The URL can be used to link to this page

Home My WebLink About04-2414 1.......JL.4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PL~All Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ()/f. .:;J~/+, ~ 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. N1:) :eEL\~ \ e- ~\. (' ,\ 01. ("' Kl" ADDRESS OF AP~~lANT "- \ d..-\ \AI, \ (\ DATE OF JUDGMENT IN TH 5 -;;l.1o -0 i DOCKET No \...J-OOOO\\~-O~ I MO~: <. -01 I NAM~;rnt & 'S, R-e..v'\de r ~ITY STATE ZIP CODE , rpe--V\&~V('~ .~~~~. r- r'l" \\0 \.- bl e.. i"\. SIGNA1'RE OF APPELlA.NT~~NEY OR AGENT n~~.~ \ {~.57 c... \C\....... Ke. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100BB. This Notice of Appeal, when received by the 0" n t Justice, will operate as a '"'~"~:~r;~-' ~ ..~~~ ~ If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT Musr BE FILED within twenty (201 days after ffling the NOTICE of APPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PaR.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee. PRAECIPE: To Prothonotary Enter rule upon ----Do 1"'\ a \ d A . r: r\J Name of appel/se(s) J appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 'l)E'~ "(rI. c: ~ O~8PP./l8nto'8ttom.YO'8gent RULE: To \)c.)(\o.. \ cl A. Name of appel/ee(s) F r'1 , 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 seNice 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 YO Date: ''l ;,; ~;~::;."" ._~ -. o,m" .~_... m.';~; {J. Sig ute of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This proof of S(HVice MUST BE FILED V/!THIN TEN (10/ DA YS AFTER ming of Ow notice of appeal Check applicgtJie boxes.) COMMONWEAl.TH CF PENNSYl.VJ,NIA COUNTY OF AFFIDAVIT: (affirm) H1at i -served <3 corry or the Notice of Apoear, Common Ple;:Js No . upon the Distric, Justice desif]na!ed !hFJrein on {date of service} by persona) :;;ervicB by (certified) u-eqistemdl maP semJu(s recDlpt. attached hereto and the appeJ:ee, 20 by pemonal service (reglstoredJ (nail, receipt (SWORN) (AFFIRMED) AND SUBSCRIBED BEFm,E ME THIS DAY OF 20 $'qniJforfJ oFaffiiif)! Signature of officinl bef()re whom ilffi1ihrit was 'TIfv!e TWo of official AOPC 3':2A, 02 20 r-..:> G = 0 = -n .&" -1 (J, 0-, :3!: ft,pl .1' \)' ". I.' ' , -< :gm " ~ N --9 .{,.,. )G OJ 00 1~ }~I '0 ~,~, ,~ , "',.." v, \ V\ ':\ \ ~ C') ~, '.\. 'b --I ~ ~?: "::> :\, ~. :2 <.-''1 CO ~ ~ t \ >--: ~ \.>\ 1 '" I'j .... V'(, ~, ~ ~ " ;l \ r~ ~ ~ ~ ~ \. ~ 't My commiSSion expires on COMMONWEALTH OF PENNSYL VANIA COUNTY OF: CUMBERLAND 09-3-01 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF RESIDENTI~~E':,~~~S~ fFRY, DONALD A. 111 W.KING PO BOX 329 ~HIPPENSBURG, J Mag. Dist. No. OJ Name: Hon. HAROLD E. BENDER Add,,,, 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T"'phoo, (717) 532-7676 17257-0361 PA 17257 VS. DEFENDANT: NAME and ADDRESS IcLARKE, DEBBIE M 121 W.KING ST APT/STE 2 SHIPPENSBURG, PA 17257 L .J J DEBBIE M. CLARKE 121 W.KING ST APT/STE 2 SHIPPENSBURG, PA 17257 Docket No.: LT- 0000116 - 04 Date Filed: 5/03/04 .J &~- ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR Pf.lUNTIFF ~ Judgment was entered for: (Name) FRY, DONALD A. r.::l Judgment was entered against CLARKE, DEBBIE M LX.J Landlord/Tenant action in the amount of $ 88.88 on 5/26/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 525.00 _ Total Amount Established by DJ Less. Security Deposit ApJ;l,li.ed ; Adjudicated AmouDb Rent in Arrears $ .00 -$ .00 ; $ .0 Physical Damages Leasehold Property $ .00 - $ .00 ; $ .00 Damages/Unjust Detention $ .00 - $ .00 = $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ _ 00 UT Judgment Amount $ .00 Judgment Costs $ 88.88 Attorney Fees $ _ 0 a Total Judgment $ 88.88 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ DO Possession granted if money judgment is not satlslled by lime 01 eViction. Possession not granted. 0 Defendants are jointly and severally liable. in a . (Date of Judgment) 525.00. o o [!] Attachment Prohibited/ 42 Pa.C.S. S 8t27 This case dismissed without prejudice. Possession granted. 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 PROTHONOrARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DArE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONL Y THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT JF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE ~ REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, )R OTHERWISE COMPLIES WITH THE JUDGMENT. .5-.J.C: .-{l%ate #~ t.- ~ , District Justice ce-rtify that this is a true am! correct copy or the record of the proceedings containing the judgment. I Date , District Justice ~v commission expires first Monday of January, 2006. c<: AI JPC315A.03 0 ...., 0 = c = ..., ~ ..r:- -Vf-n <- X:n !:p fT~ c: z 01.-- <<.0._ ..~_.' 'urn ZC I ~~f: ~~ ~t.~:~ ~,~ ",. o-H L' :3: 20 ;;:;<::5 drn c: -~ ~ '-,,> U1 :D .&:" -< PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (TlJls proof of service MUST BE FILED WITH/N TEN (10) DA YS AFTER filmg of the nO/Ice 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 No.(JLJ... d.4l'1, upon the District Justice designatod therein on (" (date of service) 5 - J.'g , 20 01.{ : ~ by personai service by (certrned) sender's receipt attached hereto, and upon the appeHee, (name) ,-'t~\_~,,~. \=,r'f :J -;1q J ,200:1 0 by personal servrce 'ifJ by (cortllred) (regrste'edl mail, sonder's receipt attached hereto, mali, , Of! ""b~_'ffi,-~__ Siqnetofe of Dffmnl Tite o~c@-{1 (1 ~J1) hI Ie My commission expires on E t b c; 200 go ~lHOF~VANlA NOTARIAL SIAL PAMElA A. SWITALSKI. ,., NIle 81.1,...' w".1Wp.~':lIl..C: Mr~..1 ...:..~- AOPC 312A ~ 02 .~. ~. e.,.. """"" >. ''''', ~., . ...,~~:......~ .":""........-""'''''7~''''..:.~~~'~q>~W~~"..,..'..1!'''''.''r~. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ()II. .:J"I'/1' ~ 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. \.... T - 0 0 00 t:Y~,,~ 0 ~ This block will be sighed ONLY when this notaper.l'/s 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, 1008~. ," " '. This Notice of Appeal, When received by'the O. tn t JtJstlce, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS t9~h!l:judgment fofp.ssessi n i thi&case. ~ . ,.' ' " _ ' ' , (20) days after filing the NOTICE of APPEAL. , ' .j .,- -..L.. '; .., 81)'orDeputy " '. :__,.......'4. "'._ . '.. .., PRAECIPE'TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appeliant 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 appeai to be served upon appeliee. PRAECIPE: To Prothonotary Enter rule upon ~() f\ 0. \ d N'!:. 0; ,ppe,,!.) r ~ appellee(s), to file a complaint in this appeal (Common Pleas No, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. l)eU~tJ\.~o Signature of appellant or attorney or agent RULE: To \)() nQ, \ d Name ol aR~lIee(s) " (1) You are nOJIlle\l that a "'le'i~'h~~bY entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon ~ by personal service <jf'l>y ,certified or registered mail. ..-.: \...~ : .' (2) If you<Jo not file a compiaint wlthinJrns\ime, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YO ,- _'. _.," .I A. F r'l , appellee(s) Date: um~' ~8' ,20ii'l 1- #' (3) The.ttate of service of this ,rule"if sf,l~ipEf"as by mail is the date of the mailing. ,- . ~:-'r.'~ . YOU MUST INCC.UQE ~ CO\:iy,QFTHE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL, . '.\.,....."'':'..............''-..,. , AOPC 312-02 COURT FILE "" DONALD A. FRY, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : OF CUMBERILAND COUNTY, : PENNSYLVANIA DEBBIE M. CLARK, DEFENDANT : CIVIL ACTION - LAW : CIVIL TERM 0 If - '2- If (If 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 THE COMPLAINT AND NOTICE ARE SERVED, 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 JUDGEMENT 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 AFFORID ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THA,T PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DONALD A. FRY, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA DEBBIE M. CLARK, DEFENDANT : CIVIL ACTION - LAW : CIVIL TERM COMPLAINT AND NOW, comes Plaintiff, Donald A. Fry, by his attorney, Duncan, Hartman, & Douglas, P.C. and makes the following Complaint: 1. The Plaintiff, Donald A. Fry, is an individual residing at 111 W. King Street, Shippensburg, Cumberland County, Pennsylvania 17257'. 2. The Defendant, Debbie M. Clark, is an individual residing at 121 W. King Street, Apt. 2, Shippensburg, Cumberland County, Pennsylvanicl17257. 