the Prothonotary in accordance with the rent escrow provisions of the Rules of Civil Procedure as they have in the past. 25. Plaintiff comes to this Court without clean hands as it was in a position to know and/or did know it was not following the Cumberland County Rules of Civil Procedure by failing to file an "application" with a proposed order for a termination of the supersedeas and filed the Praecipe without basis in law or fact. 26. Defendant's counsel contacted Plaintiffls counsel, David J. Lanza., who does not concur in this Emergency Motion to Reinstate Supersedeas. 5 27. Defendants have again been forced to file an Emergency Petition to Reinstate the Supersedeas and aze of the belief and therefore aver the Praecipe filed in this matter violates Pa. R.C.P.M.D.J. No. 1023(C)(1) and (3) and therefore seek sanctions against Plaintiff and its counsel pursuant to Pa. R.C.P. No. 1023.4 and 42 Pa. C.S.A. §2503(6) and (9) in the form of counsel fees and such other relief as the Court may deem appropriate. WHEREFORE, your Defendants respectfully request this Honorable Court to issue an Order reinstating the supersedeas issued and an Order directing the Honorable Mazk Martin to mark the Order of Possession as revoked directing the Constable not to execute upon the Order of Possession until further Order of this Court. & CHERNICOFF, P.C. Dated: February 22, 2008 By: (.. . = l/ ~- ordan D. Cunningham, Esquire PA I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants F:IFlomeIAHEWI771DOCSIM-NWEARHOFFILANDLORD-TENANT MATTERICCP PLEADINGSIPETITIONTO REINSTATE 022108 no 2.wpd 6 Exhibit "1 " s031DDOD40* 04/12/2007 ~` 6412346447 -,.< o ru 'his i s a` LEGAL COPY o f u can uae i t Y k y ~ ~+t o^ °I A P o . our chec r sp8lpaooVO• ~ e same way you wou I d th~ o o py~p~~s0o7 ~ ~ ,o.s.- ~z•+., ~ . isa the or i g i na I check . ~ s J, ~4soo7o~ ~ s o os ~ rn~• 101 ar • RETURN REASON-A CIENT ti r '~ ? b . ~°~ or innw~cN at •Za~1*'""; ~ NOT SUFFI o .. „ FUNDS ~ c~ s O O .Y N SUFFICIENT ~ ~ ~.•~ e0 o ° ° FUNDS M1 N ,~ pub 8 ~, fU O m °o rf~INliq o O rU O o o nwlKa~rw~ m po ~ v ~ e > ~ rn ~c r L4~ ° °u ~ ~03L30~Q84~: 003fl3156Qi5frMiliOi +'0 OOQY5500d 4>I:0 3 L 20 2084: 38 3 L 560 i 5611` ~~'00000 7 5 500.x' a ~~ II Exhibit 2 ~. ~'.~ TH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM 'J/.2 3/0 9 DISTRICT JUSTICE JUD~3MENT coMMON PLFJIS No. a ~. 43/y L'am' ~T~,,,., NOTICE OF APPEAL Notice is given that the appefiant has filed in the above Court d Common Pleas an appeal from the judgment rendered by the Dis- triG Justice on the date and in the case mentioned below. ` NAME OF APPELLAN[ MAO. DIET. NO.OR NAME OF D.J. ~L 1iIlI~?I>! aa~i HRIC ~ 09-3i-~OS ADDRESS CIF APPELLANT CnY $tATE LP CODE 14 GE~S8i1RG PIKE, AP?. i :gCHA1tICSS1>KG P,A 170SS 7/1~/OT i3o~ lsopereisa, LLC CV YEAF# LT YEAR 000021667 This block wNl bd signed ONLY when this notation is recWired under PA. R.C.P.J.P. Nd. t00t~8. This notice d Appeal, when received by the Distrbt Justice, will operetli~ae A 3UPERSEDEAS to the Judgment for possesatorr in this case..; " . /... •.y .. ~ ~.~. a I/sppellarrt was Ci~almant (see PA R.C.P.J.P. 11b. 1ta01(8)) !n action before dbtrlct Justice, he MUST FILE A COW/PLA/NT within twenty (20) days after 1!Iing h!s NOTICE of APPEAL. PRAECIPE TO ENTER RUDE ~ FILE COMPLAINT RULE TO E (This sectlon of tonrl to bs used ONLY when appellant was DEFENDANT (ses PA R.C.P.J.P. Na 1001(n In actloel before l~et-ict Justice. IF NOT USED, detach from copy of rwtics of appeal to be served upon appellee. . •. PRAECIPE: To Prothonotary Enter rule upon Ham PropsrCita, LLC ,appellee), to a int in this appeal ntam. aappsirss(i) ~,,,. (Common Pleas No. O'1- y ~~ / 9 1 within twenty (20) days after service rule o- Slhj!y~d~ertt d non pros. RULE: To fiogg rte. LI~C 1A8(s) Namr d~gosMew(a) adwnsy a (1) You are notified that a rule is hereby entered upon you to f11e a complaint in this appeal v~ithin tvlrerrty(20) days after the date d service d this rule upon you by personal service or by certified or registered mail. (2) If you.do rat e i~lnp~aint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU ,l j~PbN PRAECfPE. r `'.., (3) ~ The date d service of this r~~erf service was by mail is the date of the mailing. S - D~te_~Irl~ ~~ Year a~ 7 r " I - , ~ S/g-Iehae of ry ar l7ieloury C3rosn - Court r~PY , . Yellow - Appelant'a ~, Pink ~ •ww~M~ ~ . 3 ! 71't f f 1't - D' J ~Py Proth. - 78 l f>i•ar>aof! Exhibit "3" PYS511 Cumberland County Prothonotary's Office Civil Case Print 2007-04319 HOGG PROPERTIES LLC (vs) TSIRIGOTIS MARIA ET AL Reference No... Case Ty e...... APPEAL - DJ Judgmen~..... 00 Judge Assigned: BAYLEY EDGAR Disposed Desc.: STRICKEN ------------ Case Comments - B Filed......... Time..... Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1 7/23/2007 12:29 0/00/0000 2/20/2008 ******************************************************************************** General Index Attorney Info HOGG PROPERTIES LLC PLAINTIFF P O BOX 624 NEW CUMBERLAND PA 17070 TSIRIGOTIS MARIA DEFENDANT CUNNINGHAM JORDAN D 19 GETTYSBURG PIKE APT/STE 4 MECHANICSBURG PA 17055 NEARHOFF ERIC DEFENDANT CUNNINGHAM JORDAN D 19 GETTYSBURG PIKE APT/STE 4 MECHANICSBURG PA 17055 ******************************************************************************** * Date Entries * ******************************************************************************** FIRST ENTRY - 7/23/2007 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY JORDAN D CUNNINGHAM JR ESQ *SUPERSEDEAS SIGNED ------------------------------------------------------------------- 7/23/2007 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------------------------------------------------- 7/23/2007 RENT PAID $2265.00. ------------------------------------------------------------------- 7/30/2007 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT BY JORDAN D CUNNINGHAM ATTY ------------------------------------------------------------------- 8/17/2007 RENT PAID $755.00 ------------------------------------------------------------------- 8/27/2007 COMPLAINT -BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 9/14/2007 PRELIMINARY OBJECTIONS IN THE FORM OF A MOTION TO STRIKE COMPLAINT - BY JORDAN D CUNNINGHAM ESQ FOR DEFT ------------------- 9/20/2007 RENT PAID - ------------------------------------------------ $755.00 ------------------------------------------------------------------- 10/12/2007 RENT PAID - $755.00 ------------------------------------------------------------------- 11/19/2007 RENT PAID - $755.00 ------------------------------------------------------------------- 12/21/2007 RENT PAID-$755.00 ------------------------------------------------------------------- 1/24/2008 PRAECIPE TO TERMINATE SRUPERSEDAS PURSUANT TO PA DJ R 1008(B) - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 1/25/2008 PRAECIPE - BY JORDAN D CUNNINGHAM ATTY FOR DEFT ------------------------------------------------------------------- 1/29/2008 EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - BY JORDAN D CUNNINGHAM ATTY FOR DEFTS ------------------------------------------------------------------- 1/28/2008 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 1/30/2008 ORDER - DATED 01-30-08 - IN RE:EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - IT IS TEMPORARALLY ORDERED THAT THE PROTHONOTARY SHALL REINSTATE THE SUPERSEDEAS UNTIL FURTHER ORDER OF THIS COURT AND THE HONORABLE MARK MARTIN MAGISTERIAL DISTRICT JUDGE IS ORDERED TO MARK THE ORDER OF POSSESSION DOCKETED TO NO LT-0000216-07 STAYED AND TO DIRECT THE CONSTABLE TO REFRAIN FROM EXECUTING ON THE ORDER OF POSSESSION ON 02-05-08 UNTIL FURTHER ORDER OF THIS COURT - A HEARING ON THE MATTERS RAISED IN THE DEFENDANTS MOTION IS HEREBY SCHEDULED TO BE HEARD ON 02-08-08 AT 3:30 PM IN COURTROOM NO 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2007-04319 HOGG PROPERTIES LLC (vs) TSIRIGOTIS MARIA ET AL Reference No... Filed......... 7/23/2007 Case T e.....: APPEAL - DJ Time.........: 12:29 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: STRICKEN Disposed Date. 2/20/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: AT WHICH TIME IT WILL BE DETERMINED IF THIS ORDER SHALL BE MADE PERMANENT - BY EDGAR B BAYLEY J - COPIES MAILED O1-30-08 ------------------------------------------------------------------- 1/31/2008 ANSWER TO DEFENDANTS EMERGENCY MOTION - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 1/31/2008 PLAINTIFF'S MOTION FOR THE USE OF ESCROW PROCEEDS PURSUANT TO PA RCP D J 1008 B - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/05/2008 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/05/2008 ORDER OF COURT - 2/5/08 IN RE: PLFF'S MOTION FOR THE USE OF ESCROW PROCEEDS PURSUANT TO PA R.C.P.D.J.1008 B - HEARING SHALL BE CONDUCTED 27/08 AT 8:45 AM CR2 CUMBERLAND COUNTY COURTHOUSE - BY EDGAR B BAY EY J ------------------------------------------------------------------- 2/05/2008 ORDER - 2/5/08 IN RE: PLFF'S MOTION FOR LEAVE TO AMEND COMPLAINT - RULE IS ISSUED UPON DEFTS TO SHOW CAUSE IF ANY THEY HAVE WHY THE RELIEF REQUESTED IN THE AFORESAID MOTION SHOULD NOT BE GRANTED - RULE RETURNABLE 10 DAYS AFTER SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 2/5/08 ------------------------------------------------------------------- 2/08/2008 ORDER OF COURT - 2/7/08 IN RE: DJ APPEAL - FOLLOWING A HEARING IT IS ORDERED 1- THE SUPERSEDEAS IN THE WITHIN CASE IS REINSTATED 2- THE ORDER OF POSSESSION IS STAYED 3- THE PROTHY SHALL FORTHWITH RELEASE $2,503.88 FROM THE CURRENT ESCROW AND DELIVER IT TO HOGG PROPERTIES LLC 4- HOGG PROPERTIES LLC IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS OF THIS DATE - BY EDGAR B BAYLEY J - COPIES MAILED 2/8/08 ------------------------------------------------------------------- 2/19/2008 CHECK ISSUED TO NOGG PROPERTIES, LLC IN THE AMOUNT OF $2503.88 (CHECK #1765) CHECK HANDED TO ATTY DAVID LANZA 02-19-08 RENT PAID INTO ACCT AS OF TODAY IS 6040.00 - THIS CHECK IS 2503.88 - REMAINING BALANCE - $3536.12 ------------------------------------------------------------------- 2/19/2008 NOTICE OF ENTRY OF APPEARANCE - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/19/2008 AMENDED COMPLAINT - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/20/2008 PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO PA DJ R 1008 R - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/20/2008 RULE - 2/20/08 IN RE: PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT OT PA DJ R 1008 B - UPON CONFIRMATION) OF FAILUREOF THE APPELANT TO DEPOSIT THE MONTHLY RENT FOR MOTE THAN 30 DAYS THE SUPERSEDEAS IS TERMINATED - BY CURTIS R LONG PROTHONOTARY ------------------------------------------------------------------- 2/22/2008 RENT PAID - $755.00 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq~ Bal Py~tnts/Ad~ End Bal ******************************** ******** ****** ******************************* APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 RENT 2265.00 2265.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 238.88- 238.88- .00 PYS511 Cumberland County Prothonotary 's Office Page 3 Civil Case Print 2007-04319 HOGG PROPERTIES LLC (vs) TS IRIGOTIS MAR IA ET AL Reference No... Filed......... 7/23/2007 Case Ty e...... Judgmen~......: APPEAL - DJ 00 Time..... Execution Date 12.29 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: STRICKEN Disposed Date. C 1 i 2/20/2008 ------------ Ca se Comments ----------- -- gher rt .: H Higher Crt 2.: RENT 238.88 238.88 .00 RENT 3536.12- 3536.12- .00 RENT 3536.12 3536.12 .00 RENT 755.00 755.00 - - .00 ---------- -------------- 6873.25 -------- - 6873.25 - .00 * End of Case Information ~' ' ~ rv '~' r~ r--:J -~ Cam, t ,~ N '_ s r '"" ~ i ~; :~ .. _ ~. ~. 4 ~ -C NOGG PROPERTIES, LLC, Plaintiff vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4319 Civil Term IN EJECTMENT ORDER AND NOW, this day of , 2008 after having reviewed the annexed Motion to Reinstate Supersedeas and upon motion of Jordan D. Cunningham, Esquire, the Prothonotary is -~S.rn~e+aai 1 )may Ordered to Reinstate the Supersedeas until further Order of this Cou~and Order of Possession docketed ~ .lip tMc;~.r~ ~ 1c~L `Q~ s-'4Y~ ~-~- ~ - 3 - ors No. LT-0000216-07 as~e~eiCed ~ t S S ice. t ~~. o~~ ... ...~~ hearing on the matters raised in the Defendants Motior~is hereby scheduled to be heard on ~ I~ , 2008 in Courtroom ~ at ~~ ~~5 County Courthouse, Carlisle, PA. Distribution: ~rdan D. Cunningham, Esq., 2320 N. 2nd St., Harrisb~ avid J. Lanza, Esq., 3631 N. Front St., Harrisburg, PA 17110 (717) 232-7661 ~jdgg Properties LLC, P.O. Box 624, New Cumberland, PA 17070 o'clock G~ .m. Cumberland Honorable Mark Martin, Magisterial District Court No. Magisterial District Court 09-3-05, 507 North York Street, Mechanicsburg, PA 17055 ~ ~ •_~~/~ Building /n! O~ ~~ •~L ~~Q ~~ E1~~ IGw44 a+ J~lf~.~ii~~.;k ~.~.~d ~~ ~Q David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants {N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term IN EJECTMENT PLAINTIFF'S ANSWER TO DEFENDANTS' SECOND EMERGENCY MOTION TO REINSTATE SUPERSEDERS 1. Admitted in part. Denied in part. Plaintiff is a Pennsylvania limited liability company. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. By way of denial, the aforesaid Lease has expired by its own terms regardless of any default. 5. Admitted in part. Denied in part. The Complaint speaks for itself. 6. Admitted in part. Denied in part. The Complaint speaks for itself. 7. Admitted. 8. Admitted. 9. Admitted in part. Denied in part. The judgment was entered in the amount of $4,048.00 plus costs. The judgment far exceeds three (3) month's rent. 10. Admitted. 11. Admitted. 12. Denied. Pa. R.C.P.M.D.J. No. 1008 (B) controls this matter, as such rule has undergone several modifications subsequent to the enactment of Cumberland County Rule 357 for the purpose of providing a uniform statewide method of addressing tenants' post-appeal defaults. Defendants cannot rely upon a narrow interpretation of the word "application" in a pre-1996 local rule to overrule a statewide procedure, especially where such practice would encourage repeated defaults and create unnecessary expense on the part of landlords, all of which Rule 1008 was designed to prevent. By way of further denial, this averment constitutes a conclusion of law which requires no responsive pleading. By way of further answer, the Appellants have failed to pay rent with the Court when due. 13. Admitted in Part. Denied in Part. The complete rule speaks for itself. This averment constitutes a conclusion of law which requires no responsive pleading. By way of further answer, the Appellants have failed to pay rent with the Court when due, as set forth in the plain language of Rule 1008. 