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HomeMy WebLinkAbout04-0909COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND JUDICIAL DISTRICT 9TH NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na O 1 90 /J? 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 mentioned below .xarkla xa xxpw Axv4(i( NAME OF ArsBUNT I MAf q5T Na OR NAME OF DJ. Julie A. Shiffer 09-3-05 ADDRESS, OF APPELLANT CRY STATE Zr CODE 105 East Main Street, Apt. 1 Mechanicsburg PA 17055 DATE OF 11ACAEHT RJ TIE CASE OF (Pl Olff) (Cef&xlav) 2/3/04 Shenandoah Apartments VS. Julie A. Shiffer CLAM No SIGNATURE OF APPELLANT OR HS ATTORNEY OR v? J AGENT CV 19 SI&kr-d LT 19 LT-0000015-4 3A4+mt-c 6r- er ?v4kf This block will be signed ONLY when this notation is required under Pa RC.P.JP. Na if appellant was CLAIMANT (tee Pa. R.C. J.P. No. 10086 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his 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 ft. R.C.P.J.P. 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 Shenandoah Apartments , appellee(s), to file a complaint in this appeal ?• Name of appe/Alels) (Common Pleas Na -©y LC? ) within twenty (20) days after service of rule or suffer entry of j of ran pros. RI. 1 ??Slnet or a his etioney or agent Shenandoah Apartments '? Ufa RULE: To , appolee(s). ?' Name of appeRee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: N4(,-l 3;5),'w2zaw (/ Sipratue a Rothumoy or Deputy AOP0312-M COURT FILE TO BE FILED WITH PROTHONOTARY ROOF F SERVICE OF NOTICE OF APPEAL AND s ULT FLEE t hIP OP-19f n for 7cs YLGT BE FRED `i r? ,V Irv (5a, sI 7 ... ' no.i ; ogc also ' ;; L.x 0Oo:+" t . J,tAW COMMONWEALTH OF POINTY"ANUI ;.xacttvr? rat= ; as AFFIDAVIT, E Err t?=rsv Part;raf+; _-;? E;; s= ?,?,•a=, __ „ ..nnYtice ll.,av 0-sr, a z;er. m.w ._ 3 ct > , r> "a, 00<9 of Apo i . <; rn ;.t, '7;=as i ta. up Or e Woe u? loan at Strome) _-...__.. _.... ___w_ .............._._w_ ._1 0} (.e:wma.. aWye i ; oV [certlfip{,( t„egal t„il thaw Sl imn C ., ;ilh ., rY we ax pow ('ku'?Uj ___ ._._.._._ .. ........ .. ...._._.._ ...__. 1- 111 _._..._. . ,.. ------ ..------- ... .. . 'G.._ . ._.; by Ft,'sonal ser?;ter_: by MAW) ,recssreren} ma;i. sender's receipt ?t2chaC ners37 E] _.' arms tunhei'hot Y served the We h: Hea {,arvia v a La„r lcto of ;LOOn theappea e(s) `r ar cm ,r.. G' At was as e"A ern ----------- _---- -------- -- „ , ; ......,;. tint ... f t t ip., ato' 'eh, ti:.hrtlV .1 P'3'ktctFa t.. J;>Y CFEds'^0i -------.....----.._-------..__.._ ---------- --- .`*V 0; OMT A, o co z (? G UN? t ; t ^?'r w o (Ax bz? W ?4, no ?& YJ G" F KEVLSEU JUDGMERTTDUEFTO ERROR. COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIP' COUNTY OF_CUMBERLAND RESIDENTIAL LEASE Mag. Dist, NO.; PLAINTIFF : NAME ad ADDRESS _ 09-3-05 FSHENANDOAH APARTMENTS DJ Name: Hon. 105 E ALLEN STREET GAYLE A. ELDER MECHANICSBURG, PA 17055 Address; 507 N. YORK ST. _ MECHANICSBURG, PA L VS. DEFENDANT: NAME and ADDRESS _ Telephone; (717) 766-4575 17055 I FSHIFFER, JULIE A, ET AL. 105 E ALLEN STREET APT/STE 1 MECHANICSBURG, PA 17055 JULIE A. SHIPPER L 105 E ALLEN STREET APT/STE 1 DocketNo.: LT-0000015-04 MECHANICSBURG, PA 17055 I Date Filed: 1/22/04 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ?X Judgment was entered for: (Name) SHENANDOAH APARTMENTS Judgment was entered against SHIPPER, JULIE A in a Cl Landlord/Tenant action in the amount of $ 2, 013.18 on 2/03/04 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ . 00, The total amount of the Security Deposit is $ .00 Total Amount Established b 4pJ LLess • Security Deposit ApDli d = Adjudicated grr?ount Rent in Arrears $ b?1.00- $. "U6 _ $ 691.00 Physical Damages Leasehold Property $ .00 -$ . 00 = $ .00 Damages/Unjust Detention $ 1 , 722.68 - $ .0o = $ 1,222.68 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (it provided by lease) $ .00 UT Judgment Amount $ 1,913.69 ? Attachment Prohibited/ I Judgment Costs $_ 99.50 42 Pa.C.S. § 8127 Attorney Fees $ .00 ? This case dismissed without prejudice. Total Judgment $ 2,013.18 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is not satisfied by time of 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 y 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 RESIDENTIALLEASE, 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 JUDGMENTITRANSCRIPT. FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE' FOR'DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ' ELECTSi 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 ISSUED BY THE DISTRICT JUSTICE d': 'UNLES5•THE JUDGMENT IS-ENTERED IN THE COURT.OF COMMON PLEAS; !ANYONE INTERESTED IN THE JUDGMENT MAYFILE *AlkE0UE9LFOR EryTRY OF SATISFACTIONWITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL; SETTLES, 0R"OTHERWISE COMPLIESWITH THE JUDGMENT. - A . p 7 6 Date Y 1 ! District Justice I c rtifhat4his is a true and correct c Cot of the recordof the proceedings containing the judgment. / Date ,District Justice) My commission expires first Monday of January, 2006. SEAL AO C 315A-03 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) BAYS AFTER firing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMberl and , as AFFIDAVIT } I hereby swear oraffirrn that I served V a copy of the Notice of Appeal, Common Pleas No. 04°909 _ , upon th?e?istrict Justice designated therein on (date of service) March 4 22004 0 by persona; service V by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Shenandoah Apartments March 4 on by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal uporrthe appellees) to whom the Rule was addressed on March 4 __ ,-41-Wa4:1 by personal service [Vby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS r.....?..,?._.,..._.,__ DAY OF March 4 , 1YX 2004 Signature of olfraa; i 0,'Cru wi>cm of dsvit was msrie Notary Public Signature of affiant arty Or of/icfat my commi Sion expires on __, is PffiidaLTOme Notary PuWiC My mis Expir ire 7Ju , 22000*4? C') o = r nl : i .o C cU - n D F3 C.. C: NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT )TF FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 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 mentioned below Iom$.. , Julie it.. Staffer 119. :i ADDRESs OF APPELLANT ••• • - 105 Eas* }Pair Street, Apt. 1 M4 cliferiesburt Pre 17055 E F J GHENT N THE CASE CIF (PoarRHi) -2/3/04 Shenandoah Apartments vs JtII-ie ,1, lksiffer Cv 19 LT 19 LT-0000015-4 i ,N(, ., This block will be sig11'ed ONLY when this notation is requlrea ulluer R.CPJP. 