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HomeMy WebLinkAbout10-0062COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of ? /I M PV a 1411 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. LH11. IYV. PNMC tJr Y.J. NAME OF APPELLANT *0 3? /C43 ?E,cs EL ct?S .t"T L?a,cL, ? ?? ?/? /7Ct?3 DATE OF JUDGMENT IN THE CASE OF (PbWifh (Defendwd)' Y9A0,oV ve /40?P4,A/ ?f/?Cd1C?t?t i[ en l- ee©U 412/- d y 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sorwl- of Pn* Wmy -Deputy If appellant was Claim nt (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon C''Vi4A L &,x )/# Ao' 0- appeliee(s), to file a complaint in this appeal Name of appellee (s) try of judgment of non pros. (Common Pleas No. _ ??(X ?_ V) ) within twenty (20) days after service of rule o777 ppellant or atiomey oragent SWWureof a RULE: To 41A1 ,0- , appellee(s) Name of appe#"(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Y'N &d ? A",& Date: 114 , 20 Id Signature o/ ProtAonofary or Deputy 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 tMTHIN 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 designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature ofaffiant Signature of official before whom affidavit was made Title of official My commission expires on 20 r-.) C c, C COMMONWEALTH OF PENNSYLVANIA MI INTY nF• CUMEIFJU AND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN R. DAY Address: 229 MILL ST, BOB 167 MT. HOLLY SPRINGS, PA Telephone: (717 486-7672 17065 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE ,PL"AINTIFF: NAME and ADDRESS rYANA, CHARLES F 816 PINE RD CARLISLE, PA 17015 L J VS. DEFENDANT: NAME and ADDRESS rSHRAWDER, KEVIN 3999 SPRING RD C/O MOUNTAIN AUTO LSHERMANS DALE, PA 17090 J KEVIN SHRAWDER 3999 SPRING RD Docket No.: CV-0000421-09 C/O MOUNTAIN AUTO Date Filed: 10/12/09 SHERMANS DALE, PA 17090 44 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) _,_12/03/09 ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 8.169.5 ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8,000.00 Judgment Costs $ 169.50 Interest on Judgment $ .'6 Attorney Fees $ Total $ 8,169.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME' MOM THE CCURT'OFC011VM`l56 'EAS AND O PU H 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. J, ,,??11 t• ' lJ Date I certify that this is a true ed correc popy.of the reco d of Date Magisterial District Judge... proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 YANA, CHARLES F SHRAWDER, KEVIN SEAL AOPC 315-07 DATE PRINTED: 12/15/09 1:19:00 PM MAILM RECEIPT r`- s ,* No _Insurance coverage Provided) E3 t rr. $2. Postm rl 1? $2. 1 Her $0. fit ll b;?? ?s $5.54 _I 6 !14/2010 Er S .___---- M 14 S ei APt nt:,.. _- - __ -- ..---_....-°----°'°- --------------------------------------------- 64- / 70/3 0--orm 3800. August ,. See Reverse for 1,,st, j?cjjo?js FlLED,O riCE (Y TAE MOTF)NOTARY 2010 JAPE 12 °M 3: 49 CWE !UNTY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of th s notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT- I hereby (swear-) (affirm) that I served a copy of the Notice of Appeal, Common Pleas t}10 -DfJt?upon he District Justice designated therein on (date of service) 20?a-by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the app6llee, (name) (?' LS v a , on 20 r l ?^? by personal service Lklby (certified) (registered) mail, sender's receipt attached hereto. (SWOR AFFIRMED) AND SUBSCRIBED BEFOR ME THIS DAY OF ltq y 20 ?? Signature of official beVe whom affidavit was/rripde ?A2_1 kiv uo, Title of official My commission expires on 20 10 Signature of atfiant NOTARIAL SEAL CAMEU, J MANGES Noto ry Public HAMILTON TWP, FRANKLIN COUNTY [My Commission Expires Jun 21, 2010 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS S, Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. "L, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG DIST. No. NAME OF D.J. ..._._...___? .?. dl"4?//Ni ?A{P?GlsG7?F' r c Vr JV/W1,1C/n1 M I nc l.1VC yr {ri .) ?{L f y°"jJ I !1fY1rllld E c? ,I'X zJ:$.^. x{' {r3e V6 SIGNATURE OF APPELLANT OR ATTORNEY OF 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. It appellant was 0almarmt (See ra. K. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL.. SOW- of Prod-wwy n ovw 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 upon appellee(s), to file a complaint in this appeal Name of appo "(s) (Common Pleas No. f _ X ) within twenty (20) days after service of rule or suffer eptry of judgment of non pros. SO W100 ofaA-#Sr+t -aHMOY or agent RULE: To { e4° A ?t .r F appellee(s) Name ofSAWO e(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) it you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTEf" AgAIN$T Y00" (3) The date of service of this rule if service was by mail is the date of the mailing. Date: f 20 ?Gr Sigrlature?o/ ry or-Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANscRIPT FOWWITH THIS NOTICE-' 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 CHARLES F. YANA, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-0062 CIVIL TERM KEVIN SHRAWDER and CIVIL ACTION-LAW c> N GRETCHEN SHRAWDER,_ Defendants. ?