HomeMy WebLinkAbout09-28871
:OMMONWEALTH OF PENNSYLV/
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
I I COMMON PLEAS No. D9' 01$87 Net Terra
NOTICE OF APPEAL
Notice is given that the appellant has fled 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.
vs
This block will be sigr
R.C.P.D.J. No. 1008B.
This Notice of Appeal, i
SUPERSEOEAS to the
received by d District , justice,
nent for noses ?n s case.
appetiant was
action
will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days alter filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fort 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 Z? appellee(s), to No a complaint in this appeal
Name of appollWa)
(Common Pleas No. 2ae rf C{V`' ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Term ?YI .
sronana o< edo,nsp or+gsie
RULE: To appellee(s)
Nara of apps)
(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 codified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAIN T YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: MLA) , 20 0
• SJgrwus o/ or 0@pW
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 - APPELLANT'S COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
PRQDF OF V F OTICEOF APPEAL AND RULE TO FILE COMPLAINT
(This pMkf 86A4ce"fi4LhST ii E fA0),0AYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served y
? a copy of the Notice of Appeal, Common Pleas udon 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
Title of offrciai
My commission expires on 20
VjNqhj4NN38
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COMMONWEALTH OF PENNSYLVANIA
Cn11NTY nF• CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-05
MARX MARTIN
Address: 507 N YORL ST
MECHANICSBURG, PA
Telephone: (717 ) 766-4575
17055
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rNiALEER, WILLIAM T ?
170 BRINDLE ROAD
MECHANICSBURG, PA 17055
L
DEFENDANT:
rMYERS, SUSAN
234A N LOCUST
MECHANICSBURG,
J
VS.
NAME and ADDRESS
STREET
PA 17055
SUSAN MYERS L J
234A N LOCUST STREET Docket No.: LT-0000155-09
XECHANICSBURG, PA 17055 Date Filed: 4/22/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) WALKER, WILLIAM T
Judgment was entered against DYERS, SUSAN in a
Z? Landlord/Tenant action in the amount of $ 1, 284.50 on 4/29/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 650.00.
The total amount of the Security Deposit is $ 650.00
Total Amount Established by MDJ Less • Security Deposit Applied =
=
Rent in Arrears $ 1,150.00 - $ .00
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ -00-$ _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
Total Judgment
Adjudicated Amount
$ 1,150.00
$ .00
$ _00
$ .00
$ _00
$ 1,150_00
$ 134.50
$ _00
$ 1,284.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FICED. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS -TO ENTER THE JUDGMENT,IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS 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.
Z.? Date f , Magisterial District Judge
P_y Tat this is a true an correct copy o the record o the proceedings containing the judgment.
Date , Magisterial District Judge
COMMONW9ALTHVF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of
PLAINTIFF: NAME and ADDRESS
C?v lTe??
vs.
DEFENDANT: NAME and ADDRESS
Common Pleas Docket No.
SECTION 8 TENANT'S SUPERSEDEAS AFFIDAVIT
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
1-;;Tl- Ss
print name and address here),
have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of
real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my
monthly rent or the actual rent in arrears. My total household income does not exceed the income limits set
forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma
pauperis (I FP) affidavit to verify this. I have/h t (cross out the one that does not apply) paid the rent
this month.
The total amount of monthly rent that I personally pay to the landlord is $ oZd / • li hereby certify that
I am a participant in the Section 8 program and I am not subject to a final (i.e., non-appealable) decision of a
court or government agency which terminates my right to receive Section 8 assistance based on my failure
to comply with program rules.
I verify that the statements made in this affidavit are true and correct to the best of my 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 SIGNATURE OF TE ANT
AOPC 312-08 (A)
WILLIAM T.WALKER
Plaintiff
V.
SUSAN MYERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 09- 01 $$ 7 Ci ?? ( Term
CIVIL ACTION -LAW
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow SUSAN MYERS to proceed in forma pauperis. I, Geoffrey M.
Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the
party is unable to pay the costs and that I am providing free legal service to the party.
Date:
2zt . 13eA?
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
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PROOF OF NOTICE QFAPPEAL AND RULE TO FILE COMPLAINT
(This Ww of seh ice MUST BE MLED.' ' Ill fEN IM' AYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEA THIOF PENNSY VANI?
COUNTY OF?r,?, e?/ ss
AFFIDAVIT: I hereby (swear) (affirm) that I served p
Oil a icopy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on
of service) , 20? by personal service I by (certified) (j*gk&.9d) mail,
;r`s receipt attach eto, and upon the appellee, (nam, '' I on
20 ? ? by personal service L y (certified) (r* mail,
ar•s r eipt attached hereto.
(SWORN) (/IRKED) AND SUBSCRIBED BEFORE ME
THIS 20 DAY OF 20-M.
Signdure of officiate befobre whom affidavit was made
u
Two of orals I
My mmission ex 0
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WILLIAM T. WALKER and : IN THE COURT OF COMMON PLEAS OF
NANCY A. WALKER, : CUMBERLAND COUNTY, PENNSYLVANIA
husband and wife
Plaintiffs
V. : DOCKET NO. 2009-2887
: CIVIL ACTION - LAW
SUSAN MYERS,
Defendant : CIVIL TERM
N O T I C E
You have beet sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County
Cumberland County Bar Association
32 Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
By:
Jennife B. Hipp, Esquire
Pa. I.D. No. 86556
Bogar and Hipp Law Offices
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiffs,
WILLIAM T. WALKER and NANCY A. WALKER
WILLIAM T. WALKER and : IN THE COURT OF COMMON PLEAS OF
NANCY A. WALKER, : CUMBERLAND COUNTY, PENNSYLVANIA
husband and wife
Plaintiffs
V. : DOCKET NO. 2009-2887
: CIVIL ACTION - LAW
SUSAN MYERS,
Defendant CIVIL TERM
COMPLAINT
William T. Walker and Nancy A. Walker, husband and wife, by
and through their attorney, Jennifer B. Hipp, Esquire,
respectfully represent as follows:
1. Plaintiffs herein are William T. Walker and Nancy A.
Walker, husband and wife, adult individuals, residing at 170
Brindle Road, Mechanicsburg, Pennsylvania 17050.
2. Defendant herein is Susan Myers, an adult individual
residing at 234A West Locust Street, Mechanicsburg, Pennsylvania
1.7055.
3. Plaintiffs are the owners of real property known and
numbered as 234A West Locust Street, Borough of Mechanicsburg,
Pennsylvania, same being a residential rental property.
4. On January 24, 2009, Plaintiffs, by written Lease
Agreement with Defendant, leased to Defendant the residential
rental unit located at 234, Unit "A", West Locust Street,
Mechanicsburg, Pennsylvania for a stated term of one (1) month,
automatically renewing on a month-by-month basis thereafter. A
copy of the Lease Agreement is attached hereto and incorporated
herein as Exhibit "A".
