The URL can be used to link to this page

Home My WebLink About02-0364ROBERT E. MYERS : Plaintiff : V. : JAMES L. HEFFELFINGER AND : LORRIE A. CHANEL : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN EJECTMENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed against you and judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ........ Cumberland County Bar Association 2 Liberty St. Carlisle, PA 17013 Telephone 717-249-3166 ROBERT E. MYERS Plaintiff, vs. JAMES L. HEFFELFINGER AND LORRIE A. CHANEL Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL IN EJECTMENT COMPI~II~ NOW CO~ES the Plaintiff and brings the following Complaint: resides Pennsylvania 1'7070. 2. Defendant is James Heffelfinger and Lorrie A. adult individuals who reside at 1550 Bridge St. Apt. Cumberland, Cumberland County, Pennsylvania. COUNT 1 - EJECTMENT Plaintiff is Robert E. Myers, an adult individual who at 703 YMCA Drive, New Cumberland, York County, Chanel E New 3. Plaintiff entered into a written lease agreement with defendants on or about July 09, 2001, for 1550 Bridge St., Apt. E, New Cumberland, Cumberland County, Pennsylvania, for rent in the amount of $450.00 per month payable in advance commencing July 9, Copy of said agreement is marked Exhibit A and attached 2001. hereto. 4. Plaintiff is owner in fee simple of said premises having acquired Title Dy tWO Deeds as follows: (1) Deed from John H. & Elizabeth M. Hobart dated and recorded in the Cumberland County Recorder of Deeds Office in Deed Book Page (2) Deed from Hazel Keeley dated and recorded in Cumberland County Recorder of Deeds office in Deed Book__Page~ 5. Defendant went into possession of said apartment unit pursuant to said lease agreement and at the time hereof is in possession of said Unit. 6. Defendant has not paid the monthly rental of $450.00 due October 9, November 9, and December 9, 2001 and January 9, 2002. 7. Plaintiff gave a written notice to defendants to vacate and pay rent current by handing personally to James Heffelfinger at the said apartment at 1550 Bridge St., New Cumberland, Pennsylvania on January 11, 2002, at or about 12:05 P.M.. Copy of said notice is marked Exhibit B attached hereto and made part hereof by reference. 8. Defendants have not paid the rent current for the said premises and has failed and refused to vacate the premises remaining in possession of the leased premises. 9. Plaintiff is entitled to possession of said premises. WHEREFORE, Plaintiff requests the Court to enter Judgment in favor of the Plaintiff and against the Defendants for possession of the premises herein described, being Residential Unit, 1550 Bridge St. Apartment E, New Cumberland, Cumberland County, Pennsylvania. COUNT 2 - LOSS OF RENTAL INCOME 10. Paragraphs 1-9 both inclusive are incorporated herein by reference. 11. Defendants are liable to the Plaintiff for rent due from October 9, 2001 to January 9, 2002, in the amount of $1350.00. 12. Defendants are liable to the Plaintiff for rental value of the premises commencing January 10, 2002 until possession is acquired by Plaintiff. 15. The fair rental value of the said Apartment E is the monthly rent reserved of $450.00 16. Plaintiff claim damages as follows: Unpaid rent - $1350.00 W~EREFORE, Plaintiff requests that this Court enter Judgement against Defendants of $1350.00 for unpaid rent through January 2002, and for additional unpaid rent to be determined. RESPECTFULLY SUBMITTED this /~ day of January, 2002. DATED: January~, 2002 Robert E. MSs, Attorney 100 Old York Road New Cumberland, PA 17070 Tel: (717)774-3163 Attorney ID # 09729 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF YORK ) I, ROBERT E. MYERS, Plaintiff in the foregoing action, being duly sworn according to law, depose and say: That I