Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-1843
rnMMnNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. c`'` NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NiAmt yr „rrmt.vav i ERIC TRIPP AND JENNIFER TRIPP 09-3-05 HONORABLE MARK MARTIN NOTICE OF APPEAL ADDRESS OF APPELLANT CITY a' r" ? 55 FURNACE ROAD WERNERSVILLE PA 19565 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (uerenuanp 02/22/2012 JENNIFER L. HORNE VS ERIC TRIPP AND JENNIFER TRIPP DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000413-2011 This block will be signed ONLY when this notation is required under Pa. If appell nt was R. C. P. D. J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon JENNIFER L. HORNE appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. _ l ?Y3 Cs u, ) within twenty (20) days afte ervice of rule or suffer entry of judgment of non pros. Signature of appellant or attomey r agent JENNIFER TRIPP RULE: To JENNIFER L. HORNE appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. . &? , ??ff W? (). Date: ? 4? .2012 ignature o Prothonot eputy J??L): d ?. 8 U-e 1j YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Judicial District, County Of DAUPHIN AOPC 312-05 23 Mel 'J GuUNT" r,U PENS YL.VAN[A fj(-)3. 0PA- a? Y ci0 5-4. 6 2-tt - 2 ,?- k'U A- COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Jennifer Tripp 55 Furnace Rd Wernersville, PA 19565 Disposition Summary Docket No Plaintiff Jennifer L Horne V. Eric Tripp, Jennifer Tripp Docket No: MJ-09305-CV-0000413-2011 Case Filed: 12/1/2011 MJ-09305-CV-0000413-2011 Jennifer L Horne Eric Tripp Judgment for Plaintiff 02/22/2012 MJ-09305-CV-0000413-2011 Jennifer L Horne Jennifer Tripp Judgment for Plaintiff 02/22/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Eric Tripp $5,184.00 $0.00 $5,184.00 Jennifer Tripp $5,184.00 $0.00 $5,184.00 Jennifer L Horne $0.00 $0.00 $0.00 Judgment Detail ('Post Judgment) In the matter of Jennifer L Horne vs. Eric Tripp; Jennifer Tripp on 2/22/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $141.00 $0.00 $141.00 Civil Judgment $5,043.00 $0.00 $5,043.00 Grand Total: $5,184.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Mark Martin certify that this is a true an correct copy o the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 02/22/2012 4:50:52PM Fr "E)- 0FFii'E AT TEE >F'0 TI O OTAf: c 12 APR -2 Phi 2 LkIi CUMBERLAND COOlfTY F'" HNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.2012-01843, upon the Magisterial District Judge designated therein on (date of service) March 26., 2012, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Jennifer L. Horne, on March 26, 2012 ?by personal service® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIOL DAY OF March, 2012 of fficial before m affidavit was ade r6644Lexington Street " i ? Harrisburg, PA 17109 Title of official My commission expires , 20 d7 0111111MONWEALTH OF PENNSYLVANI NOTARIAL SEAL BETTY A. GEETING, Notary Public Lower Paxton Twp, Dauphin County M Commission E ires Ma 10, 2015 Saffi n J Binha 3 AOPC 312A - 05 -Compkle Items 1, Z and 3. Also complete ftem 41f _ _ f?eairicbed Ddvery is ¦ _ and addren to deWrad roverse so #W we can " d • Attach this C81 d to the back of the , or on the *at apace pwn*& I . ArWe Addressed to- l 74 7L 17,019 i abn,wrs X © APP e. RsoMred by f A* A" a D" of D*iwy D. y ncAom am 14 0Ift If M ~ ddvey aftw balm, O NC, D~ Oftft D bM 2. Arb bNunber 7010 2780 0002 0142 9982 Mrsuferfromssrnto M Form 8811, FeWLwy 20tJ4 Donre Oc Relan Rim Ipt lwaoaw.t?p M I (Domestic Mail Only, No fnsurance Coverage Provided) XG q" For delivery information visit our websitL a* W-ww.usPsXoM:'. -r F Postage $ r-I C7 „ n CertlNed Fee nj p O (En=Required) D ?J (ErrdorsemeM Requkad) L7 d N Taal Postage & Fees t ti C3 T .a - - -- - --- - m -- m f - -- M B-- Al- ALI - - ---- -- -- - '- = - - - - - M e °?? JENNIFER L. HORNE, Plaintiff v. ERIC TRIPP and JENNIFER TRIPP, Defendants . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-1843 CIVIL ACTION -LAW JURY TRIAL DEMANDED c-~ c ~~ ~' ~~ ~~ cn -<..,, r ~- ~_ c~ ...{ -K: ,m. r:,- ~~ N 0 -cy N *-- ... NQTICE 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 enter 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 LAWYE IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE A] TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 ~~ ~'c-- ~~ --3 CJ .. ~ --n ~~ ~~ ~t"r7 ..e; JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 12-1843 ERIC TRIPP and JENNIFER CIVIL ACTION -LAW TRIPP, . Defendants JURY TRIAL DEMANDED AVIS USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaz acciGn dentro d los proximos veinte (20) Bias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una compazecencia escrita y radicando en la Corte escrito sus defensas de, y objeciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomaz accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualqui otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos irnportantes paza usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CEP DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION 5OBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 12-1843 ERIC TRIPP and JENNIFER CIVIL ACTION -LAW TRIPP, Defendants JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiff, Jennifer L. Horne, by and through her attorney, Douglas Marsico, Esquire of Caldwell & Kearns and files the within Complaint and in support thereof avers the following: 1. The Plaintiff is an adult individual who resides at 1059 E. York Road, York County, Pennsylvania 17019. 2. The Defendants are husband and wife with a last known address of 55 Furnace Road, Wernersville, Bucks County, Pennsylvania 19565. 