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HomeMy WebLinkAbout08-0451 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. n1A - 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. ' NY1G. DIST. NO- D.J. U? \ 1 corn _? n r1 ?c ra r-k 09-a ` ? v. ?? r r 20.1 l o -al zFCODE U-4o 13 ? off" a0 - D` w &%l Inn 0 Q.L_.'J %1I i ft C_R(-? Y- W k\,\ A rn T-,1 L-PcLr A DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sormft" of Proowwl ry or Deputy appellant was Clalfnant (see Pa. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon rt (m are, W 1 l 1 A M , LTA appellee(s), to We a complaint in this appeal Name of appeWee(s) (Common Pleas No. 4 v 1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 'L Lq Signdw& or appellant or artomey or agent RULE: To 1 M 0r R_ t? 1 1 appellees) Name of appeaee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Ja,,,, , 20 Signattae of Protllohola YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - 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 BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was made Title of official my commission expires on 20 c` CS u G Signature of affiant M i..._ 0 li'v r.? -t COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBE CLAM Mag. Dist. No. 09-2-01 MDJ Name- Hon. PAULA P. CORREAL Address: 2260 SPRING RD SUITE 83 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF. RESIDENTIAL LEASE NAME and ADDRESS FOILMORE, WILLIAK/ALETA H 94.W MAIN ST PO BOX 120 LPLAIElIELD, PA 17,080 J VS. DEFENDANT: NAME and ADDRESS FCARTER, 11ILLIA111I, ET AL. 359 E STREET CARLISLE, PA 17013 LAURA CARTER L J 359 E STREET Docket No.: LT-0000165-07 CARLISLE, PA 17013 Date Filed: 10/26/07 THIS IS TO NOTIFY YOU` THAT: k _Jud !nraent ' ,.'M! -;?? MX Judgment was" entnered''for:mr. (Name) WrT wORE, NILLIAI[/ALETA H + Judgment was entered against CARTER, LAURA in a ® Landlord/Tenant action in the amount of $ 2,454.18 on 12/20/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00. The total amount of the Security Deposit is $ 800.00 Total Amount Establishedd byY MgJ Less • Security Deposit Applie = Adjudicated n unt Rent in Arrears 1, ZS 00- .0 ? Physical Damages Leasehold Property $ 560.00 - $ .00 = $__ 1 560.000 0 Damages/Unjust Detention $ _ e0 - $ -0 0 = $ 00 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ ne L/T Judgment Amount $ ?, 840 00 ? Attachment Prohibited/ Judgment Costs $ _ 11114.7a 42 Pa.C.S. § 8127 Attorney Fees $ rie0 _ eo ? This case dismissed without prejudice. Total Judgment $ 2,454.78 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa Is le by time o eviction. ? Possession not granted. ? Defendants are jointly and severally.liable. IN %, N'ACTION-INVOLVING°A RESIDENTIAL LEASE, ANY'PARTY HAS THE RIGHT TO APPEAL FROM.A JUDGMENT. FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST:CdME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBT601 PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t 12 ` d 7 Date , Maglstivial'Dis'trict Ju er ce I y that this is a-true an eor ec c y o the reeo e• rocee i s n ming the )u gmen . ?. - ??' Date J , Magiste•i??if"IDlst'rlct Jude ?..?Mir commission expires first Oo day of January, 2012 SEAL J AO C 315A-O6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C> MBERLA n Mag. Dist. No.: MDJ Name: Hon. 09-2-01 PAULA P. CORREAL Address 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 WILLIAM CARTER 359 E STREET CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rAILMORE, WILLIAM/AL8TA H 94 W MAIN-ST PO BOX 120 LPLAINFIELD, PA 17080 J VS. DEFENDANT: NAME and ADDRESS rCARTER, WILLIAM, ET AL. ? 359 E STREET CARLISLE, PA 17013 L J Docket No.: LT-0000165-07 Date Filed: 10/26/07 l THIS IS TO NOTIFY YOU THAT: ?.:.: Fxl' Judgment: Judgment was entered for: (Name) GILMORE WILLIAM/ALETAA 8 Judgment was entered against CARTER, WILLIAM in a La 1 Landlord/Tenant action in the amount of $ 2.454.78 on 12/20/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00. The total amount of the Security Deposit is $ 800.00 Total Amount Establishedd by MDJOLOess Security Deposit Appliedd Rent in Arrears $ 1, 280. 0 0 = Adjudicatted gmount 1 250 00 Ph si l D . $ , . y ca amages Leasehold Property $ Damages/Unjust Detention $ 560.00-1 . 00 = $ = 560.00 _ 00 - 00 $ e0 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ . oe UT J d Attachment Prohibited/ u gment Amount $ , 940 00 ? 42 P Judgment Costs $ a.C.S. § 8127 _ 1114 78 Attorney Fees $ r ? This case dismissed without prejudice. Total Judgment $ oo oe _ 2,454.78 ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ,Magisterial District Judge ce i y that this is a tr an e con o f c o he procee I on ainmg a fu gment. -dO - Date Magisterial District Judge My commission expires first Monday of January, 2012. AO PC 31SA-06 SEAL U.S. Postal Service CERTIFIED MAIL,,., RECEIPT (Domestic Mail Only; No Insurance Coverage Prodded) For delivery information visit our website at www.usps. om® p- i rU Postage $ rr-- [[ryry P'l 7 1 r Certified Fee ?1 O Postm l ? M Return Receipt Fee ? y t y H ' p C3 uired) dorsement Re E ,, . q n O ( O Restricted Delivery Fee (Endorsement Required) 217QD Cb? O 0 Total Postage & Fees $ ''c ` `i II I o Sent T, N ?t?MOre _ 1=3 Street, pt.No. ?11?Qm- --A--- ------------------? ; M orPOBoxNo. -Q _ f?