HomeMy WebLinkAbout00-05084LAW OFFICES
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FRANKEBERGER PLACE
219 EAST MAIN STREET
P.O. BOX 230 ,
MECHANICSBURG, PENNSYLVANIA 17055
717 691-7770
FAX 691-7772
January 30, 2001
Richard J. Pierce, Court Administrator
Office of the Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: Chrencik vs. Russell
No. 00-5084 Civil Term
Dear Richard:
On November 30, 2000, Judge Hoffer appointed me to chair a
panel of arbitrators in the above matter.
An Arbitration Hearing was scheduled for February 13, 2001,
and I enclose a copy of the Notice of such Hearing for your
information.
I am now informed by counsel that this matter has been
resolved and settled and an appropriate Praecipe to Settle and
Discontinue has been filed with the Prothonotary. Accordingly,
we have cancelled the Arbitration Hearing.
I am returning the file to the Prothonotary's office.
Please ask Judge Hoffer to issue an order vacating the
appointment of the panel of arbitrators and directing payment to
me of the sum of $50.00.
Thank you for your cooperation and assistance.
Very truly yours,
Marlin R. McCaleb
MRMfeaj
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID RUSSELL,
Defendant
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 - CIVIL TERM
CIVIL ACTION - LAW
NOTICE OF HEARING BY BOARD OF ARBITRATORS
You are hereby notified that the undersigned Board of
Arbitrators, appointed by the Court in the above-captioned
','
case, will sit for the purpose of their appointment in
Cumberland County in the Law Offices of Marlin R.'McCaleb, at
219 East Main Street, Mechanicsburg, Pennsylvania, on Tuesday,
February 13, 2001, at 9:30 o'clock A.M., at which time and
place you may appear with your respective clients and your
witnesses to present such evidence and testimony as you may
have in the case.
Scott W. Pohlman, Esquire
Douglas M. Wolfberg, Esquire
By: Marlin R. McCaleb, Chairman
Board of Arbitrators
January 3, 2001
TO: Craig A. Diehl, Esquire
Law Offices of Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011
Attorney for Plaintiffs
Stephen J. Dzuranin, Esquire
Wix, Wenger & Weidner, P.C.
508 North Second Street
LAW OFrtIES P.O. Box 845
MARLIN R. MCCALEB Harrisburg, PA 17108-0845
Attorney for Defendant
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID RUSSELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 CIVIL AR
RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Craig A. Diehl counsel for the plaintiffshieAmdarrtin the above action (or actions),
respectfully represents that:
The above-captioned action (or actions) is (are) at issue.
2.
The claim of the plaintiff in the action is)$approximately 51500.00 plus possession of property.
The counterclaim of the defendant in the action is amount under $25,000.00 plus attorney fees,
costs, treble damages.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Craig A. Diehl and Stephen J. Dzuranin
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully submitted,
ORDER OF COURT
AND NO in constleration of the foregoing petittiion, G% CJ L4 &hY2- Esq., ?L?CJ
Esq., and On!u , Esq., are appointed arbitrators in the above captioned action (or
actions) as prayed 16r. 61
Craig A. Diehl, Esq.
3464 Trindle Road
Camp Hill, PA 17011
Stephen J. Dzuranin, Esq.
P.O. Box 845
Harrisburg, PA 17108-0845
By the Court
,
P.J.
Or ,H FILM-ORICE
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COMMOAINEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
QOUNTY
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
DAVID RUSSELL
1990 MARKET STREET, 2ND ET4X1R
ate aF J?oc Mervr . ree CAes ov (11-
7/1
CLAIM
RKE19 A AND PAUL csmwrrR
19
L T
LT 19 244-00
This block will be signed ONLY when this notation is requi
R.C,P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice,
a SUPERSEDEAS to tbg judgment for pesgess; rQn in this case.
or
...I. n0. OF RAMC .P O.J.
D.J_ LOBED' V_ MADII,011E
NOTICE OF APPEAL
DAVID RUSSELL
LtTI$ /j& , f
Ifllappe(llaht was Claimant (see Pa. R.C.P.J.P.
operate as N6. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after 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) inaction before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon REBHOCA AND PAUL CHRENCIK , appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. 64-- S'C9pq ?i uI'??EQ ithin twenty (20) days after service of rule or suffer entry of judgment of non pros.
REBECCA AND ,r' ture of appellant or his attorney or agent
RULE: To PAUL C appellee(s) A nature
of appellee(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 WI LL BE ENTERED AGAINST YOU.
(3) The date. of service of this rule if service was by mail is the date of maili
Date:Is-_..ZonUv
CAMP HILL, PA 17011
AOPC 312-90 COuPas _ r_lL-c ? _ __ a i7 SE _ _rv_ ,,___
'c`D Wa7in artiU i Iwl4u?-iA?tS°
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 PENNSYLVANIA
COUNTY
AFFIDAVIT
ss
I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) ., 19-, ? by personal service ? by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
190 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on , 19, ? ..by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto. - -
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 19-. ,. -
Signature of affiant
Signature of official before whom affidavit was made
Title of official
My commission expires
19-.
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COMMONWEALTH OF PENNSYLVANIA
ROI INTY nF• CUMBERLAND
N-o
09-1-02
DJ Name: Hon.
ROBERT V. MANLOVE
Address; 1901 STATE STREET
CAMP HILL, PA
Telephone: (717) 761-0583 17011-0000
ATTORNEY DEF PRIVATE :
STEPHEN J. DZURANIN, ESQ.
508 N 2ND ST
PO BOX 845
HARRISBURG, PA 17108-0845
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE'
PLAINTIFF:
NAME and ADDRESS -
'CHRENCIK, REBECCA
ET AL.'
,
1940 MARKET ST
1ST FLOOR
LCAMP HILL, PA 17011 J
vs.
DEFENDANT: NAME and ADDRESS
'RUSSELL
DAVID
,
1940 MARKET ST
2ND FLOOR REAR
LCAMP HILL, PA 17011 J
DocketNo.: LT-0000244 00
Date Filed: 7/03/00
TF kS IS TO NOT`fFY YOU THAT:
Judgment: FOR PLAINTIFF
FX] Judgment was entered for: (Name) CHRENCIK, REBECCA ET AL.
Judgment was entered against RUSSELL, DAVID in a
Landlord/Tenant action in the amount of $ 1,182.15 on 7/13/00 (Date of Judgment)
The amount of rent per month, as establis hed by the District Justice, is $ 440.00.
The total amount of the Security Deposit is $ 440.00
Total Amount Establish id bb DJ LLess • Security Deposit Ap lid
?
1b9
00 -
R
i
A
_ = Adjudica ed qq ount
?
10
00
n
ent
rrears $ ,
.
$ ,
.
$
Physical Damages Leasehold Property $ .00 - .00 = $ .00
Damages/Unjust Detention $ 00 - ? -00 - $ _no
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
UT Judgment Amount $ 1
109.00
? Attachment Prohibited/ Judgment Costs ,
$ 73
15
Victim of Abuse (Act 5, 1996) Attorney Fees -
$ -00
? This case dismissed without prejudice. Total Judgment $ 1,182.15
?X Possession granted.
? Possession granted if money judgment is no sa Isle by
? Possession not granted.