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature or Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 Shenandoah Apartments or appellee(s) appellee(s), to file a complaint in this appeal L ' Na7re /?)l.G?-r/J ) within twenty (20) days after service of rule or suffer entry of j of non pro& '") oL (Common Pkos Hv ° e I ure of appellant or he attorney or egent RULE: To Shenandoah Apartments oppellee(s). Name of appeneels) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (2Q) days after the dote of service of this rule upon you 4y.personal service or by certified or registered mall. (2) If you do noP file' a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule if service was by mail is the date of mailing. ,--+1 Dare: 30j6.2G29S1 l h J'? "'?`:4?s a or Aornmordr or Dw* ADPC 312-M COURT ' FILE IN ..C ru u.s. Post al servica CERTIFI (Domesli ED MAIL RECEIPT c U111 Only' No lnsu.anOe CovO,,vd(, Provided) r-3 RLW Postage ? SHIFFER uT Certified Fee I'r1 Return Reoelpt Fee (Entlorsement Required/ C3 Restricted Delivery Fee O (Entlorsean Required) O Total Postage a Fees ,$ C3 Ln Sent To r- ?. 30 Gayle A. Elder -------- . O Street, Apt. No.; or PO sax No. city 0 507 N. York Street a tale, IPA 4 '.__- M1 7 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gayle A. er District ce 507 N. Yo treet Mechanicsb I, FA 17055 A. X B. Postmark Here by D. Is delivery iKYsI dR If YES, enter delivery Agent O Addresser e) C. Data of Del' ery from Rem 17 ? yes es beloy r1 4 F' 3. Se Type 117 Gertifled Mall ? Express ? Registered ? Return I ? Insured Mall ? C.O.D. 4 Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7000 1530 0003 5401 2867 (Transfer from service /.ball PS Form 3$11, ALI 2001 Domestic Reeem Receipt __,__ _ 102565.02-M45W M1 IU ru ,-q O Ln uT m r3 O O O M Ln r9 E3 r3 O M1 U S' Po l.u 5crviu; CERTIFIED MAIL RECEIPT iDom.. yI ; Aid" OnIV No /ncu,.m, .. 1rJ+° P•nv,deA1 Return Recelpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage a F.. ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse 80 that we can return h ¦ Attach this and to the back of the mailpiece, or on the front if space permits. . "„?,on raaeap 10: Shenandoah Apartments 105 E. Allen Street Mechanicsburg, PA 17055 ? Express Mail ? Return Receipt for Merchandise (fnvls{er lrorrl service /aW) iuu0 1530 0003 5401 2874 PS Form 3811, August 2001 Dornassp Return Rscelpl 1025gR02-M45W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, § Plaintiff § V. § JULIE A. SHIFFER, § Defendant § CIVIL ACTION - LAW NO.: 04-0909 APPEAL FROM DISTRICT JUSTICE JUDGMEN'T' DISTRICT 09-3-05 No.: LT-0000015-4 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 the 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 Plaintiffs. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 / (800) 990-9108 USTED HA SIDO DEMANDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de is proximos viente (20) dias despues de la notification de esta Demanda y aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escritosus defenses de, y objections a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tornar accion como se escribe anteriormente, el caso puede proceder sin usted y un fallo por qualquier suma de dinero reclamada en la demandaa o cualquier otra reclamation o rernedio solicitado por el demandanta puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad y otros direchos importantes para usted. USTED DEBE LLEVA.R ESTE DOCUMENTO A SU A.BOGA.DO IMMEDIATA.MENTE. SI USTED NO TIENE UN ABOGA.DO, LLA.ME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN A.BOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUA.LIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 / (800) 990-9108 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, § Plaintiff § V. § JULIE A. SHIFFER, § Defendant § CIVIL ACTION - LAW NO.: 04-0909 APPEAL FROM DISTRICT JUSTICE JUDGMENT DISTRICT 09-3-05 No.: LT-0000015-4 COMPLAINT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Shenandoah Apartments, Plaintiff in this cause of action, and respectfully shows this honorable Court the following: 1. Plaintiff Shenandoah Apartments is a Pennsylvania corporation doing business at 105 East Allen Street, Mechanicsburg, PA 17055. 2. Defendant Julie A. Shiffer is an individual whose last known address is 105 East Main Street, Apartment 1, Mechanicsburg, PA 17055. 3. On or about August 7, 2003, Defendant entered into an agreement to lease an apartment for a period of 1 year, paying $575.00 per month for use of the apartment. 4. A copy of the lease agreement by and between Plaintiff and Defendant is attached as Exhibit "1" 5. In violation of the terms of the agreement between 4he parties, Defendant did not pay the agreed upon amount for January 2004. 6. In accordance with the terms of the contract, Defendant was charged a late payment fee of $116.00. 7. Defendant was subsequently evicted and abandoned possession of the apartment. 8. Inspection of the property formerly occupied by Defendant showed damage due to Defendant keeping two (2) cats in the apartment, in violation of the terms of the agreement. 9. Said cats have caused damage in the amount of $1,2,22.68. 