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HomeMy WebLinkAbout03-6411CO~3MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 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 Karl G. Zim~erman ADDRESS OF APPELLANT 200 Petersburg Road OA~rE OF JUOGMENT IN THE CASE OF (PL4INTIFFI MAG. DIST. NO. OR NAME OF D.J. Susan K.Day 09-3-03 cl~Y STATE ZIP CODE Carlisle PA 17013 12/4/03 Charles F. & Dorothy Yana vs. Karl G. ziam~rman CV YEAR LT YEAR LT-0000344-03 John M. h~yams This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. If appeflant was Claimant (see PA R.C.P.J.P. This notice of Appeal, when received by the District Justice, will operate as No, 1001(6)) in action before district Justice. he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy ct notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon .(~le$ F. & Dorothy Ya_.-~a . appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas ,o.("~ _. ~.l.~,, el; &within twenty (20)days after service of ~ RULE: To Charles F. &Dorothv Yana , appellee(s) Name of appellee(s) White Green Yellow Pink Gold (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 er 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 Date'. ~ // _ , Year¢~ ~ %,._ ~[3_~.~;n.a,E,Pro~tno~ Prothonotary Copy Court File Copy Appe~ant's Copy Appellee Copy D. J. Copy Proth. - 76 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 ;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 r--~by (certified) Iregistered) mail, sender's receipt attached hereto, and upon the appollee, (name ............. on _ , year ___, [] by personal service r--]by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on __, year ___ , []by personal service []by (certified} (registered) mai{, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF__ , YEAR My commission expires on _____ , year ~,.COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C~ERLJ~ND Mag. D~$t NO 09-3-03 DJ Name Hen A~ress 229 M~LL STREET, BOX 167 MT. HOLLY SPRINGS, PA (717) 486-7672 17065 ATTORNEY DEF PRIVATE : JOHN M. HYAMS, ESQ. 2320 N. 2ND ST. P.O. BOX 20457 HARRISBURG, PA 17106-0457 THIS IS TO NOTIFY YOU THAT: Judgment: ~' Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRiPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS · ' F-CHARLES F. & DOROTHY YANA -~ 130 FROST RD GARDNERS, PA 17324 L ~ VS. DEFENDANT: NAME and ADDRESS ~IMM~RMAN, KAKL G q 200 PETERSBO'RG RD CA~LISLE, PA 17013 L J Docket No.: LT- 0000344- 03 Date Fled: 11/12/03 FOR Pr.aTNTIFF CHARLES F. & DOROTHY YANA Judgment was entered against ZIMMER.MAN, KARL G in a ~ Landlord/Tenant action in the amount of $ 8,133,00 on 12/04/03 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 1,000.00. The total amount of the Security Deposit is $ .00 Total Amount Establish,.ed,~.~J ,,l~ess. Security Deposit A.p~l~d : $ Adiudicabe, d0A0rr~o.u~b Rent in Arrears $ o, uuu.uu -$ = Physical Damages Leasehold Property Damages/Unjust Detention L~ Attachment Prohibited/ 42 Pa.C.S. § 8127 [--'~ This case dismissed without prejudice. Possession granted. $ .0o -$ .o0 $ .oo -$ .oo Less Ami Due Defendant from Cross Complaint Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total ] Possession granted if money judgment is not satisfied by t~me et ewct~on. ~ Possession not granted. $ $ $ $ $ $ $ $ $ $ $ .00 .00 .00 A,000~0.Q ~33.00 8,133.00 ~--] Defendants are jointly and severally liable, IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HA~ THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITH!N TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OFCOURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WU-L INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. h'~ ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A RE~UE,~. F.~)R ENTRY OF~SATISFACTION WITH ~THE DIS.,TRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR O~'~IE~VIb'~E C0MP[IES WITH T~E J~DGM'EN~'. ' ' .... /,'~ '/"J~"i~,,.~ Date, ~p.~. , District Justice dings II certify that this is a true and o,,~u, containing the judgment. ~ Date '~/ '} ~ , D strict Justice My commission expires first Monday of January, 2004. SEAL AOPC 315 Aj 0,~3, .... COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 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 ADDRESS OF APPELLANT 200 Peter%butt Road DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) I MAG. DIST. NO· OR NAME OF D,J. ~ {)9-3-03 CITY STATE Z~P CODE C~ rlisle ,?A 1,01 ~ C~lM NO. SIG~PEL~ AS~ OV YEAR LT YEAR U~-OOOu34'~-QD This bilk will be signed ONLY when this notation is required under PA. If appellant was Claimant (s~ PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when recei~d by ~e District Justice, wil~ operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS tothe Judgment for ~ssession in this case· MUST FILE A COMP~INT within twenty (20) ~ ~.,~ ~ ~ys after fi},~g his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This s~tion of form to be us~,ONLY w~en a~ellant was DEFENDANT (See PA R.C.P.J.P. No. 1001(7) in a~ion before Distri~ Justice. IF NOT USED, d~chfrom copy ~ ~otice of ~pea] to be se~e~ upon app~[ee. PRAEClPE: To' Proth6nota~ Enter rule upon ~les F. & ~V Y<~ , appellee(s), to file a complaint in this ap~al (Common Pleas .o.