? Levy is stayed for days or ? generally stayed.
? Objection to Levy has been filed, and hearing will be held:
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
Time:
N AN
A RESIDENTIAL LEASE. ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSIC
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONO
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DA, E THE PEAL IS F
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDG ENT I OLVING A
30 DAYS AFTER THE DATE OF ENTRY.-OP'0UDGAENT IN WHICH J'Qf7=1LEy NOT. -E OF APPEAL
COURTS OF THE COURT OF COMMON P,L?EA CIVIL IS ION' f^ - ,?°? '
THE. PARTY FILING AN APPEAL°Nf )NCL, E A ?O fiyANO OF}sJU?t?GMENTITRA"
jjjjf
Date ?,` 1;r'` ;"Fr
My commission expires
Anan ar eA.44
Monday of JanGary, 2006
N WITHIN
OF THE MONEY JUDGMENT, IF ANY. IN
RES)DENTIAL-LEA$E,, THE PARTY HAS
THE PROTHONOTARY/CLERK OF COURTS
TARY/CLERK,OF COURTS THE LESSER OF
ILE,D.
YWH THE PROTHON, OTARY/CLERK OF
iPT FORM WITH TNOTICE OF APPEAL.
, District Jus
REBECCA AND PAUL CHRENCIK
Plaintiff
V.
DAVID RUSSELL,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
Kindly file the attached Domestic Return Receipt cards as:
1. Supplemental proof of service of the Notice of Appeal and Rule to File
Complaint on Plaintiffs, Rebecca and Paul Chrencik; and
2. Supplemental proof of service of the Notice of Appeal on District Justice
Robert V. Manlove.
Respectfully Submitted,
WIX, WYNGER & WEIDNER, P.C.
J.
Date: ? 1d- s/bL
'150t1KNorth Sekond Vreet
t,' Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Defendant
F:\sjd\7629 Russell, David H\70855.1 D.J. Appeal\Documents\SUPPLEMENTAL PROOF OF SERVICE OF NOTICE OF
APPEAL.doc
.a SENDER: I also wish to receive the follow-
a complete items 1 andor2 for additional services. ing services (for an extra fee):
a, Complete items 3,4a, and 4b.
® Pont your name and address on the reverse of flus form so that we can return this
cardto you. 1. 0 Addressee's Address
-- 0 II Attach this form to the front ofths mailpiece, or on the back if space does not
m permit. 2. 11 Restricted Delivery
tE ?Write•Retum Receipt Requested' on the Tailpiece below the article number.
? The Return Receipt will show to wham the article was delivered and the date
t a delivered.
Z Article Addressed to: 4a. Article Number
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5. Sig ur Addressee Age t)
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. UU - S,
NOTICE OF APPEAL
L? (
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
. R08M V. !l ALOVE
1'W M=r . M MAOR REAR, CW 8I6,L., FA 17011
.AT. OF J VOOMEXT TXE GgEE OF PIarn trill (Oe(entlanll
1/13/00 - R A PA[& C NCIA ! 7 s, D &V= RUS ,c.
XO.
Y? LAf
CV 19
LT 19 244-OD mo ??
This block will be signed ONLY when this notation is require 'urjx'der,/Pa.
R.C.P.J.P. No. 10088. ?fz
This Notice of Appeal', when received by the District Justice, will operate as
a SUPERSEDEASto' 14 .
judfJmerrt for PesFSesrvonin?this case. .,`
of.Prothonotary or
AOENT
was Claimant (see Pa. R.C.P.J.P
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within' twenty (20)
days after filing his NOTICE of APPEAL.
'PRAECIOE 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'fttom copyof notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule
_ appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. UO-/ e Ua !b/1-ithin twenty (20) days after servic of rule or suffer entry of judgment of non pros.
W of.appellant or his attorney or agent
RULE: To R[ AND ?' - CHREN , appellee(s)
Name of appellee(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 fi{e a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED
r?
(3) The date of-service of this rule if service was by mail is the date of mailing.
Date:, f9CaUC,:) r..,?
AO PC 312-90
of Prothonotary or
l+-lu..s ati-'J- F1iG
wwmomkmmkom
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan
mas adelante en Ins siguientes paginas, debe tomar accion dentro de Ins proximos veinte (20) dias despues de la
notificacion de esta Demanda y Aviso radicando personalmente o por medio de on abogado una comparecencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra soya. Se
le advierte de quo si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un
fallo pox cualquier suma de dinero rectamada en la demanda o cualquier mra reclamacion o remedio solicitado por el
demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad
u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA
AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
COMPLAINT
1. The Plaintiffs are Paul K. Chrencik and Rebecca S. Chrencik, husband and wife,
residing at 362 North 29th Street, Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant is David Russell, an adult individual, residing at 1940 Market
Street, 2nd Floor Rear, Camp Hill, Cumberland County, Pennsylvania.
3. A written lease with rules and regulations was executed by Defendant and R & S
Investments on October 27, 1999. A true and correct copy is attached hereto as Exhibit "A".
4. Plaintiffs became landlord pursuant to an assignment of lease when they purchased
the property situate at 1940 Market Street, Camp Hill, Pennsylvania, on June 1, 2000.
5. The Defendant has breached the lease in the following ways:
A. Failure to pay rent timely;
B. Failure to pay additional rent for animals living there; and
C. Operating a commercial activity from a residential unit.
6. A Notice to Quit was posted on Defendant's front door of his apartment on June
16, 2000.
1
7. A civil suit was filed on July 3, 2000, and a hearing held on July 13, 2000 resulted
in possession and judgment being entered in favor of Plaintiffs for $1182.15.
8. Defendant filed a timely appeal on July 20, 2000.
9. Defendant has continued to breach the residential lease by not paying the proper
rent and operating his business from the residential apartment.
10. The written lease entitles Plaintiffs to 10% attorney commissions.
WHEREFORE, Plaintiffs respectfully request judgment to be entered in their favor and
against Defendant for delinquent and current rents, late fees, attorney fees, and costs incurred.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Dated: Ja/Y ?g i?000
By: L
Craig Diehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Counsel for Plaintiffs
2
THIS LEASE WILL EXPIRE: November 30, 2000
APARTMENT LEASE AGREEMENT
This agreement, made and entered into this 27 day of October. 1999 by and between Dave Russell
(hereinafter called the Tenant) R & S Investments (hereinafter called the Landlord):
WITNESSETH:
WHEREAS, the parties hereby intending to be legally bound, do enter into this Apartment Lease
Agreement subject to and made upon the following convenants, terms and conditions:
1. PREMISES: The Landlord hereby lease to the Tenant, and the Tenant, jointly and severally if
more than one, leases from Landlord the apartment or suite of rooms, known and numbered as
1940 Market Street 2"d Floor Rear. Camp Hill. PA 17011.
2. TERM: The term of the lease shall consist of an initial ONE (1) YEAR term beginning on the
15 day of November. 1999 and ending 30 day of November. 2000 any further terms commencing on the
expiration of the initial ONE (1) YEAR term and continuing on a month to month basis thereafter.
3. RENT: Tenant agrees to pay the Landlord the monthly rent of $ 440.00 on the first day of
each month in advance at 308 East Penn Drive, Enola, PA 17025 or such place as the Landlord
may from time to time request. Tenant further agrees to pay a late charge of $3.00dollars per day on
late rental payment, beginning on the 3rd day of each month. Demand for said rent on the demised
premises being waved.
