HomeMy WebLinkAbout04-1589COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL ?J
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
09-1-02
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na
01- 1-5 rr
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 an the
date and in the case mentioned below
Ruth E. Smith
NAME OF MPRUNr MAG DW.. NO OR NAME OF DU
1835 Hunters Drive Robert V Manlove
ADDRESS OF AMUAW arY STATE zP CODE
Mechanicsburg PA. 17050
GTE tk A1o(IMEM N THE CASE CP (PIFNafia) (Defeldl )
3/16/04 Ruth Smith Jennifer Yanc & Erin Ulrich
vs
CIAw Na SIGNATURE HIS ATTORNEY OR AGEW
CV ? ? 26-0+
LT
This block will be signed ONLY when this notation is required under Pa. RC . P No If appall t was CLAIMANT (see N. RCA. . No.
1008&
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Duty
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 , appelkse(s), to file a complaint in this appeal
Name or appeaee(s)
(Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros
SVX?A a of appellant or his attorney or agent
RULE: To appellee(S)•
Name of appelke(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.. y?,4 0 y ? a
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the ?to;ice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _ ; SS
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No upon the District Justice designated therein an
(date of service) _ _ E] by personal service ? by (cer ified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name,) -- on
? by personal service ? by 'certified) (registered) mar. sender's receipt attached hereto
El and further Shat I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on _ _ _ ? by cersonal service ? by (certified) (registeredi
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Jointure of affiant
5gn.it t oil; o re ,ore -hcrn K i rmae
Title of ofticol
My commissicg exp es
c, =ri
r
V
In 4
Ld
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
i Mag. D'sl. No.:
09-1-02
DJ Name: Hon.
ROBERT V. MANLOVE
Address: 1901 STATE STREET
CAMP HILL, PA
Telephone: (717) 761-0583
RUTH E. SMITH
1835 HUNTERS DR
MECHANICSBURG, PA 17050
THIS IS TO NOTIFY YOU THAT:
Judgment:
17011-0000
Fx] Judgment was entered for: (Name)
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAMEand ADDRESS _
rSMITH, RUTH E
1835 HUNTERS DR
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rYANC, JENNIFER, ET AL.
101 PEPPER AVE
ENOLA, PA 17025
L J
DocketNo.: CV-0000026-04I
Date Filed: 1/23/04
FOR DEFNNDANT
YAMO., •T9NMTFFR
FxO Judgment was entered against: (Name) SMITH, RUTH F.
in the amount of $ . no on: (Date of Judgment) 3/] 6/04
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT,
cS L / G7 Date 7 4t, N J ` XS District Justice
I cer iffy th thesis is a 4
.po ( Date
My commission expires first Monday of January, 2006 .
AOPC 315-03 DATE PRINTED: 3/16/04 2:58:06 PM
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
the proceedings containing the judgment
OF
District Justice
SEAL
COMMONWEAiTN Of PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
(119-1-02
NOTICE OF APPEAL
.-) -f
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the
date and in the cose'mentkmed below.
Ruth E. 31dth
1835 Ifimters Dtive Robert V Manlove
ADWESS OF MPEDANT CRY STATE ZP CODE
MbdxW11CShn PA. 17(M
DATE OF M NTIIE CASE ( M) (ceAWK 9)
3/16/04 Ruth Smith Ar dfer Yams & Erin Ulrich
K
SIGNATUE 77"S A OENEY oL A9ENT
CV CO OOD 36` Or
This block will be signed ONLY when this notation is required under Pa. R.C.KJP/No If appellant was CLAIMANT (see Pa. R.C.P. A No.
10088. J?
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDERS 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 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
(Common Pleas No
appellesi(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of ran pros.
Signaeure of appeiiant a his amomey or agent
RULE:
Name of appeage(s)
appelee(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 moil.
(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 dote of mailing.
r _
Date: _-? U ( t..t iYIL(?
Sip Ire of PlOfhaT y p p w
Nance of appe)lee(s)
AOPC 312-90 COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PE1VSYLVANIA
COUNTY OF _..-.rp? SS
AFFIDA VIT: I ar or affirm that I served
`?f a otice of Appeal, Common Pleas No. 04 -_r 5g g - upon the Di "ce designated therein on
-_/t /0.4 E] rbbypersonal service by certified istered) mail, sender's
(d ) _41110
receipt attached hereto, and upon the appellee, (game) _ UGHni c 0/4 Cftn (elr;ck on
_?1pn 15 200 El by personal service b certified 'Il tared) mail, sender's receipt attached hereto.