certify that the statements made in this 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 falsifications to authorities. Robert-f. ~ers Subscribed and sworn ~Q before me, the undersigned Notary Public, this /~ day of~' , 2002 ~OTARY PUBLIC My Commission Expires: NOTARIAL SEAL MARY D, VER HAGE, Nota~ Publl~ Falrview Twp., Yo~k County My Commission Expires Ma)/7, 20e2 RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE dated this 9th day of July, 2001 between Robert E. Myers, herein referred to as Landlord and James L. Heffelfinger and Lorrie A. Chane~ herein referred to as Tenants. 1. LEASED PREMISES. Landlord leases to Tenant upon the terms and conditions contained in this Lease, being 1550 Bridge Street, Apartment E., New Cumberland, PA 17070 2. TERMS OF LEASE. The term of this Lease is one year beginning on the 9th day of July, 2001 at 12:00 o'clock Noon and ending on the 9th day of July, 2002 at 12:00 o'clock Noon. 3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum of $5,400.00 as basic rental for the Lease teLm. The rental shall be payable monthly in advance on the 1st day of each month during the Lease term in the amount of $450.00 without prior demand by Landlord. Payment of rental shall be to the residence address of the Landlord, 100 York Road, New Cumberland, PA 17070, or upon written notice to Tenant as to another location. Landlord and Tenant agree that timely payment of the rental and performance of all terms and conditions of this Lease are of the essence of this Lease. If the monthly rental shall not have been paid after the 5th of the month when the rental shall have been due, then Tenant agrees to pay the late charge of $5.00 per day starting with the day when the rental payment was due. The late charge shall compensate Landlord for additional administrative costs and expenses caused by the late payment. If payment is made to Landlord at the proper address by first class mail, postage prepaid, then the date of the postmark shall be used as the date of payment. If the Tenant violates any of the terms and conditions of this Lease, the Landlord has the right to enforce collection of the entire unpaid balance of the rent for the remaining term of the Lease. 4. SECURITY DEPOSIT. After signing this Residential Lease, and before the Tenant takes possession of the Leased Premises, Tenant shall pay to Landlord a sum of $200.00, which amount shall be held by Landlord as a security deposit. Before Landlord returns the security deposit to the Tenant: 1) Tenant shall vacate the Leased Premises and Landlord shall inspect the Leased Premises for damage; (2) Tenant shall have complied with all Lease terms, conditions and rules and regulations; and (3) Tenant shall have paid in full the rental, additional rental and late charges if any. pu~ a~S 'I~aPa~ II~ q~T~ aSU~UL~O~UOS UT sasT~a~d aq~ ash Xdn~o II~gs ~u~ua~ 'ua~plTqs s,~u~ua~ pu~ ~u~ua~ Xq Xluo paTdn~o ag o~ pu~ Xluo sasodand i~l~uap~saa ao~ pasn ag X~ pas~a~ ~g~ 'S~SI~ G~S¥~ ~O XDN~DDO GN~ ~S~ '6 'Pa$~DoI sT sas~aaa pas~a~ aq~ q~Tq~ u~q~T~ bu!pI~nq aq~ ~o aq Sou II~qS p~oIpu~7 'sas~ma~6 pas~a7 ag~ ash oqa saaq~o pu~ I~uo~$u~$u~ s,plolpu~ ~q~ Xq p~sn~o st aD~ur~p io Xan[u~ 'ssoI ssalun K~ado~d ao uos~ad Ku~ o$ aS~urep'io 'XIn[u~ 'ssoI ao~ aIq~I ~ou s~ p~olpu~~ 'X&I~I~¥I~ ~0~ G~O~GN~'I ~0 ~I~ '8 · as~Iqns zo ~u~uru67ss~ ~q$o Xu~ o~ $uasuom ~ ~q o$ ~u~suos II~gS P~olpu~ ~I '~s~ i~tSu~p~sa~ sTq~ ~o uot~io~A ~ s~ Plolpu~~ ~o ~uasuo~ ua~a Io~id ~q~ ~oq~ ~u~ua& Xq'~s~a%qns ao ~u~uraD~ss~ pa~dma$~ Ku~ 'PaoIPU~ ~o Su~suoD ua~am ao~ad s~q$ u6~sse ~ou Ileqs Sueu~A 'SAN~J4NOlSS¥ GN¥ 9NIAA~8~S '£ · peansu~-oo s~ P~OlPU~q q~ 00'000'00I$ ~s~aI ~ ~o u! A~a~doad Iwuosa~d s,~uwu~& ~nsu! II-US ~uwu~A uIq~!a ~In$oni%s ~q$ ~Insu~ II~gs P~olPu~ '~DNh~I~SNI '9 'P~olpu~ o$ uo~ssassod ~o ~a~su~a~ ~o a~p aq~ q6noaq~ p~d (I uo~do pu~ ~qS~ ~g~ ~A~g II~qs ~u~u~A 'X~i~ns~s a~q~o ao ~I~ · s~aq~o ~o Paolpu~~ ~o Al~Tp~unaT Paolpu~~ A~ou II~ys ~u~u~& 's~ez~ p~s~ ~q~ snoq~ Io u~ ssoI Iag~o ~o ai~ Au~ ~o aIq~ssod s~ 6oos s~ Ploipu~g A~ou II~qs $u~uaA 'S~SI~S~ G~SYS~ ~0 NOI&D~AS~G '§ s,q~uo~ ~s~I aq~ ~o ~u~u~d s~ pasn ag oq ~ou s! STsodaG I~uo!