HomeMy WebLinkAbout07-5645,,.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ~ ~ ~ ~~ys ~~v~r "Fdn~ I
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
-=1-01
vs
0 SOD 2.x'1-~`
This block wilt be signed ONL when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDERS to the judgment for possession in this case.
Signature d PYatbonatary a D~pufy
appellant was CTaiman~ (see Pa. R.C.P. D.J. No. 1001(6) rn actron
before a District Justice, A COMPLAINT MUST !3E FILED within twenty
(20) days aRer filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appegee(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. ~ ~ ~ ~~p~~ )within twenty (20) days after service of le or suffer entry of judgment of non pros.
u~ fi~~
Signatue of appelrant or attorney a agent
RULE: To ~ , appellees)
apperlee(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 certfied or registered mail.
(2) If you do not file a t~mplaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. ~~0~~ ~~ ~~P
Date: r~'''~ . 2U ~ ~ ~cS ~~u~'^1'1' /L- OL
~~, pLJ ~~ ~ Signature of ary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
:s p C~..,C t~N~ ~.. ~
PA ~ STATE ~ ~~~
,,~DNendanQ~ F..J ~~ s.~Sl J l ~,J\.J~~~~JV`""'
WHRE -COURT FILE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST 8E FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) {affirm) that I served
^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on
(date of service) , 20 ^ b ersonal service
y P ^ by (certified) (registered) mail,
sender`s receipt attached hereto, and upon the appellee, (name) , on
, 20 ^ by personal service ^ by (certified) (registered) mail;
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of affiant
Signature o1 ofricia! before whom affidavit was made
Trt/e o/ ofriciat
My commission expires on
20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CIIMBERLAND
61, c Dist. No.-
09-1-01
Pd D. Name. rl~n
CHARLES A. CLEMENT, JR
°d`e5= 4 0 0 BRIDGE ST
OLDS TOWNS COMMONS -SIIITE 3
NEW CIIbiB$RLAND, PA
rEE~r,o,E (717 ~ 774-5989 17070
NOTICE O~ JU~JGIVIENT/~TRANSCI~IP7
CIVIL CASE
PLAINTIFF: Na-•nE and ;oC ~=s: _
rGRO S SMAN, HAIL::~.Y
Po Bog 152
NEW CUD~BBRLANi:), PA 17 0 7 0
L --
VS.
DEFENDANT: NAME and:~~D~-s:~,
~PAIILETT$ SNYlli~R/JJ CIIS`rO~i CABI27h`r3
15 POPPS FORll RD
YORK HAVEN, lP:iy 17370
PAULSTTE SNYDSR/JJ CIISTOM CABINETS L
15 POPPS FORD RD Docket No.: C"V-OOU0257-07
YORK HAVEN, PA 17370 Date Filed: 6/'?_./07 ~ ~-
~, ~~~ ~
THIS IS TO NOTIFY YOU THAT:
FOR PLAINTIFF
Judgment:
Judg Went was entered for: (Name)
® Judg Went was entered against: (Name)
in the amount of $ 7.575.5
(Date of Judgment) 8/29/07
GROSSMAN, HARRY
PAIILETTE SNYDER/JJ CII5TOM CABIITSTS
Defe ldants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease
Amount of Judgment
Judgrent Costs
Interest on Judgment
Attorney Fe~S
Total
$ 7,423.OU'
1.52.5)
$ _ __. U J
~ -~!~ ~2
~ 7,575.50
w_ __
Post Judgm:,~nt Credits 4 __
Post Judgment Costs ~ __
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT B'd FILING A NOTI;;E
OF APPEAL WITH THE PROTHONOTARY/CLERK OF 7HE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
h1UST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF rHE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE: .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAl' FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR P,~YS IN FUt_L,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
~:UG 2 9 ~~~~ Date
I certify that this is a true and correct copy of the record of the
Date
My commission expires first Monday of January, 2008
Mag sterial District JuJle
SEAL
Magisterial District Judge
containing the judgment.
tiOPC 315-OE'.
DATE PRINTED: 8/29/07 2:28:00 PM
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David J. Lanza
I.D. No. 55782
356 North 21St Street Attorney for Plaintiff
Camp Hill, Pennsylvania 17011
(717) 730-3775
HARRY GROSSMAN,
Plaintiff
v.
