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Home My WebLink About11-4882PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF F&G PROPERTIES P.O. BOX 2013 . MECHANICSBURG, PA 17055 VS. DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 THIS IS AN ARBITRATION MATTER C) ,", COMMON PLEAS C T`.. CUMBERLAND COW M Y c ?? c r NO.'?_ rr ?.. AND HARRY W. KELLY 6 RICHLAND LANE, APT. 207 CAMP HILL. PA 17011 NOTICE CIVIL ACTION AVISO YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER„ 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ter. LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION, LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION 0 POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PAUL F. D-EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF F&G PROPERTIES CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 NO. VS. DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY CIVIL ACTION 6 RICHLAND LANE, APT. 207 CAMP HILL PA 17011 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire bring action upon a cause whereof the following is a statement: The Plaintiff. Erie Insurance Exchange ("Plaintiff"), is a corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of F&G Properties ("Insured") under a policy of insurance issued by Plaintiff and at all times hereinafter mentioned Plaintiff's Insured, is the real and registered owners of premises 2801 Market Street, Camp Hill, PA 17011. 2. Defendants, David J. Connors and Harry W. Kelly are individuals residing at 6 Richland Lane, Apt. 207, Camp Hill, PA 17011 and at all times hereinafter mentioned were the tenants or occupants of 2801 Market Street, Camp Hill, PA 17011. 3. On or about June 17, 2009, the Defendants, David J. Connors and Harry W. Kelly and executed a Lease Agreement, pursuant to which, Defendants rented 2801 Market Street, Apt. 3, Camp Hill, PA 17011 from the Insured. A true and correct copy of the Apartment Lease is attached hereto, made part hereof and marked Exhibit "A." 4. The Lease Agreement provided: 11. The lessee is responsible for any damage to the leased premises. It is mandatory that insurance be carried showing protection. 5. On or about October 1, 2009 the Defendants, David J. Connors and Harry W. Kelly stored flammable items on top of the heater which ignited a fire at 2801 Market Street, Apt. 3, Camp Hill, PA 17011 causing damage to the Insured's property. 6. Plaintiff avers that property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the cost to repair the dwelling thereto being is Twenty Eight Thousand Five Hundred and 121100 ($28,500.12) plus the Insured deductible of One Thousand and 001100 ($1,000.00) Dollars plus loss of income being Five Hundred Seventy Five 001100 ($575.00) Dollars. for a total of Thirty Thousand Seventy Five 121100 ($30,075.12) Dollars. Count I Breach of Contract 7. Plaintiff, incorporates by reference all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 2 8. Defendants, violated the agreement in that they caused and/or allowed a fire to occur at the rental property and failed to repair same in violation of the written agreement. 9. Defendants, violated the Rental Agreement because they failed to obtain an insurance policy. 10. Although frequent demands have been made, Defendants have failed, refused and neglected and continues to fail, refuse and neglect to make payment of the balance due. Count II Negligence 11. Plaintiff, incorporates by reference all of the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. The occurrence referred to above, and loss of Insured's property were the result of negligence, carelessness and/or negligent acts or omissions of the Defendants. Said negligence included without limitation the following: a. allowed a fire to start in the property without due regard for the rights, safety and position of the Insured's property; b. negligently failed to ensure the safety of the Insured's property; C. allowed a fire to start in the premises; d. allowed a fire at the premises to cause damage to the Insured's property; e. did stored flammable items on top of the heater; f. did fail to use due care under the circumstances; and g. did violate the various statutes and laws of the County of Cumberland County, and Commonwealth of Pennsylvania. 