(1l 4 n^ PROOF OF SERVICE OF NOTICE OF APPEAL AND (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER }Aim COMMONWEALTH OF PENNSYLVA COUNTY OF 0, IQ ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served TO FILE COAIPLNNT rw6 ae of appeal. Check applicable boxes.) -, a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) T , 20 00 , ,K,6y personal service ? by (certified) (registered) mail, -rte sender's receipt attached hereto, and upt n the appellee, (name) 4 t dZ.S7 l - ) _?- , 20 U ? by personal service Vby (certified) (register ma m sender's receipt attached hereto. (SWO?-LAFFIRMED) AN SUBSCRIBED BEFOtUE THIS_ DAY OF' 20 Signature of official before whom affidavit was made Title of official My commission expires on 20N_-. COMMONWEALTH O, P UNSVII VA NOTARIAL SEAL DAR= A. NEIL. Notary P #0 km of C"W. Curabrrirnd 1 Clow"" El" No, Q ? --f -. J r cadz-'n Signature ofafdant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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. { V.J. cn c+ ?c? r-k p? - - p 1 i c. C.. r r e.a 1 t DATE OF JUDGMENT IN THE JsE OF (Pf" ( $ to - a`- - t q1 p f E L'i q k4-. » C-f?'rA- r U 01 k A M lkf-6 DOCKET No. SIGNATURE OF APPELLANT OR ATT OR AGENT `--7" _ 0o o O 1 Co5 ° or- 1 This block will be signed ONLY 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 SUPERSEDEAS to the judgment for possession in this case. sonstum of PMfN xVWy of DOPW NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT was W&Vwnr (see Pa. R.C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of ap#e1 to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon C-0 1 Y'Y') G .{,? t (({ M {- C' appellee(s), to file a complaint in this appeal Name Of BAPSN e(s) (Common Pleas No.e? within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signetwe orepnelient K>ratramey-agew RULE: To L t ey., G r 2 1 I At.,, appellee(s) Name ofSAWMee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ja g,. Z /!, , 20 !6 Signahme of Pfotlrorwr YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE n?Y MlnI TA Isr wl*f1\IlI? w?a aw?.. • ?? ww• w ww ?.. ?? -_ WILLIAM GILMORE and ALETA GILMORE, husband and wife, Plaintiffs. V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008451 CIVIL ACTION NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WILLIAM GILMORE and ALETA : IN THE COURT OF COMMON PLEAS OF GILMORE, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs. . V. NO. 2008451 CIVIL ACTION WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. COMPLAINT AND NOW, this 25th day of January, 2008, come the Plaintiffs, WILLIAM and ALETA GILMORE, by and through their attorneys, Irwin & McKnight, and make the following Complaint against the Defendants, WILLIAM and LAURA CARTER, husband and wife, averring as follows: 1. Plaintiffs are William Gilmore and Aleta Gilmore, adult individuals principally residing at 94 West Main Street, Plainfield, Pennsylvania 17080. 2. Defendants are William Carter and Laura Carter adult individuals principally residing at 359 E Street, Carlisle, Pennsylvania 17013. 3. Plaintiffs are the owners of a certain property known and numbered as 212 Fern Avenue, Carlisle, Pennsylvania 17013 (the "Premises"). 4. On or about June 7, 2005, Plaintiffs and Defendants entered into a written residential lease of the Premises for a two (2) year term. The lease term was to begin on August 1, 2005, and end on June 30, 2007. A true and correct copy of the written lease agreement dated June 7, 2005 is attached hereto and incorporated herein as Exhibit "A." 5. According to the terms of the lease agreement, Defendants were to pay rent in the amount of $800.00 per month and were responsible for paying the utilities, including trash, water and sewer fees. 6. Toward the end of September in 2006, Defendants orally communicated to the Plaintiffs that they were going to move out of the premises prior to the completion of the lease term. 7. Plaintiffs refused to release Defendants from the terms of the lease agreement. 8. Defendants vacated the premises at the end of November, 2006. 9. New tenants moved into the premises at the beginning of December, 2006. 10. Defendants failed to pay half of October's rent and all of November's rent, failed to pay five months worth of water and sewers fees, and failed to pay 2 months worth of trash fees. 11. Paragraph 24 of the lease agreement allows for the Defendants to end the lease term early only if. Plaintiffs agree in writing; Defendants give at least 90 days written notice; Defendants pay an early termination fee of $800.00; and Defendants continue to pay all rent and utilities until a new tenant is approved and begins renting the premises 12. Defendants did not receive Plaintiffs agreement in writing, failed to give at least 90 day written notice, failed to pay the $800.00 early termination fee, and failed to continue paying all rent and utilities until the new tenants began renting the premises. 2 13. By failing to follow the terms of the lease agreement, Defendants are in material breach of contract. 14. Defendants failed to cure the breach despite being given notice and numerous opportunities by the Plaintiff. 