3. The Plaintiff is the owner of a four unit rental propE~rty located at 121 W. King Street, Shippensburg, Cumberland County, Pennsylvanicl17257. 4. The Plaintiff and Defendant entered into a Lease Agreement on January 28, 2000, for a one year lease term with a monthly rental payment of $525.00 per month due and payable on the first day of each month. A copy of the Lease Agreement is attached hereto and marked Exhibit A. 5. The Defendant has refused the Plaintiff the right to enter the said apartment on two separate occasions. The Plaintiff, as the landlord, has the right to enter the premises under Section 15 of the said lease. 6. The Defendant has not paid her rent by the first of the month on numerous occasions as in required under Section 4 of the said leasEl. 7. The Defendant has interfered with the peaceful and quiet enjoyment of the other tenants in the apartment building which has resulted in other tenants not renewing their leases. 8. The Defendant has been given her notice to vacate the said apartment but refuses to move. 9. The Defendant has failed to pay her rent for the month of June, 2004, which is due and owing in the amount of $525.00. 10. The Plaintiff further demands that the Defendant be evicted from the property and possession of the apartment returned to the Plaintiff. WHEREFORE, Plaintiff requests this Honorable Count to enter judgement in his favor and against the Defendant in the amount of $525.00 plus costs and possession of the property located as 121 W. King Street, Apt. 2, Shippensburg, Cumberland County, Pennsylvania. ~~~~~ Duncan, Hartman, & Douglas, P.C. 1 Irvine Row Carlisl&, PA 17013 (717) 249-7780 10# 61886 JUN-04-2004 15:24 FROM:DUNCAN HARTMAN 7172497800 TO:717 530 1314 P,3'3 VERlFlCAOON I Donald A Fry, make this verification being authOlrizecl to dO so, state that the facts set forth in the foregoing Complaint are true and corred to the best of my knowledge. I understand that false statements herein are, made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsiftcaticln to authorities. ~/G\ y; DONALD A. FRY 0 \\"'-v' \r LEASE AGREEMENT Date: . JailUary 28, 2000 THlS IS A RESIDENfIAL LEASE. IT IS A LEGALLY BINDING CONTRAcr BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULILY. TIllS RESIDENfIAL LEASE CONfAlNS WAIVERS OF YOUR RlGlflrS, AS A TENANf. EACH TENANf SHOULD NOT SIGN TIDS LEASE UNTIL EACH TENANf UNDERSTANDS ALL OF THE AGREEMENfS IN THIS LEASE. I. NAMES OF LANDLORD AND TENANT Name oflbe Landlord: Donald A, Fry Name ofllle Tenants; ueDDle L;larK' :>erena J:lrown - Virginia Fry Scon: Brown Daughter (5010) l'rimary Rent Support 2. LEASED PREMISES TIle Ifa~(d pre"J.i~es is the place U,al landlord agrees to lenM tv tennnt. bTI1e .Ieosed premises is: PA 121 West Klng Street, Apt. 1F2 ~nlppens urg , . . . , (Address) (City) (Stnte) Cumberland (Connty) 3. STAR1'JNGAND ENDING DAl'/IS OF LEASE AGREEMENT 'l1,is lense starts at 12:0 I A.M. on February 1, 2000 "Ibis lense ends at II :59 P.M. on January 31, 200l, 4. RENT The nmount of rent is; $525 .00 each monU.. Tenant agrees to pay the monthly rent in advance 011 or befhre the first tlny or em~h month. Tenant agrees to pny the lust month's rent on or before the date oflbe start oflbe lease. Landlord does not hove to ask (MAKE DE/l1AND UPON) tenant to pay the rent. Tenant agrees to pny rent by first claas mail postage prepaid or in person to landlord ot the place specmed by landlord. Tenant agrees to pay a LATE CHARGE of five dollars ($5.00) per day if tenant does not pay the rent by Ihe 5th of ench month. TI.e late fce of five dollars per day will be retroactive to the IsI of Il,e month for rent received nner the 5th of the monlh. If tennnt mails the renl to landlord, Ille dote of payment will be thc dote tbe lctter is postmllrked. If Tenanl requests a receipl by mail,lenant YIUSt supply to landlord a self-addressed, stamped envelope. 5. SECURITY DEPOSIT Tenantageees to pay 0 security deposit of $..525,00 Tenanlagrees 10 pay Ihe security deposillo landlord before the lease starts and before landlord gives possession of the leased premises to tenant. }_ '" , Landlord can take money from the security dep~sillo pay for any damages caused by lenant, tenanl's family and tenanl's guests. If all keys issued to lenant are nol relwned 01 the end of this lease 18l1dlord C8I1 take nxlOey from Ibe security deposit to cover the cost of a lock change. Landlord may take Ibe security deposit to pay for any unpaid ren~ andlor unpaid utilities. After taking out for dall1Rgas, lock changes, mpaid rent, and unpaid utilities lan,Uord agrees to send to tenant any security deposil money len over. Landlord will send the rell1Rining security deposilll1OlIey to tenonl no laIer than 30 days aner the leilse ends and lenanlleaves. Landlord also agrees to send to tenanla writlenlist of dnlllnges and amounts of m'mey taken from U,e security deposit. '[enantagrees to give landlord a written forwarding address when tenanlleaves' and U,e lease ends. Failure oflenant to provide the landlord with a new address shall re~ieve the Isndlord of any responsibility to return the security deposit. Tenant may nol Use the security depositos pnyment ofUle last monU,'. rent. 6. LANDLORD'SDUTY AT THE START OF THE LEASE Landlord agrees 10 givelenanl possession of the leased premises on the starting date of the lease. The lease will start even if lRlldlord C8lU101 give tenant possession of the leased premises because the prior lenant is slill in the leased premises or if U,e leased premises is damsged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE ro PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PREMISES 10 TENANT. 7. DAMAGE TO LEASED PREMISES Tenanlagrees to notifY landlord immediately if the leased premises is damaged by fire or My other cause. T el18nt ogrees to notify landlord if there is any condition in Ibe leased premises that could damage Ibe leased premis"s or harm tenant or others. If lenanl C8lU101 live in the whole ieased premises because it is damaged or destroyed, tenant may' I) live in Ille undamaged pari of the leased premises and pay less rent until the leased premises is repailed. OR 2) end the lease and leave Ille leased premises. Tenantageees Ulat if the leased premises is damaged or destroyed and tenant end!s the lease, landlord has no further responsibility 10 tenant. 8. INSURANCE Landlord awees 10 have insurance on the building where Ihe lensed premises is locnted. Tennnt's 0\\" properly Bnd liability is not insured by landlord's, insurance. Tenanl is responsible for lenanl's ownp"'pcrty thol is locul,'d in the lensed premises, nnd lenanl's Iiabilily althe leased premises. 9. ASSIGNMENTS OR SUBLEASES BY TENANT ASSIGNMENT (OR ASSIGN) is Ihe legal leon for a Iransfer of the lease from th" tenanllo anolher person. 11,is oU,er person U,en becomes the landlord's new ten anI and takes over U,e lease. Tenant agrees nol to transfer (a.uign) this lease to anyone else withollllhc wrilten pennislIlion of the landlord. ASllb/eaJe is a separale Jease belween the lenant and anolher person who leases 11]1 or a pori ofUle lellsed premises from Ule tenanl. Tenanl agrees not to lease (slIb/ease) all or any part of UIe Jease premises 10 anyone else without U,e written consenl of landlord. Tenant awees thai if tenanllransfers Uns lease (assigns) or leases all or a part of lhe leased premises to onothcr (S1/blease), wilhoutthe written eonsenl of Landlord, lenant has violated this lease. /0. RESPONSlBILlTY FOR DAMAGE 1'0 PROPERTY OR INJURY TO PEOPLE Landlord is responsible for all damage to property or injury to people coused by lalllUord (or landlord's representalives) inteotional or negligenl acts at the leased premises. Tenant is responsihle for nil <I.,n"'ge 10 Ihe I,,,,ed premises und iniury to people coused by tenanl, tenunl's rumily or guests. Tenunt agrees UllItlandlord is not responsible to tenanl, lenanl's family or guests I('r d:unl1ge or il~ury caused by waler, snow or ice that comes on the lensed premises unless landlord was negligent I I. USE OF LEASED PREMISES Tenant agrees to Use the leased premises only as a residence. Tenant agrees 10 obey all federal, slate and local laws and regulations when using lhe leased premises. Tenanlagrees not to store any /lanumble, hawrdous, or loxie ehemicols or substauces in or arOlmd U.. leased