HomeMy WebLinkAbout09-4468GUMMUNWr_ALIM VF f tNNSTLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
Pf
NOTICE OF APPEAL
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 referenced below.
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to/46 /0 9 114..? u1. .
L,-T- acct) 416 T- 4 9
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see Pa. R.C.P.D.J. No.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
so-h- of P-0--tary a Dspw
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
/,?
Enter rule upo'(7e '." "`e) appellee(s), to file a complaint in this appeal
Name d
(Common Pleas No..? within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature or t or attomey or agent
RULE: To , appellee(s)
Name ofapparNN)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: j z .2001
ure o/ ary or Deputy le kAg??4? YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice desicgted ftreir?3n
(date of service) 20 ? b C .o
by personal service ? by (certifiejqgisterpd) Vil,
sender's receipt attached hereto, and upon the appellee,
(name) C
,20 ? by personal service ? by (certified) (r ered)MMil, r
sender's receipt attached hereto._ -r_
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME?
THIS DAY OF 20 C7
signature of official before whom affidavit was made
Title of official
My commission expires on
20
of affiant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CMKBZRr.AND
Mag. Dist. No.'.
09-1-03
MDJ Name: Hon.
RICHARD S. DOUGHERTY
Address: 9 8 S ENOLA DR STS 1
ENOLA, PA
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rEffiMING, N. SCOTT
1300 LINGLESTOWN RD
2ND FLOOR
LIIARRISBDRG, PA 17110
v8.
DEFENDANT: NAME and ADDRESS
Telephone: (717 ) 728-2805 17025 rROBISON, ELIZABETH
29 NATHAN DRIVE
ENOLA, PA 17025
ELIZABETH ROBISON
29 NATHAN DRIVE Docket No.: LT-0000167-09
ENOLA, PA 17025 Date Filed: 5/20/09
J
J
THIS IS TO NOTIFY YOU THAT:
Judgment:
L°J Judgment was entered for: (Name) HENNING N. SCOTT in a
Judgment was entered against ROBISON ELIZABETH
® Landlord/Tenant action in the amount of $ 8,154.50 on 6/0 t Judge, (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $_??Q•
895.00
The total amount of the Security Deposit is $
Total Amount Established b MDJ Less • Security Deposit Appl?i0e0d _= Adjudicated Amount
Rent in Arrears $ 800.00-$ .00=
=
Physical Damages Leasehold Property $ .00-$ _ Q0 - $ _ 00=
Damages/Unjust Detention $
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
Post Judgment Credits
? Possession granted. Post Judgment Costs
$ 8,000.00
.00
$ _00
$ _00
$ _00
$ IB 000_00
$ 154_50
$ _00
$ 8,154.50
Certified Judgment Total $
® Possession granted if money judgment is-not sa Is le y Ime o eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
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.
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. `.?
0 8 209 Date Magisterial District J
JUN
y t at t Is is a true an ??topy 01 t rec a ro s containing the lu gment.
Magisterial District J
2012- SEAL
SCOTT W.HENNING
Plaintiff
V.
ELIZABETH ROBISON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 09 - 11110
•: CIVIL ACTION - LAW
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow ELIZABETH ROBISON 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:
..
Z 2;
`Geoffrey M. Bi nger
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
Cif ?, ,i-rrY
2009 JiL -6 Apt 9: 05
U.S. Postal Service,,,
CERTIFIED MAILT. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
' For delivery information visit our website at www.usps.comm
17=1 Postage $
Certified Fee
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r
O Return Receipt Fee
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f o
C3 (Endorsement Required) ,
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C3 Restricted Delivery Fee
O (Endorsement Required)
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$ .3
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2909 Cb
USPS /
Postage $
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Certified Fee Q
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(Endorsement Required)
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Restricted Delivery Fee
O (Endorsement Required) -
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Sent To
C3 Street, Apt. No.; 2 r
or PO Box No. ?0D C 7 S u?j 2V,
,
---- ----- ----
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City, State, ZIP+4
3800, ALIgUst 2006 Sent To
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C3 -------- ! C t¢% . ??? ? I ----- -? -- D -------------------
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or Po Box No.