~- J'g/I ~'0'~within twenty (20) ' days after se~ice of ru~s~ent~ of~ RULE: To O~-les F. & ~v Ya~-9 . appellee(s) (1) (2) (3) You are notified that a rule is hereby entered upon you to file a complaint in this appeal Wi~in twenty(20) days after the date of service of this rule upon you by personal service or by certified O¢~reglstered mail. ' If you do not file a complaint within this time, a JUDGMENT OF NON PROS W LL SE ENTERED AGAINST YOU UPON PRAECIPE. The date of service of this rule if service was by mail is the date of the ~_m.'li~.ng. '~, Signature of Proth~lotary or Deputy 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 COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the r~otice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~_~ , ~ ; ss AFFIDAVIT: I hereby swear or affirm that I sewed of the Notic~e of Appeal, Common Pleas No. ~--~/J ~ Ii,'/ ' )"~//'[~'~, upon the District Justice designated therein ~ (date of service) .~CtO/.~ J;~)~' /~,~ , year ,-~(~/~ , ['~by personal sel~ice ~]by (certified)(registered) mail, sender's a copy on receipt attached hereto, andupontheappellee,(name C,J,'~ ~1~ . c~ '~/--~-/~. ?..'~L ,on ~'~"~'C.~*~'~J ~ V' J;~'~, year ~,,~t'~_, [] by personal service by (certified) (registered) rn~ail, sen~'der's receipt attached hereto. and further that I served to a Complaint accompanying Appeal upon appailee(s) to the Rule File the above Notice of the whom the Rule was addressed on ~)~C~y)~2~.~'~- ~, , year ~, [] by personal service ~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~'~ DAY OF _.Z/J'~'~-~' , YEAR ~-~"~. Sig~lature o! Affiant My commission expires on , year CHARLES F. & DOROTHY YANA, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA KARL G. ZIMMERMAN, Defendant CASE NO. 03-6411 Civil Term CHARLES F. & DOROTHY YANA, Plaintiff V. KARL G. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL,~qD COUNTY, PENNSYLVANIA CASE NO. 03-6411 Civil Term · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiJpiece, or on the front if space permits. 2. Article Number ('transfer from service labe0 PS Form 3811, August 2001 ~ Name) D. Is delivery; from il 33 17 r-i Yes If YES, enter d, [] No 3. Service Type ~'Certifled Mail [] Express Mai~ [] Registered [] Return Receipt for Merchandi~ [] insured Mai~ [] C.O.D. 4. RestriCted Derive, y? (Extra Fee) [] Yes Domestic Return Receipt 102595-02-M- 1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse 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. 1, Article Addressed to: 1,3o 2. Article Number O'ransfer from service label) PS Form 3811, August 2001 A. Signature D. Is delivery address different from Item 1 ? yes If YES, enter delivery address b~low: [] No 3. Service Type { Certified Mail [] Express Mail Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Domestic Return Receipt CHARLES F. YANA and DOROTHY YANA, husband and wife, Plaintiffs KARL G. ZIMMERMAN and JACKIE GENSLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM CIVIL ACTION-LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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 fights 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WiTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 10. During the Initial Term and the hold over period, Zimmerman has caused damage to the property which includes, but is not limited to, the following: a) broken door glass; b) permitting vegetation to grow in the gutters and c) installation of a pet door. 11. The reasonable charge to repair the items set forth at paragraph # 10 is $400.00. 12. The Residential Lease permits the recovery of attorney fees and court costs paid by Yana in the event of a breach by Zimmerman. COUNT I-BREACH OF CONTRACT CHARLES and DOROTHY YANA v. KARL ZIMMERMAN 13. Plaintiffs incorporate paragraphs one through twelve by reference as though set forth at length. 14. Zimmerman has breached the Residential Lease by failing to make the payments required for rent, taxes and insurance. 15. All conditions precedent to recovery have been fulfilled. 16. As a direct and proximate consequence of the breach of the Residential Lease by Zimmerman, the Yana's have incurred the following damages: Unpaid rent $16,000.00 real estate taxes and insurance $2,585.48 injury to real property $400.00 unpaid water/sewer $209.53 3 17. As a further consequence of the breach of the Residential Lease by Zimmerman, the Yana's have and will continue to incur attorney fees and court costs all of which damages are demanded in accordance with proof at trial. WHEREFORE, Plaintiffs request judgment in their favor and against Defendant in the amount of $19,195.01, plus attorney fees, costs, expenses and interest to the date of award. COUNT II-EJECTMENT CHARLES and DOROTHY YANA v. KARL ZIMMERMAN and JACKIE GENSLER 18. Plaintiffs incorporate by reference paragraphs one through seventeen as though set forth at length. 19. Plaintiffs are the real and record owners of all of the right, title and interest in that certain real property known as 200 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 20. The real property known as 200 Petersburg Road, Carlisle, Pennsylvania is further described as follows: all of that certain lot referenced as 1-C on that certain plan of subdivision recorded at Cumberland County Plan Book 62, page 92 which is incorporated herein by reference as though set forth at length. 