-- ?+ 3 1V :? NOTICE cv You have been sued in court. If you wish to defend against the claims set forth in At Mc 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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 CHARLES F. YANA, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-0062 CIVIL TERM KEVIN SHRAWDER and CIVIL ACTION-LAW GRETCHEN SHRAWDER, Defendants. COMPLAINT NOW, comes Plaintiff, Charles F. Yana, by and through his attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Charles F. Yana, is an adult individual with a residence address of 816 Pine Road, Carlisle Cumberland County, Pennsylvania 17015. 2. Defendant, Kevin Shrawder, is an adult individual with a residence address of 1003 Rebecca Street, Cumberland County, Pennsylvania 17013 Defendant, Gretchen Shrawder, is an adult individual with a residence address of 1003 Rebecca Street, Cumberland County, Pennsylvania 17013 4. On or about June 23, 2005, Plaintiff and Defendants entered into a lease agreement pertaining to a residential property owned by Plaintiff known as 8 Thornhill Court, Carlisle, Cumberland County, Pennsylvania ("Leased Premises"). A true and correct copy of the lease agreement is attached hereto as Exhibit "A" and is incorporated by reference ("Original Lease"). 5. Defendants took possession of the Leased Premises on or about July 1, 2005. 6. In June, 2006, Plaintiff and Defendant, Kevin Shrawder, entered into a second lease agreement ("Second Lease") for the Leased Premises upon the same terms as the Original Lease with only the dates for the lease term amended. Plaintiff has been unable to locate a copy of the Second Lease. 7. Upon information and belief, Defendant, Gretchen Shrawder had removed herself from the Leased Premises as of the execution of the Second Lease but then returned to the Leased Premises shortly thereafter and remained until both Defendants removed themselves from the Leased Premises. 8. The Original Lease and Second Lease required the Defendants to maintain the Leased Premises in good condition, normal wear and tear alone excepted. 9. In June, 2009, Plaintiff provided Defendants with a notice to quit asking them to remove themselves from the Leased Premises by the end of July, 2009. 10. The Defendants left the Leased Premises prior to the end of July, 2009. 11. Upon entering the property after Defendants removal, Plaintiff discovered substantial damage had been caused by Defendants to the Leased Premises during the period of their tenancy. 12. Plaintiff holds a security deposit of $1,000.00 paid by Defendants to Plaintiff at the execution of the Original Lease. COUNT-I BREACH OF CONTRACT CHARLES F. YANA v. KEVIN SHRAWDER and GRETCHEN SHRAWDER 13. Plaintiff incorporates by reference paragraphs one through twelve as though set forth at length. 14. All conditions precedent to recover under the Original Lease and Second Lease have been fulfilled. 15. Defendants have breached the terms of the Original Lease and Second Lease by causing damage to the Leased Premises through their use of the Leased Premises and otherwise failing and refusing to adhere to the covenants of the Original Lease and Second Lease. 16. The damages caused by the Defendants to the Leased Premises include, but are not limited to, the following: a) staining and damage to the carpeting throughout the first floor of the property; b) damage to the garage door and framing surrounding the garage door; C) failing to return the keys to the Leased Premises; d) failing to return the remote openers for the garage door; e) damage to the dishwasher; f) damage to the washer and dryer; g) settling of a house addition away from the original building as a consequence of overloading the addition with weight lifting equipment and materials; h) and other damage to the Leased Premises. 17. As a direct and proximate result of the acts or omissions of Defendants, Plaintiff has incurred the following costs to repair and restore the property: a) purchase and installation of replacement dishwasher $726.10 b) South Middleton Township Water/Sewer $171.56 C) Sherwin Williams, paint and supplies $1,191.56 d) Carpet Smart, carpet cleaning $84.79 e) M&Z Carpet replacement $517.72 0 Keystone Foundation, foundation repair $10,500.00 g) Lowe's Home Center, floor coverings replacement $5,155.27 h) Jarusewski Door Service, garage door repair $1,185.00; i) missing drapes $300.00; j) replacement of washer and dryer $700.00 k) replacing door locks $300.00 and 1) Keller siding & Windows, replace garage door fascia $40.00. WHEREFORE, Plaintiff requests judgment in his favor and against the Defendants, jointly and severally, for the sum of $20,872.00 together with costs, expenses and interest. COUNT II-NEGLIGENCE CHARLES F. YANA v. KEVIN SHRAWDER and GRETCHEN SHRAWDER 18. Plaintiff incorporates by reference paragraphs one through seventeen as though set forth at length. 