10. Further, Plaintiff has been unable to lease this apartment since Defendant's abandonment of the apartment, resulting in further damages in the amount of $1,725.00. 11. Demand has been made upon Defendant for payment of the amounts owed but Defendant refused and continues to refuse to pay the amounts owed. WHEREFORE, Plaintiff demands judgment against Defendant as follows: a. Judgment in the amount of $2,013.18 for past due rent, late fees and damages; b. Judgment against Defendant in the amount of $1,725.00 for rent lost as a consequence of Defendant's abandonment of the apartment; c. Prejudgment interest at the highest rate set by law; d. Postjudgment interest; e. Reasonable Attorney's fees; f. All Costs of Court; and g. Such other relief as the Court may deem appropriate. Respectfully Date: 2-0 l By: 1 10 Donald R. Reavey, Esquire Attorney I.D. No. 82498 Michael B. Volk, Esquire Attorney I.D. No.: 88553 Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff VERIFICATION I, Michael B. Volk, Esquire, do hereby verify that the facts made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is being made as no other representative of the Plaintiff is available and time is of the essence. Counsel will substitute a verification of an authorized representative of Plaintiff as soon as it becomes available. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. ? y By: D? R. Reavey, Esquire v I.D. # 82498 Michael B. Volk, Esquire Attorney I.D. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Michael B. Volk, Esquire, do hereby certify that on this dayof I- t:-::-,-2004, I sent via Certified and First Class ]Mail a true and correct copy o Plaintiffs Complaint, addressed as follows: VIA CERTIFIED MAIL: 7003-2260-0000-9890-6932 VIA FIRST CLASS MAIL: Weigle & Associates, P.C. ATTN: Richard L. Webber, Jr., Esq. 126 East King Street Shippensburg, PA 17257 Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff Michael B. Volk, Esquire Attorney I.D. # 88553 2933 North Front Street 02/08/2004 06:16 7910405 This Reildenuel Lease dated this day Landlord and \ SHENANDOAH APTS LEASE n Shenancroah PILO ¢nU4r_2e jointly and severally as Tenant. the icmts ahul in this Rcsidealial Laic, 1. LISASEU YNe•mr?ra (J tt.f.z •---? e r h a n i ny= him . lOlaE. A?fen S z.TERm QRLE?;iE The term of this lease shall be for an initial of -W beginning on the \ day ?02J term of and ending on the\ day °f 2OQ_• After the expiration of the init' term, 'the lease wiunlessoeither matically renew for successive terms of t Cc _ r Tenant or Landlord gives to the other party sixty (60) days written notice of such party's intent to terminate. In default of such notice, this lease shall continue upon the same terms and conditions as were in full force immediately prior to the expiration of the initial term or any renewals thereof, except for any increase in rent which shall be made by the andlord in writing no later than 60 days prior to the expiration of the initial term or any renewals thereof. 3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum Sk.NOfU as basic rental fort lease term. The rental stall be payable monthly in advarrrx on the first day of each month during the l aaa term in the amount of S Widrour prior demand by Laadtord. Payment of rental shall be to the business addmss of the Landlord, or upon written notice to Tenant, at Another location. Any check not cleared by the Tenant's bank will be considered late rent and will be subject to a returned check charge (not to exceed $20.00) plus the late charge. _ . Landlradnd Tenant agroo that timely paymet of the rental and perfumnaace of s0 terms And conditions of this lease arc of the essence of this lease. If the monthly rental shell po,( have been paid after the 5th of the month when the rental shall have been due, dun Tenant "a to pay the lode charge of S 5 0 der day starting with the day when rho rental payment was due. The late charge be payment. the re payment is out ot. Landlord tat comtpmaasa Landlord for addil" admmW retire 3 said hct?re of the pwby lee lashall te at the proper address by first class mail, postage prepaid, or paym If the Tartan violates any of the tame and conditions of this luxe' the Landlord has the right to cnforw collection of the entire unpaid balance of the tart for the remaining tern of the law. - 4. SECURITY DEPOSIT. After signing this Residentud tease, and before tht Te ant takes pass onion the Lessard Premises, Tenant shall pay to Landlord a sum equal to n Q.•r, mourhY rani (or 1i Landlord All a security deposit. Barbra I,andlortt retarna the security deposit to the Tenant: 1) Tenant shall vacate the Leased Praia and Landlord shall inspect the Loosed Promises for damage; 2) Tenant shall have complied with all lease terns, conditions And rules sand regulationr, said 3) Tenant Shat have paid in full the renal, additiaud rental and late charges oif any. Lanrdi l ird amay h retaintoil or and to Tenant' v or pan of the Seoul* Deposit to reimburse Landiond for my and all loss, damage Aid this a conditions, or ruler And regulations of this Rairlential Lease or due to nonpayment of rent, additional rent or late aargas, if any. Tenant acknowlalgoa liar the Socuritv Deposit is not to be used as oayment of the lot month's rent. 3. INABILITY OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to Iransfer posseaaion to Tenant At the beginning of this Residential Lease, then the lease term shall begin, but Tenant's obligation to pay recall shall be suspended until landlord is Able to innafer posecesion to Tenant Landlord shall not be liable to Tenant for damages if Landlord is unable to transfer rem posacssien of the Loosed Promises for causes reasonably beyond Landlord's control. o r If the the pLeased rior tenant Prem colds Tover enant is ains inlft Loosed Promisee after the term ends, the Landlords obligation to transfer poaewi 1 02/08/2004 06:16 7910405 SHENANDOAH APTS PAGE 03 6. DESTRUCTION Olt LEASED PREMISES Tenant shall notify Landlord as soon is possible of any fire or other loss in or about the Leased Premises. Tenant shrli notity Landlord ncdf Tenant, aLandlord lmul 3t or alien condition in or about the Leased promises which threatens 1119 Leased Premises, or the property or safety o If the Leased Premises is partially destroyed by tire or other casually, Tenant shall have the right and option 1) to continue to occupy the habitable portion of the premises, or 2) to terminate this Roidendal Lease absolutely and receive a refund of rent paid through the date of transfer of possession to Landlord. 