? and Yurther that I served the Rule to File a Complaint accompanyin ove Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on __ _-: ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AF R D D SL
THIS. AYQF
was
My commission expires on _yHaI ComAmi&sAlexander' NotM Public
u on ExxpiresY
M Apr. 23, 2005
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CAIN' HILL Ph 17011
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ru $2.30
cenined Fee Q {pJ 7079
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Return Recelpt Fee J Pa ym
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Total Postage & Fees 0
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0 (Endorsement Required) 4.4?PR 15 VA/2
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Street, Apt. No.; or PO Box No.
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Street, Apt. No.; or PO Box No.
C3 t 3 °__lf}? -STC ------------------------
M1 ciir smi:N of a.. Pea t"7 Oa S
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¦ Complete items 1, 2, and 3. Also complete ,A-
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you. C.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: Dy
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Rob.eft t/. Mwt.ve- INF
I61oI Strfa Sk«t
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by (/jlease Print Clearly) I B. Pafe of
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delivery address different from item 1? ? Yes
YES, enter delivery address below: ? No
3. Service Type
)-6ertlfled Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number (Copy from service label)
7000 t530 o005 3423 tfo`l5
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
¦ 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. {{A'rticle Addressed to:_ p
C. Si lure
X ? Agent
ti eressee
D. Is delivery address different from Rem 17 Yes
If YES, enter delivery address below: No
l30 lei Jy? ?(c/x t L
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/ Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number (Copy from service label) D?
7 1530 oooS 3423 l65 I
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
RUTH E. SMITH,
VS.
JENNIFER YANC AND
ERIN ULRICH,
: IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PA
Defendants
NO. 04-1589 CIVIL TERM
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013-3302
(717) 249-3166
Date: ?r -
T
Court ID #07355
148 S. Baltimore Street
Dillsburg, PA 17019
(717) 432-4515
Attorney for Plaintiff
RUTH E. SMITH,
VS.
: IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PA
JENNIFER YANC AND
ERIN ULRICH,
Defendants
NO. (14-1589 CIVIL TERM
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes the Plaintiff, Ruth E. Smith, by and through her undersigned attorney,
Jane M. Alexander, Esquire, and avers in support of her Complaint against Defendants, Jennifer
Yanc and Erin Ulrich, as follows:
1. Plaintiff is Ruth E. Smith, an adult individual who resides at 1835 Hunter Drive,
Mechanicsburg, PA 17050.
2. Defendants are two (2) adult individual, Jennifer Yanc who currently resides at 101
Pepper Avenue, Enola, PA 17025 and Erin Ulrich who currently resides at 130 High Street
Enola, PA 17025.
3. The Plaintiff is the owner of a rental property, a house, located at 140 Altoona
Avenue, Enola, PA 17025.
4. On June 29, 2002 Plaintiff agreed to rent the premises located at 140 Altoona Avenue,
Enola, PA to both of the Defendants, and all three (3) parties executed a lease for said premises.
A copy of said lease marked Exhibit "A" is attached hereto and incorporated herein by reference.
5. The terms of said lease was for the period of July 15, 2002 to July 14, 2003 for a rental
of $600.00 per month.
6. The lease states on page 2 as follows: "It is further agreed that the terms and
conditions of this agreement and lease shall in no way be charged or altered except by a writing
signed by all of the parties hereto; and if the said party of the seconds part shall continue in
possession of the said premises after the expiration of said term, at the option of the said party of
the first part, such holding over though a new agreement of leasing, identical with this, had been
executed and delivered by the said parties hereto for a succeeding term."
7. The Defendants, after July 14, 2003 continued to reside in the premises and continued
to pay the rental of $600.00 per month. There were no changes in any of the terms and
conditions of the lease.
8. On November 15, 2003 Defendants gave a written notice to Plaintiff that they would
be moving out on December 15, 2003. A copy of said notice marked Exhibit "B" is attached
hereto and incorporated herein by reference.
9. Plaintiff immediately contacted the Defendants and advised them that the term of their
lease, having been renewed by virtue of their holding over, was to July 14, 2004.
10. Defendants advised the Plaintiff as well as her daughter that they did not care about
the term of the lease, they were moving out.
11. Plaintiff then requested her attorney to send each of the Defendants a letter
explaining the situation. Copies of those letters marked Exhibit "Cl" and "C2" are attached
hereto and incorporated herein by reference.
