HomeMy WebLinkAbout08-5030T4
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
or
COMMON PLEAS No. OR- 5030 0",Vt I Term
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.
V9
L"T-- 0000Q t t - C)B
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 judgrgynt for possession)p this case.
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
6
was
L
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon "bmc appellee(s), to file a complaint in this appeal
Name of aAw#8 (s)
(Common Pleas No. (_ 5036 l.'?yi ( TEt'M1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
- %, T--v\)(XJ f?) CEA 2
Signature of appettarrt or ey a agent
RULE: To appellee(s)
Name of appe"ifs)
(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 I 2008 rY or 5P*
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 COMPL INT
(This proof pf saerviQ9 MUST` ?k FILED irM'hT N. -E!V (10) DAYS AFTER filing of the notice of'*peal. 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 affiant
Signature of official before whom affidavit was made
Thu of ofl4ciai
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
rOl INTY r)F• CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-1-02
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rHOFFER, DONALD, BT AL.
57 N 10TH ST
LEMOYNE, PA 17043
ROBERT V. MANLOVE
Address: 1901 STATE ST
CAMP HILL, PA
Telephone: (717 ) 761-0583
17011-0000
YVONNE COLS
45 N 10TH ST
1ST FLOOR
LEMOYNE, PA
L J
VS.
DEFENDANT: NAME and ADDRESS
I'MOCHB, WILLIAM, ET AL. 7
45 N 10TH ST
1ST FLOOR
LLEI[OYNE, PA 17043 J
Docket No.: LT-0000211-08
Date Filed: 7/25/08
17043
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR P LAM M
- ® Judgment was entered for: (Name) HOFFER, DONALD, ET AL.
Judgment was entered against Amin rNE, WILLIAM in a
0 Landlord/Tenant action in the amount of $ 411.34 on 8/11/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 550.00.
The total amount of the Security Deposit is $ 550.00
Total Amount Established b M p? Less • Security Deposit Appliedd = Adjudicated Amount
Rent in Arrears $00.00 - $ .0 0= $ 300.00
Physical Damages Leasehold Property $ .00- .00= $ .00
Damages/Unjust Detention $ _ 00 - 00= $ 00
1-1
0
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ 00
L/T Judgment Amount $ 300.00
Attachment Prohibited/ Judgment Costs $ 111.34
42 Pa.C.S. § 8127 Attorney Fees $ -an
This case dismissed without prejudice. Total Judgment $ 411.34
Possession granted.
? Possession granted if money judgment
? Possession not granted.
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDFA-CO,PY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED, IN.THEAUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR-PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ;• t,
?C v?S Date c
•? , Me erial District Judge
ce y at is is a true n re t opy t o r e Ings contalninqVft judgment.
?i Date "Magisterial District Judge
commission expires first Monday of January, 2012, '
an?br. ai sa.na ?EtAtL -• , ,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-1-02
ROBERT V. MANLOVE
Address: 1901 STATE ST
CAMP HILL, PA
Telephone: (717 ) 761-0583
17011-0000
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rHOFMM, DONALD, ET AL.
57 N 10TH ST
LEMOYNE, PA 17043
L J
VS.
DEFENDANT: NAME and ADDRESS
riNOCHE, WILLIAM, ET AL. 7
45 N 10TH ST
1ST FLOOR
YVONNE COLE LLEIIIOYNE, PA 17043 J
45 N 10TH ST Docket No.: LT-0000211-08
19T FLOOR Date Filed: 7/25/08
LEMOYNE, PA 17043
THIS IS TO NOTIFY YOU THAT:
Judgment: _ ,_ _, = F01t PI?IIfITIF
® Judgment was entered for: (Name) HOFFzR, DONALD, ET AL.
Judgment was entered against 'COLE, YVONNE in a
® Landlord/Tenant action in the amount of $ 411.34 on 8111/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 550.00.
The total amount of the Security Deposit is $ 550.00
Total Amount Established by MDJ Less -Security Deposit Applied = $ Adjudicated 300.00
Amountt
Rent in Arrears 300.00 - .00= Physical Damages Leasehold Property $ .00- $ .00= $ .00
Damages/Unjust Detention $_ _ 00 - $ _00= $ _nn
Less Amt Due Defendant from Cross Complaint - $ -00
Interest (if provided by lease) $ _nn
L/T Judgment Amount $ 300.00
F Attachment Prohibited/ Judgment Costs $ I
42 Pa.C.S. § 8127 Attorney Fees $ o0
F1 This case dismissed without prejudice. Total Judgment $ 411.34
7 Possession granted.
H Possessiorrgranted if money judgment is nor?
°Possession riot granted. }
EI.DefendAhtslare 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 JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. , .
Date Magisterial District Judge
cert y t at this is a true a C 0 t C e qr)bceegings con inl a Judgment.
?, Date Magistenal District Judge
Mir commission expires first Monday of January, 2012.'+??,gEAL
nn r oicn_u
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
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PWOF 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 CL,and ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas c upon the District Justice designated therein on
(date of service) 20-0-&-, ? by personal service A by (certified) (registered) mail,
sender's receipt atta d hereto, and upon the appellee, (name) f- , on
20 Qt%? ? by personal service by (certified) (registered) mail,
sender's recei t attached hereto.