4. TERMINATION OF LEASE: Landlord may terminate this without cause by giving thirty (30) days
written notice to Tenant, but no termination by Landlord without cause may take effect during the initial
One (1) Year term. After the expiration of the initial One (1) Year term, the Tenant may terminate this
lease without cause only by giving written notice to the Landlord at least one (1) full calendar month in
advance of the date on which Tenant wishes to terminate, which date must be the last day of a calendar
month, all rent due to the termination date.
5. RENT INCREASE: After the initial One (1) Year term, the Landlord may increase the monthly rent
by giving written notice to the Tenant at least thirty (30) days in advance of the first day of the month in
which the increase in rent is effective. The rent increase will take effect unless Tenant shall terminate the
lease as provided in paragraph 4 hereof witlun thirty (30) days after notice of a rent increase is given by
the Landlord.
J
6. USE OF APARTMENT: Tenant agrees to use the apartment only as the personal residence of
i9
Tenant and their children and not to assign this lease or sublet the apartment. Resident tenant agrees not
to do or to permit any act or practice injurious to the building, which may be disturbing to other residents,
which may affect the insurance on the building, or which is contrary to any law. Tenant is responsible
for children's debris outside apartment, i.e. papers, trash, etc.
7. UTILITIES:. Tenant will pay for telephone service and cable service in Tenant's apartment. Also gas
where applicable. Tenant agrees that Landlord may temporarily suspend any utility service in the event of
accident or to permit repairs or alterations. Landlord shall not be liable for failure to supply heat, air
conditioning, hot water or other services or utilities when such failures shall be beyond Landlord's
control.
8. CARE OF APARTMENT: Tenant agrees to use due care in the use of the apartment, the appliances
therein, and all other parts of Landlord's property, give notice to Landlord of the need for repair thereof,
and to pay for all repairs to the apartment, its contents, and to all other parts of Landlord's property which
are necessitated by any act or lack of care on the part of Tenant, members of Tenant's family, or his
visitors. Landlord will make necessary repairs to the apartment and the appliances therein within a
reasonable time after tenant notifies Landlord of the need for repairs. Tenant will leave stove,
refrigerator, etc. clean when vacating.
9. DAMAGE BY FIRE: If the apartment is damaged by fire or other casusalty, Landlord shall repair it
within a reasonable time and rent shall continue unless the casusalty renders the apartment untenantable,
in which case this lease shall terminate and Tenant, upon payment of all rent to the date the apartment is
surrendered, shall not be liable for any further rent.
10. RIGHT OF ENTRY: Landlord or any person authorized by him has the right to enter the apartment
at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and, after proper
notice is given, to show the apartment to propesctive tenants, and/o1 I .SECURITY DEPOSIT: Tenant agrees to pay security deposupon the execution of this lease. The security deposit shall be held s security for the
payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this
lease, and against any damages caused to the apartment or any other part of the Landlord's property by
Tenant, his family and guest. Tenant understands and agrees that the security deposit may not be applied
as rent or against any other amount due from Tenant to Landlord without Landlord's written consent and
that the monthly rent will be paid each month, including the last month of the lease term. Within thirty
(30) days following termination of this lease, Landlord shall return the security deposit, less any
deductions from it on account of amounts owed by Tenant to Landlord, to Tenant by check payable to all
persons signing this lease mailed to a forwarding address which must be furnished by Tenant in writing.
r
12. LANDLORD'S REMEDIES: If tenant is not given substantial possession of the premises at the
beginning of the term of the lease, this shall not be a basis for damages, nor shall it affect the validity and
other terms of the lease, except that the lessor shall waive rentals until lessor can give substantial
possessions of the premises.
13. 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 part and in favor of the said
party of the first part or his heirs, executors, administrators and assigns for the whole amount of said
rent as hereinbefore set forth and 10% attorney's commissions.
14. RULES AND REGULATIONS: Tenant agrees that he, his family, and guests will comply with. the
rules and regulations pertaining to occupancy of the apartment which are attached hereto and made part
of this lease.
15. SUBORDINATION: This lease is subject and subordinated to the lien of all mortgages now or a
any time hereafter place upon any part of Landlord's property which includes the apartment, to extensions
or renewals thereof, and to all advances now or hereafter made on the security hereof. Tenant agrees,
upon request, to execute such further instrument evidencing such subordination as Landlord may request,
and if Tenant fails to do so, Landlord is empowered to do so in the name of Tenant.
16. Permission is granted the Tenant to move out early and sever this Lease with the following provisions:
A. At lease thirty (30) days written notice to Landlord.
B. All rents current to end of month.
C. Payment in advance at time of written notice equal to two (2) months rent as liquidated
damages.
16.-A Tenant can sever this lease with no penalty if they purchase a home thru Rothman Schubert and
Reed Realtors.
The Landlord has the right to declare the within described lease null and void and to immediately
terminate all rights of the Lessee thereunder if Lessee shall cause such conduct of any nature whatsoever
as to become a nuisance to the other tenants thereby affecting the harmonious atmosphere of the
neighborhood. Lessee further waives any and all notice of said termination and shall vacate said premises
immediately.
17. Acceptance by the party of the first part of any of the said rent at any time after the same shall become
due, after default has been made in the payment thereof. Or any failure to enforce the rights herein
reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein 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 as a
waiver of the right to the first part, and al forfeitures, penalties and conditions may be enforced
together or successively at the option of the party of the first part.
13. NSF CHECKS: Any checks returned to the office market "INSUFFICIENT FUNDS"will be
subject to a $20.00 Fee (plus any bank service charge which may occur.)
THIS LEASE CAN BE BROKEN WITHOUT NOTICE IF THE TENANT PURCHASES A HOME
FROM ROTHMAN, SCHUBERT & REED, REALTORS.
IN WITNESS WHEREOF, the parties hereby have set their hands and seals the day and year first above
TENANT/GUARANTOR
TENANT
u
Whua
LANDLO
$100.00 security deposit from Russell, Russell & Associates, Inc. is to be applied toward the security
due on 1940 Market Street 2'd Floor Rear.
Initial
GUARANTY
I (We) do hereby to be responsible to the Landlord for the true and faithful performance of the above
apartment lease agreement on the part of the above named Tenant or Tenants, and we hereby guarantee
any and all sums due to Landlord thereunder. This guaranty agreement shall remain in effect throughout
the entire term of the lease, notwithstanding any increase in rent or renewal thereof.
WITNESSES:
GUARANTOR
GUARANTOR
DATED
RULES AND REGULATIONS
1. Tenant, his family and his guests shall not at any time make noise, or do anything or conduct
themselves in any way which disturbs any other resident or interferes with the rights, comfort or
convenience of any other resident. Musical or sound reproducing instruments or singing within the
apartment shall inaudible outside the apartment between 11:00 p.m. each night and 8:00 a.m. the
following morning.
2. o pe " f any kind shall be brought or kept in the apartment or elsewhere on Landlord's property
unless Landlord shall consent to the keeping of the pet. If any peps-kept by Tenant without Landlord's
agreement, Tenant shall pay as additional monthly rent the sum 100.00 er month.