14. Denied. The December 2007 escrow payment was not made within the required successive thirty (30) day period. 15. Admitted in part. Denied in part. No prior notice is required. By way of further denial, the aforesaid Praecipe was filed by Plaintiff. 16. Admitted. 17. Denied. The conclusion of the successive thirty (30) day period occurred on February 18, 2008 as calculated by Plaintiff and Prothonotary at the time of filing. Any contrary interpretation would establish an anniversarydate instead of a successive thirty (30) day period. This interpretation would be contrary to the rules and is not supported by existing law. The date of February 22"d was arbitrarily chosen by Defendants. 18. Denied. The aforesaid deposit was made on February 22, 2008. 19. Denied. Plaintiff has fo{lowed the procedures set forth by the Pa.R.C.P.M.D.J. No. 1008(6). Defendants seek to impose an interpretation of a prior rule that would overturn a statewide procedure. 20. Denied. Defendants have failed to pay the required rental payment when due under the plain language of Pa.R.C.P.M.D.J. No. 1008(6). 21. Admitted in part. Denied in part. It is admitted that Defendants' counsel contacted Plaintiffs counsel. Plaintiffs counsel pointed out the language of Rule 1008 which calls for payments on each successive thirty (30) day period, calculation of which requires the monthly payment to have been made on August 22"d, September 21St, October 21St, November 20th, December 20th, January 19th and February 18th, 2008. Any other dates would be purely arbitrary and not consistent with the rules. 22. Denied. Defendants have been repeatedly fate with rent both prior to and after initiation of litigation and this Appeal despite Defendants' representations to the contrary in prior pleadings before this Court. 23. Denied. Defendants' argument is based upon misinterpretation of Rule 1008. Defendants attempt to create a payment obligation on the anniversary date instead of every successive thirty (30) days. Defendants would have this Court interpret the Rule contrary to its plain meaning. 24. Denied. Defendants made the same representation last month during similar proceedings. 25. Denied. Defendants' interpretation contradicts the plain language of Rule 1008 and the purpose of Rule 1008 which was to allow an automatic termination of the Supersedeas upon non-payment of rent without the necessity of hearings, especially where the issue of compliance is purely a matter of calculating days and is solely within the knowledge of the Prothonotary. 26. Admitted. 27. Denied. Defendants have been again forced to file an Emergency Petition due to their own defaults. Plaintiff has been forced to incur attorney fees as a result of Defendants' defaults. Defendants have violated the letter of the Appeal rules and only by seeking this Court's {eniency can remain in the premises. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' Emergency Petition and award attorney fees to Plaintiff. Respectfully submitted, CALDWELL KEARNS Dated: ` ~ ` ~ ~`' ~ `~~~ By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 26'h day of February, 2008, on the following by depositing a true and correct copy of the within document the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS f i %~ /~ l' 'r l ~~ By 14-031 /129555 r~~ -, ` --*s _ ~ r~~ ~" o J - "`. ~,, c~ -- ,, „~,^ .~_ ~ _,.t __ ~-~ f~ JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM 8L CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAMna,CCLAWPC.COM ATTORNEYS FOR DEFENDANT HOGG PROPERTIES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants TO: Hogg Properties, LLC, Plaintiff c/o David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 N0.2007-4319 Civil Term IN EJECTMENT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. & C~IVICOFF, P.C. Dated: February ~f1, 2007 By: darf'D. Cunningham, Esquire A I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendant JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM c(~,CCLAWPC.COM. ATTORNEYS FOR DEFENDANT NOGG PROPERTIES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants N0.2007-4319 Civil Term IN EJECTMENT PRELIMINARY OBJECTIONS IN THE FORM OF A MOTION TO STRIKE AMENDED COMPLAINT AND NOW, comes the Defendants, Maria Tsirigotis and Eric Nearhoff, by and through their counsel, Cunningham & Chernicoff, P.C., who files this Preliminary Objections in the form of a Motion to Strike Amended Complaint and, in support thereof, avers the follows: 1. Defendants timely filed a Notice of Appeal from the judgment of the Honorable Magisterial District Judge Martin. 2. On or about February 19, 2008, Plaintiff filed an Amended Complaint in Ejectment. A true and correct copy of the Complaint is attached hereto, made part hereof, is incorporated by referenced herein and is marked as Exhibit "D-1 ". 3. Pa. R.C.P. No. 1054(b) provides: "A party shall set forth in the Complaint or Answer an abstract of the title upon which the party relies at least from the common source of the adverse titles of the parties. (Emphasis provided.) 4. The Complaint filed by the Plaintiff fails to set forth an abstract of title in conformity with the Rules of Civil Procedure. Pa. R.C.P. No. 1028(a)(2) provides as follows: Rule 1028: Preliminary Objections: (a) Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds:... (ii) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 5. The Complaint filed by the Plaintiff fails to conform to a rule of court. WHEREFORE, Defendants respectfully request this Honorable Court to Strike the Complaint for its failure to conform to Rule of Court, Pa. R.C.P. No. 1056(b). Respectfully submitted, COFF, P.C. Dated: February a'~ ~, 2007 By: ~rd~i'D. 2'unningham, Esquire PA I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants F: IHomeIAHEWITTIDOCSIM-NWEARHOFFILANDLORD-TENANT MATTERICCP PLEADlNGSIPREL/M OBJECTIONS wpd 2 Exhibit "D-1 " David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term ...~ MARIA TSIRIGOTIS and ~=" ~ ~ `~`' R, ~ ERIC NEARHOFF, r =''' Defendants ~ ~ ,_ -=bs ~~ NOTICE ~ ' ~~ ,.~~~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claiMs'set'~ forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TRKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 / 1-800-990-9108 David J. Lanza Attorney 1. D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en {as paginas siguientes, debe tomar action dentro de viente (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia esrita en persona or por abogado y presenter en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decider en su contra sin mas aviso o notification por cualquier dine ro reclamado en !a demanda or por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTE DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 / 1-800-990-9108 David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff NOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants AMENDED COMPLAINT 1. The Plaintiff, Hogg Properties, LLC, is a Pennsylvania LLC with an address at P.O. Box 624, New Cumberland, PA 17070. 2. The Defendants, Eric Nearhoof and Maria Tsirigotis, are adult individuals residing at 19 Gettysburg Pike, #4, Mechanicsburg, Pennsylvania 17055. 3. On or about January 11, 2007, Plaintiff and Defendants entered into a Rental Agreement by which Defendant agreed to rent the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, a true and correct copy of which is attached hereto as Exhibit "A." The aforesaid Lease constitutes Defendant's sole basis for possession of the aforesaid real estate. 4. Defendants are required by the Agreement to pay rent in the amount of $735.00 per month to the Plaintiff plus an additional $20.00 per month pursuant to the pet addendum ("Rider B") for a total of $755.00 per month. 5. Said Lease has not been assigned by Plaintiff. 6. Defendants are in breach of their obligations under the Agreement in that they have failed to pay rent in a timely fashion from the inception of the Rental Agreement. 7. Defendants have failed to pay rent for the months of April 2007, June 2007 and August 2007. 8. Defendants have provided a bad check to Plaintiff in the amount of $755.00 during the term of the Rental Agreement, thus resulting in NSF charges in the amount of $25.00. 9. Defendants have failed to provide to Plaintiff proof of insurance as required in the Rental Agreement. 10. Defendants are required to pay Plaintiffs attorney fees pursuant to the Rental Agreement. 11. Plaintiff is expected to incur attorney fees in the amount of $2,000.00 for the purpose of evicting Defendants and collecting all amounts due. 12. Pursuant to the aforesaid Rental Agreement, Defendants are required to pay the remaining balance through the end of the lease term as a result of their defaults. 13. Plaintiff has been forced to incur frling fees at the District Justice office in the amount of $254.00. 14. Defendants have incurred late fees in the amount of $500.00 pursuant to the aforesaid Rental Agreement, and have paid only $130.00 of the aforesaid fees. 15. The aforesaid Lease has expired by its own terms, regardless of the existence of any breaches. 16. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Eight Thousand Six Hundred Eighty-Nine and 00/100 Dollars ($8,689.00.), calculated as follows: Unpaid rent $6,040.00 Late fees 370.00 NSF fees 25.00 Attorney fees 2,000.00 District Justice filing fees 254.00 TOTAL ~8, 689.00 17. Plaintiff is entitled to judgment against Defendants in the amount of $8,689.00. 18. Plaintiff is entitled to immediate possession of the leased premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055. Wherefore, Plaintiff demands judgment against Defendants, Maria Tsirigotis and Eric Nearhoof for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055 and for damages in the amount of $ 8,689.00, plus costs, interest, additional rent and additional attorney fees through the time of trial. Respectfully submitted, CALDWELL & KEARNS Dated: 2 ~ ~ ~ (° ~ By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717} 232-7661 Attorney for Plaintiff 14-031 /128633 Ruh 23 2007 2:Z8Pri HP LASERJET FIIK p•~ '2~Yt i~ 11 ZiOAL D'f. By siQninq, the Ttment agrasa that Tenant hes read this i~rase and ha3 hsd tAe opportunity to eek questions about the laase. The Tenant and Landlo~rti agree that THIS IS ]~- LF~.ASE. Hogg Propartie3, LLC is the Landlord. Maria Tairigotis and Eric ~tearho4f are the Tenar~te. Thia laaae 1s for ]9 Gettysburg Pike ~~, 'Mechanicsburg, PA I~055 Thia lease hegira on 1/111200?. This lease ends on il9i/soot. Tenant nwst notify Taridl~rd in uritiaq Sixty days before the end of this lease that Tenant is ~oYing out. If Tenant does not notify Landlord thnt halshe is ca~ovinq out,or landlord does rot extend a contrsct renexal, the leaso will automatically becoae a month-tv-inOs'ICh leaaa at a~crr-th-to-Anonth rats: In oxddr to etsd the lea3i during th• month-to-iaonth pedals, the tenant aeust ratify Land2ozd in rrritinq at least 60 days before 're-has~t intatrde to taov~e out. A full rocnth'a rent shall by etas for any parti$1 month in which Tenant occupies the apa.rC;uCi~t . Rent is payable fn monthly inata3..lm4nts ai S73S.00 Aent is eras la advance on os: before Che ti~T day of each cdcnth of thin Lease. Rent is to be wiled to the #ollo~winq address: 4logg Properties LLC PO Box 624 t~ew Cumberland, FA 17070 RenC Chacxa car i4oney Ordsr3 are tia be .aade oat to "Hogg Propsrtias". 3T"f bi~3/t'Ps The 'fena.nt has depo9ittd ~'t3~.g0 as a S>tCURITY DEPOSIT. This security d~pasit fs held by the Landlord in full throughout the trim of the lease regardless to the satiou»t of tha deposit and applied to any deiaagea to the spsrtn~axtt ewused by Tenant, hislher family, quarts or pats. Ths Security dapoiit carp also be used for any damages from breaking the tease, Ter~ant'a unpsid bills, or not paying part of tha rent due. J-t wo t.~rw dosiAq tar taaaeay gill aa~ part e!~ t!~ deppel~ b+ sr-l~da4. ttY dspe~att +ll-+a11 her ~d +~itbia th6.>~ d+a3i at fibs sa+d of thr ssaat3~ is +d~:iait the leasr tszai~rtrt~ . Ruh 23 X00'7 2:28PH Hf' LiiSERJET FA?t ~'enant I~AY I~~T USE SE,~URITY DEPt'~St~T AS RENT ~ err ~rxzu ~~ gut ar ~t ~esx z Incs:saaerd rtnt begins the PIAST DAY of the month. A ten da!!ar rent charge bagina on the fixat day, and five dollars for ever ~dey after the first day of the aonth. These ahsrgts cover incrtasad ac~ainistrative wets and daiaw9ss. C 0~ !mss The Tenant has examined the ggartm,ent and th• apartment fa in satisfactory condition. The spartme~tt is laaaad in AS-I3 conclitio>7. Y>1 the event that repainting, repair os; oLhes: work to be perfors~d in the apartment has not been conpleted, by the tiafe the tenant is to move in, this lease will remain in full farce and t~uzst shall still be resporuib2f foe all rents. Tersant agr+dee that nv agreesaent is~saadti to redtcorats. repair or iaprove the apartRrant unless epecltically written ho re: If tenant, for whatever reason, fails to take possession of the aparts~ent, tenant is still reQponaible tot' all rents and obligatiattia until Landlord can reasonably find a r+eFle~ce~ent tenant for the apartnse~nt. mitht.L llifll'I~ D~ i~wC? s Tenant i a rtaponsibl a fo s: ama 1 ] repairs ouch as stuck wi.ndowa, lcoee screws, baClcod u~p toi2eta/bathtuba/sinks. tenant is airs rsaponsible for sight bulbs and #uses as they becofne necessary. Landlord shall decide what repair is considered "staall." van2lCt.0~ M4A3R - it is the Tessant's raeponaibiltty to rs~port sny cot~di~tion that could bs dangerous or ++astelul is~sdiately to Landlord. In the event Tetsant has Adt notified Lsnc3lord o! a needed repair or condition, esty liability and/or financial reapor-eibility shall be asaunaed by Tenant. Cx+i~Lt~im: Tenant agrees to ktep apartment clean, avoid a garbsge buildup ar~d place garbage In outsid: r+~eeptaclea. tenant agrees that sny pest inlestation as a result of hislh~x spartmeat's spot being kfpt clean is breaking the lease. Any pest control servicoA will. be charged to the Totlatlt. a 1~ ~: ~'he apartment is for usa as a residence by the ne~acd Tananta who have signed this lease and theS.x childrets. t.f Tenant x111 riot uae~ this apartment far any typo al business. Tenant x111 clot use the aparte~aent for diao.rderly or unls~riul Auk 23 0007 2:28P11 fiF' IASER3ET FRx purposes, or in any Winner offensive to others. Tenant will obey all Federal, Statd, County and Local l~sxs, tli~dvrrr an4 ~ Tenant shall not attempt to zeona~e f ixad scracna. Taruant shall bs careful x3~cn lo++exi»q and raising storm windows and scrsega eo as not to damage theim~. The repair and maigte~ance of all ooindoxa and saree~-a is the r8aponaibility of tenant. 