~!pp~ '~u~a ~o ~u~u~X~duou o~ ~np ao ~s~a~ s~q~ ~o suo~inS~a pu~ sain~ ~o 'SUOT~rpUOD pU~ smaa$ aq$ ~o uo~$~ioTA o~ anp as~adxa pu~ ~5~ur~p 'ssoI II~ pu~ Ku~ ao~ P~OIPU6~ o~ ~sod~G A~no~S ~q~ ~o ~a~d Au~ ao II~ ur~a K~m Paolpu~~ · Au~ ~ sa6~qs a~I pu~ Ie~uaa I~UO~pp~ 'I~%U~a ag% IIn~ u~ p~d PzoIp~ ~uoqdaI~& sab~qO IO~UOD ~AO~ ~oI pu~ ~ous aou~u~uT~ uo!~o~IIOO ~sn~ ~OyA~S ~u~ua& ~Iq~D uOISTAaI~ :sxoIIO~ sw py~d 9q IIWqS s~s!me~d ~s~% ~q~ o~ poTIddns s~oyA~s puw s~!%yi!~n ao~ s~ba~qO :SSIZI%IAfl '£I · ~ewqo~nd puw s~u~u~ ~Ay~o~dsoad o~ s~s~m~d ~q~ moqs pu~ s~d~a op '~ou~ua~uT~ m~o3~d ,~o~dsu! o~ s~z~ ~Iq~uos~o~ ~q P~ZTZog~n~ suosz~d pu~ p~olpu~~ 'X~AN~ ~0 AHDI~ 'EI poou oq~ ao sz!~do~ Xu~ ~o p~olp~% K3I$ou II~qS ~u~u~A 'z~o~ pu~ ~ ~Iq~uos~ Io3 ~d~ox~ 'ULI~ ~s~ ~q~ 30 DuTuu~5~q ~q~ ~ s~ ~7~d~ pu~ ~p~o pood s~ uT ploipu~% o$ s~u~uoo's$y pu~ p~s~ ~q~ 3o uorss~ssod I~pu~I~ns XIq~o~d II-US ~u~u~A Xu~ ~o3 ~s~o~ s~ 3o 5u!puo uodfi 's~s~nD s,~u~u~A pu~ ss~uysnq s~% '~u~us& Xq sI~s pood 3o ~s~I ~q~ Xq p~sn~ ploIpu~~ 36 X~gsdo~d Xu~ ao 's~u~uom s~! 's~s!m~4 p~s~% sq~ o% s~r~dsa II~ DuypIynq ~q~ 3o %~d Xu~ Duysn ~qa ~I~m pood 8srs~sxs ~I~qs'os~ 's~Du~Idd~ II~ pu~ sss!m~=d p~s~% ~qa 5u~sn u~qa ~m pood ~sn II~qs Su~u~A 'S~SIN~ ~SV~% ~0 ~DNVNSANII~N ~NV ~VD 'II · ~nsoIo~o3 ~5~5a~o~ ~a3~ ~nu!auoo ~s~I ~A~q Oa aqbI~ ~ S~A!~ ~O dn SaA!D au~u~a ~qA '~s~aI s!qa a~Ao Xa!ao!~d ~A~50a ~@puaI ~5~Da~om s,p~oIpu~% Xq p~p~u sanded II~ uDIs oa s~5~ au~u~a ~RA uT ~oI~d su~ a~uip~oqnS '~a~d ~ s~ s~s!m~a pas~ aq~ XI~uss~ad ~ $~q~ s~s~uy X~y~no~s pu~ s~B~B~om II~ pu~ Xu~ o~ s~uyploqns sy ~s~% i~y~u~pys~ s!qi 'SSV~% ~O iAI~OI~d '0I '~n%n3 ~qa uT p~am~u~ gq X~m a~qa ~o aoao3 uy aou s~ou~uyp20 puw suoya~inb@~ 's~% i~oo% Air Conditioning Tenant Landlord shall have the right to temporarily suspend any utility or other services to the Leased Premises in order to do maintenance and repair or protect the property of Landlord or Tenant from risk of harm or loss. 14. REMEDIES. If Tenant fails to pay rent or any other charges when due, or if Tenant violates any other terms, conditions, rules or regulations in this Lease, Landlord may take action against Tenant. In such a case, Landlord does not have to give any notice of termination or notice to quit to Tenant before taking action. In such a case Landlord may take any or all of the following actions: a) Terminate this Lease without prior notice. b) Sue Tenant in court to recover possession of the Leased Premises without giving Tenant prior notice to quit the Leased Premises. c) Sue Tenant to recover the whole balance of the rent and charges owed for the remaining Lease term. d) Sue Tenant for all damages, including reasonable attorney's fees, resulting from Tenant's violation of any terms, and conditions in this Lease. Landlord may seek one or more than one remedy contained in the Lease. Landlord's taking of any action against Tenant shall not prevent Landlord from taking other and additional actions against Tenant. Landlord's failure to enforce any term, condition, rule or regulation shall not prevent Landlord from enforcing the term, condition, rule or regulation at a later time. 15. ATTORNEY'S FEES AND COSTS. If Landlord shall enforce the provisions of this Lease in any court against the Tenant, Landlord shall be entitled as part of any court judgment to be reimbursed for all costs and expenses of enforcement including reasonable attorney's fees. 16. GOVERNMENTAL POWER OF EMINENT DOMAIN. Eminent domain is the right of a government to take private property for public use. Fair compensation must be paid. If all or any part of the Leased Premises (or the building within which the Leased Premises is located) is taken by eminent domain, the Lease shall terminate as to that part taken. Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased Premises (or the building within which the Leased Premises is located) or because this Lease has been terminated. 17. BINDING EFFECT. This Lease legally binds the Tenant, Landlord and their heirs, executors, personal representatives, successors and assigns. Tenant shall not have the right to assign this Lease or sublet the Leased Premises without the prior written consent of Landlord. 18. IN THE EVENT THIS LEASE AGREEMENT IS NOT TERMINATED BY EITHER PARTY giving to the other at least 60 days by advance written notice of termination of this Agreement on March 31, 1999, then this Agreement shall continue in full force and effect for an additional one year term on the same terms and conditions as herein set forth except Landlord can terminate this Agreement in the event Landlord offers the property for sale upon giving Tenant 60 days written notice of termination. 19. DELIVERY OF PAYMENTS AND NOTICES. Ail payments, notices and documents required by this Lease Agreement shall be sufficiently delivered if mailed by certified mail postage prepaid, return receipt requested or if personally delivered to one of the parties to this Agreement as follows: Landlord's Address: Robert E. Myers 100 York Road New Cumberland, PA 17070 Tenant's Address: 1550 Bridge St., Apt. E New Cumberland, PA 17070 or as otherwise instructed in writing. 20. CONDITION OF PREMISES AT END OF LEASE. At the expiration of the term the demised premises will be restored at the option of the Landlord in the same condition in which they were at the commencement of the term. The cost of the said restoration shall be paid by the Tenant, which cost will be treated as additional rent due and owing under the terms of the Lease. Tenant hereby acknowledges that he/she received the premises in good order and condition. 21. RESTRICTIONS ON USE OF PREMISES: Said Tenant shall not carry on any unlawful or immoral business in or about the demised premises. Tenant shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or about the Leased Premises which substances or activities expose Tenant, Landlord, or others to a risk of injury, loss or damage. Tenant shall not do 5 anything on the premises that would be an annoyance that would be audible or a nuisance to other Tenants on the premises. 22. GARBAGE AND TRASH REMOVAL. Ail refuse, garbage and debris of any kind herein called trash shall be removed by Tenant from the premises at the cost of the Landlord for standard trash collection at least once a week or oftener, if need be. Should the Tenant fail to comply with the provisions of this clause of the Lease the Landlord may enter the premises and make said repairs or remove said refuse and do all other things as herein provided to be done by the Tenant at the expense of the Tenant, and said expense thus incurred may also be collected as additional rent under the Lease. 23. OBLIGATIONS/INTERIOR PAINTING & DECORATING. Tenant to provide interior decoration; any painting to be first approved by Landlord. No nails, screws or similar items to be installed in walls. 