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HomeMy WebLinkAbout08-1614 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. f? • //0/ Z/ 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. yr rrruw?? MAfa. 1J o. NV. NAME OF O.J. A I a 1 o? - a-- Cam- ?c cs? cc ?rcw,r ADDRESS OF APPELLANT CRY STATE ZIP CODE DA OF J DGMENNT p? IN THE CASE OF (PkWM) (per) ?' / Q Q 4- 44r 'mr r v? IV) a Iii vs 11 \ 'Q NACt ) I t..`T--oo©o©sS-Q?,, This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. 72 appellant in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Ning 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 It Name of appeft"(s) appellee(s), to file a complaint in this appeal (Common Pleas No. pg;, • ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Slg wwe of appellant or aMumey or agent RULE: To fzn 41 ___ 1 ?4 "Z, C- A appellee(s) Name of appeffWs) (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: a"- QK Sign atJae of F`h* ota or Deputy 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 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 20 Signature of official before whom affidavit was made TWO Of official My commission expires on 20 d 8 Signature ofa/fiant V V ° C 0 `A Z D- Cl) c _ -- 0 m .?j ?LYt ?? )> 21 4j'}n 0 ?.3 '1 COMMONWEALTH OF PENNSYLVANIA Col wrv r1F• COII®EHLJM Mag. Dist. No.: MDJ Name: Hon. 09-2-02 JESSICA BREWBAKER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 NEIL R. HALL 59 N EAST ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS r ]ISBLY, JANETTB 16 N. HIGH STREET C/O OFFICE OF AGING LCARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS aALL , NEIL R 7 59 N EAST ST CARLISLE, PA 17013 L J Docket No.: LT-0000055-08 Date Filed: 2/19/08 _ FOS P ><7?'IFF (Name) NEELY. JANETTE Judgment was entered against -HALL, NEIL R in a ® Landlord/Tenant action in the amount of $ 104.08 on 3/03/06 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 500.00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ OLLess-Security Deposit Applied _ Adjudicated Amount Rent in Arrears .00= $ Physical Damages Leasehold Property $ .00 -$ .00= $ ..00 00 Damages/Unjust Detention $ oo - $ oo= $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ ee L/T Judgment Amount $ _ 00 ? Attachment Prohibited/ Judgment Costs $ 104.08 42 Pa.C.S. § 8127 Attorney Fees $ _eo ? This case dismissed without prejudice. Total Judgment $ 104.08 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no satisfied y time o eviction. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A'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 MAYBE ISSUEO'BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS7HE'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 COMPLIESVITH THE JUDGMENT. - 3 0 ?5 Date , Magisterial District certl y a this is a true an r c copy o the record o the procee Ings containing the ju gmen . Date , Magisterial District R A.. .....,....... .... ..r ......;r....;;-4 RA..-A-.. ..1 1..... ....., ww.. w a? -0 - - ... err ? rnJ to7 .. ?K?> a ? Q rc7 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 C-0 ?--, ? r Wa In ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas Mo "/ 7 , upon the District Justice designated therein on (date of service) 20 b8' by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ?'?wt }? N f ?.?Z? , on 3 20 cg' ' V by personal service ? by (certified) (registered) mail, sender's rec ipt attached hereto. (SWORN (AFFIRMED) A SUBSCRIBED BEFORE WE IS DAY OF 20 0 Signature of affiant Signature of official before whom affidavit was made 4144n Title of official %W Lj-q My commission expires on 20dq-. NOTARIAL. SEAT. CLAUDIA A. BREWBAKERMOTARY PUBUC Carlisle Boro. Cumberland County M Commisslon Expires April 4,-2009 %-wmm%jmvwc#%L in ur rr-MM5TLVANIA COURT OF COMMON PLEAS Judicial District. County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. r c!? , ''' V' NOTICE OF APPEAL ` C7 ^1 G,... G: S } _ .... STATE 11P CODE G F, t' t't -i C 1 -"? :J r . !^i vs i"? 1 r +' *c- x . 1 This block will be signed ONLY when this notation R.C.P.D.J. No. 1008B. is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action . This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. L,, S01 a R&xv,& ry a Dep PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P,:D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of epp"Ws) (Common Pleas No. 6)?, , d1 . # , / ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature ofappeaant oragomey or agent RULE: To Name of appef 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 nq?fi Oft within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. i ? VM3 Y'r t.?. (3) The..ddEe at'service of-0i,rulq. Service was by mail is the date of the mailing. Dater YOU MIST INCLUDE A COPYabF E NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Y AOPC 312-02 I ) <- € .