3. In the event additional persons shall live with Tenant in the apartment, a cost of $50.00 per month for
each such additional person shall be paid by Tenant.
4. Hallways, walkways, stairs, storage areas, landings and entryways shall be used only for access to and
from the apartment, shall not be used for children's play area, and shall be kept clear of bicycles, waste
receptacles, toys and other articles at all times.
5. Watering of lawns or car washing by using facilities of the apartment is prohibited.
6. All trash and rubbish is to be placed in plastic bags inside containers provided by Landlord. All debris,
rubbish and trash must be placed in proper containers.
7. Tenant shall keep the apartment in good and sanitary condition.
8. Tenant shall not change locks or install additional locks, without the written consent of Landlord.
9. Tenant is not permitted to use any kerosene or space heaters in the apartment.
10. Tenant agrees that Landlord may change these regulations as required to protect the apartment of
Landlord's other property, or add to the conveniences of other occupants of the apartment complex.
These regulations are made a part of this lease agreement and failure to comply with same shall be caused
for termination by Landlord.
11. Tenant is not permitted to use waterbeds without special insurance policy with a copy to the landlord.
12. Landlord assumes no responsibility for Tenant's property or liability. Landlord suggests tenant
obtains a "Tenant Homeowner's" Policy for Tenant's protection.
Signed this of
19
J TENANT. TENANT
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs .
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
VERIFICATION
WE, PAUL K. CHRENCIK and REBECCA S. CHRENCIK, VERIFY that the
statements set forth in the foregoing COMPLAINT are true and correct to the best of our
knowledge, information and belief. We understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities.
Dated: 7- 28-00
Dated: - 7 -a-$' ,550
Paul K. Chrencik
i
Re cca S. Chrencik
a
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID RUSSELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 CIVIL TERM
CIVIL ACTION - LAW
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I, Stephen J. Dzuranin, Esquire, on behalf of Defendant, hereby accept service of the
Complaint filed in the above-captioned matter and enter my appearance.
WIX, )FENGER & WEIDNER
Date: k h A
e en J. D squire
Att rney ID L4 1
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
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PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL, .
Defendant CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 8th day of September, 2000, the undersigned hereby certifies that a true
and correct copy of the foregoing ACCEPTANCE OF SERVICE AND ENTRY OF
APPEARANCE was served upon the opposing party by way of United States first class mail,
postage prepaid, addressed as follows:
Stephen J. Dzuranin, Esquire
WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
LAW OFFICES OF CRAIG A. DIEHL
By
Helen . Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS OF
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 00-5084 CIVIL TERM
DAVID H. RUSSELL,
Defendant CIVIL ACTION - LAW
ORDER
AND now, this day of , 2000, Defendant's Preliminary
Objections are hereby SUSTAINED, and it is hereby ORDERED that Plaintiffs should
file an Amended Complaint in compliance with Pa.R.C.P. 1019(h) within twenty (20)
days from the date of service of this Order.
BY THE COURT:
J.
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS OF
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 00-5084 CIVIL TERM
DAVID H. RUSSELL,
Defendant CIVIL ACTION -LAW
PRELIMINARY OBJECTIONS
AND now comes the Defendant, David H. Russell, by and through his attorneys,
Wix, Wenger & Weidner and files the following Preliminary Objections to the Plaintiffs'
Complaint:
Preliminary Objection For Insufficient Specificity of Complaint.
Paragraph 4 of the Plaintiffs' Complaint alleges as follows:
Plaintiffs became landlord pursuant to an Assignment of Lease when they
purchased the property situate at 1940 Market Street, 2nd Floor Rear,
Camp Hill, Pennsylvania, on June 1, 2000.
2. Paragraph 4 of the Plaintiffs' Complaint fails to aver whether the
Assignment of Lease was written or oral.
3. The aforementioned paragraph of Plaintiffs' Complaint fails to set forth
facts with sufficient specificity to apprise the Defendant of the validity of the rights
claimed under the alleged assignment.
WHEREFORE, Defendant, David H. Russell, respectfully requests this Honorable
Court Order the Plaintiffs to more specifically plead the averments of Paragraph 4 of
their Complaint.
II. Preliminary Objection For Failure to Conform with the Rules of Court.
4. Paragraphs 1 through 3 above are herein incorporated by reference.
5. Pa. R.C.P. 1019(h) requires that, "A pleading shall state specifically
whether any claim or defense set forth therein is based upon a writing. If so, the
pleader shall attach a copy of the writing or the material part thereof, but if the
writing or the copy is not accessible to the pleader, it is sufficient to so state,
together with the reason, and to set forth the substance of the writing."
6. The allegations of Paragraph 4 do not comply with Pa. R.C.P. 1019(h)
because the Plaintiffs do not state whether their claim, based on an alleged
Assignment of the Lease Agreement, is based on a writing, no writing has been
attached, and no explanation for its absence has been stated.
WHEREFORE, the Defendant, David H. Russell respectfully requests this Honorable
Court Order the Plaintiffs to more specifically plead the averments of Paragraph 4 to
state whether their claim is based on a writing and, if so, to attach the same to their
pleading.
Respectfully submitted,
DATE: September / 5? , 2000
WIX, WMGER &
'Ste n J. Dzur in, s uire
5 8 orth Seco Ste t
O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for the Defendant
F.\spd\7629 RUSSELL, DAVID H\10855.1 Lease of 1940 Market Street, Camp HiMDocumentsTreliminary Objections.doc
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS OF
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
?. NO. 00-5084 CIVIL TERM
DAVID H. RUSSELL,
Defendant CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, do hereby certify that I placed in the United States mail, first class,
postage prepaid, a true and correct copy of the foregoing Defendant's Preliminary
Objections, addressed to the following:
Craig A. Diehl, Esquire
3464 Trindle Road
Camp Hill, PA 17011
WIX,
By:
Step n J. Dz®rr nin, ysquir
,548 orth Second Weet
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 243-4182
DATE: September ) ?-, 2000
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan
mas adelante en las siguientes paginas, debe tomar action dentro de Ins proximos veinte (20) dias despues de Is
notification de esta Demanda y Aviso radicando personalmente o per medio de on abogado una comparecencia escrita
y radicando en Is Corte por escrito sus defensas de, y objections a, las demandas presentadas aqui en contra soya. Se
le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un
fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el
demandante puede ser dictado en contra soya per In Corte sin mas aviso adicional. Usted puede perder dinero o propiedad
u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA
AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
AMENDED COMPLAINT
1. The Plaintiffs are Paul K. Chrencik and Rebecca S. Chrencik, husband and wife,
residing at 362 North 29th Street, Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant is David Russell, an adult individual, residing at 1940 Market Street,
2nd Floor Rear, Camp Hill, Cumberland County, Pennsylvania.
3. A written lease with rules and regulations was executed by Defendant and R & S
Investments on October 27, 1999. A true and correct copy is attached hereto as Exhibit "A".
4. Plaintiffs became landlord pursuant to an assignment of lease when they purchased
the property situate at 1940 Market Street, Camp Hill, Pennsylvania, on June 1, 2000. A true and
correct copy of said Assignment of Lease is attached hereto as Exhibit "B".