21. Plaintiffs' title to 200 Petersburg Road derived as set forth in Exhibit "B" attached hereto and incorporated by reference. 22. Plaintiffs' have demanded that Defendants remove from the property which Defendants have failed and refused to do. 23. Defendants have no title or interest in the property 24. Plaintiffs are entitled to immediate and exclusive possession of the property. WHEREFORE, Plaintiffs request judgment in their favor and against Defendants for ejectment of Defendants from the property, that possession of the property be delivered to Plaintiffs, that Plaintiffs recover their rents and other damages as set forth hereinabove plus expenses and costs. Respectfully submitted, 'BRIEN, BARIC & SC R David A. Baric, Esquire I.D. 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/litigation/yan a/zimmer man/complaint3.pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Charles F. Yana Dorotl~-Y'ana ~/ RESIDENTIAL LEASE .WITH OPTION TO PURCHASE THIS LEASE is made on I~_~Ak~+~ , 2000, between CHARLES F. YANA, ("Landlord") of 130 Frost Road, Gardners, Pennsylvania, and KARL G. ZIMMERMAN, ("Tenant") of 655 Forge Road, Carlisle, Pennsylvania; Landlord hereby leases to Tenant, and Tenant lets from Landlord the premises known as 200 Petersburg Road, Carlisle, Pennsylvania. The premises are let for the term of one (1) year, beginning on October 1, 2000, and ending on September 30, 2001, at the rent of Twelve Thousand ($12,000.00) Dollars per year, payable in monthly installments of One Thousand ($1,000.00) Dollars each on the first day of each month in advance. This letting is on the following conditions, covenants and agreements: 1. RENT: Tenant agrees to pay to Landlord the monthly rent set forth above on the first day of each month, in advance, at the Landlord's residence, or at any other place that Landlord may from time to time request. In the event any monthly installment or any other payment required by Tenant is made by check which is returned by Landlord's bank for nonpayment, a service charge of Twenty ($20.00) Dollars shall become immediately due and payable by Tenant to Landlord, as additional rent. Further, in the event Tenant fails to pay any monthly installment within five (5) days of its due date, Tenant shall pay Landlord a late payment charge of Ten ($10.00) Dollars per day for each day thereafter, as additional rent, until payment of such monthly installment is made by Tenant to Landlord. 2. ADDITIONAL RENT: Tenant shall pay as additional rent all real estate taxes, including county, township, and school district taxes charged during the term of this Lease. Taxes shall be paid during the discount or face period as set forth on tax bills. Additionally, Tenant shall pay all premiums of homeowner's insurance on the premises upon presentation of bills for said insurance by Landlord to Tenant. 3. TERMINATION: This Lease shall terminate on the date set forth in the preamble above and may not be renewed. 4. USE OF LEASED PREMISES: Tenant agrees to use the premises only as his personal residence and agrees not to assign this lease or sublet the premises and shall not make any alterations, additions or improvements to the premises without the prior written consent of Landlord. In the event alterations, additions and improvements are made by Lessee to the demised premises, said improvements shall be and remain the property of Landlord and shall remain upon and be surrendered to Landlord at the termination of this Lease. Landlord consents to the Tenant installing a central air conditioning system in the premises during the term of this Lease. 5. UTILITIES: Tenant shall pay all utilities and services, including but not limited to electricity, sewer and water, telephone, tv cable, trash and garbage removal, and oil heat. In the event Tenant shall fail to pay said utilities and services when due, Landlord may elect to pay the same and may collect for said utilities, as additional rent, such sums as Landlord shall have paid. 6. REPAIRS: Tenant shall promptly make all repairs to the premises, at his cost and expense, and should Tenant neglect to make such repairs or commence to make said repairs promptly, Landlord shall have the right to make said repairs and to collect, as additional rent, the cost and expense of such repairs as Landlord shall have paid. 7. LANDLORD'S LIABILITY: Tenant agrees that Landlord will not be liable for property damage or personal injury occurring in the premises or elsewhere on Landlord's property unless the damage or injury results from Landlord's negligence. 8. FIRE OR CASUALTY DAMAGE: If the premises are damaged by fire or casualty, Landlord must repair the damage within a reasonable time, and rent will continue unless the casualty renders the premises untenantable, in which case this Lease will terminate and Tenant, upon payment of all rent to the date the premises are surrendered, will not be liable for any further rent. If only a portion of the premises is rendered untenantable, Tenant may, with mutual agreement of Landlord, alternatively choose to continue in possession and will be entitled to a pro-rata reduction in the amount of rent. 9. RIGHT OF ENTRY: Landlord, or any person authorized by Landlord, shall have the right to enter the premises at reasonable times to inspect the premises and enforce this Lease. 