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PS For in :3800. August 2006 See Reverse for Insli UCtio[IS
PROOF OF SERWCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST 8E FILED WITHW TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEAH OF ENNS LVAN?
COUNTY OF ; ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on
(date of servic 20LO ' ? by personal service W/by (certified) (49mail,
der's recei attache hereto, and upon the appellee, (name on
?Q 20011 ? by personal service by (certified) (r ail,
0 * sender's receipt attached hereto.
(SWORN) AFFIRMED) AND UB RI BED BEFORE ME
THIS ? V DAY OF .200Y
Signature of offici efore whom affidavit was made
Tide of official i -
My commission expires on A, 20?_.
NOTARIAL SEAL
}ii?Tt 1NpTARY, N OVARY KWA
' Signature of a?fiant
(j- oa
m t-
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o U
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W
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. IV- IN
Ile- 6of 4l
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
OF D.J.
P? Nu. NAME
.?..? .,..... «....... ? vi++ t? ?.iv"? • `+ LIAO. MST.
ADDRES f APPELLANT CITY G/ ?r TE
? CnY ?? STATE Z COpE
DA A) Nr CASE OF (Pr?inrArj . ( ?• • S
&/46 0
7?
DOMEY . SIGNAT OF APPELLANT ATTORNEY OR AGE
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after Ning the NOTICE of APPEAL.
Sl ut"of orhonaWyorDepW
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach, from copy of notice of appeal to be served upon appellee.
PRAECIPE: To
Enter rule
Name of i$p
(Common Pleas No. N-- q* f
appellee(s), to file a complaint in this appeal
within twenty (20) days fter service of rule ororwsuffer entry of judgment of non pros.
/'? SOW" Or orsa meyoragw
RULE: To,) ev . appellee(s)
! Name of appaMae(s)
(1) YOU0 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 r lp, on you by service or by certified or registered mail.
'1€ ymu do not file a oorh within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
?he date of s of'fi if service was by mail is the date of the mailing.
!!''
D?
01 a Deputy
YQrU, ST PY OF THE NOTICE OF JUDG(MIENTITRANSGRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT A STILE
C c'
,t-a-
Lti7 4
~
W. SCOTT HENNING
~~
:COURT OF COMMON PLEAS ~, r , rn
cz~ "~~
Plaintiff :CUMBERLAND COUNTY, PENNSYLVA~ ~
_. ~
V. . i'." ~...!
~
~
N0.09-4468 CIVIL
~~ "~' ~
ELIZABETH ROBISON
Defendant
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
Telephone 717-249-3166 or 800-990-9108
Very truly yours,
HANDLER, HENNING & ROSENBERG, LLP
By:
WSH/tgd
W. SCOTT HENNING ;COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. .
N0.09-4468 CIVIL
ELIZABETH ROBISON
Defendant
COMPLAINT
Count I -Nonpayment of Rent/Breach of Lease Agreement
AND NOW, comes the Plaintiff, W. Scott Henning, Esq., who makes the within
Complaint against the Defendant, Elizabeth Robison, and avers as follows:
1. Plaintiff, W. Scott Henning, is an adult individual maintaining an office and
place of business located at 1300 Linglestown road, Harrisburg, PA.
2. Defendant, Elizabeth Robison, is an adult individual residing at 29 Nathan
Drive, Enola, Pennsylvania.
3. On February 16, 2007, Plaintiff leased the premises at 29 Nathan Drive,
Enola, Pennsylvania to Defendant under a residential Lease Agreement, a copy of
which is attached hereto as Exhibit "A".
4. The lease provided for a term of one year, at a monthly rental of $895.00,
payable in advance on the 1St day of every month.
5. Defendant entered into possession of he leased premises on or about
February 16, 2007, in accordance with the terms of the lease.
6. Defendant ceased to pay the rent due under the lease. The amount of
rent in arrears is $13,505.00, exclusive of late charges.
