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HomeMy WebLinkAbout08-1098R COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01--10 9 1 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. .J -v2 1 IVIG/I CITY Aec PI anics bu. i vs SIGMTURE OF APPELLANT OR ATTOF l a C V- 0000- 3- o 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. appellant was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Sig--ofAW-- r„y-Dsp* 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 appellee(s), to file a complaint in this appeal Name of appellee(S) `- (Common Pleas No. O q C J i ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. •. *1A, Signature of appellant or atromey or agent RULE: To &gez-- , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. r Date: l ,? ? , 20 0 ???? te ?eetl SVWum of Profhonota 94C YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL 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-eppeat CheCk epoIict?ri{P?bpxe$j COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Tift Of official My commission expires on 20 fiw Signature of affiant C= U -n ? K 1 _ y n M M N Q O 1 -. E5 ?> C) COMMONWEALTH OF PENNSYLVANIA 7`ni inity nc• COi1?ERLAND v Mg. Dist. No.: 09-3-05 NICOLE WILLIS 403 W S1111112902 ST XZCRANICODURG, PA 17050 NOTICE OF JUDGT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS %LRE>it, WILLI= T 170 BRINDLE LOAD MCRANIC8DURG, PA 17050 L _J VS. DEFENDANT: NAME and ADDRESS rNILLIS, ]RICOLa .. 403 M SIMSON ST NECKMCODURG, PA 17050 L J Docket No.: CV-0000383-07 Date Filed: 11/09/07 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: 1/29/08 -Judgment: . 70R. PLAINT177 -(Date of Judgment) M Judgment was entered for: (Name) WALKER, w1La".LAa i © Judgment was entered against: (Name) WILLIS, NICOLE in the amount of $ 899.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice.; Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 -1 F Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 849.00 Judgment Costs $ 50.50 Interest on Judgment. $ .00 Attorney Fees $ .00 Total $ 899.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDEWELECTS TO ENTER THE JUDGMENT IN.THE CO.URT:OF COMMON PLEAS, ALL FURTHER.PROCESS MUST. COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED' BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF. COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ?? Date , Magisterial District Judge 1. ertify that this is a true and correct copy of.the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL t? r--.3 c? Z ? ?-- r _ w W. T. WALKER CONSTRUCTION Roofing • Home Improvements • Room Additions 170 Brindle Road • Mechanicsburg, Pennsylvania 17055 • (717) 697-3292 s To DATE O t I f J O V , 2,,tL U I Z 3y D bw, 51 ??L? IC;- p4 SUBJECT ?tuD SI A fY? tR ?C?l P I J'q 1 440*', 2 W4 C11'9 M- '6 °Pl.:o kei v -,, tom' NLa WJfL Imo, pie Item NML6N72 The Drawing Board, Dallas, Texas 75266-0429 C, Executive Greetings, Inc., 1982 FOLD AT (-) TO FIT DRAWING BOARD ENVELOPE EW l r ; j f ces C-n t'- ? vi C? ' I Vj COMMUNITY TREATMENT TEAM/STEVENS CENTER 114 North Hanover Street Carlisle, Pa. 17013 February 18, 2008 Court Of Common Plea Cumberland County Courthouse Carlisle, PA 17013 Dear Honorable Judge of the Court of Common Plea: My name is Karla Tansmore; I am the Program Director for NHS Stevens Center Community Treatment Team (CTT) in Cumberland/Perry Counties. The CTT program is a new program that provides recovery and stability to persistent mentally ill consumers in their natural environment. The CTT program has only been in existence since August of 2007. The program consists of a psychiatrist, registered nurse, therapist, case manager, and peer support specialist. We support consumers in the community by providing medical appointments, therapy, med management and any other needs that the consumers may have in their homes. I am writing this letter on behalf of my consumer, Nicole Willis, who had a court hearing with District Justice Mark Martin on January 29th, I was to accompany her to this hearing. Ms. Willis did not attend this hearing because I was unable to make it due to some serious electrical problems in our building in downtown Carlisle at 114 North Hanover Street. We experienced major power surges that caused our phone system to go out, the lights were not working; smoke was coming out of the water fountain and other malfunctions. I had to get in touch with the electric company, the owner of the building and the construction company to make sure the building wouldn't catch on fire. It was not Ms. Willis' fault that she was unable to attend the hearing. She could not get to this appointment on her own or reach me. Ms. Willis is disabled, currently has an active brain tumor and walks with a cane. Ms. Willis depended on me for support and transportation to the hearing. The Plaintiff won the case since Ms. Willis did not show up for the hearing. Please accept my apology to the court for not attending the hearing with Ms. Willis. At this time, we are appealing the decision of the case. Please review the enclosed information. If you have any questions, please call me at (717) 218-1066 ext 201. Thank you for taking the time to read this letter. Sincerely, A,J - Karla Tansmore, MSW CTT Program Director C.7 -s? ? fJ Fy -a m ra M M m 0 M 0 O C] M co .A ru r%- C7 Ca r- !?'