3. The Plaintiff is the owner of real property located at 339 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania 17007 (hereinafter the "Property") 4. On or about September 17, 2010, the Plaintiff (hereinafter "Landlord") and the Defendants (hereinafter "Tenants") entered into a Lease Agreement whereby the Tenants lease the Property for a period of one year beginning October 1, 2010. A true and correct of the lease is attached hereto as Exhibit "A" and incorporated herein as if fully set forth at length. 5. The Tenants were allowed to take possession of the Property on September 17, 2010. 6. On September 6, 2011, the Tenants notified the Landlord that they planned on moving out at the end of the lease term. 7. During the Tenants' possession of the subject property, the Tenants had cats in violation of the express terms of the lease. 8. The cats urinated on carpet and flooring throughout the subject property. 9. As a result, carpet and vinyl throughout the subject property was ruined and to be replaced by the Landlord at a cost of $4,633.00. 10. The Tenants caused numerous other damages to the property resulting in $1,271.03 in repair costs incurred by the Landlord. 11. Due to the damage to the property, the property was unrentable for three weeks while repairs were made causing the Landlord to lose rent in the amount of $600.00. 12. The Tenants paid a security deposit in the amount of $800.00 which has been applied against the aforementioned damages. 13. The Landlord had to incur the cost of filing for a civil complaint against the Tenants before Magisterial District Court 09-3-OS in the amount of $179.55. 14. The Landlord has incurred attorney fees in connection with the action before Magisterial District Court 09-3-OS and the subsequent appeal by the Tenants in the amount of $860.00 to date. 15. Paragraph 20 of the lease provides for the Tenants to pay all reasonable fees and Court costs to the Landlord in connection with any successful action or legal under the terms of the lease. WHEREFORE, the Plaintiff demands judgment against the Defendants Eric and J Tripp in the amount of $6,504.03, an assessment of reasonable attorney fees and Court costs. Respectfully submitted, e . No. 69804 LD BL KEARNS 3631 orth Front Street H sburg. PA 17110 717-232-7661 / Attorney for Plaintiff Date: g ~ S / /~ ;~ e Reeiderrtial Rental Agreement Clause 1. identlt7catlon of Landlord and Tsnant _ This Agreement is entered into on - _ . 1--1'~~~` ~~ ~ G ~ n Jer1n~~. ~r~ic., Tr'-1`-~~~("Tenant") and.. ;~e~T"' --= 1~, " " ~.( landlord) Who is the property owner of the premise located at the acioress of -~39 ~l r~i Strr,e, rti~ ~cse ~2.r.1 -(,~~;~ 1~:~.- ~ Pennsyhran~ ("Building" of "Property".) !f there is more than one, all Tenants are' t ~~ °`t~~ legally and. fully resporeaible, both individually and together, for the payment of rent a d the performance of all other terms of this Agreement. Clause 2. idontilication of Premises Subject to the terms and conditions in this Agreement, Landkxd rents to Tenant, an Tenant rerr+~s from landlord, for the private residential use of Tenant only, the house located at ~ ~3~ ald S-hie. ~~- -Penns ~rania "Premiaea^ t following furnishings and applian'~ 1"`'`~~"~~~ ~~~~~( )~ ogether wnh Rental of the Premises also includes the right to use the designated parking area for the purpose of parking Tenant's operational motor vehicles. This right does not inch the right to store motor vehicles or to park or store motor vehicles that are not used t the Tenant for personal transportation on a ftequent ar,d regular basis or unregistere motor vehicles of any kind. Tenant's designated parking area:. tT'-`,_~^a~+~as~r Clause 3. Limits on Use and Occupancy 6~c'-~- The Premises are to be used only as a private residence for Tenant and Tenant's m children, if any. Occupancy by any other person for more than ten (7 0) days is prohibited without Landloni's written consent. Clause 4. Term of the Tenancy _T,~ tei~ of the yenta! wiN begin on _ C::~C,~~.~e.~r`- ISt- , ,~,~-~~0 , a~ ~~inue fc On ~ P,~~-`-. •~~Mlt~ten~- rwll-eaei-on-#be _ iersft 7~a ~~ lll+srr~r. Landlord may terminate the tenancy or modify the terms of this Agr+eament by giving the Tenant -~____ days' written notice. After one fir' drt tenancy, tenant may terminate the tenancy by giving the landlord ~_ days' written notice. If Tenant stays or cleaves property in the Premises after the termination of this Agreement, Tenant must also pay landlord double the ren# amount. The payment shall not be considered rent, and Tenant shall not have any legal right to use or remain in the Premises. ~. c "~ Clause 5. Psy~t of Ront Tenant wilt pay to {.andtc~i_ rent of $ ' `~, PaY~ ~ advance in monthly falls c'am' on the first day of each month, except when that day installments of $. on a w-eelcend or legal holiday, in which case rent ~ due on the next buses daY• Rent wilt be paid to Landl~d at the Landlord's addr~ees as set fort#t in Clause 22 or at such other Place as landlord designates. a. Delivery of paynwrrt Rent/will be paid: y by mail, to i^ person, at b. Form of pay~t Landlord wilt accept payment in these forms: / personal check made Payable to landlord cashier's check made Payable to Landlord money order cash (c~59 E. ~o~'lc/~O( ~; L`se~~ P~ 1 ~ D l~ c. Pro-ratiaci first month's rant ~, ~ ~~ ~,~ ~U _, throw For the period from Tenant's move-in date, of the month, Tenant will pay to landlord! pt~i-rated monthly rent of the end ~ y~?p ~~`3° .this amount wilt be paid on or before the date the Tenant moves m. d. Definitson of added not Any other charges due or becoming due under this Agreement are referred to as "Added Rent.' Tenant will pay Added Rent with the next monthly rent. Clause 6. late Charyea If 1_andlord does not receive the full installment of rent due from Tenant before the ~v of ~ days after it is due, Tenant will pay Landlord a tale charge of $_~____, plus $_ for each additional day that the rent remains unpaid. The total late charge for any on month will not exceed $~ . ~•`"° Landlord does not waive the. . right to insist on payment of the rent