(S ORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
TH X15} D/AY OF_ 20 0$
Signature of official before whom a as ad
i
Signature of affiant
Title ofolficial
My commission expires on 20
GOMMONWEALTf1 OF PENINS
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ce- 5030 t Vf 9 Term
NOTICE OF APPEAL
Notice is given that the appellant has fried in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the slate and in the case referenced below.
.wamcau yr w-rcaaw?? (? t .' I StAIt zwuwt
v.
L"T - 00C)D , 1 I "
This block will be signed ONLY when this n"Aon is required under Pa.
R.C.P.D.J. No. 10068.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the k4wow for k this case.
19
bekm a Distinct JusWo, A COMPLAINT MUST BE FILED wifhfn twenty
(20) days after fikV the NOTICE of APPEAL.
ra ?
C7 a
t" _n
-4
PRAECVE TO ENTER RULE TO FILE OOMPLAiNT'MO RULE TO Fi
(This section of farm to be used ONLY when appellant was DEFENDANT (sea Pa.RC.P.D.J. No. 1001(7) in ac*a ?str rAjWce. IF
NOT USED, detach from copy of notice of appeal to be seared upon Vie.
•i
PRAECIPE: To Prothonotary Ln
Enter rule upon
appellee(s). to Me a complaint in this appeal
Nem a S PSOWS)
(Common Pleas No.,. 5Ca.31 wit 7~M? )within twenty (20) days agar service of rule or suer entry of judgment of non pros.
A 11L rmyk
Soleft-ofspogwit- rorav"
-1p a
RULE: To ,? . appelfee(s)
(1) You are a.rule is hereby entered upon you to NO a complaint in this appeal within twepty (20) days after the date of service
of this rule upon you ' aMoe or by cedilled or r Bred MON.
(2) if. do not ft j- ant *"this time, a JUDGMENT OF NON Pty; MAY f3f=_;EWMD AGAJNST YOU.
(3) the-date of services of this rkii&g sArvice was by matt is the date of" mailing. ?
; r5
Date: t. ka. 120
or
Dowy
w,
YOU MWT lpCLI#i *CO" THE NOT" OF JUDGMENTITRANSCMPT FORM VVITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO K FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO 13E SERVED ON APPELLEE COLD -COPY TO BE SERVED ON QiSTRW AWICE
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 08-5030 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 j udgment maybe 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la core. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha
de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o
por abogado y archivar en la core en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted no se defiende, la coue tomara
medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO MENE
ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICION, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-5030 CIVIL TERM
COMPLAINT
1. The Plaintiffs are Donald Hoffer and Dorothy Hoffer (hereinafter "Plaintiffs"),
husband and wife, with an address of 57 N. 100' Street, Lemoyne, Pennsylvania 17043.
2. The Defendants are William Knoche and Yvonne Cole (hereinafter
"Defendants"), with an address of 45 N. I U h Street, First Floor, Lemoyne, Pennsylvania 17043.
3. The property for which possession is sought to be recovered is 45 N. I Oa' Street,
First Floor, Lemoyne, Pennsylvania 17043 (hereinafter the "leased premises").
4. Plaintiffs are the owners and landlords of the leased premises.
5. Plaintiffs leased the leased premises to the Defendants pursuant to a one-year
lease that began on March 1, 2007 and ended on February 28, 2008. Since the expiration of the
lease on February 28, 2008, the Defendants have continued to possess the leased premise on a
month-to-month term. A true and correct copy of the Lease is attached hereto as Exhibit "A".
6. Plaintiffs gave Defendants notice to remove as required by law. Plaintiffs gave
Defendants notice to remove by letter dated August 11, 2008. A true and correct copy of the
August 11, 2008 letter is attached hereto as Exhibit "B".
7. Rent due in the amount of $550.00 for August 2008, plus a late fee of $30.00 has,
upon demand, remained unsatisfied.
8. Plaintiffs have incurred costs in the amount of $111.34 and 122.68, for a total of
$234.02, to pursue this matter with the District Magistrate, whose judgment of possession in
favor of Plaintiffs the Defendants are appealing in the instant matter. True and correct copies of
the District Justice's payment receipts are attached hereto as Exhibit "C".
9. Defendants retain the leased premises and refuse to give up possession of the
property.
10. At the time of the filing of this Complaint, the amount of rent that remains due
and owing to Plaintiffs is $1,100.00, plus late fees of $60.00, for a total of $1,160.00. Rent will
continue to come due and accrue at the rate of $550.00 per month, plus applicable late fees, up to
the date of any hearing scheduled in this matter.
WHEREFORE, Plaintiffs, Donald Hoffer and Dorothy Hoffer respectfully request this
Honorable Court to enter judgment in their favor and against Defendants William Knoche and
Yvonne Cole, for possession of the leased premises and for monetary relief in an amount in
excess of $1,394.02, plus interest and costs and such other relief as the Court deems appropriate.
Respectfully submitted,
REAGFA;? & ADLER, P.C.
Date: September 8, 2008
I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
2
J
Feed-Term Residential Lease
Clause L IdeaftTk rtion of Landlord and Tenant
This Agreement is entered into on - d between Willalm oche and
Yvonne Cole ("Tenant(s)")and Donald an Dorothy Hoffer ("Landlord").