.'.?-??iti?.?l-J[.?, Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark d `teflil JF-?}? f 4 g.n,ttir .U l??t $3 C16 CIN ("108 PROOF OF Sim OF AFO77CE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST ®E Fit ED W71W TEAL (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSY VANtEj. COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas Q, upon the District Justice designated therein on (date of service ) * 200f, Wr by personal service ? by (certifie )(registered) mail, sender's receipt attached ereto, and upon the appellee, (name) ! r on 20? ? by personal service by (certified) (registered) mail, sender's r ipt attached hereto. 4 c (SWO ) FFIRMED) AN BSCRtBED BEFOREJOE THIS DAY OF , 20 C Signature o c/a/before whom a avit was made Uo , P1 ?? Title of official My commission expirosili ?i 200. TlVIpgir%k?......?_ CLAUDIA A. BREWMWM, NOTARY PJBW Carlisle Borg Ctmb&WW County M Commission AWN 4, 2WO Signature of afBant Cam` W ? " r7 t C-n -10 rn r L COURT OF COWK N PLEAS Judicial District, County Of w , cy NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS ft. NOTICE' OF APPM Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District,,,Wstice on the date and in the case referenced below. 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 SUPERSEDERS to the judgment for possession in this case. s0-ft- & PMftxWbry a DWAy before a Dfsind Juice, A COht LAINT MUST SE F/LEO within twenty (20) days after &V the NOTICE of APPEAL. PRAECIPE TO EWER RULE TO FILE CON" M AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (sae Pa.R.C.P.D J. No. 1004(7) rt action baf m District Justice. IF NOT USED, detach from copy of nolibe of appeal to be served uponappeilee. r PRAECIPE: To Prothonotary Enter rule upon l !2 gZ42 444z4 &'e-- ap e(s), to fie a complaint in #ft appeal game a?aPwMMtsi (Common Pleas No. Q 0 7 ? c.t4 ,1 ) within Wmty (20) clays alter service of rule or suffer entry of judgment of non pros. iiiA, ?? // 1r ,/, ? _ 5tgnaiureolappes??t?arrei?rqerayrrd RULE: To. appellee(s) NO" of ei ? (1) You are noldied that a rule is hereby entered upon you to file a ant in this appea{ wiflain twe n (20) days after the date of service of this rule upon you..by,porsQnW service or by certilisd or fegietered Mal. (2) if you do not Wa=mpteint wifhin this time, a JUDGMENT OF NON PROS Y BE ENTERED AGAINST YOU. (3). The date of service of this rift, If service was by m*KAr* t_date of the making. Date: 4C YOU WT iNIC'WDE A COPY OF THE NOTIM OF JUD iTITRMWFSPT F©W WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILEO WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY ....,... w.+e?vTn ihtiec'aWMt t?Y wemc+ 1 FF (:fll A _ MW TA' i2F CCRVFl1 AN [1tfi?T!?It!T HtQ'fIL_C WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs V. NICOLE C. WILLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1098 CIVIL ACTION - LAW : CIVIL TERM N O T I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 07z-=CTz,?}4 L By: r"i' Jenni r B. Hipp, Esquire Pa. I.D. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiffs, WILLIAM T. WALKER and NANCY A. WALKER WILLIAM T. WALKER and : IN THE COURT OF COMMON PLEAS OF NANCY A. WALKER, : CUMBERLAND COUNTY, PENNSYLVANIA husband and wife Plaintiffs V. : DOCKET NO. 2008-1098 : CIVIL ACTION - LAW NICOLE C. WILLIS, Defendant CIVIL TERM COMPLAINT William T. Walker and Nancy A. Walker, husband and wife, by and through their attorney, Jennifer B. Hipp, Esquire, respectfully represent as follows: 1. Plaintiffs herein are William T. Walker and Nancy A. Walker, husband and wife, adult individuals, residing at 170 Brindle Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant herein is Nicole C. Willis, an adult individual residing at 403 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 3. Plaintiffs are the owners of real property known and numbered as 234 West Locust Street, Borough of Mechanicsburg, Pennsylvania, same being a residential rental property. 4. On November 23, 2003, Plaintiffs, by written Lease Agreement with Defendant, leased to Defendant the residential rental unit located at 234, Unit "D", West Locust Street, Mechanicsburg, Pennsylvania for a stated term of one (1) month, automatically renewing on a month-by-month basis thereafter. A copy of the Lease Agreement is attached hereto and incorporated herein as Exhibit "A". 5. Defendant was responsible to pay rent in the monthly amount of $550.00 per month, payable in advance on the first day of each month. See Exhibit "A". 6. The Lease provided that the term of the Lease would automatically renew on a month-by-month basis unless written Notice of Intention to Terminate was given by either party not less than thirty (30) days prior to the proposed date of termination. 