in full on the date it is due. Clause 7. Raturned Chock and Other 6auk Chargos if any check offered by Tenant to landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment" or any other reason, Tenant will pay Landlord a returned check charge of $25.00. Clause S. Socurity DoQosit an c~'3 `~ u ~ cz5'~ On signing this Agreement, Tenant will pay to Landlord the sum of $ ~`x~ as a security deposit securing all obligations of the Tenant under the Lease, including the obligation c Tenant to pay rent. Ifi Tenant fails to timely perform any obligation under this Agreement, Landlord may use the security deposit. ff Landkxd uses the security deposit or a portion of it, Tenant wiU pay to landlord the amount needed to restore the security deposit to the original amount. Tenant may not use this security deposit to pay rent or any other sum due .under this Agreement. Upon the ~rm~nabon or duration of this f ~greement, landlord will account to Tenant fior the security deposit in acxordance with opplicable taMr. ff there is more than one person who is Tenant and if Landlord is othetv+rise required to return the security deposit or to account for it, Landlord may return the security deposit or account to any Tenant upon temnination of this Agree. Went. Clause 9. Utilities Tenan: will pa~alt utility charges, ex t for the following which will be paid by Landlord: ,~"-~--. ~ : ---~-~ ~ ~-+r' .Even though Landlord may pay for some utilities, Landlord as no obligation for any.utilities. Tenant must not use any uti4iti~ in excess of the safe capacity of the Pn3mises or in excess of the amounts cornrnonty used for the Purposes intended under this Agreement. Landlord may collect from the Tenant the cost of any excessive utility usage as Added Rent. Clause 10. Assignment and Subletting; Subordination a. Assignment and subiotting Tenant will not sublet any part of the Premises or assign this Agreement. without the prior written consent of Landlord. b. Subordination This Agreement and alt of Tenant`s rights under it are lower than ail present and 1ut~ (a) bases for the Building or the land; . (b) loans on 1fie leases, the building or the land; (c) ,agreements securing money paid or to be paid to a tender {"security agreernent'~; and (d) terms, conditions. renewals, changes of any kind and extensions of the b teases or security agreements. Upon request, Tenarrt will execute documents evidencing this from time to time. Clauses 11. Tenant's tMainbnancs Rsspoereit~iitis Tenant will: (1) keep the Premises clean, sanitary and in good c~nditiion and, upon termination of the tenancy, return the Premises to Landbrd in a condition icierttikat t that which c~titieted when Tenant took occupancy, except for orki&~ary vwear and tear, immediately notify t-arxi~d of damages to or any dsfec~s or dangero~ ccmdidons i and about the Premises of which Tenant becomes aware; and (3} reintiburse Landk on demand by l.arxlbrd, for the cost of an repairs to the Premises danaged by Ter or Tenant's guests or business invitees trough misuse or negbct. Tenant has Examined the premises, including appNances, factures, k~rpets, drapes paint, and has found them to be in good, safe end din conditions and repair, exa as noted in the Landlord-Tenant Checklist. Clause 12. Tenant's CartNicato When l.andkxd requests, Tenant will sign a certificate that states: (a) this Agreement is in full force and unchanged (or how it was chang°-d); (b) Landlord fully perfomned all obligations and Tenant has no claim against Landbrd (or what cbims Tenant does have); (c)Tenant is fuNy performing aN terms of this Agreement (or to what extent Tenant is not performing ati terms of the Agreement); (d) Went and Added Rent are paid to date (Or in what amourrt they are unpai and (e) any other statement Landbrd neasonabiy requires. Clause 13. Repaired and Aibratlons by Tenant; Control of Access a. Repairs sad atantfons Except as authorized below or by the prior written consent of Landbrd, Tenant will make any repairs or alterations to the Promises, of any kind (see Exhibit A}. Any repairs or alterations approved by the Landlord become the propeRy of landbrd wl complete and Paid or. They must remain in the Promises when this Agr~e~ement ends unless La~Ond roquiros that they be rerrwvsd. if Larsilord w~utts lhem rertwved, Landkxd wiN give Tenant at least ten (10} days notice. Tenant wiN pay aN costs of .- nemovai. b. Contr~ot of socaas Tenant wiN eat, v~ithoert L,wdkxd's prior written consent, alter, ro-key or ir>stalt any locks to the prernisss or i or alter any ~9~` ern system. ff vsritisn perrrriesion is obtained, Ter~arrt wiM paovide t.andlo~d with a k+sy or keys capable of u~ aN such '', ne-keyed or new bdcs as weN ss a~atn~ctions on haw to dis~m any altered ar new burgh aMarm systems. Ciswe 14. Vbla~on Laws and Causing Dis4as Tenant is ~~Utled to quiet enjoyment of the Prerrrises. Tenant and guests or will not use~he Promises aF ac~soent cross in such a way as to: (1 j violate aey lawv ~ ordinance, ~ckkNr~g Iaws prohibiting the use, possession a sale of illegN drugs; (2} «xnmit weals (sewers property darr~sge); or (3) cr~eale a nuisance y arx~oying, dam, incorfvertienang or inlerfiering with the quiet enjoyment and peace and quiet of any other Tarwnt or ne®rby resident. Clause 1S. Pals I ~~~~- ~,~i~ Clause 16. i..andk~r+d's U ~~i rn~,~~ Y~~~G~~~~}rt ~~~ Landbrd or Landbni's agents may enter the Pr+errrises ~ the event of an emergency, to make repairs or knpr+overrnsnts, to monitor and ~ Terwsrt's c+sompli~oe with the teens of this Agr~esrr~ern, or tD shave the Premises ~ prospective buysts or lenaMs. Landkxd may also enter the Premises to conduct ~ mspsclion to check far saiirsty or mair~lsnsnae problems- Except in cases of emergency, Tenant's abarrdor+rtrsrrt of the Prennises, court order, or whero it is unprabte tc do so, Lanctcx~d wiN giire Tenant Mienty-four (24) hours' nafioe be~for~e