13. Although frequent demands have been made, Defendants have failed, refused 3 and neglected and continues to fail, refuse and neglect to make payment of the balance due. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of FIFTY THOUSAND AND 001100 ($50,000.00) DOLLARS together with costs of suit. Date: Paul F. D' Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 4 r VERIFICATION , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. 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. DATE: Subrogation Specialist Exhibit 19 ;W?? 40w== Requested gr_LK A ount: 770425 Oct 05 2009 8:28AM .haven Water Street B&B 2529 2825 P.10 C a, P WO TeY1 ta,vh,T F&G Proge= P.O.13" 643, 8ebaven, NC 27810 Le>ofll;tr Agreement Made the „day of IM M by and betwom F&G ZMEl es and David J. Ctssat>n and Ham W. Kdhr, Tenant(s) WfiNESSETl1, that the Lsndlsed, in coteoidwation of *a term and eovessants hereiaafler mentioned, does demise and loose to the Tenant, the premises bow n as Ii hlarlrat 3ttnasa. Ann, 3 ILL PA 11011. To have and a hold saw the Tensor, subject w the conditions of this Agreement for the torts btBimtaog on me Lliday of std ending as the Esser day eft,UM IN CONSJMRATION OF WHICH. Tatarat agrees to pay clot LasMord fbr the an of said promises, to sum of dollars QMW And alter considenotions a herobefta at forth, payable in equal atondhly inotallmoate of dogsm 1JJZM as elte FDW day of each month of the tam, in advance. The lease Apaetnwtt in trade and socapled on the following expressed conditions: 1. Laodlard shall fitmiah a pot of the pretenses at the Landlords expem taster trout. & ss'rtterr. All offer atillties sad services shall bt at tide Tetlaters apease. 2. Landlord hereby aelmowledges tempt &am Tenant the sum of JMte be held as by Landlord a seauity deposit fbr the payment of all rest and other aunts of money, which shall or nay be payable for the fail stated terns of this lease sod any extension or renewal 1hrvcf br lxpnduW damages, for errs! dawugo raising from future to cm* with the provision of this parelpNit cottoning tarronder of the pre awK sand far the faitishl poftrosaw by Tenant of all ather eos-enma and agreenerds wade as Tbttsnrs part in this lease, but Tams shall have no right to aquirs Landlord to indamify itself from said was of stoney or any part therso(wills raped to say pardeula violation or ddwh by Terantt. The appropriation of said am of money or part thereof in indemnify ftx any sub deAtult or violation shall be at all times disastionry with Landlord. Tenant shalt surrender the ptronims to LLont Bard in eomplimce with the following casditioos: a) Prarttiaes shall not be damaged beyond a fair wear and ter acct damage by fire not the fadt of Tenant, member of his %mily , guests, empbyess, clients'etc. b) Entire pee.nises, bwlsdittg appliances. be iuooms, floors, doaeb, a?d cabinets we to be cleaned. It nefrignabor is provided, it miue be defostad. WALL TO WALL CARPET TO BE PROFESSIONALLY STEAM CLEANED. e) No saclana, atrslches, ar holes is walla Might sttrsll toil holes art Wirt. Walk are sot to be painted. Wallpaper is not io be applied to any surface. All burned out light bubo to be replaced Stroke dttteo-or battery to be replaced if inoperative. d) No indeniatioos or scratches in wood or resilient Mooring. e) All lase Barges, Tanta, and comf latien %a shall be paid. f) AP keys shall neturne:d, rest will be charged until day keys an mWvad. g) AD debris, rubbitb, and disewds shall be placed in proper rubbish containers and placed outside for collection on day of removal. h) Faarrw tg address left for Landlord i) ltecaipea skewing payment in tail of final utility bill most be provided Landlord. j) Should hews give notice of his intention to vacate the postuans after the end of the term, Tenant shall be liable for the no (end subject 10 all the conditions of this lease) for a full calotder month filer the calendar month during whiek written notice of the Tenant's intention to vacate is received by Landlord To illustrate: if the notice is received by Landlaed May 2, Lessee must pay bah May sad ]tote root; if the notice is received by April 29, the June rend mould be forgiven if occupancy was given up by May 31. This, of course, does not apply to seat for the original term of the leem. which most be paid tegardletss of occupowy. k) At the expiration of the lease tam demised promises will be restored at the option of the landlord in the as= condition in which they wrote at the 001nnt011cortent of the tam, and cost of the said restoration ahall be paid by the Tenant, in addition to all new coat incurred to expedi/e payrnent; exsntple: certified mail etc., which cost will be treated as additional rent due and owing under Are terns of the lease. 