7. Plaintiffs obtained an Order to Vacate against Defendant, based upon Defendant's disruptive behavior, fighting with police officers at the real property, consistently making late payments of rent, stating that she would no longer pay rent, causing damage to the carpeting, doors and window screens, causing flooding of the first floor apartment on three (3) separate occasions due to a defective washing machine and numerous complaints received from other tenants at the real property due to the excessive noise caused by Defendant and her teenage daughters. Defendant moved out of the apartment on October 31, 2005. 8. On or about November 28, 2005, Plaintiff issued written correspondence to Defendant outlining the items of damage done to the residential rental unit, late fees and various expenses incurred by Plaintiffs in evicting tenant and damages to the unit. A copy of the Plaintiffs' correspondence is attached hereto, incorporated herein and marked as Exhibit "B". 9. Plaintiffs served this correspondence on Defendant by certified mail, return receipt requested. See Exhibit "B". 10. Defendant signed for and accepted the certified mail on December 6, 2005. See Exhibit "B". 11. Plaintiffs' November 28, 2005 correspondence set forth that Defendant owed Plaintiffs the amount of $849.00. 12. At or prior to the time when Defendant vacated the premise, Defendant damaged the leased premises and otherwise breached the Lease by failing to surrender the leased premises in substantially the same condition in which it was leased to Defendant, in that: cockroach infestation of unit; cleaning of carpeting required; a broken kitchen cabinet door; damage to bathroom door; damage to paint and drywall, damaged, cut or missing window screens and window screens with holes in them. 13. At or prior to the time when the Defendant vacated the premises, Defendant was consistently late in remitting the monthly rent, causing $260.00 in late fees. 14. Plaintiffs were required to hire a Pennsylvania Constable to remove Defendant's possessions from the apartment pursuant to the Order to Vacate issued by the District Justice. 15. The fair and reasonable cost of replacing and repairing the broken and missing items as described above, the late charges and the fee for the Pennsylvania Constable is in the amount $1,399.00, as shown more particularly in Exhibit "B". 16. Plaintiffs have applied Defendant's security deposit in the amount of $550.00 in partial satisfaction of the $1,399.00 in damages and charges, owed by Defendant as a result of Defendant's breach of the Lease, leaving a balance due to Plaintiffs of $849.00. 17. Plaintiffs gave written notice of the above damages to Defendant within thirty (30) days after surrender of the leased premises as required 68 P.S. § 250.512. 18. Defendant filed a Complaint with the Magisterial District Judge on October 17, 2007 wrongfully seeking to obtain her security deposit. 19. Plaintiffs filed a Complaint against Defendant on November 9, 2007 seeking payment of late fees and damages to the rental unit. 20. A hearing was scheduled before Magisterial District Judge Martin on January 29, 2008 regarding Plaintiffs' and Defendant's Complaints. 21. Defendant did not attend the hearing scheduled on January 29, 2008. 22. On or about January 29, 2008, Magisterial District Judge Martin issued a Notice of Judgment, notifying Plaintiffs and Defendant that, as to Plaintiff's Complaint, judgment was entered for Plaintiffs and against Defendant in the total amount of $899.50. A copy of the Notice of Judgment is attached hereto, incorporated herein and marked as Exhibit "C". 23. On or about January 29, 2008, Magisterial District Judge Martin issued a Notice of Judgment notifying Plaintiffs and Defendant that judgment would be entered for Plaintiffs and against Defendant as to Defendant's Complaint, thereby dismissing Defendant's Complaint in its entirety. A copy of the Notice of Judgment is attached hereto, incorporated herein and marked as Exhibit "D". COUNT I - BREACH OF CONTRACT 24. The averments of Paragraphs 1 through and including 23 hereinabove are incorporated herein by reference thereto. 25. By virtue of the lease contract between Plaintiffs and Defendant, Defendant agreed to pay, in full and in a timely manner, the monthly rental payments of $550.00, and to maintain the rental unit premises in a clean and sanitary condition. See Exhibit "A". 26. Defendant failed to timely remit her monthly rental payments, caused substantial amounts of damage to the rental unit and failed to maintain the premises in a clean and sanitary condition. 27. To date, Defendant, despite proper requests and demand by the Plaintiffs, has not brought its account current. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Nicole C. Willis, in the amount of $899.50, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 28. The averments of Paragraphs 1 through and including 28 hereinabove are incorporated herein by reference thereto. 29. Pursuant to the request made by Defendant, Plaintiffs provided a rental unit to Defendant. 30. The reasonable and necessary rental charges for said services provided as requested by Defendant and the damage to the rental until are in the total amount of $899.50. 31. To date, Defendant, despite proper requests and demand by Plaintiffs, has not brought its account current. 