PAULETTE SNYDER individually and t/d/b/a
JJ CUSTOM COUNTER and JJ CUSTOM
CABINETS,
Defendant
NOTICE TO DEFEND
To the Defendant:
NO. 07-5645
CIVIL ACTION -LAW
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, Pennsylvania 17101
Telephone: (717) 232-7536
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
David J. Lanza
I.D. No. 55782
356 North 21st Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
HARRY GROSSMAN,
Plaintiff
v.
PAULETTE SNYDER individually and t/d/b/a
JJ CUSTOM COUNTER and JJ CUSTOM
CABINETS,
Defendant
COMPLAINT
NO. 07-5645
CIVIL ACTION -LAW
1. The Plaintiff, Harry Grossman, is an adult individual with an address at P.O. Box 152, New
Cumberland, PA 17070.
2. The Defendant, Paulette Snyder, is an adult individual trading as JJ Custom Counter and JJ
Custom Cabinet purporting to have an address at 15 Popps Ford Road, York Haven, PA 17370.
3. On or about December 30, 2005, Plaintiff and Defendant entered into a commercial Lease for
the premises situate at Building # 1, Sections A & F, 7th and Water Streets, New Cumberland, Cumberland
County, PA ("the Premises"). A true and correct copy of the aforesaid Lease is attached hereto as Exhibit
°A"
4. The aforesaid Lease required Defendant to make rental payments in the amount of $1,792.00
per month for year 1 of the lease (February 2006 -January 2007).
5. The aforesaid Lease required Defendant to make rental payments in the amount of $2,150.00
per month for year 2 of the lease (February 2007 -January 2008)..
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
6. Defendant failed to pay rent in a timely fashion at various times during the Lease period.
7. Defendant failed to pay rent at all after July 2006, thus incurring late fees for every month
from June 2006 through October 2007.
8. The Defendant's failure to pay rent constitutes a default under the aforesaid Lease.
9. Defendant's unpaid rental obligations through January 2008, after crediting rent received from
a new tenant from July 2007, equal $26,927.00.
10. Plaintiff has been forced to incur costs in the amount of $975.00 to repair and clean up the
property.
11. Plaintiff has been forced to incur costs in the amount of $1072.00 for debris and trash
removal at the property.
12. Plaintiff was forced to incur District Justice filing fees in the amount of $152.50 for the
purpose of enforcing the Lease.
13. Plaintiff is entitled to recover attorney fees pursuant to Defendant's default and ¶ 17 of the
Lease.
14. Plaintiff is expected to incur attorney fees equal to or exceeding $2,000.00.
15. Plaintiff is entitled to judgment in the amount of $ 29,541.50, calculated as follows:
Unpaid Rent $26,927.00
Cleanup costs $975.00
Debris and trash removal $1,072.00
District Justice filing fees $152.50
Attorney fees $2,000.00
Security deposit retained (1,585.00)
Total $ 29,541.50
16. Plaintiff has demanded the aforesaid sums, but Ddfendant has refused to pay the same or
any part thereof.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of twenty nine
thousand, five hundred forty-one and 50/100 ($29,541.50) plus interest and all additional attorney fees, late
fees and rent incurred by Plaintiff through the time of trial.
Respectfully s
David J. Lanza
Attorney I.D. No. 55782
356 North 21St Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
56-12
VERIFICATION
I, Harry Grossman, 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. §4904, relating to unsworn falsification to authorities.
Date: ~O _ ~ D~_ By:
Harry rossman
CERTIFICATE OF SERVICE
AND NOW, this 10th day of October, 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:
Paulette Snyder
15 Popps Ford Road
York Haven, PA 17370
,~
David J. Lanza
LEASI~
'11U8 At3ftELMBNT made and eatet+sd into on ~•Z-'~ .2005. dtetwt!en
Possrgw/ herein referred to as I.esaor, and
/°,~ ~rr~
d at 7
State of
as levee, Censor to Lessee
wwx 86ao~'• County of
and more particularly
as
together verb all appuntea~rCm. bst' a l~ Qf •3
2 . and to end cut r Au 3 / ,,•l~,, at
to ccraameaaa oa f
~~. cs~a , ,,.~_ .IYI.
1. Rect. lessee agrees to pay, wkbotrt demand, to ilessor as real for the demised premises
the~s m of ~ ~' of .each d>etdat' b C3 / i ~ ao adva thrte
Po .Qak /5~ , City ofi(~i.1 ~A.y~ . Slave of ~_ , or at
such od-er pb-x a~ Lpaor msy~6G.