1L?!?.3]111~CSt; Rfly appliances which era in the apaststnt era there at the convenience o! the Landlord. Landlord agrte_er to remove appliances if the Tenant asks for raaaoval. The zepair and ieaintenance of all applie~nsee is Che responsibility of t~:e 'fanant. RriS.ti: "Rider A" contains a list of rules that the ?en,a~nt shall follo~r. I! Tenant Sraaks any of these rules, heJahe is bre4kinq tna lease. U'!'t3.2lZlt -Landlord is rebponsibie !or paying the follorinq: garbage and sewer. Tenant is rtaeible fox paying the followirq: Electric, cable, telephone, gas, plug any ether ae.rvice acquired whether by law or otherwise, not mentioned as a Landlord responsibility. TF tenant in the sole disgres3lon of the ?.andlord ovsrvass or uses +raatefuily a utility that is paid by landlord, the txceaa coat shall be assumed by tenant. smsant tt!'~~: Landlord will not allok any deductions iicmi the rant dr charQas to any account of Che Landlord for any purpose ~y the Tenant. C~MaRS: i~o changes will be :made, and no painting or redacorati»q is done to the apartment yit.hovt written pe mission from I.arictlord. Tenant will not drive nails or acre~+a intro the walla or the xaod~rork. .. 7~bDSZS~ 1ri: No kerosine heatexa are allo~+ad in thi apartment. ~r ~ ~ Tenant understar-ds that candles, ino~anse end indoor aswkiiul cause soot to builtt txp o» walls acid sun#acen. In the avant that landlord or landlord's smpldyeea determine that cmndles, incense or a~okfnq products hav~a been bUrnect in the agartnrent aced caUSed daniags to the paint or other itees it the a~l.rtn+ent, the cost of any aid all ps3ntiny, cleaning, repairs etc. shall be paid by tenant. p.S Ci7t]ft~ C~ 3~aasita; Only the ?enants naegd in this lasso a~ay use Aut 23 2007 2:30Ptf HP t.RSERJET FRX P•g the 2.eaaecf apartment . Tenant :say not give t.ha apaartr~rent to anyone else to use. Tenant n-vat r+~gwest a new lease if diffe-rant people nrv in tbs +~paztxtieat than those named on the lease. Ii Tenant is transferred during mid tenancy, Landlord will reasonably look for a near Tenant #or the apartarsnt in order to relieve Tenant of lees a reapansibiliCy. Landlord reserves the zlght to charge tenant far ti.rre spent acquiring new tenant SIOQ.OD flat fee anQ cost of advertising. ps't~: Pete are not allowed in the apart:ent without the wrltteo permission of the Landlord. ~C~IC~C Landlord or h± s eanployeaa may entEr the gpartntent at any time for the following renaone: 1. To lnapect the aparttaer-L 2. To ~-ks necessary repairs 3. To protect the apartment !rota daataga ~. To yhOx the apartmerit to prospective Tenants or buyers tipir~ ot1~l: Tenant will leave the apartment and all property e# the Landlord in good clean and operating condition, except for ordinary near end tear. 'Crnant WiLI clean the apartrs~ent, inctudir<1g any appliances, cabir~et3, tiaaebo~artis, batbroaa~, and retawve all trash from the apartment. Tenant to steam clear- esrpeta using Prote~dional Steam Cleaning service bsfort hove-out date and a receipt is to be turned in with the ktya. if cleaning and trash removal is not done by Tenant, the Landlord +rill clear the apartment and remove trash at the expense aE the ~lana.nt. A service tea of 825.00 per cvntzactor shall ba aaplied to the security deposit if tenant dace not steam clean or properly clean the apartment. Tenant will bring all keys t~ the Landlord within 24 hours of moving tsoen the ap~sctr-tiextt. LX~tLI~'Y' t~ Zahdlds+d - Tarrant agrees that Landlord shall net be liable !or property damage or personal injury occurring in ar around the epartayent unless the damage or injury results directly frost the Landlord's groea negligence. ~1~R Ta Liil~: It the rent is not paid When due, and/ar the T~tnarit doss not perform in a manner consistent with this lease, helshe shall have broken the Lease. The entiro r~rnt due for the r'st of the !testae ie dw and payable irn~meditsttaly. Any court leas, atta~rney'e f,ss, aoliectfon tees, teas for paying. rent after the ftr~-t of the month, plus ar e~rwunt equal td t~ mpttyth•e rent for damages end ada-iniatrattive costa shall also be due, ~llCi TO QDIT: Tereaet understands that he/she is giving up the Auk 2~ 2007 2s~OPM NP IRSERJCT FAX p,fi . ~~. right to any ten day, fifteen day, thirty day, or ninety day notice to quit lease. IF Torrent BRF,~1iC8 THIS LFJ~SE, EVICTION PAPERS CAl+T SE 21IMEDtATELY FILED IN CCURT. , T9~ isf'! l~ ~ ~9d<'ll0$~! ~ !: If tht Tarrant moves out of the apartment and Lvaves belongings in the apartment, the ownership of these belomgings shall. be give~t to Landlord. Landlord may do Whatever he wishes with these ites~. ~TLMQ I~•1'i ate'!: If Landlord a~.lvva Tenant to pay rent lste or break any rule at arry tis+e for any reason, this does not give I'en~tnt pensiseior, tv pay lste again apt Drrak the rules again. 10?ZCi: This agree~nuant is the N~atice to Tenant of ail rents due a.nd obligations of the Tenar#t. Tert.ant A+GR.~S TtTJ~1T !40 IWDITIOIlAL NO?ICE OF RENT DUE I8 NBCL$3ARY. Ho .storage rights are given under this laser. 7'he 7enant'agreee that neither the Landlord or his e~sloyees hai any r.aponeibility for loss of any 3dnd to the Tenant•a property. ~: Tenant agrees that Landlord requires that Tenant buy REI~TCR'S INSi?RA1tCE to Dover damagrs to hialhQr personal property and cover lit-blkity for otAer people's property end casualty. Landlord shall be named a: "additional insured", and inaUranca sgeett shall pr4~+ide proof of insurance to landlord far ell ranarala. ?+rnant understand_a that iri the evert that tenant allows insurance to expire or otherwise lapse, Landlord shall Stave. the right tv pucchaat rentare insurance policy at t~snts exper-ae. Landlord further reserves the right to charge a t+e for this aervicc fn the a:rrvunt o ~lOfl. DO over and aba~a the cart of insurance. Y+eoaat ~ a Z~sit3.ala ~ SZCSZdFB: The aectior~e of this lease axe aeparatt. If a court finds that any part of this tease is illegal for any reason, that finding xill not affect the remaining parts of the lrase. L41p !$,Itl'Tc ~'eriant aclatarrladgeta that helatte has been givers a copy of the p8 ~8A booklet "Prnteot Your Family Fztxs Lead in Year stereo", ar~d Qirs» tiaee to read tip i~fos~-atian it contains. Landlord has no lrncrwled~ge Qf lesd Qaint in the a~partsasAt although Load psiAt was coarunonly us4d haters 1979. A-ny araCk.inq or pca 1 f nq paint must be repo to LsndYa rd i.aeaaediete~ly. 3~*• iaitiele:. A i$ ~o0~/ZBZ0itl~) s Special. prvvisrions in the attact~d Riders ate part at this lease. flay 23 ~00~ 2s3tPM HP LAS~R,7Ef Flsi~ p.B . s- i At~~~: This laaaa conta~ina the ENTTAE AGAEBM~NT bstweaa the 2,andlord end the Tenant. Meithez C3xa Landlord nor the Tenant has agrssd to do anything that is rat writtsn in this leaya-. ~^i Las+3los~d: It Landlord is td sske repaiacs to the apartment tar da~agee tbat ara not caasad by noz~al ~retxr and term K• will hs paid $50.04 psr hour plea the coat of astsriils to Landlord. : Tenant shalt abid+9 by a12 parking aigtts aitour~d apartment buihtings. Tsnent shah ba respanaiblc for ratapval of angw and its from between vehicles atui tenant shall also bs rsttparsibla for k!lping tha area around the vehicle;a) cla~ar o! debris ar~d aha11 .cot allots ail or othsr tluld.a to be apillsd onto the parking lot. Special Parkisq,~2nstre~ctian:Y;2 upa~-ei~ec! taaz'kinA e~Gta is~ earking lot Guest strset otfly. '1"~~ Ie ~ L1QiL DOC~Mr: 8y sSgni.ng, the Tenant agrees that the Tenac-t has read this leaser has gone through zhe lease with the Landlord and h.aa had the op cturity to eak gt~eations abort thib Lease, Lands ord DATE ~' ~'' '~~ TId10'T#!Y NOGG Tenant ($} DATE~„1 It 0 ~z~ dr1~7.---- RuE 23 2007 2:3iPM HP LA~~RJE7 FAX A#.dlt]c 11 This rider i~a attached to and fame a part of the 1eas~e beginning ,l,(~,112007 bet~+een Hogg Pcopertiee, the Landlord, and tiaria T'air' qo~ t~~a~d 6tic ~learhoo#, the Tenant (s~ . 1. Payments +ct retst artd ottce~r c3iarges payable by Taaant shall be Qayable to Landlord and due on the let day of the A-onth. If reCei~ed suer the 2a day of the i~ot-th, include a 320.44 initial penalty plea 85.00 #ar each additional day this rellscts. 1:. Rent peytaente are to be ~sade to Tim NagQ, PO sox 624, mew Oberland, PA 17070-0624. please make Checks payable to "Tian Hogq• only. ~. Tanarit agrees that the premises era lgaaed for use by Tenenta tastily ccrisri~ttinq of 2 persona ~rhich Corsi*ts o.f 2 et3ult~a and 0 ctifidsen. 3. '~snanti era reminded that they ahotild carry sdequata renter's insurnnct to cover any lozsos oz daxusge that may be sustained during xcupar~cy of the abov$ apartment. 4 - No aeatvrcyalea, motor bikes, truck caps, ar snow awblles shall be paziaitted on the prrrniasa. 5. No boisterous parties of unnecessary noise pera~itte~d. b. No antennae allo~red on the prea~iaee. Only the Cable. TV outleCa provided aha21 be used. 7. Nothing th,et sticks to wells or etilittgs Iaay be used including but not lisiitad to etwtr~'i tapt,wallpape~c, bardar~a, stencils, tacky hanging wall products. 8. Pictures shall be bung by ua.ing standard picture hangers. Under no cir~cwnatancas shall scotch taps be used tc tsetse anything. p.9 Aut ~3 ZpCi7 ~: sEpn HP Lfig~R3€T fA~S P• jCi ;.:., 9. ToaaRt shall riot park boat, trailer, oar disabled ~ehic2es o:~ property. 1~. Tenant shall Rave two kaya tssuted. Locks shall root be Changed or alta~red ar,d Icays shall not be duplicated. il. Te»ant ahalY not s~ak,a any alterations, additions, or ienprov~a~nta Without prior vxitteta eonatnt et tt4e Landlord. 12. Tenant shall be raspot131b2e for aana~ll repairs (loose acra-+a, stuck windows backed up toilata- atc.) . 13. Upvz vacancy of apartensnt, the appllanceee and cebinsta moat be cleaned thoroughly beiors Renant vacates said preraisas. 1~. Upon vacancy of apartment, carptt must be a~teara clea.ncd athd a receipt must Ds turned in with the keys. 15. Tenants ara responsible for raaintainin+~ a~ao~ce dstlctor with charged battery at ail times (wna~te applicable) . 7ter-ante~ are also responsible for reporting a,tty non ,rorkinQ araoke detector i,rr»etliataly to Landlord. 26. It is understand acrd agr+aed that the security payment in the a~aaunt of '733.0 doilara providsC# for ur~d~er the laaae for this pramisea s tan paid. Vnder no circuaratan~eae easy the Te:sani apply the a~etarity depaait to thtir iAat months rent. 16a. Tha security dsporit wiil aCCrve interest at a rats of 2.751 yasYiy, soerued yaaxly, beginning alter ttie first fall year of tenancy ha$ been completed. 17. In the avez-t ?avant bas not notified Landlord of a needed repair or Condition, e-ny liability arid/or financial responsibility shall be as3ue~d by Tsnaat. 1 B . Iti the event that Laadlo~td is to ~eaka repairs to apartnitrit that under tl~e tazms and conditioruf of tbi! lea • ara vat ralatsd to nors:al wear and. tear, Landlord is to 1`ii Cy01'~pl~lsatbd !or time aptrtt is tha a~not:nt o! S50.OQ per hour. and materials at theft cost to Landlord. 19. T~tant Will ba cAarged ;3.00 for ainy ~teturued check. Late faeg will be applied ~a tht date of ztatitntidrl far e~aid returned check . 20. Extraordi~ry garbaga Itirea, furniture, enattroasia, sDpliancaa, etc.) is the renponaibility of the 'leni~tet to 1l8ve re~-+o~ad at Tenant' a expenat. Ruh ~3 2007 2.32PM SIP Lfi~ERJE7 ~RfC p. 11 ~1. Additionl-I Tensrtt respona3bilitie3: 22. 1'hsae rinse and rsgulatioaa ehall constitute condltlana of tdnancy, aad violation thereof aha1L be a ~etault under tTtia ises+r. Zt is farther aaataned that thss~s zttles do not violate Local, 3tata or fedexal I.aw. In the atore~entianed event, the re~ulatian stated herein will beCC,+ne null and void, thu:~ rendering preoedenca to the lax. Date_._. 111[ /ti ~~~~ C..~ Tieaothy Ho49 ~,dv ~D~VI ~`~ =errant ~' ~. Tenant Tae~ant ftu; ~3 2DD7 2s32PM HP LfiSERJE? fRM P• l~' ..h This ridtr is attached to, and farrte a part of the Rental A~re~ilt begiru:inq ~ betreen ?leothy J, )togg, the Las:dlb.r~i, s ~ ~ the ?arrant ta) . 8eginninq , The follovinq pats will be panaitted a s: PET: BttE£D: KEIGEiT: NJ~E: At an additional, rsfuAdable secttrS,ty deposit of $~ An additiar,~rl monthly increas-ed rant aawutit of $.l~8LlaLrill be chat~sd !or the maintenance of the :bone pat, Tenant is responsible for alean~up of all fecal tnatsrial tsam yard, street, sidewalk etc. rctgardlesa of aQether it kaa ezeated by above pit. ?triant is responsible for all damages to property of Lar:dlard or others reauitinq from the malnteranCa of pet. Ttnart agr8ee that doge are to be walked mnd sot chained orr oths.rMiae tsthsred ovteid~e. tenant is to ba physi~tlly present aC arll tlmei while the dog is outside the building. Tenant agrees to pey for peat i.ritestation eer~-icss after tsrRdnation of occupancy. 9sid maeies shall be the respansib3lity of the ?anent and shall b~e dedticGed from Cht security dspasit. ?anent ales agrees apaztmant upon ten tba Tenant grad any by Tenant. If k#~e deposit{~), Tenant lQrtbwith. that any and a21 pet odors remaining ip the ainat ioa o! occupancy sacs t t:e respansiAi I i t y vt and all clew uia pt thsss od4r:- arar to be paid cost of clran~p axcseds th+a security shall surrender the resaaining monies ?eriant further agr~eee that c#rpeta are to bra proZes~sionally steam clsaaed by I,aridlord's reCOn~rendad contractor. Ruh Z3 ZUO7 ~t 33PM NP LfiSERJET FFTK Landlord reserves right to revv~ce tAi3 consent notice to Taaant i! in the opinion of La»dlorti employees the pet has been a r~visazitt to other not been maintained accosdinq to these rv~ss. cansant is re9oked. tenant a~cets to forthwith n~aiatemane• of the pet. gailure to diaoontiriu~ consid~esed a breach of thin Ptental Agreeeet~t. on tfi~e days or Landiord'a residents or has ~~ t13! 