5. Defendant was responsible to pay rent in the monthly
amount of $650.00 per month, payable in advance on the first day
of each month. See Exhibit "A", Page 1.
6. The Lease provided that the term of the Lease would
automatically renew on a month-by-month basis unless written
Notice of Intention to Terminate was given by either party not
less than thirty (30) days prior to the proposed date of
termination.
7. On or about March 24, 2009, Plaintiffs obtained a
Judgment in the amount of $1,601.05 and possession of the subject
residential rental property, based upon Defendant's failure to
pay rent and for rent in arrears. A copy of the Notice of
Judgment/Transcript is attached hereto and incorporated herein as
Exhibit "B".
8. After receiving the Notice of Judgment/Transcript on
March 24, 2009, Plaintiffs secured a new tenant for move-in to
the residential rental unit on May 1, 2009. Plaintiffs entered
into a Lease Agreement with the prospective tenant and the tenant
provided Plaintiffs with the security deposit and first month's
rent.
9. After securing the new tenant for the subject
residential rental property, Plaintiffs received a telephone call
from Magisterial District Judge Martin advising that he would
issue an "Amended" Notice of Judgment/Transcript indicating that
the Defendant could stay in the residential rental unit if she
satisfied the judgment.
10. On or about March 24, 2009, Plaintiffs received the
"Amended" Notice of Judgment/Transcript. A copy of the "Amended"
Notice of Judgment/Transcript is attached hereto and incorporated
herein as Exhibit "C".
11. Defendant had until April 17, 2009 to satisfy the
judgment or be evicted from the premises.
12. On the morning of April 17, 2009, Plaintiffs had not
received the judgment amount of $1,601.05. See Exhibits "B" and
11 C
13. On the morning of April 17, 2009, Plaintiff, William
Walker, went to the residential rental property to await the
constable and eviction of Defendant.
14. At the subject property, Plaintiff William Walker was
greeted by Glenda Taylor, mother of Defendant, and Defendant.
15. Upon the request of Ms. Taylor, Plaintiff William
Walker entered into an agreement with Ms. Taylor that Ms. Taylor
would pay $1,731.55 in cash towards satisfying the Judgment and
Plaintiff William Walker would agree not to evict Defendant on
April 17, 2009. A copy of Plaintiffs' April 17, 2009
correspondence to Ms. Taylor is attached hereto and incorporated
herein as Exhibit "D".
16. As part of his agreement with Ms. Taylor, Plaintiff
William Walker agreed to permit Defendant to reside in the
residential rental unit until April 29, 2009. See Exhibit "D",
Paragraph No. 2.
17. Further, Plaintiff William Walker agreed that he would
assist Defendant in her move to another apartment. See Exhibit
"D", Paragraph No. 3.
18. On April 17, 2009, Glenda Taylor provided cash to
Plaintiff William Walker in the amount of $1,731.55.
19. Also on April 17, 2009, Plaintiff William Walker
entered into an agreement with Defendant Myers confirming the
agreement with Ms. Taylor. A copy of Plaintiffs' Agreement with
Ms. Myers is attached hereto and incorporated herein as Exhibit
"Ell.
20. Plaintiffs' Agreement with Defendant referenced the
receipt of $1,731.55 in cash from Taylor and Plaintiff William
Walker's agreement that Defendant could remain in the apartment
until April 29, 2009 to permit Defendant to allow for a more
orderly transition to a new residence. See Exhibit "E".
21. On or about April 22, 2009, Defendant informed
Plaintiff William Walker that she would not vacate the premises
on or before April 29, 2009 pursuant to the terms of their
Agreement. See Exhibits "D" and "E".
22. Also, on or about April 22, 2009, Plaintiffs filed a
Landlord and Tenant Complaint requesting damages related to
unauthorized renovations performed at the apartment, an
additional adult individual residing in the apartment, disruptive
behavior and damage to the apartment. Plaintiffs also requested
possession of the property.
23. The Lease Agreement limits occupancy of the unit to
three (3) individuals, same being Defendant and her two
daughters. See Exhibit "A", Paragraph No. 2.
24. The Lease Agreement sets forth that if anyone other
than those individuals named in the Lease Agreement, is found to
be living in the said apartment, rent will increase $100.00 per
person per month retroactive to the beginning of the Lease. See
Id.
25. The Lease Agreement's Rules and Regulations specify
that there should be no changes of any nature to the building or
its structure without the advance written consent of the
Landlord. See Exhibit "A", Paragraph No. 7. A.
26. The Lease Agreement's Rules and Regulations specify
that "there should be no decorating or redecorating, including,
but not being limited to: painting, wall covering, floor ...
without the advance written approval of the Landlord." See Id.
at Paragraph No. 7.B.
27. Without the advance written consent of Plaintiff
Landlord, Defendant installed new carpet in the residential
rental unit.
28. As part of installation of the new carpet, the carpet
installers caused damage to the door of the apartment unit which
necessitated replacement of the door.
29. The costs incurred to purchase materials and replace
the door are in the amount of $1,000.00.
30. Defendant failed to notify Landlord of the damage
caused to the door by installation of the new carpet. See
Exhibit "A", Paragraph No. 7. K. and N.
31. Defendant failed to remit her rental payment on or
before May 1, 2009, said payment being in the amount of $650.00.
32. Defendant received assistance for payment of her rent
from Cumberland/Perry Housing and Community Partnership as a
participant in the Section 8 Program.
33. Defendant received monthly assistance in the amount of
$449.00.
34. Defendant was personally responsible to pay $201.00
each month towards her rent.
35. Defendant filed a Section 8 Tenant's Supersedeas
Affidavit filed Pursuant to Pa.R.C.P.M.D.J.No. 1008C(2) stating
that she had paid the rent for May. A copy of Plaintiffs'
Affidavit dated May 7, 2009, is attached hereto and incorporated
herein as Exhibit "F".
36. Plaintiff did not pay her portion of the rent due and
owing May 1, 2009.
COUNT I - BREACH OF CONTRACT
37. The averments of Paragraphs 1 through and including 36
hereinabove are incorporated herein by reference thereto.
38. By virtue of the lease contract between Plaintiffs and
Defendant, Defendant agreed to pay, in full and in a timely
manner, the monthly rental payments of $650.00, and to maintain
the rental unit premises in a clean and sanitary condition. See
Exhibit "A".
39. Defendant failed to timely remit her monthly rental
payments, caused substantial amounts of damage to the rental unit
and failed to maintain the premises in a clean and sanitary
condition.
40. To date, Defendant, despite proper requests and demand
by the Plaintiffs, has not brought her account current.
WHEREFORE, Plaintiffs, William T. Walker and Nancy A.