~ Cy~~et _#/7~a•°%-+ox y~~e 2 _ ~,~sq/..,o)~y~-~ 3 = ~-2,~ /Mo~
2. 3ecwrl posit. On the execution of this lease, Lessee deposits with Lessor
~R: oe ~.c~llrso sJ = ' ~~ ~SgS• °--°- 1. t+eoeip< of witidt is adatowladaed by
~1,- Lessor. as aaaoity for ttte thfid pta by Lessor of the ~terma hereof, to ire ntureted to lessee,
without intermt , oa the fidi ar. d f~bfal ~ iy lti~a of ti-e iia~eof.
~. Quiet li+.r~oyment. Leaser eovewt-ts that on paying .the rent and perfornriug the
covenants henna co~ntaiaed, Lessee snail peaor sad Its, haW and enjoy the detained preari:est
fa• the agreed term.
4. Use of I~remis+m. The demies~i pranises sha8 be used and:~oocupied by i.esaee
exclusively as [d~,ese ~o_~J~clp /K~L a~',`~' and neither the premises nor any
part thereof shag be used at any tittm daring the term of thin lame by Lattee far atq- other parpaie. Lessee
shall comply with all the satritary laws. ordinaacea„ nda, and orders of appropriate gotnxttmental
autlsorities aEfe+xirtg the deturlineas. oocupwry, sad praservaEion of the deaaised pret-tiaes, and the
sidewalks e:onneeted thereto, during the term of fhb lease. •
~. CottdNlon o[ Pt+amiaea. Laaee at~tdates that he has araarined the demised prembes,
it--.~luciing the grounds and all baiWings and irapravernetrts. and thlst thry ar+e, at the time of this lease, in
geed ocdcx, te~rir, sad ~ a safe, darn, acrd tie eos~tioa. Leaeee relies epos his inspedioa of tht
premises and n+r representat:rns, warranties or implied warranties, with regard to the premises, except as
sec forth specifically berate rremisea are aeapted is an'aa-b"condition.
6. Assl~nmestt earl erg. `Nidroat prior written cotrsetrt of Lessor, Lessee shall not
assign this leaa+; ar suittet or gt~ say atrreaaWOa or licatsa to >tire the pry or any pact thereat A
cousent by Lessor to one assignment, subletting, eonttssion, or licet-se shall not be deemed to be a consent
to any subsequent assignment, subletting, connasion, or lioEase. Aln assignment, subletting, conawsion, or
license withatt i~he prior written aowse+o~t of Ltutwr, or as aaaignrttdrt or atrbidtiag by operation of law, anal)
be void and shall, at I.eaaor's ~ptiott, terminate this lease. lladgnnknt or subletting may be prohibited by
I with or without ~a earl is Irassat's sole dia~asr.
y. Alterations and Ymprovanenta. Iaseee ahaq',make no alteationa to the buildings or
the d.:miseci pt9artises ar eartatrrw:t say hetilding or slake outer provetttbttr an the demised praniass
wiliwttt the prior written consent ~ iessoc Ail altuatiotr:, dang~ sad imptovettreats bath, eotrstructed,
or placed oa tht: demised pr+ensisa bgr Lease; with the exoeptiow fextares i+aao~wbk whhottt dstarsge to
the premises an+9 movable personal property, shall, unless otherwbel provided by written agreement behveen
d.essor and Lesa+se, be the property ~ I.aaor sad remain on the dea~siaed premises at the expiratba or upon
sooner termination of the kale. At the option of Career, i~ssor may r+ertratne any alterations ar
improvemeata nude without the written consent of Lessor and de t.aaaea for oosbi of raaon-al atwi costs
to restore the prwrrises to its prior oandhioss which be a d~ fee due utrdn this kaae.
8. Aamage to Prymises. Ia the event of dameggeek~o the premises, Lessor, at Irswr's sole
option, shag determine whether to taspair the aanre and. if Lessor detlermirtea sot to repair the same and arrclt
Failure repair msrteriaiiy iate-•lieres with the vatne of the dense, fire sane shalt terminate the tam of the lease
lrereuader. i.ewee shaA be respoea~ie to sst~iatain itmteaace oe the premises bar the cost ~ ail r+spsirs.