%, VA appellee(s), to file a complaint in this appeal WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPC, her Guardian, Plaintiff Vs. NEIL R. HALL, Defendant NO. 08-1614 CIVIL TERM CIVIL ACTION-LAW LANDLORD TENANT ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 /?? lk"--t? Roger M. Morgenthal, Esquire Attorney ID# 17143 Attorney for Plaintiff 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPC, her Guardian, Plaintiff VS. NEIL R. HALL, Defendant NO. 08-1614 CIVIL TERM CIVIL ACTION-LAW LANDLORD TENANT ACTION COMPLAINT 1. Plaintiff Janette L. Neely is an incapacitated person by reason of having adjudicated as such by an order of the Cumberland County Court issued by the Honorable Edgar B. Bayley, Judge, on March 5, 2008, entered to No. 21- 08-0032 Orphans' Court. 2. Keystone Guardianship Services NPC is a non-profit corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal address at 129 Market Street, Suite 1, Millersburg, PA 17061; and it is the Guardian of the Person and Guardian of the Estate of Janette L. Neely, pursuant to the above-referenced Order of Court. 3. Keystone Guardian Services NPC is not related to any party to this action and has no interest in the subject matter hereof except as the Guardian of the incapacitated person, Janette L. Neely. CADocuments and Settings\RogerNy Documents\Neely, Janette\Landlord Tenant Complaint.doc 4. Defendant Neil R. Hall is an adult individual, sui juris, whose present or last known address is 59 North East Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. 5. On April 26, 2006, the Plaintiff, by written lease agreement with Defendant, leased to Defendant the residential premises at 59 North East Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania, (hereinafter the "premises") for a stated term of one (1) year, commencing on May 15, 2006 and ending May 14, 2007 at 12:00 AM. A copy of said lease is attached hereto, made part hereof and marked Exhibit "A." 6. The lease provided in relevant part in Paragraph 27 that should the Defendant lessee hold over his tenancy beyond the stated one-year period, "a new month- to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice served by either Lessor or Lessee on the other party." 7. On or about January 10, 2008, by order of the Cumberland County Orphans' Court, through Honorable Edgar B. Bayley, Judge, the Cumberland County Aging and Community Services, was appointed as Emergency Plenary Guardians of the Person and Estate of Janette L. Neely. 8. By a written Notice to Quit dated January 14, 2008, and personally served on Defendant, who had held over his tenancy, on January 16, 2008, the said Emergency Plenary Guardian gave Defendant the required 30 days' written notice of the termination of the lease, requiring Defendant to vacate the leased 2 CADocuments and Settings\RogerWy Documents\Neely, Janette\Landlord Tenant Complaint.doc premises on or before February 16, 2008. A copy of the said Notice to Quit is attached to and made part hereof and marked Exhibit "B." 9. The said Notice to Quit was accepted by Defendant on January 16, 2008, as evidenced by his signature thereon, seen on Exhibit "B." 10. Despite being given the said Notice to Quit in accordance with the terms of the lease, Defendant failed and refused to vacate the leased premises as required and continues to reside there. 11. Defendant is obligated to pay rent for said premises during his unlawful continuation of tenancy in the rate stated in said lease, to wit: $500.00 per month, due on or before the 15th of each month. WHEREFORE, Plaintiff demands judgment against Defendant for the possession of said premises, together with any rent due and with any costs of suit. Roger M. Morgenthal, Esquire ID# 17143 Attorney for Plaintiff 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPC, her Guardian, Plaintiff VS. NEIL R. HALL, Defendant NO. 08-1614 CIVIL TERM CIVIL ACTION-LAW :. LANDLORD TENANT ACTION VERIFICATION I, CONSTANCE E. STONEROAD, state that I am the President of KEYSTONE GUARDIAN SERVICES NPC, Guardian of the Incapacitated Person, Janette L. Neely, that I am authorized to make this affidavit on behalf of the Guardian and the Incapacitated Person, and that the statements made in the foregoing COMPLAINT are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909, relating to unsworn falsification to authorities. Constance E. Stoneroad, President, Keystone Guardianship Services NPC Date: March Z W, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPC, her Guardian, Plaintiff NO. 08-1614 CIVIL TERM VS. NEIL R. HALL, Defendant CIVIL ACTION-LAW LANDLORD TENANT ACTION CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail, postage prepaid, to: Neil R. Hall 59 North East Street, Apt. 1 Carlisle, PA 17013 Date: 3 Z, Qg 6!4 ROGER M. MORGENT AL, ESQUIRE Attorney for Plaintiff 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Phone: (717) 234-2401 Fax: (717) 234-3611 E-mail:rmor e? nthal(,sasllp.com Attorney ID: 17143 Vd/L7/ZVUt3 14. 1 1 rKX Residential Lease Apartment-Condominium-House By this agreement between and \. Lessor leases to essi of CArbl 's_ lQ 008/038 on APEI aL 2ooc? herein referred to as Lessor, herein r Terre to aslessee. at a U in the City County of CUh "_>?yi State of and more particularly described as follows: together with all appurtenances, for a term of years, to commence on P?'1 20 oL , and to end on MA!A 14 200--] at );?