91-rQt d iscont i rn~e e ~ti 11 ~be p, l$ 'this d-oCt~-ant When properly executtd will take pracidance over any other parts of this Rental l4graemsnt. All other tezes and candit2ona of thin I~entaa Agrear~nt rr-aaain in full force. Da t t ~L~1 ~~t~~ Landlord Landlord ~~ ?errant Tenant VERIFICATION I, Tim Hogg, owner of Hogg Properties, LLC, verify that the statements made in this Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date: ~ r ~ ~ gy: Tim Hogg CERTIFICATE OF SERVICE AND NOW, this ~ ~'~'day of February, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan Cunningham, Esquire 2320 N. Second Street Harrisburg, PA 17110 ~~~ CERTIFICATE OF SERVICE I do hereby state that on the ~ day of February, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 g la L. Hewi Legal Secretary t_"? +.'~ r'. ~j '1 _... __r ,,,~ ~'~ (T'7 ....... ~~~ ..:.~ ` Ctia -^C HOGG PROPERTIES, LLC, PLAINTIFF V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4319 CIVIL TERM IN RE: MOTION TO REINSTATE SUPERSEDERS ORDER OF COURT AND NOW, this ~,'"1 ~-- day of March, 2008, defendants' Emergency Motion to Reinstate Supersedeas, IS DENIED. The order entered on February 22, 2008, temporarily reinstating the supersedeas, IS VACATED. By / . David J. Lanza, Esquire For Plaintiff / Jordon D. Cunningham, Esquire For Defendants :sal no c~es m~~ ~ ~ 1 3~r7~o$ .~~ i~' G~;v~ Edgar B. Bayley, J. .. ~w 7"~ ~ ~ s ~ t t•~ v ~~~ <~~. ; r._ ~~ ~ ~ ~ o ~ =., `~ NOGG PROPERTIES, LLC, PLAINTIFF V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4319 CIVIL TERM IN RE: MOTION TO REINSTATE SUPERSEDERS OPINION AND ORDER OF COURT Bayley, J., March 17, 2008:-- On January 11, 2007, plaintiff, Hogg Properties, LLC, leased a premises for $755 per month at 19 Gettysburg Pike, Upper Allen Township, Cumberland County, to defendants, Maria Tsirigotis and Eric Nearhoff. On July 12, 2007, plaintiff obtained a judgment against defendants before a Magisterial District Judge for possession of the property and for monetary damages for unpaid rent. On July 23, 2007, pursuant to Pa.R.C.P.M.D.J. 1002 A, defendants filed a timely appeal and deposited unpaid rent to the Prothonotary upon which a supersedeas was issued. Payments of rent have thereafter continued to be deposited by defendants. On February 20, 2008, plaintiff filed a "Praecipe to Terminate supersedeas Pursuant to PA.D.J.R. 1008(8)."' The reason set froth was "the Defendant's failure to make the monthly rental payments from and after February, 2008." The Prothonotary terminated the supersedeas. On February 22, 2008, defendants filed an "Emergency Motion to Reinstate supersedeas." On the same day, they deposited $755 in escrow with the Prothonotary. On February 22, 2008, this court entered an order temporarily ' The proper designation is Pa.R.C.P.M.D.J. No. 1008 B. 07-4319 CIVIL TERM reinstating the supersedeas and scheduled a hearing. On February 26, 2008, plaintiff filed an answer to the motion. A hearing was conducted on March 14, 2008. Pa.R.C.P.M.D.J. No. 1008 B, provides: When an appeal is from a judgment for the possession of real property, receipt by the magisterial district judge of the copy of the notice of appeal shall operate as a supersedeas only if the appellant ] at the time of filing the appeal, deposits with the prothonotary a sum of money (or a bond, with surety approved by the prothonotary) equal to the lesser of three (3) month's rent or the rent actually in arrears on the date of the filing of appeal, based upon the magisterial district judge's order of judgment, and, thereafter, deposits cash or bond with the prothonotary in a sum equal to the monthly rent which becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas, such additional deposits to be made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter. Upon application by the landlord, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of the appeal. In the event the appellant fails to deposit the sums of money, or bond, required by this rule when such deposits are due, the prothonotary, upon praecipe filed by the appellee, shall terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded via first class mail to all parties, but if any party has an attorney of record named in the complaint form or other filings with the court, notice shall be given to the attorney instead of to the party. Notice to a party that does not have an attorney of record is sufficient if mailed to the party's last known address of record. Where the deposit of money or bond is made pursuant to this Rule at the time of filing the appeal, the prothonotary shall make upon the notice of appeal and its copies a notation that it will operate as a supersedeas when received by the magisterial district judge. (Emphasis added.) By February, 2008, when counting continuous thirty day periods from the date the appeal was filed on July 23, 2007, the end of the last thirty day period was on February 18tH. The Prothonotary terminated the supersedeas on February 20tH -2- 07-4319 CIVIL TERM Defendants did not deposit the rent of $755 until February 22"d. Notwithstanding, defendants maintain that the deposit was timely because it was not due until February 23~d, the monthly anniversary date from July 23, 2007.2 Rule 1008 B is not ambiguous. Additional deposits of rent with the Prothonotary to secure the continuation of a supersedeas must be "made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter." Black's Law Dictionary, 7th Edition, defines "successive" to include "following in order; consecutive," while an "anniversary date" is a "recurring date." Plaintiff's interpretation of the rule is correct. The phrase "each successive thirty (30) day period thereafter" requires the counting of consecutive days. It does not create a recurring anniversary date. Defendants did not deposit $755 that was due on February 18, 2008, until February 22, 2008, two days after the Prothonotary, on the praecipe by plaintiff, properly terminated the supersedeas. Therefore, the following order is entered. ORDER OF COURT AND NOW, this ~ i2~ day of March, 2008, defendants' Emergency Motion 2 Defendants also maintain that plaintiffs praecipe to terminate the supersedeas must be stricken because it violates Cumberland County Rule of Procedure 357(3). This local rule provides that where a judgment is entered by a district justice for possession of residential property, and an appeal is filed and a supersedeas issued pursuant to Pa.R.C.P.J.P. 1008 B, "if the appellant subsequently fails to pay rent into the Court when due, the appellee may have the supersedeas terminated on application to the Court." This Rule was effective on October 15, 1978, and has not been vacated. It is now in conflict with Pa.R.C.P.M.D.J. 1008 B. This local rule is unenforceable because it is inconsistent with a general rule of the Supreme Court. Pa.R.C.P. 239(b)(1). -3- 07-4319 CIVIL TERM to Reinstate Supersedeas, IS DENIED. The order entered on February 22, 2008, temporarily reinstating the supersedeas, IS VACATED. / David J. Lanza, Esquire For Plaintiff /Jordon D. Cunningham, Esquire For Defendants :sal ~'~ m~~ 3~I~~oB .~~ -4- David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 / 1-800-990-9108 David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las p~ginas siguientes, debe tomar accibn dentro de viente (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia esrita en persona or por abogado y presenter en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decider en su contra sin mas aviso o notificacion por cualquier dine ro reclamado en la demanda or por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTE DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 / 1-800-990-9108 David J. Lanza Attorney I . D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants SECOND AMENDED COMPLAINT 1. The Plaintiff, Hogg Properties, LLC, is a Pennsylvania LLC with an address at P.O. Box 624, New Cumberland, PA 17070. 2. The Defendants, Eric Nearhoof and Maria Tsirigotis, are adult individuals residing at 19 Gettysburg Pike, #4, Mechanicsburg, Pennsylvania 17055. 3. On or about January 11, 2007, Plaintiff and Defendants entered into a Rental Agreement by which Defendant agreed to rent the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, a true and correct copy of which is attached hereto as Exhibit "A." The aforesaid Lease constitutes Defendant's sole basis for possession of the aforesaid real estate. 4. Defendants are required by the Agreement to pay rent in the amount of $735.00 per month to the Plaintiff plus an additional $20.00 per month pursuant to the pet addendum ("Rider B") for a total of $755.00 per month. 5. Said Lease has not been assigned by Plaintiff. 6. Defendants are in breach of their obligations under the Agreement in that they have failed to pay rent in a timely fashion from the inception of the Rental Agreement. 7. Defendants have failed to pay rent for the months of April 2007, June 2007 and August 2007. 8. Defendants have provided a bad check to Plaintiff in the amount of $755.00 during the term of the Rental Agreement, thus resulting in NSF charges in the amount of $25.00. 9. Defendants have failed to provide to Plaintiff proof of insurance as required in the Rental Agreement. 10. Defendants are required to pay Plaintiff's attorney fees pursuant to the Rental Agreement. 11. Plaintiff is expected to incur attorney fees in the amount of $2,000.00 for the purpose of evicting Defendants and collecting all amounts due. 12. Pursuant to the aforesaid Rental Agreement, Defendants are required to pay the remaining balance through the end of the lease term as a result of their defaults. 13. Plaintiff has been forced to incur filing fees at the District Justice office in the amount of $254.00. 14. Defendants have incurred late fees in the amount of $500.00 pursuant to the aforesaid Rental Agreement, and have paid only $130.00 of the aforesaid fees. 15. The aforesaid Lease has expired by its own terms, regardless of the existence of any breaches. 16. Defendants have no claim to title to the premises. 17. There are no "adverse titles of the parties" as set forth in Rule 1054. 18. There is no "common source of the adverse titles of the parties" as set forth in Rule 1054. 19. Defendants' only claim to possession of the unit results from the expired Rental Agreement. 20. There is justly due and owing to the Plaintiff from the Defendants on account of the aforesaid breaches the sum of Eight Thousand Six Hundred Eighty-Nine and 00/100 Dollars ($8,689.00.), calculated as follows: Unpaid rent $6,040.00 Late fees 370.00 NSF fees 25.00 Attorney fees 2,000.00 District Justice filing fees 254.00 TOTAL $8, 689.00 21. Plaintiff is entitled to judgment against Defendants in the amount of $8,689.00. 22. Plaintiff is entitled to immediate possession of the leased premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055. Wherefore, Plaintiff demands judgment against Defendants, Maria Tsirigotis and Eric Nearhoof for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Upper Allen Township, Pennsylvania, 17055 and for damages in the amount of $ 8,689.00, plus costs, interest, additional rent and additional attorney fees through the time of trial. Respectfully submitted, CALDWELL & KEARNS 3(i7~~~ Dated: By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 14-031/130320 ~x ~~ b - ~ ABC ~~ 2807 2~28Pt1 HP LRSERJET FRK ~,~ .~~-~- Ysi$ 28 l1 ~L bOG?. Hy signing, the Tenant agrasa that Tenant has read this 1®ase and has had the opportunity to ask questions ebout the lea3e. The Tenant and I.endlor~f ac~r~e that THIS IS A L£.A56. nogg Propartiei, LLC is the Landlord. a3arii~ Tsirigotia and Eric Nearhoof are the Tenants. This leaaa Sa for 19 GettysbJrg Pike E~, Mechanicsburg, PA 17055 This lease begins an 1/11!2007. This .lease ends o» 1l91~200~. Tenant swat Notify Landlord in .rritinq Sixty days bofore the and of this leaaa that Ta»ant is ~aviny ovt. If Tenant does not notify Landlord thot hals:~=e is rnovir~q out, or landlord door rot cxtond a contract renexai, the lease will automatically bec~oste a month-tv-month leave at month-to-taonth rata. In order to Qnd the lease dozing the month-to-isonth period9, the Tenant azvst notify Landlord in -~ritin9 at least 64 daye before Tenant intends to move out. A full month's rent shall be due for arty partial month in which Tenant occupies t?ta spas Crntfit . Rent is payable in c~onthiy inatal.lznectta of X735 , d0 RQnt is due in advance on ar before the .TtltBT day a! each ~eonth of this Lease, Rent is to be asaileci to the folioxing addraan: Eiogg F'roparti$s LLC PO Hox 624 t~ew ~u-abarland, PA 27470 Rent checks tir Money Orden are tie be t~iade out to "Hogg Properties". ~~Mz The '~pnar~t hsa deposited #'~~i. dD as a SECUa27Y DEP032?. This aecurlty deposit fs hcld by the Landlord in full thcavghout the term of the lease regaxdlesa to the s~au»t of the deposit and applied to .any damages to the bpartssant caused by Tenant, hielhar family, guests or pats. Tha Security deposit can alsa be used !or any daaiagaa from brewkinq the tease, Tenant'8 unp4id bills, or not payfnq part or tAa rant duo. ~-t ito tiaa dnri~ tbs may ~ri.ll a~ t of #tia dip~it bs s'rlh~ad~i. deourl.~Y d~asit a~11 ~, ~ vilbia tl~ix~ d:~r at ~. -sad of t~ rroe<t2~ is ~.iat~ t~ la~~ t,--~ta+~ . Rv~ Z8 200 2:29f'M HP Li~SERJET FR?