premises. Tenant agrees not to do any activities in or around the lensed premises which could hann anyone or damage any property. Tenanlagrees that tenant will not allow more Utan ~ people to occupy the lea"ed premises wiUlOulthe written permission of landlord. Tenant shall have a rigllt to ifi'ite to the leased premises, for a reasol\8ble periiod of time (not to exceed fourteen da~ without the written consent of landlord) guesls, family, or visitors so long as his obligations as a lenant under this lease are observed. Tenant agrees to take the premises in "as-is" condition. II is agreed Utalany imp;ovements made by the landlord or landlord's agenl are for the benefit of Ihe tenant and no deduction in renl will be allo""d during U,e "urk period. lne following improvements will be made during the period of Newly remodelea ; Tenant is aware that conslruction dirt may result from the improvements. Landlurd, at Inslber discretion may do general repairs or remodeling in addition to this list. 12. RULES AND REGULATIONS Tenant agrees to obey all rules and regulations for the leased premises. Iflenant violates any rules or regulations for the leased premises, tenant violates lIns lease. Tenant is responsible for recycling as per Borough or Townslnp codes and regulations Any violation oharges due to failure to abide by recyoling regulations will be paid by tenant as additional rent. , Tenant will not make any alterations to the leased premises WitllOUt U.e prior wrillen "onsent of landlord. Tenant agrees that walerbeds or any other liquid filled furniture is not pennilled in th" leased premises. Tenani shall nol disable the smoke deteclors or oU,er fire warning or fire protection devices. Tenant shan notify landlord immediately if a smoke deteclor or fICe warning or protection device is not in ,,,,,king order. Any false alarms caused by tenant nhieh result in charges or fees to.lbe landlord will be paid by tenant as additional rents due. . Tenant shall pay a service oharge of $25 if a check given to pay rent is returned for insuffioient funds or other cause within the oontrol of tenant. Upon receipt of a returned check, landlord rese""s U,e right to refuse poymenls by check and require all future poyments 10 be in I,1lIsh, certified funds, or by money order. Tenant agrees that tenant willnol keep any peta on the leased premises. Tennnl agrees Utal tenant will not allow tenant's guests or oU,ers to have or bring pets onto the leased premises. If any pel is found, ilm\lst be removed inunediately and a charge of $50 per pet per month, relroaetive to lhe beginning of the lease will be charged as additional ,,'nl due. , Lead WnI'ning Slalemenl l'lousing built before 1978 lI1ay contain lend-based painl, Lead Ihun p:lilli, paint chips, alld dllsl can pose heallh hazards jf not taken care of pmperl)', Lead exposure is especially harll1lhl 10 youllg children and pregnant women, Before renting pre-I 978 honsing, landlords II1\1S1 disclose the preseuce of kllowII leatl-based paiut and lead-based. paint hazards in the dwelling. Tenants II1l1S1 also rcech'e a redemlly approved pall1phlet on lead poisoning prevention. Lessor's Disclosnre (initial) , ~, (a) Presence of lead-based paint aud/or lead-based paillt ha>:ards (check olle bclow): [ J Known lead-based paint and/or lead-based paint hazards arc presenl ill lhe housing (explain). No Lead BAsed Paint - Newly Remodeled DisclllSUl'e OfIllf'ormatioll 011 Lead-nlls~d }'lIintalld Lead-UlIsed l'lIillt Bnzanls -------.------------.--..-..---.--. .----.....---- --------------- I I Lessor has 110 ,,,,,,,,'/edge offead-I","cd I'"illl alld/or lead..lm"cd pai!11 ha7.:l1lls i" the bousiug. (b) Records and reports available to the less"r (eheck olle below): I I Lessor has provided Ihe lessee ,~i[h nil a,.ailablc records ",,,I reporls perlaill;lIg to 'cad-based paint aud/or lead-based paiut hazards illtbe housillg (list docull1euls below). ----..--- -.--...-..--.----.--... -.'-''''.--- [ J Lessor has no reports or records pertaiuing to Icad-based paint and/or lead-basetl paint hazards in the housing. Lessee's Acknowledgment (initinl) (c) Lessee has receil'etl copies ol'all inforll1alionlisted abol'e. - (d) Lessee has receh'ed the pall1phlet I'mlec:1 }"ou/'/'i.rmil.l'.{iJII'I1 Lead il/ rou/' Home. Agent's Acknowledgment (initial) - (c) Agent has infonned the lessor.of (he lessor's obligalions nuder 42 U.S.c. 4852 (d) and is aware of his/her responsibility to ensnre compliance. Certification of Accul'ncy The following parties have reviewed the inforll1alion abo\'e all" certil~'; (0 the hest or Iheir knowledge, that the infonnation provided by the signalory 's true and accurate. Virginia F Donald Fr XS' co Lessee ~ Lessor _._----~----- Date 1/28/00 Date -----.-- Lessee Dale Lessee Date Lessee Dale Lessee ----- "- Date Lessee -------.- Dnte Agent Date Date Agent Tenant agrees not to install any (lie conditioning units in the leosed premisl~s wilhollt the written consent of londlord. . Tenant must inunediately conlact landlord iflhe heal sourcb fails. Tenanlngrees to mninlain ,nninimum tcmperalure in premises of 55' F, and if heal is pro\1ded by landlord, a maximwn temperalure of 70' F. Service dales will be Irom C\;lober 15 UlCOugh May 15 if landlord provides heat. Any freezing of pipes will be'lhe responsibility of the Tenant. Tenant agrees not to IIse kerosene healers or electric space healers, or any oU,er portable heaters wiUlOutlhe prior written consent of landlord. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBOR/)/NATION) Subordinate and aubordinntion are legallenns Ulatmean that Utis lepse does not haw any eO'cct upon Ihe rights of Ihe landlord'a mortgage company. In other words, lenants rights Wlder this lease are subordinate to landlord's nlO11gage company. If landlord does not IJ1Dk. the mortgage payments, the II10rtgage company may /1av.,'!he right to end the landlord's o\\11ership of the leased prentises. If U,e II10rtgage company sells the leased premises at a mortgage foreclosure sale, the lease may end. Tenant agrees Ihat landlord has U,e right to mortgage the leased premises. If landlord has a mortgage on the leased premises IIDW, or if landlord gets a mortgage in the future, tenant agrees that this lease is subordinate to the landlord's mortgage. 14. CARE OF LEASED PREMISES Tenant is responsible for, 0110 will take good care or,lhe leased premises and (111 oflhe property in Rnd nround Uu:: leused premises. TCllunlllgrccN lu puJ' Ii)!" 1111)' ullIlV1gt.! CIIUl'lcd hy IClJunl, lellllu('s lilluily 1I1U11c1li1l1l1'1'I guc~ls. Towlllt "l.Uccs 10 hllll uvcr IlOsscssinn "flhe leased premi!ii:es to landlord when the leasc ends, Tenant agrees to pay for any routine maintellance or repairs required 01 Ule pmmises (hat is the result of lena nt's actions, such us clogged drains and commodes, -tom window screens, and similar jobs. If landlord, ltis agent, or contractor, perfomlS any work 01 the premises os the result oftenant's actions, tenant "ill be responsible for Ule entire cost oflhe"e repairs as Rdditional rent due, payable IIDt later than the first day of Ihe nexl month. 15. LANDLORD'S RIGHT TO ENTER LEASED PREMISES Tenanl agrees that landlord and landlord's representatives have the right to enl"r the leased premises at reasonable times. Landlord and landlord's representati,,,,s have the right 10 inspecl, to make repairs, 10 do maintenance, and 10 show Ihe lellsed premises 10 others. Any dalJ1Dge observed by the landlord should be repaired irmnedialely by lienant at tenant's eXpense. Any damage not immediately repaired IJ1DY be repaired by Ihe landlord and charged to the lenant. Payment must be paid by tenant 10 landlord upon receipt. Failure to make inunediate repairs or payment is 0 violation of this rental agreement. 16. UTILITY SERVICES, Landlord and tenant agree 10 pay for the charges for utilities and scrvices supplied to Ih. leased premises os follows: Charlze or service: Circled Party will pay ror Ihe ufillly/.ervlce IndicRled " Television cable Electri.lo premises Water service Natural Gas Refuse collection h...