_o'clock ,-. m. ? ' . Rents Less a ee to pay, without demand, to lessor as rent for the demised premises the sum of r/ 14 u d Dollars (S JQQ 10 D ) per month in advance on the Ff?eer\ day of each calendar moth beginning 20Q?_, at . City of Chi 12,115 state of -5 . or at such other place as Lessor may designate, 2, form of Payment, Lessee agrees to pay rent each check, OR one money order made out to 2liA in, the form of one personal check, OR; one cashier's c) - CAA 3. Late Payments, For any rent payment not paid by the date due, Lessee shall pay a late fee in the amount of Tp>^ 1,A1AY2J peM "My Dollars (S I'o,_oo n. J;iw ) 4. Returned Checks. If, for any reason, a check used by Lessee to pay Lessor is returned without having been paid, Lessee will pay a charge of LoDollars ($ moo, c--C) ) as additional rent AND take whatever other cons uences there might be in making a late payment. After the second time a Lessee's check is returned, Lessee must thereafter secure a cashier's check or money order for payment of rent. 5. Security Deposit. On execution of this lease, Lessee deposits with lessor _"6' Dollars (S -?- ), receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to lessee, witho(itInterest, except where required by law, on the full and faithful performance by him of the provisions hereof. 6. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 7. Use of Premises. The demised phmises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate govemmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 8. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than 0he j persons, consisting of I adults and ---6- children under the age of -? years, without the written consem of Lessor. Page 1 of 5 7z _?Kj U.C .wwaomtes,com e? 14 1 It 1 at 01005 SoM es Mach, 113 10..1 1 - Rev, 06N5 VJ/LJ/4VVO I-.14 rnA lei vv r/vou 9. Condition of Premises, Lessee stipulates that he or she has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time'of.this lease, in good order, repair, and a safe, clean and tenantable condition. 10. Keys. Lessee will be given . key(s) to the premises and are not returned to Lessor following termination of lease, Lessee shall be charged Dollars (S ). mailbox key(s). if all keys 11. Locks. Lessee agrees not to change locks on any door or mailbox without first obtaining Lessor's written permission. Having obtained written permission, Lessee agrees to pay for chan? ng the locks and to provide Lessor with one duplicate key per lock. 12. Lockout. If Lessee becomes locked out of the premises after management's regular stated business hours, Lessee will be required to secure a private locksmith to regain entry at Lessee's sole expense. 13. Parking, Any parking that may be provided is strictly self-park and is at owner's risk. Parking fees are for a license to park only. No baliment or bailee custody is intended. Lessor is not responsible for, nor does Lessor assume any liability for damages caused by fire, theft, casualty or any other cause whatsoever with respect to any vehicle or its contents. Snow removal is the responsibility of the vehicle owner, Any tenant who wishes to rent a parking space or garage must sign a Parking Space or Garage Rental Agreement. 14. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession or license. An assignment, subletting, concession, or license without the prior written consent of lessor, or an assignment or subletting by operation of law, shall be void' and shall, at Lessor's option, terminate this lease. 15. Alterations 'and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 16. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 17, Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 18. Utilities, Lessee shall be responsible for arranging for and paying f pr all utility services required on the premises, except that C-fS FI-et.:.r LL_ F wAotr-pr ? d_ r shall be provided by Lessor. Page 2 of 5 wvwsomteitom o 2005 socmul MWA, LLC V)10.1 - Rw. 0WS ? ooa?oaa v,)/10/GVv0 l4.te rMA 19. Right of Inspection. Lessor and his or her agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon, 20. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor. , 21. Painting. Lessor reserves the right to determine when the dwelling will be painted unless there is any law to the contrary. 22. Insurance. Lessor has obtained insurance to cover fire damage to the building itself and liability insurance to cover Certain personal injuries occurring as a result of property defects or Lessor negligence. Lessor's insurance does not cover Lessee's possessions or Lessee's negligence. Unless the opt-out clause below is initialed by both Lessee and Lessor, Lessee must obtain a renter's insurance policy to cover damage or loss of personal possessions as well as losses resulting from Lessee's negligence, Opt-Out Clause; Lessee and Lessor must both initial and date here if the requirement that Lessee obtain renter's insurance is waived, if the requirement is waived, Lessee will not be required to obtain renter's insurance. Lessor's insurance policy does not cover damages or loss of Lessee's personal possessions as well as losses resulting from Lessee's negligence. 