Tenant is jointly and severally liable for the payment of rent and performance of all other
terms of this Agreement.
Clause,Z Identification of Premises
Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and
Tenant rents from Landlord, for residential purposes only, the premises located at 45
N-10th St, Lemoyne. PA 17043 (1st. Floor AA.) ("the premises"), together with the
following fiunishings and appliances: Refrigerator, stove,,drae - curtains,
shower curtain & hooks, smoke alarm and fire eatinmbher. Rental of the premises
also includes -Use of basement & landlords washer and dryer (any repairs to same
during the course of the tenant's occupancy are the responsibility of the tenant).
Clause 3. Limns on Use and Occupancy
The premises are to be used only as a private residence for Tenant(s) listed in Clause 1 of
this Agreement.
Occupancy by guests for more than two weeks is prohibited without Landlord's written
consent and will be considered a breach of this Agreement.
CZause 4. Term of the Tenancy
The term of the rental will begin on NErch 1, 2007 through February 28, 2008. If
Tenant vacates before the term ends, Tenant will be liable for the balance of the rent for
the remainder of the term.
Clause S. Payment of Rent
710 7?.
Regular monthly rent 09
Tenant will pay to Landlord a monthly rent of 550.00 payable in advance on or before
the first day of each month. Rent will be paid to Landlord at Landlord's residence.
Delivery of payment
Rent may be paid
In person, at 57 N. 10th St., Lemoyne, Pa 17043 (drop through mail slot on front
door
Form of payment.
Landlord will accept payment in these forms:
Personal check made.nayable to Donald K Hoffer or Cash
Clause G. Late Charges
If Tenant fails to pay the rent in full before the end of the third day after its due, Tenant
will pay Landlord a late charge of $10.00, plus $5.00 for each additional day that the rent
remains unpaid. The total late charge for any one month will not exceed $30.00.
Landlord does not waive the right to insist on payment of the rent in full on the date it is
due.
Clause .7. Returned Check and Other Bank Charges
If any check offered by Tenant to Landlord in payment of rent or any other amount due
under this Agreement is returned for lack of sufficient funds, a "stop payment" or any
other reason, Tenant will pay Landlord a returned check charge equal to costs incurred by
landlord.
Clause & Security Deyosit /JYI /?/
On signing this Agreement, Tenaaut'will ay to Landlord the sum of $550.00 as a
security deposit ( +,e?11?107 ). Tenant may not, without Landlord's
prior written consent, apply this security deposit to the last month`s rent or to any other
sum due under this Agreement. Within 30 days after Tenant has vacated the premises,
returned keys and provided Landlord with a forwarding address, Landlord will give
Tenant an itemized written statement of the reasons for, and the dollar amount of, any of
the security deposit retained by the Landlord, along with a check for any deposit balance.
Clause 9. Utilities
Tenant will pay all utility charges, except for the following, which will be paid by
Landlord:
OR (heat), Gas (hot water only), water, sewer and trash collection.
Clause 10. Assignment and Subletting
Tenant will not sublet any part of the premises or assign this Agreement without the prior
written consent of Landlord.
Clause 11. Tenant's Maintenance Responsibilities
Tenant will: (1) keep the premises clean, sanitary and in good condition and, upon
termination of the tenancy, return the premises to Landlord in a condition identical to that
which existed when Tenant took occupancy, except for ordinary wear and tear; (2)
immediately notify Landlord of any defects or dangerous conditions in and about the
premises of which Tenant becomes aware; and (3) reimburse Landlord, on demand by
Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant's
guests or business invitees through misuse or neglect.
Tenant has examined the premises, including carpeting, appliances, fixtures, blinds and
paint, and has found them to be in good, safe and clean condition and repair.
Muse U Repairs and Alterations by Tenant
a. Except as provided by law, as authorized below or by the prior written consent of
Landlord, Tenant will not make any repairs or alterations to the premises including
nailing holes in the walls or painting the rental unit. NO EXCEPTIONS (only
drilled holes ahd screws allowed)
b. Tenant will not, without Landlord's prior written consent, alter, re-key or install any
locks to the premises or install or alter any burglar alarm system. Tenant will provide
Landlord with a key or keys capable of unlocking all such re-keyed or new locks as well
as instructions on how to disarm any altered or new burglar alarm system.
Clause 13. Vwlatinr Laws and Causing Disturbances
Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will
not use the premises or adjacent areas in such a way as to: (1) violate any law or
ordinance, including laws prohibiting the use, possession or sale of illegal drugs; (2)
commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing,
inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other
tenant or nearby resident.
£fg a Y4. Pets
No animal, bird. fish or other pet will be kept on the premises, even temporarily, except
trained dogs needed by blind, deaf or disabled person. NO OTHER EXCEPTION
Clause 15. Landlord's Right to Access
Landlord or Landlord's agents may enter the premises in the event of an emergency to
make repairs. Landlord may also enter the premises to conduct an annual inspection to
check for safety or maintenance problems or to show the premises to prospective buyers
or tenants. Except in cases of emergency, Tenant's abandonment of the premises, court
order, or where it is impracticable to do so, Landlord shall give Tenant one day notice
before entering.
r'
Clause I& Extended Absences by Tenant
Tenant will notify Landlord in advance if Tenant will be away from the premises for 15
or more consecutive days. During such absence, Landlord may enter the premises at times
reasonably necessary to maintain the property and inspect for needed repairs.