32. By reason of Defendant's request for provision of a residential rental unit, Defendant impliedly agreed to pay the reasonable and necessary charges for same pursuant to the terms of the Lease Agreement. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Nicole C. Willis, in the amount of $899.50, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 33. The averments of Paragraphs 1 through and including 32 hereinabove are incorporated herein by reference thereto. 34. Defendant was leased a clean and sanitary rental unit from Plaintiffs as set forth herein. Plaintiffs fully and adequately provided the residential rental unit to Defendant, all as requested by Defendant. 35. As a direct and proximate result of Defendant's refusal to pay the reasonable monthly rental payments in a timely manner and to maintain the rental unit in a clean and sanitary condition, from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $899.50. WHEREFORE, Plaintiffs, William T. Walker and Nancy A. Walker, demand judgment against Defendant, Nicole C. Willis, in the amount of $899.50, plus interest, together with the cost of this action, attorney's fees and any other relief deemed just and appropriate. Date: March 12, 2008 By: _ ck??k Jenn f r B. Hipp, Esquire Pa. I. . No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiffs, William T. Walker and Nancy A. Walker VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. - > -&W' Date: March 12, 2008 MUM- k?Wa I2 6IAR.2a? William T. Walker Nancy A./Iralker 254b LEASE AGREEMENT THIS LEASE AGREEMENT, made this 23rd day of November, 2003, by and between WILLIAM T. WALKER and NANCY A. WALKER, his wife, of 170 Brindle Road, Mechanicsburg, Pennsylvania, hereinafter referred to as "LANDLORD", AND Nicole Willis Hereinafter referred to as "TENANT". WITNESSETH: That Landlord, in consideration of the payment of the rent reserved and the performance of the covenants and agreements hereinafter recited and contained, does hereby demise and lease to said Tenant the premises situate at: 234D West Locust Street Mechanicsburg, PA 17055 Real estate being unproved with residential Property, same being known and numbered as 234D West Locust Street TO HAVE AND TO HOLD the said premises, subject to the conditions of This Agreement, for a tern of one (1) month, beginning on the 23rd day of November, 2003, being renewable as hereinafter provided. In CONSIDERATION of which Tenant agrees to pay Landlord as rent for the use and occupancy of said premises, the sum of Five Hundred Fifty ($550.00) Dollars per month, said amount subject to increase as hereinafter provided, payable promptly at the residence of Landlord as hereinabove set forth. Said rent to be paid by Tenant to Landlord without demand on or before the beginning of the rental period. A late charge of Two ($2.00) Dollars per day will be imposed for every day said payment is late after the due date thereof. AS A FURTHER CONSIDERATION for the use and occupancy of said premises, Tenant hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements: 1. SECURITY DEPOSIT: On or before the execution of this Lease Agreement, Tenant agrees to pay to Landlord the sum of Five Hundred Fifty ($550.00) Dollars as a security deposit for payment of damages to leasehold premises and/or default of rent under the terms of this Agreement. Any balance remaining will be refunded to Tenant by Landlord within Thirty (30) days of the termination of this Lease Agreement. Parties of the first part agree to comply with the law governing escrow funds. EXHIBIT h ?j1 2. LIMIT ON OCCUPANCY: The leased premises shall be used only as a single family dwelling unit to be occupied by Nicole Willis and her two children ONLY, being the Tenant herein. Said family shall not include more than three people, said people all being related. Any occupancy of the lease premises for a period in excess of seven (7) days by an individual other than Tenant, shall be regarded as breach of this covenant, unless written consent of the Landlord of such occupancy is secured in advance. 3. ASSIGNMENT AND SUBLETTING: Tenant shall not sublet the leased premises or any part thereof, nor assign this Agreement without the written consent of the Landlord. 4. UTILITIES AND TRASH REMOVAL: Tenant shall provide, be responsible and pay for the following: Electric (including heat) Cable TV Telephone Landlord shall supply and make available the following: Public Water Borough Trash Removal Public Sewer 5. COMPLIANCE WITH LAWS: Tenant covenants and agrees to comply with all laws of the United States, the Commonwealth of Pennsylvania and the Ordinances of Mechanicsburg Borough. 6. RENTAL INCREASE AND TERMINATION: Landlord reserves the right to increase the rent upon thirty (30) days written notice sent to Tenant at the above described premises. The term of this Lease shall be automatically renewable unless terminated by either party upon thirty (30) days written notice. 