15. As a consequence of Defendants' breach, Plaintiff had to pay the trash, water and sewer bills incurred by Defendants. 16. In addition, Plaintiff incurred costs and attorneys fess in the filing of a successful Magisterial District Justice Complaint. 17. Paragraph 23 of the lease agreement allows for Plaintiffs to recover costs and reasonable attorneys fees incurred as a result of Defendants' breach. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount less than the arbitration amount of Fifty Thousand and no/100 ($50,000.00) Dollars, together with reasonable attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. Respectfully Submitted, IRWIN & McKNIGHT By: Matthew A. McKnight, Esquire Supreme Court ID No. 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: February 7, 2008 Attorney for Plaintiffs 3 EXHIBIT "A RESIDENTIAL LEASE LR This farm recommnded and anranwA f I..r rv..r.:,?1.A a..r. ti.,. a. '.rx,. a?._a.__:...___._ ANDLORD'S BUSINESS RELA ONSHIP WITH PA LICENSED BROKER BROKER(Company) - )C?'Xei4lr PHONE /j ',,1451 2 AGENT ? c t r.r r / r /y a FAX ADDRESS ! <> r'/ Designated Agent(s) for Landlord, if applicable: OR Broker is NOT the Agent for Landlord and is a/an: ? AGENT FOR TENANT ? TRANSACTION LICENSEE TENANT'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) J _ PHONE AGENT FAX ' ADDRESS Designated Agent(s) for Tenant, if applicable: OR Broker is NOT the Agent for Tenant and is a/an: AGENT FOR LANDLORD ? SUBAGENT FOR LANDLORD ? TRANSACTION LICENSEE wnen me same droner is Broker for Landlord and Broker for Tenant, Broker Is a Dual Agent. AB of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Landlord and Tenant. If the same Licensee is designated for Landlord and Tenant, the Licensee is a Dual Agent. Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Lease. I 1. 2 3 4 5 6 7 8 9 2. 10 11 12 13 14 3. 15 16 17 18 19 This LEASE, dated LANDLORD(S) PARTIES between !, e, 20 4• 21 22 23 g• 24 25 26 27 28 RENT AND DEPOSIT 29 fr. RENT 30 (A) s Rent is due in advance, without demand, on or before the day of each month 31 3 (B) . The total Rent due each month is: ..................................................................................................$ Yi?, , ,."i"• 2 (C) The total amount of n is: .................................................$ `1 1 r^ 33 (D) If Rent is o + g 34 ( [) All other payments due from Tenant o b Landlord, d, including Late Charges or utility charges, are considered t t he Additional 35 Rent. Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent. 36 (F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will be applied 37 against the current Rent due. 38 39 (G) Tenant will pay a fee of S,1;i i:4 A }c fiir any payment that is returned by any financial institution for any reason. Any Late Charges will continue to apply until a valid payment is received. 40 (H) Landlord will accept the following methods of payment: ? Cash •? Money Order .l] Personal Check Al ? Credit Cards ? Other: ? Other: 42 7. PAY MENT SCHEDULE Due Date Paid Due 43 (A) Security Deposit, held in escrow by: l• ; !/ M 1 , - /?r:;,. $ r' ' , , $ 44 Held at (financial institution): 45 (B) First month's rent: j,r ; ,t [•`C _, $ $ -? 46 (C) Other: $ $ 47 (D) Other: $ $ 49 Total Rent and security deposit received to date: .................................................... $ 49 50 Tena Total amount due ?- nt Initial : ! s: ; LR Page I of 4 Landlord Initials ® t?ortasylvania Aaaaciatlon of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS06 2003 REALTORS* v 11/03 nw..rrrr•.r?w.r called "Landlord," and TENANT(S) {1/, ; r'rr7!?; ' it/!' 2 f+7 t % r> r' ri t called "Tenant," for the Property located at w?- i c r "? // r• c / c /, r:?; mar/ -? called "Property" Each Tenant is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs. CO-SIGNERS Co-signers: Each Co-signer is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs. Co-signers do not have the right to occupy the Property as a Tenant without the Landlord's prior written permission. LANDLORD CONTACT INFORMATION Rental Payments, r / Maintenance Requests: Payable to: L: %/ Contact Address: Address: Phone: d_. Fax: r rb' Phone: Fax: r u RENTAL TERM START AND END DATES OF7EASE (also called "Term") (A) Start Date: ltd at %? - a.m?fi-b (B) End Date: at a.m,/p.m, RENEWAL TERM (check one) ? This Lease will AUTOMATICALLY RENEW for a term of (also called the "Renewal Tcrm") at the End Date of this Lease or at the end of any Renewal Tenn unless: I . Tenant gives Landlord at least days written notice before End Date or before the end of any Renewal Term, OR 2. Landlord gives Tenant at least days written notice before End Date or before the end of any Renewal Term. a This Lease will TERMINATE on the End Date unless extended in writing. 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 10 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 r [• A— 51 S. RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) 51 52 (A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mail- 52 53 ing address where Landlord can return the Security Deposit. 