Clause 17. Possession of the Preydses
a. Tenant's failure to take possession.
If, after signing this Agreement, Tenant fails to take possession of the premises, Tenant
will still be responsible for paying rent and complying with all other terms of this
Agreement
b. Landlord's failure to deliver possession.
If Landlord is unable to deliver possession of the premises to Tenant for any reason not
within Landlord's control, including, but not limited to, partial or complete destruction of
the premises, Tenant will have the right to terminate this Agreement upon proper notice
as required by law. In such event, Landlord's liability to Tenant will be limited to the
return of all sums previously paid by Tenant to Landlord.
Clause I& Tenant Rid RePUlatlons
Tenants acknowledge receipt of, and have read a copy of, tenant rules and regulations,
(SEE CLAUSE 20) incorporated into this Agreement by this reference.
Clause 19. Payment of Court Costs and Attorney Fees in a Lawsuit
In any action or legal proceeding to enforce any part of this Agreement, the prevailing
party shall not recover reasonable attorney fees and court costs.
Clause 20. Additional Provisions
Additional provisions are as follows:
Tenant is responsible for the following:
-Supplying trash can and putting out trash at curb Monday nights.
-Complying with Borough recycling requirements.
-Retrieval of can and recycle bin Tuesday nights.
-Cutting grass weekly or when needed (lawn mower provided by Landlord-gas
provided by tenants at 45-1st floor and 49-1st floor
-Raking leaves and putting out on street on street cleaning days
-Snow removal-steps and walkway to apartment.
--NO WATERBEDS PERMITTED.
Clause 2l_Month--to-Moa * Lease at end of Year's Lease
At the end of the year's lease, tenant will be on a month-to-month lease and must
give landlord at least forty-five (45) days notice of intent to vacate premises. If
forty-five (45) days notice is not given, the tenant is liable for rent for that period.
Clause 22. Validity ofEanh Part
If any portion of this Agreement is held to be invalid, its invalidity will not affect the
validity or enforceability of any other provision of this Agreement.
Clause 23. Entire Agreement
a. This document constitutes the entire Agreement between the parties, and no promises
or representations, other than those contained here and those implied by law, have been
made by Landlord or Tenant. Any modifications to this Agreement must be in writing
signed by Landlord and Tenant
b. The failure of Tenant or their guests or invitees to comply with any term of this
Agreement is grounds for termination of the tenancy, with appropriate notice to tenants
and.procedures as required by law.
Date l v?
Landlord ,
Street Address- 57 N.10th Street
City, State & Zip-Lemoyne. Pa 17043
Phone- _717)761-1254
Date I - W-0-7
Move-Out Letter
Date August 11, 2008
Tenant William Knoche & Yvonne Cole
Street Address 45 N. 10th St., 1 st floor apartment
City & State Lemoyne, PA 17043
This move-out letter describes how we expect your unit to be left and
what our procedures are for assessing the status of your security deposit.
Basically, we expect you to leave your rental unit in the same
condition it was when you moved in, except for normal wear and tear. We'll
be using the list below to inspect your unit when you leave on August 314
2008.
CLEANING
• all blinds & windows
• mop kitchen floor
• kitchen cabinets, countertops and sink, stove and oven-inside and out
• refrigerator-clean inside and out, empty it of food, and turn it off, with
the door left ajar
• bathtub, shower, toilet and plumbing fixtures
• Vacuum and shampoo all carpeted rooms
TO BE INSPECTED FOR DAMAGE
• Appliances
stove
refrigerator
washer & dryer
smoke alarms
fire extinguisher
• Blinds
• Hardware
• Electric fixtures
• Woodwork.
• Floors
• Walls
• Plumbing/fixtures
Move-Out letter
(continued)
Please do not leave anything behind-that includes bags of garbage,
clothes, food, newspapers, furniture, appliances, plants, cleaning supplies or
other items.
Please be sure you have disconnected phone and utility services (but
do not have utilities disconnected before your move-out day-if disconnected
early, charges landlord incurred will be deducted from security deposit),
canceled all newspaper subscriptions and sent the post office a change of
address form. Suggest you call utilities 4 days before you move and give
them your move-out date (Call UGI -234-5951 & PPL -1-500-342-5775)
Once you have cleaned your unit and removed all your belongings,
please call me to arrange a walk-through inspection and to return all keys.
Please be prepared to give me your forwarding address where we may mail
your security deposit.
It is our policy to return all deposits either in person or at an address
you provide within 30 days after you move out. If any deductions are made
because the unit is damaged or not sufficiently clean-they will be explained
in writing.
If you have any questions, please contact me at 761-1254.
Donald & Dorothy Hoffer-Landlords
COMMONWEALTH OF PENNOANIA
C nl 1NTY np- CUMBERLAND
-Map. Dist. Na:
09-1-02
MDJ Name: Hon.