7. RULES AND REGULATIONS: The following conditions or rules adopted for the premises are to be understood as part of this Lease Agreement. Failure to abide by the following conditions or rules shall be deemed to be a default under this Agreement: A. There shall be no changes of any nature to the building or its structure without the advance written consent of the Landlord. B. There shall be no decorating or redecorating, including, but not being limited to, painting, wall covering, floor covering and picture hooks or hangers, without the advance written approval of the Landlord. C. There shall be no animals or pets kept in or about the premises. D. Tenant shall not add to or change any locks without the advance written consent of the Landlord. E. The leased premises must be totally cleaned by Tenant prior to vacating, including complete cleaning of refrigerator, stove and oven. Failure to do so will result in a cleaning charge by Landlord. F. Tenant shall be responsible for all snow removal G. Tenant shall be responsible to maintain insurance for its contents and liability insurance, both in reasonable amounts. H. Tenant shall return all keys to Landlord at the termination of the lease. Failure or refusal to return the keys shall subject Tenant to the additional cost for the replacement and/or changing of all keys and locks. 1. Tenant agrees to maintain a telephone in the residence and to provide Landlord with the telephone number. J. Tenant shall maintain the heat to at least 50° in order to prevent water line freezes and plaster cracking. K. Tenant bears responsibility to notify Landlord of any problem situations, i.e., leaky roof, faulty wiring, defective plumbing, etc. L. Tenant shall not have unruly conduct by self or visitors to disturbance of other tenants or neighbors. M. All trash and garbage must be removed from premises at least once a week. N. Any damages to any part of the building; specifically, doors, windows, walls or siding (beyond normal wear and tear), whether caused by Tenant, children, welcomed or unwelcomed guests, will be promptly repaired by. Landlord at Tenant's expense, which will be billed directly to Tenant for immediate payment. 8. RESPONSIBILITY FOR DAMAGES: Tenant agrees to be responsible for and hold Landlord harmless from any and all liability by reason of any injury or damage to any person or property on the demised premises, whether belonging to the Tenant or any other person, caused by any fire, breakage or leakage on the part or portion of the demised premises, or any part or portion of the building of which the demised premises is part or from water, rain or snow that may leak into, issue or flow from any part of the demised premises or the building in which the demised premises is a part, or as a result of the negligence of the Landlord or its servants or agents or any other person whomsoever. 9. MAINTENANCE OF PREMISES: The premises are to be kept in a clean and sanitary condition, and Tenant agrees to keep the premises from dirt, litter, rubbish and all debris. 10. INSPECTION: Tenant hereby agrees that Landlord may enter upon the premises demised at any time for the purpose of making inspection or repair, or for showing the premises for prospective purchasers or tenants, and further that Landlord may display upon the premises demised signs indicating that the premises are "For Sale" or "For Rent". 11. PAYMENT OF RENT OR BREACH OF COVENANT: Tenant covenants and agrees that upon the nonpayment of rent or any attempt to breach any of the covenants and conditions of this Agreement or any breach of the covenants and conditions of this Agreement, the full and entire rent reserved for the full term of this Lease remaining unpaid shall be termed due and payable as liquidated damages for the nonpayment of rent, or the breach or attempt to breach any covenant contained herein. 12. CONFESSION OF JUDGNMENT: If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same should be paid Tenant hereby empowers any Prothonotary or attorney of any Court of Record to appear for -I- Tenant in any and all actions which maybe brought for rent and/or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by the Tenant and/or to sign for Tenant an agreement for entering in any competent Court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent specified in this lease and then unpaid including, at Landlord's option, the rent for the entire unexpired balance of the term of this lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs together with an attorney's commission of 20%. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rent and/or other charges reserved s rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this lease. 13. WAIVER OF ACTS OF ASSEMBLY: Tenant hereby waives the provisions of the Act of Assembly providing for notice to quit and agrees to vacate and surrender the leased premises at the expiration of the tern, or within fifteen (15) days notice that Tenant must quit and surrender the premises demised for any reason whatsoever, including, but not limited to failure to pay rent, breach or attempted breach of any of the covenants and conditions of this Agreement, and the termination of the Lease Agreement. 