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HomeMy WebLinkAbout11-4475CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 01/04/2012 Case No. Defendant Descriptions 11-04475 BAUM JOHN 11-04475 BAUM JOHN RENT RENT Check Amount: * 2113 * Amt Released Receipt 500.00 268021 500.00 269192 c th -r3 =A ^s -` , + M i T Cn O I ?_ CD `T. C-j. CD ?..r C'1 .^ ?-:? ?? Lr 1000.00 INFOCON CORPORATION[L1558HBI 3385603 David D. Buell ORRSTO W N BANK CUMBERLAND COUNTY' PROTHONOTARY OFFICE SHIPPENSBURG, PA 60-15031313 ' GENERAL FUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT 01/04/2012 2113 $1,000.00 W -Q One Thousand And 00/100 Dollars - N TO THE ORDER OF m d WOLF & WOLF FOR JOHN BAUM 2011-4475 10 WEST HIGH STREET m CARLISLE, PA 17013 i E E -.-_____._..._..__.-.___.....___,.?_ ?_?_ RUTH RRED SIGNATURE 11002LL311' ':03&315036': 108 LLLL7L112 b 13084001042012 PYS380 Costs & Fees Tran Payee Name - Rel Date Desc WOLF & WOLF FOR JOHN BAUM RENT 12/01/2011 PYMT/CASH 12/28/2011 PYMT/CASH Cumberland County Prothono' Check Register Receipt Case No No 268021 11-04475 269192 11-04475 :aryls office Trans Check Check Amount Date No 500.00 500.00 01/04/2012 2113 Total Amount Released Page: Check Amount 1 1,000.00 ** 1,000.00 -----------------------------------End of Listing ------------------------------ --------------------- ------ STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OV n Plaintiff : CUMBERLAND COUNTY, PENNSYLV..IA = -- : -a : 0 r m v. : NO. 2011-4475 co RICHARD LYNCH : LANDLORD TENANT -y CD -11 4= Defendant : CIVIL ACTION - LAW N3 C:) ; :a: MOTION TO TERMINATE SUPERSEDEAS Plaintiff, John Baum, by and through his attorney, Stacy B. Wolf, Esquire, hereby sets forth the following motion to terminate supersedeas, representing as follows: Movant is Plaintiff John Baum, and Respondent is Defendant Richard Lynch (hereinafter "Movant" and "Respondent"). On or about May 19, 2011, Respondent filed a Notice of Appeal from the District judge judgment, including a judgment for possession, entered on May 9, 2011. A supersedeas has been issued by the Prothonotary. 4. To obtain a supersedeas, pursuant to Pa.R.C.P.M.D.J. 1008, Respondent Appellant was required to deposit with the Prothonotary the lesser of three (3) months rent, which is $1,500.00, or the full amount of the magisterial district judge judgment for rent, which is $7,140.00. Respondent deposited $500.00 with the Prothonotary on May 19, 2011. Pursuant to Pa.R.C.P.M.D J. 1008, Respondent filed a tenant's affidavit suggesting he is unable to pay the three (3) months rent and that he has not paid the current month's rent. See Tenant's Affidavit, 5/19/2011, attached hereto as Exhibit "A." 7. Petitioner avers Respondent does have the ability to pay three months' rent in the amount of $1,500.00 as Petitioner has knowledge that Respondent has a $4,000.00-$5,000.00 certificate of deposit and is receiving monthly disability payments. 8. Pursuant to Pa.R.C.P.M.D.J. 1008, the Court may upon motion, terminate the supersedeas upon finding Respondent's averments do not meet the conditions of Rule 1008(C)(1) and Respondent does have the ability to pay three months' rent. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an order terminating the supersedeas issued by the Prothonotary, along with any additional relief the Court deems appropriate and just. Respectfully submitted, WOLF & WOLF June ?-, 2011 By: 4At??j,4 STACY B. OLF, Esquire Supreme ourt I.D. No. 882 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Plaintiff JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA << V. . NO. RICHARD LYNCH, Defendant : CIVIL TERM TENANT'S SUPERSEDEAS AFFIDAVIT (NON SECTION 8) I, Richard Lynch, 112 Water Street, Walnut Bottom, Pennsylvania, have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the actual rent in arrears. My total household income does not exceed the income limits qualifying me for free legal services and my attorneys, MidPenn Legal Services, have completed a Praecipe to Proceed in forma pauperis (IFP) certifying that I qualify for free legal services and that I am unable to afford the costs of this litigation. I have not paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. 5f Date Signature of Tenanx -?=c -Orn Wr MQ n ];'n = O-r? 2Q 2 50 EXH IP iT"H° VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in this motion are true and correct to the best of my information and belief based upon the information provided to me. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. June a, 2011 lc'?a? JJOt.Lj Baum Pl intiff STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD LYNCH, Defendant : NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this date served a true and correct copy of the foregoing document upon the following person by U.S. mail, addressed as follows: AMY HIRAKIS, ESQUIRE MID-PENN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PENNSYLVANIA 17013 June 1, 2011 Stacy B. Wolf squire STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW= co NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in fv qpwing n? pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering as tteit, appearance personally or by attorney and filing in writing with the Court your defenses or objections to the cl2'itrns set ` forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW COMPLAINT NOW, comes the plaintiff, John Baum, by his attorney, Stacy B. Wolf, Esquire, and presents the following Complaint, representing as follows: 1. The plaintiff is John Baum (hereinafter referred to as "Plaintiff'), an adult individual residing at 114 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is Richard Lynch (hereinafter referred to as "Defendant"), an adult individual residing at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 3. On December 21, 2005, Defendant entered into a residential lease agreement to rent a residence (hereinafter referred to as "the rented property") from Plaintiff at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. A true and correct copy of the parties' lease agreement is attached hereto as Exhibit "A." 4. According to the terms of the lease, Defendant was to pay $500.00 per month with the term being month to month commencing December 18, 2005. 5. According to the terms of the lease, a late fee of $30.00 is due for each month rent is not paid by the eighth day. 6. To date, Defendant has failed to pay $7,670.00 in rent, including late fees. 7. The lease provides that Defendant is to be the only individual living in the rented property and that any additional individual Defendant wishes to add must be approved by Plaintiff prior to residency. 8. The lease further provides that any additional individual living in the rented property will increase the rent by $50.00 per month. 9. In breach of the lease agreement, Defendant's girlfriend has being living in the rented property without prior authorization of Plaintiff. 10. An addendum to the lease, signed by the parties and dated March 13, 2006, provides that the front exterior door locks of the rented property may not be replaced. 11. In breach of the lease agreement, Defendant has replaced the front exterior door locks. 12. To date, as a result of Defendants' failure to pay rent and breach of other terms of the lease, Plaintiff has incurred attorney's fees in the amount of $750.00. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant and for Plaintiff in an amount not less than $7,670.00 for damages, plus costs of litigation, attorney's fees, interest, granting Plaintiff possession of the leased premises, and any other relief that the Court deems just and appropriate. COUNT I - BREACH OF CONTRACT John Baum v. Richard Lynch 13. Plaintiff incorporates by reference paragraphs 1 through 12 as if set forth in full herein. 14. Defendant's failure to pay rent constitutes a breach of the parties' lease agreement. 15. Defendant's breach of the lease agreement in not paying rent and continuing to not pay rent has caused and continues to cause the damages suffered by Plaintiff. 16. Defendant's failure to request approval from Plaintiff prior to having a second individual move into the leased premises and failing to pay an additional amount of $50.00 per month constitutes a breach of the parties' lease agreement. 17. Defendant's replacement of the front exterior door locks constitutes a breach of the parties' lease agreement. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant and for Plaintiff in an amount not less than $7,670.00 for damages, plus costs of litigation, attorney's fees, interest, granting Plaintiff possession of the leased premises, and any other relief that the Court deems just and appropriate. Respectfully Submitted, WOLF WOLF ,J ?. June , 2011 By: STACY B. LF, ESQUIRE Attorney fo laintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 tl:Sim,'INTIAL LFASIAGRE.Ei?Ii:N'1': .1 )( 1IN 1'. BM ! NI, J R. 1 l4 Water ;street Walnut Bot-_oen, PA 1.7266 -__-- /9 ,?/? Gam. (herein THIS AGREEMENT is executed between .lohn 1 . 13a un, .I r., a,? t j ?- called the "Tenant"), and beco;nes effective as ufthis date: (1) Unit: The Owner/Landlord leases to Tenant, (upon 'Terms and Con l i s 't P I?,I ? PCart t of this G fl ?J Lease agreement) the dwelling unit LOCATED at r t Walnut Bottom, PA 17266 (an(l hereinr:fter called the "premises") to be occupied exclusively as a private residence by Tenant and iwusehold. (2) Household Composition: The Tenant's hOnlsehold shall be composed oniy of the individuals listed st. below. Each household ;nembec should be list??lthby age, e Iease?Anytadditionalel ouseholdtninbe<fthal household o, er age 13 ?tre a responsible party reserv the Tenant wishes to ad;l, must be approved If lit r to ileyltllee`L<mdllordLthe11ld I/tion?iof a hor seould right to deny any additions to the teas I?u member will j reason for a rent iucrease ut'`n50.00 per person. The numbe? of household members is limited t(- person/! L3irthdate Social Security 1?dumber Name 4- , Z7 J'?1 c??.?%? ? Ili cN;?-? r, rene ed as st ipulated 'n Part I of the Lease. (3) Tern: "Cho term of this lease shall be-.u ,CY Alb-fl?? )USA t C ?? iut.U r? %C ti i 1) } t.f r r r e z1 I ?c'1 `q•' J i (1) Rent: c and ? -1 Initial rent (prorated fur partial monthl shall he S-?`x?i ..for the uc: ic,, `acLinning cndin" at n?idnight on fl?crcalter, rent in the amount of per month shall be payable in advance on the lu ,l day of each month, and shall be delinquent after Mile ?h layto the auttii:im nth, e ? btyt tile r' rcimbutscment of S uia per month (if applicable) s pa ALIthorky or the Conant. / ? j PP, - t 5) Utilities and appliances: ll indicated by an (`;) hkdm?: the Landlord provides Ilse indicalLd 11,lil0 as part of the rent Iur ?ho l?!cnli;cs: 1, t j I leatinu, 11cl I t l r: -- Sc,? _r ( ) l rash ??CH i 1 T .,?<<tet If indicatc?l h}' all (.,) below, the A.Uthority shall pr?wi(Ie the following "ppliances for the premises: (_; ) Othcl -- -- _ _ ?1?11 fi+ [Zclri??erator ( ) ookin?? K muc (_ rPart- 1 *, ,e (li) Secnrii?? I)epo5it: i"nant ?? Icr; to ha: Ll a secunl leposit. i ;,, fnrnl: tltlll (711 ticiltilic . 01 'Llic 'Gill' t`? (7) Execution: By Tenant's signature below, Tenant and household agree to the terms and conditions of Parts I and if of this lease and all additional documents made a part of the lease by reference. By the signature(s) below l./we also acknowledge that the Provisions of Part I of this Lease Agreement have beet-ore i ed an thoro+.1ghly explained to me/us. / Y TENANT: DATE CO-TENANT: rf (!' DATE _ CO-TENANT: DATE --? OWNER/LAND DATE DATE W ITN i ? ?i. .. 1. r ) t a ? g I } 1 6 I, 4 1+ 1 !! r v ? t l I ??+ 7 F- lk- G ?C rp j VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in this complaint are true and correct to the best of my information and belief based upon the information provided to me. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. June ?T, 2011 Jo aum Pl ntiff STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this date served a true and correct copy of the foregoing complaint upon the following person by U.S. mail, addressed as follows: AMY HIRAKIS, ESQUIRE MID-PENN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PENNSYLVANIA 17013 June 2011 `--d? - /J/"/ Stacy B. W , Esquire ?r/ JOHN BAUM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA a - "= --? rr rT1.-. RICHARD LYNCH '? -- a , DEFENDANT NO. 11-4475 CIVIL ORDER OF COURT AND NOW, this 14th da y of June, 2011, upon consideration of Plaintiff's°Motlon i Terminate Supersedeas, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant will file an answer to this petition on or before July 6, 2011; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing/argument on the matter will be held on Wednesday, July 13, 2011, at 3:00 p. m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, `` ?'a M. L. Ebert, Jr., J. f Stacy Wolf, Esquire IPJ Attorney for Plaintiff Amy Hirakis, Esquire Attorney for Defendant bas JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF- - Plaintiff, . : CUMBERLAND COUNTY, PEAI YINAI?(A V. : N0.2011-4475 M ? vr? ro RICHARD LYNCH, : LANDLORD TENANT Defendant C : CIVIL ACTION - LAW ? DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFF' p S COM L INT The Defendant, Richard Lynch, by and through his attorney, Amy Hirakis, Esquire, of MidPenn Legal Services, hereby files this preliminary objection to Plaintiff's Complaint and avers the following in support thereof: Insufficient Specificity of Pleading Plaintiff, John Baum, filed a complaint against Defendant on June 8, 2011, seeking judgment in the amount of $7,670.00, plus attorney fees, cost of litigation, interest, and possession of the leased property. 2. Pa.R.C.P No. 1019(a) requires that the material facts upon which a cause of action is based be stated in a concise and summary form. 3. Pa.R.C.P No. 1019(f) requires that averments of time, place and items of special damages shall be specifically stated. 4. Plaintiff alleges in paragraph six that the defendant "has failed to pay $7,670.00 in rent" and late fees. 5. Plaintiff failed to provide any sort of breakdown of the alleged amount owed, such as which months' rents have not been paid, how much is owed for unpaid rent, and how much is owed for late fees. 6. Defendant is unable to prepare an Answer to the Plaintiff's Complaint or properly defend the Complaint due to Plaintiff's failure to specifically state the material facts upon which the claim is based. 7. Therefore, Plaintiff has failed to adhere to the requirements of Pa.R.C.P No. 1019(a) and (f), requiring the filing the filing of Preliminary Objections pursuant to Pa.R.C.P. No. 1028(a)(3). WHEREFORE, the Defendant Richard Lynch respectfully requests that this Honorable Court sustain his preliminary objection and dismiss the Plaintiff's Complaint with Prejudice. Respectfully Submitted, MIDPENN LEGAL SERVICES By: Date Amy H' is, Esquire Att y for Defendant Supp6me Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Richard Lynch, hereby certify that I have served a copy of Defendant's Preliminary Objections to Plaintiff's Complaint on the Plaintiff attorney, Stacy Wolf, Esquire, on June 27, 2011, in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Stacy Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 MidPenn Legal Services, Date: ?L)n6 Amy kis, Esquire Supr Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 COMMU MAUI Qlr lB"MUM JOHN BAUM, Plaintiff, V. RICHARD LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW AFFIDAVIT OF RICHARD LYNCH I am the defendant in the above captioned case. ?rrI C" - C n... C- rv 2. I am the tenant residing at 112 Water Street, Walnut Bottom, Pennsylvania. 3. On May 19, 2011, I filed a Notice of Appeal from a District Judge judgment and a Tenant's Supersedeas Affidavit. I also deposited with the Prothonotary $500.00 for May's rent. A Supersedeas was granted. 4. On May 26, 2011, I deposited $500.00 with the Prothonotary for June's rent. 5. I affirm that the statements made in my Tenant's Supersedeas Affidavit are true. 6. I do not have a certificate of deposit in any amount. I do not have $4,000.00- $5,000.00. VERIFICATION I, Richard Lynch, certify that the averments contained in the foregoing affidavit are true and correct to the best of my personal knowledge, information, and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Signature a e SWft 8n6 aubacnbed berore me, a notary public, this ,1?,._. am- 0 day of (&k( COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHY A. BURKETT, Notary Public S. Middleton Up, Cumberland County My Commission Expires May 23, 2012 JOHN BAUM, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 G c ri RICHARD LYNCH, : LANDLORD TENANT z r?i re `r' Defendant : CIVIL ACTION - LAW ::0 r cn c? CD DEFENDANT'S ANSWER AND OPPOSITION TO PLAINTIFF * D a MOTION TO TERMINATE SUPERSEDEAS xo a zn 7> ? Defendant Richard Lynch, by and through his attorney Amy Hirakis, of Mi dPenn Lega l Services, Answers the Plaintiff's Motion to Terminate Supersedeus, presently set before the Hon. M. L. Ebert, Jr. on July 13, 2011, at 3:00 p.m., and opposes the Motion for the following reasons: Admitted. 2. Admitted. 