ROBERT V. MANLOVE
Address: 1901 STATE ST
CANP'BILL, PA
Telephone: (717) 761-0583 17011-0000
RZMITTER
DONALD HOFFER
57 N 10TH ST
LEMOYNE, PA 17043
FOEIPT OF PAYMENT
Docket No.: LT-0000211-08
Date Filed: 7/25/08
RECEIPT NO: 163058 DATE: 7/25/08 PAGE: 1
SOURCE: PAID AT WXMDOW AMOUNT RECEIVED:. $ 111.34
METHOD: PAID BY CHECX AMOUNT APPLIED: $ 111.34
CHECK#: 01092 COLLATERAL APPLIED: $ .00
CHANGE: $ .00
MANUAL RECEIPT#:
CITATION#: NEXT PAYMENT AMOUNT:
COSTS INCLUDED ON: NEXT PAYMENT DATE:
NEXT PMT TYPE:
PAYMENT DESCRIPTION
JUDICIAL COMPUTER PROJECT
ACCESS TO JUSTICE
CONSTABLE EDUC & TRAINING
COMMONWEALTH COST- HB627
FILING FEES COMM-COST
FILING FEES 21-CTY
SERVER FEES
ESCROW DESCRIPTION
TOTAL
SERVER FEES ESCROW
TOTAL '
CURRENT BALANCE DUE
RECVD FROM HOFFER, DONALD
B
BALANCE FND ANT APPLIED
CURRENT BAL
8.00 8.00- .00
2.00 2.00- .00
10.00 10.00- .00
14.65 14.65- .00
14.65 14.65- .00
36.70 36.70- .00
25.34 25.34- .00
111.34 111.34-
BALANCE FM
.00
.00
.00
I0-1 rv4" 44_1 aI
25.34-
25.34-
.00
CIIRRZNT BAL
25.34-
25.34-
DATE PRINTED: 7/25/08 11:42:23 AN
AOPC 450-99
6
COMMONWEALTH OF PE LVANIACEIPT OF PAYMENT
C17l1IVTY nF• COMB
Mag. Dist. No.:
09-1-02
MW Name: Hon.
ROBERT V. MANLOVE
Address: 1901 STATE ST
CAMP HILL, PA
Tetephane: (717) 761-0583 17011-0000
R HITTER :
DONALD HOFFER
57 N 10TH ST
LEMOYNE, PA 17043
PLAINTIFF: NAME and ADDRESS
rHOFFER, DONALD
ET AL
,
.
57 N 10TH ST
LZKOYNE, PA 17043
L J
VS.
DEFENDANT: NAME and ADDRESS
rXNO
CHE, WILLIAK, ET AL.
45 N 10TH ST
1ST FLOOR
LLEI[OYNE, PA 17043
J
Docket No.: LT-0000211-08
Date Filed: 7/25/08
RECEIPT NO: 163537 DATE: 8/22/08 PAGE: 1
SOURCE: PAID AT l1I1111DOW AMOUNT RECEIVED: $ 122
68
METHOD: PAID BY CHECK AMOUNT APPLIED: $ .
122
68
CHECK#: 01114 COLLATERAL APPLIED: $ .
.00
MANUAL RECEIPT#:
CHANGE:
$
.00
CITATION#: NEXT PAYMENT AMOUNT:
COSTS INCLUDED ON: NEXT PAYMENT DATE:
NEXT PMT TYPE:
PAYldSNT DESCRIPTION
SERVER FEES UNASSIGNED
TOTAL
ESCROW DESCRIPTION
SERVER FEES ES UNASSIGNED
TOTAL
CURRENT BALANCE DUE
RECVD FROM HOFFER, DONALD
B
BALANCE P= ANT APPLIED CIIRRENT BAL
122.68 122.68- .00
122.68 122.68- .00
BALANCE FWD AXT APPLIED CURRENT DAL
.00 122.68- 122.68-
.00 ---122.68- 122.68-
.00
t
DATE PRINTED: 8/22/08 9:01:46 AM
AOPC 450-99
VERIFICATION
I, Dorothy Hoffer, hereby verify that the averments of the foregoing document are true
and correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: 8 Q By: v.
Dorothy H er
VERIFICATION
I, Donald Hoffer, hereby verify that the averments of the foregoing document are true and
correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: ? k Og By: .40 &I'd
i
Donald Hoffer
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-5030 CIVIL TERM
,, CERTIFICATE OF SERVICE
AND NOW, this a day of September 2008, I hereby verify that I have caused the
foregoing Complaint to be served via first-class U.S. mail, postage prepaid, as set forth below:
William Knoche
Yvonne Cole
45 N. 10' Street
First Floor
Lemoyne, PA 17043
REAGER & ADLER, PC
J141 A2??
Jo . Pietrzak, Esquire
C nsel for Plaintiffs
Donald and Dorothy Hoffer
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DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 08-5030 CIVIL TERM
PETITION FOR RELEASE OF RENT FROM ESCROW
1. The Plaintiffs are Donald Hoffer and Dorothy Hoffer (hereinafter "Plaintiffs"),
husband and wife, with an address of 57 N. 10th Street, Lemoyne, Pennsylvania 17043.
2. The Defendants are William Knoche and Yvonne Cole (hereinafter
"Defendants"), with an address of 45 N. 10th Street, First Floor, Lemoyne, Pennsylvania 17043.
3. Plaintiffs are the owners and landlords of 45 N. 10th Street, First Floor, Lemoyne,
Pennsylvania 17043 (hereinafter the "leased premises"), which is leased to the Defendants on a
month-to-month term following the expiration of Defendant's one-year lease on February 28,
2008. The monthly rent is $550.00, due on or before the first day of each month.
4. Plaintiffs obtained a judgment for possession of the leased premises from District
Justice Manlove, Magisterial District Court 09-1-02, on August 11, 2008.