19. Defendants had a duty to protect and preserve the Leased Premises and the equipment, fixtures and furnishings therein. 20. Defendants breached this duty by causing the damages to the Leased Premises as set forth at paragraph 16 hereinabove, which paragraph is incorporated by reference herein as though set forth at length. 21. As a direct and proximate result of this breach, Plaintiff has incurred those damages identified in paragraph 17 hereinabove, which paragraph is incorporated by reference herein as though set forth at length. WHEREFORE, Plaintiff requests that judgment be entered in his favors and against Defendants, jointly and severally, for an amount compensating Plaintiff for the damages sustained to the Leased Premises together with costs, interest and expenses all in an amount not in excess of the limits requiring compulsory arbitration. Respectfully submitted, EN, BA & SC R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. AJI?le- I. David A. Baric, Esquire Dated: aD ?? This Agreement Made this o?S 49day of ?VAJ -e A.D. 20 a between C' pt )a c. E-5 r-. Yr9-??-? hereinafter styled the party of the first part, and 1C tiV i..u V 6? t T' C A -9,0 SC / I i?A +N l? hereinafter styled the party of the second part. WITNESSETH, That the said party of the first part, in consideration of the rent and covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a F-'OrM t t_ the premises situated in the County of e, v _il V9,6- wa L-A ?JP and Commonwealth of Pennsylvania, described as follows: # v. r«ev PAv 11 1 a7, C14 9Lts LCC P4. . 17013 TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on the / sTday of J v 1- Y 20 0 ,r, and ending on the / day of 0-v1 Y 20b6 IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of p ?? ' Y-• 0 D, 0 5 -tN O dollars, payable as follows, viz: 4 A C 14:. ivt 0 /,) * i3 AS A FURTHER CONSIDERATION for the use and occupancy of said premises the said party of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements, viz: The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed, and in case of failure to remove the same the party of the first part may collect as rent due and in arrears double the cost of removal; the water, lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said term shall be paid for by the said party of the second part unless otherwise provided herein, or the same may be collected by the said party of the first part as rent due and in arrears. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased or the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said premises. The party of the first part expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs, or to show the same to prospective purchasers or lessees, and may display "for rent" or "for sale" cards thereon. The removal of any goods from the premises, whether by day or by night, without the written consent of the party of the first part, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty days after such removal wherever the may be found. 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 or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the party of the first part may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Acceptance by the party of the first part of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein contained, shall not in any wise be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the party of the first part, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the party of the first part. EXHIBIT "A" It is further agreed that if the party of the second part shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment shall be entered or an involuntary petition in bankruptcy filed against the said party of the second part, all the rent reserved for the full term of this lease shall become due and collectable immediately by distress or otherwise. The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against the said party of the second part and in favor of the said party of the first part for the whole amount of said rent as hereinbefore set forth. And the said party of the second part hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease, without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress or otherwise, the said party of the second part waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Upon the breach of any of the covenants or agreements of this lease or upon its 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 amicable action of ejectment against the said party of the second part and in favor of the said party of the first part for the premises herein described and to direct the immediate 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. If