7. Plaintiff has given the Defendant repeated notices delineating the amount
of the rent in default, with requests to tender payment to bring the rent current and/or to
vacate he premises.
WHEREFORE, Plaintiff, W. Scott Henning, seeks judgment against the
Defendant, Elizabeth Robison in the sum of $13,505.00 plus the costs of suit.
Count II -Ejectment
8. Plaintiff incorporates Paragraph 7, as though fully set forth herein.
9. In addition to violating the terms of the Lease Agreement by failing to
tender payment of the rental charges, Defendant is violating the terms of the Lease
Agreement by having her boyfriend reside in the premises without obtaining the consent
of the Plaintiff.
10. In addition to the forgoing violations of the Lease Agreement, Defendant
is violating the terms of the Lease Agreement by more than one (1) dog residing on the
premises without obtaining the consent of the Plaintiff.
WHEREFORE, Plaintiff, W. Scott Henning, requests the Court to enter an Order
granting possession of the premises known as 29 Nathan Drive, Enola, Pennsylvania to
the Plaintiff and ordering Defendant to immediately vacate the premises
Respectfully submitted,
HANDLER, HENNING ROSENBERG, LLP
By:
W. Scott Hen , Esqu~ e
Supreme Co I.D. # 298
1300 Linglestown R d
Harrisburg, PA 171 0
(717} 238-2000
DATED: ^~'~ O~D~LJ
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are
based upon information which has been furnished to counsel by me and information which
has been gathered by counsel in the preparation of this lawsuit. The language of the
document is of counsel and not my own. I have read the document and to the extent that
it is based upon information which I have given to counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the contents of the document
are that of counsel, I have relied upon my counsel in making this Verification. The
undersigned also understands that the statements made therein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date: 02 `3 -aa10
{
~~
~~~
LEASE AGREEMENT
This Agreement, made this ~,~day of February, 2007, between W. Scott Henning
hereinafter called LESSOR, Elizabeth Robison hereinafter called LESSEE.
LESSOR agrees to rent to the LESSEE, premises known as 29 Nathan Drive, (East
Pennsboro Township), Enola, PA, upon the following terms and conditions:
Rent shall be paid in advance on the 15' day of each month, beginning on March,
2007, in the amount of $895.00.
Security deposit $895.00.
Late charge if rent not paid within grace period of five (5) days $_25.00, plus $5.00
ep r daX
Length of this Lease is one year (12 months).
Beginning date of this Lease: 23~d day of February, 2007.
Ending date of this Lease: 23th day of February, 2008.
Thirty (30) days written notice by either party is required to end any renewal of this
Lease at the ending date, or by the LESSOR to change any of the terms and
conditions of any renewal at the ending date.
Renewal length of Lease if not ended by either party: Twelve months. Rental
payment and terms may be subject to adjustment at that time.
Premises will be occupied only as a residence.
Largest number of occupants under this Lease is one (1) adult.
Payments to be made promptly (without being demanded) when due #o W. Scott
Henning, 400 Riverbend Drive, Enola, PA 17025.
For the leased premises --
LESSOR will pay or be responsible for:
water
_ gas
heat
-electrici#y
lawn care
V snow removal
X sewer
X trash
(Other) Real Estate Taxes
X
LESSEE will pay or be responsible for:
X water
X gas
X heat
X electrici#y
X fawn care
X snow removal
sewer
trash
{Other)
LESSEE COVENANTS AND AGREES AS FOLLOWS:
(A) To pay the rent and all other charges herein reserved as rent on the days and times
and at the place that the same are made payable, without fail, and if LESSOR shall
at any time or times accept said rent or rent charges after the same have become
due and payable, such acceptances shall not excuse delay upon subsequent
occasions, or constitute or be construed as a waiver of any of the LESSOR'S rights.
LESSEE agrees that any charge or payment herein reserved, included, or agreed
to be treated or collected as rent and/or any other charges, expense or costs herein
agreed to be paid by the LESSEE may be proceeded for an recovered by the
LESSOR by distraint or other process in the same manner as rent due and in
arrears.