~. ......:."hmanee Tenant Landlord enan Landlord Tenant CLandlordJ CTeiiiiiib Landlord Tenant (Landlcrd~ Tenant Landlord Snow and lear removal' Whl~1 SvR...uGr~s Sewer charges Parlw.g fea Pesl Conleol chlocges OU,ee: Tenanl Tenant Tenant Tenant Tenant Tenant ~ S)dp~)k L:~~ord ThQ \<, "':) to + CLandlord"J Landlord C1I1,lIdlord J Landlord Landlord has U,e right to turn 01T temporarily allY utility or oUler service to Ijle leased premises in order to make repairs or to do maintenance, 17. GOVERNMENTAL'POWER OF EMINENT DOMAIN Eminent domain is the legal nome for the right of a government such os Ule slale or COWlty or city to take private property for public USe. The gOV=enl must pay fair compensation to anyone who has any right in Ule pwperly U,al is taken by Ule govemhient. If all or any part of the leased premises (or the building wiUlin \vbicI. the leased premises is located) is token by eminent domain, this lease will end automatically. Landlord and lenantagree to release each oU,er from any n"ponsibility because leased premises i. taken ,by eminent domain and the lease has ended. 18. VIOLATIONS OF THIS LEASE Y/HEN EITHER LANDLORD OR TENANf OOES NOr 00 SOMilTHING THAT TIJEY HAVE AGREED TO 00, n' IS A VIOLATION OF THIS LEASfl. IF TENANT VIOLATES THIS LEASE, lENANT MAY LOSE TENANT'S SECURITY DEPOSIT. IF TENANT VIOLAlES THIS LEASE, LANDLORD ALSO CAN SUE lENANT FOR OTIffiR EXPENSES AND MAY SUE TO EVICTlENANT. , EACH TENANr SHOULD NOT SIGN TIllS LEAsE UNLESS EACH TENANf HAS READ AND CLEARLY UNDERSTANDS TIffi INFORMATION IN TIllS SECTION ABOUT LEASE VIOLATIONS. , THIS IS A JOINT AND SEVERAL LEASE I 1H1S IS A 1000 AND SEVERAL LEASE. THIS MEANS 1lIAT ALL THE TENANTS /IS A UROUI' AND BACH OF nm TENANTS AS AN INDIVIDUAL ARE RESPONSWLE TO LANDLORD FOR ALL OF nm AGREEMENTS OF 1HIS LEASE. FOR EXAMPLE, IF 1HE RENT IS NOT PAID, LANDLOIfD CAN SUE ALL OF 'I1IE TENANTS (SOINTL Y) FOR ANY. UNPAID RENT, OR, LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OF nm UNPAID RENT. TENANT VIOLATES THIS LEASE IF TENANT I) FAILS TO PAY RENT OR OnmR CHARGIlS TO LANDLORD ON TIME OR, 2) LEAVES (ABANDONS) TIlE LEASED PREMISES wrrnOlTf TIlE LANDLORD'S PERMISSION BEFORE nm END OF 1HE LEASE OR, 3) DOES NOT LEA VB TIlE LEASED PREMISES AT'I1iE END OF TIlE LEASE OR, 4) DOES NOT DO ALL OF TIlE 11llNGS 1lIAT TENANT AGREED TO DO IN 1HIS LEASE. IF TENANf VIOLATES TIlE LEASE, EACH TENANf AGREES TO WAIVE NOTICE TO QUIT. 1HIS MEANS 1lIAT TIlE LANDLORD MAY FILE A COMPLAINT IN COURT ASKING FOR AN ORDER EVICTING EACH TENANT FROM TIlE LEASED PREMISES Wl'lliOlTf GIVING EACH TENANT NOTICE TO QUIT FIRST. LANDLORD DOES NOT HAVE TIlE RIGHT TO THROW TENANT OUT OF THE LEASED PRBMISES (SELF-HELl' EVICTION). TI IE LANDI.ClRO CAN ONI. Y EVICT TENANT BY COURT ACTION. THE LANDLORD DOES NOT I lAVE THE RImff'm SUE IN COURT FOR EVICTION UNLESS A TENANT HAS VIOLATED nm AGREEMENTS IN 1HIS LEASE. EVEN THOUClH EACH TENANT IS WAIVING NanCE TO QUIT, EACH TENANr WILL HAVE A CHANCE IN COURT TO CHALLENGE TIm LANDLORD'S CLAIM FOR EVICTION. IF TENANT VIOLATES TIm LEASE AGREEMENT, THE LANDLORD MAY SUE EACH TENANT IN cOUln: I) TO COLLECT OVERDUE RENT, LATE CHARGES AND MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF 1HE AGREEMENTS IN TIlE LEASE. 2) TO RECOVER POSSESSION OF 1HE LEASED PREMISES (EVICTION) 3) TO COlLECT FOR UNPAID RENf UNl1L nm END OF TIlE LEASE OR UNTIL ANOTHER PERSON TAKES POSSESSION OF 1HE LEASED PREMISES AS A NEW TENANT. TIllS UNPAID RENT SHALL BECOME IMMEDIATELY DUE AND PAYABLE AS IF BY 1HE TERMS OF TIllS LEASE AGREEMENT IT WERE DUE AND PAYABLE IN ADVANCE. Tenant agrees that landlord I11llY receive reasonable attorneys fees as part of a court judgment illalilwsuitagairisl lenant for violatiOll of the agreements of the lease. 19. OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT BY SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN TInS LEASE. EACH TENANT SIGNING TInS LEASE AGREEMENT AFFIRMS THAT THEY ARE 18 YEARS OF AGE ~ER ON THE DAn: SIGNED. SIGNED BY LANDLORD: Dona1~,.e.., ~ . DATE: 1/31/00 WI~SEDB~ SIG~>~~(S): ~ers X _Jt1A-.------.-:::: ~ATE: ;' ~ 2'6/('):::> / DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: p :;:.-': ;:?':~t; ....}r-r-, ~.?:! ~/) l-'~ r-< -~ ~(~; d2:.- ~.',-i ~Sd (. ...:::.: ../ -~ , (Xl ~ <=> .c- ~ ~:JJ -or- ~Z 0-'; ZC') om _:t~ ~) -< e "'" ..,.... "'" :z - .. DONALD A. FRY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. DEBBIE M. CLARK, Defendant : CIVIL ACTION-LAW : CIVIL TERM 04-2414 ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant, after reasonable investigation, is without information sufficient to form a belief as to the truth of the averment and demands proof at trial. 6. Admitted in part. It is admitted that on several occasions Defendant has not timely paid her rent per the lease. By way of further answer, however, on each of these occasions, Defendant has notified an agent of the Plaintiffthat she would be late with her rent, which arrangement was approved by the said agent. Denied that lateness occurred on numerous occasions. 7. Denied. Defendant, after reasonable investigation, is without information sufficient to form a belief as to the truth of the averraent and demands proof at trial. 8. Admitted. 9. Denied. June rent is in escrow with the Cumberland County Prothonotary as is required by Pa.R.C.P.DJ.No.1008. 10. Denied. Plaintiff is not entitled to a judgment for possession as set out more fully above. WHEREFORE, Defendant requests that this Honorable Court dismiss the Plaintiffs Complaint and enter judgment for the Defendant. ~k~ l , Geoffrey M. Biringer, Esquire MidPenn Legal Service 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ID # 18040 I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsifications to authorities. ~JQ~Q ~- (:0 ~A ebbie M. Clark 0 '" c- => 0 => .. ..,.. -n ..,,") .. ( -t " (::: ::'1: -fl r-- rnp -om U1 ""y ;5 ( - ~S~ ):;'.. \_; J'; ~i = ,'-\ " ,"-,' .;,--1 :~ Ul sJ <..> .< DONALDA. FRY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEBBIE M. CLARK, Defendant CIVIL TERM 04-2414 PLAINTIFF'S ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES I. Donald A. Fry, landlord Donna Summers, employee for landlord clo Cumberland Valley Rental 111 West King Street Shippensburg, PA 17257 2. Through verba! and written complaints from other tenants in the same building which is a four unit apartment building located at 121 West King Street, Shppensburg, PA 17257. 3. In January, 2003, a smoke alarm went off during the night in the apartment of Debbie Clark which set off the central alarm in the building. All of the tenants in the building went outside. The following day, Donna Summers called Debbie Clark requesting that a maintenance person be pennitted to enter her apartment to checkout the problem that set off the alarm. Debbie Clark stated that the problem was taken care of and the maintenance person was not pennitted to check the problem. In January, 2004, Debbie Clark called Donald Fry in the evening and stated that her furnace was not working. Donald Fry went to her apartment and asked to check her thennostat, at which time she would not allow him to enter her apartment. March 17,2004, Debbie Clark came to the place of business of the landlord and stated that something was wrong with her toilet. Donald Fry talked to her by phone when Mr. Fry told her he would have maintenance check the problem. The following day maintenance went to the apartment, but they were not pennitted to enter the apartment by the daughter of Debbie Clark, Serena Clark. 4. Attached as Exhibit "A", is a three page ledger of the rent payments of Debbie Clark from February, 2000, to May, 2004. In her lease, Debbie Clark agreed to pay her rent on the first of every month, which condition was breached on various months as is shown on the attached ledger. Attached as Exhibit "B", are a number of written reminders to Debbie Clark that her rent is overdue. 5. Numerous complaints from previous and current tenants of the loud and sometimes violent fights between Debbie Clark and her daughter, Serena Clark. Some of these disturbances resulted in the police being called to the premises. As a result of the fighting between Debbie and Serena Clark, the Court of Common Pleas of Cumberland COWlty, Pennsylvania issued an Order to Appoint a Court Appointed Special Advocate for Serena Clark on April 13, 2004. A copy of the Order to Appoint is attached as Exhibit "C". Copies of two letters written by a previous tenant showing the reason she no longer wished to rent her apartment because of the noise from the apartment of Debbie Clark are attached as Exhibit "C" and "D". 