53 54 (13) Within 30 days after Tenant moves from the Property, Landlord will give Tenant a written list of any damage to the 54 55 Property that Landlord claims Tenant is responsible for. 55 S6 (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit s6 57 will be returned to Tenant within 30 days after Tenant moves from the Property. 57 ss 9. 59 60 61 62 F1 10. 64 65 6F 67 6B 69 10 71 11. 72 73 74 75 76 79 79 12. 80 81 82 83 13. 84 65 BF 88 14. 89 90 91 92 93 94 95 96 97 98 99 too tot tot 103 104 105 106 15. 407 108 109 110 111 112 111 114 115 116 117 118 119 120 121 122 CARE AND USE OF PROPERTY USE OF PROPERTY AND AUTHORIZED OCCUPANTS (A) Tenant will use PropeT?y?as a residence ONLY. (D) Not more than "T people will I}'ve on Property, List all othc4 paragraph 1: it _"I f,11 I , 04 /1 i?rr? lr occupants who arc not listed as Tenants in POSSESSION (A) Tenant may move in (take possession of the Property) on the Start Dale of this Lease. (I3) If Tenant cannot move in within ( days after Start Date because the previous tenant is still there or because of property damage, Tenant's exclusive rights are to: I . Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property is available; OR 2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the part of Landlord or Tenant. LANDLORD'S RIGHT TO ENTER (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair, or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or they have written permission from the Landlord. (13) When possible, Landlord will give Tenant 3 hours notice of the date, time, and reason for the visit. (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was there and why within 24 hours of the visit. (D) Landlord may put up For Sale or For Rent signs on or near Property. CONDITION OF PROPERTY AT MOVE IN Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following: APPLIANCES INCLUDED _ Stove Refrigerator Dishwasher ? Washer ? Dryer ft"Garbage Disposal .J? Air Conditioning []Other []Other Landlord is responsible for repairs to appliances listed above unless otherwise stated here: 86 87 UTILITIES AND SERVICES 88 Landlord and Tenant agree to pay for the charges for utilities and services prov ided for the Property as marked below. If a serv- 69 ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not respon- 9o siblc for loss of service if interrupted by circumstances beyond the Landlord's control. 91 Landlord Tenant Landlord Tenant 92 pays ? pays ? Cooking Gas pays ? pays d Air Conditioning 93 94 ? Electricity ? Cable Television 95 ? Q (feat ? ? Condominium Fee 96 ? Hot Water ? ? Parking Fee 97 ? 14 Cold Water ? ? Maintenance of Common Areas 98 ? b Trash Removal ? 51 Pest/Rodent Control 99 ? C Sewage Fees ? d Snow/Ice Removal 100 uj ? Sewer Maintenance ? if Telephone Service 101 ? Q Lawn and Shrubbery Care ? 0 102 ? L? Heater Maintenance Contract ? ? 103 Comments: 104 105 TENANT'S CARE OF PROPERTY 106 (A) Tenant will: 107 1. Keep the Property clean and safe. 108 2. Dispose of all trash, garbage and any other waste materials as required by Landlord and the law. 109 3. Use care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the 110 Property, including any elevators. +++ 4. Tell Landlord immediately of any repairs needed and of any potentially harmful health or environmental conditions. 112 5. Obey all laws. 113 (B) Tenant will not: 114 1. Keep any flammable, hazardous and/or explosive materials on the Property. 115 2. Destroy, damage or deface any part of the Property or common areas. 116 3. Disturb the peace and quiet of other tenants or neighbors. 177 4. Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant 1113 agrees that any changes or improvements made will belong to the Landlord. 119 5. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any. 120 (C) Tenant is solely responsible to pay the costs for repairing any damage that is the fault of Tenant or Tenant's family or 121 micsts. 122 123 Tenant Initials: 1I LR Page 2 of 4 59 59 60 61 fit 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 61 82 83 ? Microwave 84 85 Landlord Initials: `uN"/ 123 124 16. 125 126 127 128 129 17. 130 131 132 18. 113 134 13.5 130 137 138 19. 1.19 140 141 141 143 144 145 146 147 20. 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 21. 166 167 168 169 170 171 172 173 114 175 176 22. 177 178 179 180 181 182 183 184 185 186 23. 187 188 189 190 191 192 193 191 195 1% 197 SUBLEASING AND, TRANSFER (A) Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new landlord. (B) Tenant may not transfer this Lease or sublease (rent to another person) the Property or any part of the Property without Landlord's written permission. PETS Tenant will not keep or allow any pets on any part of the Property, unless checked below. -?