10. UNLAWFUL ACTIVITY: No unlawful activity or business shall at any time be carried on or conducted upon the premises by the Tenant. Tenant shall conform to and comply with all laws relating to the possession and use of the premises, and he shall fully indemnify, protect and save harmless Landlord against actual or asserted violations and shall pay all costs and expenses of every nature occasioned by or arising out of the possession and use of the premises. 11. REMEDIES FOR DEFAULT: IF TENANT FAILS TO MEET LEASE OBLIGATIONS, THE FOLLOWING PENALTIES MAY APPLY: If the Tenant fails to pay rent or any other sum due under this Lease as additional rent, to Landlord when due, or defaults in any other provisions of this Lease, or removes or attempts to remove his possessions from the premises before paying to Landlord all rent due to the end of the leased term, Landlord, in addition to all other remedies provided by law, may: A. Terminate this Lease; B. Bring an action to recover possession of the premises; Co Bring an action to recover the whole balance of the rent and other charges due under this Lease, of whatever kind and nature, together with any and all consequential damages caused by Tenant's default, including reasonable attorney's fees and court costs. 12. NOTICE TO QUIT: Tenant hereby waives the usual notice to quit and agrees to surrender the demised premises at the expiration of the term hereof without any notice whatsoever. 13. SEVEP~ABILIT~: If any part of this Lease is construed as unenforceable, the remaining parts of this Lease will be in full force and effect as though any unenforceable part or parts were not written into this Lease. 14. OPTION TO PURCHASE: Tenant shall have the option to purchase the premises at the termination of this Lease under the following conditions: A. Tenant shall give Landlord sixty (60) days notice of his intent to exercise this option; B. The option shall be exercised by the Tenant's delivering to the Landlord a signed copy of the Installment Sales Agreement attached hereto as Exhibit "A" together with a certified or cashiers check made payable to the Landlord in the amount of Forty Thousand ($40,000.00) Dollars. Landlord shall, upon receipt of said signed Agreement and check return a signed copy of the Agreement to Tenant within seven (7) days of receipt. 15. ENTIRE AGREEMENT: This Lease represents the final and complete agreement between Landlord and Tenant. Any oral or written promises made by either party prior to the signing of this Lease and not included in this Lease is not enforceable. IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. ~' Charles F. Y~r~ LANDLORD Karl G. Z~erman TENANT INSTALLMENT A~REEMENT OF SALE THIS AGREEMENT, made in duplicate this day of , 2001, by and between CHARLES F. YANA, of 130 Frost Road, Gardners, PA 17324, hereinafter referred to as "Seller", and KARL G. ZIMMERMAI~, of 200 Petersburg Road, Carlisle, PA 17013, hereinafter referred to as "Buyer", WITNESSETH: 1. In consideration of the purchase price of One Hundred Ninety-five Thousand ($195,000.00) Dollars, to be paid as hereinafter set forth, Seller covenants and agrees to sell, grant and convey to Buyer the real estate described in Exhibit "A", attached hereto and made a part hereof, which Buyer agrees to purchase in accordance with the terms and conditions of this Agreement. 2. Buyer agrees to pay therefor the sum of $195,000.00, as follows: $40,000.00, in cash, upon the signing of this Agreement, the receipt whereof is hereby acknowledged by Seller, and the balance of the purchase price, to wit: $155,000.00, shall be payable in full on or before October 1, 2002, with interest thereon from October 1, 2001, at the rate of six and one-half (6~%) percent per annum, said principal and interest to be amortized over a period of thirty (30) years and to be payable in monthly installments of One Thousand ($1,000.00) Dollars, the first of which monthly installments shall be due and payable November 1, 2001, and thereafter on the same day of each ensuing month, which payments shall be credited first to the payment of interest then due, and the balance thereof to the payment of principal until said principal sum and interest shall have been paid in full. All installments of principal and interest shall be payable directly to Seller, or to such authorized agent for Seller as may hereafter be directed in writing. In the event Buyer fails to pay any installment within five (5) days of its due date, Buyer shall pay Seller a late payment charge of five (5%) percent of any such installment, and any late payment charge shall be added to the principal balance of the purchase price in the event it is not paid by Buyer. Further, Buyer shall have the right and privilege to prepay the purchase price in full at any time without penalty. 3. Title to the herein described premises shall be good and marketable, subject only to easements, rights-of-way, zoning regulations, reservations and building and use conditions and restrictions, visible and/or of record, and such as will be approved by an attorney of record of Cumberland County, Pennsylvania, of by a legally recognized and reputable title insurance company at regular rates. 