q. Daugerotrs Materials. Lesseesltall not keep orlhave on the icased premises anything of
a dange-nui. intlammalor ~ flat might ua~tnably iaerease the da~µsr of lirr wt dm
leased premises or the - igi:t be considered hazardous or extra Hazardous by any responsible insurance
co-npany. Less+x shall not violate any terms of any inatraaoe policy on the premises or any regulation or
rule of any gowsrnmental authority or say ordinanee or atatuta governing tits premises. nor any building
code or zoning code thereto. _
to. Utilities. iessee shag be responsible for arranging foir and paying for all utility services
requiredddau t~-e pt+entises.,~,,,eycvp ~ ,cKbd:pF Sya~r.~- Wio-Jie~'Z ~~s rive e~tt ~FSSCE's
V~s~ f/:~ //~/^J
ii. Maintenance end Repair. Lessee viii, at his sole expense, keep and maintain the
leased premises and a-ppurtenancea is good sad sanitary condition and r+epaM during the term of this lease
and any renewal thereof. In particular. Lessee shag keep the fixtures an or aboeft the teased premises in
good order and t+epaii; keep ills fnraaee dne; keep fife eieetrk baits Ia a~der;~ keep ttfe waHcs free fivom dirt
and delxtis; and. at his sole expense, shall make all required repairs to the plumbing, fangs, heating
apparatus, and electric and gas fixttaes
t2. Right of Iaapeedon. Lessor and hls agents shat! havpe the right at alt reasoffabte times
darif~ the term of drb lease sad nag r+eaearal theeeof to eater the derdised preadtes for the purpose of
iospaxiag the prpffis~~ and ail beitdhtg sad hnpcov~atratb thereon.
13. Dleplrgr ~~- the 1~ ` • ~~ days of idle hr~ Lessor a his agent ahaA
have the privilege of disphtying the ttsusl "For ink" or "For Rent" or~~ "Vacanc,~' signs oa Nte demised
pt+entiset rod of sttottniag the property to protpeefjve pmdttttets a< ifmutta •
i4. Sdfordination oi<Iretsrer. 11dt !etas sad I,estedt leapehold iaterat herenadet are sad
shall be subject, suburdinste, and inkrlor to, airy !leafs or anafmbraaogs now or hereafter placed on the
demised pcemisea by Lessor, alt advaooea feeds under nay sttdt Beat or epcuafl~aaoe:, the interest payable
on any such item or e~fcnmbrances, sad nag sad all reaewats ar e-desuiomjof sffc6 ftafs or ~.
,t{, No;{doMer lay Lessee. 9lrotdd 1~estea r+aafda is possesNioa of the deatised preafites with
the consent of Lmsor after the nNnral expinftioa of this lase, a flew ~ftonth-to-afoath teaaad- shap trc
created 6etweea l~fr and Lessee which thaN be subject to ail the terms And eoaditdons hereof twt alnit be
terminated on ..20 _ days written notice served by ettlrer Lessor or oa the other parg-. tioklover
by the Lessee, without the consent of Lessor, slat! give the Lessor tfo addL~f ri and, of two (s) days
twtioe fcom tassoc, riot or nag !cold over shat! hfa+aee ss Meth pertirs agree be redtanhle trnckr the
circurtfshncea, to twice fife rnftat cbuged herein. Aoy scats for evktioa o~ termhfation dating any holdover
period, Itfdeding raeotable attorneys i'eea, of Letwc, shaft dre paid try Castes et part of the charges ender
this lease.
i~ Sfsrrerrder ~ Preastiaes` A# the eucpittftioa of the tae term, Cartes ahaM gaff and
surrender the premises hereby demised is ss good state sad oaadittoa as t ey was at the comfnencenfefft of
this lease, reasoaaWe use sad wear thereof sad try the deaneab wtpasad.
i7. Defiful!» Tf say debwtt b tttade is the payment of t+Cat~ or nay pert itteroof, at dte tittles
hereinbefore specifkd, ar if say deferdt ~ ands is the perfOra-weoe of or cQmpRaeee with airy other terns or
condition hereof, this lease, at the option of Leteor, tbt~q te:tnittete sad be ~Otfaited, sad Ltaeor nay re-enter
the prernlsea sad r~eanove ail persons thmd'r+otat. Loma: stag he giver wt$ten of arry defafdt ar
breach, sad termination sad forfeiture of the lease sbaq not resole ~, wikhia days of receipt of
sudf notice, I~esau lots aorreded the defantt ar breads or has tslunf action rausoaably likely to• effect such
correction within a nasonalfle titae. Carets aiaA pay alt rduroaabte attiDtaeys' fns nece~ary to enforce
Lessor's rights.