3. Admitted. 4. Admitted with clarification. Pa.R.C.P.M.D.J. 1008(C) provides indigent tenants an alternative to the requirements of Pa.C.P.M.D.J. 1008(B). Pursuant to Pa.R.C.P.M.D.J. 1008(C), the Defendant filed a Tenant's Supersedeus Affidavit and paid the current month's rent (May 2011) to the Prothonotary in the amount of $500. As the Defendant met the requiremenets of Pa.R.C.P.M.D.J 1008(C), the Prothonotary issued the supersedeus. 5. Admitted with clarification. The Defendant has maintained the supersedeus by paying to the Prothonotary rent of $500 as it becomes due, which is every 30 days from the date of filing the appeal. 6. Admitted. 7. Denied. The Defendant does not -own a certificate of deposit in any amount. See letter from William Ellick of M&T Bank, which states the Defendant never had a Certificate of Deposit at M&T Bank, attached as Exhibit A. The Defendant does not have $4,000-$5,000.00 in savings. See Affidavit of Richard Lynch, attached as Exhibit B. Paragraph 8 of the complaint is not a factual allegation directed at the Defendant, so Defendant makes no answer to this paragraph. WHEREFORE, the Defendant Richard Lynch requests the Court to enter an order denying the plaintiff's motion to terminate supersedeus. Respectfully Submitted, MIDPENN LEGAL SERVICES By: Date Amy akin, Esquire At ey for Defendant Su Zme Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 VERIFICATION I, Richard Lynch, certify that the averments contained in the foregoing Defendant's Opposition to Plaintiff's Motion are true and correct to the best of my personal knowledge, information, and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. Date Wee Bank CORPORATE SECURrrY DEPA RTMFNT William J. Ellick Regional Security Manager 133011th Avenue Altoona, PA. 16601 814 947-5620 (office) 814 947-5625 (fax) Richard A. Lynch 112 Water Street Walnut Bottom, PA. 17266 June 13, 2011 Dear Richard A Lynch: I have researched your M&T Bank history from your initial account opening on January 12, 2004 through your current checking account opening which occurred at our Walnut Bottom office on October 2, 2006. At no time while you have been a customer at M&T Bank did you have a Certificate of Deposit (CD) of any kind in any denomination. You may call me at the above listed telephone number ifyou have any questions. Sincerely, William J. lick Corporate Security Page t of ! C01\4M0NV&AL7H QFM"YLF ?1a "M nF CLTIO RI AM JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, .N-q ;. n __ LANDLORD TENANT 4 + Defendant : CIVIL ACTION - LAW ? C?-?w (? :;L7 => r..j y, AFFIDAVIT OF RICHARD LYNCH 1 • I am the defendant in the above captioned case. 2• I am the tenant residing at 112 Water Street, Walnut Bottom, Pennsylvania. 3. On May 19, 2011, I filed a Notice of Appeal from a District Judge judgment and a Tenant's Supersedeas Affidavit. I also deposited with the Prothonotary $500.00 for May's rent. A Supersedeas was granted. 4. On May 26, 2011, I deposited $500.00 with the Prothonotary for June's rent. 5. I affirm that the statements made in my Tenant's Supersedeas Affidavit are true. 6. I do not have a certificate of deposit in any amount. I do not have $4,000.00- $5,000.00. VERIFICATION I, Richard Lynch, certify that the averments contained in the foregoing affidavit are true and correct to the best of my personal knowledge, information, and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. g ure Da e sw ft and "Scnbed L eto?e ft, a notary pubkc, thiS.Zy C?, r day a COMM NWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHY A. BURKETT. Notary Public S. Middleton Twp.; Cumberland County MY Commission Expires May 23, 2012 JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Richard Lynch, hereby certify that I have served a copy of Defendant's Opposition to Plaintiff's Motion to Terminate Supersedeus on Plaintiff's attorney, Stacy Wolf, Esquire, on July 5, 2011, and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Stacy Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 MidPenn Legal Services, Inc. Date: Amy akis, Esquire Sup e Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 i rf STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF FILED-OFFICE O THE PROTHONOTARY 2011 JUL -8 PM 1: 21 CUMBERLAND,COUNTY JOHN BAUM, Plaintiff V. RICHARD LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO PA.R.C.P. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, John Baum, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, WOLF & WOLF July 8, 2011 By; do w _ STACY B. LF, ESQUIRE SUPREME COURT ID NO. 732 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 Attorney for Plaintiff f t STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA.R.C.P. 4009.21 The Plaintiff, John Baum, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, WOLF & WOLF By: STACY WOLF, ESQ SUPREME COURT ID . 88732 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John Baum vs. Richard Lynch File No. 2011-4475 Plaintiff Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: M & T Bank (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court toy?.pr duce the following documents or things: All account statements from April 27, 2tJ1? to the present in which Richard Lynch has an interest. at wolf & Wolf, 10 West High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Stacy B. Wolf, Esquire ADDRESS: 10 West High Street Carlisle, PA 17013 TELEPHONE: (7 17 2 1- SUPREME COURT ID # 88732 ATTORNEY FOR: Plaintiff, John Baum BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy ,9 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C7 N v. : NO. 2011-4475 C= o 2n - `? 3 = RICHARD LYNCH, : LANDLORD TENANT Z0CrJ 1 C= -{ z M- Defendant : CIVIL ACTION - LAW :z;0 "arn NOTICE TO DEFEND ' YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the followin g pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other ri hts im t g por ant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, Plaintiff V. RICHARD LYNCH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW AMENDED COMPLAINT NOW, comes the plaintiff, John Baum, by his attorney, Stacy B. Wolf, Esquire, and presents the following Amended Complaint, representing as follows: The plaintiff is John Baum (hereinafter referred to as "Plaintiff'), an adult individual residing at 114 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is Richard Lynch (hereinafter referred to as "Defendant"), an adult individual residing at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 3. On December 21, 2005, Defendant entered into a residential lease agreement to rent a residence (hereinafter referred to as "the rented property") from Plaintiff at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. A true and correct copy of the parties' lease agreement is attached hereto as Exhibit "A." 4. According to the terms of the lease, Defendant was to pay $500.00 per month with the term being month to month commencing December 18, 2005. 5. According to the terms of the lease, a late fee of $30.00 is due for each month rent is not paid by the eighth day. 6. To date, Defendant has failed to pay $7,670.00 in rent, including late fees. 7. The total amount of rent and late fees due includes $6,000.00 for twelve months of unpaid rent from January 1, 2007 through December 31, 2007, $30.00 representing the late fee for the March, 2011 rent, unpaid rent for April, 2011 of $500.00 plus the $30.00 late fee and the $50.00 extra person fee to cover Defendant's girlfriend, unpaid rent for May, 2011 of $500.00 plus the $30.00 late fee, and unpaid rent for June, 2011 of $500.00 plus the $30.00 late fee. 8. The lease provides that Defendant is to be the only individual living in the rented property and that any additional individual Defendant wishes to add must be approved by Plaintiff prior to residency. 9. The lease further provides that any additional individual living in the rented property will increase the rent by $50.00 per month. 10. In breach of the lease agreement, Defendant's girlfriend has being living in the rented property without prior authorization of Plaintiff. 11. An addendum to the lease, signed by the parties and dated March 13, 2006, provides that the front exterior door locks of the rented property may not be replaced. 12. In breach of the lease agreement, Defendant has replaced the front exterior door locks. 13. To date, as a result of Defendants' failure to pay rent and breach of other terms of the lease, Plaintiff has incurred attorney's fees in the amount of $1,557.00. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant and for Plaintiff in an amount not less than $7,670.00 for damages, plus costs of litigation, attorney's fees, interest, granting Plaintiff possession of the leased premises, and any other relief that the Court deems just and appropriate. COUNT I - BREACH OF CONTRACT John Baum v. Richard Lynch 14. Plaintiff incorporates by reference paragraphs 1 through 12 as if set forth in full herein. 15. Defendant's failure to pay rent constitutes a breach of the parties' lease agreement. 16. Defendant's breach of the lease agreement in not paying rent and continuing to not pay rent has caused and continues to cause the damages suffered by Plaintiff. 17. Defendant's failure to request approval from Plaintiff prior to having a second individual move into the leased premises and failing to pay an additional amount of $50.00 per month constitutes a breach of the parties' lease agreement. 18. Defendant's replacement of the front exterior door locks constitutes a breach of the parties' lease agreement. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant and for Plaintiff in an amount not less than $7,670.00 for damages, plus costs of litigation, attorney's fees, interest, granting Plaintiff possession of the leased premises, and any other relief that the Court deems just and appropriate. Respectfully Submitted, WOL & WOLF July 2011 By STACY B. OLF, QUIR Attorney for laintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ---- ----- J01INT. BA1-'M, J . 114 Water :A]'Cc( walnut 13t?l,om, '.'A 17260 ,ruits AGREEMEiVT is e:.ccuted bct?\een John 1 . I3?t?u11, .I r., and C/79f c ?___ this the. "'] errant ), and becomes of lcrti??e as uldate: _. (I j Unit: The O?'?ncrlLandlord leases to Tenant, (upon 'Terms and Con litions set Fc4r, h t"n fart I of this , ? Lease a??;reenlentj the awellin?.; Milt LIJ(`'A'I LU it _! ? H, c"7- ?tiialuut 13oUon? PA 17/1-66 (and herein-;fte1 cit ed the "pren ilses") to be occupied e_c,usivel} as a private residence by Lennilt and household. l2) Rousehold ? ?on?position: 'I lie 'ienant's h?.tusehold shall be cumpused only of the individuals listed below. Each household memher should be listed by 1gi, oldest to ?oun?_,e.,t. All members of the household o-, er age IS ?u'c a responsible party to the lease. Any additional household member that the Tenant wishes to ad:l, Must be appiovcd prior to residency'. The Lalull?.ird/Owner reserves the right to cl,'m any additions to the iease. !I' approved by the Landlord, the .,dclltiun uC a household member \i Ill b, reason for a tent iucrcase OU per person. The Ilumbot O household met>>L,ers IS limited t. Verson Namc L3irthdate 5oclal ``ecurity Number --- . ?l ?? i; ? ; " ,"? ¢ ? •_?.?-?=-??- '?=?=-,may - {-''-'-?- i/T C) T? 1-C1,111: 'I ht; tci m of tits Iclse shall be.??.ie calanc?a ? r- reneje( i as silpulated n Part I of the L Ise. -? r Fio-f ?<) l/?1C f,_???/?f? ]1.151 C L , f '/? Relit: 4 Initial rcnl II.)I .orlltcd I'M partial inondl I "ball hc, S--" for the n?::?I( llu? inning ??nd t ?ndin t nlltlnl??llt on r`? '?1??. ifcx_ l hcrraltcl_ rent in the n!nownt of per month shall be 1mv;Ihlc. in advance on tllc (ir,t ln? ?,( c:ICll nn?nlll, and shall hc? delinyuc:nt after lh?? 6th day of said month. /\ u(i nlonth tpplicIf.) shill he ' h e o 111 , y suI) I ,llcI u? the 5 It/a per (I? al, ?? u d t o i nuL1?,II?;cnl?llt ??I tLlthol Ih or the I cn utl L] a4_1 1 ># t t f0" L.:. <:, ?ttllltll. :lml -u_1 ? 11,1ii1 I)Il',I?-IC` Ilia 'il?Ilca?.'.'?_I JII, i, );III t?l I11?_ mill IOC 111C I in<li?,il??l ci _• rig iI . ? ? is-tit ._ ?a?? I I I I'lIICC o thy' p) 1111 ?XH? (7) Execution: By Tenant's signature below, Tenant and household agree to the ternti and conclitions of Parts I and II of this lease and all additional documents made a part of the lease by reference. By the signature(s) below I/%%c also ackno%vled,e that the Provisions of Part I of this Lease Agreement have beelvrepeived an thoro,i.ighly explained to me/us. 41 TENANT: DATE COTENANT: /; DATE CO-TE DATE ER/LANI DL. DATE ??, ? ? i ?' `ice W ITN ES5 41, DATE r ? €L 1 r (J ) _ IV- ' i " ?. 4` ; 1 f r r, y ? r i ?. I F l l J ?? 3, 1 ? t... 1 ( r r ,_d ?' r f t } Ir - ) d r. _ r Y i I T? I t 9 _ Cato f ? VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in the instant action and that the facts stated in the above complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ') , 1 2011 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, Plaintiff V. RICHARD LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this date served a true and correct copy of the foregoing amended complaint upon the following person by U.S. mail, addressed as follows: AMY HIRAKIS, ESQUIRE MID-PENN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PENNSYLVANIA 17013 July 15/ 2011 Stacy B. W f Esquire STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF ILED-OPFICi:: r 1 ?, r ?X THE PROTHONOTill,i'' 201 I JUL 22 PM 12:2 8 CUMBERLAND COUH JOHN BAUM, V. : IN THE COURT OF COMMON PL A Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-4475 RICHARD LYNCH, Defendant LANDLORD TENANT CIVIL ACTION - LAW MOTION FOR RELEASE OF ESCROWED FUNDS PURSUANT TO PA.R C P M D J 1008(C) TO THE HONORABLE M.L. EBERT, JR., THE JUDGE OF SAID COURT: AND NOW, comes John Baum, Plaintiff, by and through his attorney, Stacy B. Wolf, Esquire, who moves your Honorable Court as follows: On or about May 19, 2011, Richard Lynch, Defendant, filed a Notice of Appeal from the District Judge judgment, including a judgment for possession, entered on May 9, 2011. 2. A supersedeas has been issued by the Prothonotary. Defendant has paid his monthly rent amount into an escrow account since filing the appeal and is required to continue to pay rent each month pursuant to Pa.R.C.P.M.D.J. 1008(C)(3). 4. Pursuant to Pa.R..C.P.M.D.J. 1008(C)(6), Plaintiff, the landlord, may request the release of funds from the escrow account on a continuing basis "while the appeal is pending to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of the appeal". The instant motion is being filed to obtain authorization from the Court to release all escrowed funds paid by Defendant to Plaintiff as well as to authorize the continual release to Plaintiff of all future funds paid by Defendant into the escrow account. WHEREFORE, it is respectfully requested that this Honorable Court authorize the release of all escrowed funds paid by Defendant to Plaintiff as well as to authorize the continual release to Plaintiff of all future funds paid by Defendant into the escrow account, along with such other relief the Court deems appropriate and just. n -1 Dated: July Q'2011 Respectfully submitted, WOLF & WOLF, Attorneys at Law By: " Z&J L Stacy B. Wo Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LYNCH, Defendant : NO. 2011-4475 : LANDLORD TENANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this date served a true and correct copy of the foregoing document upon the following person by U.S. mail, addressed as follows: AMY HIRAKIS, ESQUIRE MID-PENN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PENNSYLVANIA 17013 July L?, 2011 Z- 4 JOHN BAUM, V. Plaintiff RICHARD LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Cl . c r.,, o CD -n --i NO. 2011-4475 zM M- : LANDLORD TENANT eau 0 o CIVIL ACTION - LAW ..a cD =? c) -- c-n ORDER OF COURT th NOW, this ? day of 2011, on motion of Plaintiff, John Baum, the request for the release of all escrowed funds paid by Defendant to Plaintiff as well as the request for the continual release to Plaintiff of all future funds paid by Defendant into the escrow account, is hereby GRANTED. Distribution: .9tacy B. Wolf, Esquire For the Plaintiff AImy Hirakis, Esquire For the Defendant BY THE COURT, 1%K' -t M.L. EBERT, JR., 7 9-11.- Pep Rtk I)O by Pone O ? `?? Po?1e LO . W01f 9° 0o IT 3e-06 Lo 061F, wo l ? q:I o Arn -oP 01nTalan J. LUiVtr3tKLH!Y!?' ti,L":"u " T "'SCJ ""1V'V:J' HKT Ut-t-!Ut - UtNtKAL t•U1VV C:n.eck Date: 07!20>/20 Case No . :=lefe: ?dant * 2068 * Amt Released Receipt Descriptions 11-04475 B;n,.IJ-I JOHN RENT 11-04475 BA.UM JOHN 11-04475 Bil.UM JOHN Lip 500.00 259484 500.00 259777 500.00 261244 rl?sux, I tL ??C-v 1-\,o\ C- I P cl/1-1 7 Check Amount: 1500.00 INFOCON CORPORATION[L1558HB13385603 David D. Buell ORRSTOWN BANK SHIPPENSBURG, PA CUMBERLAIND COUNTY PROTHONOTARY OFFICE 60-15031313 GENERAL FUND 1 COURTHOUSE SQUARE, SLIITE 100 CARLISLE, PA 17013 R CHECK DATE CHECK NUMBER PAY THIS AMOUNT o 07/29/2011 2068 $1,500.00 0 m a One Thousand Five Hundred And 00/100 Dollars TO THE ORDER OF m WOLF & WOLF FOR JOHN BAUM 2011-4475 10 WEST HIGH STREET p CARLISLE, PA 17013 1 I i - 11'00 20 68t1' 1:0 3 1 3 L 50 3 D: 108 1 1 1 17 Li[' ,,:ZuJ6U7?:2L`-- PYS3E0 Costs & Fees Tran Payee Name - Ref Date Desc WOLF & WOLF FOR JOHN BAUM RENT 5/19/2011 PYMT/CASH 5/26/2011 PYMT/CASH 7/01/2011 PYMT/CASH Check Register Receipt Case Trans Check No No Amount Date 259484 11-04475 259777 11-04475 261244 11-04475 Check No 500.00 500.00 500.00 07/29/2011 2068 Total Amount Released raQ? Check Amount 1,500.00 ** 1,500.00 -----------------------------------End of Listing --------------------------------------------------------------------- JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA ?• : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW c ? M r,. C= te _. F- ANSWER TO AMEMDED COMPLAINT u, r --- d,?i AND NOW, comes the Defendant, Richard Lynch, through his attorney Amy§f?'aki -r Esquire, MidPenn Legal Services, and files the following Answer to the Plaintiff's Am deb Complaint: 1. Admitted. 2. Admitted. 3. Admitted in part. Denied that Plaintiff's Exhibit A is the actual lease the parties signed and agreed to. The correct lease that the parties agreed to and signed is attached as Exhibit A. 4. Admitted in part. Denied in part that the lease is for a month to month term. 5. Denied. 6. Denied. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. Defendant denies that he signed the addendum that is part of Plaintiff's Exhibit A. 12. Denied, as Defendant denies that he agreed not to change the locks. 13. Denied, as the Defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of this statement. 14. Paragraph 14 of the complaint is not a factual allegation directed at the Defendant, so Defendant makes no answer to this paragraph. 15. Denied. The Defendant has paid his rent as required by the lease. 16. Denied. The Defendant has paid his rent as required by the lease. 17. Denied. The Defendant is the only individual residing in the rented property. 18. Denied. NEW MATTER 19. Neither the lease that the Plaintiff attached to his complaint as Exhibit A, nor the lease the Defendant attached as his Exhibit A, contain a provision that allows either party to collect attorney fees from the other. 19. The omission of a provision in the lease that allows for attorney fees to be awarded forecloses the Plaintiff from seeking attorney fees from the Defendant. WHEREFORE, the Defendant requests that Plaintiff receive nothing, and that judgment be entered for the Defendant. Respectfully Submitted, MID By:_ Date :VICES akis, Esquire Amy t y for Defendant Su eme Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 VERIFICATION I, Richard Lynch, certify that the averments contained in the foregoing Answer are true and correct to the best of my personal knowledge, information, and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification-to authoriti ignature 4f? D e ' J J This agreement is executed between 3Uhn T. Ba Jr. landlords and Richard Lynch and Lisa I?elle ?' {herein referred to as the becomes effective as-of . Ye'eu called the "Tenants") and member IS, 200: The owner/landlord leases to the Tenants the dwellug located at 112 Water Bo`" PA 1'7266 to be occupied excussively ass . •vate ater Street, Tenant and household. - ri residence by Initial rent shall.be $250 m repairs and renovations to onthhr.ywith the agreement that tenant Perfonns neces -then the rent the P'?'• *- ? the time when the work is. completed WiA be increasbd to $560 ntbl At that agreement will be negotiated y. point in time a new rental a'lurtten up: Tenant. Co-Tenant: r `gam'' O vner^ r hate: .N.. Date: / w, 6'xA,'b;4.e4 JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Richard Lynch, hereby certify that I have served a copy of Defendant's Answer to Amended Complaint on the Plaintiff's attorney, Stacy Wolf, Esquire, on August 4, 2011, in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Stacy Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 MidPenn Legal Services, Date: f?- (/- "?0// .! f funy is, hsquire Sup e Ct. ID No. 310094 401 Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 %qbtKL-ANU I.UUN I T VKU 1 NUNU 1 At Check Date: 08/10/2011 Case No. Defendant 11-04475 BAUM JOHN 1,t - UtntKAL 1-UrvU Descriptions Amt Released R2075 * RENT 500.00 262653 -o ' CD n:2, - 7-Check Amount: 500.00 INFOCON CORPORATION[I-1 558HI31 3385603 David D. Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GENERAL FUND I COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 ; CHECK DATE CHECK NUMBER 08/10/2011 2075 TO THE ORDER OF WOLF & WOLF FOR JOHN BAUM 2011-4475 10 WEST HIGH STREET CARLISLE, PA 17013 ORRSTOWN BANK SHIPPENSBURG, PA 60-15031313 PAY THIS AMOUNT $500.00 Five Hundred And 00/100 Dollars AUTHORIZED 0 0 3 is 0 11100 20 7 5111 1:0 3 13 150 3 61: 108 1 1 1 1 7 111' 104651081.02011 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount WOLF & WOLF FOR JOHN BAUM RENT 8/02/2011 PYMT/CASH 262653 11-04475 500.00 08/10/2011 2075 500.00 ** Total Amount Released 500.00 ---------------- -------------------End of Listing --------- -------------- ------------------- ------------ --------------- q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John Baum Plaintiff VS. NO.4475 2011 Richard Lynch : c RULE 1312-1 Defendant rn 3 rrn The Petition for Appointment of Arbitrators shall be substantially i Following form: 't ;,,_ <C3 PETITION FOR APPOINTMENT OF ARBITRATORS )>C-) TO THE HONORABLE, THE JUDGES OF SAID COURT: N (n tiD a• 0 Stacy B. Wolf, Esquire , counsel for t plaintif defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 7,670.00 The counterclaim of the defendant in the action is none The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Amy Hirakis, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. c?+ rn_ -4 ' ZQ 0 Respectfully submitted, ORDER OF COURT AND NOW, XLf,IO?_ q _, 20#r , in consideration of the foregoing petition, %-Id ??i?ix'AT)'?/?.G[.?.[?1 Esq., and 4A41 Esq., and Z /h!/!'L lam. `/`?A ?QJOLtd-J Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, ess, P.J. Kev' X. H 'OF Co '6el OF THe PR4 -OFFICE 42#11 SEP - ) 4M 9:36 r CU"SERL AND ? 36 PE SYLVAMJA -"I*,aj /AL cko 3.2 8"`T 4_? A;4- cr) - 7-CD cz cX3 -Hoeq uo SpE460 'papnloui swnleal 4pnaag +8 I ? O r-1 0 rI `O z o q O Lf) O Q V)- C) r-1 i I L O ' Q CD a o YQ i Q U` m - f Imo -? OZ? x i FLU O, o= > r 1 m o ? k ? N a z z _ ,, ' U ?., Y x Ei r? Z = h W 0 p ¢ _ a? U Q ti .4 W { o w 004 a ' F-i 1 OU) x i c w W a 0 a E-q ?wH ? \ Ll? _?WH I W 00 LL I+l f--i I z U 0o09 I :. 0J D ? ? 3Nr IU ! ° o a CQ U LLJ z ? -? w I U I Ct- .-a a co O a O Ln r. rfl -a r ri O O ri! O O VINVAIASNN3d Awn 01.0,1183SWA., Z 1 :Z d 81 AON 1 f Z ?1ON C, H_ 3; 11055511182011 Cumberland County Prothonctary's ce ^age, PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - R.el Date Desc No No Amount Date No Amount WOLF & WOLF FOR JOHN BAUM RENT 11/02/2011 PYMT/CASH 266796 11-04475 500.00 11/18/2011 2096 500.00 ** Total Amount Released 500.00 ------------------------ - ---------End of Listing --------------------------------------------------------------------- RECEIPT FOR PAYMENT ** DUPLICATE ** Cumberland County Prothonotary's Office Receipt Date 1/19/2011 Carlisle, Pa 17013 Receipt Time 11:39:54 Receipt No. 253847 ALLSTATE LIFE INSURANCE CO (vs) LAIRD RONALD M ET AL Case Number 2010-02064 Remarks PD BY ALLSTATE BB Total Non-Cash. + 98,820.17 PYMT/CHECK Ref# 1274542 Total Cash..... + .00 Change......... - .00 Total Paid....... $98,820.17 Distribution of Payment ---------------------- ---------------------- Transaction Description Payment Amount BOND 17003708 - 10-9999 98,820.17 $98,820.17 CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 01/04/2012 * 2113 Case No. Defendant Descriptions Amt Released Receipt 11-04475 BAUM JOHN RENT 500.00 268021 11-04475 BAUM JOHN RENT 500.00 269192 c-s C rv ° = Y ; :Zrn 7? '¢ (n h Q C: ? c ) a 3> C-, CO C Check Amount: 1000.00 INFOCON CORPORATION[L1558HB] 3385603 David D. Buell ORRSTOWN BANK 3/313 PA CUMBERLAND COUNTY PROTHONOTARY OFFICE SHIPPENSBURG 0 GENERAL FUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 A CHECK DATE CHECK NUMBER PAY THIS AMOUNT o 01/04/2012 2113 $1,000.00 0 a One Thousand And 00/100 Dollars a TO THE ORDER OF WOLF `& WOLF FOR JOHN BAUM N 2011-4475 m 10 WEST HIGH STREET CARLISLE, PA 17013 f i AUTH RREG SIGNATURE E 112002LL311' i:03L3L5036': L08 LLLL7111' 13084001042012 Cumberland County Prothonotary's Office PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Payee Name - Rel Date Desc No No Amount Date No WOLF & WOLF FOR JOHN BAUM RENT 12/01/2011 PYMT/CASH 268021 11-04475 500.00 12/28/2011 PYMT/CASH 269192 11-04475 500.00 01/04/2012 2113 Total Amount Released Page: 1 Check Amount 1,000.00 ** 1,000.00 -----------------------------------End of Listing --------------------------------------------------------------------- • r? THE PROTHGNO T; 2012 MAR -5 AM 8: 33 CUMBERLAND COUNT',' PENNSYLVANIA YQ Z Z 3m8 F- z aa$ o= -?Oeq uo speis0 papnpo , sanlea; Alpnoas B m rd o r4 o r--I z U A n o 0 Ln O cir o h o a o a v x N w lO ? M m rl GQ ? Z N W U Y x E-q r) w i o WH O ao ? E-i o ? 