4. The risk of loss caused by any public taking or by fire or other casualty shall be assumed by Buyer on and after October 1, 2001. On and after such date, Buyer agrees to obtain and keep in full force and effect, at Buyer's expense, fire and extended coverage insurance in an amount equal to at least eighty (80%) percent of the then fair market value of any and all improvements or structures erected on the herein described premises, but in no event less than eighty (80%) percent of the replacement cost of all such improvements or structures, in the name of Seller, Buyer and any encumbrance holder whom Seller designates, as their respective interests may appear, as well as liability insurance with respect to said premises to protect Seller against any and all liability. Buyer shall alone by liable for any loss or damage which may arise from any cause whatsoever on said premises and agrees to fully indemnify, protect and save harmless Seller against any such damage, loss or expense as to all claims or liability resulting from accidents, negligence or from any other cause whatsoever. Proof of all such insurance and of the payment of the premiums therefor shall be submitted to Seller at least fifteen (15) days prior to the expiration of such insurance. -2- 5. On and after October 1, 2001, Buyer shall pay all taxes, municipal assessments, utilities and services, dues, charges and assessments, including penalties, interest and fees imposed in connection therewith, levied, assessed or imposed against the herein described premises. In the event that Buyer shall fail to pay said insurance premiums, taxes, municipal assessments, utilities and services, dues, charges and assessments when due, Seller may elect to pay the same and deduct the payments therefor from the principal sums which Buyer shall have paid on account of the purchase price, in which event such sums shall be added to the principal balance of the purchase price. 6. Buyer shall assume and be responsible for the maintenance of the herein described premises in good order, repair and condition on and after October 1, 2001, shall permit no waste therein and shall fully indemnify, protect and save harmless Seller from any and all claims for work and labor done or materials furnished in connection with maintaining said premises in good order, repair and condition. Buyer shall not make any alterations, additions or improvements to said premises without first securing Seller's prior written consent, which consent shall not be unreasonably withheld. Further, Buyer shall conform and comply with all laws and regulations relating to the possession and use of said premises and shall fully indemnify, protect and save harmless Seller against actual or asserted violations and pay all costs and expenses of every character occasioned by or arising out of the possession and use of said premises. 7. Buyer agrees that Seller, or their authorized agents, shall have the right at all reasonable times to enter upon the herein described premises for the purpose of inspection to determine whether Buyer has complied with the terms and conditions of this Agreement. -3- 8. When Buyer shall have fully complied with the terms and conditions of this Agreement, including payment in full of the purchase price and interest thereon, Seller shall make and deliver to Buyer, or his nominee, a properly drawn deed of special warranty in recordable form, duly executed and acknowledged, conveying to Buyer, or his nominee, a good and marketable title in fee simple to said premises, free and clear of all liens and encumbrances, except as herein otherwise provided and except liens and encumbrances created by Buyer, or his nominee, and subject to the covenants, terms and conditions of this Agreement which are intended not to merge with and not to be canceled and destroyed by the aforementioned deed. At the time of delivery of said deed, all realty transfer taxes shall be paid equally by Buyer and Seller. In the event Buyer, or his nominee, shall require a survey of said premises, all costs and expenses incurred in connection therewith shall be the responsibility of Buyer, or his nominee. 9. In the event of a default in any of the terms or conditions of this Agreement by Buyer for a period of thirty (30) days, thereafter upon fifteen (15) days prior written notice to Buyer of such default, Seller shall have the right and privilege of declaring this Agreement null and void and of demanding immediate possession of the herein described premises, and thereupon all sums paid by Buyer under this Agreement shall be retained by Seller as liquidated damages. Further, in the event of any such default by Buyer, any attorney in any court of record in Pennsylvania is hereby authorized by Buyer to appear for and to confess judgment in ejectment in favor of Seller and against Buyer, with costs of suit, without stay of execution and with five (5%) percent of the unpaid principal balance added as reasonable attorney fees, waiving and releasing all errors, defects, objections or exceptions in and to such proceeding and the immediate issuing of a writ of possession thereon. -4- EXHIBIT "B" Title Abstract for 200 Petersburg Road, Carlisle, Pennsylvania 1. W.R. Feuchtenberger to Judson N. Davids and Edith A. Davids by deed dated October 25, 1946 recorded at Cumberland County Deed Book 13 'T' 420. 