6. As previously stated, the complaints were both written and verbal from previous and recent tenants. 7. See attached list of previous tenants who complained, either verbally or in writing. The said list is attached as Exhibit "E". By: ~OQS\.~t:.~~ George F. Douglas, ,Esquire Duncan, Hartman & Douglas, P.C. One Irvine Row Carlisle, PA 17013 (7]7) 249-7780 ID #61886 Attorney for Plaintiff CERTIFICATE OF SERVICE I, George F. Douglas, III, Esquire, counsel for Plaintiff, hereby certiry that a copy of the foregoing Plaintiff's Answers to Defendant's First Set of Interrogatories has been served upon Geoffrey M. Biringer, Esquire, MidPenn Legal Services, Eight Irvine Row, Carlisle, Pennsylvania 17013, by regular mail. Date: ~ . 3 I ~ot.f b ~,~~ George F. uglas, m, Esq Attorney for Plaintiff Exhibit "A" "'r:'~'~' R,.,,:}.:::}:. t~:I\< .lr.-bl",.;)Tl l'I~.rLe' . .... , "."l ,...., e,i-I!ooo".! . W. Ul.. . I.U. y " ''',',. " .... I' .w..,i......,.... '. "j..l',. V. '''-- +1--"" . '1'.;:gJim:.:~.t.tiodolri~8A:{'!I'VV ."\IY\o- -rr:'J\' '."L '," '"'''''1''''''' I,Up'''''' ~ . :it~".'~ . I .!:;. .;";:.~' ;~i ;,' ;:i'. I"I.~.=' ~ ~. I 2 3 @J ~M.n..~ r- ~ ~~ [Ill A - I 2 I': 3 . .4 ....:, 5 l ~/1r 1">1 ;:nf~~6 ! t, I, rii},..7 7.Mt. . .':;,:; . :l'l::'I~' 1!ii~ l.'i~ . . t:\"i3 I..; 14 1511l111J! 16/UIY ;"""171/1: ( . . 18 I 5o.f:"19 20 I 21 ~ 221~OI 23/1 rt 24 l:ll IIr ,( 'PV )/ IJI 25 26 27:/1 28 .29 30 1 Y~ 31 111'I1/ I 32 4)/1 33 34 35 I 36 -: !i"":\ Iod ~&J7 , -,'t" . '':'''38 ! 39 P.l , , . ~ , ,-, j I ; j.' , I i .. ~'t: :~~ ::;:1-' -:-g:._'______ . .' I hi~ ---.. L~it ill - . LUll 1 - ~ ~~ - .- - - - .- -- - -- - - 1< H1a ~~ < - - ') - ~ - . .- s r ~,.. ~ I) .- - -- 1=- .. -I- .. - - - -- - - r- -I- - foe ~ ffL ~ - - - V - -I- - ;..- Iv~ -I- - -_. - - " - . .. - - - - -" ~:;. ftlAl I (J lLt-"= "'IPlr,;' " "'..".'dB, -~- 6 7 8=- ~Itt~ : - - -----.-- -- " '-.. -. .... . - ""'I II r, -.-= - - . ~ ~ .~- .1,.. - --I ~! '1 -. h -'.'_u. f'l-Ui - - _. :==::- .rt~ '11 lllx=.il .:1""'"11 PC,,, . . II - - -.- - - .. l "" JI _... _-. h "'111 :~~:~~ ----.: _I.'ll~: I 0':" - - - r-- '. . - .. .... '/iJ-..J.: l1t -~- =~~ ~: :: .~--1f:' .. - - - - -. ". - ~~I:' --- . - -IL ~Jtf~ - ----. -r~ _.. ' l I 2~ ?J- 2S -_ = ~1Wf ~'" - _'_ WIDI 2e __ ~OJ ~ 29 .. -r- ---1m: ~:~ , ,., - - -.-, -,.. - < - - - 1<' - - - .. - - , - ; 'J>'L - g - .hI: _ rr. - ~ . ~- I- _~. C ,R!' I ( .ml ~~ tl.'Af 'IJ'~ - - -m. J ----- "- '" J.' J t- I ~ 35 1~~J6 _J2JJ~:/tJo' 37 ~-Irl\l\ __ _ . J.j~~~ 3e b.:: J" C! 40 ___~ 0 -- --- ..,;:.':: !I "1.' . 2 . ~ ~- 3 _III . \A...{ - I IJ 2 cql/WR 3 1. I~' 4 - - -- ----- - ...- - -- - -- .-----.-- '- 5 r. '.'';1;'' ., "~".~ 6 " ~', , "7 '5. I YiI ':,.~-"",:.:, }j'!;!'8..'::,i'i 'I"'''' . kf'II , .,,' :'::'io J!I; I, ' :~;'HI~';' N'~.:12 . ! !. ".'" ;'~13 II~nlllL::'cl ---- -.- - - - -1-- - - -- - - - -r--- '-"t'mI'~" :J!;i>:: , Prtll...1t 0, --- A"III....d I, ---_. - - 5~ 6 7 ':tQ--= -- .1~~[~ _ - --.-..-.-- '- '-. .----.1 lij'~ ~:] '. - Qi ": = ~~_ _ r-_~~--___ --~l a~"~ tJ[ , '1[1~ - -_ 1 '/Q,r. ~~~! . . I"r/cJIi 1'1 V"f; ~i: t.J~~11 .~:. I lJl ~... ~TD'~i' iJ}f'L~ 13.' " 11', :'.:~I:: - - - - 1- ~.J. l':: ... IMG 23 DIN ~ ?'" -- --_. ~R ~f - - 3 27 ,- - - - - --. - '. - -'l~ 21 - - -. .:m~4~ s 2~ r-- -- - -- -I -.J.,,})( _ _ __. ~/;ltr\'Z.)1 'U1b:: :.. ,~ 3. - ----.- - --- - -- ..- - -. - - --.---.--. r-- - - '- -.. - ,_. . _ _ _ _ __. ,- - ------ - - -_. -' -- - -...-- -- - - - - --. '. - - .. -_. I~ 15 16 .!. .17~ 8 . - - - - - - - -I- - - - - ~----.- ---~-- , -----.- - - - ....--- -_. ,- .' -':: .- - - - - - 'h .._ _ . _ 'h _. --._---""- ..- I - - - - - - _ .._._ _ _ _ _ _ _ _ _ =- - - - - - - - - - - - - '-. - - - - - - - - - - - - -.-.. - - - - --- - -- - - - U '- - - c - - - ; ~ - I" - - - - - - ~I- V - - - - - 1"\ - - - I'r - - Ie - - -r-- =If .- - - ---. -.. ". _h. _ .--- -- -- - -- , .11 20 21 22 23[1 II 2~ 25 !D' r 26 27 28 211 30 1'1 r 31 32 II, 33 3~ VL r\ ~-hJ~: ~ VIf'L ..... - Ui5 35 ("'3611 ~~7 I';:,:,:; I '. ,.'1 :; .~O ,j I:' : .,. - ~~ - ~~- 1l -- - 1 -- _J / -_. -L .-- L. lJIQ 37 - - - -.- K~J{~;~ ---. 'm~~~(: -... -.IL__ .--.---.-- -- .. - - - ,- - - - - - -_. 1-- 1- -I- ~ J J~ 3f . f'".'" 1.-.' ',' bb +1IIIIrnII~;:.:.i.io.:Ero-&J! ,'.; ,. . \. X ' .......2....... '. l~' . ..: ;,"IIode.InUM: . . . . ... .. . : ~ -.3 . .......d.;;-r....~'-t'.. -_.-~ ADD""dDrt -- - 2 3 4 5 6 ;::.7 . 8 ;.. I 2 3 . 4 S 6 7 ~;<'l II - lImon +-h ..- 1Jf!, :r,-'- - ..--. ----- "------- --- '-'PA---;D- -..--- 'PAlb'- '- II - - - - - _. - - 0. ~tt~1 ,. #f' - - .. - .. ,.. IE: . ' 1- - l..tY - - - '- - -- - '" ~I b ~ -- - - UI' -- -- 'ZM ~ - - r- .. I- - hI-- - .- - .. - - -' ~i 161 Ifm: ,M . ~I , - - .- -- .. .. '. .. - I- -. - - - .- - oo - ; - -- I- --- - - I- ,- .. - .. . , ,. ; , .. - - -- I- - - - - - - -- , , 1 . : ! --I- ,- - - - - - - - - - -. .- - - - oo .. - - l- I-- I - '- - - - _. - 1- _.. .-. - - - -- - - - I - - - - - - - - .- - -- -. - - 0. -- .. -. ... . - - - - - '-- - .. -. - - - I - - -- h - - .. .. -- --:- - - oo .. -- .- .. - -- I- I - - '- - - - - .. -- -'- .. l- I - - - - .. - - - -. -. .. --._- - - -- .. .. - - - .-- - - - - .. - -- -.. 0. - - -, '- .- - f- . - - - ; ---- - - - .. - '- -. ---. - - - - - - - -. .- - -- - - - - -. --- -. .- - - - -- -- . - - - - .. -. .- .. .. - - - - - - '- - - - -- - -- --- .- - - - .- - - .- -- -. oo - - .. -- -.- -- - - - --- -. .. - - - - , -- _. .. -... --. - .. . _L_ oo --- -- - - r '- 9 10 .It . '12 . ,. 13 14 IS 16 ,~..17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 3S I~ 6 8 9 20 21 ~l '"! ~. ~. 2.-, 2, ...--,36 (" .!l7 . . 38 " r.;".39 .,':;,:.co oj i.1 .;.~~: 28 29 3( 3. 3~ 33 34 3S 36 37 38 39 40 Exhibit "B" 1. 'a""'i':;';,w~;",;;;.;; ':....'i'ii,;;;i.'!li.,.; ". ,... . .....,.., ...... . I:~ ,I..,. ! ".. . . , 11i:w;'::fi;,r....". ; i. :.:..:.;.~t.i..'. ;.1.~:,~..i.r.: ;;:i:;;:~" '}i;df:.;:v:if"..;:::~.;j:'~i';\;~'i?,'I~~~:~, . ~ .,. .<........... ". .... . ....J... ..-...1......"'" ~I . . ... . . . ,'::;::( ':; .' .<i;;.~f.;:~~AAI.: ~!~~'.:.;.,:: ;",! . . .. :z .. '~Hf.1J; .. . ...~.~ . .....10 "' = .", j.. . .r I' ~. 1... ... .' i~ " ":. :')i~!i:~. ::{.:: '''ii :>,:...~!:l.q,r .'. . ;. '. " I ;~1.'l!~_' . . n ..... "':"!''',' .'. '". i' ". ~ '. I. .. ~ ; , . , . .:~.:~.~ ~'. ~ , I '" .. ".::"j".i:..: \.~ "':.\. :~. :.' 'j .' . .$i~;;!i:~~'Niiitl\ ':!:I~L' ':"": ~q'.1 . ..!I;.....i!'... W:iH~;;~.: "'1" ~.. :,.;..!u;.,;'i?~;::;:':jt~!l' ';". ....... )Yit, .~ ::.:;1. '.1 :' . '." ...~j:~/ ".:::.." ..... ".:;.!.: :"':. .,,,. lli~ ~~Pk\lY~ -p'?S~-Lb: '.' . J-..o--..b~ ", ,', .;, .jl . , <.. :..' ,. . . '.. ;: ". ./: , . .... .' I;, I "; I . Ii !-i: " i;, ". I ~: ":;'," ,1; .. .....' '. !" " ::/9-_ -0 I '. :::;. .;..:..:. . . ~<.~!\ .'.l ;. . . ... . '. .:~::; . ~ :.' .'. "'. . . . ..~. ., .:"::: ". "- ~i- lP -:3"()~_ - ~ "' --- .~ Pc\" . . . . . ". . . . . ::" .>;.=': ;.: ..... . "..". ::::. / . .. . ..~ .. / . .... \ ~ /' .........-.-.........-....-, ", ." : .~~ o'~. 'I C1J';\/ . . . ()1\ JtNN c9-0o~ . ~ ~ ~ '5().DD 19,(O(D~ . ~l~' -'~ir--- "'-) , ," ," j~~ '~b6-'~"--'-'^'_' kAp+tt~ ., ------. '... ..\A- . LLQU. e. ,. , '!d',::!;;!;!i:;.: . '. I -'-" _'__"'__" :.itl'.....:..;Ij"~:.:. I /. .;'(".:.,,7)" .:.: " .' _. ,;'l;~;.'. /;/~~. ". ..;.,.~.,;. :' . I. .~;. . " =~~-=:i.])b~ ~ -m.d- US, ----...... .._L_.. "__ . :;';;:;,~.>. ':;'('.';i;{:;: -------.-f....... ---......._. -. . _. . -._--_.~ . . ~~.-------..-..~~~=---.-7 -) lSJ -D'~'----' II ..~,._.___. ,- ~ -=:-::.:=-::- ,,) ~ '! ; -----.-~=-.;C-rti-I--:~~ . ":';.- -- n II .__~ -.,,-:----- ~__ . i I ~d. t:'~ d:>~CS.O() r M~~ c.k~ b~ CI-I. {. (V\, _ '. "1 \. ') :),00 W~ 1 '\.O~ ~ 1 ~/ ,~ ~ ,Jl ~ ~J- ~~ lyd {;,d<> ~ ~ -, / ~ ::!!:k~::".' .';' V - 'h /f -1&,/ 6?- . /11 / liL,> {,o '." , ~ ~ 1'.-' 1b..#N ":~~~~/ I\KNVJ' ,J:;:.:' . '~lIi,. . . :,. . ., ~ ., ~I .~i. ..;!!j ,,1d~..I:., ,;Sf.. .;l.i.....!ttdf..... :~1:~~;~H~J;: .~.....'5....,.. ~1:~~Hf;:~i;:r . " ~~ -I'lb".:1 '~r ':;;1::::1 \l1~:, '~df"I""'" .. ;JI ~. :,\ " '-\-~~ \--- UL_________ "'-'-.--- -.----- --- ,-- -_. .:.... :=;.?... .. _.~-_. ...... '.' . . .; .,.... ...... -----. . ..... .-.----.-.--.-----.--- .~-:---_:.!.. -liL~__:..:, ,.. ...... '!::i~ . .', . '. -----.------. ----.- ".-.-..- ----. \... ~~vau.l_----; ~IrJ(4-_ 0 __~~ ..:::. .... ..,,":.. t"!:..;. ".:",.:. :.;:;.i"' I" .... .,....... " ..