5. The Defendant has breached the lease in the following ways:
A. Failure to pay rent timely;
B. Failure to pay additional rent for animals living there; and
C. Operating a commercial activity from a residential unit.
1
6. A Notice to Quit was posted on Defendant's front door of his apartment on June 16,
2000.
A civil suit was filed on July 3, 2000, and a hearing held on July 13, 2000 resulted
in possession and judgment being entered in favor of Plaintiffs for $1182.15.
8. Defendant filed a timely appeal on July 20, 2000.
9. Defendant has continued to breach the residential lease by not paying the proper rent
and operating his business from the residential apartment.
10. The written lease entitles Plaintiffs to 10% attorney commissions.
WHEREFORE, Plaintiffs respectfully request judgment to be entered in their favor and
against Defendant for delinquent and current rents, late fees, attorney fees, and costs incurred.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Dated: ®cto tr 17 gw
By: 04
Craig . Diehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Counsel for Plaintiffs
2
APARTMENT LEASE AGREEMENT
This agreement, made and entered into this 27 day of October. 1999 by and between Dave Russell
(hereinafter called the Tenant) R & S Investments (hereinafter called the Landlord):
WITNESSETH:
WHEREAS, the parties hereby intending to be legally bound, do enter into this Apartment Lease
Agreement subject to and made upon the following convenants, terms and conditions:
1. PREMISES: The Landlord hereby lease to the Tenant, and the Tenant, jointly and severally if
more than one, leases from Landlord the apartment or suite of rooms, known and numbered as
1940 Market Street 2nd Floor Rear. Camp Hill. PA 17011.
2. TERM: The term of the lease shall consist of an initial ONE (1) YEAR term beginning on the
15 day of November. 1999 and ending 30 day of November. 2000 any further terms commencing on the
expiration of the initial ONE (1) YEAR term and continuing on a month to month basis thereafter.
3. RENT: Tenant agrees to pay the Landlord the monthly rent of $ 440.00 on the first day of
each month in advance at 308 East Penn Drive, Enola, PA 17025 or such place as the Landlord
may from time to time request. Tenant further agrees to pay a late charge of $3.00dollars per day on
late rental payment, beginning on the 3rd day of each month. Demand for said rent on the demised
premises being waved.
4. TERMINATION OF LEASE: Landlord may terminate this without cause by giving thirty (30) days
written notice to Tenant, but no termination by Landlord without cause may take effect during the initial
One (1) Year term. After the expiration of the initial One (1) Year term, the Tenant may terminate this
lease without cause only by giving written notice to the Landlord at least one (1) full calendar month in
advance of the date on which Tenant wishes to terminate, which date must be the last day of a calendar
month, all rent due to the termination date.
5. RENT INCREASE: After the initial One (1) Year term, the Landlord may increase the monthly rent
by giving written notice to the Tenant at least thirty (30) days in advance of the first day of the month in
which the increase in rent is effective. The rent increase will take effect unless Tenant shall terminate the
lease as provided in paragraph 4 hereof within thirty (30) days after notice of a rent increase is given by
the Landlord.
J
EXHIBIT "A"
s-
p
6. USE OF APARTMENT: Tenant agrees to use the apartment only as the personal residence of
Tenant and their children and not to assign this lease or sublet the apartment. Resident tenant agrees not
to do or to permit any act or practice injurious to the building, which may be disturbing to other residents,
which may affect the insurance on the building, or which is contrary to any law. Tenant is responsible
for children's debris outside apartment, i.e. papers, trash, etc.
7. UTILITIES: Tenant will pay for telephone service and cable service in Tenant's apartment. Also gas
where applicable. Tenant agrees that Landlord may temporarily suspend any utility service in the event of
accident or to permit repairs or alterations. Landlord shall not be liable for failure to supply heat, air
conditioning, hot water or other services or utilities when such failures shall be beyond Landlord's
control.
8. CARE OF APARTMENT: Tenant agrees to use due care in the use of the apartment, the appliances
therein, and all other parts of Landlord's property, give notice to Landlord of the need for repair thereof,
and to pay for all repairs to the apartment, its contents, and to all other parts of Landlord's property which
are necessitated by any act or lack of care on the part of Tenant, members of Tenant's family, or his
visitors. Landlord will make necessary repairs to the apartment and the appliances therein within a
reasonable time after tenant notifies Landlord of the need for repairs. Tenant will leave stove,
refrigerator, etc. clean when vacating.
9. DAMAGE BY FIRE: If the apartment is damaged by fire or other casusalty, Landlord shall repair it
within a reasonable time and rent shall continue unless the casusalty renders the apartment untenantable,
in which case this lease shall terminate and Tenant, upon payment of all rent to the date the apartment is
surrendered, shall not be liable for any further rent.
10. RIGHT OF ENTRY: Landlord or any person authorized by him has the right to enter the apartment
at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and, after proper
notice is given, to show the apartment to propesctive tenants, and/or Zaas 11. SECURITY DEPOSIT: Tenant agrees to pay security deposit 1 S' I ?l )
upon the execution of this lease. The security deposit shall be held security for the
payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this
lease, and against any damages caused to the apartment or any other part of the Landlord's property by
Tenant, his family and guest. Tenant understands and agrees that the security deposit may not be applied
as rent or against any other amount due from Tenant to Landlord without Landlord's written consent and
that the monthly rent will be paid each month, including the last month of the lease term. Within thirty
(30) days following termination of this lease, Landlord shall return the security deposit, less any
deductions from it on account of amounts owed by Tenant to Landlord, to Tenant by check payable to all
persons signing this lease mailed to a forwarding address which must be furnished by Tenant in writing.
12. LANDLORD'S REMEDIES: If tenant is not given substantial possession of the premises at the
beginning of the term of the lease, this shall not be a basis for damages, nor shall it affect the validity and
other terms of the lease, except that the lessor shall waive rentals until lessor can give substantial
possessions of the premises.
13. 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 part and in favor of the said
party of the first part or his heirs, executors, administrators and assigns for the whole amount of said
rent as hereinbefore set forth and 10% attorney's commissions.
14. RULES AND REGULATIONS: Tenant agrees that he, his family, and guests will comply with the
rules and regulations pertaining to occupancy of the apartment which are attached hereto and made part
of this lease.
15. SUBORDINATION: This lease is subject and subordinated to the lien of all mortgages now or a
any time hereafter place upon any part of Landlord's property which includes the apartment, to extensions
or renewals thereof, and to all advances now or hereafter made on the security hereof. Tenant agrees,
upon request, to execute such further instrument evidencing such subordination as Landlord may request,
and if Tenant fails to do so, Landlord is empowered to do so in the name of Tenant.
16. Permission is granted the Tenant to move out early and sever this Lease with the following provisions:
/ A. At lease thirty (30) days written notice to Landlord.
B. All rents current to end of month.
C. Payment in advance at time of written notice equal to two (2) months rent as liquidated
damages.
16.-A Tenant can sever this lease with no penalty if they purchase a home thru Rothman Schubert and
Reed Realtors.
The Landlord has the right to declare the within described lease null and void and to immediately
terminate all rights of the Lessee thereunder if Lessee shall cause such conduct of any nature whatsoever
as to become a nuisance to the other tenants thereby affecting the harmonious atmosphere of the
neighborhood. Lessee further waives any and all notice of said termination and shall vacate said premises
immediately.