3. NO INDOOR PITS ARK ALLOWiO. 4. No rttsdue reeuesrs and auestions will be taktatt by telephone. Submitsal of repair requests authorises Lsodland's maink-nance personnel m east leased prennisas and ranks repairs. S. Rent In due so or before the fifes of mch moatfl. It It Is roes received on or before fhe FIRST. SS-8011 per day late fee will be charged sub day antes payaoeat Is received atBthG Pstataattaa. P .O. Bea "& lie !town. NC 27210. If loom plans to be away when rent is due, it is the TeneWs respoas?'ldiity to have the tent paid before leaviaL Tnne shall be of essence in payment of rent and in the event the saute is not paid when dun the lessee shall be in defmk under the lease. If said default continues for a period of five days, the Landlord wtU Proceed without notice to ecerciec all legal rights reserved under this Agreentein including confession of judgment in ejection an&or assumption. 6. The tensest hereby c onfixsa judgiueot for the rant reserved tender this agrarnent of icon, together with an attorney fee of five percent for collection and execution may be issued thereof from time-kmime for any rent due and owing under this lease, and judgement in ejection as herein provided tray be emoted concurrently therewith. 7 Thera is @ W5.00 charge for checks returned from the bank for any reason. In the event say check is diskonered by the bank, all future rent payments aR to be remitted by money order or cadfied check. 8 A holding ova by the Tenant beyond the term of this lasso shall be a reaewal for a ntonrh to monllt term, and the said renewal shall be under and subject to all the provisions contained in this Agreement of lease; provided, !however, that such renewal shall be at the option of the Landlord. 9. This tease --1W ssignable and the premises cannot be subleased or released without the approval of the l sadlord. AT "WOV ^(aitialsl (inwab) May 2001 Revised N96 Requested By. LK Ak&ount: 770425 Oct 05 2009 6:2BAM Be oven Water Street B&B 252942025 p.ll 10. The oempeacy, of the pra dew shall be limited to -tasawpwsons.. BXQW for house guests of Tesattl, who shall be permitted to stay without design for as sac dem ssventy-two (72) house du: ing any calaWw month, all other peraons occupying the liranises shall incresse dW rate! ewisg• ruts- thin kaw by 54.00 par paaoa for cook twenty-lbur (24) bazar period of occupancy or 6uooe thereof. Tess m and Landlord apex to foilowiag persons and no otbas will occupy the head preemes: Net(s); David Csiesers and Harry Kelly 11. The lame is- Pa tssbie for any damalle to die lazed prmth 1 a. It n nu selatory that is now, - be cwrkd showing protection. The awe and address of Teas aft insurance carrier is JFRDOV OF INSURANCE TO BE "110-1IDBD TO LAMM-ORD) if so insurance is now carried. it sm* be obtained within 30 days of signing the lease. Tenant shall carry insurance on all personal bdonpalin inside or outside the loose premises. 12. Teem agrees riot vehicles no snare than _gMLMvehides rsay be parked in the off-strat parking provided by Landlord. Any unes dartsed volkles will be toi red away at the owns': expeask without any atmmpt to obtain infwmetion on the vehicle. Tamil requests ustborizedon to park n tea). Mob Yaw color Malas License M MK 13. Any vellide not baring eustsnt valid inspesaion and license may not be stored in the parking areas The vehicle will be towed away and stated at dos owner's expense without feather nodfiadon. Repairs to vehicles are not psrwditd in die putting atria, nor is the draisiag of awl wn or sediators. NO PARKING OR DRIVING of motor vehicles an lawns d any brae. 14, The LA ndle d "-not be tesponn"ble in say way is the event the supply of had is and off by resrson of spay cause beyond the control of the Landlosd. The Tama does hereby rdwoo Landlord tress any damage which may result to hhn by reaaoo of the faslure of the hest supply. $hmld the Teaat bil to pay soy bills es adorsssdd, the Landlord shall have the right so pay the sears, end site:moon' es paid:ball be do gsabk w alts Tomm m additimd «uLTmaat shall cot oat the beebal sI !, below 60 degrees betwesn Docaaher 1 and Muds 30. Taunt shall sot tone off the hestiag: systan and ah mtpt to hat the pradoes with space heater. ANSOLUTELY NO KBROSWZ HIATtAS ARE TO =s USnD ON THE PREMUU. S. In eossidwass of aacuring the within lease at tho above staged rent, said Tenant does hereby relaate and dischuge said Lsdlmd, its suowemts and assigns, fern my and all liability foie derange do may rssuk ftm bursting, stoppage, cod lookup of any water pipe. gas pipe, aawom basins, water-olosets, drains, or floods. 