14. NOTICES: All notices required to be given by the Landlord to Tenant shall be sufficiently given by leaving the same upon the demises premises, but notices given by Tenant to Landlord must be given by Registered Mail, and as against Landlord the only admissible evidence that such notice as been given by Tenant shall be a Registered Return Receipt signed by Landlord or its agent. Landlord's address for the purpose of mailing such notice shall be 170 Brindle Road, Mechanicsburg, Pennsylvania. 17055. If Landlord change address from the address herein stated, Landlord shall give written notice to Tenant of such change of address. 15. UNDERSTANDING OF PARTIES: It is hereby expressly agreed and understood by and between all the parties hereto that this Lease Agreement sets forth all the promises, agreements, conditions and understandings between Landlord and Tenant relative to the leased premises and that no other promises, agreements, conditions or understandings either oral or written, exists between the parties other than are herein set forth. 16. NOTICE: TENANT, YOU ARE HEREBY NOTIFIED THAT BY EXECUTING THIS LEASE AGREEMENT, YOU ARE WAIVING THE BENEFITS OF THE ACTS OF ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA AND THAT CERTAIN PROVISIONS OF THOSE ACTS WHERE ENACTED FOR YOUR BENEFIT AND PROTECTION. The conditions of this Agreement shall extend to the heirs, executors, administrators and assigns of all the parties hereto. 17. UNDERSTANDING: Tenant acknowledges and states that the premises subject to this Lease Agreement has been inspected and has been found to be habitable and acceptable as a dwelling unit. , Tenant further agrees to promptly notify Landlord of any condition or conditions that would or will tend to render said premises uninhabitable. Said notification shall be in writing and delivered to the address of the Landlord -4- PRIOR TO THE SIGNING OF THIS LEASE AGREEMENT, TENANT HAS HAD EXPLAINED THAT IN CASE OF DEFAULT, A JUDGMENT CAN BE ENTERED IN COURT WITHOUT PRIOR HEARING AGAINST HIM OR HER WHICH WILL REQUIRE THE PAYMENT OF ALL AMOUNTS DUE AND UNPAID UNDER THIS LEASE AGREEMENT, OR WHICH WILL REQUIRE DELIVERY OF POSSESSION OF THE PROPERTY. TENANT UNDERSTANDS THE CONFESSION OF JUDGMENT CLAUSE AND AGREES TO ITS TERMS. TENANT, HAS HAD YEARS OF FORMAL SCHOOLING AND TENANT, HAS HAD YEARS OF FORMAL SCHOOLING AND HAS INCOME OF MORE THAN $15,000 PER YEAR. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first written above, and intend to be legally bound hereby. WITNESS: s uw,J 1 VaXk.?y 23 Ne% 03 Will' T. Walker it Nan?cyA?. alker M"' f any pets are found on the premises at any time, rent will increase $100 per month per pet retroactive to the ?a`'beginning of Lease. In addition, pet(s) must be removed from the premises immediately and permanently. WIf anyone other than those named above is found living in said apartment, rent will increase $100 per person per " month beginning immediately. -5- LEASE ADDENDUM 1. If any pets are found in or about the premises at any time, an additional Security Deposit of One Hundred Dollars ($100.00) will be due and payable within two days. In addition, the pet(s) must be removed from the premises immediately and permanently. 2. There are to be no in-home businesses conducted in this apartment. I There will be a penalty of one month's rent for an occupancy of less than six months. For an occupancy of between six months and up to twelve months, the penalty amount will be one- half month's rent. This is required because of wear and tear on apartment in moving fuinishings in and out of apartment, advertising costs, time required showing apartment, etc. 4. Proper cleaning and care of said apartment is to be performed on a very regular basis. Any situation allowed to exist that would necessitate an extermination fee and treatment will be billed to and paid by Tenant immediately. 5. All trash is to be kept in closed containers, both inside the apartment and outside the apartment (trash cans). 6. There will be a $25.00 charge for any check returned by the bank. 7. Tenant shall not order repairs or maintenance in the name of the owner. Tenant is not to deduct any expenses from the monthly rent payment. 8. Each apartment is entitled to just one parking space on the parking lot. If tenant has more than one vehicle, those vehicles must be parked on the street. All visitors must use curbside parking. Failure to cooperate with these parking rules is just cause for eviction and possible forfeiture of the Security Deposit. Tenant agrees to honor parking requirements. 9. All porches and decks are to be kept clean and free of clutter. Grills may be stored on porches and decks, but must be covered when not in use. Grills may not be used on covered porches. Taking into consideration the size ofporch or deck, porch furniture may be neatly arranged on porch or deck. No upholstered furniture may be used or stored outside. Landlord retains the right to request any and all objectionable items be removed promptly by Tenant. Tenant Tenant - Property Location agree to a tenancy With {` fc47-2z? on this day, of P , °?dQ for 1 i 1 L??+ c-?i In consideration for said agreement for tenancy Landlord agrees to remove rental from iaarket. In consideration for said tenancy Tenant agrees to pay the star of ?o rwwv^e said unit from rental market and pay the first month,s rent in the amount of J-n b ? by .'wrr,,•P i ?? ?y Yi`?fvt?u,?;l? by Kr'?L`, .