17. Acceptance by the party of the first part of any of the said rent at any time after the same shall become
due, after default has been made in the payment thereof. Or any failure to enforce the rights herein
reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein 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 as a
waiver of the right to the first part, and al forfeitures, penalties and conditions may be enforced
together or successively at the option of the party of the first part.
18. NSF CHECKS: Any checks returned to the office market "INSUFFICIENT FUNDS" will be
subject to a $20.00 Fee (plus any bank service charge which may occur.)
THIS LEASE CAN BE BROKEN WITHOUT NOTICE IF THE TENANT PURCHASES A HOME
FROM ROTHMAN, SCHUBERT & REED, REALTORS.
IN WITNESS WHEREOF, the parties hereby have set their hands and seals the day and year first above
written.
TENANT/GUARANTOR
$100.00 securi ty deposit from Russell, Russell & Associates, Inc. is to be applied toward the security
due on 1940 Market Street 2nd Floor Rear.
Initial
GUARANTY
I (We) do hereby to be responsible to the Landlord for the true and faithful performance of the above
apartment lease agreement on the part of the above named Tenant or Tenants, and we hereby guarantee
any and all sums due to Landlord thereunder. This guaranty agreement shall remain in effect throughout
the entire term of the lease, notwithstanding any increase in rent or renewal thereof.
WITNESSES:
GUARANTOR
GUARANTOR
DATED
RULES AND REGULATIONS
1. Tenant, his family and his guests shall not at any time make noise, or do anything or conduct
themselves in any way which disturbs any other resident or interferes with the rights, comfort or
convenience of any other resident. Musical or sound reproducing instruments or singing within the
apartment shall inaudible outside the apartment between 11:00 p.m. each night and 8:00 a.m. the
following morning.
2. Oope f any kind shall be brought or kept in the apartment or elsewhere on Landlord's property
unless Landlord shall consent to the keeping of the pet. If any pet-iskept by Tenant without Landlord's
agreement, Tenant shall pay as additional monthly rent the sum 100.00 er month.
3. In the event additional persons shall live with Tenant in the apartment, a cost of $50.00 per month for
each such additional person shall be paid by Tenant.
4. Hallways, walkways, stairs, storage areas, landings and entryways shall be used only for access to and
from the apartment, shall not be used for children's play area, and shall be kept clear of bicycles, waste
receptacles, toys and other articles at all times.
5. Watering of lawns or car washing by using facilities of the apartment is prohibited.
6. All trash and rubbish is to be placed in.plastie bags inside containers provided by Landlord. All debris,
rubbish and trash must be placed in proper containers.
7. Tenant shall keep the apartment in good and sanitary condition.
Tenant shall not change locks or install additional locks, without the written consent of Landlord.
9. Tenant is not permitted to use any kerosene or space heaters in the apartment.
10. Tenant agrees that Landlord may change these regulations as required to protect the apartment of
Landlord's other property, or add to the conveniences of other occupants of the apartment complex.
These regulations are made a part of this lease agreement and failure to comply with same shall be caused
for termination by Landlord.
11. Tenant is not permitted to use waterbeds without special insurance policy with a copy to the landlord.
12. Landlord assumes no responsibility for Tenant's property or liability. Landlord suggests tenant
obtains a "Tenant Homeowner's" Policy for Tenant's protection.
Signed this of 119
TENANT.
TENANT
:50 FROM: RSR REAL ESTATE
ID: 7631656
ASSIGNMENT 0P LEASE
We hcrcby assign all rights in the herein attached leases (o Rcbocca S. Facrbcr-Chrencil< on this
I" day of .hlnc, 3000,
R & SRontal Invostnlcnts
Ii
Witness William 11. Rothman
Witness Charles F. Schubert
PAGE 4
EXHIBIT "B"
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID RUSSELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 CIVIL TERM
CIVIL ACTION - LAW
VERIFICATION
WE, PAUL K. CHRENCIK and REBECCA S. CHRENCIK, VERIFY that the
statements set forth in the foregoing COMPLAINT are true and correct to the best of our knowledge,
information and belief. We understand that false statements herein are made subject to the penalties
of 18 Pa, C.S. 4904 relating to unsworn falsification to authorities.
Dated: lu
Dated: 1 D 1'j p^e
Rebecca S. Chrencik
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 18th day of October, 2000, the undersigned hereby certifies that a true
and correct copy of the foregoing AMENDED COMPLAINT was served upon the opposing party
by way of United States first class mail, postage prepaid, addressed as follows:
Stephen J. Dzuranin, Esquire
WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
LAW OFFICES OF CRAIG A. DIEHL
Byc
Helen E. Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS OF
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 00-5084 CIVIL TERM
DAVID H. RUSSELL,
Defendant CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint and Notice are served by entering a written appearance personally
or by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that, if you fail to do so, the case may
proceed without you and a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Defendant. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de
plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una
apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra
usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID H. RUSSELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 CIVIL TERM
CIVIL ACTION - LAW
ANSWER TO AMENDED COMPLAINT WITH COUNTERCLAIM
AND now comes the Defendant, David H. Russell, by and through his attorneys
Wix, Wenger & Weidner, P.C., and files the following Answer to Amended Complaint
with Counterclaim:
1. Admitted, upon information and belief.
2. Admitted.
3. Admitted.
4. Denied. The Assignment of Lease attached to Plaintiff's Amended Complaint as
Exhibit "B" is a writing that speaks for itself. Said Assignment did not have
attached to it the leases referred to therein. Therefore, the Defendant is without
sufficient knowledge or information to form an opinion as to the truth of Plaintiffs'
paragraph 4 and the same is therefore denied. By way of further answer, the
said attached writing purports to assign certain "attached leases" to Rebecca S.
Faerber-Chrencik. Defendant is without sufficient knowledge or information to
form an opinion as to whether this is the same person as the Plaintiffs, jointly or
individually, and strict proof thereof is demanded at trial.
5. Denied. The Plaintiffs' allegations in paragraph 5, and its subparts, constitute
conclusions of law to which no answer is required. To the extent that this Court
deems an answer is required, the Plaintiffs' allegations in paragraph 5 and its
subparts are specifically denied, and strict proof thereof is demanded at trial.
6. Admitted.
7. Admitted with clarification. It is admitted that a district justice action was filed and
a hearing was held, which eventually resulted in the instant action. However
such fact is irrelevant to the instant proceedings inasmuch as the matter must be
decided by this Court de novo pursuant to Pa. R.C.P.D.J. Rule 1007.
8. Admitted.
9. Denied. The Plaintiffs' allegations in paragraph 9 constitute conclusions of law to
which no answer is required. To the extent this Court deems an answer is
required, the remainder of Plaintiffs' allegations are specifically denied, and strict
proof is demanded at trial.
10. Denied. It is specifically denied that the Lease Agreement entitles Plaintiffs to
10% attorney's commission. Any reference to attorney's commissions is
contained in an invalid confession of judgment clause and is of no force or effect.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter
judgment in favor of the Defendant and grant such other relief as this Court deems just
and appropriate.
COUNTERCLAIM
11. Paragraphs 1 through 10 of Defendant's Answer are incorporated herein by
reference as if set forth in full.