7. INSURANCE. Lasdlerd shall insure the structure within which the Lased Premises is located for fire and extended coverage. Tenant vital[ insure Temaurs peraciud property in or about the Leased Premise:[. g. SUBLETTING AND ASSIGNMENTS. Tenant shall not assign this Rcsidundsl [ease or enter into any subteen agratnent without the price written consent of Landlord. Any attempted assignment or sublease by Tenant without the prior shell cotvuu of Landlord is a violation of this Rosid-Wia[ Lead. If Landlord shall corisam to an assignment or sublease, any not bu considered to be a consent to any other assignment or sublease. 9. RELIEF Of LANDLORD FROM LIABILITY. Land[odd is not liable for lass, injury, or damage to any person or property union the lose, injury or damage is caused by the Landlord's intentional acl or neglect. Tenant shall repay to Landlord any mono, spent by Landless! due to Tonsure intentional w:l or neglect. Tenant is responsible for all intentional eels or neglect family, and others who use the Leased Premises. Landlord shall not be liable for any injury or damage caused by water, rain, snow or We that Wake or flows from whatever source into or around the Leased Pretniso or the building within which [he Leased Promises is loafed. 10. USE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used rot residential purposes only without the prior wrihon consent of Landlord. Tenant shell occupy and use the promises in conformities with at Federal, state slid Local laws, Regulations and Ordinances now in force or that may be enacted in the future. Tenant shell not store any flammable, husiolous, or toxic subatances or engage in any activity in or about the Leaved Premises which substances or activities expose Tenant. Landlord. or others to a risk of injury, loss or damage. '4_ Tenant agree that the Leased Premiss shall not be occupied by more than y people without the prior consent in writing of Landlord. 11. RULES AND REGULATIONS. In addition to des terns and conditions in this Reaidcnfial Lease, Tenant shall be bound by Landlord's standard Rules and Regulations which are atachad to this Lease. Landlord shall have the right during the term of this lease to cheige or add to thesis Rub and Regulations provided that the purpose of any change or addition shall be to pmserve the Leased Premiss and the quiet enjoyment of all the [events. No change or addition to the Rules and Regulations shall became effective until Tenant bas been provided with a written copy of the changed or added Rules and Regslalioms by mail, posting or delivery to the leased PtetnLWa Tout egress that a violation of the Rules and Regulations shall be a violation of this Reaidential Lease. Vuslation of the Rules and Regulations by Tenant shat permit Landlord to exercise any and all remedies provided for in this Residential Lease. 12. SUBORDINATION. This Residential Lane is ntbordiraW to any and all mortgages and security interests that are presently on the property or that in the future may be tan the property of which the leased Premises is a part. 13. CARE AND MAINTENANCE OF LEASED PREMISES. Tenant shall use good care when using the Leased Premises and all appliances, fumirtue (if applicable), fixtures, and all healing, ventilating and air conditioning syst m i within the Leased Premises. Tenant also shag exercise good we when using any part of the building within which the Leased Promises is located. Tenant shall pay for all repairs to the leased Promises, its contents, or any property of Landlord caused by the lack of Sued care by Tenant, Tenant's farnily numbers and Te taors guests. Upon ending of this Residential lose for any cause, Tenant shag peaceably surrender possnaioo of to Leaved Premises said is contents to Landlord in w goad order and repair as at the beginning of the lease term, except for reasonable wear and test. Tenant shell notify Landlord of any repairs or the need for repairs within the Leased Promises. 14. RIGHT OF ENTRY. Landlord and persons authorized by Landlord shell have the right to ants the Leased Promises At all reasonable times to inspect, perform maintenance, do repair and show the premises to prospective tenants and putuhasera. 15. UTILITIES. Charges for utilities and services supplied to the I.essed Promises; shell be paid as follows: Charge or Servicc: Television Cable Electric to Premises Paid By, .tenant tenant 02/08/2004 06:16 7910405 SFENANDO 1M APTS PAGE 04 .tandLoltd water service N / A _ Natural Oas t a n dZ o n, d Ralum Collceuon Ea n d.t o K d Lawn Maintensnce Q a n dt o h d Snow and Leaf Removal _ N/A W rta sononer Charges T a n d.t o n. d Sewer Charges r- N/A Condominium Fee NIA ` Homeowners Association Fee Perkins Fee t e itan.t past Control Charges tenant Telisphotte Other; Landlord shall have the right to temporarily suspend any utility or other services to the Lased Pnanis^u in order To do maintenance slid repair or protect the property of Landlord or Tenant fiurn risk of harm or loss. 16. REMEDIES. IfTeaant fills to pay red or any other uharga when due, or if Tenant vialea any other tarns, conditions, odes