16. An damages or injuries done to the and premises wallet all appliances other then those caused by lira or ordinary wear and tear or by the acts of anission an she Landlord shall be repaired by the Tenant berein. The Tenant carnrenaats and apace to make acid repairs upon five days notion given to hirer by the Landlord, and if he d*U neglact to mate said repairs or cormsesce to malts the aerne promptly or witlsio ton days sher said notice is given bin, Lmsdkwd al" have the sight to snake said repairs at the expense send coat of the Tonaest, and der amount dnaeef may be collected se additional rent accruing for she momh ibllowing the date of the said tepshI6 and if the salad expense is made s( the enpirstioe of the temp, a reasonable large may be collated by the Ladlord an additional test for the use of the promises dmimg the satire iQnL IT The taunt agraes to keep the prettiest In good condition of repair. Should the Tenant fail to comply with the provisions or this clause of din Lone, the Landlord say eats- the promises and malce sold repairs or semove said -chat and do all other things a herein provided to be done by the Tenant of the expense of the Tamil, and said expense thus ineseresd may also be collected as additional rat under the ].ease. I B. Tease is responsible for activating phone jacks read incurred cats The Lotdord is not representing active phone jacks or wiring 19. Ladbrd does scot represent the bteemest to be habitable, nor does Landlord asums any liability for vater or mildew davugp. Landlord wui ns no respcasibiMy for my goods or item ties may be stared in the b sernent. No clothesline or clothes may be hung in the basement. (UK OF BASLMWT Undled to storage spun) X No lisp or -epos of sty kind axe to be attached to the buildings, shrubbery, or tree. No clothes trees are perseatted. Drying of laundry is rat permitted outside. No CE or TV antennas allowed. No 6mcm permitted 21. No swing ON or play equipment pereliaed on the fart lawn All toys and bicycles insist be aired inside the home. Lawn furniture, snlik ono., are to be stored inside hearse or on the patio. 22. All boxes :asst be tlatlemed before deposid" in traab receptaetes. Its dumpster is provided, outside trashetaas m not permitted. Clsrlsteaas tress than be resseved at the aesa ws expense. 23. Abn m cleaaen are not to be used an fbesglaa bee" units. Commercial oven cleaner is not to be used on continuous or self-cleaning sang-::. Any we of the dforomentioned will be chargeable as damage. 24. No lewd parties will be perinittod at any tims. No laud TV's, radios, or other excessive noises will be tolerated. Observe quiet hours between the boon of 11:00 p.m. and 9:00 t.rn. 25. No wolerbeds are permitted in my room of the lased prersassa. 26. No rnaiotattance is provided on sorepers No screens are provided for patio doors or windows. 27. Teunn shall kaxp the pavensent free from snow and ice and hereby agrees that Tenant is solely liable for any accidents, due or allejod to be due so their defective condition, or to any aca mulaSoes of snow eed ice. 29. No sanitary nggdn& taropona, or disposable diapers or the like may be put into toilets. Any dartnge as a result of this practice will be billed to the Tenant. Revised 61" Requested B : LK unt: 770425 •Oct 0OS 2009 8:29AM B raven Water Street B&B 2529 825 P.12 30. Tenant il>dl sot Cary on my unlswbi a insmoral business in of about tin demiasd premises, and dial I not awry on any business which will adaata the building frem fee or cause of forfe"o of my lire insurance that the l.redford has or may hereafter have on said building to move Qom the pnoiss heroby kuW before the expiration of Ate term or st any base during ft c3l.ooiftisalts Tenant this loose, m or ove if or the sec Ta owunt dull be is debtilt in the psymsnt say instalhaent of the rest fbr