Walker, demand judgment against Defendant, Susan Myers, in the
amount of $1,901.00, plus interest, together with the cost of
this action, attorney's fees and any other relief deemed just and
appropriate.
COUNT NO. 2 - OUANTUM MERUIT/IMPLIED CONTRACT
42. The averments of Paragraphs 1 through and including 41
hereinabove are incorporated herein by reference thereto.
43. Pursuant to the request made by Defendant, Plaintiffs
provided a rental unit to Defendant.
44. The reasonable and necessary rental charges for said
services provided as requested by Defendant and the damage to the
rental until are in the total amount of $1,901.00.
45. To date, Defendant, despite proper requests and demand
by Plaintiffs, has not brought its account current.
46. By reason of Defendant's request for provision of a
residential rental unit, Defendant impliedly agreed to pay the
reasonable and necessary charges for same pursuant to the terms
of the Lease Agreement.
WHEREFORE, Plaintiffs, William T. Walker and Nancy A.
Walker, demand judgment against Defendant, Susan Myers, in the
amount of $1,901.00, plus interest, together with the cost of
this action, attorney's fees and any other relief deemed just and
appropriate.
COUNT NO. 3 - UNJUST ENRICHMENT
47. The averments of Paragraphs 1 through and including 46
hereinabove are incorporated herein by reference thereto.
48. Defendant was leased a clean and sanitary rental unit
from Plaintiffs as set forth herein. Plaintiffs fully and
adequately provided the residential rental unit to Defendant, all
as requested by Defendant.
49. As a direct and proximate result of Defendant's refusal
to pay the reasonable monthly rental payments in a timely manner
and to maintain the rental unit in a clean and sanitary
condition, from which Defendant benefitted, Defendant has been
unjustly enriched in the amount of $1,901.00.
WHEREFORE, Plaintiffs, William T. Walker and Nancy A.
Walker, demand judgment against Defendant, Susan Myers, in the
amount of $1,901.00, plus interest, together with the cost of
this action, attorney's fees and any other relief deemed just and
appropriate.
Date: \2 ?0% By: oll??
1 Jenn r B. Hipp, Esquire
Pa. I D. No. 86556
Bogar and Hipp Law Offices
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiffs,
William T. Walker and
Nancy A. Walker
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that unsworn statements herein are
made subject to the penalties of 18. Pa. C.S.A. § 4904, relating
to unsworn falsification to authorities.
Date: Slz?lO? WJQ)" VfhL
Will' m Walker
t r I
Nancy Walker
WILLIAM T. WALKER and
NANCY A. WALKER,
husband and wife
Plaintiffs
V.
SUSAN MYERS
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2009-2887
: CIVIL ACTION - LAW
CIVIL TERM
CERTIFICATE OF SERVICE
I, Jennifer B. Hipp, Esquire, hereby certify that I am this
day serving the foregoing COMPLAINT as required by Pa. R.C.P.
237.1 upon the following named individual this day by depositing
same in the United States Mail, Certified Mail, Return Receipt
Requested, at Shiremanstown, Pennsylvania, addressed as follows:
Geoffrey M. Biringer, Esquire
MIDPENN LEGAL SERVICES
401 E. Louther Street
Suite 103
Carlisle, PA 17013
Date. l
Jennif r 'B. Hipp, Esquire
EXHIBR
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this 14 day of JA&3vA&N , 200 9, by and
between WILLIAM T. WALKER AND NANCY A. WALKER, his wife, of 170 Brindle Road,
Mechanicsburg, Pennsylvania, hereinafter referred to as "LANDLORD",
AND
Stk sAw MY04
Pki Am
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3?2y S.,'1c?wtc? IFSI?C•
Hereinafter referred to as "TENANT".
WIT ESSETH:
That Landlord, in consideration of the payment of the rent reserved and the performance of the
Covenants and agreements hereinafter recited and contained, does hereby demise and lease to said Tenant_
The premises situated at
-
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?IeC14Q#J lcSjNkaI P (7055
Real estate being improved withidential
Properly, same being known and numbered as
Z34A wEsr LvcuSt' .Sr
Her t4aw ics $4k G. rA- 17o s s-
TO HAVE AND TO HOLD the said premises, subject to the conditions of this Agrr nt;T`or a term
of one (1) month, beginning on the day of PeRuR ARY , 200 being renewable
as hereinafter provided. First month's rent to be for beginning date until end of month; thereafter, rent
will start on the first of each and every month.
IN CONSIDERATION of which Tenant agrees to pay Landlord as rent for the use and occupancy
of said premises, the sum of S 13V tM63 WE6-4 Flft _ (4 O-cO) Dollars per month, said
amount subject to increase as hereinafter provided, payable promptly at the residence of Landlord by the first
of each month. Said rent to be paid by Tenant to Landlord without demand on or before the first day of each
1.
and every month. A late charge of Two ($2.00) Dollars per day will be imposed for every day said payment is
late after the due date thereof.
AS A FURTHER CONSIDERATION for the use and occupancy of said premises, Tenant hereby
agrees to faithfully keep and be bound by the following covenants, conditions and agreements:
1. SECURITY DEPOSIT:
On or before the execution of this Lease Agreement, Tenant agrees to pay to Landlord the sum
1 so of 5 i r NkNwo f F1(= ry ( (o S • do) Dollars as a security deposit for payment
sy )101
'W of damages to leasehold premises and/or default of rent under the terms of this Agreement. Any
?? balance remaining will be refimded to Tenant by Landlord within Thirty (30) days of the
termination of this Lease Agreement. Parties of the first part agree to comply with the law
6vd' governing escrow funds. If this Lease Agreement involved two or more parties and if any of the
parties decide to vacate this apartment, it is their responsibility to obtain their portion of the
Security Deposit from the party(ies) remaining in said apartment. Landlord will not return any
Security Deposit if any of the parties named in this Lease Agreement remain a tenant in said
Apartment.
2. LMT ON 9MMANCY:
The lid premises shall be used only as a s hi& fa y d t b be occ%ied bq
ONLY, A'I'M Teo& min. Said
fly neat is die woe than 3 per, said all toff mod. Amy o y
of the leased premises for a period in excess of seven M days by an i iftdadwr*an Te ,
sl be repided as breach of this covauat, crate of fee Ladlwd of such
oc y is std in advancer. If aMoer., o*w fta *m hied inks Low Awes is
found to be living in said apartmeK rat wil1 ire $100 per passm per nth retrvaedw
to the bed of the Lease.
3. ASSIGNMENT AND SUBLETTING:
Tenant shall not sublet the leased premises or any part thereof, nor assign this Agreement without
the written consent of the landlord.