0 44 004 z x o 0 N Ln - z Fr ? w h o o ?t+ F+ a a? ` 1WH o 0 o r? W M p 3Nr-1U .7C 7 ' O W U p LL) (? ? O O A a '" CJ 08061003052012 Cumberland County Prothonotary's Office PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Payee Name - Rel Date Desc No No Amount Date No WOLF & WOLF FOR JOHN BAUM RENT 3/01/2012 PYMT/CASH 271842 11-04475 500.00 03/05/2012 2136 Total Amount Released Page: 1 Check Amount 500.00 ** 500.00 -----------------------------------End of Listing --------------------------------------------------------------------- STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM., Plaintiff V. RICHARD LYNCH, Defendant L, L Li it ?11F?!7 ,' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4475 : LANDLORD TENANT : CIVIL ACTION - LAW MOTION FOR CONTINUANCE NOW comes the Plaintiff, John Baum, by his attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the March 23, 2012 arbitration hearing, representing as follows: 1. The plaintiff is John Baum, an adult individual residing at 1144 Water Street, Walnut Bottom, Pennsylvania 17266. 2. The defendant is Richard Lynch, an adult individual residing at 112 Water Street, Walnut Bottom, Pennsylvania 17266. 3. An arbitration hearing has been scheduled for Friday, March 23, 2012 at 10:00 a.m. 4. The undersigned was notified on March 21, 2012 that Plaintiff is hospitalized at Johns Hopkins. 5. The undersigned planned to offer Plaintiff's testimony by telephone at the hearing. 6. The undersigned was notified this date that Plaintiff is now scheduled for transplant surgery tomorrow morning, on March 23, 2012. 7. Therefore, the defendant is requesting that this hearing be continued to a later date. The arbitration hearing has been continued on other occasions by the agreement of counsel due to Plaintiff being hospitalized in the past, however, the board of arbitrators has informed the undersigned it is not comfortable continuing this hearing any further. The request for a continuance has been necessitated by circumstances beyond Plaintiff's control. 10. Concurrence in the foregoing motion was sought from Counsel for Defendant, Amy Hirakis, Esquire, and a response had not been received as of the time of this filing. WHEREFORE, Plaintiff, John Baum, respectfully requests that the Court issue an Order continuing the March 23, 2012 arbitration hearing, along with any additional relief that the Court may deem appropriate and just. Dated: March 22, 2012 By: Respectfully submitted, WOLF & WOLF Stacy B. Wo , Esquire 10 West Hi Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify I am counsel for Plaintiff, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. March 22, 2012 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue, upon the following person, by facsimile, addressed as follows: Amy Hiralds, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Dated: March 22, 2012 Respectfully submitted, WOLF & WOLF, Attorneys as Law By: ` Stacy B. Wo Esquire 10 West H' Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff JOHN BAUM, PLAINTIFF V. RICHARD LYNCH, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-4475 CIVIL TERM ORDER OF COURT 22?? day of March, 2012, upon consideration of the attached motion, IT IS HEREBY ORDERED AND DIRECTED that the Arbitration Hearing scheduled for March 23, 2012, at 10:00 a.m., is CONTINUED to a date to be set by the chairperson of the Board of Arbitrators. Despite the apparently bona fide reason for this continuance, it appears that this is not the first request for a continuance by Plaintiff. Therefore, we direct that no further continuances be granted to Plaintiff without the approval and consent of Defendant and the Board of Arbitrators. By the Court, ? Stacy B. Wolf, Esquire For Plaintiff v Amy Hirakis, Esquire For Defendant Kathy Shaulis, Esquire - Cope Ue Chairperson, Board of Arbitrator Albert H. Maslan , J. -am ;Z - + TZ =M '? ; _ - -T r ?y p'j C? (--.e -? ---, saa ?Op;e.s ma.led 3? 3 'D CUMBERLAND CO'-*Nf ^ROTFONOTARY OFFICE - GENERAL FUND Check : a l:? ramie N". Eef_.-nd 11-044-5 =3AtJ°! :0?j:\T David D. Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GENERAL FUND I COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 04/12/2012 2142 Descriptions RENT Check Amount ORRSTOWN BANK SHIPPENSBURG, PA 60-15031313 * 2142 * Amt Released Receipt 500.00 273282 500.00 INFOCON CORPORATION(L1558HB) 3385603 PAY THIS AMOUNT o $500.00 0 a Five Hundred And 00/100 Dollars - TO THE ORDER OF - WOLF & WOLF FOR JOHN BAUM 2011-4475 23 10 WEST HIGH STREET CARLISLE, PA 17013 AUTHORIZED SIGNATUR ----------- ------- 11100204211' t:03L315036i: L08 LLLL?L11' 09324504122012 PYS380 Costs & Fees Tran Payee Name - Rel Date Desc WOLF & WOLF FOR JOHN BAUM RENT 4/02/2012 PYMT/CAS Cumber'-.and County Prcthonotary's Check Register Receipt Case Trans Check Check No No Amount Date No H 273282 11-04475 500.00 04/12/2012 2142 Total Amount Released Page 1 Check Amount 500.00 ** 500.00 End of Listing -------------------------------------------------------------------- ----------------------------------- CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 05/01/2012 Case No. Defendant Descriptions 11-04475 BAUM JOHN RENT Check Amount: > Wi trn -< r1a CD r-= ?v ? - co David D. Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GENERAL FUND I COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 05/01/2012 2151 TO THE ORDER OF WOLF & WOLF FOR JOHN BAUM 2011-4475 10 WEST HIGH STREET CARLISLE, PA 17013 ORRSTOW N BANK SHIPPENSBURG, PA 60-15031313 * 2151 Amt Released Receipt 500.00 274414 500.00 INFOCON CORPORATION[I-1558HB13385603 ------------- PAY THIS AMOUNT $500.00 0 3 Five Hundred And 00/100 Dollars - v m RUTH IZED SIGNATURE 11100215L11° 11:0313L50361: L08 1LLL71111 12464505012012 PYS380 Costs & Fees Tran Payee Name - Rel Date Desc WOLF & WOLF FOR JOHN BAUM RENT 4/30/2012 PYMT/CASH Cumberland County Prothonotary's Office Check Register Receipt Case Trans No No Amount Check Check Date No 274414 11-04475 500.00 05/01/2012 2151 Total Amount Released Page: Check Amount 500.00 ** 500.00 -----------------------------------End of Listing --------------------------------------------------------------------- John Baum Richard Lynch Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 11 -4475 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 Common 1 dischar a the duties of our office with fidelity. Si tore i Signature Kathleen K. Shaulis Evan C. Pappas John P. Neblett Name (Chairman) Name Shaulis Law Shumaker Williams Law Firm Law Firm P. O. Box 1229 3425 Simpson Ferry Road Address Address Carlisle, PA 17013 Camp Hill PA 17011 City, Zip City, Zip Award Name - Reager and Adler Law Firm 2331 Market Street Address Camp Hill, PA 17011 City, Zip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) UrPald, 7 - Dce, 200 7) t,, ooo, oa Ur. pa \ d` ?t? C_!4?YA 1 z©t t? Soo . vo Vn?a?d ` iv ?t? 3a• 04> lor}c-6, C PIA k V,41f*k----0 V01 a cs rd , s30. caa Pc?ss???i? e? P -b P la nn r Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 05/17/12 Date of Award: 05/17/12 Notice of Now, the day of , 20-1-a , at , _ 4 M., the above award was entered upon the docket and noti thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid` upon appeal: $?? , g•6 By: Prothonotary Deputy PENNSYLVANIA (? l E.p ink c Lsi CL A +?r STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 11 JUN? -4 PM PENNSYLVANIA JOHN BAUM, Plaintiff' v. RICHARD LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW PRAECIPE TO TERMINATE SUPERSEDEAS TO THE PROTHONOTARY: Please terminate the supersedeas in the within action for failure of Richard Lynch, the appellant, to pay monthly rent for the month of June, 2012 as required by Pa.R.C.P.M.D J. 1008 when it became due. Please serve atime-stamped copy of this Praecipe upon Amy Hirakis, Esquire, attorney for Richard Lynch, in the stamped, addressed envelope provided herewith. Respectfully Submitted, WOL & WOLF June 4, 2012 By: STACY B. ESQUIRE Attorney f laintiff C Supreme Court I.D. No. 88732 Upon confirmation of failure of Richard Lynch, the appellant, to deposit the monthly rent when it became due, the supersedeas is hereby TERMINATED. FOR THE COURT: Date: -L)a? I - Prothonotary ?? STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-2414436 ATTORNEY FOR PLAINTIFF JOHN BAUM, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-4475 RICHARD LYNCH, Defendant : LANDLORD TENANT : CIVIL ACTION - LAW MOTION FOR ORDER FOR POSSESSION C-) "o r-nm ..m c r-- -<? ;-+C- r7l (7 _y Plaintiff, John Baum, by and through his attorney, Stacy B. Wolf, Esquire, hereby sets forth the following motion for order of possession, representing as follows: 1. Movant is Plaintiff John Baum, and Respondent is Defendant Richard Lynch (hereinafter "Movant" and "Respondent'. 