- Tenant.may.keep-petc?itttitartdlords-writte»-Irennissiert-according.to.llte..terrztis.ot:ihasl4tac}led-BL1es.and.R.egutationa. RULES AND REGULATIONS (A) Rules and Regulations for use of the Property and common areas are attached. ? Yes '121 No (B) Any violation of the Rules and Regulations is a breach of this Lease. (C) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safety, or wel- fare of others. Landlord agrees to provide all changes to Tenant in writing. (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS (A) Landlord has installed smoke detectors in the Property. Tenant will maintain and regularly lest smoke detectors to be sure they arc in working order, and will replace smoke detector batteries as needed. (13) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors is a breach of this Lease. (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these systems is slated in the Rules and Regulations, if any. (E) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 ? Properly was built in or after 1978. This paragraph does not apply. Q Property was built before 1978. Landlord and Tenant must provide information in this paragraph. i+ 1 (A) Landlord does not know of any lead-hased paint or lead-based paint hazards on the Property unless stated below: Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord must explain what Landlord knows about the Icad-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any other information Landlord has about the lead-based paint and lead-based paint hazards. (B) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless stat- ed below: Landlord has given Tenant all available records and reports about lead-based paint or Icad-based paint hazards on the Property. List records and reports: (C) Tenant initial all that are true: f Tenant has received the pamphlet Protect Your Family From Lead in Your Nome. Tenant has read the information given by Landlord in paragraph 20 (A) and (B) above. Tenant has received all records and reports that Landlord listed in paragraph 20 (B) above. (D) Landlord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge. DESTRUCTION OF PROPERTY (A) Tenant will notify Landlord or Landlord's agent immediately if the Property is severely damaged or destroyed by fire or by any other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition in the Property that could severely damage or destroy the Property. (B) If the Property is severely damaged or destroyed for any reason: I . Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and Landlord until the damages are repaired, OR 2. If the law does not allow Tenant to live on the Property, this Lease is ended. (C) 1 f Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. (D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and Tenant will continue to pay rent, even if Tenant cannot occupy the Property. INSURANCE AND RELEASE (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenant's guests. Tenant is advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be injured while on the Property. ? IF CHECKED, Tenant must have insurance policies providing at least $ property insurance and $ liability insurance to protect Tenant, Tenant's property and Tenant's guests who may he injured while on the Property. Tenant must maintain this insurance through the entire Term and any Renewal Term. Tenant will provide proof of insurance upon request. (B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on the Property. (C) Tenant is responsible for any loss to Landlord caused by Tenant, Tenant's family or Tenant's guests, including attorney's fees. ENDING LEASE LANDLORD REMEDIES IF TENANT BREACHES LEASE (A) If Tenant breaches Lease for any reason, Landlord's remedies may include any or all of the following: 1. Taking possession of the Property by going to court to evict Tenant. Tenant agrees to pay Landlord's legal fees and reasonable costs, including the cost for Landlord or Landlord's agent to attend court hearings. 2. Filing a lawsuit against Tenant for rents, damages and unpaid charges, and for rents and charges for the rest of the Lease term. If Landlord wins (gets a money judgment against Tenant), Landlord may use the court process to gar- nish Tenant's wages and take Tenant's personal goods, furniture, motor vehicles and money in banks. 3. Keeping Tenant's Security Deposit to be applied against unpaid rent or damages, or both. (B) If Tenant breaches Lease for any reason, Landlord can begin eviction proceedings without written notice. TENANT WAIVES OR GIVES UPTENANT'S RIGHT TO A NOTICE TO MOVE OUT UNLESS A DIFFERENT NOTICE PERIOD IS STATED HERE: 124 125 126 127 128 129 130 13'I 132 133 134 135 136 137 1:18 t39 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 Tenant initials:', I(, t_'1 _ LR Page 3 of 4 Landlord Initials, 198 199 24. TENANT ENDING LEASE EARLY 199 200 Tenant may end this Lease and move out of the Property before the End Date of the Lease or any Renewal Term only with writ- ton 2n1 ten permission of Landlord, and only if: AND s written notice ives Landlord at least tL da 202 A) Tenant 2141 202 , y ( g 203 (B) Tenant pays Landlord a Termination Fee of 5100, 00 AND 7,03 2n4 (C) Tenant continues to pay all rent until the End Date of the Lease, or any Renewal Term, or until a new tenant is approved 204 2nF by Landlord and a new lease takes effect, whichever happens first. 2os znr, 25. ABANDONMENT 206 207 (A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right to take possession of the Property zor zon immediately and to rent the Properly to another tenant. 