23. Pets. Pets shall not be allowed without the prior written consent of the Lessor, At the time of signing this lease, Lessee shall pay to Lessor, in trust, a deposit of 4.0 pek, Dollars ($ ), to be held and disbursed for pet damages to the Premises (if any) as provided by law. This deposit is in addition to any other security deposit stated in this lease. Any Lessee who wishes to keep a pet in the rented unit must sign a Pet Agreement Addendum. 24. Display of Signs. During the last S b days of this lease, Lessor or his or her agent shall have the privilege of displaying the usual "For Sale" or "For Rent' or "Vacancy" signs on the demised premises and of . showing the property to prospective purchasers or tenants. 25. Rules and Regulations. Lessor's existing rules and regulations, if any, shall be signed by Lessee, attached to this agreement and Incorporated into it. Lessor may adopt other rules and regulations at a later time provided that he or she has a legitimate purpose, not modify Lessee's rights substantially and not become effective without notice of at least two (2) weeks. 26. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. Page 3 of 5 ti,,wcyocrak:m,n O 2005 Somm Medla, LLG LP310-1 - 0.ev.OMS qj VVa(VJ6 vol"14"O i.. ii rnA 27. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice served by either Lessor or Lessee on the other party. 28. Notice of Intent to Vacate. [This paragraph applies only when this Agreement is or has become a month-to- month Agreement] Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days. Changes may include notices of termination, rent adjustments or other reasonable changes in the terms of this Agreement. N 29. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elementflxcepted. 30, Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time, 31. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his or her option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his or her discretion, as agent for Lessee, re-let the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-letting, and, at Lessor's option, hold Lessee liable for any difference between. the rent that would have been payable under this lease during the balance of the unexpired term, If this lease had continued in force, and the net rent for such period realized by Lessor by means of such re-letting.'If Lessor's right of re-entry is exercised following abandonment of the premises by. LesseeAhen Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so, 32. Binding Effect, The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 33. Radon Gas Disclosure. As required by law, (Landlord) (Seller) makes the following disclosure- "Radon Gas is a naturally occurring radioactive gas that, when It has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in every state. Additional information regarding radon and radon testing may be obtained from your county public health unit." 34. Lead Paint Disclosure, "Housing built before 1978 may contain lead-based paint, Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling, Lessees must also receive a federally approved pamphlet on lead poisoning prevention, " 35. Severabillity. If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall contlnue to be valid and enforceable, If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. Page a or S e 1005 Semi Media, UC w wash+com 1F110.7 • ReV, o&OS V014 J14vVO 14. 14 r?%A r JFj u lu/uon 56v. . IN WITNESS WHEREOF, the Karnes have executed this lease the day and year firstw6tten above. Lessor, lessee. Lessor: )VIP Lessee; I 1 NOTICE: State law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state, if you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer, or other qualified person, NOTICE; Conran you local county real estate board for addh)meal fprms that may be required to meet your spedric needs Y Pipe 5 of 5 wrwsncaldum ? - 0 7MS ?.. ItI.[, I I r -' ,,'V- .'.-I I I n^ 03/25/2008 10:37 7172406118 CUMB CO AGING CM 5VC /RII+I IN LAW OFFICE 64 SOUTH My STAs 9T HAROLD S. IAWIN, f i I "NXISL$, PENNSYL,ViIN{A 17013 ._w .. www.#mh1awoA9c 2= SAPAH A, HARDESTV a-met/,, inWI71awofrice@gmail.com PAA tLESAL January 14, 2008 NEIL HALL 59 NORTH FAST STREET CARLISLE PA 17013 RE: 69 North East Street Carlisle, PA 17013 Dear Mr. Hall: PAGE 03 717-243-6090 PRONG 717-2439200 FACSWILI! You are hereby notified and required to quit, remove. from and deltvar up to Janette L. Neely the residence located at 59 North East Street, Carlisle, PA 17013 on or before the &4 day of February, 2008, as she desires to have and possess the same. You are also required to pay all rent due as of the time you vacate, HAROLD S, being duly swam according to law, deposes and says that NEIL HALL was served a true and correct copy of the above notice by personal served handed to him at 59 North East Street, Carlisle, PA 17013, on January 2008. Sworn to and s cubed before me this day of January, 2008. c)? ?f'??'9'b N ExH t "Q or JON ? btft?esH??rlYaomyyT Palle (.snide pcm. Camb?y(ind'Comdy M Colhedssian ftiM Sspt, 6, 2008 C? rha c-.:3 C.F ? `f1 c _ c ?. 