4. UTILITIES AND TRASH REMOVAL:
Tenant shall provide, be responsible and pay for the following during the entire term of Lease
starting on Day 1 and agrees to reimburse Landlord any amounts charged to Landlord Tenant
must call the following utilities and have utilities put in their name before occupancy:
Electric (including heat) PPL 1-800-342-5775
Cable Comcast 540-8900
Telephone Verizon 1-800-660-7111
Public Water United Water 5643662 ext. 1109 (Charlene)
Gas (including heat) UGI 232-1811
2
Landlord shall supply and make available the following:
Borough or Private Trash Removal
Public Sewer
5. COMPLIANCE WITH LAWS:
Tenant agrees to comply with all laws of the United States, the Commonwealth of
Pennsylvania and the Ordinances of M t C.tf A N tcS 8wQ G- Borough.
6. RENTAL INCREASE AND TERNIINATION:
Landlord reserves the right to increase the rent upon thirty (30) days written notice sent to Tenant
at the above-named premises. The term of this Lease shall be automatically renewable unless
terminated by either party upon thirty (30) days written notice.
..RULES AND R.t3?ULATIONS:
The following conditions or rules adopted for the premises are to be understood as part of this
Lease Agreement. Failure to abide by the following conditions or rules shall be deemed to be a
default of this Agreement.
A_ There shall be no changes of any nature to the builffing.or its *uctm wi t the advance
written consent of the Landlord.
B. Thera- dM be no decorating or • g inc but . g linbW to: paindug
wall cavubg floor covering and picture or, havers; WNW* the WMWe Wri a
approval of the Laaaillord. TTemst agrees to return to onghol coadMon or pay
Landlord to perform this work.
C. There shall be no animals or pets kept in or about the premises. If any pets are found in or
about the premises at any time, an additional Security Deposit of One Hundred Fifty Dollars
($150.00) will be due and payable within two days. In addition, the pet(s) must be removed
from the premises immediately and permanently and Tenant agrees to pay One Hundred
Dollars ($100.00) per month back to the beginning of the Lease as an animal-caused-
Additional- rent- premium for occupation and/or damages of the apartment.
D. Tenant shall not add or change any locks without the advance written consent of the Landlord.
Tenant agrees to pay an additional $200.00 fee for any and each violation. Tenant agrees to
give key to any replaced lock immediately to Landlord or will pay Two Hundred Dollars
($200.00) per month of said violation.
E. The leased premises must be totally cleaned by Tenant prior to vacating, including complete
cleaning of refrigerator, stove and oven. Failure to do so will result in a cleaning charge by
Landlord of $200.00.
F. Tenant shall be responsible for all snow removal.
G. RENTERS' INSURANCE:
Tenant shall be responsible to maintain insurance for its contents and liability insurance,
both in reasonable amounts and hold landlord faultless and harmless for any said damages.
H. Tenant shall return all keys to Landlord at the termination of the Lease. Failure or refusal
to return the keys shall subject Tenant to the additional cost for the replacement and/or
.changing of all keys and locks. Tenant agrees to pay $100.00 fee for failure to return keys.
Landlord will be paid $25.00 immediately and promptly for each trip to open locked door.
I. Tenant agrees to maintain a telephone in the residence and to provide Landlord with the
telephone number.
J. Tenant shall maintain the heat to at least 50 degrees in order to prevent waxer line freezes
and plaster cracking.
K. Tenant bears sibs ty to notify Landlord of any ptablem iduations, i.e., leaky rock
f Ey wiring, dcfiective phunbing, etc.
L. Tenant shall not have unruly conduct by self or visitors to disturbance of other tenants or
neighbors.
M. All trash and garbage must be kept in closed containers and removed from premises at
least once a week.
N. Any damW to any pa t of the buildi specifically, dam wWtlmws, wails, dding aerpe?,
flooring, Cd6wW plumbing firms (beyond noel Wear sad tom, v&dbw cawed by Tens ,
dA&vn, VMlCOWtd or u guests, will be p f o; o'k ed byl acd at T s
expense, which will be billed duvWy to Teat fca: i payer.
0. There will be a $30.00 charge for any check returned by the bank and a $50.00 charge for a
stop payment.
P. Tenant shall not order repairs or maintenance in the name of the Landlord. Tenant is not to
deduct any expenses from the monthly rent payment.
Q. There are to be no in-home businesses conducted in this apartment.
8. RESPONSIBILITY FOR DAMAGES:
Tenant agrees to be responsible for and hold Landlord harmless from any and all liability
by reason of any injury or damage to any person or property on the demised premises, whether
belonging to the Tenant or any other person, caused by any fire, leakage or leakage on the part
or portion of the demised premises; or any part or portion of the building of which the demised
premises is part or from water, rain or snow that may leak into, issue or flow from any part of the
demised premises or the building in which the demised premises is a part, or as a result of the
negligence of the Landlord or its servants or agents or any other person whomsoever.
4
9. MAINTENANCE OF PREMISES:
The premises are to be kept in a clean and sanitary condition, and Tenant agrees to keep the
premises free from dirt, litter, rubbish and all debris. All porches and decks are to be kept
clean and free of clutter. Grills may be stored on porches and decks, but must be covered
when not in use. Grills may not be used on covered porches. Taking into consideration the
size of the porch or deck, porch furniture may be neatly arranged on porch or deck. No
upholstered furniture may be used or stored outside. Landlord retains the right to request any
and all objectionable items be removed promptly by Tenant. Any situation allowed to exist that
would necessitate an extermination fee and treatment will be billed to and paid by Tenant
immediately.
10. INSPECTION:
Tenant hereby agrees that Landlord may enter upon the premises demised at any time for the
purpose of making inspection or repair, or for showing the premises to prospective purchasers
or tenants, and further that Landlord may display upon the premises demised signs indicating
that the premises are "For Sale" or "For Rent".
11. PAYMENT OF RENT OR BREACH OF CONVENANT:
Tenant agrees that upon the nonpayment of rent or any attempt to breach any of the covenants and
conditions of this Agreement or any breach of the covenants and conditions of this Agreement,
the full and entire rent reserved for the full term of this Lease remaining unpaid shall be termed
due and payable as liquidated damages for the nonpayment of rent, or the breach or attempt to
breach any covenant contained herein.
PENALTY:
There will be an additional charge of one month's rent for an occupancy of less than six months.
There will be an additional charge of one-half month's rent for an occupancy of between six
and twelve months. This is required because of wear and tear on apartment in moving furnishings
in and out of apartment, advertising, costs, time required to show apartment, etc.