2. Judson N. Davids and Edith A. Davids by deed dated July 14, 1977 to Charles F. Yana and Lily E. Yana recorded at Cumberland County Deed Book 27 H 367. 3. Lily E. Yana to Charles F. Yana by deed dated October 6, 1982 recorded at Cumberland County Deed Book 29 "X" 813. CHARLES F. YANA and DOROTHY YANA, Plaintiffs KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM MOTION FOR RELEASE OF MONTHLY RENTAL PAYMENT NOW, come Plaintiffs, Charles F. and Dorothy Yana, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Motion for Release of Monthly Rental Payment and, in support thereof, set forth the following: 1. Plaintiffs initiated a Landlord/Tenant action with District Justice Susan K. Day. 2. By decision dated December 4, 2003, District Justice Day awarded Plaintiffs the sum of $8,133.00 and possession of certain real property known as 200 Petersburg Road, Carlisle, Pennsylvania. Docketed to No. LT-0000344-03. A true and correct copy of the judgment is attached hereto as Exhibit "A." 3. Defendant filed an appeal from the District Justice decision with the Prothonotary of Cumberland County docketed to No. 03-6411 filed on December 11, 2003. 4. In accordance with Pa.R.D.J. 1008 B., Defendant has deposited with the Prothonotary, the sum of $3,000.00 representing three (3) months of rent payments. 5. pursuant to Pa.R.D.J. 1008 B., Plaintiffs may request release of appropriate sums from the escrow account on a continuing basis. 6. As of the date hereof, Defendant remains in possession of the premises at 200 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Plaintiffs request that this Court direct the Prothonotary to release to Plaintiffs the monthly rent paid in for the month of December, 2003 and for each month completed while Defendant remains in possession of the property pending resolution of the matter upon certification by Plaintiffs that Defendant has remained in possession. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/litigation/yana/zimmerman/rentpayment.mot COMMONWEALTH OF PENNSYLVANIA ~OUNTY OF: CUMBERLAND 09-3-03 SUSAN' K. DAY ~,os. 229 MILL STR. EET, BOX 167 MT. HOLLY SPRINGS, PA ~.,.~,o~. (717) 486-7672 17065 ATTORNEy FOR PLAINTIFF : DAVID A. BARIC, ESQ. 17 W. SOUTH ST. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: NO'TICE OF JUDGMENT/TRANSCRIPT PLA'NT,F~:RESIDENTIAL LEASE ~CHARLES F. & DOROTHY YANA -] 130 FROST RD GARDNERS, PA 17324 DEFENDANT: VS. J 2OO P .TERSBURG RD CARLISLE, PA 17013 ~DocketNo.: 11/12/03 lDateFiled: LT-0000344- -- _ FOR PLAINTIFF i~ Judgment was entered for: (Name) CHA~L_m.S F. & DOROTHY YANA ~'~ Judgment was entered against ZIt.~..~, KARL G Landlord/Tenant action in the amount of $ --- 8 ,-~33.00 1 ........ ina The amount of rent '"er ........... - ¢"""" ' uu on ,4!_ue/u5 fDate nf The ,,-,,~, .......... ..~ ,,lu-~., as established Dy the District Justice, is $ ._~I,~Q~) 0 ~'0 n .... u.,,~-u ....... -, ~,,,uum ur [ne security D.__eposit is $ .00 '--'--"'"-'"'='=~' Tota Amo..t Estab,s, d 0 BSS. Security Depos,t = Adiud ca e.d ou_. Rent in Arrears $_ · _ $ Physical Damages Leasehold Property $ '. 00 - $--~ = $ Damages/Unjust Detention .00 = ,~_ .Of) $ -O0 --$ -O0 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ . J--]Attachment Prohibited/ L/T Judgment Amount $ S. 42 Pa.C.S. § 8127 Judgment Costs -- Attorney Fees $ . · ~ This case dismissed without prejudice. Total Judgment $ 8,133.00 ~ X--~ Possession granted. Post Judgment Credits $ Post Judgment Costs $_  Certified Judgment Total $_ - .... Possession granted if money judgment i m sat~sheo Dy t~me ot ewct~5n. 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 OBTA N A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WiTH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ONTHE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLV NG A RES DENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOT CE 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/I'RANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED RY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS --- ~ \ A REQUEST FOR ENTRY OF SATISFACTION W TH THE D .............. ._, ANYONE INTERESTED IN THE.'kJUDGMENT MAY FILE ~/H u/,JU~/I'JE IP THE JUDGMENT DEBTOR PAYS IN EULL, SETTLES, oR COMP.UES W,TH.TH. JU.DG ,E T. ... CERTIFICATE OF SERVICE I hereby certify that on January '7 , 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion For Release Of Monthly Rental Payment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: John M. Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 Jackie Gensler 200 Petersburg Road Carlisle, eenmy~vania 17013 David A. Baric, Esquire CHARLES F. YANA and DOROTHY YANA, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants NO. 2003-6411 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this ~ day of ~J'~ __, 2004, upon consideration of the Motion For Release Of Monthly Rental Payment, a role is issued upon Defendants to show cause, if any there be, why the relief requested in the Motion slhould not be granted. Rule returnable. /O days from service. ffl~)avid A. Baric, Esquire Bnen, Banc & Scherer 17 West South Street Carlisle, Pennsylvania 17013 ~/'John M.'Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 ~Jackie Gensler 200 Petersburg Road Carlisle, Pennsylvania 17013 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Cb~BERLAND YANA CHARLES F ET AL VS ZIMMERMAN KARL G ET AL CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE GENSLER JACKIE DEFENDANT , at 2045:00 HOURS, at 200 PETERSBURG ROAD CARLISLE, PA 17013 JACKIE GENSLER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 2nd day of January , 2004 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this y-~ day of ~2~7' A.D. ~ P~ot honor ary So Answers: R. Thomas Kline oi/o5/ oo4 OBRIEN BARIC SCHERER ~c~---~eputy Sheriff CHARLES F. YANA and DOROTHY YANA, husband and wife, Plaintiffs KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM CIVIL ACTION-I_.AW MOTION TO MAKE RULE ABSOLUTE NOW, come Plaintiffs, Charles F. Yana and Dorothy Yana, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Motion to Make Rule Absolute and, in support thereof, set forth the following: 1. On January 7, 2004, Plaintiffs file a Motion for Release of Monthly Rental Payment in the above matter. A true and correct copy of the Motion is attached hereto as Exhibit "A" and is incorporated. 2. This Court, Guido, J., issued a rule to show cause why the Motion should not be granted dated January 13, 2003. The rule was returnable ten (10) days from service. A true and correct copy of the rule is attached hereto as Exhibit "B" and is incorporated. To the date hereof, no response has been filed by the Defendants to the rule to show cause. 4. 5. Defendants continue to remain in possession of the leased premises. Defendants filed their appeal from the District Justice decision with the Prothonotary on December I 1, 2003. 6. Pursuant to Pa.R.D.J. 1008 (B), the Defendants are required to pay into the prothonotary the monthly rental mount every thirty (30) days fi:om December 11, 2003. WHEREFORE, Plaintiffs request that the rule be made absolute and this Court issue an order directing the prothonotary to release to Plaintiffs the rent paid by Defendants for the month of December, 2003 and to release future payments to Plaintiffs upon monthly certification by Plaintiffs that Defendants remains in possession. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/litigation/yana/zimmerman/absolute, mot CHARLES F. YANA and DOROTHY YANA, Plaintiffs KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this __. day of _, 2004, upon consideration of the Motion For Release Of Monthly Rental Payment, a role is is, sued upon Defendants to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable days from service. BY THE COURT, David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 John M. Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 Jackie Gensler 200 Petersburg Road Carlisle, Pennsylvania 17013 EXHIBIT "A" CHARLES F. YANA and IN THE COURT OF COMMON PLEAS OF DOROTHY YANA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2003-6411 CIVIL TERM KARL G. ZIMMERMAN and JACKIE GENSLER, fe c~ De ndants : ~_, MOTION FOR RELEASE OF MONTHLY RENTAL PAYMENT NOW, come Plaintiffs, Charles F. and Dorothy Yana, by and through their att0me½~ O'BRIEN, BARIC & SCHERER, and file the v~thm Motion for Release of Monthly-Rent~ Payment and, in support thereof, set forth the following: Plaintiffs initiated a Landlord/Tenant action with District Justice Susan K. Day. By decision dated December 4, 2003, District Justice Day awarded Plaintiffs the sum of $8,133.00 and possession of certain real property known as 200 Petersburg Road, Carlisle, Pennsylvania. Docketed to No. LT-0000344-03. A tree and correct copy of the judgment is attached hereto as Exhibit "A." 3. Defendant filed an appeal from the District Justice decision with the Prothonotary of Cumberland County docketed to No. 03-6411 filed on December 11,2003. 4. In accordance with Pa.R.D.J. 1008 B., Defendant has deposited with the Prothonotary, the sum of $3,000.00 representing three (3) months of rent payments. 5. Pursuant to Pa.R.D.J. 1008 B., Plaintiffs may request release of appropriate sums from the escrow account on a continuing basis. 6. As of the date hereof, Defendant remains in possession of the premises at 200 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Plaintiffs request that this Court direct the Prothonotary to release to Plaintiffs the monthly rent paid in for the month of December, 2003 and for each month completed ~vhile Defendant remains in possession of the property pending resolution of the matter upon certification by Plaintiffs that Defendant has remained in possession. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Bafic, Esquire I.D. # 44853 17 West South Street Carlisle, PeJmsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/litigation/yana/zimmerman/rentpayment, mot COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 SUSAN K. DAY ~'°" 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA 486-7672 17065 ATTORNEY FOR PLAINTIFF : DAVID A. BARIC, ESQ. 17 W. SOUTH ST. CARLISLE, PA 17013 PLAINTIFF: RESIDENTIAL LEASE FCHARLES F. & DOROTHY YANA 130 FROST RD GARDNERS, PA 17324 VS. D~FENDANT: FZIMMEm4AN, KAro. G 200 PETERSBURG RD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRiPT IDocket No.: LT-0000344-03 Date FiJed: 11/12/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ir~-] Judgment was entered for: (Name) ~ES F. & DORO.z. tt~ YAN~ Judgment was entered against ZIMMer, ~ G in a [] LandlordFrenant action in the amount of $ 8,133.00 on ..12/04/03 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 1,000.00. The total amount of the Security De..