{ tenant ~ I~OT USE SECURITY DEPOSIT AS RENT asm ~aorr ~tY- v~-m ~ rr~7r Zaa-~t gar Incrsaatd rant begins th.e FIRST DAY of the month. A ton dollsr rent charge begins on the first day, and tine dollax^s for vet dDY after the first day of the aonth. Thane chargee cove; incraaaed admini:trativt coats and damages. :it9C!! O~ f~OY: The Tenant has examined the apartraant and the apartment is in satiatactory condltfon. The apartment is iaased in A3-IS conclitior~. In the event that rspaintinp, repair or other work to be performed in the apartme»t has r~dt begin conpietad, by the time the tsr~ant is to move in, this laaae sill remain in full force and Lvc~ant shell still be responsible for a 11 rents . Tenant agrees that no aclregmant i s made to redeaoxate, rap~air or improve the apartma»t u»lese specifically written hors: If tanant, for vhatevtr reason, fails Co Stake poaaeasion of the apartment, tenant fa still reaponaibla for ell rents and obligations until Landlord can reasonably Sind a rapltacement tanant for the apartane~t. ~iiitLL ~.71IR~i D~CIIltf i'!q-~iZ: Tenant ix reapons3b2e for Small rapaira such as stuck windows, loose sc.reya, baCkad up toilst3lbathtube/sinks. Tenant i$ also responsible Tar light bulb$ at'-d fuses as they becoioe necessary. Landlord shall decide shat repair is con9idered "arnall." UIWIBCtD ]CL~AiR - It is the Tarrant' 8 Yesponsibllity to re~rt any condition that could be dangerous or wasteful i~aediataly to Lsndlord. In the e~ant Tarrant has not hotifiad Landlord of a naedad repair or condition, pray liability aad/or iinancia2 reapart:SiDility shall he asaur~ed by Tenant. ~.4 :a: tans»t egraea to keep apartment olbar~, avoid a garbagC buildup and plmca garbage in outside t~ptaclea. Tenant agz`a:ea that any past infestation as a resaalt of Ais/her apartment's not being kept cle~ari izs breaking the 3eaae. Any pest contra3 sarvicoe will be charged to the Tenant. o47C? ~ ~: ~'he apartment is #or uaa as a residence by the maned Tensnta whC have signed thin lease and t2ieix children. Tenant x,tll riot use thi~i apaitCmant far .any typo of truaineas. Tenant x311 not use the apartment for dl.sozderly or unla•rful fiu~ 23 X007 2:29PM HP LASERJ'~T FHk purposes, or in any manner offensive to others. Tenant will obey all Federal, State, County and Loan 1 laze. ?Ii~oe~ sad SCt ~ Tenant 9ha11 t-at attempt Lo zets~vE fixed s~cratns. Tenant shall ba csrofv3 Whec- Ivwering and raring storm windows and screega ao as not to damage thew. Tha repair and ca~-it~tenance of all windows and screens >e the ro3ponaibility of tenant. A~iaa~it: Rny appliances orhiCh are in the apartment are there at the convenience oL the Landlord. Landlord agrtes to rea~QVe appliances if the Tenant asks for roaaovai. The repair and maintenance o! all appliances is Che responsibility of the Tenant. !: "Iiidez A" contains a list of rule3 that the Ttn~nt shall follox, 3f Tenant Bzaaks any of the8e rules, helshe is breaking Cra lease. ~2L3lIla - landlord is responsible for Paying the following: garbage and sower. Tenant i$ reeporisible for paying the tollouirg; Electric, c~+ble, telephot-t, ga.s, plus any other service acquired vhsthor by law or otherwise, not mentionod as a Lancilozd responsibility. If tenant in the sole diagres3lon of the Zandlord overuses ar uses xa3tefully a utility that is paid by landlord, the excess cost shalt be aasctmed by tenant. Twat ~: L.andlbi-d will not allow any deductions iLO~ the rent or ahar~gaa to any +dccount of tt~e Landlord for any parposQ sy the Tenant. ~: Ho ch.angae will be .made, and no painting or ze~iecorating is done to take apartment withxrut written peraission from Landlord. Tenant will not drive nails or screws into the Drell a or the xocxhrork. .- -_ I~DtI]Q alt No kerosine heeteza are allrn+ed in the apartauestt . ~~ C~1~i~.ii ]tilt : TCnartt underatat~ that candles, incense and indoor aiawklt~g cau~8 soot to build up on walls and surfaces. In the ovent thet landlord or landlord's employees ~3etermine that c~dles, incense or s~k#nq proriucta ha~vfe been 1~rT~ed in t2~e agartrnent at#d CdUaetl ctaraaga to the paint ar other itw~v-s in tl~e apartment, tts! cast of any.. and all lisint i.ng, claaninc~, repairs etc. shall b+~ paid by tenant. ~.~ t~1 C~ Ea only the Tenant$ r-airteci in this iea$e may use Au= ~3 Z007 2:~UPh MP !R$~i2JET FRX P•6 tits leased apartment . fienant may not give the npartrnent to anyone else to use. Tenant nruet reque3t a rs~ lease if different people are iri the apa~rtmeut than those nam$d on the lease. 1f Teaa»t is transferred during raid tenancy, Zandlord ++i12 reasonably look fora nes~ Tenant for the apartment in order to relieve tenant of lease re~pansibiliCy. Landlord reserves the right L:4 charge tenant for dine agent a~uiring new tenant S2{?0.4C- Llat fee and cost of advertising. V~'t!!: Pats are not alloa+ad in the apartment without the written permission of the I.andloxd. I~~C~It~e I~ndlord dr h±s e~nployeea may enter the apartment at any time for the following reaaor~a: 1. To inspect the apartment ~. Ta make necet+sarY rep;ire 3. To protect the apartment from daanage 4. To stto~ the apartment to liroapactive Tenants or buyers MDR O~Tl: Tenant ~riil leave the apartrtzent and all prc:party of the Landlord in good clean and operating condition, eXCept fvr ordinary near and tear. Tenant mill claSan tht mpartesant, inclu~d.ing any agpllances, cabinets, baseb~rdii, bathrooa~a, and remove a12 trash (roan the apartment. Tenant to steam clean earpeta using Profa~aioaa2 Stearn Cleaning Service before wave-avi deta and a receipt is to be turned is with the keys, S f ciean];nq and trasrh rcxwoval is not ddno by Tesnaut, the Landlord will clean the apartiment and remove trash at the expense of the 7ena:nt. R service fee of S2S.00 per contractor shall be applied to the security dipc7ait if tenant does not steam glean or properly clean the apartment. Tenant xill brine a12 keys to the Landlord vfthin 24 hours of anovinq iroan the ap$rtn~ent. LZ~fLIn O~ Za~ctlord - Tenant agrees that Landlord shall not ba liab3a for property damage or pets-oval injury accurrinq in or around the ap;ertaraht unlcia the damages or injury results directly from the Landlord's gross neglfgenre. z~ 3: It the rent is not paid rahen tiua, andJor the Tenant does net perforaa in a manner eansistent with this lease, ha/she shall have broken thw Teasa_ The entire rent due for the rest of the lsa a ie dw grid payable in+aaedistsiy, Any Court fees, attc~rnay' a Ease, ~llectian fses, fc~eS fflr payit~q rat after the first of the month, pl.ua a~ amount ccldxa~l to t+~a rxsn<th• s rant for das,age$ and acttnin3st~rat~.ve oasts shall also be due. sir!=CS To ~[7IT. Tenant urxierstanda that he/sfie is giving up the Auk ~~ 2007 2 s 30PFt HP lf~S~~tJFT FAX ..- zight to any ten day, fifteen day, thirty days or ninety day notira to quit .ies-ae. IE Temsnt BRP,~1H3 THIS I,EAS~, LvICTiOF1 PAPERS GAN 8E I~A~ED1At'£LY FILED ZN CCURT. , TTY Si!? T71 T~ ]-~+f1.{RTl~fie! ~ Wit: Zf the Tenant raovsa aut of the apartrmant and le~aivt>~r balonginga in the apartneent, the ownarsrii,y of these belangings a3~a11 be given to Landlord. Lendiord enay da r+hatavar h+s Rri,shes with Chest items. 1t~ZZl1s L7l'I't ~!; If Landlord aiivws tenant to pay rent late or break any rule at spy ti~.ia~ for any xeasQn, this does not give Tenant pe~-isaion to pay lets again ac break the rules again, 10?ZCi: This agreem+e~t is the l+toti.~e to Tenant of all rents due a.nd obligattona of tht Tenant, Ten.aRt AGRERS TH1tT IQO a1[3DITI0[11iL NOTICE O F REtrl' Dtf$ I S I~EC£$ SARY . fi~D~i~: No Storage rights era given under this lease. The Tanant'agrsee tht~t rtefthor the 3~andlotd oz his m~ployees has any respanaibility for logs of any kind to rRe Tenant's property. ~: fienant aQreea that Landlord i^Zqulres that Tenant buy R~I'GR'S I~iSURANCE to ~trer daonagas to his/her peraorYal. property ana cover liab.i2ity far athcr peapl4'a property and casualty. bandlord shall be nerved as "additfonal insured", and insurance agent shall psror~ide proof of insurance to land3orci fos ell rsne,rala. Tenant undsirstands that in the event that tenant allows insurance to >bxpire of otherwise lapse, Landlord shall have.ths right to purchase renters insurance policy at tenants expena~a. Landlord. further rosarva$ th4 rfQht to charge a fas for this service in the a:aount o ~20{).OQ over and shave the coat of insurance, '~a~at' a Zvi ti.als ; 8.s SsClI~![~: The >3ecticsna bf this lease are aeparatt. If a court fintla that nny part cif this Ie»se is illegal for any reason, that finding will not affe+,t the reenainix-g pdrta of tht base . L Tenant ackno~+ledgas that ttelshe has bean give~t a copy of the VS EPR booklet "~roLaet Your Pa~ily Prom Lead in 7c~ur }f'f and giYan tiu~e to rsaid the inicarnl~ttiort it c~xttaina. Landlord hea r~o lrno~rledge Qt liasd paint in tba apaiCtnt although Lead pain[ was coe+raartly v:s+scl bafaze 19'79.. ]any crs~k.it1Q or pealing paint must b8 ropo tci i~~a~dlord i~aadiate],y. ~ i~r°~t'71;L ~76Q~Z~2CMd) : 9peoial pxoviaians in the atteched Rfders sire part of ihla le~+as. ~.'7 Avg 23 X007 2:3iPh K~ LliS~RJ~Z Fft~# - - -~= ~.~ ~t ~: ~'nis ldaee oontelrsa C3~6 ENTi~~ AGR~£MENT between the l,andlo-^d and the ~'enant, Neither tt-e Landlord nor the Tenant hae agreed to do anything that fa nat written in tats lama. Z7ts b3 I~sadlesrd: Yt Landlore is to make repairs to the apartment taz de?aagea thdt are net .caused by nozaul wear ant! teat he will be paid $5lf.00 per hour plus the cost: of 3aateriala to Landlord. l~tC: Tenant :shall abide »y n1Z park.inq sigma !,round apartment b+uilsiinge. Tarrant shall be responsible for ~`eld~iial of snow and ice fr~an- beLwean vehicles and tenant ahail ~ilso be rsispox~aiblc iaz kttpirtq the area around the vehicle (a) ola~ar of drbris and nhali not allox oil yr other fluids to be spilled onto the parking lest . 3pecial_Parkinq~I:natructior:a r 2 unasai.4~ed parking dpacta itt parking lot, Guest a~Lraat o~iY. ~~ is ~ LiGL DACU~Mr: 8y signing, the ~'enant agrees that the Tenant has read this lease, has gone through the lease with the Landioxd and has had the op rtunfty to eak gvaationa about this I ease . ~' Landlord p~~g t'L J~ TIMD'1`HY NOGG - - Tonant(S) - DJATE~~I _. D~A~'E vl ~ 1 a~ 7 Auk 23 2007 2:3~PM fiP i.A~~itJf`i FRS P.9 ~l~ir ~ Thfs rid,ar i3 attached to and #ona9 a part of the 1ea~ begiru~ing 1I1II2007 between Rogq Fropartiae, the Landlord, and Maria Tafr +got~axi~d Srie t~earhoof, the Tenant {s) i. PaymeT1xa of rent and athex r~argea payable by Tifiitut anall be payable to Landlord and ciut on the 1st day of the month. If reC~ived suer the laC day of the timonth, .ncluda a 310.00 initial penalty plan 85.06 for each additional day Chia reflects, 1a: Rent pt-y~nts are to be made to Ti.ia Hagy, PO Sox 624, l~sv Clmsberland, Pj- 17070-06.24. please make checks payable to "~'ia Hogg' only. 2. Tenant agrees that the pramiees are leased for use by Tenants faatily eanaistiny of 2 parsons which consists of 2 atlulta and 0 c?iil-dstn. 3, Tenants era reminded that they should carry adcquato renter's insurance to cover any lossos or damage tfiat Yaay be au,tsinad during occupancy of tYte abov8 apart~sent. A. No igotcrcyclea, anotor bikes, truck caps, or anew mobilQ9 shall be permitted on the premises. 5. ~o hoistor3ua partisa or unrZecaasary r~ai~e pe:mitt6t3. ~. No antennas alioked on the prea~iaes. Only the Cables TV ovtleCS prpvided shall he used. 7= Nothing that sticks to walla br eeilinga ~aay ~ ueed includlnq but net limited to ~icotcti tape,wallex, borders, stoacila, tacky har~3nq wall productar . 8. Pictures ah~ll be hung blr using sta~xtdard picture hangers. vndsr no cii~cumatances ehall scotch taps be used to Lawton anything. ----- - - - fiu` 23 20(}7 2: 32!'ti !#P LfiSEt3ET ~f~X ~°' ~~ r- - ;.;.. 9. Tenant shall not park .boat, tYailer, oir di.aabled tehicl~e3 o:~ property. 10, Tenant aha11 have tWO keys taaoed. Looks shall ~-ot be changed or altered and keys shall not be duplicated. 11. Tene»t Shall not ~3ce .any c+lterationa, additions, or icnproveme»ta xi#hout prior aritten consent of the I.ant3lord. 12. Tenant shall b~t reapanaible for ssnaYl repaire ~looae acrava, stuck window, backed up toilets etc.). 1~. Upvz vacancy of aparta~snt, the applia~Gen and cabinets must be cleaned thoroughly before Tcn~ant vac~ttea said prenaiaes. 24. Upon vacancy of apartment, carpet n-uat be sleets clcane~d at~d a receipt nest be turned in xith tht keys. 15. Tznanta are reapanaible for rnai:~taininq ~c~ce detf+ctor Kith charged battery at all times where bppliCablel. ?e»anta ars also responsible fur reporting ~y non xorkint~ smoke d~etectar inQaadistely to Landlord. 26. It is understood and agreed that the eecurltY peynNnt in tht amount of T3i.40 doilara pronidad for under the lease for thin premises s esti paid. tinder no circumnstancee rrtay then Tenant apply the aecurfty dbpoetit td their ia~st months rant. lea. The security dsp4elL xl~.l aocrue interest at a rate of 1.35- yebriy, aeerved yearly, beginning after the first full yeax of tenancy Ass been coaapleted. 17. in the avant ?anent has not notified Landlord of a needed ropair or condition, any liebilfty and/or financial responsibility shall be assumed by Ter~e~tt. 16. In the event that I.aadlord is to make rep~aira to apattment that ~.:rde: the terms and cot-ditfdtu: cif this 18a$e are net r$lated to normal xear and tear, t.andlorc~ 3.a 'td bi o+ve-periirltt+bd for tint spent it the anEOUat of ~50.OQ per hour, attd materials at their coat to I..endlazd. 29. Tenant will be cRargad ;23.{0 foY at~y returned chock. Late fees will be applied to the data of rest3totiaxs for aafd retura~d Check. 20. Bxtraardit~;exy garbage !tires, furniture, mattresses, sppliancds, etc.) ix the rteponsibility of the ?ei~enti tc~ Rave r~4vad at Tenant's expense. fflu~ ~3 2dd7 2:32Pti HF' Lii~ERJ~T FRI{ 21. Ac3dltiotial Ten~Rt responsibilities: 22. Thaae ru~ea and r®qulatl~oA3 a3~a13 conetit~zte ~ortd~tion~ o! tenancy. aar! violation thereof sh~-ll Da a ~fa~it under tRia laaea. It le further ass~aed that theme ZuIe3 do ngt violate I.ocel, State or Federal I.aw. 1n the eforeeeenticmad avant, the raqulAtior stated herein will bect null er~d void, thc~a rendering precedence tv the lax. a.ta ~l~t 1a Timothy Hogq li~i -try Zenartt ---- 3`enant ~'enant ~.~t flu{ 23 tDD7 2:32Phi HP LF15ER.)ET FRM t Thi9 rider is attached to, and forma a part of the Rental Agrerc~nt heginrtinq _ between Timothy J. Hogg, the Landltirri, a d ~ the ?enantta). 