u rcgulsnum in this Rai lismial Law, Landlord may take action against Tenant. In such a case, Landlord does not have to Siva any notice of wmwulion or notice to quit to Tenant bofore taking action. In such a can landlord may take any or all of One following actions: a) Termineta this Residential lase without prior notice. b) Suo Tenant in court to recover possession of the Leased premises without giving Tenant Prior !notice b Quil the Leaved promises. c) Sue Tenant to =over the whole balance of the NOT and charges owed lilt the romsining lesw lam. d) Sue Tenant for all damages, including roasunabla anorney's fees, rcsutling from Tenant's violation of any terms, conditions, rules or regulations in this Rcaidemial Lau. Landlord may seek one or more than one remedy contained in this Residential Lease. Landlord's taking of any action against Tenant shall not provenl Landlord from taking other and additional actions against Tenant Landlord's future to enforce any Tenn, condition, rule or regulation "I not prevent Landlord from enforcing the tarn, condition, rule or regulstiun at a later time. 17. ATTORNEY'S FEES AND COSTS, If Landlord shall enfor a the provisions of this Residential Leslie in tiny court against the Tenant, Landlord shell be entitled as part of any court judgment to be reimbursed for all costs and expenses of enforcement including rcossomble attorneys feu, Ile. GOVERNMENTAL POWER OF EMINENT DOMAIN. Gtuncnt dontatn is the right of a govemmcnt to take private luopetty for public use. Fair componestion must be paid. Fell or any part of the Lased Premises (or the building within which the Loosed Prwnises is located) is taken by eminent domain, the lease shall krmiate as to that port taken. Landlord shall not W liable to Teeaut for any claim by Tenant for Ion of use of all or any portion of tho Lased Premisea (or the building within which die Leased Practises is located) or because this Residential Lease has bean lermialed. 19. BINDING EFFECT. This Residential Lease legally binds The Tenant, Landlord and their heirs, executors, personal representatives, successors and assigns. Tenant shall not have the right to assign this Residential Lase or sublet the Leased premises without the prior wrian consent of Landlord. 20. ADDITIONAL TERMS. CONDITIONS, RIDERS AND AMENDMENTS This Lease includes all those additional tams, coalitions, ridcre and amendments indicated below. The terns and comditioms included in the allaclmd Riders and Amendments arc pan of this Residential Lem. Tenant (a) shall not maintain or penit to be maintained upon the Leased Prernisea or any portion of the property of which the Leased Pns»isas is a part any animals or pets whatsoever without Oat prior consent in writing or the Lntadbrd. 02/08/2004 06:16 7910405 SHENAhJDOAFI AP-,S PACE 05 TtmAmTsHOuLDNOT SIGNTHIS RESIDENTIAL LEASE THE INFORMATION INCLUD&D IN HE IMPORTANT NOTICL ATTACHED HIS RES DENTIAL LEASE. TEnEnt(s) acknowledge n of s c or This RoM atwl Lux Ja the Landlord" T ant: 02/08/2004 06:16 7910405 SFENANDOAH APTS PAGE 06 SHENANDOAH PROPERTIES LEASE ADDENDUM -RULES AND REGULATIONS- 1. Tenant and guests ahaZt not at any time make any noise,ot do anything or conduct themsetvea in any way which d.cstu)Lba any othe)L tenant of inte46enea with the )Lights, com6o)Lt ox con- venience o6 any othea tenant. Musicat o)L sound paoducing inatnuments am. singing within the dweZting ahatt be inaudible outside the dweZting between 11:00p.m. each night and 8:00 a.m. the 6oZZowing morning. 2. In the event additional pensona shalt Zive with Tenant in the apa)Ltment, a cost o6 $10.00 pen pe)Laon pert, month'6on each additional penaon shalt be paid by Tenant. 3. Tenant must obtain wnitten permission 6rom Landtond be6o)Le inatatting extra phone jacks, TV eabZe, window security tacks, and dead butt tacks. Alt costa incuhted with the addition o6 any o6 these items could be made the )LesponsibiZity oS the Tenant. 4. Tenant agrees to ptace trash in dumpste)La Located on the premises and not on the ground around-the conta.iner.No trash is to sit outside a doors 6o)L any tength'o6 time, Hattways,watke and Zawne must be kept J4ee 06 peraonat items and papena. Tenant agrees to 6ottow the Meehanicsbu4g 13o)Lo Reeycting nequinementa bon disposat o6 glass, atuminum/metat,ptastic, and newspaper. 5. Tenant agrees not to use patio/balcony Son stotage on drying o6 Zaundny. 6. No outdoor cooking devices are permitted on 2nd and 3rd 6too)L balconies. 1. Washing o6 ea)Ls on pnemisea on use of water 6)Lom premises Soh the purpose o6 washing cats is prohibited. 8. Tenant is responaibte Jon maintaining the smoke detecto4 in working order at att times. Tenant is to provide his own tight butbs. g. Tenant Ahatt not change Zoeks or .instatt a.dditionat tacks, with- out the wnitten consent o6 Landloxd. 10. Att vehictes must be parked within ptopetty marked spaces. RVs, boats, mototeyetes, etc. may not be stored on the p4emi.ses. Att vehietea must be eu)L)Lentty tagged and inspected at att times. No repairs o6 vehictes are atlowed on the premises. 11. Tenant is %espon4ibte 6or the actions o6 their chitd)Len on the ptemis es . 12. No baZt playing o)L 6)Liabee throwing is permitted on the p)L emis es . 02/08/2004 06:16 7910405 qjDW4DGAH APTS PAGE 07 L 13. Supptementany heating un.ita, ouch as ke•2oaene heateAa, wood etovea, apace heaters, gas heatena, eZectr.ic heaters, camp heat- ers, etc. are not permitted in any apartment on townhouse. 14. Upon expiration a6 this tease, Tenant ahatt remove aZZ trash and debn.ia 6-tom the pnem.iaea, clean aZt appZ.ianeea •inetud.ing the ne6A.igerato,% and range, and leave the pnem•iaea in a ctean and tanttany condition. 15. Tenant agneea that Landtord may change these regutatLons as nequ.ined to protect the dwetZ,ing on LandtoAd'a others pnopenty. These regutat.iona arse made a pant o6 th.ia tease agreement and 6a.itune to eompty with same ahatt be cause 6oA .termination by Landtord. 