12. The Apartment Lease Agreement, attached to Plaintiffs' Complaint as Exhibit A,
contains an invalid confession of judgment clause at paragraph 13 which clause
states as follows:
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 part
and in favor of the said party of the first part or his heirs,
executors, administrators and assigns for the whole amount
of said rent as herein before set forth and 10% attorney's
commissions.
13. The inclusion of confession of judgment clauses in residential leases executed
by natural persons has been abolished in the Commonwealth of Pennsylvania
pursuant to Pa. R.C.P. 2970.
14. The inclusion of such a clause in a residential lease is a violation of the Unfair
Trade Practices and Consumer Protection Law pursuant to 73 PS § 201-
2(4) (xviii) and 73 P.S.§ 201-3.
15. According to the Unfair Trade Practices and Consumer Protection Law, any
person who is so harmed may bring a private action to recover actual damages
pursuant to 73 PS § 201-9.2(a).
16. The Unfair Trade Practices and Consumer Protection Law allows for the
imposition of treble damages.
17. Defendant is entitled to recover under the Unfair Trade Practices and
Consumer Protection Law for the actions of the Plaintiffs including, without
limitation, seeking to enforce the invalid confession of judgment clause and
their request for a 10% attorney's commission as set forth in paragraph 10 of
the Plaintiffs Complaint.
18. Defendant is entitled to recover actual damages, or one hundred dollars,
whichever is greater, subject to the allowance of treble damages, attorney's
fees and costs, and such other additional relief deemed necessary and proper
by the Court.
WHEREFORE the Defendant/Counterclaim Plaintiff, respectfully requests that
judgment be entered in its favor and against Plaintiff/Counterclaim Defendant in an
amount not to exceed $25,000.00 plus additional attorney's fees, costs, and treble
damages to the extent that this Honorable Court deems just and necessary.
Respectfully submitted,
WIX, WE,NGER & WEIDNER
St hen J. ura Esquire
A rney ID o. 5 53
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Defendant
DATE: November e?2D , 2000
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS OF
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 00-5084 CIVIL TERM
DAVID H. RUSSELL,
Defendant CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, do hereby certify that I placed in the United States mail, first class,
postage prepaid, a true and correct copy of the foregoing Answer to Amended
Complaint with Counterclaim, addressed to the following:
Craig A. Diehl, Esquire
3464 Trindle Road
Camp Hill, PA 17011
WIX, WE,NGER &
r
J.
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 243-4182
DATE: November o?fi 2000
F:\spd\7629 RUSSELL, DAVID H\10855.1 Lease of 1940 Market Street, Camp Hill\Documents\Answer to Complaint
with CounterClaim.doc
LAW OFFICES
46*&- v X. "a"
FRANKEBERGER PLACE
219 EAST MAIN STREET
P.O. BOX 230
MECHANICSBURG, PENNSYLVANIA 17055
717 691-7770
FAX 691-7772
January 30, 2001
Richard J. Pierce, Court Administrator
Office of the Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: Chrencik vs. Russell
No. 00-5084 Civil Term
Dear Richard:
On November 30, 2000, Judge Hoffer appointed me to chair a
panel of arbitrators in the above matter.
An Arbitration Hearing was scheduled for February 13, 2001,
and I enclose a copy of the Notice of such Hearing for your
information.
I am now informed by counsel that this matter has been
resolved and settled and an appropriate Praecipe to Settle and
Discontinue has been filed with the Prothonotary. Accordingly,
we have cancelled the Arbitration Hearing.
I am returning the file to the Prothonotary's office.
Please ask Judge Hoffer to issue an order vacating the
appointment of the panel of arbitrators and directing payment to
me of the sum of $50.00.
Thank you for your cooperation and assistance.
Very truly yours,
Marlin R. McCaleb
MRM/eaj
0" lp
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID RUSSELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 - CIVIL TERM
CIVIL ACTION - LAW
NOTICE OF HEARING BY BOARD OF ARBITRATORS
You are hereby notified that the undersigned Board of
Arbitrators, appointed by the Court in the above-captioned
case, will sit for the purpose of their appointment in
Cumberland County in the Law Offices of Marlin R. McCaleb, at
219 East Main Street, Mechanicsburg, Pennsylvania, on Tuesday,
February 13, 2001, at 9:30 o'clock A.M., at which time and
place you may appear with your respective clients and your
witnesses to present such evidence and testimony as you may
have in the case.
Scott W. Pohlman, Esquire
Douglas M. Wolfberg, Esquire
By: Marlin R. McCaleb, Chairman
Board of Arbitrators
January-3, 2001
TO: Craig A. Diehl, Esquire
Law Offices of Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011
Attorney for Plaintiffs
LAW OMCP
MARLIN R. MCCALEB
Stephen J. Dzuranin, Esquire
Wix, Wenger & Weidner, P.C.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Attorney for Defendant
r
JAN 2 5 2001
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
ORDER
AND NOW, this 116 K day of -YmQZ):? , 2001, upon consideration of the
Petition to Release Rent Monies Under the Control of the Court filed by Plaintiffs/Petitioners, it
is hereby:
ORDERED that the monies held by this Court in the amount of $3382.15 shall be released
directly to Paul and Rebecca Chrencik.
Mail copies to:
Craig A. Diehl, Esquire
Law Offices of Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011-4436
Stephen J. Dzuranin, Esquire
• WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
C.a?p cr a /w µ I- 3 o
V NVAV,SNN3d
h 14 -a nZ it i 10
BY THE COURT:
Y
PAUL K. CHRENCIK and
REBECCA S. CHRENCIK,
Plaintiffs
V.
DAVID RUSSELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5084 CIVIL TERM
CIVIL ACTION - LAW
PETITION TO RELEASE RENT MONIES
UNDER THE CONTROL OF THE COURT
1. Petitioners, Paul and Rebecca Chrencik, are the owners and landlords at a property
known as 1940 Market Street, Camp Hill, Cumberland County, Pennsylvania.
2. David Russell was a former tenant at the above-referenced location.
3. On or about July 13, 2000, District Magistrate Robert V. Manlove entered
judgment for Paul and Rebecca Chrencik and against David Russell in the amount of $1182.15
and established the rent per month at $440.00.
4. On or about July 20, 2000, David Russell filed an appeal from the judgment
rendered by the District Magistrate.
5. During the pendency of the appeal, David Russell paid into this Court the total sum
of $3382.15.
6. The parties have reached a settlement agreement resolving the disputes in this
proceeding.
7. Petitioners, Paul and Rebecca Chrencik, seek to have the monies held by this Court
paid to them.
1
t
0. 8. Opposing counsel, Stephen J. Dzuranin, attorney for David Russell, has provided
his consent to the release of the monies to Paul and Rebecca Chrencik.
9. A Praecipe to Settle and Discontinue this proceeding shall be filed with the Court
to terminate the case.