>? ? ia: akr ira:;,M;,; c.AeG In the event off ure to make second ? payment of as first month's rent would forfeit the initial • Upon receiving second sues of ??. ,in ?. the initial amount of 4 A J 7S rl would become the amount of Secur:t Deposit for + ?? ?' the uni., subject to terms and owe ce)ndit?ipons of tchi Lease. o 7.?-va?" G??c?e,???is:.??.r..?:?c?a?', e.?pJ{-.Qs?,rr?. c'? eery'-? ?,? Tln'?t.. [??',?n"w?' w. Z3 , i-J Zs. z.cC? 3 23 NCFU1 03 LGndl?rd has Q. reed -I-? ??srk (?;1? ?-he ?enan? l[a\?OW?YI5J, flee-hdf of +he cen4 -6 h Poud -?be ??sf rend 40 ya1C? ?Q? ?PCHm?e? 1S, ?cC3, ? , zaNau.a3 3" ` ' ? ?-d?C,z:-.al?y 11Gf 30, ?.,t7 ',-? ?'?..r ,..LU.:?%.? `'h: ,r-a.'?'v.'? y? _?;H .?..:.a;... li?y`?- . •? V1 ' ! i ?qe.,,, } L`....? C?j.ti;?t+^•W+.+i? •. jet ii (? ? ?(? ? i ,,/WY. 'j W. Jti^.+7?'?'?M [ V ' L ??.2L .lv't ? I ?' L? f??-•y,.y.,,Q;? a .,?/? ?, ?{ '? i'?+„cwZ v-;; c; ;w?cn? ' elf .• ,,?;,?,,,,?; I TTr?'i ? ?ry ?• fl- f Zd D >.c +`? c'-ir i?tctvtl9 >? mo'v`ie f -??2 wLH' , C,tid,^ L 6 v c MX 4?F certa? fjl s Z c ^ ' r?? ?N ! J t,, i, $' f0ky Cc?cJ.. v??N?= e? t! K i? ?,A ?Z , , "?Q a 36: f ?t ?b? J U 0, Lz '?f-'?1 1 1/L'? V`Ti'.'n+?J:. ''V`QZ=i-i+w?C'. L? ?`T"??.'v<.?.?••?y',,•? ? '??? ??•1 AL U- ? rQ,? •,?-jam,-? ? $ ? s ? ? 0 Cl---7 f c;;. : ?, ,,w ,* 1" A,? +, , w?' M ?`i'<Iir 1 4,tt ( /N'S-'N }?^,`J•.14?`e7JQ? iJ'o ) ??? I? ?,'l/ ?/ ? / II "'' ` 1„ /. ck't V ,U'i' P?J !z-AYI ' ?_?TP , ?,:.?C? o.?,?.,, - .. IA . ' r , y'•? "? i, l C'1 Ftl? 10 e ?"?• y. ..Mn,•ti.s.Q ? /?? ? ? V V?L.?^?y?KJ'Qc? • ? y 'o ? "'v-W W `"? Q QY?,? ?,41,?? off""?, j y?ewv, e.., "? ?,`D,;.'L. i•CN?'f'•'•?n•'?i(;, 7"`"""-1 ['d7 Q,- ?2."Kili?i?Y 1l° Li-w, 7vy,.I? t- , EXHIBIT "B" w 95, 3b 6819-S-0 cy ] U -y i zs• ti M. • Z6- , ov 1349.- 0 •v:. 75000 x 6.00 = 430-00 0•C;. Mechanicsburg Main Post Office MECHANICSBURG, Pennsylvania 170553459 4134870055-0096 11/28/2005 (800)275-8777 03:25:42 PM Sales Receipt Product Sale Unit Final Description Qty Price Price MECHANICSBURG PA 17055 $0.37 First-Class - Return Receipt (Green Card) $1.75 Certified $2.30 Label Serial #: 70051820000059572036 issue PVI: $4.42 Total: Paid by: MasterCard Accou-? a Approval o. Transaction # 23 903110112 $4.42 $4.42 XXXXXXXXXXXX3114 025516 310 Bill#: 1000401007611 Clerk: 18 - Ail sales final on stanp,6 and postage. - Refunds for guaranteed services onlu Thank you for your Lusiness. Customer Copy ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: 05.50 + 000°50 + 100.00 + 50.00 + 50.00 + 125.00 + 100.00 + 007 11199.00 } 11199.00 + 200.00 + 002 11399.00 r+ m . y$ o. s` n f e o ru o a. ? . Ln S =E Er Ul C3 Postage $0.37 30 $2 5 C3 Ceriined Fee . p? Postrnad' ® C3 Return Receipt Fee $1.75 Here (Endorsament Required) ' ?Oy 2 $ 21. .c J ; r3 Restricted Delivery Fee (Eridorsamar't qulrad) $0.00 , . 1w r-1 Total Postage & Fees $4.42 11111128/2005, Signature . ? B eceived by (Printed Name)_ C. Date of Delivery L.Crt-c- 1 1 D. Is delivery address different from item 1? ?`Yes If.YE nTgter delivery address below: o 3. Service Type ftegis£?re ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1820 0000 5957 2036 (Transfer from service label) -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r1PALFER, WILLIAM T MDJ Name: Hon. MARK MARTIN -Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 170 BRINDLE ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FWILLIS, NICOLE 403. W SIMPSON ST MECHANICSBURG, PA 17050 WILLIAM T. WALKER L J 170 BRINDLE ROAD Docket No.: CV-0000383-07 MECHANICSBUR.G, PA 17050 Date Filed: 11/09/07 CROSS COMPLAINT 001 a. THIS IS TO NOTIFY YOU THAT: Judgment: _ FOR PLAINTIFF - -(Date of Judgment) 1/29/08 ® Judgment was entered for: (Name) WALKER, WILLIAM T ® Judgment was entered against: (Name) WILLIS, NICOLE in the amount of p 899.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 7 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 849.00 Judgment Costs $ 50.50 Interest on Judgment $ .00 Attorney Fees $ - 00 Total $ 899.50 Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS T-O-ENTER-THE JUDGMENT WTHE?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 I certify that this is a true and correct copy of the record of the Date 9 Ul a My commission expires first Monday of January, 2012 AOPC 315-07 Magisterial District Judge )ceedin s containing the judgment. EXHIBIT isterial District Judge tt Ctt SEAL DATE PRINTED: 1/31/08 2:20:00 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OP- CUMBERLAND Mag. Dist. No.. 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 WILLIAM T.WALKER CONSTRUCTION 170 BRINDLE ROAD MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: -FOR .,DEFENDANT- NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rWILLIS NICOLE C -1 , 403 W SIMPSON ST MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS r WILLIAM T.WALKER CONSTRUCTION 170 BRINDLE ROAD MECHANICSBURG, PA 17055 L J Docket No.: CV-0000383-07 Date Filed: 10/16/07 (Date -of Judgment).