5. Defendants filed an appeal to the judgment of possession on August 21, 2008, and
paid the $300.00 rent found to be in arrears pursuant to the District Justice's judgment in order to
obtain a Supersedeas of the judgment of possession of the leased premises, in accordance with
Pa.R.C.P.M.D.J. Rule 1008(B).
6. Pursuant to Pa.R.C.P.M.D.J. Rule 1008(B), upon application of the landlord, the
Court shall release appropriate sums from the escrow account on a continuing basis while the
appeal is pending to compensate the landlord for the tenant's actual possession and use of the
leased premises during the pendency of the appeal.
7. The Defendants have remained in possession of the leased premises from the date
of their filing of the Notice of Appeal to the present. Therefore, the Landlords hereby petition the
Court for release of the $300.00 paid by the tenants into escrow.
8. Defendants have not deposited any sum for ongoing rent to cover rent due for
September and October 2008 with the Prothonotary following the initial deposit of $300 on
August 21, 2008 when the notice of appeal was filed, despite the requirement to do so under
Pa.R.C.P.M.D.J. Rule 1008(B).
WHEREFORE, Plaintiffs, Donald Hoffer and Dorothy Hoffer respectfully request this
Honorable Court to release the entire amount of $300.00 from escrow and deliver said $300.00 to
Plaintiffs.
Date: October 14, 2008
Respectfully submitted,
REAGER & ADLER, P.C.
J . Pietrzak, Esquire
orney I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
2
CERTIFICATE OF SERVICE
AND NOW, this 14th day of October 2008, I hereby verify that I have caused the
foregoing document to be served via first-class U.S. mail, postage prepaid, as set forth below:
William Knoche
Yvonne Cole
45 N. 10th Street
First Floor
Lemoyne, PA 17043
REAGER & ADLER, PC
IM W??
John ie z uire
Cou el for Plaintiffs
Donald and Dorothy Hoffer
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DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-5030 CIVIL TERM
PRAECIPE TO TERMINATE SUPERSEDEAS
To the Prothonotary:
Please terminate the Supersedeas granted to the Defendants in the above captioned matter
for failure to deposit the rent required by Pa.R.C.P.M.D.J. Rule 1008, for September 2008.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: Ocbober 14, 2008
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 14th day of October 2008, I hereby verify that I have caused the
foregoing document to be served via first-class U.S. mail, postage prepaid, as set forth below:
William Knoche
Yvonne Cole
45 N. 10`h Street
First Floor
Lemoyne, PA 17043
& ADLER,
Cilnsel for Plaintiffs
Donald and Dorothy Hoffer
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REAGER & ADLER, P.C.
By: John H. Pietrzak, Esquire
Attorney I.D. No. 79538
Email: JPietrzakgReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Donald Hoofer and Dorothy Hoffer
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-5030 CIVIL TERM
CERTIFICATE OF SERVICE
I, John H. Pietrzak, Esquire, verify that on October 1, 2008, I caused the Notice which is
attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid
and addressed to Defendants at the address listed below. A copy of the Certificate of Mailing is
attached hereto as Exhibit B.
William Knoche and
45 North 10th Street
First Floor
Lemoyne, Pennsylvania 17043
Yvonne Cole
45 North 10th Street
First Floor
Lemoyne, Pennsylvania 17043
Respectfully submitted,
REAGER & ADLER, P.C.
Date: October 2, 2008
J H. Pietrzak, Esquire
Attorney I.D. No. 79538
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
??
???,d.
or ^.
REAGER & ADLER, P.C.
By: John H. Pietrzak, Esquire
Attorney I.D. No. 79538
Email: JPietrzak@,ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Donald Hoofer and DoroLhy Hoffer
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 08-5030 CIVIL TERM
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IMPORTANT NOTICE
TO: William Knoche
45 North 10th Street
First Floor
Lemoyne, Pennsylvania 17043
and Yvonne Cole
45 North 10"' Street
DATE OF NOTICE: October 1, 2008
First Floor
Lemoyne, Pennsylvania 17043
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND/OR FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
- /?/ 412,vx??
J H. Pietrzak, squire
1? ?.
REAGER & ADLER, P.C.
By: John H. Pietrzak, Esquire
Attorney I.D. No. 79538
Email: JPietrzak@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Donald Hoofer and Dorothy Hoffer
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS -
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-5030 CIVIL TERM
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 1st day of October, 2008, I, John H. Pietrzak, Esquire, hereby certify
that I have caused a true and correct copy of the foregoing 10-Day Notice to be placed in the
U.S. Mail, postage prepaid and addressed as follows:
William Knoche and Yvonne Cole
45 North 10`h Street 45 North 10`h Street
First Floor First Floor
Lemoyne, Pennsylvania 17043 Lemoyne, Pennsylvania 17043
Jo . Pietrzak, Esquire
?, 6
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING ?.