24. INABILITY OF GIVE POSSESSION. If for any reason not caused by the Tenant, the landlord is unable to give the Tenant possession of the property on the beginning date of the lease, Tenant can choose to a. End this lease. Tenant has paid The landlord must then return money the or b. Delay the beginning of the lease for up to one month until the landlord can give possession. The tenant will not owe rent until the landlord gives possession. If the Tenant does not get possession, the landlord must return any money the Tenant has paid. The landlord will not have to pay damages to the Tenant if the reason for not giving possession is beyond the landlord's control. 25. USE RESTRICTIONS. Windows and doors to be closed during heating and air conditioning seasons and heat shall be maintained no higher than 70 degrees by Tenant during heating season and no lower than 72 degrees during air conditioning season; Landlord shall have the right at any time to install a locked thermostat that can be regulated only by Landlord. Premises to be occupied solely by Tenant and Tenant's children Premises to be occupied solely by one family. No pets allowed on premises. Nothing can be done on premises by Tenant that is an annoyance or nuisance to other occupants in the premises. Comfort, rights and enjoyment of other Tenants must hot be interfered with. This means there shall be no annoying sounds, smells, and light, and particularly noises after 11:00 o'clock P.M. Auto parking spaces of other tenants to be respected according to length of living in building by Tenant and Tenant's guests. 26. LEAD WARNING. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre- 1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessee does hereby acknowledge having received from Lessor, prior to the signing hereof a copy of the Government information pamphlet title "Protect your Family from Lead in your Home", and it is agreed that Lessee has 10 full days from the date hereof to conduct a lead-based paint inspection or risk assessment at their own expense and failure to do so constitutes a waiver of the right to do so as to this agreement. Lessee to promptly deliver same to Lessor and upon failure of Lessor to agree to promptly repair same Lessee has option to terminate this agreement by written notice thereof to Lessor. 27. EXPIRATION. Tenant agrees to vacate the premises at the expiration. In the event that the Tenant remains over after the termination date without at least 60 days prior notice of either party terminating the Lease, Tenant shall be deemed a Tenant for one additional term. The rent shall increase 4% on each anniversary date hereof. 28. TENANTS OBLIGATIONS. No kerosene heaters on premises. Tenant must keep leased premises in a clean, sanitary and good condition. Smoke and Carbon Monoxide detectors and fire extinguishers in good working order exist in the leased premises. Tenant is solely liable and responsible to inspect, test and keep them in good working order. 29. RENTAL INCREASE. Rent to increase $50.00 a month from date hereof in the event any pet is maintained on the premises. 0 u,-i 0 ~ o 0 ,--I 100 York Road New Cumberland, PA 17070 January 11, 2002 James Heffelfinger Lorie Chanel 1550E Bridge New Cumberland, PA 17070 Dear James & Lorie: You have not paid the monthly rental of $450.00 due October 9, November 9, December 9, 2001 and January 9, 2002 for the apartment you now occupy at 1550E Bridge Street, New Cumberland, Pa. Demand was made by me on December 10, 2001 for the unpaid rent. You promised to pay the rent current or vacate the apartment by January 1, 2002, which has not happened. You are hereby declared in default in your lease agreement for the above rental unit for failing to pay said rent and are hereby notified to vacate the premises within 10 days from the date hereof or pay all rent current. Upon your failure to do this it will be necessary that eviction proceedings be instituted against you for possession of the apartment and costs and an action will be instituted for unpaid rent and costs. Very truly yours, REM/MVH