the Lessee shall continue in the occupation of the said demised premises after the expiration of the term hereby created with the consent of the Lessor, it shall be deemed a renewal of the Lease, and of all the covenants, terms and conditions herein contained for the term of another month and so on from month to month until the Lease is terminated by either party hereto giving to the other not less than ninety days written notice for removal prior to the expiration of the then current term; provided however, that if the Lessors shall have given one months written notice prior to the expiration of any term of intention to change the conditions of this Lease, and the Lessee shall hold over after such notice, he shall be considered Lessee under the terms and conditions mentioned in such notice, for a further term of one month and until this Lease is terminated by notice, or otherwise, as herein provided. Leaving notice upon the premises shall be a sufficient service thereof. 1. Receipt is hereby acknowledged that a "damage security deposit" of 0 JOO has been paid to Owners by Tenants. Said damage deposit to be retained the entire term of this leas and is to be pro-rated, retained or returned to tenants upon tenant's vacating premises after final inspection by landlords. 2. Pictures or other objects may be hung provided hanging is accomplished by means of angle type picture hangers. 3. Plumbing leaks and adjustments will be taken care of and paid for by the Owner's excepting clogged plumbing which shall be corrected at tenants expense unless clogging is caused by an inherent defect, such as pitch, or fall in the plumbing. 4. Overloading electrical system shall not be permitted - Any damage to electrical system caused by overloading shall be repaired at tenant's expense. Any repairs needed to electrical system as a result of a defect in wiring or power failure shall be paid for by Landlord's. 5. All rules and regulations pertaining to operation of dishwasher, disposal, stove, air conditioners shall be observed by tenants. Landlords will correct and pay for at their expense any failure or defect inherent in the machine itself including parts. Tenants shall be responsible for any repairs, including part of any a liance failure caused by overloading, abuse, or not observing regulations covering operation of any ap iance. 6. Landlord's do not represent basemant to be habitable nor do they accept any responsibility for water r mildew damage in the basement. It shall be tenant's responsibility to keep sidewalks clear of all debris including snow. 81'enant's will provide for grass to be cut on the premises. 9. $4ould Landlord's permit animals to be kept by tenant's it shall be understood by tenant's that Landlord's reserve the right to require tenant's to have animals removed from premises or tenant's to vacate premises if noise, disturbance, or uncleanliness results from keeping said pets, or if adjoining tenant's complain of such conditions. /Vo Al 5-tno/t tAi d? t1 1°E tS &9- A' The conditions of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. CERTIFICATE OF SERVICE I hereby certify that on January A I , 2010, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Kevin and Gretchen Shrawder 1003 Rebecca Street Carlisle, Pennsylvania 17013 David A. Baric, Esquire CHARLES F. YANA, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-0062 CIVIL TERM c-? KEVIN SHRAWDER and CIVIL ACTION-LAW = ;, {= GRETCHEN SHRAWDER,? :r T -? Defendants. - PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION c- Please attach the following Substitute Verification to the Complaint filed in this matter on January 21, 2010. Date: January 26, 2010 Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, Charles F. Yana, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: l ? 2 l ,mo o / U .Y 0,ZU -7-z Charles F. %na Respectfully Submitted, IRWIN & McKNIGHT, P.C. CHARLES F. YANA, Plaintiff v. KEVIN SHRAWDER and GRETCHEN SHRAWDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2010-0062 CIVIL TERM o ~ ~~ ~ mrr, z X71.' PRAECIPE TO ENTER APPEARANCE z-;' x. /~ , -c v~~ ~ ~C= N ~ ~~ c., .~.. ~. ; ~ i To the Prothonotary: ~' ~ c.a ~~' t~ Please enter my appearance on behalf of the Defendants, Kevin Shrawder and Gretchen Shrawder, in the above captioned case. Doug-Ias Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: 3/25/10 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DAVID A. BARK, ESQUIRE 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: 3/25/10 IRWIN & McKNIGHT, P.C. Do glas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 OF C4, 1David 1D. BueCC e Q Renee 7C Simpson S. Prothonota ;, 1St Deputy Prothonotary Irene E. .Morrow 7CirkS. Sohonage, ESQ Solicitor 2nd Deputy Prothonotary Office of the Prothonotary Cum6er(and County, Pennsylvania —601.Z„,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 • Ea,c(717)240-6573 •