8egirning , Tha folldving pets vi11 ba permittad a ~r fa: PE'T: 83tE£D: HEIGHT: NJ~tE: r At an additional, refundable security d®poait of $ An addition~rl a2anthly increttaed rant am~otuit of $ rill be chat-gad !ar the maintenance of tha above pat. Tenant is respon$ible for clean-up of all ftcal tnst$rial izo~- yard, atraet, aidexalk etc. ragardlesa of ait-ether it was created by above pet. Ttriar,t ib reapaneible for all damages to property of Lazl~ilord or others rsaultinq from the maintenance Of pat. Tenant agrees that dogs are to be ~aiked and not chained or otherwise tetharsd outside. ~`e.nant is to be physically present at all tima3 while the ttag is outside tre building. Tenant agraea to pay for pant infestation aexvicea after termination of occupancy, Said euinisa shad bo tho raspt~nsib3lity of tha Tenant and .shall be dadscted f toss tha DeCUrfty deposit, 3'anant alga agraea apaxtmant upon tsn the 3'cnaAt arad ar~y Dy Tenant. ff t~xe deposit{a), ~'er~nt t4zthwith. that any and all pst oddra remaining in the airtatian of occu~ncy ara the reapansibility of and all clsan vp o! theca odozs arc to be paid cost of clr~anatp exce~da the aacurity shall snrrer~dtr the r~naii-fng manias p.12 T~iltant further agr~eea that carpets are to b+a profQ3aionally sCEa~ cleaned by Landiord'a rttom~endad oantractor. Auk 23 Z~Q7 2s33PH HP L~3ERJ~T FfiX Landlord reserves right to revoke th3.s consent notice to T.aant if in the opinion o! Landlord emp3oy$ea the pet ha$ bran a nuisance to other not been mair~ta-#.zied accordirrq to C-has+~ rules. canaent is revoked, tenant ~-grses to torthuith iaaintananca of the pat. Failurs to discontirio~ considered a breach of this Rental Agree~aai7t. . ~- Thi3 document vdSen properly executed will take precfdance over dny other parts of thi3 RenLa1 Agreen-ent. All other ternt3 and canditionz of thin Rontal Agresmant remain f.n lull force. Date~~ t ~ t~~ on three mays or Landlord's reaideclCa oz has In t)z~ went discontinue b it111 ba Landlord Landlord ~~~" ~- tenant Tenant p. 13 VERIFICATION I, Tim Hogg, owner of Hogg Properties, LLC, verify that the statements made in this Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 3 ~ ~ I ~~` By: Tim Hogg CERTIFICATE OF SERVICE AND NOW, this ~ ~ ~ day of March, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan Cunningham, Esquire 2320 N. Second Street Harrisburg, PA 17110 N ~ d ~ ~ _.. lL7 _ ~' s ~;J .yCJ r ~ t ,'> _? +"~l .,y V1 .-{ JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: JCUNNINGHAM,~a CCLAWPC.COM ATTORNEYS FOR DEFENDANT HOGG PROPERTIES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants N0.2007-4319 Civil Term IN EJECTMENT MOTION/APPLICATION FOR STAY PENDING APPEAL AND NOW, comes the Defendants, Maria Tsirigotis and Eric Neazhoff, by and through their counsel, Cunningham & Chernicoff, P.C., who files this Motion/Application for Stay Pending Appeal and, in support thereof, avers the follows: 1. Plaintiff, Hogg Properties, LLC (hereinafter referred to as "Plaintiffl'), is a Pennsylvania corporation who has a principal mailing address at P.O. Box 624, New Cumberland, PA 17070. 2. Defendants, Maria Tsirigotis and Eric Nearhoof (hereinafter collectively referred to as "Defendants"), aze husband and wife and are adult individual who reside at 19 Gettysburg Pike, Apartment 4, Mechanicsburg, PA 17055. 1 3. A judge has not been assigned to this case, however, Presiding Judge Bayley has previously ruled on another issue in this matter. 4. On or about January 11, 2007, Plaintiff and Defendants entered into a rental agreement by which the Defendants agreed to rent the premises located at 19 Gettysburg Pike, Apartment 4, Mechanicsburg, Upper Allen Township, Pennsylvania for the monthly rent of $755.00. 5. Plaintiff alleged that Defendants failed to pay rent for the months of Apri12007, June 2007, and August 2007. (Paragraph 7 of the Complaint.) 6. Plaintiff also alleges that Defendant Maria Tsirigotis tendered a bad check to Plaintiff in the amount of $755.00 during the term of the rental agreement, thus resulting in Non- sufficient Fund charge of $25.00. (Paragraph 8 of the Complaint.) 7. This matter arose from a judgment for possession and monetary damages entered by Magisterial District Judge Mark Martin on July 12, 2007 for the period covering Apri12007, June 2007 and July 2007 rent. On July 23, 2007, a Notice of Appeal was filed in this matter together with a deposit of three (3) months rent, a supersedeas was issued. 9. At the time the Notice of Appeal was filed, a Supersedeas was issued pursuant to Pa. R.C.P.M.D.J. No. 1008(B) as the Defendants escrowed with the Prothonotary the sum of $2,265.00, a sum equal to three (3) months of rent. 2 10. Pa. R.C.P.M.D.J. No. 1008(B) provides in part: ...an appellant must pay monthly rent to the Prothonotary in the amount found by the Magisterial District Judge which becomes due during the period of time the proceedings upon appeal are pending such rental payments to be made within thirty (30~ dam following the date of appeal and each successive thirtv~301 day period thereafter... (Emphasis provided.) 1 1. Defendants, from July 23, 2007 through February 22, 2008, made monthly escrow payments when due, that is before the end of each successive thirty (30) day period thereafter, to the Prothonotary of Cumberland County. 12. On February 20, 2008, at 11:51 a.m., without having given prior notice to Defendant's counsel, Plaintiff s counsel, David J. Lanza, filed a "Praecipe to Terminate Supersedeas Pursuant to PA.D.J.R. 1008(B)" (sic) due to the Defendants failure to escrow rent in accordance with Pa. R.C.P.M.D.J. No. 1008(B). 13. Plaintiff s agent, Timothy Hogg, presented a copy of the Praecipe to Magisterial District Judge Martin's staff at approximately 12:30 p.m. on February 20, 2008 demanding the office issue an Order of Possession. 14. Pursuant to Pa. R.C.P.M.D.J. No. 1008(B), Petitioners would have had until February 22, 2008 to deposit February's rent with the Prothonotary, the date on which is the thirtieth (30~`) day to the successive thirty (30) day period after the filing of the Notice of Appeal. 15. On February 22, 2008, Defendants deposited $755.00 with the Prothonotary. 16. Defendants' payment of the February 2008 rent escrow payment to the Prothonotary has been made when due. 17. Defendant's counsel contacted Plaintiff s counsel to ask why he had filed the Praecipe and he announced the filing of the Praecipe was correct on the basis that since five (5) months have thirty-one (31) days had passed since the filing of the Notice of Appeal on July 23, 2007 that the date on which the monthly rent escrow payment was due had been reduced by the thirtieth (30~') day from the 23`d of each month to the eighteenth (18~') day of the month. 18. Defendants are committed to paying the rent to the Prothonotary in accordance with the rent escrow provisions of the Rules of Civil Procedure as they have in the past. 19. On February 22, 2008, the Honorable Edgar Bayley issued an Order on Defendant's Motion temporarily reinstating the Supersedeas. 20. On March 17, 2008, after a hearing and argument on Defendant's Motion to Reinstate the Supersedeas, Judge Bayley issued an Order vacating the reinstated Supersedeas. 21. On March 17, 2008, Plaintiff requested and had issued an Order of Possession from the Magisterial District Judge with execution of the Order of Possession now scheduled for April 1, 2008. 22. On March 25, 2008, Defendants filed a Notice of Appeal to the Superior Court. 23. Defendants, in compliance with Pa. R.A.P. No. 1732(a) are seeking a stay of this Court's Order of March 17, 2008 pending appeal. 24. Defendants are of the opinion that the issuance of a stay of this Court's Order of March 17, 2008 pending appeal with a provision providing for the escrowing of rent by a date certain each successive month is appropriate as an interpretation of Pa. R.C.P.M.D.J. No. 1008B has apparently never been reviewed by the appellate courts and involves a substantial issue of procedural law. 4 25. The Defendants will suffer immediate and irreparable harm is a stay is not granted, if a stay is not granted the status quo will not be preserved, there is a substantial likelihood that Defendants will ultimately be successful in the merits of their claim and Plaintiff will not suffer any appreciable injury if the request for stay is issued because the status quo among the parties will be restored prior to the issuance of the Court's Order. WHEREFORE, your Defendants respectfully request this Honorable Court to issue an Order staying its Order of March 17, 2008 and reinstating the supersedeas issued pending appeal and issue an Order directing the Honorable Mark Martin to mark the Order of Possession as revoked directing the Constable not to execute upon the Order of Possession until further Order of this Court. CHERNICOFF, P.C. Dated: March 25, 2008 By: ~'6rdaii ~' Cunningham, Esquire PA I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants F: IHomeIAHEWITTIDOCSIM-NWEARKOFFILANDLORD-TENANT MATTERICCP PLEADINGSIMOTIONFQR STAY PENDING APPEAL 32508.wpd 5 CERTIFICATE OF SERVICE I do hereby state that on the~~~J day of March, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Legal Secretary r--, ~' -: ~ wn !~~~ ', jw~ ,..~. r. (e 3 .. ~~ G' ~,_ C n~ ..~; , ~` ~, ~~ ^.,,,' .. ~s~ r ~ ~ ~ HOGG PROPERTIES, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2007-4319 Civil Term MARIA TSIRIGOTIS and IN EJECTMENT ERIC NEARHOFF, Defendants NOTICE OF APPEAL Notice is hereby given that Maria Tsirigotis and Eric Nearhoff, Defendants above named, FF, P.C. hereby appeal to the Superior Court of Pennsylvania from the Orders entered in this matter on thel7th day of March, 2008. This Order has been entered in the docket as evidenced by the attached copy of the docket. I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorney for Defendants Respectfully submitted, C & CHERNICO J d .Cunningham, Esquire Dated: March o~S, 2008 F:\Home\AHEWITT\DOCS\M-N\NEARHOFF\LANDLORD-TENANT MATTER\superior appeal 32508.wpd n ., NOGG PROPERTIES, LLC, PLAINTIFF V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4319 CIVIL TERM IN RE: MOTION TO REINSTATE SUPERSEDERS ORDER OF COURT AND NOW, this ~,'"1 ~-- day of March, 2008, defendants' Emergency Motion to Reinstate Supersedeas, IS DENIED. The order entered on February 22, 2008, temporarily reinstating the supersedeas, IS VACATED. By the ~ourt~ ~~~ Edgar B. Bayley, J. David J. Lanza, Esquire For Plaintiff Jordon D. Cunningham, Esquire For Defendants :sal ~~U~ ~ap~ F~it~~~ ~~ ~~~-~~ In ~`~t~'r~a~+ ~~~~+-~eat, I here ~~r~~~ ~~~~ rb;~ nape .~d ~'! ~I~ mid tart ~t ~~ifsla, Fa t+ a ~ NOGG PROPERTIES, LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARIA TSIRIGOTIS AND ERIC NEARHOFF, DEFENDANTS 07-4319 CIVIL TERM IN RE: MOTION TO REINSTATE SUPERSEDERS OPINION AND ORDER OF COURT Bayley, J., March 17, 2008:-- On January 11, 2007, plaintiff, Hogg Properties, LLC, leased a premises for $755 per month at 19 Gettysburg Pike, Upper Allen Township, Cumberland County, to defendants, Maria Tsirigotis and Eric Nearhoff. On July 12, 2007, plaintiff obtained a judgment against defendants before a Magisterial District Judge for possession of the property and for monetary damages for unpaid rent. On July 23, 2007, pursuant to Pa.R.C.P.M.D.J. 1002 A, defendants filed a timely appeal and deposited wnpaid rent to the Prothonotary upon which a supersedeas was issued. Payments of rent have thereafter continued to be deposited by defendants. On February 20, 2008, plaintiff filed a "Praecipe to Terminate supersedeas Pursuant to PA.D.J.R. 1008(8)."' The reason set froth was "the Defendant's failure to make the monthly rental payments from and after February, 2008." The Prothonotary terminated the supersedeas. On February 22, 2008, defendants filed an "Emergency Motion to Reinstate supersedeas." On the same day, they deposited $755 in escrow with the Prothonotary. On February 22, 2008, this court entered an order temporarily ' The proper designation is Pa.R.C.P.M.D.J. No. 1008 B. 07-4319 CIVIL TERM reinstating the supersedeas and scheduled a hearing. On February 26, 2008, plaintiff filed an answer to the motion. A hearing was conducted on March 14, 2008. Pa.R.C.P.M.D.J. No. 1008 B, provides: When an appeal is from a judgment for the possession of real property, receipt by the magisterial district judge of the copy of the notice of appeal shall operate as a supersedeas only if the appellant ] at the time of filing the appeal, deposits with the prothonotary a sum of money (or a bond, with surety approved by the prothonotary) equal to the lesser of three (3) month's rent or the rent actually in arrears on the diate of the filing of appeal, based upon the magisterial district judge's order of judgment, and, thereafter, deposits cash or bond with the prothonotary in a sum equal to the monthly rent which becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas, such additional deposits to be made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter. Upon application by the landlord, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of'the appeal. In the event the appellant fails to deposit the sums of money, or bond, required by this rule when such deposits are due, the prothonotary, upon praecipe filed by the appellee, shall terminate the supersedeas. Notice of the termination of the supersedeas shall be forwarded via first class mail to all parties, but if any party has an attorney of record named in the complaint form or other filings with this court, notice shall be given to the attorney instead of to the party. Notice to a party that does not have an attorney of record is sufficient if mailed to the party's last known address of record. Where the deposit of money or bond is made pursuarht to this Rule at the time of filing the appeal, the prothonotary shall make upon the notice of appeal and its copies a notation that it will operate as a supersedeas when received by the magisterial district judge. (Emphasis added.) By February, 2008, when counting continuous thirty day periods from the date the appeal was filed on July 23, 2007, the end of the last thirty day period was on February 18th. The Prothonotary terminated the supersedeas on February 20tH -2- 07-4319 CIVIL TERM Defendants did not deposit the rent of $755 until February 22"d. Notwithstanding, defendants maintain that the deposit was timely because it was not due until February 23'x, the monthly anniversary date from July 23, 2007.2 Rule 1008 B is not ambiguous. Additional deposits of rent with the Prothonotary to secure the continuation of a supersedeas must be "made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter." Black's Law Dictionary, 7th Edition, defines "successive" to include "following in