CZ.) ROBERT E. MYERs', A~Y AT LAW SHERIFF'S RETURN - REGULAR CASE NO: 2002-00364 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS ROBERT E VS HEFFELFINGER JAMES L ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon HEFFELFINGER JAMES L the DEFENDANT , at 2009:00 HOURS, on the 23rd day of January , 2002 at 1550 BRIDGE ST APT E NEW CUMBERLAND, PA 17070 JAMES L HEFFELFINGER a true and attested copy of by handing to COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this Jo ~ day of ~ ..... ~2~ A.D. ~ t~rothonotary - . So Answers: R. Thomas Kline 01/24/2002 ROBERT E. MYERS Depu'~y~i'e r i f f - REGULAR CASE NO: 2002-00364 SHERIFF'S RETURN P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS ROBERT E VS HEFFELFINGER JAMES L ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon CHANEL LORRIE A the DEFENDANT , at 2009:00 HOURS, on the 23r~ day of January , 2002 at 1550 BRIDGE ST APT E NEW CUMBERLD2qD, PA 17070 JAMES L HEFFELFINGER by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ~ A.D. ~r6thonotary So Answers: R. Thomas Kline 01/24/2002 ROBERT E. MYERS Deputy Sh~iff ROBERT E. MYERS Plaintiff JAMES L. HEFFELFINGER AND LORRIE A. CHANEL, Defendants IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PA CIVIL ACTION IN EJECTMENT No. 2002-00364 PRAECIPE FOR ENTRY OF DEFAULT jUDGMENT FOLLOWING SERVICE OF RULE 237.! NOTICE To the Prothonotary: Please enter judgment of default in favor of plaintiff, Robert , ailure to answer or plead to the E. Myers, and against defendants James L. Heffelfinger and Lorrie or defendants · ? --~h~n the required _tlme~_ The A. chanel ~_~ ~, this actlon w~u~--.~=:_ on days ~rom ~n~ date complaint zlleu. ~ --~ to defend wl~n~ ~ ~ on complaint contalns a of service thereof. Defendants were served with the complaint january 23, 2002 and defendants' answer was due to be filed on February 12, 2002. written for Entry of Default judgment Attached as Exhibit "A" is a copy of plaintiff's Notice of intention to File Praecipe which I certify was mailed by regular mail postage prepaid to the defendants at o~heir last known addresses on February 13, 2002, which is at least 10 days prior to the filing of this Praecipe. Please en~''~r judgment in favor of Robert E. Myers, plaintiff, ~n~er and Lorrie A. Ch~ne~ri~ · ~ james L. Heffelf-.~ ~ --d known as 1550 and aga~ns~ ..... tment situate ~ ..... land county, ossession of~ the ~F~ ew cumberland, ~um-~0 00 being ~ .... ~ A~artment E, ~ -- ~n the amoun~ u~ ~ .... D~=~, .~ a~ assess damage~ Pennsylvania, .... the amount demanded in the complaint- ROBERT E- MYERS Plaintiff Vo JAMES L. HEFFELFINGER AND LORR!E A. CHANEL, Defendants IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PA CIVIL ACTION IN EJECTMENT No- 2002-00364 TO: James L. Heffelfinger Inmate - CX2283 Camp Hill correctional institution P.O. Box 200 C~mp Hill, PA 17011 James L. Heffeifinger 1550 Bridge street, Apt. E New cumberland, PA 17070 Lorrie A. chanel 1855 So. Wilson Road, Lot 29 Radc!iff, KY 40160 Lorrie A. chane! 1550 Bridge Street, Apt. E E3w cumberland, PA 17070 iMPORTANT NOTICE YO~ ~AVE FAILED ~O T~E ACTION ~0~ ARE ~ DEFAULT BECAU~o~ YOU ACT WITHIN TEN REOUIREO Or YOU IN THIS CASE. MAY BE NTEREO AGAINS FROM THE DATE OF THIS NOTICE, a ..... OR OTHER ~MPORTANT WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE- IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICER TO FIND OUT WHERE YOU CAN GET LEGAL HELP- ~nis+r=~or,s office cumberland county court Adm 1 courthouse square carlilse, PA 17013 Tel: (7!7)240-6200 Date: Februar~ 13, 2002 ~u~re 100 York Road New cumberland, PA 17070 (717)774-3163 U~~'.. n I~C~MESTIC AND iN_~T~ERNATtONAL 100 York Road of ordinary mai[ add essed to: One piece iCE CERTtF MAiL DOES NOT 0 j iece of ordlna V ~ Form 3~17, Mnr. 1989 ROBERT