209 209 (B) Any of'renanl's personal property or possessions remaining on the Property after Tenant moves out will be considered 2n9 210 to be abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any man- 21o 211, ner detemtined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property. ; 11 212 26. SALE OF PROPERTY 212 213 (A) If Property is sold, Landlord will give Tenant in writing: 213 21.1 L Notice that the Security Deposit has been given to the new landlord, who will be responsible for it. 211 215 2. The name, address and phone number of the new landlord and where rent is to be paid, if known. 215 21s (B) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord. 216 217 (C) Landlord's responsibilities to Tenant under this Lease end after the Property has been sold and the Lease transferred to a 21; 219 new landlord. 218 \ 219 (D) If Landlord sells the Prdperty duringthe Lease of anyaen6wal 'Perm, Lahdlord haI the right tetertninate\this tgasc if 2. 11 cpt of damages. ?.. azo `Landlord giVas at IA3st days Jtvitte?Iltoticn to 7l rtanL\Tenatlt is no?Entitted td any?taym 220 221 27. IF GOVERNMENT TAKES PROPERTY zzi 222 (A) The government or other public authority can take private property for public use. The taking is called condemnation. 222 223 (B) if any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the 223 224 Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any 224 225 unused Security Deposit or advanced rent. 225 226 (C) No money paid to Landlord for the condemnation of the Property will belong to Tenant. 226 ADDITIONAL TERMS 227 28. TENANTHAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. The 2•'7 228 rights of the mortgage lender conic before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, 229 229 the mortgage lender could take the Property and end this Lease.) 220 230 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE 230 231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 2:11 232 29. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. z3z 233 30. ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- 233 231 merits made before are a part of this Lease unless they are included in this Lease in writing. No waivers or modifications of 234 235 this Lease during the Term of this Lease are valid unless in writing signed by both Landlord and Tenant. 235 216 NOTICE. BEFORE SIGNING: If Tenant has legal questions, Tenant is advised to consult an attorney. 236 232 If Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge receipt of the 237 238 Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337. 23a 239 By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory infor- 239 240 mation set forth in this Lease. 240 241 WITNESS r 3 ! ?? -TENANT 1, 'T DATE Q-; 241 242 WITNESS TENANT i. *1,.? .C4..f2L1 (? (''"j •, DATE ?,• / "'' _' zaz 243 WITNESS TENANT DATE 243 244 WITNESS CO-SIGNER DATE 244 245 WITNESS CO-SIGNER DATE 245 246 WITNESS CO-SIGNER i; DATE 246 242 WITNESS ; LANDLORD }r %' DATE ! f ' 242 r, 249 WITNESS 1 ; !1% LANDLORD !?'? ' DATE zaa 249 Brokers'/Licensees' Certifications By signing here, Brokers and Licensees involved in this transaction certify that: (I) The infonna- 249 :50 tion given is true to the best of their knowledge; AND (2) They have told Landlord of Landlord's responsibilities under the Residential 250 ?51 Lead-Based Paint Flazard Reduction Act (42 U.S.C. §4852d), described in the Lead Ilazard Disclosure Requirements (see Lead-Based 251 ts2 Paint hazards Notice). Brokers and Licensees must make sure that Landlord gives Tenant the information required by the Act. 252 53 BROKER FOR LANDLORD (Company Name) 253 ,54 ACCEPTED BY DATE 254 ss BROKER FOR TENANT (Company Name) 255 56 ACCEPTED BY DATE 256 5' LANDLORD TRANSFERS LEASE TO A NEW LANDLORD 257 cg As part of payment received by Landlord, (current Landlord) now transfers to 25e so (new landlord) his heirs and estate, this Lease and the tight to receive the rents and other benefits. 259 5o WITNESS LANDLORD DATE NO 61 WITNESS LANDLORD DATE 251 LR Page 4 of 4 CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 7th day of February, 2008, a copy of the Complaint was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: William and Laura Carter 359 "E" Street Carlisle, PA 17013 IRWIN & McKNIGHT Matthew A. McKnight, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for William and Aleta Gilmore C=1 tJ cy cz:; -n x. --71 { r l r n L_ G?3 4 wh ?7 ? N c), alz?z wLAZ:>l C t v.1 Pc?-t©? ............... __ ctr?s Owe- t L• ?? .. 1 s t t • t ?. J ,oo '01?w _?-Y S !-rte ? . v f, A- ckf)? mk- t . ..10? r7A ._'?' V_Q?". - - - - - -- - - - - - aA ThF.. 10.? Ct . ro rn ? o r ?e A v ________..__ PA Oro" I (X zoa-??A--k V?N O':v 40 u l4s Q, r t t T J Q- CCU r T k L v n + - t-r 9vkm 4Q re AI 4r s._ Vol me,nyt 0rtID- © V - -- - ??,\ ? a ________.___.__ ? r,___? r e?r?? n c,.,? car. A2, Ck' 1 1 At`2.no?i N r?Q 1? ) A+ ?rll (ADS. Lint I YnQr___r-__ o? O 140 ,a __ _ __ti.si? .f- 4 -1 ? r \ f) al ©c7 ll? _\ . 1'- , l l 1 . 7?70 Q_ v "AA - kf?wl-- 4 -tr. 41L s P-C Cl,Q. Q? 11 +C> . AAA w Q- e _ 1-1 -"? 1 w 1._.- _ .__ _ -- r_, ?" ,_ --r-? ra .._. _...____, ? ___.,__. ._. ,_.___ . ?.s ..?5-. :. .?;?. 1 _- ?. ??-? .--s ,.? `? 