2. On or about May 19, 2011, Respondent filed a Notice of Appeal from the District judge judgment, including a judgment for possession, entered on May 9, 2011. 3. A supersedeas was issued by the Prothonotary. 4. Movant sought a termination of the supersedeas which request was denied but the Order disposing of such request set forth conditions under which the supersedeas could be maintained. 5. These conditions appear in the Order of Court issued by this Honorable Court dated July 13, 2011 granting the Movant the ability to file a praecipe to terminate the supersedeas with the Prothonotary pursuant to Pa.R.C.P.M.D J. 1008(7) upon Respondent's failure to pay the monthly rent when it became due. 6. Respondent timely paid monthly rent from May 2011 until May 2012. 7. An arbitration hearing was held on May 17, 2012 the result of which was the entry of an award in favor of Movant for possession and awarding monetary damages in excess of $6,500.00. 8. Thereafter, Respondent failed to pay his rent into Court by June 1, 2012. 9. On June 4, 2012, Movant filed a Praecipe to Terminate Supersedeas due to Respondent's failure to pay rent for the month of June 2012 as required by Pa.R.C.P.M.D J. 1008 when it became due, and in accordance with this Court's Order. 10. On June 4, 2012, the supersedeas was terminated. A true and correct copy of the Praecipe to Terminate Supersedeas is attached hereto as Exhibit "A." 11. As of the time of this filing, Respondent has failed to pay the monthly rent into Court for the month of June, 2012. 12. Movant now requests this Honorable Court issue an Order for Immediate Possession, to be served and executed by the Sheriff of Cumberland County without further notice or opportunity for the Respondent to delay Movant's ability to resume rightful possession of the property. 13. The Honorable M.L. Ebert, Jr. was previously assigned to this case regarding the termination of the supersedeas. 14. Amy Hirakis, Esquire, representing the Respondent, was contacted by the undersigned concerning this request. As of the time of filing, no response had been received. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an order for immediate possession, along with any additional relief the Court deems appropriate and just. June &-, 2012 Respectfully submitted, WOLF & WOLF, Attorneys at Law By: ST CY Bturt OLF, Esquire Supreme I.D. No. S 32 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned counsel for Plaintiff, verify that the statements in the above motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. June-/L, 2012 Stacy B. W# f Attorney for Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY M NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE,. PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, Plaintiff V. RICHARD LYNCH, Defendant `. F. I??U Ott p ?7fZ JUN _4 PM 3: ? . PFNNS YL Vq COT T Y : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW PRAECIPE TO TERMINATE SUPERSEDERS TO THE PROTHONOTARY: Please terminate the supersedeas in the within action for failure of Richard Lynch, the appellant, to pay monthly rent for the month of June, 2012 as required by Pa.R.C.P.M.D J. 1008 when it became due. Please serve a time-stamped copy of this Praecipe upon Amy Hirakis, Esquire, attorney for Richard Lynch, in the stamped, addressed envelope provided herewith. Respectfully Submitted, WOLF June 4, 2012 By: STACY B. ]WpLF, ESQUIRE Attorney ft Plaintiff l Supreme Court I.D. No. 88732 Upon confirmation of failure of Richard Lynch, the appellant, to deposit the monthly rent when it became due, the supersedeas is hereby TERMINATED. FOR THE COURT: Date: ` -• / ExK) a> t7_ "A`' _71?aax. - J). Prothonotary TRUE COPY FROM RECORDI in Testimony vN und, I hem urAo eat' my hand and ttta 0("W at Cwk* P& This day of 20 t z STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 n7-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LYNCH, Defendant : NO. 20114475 : LANDLORD TENANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this date served a true and correct copy of the foregoing document upon the following person by U.S. mail, addressed as follows: AMY HIRAKIS, ESQUIRE MID-PENN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PENNSYLVANIA 17013 June, 2012 Stacy B. Wo squire t 4 JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 `;t rvr RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR ORDER FOR POSSESSION Defendant Richard Lynch, by and through his attorney Amy Hirakis, of MidPenn Legal Services, responds to Plaintiff's Motion for Order for Possession, presently set before the Hon. M. L. Ebert, Jr., as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Pa.R.C.P.M.D.J. 515(B)(2) states, "In a case arising out of a residential lease, if before plaintiff requests an Order for possession, (a) an appeal or writ of certiorari operates as a supersedeus; or ('b) proceedings in the matter are stayed pursuant to a bankruptcy proceeding; and (c) the supersedeus or bankruptcy stay is subsequently stricken, dismissed, lifted, or otherwise terminated so as to allow the plaintiff to proceed to request an order for possession, the plaintiff may request an order for possession only within 120 days of the date the supersedeus or bankruptcy stay is stricken, dismissed, lifted, or otherwise terminated. Pa.R.C.P.M.D.J. 515 provides for the procedure in which Plaintiff can obtain possession of the residential iental property. If Plaintiff requested an Order for Possession under this rule, the Plaintiff would be issued an Order for Possession which provides Defendant with 10 days to vacate the property. Defendant's position is that Plaintiffs Motion for Order for Possession, which requests an order granting immediate possession, is not the proper procedure for obtaining an Order for Possession, and that an order granting immediate possession to the Plaintiff would hinder Defendant's ability to remove his personal belongings, including furniture, from the rental property. 13. Admitted. 14. Admitted. WHEREFORE, the Defendant Richard Lynch requests the Court deny Plaintiff's Motion for Order of Possession. Respectfully Submitted, MIDPENN LEGAL SERVICES A-W By:Y Date Am a cis, Esquire Aty for Defendant Supreme Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 • JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Richard Lynch, hereby certify that I have served a copy of Defendant's Response to Plaintiff's Motion for Order for Possession on Plaintiff's attorney, Stacy Wolf, Esquire, on June 8, 2018, and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Stacy Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Date: -? MidPenn Legal Services, Inc. i k, i Supr Ct. ID No. 310094 401 E. outher Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 JOHN BAUM, PLAINTIFF V. RICHARD LYNCH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4475 CIVIL ORDER OF COURT AND NOW, this 13th day of June, 2012, upon consideration of the Plaintiff's Motion for Order for Possession and the Defendant's Response thereto, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Order for Possession is GRANTED. Defendant will vacate the premises at 112 Water Street, Walnut Bottom, Pennsylvania, on or before June 23, 2012. The Sheriff of Cumberland County shall serve a copy of this Order upon the Defendant and post a copy of the Order on the premises at 112 Water Street, Walnut Bottom, Pennsylvania. By the Court, ? Stacy B Wolf, Esquire Attorney for Plaintiff / Amy Hirakis, Esquire Attorney for Defendant Cumberland County Sheriff -BAS (??131 ja- bas (p' f;p-s ma.beo( W-4- ?'ea M C) ft7 ._.- P"?3 s.._ W r . . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ? ?t%,P p( $dfmbpea OFFn,E OF ',,E S'-ERIFr s ?'