errtering. Claws 17. Extended Absences by Tenant Tenant will notify Lsndkxd in advance if Tenant wiN be away from the Premises for ten (10} or more consecutive daysl During such abeerwe, Laud may enter the Promises at times reasanabb necessary to maintain the Promise and inspect for needed repairs. Clause 18. possession of the Premises a. Tenant's failure to take possession [f, after signing this Agreement, Tenant fails to take possession of the Premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement. b. Landlord's failure to dolivsr possession If Landlord is unable to deliver possession of the Premises to Tenant for any reason, including, but not limited to, partial or complete destruction of the Premises, Tenant will have only the right to terminate this Agreement upon written notice to Landlord. to such event, LandlCd`s liability to Tenant will be limited to the return of all sums previously paid by Tenan~ to Landlord. Clause 19. Tenant Rules and Regulation Tenant acknowledges receipt of, and has read a copy, Tenant Rules and Regulations, which are labeled Exhibit A, attached to and made a part of this Agreement. Landlord does retain the right to amend, cancel, change, revise, and expand the Tenant Rules and Regulations from time to time without the consent of the Tenant. Tenant shalt follow as such rules and regulations and shall require that all persons at the Premises with the consent of the Tenant also follow all such rules and regulations. Clause 20. Paymont of Court Costs and Attorney Feoa in a Lawsuit in any successful action or legal proceeding (whether the success is partial ar complete) brought or defended by Landlord, with respect to any part of this Agreement, Tenant shall pay reasonable attorney attorney fees and court costs to Landlord. Clause 21. Disclosures Tenant acknowledges that Landlord has made the following disclosure regarding the Premises: Disclosures of information on Lead Based Paint and/ot Lead-Based Paint Hazards. Other Disclosures: (vr G~ N e~ ~~~`~ ~ ~ ~ Clause 22. Authority to Receive Legal Papers a. For the Landlord Only the Landlord is authorized to accept service of Process and receive other notices and demands directed to him. They shaft be delivered to landlord in person or by first class mail, postage prepaid, at the following ~Idress:1054~ York Ro~c~ D i 11 sburg , Pa . 1 ~ 0 ~ 9or such other address as Landlord shall designate in writing. h. For tho Tenant Service of process and other notices and demands to Tenant may be delivered to 1 errant it person, posted conspicuously anywhere upon the Premises, or by mail. Larutloii: need not give Tenant a notice of or an opportunity to correct, any broken term of this Agreement. Tenant also gives up any right to receive a "notice to quit" or "notice tv vacate" from landlord other than the notice n~quired by this Agreement. This means Landlord is not re~uir+ad to notify Tenant to leave the Premises except as specifically set b ~~. tvrih ~n thrs Agreement. , Clause 23. Additional Provisions ~e'~T~~~ a ~~~~ ~~,~ Additional provisions are as follews: r~~ da+~+~a ~~ ~~~~~~ ~.m~~i~ 5~~E-c~~.a- ~y! -.. -_=~.,Y. I °~ """ tin WIA.'!V~`y ~ 'f Ll v~ 1 ~~ ![.t;,Z.~~ - 'renter / Tenant Liability Policy is NEEDED Clause 24. Validity t~f Each Part Lc;:.~;,;-„ u, ~ ~- ~~--~~ C.~nc( rn.c~u.~.c~ ~~'~-1 ~k~,~ If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement. Clause 25. Termination of Tenancy The following are grounds upon which this Agreement may be terminated by Landlord: (a) The failure of Tenant or Tenant's guest or invitees to comply with any term or this Agreement; (b) If the Landlord discovers at any time that Tenant's rental application is incorrect or incomplete; (c) If Tenant cannot pay debts when due or declares bankruptcy. When this Agreement ends, Tenant must leave the Premise and remove all of Tenant's properly. Tensnt w~i ragas' any damsgs. ~Y ProP!~tY Ter~utt Isav~em behind be ~or~sidsred sbendoned. Landlord may keep or discard that property. Clause Zd. Erttlr~ ~1~pt Tarrant has reed team Agreement before signing it. Ap promises mods by Lendbrd ere in it, end them are no others. Clause Z7. Aet~ies ®ouod by A9nemant This Agri ~snt obiig~m Landlord. Tenan# end as psrtiss who ~wfialyl sucosed to their rightm or take their placxs. Date: ~ ~ t I ~ ~'--~~ ~_ ~~ ~, ~~ f ~ Landbrd: ~ _ ~~~~~ - ~'~ y ^-fir ~~ ~`~'~~ Phone Number ~: ,-.r ~ y ~` ~ `'~ Dar Date Phone Number VERIFICATION I, Jennifer L. Horne, have read the foregoing document and to the extent that it facts supplied by me, they are true and correct to the best of my personal knowledge, i and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa. C.S. §4904 relating to falsification to authorities. Dated: 8/l ~ // ~ ~, Jennifer L. Horne CERTIFICATE OF SERVICE AND NOW, this ~ day of August, 2012, I hereby certify that I have served the within document on the following by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Eric Tripp Jennifer Tripp 55 Furnace Road Wernersville, PA 19565 Anthony T. McBeth, Esquire 407 N. Front Street, Floor 1 Harrisburg, PA 17101-1215 12027-001/192616 CALDWELL & KEARNS a.( JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 12-1843 CIVIL TERM 1=RIC TRIPP and JENNIFER TRIPP, : CIVIL ACTION -LAW Defendants : JURY TRIAL DEMANDED , NOTICE TO PLEAD - ,.. TO: Jennifer L. Horne ~ --~ cao Douglas K. Marsico, Esquire - _ . Caldwell & Kearns Attorneys for Plaintiff - ' ~ ~. 3031 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the New Matter and Counterclaim raised herein within twenty (20) days of service of the attached pleading upon you, or judgment may be entered against you. a0 ®ate Attorney for De en ants 407 North Front St., First Floor Harrisburg, PA '17101 (717) 238-3686 Supreme Court I.D. # 53729 Anthony T. McBeth, Esquire X07 North Front Street I-larrisburg, PA 17101 X717) 238-3686 Attorney for Defendants JENNIFER L. HORNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ERIC TRIPP and JENNIFER TRIPP, Defendants NO. 12-1843 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER. NEW MATTER AND COUNTERCLAIM 1. Admitted. ?. Admitted. 