(B) To keep the demised premises clean and free from ali dirt and other refuse matter,
replace all glass windows, doors, etc., broken; keep all waste and drain pipes open;
keep the same in good order and repair as they are at the beginning of the term of
this Lease, reasonable wear and tear and damage by accidental fire or other
casualty not occurring through negligence of LESSEE or those employed by or
acting for LESSEE alone excepted. The LESSEE agrees to surrender the demised
premises in the same condition as received.
(C) Use every reasonable precaution against fire.
(D) To comply with any requirements of any of the constituted public authorities, and
with the terms of any State or Federal statute or local ordinance or regulation
applicable to Lessee or his use of the demised premises, and save LESSOR
harmless from penalties, fines, costs or damages resulting from failure so to do.
(E) To peaceably deliver up and surrender possession of the demised premises to the
LESSOR at the expiration or sooner termination of this LEASE, promptly delivering
to LESSOR at its office all keys for the demised premises.
(F) To give LESSOR prompt written notice of any accident, fire or damage on or to the
demised premises.
LESSEE AGREES TO DO NONE OF THE FOLLOWING WITHOUT CONSENT IN
WRITING OF THE LESSOR FIRST OBTAINED:
(A) Assign, mortgage or pledge this Lease or under-let or sub-lease the demised
premises, or any part thereof, or permit any other person, firm or corporation #o
occupy the demised premises or any part thereof.
(B) Make any alterations, improvements or additions to the demised premises. All
alterations, improvements, additions orfixtures, whether installed before or afterthe
execution of this tease, shall remain upon the premises at the expiration or sooner
determination of this Lease and become the property of LESSOR, unless LESSOR
shall, prior to the determination of this Lease, have given written notice to LESSEE
to remove the same, in which event LESSEE will remove such alterations,
improvements and additions and restore the premises to the same good order and
condition in which they now are. Should LESSEE fail so to do, LESSOR may do so,
collecting at LESSOR'S option, the cost and expense thereof from LESSEE as
additional rent.
(C) Vacate or desert said premises during the term of this Lease, or permit the same
to be empty and unoccupied.
(D) Maintain any animals or pets on the leased premises. (1 dog)
(E) Maintain or place a waterbed in any room, or place heavy nautilus or exercise
equipment in any room other than the basement.
(F) Make or permit any disturbing noises by the LESSEE or members of the family or
visitors or do or permit anything to be done that would disturb or interfere with the
rights and convenience of other tenants or neighbors to the leased premises.
(G) Will not occupy the leased premises in any other name or for any other purpose
than is called for in the Lease and in addition agrees that the premises shall not be
occupied by more than one family.
(H} For or suffer to be done, any act, matter or thing objectionable to the fire insurance
company whereby the fire insurance or any other insurance shall become void or
suspended or the rate increased.
RIGHTS AND REMEDIES OF LESSOR:
(A) To display a "For Rent" sign, or both "For Rent" and "For Sale" signs at any time;
and all said signs shall be placed upon such part of the premises as LESSOR may
elect and may contain such matter as LESSOR shall require. Persons authorized
by LESSOR may inspect the premises at reasonable hours during the said periods.
(B) The LESSOR has let the demised premises in their present condition and without
any representations on the part of the LESSOR. it is understood and agreed that
LESSOR is under no duty to make improvements or alterations at the time of letting
or any time thereafter.
(C) If default shall be made in the payment of any part of the said rent after the same
becomes due, or in case of a breach or evasion of any attempt to break or evade
any of the covenants or conditions of this agreement, the entire rent reserved for the
full term of this Lease remaining unpaid shall become due and payable at once and
may forthwith be collected by applicable legal procedures, and at the time the
LESSOR may forfeit and annul the unexpired portion of this Lease and enter upon
and repossess the said premises with or without process of law, and without giving
any notice whatsoever.