6 'N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LY, TATED PERSON E GUARDIANSHIP C, her Guardian, Plaintiff Vs. Defendant ) NO. 08-1614 CIVIL TERM CIVIL ACTION-LAW LANDLORD TENANT ACTION DEFENDANT'S ANSWER TO COMPLAINT STATEMENT OF FACTS JANETTE NEE AN INCAPACt BY KEYSTON SERVICES NP NEIL R. HALL 1. Plaintiff Janette L Neely is an incapacitated person by reason of having adjudicated as such by and order of the Cumberland County Court issued by the Honorable Edgar B. Bayley, Judge on March 5, 2008, entered to NO. 21-08-0032 Orphans' Court 2. 3. Defendant testified at the March 3, 2008 hearing that a Partnership Agreement exist between Plaintiff and Defendant, signed and dated on November 19, 2007. A copy of the agreement is attached as Exhibit A. 4. Defendant testified at the March 3, 2008 District Justice hearing that anew lease agreement was in effect prior to the Partnership Agreement. Defendant requested a copy of new lease agreemgnt from 1st Preference Mortgage Co. (1 of 3) 5. Plaintiff and Defendant rehabilitated her property at 245 West Willow Street, Carlisle, Pennsylvania during the months of April and May. Jody Bitner, representing A Plus Realty estimated the cost for rehabilitation of the property at $10,000.00. Rehabilitation of the property cost less then $2,200.00. 6. Defendant performed the necessary improvements to Plaintiffs property and said property was leased in June of 2007 Plaintiff agreed to finance our business venture prior to the September, 2005 Tax Uen Sale to acquire and rehabilitate real estate properties and split profits 50%, 50%. 7. . Plaintiff cashed in stock to acquire properties in July of 2007 in accordance with the Partnership Agreement. 8. Please note Item No. 10 of the Partnership Agreement. It is farther agreed that should something happen to Ms. Neely then Neil Hall has the right to stay on the 2"d floor apartment for at least 6 months, he will use this time to find other accommodations and continue the business. 9. First Preference Mortgage Co. has refused Defendant's request to supply Defendant with a copy of new lease agreement- WHERFORE, Defendant demands the right to live at the 2nd floor apartment located at 59 North East Street, Carlisle, Pennsylvania in accordance with the Partnership Agreement and that all conditions of the Partnership Agreement be enforced. Neil R. Hail (2 or 3) -•- xr.a z 59 North East Street Carfiisle, Pa. 27013 Tel.# (717) 243-2443 Partnership Agreement 4 = 3 t,: }fe:. -,bet' 9, Gc C: { 1 tr is hereby agreed between the pars that INS .laeette Neely agrees to provide the financing for our real estate ventures. 2. It is hereby agreed that NO Hal "Mod the- abYrtabion of such I39operties, hire the men and decide what reeoeaary e10 lificaRiore-c are needed and then perform same, the property wO then be pert on the rrarjbet and sold. 3. It is hereby agreed that the props _1_" each house wed be split egtra/y. 4. It is hereby v eed that no property be soil vrrdhout the most of each partner. 5. It is hereby agreed that a duedong a?ootrtt wiN be opened {or the business Both partners vA haw access to Deese fiuhds and they are to be used strictly for the as p*Mfon of said properties and their inprovemenL It is hereby agreed that aft ia601 es of the partnership wig be paid off by December 32, 20M specWcal/ the loan that was 10 be dosed today and any other personal monies that have been kwested bythe partfies. (Siwdlita§ythe rnoneyto beythe property in Fierrdon and impnovemetrtsthus i. 7. It is #ai lhin agreed that should som$hkW happen to Ms. Neely then Ned has the r W t to use the funds in the joint cheddng 4ccoprrt for the aorp,Wtiore of fiu4ure properties and Ms. NeeWs share wi be paid diredly to Sandra Nedy. The pa ip will be dissohmd on December 31, 2006. s. ft is farther agreed that the first taua!roorres bcaeed at the entrance to s9 North East St wM be converted aft an office to conduct such business when eitluer party decides this is appropriate 9. It is farther agreed that should something happen to Ms. Neely before the loan closes "Hap has the raht to stgn the +oan Papers and start the business. AN funds w0 be stricd!? accounted for and these finurb wl be avanabie to Mell lia6 up and cacti Decemdw31, 2006 at Whidt time; tide pattrtership VA be dissolved and al debts paid. rl ? l ? lily it is farther aNreed that should happen to Ms. Neely then Nei Hal has the rat to stay an thee floor fior at least 6 months he wO use this time to b16i11e.SS. few Cthff amn afld %ANN 1L NON Hal has the rlgt to d mlve the aWeement at any tone after Ms. NWs death. At such timear m0 le-11"" be tejmW lD herestate and dk ersuch, NeN Hal! vM be no longer Ob edto paV?O%ofthe pi to Sandra Neelyfior any venthee Heil Ha0 en*wks on. I iane Neely -/y- V ? T Neil HaN PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail, postage prepaid to