3. Admitted, upon information and belief. ~1. Admitted in part and denied in part. It is admitted that the parties entered into a 'cease. It is denied that the copy attached to the complaint is a true and correct copy. Instead, Defendants were given only a partial copy which Plaintiff led them to believe was the complete lease. even though the numbering suggests othenNise. A copy of the lease provided to Defendants, representing the actual lease that they signed is attached hereto, marked Exhibit "A" ~~nd incorporated herein by reference. ~. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the Defendants had cats. To their knowledge, though, based on the response to averment four, Defendants were never informed that possession of cats was in violation of any terms of any document. 8. DE~nied as stated. While the cats may have had occasional accidents.. they did not "urinate on carpet and flooring throughout the subject property." 0. DE~nied. This is an attempt by Plaintiff to inflate her damages. In fact., pursuant to the parties' negations, Defendants provided $150.Oi~ for cleaning of the carpet as Plaintiff had requested. 10. DE~nied. Again, this is an attempt by Plaintiff to inflate her damages. Defendants did not cause the "repair costs." 11. Denied as stated. Even if the property was "unrentable for three weeks,'' which i.)efendar~ts deny, there is no evidence to suggest that Plaintiff had a tenant ready who could have immediately moved in after the Defendants' departure. Moreover, as stated in flew Matter, consequential damages of the sort pleaded here are not recoverable. 12. It is admitted that the Defendants paid a security deposit of $800.00. As stated in view Matter and thE~ Counterclaim below, Defendants believe and therefore aver that ~'laintiff is wrongfully withholding the security deposit. 13. Admitted as to the filing. As to the costs, they are admitted upon information and belief. 14. Denied. After reasonable investigation, Defendants lack information necessary to c~etermine the truthfulness of this averment. If material, strict proof thereof is demanded. 15. Denied as stated. While the purported copy of the lease attached to the complaint contains paragraph twenty, Defendants were never given a copy of the complete lease and, instead, signed what they were given which, as meni:ioned previously, is attached hereto, ?'narked Exhibit "A" and incorporated herein by reference. 2 WHEREFORE, Defendants request this Honorable Court to enter judgment in their favor and against Plaintiff, to tax the costs of this action against Plaintiff, and to provide any ether relief the Court deems appropriate. NEW MATTER 16. Tf ~e responses set forth above are incorporated herein by reference. 17. Plaintiff's claims are barred by the requirements of the Landlord Tenant Act of 1951 in that, contrary to the requirements of that law, although Defendants provided written notice of their forwarding address to Plaintiff by letter dated October 11, 2011, Plaintiff failed to provide an itemized gisting ofdamages and reconciliation ofthe Defendants' sec:,uritydeposit ~,r~ithin thirty days. A copy of the Defendants' October 11, 2011 letter is attached hereto, marked E=xhibit "B" and incorporated herein by reference. 18. Plaintiff's claims are further barred by the Doctrines of either Accord and Satisfaction or Compromise and Settlement in that Defendants provided funds for carpet cleaning as noted in the October 11, 2011 letter and Plaintiff accepted those. 19. Most if not all of the damages that Plaintiff is claiming were pre-existing; the carpet was warn and quite old when Defendants moved into the premises. 20. To the extent that the Court awards any damages to Plaintiff, those damages should be reduced by $42h.55, representing sixteen days of rent, in that for that time period, the premises, was not habitable because of concrete being poured and the furnace and hot ~=,nater being shut off. WHEREFORE, Defendants request this Honorable Couri: to enterjudgment in their favor and against Plaintiff, to tax the costs of this action against Plaintiff, and to provide any other relief the Count deems appropriate. 3 COUNTERCLAIM 1. The Counterclaim Plaintiffs are Eric Tripp and Jennifer Tripp, adult individuals, married i:o each other, residing at 55 Furnace Road, Wer~nersville, Berks County, Pennsylvania. 2. Counterclaim Defendant is Jennifer L. Horne., an adult individual residing at 1059 East York: Road, Dillsburg, York County, Pennsylvania. 3. As noted in the complaint to which this Counterclaim forms part of the response, ;ounterclaim Plaintiffs and Counterclaim Defendant entered into a lease agreement for Counterclaim Plaintiffs to rent an improved parcel of real estate known as 339 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania; the lease was dated SeptembE~r 1, 2010. ~. In t:he lease described in the previous paragraph, Counterclaim Defendant was the landlord or landlady and Counterclaim Plaintiffs were the tenants. 5. The lease was for a one year term. 6. The parties mutually agreed that their leasing arrangement would come to an end on or about October 8, 2011. 7. On October 11, 2011, Counterclaim Plaintiffs provided Counterclaim Defendant written notice of their new forwarding address. As noted earlier, a copy of that correspondence is attached hereto, marked Exhibit "B" and incorporated herein by reference. 8. At the time that Counterclaim Plaintiffs moved into the Boiling Springs premises, they provided (;ounterclaim Defendant a security deposit of $800.00. 