12. The Defendants removed from the premises on or about December 15, 2003.
13. Plaintiff immediately began seeking a tenant and advertising the property for rent.
14. Plaintiff kept the Defendants advised of the situation by a letter of January 8, 2004.
A copy of which marked Exhibit "D" is attached hereto and incorporated herein by reference.
15. Under date of January 13, 2004 Plaintiff returned the entire amount of the security
deposit to the Defendants.
16. Plaintiff was able to rent the property as of February 15, 2004.
17. Although Plaintiff made a demand for payment of rent and other expenses incurred
by reason of Defendants' removal no payments have been received.
18. Plaintiff suffered the loss of two (2) months of rent of $600.00 per month, late fees of
$182.00, electricity of $23.85, fuel oil to heat the premises so pipes would not freeze of $254.31
for a total of $1,660.16 and has incurred filing and fees and costs in an effort to collect the
amount due her.
WHEREFORE, Plaintiff prays that the Defendants be ordered to pay her the sum of
$1.660.16 and reimbursement of costs and fees.
Respectfully submitted
Date
M.
tomey I.D. #Q7355
48 S. Baltimore Street
Dillsburg, PA 17019-0421
(717) 432-4514
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
S.S
Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and
County. Personally appeared Ruth E. Smith who, being affirmed according to law, deposes and says
that the facts and matters set forth in the foregoing Complaint: are true and correct to the best of her
knowledge, information and belief.
Sworn to and subscribed before
me this 0--ct-day of
/_tr, I/ .2004.
Notary Public
Notarial Seal
Halvard E. Alexander, Notary Public
Dillsbur* Horo, York County
My Commission Expires Apr. 23. 2005
Member, PennspaniaAssociationotNOtadea
C = ¢?6
Ru rE. Smith 'o
7ihis 7rgreement
Made this 3q4"' day of S vr? ?OOa A.D.
between Ruth E. Smith
hereinafter styled the party of the first part, and Jennifer Yanc and `Erin Ulrich
hereinafter styled the party of the
second part.
WITNESSETH, That the said party of the first part, in consideration of the rent and cove.
nants hereinafter mentioned, doth demise and lease unto the said party of the second part to
be used as a domicile the premises situated in the
County of Cumberland
and Commonwealth of Pennsylvania, described as follows:
140 Altoona Avenue
Enola, PA 17025
TO HAVE AND TO HOLD unto the said party of the second part, subject to the coudi-
tions of this agreement for the term beginning on the fifteenth day of
July 2002. and ending on the fourteenth
day of July 2003
IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the
said party of the first part for the use and occupancy of the said premises, the sure of
seven thousand two hundred dollars, payable as follows, via:
six hundred dollars on the fifteenth of each month.
AS A FURTHER CONSIDERATION for the use and occupancy of said premises the said
party of the second part hereby agrees to faithfully keep and be bound by the following cove-
nants, conditions and agreements, viz:
The said premises are to be kept and maintained in as good repair and condition as at
present and at the expiration of this lease, they are to be surrendered in like repair and con-
dition, natural wear and damages happening by fire, atom or other casualties only excepted.
The premises are to be kept in a clean and sanitary condition and all ashes or other as
bage which may accumulate thereon during the term are to be removed, and in case of faiglure
to remove the same the party of the first part may collect as rent due and in arrears double
the cost of removal; the water, lifbting or other service for the use of the occupants of the
said premises furnished by any Public Service Company dur, the mid term shall be paid
for by the mid party of the second part unless otherwise provided herein, or the same may
be collected by the mid party of the first part as rent due and in arrears.
Nothing shall be done upon said premises contrary to the conditions. of the policies of
insurance upon the buildings thereon whereby the hazard may be incremed or the insurance
invalidated; neither the whole nor any portion of the mid premises shall be sublet, nor shall
this lease or any interest therein be assigned, nor shall the party of the second part remove
or attempt to remove from said premises during the term of this lease„ without the written
consent of the said party of the first part; and no unlawful business shall at any time be
carried on upon said premises.
The party of the first part expressly reserves the right to enter upon the premises at
reasonable times for the purpose of making necemary inspection, repairs, or to show the
same to prospective purchasers or lease", and may display "for rent"' or "for sale" cards
thereon.
The removal of any goods from the premises, whether by day or by night, without the
written consent of the party of the first part, shall be deemed a clandestine and fraudulent
removal and such goods shall remain liable to distress for a period of thirty days after such
removal wherever they may be found.