12.. CObUMSION OF AMOEM NT:
If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same
should be paid, Tenant hereby empowers any Prothonotary or attorney of any Court of Record to
appear for Tenant in any and all actions which may be brought for rent and/or the charges,
payments, costs and expenses reserved as rent, or agreed to be paid by the Tenant and/or to sign
for Tenant an agreement for entering in any competent Court an amicable action or actions for
the recovery of rent or other charges o r expenses, and in said suits or in said amicable action or
actions to confess judgment against Tenant for all or any part of the rent specified in this Lease
and then unpaid including, at Landlord's option, the rent for the entire unexpired balance of the
term of this Lease, and/or other charges, payments, costs and expenses reserved as rent or
agreed to be paid by the Lessee, and for interest and costs together with an attorney's
commission of 25%. Such authority shall not be exhausted by one exercise thereof, but
5
judgment may be confessed as aforesaid from time to time as often as any of said rent and/or
other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised
as well after the expiration of the original term and/or during any extension or renewal of
this Lease.
13. WAIVER OF ACTS OF ASSEMBLY:
Tenant hereby waives the provision of the Act of Assembly providing for notice to quit and
agrees to vacate and surrender the leased premises at the expiration of the tern, or within
five (5) days notice that Tenant must quit and surrender the premises demised for any
reason whatsoever, including, but not limited to failure to pay rent, breach or attempted
breach of any of the covenants and conditions of this Agreement, and the termination of the
Lease Agreement.
14 NOTICES:
All notices required to be given by the Landlord to Tenant shall be sufficiently given by
leaving the same upon the demised premises, but notices given by Tenant to Landlord must
be given by Registered Mail, and as against Landlord the only admissible evidence that
such notice has been given by Tenant shall be a Registered Return Receipt signed by Landlord
or its agent. Landlord's address for the purpose of mailing such notice shall be 170 Brindle
Road, Mechanicsburg, Pennsylvania 17055. If Landlord changes addresses from the address
herein stated, Landlord shall give written notice to Tenant of such change of address.
15, UNDERSTANDING OF PARTIES:
It is hereby expressly agreed and understood by and between all the parties hereto that this
Lease Agreement sets forth all the promises, agreements, conditions and understandings
between Landlord and Tenant relative to the leased premises and that no other promises,
agreements, conditions or understandings either oral or written, exists between the parties
other than are herein set forth.
16. NOTICE:
TENANT, YOU ARE HEREBY NOTIFIED THAT BY EXECUTING THIS LEASE
AGREEMENT, YOU ARE WAIVING THE BENEFITS OF THE ACTS OF ASSEMBLY
OF THE COMMONWEALTH OF PENNSYLVANIA AND THAT CERTAIN PROVISIONS
OF THOSE ACTS WERE ENACTED FOR YOUR BENEFIT AND PROTECTION.
17. UNDERSTANDING:
Tenant acknowledges and states that the premises subject to this Lease Agreement has been
inspected and has been found to be habitable and acceptable as a dwelling unit. Tenant
further agrees to promptly notify landlord of any condition or conditions that would or will
tend to render said premises uninhabitable. Said notification shall be in writing and delivered
to the address of the Landlord.
6
PRIOR TO THE SIGNING OF THIS LEASE AGREEMENT, TENANT HAS
EXPLAINED THAT IN CASE OF DEFAULT, A JUDGMENT CAN BE ENTERED IN
COURT WITHOUT PRIOR HEARING AGAINST HIM OR HER WHICH WILL REQUIRE
THE PAYMENT OF ALL AMOUNTS DUE AND UNPAID UNDER THIS LEASE
AGREEMENT, OR WHICH WILL REQUIRED DELIVERY OF POSSESSHON OF THE
PROPERTY. TENANT UNDERSTANDS THE CONFESSION OF JUDGMENT CLAUSE
AND AGREES TO ITS TERMS. TENANT, HAS HAD
YEARS OF FORMAL SCHOOLING AND TENANT,
HAS HAD YEARS OF FORMAL SCHOOLING AND HAS INCOME OF MORE
THAN $15,000 PER YEAR.
IN WITNESS WHEREOF, the parties herein have, executed these documents the day and year
written above, and intend to be legally bound hereby.
WITNESS:
q
7
• COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
CUMBZRXJUND
COUNTY OF.
RESIDENTIAL LEASE
May. Diet. No.:
09-3-05 CnPY r PLAINTIFF: ? WILLI= T NAME and ADDRESS
,
MDJ Name: Hon. 170 BRINDLE RD
MARX KILRTIN XZCSANICODURG, PA 17055
Address: 507 N YORK ST )
I1111CBANICSBURG, PA _
VS.
J
Teiephane: (717) 766-4575 17055 DEFENDANT: NAME and ADDRESS
rIxm
SIISAN
-1
,
234 A W LOCUST ST
MZCBA
NICSBURG, PA 17055
WILLIM T. NALLER L. --i
170 BRnWLB RD Docket No.: LT-0000113-09
MZCBANICSB=G, PA 17055 Date Filed: 3/13/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FO R PL&3=ITF
J Judgment was entered for: (gave) 11I=I= T
Judgment was entered against KINS, SUR
0 = in a
Landlord/Tenant action in the amount of $ 1, 601.05 on 3/24/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 201.00.
The total amount of the Security Deposit is $ 650.00
Total Amount Established b M J ess • Security Deposit Appli
Rent in Arrears -$ .00=
Physical Damages Leasehold Property $_ $_ .00=
Damages/Unjust Detention $ $ -00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
This case dismissed without prejudice. Total Judgment
Possession granted.
H Possession granted if money judgment
Possession swot granted.
Post Judgment Credits
Post Judgment Costs
CeAffled Judgment Total
$ Adjudica1tedMount6
, .0
.00
$ .00
$ _00
$ 1, 07 _ 00
$ 100.0%
$ _00
$ 1,601.05
0 Defendants are jointly and severally liable.
t1V-/Ff'7CCTfOR1 ENTfAL1-EASE;XNrPIRTY'HMIHEIVG'HrTO'APPEAtfROM'ik bDOMM-PO ---
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE. OF APPEAL WITH THE PROTHON&ARYICLERK 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 SUP.ERSEDEAS, THE A,PPKI 6NT 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. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER-PROCESS 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.
ja
as Date , Magisterial District
ce i a IS is a rue an correct copy o e record of t e E 11' a judgment. INE Date , Magisterial District
M? commission expires first Monday of January, 2012. EAL
AO C 315A-o8
COMMONWEALTH OF PENNSYLVANIA
rni ]ATV nF• CMMZRLAW
Mag. Dist. No.:
MDJ Name: Hon.
09-3-05
Nam MARTIM
Address: 507 Iff YORK ST
139CRANICSBUtf3, PA
Telephone: (717 ) 766-4575
17055
'
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
r1IALEEE, WILLIAK
170 BINDLE LLD
MCBANICSBURG,
L
DEFENDANT:
rN- YZRS, SUSAN
234 A N LOCUST
T
PA 17055
J
VS.