=--> . . .;. ~;:.::. .... :", ." ", :! .. "'~.. .....1'..:,:.;.".:: "1.. i,',. . :~:I.:.:~:;;:;. ;.:f:l;tr~ .... ",";;-"., . . ,lOi "," :~t..:: :';i ::~: ;,~\iJ,i~~~: "---., L' "" I:.~ ..' ". ". --- -.. - - --'<i: .:! ::"", --~-- .-)~J f..i -^' ':'Fif' I U -0.:.: ,!~J ~Oj::.,;.:: L ,~/,' '~:':;4.. --; .: ~~~:jt "'.:::l;... . .: ~~ !1;; . . ;:~.r.'...:.: . 'l;t~j tr~? . .... .;.... ------------.- ......., ;. '. ..... ".:..:.. ..., ....... ..: . . : ;: ~i: .... .. , ::~ ;.:' .:.... !";: .~;:ji~;;:. .:;~!lf!;;~t.. ! :::. .::.:~; .:ijf.;j1~F. .'~i!11HL,.. ::.Jt1~~;;'''; ;:, . .~ :;i~!f!~~~. ~'- .... .:".~.r:. .;:i;::.;. .:.':.: . ...... .':.'::.':':';'::II':~:':i.:i.......:.,.~ "t","". . ""Ifll ..:. I J ..; .::: ..:....i;.;~~.t. : ;':~:. ':., .. "'11"."' "1 J::';:(i!f;~!r"'1 ::. ::.;:;:;l!i~;.'."" ".! ., .....' : ;.:, :",!":. ..... ...:. .......... .:. .. ..::"))f' .::..;:::.~./;:;~:!i:. ""1", .. f"J, ,~~i, · !.,:[%'.~.tF.Ii~' . .. ::.::.~!' ....;...:.. : '",: . ".'.':.' ....... "".:.::; ;;,-!" .". .' .' .:.... . ,:' :~.; .....:. ...... illJ :;-. . . ~ ,J.:;JJ~;"~~....;.... ,~, :::. ".: "'. ...,....".,:'.:':a.._' ... ".. ~:: .~~~::~i:V:.. / -~ V-/)3 c'~b - ~ ~t.I-2t::::J.~1~V-2 . --tll:)._Q-r)-/-Oo~) 16&__ tJl. iVIJ/1.; i.fo /nI d /lCb,I I:fl <t1Jlcu,n, tf";P~#J.' _~ 0h~.. Iil. ' .:;I. 'h-", fvv ~..~ -;- . ~WO/~ .:))\.,9_p1_ .'.: t)n^ r. .;. _u.~ !.: ) . --r--"... .", . .,;(~:::: ," .' c.. '.' '... . l" ....... ., :.' ~ ~.. ....... ". ..... . ,".: .., .: - Ovt. . .i'. . () R. '.. . :;:- . . . '".' ;:";" .. . .. :);~;.;l;!:;:< .,,,,.:. ,0 . .: :j;;;.i:i~/~iji: ......I....R", :;1; ;,1 ......r. ....... ." ........ . ,:,,'l: . ~. .:!!i= ....: . .;.<~~.. . ..~ .... '. ,....,.......~.....,,~.~~.... ...... .= : . ."!. .,:). . ': . =. . '.:'l '..:::. .'-:;}i~ . :5i. . .::: ".: . ':.1 .: 'i~! ":.i' .'.: .~ :~'i . ~.. ~i:;' : '.:". . '.. '..: j"::;~:i~i . ...... ....) .,' ". ~.. :. ": : .: ~~; i:ii. ......". . ...: . j' FRY FAMILY LTD. PARTNERSHIP 111 WEST KING STREET P.O. BOX 329 8HlPPENSBURG, PA 17257 s=./3-03 ".--. fi6 ~ wh \l)r,. vi flIo~y lfhCV! n Q: ~rti;l/e C lo.r k e. (IQrQr\-O '~1. .k) kl~S'{- . .~te;~bu~ Po- Q,ni D w -fo e ___flu ~ '1(( i ~ Q-()CJ 3 1f~ G ,~SO_ 00 ArK../ OlAf - -. J t). L '" i'f-erarJ C\\-(JWlJ 9IM (I 11 0)- DO_ ~ D.l\\lIku V"'-lA r \ U-5-o3 "i)~~J ~ ~bb\l ~~~'<A~ II '-- l.)~~~ ~.~d..ru~I~~ ,\. ~ crt ~ ~ - f\~I\~r:,\t\ (} ';':"\.;.'ifl' "~ti~~:>~.::;~!!;r: 'n ,.. n ....1. . ....b.'~.. ,I'. . "......-,.. ".". .,~~'.~.lU~'.. .. f-" . . ". "_h__ ". /' - ~. " . ; t eh'o\St ~\().\~ .. 300..00 ~'lA Dw .... . .~u~ \d-e UlfY\.. ~ r . d-DD~ '-~ ~ ien\,ull~ ~C)~ ~ 12Rrv\- DIAL () fJ~-;j. I S-~S-:. 09 ., . f \ I ; I ~,-t(lJ,^, . -:r::, '" H-'1 1-/19-0~ \!~ ... . . . Exhibit "e" :t:t:~ - March 16, 2004 ~ Dear Donna- I wanted to tell you a few months in advance that I will not be renewing my lease when it runs out at the end of May. I do not feel safe with Ms. Clarke below me. Yesterday she was creating loud noises downstairs and came up and banged on my door and asked me if I knew I was flooding her toilet downstairs. Well, obviously I had no idea, and I wasn't quite sure what her reasoning for telling me was. Then she came up a second time, again irate, and said I shouldn't use any water. I said I didn't know what I was doing and that 1 wasn't doing anything wrong and my bathroom was fine. Then she got very angry and said, "Did 1 ever say you did anything? Did I?" I became very frightened because ofthe way she was displaying her anger by slamming doors and pounding on my door. 1 will feel better moving away from her as soon as 1 can. ~-~ Jenni Rowles {~l l,u. t<1~ 9- Ap+- 4- 1 Exhibit "D" October 19, 2003 Dear Mr. Fry: When I signed my lease at the end of May, I believed I would be moving into a safe apartment in a good section ofShippensburg away from college students. Further, both you and Donna repeatedly questioned me about my noise level and status in school, making me beIievethat you only rented to quiet, responsible tenants. I believe I have been a model tenant, paying my rent on time each monlh, pre-paying my rent up until January 2004, steam cleaning the carpeting, and even painting the bathroom and bedroom using my own money and time. I have felt unsafe in my apartment because of the tenants who live below me, Ms. Clarke and her daughter, since moving in mid-August. The police have visited the apartment building at least three times (once in mid-August and once in September and October) that I know of since I have moved in. I have told Donna about the first incident, which she brushed offand told me there wasn't really anything she could do. The pair routinely argues and plays loud music, often very late at night. The last incident the police were called was this past Friday nighl/early Saturday morning around 12: IS a.m. I was awoken to hear a strange male voice and heard banging on the door downstairs. The man began yelling at Ms. Clarke to "let him in," and I became very frightened. The police anived about 20 minutes later and arrested the man, I believe. I was afraid that the man may start banging on other doors in the house or may have even been call)'ing a weapon. As a young female relatively new to the area, I was very scared. I am urging you to have a talk with Ms. Clarke and her daughter about their behavior; or at the very least install a lock on the front door of the house. I do not feel safe knowing that anyone walking on King Street can enter our apartment building. I'm sure Mrs. Fleagle and Ms. Magee would agree and tell you that safety should be the foremost concern at this point in time. Ifnothing is done to remedy this situation, I will be forced to look for a safer apartment. Sincerel , 4/::-5 ~ IJI W.kl~ ()pt. L/ ;---- rd.-I w. k'1~ st ~pt =Il ~ Exhibit "E" , ',\~~}?A;:-. ~ ......~...,.........~ ./(,~. . ..o\}V_ ~)h \OJUfr" ~*' ,,-Uuvt IN lllE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA . I / In the Interest of: No. CP-21-]v-177-1996 NAME Senlna Clark Date of Birth 2/06/90 Parent(s): James Clark Debbie Clark ORDER TO APPOINT COURT APPOINTED SPECIAL ADVOCATE (CASA) ~ ~ And now this I j day of . 2004 this court hereby appoints the undersigned as CASA In this case. It Is further ordered that: 1. Upon presentation of this Order to any agency, hospital, school organization, person or office, Indudlng any Child Protective Service, human servIce agendes, pediatricians, psychologists, psychiatrists, police and sheriff departments, mental health dlnlcs, ..., the aforementioned shall permit the CASA to Inspect and/or copy any records, Including p10tected health Information, relating to the chlld(ren) or hiS/her parents. The CASA shall be permitted to conduct any and all Interviews necessary to obtain Information relatfng to this case. . 2. The CASA assigned to this case shall maintain any Inrormatlon received from any source as conffdentlal, and will not disclose same except In reports to the Court and other parties to this case. 3. The CASA shall appear at all hearings or proceedings relating to this case and Insure representation of the chlld(ren) at said hearings. 4. The CASA shall be notllled or all hearings, stafflngs, Investigations, depositions or other proceedings concerning the chlld(ren), and shall be notified prior to any action taken on behalf of the chlld(ren) by any party. 5. The CASA shall not be compelled to testll'y or give Inrormatlon In any proceedings other than juvenile dependency proceedings except by special order of the judge assigned to hear dependency proceedings. 6. The CASA assigned to this case shall be a party to any agreement or plan entered Into on behalf or the chlld(ren). D.LL d. d....IAa~.~_.. J DebbIe Zlmme~ CASA lid ')'J.!!nOJ ml'nml! In::! .I ~:;1(1~1 JU ~~\.~:nJ , h l :01 '<;/ q I U'.I'I ~OOl A TRUE COPY FROM R~CORO In TesUmony whereof.1 here unto set my hand n "51 -1 n 1 end lh~ ~eaJ 01 sal ourt.al Carlisle, PA. .~, ::~ II: This """'day I , 20 ~ ., r ... .' " ., \.',..'. . ..". I ~r \: /.,-.... ~""'....... .. ,'. "/ .'..... .... B -.. : Edward E. Guido, JUdge (") ~~~ ~;,~ ;"; . " ~. -. ' 0' ~~ ~.., j:. -~,. : >~~ j ..... c-" c.:_" ...,- ~. c:::: (;'"J I Co.> ~ ~ -:c rr,":"'J r- -:J ."Tl :00 () 1. =rJl/ ," j:d .