3_?,- _p ?? WILLIAM GILMORE and ALETA, GILMORE, husband and wife, Plaintiffs V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008451 TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Matthew A. McKnight, counsel for Plaintiff, William Gilmore and Aleta Gilmore, in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $50,000.00 3. The counterclaim of the Defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Matthew A. McKnight, Esquire. Respectfully submitted, Dated: IRWIN & MCKNIGHT Matthew A. McKnight, Esquire Attorney I.D. #93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs, William and Aleta Gilmore 3 ? e s ?j CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 16th day of July, 2008, a copy of the Petition for appointment of Arbitrators was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: William and Laura Carter 359 "E" Street Carlisle, PA 17013 IRWIN & McKNIGHT Matthew A. cKnight, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for William and Aleta Gilmore . ! WILLIAM GILMORE and ALETA, GILMORE, husband and wife, Plaintiffs V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008451 TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of CJtj? 2008, in consideration of the foregoing Petition, ?t - , d ?. are appointed arbitrators in the above- captioned action. BY THE z1 G R % J. `l- IJ- r- Plaintiff v'- v`-? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. V5-/ - (3(3 e Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. (-.signature Signature Signature Le, a t- 4ov-- *-A- 0% k Asc•'s '1? -b S Name (Chairman) r Name Name C4V, , I`Ce?? L ?„_ k - ,/ 641r6w a A S ; Law Firm Law Firm Law Firm t(a? a'-? 4Ile.. & vac ?f 0 y ( Em.4 Me,;h S F. Address Address Address 14,w I?ok Ph 17D7b city, Zip Cit , Zip city, zip l S'G Yo Award? I26aL We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following away : L (Note: If damages fo delay are awarded, they #11 be separately stated.) '2)tj 'T zhoec.4.1 ,w -! rte.. /, ?u?. ?L . Arbitrator; *sents. (Insert name if applicable, Date of Hearing: v Date of Award: C? oZ b (Chairman) Notice of Entry of Award Now, the .29"4k day of Oa 4- , 20 y 8 , at-3:S3. ; ?p M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $_ 2S0 . od &o6a By: 7 c--? / Prothonotary Deputy .r .,., .,.a,,, r VJ ;= ? ;=n ?', ? ,:??`? ?' ??? >° ? y, _. ?}' ? ^14 f?1' c..? ?- ? ?'? ? ?-. -t.? ? Lie., ?' ?~'`? ? C` .. --. WILLIAM GILMORE and : IN THE COURT OF COMMON PLEAS OF ALETA GILMORE, husband and wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. WILLIAM CARTER and LAURA CATER, husband and wife, Defendants. NO. 2008-451 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT AND ASSESS DAMAGES To Curtis R. Long, Prothonotary: Kindly enter judgment in favor of the Plaintiffs and against the Defendants on the attached Abritrator's Award dated October 28, 2008, rendered following Arbitration, and no timely appeal having been filed. Please assess judgment in favor of Plaintiffs as follows: Amount of Judgment Date: January 13, 2009 $1,704.76 IRWIN & McKNIGHT, P.C. Matthew A. McKnight, Esquire Supreme Court I.D. No. 93010 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs DAMAGES ARE HEREBY ASSESSED ON THE JUDGMENT AS INDICATED. Date: IV G'???7C1 Z PROTHONOTARY .1" ' -.. CERTIFICATE OF SERVICE I, Matthew A. McKnight, Esquire, do hereby certify that I have served a true and correct copy of the Praecipe to Enter Judgment and Assess Damages upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: William and Laura Carter 359 E Street Carlisle, PA 17013 IRWIN & McKNIGHT, P.C. att ew A. McKnight, Esquire Supreme Court I.D. No. 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs Date: January 13, 2009 2 k_ iQ " W r?3 Si ?- ??w WILLIAM GILMORE and ALETA GILMORE, husband and wife, Plaintiffs. V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-451 CIVIL ACTION NOTICE OF INTENT TO ATTACH WAGES SALARY OR COMMISIONS Date of service of this Notice: A judgment has been entered against you in court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines: Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set froth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 ? r ? _- fry 1 ?. ? Yl ? ? err .f WILLIAM GILMORE and ALETA GILMORE, husband and wife, Plaintiffs. V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-451 CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES Issue a Notice of Intent to Attach wages in the above matter 1) against William Carter, Defendant 2) against Waste Management, Inc., employer of the Defendant Respectfully submitted, IRWIN & McKNIGHT, P.C. By: 1"_/ 16111e? Matthew A. McKnight, Esquire Supreme Court I. D. No. 93010 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 Attorney for William and Aleta Gilmore, Plaintiffs CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD TO THE PROTHONOTARY: 1 The Plaintiff judgment-creditor is: William Gilmore and Aleta Gilmore 94 W. Main St., Plainfield, PA 17080 2. The Defendant judgment-debtor is: William Carter 359 E Street, Carlisle, PA 17013 .b? OR 3. The employer garnishee is: Waste Management, Inc. 4300 Industrial Park Road, Camp Hill, PA 17011 4. The judgment arises out of a residential lease for the premises at: 212 Fern Ave., Carlisle, PA 17013 5. (a) The amount of the judgment is $1,704.76 (b) A security deposit in the amount of $800.00 is being held by the judgment creditor-landlord. This security deposit X_ has been applied has not been applied to payment of rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached). (c) The amount of 0.00 has been paid toward satisfaction of the judgment (Do not include the security deposit). (d) The amount of filing fees is $24.00. (e) The amount of Sheriff Service fees is $100.00. (f) Post-Judgment Interest in the amount of $255.71. Wherefore, the total amount requested for Wage Attachment is $2,084.47. 