16. Carpets must be pro6eaalonatty eteaned by a. 6itm-appnoved by Landtord upon move-out and a receipt pnovid:ed to Landtord. 17. Tenant ahatt maintain the heat with the Zeated pnem.i.aes at a tempenatune no teat than 50 degrees at alt .ti.mea. 1s. No watenbeda are penm.itted without wn.itten approvat o6 Landtord. 19. Standard p.Cetune hangers only in watts. Nay tape, adhea.ive hangen.a, na.ita, acrtewa, spikes, botts, adhea.ivea, anchors, etc. 20. No hoZea at att in ce.iZ.ings, doona, oA woodwork. 21. No abnaa.ive eteanters (Ajax,Comet) ate to fie used on bathroom .6inka, tub or ahower watts. "Scrub Free" and "So6t Scrub" work great. 22. Nothing to be ptaeed in toiZeta other than tissue paper. 23. No v.iAti.ng pet, 6. 24. No Contact Paper to be used in cabinets. 25. No storage of gas and charcoal grills inside. They may be stored in the townhouse basement, however under no cir mstance should propane tanks be stored anywhere indoors. CII J,.k SHENANDOAH APTS PAGE 01 02/08/2004 06:16 7910405 ): IMPORTANT NOTICE rHIS PAGE EXPLAINS C QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AIAN ATTORNEY- DO NOT SIGN THL41 RESIDENTIAL ?I'• SPECIFIC Q CLEARLUNDERSTAND THE INFORMATION ON THIS PAGEASE UNLESS YOU HAVE READ AN As Tenant, you violate the terra and conditions of this Residential Lease If you: 1) Fail to make timely Payment of rant ur other chugcs to the Landlord. Or, 2) Vacate the Leased Premises without the Landlord's consent prior to die end of the lease term. Or, 3) Fail to vacate this Leased Promisee at the end of the Icase term. Or. 4) Fail to perform sny of the obligatioru included in the lease, rules end regulations the riders or amendments. Or. 5) Violate any Rules or Regulations which are made a part of the Residential Lease. Paragraph 16 Includes t. waiver of "Notice Ito Quit". When "Notice to Quit" Is walved, if you violate the Rasideotlsl Leos, the Landlord has the Immediate right to file a complaint In Court reeidog an order evicting you Court vooking your from the Leased Premises. The Landlord od bUsadoout a a Tenant. aEven though you are waai ving lia "N ice to Quit". you will still uoims kas you have violated ted your will seW have an opportunity in Court to contest the validity of this Landlord's drhm for eviction. If you violate the terms and conditions of the Residentlal lease, the Landlord has the right to seek the following remedies apknt you In Court: damages caused by your violation of the Icese lams 1) A ludgtmi. for overdue rem, late charges and monetary and ooaditrans. 2) An Order for Recovery of Possession through an eviction action. 3) A Judgment for unpaid rent for the balance of the lease term or until another person takes possession of die Leased Premises as a new Tenant. ARE IF THERE 15 RE &X UABLE FOR THSIGNING THIS RESIDENTIAL LEASE, E PERFORMANCE F AU TENANT OB GATIOAN .S THIS TN ONE MEANS THAT 'THE LANDLORD HAS THE RIGHT TO SUE ANY Q n TENANT OR u OF THE =AM FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGEMENTr I, THE UNDERSIGNED TENANT(S), HAVE READ AND UNDERSTAND TI IE ABOVE DISCLOSURE. M T TEN ,.? •_ ?, `? .4- =n '_T? ? -i7 •-r _ '''1 ii,r jf:.? '-! ?? ?- , '; a. _, 1- J ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, § Plaintiff § V. § JULIE A. SHIFFER, § Defendant § CIVIL ACTION - LAW NO.: 04-0909 APPEAL FROM DISTRICT JUSTICE JUDGMENT DISTRICT 09-3-05 No.: LT-0000015-4 PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached verification for the previously entered attorney verification for the Complaint in the above captioned case. Respectfully submitted: / By Do ld R. Reavey, Esquire Attorney I.D. # 82498 Michael B. Volk, Esquire Attorney I.D. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff CERTIFICATE OF SERVICE V-v I, ichael B. Volk, Esquire, do hereby certify that on this Z 7 day of 2004, I sent via First Class Mail a true and correct copy of Plaintiff's Praecipe to Substitute Verification, addressed as follows: VIA FIRST CLASS MAIL: Weigle & Associates, P.C. ATTN: Richard L. Webber, Jr., Esq. 126 East King Street Shippensburg, PA 17257 Michael B. Volk, Esquire Attorney I.D. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff VERIFICATION I, Susan Updeg4a o hereby verify that the facts made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unworn falsification to authorities. By: UpdegraW\ Manager, Shenandoah Apartments 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, § Plaintiff § V. § JULIE A. SHIFFER, § Defendant § CIVIL ACTION - LAW NO.: 04-0909 APPEAL FROM DISTRICT JUSTICE JUDGMENT DISTRICT (19-3-05 No.: LT-0000015-4 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT JULIE A. SHIFFER Date: 5 2 b (54- 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 013JECTIONS 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT GENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166/(800) 990-9108 / ""e ]Donald R. Reavey, Esq. Attorney I.D. h'. 82498 Michael B. Volk, Esq. Attorney I.D. h. 88553 2933 North Front Street Harrisburg, PA. 17110 (717)233-4101. Attorneys for Plaintiff ©`?` Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, § Plaintiff § V. § JULIE A. SHIFFER, § Defendant § CIVIL ACTION - LAW NO.: 04-0909 APPEAL FROM DISTRICT JUSTICE JUDGMENT DISTRICT 09-3-05 No.: LT-0000015-4 CERTIFICATE OF SERVICE I hereby certify that on this the r $? day of 2004, I served the foregoing Notice of Intent to enter Default Judgment on the erson(s) and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: VIA CERTIFIED MAIL: 7003-2260-0000-9890-5430 VIA FIRST CLASS MAIL Weigle & Associates, P.C. ATTN: Richard L. Webber, Jr., Esq. 126 East King Street Shippensburg, PA 17257 Respectfull mitte( By: Donald R. Reawey, Esquire Attorney I.D. No.: 82498 Michael B. Volk, Esquire Attorney I.D. No. 88553 CAPOZZI & ASSOCIATES, PC 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff n r._ o o O J C7? c n -? cn cn SHENANDOAH APARTMENTS, Plaintiff V. JULIE A. SHIFFER, Defendant TO: Shenandoah Apartments IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW N0.04-0909 Civil Term 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 judgement 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 Defendants. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717)249-3166 OR 1-800-990-9108 WEIGLE E ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENS5URG, PA 17257-1397 SHENANDOAH APARTMENTS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, V. CIVIL ACTION - LAW JULIE A. SHIFFER, Defendant NO. 04-0909 Civil Term NOTICE TO PLEAD To: Shenandoah Apartments, Plaintiff c/o Donald R Reavey, Esquire You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire I.D. No. 49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 SHENANDOAH APARTMENTS, Plaintiff V. JULIE A. SHIFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 04-0909 Civil Term ANSWER TO COMPLAINT, NEW MATTER and COUNTERCLAIM AND NOW come the Defendant, Julie A. Shiffer, and files this Answer, New Matter, and Counterclaim, averring the following: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that Defendant did not pay the agreed upon monthly rent for January. It is denied that Defendant was in violation of the Lease. To the contrary, Plaintiff constructively evicted Defendant in January 2004 by changing a lock to Defendant's apartment. 6. It is admitted that the Defendant was charged a late fee payment of $116.00. It is denied that any late fee payment is due to Plaintiff. 7. It is admitted that Defendant was evicted, constructively, by Plaintiff. It is denied that Defendant abandoned possession of the apartment. 8. Denied. There was no damage to the apartment at the time that Defendant was constructively evicted, or at any time thereafter. 9. Denied, for reasons stated in Paragraph 8 above. 10. Denied. Defendant did not abandon the property. Defendant is without sufficient evidence to form a belief relating to whether Plaintiff was able to lease the apartment. The same is therefore denied. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 11. Admitted. WHEREFORE, Defendant requests that plaintiffs cause of action be dismissed and that judgment be entered in her favor and against Plaintiff. NEW MATTER 12, Paragraphs 1 through 11 above are incorporated by reference herein as though set forth in full. 13. Plaintiff changed a lock to Defendant's apartment while Defendant lawfully possessed the apartment. 14. Defendant paid to Plaintiff a security deposit of $575.00 on or about August 5, 2003. 15. At all times relevant hereto, Defendant exercised good care and maintenance of the apartment. WHEREFORE, Defendant requests that Plaintiffs cause of action be dismissed and that judgment be entered in her favor and against Plaintiff. COUNTERCLAIM 16. Paragraphs 1 through 15 above are incorporated by reference herein as though set forth in full. 17. Plaintiff s conduct in changing the locks to Defendant's door was in bad faith and with intent to exercise unlawful control over Defendant's apartment. 18. Defendant's conduct in this matter was wanton and outrageous. WHEREFORE, punitive damages, respectfully reaso able at orney fees, awarded costs, and danye otther the amount of $575.00, , p pnit appropriate relief. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire I.D. No. 49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Attorney for Defendant WEIGLE 6 ASSOCIATES, RC, - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 172S7-1397 VERIFICATION I, Richard L. Webber, Jr., Esquire, do hereby verify that the facts made in the foregoing Answer, New Matter, and Counterclaim are true and correct to the best of my knowledge, information, and belief. This verification is being made as no other representative of the Defendant is available and time is of the essence. Counsel will substitute a verification of an authorized representative of Defendant as soon as it becomes available. I understand that any false statements herein are made subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unworn falsification to authorities. WEIGLE & ASSOCIATES, P.C. Date: 7/ 0 L/ By: Richard L. Webber, Jr., Esquire Attorney for Defendant I.D. No. 49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE 6 ASSOCIATES, HC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 (_? N O ? - T -- fll :i7 `? ?1 '-?'ri - ' _ - - `.'.7 ux -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, § Plaintiff § V. § JULIE A. SHIFFER, § Defendant § CIVIL ACTION - LAW NO.: 04-0909 APPEAL FROM DISTRICT JUSTICE JUDGMENT DISTRICT 09-3-05 No.: LT-0000015-4 ANSWER OF PLAINTIFF SHENANDOAH APARTMENT TO NEW MATTER AND COUNTERCLAIM OF DEFENDANT JULIE A. SHIFFER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Shenandoah Apartments, Defendant in the above styled and numbered cause of action and respectfully shows this Honorable Court the following: ANSWER OF PLAINTIFF SHENANDOAH APARTMENT TO NEW MATTER OF DEFENDANT JULIE A. SHIFFER 12. The incorporated averments of Paragraphs I through 11 are denied for the reasons stated herein. 13. The averments contained in Paragraph 12 of Defendant's New Matter are legal conclusions to which no answer is required. To the extent that an answer may be deemed required, Plaintiff's Original Complaint was in error when it was averred that Defendant was evicted from the apartment. On January 22, 2004, suit was filed against Defendant for unpaid rent of $575.00, late fees of $116.00 and damages in the amount of $1,222.68. Defendant was observed removing her possessions from the apartment on Saturday, January 24, 2003 with the assistance of her father. On Information and belief, it was observed that all of Defendant's possessions were removed from the apartment and the apartment was otherwise abandoned January 27, 2004. Locks were changed on the apartment door on January 29, 2004. 14. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 14. Strict proof thereof is demanded at trial, if relevant. 15. Denied. The apartment previously occupied by Defendant had damage of the type caused by cats. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant's New Matter be dismissed and that judgment be entered in its favor and against Defendant. ANSWER OF PLAINTIFF SHENANDOAH APARTMENT TO COUNTERCLAIM OF DEFENDANT JULIE A. SHIFFER 16. The incorporated averments of Paragraphs I through 15 are denied for the reasons stated herein. 17. The averments contained in Paragraph 17 of Defendant's Counterclaim are legal conclusions to which no answer is required. To the extent that an answer may be deemed required, Plaintiff specifically denies that its action in changing the locks for the apartment was in bad faith and with intent to exercise unlawful control over the apartment. By way of further answer and on information and belief, on January 22, 2004, suit was filed against Defendant for unpaid rent of $575.00, late fees of $116.00 and damages in the amount of $1,222.68. Defendant was observed removing her possessions from the apartment on Saturday, January 24, 2 2003 with the assistance of her father. On Information and belief, it was observed that all of Defendant's possessions were removed from the apartment and the apartment was otherwise abandoned January 27, 2004. Locks were changed on the apartment door on January 29, 2004. 18. The averments contained in Paragraph 18 of Defendant's Counterclaim are legal conclusions to which no answer is required. To the extent that an answer may be deemed required, on information and belief, On January 22, 2004, suit was filed against Defendant for unpaid rent of $575.00, late fees of $116.00 and damages in the amount of $1,222.68. On information and belief, Defendant was observed removing her possessions from the apartment on Saturday, January 24, 2003 with the assistance of her father. On Information and belief, it was observed that all of Defendant's possessions were removed from the apartment and the apartment was otherwise abandoned January 27, 2004. Locks were changed on the apartment door on January 29, 2004. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant's Counterclaim be dismissed and that judgment be entered in its favor and against Defendant as follows: a. Judgment in the amount of $2,013.18 for past due rent, late fees and damages; b. Judgment against Defendant in the amount of $1,725.00 for rent lost as a consequence of Defendant's abandonment of the apartment; c. Prejudgment interest at the highest rate set by law; d. Postjudgment interest; e. Reasonable Attorney's fees; f. All Costs of Court; and g. Such other relief as the Court may deem appropriate. Date: 3'?-Oe4 By: 4 l; Donald R. Reavey, Esquire Attorney I.D. No. 82498 Michael B. Volk, Esquire Attorney I.D. No.: 88553 Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff VERIFICATION I, Michael B. Volk, an attorney for Plaintiff, do hereby verify that the facts made in the foregoing Answer to Defendant's New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. This verification is being made as no other representative of the Plaintiff is available and time is of the essence I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unworn falsification to authorities. Date: 3 "ZQC4 By: Donald R. Reavey, Esquire Attorney I.D. No. 82498 Michael B. Volk, Esquire Attorney I.D. No.: 88553 Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Michael B. Volk, Esquire, do hereby certify that on this 3 &I day of 2004, I sent via First Class Mail and Facsimile a true and correct copy of Plaintiff's Answer to Defendant's New Matter and Counterclaim, addressed as follows: VIA FACSIMILE: (717) 532-5289 VIA FIRST CLASS MAIL: Weigle & Associates, P.C. ATTN: Richard L. Webber, Jr., Esq. 126 East King Street Shippensburg, PA 17257 nald R. Reavey, Esq. ATomey I.D. # 82498 Michael B. Volk, Esquire Attorney I.D. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff ?.? . -???= : _.,,,, -; ? ; _. ,, ., 4: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHENANDOAH APARTMENTS, Plaintiff CIVL ACTION - LAW NO. 04-•0909 V. JULIE A. SNIFFER, Defendant APPEAL FROM DISTRICT JUSTICE JUDGMENT DISTRICT 09-3-05 NO.: LIF-0000015-4 PRAECIPE TO SUBSTITUTE VEF:IFICATION To the Prothonotary: Please substitute the attached verification for the previously entered attorney verification for the Complaint in the above-captioned case. Respectfully submitted: WEIGLE & ASSOCIATES, P.C. By: L? Z Richard L. Webber, Jr., Esquire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1399 VERIFICATION I verify that the statements made in this Answer, New Matter, and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: 10?d 6 _ I J ie A. Shiffer, Defendant WEIGLE & ASSOCIATES, PC, - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 CERTIFICATE OF SERVICE I, Richard L. Webber, Jr., Esquire, do hereby certif}, that on this 2nd day of July, 2004, I sent via First Class Mail a true and correct copy of Defendant's Praecipe to Substitute Verification, addressed as follows: Donald R. Reavey, Esq. 2933 North Front Street Harrisburg, PA 17110 By: Richard L. Webber, Jr., Esquire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, PC, - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 N !ill >>. _ rn o <Q +J K Curtis R. Long Prothonotary office of tbe protbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OAJ - QQ 9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573