E. MYERS Plaintiff Ve JAMES L. HEFFELFINGER AND LORRIE A. CHANEL, Defendants : IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY, PA : CIVIL ACTION : IN EJECTMENT : No. 2002-00364 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF YORK ) SS Personally appeared before me, the undersigned officer, a Notary Public, Robert E. Myers, who after being duly sworn according to law-deposes and says that on February 13, 2002 , he caused the within Notice to James L. Hef~elfinger and Lorrie A. Chanel, Defendants, to be mailed by U.S. regular mail, first class, b roperly addressed envelopes, certificate of postage prepaid, Y P- ~ hereto as follows to the following mailings being attacnea n , Defendants: james L. Heffelfinger, 1550 Bridge St., Apt. E New cumberland, PA 17070 Lorrie A. Channel 1550 bridge St., Apt. E New i'~mberland, PA 17070 james L. Heffelfinger Inmate CX 2283 Camp Hill Correctional Ins. P.O. Box 200 Camp Hill, PA 17011 Lorrie A. Channel 1855 S. Wilson Rd., Lot 29 Radcliff, KY 40160 A copy of said Notice is attached hereto. Ro e~rt E-o' ~e~ Subscribed and sworn to before me, the undersigned Notary Public this '~ _ of February, 2002. day -- NOTARIAL SEAL MARY D. VER HAGE, Notary Publi,~ Fai~ew Twp., York County M~/Commissior~ Expires May 7, 20~2 ROBERT E- MYERS Plaintiff Vo JAMES L. HEFFELFINGER AND LORR!E A- CHANEL, Defendants IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PA CIVIL ACTION IN EJECTMENT No. 2002-00364 TO: -~ James L. Heffe!finger Inmate - CX2283 Camp Hill correctional institution P.O. Box 200 Cemp Hill, PA 17011 James L. Heffelfinger 1550 Bridge Street, Apt. E New Cumberland, PA 17070 Lorrie A. Chanel 1855 So. Wilson Road, Lot 29 Radc!iff, KY 40160 Lorrie A. Chanel 1550 Bridge Street, Apt- E Nnw cumberland, PA 17070 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (!0) 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 NOTICE TO A LAWYER AT ONCE- IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICER TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland county Court Administrator's office 1 courthouse square cartilse, PA 17013 Tel: (717)240-6200 Date: February 13, 2002 0~Esquire ' R 100 York Road New Cumberland, PA 17070 (717)774-3163 PS Form U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSUR._AN_C~--._P_OS_TMA_.STER Received From: ATTORNEY AT LAW 100 York New Cumberland, PA 17070 One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 ROBERT E. MYERS Plaintiff : IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY, PA V. : CIVIL ACTION JAMES L. HEFFELFINGER AND LORRIE A. CHANEL, Defendants : IN EJECTMENT : No. 2002-00364 AFFIDAVIT OF NON-MILITARY SERVICE Robert E. 2~yers, being duly sworn according to law, deposes and says that he is the plaintiff in this action and that he knows of his own personal knowledge,.~d therefore avers, that defendant James L. Heffelfinger is about~ years of age, that his place of residence is Camp Hill Correctional Institution, Camp Hill, Pennsylvania, that he is unemployed and that defendant Lorrie A. Chanel is about ~years of age, that her place of residence is 1855 S. Wilson Rd.~ Lot 29, Radcliff, KY 40160, and her employment is unknown to the affiant, and that they are not in the military service of the United States or its allies or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 40 U.S.C. App. § 501 et seq. Robert E'. Myers Subscribed and sworn to before me, the undersigned Notary Public this ~ of February, 2002. NOTARY PUBLIC day NOTARIAL SEAL MARY D. VER HAGE, Notary Public Fain/iew Twp., York Ceunty My Commission Expires May 7, 20e2 ROBERT E. MYERS Plaintiff Ve JAMES L. HEFFELFINGER AND LORRIE A. CHANEL, Defendants : IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY, PA : CIVIL ACTION : IN EJECTMENT : No. 