6. This Praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered (check one) X in a civil action commenced in the court of common pleas. in an action brought before a magisterial district judge. in an action commenced in the Philadelphia Municipal Court. Check the appropriate paragraph and attach the required documents: (a) If the judgment was entered in a civil action (PA.R.C.P.M.D.J 301 et seq.) before a magisterial district judge, a copy of the complaint filed with the magisterial district judge is attached to this Notice, showing that the action arose from a residential lease. r (c) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. I I I(A) or (C), a copy of the complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease. (d) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(B), copies of the appropriate Philadelphia Municipal Court records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: January 12, 2009 Judgment Creditor-Landlord r-a C713 fig{?•' M,~ V Cl ?g .Y 4 WILLIAM GILMORE and ALETA GILMORE, husband and wife, Plaintiffs. V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-451 CIVIL ACTION CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. TO THE PROTHONOTARY: I, the above named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have dependents My net monthly income is $ (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Defendant This claim shall be delivered or mailed to: Office of the Prothonotary Court of Common Pleas Cumberland County One North Hanover Street Carlisle, PA 17013 (717) 240-6195 WILLIAM GILMORE and ALETA GILMORE, husband and wife, Plaintiffs. V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-451 CIVIL ACTION NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty guidelines. Date: Prothonotary C_ 1 l'?'1rSp r ? rTj -tom . { ' II „ . ? ;.? CASE NO: 2008-00451 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GILMORE WILLIAM ET AL VS CARTER WILLIAM ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon CARTER WILLIAM the DEFENDANT , at 1031:00 HOURS, on the 16th day of January , 2009 at 359 E STREET CARLISLE, PA 17013 by handing to LAURA CARTER, WIFE a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 ?.. 4.50 .56 , 10.00 R. Thomas Kline .00 33.06 01/16/2009 MARCUS MCKNIGHT By day Deputy eriff A.D. ;-y SHERIFF'S RETURN - REGULAR CASE NO: 2008-00451 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GILMORE WILLIAM ET AL VS CARTER WILLIAM ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon CARTER WILLIAM the DEFENDANT at 359 E STREET , at 1445:00 HOURS, on the 23rd day of January , 2009 CARLISLE, PA 17013 WILLIAM CARTER by handing to a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 4.50 .56 10.00 R. Thomas Kline .00 33.06 01/26/2009 MARCUS MCKNIGHT Sworn and Subscibed to before me this day of By: Deputy Sheriff , A. D. +,'? rv c--- ' ...? _ ? e st -- ?:,- j ?a ?.) WILLIAM GILMORE and ALETA GILMORE, husband and wife, Plaintiffs. V. WILLIAM CARTER and LAURA CARTER, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-451 CIVIL ACTION PRAECIPE FOR WRIT OF ATTACHMENT OF WAGES, SALARY OR COMMISSION TO THE PROTHONOTARY: Issue a Writ of Attachment of Wages, Salary or Commission in the above matter 1) against William Carter, Defendant 2) against Waste Management, Inc., employer of the Defendant Defendant has not timely filed a claim for exemption of wages from attachment. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Matthew A. Mc fight, Esquire Supreme Court I. D. No. 93010 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 Attorney for William and Aleta Gilmore, Plaintiffs r s? s? cv ? LLJ t-' ,< -•- C. r . !? L {.L. ice, 3c `rl1f ?w I LL- d1 C=3 C?a 0 s w William Gilmore and Aleta Gilmore, husband and wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION William Carter and Laura Carter husband and wife, No. 08451 -Civil Term Employee TO: Waste Management Inc. 4300 Industrial Park Road Camp Hill, PA 17011 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $2,084.47 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: William Gilmore and Aleta Gilmore within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: William Carter and Laura Carter 359 E Street Carlisle, PA 17013 Any questions should be directed to the Plaintiff-Creditor: Marcus A. Mcknight, III, Esq., 60 West Pomfret S et, Carlisle, PA 013-3222 Date: 03-19-2009 601MZ. Long, Pr BY Deput}': Costs: I have received a Writ of Attachment in the following case: Plaintiff No Curtis R. Long, Prothonotary You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: Date: of Year v. Defendant has never been Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: The following person, Or is no longer and employee L_) Deputy (Seal of the Court)