i8. Abrtent Tf at nag !lase dtuleg dte Herat of the Lessee absutdoat the demised
premises or any part ttitee+eof, Lessor' may. at Ms option eater the premises by nay means without
bang Liable for nay proseeutisa thel+efot+s, sad boeoatiag liable Lessee lac datasga or for nay
payment of nay kind tvlatever, and myr, at hit ditet+etion, as agent of tekt the demised premises, or
any rt thereof, for the whole or nay part of the then tfaetcpifad term, may raoeive sad collect alt rent
page b]- vittae o[s~tdf rdettias, sad. at Iatsor's optloe, hold Lessee for ~- ditfer+etfee between the
rent that would have taerr payable ender this lease draisg the balaaoeaF tfnatpired term, if this lease had
continued in foroe, aspd dte net neat far seats period t+ealiaed bg Lessor bg o[ aadf rdettirfg. if tas-or's
rift of re-entry is ex~erdsed followln` abaadomaeat of the premises by ttfat Lessor afay consider
any personal belonging to Lessee sad left oa the premises to have been abandoned, in wltlch
case Lessor magpw~ose of a8 sffah persond propertg is nap mtmaer shaft deem pnfper sad is hereby
relieved of ell liability -for doitfg so.
i9. BindiaR Rffeet. 11fe oovefaats and ooaditbas ifereia ksoataiifed daft apply to and bled
the heirs, legal reprmentatives, and assigns of the parties hereto, sad all ~coveaants are to be rnnatrned as
condition of this leant:.
ao.
'~~ lrr W~tEREf1F~ the pirt#es
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Lessor
have executed Lhis lease on the dRy ettcl year first shove
sf Cos Co ~v1z"R
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les~eE
Nt)'I'tt~ Strte laity eat~t~es + sera eit~rttc+~ for ~ ter rt~r4ri s~reernes#s. 'i'bis
ag~ree~at is r~cqulred cu eo~npiy widr lire Tcust M Rentia~ Aeal a: the appilrarble t.andlord
Tenant StatutC or txrde of goer state. If ~ have a ~~ aiioat lire irrterpretaE#oq tar
legal#ty of a pratris#an of 13r1s •Eetieem~rt, You may want to seat ass4tarree tram a la;~r} er or
etir~r goat#fled person.
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Harry Grossman
P.O. Box 152
New Cumberland, PA 17070
December 13, 2005
Mrs. Paulette .Snyder
J 8s J Custom Counters
Seventh 8k Wctter Sheets
New Cumberland, PA 17070
Dear Paulette:
As you know the rental rate of $2.22 per sgaare foot for the space
you lease has not increased since we started the lease in November 1992.
I have rental rates throughout the complex of $3.50 to $4.95 for
similar space. Since your initial lease and re-tease in 1999 has now
expired and n~verted to a month-to-month tern~y I must inform you that
effective Febn~cary 1, 2006 your r+erttal rate must b~ increeased to $3.25 per
foot on the saa~rce month-to-month basis. This u~oulad then make the
monthly rent tiS'2,329, however, in order to help you work into the new
rates I will off sr you as an alternative to the month to month, a 36 month
Lease as follotus:
1 ~ twelve rrwnths starting Febntary 1, 2006 ($2:50/f t.) _ $1, 792/mo.
2^~ twelve months starting February 1, 2007 (3.p0/fl.) _ $2,150/mo.
3^d twelve nwnths starting February 1, 2008 (350/ft) _ $2,508/mo.
I will akso install water meters for each tenant in order to meter
tenants actua! use of water: Euch tenant will pay only for their actual
crater and seiuer use.
I must ~x~.ow in the next ten (I 0) days if you would prefer the 36-
month lease. Please notcfy me in writing by December 23, 2005 in order to
have the new lease prepared.
Thank ~lou for your cooperation in this matter.
Very truly yours.
-`.
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December 22, 2(~OS
Mr. Harry Grossman
P. Q. Box 152
New Cumberland, PA 1.7070
v~ ~r~r:
After reviewing your letter of December 13~', 2005 I would like to
renew the least at Ca01 Walnut Alley,l~Tew Cumberland PA on a 3G~` month
lease as outline~~.. I would like to keep all the space that I presently have.
Once the new 1<;ase is prepared, please contact me at 774-0895 to make
arrangements tca sign the lease.
Wishing you. and your family a happy and healthy holiday season!