order; consecutive," while an "anniversary date" is a "recurring date." Plaintiffs interpretation of the rule is correct. The phrase "each successive thirty (30) day period thereafter" requires the counting of consecutive days. It does not create a recurring anniversary date. Defendants did not deposit $755 that was due on February 18, 2008, until February 22, 2008, two days after the Prothonotary, on the praecipe by plaintiff, properly terminated the supersedeas. Therefore, the following order is entered. ORDER OF COURT AND NOW, this. ~ ~2~ day of March, 2008, defendants' Emergency Motion 2 Defendants also maintain that plaintiff's praecipe to terminate the supersedeas must be stricken because it violates Cumberland County Rule of Procedure 357(3). This local rule provides that where a judgment is entered by a district justice for possession of residential property, and an appeal is filed and a supersedeas issued pursuant to Pa.R.C.P.J.P. 1008 B, "if the appellant subsequently fails to pay rent into the Court when due, the appellee may have the supersedeas terminated on application to the Court." This Rule was effective on October 15, 1978, and has not been vacated. It is now in conflict with Pa.R.C.P.M.D.J. 1008 B. This local rule is unenforceable because it is inconsistent with a general rule of the Supreme Court. Pa.R.C.P. 239(b)(1). -3- a~ 07-4319 CIVIL TERM to Reinstate Supersedeas, IS DENIED. The order entered on February 22, 2008, temporarily reinstating the supersedeas, IS VACATED. By th€~Cou Edgar B. Bayley, J. David J. Lanza, Esquire For Plaintiff Jordon D. Cunningham, Esquire For Defendants :sal -4- .. -, HOGG PROPERTIES, LLC, Plaintiff vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4319 Civil Term IN EJECTMENT CERTIFICATE OF SERVICE I hereby certify that I am this day of March, 2008, serving the foregoing Notice of Appeal upon the persons below by first-class, postage prepaid mail, which service satisfies the requirements of Pa. R.C.P. 906: The Honorable Edgar B. Bayley Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Official Court Reporter Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (Attorneys for Defencjarrt COFF, P.C. Dated: March 25, 2008 By: Jyfrflan D. Cunningham, Esquire A I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Defendants 13555303252008 Cumberland County Prothonotary's Office PYS510 Civil Case Print w i 2007-04319 HOGG PROPERTIES LLC (vs) TSIRIGOTIS MARIA ET AL Reference No..: Case Type.....: APPEAL - DJ Judgment.;.... 00 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: ------------ Case Comments ------------- Page 1 Filed......... 7/23/2007 Time.......... 12:29 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt l.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info HOGG PROPERTIES LLC PLAINTIFF P O BOX 624 NEW CUMBERLAND PA 17070 TSIRIGOTIS MARIA DEFENDANT CUNNINGHAM JORDAN D 19 GETTYSBURG PIKE APT/STE 4 MECHANICSBURG PA 17055 NEARHOFF ERIC DEFENDANT CUNNINGHAM JORDAN D 19 GETTYSBURG PIKE APT/STE 4 MECHANICSBURG PA 17055 ******************************************************************************** * Date Entries * ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 7/23/2007 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY JORDAN D CUNNINGHAM JR ESQ *SUPERSEDEAS SIGNED ---------------------- 7/23/2007 --------------------------------------------- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------ 7/23/2007 ------------------------------------------- RENT PAID $2265.00. ----------------- 7/30/2007 -------------------------------------------------- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT BY JORDAN D CUNNINGHAM ATTY ---------------------- 8/17/2007 --------------------------------------------- RENT PAID $755.00 ------------------- 8/27/2007 ------------------------------------------------ COMPLAINT -BY DAVID J LANZA ATTY FOR PLFF -------------- 9/14/2007 ----------------------------------------------------- PRELIMINARY OBJECTIONS IN THE FORM OF A MOTION TO STRIKE COMPLAINT - BY JORDAN D CUNNINGHAM ESQ FOR DEFT ---------------- 9/20/2007 --------------------------------------------------- RENT PAID - $755.00 ----- 10/12/2007 -------------------------------------------------------------- RENT PAID - $755.00 ------------- 11/19/2007 ------------------------------------------------------ RENT PAID - $755.00 12/21/2007 RENT PAID-$755.00 1/24/2008 ------------------------------------------------------------------- PRAECIPE TO TERMINATE SRUPERSEDAS PURSUANT TO PA DJ R 1008(B) - BY DAVID J LANZA ATTY FOR PLFF 1/25/2008 ------------------------------------------------------------------- PRAECIPE - BY JORDAN D CUNNINGHAM ATTY FOR DEFT 1/29/2008 ------------------------------------------------------------------- EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - BY JORDAN D CUNNINGHAM ATTY FOR DEFTS 1/28/2008 ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS - BY DAVID J LANZA ATTY FOR PLFF 1/30/2008 ------------------------------------------------------------------- ORDER - DATED 01-30-08 - IN RE:EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - IT IS TEMPORARALLY ORDERED THAT THE PROTHONOTARY SHALL REINSTATE THE SUPERSEDEAS UNTIL FURTHER ORDER OF THIS COURT AND THE HONORABLE MARK MARTIN MAGISTERIAL DISTRICT JUDGE IS ORDERED TO MARK THE ORDER OF POSSESSION DOCKETED TO NO LT-0000216-07 STAYED AND TO DIRECT THE CONSTABLE TO REFRAIN FROM EXECUTING ON THE ORDER OF POSSESSION ON 02-05-08 UNTIL FURTHER ORDER OF THIS COURT - A HEARING ON THE MATTERS RAISED IN THE DEFENDANTS MOTION IS HEREBY SCHEDULED TO BE HEARD ON 02-08-08 AT 13555303252008 Cumberland County Prothonotary's Office Page PYS510 Civil Case Print ~ . ~ 7 2007-04319 HOGG PROPERTIES LLC (vs) TSIRIGOTIS MARIA ET AL Reference No... Filed......... 7/23/2007 Case Type...... APPEAL - DJ Time.......... 12:29 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 3:30 PM IN COURTROOM NO 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA AT WHICH TIME IT WILL BE DETERMINED IF THIS ORDER SHALL BE MADE PERMANENT - BY EDGAR B BAYLEY J - COPIES MAILED 01-30-08 ------------------------------------------------------------------- 1/31/2008 ANSWER TO DEFENDANTS EMERGENCY MOTION - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 1/31/2008 PLAINTIFF'S MOTION FOR THE USE OF ESCROW PROCEEDS PURSUANT TO PA RCP D J 1008 B - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/05/2008 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/05/2008 ORDER OF COURT - 2/5/08 IN RE: PLFF'S MOTION FOR THE USE OF ESCROW PROCEEDS PURSUANT TO PA R.C.P.D.J.1008 B - HEARING SHALL BE CONDUCTED 2/7/08 AT 8:45 AM CR2 CUMBERLAND COUNTY COURTHOUSE - BY EDGAR B BAYLEY J ------------------------------------------------------------------- 2/05/2008 ORDER - 2/5/08 IN RE: PLFF'S MOTION FOR LEAVE TO AMEND COMPLAINT - RULE IS ISSUED UPON DEFTS TO SHOW CAUSE IF ANY THEY HAVE WHY THE RELIEF REQUESTED IN THE AFORESAID MOTION SHOULD NOT BE GRANTED - RULE RETURNABLE 10 DAYS AFTER SERVICE - BY EDGAR B BAYLEY J - COPIES MAILED 2/5/08 ------------------------------------------------------------------- 2/08/2008 ORDER OF COURT - 2/7/08 IN RE: DJ APPEAL - FOLLOWING A HEARING IT IS ORDERED 1- THE SUPERSEDEAS IN THE WITHIN CASE IS REINSTATED 2- THE ORDER OF POSSESSION IS STAYED 3- THE PROTHY SHALL FORTHWITH RELEASE $2,503.88 FROM THE CURRENT ESCROW AND DELIVER IT TO HOGG PROPERTIES LLC 4- NOGG PROPERTIES LLC IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS OF THIS DATE - BY EDGAR B BAYLEY J - COPIES MAILED 2/8/08 ------------------------------------------------------------------- 2/19/2008 CHECK ISSUED TO HOGG PROPERTIES, LLC IN THE AMOUNT OF 2503.88 (CHECK #1765) CHECK HANDED TO ATTY DAVID LANZA 02-19-0 RENT PAID INTO ACCT AS OF TODAY IS 6040.00 - THIS CHECK IS 2503.88 - REMAINING BALANCE - $3536.12 ------------------------------------------------------------------- 2/19/2008 NOTICE OF ENTRY OF APPEARANCE - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/19/2008 AMENDED COMPLAINT - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/20/2008 PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO PA DJ R 1008 R - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 2/20/2008 RULE - 2/20/08 IN RE: PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT OT PA DJ R 1008 B - UPON CONFIRMATIONJ OF FAILUREOF THE APPELANT TO DEPOSIT THE MONTHLY RENT FOR MOTE THAN 30 DAYS THE SUPERSEDEAS IS TERMINATED - BY CURTIS R LONG PROTHONOTARY ------------------------------------------------------------------- 2/22/2008 RENT PAID - $755.00 ------------------------------------------------------------------- 2/22/2008 EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - BY JORDAN D CUNNINGHAM ATTY FOR DEFTS ------------------------------------------------------------------- 2/22/2008 ORDER - 2/22/08 IN RE: EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - THE PROTHY IS TEMPORARILY ORDERED TO REINSTATE THE SUPERSEDEAS UNTIL FURTHER ORDER OF THIS COURT AND THE MAGISTERIAL DISTRICT 09-3-05 IS STAYED PENDING A HEARING ON THE MATTERS RAISED IN THE DEFT'S MOTION WHICH IS HEREBY SCHEDULED TO BE HEARD 314/08 AT 8:45 AM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY EDGA B BAYLEY J - COPIES MAILED 2/22/08 ------------------------------------------------------------------- 2/26/2008 PLAINTIFF'S ANSWER TO DEFTS SECOND EMERGENCY MOTION TO REINSTATE SUPERSEDEAS - BY DAVID J LANZA ATTY FOR PLFF ------------------------------------------------------------------- 3/04/2008 PRELIMINARY OBJECTIONS IN THE FORM OF A MOTION TO STRIKE AMENDED COMPLAINT - BY JORDAN D CUNNINGHAM ATTY FOR DEFTS 2 13555303252008 Cumberland County Prothonotary's Office Page 3 PYS510 Civil Case Print ,.... 2007-04319 HOGG PROPER TIES LLC (vs) TS IRIGOTIS MARIA ET AL Reference No... Filed......... 7/23/2007 Case Type...... APPEAL - DJ Time.......... 12:29 Judgment. .... 00 Execution Date 0/00/0000 ; Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comm ents ----------- -- Higher Crt 1.: Higher Crt 2.: ----------- D 3/17/2008 O ---------------- OR O U ------------- /17T --------------------------- %pgTE ~ O SED A SUPER MOTION I DEN S TERED IN 2/22 HE ORDER EN IED TEMPORARILY REINSTATING THE SUPERSEDEAS IS VACATED - BY EDGAR B BAYLEY J - COPIES MAILED 3/ 17/08 --------------------- --------------------------- 3/19/2008 SECOND AMENDED COMPLAINT - ------------------- BY DAVID J LANZA ATTY FOR PLFF - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - *********************** **************** ***************************************** * Escrow Information * Fees & Debits Beq Bal P~rmts/Ad~ End Bal *********************** ********* ****** ** ****** *** **************************** APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 RENT 2265.00 2265.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 755.00 755.00 .00 RENT 238.88- 238.88- .00 RENT 238.88 238.88 .00 RENT 3536.12- 3536.12- .00 RENT 3536.12 3536.12 .00 RENT 755.00 755.00 .00 -------- -------------- 6873.25 ---------- -- 6873.25 -- .00 *********************** **************** ***************************************** * End of Case In formation *********************** **************** ***************************************** TRUE CC~'~, r,~-^~ ~ r+r~`P!,RD t m hand Y In Test+mony v~~~ and the seal o~~ s~~~` ~~~~~~~~~~ at ~urli~le, Pa. This o?~ ~ of..I:~~...., ~~~ p...........,~~~C~~I Prothonotary /`~' '\?' `~(N{ r> ~=c~ ~~ ~ ~ ..~ i"~~ 4 ~ ~. ` ~L, ~ ~-' v ~ •- s~ , t ` Z -~ ~ ' ^ NOGG PROPERTIES, LLC, Plaintiff VS MARIA TSIRIGOTIS and ERIC NEARHOFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 CIVIL TERM IN EJECTMENT Defendants ORDER OF COURT AND NOW, this ~-~ day of March, 2008, the motion of defendants for a stay pending appeal, IS DENIED. By the ordan D. Cunningham, Esquire 2320 North Second Street Harrisbu ; PA 17110 For P intiff avid J. Lanza, Esquire 3631 North Front Street Harrisburg, PA 17110 For Defendants Edgar B. Bayley, P.J. :mlc r--~ ;... N ~-~ - .,. .~... ~~ r ~ ~ , y 4/ C '•1 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 1013 - 10199 1011 /99 Karen Reid Bremblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary w Superior Court of Pennsylvania Middle District March 31, 2008 RE: Hogg Properties, LLC v. Tsirigotis, M. No. 542 MDA 2008 Trial Court Docket Number: 2007-4319 Dear 100 Pine Street. Suite 400 Harrisbur¢. PA 17101 717-772-1294 www.superior.court.state.pa.us Enclosed please find a certified copy of an order dated March 31, 2008 entered in the above-captioned matter. Very truly yours, ~` James D. McCullough, q. Deputy Prothonotary WJT cc: David J. Lanza, Esq. The Honorable Edgar B. Bayley President Judge Mr. Curtis R. Long Prothonotary Hogg Properties, LLC . v. Maria Tsirigois, et al. . ORDER IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Cumberland County No. 2007-4319) No. 542 MDA 20 8 Filed: March ~I ~ , 2008 Upon consideration of the emergency application for stay pending appeal, the application is hereby DENIED. Per Curiam TRUE COPY PROM RECORD Attest: MAR 31 ~0 Deput~Prothonot~ry _ - Superior Court cif PA -Middle District No.: 542 MDA 2008 Carbon Copy Recipient List Addressed To: Jordan Daniel Cunningham, Esq. Cunningham & Chernicoff, P.C. 2320 N 2nd Street PO Box 60457 Harrisburg, PA 17106-0457 Carbon Copied: David J. Lanza, Esq. 3631 North Front Street Harrisburg, PA 17110 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 The Honorable Edgar B. Bayley President Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1013 -10/99 10/1/99 N ~ '~t'1 C.. c~ ~ .~ - ,J_ ' ~ - rjt_~ Ct'~ ` ;~,7 ,... ~=; 1 ....~- ' "~ ~:. •-t . ,r :- ~'~ ~'s t ms ' ~ s ~~. '``_ •~ G COMMONWEALTH OF PENNSYLVANIA Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. lleputy Prothonotary .