.:1 to Jody S Smith Chief Deputy Richard W Stewart Solicitor 6=j TWrER k'S/? /?? John Baum vs. Richard Lynch Case Number 2011-4475 SHERIFF'S RETURN OF SERVICE 06/13/2012 08:15 PM - Deputy Ryan Burgett, being duly sworn according to law, states that on June 13, 2012 at 2015 hours, he served the requested Order of Court by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Richard Lynch at 112 Water Street, South Newton Township, Walnut Bottom, PA 17266, Cumberland County, informed Defendant of contents of same. 06/13/2012 08:15 PM - Deputy Ryan Burgett, being duly sworn according to law, states that on June 13, 2012 at 2015 hours, he posted one true and attested copy of the within Order of Court upon Real Estate located at 112 Water Street, South Newton Township, Walnut Bottom, PA 17266. SHERIFF COST: $48.00 SO ANSWERS, June 14, 2012 RON Y R ANDERSON, SHERIFF (c) CountySuite Sheriff Teleosoft Iri- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor John Baum vs. Richard Lynch fi.? ???`' of afntl rrj014 OF T14F M ?1"t 3 A R 21V JUN 27 AN 8-- 46 cwa ? ? COOT Y Case Number 2011-4475 SHERIFF'S RETURN OF SERVICE 06/13/2012 08:15 PM - Deputy Ryan Burgett, being duly sworn according to law, states that on June 13, 2012 at 2015 hours, he served the requested Order of Court by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Richard Lynch at 112 Water Street, South Newton Township, Walnut Bottom, PA 17266, Cumberland County, informed Defendant of contents of same. 06/13/2012 08:15 PM - Deputy Ryan Burgett, being duly sworn according to law, states that on June 13, 2012 at 2015 hours, he posted one true and attested copy of the within Order of Court upon Real Estate located at 112 Water Street, South Newton Township, Walnut Bottom, PA 17266. 06/26/2012 By virtue of this writ, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 112 Water Street, South Newton Township, Walnut Bottom, Cumberland County, PA 17266. SHERIFF COST: $92.00 June 26, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF :C CarrySuite Sheaf. I e': )Sdt. L [. 0 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF F ILEJ-OFFI ;€ w THE RROTHON6TA 't 2O 12 JUL I I PM 1: 16 COUNTY JOHN BAUM, Plaintiff v. RICHARD LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4475 LANDLORD TENANT CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT To the Prothonotary: Please enter judgment on the arbitration award in accordance with Pa.R.C.P. 1307(c) in above matter, (1) For John Baum, Plaintiff, and against Richard Lynch, Defendant in the amount of $6,530.00 plus interest from the date of entry of the award on May 17, 2012. Respectfully submitted, Wolf & Wolf Date: July /0 , 2012 BY: quire Stacy B. Woolf, 10 West H' I Street Carlisle, PA 013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff C" 2 c Q? 7$?0 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF JOHN BAUM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-4475 RICHARD LYNCH, : LANDLORD TENANT Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: Amy Hiralds, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Counsel for Defendant WOLF July `0, 2012 By: STACY B. #OLF, ESQUIRE Attorney f(WPlaintiff G 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 John Baum In the Court of Common Pleas of Cumberland Richard Lynch Plaintiff County, Pennsylvania No. 11 -4475 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the Un and the Constitution of this Commop ' 1 dischar a the duties of our office with - )17 Si tune i Signature Au? Kathleen K. Shaulis Name (Chairman) Shaulis Law Law Firm P. O. Box 1229 Address Carlisle, PA 17013 City, Zip Evan C. Pappas L Name Shumaker Williams Law Firm 3425 Simpson Ferry Road Address Camp Hill PA 17011 City, Zip Award Date of Hearing: 05/17/12 Date of Award: 05/17/12 Notice of Ebtrv of Award Now, the day of , 20 / , at &:.C-/- , _?.M., the award was entered upon the docket and noh thereof 'v en by mail to the parties or their attorneys. gi Y Arbitrators' compensation to be paid' upon appeal: By: Prothonotary John P. Neblett States Name , Reager and Adler Law Firm 2331 Market Street Address Camp Hill, PA 7011 City, N We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the ft award: (Note: If damages for delay are awarded, they shall be separately stated.) ?rPa?d rc,?.+ C 'Sam ?bo - pf,'-' 200 7) 000, o tom^ pa \ d. r'r L A? v1 1 ?Z-O t t) Soo . c Unpaid 1 ot+c 4ee-, c -2- (D 11 3 zi• O PIA 1M+?i?F To 1 a.., Oarra ? 530. c PO'SSC S.&I C n aR P rv 1 O P la nn?--i - Arbitrator, dissents. (Insert name if o Deputy TNT PF?0TN0 N 0 TA i STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JOHN BAUM, V. RICHARD LYNCH, Defendant 2012 JUL I I PM 1: 19 CUMBERLAND l;€3UNTY PEO YLVANtA NO. 2011-4475 : LANDLORD TENANT : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, (1) directed to the sheriff of Cumberland County to levy upon household and/or other personal property including any automobiles, motorcycles, trailers, and campers; (2) against Richard Lynch, Defendant, located at 112 Water Street, Walnut Bottom, PA 17266 and the Amerihost Inn, located at 125 Walnut Bottom Road, Shippensburg, Pi 17257; (3) and enter this writ in the judgment index (a) against Richard Lynch, Defendant Amount of judgment $6,530.00 Amount of Payments Received $0.00 Interest from 5/17/2012 $57.67 (as of 7/10/2012) Costs $178.50 Total $6,766.17 Respectfully submitted, WO & WOLF --Y2 f July 162 , 2012 BY: S CY B. OLF, ESQ E Attorney f Plaintiff '4 ?a$ SU a RNA 10 West High Street L11? zo C19F Carlisle, Pennsylvania 17013 o? a, oo '« (717) 241-4436 Supreme Court I.D. No. 88732 a 4. 00" ' So LL, SS) 8, SO?? a V-*-g-n Vror 0? &71D&Sut? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4475 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOHN BAUM Plaintiff (s) From RICHARD LYNCH, 112 WATER STREET, WALNUT BOTTOM, PA 17266 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON HOUSEHOLD AND/OR OTHER PERSONAL PROPERTY INCLUDING ANY AUTOMOBILES, MOTORCYCLES, TRAILERS, AND CAMPERS; AGAINST DEFENDANT THE ABOVE ADDRESS AND AT AMERIHOST INN, 125 WALNUT BOTTOM ROAD, SHIPPENSBURG, PA 17257. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,530.00 L.L. S$.50 Interest FROM 5/17/2012 - $57.67 (AS OF 7/10/2012) Atty's Comm % Due Prothy $2.25 Atty Paid $211.50 Other Costs Plaintiff Paid Date: July 11, 2012 (Seal) REQUESTING PARTY: Name : STACY B. WOLF, ESQUIRE Address: 10 WEST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-241-4436 Supreme Court ID No. 88732 J)aVld 1) BuL?? David D. Buell, Prothonotary By:. Depu SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ny R Anderson .~eriff ~~«~,tr of ~~ca!nbrtl,~~,~ . , ~~..~~ FiCE c:~F'~E S~~ERIFF Gf TWELRR9TNE~TARY ~ody S Smith hief Deputy Richard W Stewart Solicitor ~~#-2 SEP -4 PM ~ ~p GU VTY John Baum Case Number vs. Richard Lynch 2011-4475 SHERIFF'S RETURN OF SERVICE 07/18/2012 04:37 PM -John Hanner, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant Richard Lynch, in the hands, possession, or control of the within named garnishee, John Baum, Jr., at 114 Water Street, South Newton Township, Shippensburg, PA 17257, Cumberland County, by handing to John Baum, Jr. A personal property levy was completed. A copy of the inventory was mailed to the plaintiffs attorney on 07-19-12. A copy of the writ of execution and notice was mailed to the defendant's last known address of 112 Water Street, Walnut Bottom, PA 17266. (NOTE: The defendant was evicted from the premises and it is unknown where he is now living). 07/25/2012 05:55 PM -Ryan Burgett, Deputy ,being duly sworn according to law, states that on July 25, 2012 at 5:55 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing'themselves to be the Defendant, to wit: Richard Lynch at 37 W King Street, apt 24, Shippensburg Borough, Shippensburg, PA 17257, informed Defendant of contents of same and levied upon personal property as directed. Letter mailed to defendant on 07-26-12 (waiting to do one more levy before mailing copy of paperwork to attorney Wolf). 07/26/2012 06:40 PM -Ryan Burgett, Deputy ,being duly sworn according to law, states that on July 26, 2012 at 6:40 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Richard Lynch at South Mountain Storage, 767 Walnut Bottom Road, Southhampton Township, Shippensburg, PA 17257, informed Defendant of contents of same and levied upon personal property as directed. Deputies did the best they could given the fact that a storm was just starting to blow through the area. 08/27/2012 Received a letter from MidPenn Legal Services. Defendant Lynch filed for bankruptcy 08-27-12. Petition # 1:12-bk-04971. 09/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Defendant entered into bankruptcy. SHERIFF COST: $160.14 SO ANSWERS, ~~ September 04, 2012 RON R ANDERSON, SHERIFF "icy ~auntySuite Sheriff, Teleosoft, Inc. !//T~%~ ~ ~// ~/~