the period of 5 days, or aaasoe of this !cas should than be in ddwk in any of the covernmts or conditions as basis contained. then in that event. rent for the balance of the term shall ; nnedistely become due and payable and dtatl be collectible by disc matt or otherwise. MU Landlord dish not be liable to the Tenant for any damage which tray cause to the Tenant by the fsilare of the Landlord, if said failure 4 not des to my fault an his part, to give pouasion of the pramihs herein demis4 set the time speed upon whether voluntary or involuntary, by or apinst the Terusn herein, them dull 33.became In duethme evedtmd fa hi adtkly upon the Ming n i the he filing of filing ofanpetitiondin banltupoey. of the am, end the Landlord shall have the further right in lulttttoa, net for thebaMehcs motion in writing to the Tennis hermit or to the person said event to fbrM and tami uls this teals. The said forfiittrrm to be a&,- - 4 by giving that in charge d the desnied premises. Should an execution issue against the Tenant out of my COOK twelve itOrhha rent shall thereupon owin& premicts the event that the premises occupied by the Tenant shall, during aid ? be destroyed by fire, themby making red =A for occupancy so that the owners thereof dean it advisable to construct it stir btoldhtg, the Landlord herein sha11 dnerenpon have the right to tatted and Minion sa this lease upon giving 1lflwr days notice in writing to the Tenant herein, and the tame of this Maas shall theres*= Cede at the expiration of fifteen days aft the expiration of said notice. In the avert, however, that the said building shall be dmaaged by fire, but not destroyed, the Landlord will taus the ante to be repaired and restored to its former condition acting with reasonable diligpxs if the said flee. shall larva rendered the promises usteruatable, payrnest of rentshall be suspended from the time when the Tomm shah ietify tie Landlord of such condition, mall such tuor a the building is so repaired aid again ready for occupancy, and the Team herein agrees that is the event slut the budding shall be so partially destroyed by fm as to Tender said repairs necessary, that the Lndlord trhdq have the fright duouglt bin savmu and agents, and that the seaveats and slob of any contractor eagtbyed by the Lmdlord shall have the right to talcs Possession of the pu!raniss for the purpose of tndcin= such n ire. and the so taking of possession shall trot be an aviction of the Tenant herein and trlall not in any maanr ~ the term of this Mass. 35. At the and of the raid mile whether the sere shall be determined by forfeiture air eclArsion of the term, or upon the breach of any Of the coditioss of this lead, it is agreed that an amicable action of gedment may be entered in the Court of Common Pled of Dauphin or Cumberland County, in which the Landlo4 is acceson or asigrts, dell be plaintiff; and the Tenant, and all who cane into possession during the was of oatinuntoe of this Jena or ender the Tenant, dsllbe ddmwbn% s, that jadgmt. may be entered thereupon in Ehverof to plaintiffs, without bsve of court, for the promises above described to have the mdse fora and effect as if a unamon in ejecsnent had been regularly is ed. Madly saved and returnad aid that Writs of Possemion with clause of Fi.Pa. for all costs, may be issued forthwith, waiving all errors sad detlsots whatsoever in entering aid judgment. as well as waiving right o(appeal. writ of error or stay upon any writs or Habra fascias possession is which way issue upon the aarm. the sky due or an any day, 36. T Tenant don aim hereby waive any and that such demand shall not be eondi? lion of re either reentry ntry on or of recovery of possession either no the hod ad itself of in any other piton, and agrdes without legal penes or by means of any action of proooediogs whatsoever. of the said demise prettti des to the said 37. The Twmt busby accepts roticm to quit, soon a tan ad sunender up posassion Landlord. its soccssars or aaaigra, at the expiration of the said tam, whenever it assay be deta rnmed, whether by rarfetture or otherwise, without day lbrther notice to that effect, all flintier notice baiog hereby waived. On &it= to pay rent due, for the space of 5 days besides the distress, or upon broach of coy other condition of this lease, the Tatters shall be a not-tenant, subject to dispossession by the