- 1/29/08 - ® Judgment was entered for: (Name) WILLIAM T.WALKER CONSTRUCTION ® Judgment was entered against: (Name) WILLIS, NICOLE C in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ .00 Judgment Costs $ 00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT: HOLDER ELECTS TO ENTER THE JUDGMENT-IN THE COURT OFCOMMON-PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date - Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date EXHIBIT isterial District Judge My commission expires first Monday of January, 2012 '??*? SEAL AOPC 315-07 na6291T, Vt1'r?:' ='n. -i /1,E fete Z _ Z G _ Rft zu WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs V. NICOLE C. WILLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2008-1098 : CIVIL ACTION - LAW CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing COMPLAINT as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Nicole C. Willis 403 West Simpson Street Mechanicsburg, PA 17055 Date: March 12, 2008 Jenn f r B. Hipp, Esquire V Gl7 Zf +f ' , ,_. zi I C N) '? WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs V. NICOLE C. WILLIS, Defendant TO: Nicole C. Willis 403 West Simpson Street Mechanicsburg, PA 17055 DATE OF NOTICE: April 3, 2008 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1098 CIVIL ACTION - LAW CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By: gp JENN ER B. HIPP, ESQUIRE Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, by first class mail and by Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Nicole C. Willis 403 West Simpson Street Mechanicsburg, PA 17055 Date: April 3, 2008 ?CL Jenne r B. Hipp, Esquire t'""J _ _;7 ii ?._%7 -_--'? r}? ?4 ?') L.? - f""7 fir, WILLIAM T. WALKER and NANCY A. WALKER, husband and wife Plaintiffs V. NICOLE C. WILLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-1098 CIVIL ACTION - LAW CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO: Curtis R. Long, PROTHONOTARY Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Please enter a Default Judgment in favor of Plaintiffs, WILLIAM T. WALKER and NANCY A. WALKER, husband and wife, and against NICOLE C. WILLIS in the amount of $899.50, plus costs and interests from January 29, 2008. Written notice of Plaintiffs' Notice of Intention to file for Entry of Default Judgment was mailed to the Defendant and is attached to this Praecipe as Exhibit "A". Resliectfully, Date: April 17, 2008 JENNIFER B-. HIPP, ESQUIRE Attorney ID No. 86556 One West Main Street Shiremanstown, PA 17011 Telephone: (717) 737-8761 Attorney for Plaintiffs JAMES D. B OGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail@bogarlaw.com JAMES D. BOGAR JENNIFER B. HIPP• -Also admitted to New Jersey Bar VIA CERTIFIED MAIL AND FIRST CLASS MAIL April 3, 2008 Nicole C. Willis 403 West Simpson Street Mechanicsburg, PA 17055 Dear Ms. Willis: RE: Walker v. Willis Docket No. 2008-1098 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 Direct e-mail jhipp®bogarlaw.com We are forwarding for service upon you a date-stamped copy of a Notice that was filed with the Court of Common Pleas of Cumberland County on April 3, 2008. Please contact us should you have any questions regarding this matter. Ver truly yours, JENN FER B. ' HIPP JBH/dmm Enclosure cc: William T. Walker and Nancy A. Walker (w/enclosure) Certified Mail No.: 7006 0100 0001 0299 4131 EXHIBIT LY- -, m j? > ri. o. Cr ?.? ° r?etai;e? { C3 CarMed use C3 ° Return Receipt Fee Postmark (Endorsement Required) lHera > i C7 Restricted Delivenj Fee ° I `. (Endorsement Required) i r-3 ?----- ° j.? Total Postage S: T=ees ° Sent To ? ya C3 C IrJ I - e -----.-- --------------- 1 ' s Street„opt No.; -°-°-.....---°-°-------------------°--- orAOBonNo. City, Sfate, Ztl?+4 ?' ??S?pUf ?1CfJS 714 ¦ Complete items 1, 2, and 3. Also complete A Signature item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse ° so that we can return the card to you. B. Receivpd y (Tinted Nam ¦ Attach this card to the back of the mailpiece, or on the front if space permits. I D. Is deliveryaddress different 1. Article Addressed to: If YES, enter delivery addn _I Aj_'c.ole C,. W ; l1; 5 403 W e,5y S- r"Pson S M e?ax. ? c??S , Pte, FUSS ? Agent ' ? Addressee C. at of Deliver) m em 12, ? 11 No o k ? !r v YGD 3. Service Type "---" CK'Certified Mail ? Express Mail ? Registered ?KRetum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from service label) 7006 0100 0001 0299 4131 r PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 U.S. POSTAL SERVICE CERTIFICATE OF AI NG MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE-POSTMASTER Received From: +°t? pit L S O? One piece of ordinary mail addressed to: sic: ?f S? on St SE a c + G y o I? 4 Or , ? M j o_ zoN 00 <X CD j X: CD 2 Le) rul iI O O ZIO ? e PS Form 3817, Mar. 1989 GPO : 1993 0 - 151-051 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Praecipe as required by Pa. R.C.P. 237.1 upon the following named parties this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, and First Class Mail at Shiremanstown, Pennsylvania, addressed as follows: Nicole C. Willis 403 West Simpson Street Mechanicsburg, PA 17055 Date: 4/17/08 Jenn' er B. Hipp, Esquire 2 ?3 ,?` ?Y ,. ?. ?^?` v ?'1? ?,? ? ?? v ?a ?? ?? ? r? c•? r.?? '__ - ? ; ;? ? .. ° y