9. Contrary to the terms of the Landlord Tenant Act of 1951, Counterclairr~ Defendant 4 has neither returned Counterclaim Plaintiffs' security deposit nor provided a written list of damages and reconciliation of the security deposit within thirty days from receipt of written notice of the Counterclaim Plaintiffs' forwarding address. 10. The Landlord Tenant Act of 1951 allows a tenant whose security deposit has been wrongfully withheld as described herein to recover double the security deposit along with attorney's fees and costs. COUNT I -DAMAGES FOR FAILURE TO RETURN SECURITY DEPOSIT PURSUANT TO LANDLORD TENANT ACT OF 1951 11. The facts set forth in paragraphs one through ten of this Counterclaim are incorporated herein by reference. 12. tn~asmuch as Counterclaim Defendant did not comply with the requirements of the andlord Tenant Act of 1951, Counterclaim Defendant is not entitled to continue to withhold C:ounterc~laim Plaintiffs' security deposit and is liable to Counterclaim Plaintiffs for double the security deposit along with costs and attorney's fees. 13. Justice requires that the Court enter judgment for the Counterclaim Plaintiffs and against the Counterclaim Defendant with respect to the security deposit claim as described herein. WHEREFORE, Counterclaim Plaintiffs request this Honorable Court to enter ic~dgment in their favor and against Counterclaim Defendant for $1,600.00 together with interest, the costs of this action, including reasonable attorney's fees, and to provide any .ether relief the Court deems appropriate. COUNT II -CONVERSION 14. ~~he facts set forth in paragraphs one through ten of this Counterclaim are 5 ~ncorponated herein by reference. 15. On or about September 29, 2011, upon arriving at the leased premises from work, ~~nd still under the terms of the parties' lease, Counterclaim Plaintiff .lennifer Tripp encounfiered various workmen in the basement of lrhe property. 16. Upon asceri:aining that certain items of Counterclaim Plaintiffs' personal property ~,n~ere missing, Counterclaim Plaintiff Jennifer Tripp inquired of the workers if they knew the ~~n~hereak~outs of thE~ items; the workers informed Ms. Tripp that the workers were instructed by Counterclaim Defendant to remove the items. 17. The removed items consisted of a deer pelt with an approximate value of $300.00 ,and series of Yu C)i Oh cards with an approximate value of $300.00. 18. Apart from i.he items of personal property described in the previous paragraph, uounterciaim DefE~ndant has also wrongfully retained on the leased prermises curtains sought and installed by Counterclaim Plaintiffs; the curtains value at approximately $50.00. 19. (;ounterclaim Defendant was not authorized to remove or otherwise alter f` ounterclaim Plaintiffs' personal property, and Counterclaim Defendant is not authorized `to retain the curtains. 20. (;ounterclaim Plaintiffs believe and therefore averthatthe Counterclaim Defendant's E~etention or, as the case may be, removal and destruction of property, constitutes the tort cf conversion for which, at this point, legal damages remains the only viable mechanism to compensate Counterclaim Plaintiffs. L1. Counterclaim Plaintiffs therefore believe and aver that, in compensation for Counterclaim Defendant's conversion as described herein, Counterclaim Defendant should be made liable to Counterclaim Plaintiffs in an amount of $650.00. 6 1/VHEREFORE, Counterclaim Plaintiffs request this Honorable Court to enter iudgment in their f<~vor and against Counterclaim Defendant i~or $650.00, together with interest, the costs of this action, and any other relief the Court deems appropriate. r 'Q a- 9 e ±~fRony T. Mc h, E.~q. Attorney for D fe ant ounterclaim Plaintiffs 407 North Front ., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme (:ourt I.D. #'.3729 7 Jf~ (y . • Residential Rsntal •Agrrei~wnt ~ ~ ~ . . Cfausi 1. ld~nfNi+catterf of landlord ar~d Tsnant ~ • ~ . - This Agreement is entered irr~o ~n __ <~~~ ' -~ ~ ._°.~G~~~ ~ s betwesr: .. 1 1 -L. - - - t"Tenant") anc~ ~~~~~' ~°*-a-t"tandl~3'~ Who is tt~ . - :~~c~ P-aPe~ of the pnernise boated at the a~oress os 33 I Dl d ~~~eu5~~d P~nsyivanis {~l3ullaing" of "Pr+oparty,) if th®t°e is i~nore•t(ia~n one,' at~.Tenantr;~~+r.~z ~ -: ,.. . . l~~r and ebb, bath iridividualfy end together, forifife pajrrnent,of rent ar~c#•, `~ , the perfanr~an~ce of ell atlrer taemts at'this ~~. ... - , - ~~~,• ~aatisa~2. idsntificatlota of Pnsmmisaa ~ . Subject to the terms and cvr~ciltec~ns in thls Agraaement, landlord renits~ta~ ~'ai~arr~ acid 't'enant re frx~rn larx#k+rd, inr.t#ie Ptivefe residerfial ust~ of Tenarrt ~~o fhe ~~ i~acated at ~ _ . ~ - -• : = Rennsylvanls ("Prrreiasa'~..toge'ther r~rith Y#ae follci~a+irx~ fur°ri$tslr~gs and apptiance~: Rental of the l:?ieix-lses ~alaa indtxfes the rJg~tt to use tt~e dssigrzated par~ir~g eras nor the purpose +3f parking ~'enarrt`s operational motor vehicles, This right d~ net tneluti~ the right to stare rr#or vehldes or to parr or store rnotar ver-icies that are rxat usad by • the Terae~t for personae trarr.~parlration cn a fimquer+t and r+agular basis or ex~recfis~red srrotar vehk~as of a~- klnd. Tenent'e destgmeted Pam area:_ tr-.. ~':..__~~_~___ .. Clause 3. Llmlts vn 11yta and Occupar~cjr . . , . •`I`he Pr+ernise-s'sreto tie used ~ as ~ priVra~a resldercce•far Tenant and Tan~ant's minor . children, if;at~y. Oc~pancy by any otherpersart ~ar'rrrrx~ •tl~r`F t+eh ('l~~-tba ..i:o , r•, . ..,,,..~... , pro~bit~ vvittaoitf Larxflor~t's Yrri'tten, consent ~~~ ~ / ~ ~'~~ ~ Clause 4. Tsrm eft'iwe Tenancp ~ro ' ,, _ ~ _T~'~~ of the tat will t~ln on ~t -T- ~`~'~' ,~~~~d _, anal continue for '- ~ ~ s ~7:r. ~• ~~~ '~ crf mad ifze . ~. L_ arxilo~ naay, ts3cminata tl~e tendF-cy ~! t~rm~ of this Agrearr~nt lay givlhg tfie Tenan# __~~___„ days' vin r~tk~e. After ane . - P df ter~ncy, tint rreay terminate tree t~n~ncy by gi•ttx+ lid ~ __. . days' written r~tics..lf Ter~rrf sfiays or eeav+saG p+re~rtt+ in ~ l~i~s >+- th~a tenrln~ of thls A~reetnerzt, Tenets must also pay Landlord dt~utale #~ rent amount. 