~' y . Superior Court of Per>tnsylvarua Middle District March 27, 2008 100 Pine Street. Suite 400 Hamsbure. PA 1710] 717-772-1294 www.superior.court.state.pa.us Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 542 MDA 2008 Hogg Properties, LLC v. Maria Tsirigois and Eric Nearhoff, Appellant Dear Mr. Long: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa. R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary WJT Enclosure 3:15 P.M. Appeal Docket Sheet Docket Number: Page 1 of 3 March 27, 2008 542 MDA 2008 Superior Court of Pennsylvania Hogg Properties, LLC v. Maria Tsirigois and Eric Nearhoff, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: March 25, 2008 Journal Number: Case Category: Civil Awaiting Original Record CaseType: Ejectment Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: April 10, 2008 Next Event Type: Original Record Received Next Event Due Date: May 27, 2008 3/2712008 3023 3:15 P.M. Appeal Docket Sheet Docket Number: Pale 2 of 3 March 27, 2008 Superior Court of Pennsylvania 542 MDA 2008 . . COUNSEL INFORMATION Appellant Maria Tsirigois and Eric Nearhoff Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Cunningham, Jordan Daniel Bar No.: 23144 Law Firm: Cunningham & Chernicoff, P.C. Address: 2320 N 2nd Street PO Box 60457 Harrisburg, PA 17106-0457 Phone No.: (717)238-6570 Fax No.: (717)238-4809 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Hogg Properties, LLC Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Lanza, David J. Bar No.: 55782 Law Firm: Address: 3631 North Front Street Harrisburg, PA 17110 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: dlanza@caldwellkearns.com Receive E-Mail: Yes FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 3/25/08 Notice of Appeal 60.00 60.00 2008SPRMD000256 TRIAL COURTlAGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: March 17, 2008 Judicial District: 9 Date Documents Received: March 26, 2008 Date Notice of Appeal Filed: March 25, 2008 Order Type:Order Entered OTN: Judge: Bayley, Edgar B. Lower Court Docket No.: 2007-4319 President Judge ORIGINAL RECORD CONTENTS 3/27!2008 3023 3:l5 P.M. Appeal Docket Sheet Docket Number: Page 3 of 3 March 27, 2008 542 MDA 2008 .~e~P'A'~i. . ,.. _ Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By March 25, 2008 Notice of Appeal Filed Appellant Maria Tsirigois and Eric Nearhoff March 27, 2008 Docketing Statement Exited (Civil) Middle District Filing Office Superior Court of Pennsylvania 3/2712008 3023 ~7 ~~ ;3: ._.._ ~ a,~,,; '"e:2 - -> A~`~y ..-; ~~ ~ -C ORIGINAL David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-4319 Civil Term MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants MOTION FOR ENTRY OF JUDGMENT AND DISTRI6UTION OF PROCEEDS 1. Plaintiff and Defendants have reached an Agreement in the above- captioned action. A true and correct copy of the aforesaid Agreement is attached hereto as Exhibit "A". 2. The Agreement provides (¶1) for the immediate Entry of Judgment for possession. 3. The Agreement provides (¶3) for the payment of all proceeds currently held in escrow by the Cumberland County Prothonotary to Plaintiff. 4. The aforesaid Agreement required additional payments in the aggregate amount of $3,555.00 (¶¶4, 5). 5. The aforesaid Agreement required an Entry of Judgment far money damages immediately (¶6). 6. The Honorable Edgar Bayley has previously been involved in decisions in this case. RULE 208 7. Pursuant to Rule 208, a copy of this Motion has been forwarded to Defendants and to Defendants' former counsel. Defendants appear to be unrepresented at this time by virtue of the correspondence attached hereto as Exhibit "B," even though no "praecipe to withdraw" or "substitution praecipe" has been filed and the attached correspondence (Exhibits "C" and "D") to Defendants' former counsel has generated no response other than for former counsel to confirm that Exhibit "B" "states the Defendants' position in this matter" (see Exhibit "E"). The parties have communicated among themselves, during which communication Defendants have expressed their concurrence directly to Plaintiff. Plaintiff submits that the events depicted in this paragraph constitute concurrence. WHEREFORE, Plaintiff requests judgment for Plaintiff in the amount of $3,555.00, for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg, Pennsylvania 17055 and for the distribution of all proceeds held in escrow by the Cumberland County Prothonotary in this case to Plaintiff (which distribution shall not offset the judgment for money damages). Dated: ~ ~ l ~ ~ ~ ~ Respectfully submitted, CALDWELL & KEARNS By: David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 14-031/131212 CERTIFICATE OF SERVICE AND NOW, this ~g ~ day of April, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jordan Cunningham, Esquire 2320 N. Second Street Harrisburg, PA 17110 11/302007 03:30 FA}~ 71793$27$$ HOGG PROPERTIES Mar 31 20D9 L2s 22PM IiP Lfi$ERJ6T FMK ~-e~ bate of AgxQsa><Clent, l~exa<h 11„ 2008 Patties t4 tbs3 AgY'eenl~t]t: Iiogq Pr~rt~.es, LLC, Blai~ttiff tie Nesrhoof aid MAria Tsiripotis, befet'id~-~t r~oo~too~ P-2 =.. Hvgg Proper+Cxas receives b ~udgemenr for Foase~csion end judgement fer snaricy. ~jecGment date sagv~d tt, April 30, a00B . Defendant may remain it1 props=zty until said ejectmerlG dgCe. 3. All eecraw proQeeda in Cumberla»d oaunty ProthanpCSry'& c~ffi,c~ tq k~e paid to Hogg Yropext~.ee, t,LC ~.mmedimtaly - 4 , $a800 ir1 aCto~telre ~aeS payable monthly lt'1 the asnout'~t of SaOd per monC.h tis H,agg Frop~erties, I.LC OY Tim Hogg by Direct DeposiL:. 5. March rvrit in the amount at $755 is due dtld payablrs inurtediataly. April reek sha],I be due April 20, 20Q8. 6. Thls agree[nent shall be entered as judgs~nent for money az~d posaetsion itimtes3i,stely ar- the Cumberland Couzity Courtl`~auee. ,rr ~F~o HopQ !'yes;a~tti.a, Lt.C tb ,,,. L~ia Z'sisi~~i^ Dr-Ce ]Rorie 4aar~of lis~r Z0 'd [5L99~zL [L 'ON Xa~ 'A I 0 'f1Q3 ',LS I Q H'80 Wd 9 [ ~ l0 I`lOW 6002- lE-~6W 11/30/2407 03:30 FA3{ 71793$2788 NOGG PROPERTIES f~j002/405 Mr. Cunningham, 3/31 /0$ A,t this time we are no longer in need of your services and will nat need any of your services in the future. We wi11 rxiake arrangements to pay any and all manias due to you and firm. Respectfully Yours, Eric Nearhoof r~'~- Maria Tsirigotas ~~ ~t _ ~~ ZO 'd [~LS~S9zL [ L 'ON X~.~ '11I Q 'f1a3 '1S t Q N'8Q lid 95 , Z 1 NOi~ BOOZ- I E-~d4I ~~~~ ~- ~ c JAMES R. CIIPPINGER CHARLES J. DEHAR T, III JAMES L. GOLDSMITH P. DANIEL ALT LA ND JEFFREY T. MCGUIRE• STANLEY J. A. LA SKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DAVID J. LAN2A ELIZABETH H. FEATHER •BOARD CERTIFIED CIVIL TRIAL ADVOCATE vIA FAX: 238-4809 CALDWELL &KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1 7110-1 5 3 3 April 2, 2008 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, PC P.O. Box 60457 Harrisburg, PA T 7106-0457 Re: Hogg Properties, LLC ~~. Maria Tsirigotis and Eric Nearhoff Dear Jordan: OF COUNSEL RICHARD L. KEARNS CARL G. WASS JAMES D. CAMPBELL. JR. THOMAS D. CALDWELL. JR. 119 2 8-2 0011 717-232-7661 FAX: 717-232-2766 thef irm~ca Idwellkearns.com I am informed that Plaintiff and Defendants have entered into an Agreement in this matter and that you are no longer representing Defendants. Please confine your status to me so that we may proceed to a resolution. Very tail yours, DJL:mem 14-024/ 1312 ] 4 David .T. Lanza CALDWELL &KEARNS 'v x I~~ b'`~ ~ JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. MCGUIRE• STANLEY J. A. LA SKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DAVID J. LANZA ELIZABETH H. FEATHER 'BOARD CERTIFIED CIVIL TRIAL ADVOCATE VIA FAX: 238-4809 CALDWELL &KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1 7110-1 5 3 3 Apri14, 2008 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, PC P.O. Box 60457 Harrisburg, PA 17106-0457 Re: Hogg Properties, LLC v. Maria Tsirigotis and Eric Nearhoff Dear Jordan: OF COUNSEL RICHARD L. KEARNS CARL G. WASS JAMES D. CAMPBELL. JR. THOMAS D. CALDWELL. JR. 119 2 8-2 0011 717-232-7661 FAX: 717- 232- 2766 thefirm®caldwellkearns.com The issues referenced in my letter of April 2, 2008, have generated uncertainty for me with regard to Rule 208. In the absence of a response from you, 1 have tried to address these issues as thoroughly as possible in Paragraph 7 of the attached Motion. 1f you can confirm that you are no longer representing the Defendants in the above action, my representations in Paragraph 7 can be greatly simplified. I would appreciate your prompt response. Very truly yours, i~ 4~ ,1 } /, __. David J. Lanza CALDWELL &KEARNS DJL:daf 14-024/13]399 1 Exua~+ ~ 717 238 4809 Cunningham and Cherni JORDAN ~. CUNNINGHAM R08ERT Ii CHERMCOFF MnRC w, wrrziG BRUCE J. WARSHAWSKY KELLY M. KNIGHT TRACY L. UPDtKE 04:35:45 p.m. CuNNnvGHAM &. CHERNICOFF, P.C. ATTORNEYS AT LA W P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE: (717)23$-6570 FAX: (717} 238-4804 Apri18, 2008 VIA FACSIMILE and U.S, MAIL (717) 232-2766 David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Stree# Harrisburg, PA 17110 04-08-2008 HERSHEY TELEPHONE (717)534-2833 IRS N0.23-2274135 S~„TREET ADDRESS: 2320 NORTH SECOND STREET HARRISBCJRG, PA 17110 Re: Hogg Properties LLC v Marie Tsirigotis and Eric Nearho,,Q'' Onr Fite No. 410607 Dear David: Attached is the fax X received from Ms. Tsirigotis and Mr. Nearhoff, the same document you attached as an Exhibit to your Petition. I believe that the letter states the Defendants' position in this matter. Very truly JDC/alh attachment cc: Maria Tsirigotis and Eric Nearhoff (via U.S. Mail only) CHERNICOFF, P.C. 2 /3 F:\Home1AHEWITIIDOCSIM-NINEARHOFFILANDGORD-TENANT MATTERICORRESPONDT:NCElI,040808 lar-za.wpd C7 ~ ~ c=~ ~ ::~ _ _r_,', . ~' - t~ :,~. Cad =i ., :~.a :~. Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 A 1014 - 09107 Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary ~.v w . Superior Court of Pennsylvania Middle District April 11, 2008 Notice of Discontinuance of Action RE: Hogg Properties, LLC v. Tsirigotis, M. Appeal of: Maria Tsirigois and Eric Nearhoff Type of Action: Notice of Appeal No. 542 MDA 2008 Cumberland County Court of Common Pleas Agency Docket Number: 2007-4319 100 Pine Street. Suite 400 Harrisbur¢. PA 1710] 717-772-1294 wwwsuperior. court. state.pa.us The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Jordan Daniel Cunningham, Esq. David J. Lanza, Esq. Party Name Maria Tsirigois and Eric Nearhoff Hogg Properties, LLC Party Type Appellant Appellee c'; f-.~ r..., ~ ~~ ~ ~ ~ ' ~ ''=`' ,-~ ` - ate,, c ---~ ~ 77 f ~~. ' ;`_ ~ ~. : ~ ~~ ' _ ~, ,,.,,, _ x..~i ~ -N .«rv^ COMMONWEALTH OF PENNSYLVANIA Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary ~' y Superior Court of Pennsylvania Middle District April 11, 2008 100 Pine Street. Suite 400 Fiarrisbure. PA 17101 717-772-]294 anvwsuperior. court. state.pa. us Mr. Curtis R. Long Prothonotary Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Hogg Properties, LLC v. Tsirigotis, M. No. 542 MDA 2008 received from the Superior Court of Pennsylvania, Middle District Office, the certificate of discontinuance of the court, in the above entitled case. Contents of Original Record: Original Record Item Description Return to: Superior Court of Pennsylvania Office of the Prothonotary 100 Pine Street, Suite 400 Harrisburg, PA 17101 717-772-1294 Trial Court Docket Number(s) 2007-4319 ti- ~ « t~ ~' - `~ r.~- ~.. ~ _ . °~ ~~ ~ IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No.542 MDA 2008 Maria Tsirigotis et al v. :Appeal from the OE 3/17/08 :Court of Common Pleas Hogg Properties, LLC :for the county of Cumberland No. 2007-4319 4/10/08 -The above appeal is hereby withdrawn and discontinued by order of: Jordan D. Cunningham, Esquire Attorney for Appellant 4/10/08 -DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 11th day of April 2008 . ~c eputy Prothonot N r.`? C;.:. .~, "r'1 - r ~~~; ~b ~~ _ Y, ~~ ~~. ~ ~_; -, ~~= +:: . }. APR 18 2008 ~~ David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants NO. 2007-4319 Civil Term ORDER And now, this' day of April, 2008, judgment is hereby entered for Plaintiff in the amount of $3,555.00 and for possession of the premises at 19 Gettysburg Pike, #4, Mechanicsburg. The Prothontary is hereby ordered to disburse all escrow proceeds to Plaintiff (which distribution shall not offset the money judgment). 14-031 /132090 a .,-~. ~ ---- _ ,.., ~~~~.. ~^~ f yf _ 1 ;-=j * ~ Y+ :.: ~ _' "_ ` C`v + _ :-.~~ t~ f L~ ~ ~ _._ ~~. ~~ h-- `'°~~ ~ ~_ ~% ~,~ ~' ~:~ ~j t~~ c.r C..:3 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE 1775 CARLISLE, PA 17013 60-1503!313 DATE PAY TO THE ..,. ORDER OF Hoag Prot~rties , LLC I ~ 3, 555.00 ~ ~ ~~ t`tJN9b~Atq~iU CO ~ ~ ~~ P$,t~'f-~~SNt')'f'~Rlf,.rJ' ~~~~.~OO~~~ DOLLARS ~C Owis'r~awty s~vK 07-4319 Civil -Hogg Properties vs. Tsirigotis ---- 11'00~??511' ~:03i3~5036~: L08 LLiL? ---'"-' ~- U ~. .__. c~~ ,m ~~<? c~ ~i ' - -F:~ ~' - ~ _ c; ' -,~:._ c~ LL.t ay , } V ~~ ~ ~ ~ ~~ ~ ._. ~ • 1.548330282^08 Cumberland County Prothonotary~s Office Page 1 PYS405 Manual Release Check Register 4/28/2008 Distribution Case No Accountin Escrow Tran Date g Amount Date Release ------------------------- __ ------------------------ ----------------------- 29 NOGG PROPERTIES LLC Check Date: 04/28/2008 Check No.: 1775 2007- 04319 TRNS ESC IN 3555.00 4/28/2008 Payee total: 3555.00 --------------------------------------------- Grand total: 3,555.00 • • RECEIPT FOR TRANSFER • Cumberland County Prothonotary's Office Carlisle, Pa 17013 HOGG PROPERTIES LLC P O BOX 624 NEW CUMBERLAND, PA 17070 Case Number 2007-04319 Remarks Receipt Date 04/28/2008 Receipt Time 15:48:23 Receipt No. 208300 ---------------------- Distribution Of Adjustment -------------____________ Transaction RENT RENT Payee PROTHONOTARY ESCROW NOGG PROPERTIES LLC This Adj 3,555.00- 3,555.00 r~ U • David J. Lanza Attorney I.D. #55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff HOGG PROPERTIES, LLC Plaintiff, vs. MARIA TSIRIGOTIS and ERIC NEARHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-4319 Civil Term PRAECIPE TO ATTACH VERIFICATION To the Prothonotary: Please attach the verification page attached hereto to Plaintiff's Motion in the above- referenced matter. Dated: Respectfully submitted, CALDWELL & KEARNS ~~z~~~~ By: Da d J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 14031 /132316 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of hislher knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Dated: Z U ~ Tim Hogg CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this ~ ~ day of April, 2008, on the following by depositing a true and correct copy of the within document the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 CALDWELL & KEARNS By L . ~p . ~~ c`.a:7 "-'~ " i ~:: i 7 y" it._ i . ~-~ .-%+ -;, J ~_~ :# ;"€1 } . .~ ~" ^G