WHEREFORE, Petitioners, Paul and Rebecca Chrencik, respectfully request this
Honorable Court to enter an Order authorizing the Prothonotary to release the monies held in the
amount of $3382.15 directly to Paul and Rebecca Chrencik.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: J-41141. goo/
By: CA.".a. %. t
Craig Diehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiffs/Petitioners
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PVS510 Cumberland County Prothonotary's Office Page 2
Civil Case Inquiry
2000. 05084 CHRFNCIK REBECCA ET AL (vs) RUSSELL DAVID
Reference No... Filed....... 7/20/2000
Case 'We .....: APPEAL - DJ Time...... 8:20
Judgm......: .00 Execution Date 0/00/0000
hidye Assigned: Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
- -- Case Comments Higher Crt 1.:
Higher Crt 2.:
PAUL AND REBECCA CHRENCIK - BY THE COURT J WESLEY OLER JR J COPIES
MAILED 1/31/01
----------------------------- ---- --------------
2/05/2001 ORDER OF COURT - DATED 1/31/01 - IN RE ARBITRATION - THE COURT
HAVING BEEN INFORMED THAT THE ABOVE CASE HAS BEEN SETTLED THE
PANEL OF ARBITRATORS PREVIOUSLY APPOINTED IS VACATED AND THE
CHAIRMAN MARLIN MCCALEB ESQ SHALL BE PAID THE SUM OF $50.00 - BY
THE COURT GEORGE E HOFFER PJ COPIES MAILED 2/6/01
2_/08/2001 CHECK ISSUED TO PAUL AND REBECCA CHRENCIK FOR $3,382.15 (CHECK #
1218) CHECK WAS PICKED UP IN PERSON BY PAUL AND REBECCA CHRENCIK
-- _. - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Bw Bal Py*mts/Ad! End Bal
APPEAL D.J. 35.00 35.00 .00
'PAX ON APPEAL .25 .25 .00
SETTLEMENT 5.00 5.00 .00
JCP FEE .00
RENT J]4 82.15 1182.15 .00
RENT J 40.00 440.00 .00
itF;NT 5 40.00 440.00 .00
RENT 40.00 440.00 .00
RENT 40.00 440.00 .00
RENT 0.00 440. 00
APPT OF ARB;. 0 .00
------------------------- ------------
3442.40 3442.40 .00
* End of Case Information
********************************************************************************
PYS510 Cumberland County Prothonotary's Office Page 1
Civil Case Inquiry
200P 05084 CHRENCIK REBECCA ET AL (vs) RUSSELL DAVID
Reference No..: Filed........: 7/20/2000
Case Type.....: APPEAL - DJ Time.........: 8:20
Judgmen_......: .00
Iidge Assigned: Execution Date 0/00/0000
Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
----- ------ Case Comments --- ---------- Higher Crt I.:
Higher Crt 2.:
General Index Attorney Info
CHRENCIK REBECCA PLAINTIFF
1940 MARKET STREET 1ST FL
CAMP HILI, PA 17011
CHRENCIK PAUL PLAINTIFF.
1940 MARKET STREET 1ST FL
CAMP HILL PA 17011
RUSSELL DAVID DEFENDANT DZURANIN STEPHEN J
1940 MARKET STREET 2ND FL
CAMP HILL PA 17011
* Date Entries
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
7/20/2000 APPEAL FROM DISTRICT JUSTICE JUDGMENT
------------------------
7/20/2000 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
-------------------------------------------------------------------
7/24/2000 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
----------------------------- ---- ------- -----------------------7/2.0/2000 RENT PAID $1182.15 BY DEFY DAVID RUSSELL
---------------------- ------------------
7/26/2000 PRAECIPE FOR RETURN RECEIPT CARD
------------------
8/01/2000 COMPLAINT
------------------------------------------
8/09/2000 RENT PAID $ 440.00 BY DAVID RUSSELL
-------------------------------------------------------------------
9/08/2000 RENT PAID $440.00 BY DAVID RUSSELL
----- -------- -----
9/11/2000 ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
----------------------- -------------------
9/15/2000 PRELIMINARY OBJECTIONS
---------------------- -------- --------------------
10/06/2000 RENT PAID $440.00 BY DAVID H RUSSELL
------------------------- ----------- ------------------
10/18/2000 AMENDED COMPLAINT - BY CRAIG A DIEHL ESQ ATTY FOR PLFF
--------------------------------------------------------------------
11/14/2000 RENT PAID $440.00 BY DAVID RUSSELL
----------------------------------------- -------------------
11/21/2000 ANSWER TO AMENDED COMPLAINT WITH COUNTERCLAIM - BY STEPHEN DZURANIN
ESQ ATTY FOR DEFT
--------------------------------------------------------------------
JI/2.9/2000 RENT PAID - $440.00 - BY DAVID RUSSELL
--------------------------------------------------------------------
11/29/2000 ANSWER TO DEFENDANTS COUNTERCLAIM - CRAIG A DIEHL ESQ ATTY FOR PLFF
-------------------- -------------- ------------- --------------------
11/2.9/2000 PETITION FOR APPOINTMENT OF ARBITRATORS - BY CRAIG A DIEHL ESQ
----------------------------------------------------------
11/30/2000 ORDER OF COURT 11/30/00 APPOINTMENT OF ARBITRATORS GEORGE E
HOFFER P JUDGE ARBITRATORS ARE MARLIN MCCALEB ESQ - SCOTT
POHLMAN ESQQ AND DOUGLAS WOLFBERG ESQ
NOTICE MAILED 12/20/00
-------------------------------------- ------------------------
1/24/2001 PETITION TO RELEASE RENT MONIES UNDER THE CONTROL OF THE COURT -
BY CRAIG A DIEHL ESQ FOR PLFFS
-------------------------------------------------------------------
1/29/2001 ORDER - DATED 1/26/01 - IN RE PETITION TO RELEASE RENT MONIES
UNDER THE CONTROL OF THE COURT - ORDERED THAT THE MONIES HELD BY
THIS COURT IN THE AMOUNT OF $3382.15 SHALL BE RELEASED DIRECTLY TO
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
PRAECIPE TO SETTLE AND DISCONTINUE CASE
TO THE PROTHONOTARY:
The undersigned counsel kindly requests that you mark the above-captioned proceeding
and counterclaim settled and discontinued.
LAW OFFICES OF CRAIG A. DIEHL
By: L y
Craig A. Diehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiffs
WIX, WENGER & WEIDNER
?tepjien J. Dtran Esquire
Attorney ID o. 653
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Counsel for Defendant
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS
REBECCA S. CHRENCIK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 00-5084 CIVIL TERM
DAVID RUSSELL,
Defendant CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this c9 9 -tk day of January, 2001, the undersigned hereby certifies that a
true and correct copy of the foregoing PRAECIPE TO SETTLE AND DISCONTINUE was
served upon the opposing party by way of United States first class mail, postage prepaid,
addressed as follows:
Stephen J. Dzuranin, Esquire
WIX, WENGER & WEIDNER
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
LAW OFFICES OF CRAIG A. DIEHL
B:
Helen E. Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
V 7
PAUL K. CHRENCIK and IN THE COURT OF COMMON PLEAS OF
REBECCA S. CHRENCIK CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 00-5084 CIVIL TERM
DAVID RUSSELL
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, January 31, 2001, the Court having been informed that
the above-case has been settled, the panel of arbitrators previously
appointed is vacated and the chairman, Marlin McCaleb, Esquire, shall be
paid the sum of $50.00.
Marlin McCaleb, Esquire
Court Administrator
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?qry
?!'IRY
CE FFIR -
YEINSYLVA(VIAhJ, ,