1't~ paKrnerrt sitall~bt ~ tbr~sidered rerrt, and Tenant ill t~o4:1,~~'ar~y 4egal right to use Qr remain in the Pr~emi~s. - EXFIIBIT "A" Clause :2~. Authority to Receive Legal Papers a, t=vr the Landlord t~niy the Landiardts authorized to accept service of Process and receive Qiher notices acid derrtands directed to him. They shaft be delivered to i.,anrilord in person ar by first class mail, postage prepaid, at the fallowing address: p gqE Yank Road 13i l lsburg, Pa , t 7a~ 9or such other address as Landlord shall desrgnate in writing. b. For the fier-ant Service of process and other notices and demands to Tenant ray be delivered to i"enant in.person, pasted conspicuausiy anywhere upar3 the Premises, ar by rraail. i_aridlorz: need hat give Tenanf a notice of car an opportunity to c[urecf, arry broken darrr~ <~~ this ,~greemanl. Tenant also gives up any right to receive a "Mice to rla~it" _:~~ `~otica E'~' tc; vacate" from landlorad other then the r~otics required by this Ae~reement. 3 hes -~reaans p~~~ ~ Latid6ord is not required Pa notify Tsnanf to leave tht~ Premises except as specrficalPy sat?' {'..1 r~~ith ~r, Phis Rgrea,r~enf. , s ~ ~~~ ~ '~ -~1%(.f S~~ ~ ~ X25 /1 ~~~J ~ ~~ ~~es'~bV ttieF'(~ ~~t , ~ ~t>~.~U •' ;ia~ase, 13. ~dditiana~l Pravissor~s rj Additional provisic,ns are as follows: ~ ~ ~~ti~~~~~ ,s. tenter / Tenant Liability Policy is NEEDED clause Z4. Validity a~# Each Part ~Gtcx,,rn ~.o ~-a ~- °m~'`~-~~ ~I r~.~nd. n1.~ute.d ~ ,~, 1 it any portion of this Agre$mer-t is held to be invalid, its invalidity will not affeot the validity or enforceability of any other provision of this Agreement. Clause 2&. Termination of Tenancy The fallowing are grounds upon which this Agreement may be terminated by Landlord: ~ (a} The failure of Tenant or Tenant's guest or invitees to comply with any term or this Agreement; {b) tf the t_andiord discovers at any time that Tenant's rental applicatkon is incorrect or inconnpiete; (c) if Tenant cannot pay debts when due or declares bankruptcy. When this Agreet~nent ends, Tenant must !save the Premise and remove all ~~f Tenant`s --_ . - ~,__ • ~ ,. ~p~r;• • Tet~ent v~itd.ra~iF'~:~anlp da_ s?'!a'8~~ ~Y P~tI! Tet~tau~t i9ave~a be~t&~d sE~aaU t~ , .. . - aansside~d Wined. ~ ~;~ndkxr~ miry keep°or dlacend~that ~xq~erty.. ' 4.1~L~~ iP. E!1'tir+~ Aq~NllMft - ~ - i r,~ , , _, ;i; r..; Y ~ _ jf~ E ~~ t~~ ~ i[f .~ J~~~Ri1iR ~~ •4 lVi ~ ~ i~7~-7lLI~~~ WO, j , . •f!i ~~ d~ ttiele $T9 f1D Q~15, _ i . - ~_ .. , z ~~as.~a ~'~~ fag ss~ ~ ~~a~s~c~r~# Thy ~grea~-~k ~obli~s l~nclba~d, Tertat~ ~~ ~ roes w~f7t7 ~~~ ::~ ~€~ righia of take their placers. ,. L~~alc~r:. .. - .. <~ ~ - ~ • -,~-.-- , ~n s store G~~"~'' -' . _~~'~'_~cz'`~~ ~9~ F'f~ras ~umt~r Phc i~~m~er ~~~:.. 3enrul'er I-Iorne 105'a E. York Rd Dillsburg 17019 Dear Jen, l.0/1 IJ2011 As our lease has come to an end on our mutually agreed upon date of October 8; 201.1 I am writing, to inform you of our new address. Please send all correspondences to Jennifer Tripp Eric `I~ripp 55 Furnace Rd ~`Je~~rre~-swillc, p~, 1c~565 4E~4-2c~9-89>6 Cel? shone °~uas unak~lc to schedule an appointrnent with tie carpet clearer before (_lci ;arpet i~ajik was booked beyond October 8`~, i have att,eched tnei~- ca~~d as well .~:.~- elaeck 1~ti~- ~~~ 50.00 to cover ~e cost of carpet cleaning as we diseussecl. ~Iso l called Penn Waste to cancel the garbage ar~d notify them of my new address. They need. to know who's name to put tl~e garbage in. They asked for my lane or~ds name, I gave that to them but told them I would have you call there with instruct ions. Their #~! is 717-767-4456. Sincerely, f Z ~~~ Jc~ ~ ripe ~i ~ i, DafeB ~HIBIT "B'• VERIFICATION. `JVe, Eric Tripp and Jennifer Tripp, Defendants/Counterclaim Plaintiffs in the foregoing action, verify that the facts set forth in the attached document are true and correct to the best of our knowledge, information and belief. We so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsific tion to authorities). Qi_'11~3ER 19, 2012 Date s Eric Tripp Date nnifer Tri p VERIFICATION We, Eric Tripp and Jennifer Tripp, Defendants/Counterclaim Plaintiffs in the foregoiing action, ~~erify that the facts set forth in the attached document arE:~ true and correct to the best of our knowledge, information grid belief. We so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities). Date Date Eric Tripp ~~~ Jennifer Tripp ~~- JENNIFER L. HORNE, Plaintiff v. :RIC TRIPP and JENN{FER TRIPP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1843 CIVIL TERM CIVIL ACTION -LAIN JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendants/Counterclaim Plaintiffs.. hereby certify that I have served the attached document by placing same in the United States mail, first :Mass, postage pre-paid addressed as follows: Douglas K. Marsico, Esquire Caldwell & Kearns Attorneys for Plaintiff 3631 North Front Street Harrisburg, PA 17110 ate Anthony T. N~Bgeth, Ems- Attorney for i endants/Counterclaim Plaintiffs 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3086 Supreme Court f.D. # 53729 Douglas K. Marsico, Esquire CD Attorney I.D. #69804 CALDWELL &KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 -ell Attorney for Plaintiff, Jennifer L. Horne JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-1843 CIVIL TERM ERIC TRIPP and CIVIL ACTION - LAW JENNIFER TRIPP, Defendants JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Douglas K. Marsico, counsel for the Plaintiff in the above action,respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is within Cumberland County arbitration limits, specifically$6,504.03 plus attorney's fees, interest and court costs. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas K. Marsico, Esquire Caldwell &Kearns 3631 North Front Street Harrisburg, PA 17110 Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 17101 9 (40 Plaintiff s counsel has conferred with opposing counsel regarding the within Petition. Attorney MeBeth has no objection to this Petition. WHEREFORE,your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, E 4tto D sico,e squ glas ire 0. 69804 DWE KEARNS 3631 N fth Front t Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff Date: 7 12027-001/204/3 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 1.7101 CALDWELL& KEARNS Dated: z� y F- I'C'E PROIHONOTARY Douglas K. Marsico, Esquire 26 13 JUL 16 Pm G: ! Attorney I.D. #69804 CALDWELL & KEARNS CUMBERLAND E � �COUNTY 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Jennifer L. Horne JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-1843 CIVIL TERM ERIC TRIPP and CIVIL ACTION - LAW JENNIFER TRIPP, Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, 5 2013, in consideration of the foregoing petition, f��dYn Esq., i �C1 Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. BY THE COURT P.J. i 713. F.x.FILES\Firm\Miseellaneous\Order-Horne v.Trippe.wpd JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1843 CIVIL ACTION - LAW ERIC TRIPP and JENNIFER TRIPP, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this `/' day of September, 2013, in accordance with the attached signed Settlement Agreement from Plaintiff's counsel indicating this action has been settled,the Order of July 15, 2013, appointing Arbitrators is hereby VACATED. BY THE COURT, Kevi . Hess, P. J./ cc: ✓ Douglas K. Marsico, Esquire I/Anthony T. McBeth, Esquire Michael Scherer, Esquire ✓Andrea Shaw, Esquire Thomas J. Williams, Esquire 4'fe,� Ma.lea q14113 =M Miry(� 3r1 G CD CZ)-q«y PS l / i JENNIFER L. HORNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 5.; V. NO. 12-1843 CIVIL TERM ERIC TRIPP and JENNIFER TRIPP, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SETTLEMENT AGREEMENT i i The parties to this Agreement are Jennifer L. Horne and Eric Tripp and Jennifer Tripp, husband and wife; all parties are adult individuals and they are parties in a pending lawsuit described below; I i WHEREAS, Jennifer L. Horne brought suit against Eric Tripp and Jennifer Tripp for back rent and related claims with respect to a home that Eric Tripp and Jennifer Tripp 4ad rented from Jennifer L. Horne, the home located in or around Boiling Springs, Cumberland i County, Pennsylvania; and, WHEREAS, the suit that Jennifer L. Horne brought is captioned to Cumberland County, Pennsylvania Court of Common Pleas No. 12-1843 Civil Term; and, WHEREAS, Eric Tripp and Jennifer Tripp filed a counterclaim against Jennifer L. Horne within the lawsuit described above; and WHEREAS, the parties desire to settle their differences short of trial with respect to the aforesaid lawsuit, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. All parties will enter into mutual releases which release the other parties from any liability for any claim; 2. Eric Tripp and Jennifer Tripp shall pay to Jennifer L. Horne, the sum of $3,500.00 in satisfaction of her claims against them; 3. The first half of that payment, or$1,750.00, shall be made to Jennifer L. Horne (through hers and the Tripps' counsel) within seven (7) days from the date that counsel executes this Settlement Agreement and the parties execute the releases described above; 4. The second payment that Eric Tripp and Jennifer Tripp shall make to Jennifer L. Horne shall be made within sixty (60) days from the date of the first payment; that second payment shall also be in the amount of$1,750.00; 5. The parties' counsel, acting on the parties' behalf, shall execute all documents necessary to discontinue both the lawsuit that Jennifer Horne brought against Eric Tripp and Jennifer Tripp, and the counterclaim that Eric Tripp and Jennifer Tripp brought against Jennifer L. Horne,counsel doing so upon Jennifer L. Horne's receipt ofthe second of two payments by Eric Tripp and Jennifer Tripp as described above; 6. Throughout the pendency of the Cumberland County, Pennsylvania Court of Common Pleas case that has been described above, Jennifer L. Horne has been represented by Douglas K. Marsico, Esquire and, at all times relevant to conclusion of the Cumberland County case,Eric Tripp and JenniferTripp have been represented byAnthony T. McBeth, Esquire. 7. For their convenience, the parties have authorized their respective counsel to execute this Agreement on the parties' behalf, and,further, all parties warrant that they have read and reviewed this Agreement, have had it explained to them by their counsel to 2 i i i I I I their satisfaction, and the parties expressly authorize their respective counsel to enter into this Agreement Date D rsico, Es i I nd Kearns, P.C. A r . s for Jennifer L. Horne i 363 orth Front Street Harrisburg, PA 17110 (717) 232-7661 Supreme Court I.D. # 69804 I ate nthony . M h, Es . Attorney for ric a d Jennifer Tripp 407 North Fro , First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 3 Jr HE: PRO T ON 77, 2013 DEC 26 PH 2: 50 Douglas K. Marsico, Esquire CUMBERLAND COUNTY Y Attorney I.D. #69804 PENNSYLVANIA CALDWELL &KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Jennifer L. Horne JENNIFER L. HORNE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 12-1843 CIVIL TERM ERIC TRIPP and : CIVIL ACTION - LAW JENNIFER TRIPP, Defendants : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this action settled, and discontinued without prejudice. Resp; illy submitted, Respectfully submitted, ihony T. Mc t eth,' squ - Do fJ T` arsico, Esquire Attorney I. D. 4. 537.9 Attorney .D. No. 69804 407 North Front Street, First Floor CALDWELL&KEARNS Harrisburg, PA 17101 3631 North Front Street 717-238-3575 Harrisburg, PA 17110 Attorney for Defendants 717-232-7661 Attorney for Plaintiff Date: -' ` J 3- Date: l� ! f ' r CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 17101 CALDWELL &KEARNS Dated: 1 e By NIG .L. 12027-001/209114