on April 17, 2007. ROGER M. MORGENTHAL, ESQUIRE Attorney for Plaintif 4431 North Front Street 3`d Floor Harrisburg, Pa. 17110 I Mari Bernholz certify that the foregoing is true and correct under penalty of perjury. (3 of 3) r... r5 =•'o r Tj y ` r ( ? T7 r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPC, her Guardian, Plaintiff VS. NEIL R. HALL, Defendant NO. 08-1614 CIVIL TERM CIVIL ACTION-LAW LANDLORD TENANT ACTION PRAECIPE To the Prothonotary of the said Court: Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Pa. R.C.P.M.D.J. No. 1008 for a period in excess of thirty (30) days. Date: 0 Roger . Morgenthal, Esq ire, ID# 17143 Smigel, Anderson & Sacks, LLP, Attorneys for Plaintiff 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 Phone: (717) 234-2401 Fax: (717) 234-3611 Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the supersedeas is terminated. Z-- roth notary 5105108 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, j AN INCAPACITATED PERSON j BY KEYSTONE GUARDIANSHIP ) SERVICES NPC, her Guardian ) Plaintiff ) VS. ) NEIL R. HALL ) Defendant ) NO. 08-1614 CIVIL TERM CIVIL ACTION - LAW LANDLORD TENANT ACTION CROSS COMPLAINT/ STATEMENT OF FACTS 1. Plaintiff Janette L Neely and Neil Hall enter into a verbal partnership agreement agreement prior to September of 2005 to acquire real estate properties, rehabilitate the properties, and sale of said properties and split the profits. 2. Plaintiff and Defendant modified the verbal agreement in March, April, and May of 2007 after Defendant spent April and May of 2007 rehabilitating Plaintiffs home located at 245 West Willow Street Carlisle, Pennsylvania. 3. Plaintiff and Defendant on November 19, 2007 put their verbal agreement in writing. a copy of which is herein attached. 4. Plaintiffs attorney received a copy of the Partnership Agreement at the District Justice hearing on March 3, 2008. 5. Plaintiff was deemed incapacitated by Judge Edward Bayley on March 5, 2008. 6. Plainfi f lacked the physical presence as well as the legal standing to participate in the 7. Partnership since February 6, 2008. 8. In accordance with the Partnership Agreement that Plaintiff and Defendant put in writing, Defendant has the right to stay on the 2"d floor apartment located at the Plaintiffs residence for at least 6 months and continue the business. 9. Defendant performed all conditions within the Partnership Agreement and comes into Court with clean hands according to proof at time of trial. WHEREFORE, Defendant request that the Court enforce all the conditions and terms of the Partnership Agreement in order to make the Defendant whole. Neil R. Hall June 9, 2008 p x 59 North East Street Cade, Pa. 17013 Tel .# (717 213-2443 f Agrr+fer wnt L -- It is tw6by agreed between the pares that Ms. ?i?e be lam; awes to pnoaide the finand ng for ow real esta?ce venture? 2. It is hereby agreed that Ivied lisp w0 head the rd sbion of such pn#w tks, hb+e the alft men and decide what near a . locatlora are ne®ded and then perform sage, the property vA then be pert on the mmm?et and sold, 3. It is hereby m re®d that the pro Rts *Wn each house wi be split e*"V 4. It is hereby qp a ad that no property i A be sold without the consent of each partner. 5. It is hereby agreed that a dwd&* aF=mt vA be opened for the business. Both PwbwwS wii ham access too these funds and they are tu, be used sbktiy for the acquisition of saki properties and their i vpvvMnwrrt. Nis hereby agneedthat aN Othe ptarbgrsleiP vA be paid offbV December 31, 20M SPGCMC@Nythe loan that was to be dosed :today and arty other pe $mW monies that have been invested bythe pardies. Mwdlimftdw nroneyto buythe property in Herndon and irnprowan aft thus twl 7. Itisfadw snefndtfiatshvuld som -, - ,happentolNs. iiwrr Nep has die ri?tto - e tfre fi ti fhe joinit cheddns aboou torahs of fiidue properties and Ms. Nees share wlA be paid dirvectiyto Smft Neely, part y vA be dissohvrDd on Decernbevr 31,1A0l;. 8. tt is farther agreed thatthe first two brooms k>catied at the jeertranoe to S9 Nlocth East St. will be eomverbed into an office to w"id such bewkMs aithevr party deddes this is appropriate. 9. It is faidw even that should sum ieappen to Ms. Neely before the loan closes Hai hasthe r1g~rt to s%p the foals Papers end start the business. AN firms vA be sbkOV acnoweed *w and d- as funds vA be Maiable tp NO HA up andlunti December 31, 2006 at wladr iinr% tl?e pwbmstrip vA be dissolved and ad dells paid. is Itis farther IV lethat should happen to Ms. Neely then NM Hal has the rw* tD sxyon the rdfloor for at least 6 whonths; he vA use tills time to find curer aoaa?rnodations and the bumdnesL 1L 1MeM tiM las fire rt?rtto? dts9o?Me the awe at anytime after this. Meey/s deadr_ It such time ar be r+e`peid lb ber estate and after such, Ne# Hal wi be no for - r obl?at+ed to pay cfthe p uft5to Sandra Neey form y vehmim lW fiat embaft om mum me*llf-/P- ° 7/ Ned w. 1,111,qlo 7 .ft PROOF OF SERVICE I Mari Bernhoz on June 6, 2008 did mail to Plaintiff, Janette L Neely's attorney Mr. Roger Morgenthal, located at 4431 North Front Street, 3rd Floor Harrisburg, Pa. 17110 a true copy of the cross-complaint and proof of service on behalf of the Defendant, Neil R. Hall. I certify under penalty of perjury that the foregoing is true and correct. 