? ^^ O r
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ?.r o C)
PROVIDE FOR INSURANCE-POSTMASTER N r+
Received From: ??r d 0
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ILgAt
One piece of ordinary mail addressed to. ''--- r N
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D A4j - ?f? 17? ?3
PS Form 3817, January 2001
t 4
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" I 1
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-5030 CIVIL TERM
PETITION FOR RELEASE OF RENT FROM ESCROW
1. The Plaintiffs are Donald Hoffer and Dorothy Hoffer (hereinafter "Plaintiffs"),
husband and wife, with an address of 57 N. I& Street, Lemoyne, Pennsylvania 17043.
2. The Defendants are William Knoche and Yvonne Cole (hereinafter
"Defendants"), with an address of 45 N. I Oh Street, First Floor, Lemoyne, Pennsylvania 17043.
3. Plaintiffs are the owners and landlords of 45 N. 10`h Street, First Floor, Lemoyne,
Pennsylvania 17043 (hereinafter the "leased premises"), which is leased to the Defendants on a
month-to-month term following the expiration of Defendant's one-year lease on February 28,
2008. The monthly rent is $550.00, due on or before the first day of each month.
4. Plaintiffs obtained a judgment for possession of the leased premises from District
Justice Manlove, Magisterial District Court 09-1-02, on August 11, 2008.
5. Defendants filed an appeal to the judgment of possession on August 21, 2008, and
paid the $300.00 rent found to be in arrears pursuant to the District Justice's judgment in order to
obtain a Supersedeas of the judgment of possession of the leased premises, in accordance with
Pa.R.C.P.M.D.J. Rule 1008(B).
6. Pursuant to Pa.R.C.P.M.D.J. Rule 1008(B), upon application of the landlord, the
Court shall release appropriate sums from the escrow account on a continuing basis while the
appeal is pending to compensate the landlord for the tenant's actual possession and use of the
leased premises during the pendency of the appeal.
7. The Defendants have remained in possession of the leased premises from the date
of their filing of the Notice of Appeal to the present. Therefore, the Landlords hereby petition the
Court for release of the $300.00 paid by the tenants into escrow.
8. Defendants have not deposited any sum for ongoing rent to cover rent due for
September and October 2008 with the Prothonotary following the initial deposit of $300 on
August 21, 2008 when the notice of appeal was filed, despite the requirement to do so under
Pa.R.C.P.M.D.J. Rule 1008(B).
9. No judge has ruled upon any other issue in this or any related matter.
10. The Defendants have not secured counsel; therefore, Plaintiffs were unable to
seek concurrence of any opposing counsel of record.
WHEREFORE, Plaintiffs, Donald Hoffer and Dorothy Hoffer respectfully request this
Honorable Court to release the entire amount of $300.00 from escrow and deliver said $300.00 to
Plaintiffs.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: October 30, 2008
J?J-di H. Pietrzak, Esquire
Attorney I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Plaintiff
2
CERTIFICATE OF SERVICE
AND NOW, this 30th day of October 2008, I hereby verify that I have caused the
foregoing document to be served via first-class U.S. mail, postage prepaid, as set forth below:
William Knoche
Yvonne Cole
45 N. 10th Street
First Floor
Lemoyne, PA 17043
REAGER & ADLER, PC
j7r4 421-4,-
H. Pietrzak, Esquire
Counsel for Plaintiffs
Donald and Dorothy Hoffer
DONALD HOFFER and
DOROTHY HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and
YVONNE COLE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-5030 CIVIL TERM
ORDER OF COURT
AND NOW, this 50' day of November, 2008, upon consideration of Plaintiffs'
Petition for Release of Rent from Escrow, a Rule is hereby issued upon Defendants
to show cause why the relief requested should not be granted.
RULE RETURNABLE within 14 days from the date of this order.
BY THE COURT,
John H. Pietrzak, Esq.
Thomas O. Williams, Esq.
2331 Market Street
Camp Hill, PA 17011-0464
Attorneys for Plaintiffs
J/ William Knoche
Yvonne Cole
45 North 10 h Street
First Floor
Lemoyne, PA 17043
Defendants, pro Se
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DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 08-5030 CIVIL TERM
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a default judgment in favor of Plaintiffs, Donald and Dorothy Hoffer, and
against the Defendants, William Knoche and Yvonne Cole, in the amount of $1,394.02 for
failure to plead to Plaintiffs' Complaint.
The undersigned hereby certifies that a 10-Day Notice of Plaintiffs' intent to file the
instant Praecipe for Default Judgment for failure to respond to Plaintiffs' Complaint was mailed
to the Defendants. .A true and correct copy of the aforementioned Important Notice was filed
with the Court on October 1, 2008 in the above captioned matter.
Dated: November 10, 2008
REAGER & ADLER, P.C.
By: d4 . -
John H ietrzak, Esquire
Attorney I.D. No. 79538
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
Smart Circle International, Inc.
iA'
REAGER & ADLER, P.C.