NAME and ADDRESS
ST
PA 17055
L
WILLIAM T. /fAL1[EE I170 BRXADLE RD Docket No.: LT-0000113-09
1 KZMCSBURQ, PA 17055 Date Filed: 3/13/09 Aft
THIS IS TO NOTIFY YOU THAT:
Judgment: !'OB PLAINTIFF
® Judgment was entered for: (Name) VZZJM, WILLIAM T
Judgment was entered against MYERS, BUS= Ina
® Landlord/Tenant action in the amount of $ 1,601-q5-on 3/24/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 201.00.
The total amount of the Security Deposit is $ 650.00
Total Amount Establishedd byY ?MV1pJ LLess • Security Deposit ApplieRent in Arrears $ 1, 501.00 - $ .09
Physical Damages Leasehold Property $ 000- $ .00"=
Damages/Unjust Detention $ _ oo -F _ 00-
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
LIT Judgment Amount
F Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
This case dismissed without prejudice.
Possession granted.
z Possession granted if money judgment
Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
jrn1out?t
Adjudicated5u u0
$ 1
.00
_00
$ _00
$ _00
$ 1,501_00
$ 100_05
$ _00
$ 1,601.05
0 Defendants are jointly and severally liable.
INAN 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. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON, PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
?<fNLtSS`THB'JUCIGMENT Is,ENTERED_IN TME`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 4, 4U , Magisterial District
ce I N al Is a rue an core- copy o the record o the a judgment.
Date , Magisterial District
Mil commission expires first Monday of January, 2012. SEAL
A OX 315A-08
REORDER ITEM N MLSN72
To Reorder,
pleas Cell ToR Free: 1-800-'550-0220
W.T. WALKER
ROOM ADDITIONS • KITCHEN • BATHROOM *ROOFING
170 BRINDLE ROAD • MECHANICSBURG, PENNSYLVANIA 17055 • (7171697-3292 - FAX (717) 697-3252
. DATE 410 X
TO -7_ CY d.,, ,
_ ' SUBJECT 6"(j(C T'7 a,-J
1 31. SS tZI lug
fjj
I .T• wtXJRV c?4n,?a., nrt?1 44 3A`1F:.p
2. L'? ,I. wa e*.- c?S rca ?+?+°"' ltawtec `? {24 2crs
V,w.n t?.? ?•?`?
?y?- ruWA
- (6G-7 ceu
FOLD AT (-)
D
REORDER ITEM M ML5N72
To Reonw.
pW,w Cal Toll Fow. 1400.558.=
W.T. WALKER
ROOM ADDITIONS *KITCHEN & BATHROOM - ROOFING
170 BRINDLE ROAD - MECHANICSBURG, PENNSYLVANIA 17055 - (717) 697-3292 - FAX (717) 697-3252
2-341W W Lm-sl- ST.
d`1c? cs'3u2Gi PA• (705T
TO
DATE '+-T f I-ml
SUBJECT EVICT1OtJ
A ?u U"eP-f 1'7 3 ( , 55 C,45 N. &?l 4--l-T
?,•k?W ,1O.w.K,.?..•`?,,•,,r,. ?.?y?y?,,,
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p,7?'.?e+?e??41A.? l1 - ^?a?L1Q_cniy
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s asn+, I-YeA51 Oa4
FOLD AT ( )
.THVF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of
PLAINTIFF: tuME anu ADOPOM
rug - ,? -?
?v 17VACT
Vs.
DEFENDANT: NAMEWW
Common Pleas Docket No.
SECTION 8 TENANTS SUPERSEDEAS AFFIDAVIT
FILED PURSUANT TO Pe.R.C.P.M.D.J. No.1008C(2)
A L.
In 170 S
I, V 044
Xf
nt name and address here),
have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of
real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my
monthly rent or the actual rent in arrears. My total household income does not exceed the income limits set
forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma
pauperis (IFP) affidavit to verify this. I have/hross out the one that does not apply) Paid the rent
this month.
The total amount of monthly rent that I personally pay to the landlord is $ oZa / . Irl hereby certify that
I am a participant in the Section 8 program and I am not subject to a final (i.e., non-appealable) decision of a
court or government agency which terminates my right to receive Section 8 assistance based on my failure
to comply with program rules.
I verify that the statements made in this affidavit are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. § 4904, relating to unswom falsification to authorities.
0 XS 1)am
ff) I4-?-
Date SIGNATURE OF TE ANT
EEXHIEBIT
AOPC 312.08 (A)
2'.*
it , J 1`J 1% Y 2 2 Y'.:. 6' 1 v
"? 4f. j I r'ti
L,i; .. ..?: j
t
WILLIAM T. WALKER and
NANCY A. WALKER,
husband and wife
Plaintiffs
V.
SUSAN MYERS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2009-2887
CIVIL ACTION - LAW
Defendant CIVIL TERM
TO: Susan Myers
234A West Locust Street
Mechanicsburg, PA 17055
DATE OF NOTICE: June 17, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
Lawyer Referral Service
Cumberland County
Cumberland County Bar Association
32 Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
By :
J I R B. IPP, ESQUIRE
Pa. I D. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Jennifer B. Hipp, Esquire, hereby certify that I am this day
serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the
following named individual this day by depositing same in the United
States Mail, by first class mail, at Shiremanstown, Pennsylvania,
addressed as follows:
Geoffrey M. Biringer, Esquire
MIDPENN LEGAL SERVICES
401 E. Louther Street
Suite 103
Carlisle, PA 17013
r.
Date: June 17, 2009 &-47, Il?t
Jenn' er B. Kipp, Esquire
OF TIFE
2M JUAN1 7 Hii OG: ??
"Ji
WILLIAM T. WALKER and
NANCY A. WALKER,
Husband and wife,
Plaintiffs
V.
SUSAN MYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2009-2887
CIVIL ACTION - LAW
: CIVIL TERM
To: Jennifer B. Hipp, Esquire (Attorney of Record for William T.Walker and
Nancy A. Walker)
You are hereby notified to file a written response to the enclosed Answer
to Plaintiff's Complaint with New Matter, and Counterclaim, within twenty (20)
days from service hereof or a judgment may be entered against you .
By:
eoffrey . Birin er, Esq.
MidPenn Legal Services
401 E.Louther Street
Carlisle, PA 17013
(717)243-9400
WILLIAM T. WALKER and : IN THE COURT OF COMMON PLEAS OF
NANCY A. WALKER, : CUMBERLAND COUNTY, PENNSYLVANIA
Husband and wife,
Plaintiffs
V. :
DOCKET NO. 2009-2887
CIVIL ACTION - LAW
SUSAN MYERS,
Defendant : CIVIL TERM
ANSWER, NEW MATTER, AND COUNTERCLAIM
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. The allegation is not relevant as Defendant's appeal is "de novo,"
as to the record.