9 4 .J r - -/ - -- - ----- L Z G `? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPA, her Guardian, Plaintiff VS. NEIL R. HALL, Defendant NO. 08-1614 CIVIL TERM CIVIL ACTION- LAW LANDLORD TENANT ACTION PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S "CROSS COMPLAINT/STATEMENT OF FACTS" Plaintiff, Janette L. Neely, through her Guardian Keystone Guardianship Services NPA, and by and through her attorney, Roger M. Morgenthal, Esquire, of Smigel, Anderson & Sacks, LLP, hereby states the following Preliminary Objections to the Defendant's "Cross Complaint/Statement of Facts" pursuant to Pa. R.C.P. 1028: 1. Plaintiff filed her complaint against Defendant on March 28, 2008. 2. On April 17, 2008 Defendant filed his Answer to Plaintiff's Complaint. 3. On June 9, 2008 Defendant filed a document entitled "Cross Complaint/Statement of Facts." Motion to Strike for Failure to Conform to Pa. R.C.P. 1031.1 4. Defendant filed an Answer to Plaintiff's Complaint on April 17, 2008, which did not include a cross-claim. 5. On June 9, 2008 Defendant filed the document entitled "Cross Complaint/Statement of Facts" separate and independent of his original answer. For the purposes of these Preliminary Objections, Plaintiff shall consider that the document is a "cross-claim." 6. Pa. R.C.P. 1031.1 requires that any cross-claim must be included in the answer under the heading of "Cross-Claim" and not as a separate pleading. The filing of the "Cross Complaint/Statement of Facts" fails to conform to rule of court. Motion to Strike for Failure to Conform to Pa. R.C.P. 1024 7. Contrary to Pa. R.C.P. 1024, the pleading entitled "Cross Complaint/Statement of Facts" was not verified by Defendant. Motion in the Nature of a Demurrer to Defendant's "Cross Complaint/ Statement of Facts" 8. Defendant's "Cross Complaint/Statement of Facts" avers the existence of a Partnership Agreement allegedly executed between the Plaintiff and Defendant but fails to assert a basis upon which relief can be granted in the instant lawsuit. 9. Defendant requests as relief in his "Cross Complaint/Statement of Facts" that the court enforce all the conditions and terms of the Partnership Agreement in order to make him whole. 10. This claim asserted by Defendant in said pleading sounds in Equity and not in Law, and therefore the relief sought cannot be granted in this action. WHEREFORE, Plaintiff respectfully requests that "Defendant's Cross Complaint/Statement of Facts" be stricken. SMIGEL, ANDERSON & SACKS BY: ()Ii ROGER M. M R NTHAL Attorney for Plaintiff Attorney ID 17143 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Phone: (717) 234-2401 DATED: 71d F CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail, postage prepaid, to: Neil R. Hall c/o Mari Bernholz 49 N. East Street, Apt. 4 Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS BY: I? R GERM. MO ENTHAL Attorney for Plaintiff Attorney ID 17143 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 Phone: (717) 234-2401 Date: &p / 7)0 f a - ta. c:o n - _ r ?,J, ?M r-n PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must b""e1? stated in full) ??Q a r'?h ? f h iQ ee ly, CAW L 1,1 CVYA, C i 4qO U kr1 dh ( 61m J , je?v?CPS, tier&L Ardi'?„ n)e Hx I I No. li rV i? I Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): pl? '??r a%A S ?i 2. Identify all counsel who will argue cases: (a) for plaintiffs: Name and Address) y y ? 1 ?J , ? s }._-- t-fi-? ? r,jb?, .,, k"S e?, ?--5-kclk1 L L p it 1" )l (b) for defendants: ov?c k?a ? 7R SP- dA c d orb (Name and Address) SR 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: -J?A / 100 g' Date: 4 11-7 0e Signature G T2 0 P Y, , o e4i? P ? Print yo fir name / -?-} I.7193 el ^ 1' 0 Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is'relisted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPA, her Guardian, Plaintiff :. NO. 08-1614 CIVIL TERM VS. CIVIL ACTION- LAW NEIL R. HALL, Defendant LANDLORD TENANT ACTION PRAECIPE TO: Prothonotary of Cumberland County Kindly list Plaintiff's Preliminary Objections to Defendant's Cross Complaint/Statement of Facts for Argument on the next scheduled session. SMIGEL, ANDERSON & SACKS BY: ?fRrkt-j- ROdER M. MORGE THAL Attorney for Plaintiff Attorney ID 17143 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Phone (717) 234-2401 DATED: 6 11110t CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: First class mail, postage prepaid Neil R. Hall c/o Mari Bernholz 49 N. East Street, Apt. 4 Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS BY:? ROGE M. MORGEN HAL Attorney for Plaintiff Attorney ID 17143 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Phone (717) 234-2401 DATED: ?