(D) Acceptance by LESSOR, of any ofi 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 any of the rights herein reserved to the LESSOR, or any of the penalties,
forfeitures or conditions herein contained, shall not in any way 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 collect the same by any other proceeding, but all of the rights
of the LESSOR and all forfeitures, penalties and conditions may be enforced
together or successively at the option of the LESSOR.
(E) 1n the event of a default in making payments due here under 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 LESSEE and in favor of the LESSOR, for
the whole amount of said rent as hereinbefore set forth.
(F) Upon breach of any of the covenants or agreement of this Lease or upon its
termination by forfeiture, default or expiration, the Prothonotary or any attorney as
aforesaid is hereby authorized to appear for and to confess judgment in an
amicab{e action of ejectment against the LESSEE and in favor of the LESSOR for
the premises herein described and to direct the immediate issuing of a writ of
habere facias possessionem with clause of fieri facias for costs, waiving all
irregularities, without notice and without asking leave of court.
' 02/17/2007 03.50 FAg 7172922144 DOVER TOWNSHIP .__ 17j002
!`GD ' lU GUU 1 !'!11 11 ~ ML ljti ,uuwl+W• •u,.a ua ..
(G) AH righ#s and fiablllties herein given to, or imposed upon, or waivers of the
respective parties hereto shall extend to and bind the several and respective heirs,
exect~ars, administrators, sc~voessors ahd assigns ofsaid parties; and ifthare shall
be mere than ane LESSEE, they shall be bound jointly and severally by the terms,
covenants and agreements herein and the ward "LESSEE" shall be deemed and
taken to mean each and every persvrt ~r part mentions as LESSEE herein, by the
same orte or more; and if there shalt be more than ane LESSEE,. any notice
required ar permitted by the terms of this Lease may be given by or to any ane
thereof, and shall have the same force and effect as if given by or to all thereof. No
rfghts, however, shall inure to the benefit of an assignee of LE55EE unless the
assignment of such assignee has been approved by LESSOR in writing as
aforesaid.
(N) The LESSEE shall tender to t.ESS(3R on or by March 1, 200'7, as sec~rf'ty far the
performance cal all terms, cavenat~s and ca~di[ions of this Lease, the sum of
$l395,OQ, which shall be retained by the LESSOR until the termination of the
~SSEE'S tenancy at which time said deposit shall be returned to the LESSEE,
provided however, that na money shall be returned to the LESSEE if the Ll;SSEE
has committed acts of waste ar damage to the said premises aver and above fair
wear and tear in which case the i_l;SS4R shalt retain all monies deposited as
security and the LESSEE shall tie liable for any excess veer and above that amount
which is necessary for the restoration of said premises made necessary by the said
hereinbefore mentioned waste ar damage.
IN WITNESS WHEREOF, the parties hereto have executed these presents the day
and year first agave writken, and intend to be legally bound her~iby_
SEALEp AND DELIVERED IN THE
PRf=SENCE ~F:
i~ ~~-SEAL)
Eliz eth Robison
~'~
W. Scott
W. SCOTT HENNING :COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. .
N0.09-4468 CIVIL
ELIZABETH ROBISON
Defendant
CERTIFICATE OF SERVICE
On the 3rd day of February, 2010, I hereby certify that a true and correct copy of
Plaintiff s Complaint was served upon the following by Certified Mail;
Geoffrey M. Biringer Elizabeth Robison
MidPenn Legal Services 29 Nathan Drive
401 E. Louther Street Enola, PA 17025
Suite 103
Carlisle, PA 17013
Harrisburg, PA 17110
(717) 238-2000
r / /~
DATED: ~ a~l U Attorney for Plaintiff
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
By:
W. colt Henni squi e
Supreme Court 1. . # 3 298
1300 Linglestown Roa
of cCI
Davii 1�. Buell Renee X Simpson
Prothonotary ; 5�. ' 1St Deputy Prothonotary
O �0 ._ rr�, oZ
RirkS.
Sofionage, ESQ Irene E. Morrow
Solicitor 1750 2ni Deputy Prothonotary
Office of the Prothonotary
Cum6er(and-County, Pennsylvania
iyq -44/425 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573
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