2002-00364 PRAECIPE FOR WRIT OF POSSESSION (PaR.C.P. No.1974.1) TO THE PROTHONOTARY: Please issue a writ of possession upon the judgment in ejectment entered by default in the above captioned matter for Apartment E, 1550 Bridge Street, basement right facing building from alley, New Cumberland, Cumberland County, Pennsylvania. Dated: ~ ~5~,)~ ~ ROBERT E. MYERS Plaintiff V. JAMES L. HEFFELFINGER AND LORRIE A. CHANEL, Defendants : IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY, PA : CIVIL ACTION : IN EJECTMENT : No. 2002-00364 PRAECI~E FOR WRIT OF EXECUTION (MONEY JUDGMENTS) Pa.R.C.P. 3101 to 3149 TO THE PROTHONOTARY: Please issue a writ of execution on the money judgment in the amount of $1350.00 in the above captioned matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania (2) Against James L. Heffelfinger and Lorrie A. Chanel, Defendants., 1550 Bridge St.,Apt E (Basement - South side) ~u~.PA Levy on personal property and household goods. (3) Amount due: $1350.00 Dated: ~ ~- ~intiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-364 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due ROBERT E. MYERS PLANTIFF(S) From JAMES L. HEFFELFINGER, INMATE-CX2283, CAMP HILL CORRECTIONAL INSTITUTE, AND LORRIE A. CHANEL, 1550 BRIDGE ST., APT E (BASEMENT - SOUTH SIDE) NEW CUMBERLAND PA 17070.. (1) You are directed to levy upon the property of the defendant(s) and to sell LEVY ON PERSONAL PROPERTY AND HOUSEHOLD GOODS. AT 1550 BRIDGE ST., APT E (BASEMENT - SOUTH SIDE) NEW CUMBERLAND PA 17070. (2) You are also directed to attach the property of the defendant(s) not levied upon in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 attachmant is found in the p°ssessi°n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $1,350.00 L.L. $.50 Interest Due Prothy $1.00 Atty's Comm % Other Costs Arty Paid $127.73 Plaintiff Paid Date: MARCH 18, 2002 REQUESTING PARTY: Name ROBERT E. MYERS, ESQ. Address: 100 YORK ROAD NEW CUMBERLAND PA 17070 Attorney for: PLAINTIFF Telephone: (717) 774-33163 Supreme Court ID No. 09729 CURTIS R. LONG Prothonotary, Civil Division By: . R. Thomas Kline, Sheriff, who being duly sworn according to law, states thi~ writ is returned STAYED. ' ' Sheriff's Costs: Docketing $ 18.00 Poundage 1.71 Advertising ~Law Library .50 Prothonotary 1. O0 Mileage 12.42 Misc. Cert M1 3.99 Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee Advance Costs: l(J0 .,00 Sheriff's Costs: 87.62 12.38 Refunded to Arty on 5/9/02 Sworn and Subscribed to before me This _~;~tlay of ~ 'P~othonotary So Ansv ers . Ri Thomas Kline, Sheriff 1,30 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Robert E. Myers VS. James L. HeffelfinGer Inmate-CX2283 Camp Hill SCI, PO Box 200 Camp Hill 17001 Lorrie A. Chanel 1550 Bridge St. Apt E (Basement - South side) New Cum,berland PA 17070 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-364 Civil Term No. Term Costs Att'y. $ 15.00 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property Robert E. Myers 100 York Road New Cumberland PA 17070 Plaintiff(s) being: (Premises as ~llows): Apartment E 1550 BridGe St. (Basement right facinG buildinG from alley) New Cumberland Pa 17070. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date March 18, 2002 (SEAL) CURTIS R. LONG Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania BY:(~..~Lv'-'t'~ d//'~/ (~'~(~J''~ Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and WRIT OF POSSESSION , to RETURNED STAYED ON 5/9/02, AS PER ATTY, PROPERTY IS VACANT Sheriff's Costs Advance Cost's : 100.00 Docketing $ 18.00 Sheriff,= ........... e~o+,o an A~ Poundage 1.10 ~ Prothy 1.00 Milage 12.40 Surcharge 20.00 Cert Mail 3.99 56,49 Sworn and subscribed to before me this day of ~ ~ ~ ~, t Prothonotary Refunded to Arty on 5/9/02 By ~~ [~