If default shall be made in the payment of any part of the mid rent after the mine be.
comes due, or is can of a breach or evasion or any attempt to break or evade any of the
covenants or conditions of this agreement, the entire rent reserved for the full term of this
lease remaining unpaid shall become due and payable at once and may forthwith be collected
by distress or otherwise, and at the mine time the party of the Punt part may forfeit and
annul the unexpired portion of this lease and enter upon and repossess the said premises with
or without process of law, and without giving any notice wbatsoever.
Acreptance by the party of the first part of any of the said rent at any time after the
same ;hall become due, after default ban been made in the payment thereof, or any failure
to enforce any of the rights herein reserved to the party of the first part, or any of the panel-
ties, forfeitures or conditions heroin contained, shall not in any wise be considered a waiver
of the right to enforce the same at any time without any notice whatsoever, and any attempt
to collect the rent by one proceeding shall not be considered m a waiver of the right to col-
lect the same by any other proceeding, but all of the rights of the party of the first part,
and all forfeitures, penalties and conditions may be enforced together or successively at the
option of the party of the first part
;G1v lli6tk "A"
t the party of the second part shall became insolvent make
of creditors, commit any ant of bankruptcy, file a voluntary
lull term of this lease shall become due and collectable immediately by distress or otherwise.
The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby
authorized to appear for and to confess a judgment against the said party of the second
favor of the said party of the first part for the whole amount of said rent as
part and in set ft
And the said party of the second part hereby waives the usual notice to quit and agrees
to surrender said premises at the expiration of aid term, or the termination of this lease,
without any notice whatsoever. And upon any proceeding instituted for the recovery of said
rent either by distress. or otherwise, the said party of the second part waives the benefit of
all appralsement stay and exemption laws, the right of inquisition on real estate, and all.
bankruptcy or insolvency laws now in force or hereafter passed.
Upon the breach of any of the covenants or agreements of this lease or upon its term-
ination by forfplture, default or expiration, the Prothonotary or any attorney as aforesaid
is hereby authorized to appear for and to confess judgment in an amicable action of eject-
ment against the said party of the second part and in favor of the said party of the first
part for the premises herein described and to direct the immediate issumg of a writ of
habere facial possessionem with clause of Bari facias for costa, waiving all irregularities,
without notice and without asking leave of court
It is further agreed that the terms and conditions of this agreement and lease shall in
no way be changed or altered except by a writing signed by all of the parties hereto; and
if the said party of the second part shall continue in possession of the said premises after the
expiration of said term, at the option of the said. party of the first part such holdin
may be held and deemed a renewal of this agreement for another hke term, ame as
though a new agreement of leasing, identical with this, had been executed and delivered
by the sa:d'parties hereto for a succeeding term.
A A security deposit of six hundred dollars is required.
A thirty day notice is required if the tenant intends to vacate at
the end of the lease period.
The said party of the second part agrees to keep walks clear of
snow and ice and the grass mowed.
It is further agreed that no pets will be kept on the premises.
No more than 3 persons shall occupy the premises.
IF A WATERBED IS INSTALLED AND'/OR USED, LIABILITY INSURANCE FOR
PROTECTION AGAINST DAMAGE MUST BE CARRIED BY LESSEE. ANY DAMAGE
CAUSED BY USE OF SUCH BED MUST BE REPAIRED AT TENANT'S EXPENSE.
'The party of the second part agrees that any plugged drains and/or
sewer lines caused by negligence of the tenant that require opening
by the landlord or plumber are to be charged to the lessee.
A late payment of ten dollars ($10.00) will be included by the
lessee on any rent money reaching lessor more than five days after
due date plus two dollars ($2.00) i7mr each day payment is not re-
ceived thereafter.
Oil tank must be left at 3 level when tenant vacates.
All of said rent shall be paid to Ruth E. Smith, 1835 Hunter Drive,
MeclelconnNOgi6 at)?1?Oagreement shall extend to the administrators and executors of
all the parties hereto,
IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals
the day and year first above written.