8. Denied. Defendant is without information sufficient to form a belief as to
the truth of the averment and demands proof thereof at trial.
9. Denied. Defendant is without information sufficient to form a belief as to
the truth of the averment and demands proof thereof at trial.
10. Denied. Defendant is without information sufficient to form a belief as to
the truth of the averment and demands proof thereof at trial.
11. Denied. The allegation is a conclusion of law to which no response is
required.
12. Admitted.
13. Denied. Defendant is without information sufficient to form a belief as to
the truth of the averment and demands proof thereof at trial.
14. Admitted.
15. Admitted
16. Denied. Upon receipt of the cash previously tendered, Plaintiff demanded
that Defendant leave within three days.
17. Admitted, if Defendant agreed to leave in three days.
18. Admitted.
19. Admitted.
20. Admitted, but Plaintiff reneged on his agreement and demanded that
Defendant leave within three days, or by April 20.
21. Admitted.
22. Denied. The allegation is not relevant as Defendant's appeal is "de novo,"
as to the record.
23. Admitted.
24. Admitted.
25. Admitted.
26. Admitted.
27. Denied. Defendant had Plaintiff's permission to install new carpet.
28. Denied. No damage was done to the carpet.
29. Denied. Defendant is without information sufficient to form a belief as to
the truth of the averment and demands proof thereof at trial.
30. Denied. Defendant did no damage to the unit by installation of carpet
approved by the Plaintiff.
31. Denied. Defendant made her May payment directly to the Plaintiff.
32. Admitted.
33. Admitted.
34. Admitted.
35. Admitted,
36. Denied. Defendant paid her portion of May rent directly to the Plaintiff.
Count I - BREACH OF CONTRACT
37. No response required.
38. Admitted.
39. Denied. Defendant paid her rent on time, did not damage the unit in any
way, and kept the premises in a clean and sanitary condition, even cleaner
and more sanitary then when she assumed occupancy.
40. Denied. Plaintiff's requests are not proper and Defendant's account is
current.
WHEREFORE, Defendant prays that Plaintiff's Complaint be
dismissed and judgment entered for Defendant.
Count H - QUANTUM MERUITAMPLIED CONTRACT
42. No response required.
43. Admitted.
44. Denied. Defendant is current with her rent , did not damage the unit in
any way, and left it in better shape than when she found it.
45. Denied. Defendant is current in all respects.
46. Admitted, but denied that any monies are due.
WHEREFORE, Defendant prays that Plaintiff's Complaint be
dismissed and judgment entered for Defendant.
COUNT No. 3 - UNJUST ENRICHMENT
47. No response required.
48. Denied. The said unit was dirty throughout when leased, with the rug
thinning and with holes in spots that looked like burn holes.
49. Denied. As previously stated, Defendant is current in her rent, caused no
damage to the unit, and left the apartment in a cleaner and more sanitary
condition than when she first occupied it.
WHEREFORE, Defendant prays that Plaintiff's Complaint be
dismissed and judgment entered for Defendant.
NEW MATTER
50. Page 5, Paragraph 12 of Plaintiff's Lease with Defendant contains a
confession of judgment clause.
COUNTERCLAIM-UNFAIR/DECEPTIVE TRADE PRACTICES
51. Paragraphs 1-50 are incorporated herein by reference hereto.
52. Plaintiff's Lease with Defendant was a consumer transaction.
53. Said clause waives the Defendant's right to assert a defense to Plaintiff's
causes of action for money.
54. Said clause violates Pennsylvania's Unfair and Deceptive Trade Practices
Act at 73 P.S. §201-2(xviii).
WHEREFORE, Defendant demands judgment in her favor and
against Plaintiff in the amount of One Hundred Dollars ($100).
Date: June 26, 2009 MIDPENN LEGAL SERVICES
/?Z. •k
BY:
Geoffrey M. Biri nger
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Attorney for Defendant
VERIFICATION
I, SUSAN MYERS, make this verification that the facts set forth in the
foregoing Answer, New Matter, and Counterclaims are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.4904 relating to unswom
falsification to authorities.
Date: June`L6F,t-29009
i 6I 41
Susan Myers
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a member in good standing of the Bar of
Pennsylvania, hereby certify that I served a true and correct copy of the foregoing
Defendant's Answer, New Matter and Counterclaim on this 26th day of June, 2009, by
placing same in the United States mail, first class, postage prepaid, addressed as follows:
Jennifer B. Hipp, Esquire
One West Main Street
Shiremanstown, PA 17011
Bj, o
Geoffrey M. Biringer
Attorney for the Defendant
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
ALED-GF'HOI
OF THE
21009 JUN 26 PH 2: '4 "1
CLue'' r , `qu;lyp ,NFy
WILLIAM T. WALKER and
NANCY A. WALKER,
husband and wife
Plaintiffs
V.
SUSAN MYERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2009-2887
CIVIL ACTION - LAW
CIVIL TERM
ANSWER TO NEW MATTER AND COUNTERCLAIM
William T. Walker and Nancy A. Walker, husband and wife, by
and through their attorney, Jennifer B. Hipp, Esquire,
respectfully file this Answer to New Matter and Counterclaim as
follows:
1. Answer to New Matter Paragraph No. 50 is denied. The
statement set forth in Defendant's Paragraph No. 50 was a
conclusion of Law to which no response is required.
2. Answer to Counterclaim Paragraph No. 51 no response
required.
3. Answer to Counterclaim Paragraph No. 52 is denied. The
statement set forth in Defendant's Paragraph No. 52 was a
conclusion of Law to which no response is required.
4. Answer to Counterclaim Paragraph No. 53 is denied. The
statement set forth in Defendant's Paragraph No. 53 was a
conclusion of Law to which no response is required.
5. Answer to Counterclaim Paragraph No. 54 is denied. The
statement set forth in Defendant's Paragraph No. 54 was a
conclusion of Law to which no response is required.
WHEREFORE, Plaintiffs, William T. Walker and Nancy A.
Walker, demand judgment against Defendant, Susan Myers, in the
amount of $1,901.00, plus interest, together with the cost of
this action, attorney's fees and any other relief deemed just and
appropriate.
Date:1 J U 1 By: C4I=:;;?> 1er B. Hipp, Esquire
Pa. I.D. No. 86556
Bogar and Hipp Law Offices
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiffs,
William T. Walker and
Nancy A. Walker
JUWJU-UU .I Ut U4 ; ,Jb I'll P HA NU, V. I b
VERIFICATION
I verify that the statements made in this Answer to New
Matter and Counterclaim are true and correct. Y understand that
unsworn statements herein are made subject to the penalties of
18. Pa. C.S.A. § 4904, relating to unsworn falsification to
authorities.