/ r -114? rv c? Fr _ . V Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Neil R. Hall 59 N. East St Carlisle, PA 17013 DATE: June 19, 2008 TO Mr. Hall: THIS IS TO NOTIFY YOU THAT CASE NUMBER 08-1614, Janette L. Neely, an incapacitated person by Keystone Guardianship Services, her gaurdian vs. Neil R. Harper HAS BEEN LISTED FOR ARGUMENT ON July 9, 2008 Cumberland Cnim1h, A----' CURTIS R. LONG Prothonotary Cumberland County 1 Courthouse Square Canisle, PA 17013 FILED -OFFi-E OF THE P ,' i .r, 1 RY 2tuJ Neil R. Hall 59 N. East St _ Carlisle, F x.70i3i$?4 S?A`*Spos?' 02 1A 0004631598 MAILED FROM ZIP NIXIE 176 OC 1 00 O RETURN TO SENDER 140T DEUNABLLEBTo FORWARDESS BC: 17013339499 *0E19-0109 i, ?,III,,,III..„„! 1, ? I I, ?, I I.„11? I.I.„I„i I.I„i, JANETTE L. NEELY, an Incapacitated person, by KEYSTONE GUARDIANSHIP SERVICES, HER GUARDIAN, PLAINTIFF V. NEIL R. HALL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-1614 CIVIL TERM IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S "CROSS-COMPLAINT/STATEMENT OF FACTS" BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 10 day of July, 2008, the preliminary objections of plaintiff to defendant's "cross-complaint/statement of facts," ARE GRANTED. The "cross-complaint/statement of facts, IS STRICKEN. By th Edgar B. Bayley, J. Roger Morgenthal, Esquire For Janette Neely Neil Hall, Pro se c/o Mari Bernholz 49 N. East Street, Apt. 4 Carlisle, PA 17013 :sal LU 7 r-+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPA, her Guardian, Plaintiff NO. 08-1614 CIVIL TERM vs. CIVIL ACTION- LAW NEIL R. HALL, Defendant LANDLORD TENANT ACTION PETITION TO RELEASE FUNDS AND NOW, comes Janette L. Neely, through her Guardian, Keystone Guardianship Services NPA, and by and through her attorney, Roger M. Morgenthal, Esquire, of Smigel, Anderson & Sacks, LLP, pursuant to Rule 1008 to file the instant Petition to Release Funds. 1. The Plaintiff in this matter is Janette L. Neely, through her Guardian, Keystone Guardianship Services NPA. 2. The Defendant in this matter is Neil R. Hall. 3. On March 11, 2008, Defendant deposited five hundred dollars cash rent with the Prothonotary as part of his appeal from the Magisterial District Judge's decision. 4. Plaintiff is entitled to receive said rent upon petition pursuant to Magisterial District Judges Rule 1008. 5. The check for said rent should be made payable to Janette L. Neely and mailed to her guardians Keystone Guardianship Services NPA at 129 Market Street Suite 1, Millerburg, PA 17061. WHEREFORE, Plaintiff requests your honorable court to direct the Prothonotary of Cumberland County to pay over the said rent in the amount of $500.00 to Petitioner Janette L. Neely. DATED: I'Ll 6 SMIGEL, ANDERSON ? /& SACKS BY: V' RO ER M. MORGE THAL Attorney for Plaintiff Attorney ID 17143 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Phone: (717) 234-2401 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail postage prepaid to: Neil R. Hall c/o Mari Bernholz 49 N. East Street, Apt. 4 Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS BY: (YER !/! M k")-- R. MORG E HAL Attorney for Plaintiff Attorney ID 17143 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Phone: (717) 234-2401 Date: -L-1 0 k -1 1 1^,} ? ':l ?? ? .,? ' ' ' ? r:: "" S1 C ; .y ? ti ? l . , ?,.a '? ^ ? ..-. J4 A, JUL 2 4 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPA, her Guardian, Plaintiff vs. NEIL R. HALL, Defendant NO. 08-1614 CIVIL TERM CIVIL ACTION- LAW :. LANDLORD TENANT ACTION ORDER AND NOW, this - - day of , 2008, after consideration of the Petition to Release Funds filed by Plaintiff, the prayer of the Petition is GRANTED. The Prothonotary is directed to pay over said funds to Plaintiff, Janette L. Neely, through her Guardian Keystone Guardianship Services NPC. n n ?r V .f,... ? ? ?? f, ?:4 . .. ?Y i ? ? CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1792 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 n , 60-1503!313 DATE . Y TO THE ORDER OF Tanef to T j?_V $ 500.00 CUMBERLAND CO. QOf' ' b© DOLLARS PRI)TNONDTAR'? V QRR? BANK 08-1614 - Neely vs. Hall "Release Rent" - 1190009211' 1:03L3150361: 108 LLLL?111' ?j ow V. 09042907292008 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 7/29/2008 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- Ic)36 NEELY JANETTE L Check Date: 07/29/2008 Check No.: 1792 RL?gT 2008- 01614 PYMT/CASH 500.00 3/11/2008 Payee total: 500.00 -------------------------------------------------------------------------------- Grand total: 500.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANETTE L. NEELY, AN INCAPACITATED PERSON BY KEYSTONE GUARDIANSHIP SERVICES NPA, her Guardian, Plaintiff NO. 08-1614 CIVIL TERM Vs. CIVIL ACTION- LAW NEIL R. HALL, Defendant LANDLORD TENANT ACTION PRAECIPE TO ENTERIWITHDRAW APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of Janette L. Neely, the incapacitated person. SHAFFER & ENGLE LAW OFFI BY: Millersburg PA 17061 (717) 692-2345 Kindly withdraw my appearance on behalf of Janette L. Neely, the incapacitated person. SMIGEL, ANDERSON & SACKS BY:'-?/ M . R GER M. MORG THAL Attorney ID 17143 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 n Phone: (717)-')34-2401 DATED: `(?;, C.) C= oo M Fn cry ?:.; vj Cn