TOw 9vo9
in the presence of /1/???sS _.-....._. - CSEALI
P h 9
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ATTORNEY AT LAW
148 SOUTH BALTIMORE STREET
P. O. BOX 421
DILLSSURG, PENNSYLVANIA 17019-0421
(717) 432-4514
FAX (717) 502-1087
E- Mail: j ma lexander148@earth l ink. net
December 11. 2003
Jennifer Yanc
140 Altoona Avenue
Enola, Pa. 17025
Dear Jennifer,
I represent Ruth E Smith of Mechanicsburg, who owns the property at 140 Altoona
Avenue, Enola Pa. 17025 which you and Erin Ulrich occupy under the terms of a lease dated
June 29. 2002.
The original term of the one year lease was from July 15, 2002 to July 14, 2003. The
terms of the lease specifically provide that if the said party of the second part shall continue in
possession of said premises after the expiration of said term, at the option of the said party of
the first part, such holding over may be deemed a renewal of this agreement for another like
term.
You have, by continuing to remain in the premises after July 14, 2003 entered into
another lease year which expire July 14, 2004. Your thirty day notice does not release you of
the responsibility of payment of rent at the rate of $600.00 per month until such time as Ms.
Smith is able to find a replacement tenant.
Also, since you have told her you do intend to move on or before December 14,2003
she would like to schedule a "walk-through" before you leave to determine what funds if any
should be retained from your security deposit. You will need to give her your forwarding
address and make arrangements to give her the keys. Also, Mrs Smith needs to verify that
you have met the terms of your lease by having the fuel oil tank at the 3/8 level. If she needs
to purchase oil to bring the tank to that level those funds will be deducted from your security
deposit.
JEKLji6-A 'C(#
Jennifer Yanc
December 11, 2003
page 2
Thank you,for your prompt attention to these matters. If you have any questions,
Please contact my office.
Very truly yours,
Jane M. Alexander
JMA/js
ATTO> EY A
148 SOUTH BALTIMORE STREET
P, O. Box 421
DILLSBURG, PENNSYLVANIA 17019-0421
(717) 432-4514
FAx (717) 502-1087
E-Mail: jmalexanderl48Oearthlink.net
December 11, 2003
Erin Ulrich
140 Altoona Avenue
Enola, Pa. 17025
Dear Jennifer,
I represent Ruth E Smith of Mechanicsburg, who owns the property at 140 Altoona
Avenue, Enola Pa. 17025 which you and Jennifer Yanc occupy under the terms of a lease
dated June 29, 2002.
The original term of the one year lease was from July 15, 2002 to July 14, 2003. The
terms of the lease specifically provide that if the said party of the second part shall continue in
possession of said premises after the expiration of said term, at the option of the said party of
the first part, such holding over may be deemed a renewal of this agreement for another like
term.
You have, by continuing to remain in the premises after July 14, 2003 entered into
another lease year which expire July 14, 2004. Your thirty day notice does not release you of
the responsibility of payment of rent at the rate of $600.00 per month until such time as Mrs.
Smith is able to find a replacement tenant.
Also, since you have told her you do intend to move on or before December 14,2003
she would like to schedule a "walk-through" before you leave: to determine what funds if any
should be retained from your security deposit. You will need to give her your forwarding
address and make arrangements to give her the keys. Also, Mrs Smith needs to verify that
you have met the terms of your lease by having the fuel oil tank at the 3/8 level. If she needs
to purchase oil to bring the tank to that level those funds will be deducted from your security
deposit.
1 xl?`Ib`,d 'C2
Erin Ulrich
December 11, 2003
page 2
Thank you,for your prompt attention to these matters. If you have any questions,
Please contact my office.
Very truly yours,
Jane M. Alexander
JMA/js
JBnuarv 8-2004
3 F35 flunter Dvive
'rlechanicsb*u:;a, Pl. f7050
Jennifer Yanc Erin I.Tlrich
1010 Pepper Ave. 130 high .Street
13nela, Pa 17025 Enola, PA 17025
qo deductions will he taken from your security deposit on 140 Altoona Ave.;
therefore, I will be returning the entire deposit. However, since you are still liable
for rent until July 14, 2004, perhaps you would like to use this money to cover
the rent for December 15, 2003 through January 14, 2004. If so, please give tne written
permission, signed by both of you, no later than January 13 and I will not ask for the
accumulated late payment .For this month. This will not rover the expense of oil required
to keep the pipes from freezing after you vacated the premises.
I have advertised the propettj,, but as of this date have not frond another tenant. I will
keep you informed on this.
Sincere V, ,
.GL
Ruth L. Smith
x l? b i? -D
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_
Curtis R. Long
Prothonotary
office of the Vrotbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
CSC( - l.TQQ 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