Date: 4-) I ) C) 9
/ W ? 4/3o za,q
----
Willi-* T. Wall4e?r
Nancy A.AWlker
ACA,
WILLIAM T. WALKER and
NANCY A. WALKER,
husband and wife
Plaintiffs
V.
SUSAN MYERS
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2009-2887
CIVIL ACTION - LAW
CIVIL TERM
CERTIFICATE OF SERVICE
I, Jennifer B. Hipp, Esquire, hereby certify that I am this
day serving the foregoing Answer to New Matter and Counterclaim
as required by Pa. R.C.P. 237.1 upon the following named
individual this day by depositing same in the United States Mail,
at Shiremanstown, Pennsylvania, addressed as follows:
Geoffrey M. Biringer, Esquire
MIDPENN LEGAL SERVICES
401 E. Louther Street
Suite 103
Carlisle, PA 17013
Date: 74- J) ) d t
?,
Jennifer B. Hipp, Esquire
PLE"i
OF THE F- `?. -,:,, , x
?Y
2009..aUl -I AN dc: 57
WILLIAM T. WALKER and,
NANCY A. WALKER,
husband and wife
Plaintiffs
VS.
SUSAN MYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2009-2887
CIVIL ACTION - LAW
IN CIVIL TERM
PRAECIPE FOR TERMINATION OF SUPERSEDERS
To: CURTIS R. LONG, Prothonotary
One Courthouse Square, Suite 100
Carlisle, Pennsylvania 17013
Please terminate the Supersedeas in the within action for failure
of Appellant, Susan Myers, to pay monthly rental as required by Pa.
R.C.P.M.D.J. No. 1008 when it became due. Appellant Myers has not
remitted any rent payments to Landlord since February 3, 2009. On her
Section 8 Tenant's Supersedeas Affidavit filed Pursuant to
Pa.R.C.P.M.D.J. No. 1008C(2), Appellant Myers set forth that she paid
her portion of rent due and owing by May 1, 2009. Appellant Myers has
failed to remit any monthly payments. A copy of the May 15, 2009
correspondence of Sandy Smith, Housing Representative,
WILLIAM T. WALKER and
NANCY A. WALKER,
husband and wife
Plaintiffs
V.
SUSAN MYERS
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2009-2887
: CIVIL ACTION - LAW
: CIVIL TERM
CERTIFICATE OF SERVICE
I, Jennifer B. Hipp, Esquire, hereby certify that I am this day
serving the foregoing COMPLAINT as required by Pa. R.C.P. 237.1 upon
the following named individual this day by depositing same in the
United States Mail, Certified Mail, Return Receipt Requested, at
Shiremanstown, Pennsylvania, addressed as follows:
Geoffrey M. Biringer, Esquire
MIDPENN LEGAL SERVICES
401 E. Louther Street
Suite 103
Carlisle, PA 17013
Date
(0 01 9P
Jenni e B. Hipp, Esquire
CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP
Redevelopment Authority of
the County of Cumberland
(717) 249-0789 or 1-866-683-5907
FAX: (717) 2494071
May 15, 2009
Susan Myers
234 A West Locust Street
Mechanicsburg, PA 17055
Dear Ms. Myers:
Housing Authority of
the County of Cumberland
(717) 249.1315 or 1.866.683-5907
FAX: (717) 249-5988
02 1R 00 o
0004331499 MAY 15 2%9
MAiLEO FRom ZIF CODE 17 0'13
Please be advised that I received notification from William Walker, your landlord,
that you are behind in the rent and late fees. In addition, i have received information that
your boyfriend is living in your unit. This will be investigated. As you are aware, the
only individuals permitted to reside in your unit are those listed on your lease. An
individual not listed on the lease residing in your unit is a violation of your lease and
family obligations and is a cause for termination from the rental assistance program.
Failure of the family to fulfill its obligations under the lease with the owner will
be a basis for termination of Rental Assistance under the program, and may be a basis for
denying the family the right to participate in the program in the future. Therefore, if all
payments are not paid to Mr. Walker and full eviction were to occur, you would never be
able to participate in the Rental Assistance Program.
Should you have any questions, do not hesitate to call me.
Respectfully,
THE HOUSING AUTHORITY OF
THE COUNTY OF CUMBERLAND
andy itith
Housing Representative
cc: William Walker, Landlord
EXHIBIT
J
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BETTER PLACES, BETTER LIVES... THROUGH INNOVATION AND DEDICATION
114 N. HANOVER $T_ STE 104 • CARLISLE, PA 17413.2445
EMAIL: ADMiNOCCHRA.COM
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L00/L0018 1SN03 83AIVM 1 A Z9ZEZ69ZL1 XV3 SZ:LO 6002/8L/90
CUMBERLAND/PERKY HOUSING AND COMMUNITY PARTNERSHIP
F1 Redevelopment Authority of
the County of Cumberland
(717) 249-0789 or 1.866-683-5907
FAX: (717) 249.4071
Housing Authority of
the County of Cumberland
(717) 249-1315 or 1-866-683-5907
FAX: (717) 249-5988
July 1, 2009
Susan Myers
234 A West Locust Street
Mechanicsburg, PA 17055
Dear Ms. Myers,
It is a privilege for a family to participate in the Rental Assistance Program and it should
be treated respectfully. When the family signs the Housing Assistance forms, they agree to
perform all its obligations under the Section 8 Housing Assistance Program.
Failure of the family to fulfill its obligations under the lease with the owner will be a
basis for termination of Rental Assistance under the program, and may be a basis for denying the
family the right to participate in the program in the future. You have broken your family
obligations as indicated below. Therefore, your rental assistance and the landlord's Housing
Assistance Payments Contract will be terminated effective July 31, 2009. Because of these
violations, you will not be permitted to reapply for the program until August 2015 and any
restitution to your landlord.
Having an individual (Bud Howser) living in the unit that is not on the lease. Also, it has
been reported that you have several months of unpaid rent and late fees.
You have the right to appeal this decision. We must receive your written request for an
appeal by 4:00 p.m. on July 9, 2009 at the address below. You may fax your appeal letter to us at
our fax number 249-5988. However, you must call to confirm that we have received your fax. If
you have any questions, please call our office. If you or anyone in your family is a person with
disabilities and you require a specific accommodation in order to fully utilize our programs and
services or if you feel that you have protections under the Violence Against Women Act of 2005,
please contact our office Monday through Friday, between 8:30 a.m. and 4:00 p.m. at the phone
numbers below.
Respectfully,
THE HOUSING AUTHORITY OF
THE COUNTY OF CUMBERLAND
Sandy S It
Housing Representative
?cc: William Walker, Landlord
BETTER PLACES, BETTER LIVES... THROUGH INNOVATION AND DEDICATION
114 N. HANOVER ST.-STE 104 • CARLISLE, PA 17013-2445
WWW.CCHRA.COM
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