~.C) (i;nn j.' :::e -u :a.: ~ w s;- DONALDA. FRY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEBBIE M. CLARK, DEFENDANT NO. 04-2414 CIVIL PETITION FOR APPOINTMENT OF AFtBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, ill, Esquire, counsel for the plaintiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $1,050.00, plus costs. The following attorney is interested in the case as cOllIlSel or is otherwise disqualified to sit as arbitrator: Geoffrey M. Biringer, Esquire MidPenn Legal Services Eight Irvine Row Carlisle, P A 17013 717-243-9400 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Duncan, Hartman & Douglas, P.C. By: ~Q~~r;;;: George F. Douglas, ill, Esquire One Irvine Row Carlisle, PA 17013 717-249-7780 ID.#61886 1;; ~ ~ ~ o c ~ D ~ ~ ... </' (') c .~ "',,~ -o\~, n"n' ~?'l ;;;( ~f:', r,::: (". ~~f, ');"... (::: :z: ::;!. ...., = = ....- , c:: G") , W o -n ---1 :r: -r., rn .,~.:.. fn J3cr (~o ~.;5 :lj '....,..( J 75 rn ~,..l ~. ~iJ -< -0 ;:g (o'? W (11 DONALDA. FRY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DEBBIE M. CLARK., DEFENDANT NO. 04-2414 CIVIL ORDER OF COURT AND NOW, ~fJJ1 ,2004,inconsiderationo~the foregoing Petition, I)J~_ /Jj(){)JI~ ,ESqui~,_~ &E,u~ , Esquire, and C f /l.I <1 ~ g)~./ ~..I" tV , Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY~~ fJ. J. V1NV^1lSNN3d }J;'!nC(l c~.~;r:l::F;8~^Jno ZS:I \old +j- 5fW ~GOZ I ""lO"QU lOUd :JHl JO Ab'l 1\' I. 1_ a ..n .... 38\:i~o-0311:J Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution ofthis Commonwealth and that we will discharge the duties of our office with fidelity. Sijf!:;fJ Uiu/~ Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following a'Yard: . (Note: If damages for delay are a~ed, they shall be separatel~ stated.) . ~~7/ ~%~~~ t~)~~ ~;; J $~~ yLe~ ;&/ Yf I"A'-utz)~~p) rr~.LtACtz1! ) hrJ/~?<!:i~J!JA-n1 ~ .&kh-, ~~( OD of fu D ~31~1 S:,jML.. U:l ~ If Jq ~~~ ~ . Arbitrator, dissentl. (Insert name if applicame~) \.......... ,C:.~) "'.I? fl Date of Hearing: I~' /'::<-<9 ..; A.../ ~ Chainnan) .\LPl1;u';( r~ . IJ Plaintiff ffi~~ )n ~ 'K"'-~1 D. Wek5 Name (chainnan) Law Firm If) tLl, tJ, ii, '5. f Address (1.rl IS '/ L City, a //0/3 Zip Date of Award: It) .-/01-<1 i In The Court of Common Pleas of Cumberland County, Pennsylvania No,~- ~ill <,I a.;.t Defendant Civil Action - Law. u ,{f~ SIgnature CL4rL Signature {),h.r-t/ r: ;<"d~.r Name CA.fe/s-rof'lI1R!- E. /2J e-t! Name Law Firm /\'>l)lu< 0, Law Firm 14 W. KI~ s+ Address / () C. /I-IGI/ ST Address Yu.r-k 1'-1 (,. I olty, CA-eU5Lr:- P/I City, Zip 1J0/3 17'{0'( Zip Notice of Entry of Award Now, the I;;~ day of (j)~_ ,20 () 'r ,at q,l& , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .) '10. CJO By: ()~ (l ~ R. Rp-y,.t- '. p!c:;;,notary - )~ Deputy ; - -~) {.' , ....C: :.,'j .- . .~ '..;:.'.' ;,...-' t[ t1 -eJ' i%{ t~ Donald A. Fry Plaintiff/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Debbie M. Clark Defendant/Respondent : CIVIL ACTION LAW NO. 04-2414 PETITION FOR THE RELEASE OF ESCROW AND NOW COMES,' the Plaintiff/Petitioner, Donald A. Fry, by and through his attorney, George F. Douglas III, Esquire, and files this Petition for the Release of Escrow Funds: 1. On May 26, 2004, District Justice Harold E. Bender, of District Court 09-3- 01, entered judgment in favor of the Plaintiff, Donald A. Fry, also the Landlord and Petitioner, in the amount of $88.88 plus possession of the property. A copy of the judgment is attached as Exhibit A. 2. The Defendant/Tenant, Debbie M. Clark, filed an appeal with the Prothonotary of Cumberland County, Pennsylvania. 3. A hearing was held before a Board of Arbitrators on October 12, 2004, and a decision was entered in favor of the Plaintiff/Landlord/Petitioner in the amount of $3,675.00 for the payment of rent due and possession was awarded in 60 days by agreement of the parties. A copy of the award of Arbitrators is attached as Exhibit B. 4. In accordance with Cumberland County Rules of Procedure Rule 357 the Defendant/Tenant paid her rent payments through the Office of the Prothonotary to be held in escrow while the case was heard on appeal. 5. On approximately December 15,2004, the Defendant/Tenant vacated the property and possession was returned to the Plaintiff/Landlord/Petitioner. 6. The Plaintiff/Landlord/Petitioner requests that the Office of the Prothonotary release the $2,100.00 being held in escrow to the Plaintiff, Donald A. Fry. Respectfully submitted, Said is, Shuff, Flower & Lindsay, P.C. BY:~C-. ~A~~~ II,/cs- George F. ~u~I;lIl~EsqUire I.D. # 61886 26 W. High Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-6222 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-01 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF' RESIDENTIAL LEASE r,;' NAME and ADDRESS I FRY, DONALD A. 111 W.KING PO BOX 329 ~HIPPENSBORG, PA 17257 -1 VS. Mag Drs!. No.: OJ Name' Hon. HAROLD E. BENDER Address 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBORG, PA Telephone (717) 532 -7676 17257 - 0361 DEFENDANT: NAME and ADDRESS fCLARKE, DEBBIE M 121 W.KING ST APT/STE 2 SHIPPENSBORG, PA 17257 L Docket No.: LT- 0000116 - 04 Date Filed: 5/03/04 I ATTORNEY FOR PLAINTIFF : GEORGE F. DOUGLAS III, ESQ. 27 WEST HIGH ST. P.O. BOX 261 CARLISLE, PA 17013 -1 THIS IS TO NOTIFY YOU THAT: Judgment: FOR pr.'\.INTIFF [!] Judgment was entered for: (Name) FRY, DONALD A. o Judgment was entered against CLARKE, DEBBIE M LX.J Landlord/Tenant action in the amount of $ 88.88 on 5/26/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 525.00 Total Amount Established by OJ Less' Security Deposit Apo.li.ed = Adjudicated Amount Rent in Arrears $ . 00 - $ . U 0 = $ . 00 Physical Damages Leasehold Property $ .00 - $ .00 = $ .00 Damages/Unjust Detention $ .00 - $ .00 = $ _ 00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ _ 00 UT Judgment Amount $ .00 Judgment Costs $ 88.88 Attorney Fees $ _ 00 Total Judgment $ 88.88 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ D Possession granted if money judgment is not satisfied by time ot eVictIOn. D Possession not granted. D Defendants are jointly and severally liable. in a (Date of Judgment) 525.00. Attachment Prohibited/ 42 Pa.C.S. ~ 8127 D D [!] This case dismissed without prejudice. Possession granted. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ l):;2t -tJ,(Date #~/ .i- ~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice Mv commission expires first Monday of January, 2006. AOPC 315A-03 ~Xl-\ I ~ (1" ^ SEAL r\.L~'11fa;( r fJA;f Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. tJL( - ~fj/ ~ {t,,;,( ~M )n ~. Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. t0t7{fJ ~~ Signature /j 'K'VLio1 b, 1A/~l?K5' Name (chairman) _{}r~ SIgnature CL4 r. L Signature 6iro.rd &: iZ'"/~J Name 6:'/1ZI5>r0(?~-~. /2Jc-e Name MtHu~ O. Law Firm Law Finn Law Firm "- If) tV, t-J ,~t. s f )4 W K,'J s+ II) e-. .;.H G II ST Address Address Address L1-.,-( is '/ L 12 /101.5 Y tJ.rk tlf f/"/O'f {!Jret.-/ 5 L r PA /;013 City, Zip City, , Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following a'rard,: , (Note: If damages for delay are a~ded, they shall be separatel~ stated.) , )llY1 'fP.~1 VA 1i..o- cLM<"-"-,-* ~ r.='> (,,7 C; ~~~""D, ~I (Jlf) ~~JZt ~ ~~ ~~; _paJit.W~ 4~~J2 ; YLe~ .f>,.' .JJfu.-u.iL ~J:l);PAl~ l'~ ,hl1d~d)t~ ~ /~, ~~( Ol) 1,tiLD f;!l~/_C: ~ ~ ~&~ Jq ~jvu.fr~_- . Arbitrator, dissenti (Insert name if applicame.) \ ("--. Date of Hearing: //j- /d<-tP ..; \ . .';;:J ~ .-$hairman) Date of Award: I() .- /01- Q i Notice of Entry of Award Now, the 1:1 ~ day of ()ce;;:tu..v ,20 () Y , at q; /& , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ;190,1...'D ~ R. Rb-n-l' y.-'. P{othonotary By: l/)~-;/LL-- (). )~ Deputy EXI-\(Btl 15 OCT 1 3 2004 () t-=' 0 = C. c;.-::>> -n t~. cJ" -\ ...,.- <- :L-n '. ?::';.6 rll F"- ,'. :;;::: _("".(-1"1 i I :69 ,', -1 SC) " f~~ " -r- ...,.-. -~ ..~_ -"\-1 ~ ../ () .'- '. ..;.( ) .' ," , ;<_}Cfl -.,..--. . .' t)? '~:-:.~ ," -,' . ~':>' L_ 01 ':'D :.t ~ .4''': - DONALD A. FRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION ~LAW DEBBIE M. CLARK, Defendant NO. 04-2414 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of January, 2005, upon consideration of Plaintiff's Petition for the Release of Escrow, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, / George F. Douglas, III, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Geoffrey M. Biringer, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant v~;, /h/l~ I-Ift,j + :rc ~ :':;,.) r' . ,I J.' "'1 I r ~t_;0 f,\",""^J ;..2 .! 