Sincerely,
..:~
Paulette Snyder
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so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
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i _ ..._~ ,......,..~~,~...........~......-..-r-~.,~ r,.,~-.~L-.~ ~-.z-~COMPLA/NT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~~~~~ ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
(SWORN
THIS
w 0-~
rgnature of official belore whom affidavit was made
Title of oftcial
My commission expires on 7 ~' S t , 20~.
COMMONWEALTH OF PENNSYhVANIA
Notarial Seal
Patricia A. Gordon, Notary Public
Fairview Twp., York County
My Cc~"!mission Exni~PS July 31,2009
Member, Pennsylvania A: <vxiation of Notaries
i- ry
(date of service) i`L ~ , 20~ ^ by personal service ^ by ( ~ ~~ )mail,
sender`s receipt atta ed h reto, and upo~i the appellee, (name) ~"~ ~S~ , on
~,Z _ , 20~ ^ by personal service by (certified) (registered) mail,
sender's rece t attached hereto.
^ a copy of the Notice of Appeal. Common Pleas~~l.=~=' upon the District Justice designated therein on
FIRMED) AND UBSCRIBED BEFORE ME
DAY OF o ~~~ , 20~.
~~ ~ ~,~ Signature of affiant
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
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 District Justice on
the date and in the case referenced below.
DATE OF~ EN ~E~CAS/~E OF (Pleintill) c (DMendanf)' _ ~ y
DOCKET No. SIC~IATURE OF APPELLANT OR ATTORNEY O E
~~
~t.tr~~ ~_ `.
This block wilt be signed~ONL11 when this notation is required under Pa. ~ appeJlant was C~r~ (see Pa. R.C.P.D.J. No. ?001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature d P}dhonolery a Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7} in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon ~~~~ ~ ~~"E"-"`+~ appellee(s), to file a complaint in this appeal
! Name of appegee(sj
(Common Pleas No. ~ ,~ ~"" , j ~ (~ ~ ~ )within twenty (20) days after service of le or suffer entry of judgment of non pros.
~' Signature orappegant or atAaney or agent
RULE: To i ~ ,~~ , appellees)
of appegee(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 Persona- Service or by certified or registered mafi.
(2) If you do not file a complaint within this time, a JUDGMENT OF NfNV PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of thi"s~rule if service was by mail is the date of the mailing. _ ~"~
Date: ,~Q. a~~ ~ ~ ~ ` f ~ Gam.
~~ ~ S+gnature of or Deputy
YOU LUST (NCL' UDE,A COPY OF THE NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY
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David J. Lanza
Attorney I.D. No. 55782
CALDW ELL &KEARNS
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorneys for Plaintiff
HARRY GROSSMAN, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 07-5645
PAULETTE SNYDER individually and
t/d/bJa JJ CUSTOM COUNTER and JJ CIVIL ACTION -LAW
CUSTOM CABINETS,
Defendant
PRAEClPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendant,
Paulette Snyder individually and t/d/b/a JJ Custom Counter and JJ Custom Cabinets, in
the amount of $29,541.50 plus costs, and interest from and after October 10, 2007, by-
reason of the failure of the Defendant to enter an appearance or to file an Answer within
20 days of the date of service of the Complaint endorsed with a Notice to Defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed
to the Defendant, Paulette Snyder individually and t/d/b/a JJ Custom Counter and JJ
Custom Cabinets at her last known address on November 8, 2007; said notice being
mailed after the default occurred and at least ten (10) days prior to the date of the filing
of this Praecipe. A true and correct copy of the aforesaid notice, together with receipts
for mailing, are attached hereto and made a part hereof.
DATED: ~ ~ 12~I 61
Respec submitted,
BY: /V
David J. Lanza
Attorney I.D. No. 55782
CALDWELL &KEARNS, P.C.
3631 N. Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff
L~a~tid J. Lanza
I.D. No. 55782
356 North 21st Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
HARRY GROSSMAN,
Plaintiff
v.
PAULETTE SNYDER individually and t/d/b/a
JJ CUSTOM COUNTER and JJ CUSTOM
CABINETS,
Defendant
TO: Paulette Snyder
15 Popps Ford Road
York Haven, PA 17370
(Defendant)
NO. 07-5645
CIVIL ACTION -LAW
DATE OF NOTICE: November 8, 2007
IlVIPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
David Lanza
356 North 21st Street
Camp Hill, PA 17011
(717)730-3775
Attorney for Plaintiff
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
U S Postal Service
CERTIFIED fJIAIL,. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our voebsite at www_usnc onn,
~ Postage $
n'1 Certifted Fee
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