By: John H. Pietrzak, Esquire
Attorney I.D. No. 79538
Email: JPietrzak@ReaeerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Donald Hoofer and Dorothy Hoffer
DONALD HOFFER and DOROTHY
HOFFER,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 08-5030 CIVIL TERM
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IMPORTANT NOTICE
TO: William Knoche and Yvonne Cole
45 North 10`x' Street 45 North 10th Street
First Floor First Floor
Lemoyne, Pennsylvania 17043 Lemoyne, Pennsylvania 17043
DATE OF NOTICE: October 1, 2008
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND/OR FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
- Z"p
J H. Pietrzak, VT-sq2uairee:r:t?-
CERTIFICATE OF SERVICE
AND NOW, this 10th day of November 2008, I hereby verify that I have caused the
foregoing document to be served via first-class U.S. mail, postage prepaid, as set forth below:
William Knoche
Yvonne Cole
45 N. 10'h Street
First Floor
Lemoyne, PA 17043
REAGER & ADLER, PC
al'44 " - __
J0. Pietrzak, tdquire
C nsel for Plaintiffs
Donald and Dorothy Hoffer
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V
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DONALD HOFFER and DOROTHY IN THE COURT OF COMMON PLEAS
HOFFER, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO.: 08-5030 CIVIL TERM
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
NOTICE OF DEFAULT JUDGMENT
TO: William Knoche
Yvonne Cole
45 N. 10' Street
First Floor,
Lemoyne, PA 17043
You are hereby notified that on ll?lo?o , judgment by default was
entered against you in the sum of $1,394.02, in te above-captioned case.
Date:
} s
K.8
thonotary
I hereby certify that the following is the last known address of the Defendants:
William Knoche
Yvonne Cole
45 N. 10'h Street
First Floor,
Lemoyne, PA 17043
& 13aV___
Jo . Pietrzak, quire
A orney for Plaintiffs
F
DONALD HOFFER and DOROTHY
HOFFER,
PENNSYLVANIA
Plaintiffs
V.
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
NO.: 08-5030 CIVIL TERM
MOTION TO MAKE RULE ABSOLUTE
AND NOW, come Plaintiffs Donald and Dorothy Hoffer, by and through their
attorneys, John H. Pietrzak, Esquire and the law firm of Reager & Adler, P.C.
(hereinafter "Plaintiffs"), and files this Motion to Make Rule Absolute, stating in support
thereof the following:
1. Plaintiffs filed a Petition for Release of Rent from Escrow in the above
captioned matter on October 31, 2008.
2. On November 5, 2008, a Rule to Show Cause, returnable within fourteen
(14) days of the date of the Rule was issued by the Honorable J. Wesley Oler, Jr., upon
Defendants William Knoche and Yvonne Cole, to show cause why Plaintiffs' were not
entitled to the relief requested in said Petition for Release of Rent from Escrow.
3. Plaintiffs provided notice of the entry of the Rule to Show Cause to the
Defendants by U.S. Mail on November 10, 2008.
4. More than fourteen (14) days from the date of the Rule have passed and
Defendants failed to respond to the Rule to Show Cause.
5. Further, Defendants failed to respond to the Plaintiffs' Complaint in this
matter, and a Default Judgment was entered in Plaintiffs' favor on November 10, 2008.
No appeal thereto has been filed.
1
WHEREFORE, Plaintiffs Donald and Dorothy Hoffer respectfully request this
Honorable Court to enter an Order Making the Rule to Show Cause Absolute and
granting Plaintiffs' Petition for Release of Rent from Escrow to Plaintiffs in the amount
of $300.00.
Date: March 4, 2009
Respectfully submitted,
REAGER & ADLER, P.C.
Jefin H. Pietrzak, Esquire
Attorney ID. No. 79538
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
2
CERTIFICATE OF SERVICE
AND NOW, this 4th day of March 2009, I hereby verify that I have caused a true
and correct copy of the foregoing Motion to Make Rule Absolute to be placed in the U.S.
Mail, first class delivery, postage prepaid and addressed as follows:
William Knoche
Yvonne Cole
45 North 10th Street
First Floor
Lemoyne, PA 17043
J/J"V
J H. PIETRZAK, ESQUIRE
3
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MAR 1 0 2009(
DONALD HOFFER and DOROTHY IN THE COURT OF COMMON PLEAS
HOFFER, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V. NO.: 08-5030 CIVIL TERM
WILLIAM KNOCHE and YVONNE
COLE,
Defendants
ORDER
AND NOW, this Play of 2009, upon
consideration of Plaintiffs' Petition for Release of Rent from Escrow, in the above
captioned matter, the lack of any response thereto, and good cause appearing therefore, it
is hereby ORDERED that the $300.00 rent paid into escrow in this matter is awarded and
released to Plaintiffs Donald and Dorothy Hoffer tee zy),1 f o C?? ( e
4
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CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
ESCROW ACCOUNT
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
1853
DATE March 13, 2009 601503/313
PAY TO THE $ 300.00
ORDER OF Donald and DOrothY Hoffer
CUM CO
AROT NO?ND'tRR*3OOdal'SOOcts DOLLARS
OwzsrO"Iy BANK
08-5030 - Hoffer vs Cole "Release Rent" - ""
II'00L85311' 1:0313i503Gi: 108 L11011'
11494403132009 Cumberland County Prothonotary 's Office Page 1
PYS405 Manual Release Check Regi ster 3/13/2009
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
--------------
3956 HOFFER -------------------------------------
DONALD & DOROTHY Check Date: -----------
03/13/2009 ------------------
Check No.: 1853
RENT 2008- 05030 PYMT/CASH 300.00 8/21/2008
Payee total:
--------------------- 300.00
-----------
------------------
-------------- ----------------
Grand total: 300.00