1 ,J'~' <j 1\ ':: I ..;00'.... SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street Carlisle, PA DONALD A. FRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DEBBIE M. CLARK, Defendant NO. 04-2414 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, the Plaintiff, Donald A. FlY, by and through his attorney, Saidis, Shuff, Flower & Lindsay, and makes the following averments: I. On May 26, 2004, District Justice Harold E. Bender, of District Court 09-3-0 I, entered Judgment in favor ofthe Plaintiff, Donald A. Fry, in the amount of eighty-eight dollars and eighty-eight ($88.88) cents, plus possession ofthe property. A copy of the Judgment is attached as Exhibit "A". 2. The Defendant, Debbie M. Clark, filed an Appeal with the Prothonotary of Cumberland County, Pennsylvania. 3. The Plaintiff filed a Complaint in this matter on July 14, 2004, for possession of the residential rental property and for back rent. 4. The Defendant filed an Answer on July 15,2004. 5. A hearing was held before a Board of Arbitrators on October 12, 2004 and a Decision was entered in favor of the Plaintiff in the amount of three thousand, six hundred seventy-five ($3,675.00) dollars for the payment ofrent due and possession was awarded in sixty (60) days by agreement of the parties. A copy of the Award of Arbitrators is attached as Exhibit "Bn. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT-UW 26 W. High Street Carlisle, PA 6. In accordance with Cumberland County Rules of Procedure Rule 357, the Defendant paid her rent payments through the Office of the Prothonotary to be held in escrow while the case was heard on appeal. 7. On approximately December 15,2004, the Defendant vacated the property and possession was returned to the Plaintiff. 8. The Plaintiff requests that the Office of the Prothonotary release the two thousand one hundred ($2,100.00) dollars being held in escrow to the Plaintiff, Donald A. Fry. WHEREFORE, Plaintiff requests the Court to make its January 14,2005 Order absolute, and order the Prothonotary to issue the two thousand one hundred ($2, I 00.00) dollars being held in escrow to the Plaintiff. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: ~~. C:. ~ ~ G(~orge F. Douglas, III, squue LID. #61886 26 West High Street Carlisle, Pennsylvania 17013 Tdephone: (717) 243-6222 Al:torney for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT.LAW 26 W. High Street Carlisle, PA II VERIFICATION I verifY fhat the statements made in the foregoing instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to aufhorities. DATED "'j (1 (05: ~,c,~0 George F. Douglas, III, Esq. THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [!] Judgment was entered for: (Name) FRY , DONALD A. Judgment was entered against CLARKE, DEBBIE M [i] Landlord/Tenant action in the amount of $ 88.88 on ~6/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 525.00 Total Amount Established by DJ bess. Security Deposit ApR.lied - Adjudicated Amount Rent in Arrears $ .0 -$ .vO " $ .00 Physical Damages Leasehold Property $ .00 - $ .00 - $ .00 Damages/Unjust Detention $ .00 - $ .00 $ 00 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ 00 UT Judgment Amount $ 00 Judgment Costs $ 88 88 Attorney Fees $ n n Total Judgment $ 88.88 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ o Possession granted if money judgment is nOI SaIlSTleO oy I1me 01 eViction. o Possession not granted. 0 Detendants are jointly and severally liable. COMMONWEALTH OF Pl SYLVANIA COUNTY OF' CUMBERLAND Mag. Disl. No' 09-3-01 OJ Name Hon. HAROLD E. BENDER Add"" 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T.I,pOOoo (717) 532-7676 17257-0361 ATTORNEY FOR PLAINTIFF GEORGE F. DOUGLAS III, ESQ. 27 WEST HIGH ST. P.O. BOX 261 CARLISLE, PA 17013 o Attachment Prohlbited/ 42 Pa.C.S. !'l8127 o [!] Possession granted. This case dismissed without prejudice. NOTIC.. JF JUDGMENT/TRANSCRIPT PLAINTIFF RESIDENTI.6:.kE~o~~~s~ 'FRY, DONALD A. I 111 W.KING PO BOX 329 ~HIPPENSBURG, PA 17257 ~ VS. DEFENDANT: NAME and ADDRESS !cLARKE:, DEBBIE M 121 W.KING ST APT/STE 2 SHIPPlrnSBURG, PA 17257 L Docket No.: LT-0000116-04 Date Filed: 5/03/04 I ~ In a (Date of Judgment) 525.00. 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 COURr OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE A,N APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARry WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARry HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURrHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS iN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MV,o.C!''I'lssion expires first Monday of January, 2006. , D!stdct Justice e Ju~gment. , District Justice SEAL In The Court of Common Pleas of Cumberland County, Pennsylvania No. IfJV -- ~sJ/ </ a,,;{ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we wi'll discharge the duties of our office with fidelity. ~'1!J L~1.u/~ Signature (j 'KV\.bd '0, U~ek5 Name ( ainnan) _5lr~ SIgnature CL4rIL Signature b;r-.rd ;;: K,'{J~j Name D.f1Zlsrot'~ to Name /21 Ce I\'\Dw'- O. Law Finn Law Firm Law Finn .. 10 t<J rJ I ~h. sf IL; w. 1-<,'-5 s;!- It) b. !h GJI ST Address Address Address {1rl,sie.... U /10 ,.3 Y",-k M r7L/IJ't {!4et..-lSLC- PI! /'10/3 1.<- City, Zip City, , Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affinned), make the following award; (Note; If damages for delay are awarded, they shall be separately stated,) kll . d" " 6.AvL<Ui.L..;:<e- < 7 G # rbe-L\" ~ ~~~"'-. 'ti. J Date of Hearing; /&- /.:?- '" 'f' Date of Award; 10-1'01-"'7' 6.-'^-l..- ~ . Arbitrator, dissen . (Insert name if applica I e.) \~ (~. "-D~ .. ~~ ~hainnan) CLirt:..- 5". t7 Notice of Entry of Award Now, the I;;} ':":' day of Oa;:t,.., _ ,20 0 'r , at. q: /cP , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 0290."'0 ~ 12. J? frr>.f. _'. - P{othonotary By; ~'-<rA- Q -- )Ut (!h..J Deputy SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT-LAW 26 W. High Street Carlisle, PA 'fA- On this /0 CERTIFICATE OF SERVICE day of ~ ,2005, I, Adele H. Group, hereby certify that I served a true and correct copy of the foregoing Motion to Make Rule Absolute upon all parties of record via United States Mail, postage prepaid, addressed as follows: Geoffrey M. Biringer, Esq, MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 By: SAIDIS, SHUFF, FLOWER & LINDSAY alu:uct/. ~ Adele H. Group , o ...-..- ,,;.:: , " (....i ------ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT-LAW 26 W. High Street Carlisle, PA MAR 1 4 ZOOS r^1 JL DONALD A. FRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. crVIL ACTION - LAW DEBBIE M. CLARK, Defendant NO. 04-2414 CIVIL TERM ORDER OF COURT AND NOW, this ,.!.t(Pay of vl/l vel 2005. upon consideration of Plaintiffs Motion to Make Absolute the Court's Order of January 14, 2005, and the Defendant having made no response to the Court's Order, Plaintiffs Motion is hereby granted. The Rule of the Court's January 14,2005 Order is hereby made absolute, and the Prothonotary is hereby ORDERED and DIRECTED to pay to the order of Donald A. Fry, Plaintiff: the sum of two thousand one hundred ($2, I 00.00) dollars, being held in escrow as rent payments from Dcbbie M. Clark. Defendant, It <;'5, V] 1 ~fJt>->--,J 7Jc::.. -tc.c- BY THE COURT, 'ie, I,Acorge F. Douglas, III, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ) ."Geoffrey M. Biringer, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant -"; ~., ,"" ~ ~., ,~ " "-, ." ".' ">' ....) --------~- . CARB-OUT ClE"l.U)(E COAPOAATIDN ~t '" <:... CII..... . ... nn ~~ ~t;1 Cl?;i! Cl ~ ...' U"It'] Cl~ A \ ~~ .., Cl ......12 :i 1.0 ~Bl ;~ (j'. .. ... Cl OJ .. ... ... ... ... "" ... ~O'a.UXEOO~1 ~ O",u" 00_' "D ~ 0... :DO :il~ :Do. !il 81131V n i 00 .. .. c: !ll IlS:: ()cmmtxl >zcnom ~c~-n:a ~g~~~ ~~g~~ ai~o wC:~zO ~ 0 c: J: ~ Z o :D:;! CO -< '" m Cl ~ m 0 ~ 0 .... .... '" l> - :n ..... ~ en 0 0 . * ..... 0 at 0 " ;;; 0 ..-J :~ B> ~~::'..;~_.... Distribution Cumberland County Prothonotary's Office Manual Release Check Reglster Escrow Amount Accounting Tran Date Paqe 1 3/17/2005 Date Release 09270403172005 PYS405 Case No 3874 FRY DONALD A Check Date: 03/17/2005 Check No. : 1507 RENT 2004- 02414 PYMT/CASH 525.00 5/28/2004 RENT 2004- 02414 PYMT/CHECK 525.00 6/29/2004 RENT 2004- 02414 PYMT/CHECK 525.00 8/02/2004 RENT 2004- 02414 PYMT/CASH 525.00 9/08/2004 Payee total: 2100.00 Grand total: 2,100.00