Landlord. without farther notice or portal of law, with release of star std of dsstta44% and the Landlord tney reenter the, premiss and dispossess the Tenant widrout dwelt' becoming s trespasser. The Tenant hereby waives the baneflt of all exemption laws of this Cootmosweakh that now are m force or may bereaft be in force or in Any action or avian that nosy acme on this contract and in sty distract or ditttesse- that may be mods for collection of the whole of said real or any part thereof, Waiving also the berudlt of stay of execution. inquisition, and all earns, in all proceedings arising out of this Male. 38. It is expeosly nndnatood by the parties that the whole Agreement is embodied in this Agmemcat and that no part or item is omitted and there are no agreement, written or 0111, between Landlord and Tersat other ton hose included in !his Icaae. A Snroke detaeama have been installed for the protection of the tenant. Tire tenant is responsible for inspecting and replacing batteries s necessary. 40. No washers. dryers, or automatic dishwasbaa permitted without written perttossion from Lessor. 41. Lead laded PsinVLesd-Bawd Paint Hazards • Tfae landlord is required to notify tanad of the hazards of lead bated paint. Tenant sdmOwledges receipt from the landlord of ¦ booklet concerning the hazards of lard based paint as well as a notice form. This notice form is normally used for the sale of operh. But for she WuMss the anschad notice, the landlord shall be eaneidend the seller arid the team* We buyer. rmttals)42 ESCAI.A71ON CLAUSE: Cnaat hereby that the monthly rent may be adjusted durial the initial term of this lease or my nenewak thereof due to increases in real estate text% inautates, or other operating expanses incurred by the Landlord. Tenant shat! be given a 30day notice of these changes. Tmant may obtain documentation of these increases by requesting such information in writing. ATTEST: Revised 6r V/ P? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' Sheriff U) rV s77 Jody S Smith Chief Deputy = -- Richard W Stewart :7 7 00 Solicitor Erie Insurance Company vs. David J. Connors (et al.) Case Number 2011-4882 SHERIFF'S RETURN OF SERVICE 06/16/2011 07:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2011 at 1952 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harry W. Kelly, by making known unto himself personally, at 6 Richland Lane, Apartment 207, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. A)adA=4& GERALD WORTHINGTO EPUTY 06/23/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David J. Connors, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant David J. Connors. Request for service at 6 Richland Lane, Apartment 207, Camp Hill, Pennsylvania 17011 the Defendant was not found. Harry Kelly advised Deputies, David J. Connors is thought to be residing in Tennessee. However, The Camp Hill Postmaster is still delivering David J. Connor's mail to 6 Richland Lane, Apartment 207, Camp Hill, Pennsylvania 17011. SHERIFF COST: $64.00 June 23, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF J Cqurty 5?a.t? She 1 7Ele, J,s tl I, i,; PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE AS SUBROGEE OF F&G PROPERTIES P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. DAVID J. CONNORS : 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY 6 RICHLAND LANE, APT. 207 CAMP HILL. PA 17011 _?n r-5: COMMON PLEAS CtT _, - CUMBERLAND COI r:.s NO. 11-4882-Civil CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. PA F. D LIO, ESQUIRE ATTORNEY FOR PLAINTIFF ck- 5?7 v-.a- a L (oaoax: j r Ekv.L??'? + 4. 011 T,' PAUL F D'EMILIO ESQUIRE U ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE201"? r'!.' ATTORNEY I.D. #81894 1? IJVVIIT 1 905 W. SPROUL ROAD, SUITE 105 ?'}"'??}}[[' ((' CO { SPRINGFIELD, PA 19064 ! ,cti,' ORNEY FOR PLAINTIFF (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF F&G PROPERTIES P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 COMMON PLEAS COURT CUMBERLAND COUNTY NO. 2011-4882 CIVIL ACTION PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, C.P.: Enter Judgment in the above entitled matter in favor of the Plaintiff, Erie Insurance Exchange as Subrogee of F&G Properties and against the Defendant, David J. Connors, for want of an answer, and assess Plaintiffs damages in the sum of $30,075.12 in accordance with a Complaint filed. ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #81894 Prothy asse es P i ti amag the sum of $30,075.12 PROP Y ey-O ILZ Wo MoLdcd PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF F&G PROPERTIES CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 NO. 2011-4882 VS. DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY CIVIL ACTION 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DELAWARE PAUL M. SCHOFIELD, JR., being duly sworn according to law, deposes and says that he is the agent for the Plaintiff above-named and is authorized to and does make this Affidavit on its behalf; and that he has knowledge of the facts set forth herein: That Defendant, David J. Connors, is over twenty-one years of age and that he is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief, SWORN TO AND S OF JUNE ME OF ?p? 1. NOTARIAL SEAL KATHLEEN BUCKLEY, Notary Public Upper Darby Twp., Delaware County My Commission E Tres July 8, 2013 BED DAY PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF F&G PROPERTIES P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. 2011-4882 DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY 6 RICHLAND LANE, APT. 207 CAMP HILL. PA 17011 : CIVIL ACTION AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL M. SCHOFIELD, JR., ESQUIRE, attorney for the Plaintiff, Erie Insurance Exchange, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on January 4, 2012 to the Defendant listed below by Certificates of Mailings; a copy of the Notice and the original certifications of mailings are attached hereto, made a part hereof, and marked Exhibit "A". David J. Connors 2206 Binginham Street Sevierville, TN 37876 X-12 AUJL'IOI: SCHOFIELD, JR., ESQUIRE TTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF F&G PROPERTIES CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 NO.: 11-4882-CIVIL DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY CIVIL ACTION 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 DATE OF NOTICE: January 4, 2012 TO: David J. Connors 2206 Binginham Street Sevierville, TN 37876 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. LAWYER REFERRAL SERVICE FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ;Dau8 j!. %)'Em6ko PAUL F. D'EMILIO, ESQUIRE 905 W. Sproul Rd., Suite 105 Springfield, PA 19064 (610) 338-0338 I I I ?? I I it 0 d % _ _ r ? ?''r a?bF'? ?? • ? ?41?A Mi ? -__- _ .m i6G a U - -- III CLmE° co h Emory m ma mv?r ??cmiW h E° "l2? a o? LL Q ?'?.. U O U? O m C W G .4 a m m - m m 00 ?? a L M -IS v ?ddm ???? S S1 a Ci ? I ? V ? s - o !, N E JQ #C`n Q U U D W- F (?_ 1-4 C m a_ C O a O Y C V ? ?m 0 N O I O 0 ° z a d I I, I ?. '' m ? N O E !° I N U I ` y Q I i N I LL I I I Q I I ', c I a co I I I ? ? ? ? ? I ? ? II I, z a LL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF F&G PROPERTIES CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 ; NO. 2011-4882 VS. DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 _ AND HARRY W. KELLY CIVIL ACTION 6 RICHLAND LANE, APT. 207 CAMP HILL. PA 17011 Notice is given that a judgment in the above captioned tter b ntered against you on Oe, , 2012. Prothonotary If you have any questions concerning the above please contact: Paul M. Schofield Jr Esquire Attorney or Party Filing 905 W. Sproul Road Suite 105 Address Springfield. PA 19064 City, State, Zip (610) 338-0338 Telephone Number PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF F&G PROPERTIES CUMBERLAND COUNTY P.O. BOX 2013 ; MECHANICSBURG, PA 17055 VS. NO. 2011-4882 DAVID J. CONNORS ; 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY CIVIL ACTION 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 CERTIFICATION AS TO ADDRESS OF DEFENDANT I hereby certify the address of Defendant, David J. Connors, is as follows: 2206 Binginham Street Sevierville, TN 37876 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 ATTORNEY FOR PLAINTIFF (610) 338-0338 ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF F&G PROPERTIES CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. NO. 2011-4882 DAVID J. CONNORS 6 RICHLAND LANE, APT. 207 CAMP HILL, PA 17011 AND HARRY W. KELLY CIVIL ACTION 6 RICHLAND LANE, APT. 207 CAMP HILL. PA 17011 CERTIFICATION AS TO ADDRESS OF PLAINTIFF hereby certify the address of Plaintiff, Erie Insurance Exchange, is as follows: P.O. Box 2013 Mechanicsburg, PA 17055 PAUL)). SCHOFIELD, JR., E ATTORNEY FOR PLAINTIFF