~._posit is $. .00 Total Amount Established bvDJ Less .Security Deposit A.p~)l~d = Adjudica~e,d0A0r~?~- Rent in Arrears $ 8,000.00 - $ = $_.. Physical Damages Leasehold Property $. '. 00 - $ .00 = ~_ Damages/Unjust Detention $ .0 O - $ _ O 0 Less Amt Due Defendant from Cross Complaint $ ] Attachment Prohibited/ 42 Pa.C.S. § 8127 · [] This case dismissed without prejudice. ~--~ Possession granted. E~ Possession granted if money judgment Possession not granted. .00 Interest (if provided by lease) $ . ~3 n !_Fi- Judgment Amount $_ Judgment Costs $ 133. O 0 Attorney Fees $ Total Judgment $_, 8,133, O0 Post Judgment Credits $ Post Judgment Costs $_ Certified Judgment Total $ not smashed Dy time of eviction. O 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 WITH!N TEN DAYS AFTER THE DATE OF ENTRY OF JUOGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WiLL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ONTHE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL· EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS ANVC,~c,r.i.~c,===eTCn,,.,?u~.~?,~.~~' '-' '. A REQUEST FOR ENTRY OF SATISFACTION WITH TI-I~ nl~TO,(~T /llqTIt"~: I= ~uc ~,~'~'~ "''~ .......... r~ uuuuMENT MAY FILE .................. -,,=.~,-,uuMENT DEBTOR PAYS N ULL OR ?~HER.~.ISE COMP.I. IES WITH.TH.E J~DG~ME~{T;'I' - _. E , SETTLES, 'i, ,-.,~,~, , ~trict Justice CERTIFICATE OF SERVICE I hereby certify that on January. '~ , 2004, I, David A. Baric, Esquire ofO'Brien, Baric & Scherer, did serve a copy of the Motion For Release Of Monthly Rental Payment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: John M. Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 Jackie Gensler 200 Petersburg Road Carlisle, Penn. y4xvania 170 David A. Baric, Esquire CHARLES F. YANA and DOROTHY YANA, Plaintiffs KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this ~ day of ~J'~ ,2004, upon consideration of the Motion For Release Of Monthly Rental Payment, a rule :is issued upon Defendants to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable /O days from service. BY q David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 John M. Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 Jackie Oensler 200 Petersburg Road Carlisle, Pennsylvania 17013 TRUE COPY FROM RECe?D, In T:~stimony whereof, I here unto '~' ;:and EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on January 28, 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: John M. Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 Jackie Gensler 200 Petersburg Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire CHARLES F. YANA and DOROTHY YANA, husband and wife, Plaintiffs KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM CIVIL ACTION-LAW ORDER AND NOW, this day of ~-- // ,2004, upon consideration of the Motion to Make Rule Absolute, the Prothonotary of Cumberland County is directed to release to Plaintiffs, Charles F. Yana and Dorothy Yana, the escrowed rent paid by Defendants, Karl G. Zimmerman and Jackie Gensler, for the month of December, 2003 and thereafter the Prothonotary shall release monthly rent payments paid into escrow by Defendants, Karl G. Zimmerman and Jackie Gensler, upon the Prothonotary receiving a certification by Plaintiffs, Charles F. Yana and Dorothy Yana, that Defendants, Karl G. Zimmerman and Jackie Gensler remain in possession of the rental unit which is the subject of this matter. 1428 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 PAY TO THE ORDEROF ~hR~]~ ~. YRnR RnA )'~T73~h~ 60-150~8 313 ]~eh~,~ 3 ~2D04 PRO T HOllO TaR Y ~UUUiIO~ SUUCT~ rs 3,000.00 DOLLARS )3-6411 - "release rent" Yana vs Zinmerman 11315302042004 Cumberland County Pr~honotary's Office Pa~e 1 PYS405 Manual ReLease ~neck Register 2/0~/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release 3858 SHETRON WELDING & FABRICATION Check Date: 02/04/2004 Check No.: 1428 RENT 2003- 06411 PYMT/CHECK 3000.00 12/11/2003 Payee total: 3000.00 Grand total: 3,000.00 CHARLES F. YANA and DOROTHY YANA, husband and wife, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants. : CIVIL ACTION-LAW PRAECIPE FOR TERMINATION OF SUPERSEDEAS TO: Curtis Long, Prothonotary Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Pa.R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days. Charles F. Yana Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the supersedeas is terminated. rothonot~ ~/ -- CHARLES F. YANA and DOROTHY YANA, husband and wife, Plaintiffs, KARL G. ZIMMERMAN and JACKIE GENSLER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO[;NTY, PENNSYLVANIA NO. 2003-6411 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE WITH PREJUDICE TO: CURTIS LONG, PROTHONOTARY Please mark the above matter as discontinued with prejudice. Date: BRIEN, BARIC & SC!~ER David A. Baric, Esquire ID#44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on July 6, 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Discontinue with Prejudice, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: John M. Hyams, Esquire Cunningham & Chemicoff 2320 North Second Street Harrisburg, Pennsylvania 17110 Jackie Gensler 200 Petersburg Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire