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Home My WebLink About04-6178 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01'-/-&/ 7~ ~ NOTICE OF APPEAL F'./~ -: bet.~. t/. XD'I Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT I MAG. DIST. NO, 09-03-05 CITY I NAME OF D,J, Gayle A. Elders STATE ZIP CODE James F. Bassett ADDRESS OF APPELLANT 960 F.Dplpy RO;ld DATE OF JUDGMEN-r I'N THE CASE OF (Plaintiff) Nnvpmhpr 10, ?004 J;lmes F. R;lssett DOCKET No, Mech;lnicsburg PA (Defendant)' 17055 LT-0000302-04 vs Daniel S. Lorenz and Wendy Lorenz S~~ORNEYORAGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Keith O. Brenneman If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appel/ant or attorney or agent RULE: To , appellee(s) Name of appel/ee(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 ofthe mailing. Date: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Aope 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY -- ' of PROOf Of SERVICE Of NOTICE OF APPEAL AND RULE FflED WITHIN DA YS of COfvlMONWEAL 1H COUNTY OF PENNSYLVANtA AFFIDAVIT: that I 3 copy of Notice uf No. , upon (ciatt! upon the mall, receipt AND DAY OF (") '"" 0 expires = C:-:. = -n <-A, <...- . 1_\ -,c:,,.. .r- 1:'. I,': c:::J ~ W < , .~ rq n1p ~ c-> l, \ I -om \ ~ \~ -V6 \.0 c::> \~ '-. -4 ' ~. ".,... ::r: ::r-l \: .. X qB ~~ () Ofn ~ '" S~:. -.-1 ""~- ?O ~, ~ 0 , , ~ \.0 -< '^. ~ ~ ~ ~ ~ AOPC - 02 -'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF' RESIDENTIAL LEASE r,;' NAME and ADDRESS I BASSETT, JAMES F 960 EPPLEY ROAD MECHANICSBURG, PA 17055 L ~ Mag, Dlst No.. OJ Name, Hon GAYLE A. ELDER Address 507 N. YORK ST. MECHANICSBURG, PA VS. Telephone: (71 7) 766 - 4575 17055 DEFENDANT: NAME and ADDRESS fLORENZ, DANIEL S, ET AL. 804 PINE ROAD CARLISLE, PA 17013 L Docket No.: LT- 0000302 - 04 Date Filed: 11/15/04 I JAMES F. BASSETT 960 EPPLEY ROAD MECHANICSBURG, PA 17055 --3 D I!J n L-I .... THIS IS TO NOTIFY YOU THAT: Judgment: . D Judgment was entered for: (Name) O Judgment was entered against Landlord/Tenant action in the amount of $ .00 on 11/30/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ . .00 Total Amount Established by DJ Less' Security Deposit Apo.li,fld = Adjudicated AmouDto Rent in Arrears $ . 00 - $ . 'U U ::: $ . U . Physical Damages Leasehold Property $ . 00 - $ . 00 ::: $ . 00 Damages/Unjust Detention $ _ 00 - $ _ 00 ::: $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ _ 00 UT Judgment Amount $ .00 Judgment Costs $ . 00 Attorney Fees $ _ 00 Total Judgment $ .00 Post Judgment Credits $ Post Judgment Costs $ r.\ Certified Judgment Total $ , LJ Possession granted if money judgment is not satlstled by time ot eViction. o Possession not granted. 0 Defendants are jointly and severally liable. LORENZ, DANIEL S PISMISSED W/O PREJUDICE DEF 001 in a (Date of Judgment) .00. Attachment Prohibited/ 42 Pa.C.S. S 8127 This case dismissed without prejudice. Possession granted. , IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORD::R TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. . IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 MA Y BE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. . J:'; ) } ) 0 V Date . pi (!. ff f'lf/7 , District Justice I certify'that this is a true and correct cdpy of the record of t~e proceedings containing the judgment. . Date , District Justice ~i~C;9tr.~ission expires first Monday of January, 2006. SEAL .~~W:'~iT'~'2i.~?,~"~ '?0I;~':I)'J.~~'~~~~: 'i' ;.' ;,< "::,r~'-' , """."., ,~ ~ ,~".... "....I'J'......,.;.M,-t'~T,f"l~.,~~~"'t'ii,r:r:::1'~~::l'll',:,~~;~..!'::y:.\:.:1,[:,~,;:::.":?;:~~f', <.; ~',~,'0.~.. ;rr:.. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ">".jliit~tal District, County Of (;umbe.t-lanu NOTICE OF APPEAL FROM --- DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~ - &/ 7~ ~ NOTICE OF APPEAL F', led ~ Dee. tf. ,;)C.OLf Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT .1..._ F. Bassett ADDRESS OF APPELlANT MAG, DIST. NO, 09-03-u.) CITY NAME OF D,J, Gayle A. Elders STATE ZIP CODE Mecbanicsbur PA 11055 IN THE CASE OF (Plaintiff) (Defendant)' vs Daniel S. Lorenz and Wendy Lorenz S~~~ORNEYORAGENT James F. Bassett LT-0000302-04 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Keith o. Bicennem.an If appellant was Claimant (see Pa. R.C.P.D.J, No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothono/ery or Deputy I I r PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ofform to be used ONL Y when appellant was DEFENDANT (see Pa.R.CP.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appel/ee(s) (Common Pleas No. ) within twenty (20) days after seNice of rule or suffer entry of judgment of non pros. Signature of appel/ant or attorney or agent RULE: To , appellee(s) Name of appel/ee(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. Date: ,20 Signature of Prothonotary or Deputy , YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE ~ ... PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Check boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,55 AFFIDAVIT: I hereby (swear) (affirm) that I served lX] a copy of the Notice of Appeal, Common Pleas No. 04-6178 , upon the District Justice designAted thElff.lin on (date of service) December 10 ,2C()4 personal seryice ir~ by (c8I1iHed) (Ui:~Jed! mali. Dan~el ~ Lorenz and sender's receipt attached hereto, and upon the appellee, Wendy Lorenz December 10 ,20 04 by personal service :fij (~ii~mall. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 10th DAY OF December ,2004 Signature of DffiSfJt Notary Public My commission expires on November 24,20 or COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Born, Cumberland County MyCcmmission Expires Nov. 24, 2007 Member, Pennsylvania Association Of Notaries 2 ""-' c,:> 0 c:;;:> .1 '" ..1;- 0 .-1 f'1I 'l: (""') hl r-'" rl C" W .' j '. , ~~} C" :t:-,,,, i "-"'''' <- __P>o- " c: 0 ;::: =<! 0 N Aore 312A. 02 !I '" " I ru M I"- ~ CJ m M ~ CJ CJ CJ CJ CJ M CJ M m C] CJ I"- LAW OFFICES SNELBAKER Be BRENNEMAN U.S. Postal Service " CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Cov. rage Provided) l'''l'.'''IJ..''1.J.,..,.t{'llla~ Postage $ .37 Certified Fee 2.30 Retum Reclept Fee (Endorsement Required) 1. 75 Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Senl To ~:!::y.~r3~Q~-~:~-~~--R~~d-----..m----m.-----m-_.-----. citY:-SiBie;ZIP+4M~~h-~~i~-~-b~~-~;--P-A--' -i;-os-;---------------- ." . I U.S. Postal Service", CERTIFIED MAIL", RECE~PT (Domestic Mail Only; No Insurance Cove age Provided) m M ..D M M m M ~ CJ CJ Certified Fee CJ CJ Retum Reciept Fee (Endorsement Required) ~ Restricted Delivery Fee Cl (Endorsement Required) M Total Postage & Fees 1. 75 $ 4.42 ITl g San/To Danie 1 S. Lorenz I"- $tii8;;APfiilo:;-8o-4"--Pi.Tf~"R'Cf&Q-----------'-------"---'--"-'m__.__.. or PO Box No. Ci1Y;Siaie;ziP+4--c'~~i-i-~-1~-:---PA-----17-013------------------...---- PS Form 3800 June 2002 See "'.. . . U.S. Postal Service CERTIFIED MAIL ,,' RECEIPT (Domestic Mail Only; No Insurance Cover; ge Provided) ~ ..D ..D M M m M ~ CJ CJ Certified Fee CJ CJ Retum Reciept Fee (Endorsement Required) CJ Restricted Delivery Fee M (Endorsement Required) CJ M 1. 75 $ 4.42 Total Postage & Fees m CJ nt To D" . CJ 1str1ct Just1ce Gayle A. Elder I"- SiRiS----.--- --------.----...---.-.---.----------------..----.-----.----..---....-..-. ~~.~.~~; 507 North York Street citY:.SiBie;Z1P+4-M~~h-~-~T~.~-b~.~-g~---PA-----i-705-5---.-.--.-..-. :1 . I 'lIerse tor Instructions LAW OFFICES SNELBAKER Be BRENNEMAN !I i ! II l' JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004- (P17 g DANIEL S. LORENZ and WENDY LORENZ, : CIVIL ACTION - LAW Defendants 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 a 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 prope:rty or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO A LA WYER 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER &: BRENNEMAN, P. C. By: ,{f;l1t~ Attomeys for Plaintiffs n i'l I :! :i iI i I I JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004- ro (7 g DANIEL S. LORENZ and WENDY LORENZ, CIVIL ACTION - LA W Defendants COMPLAINT Plaintiffs Joseph A. Napoli and Debra A. Napoli, through their Attorney-In-Fact, James Bassett, by their attorneys, Snelbaker & Brenneman, P. C., file this Complaint against the Defendants and in support thereof state the following: 1. Plaintiffs Joseph A. Napoli and Debra A. Napoli are adult individuals and owners of real estate improved with a residence located at 135 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). 2. Defendant Wendy Lorenz is an adult individual residing at the Property. 3. Defendant Daniel S. Lorenz is an adult individual with a last known residence located at 804 Pine Road, Carlisle, Pennsylvania. 4. On July 1,2000 Plaintiffs Joseph A. Napoli and his wife, Debra A. Napoli, entered into a Real Estate Lease with Defendants with respect to the lease ofthe Property (the "Lease"). A true and correct copy of the Lease is attached hereto c:md incorporated by reference herein as "Exhibit A". 5. Pursuant to the terms ofthe Lease, Defendants agreed to pay a lease payment of LAW OFFICES SNELBAKER Be BRENNEMAN $1,250.00 each month on the first day of each month. 6. Pursuant to the terms of the Lease, the initial lease term would expire on June 30, LAW OFFICES SNELBAKER Be BRENNEMAN II U 'I !, Ii II 2002, but the Lease would renew for additional periods of one month on the same lease terms. 7. James Bassett brings this action as Attorney-In-Fact for Plaintiffs pursuant to the provisions of a Special Power of Attorney executed by Joseph A. Napoli August 16,2004 and Debra A. Napoli December 13,2004. A true and correct copy of the Special Power of Attorney dated August 16,2004 is attached hereto and incorporated by reference herein as "Exhibit B" and a true and correct copy of the Special Power of Attorney dated December 13,2004 is attached hereto and incorporated by reference herein as "Exhibit C". 8. Defendants have failed and refused to pay to Plaintiffs monthly rent as required by the Lease for the months of March, May, June, July, September, October, November and December, 2004, in the total amount of$lO,OOO.OO. 9. Pursuant to the terms ofthe Lease, Defendants have agreed to pay 10% of the required payment for each payment that is not paid within ten (10) days of the date said payment is due. The late charges due to Plaintiffs under the Lease for the ten monthly installments Defendants failed to pay as identified in Paragraph 8, above, total $] ,000.00. 10. Pursuant to the terms of the Lease, Defendants have agreed to pay all cost, damages and expenses suffered by Plaintiffs by reason of Defendants' default. 11. Defendants' failure to pay rent when due and required by the Lease constitutes a material default. As a result of such default, Plaintiffs have engaged Snelbaker & Brenneman, P. C. at the hourly rate of$150.00 and has incurred legal fees and expenses and will continue to incur legal fees and expenses associated with Defendants' default and this action. 12. Defendants, or one of them, continue to occupy the Property. 13. All conditions precedent to Plaintiffs' right to recover and bring this action have -2- LAW OFFICES SNELBAKER & BRENNEMAN 'I I: f' 1 ,; ~ i :1 ;1 'J !l 11 occurred. Ii I WHEREFORE, Plaintiffs demand judgment against the Defendants, jointly and severally, in the amount of $11 ,000.00, together with attorney's fees of $330.00 incurred up to the time of the preparation of this Complaint and those to be incurred subsequently thereto, together with legal interest and costs of this action. SNELBAKER & BRENNEMAN, P. C. Date: Ot:~dl fi, 1-()d t./ ,11IfflV\-- BY: Keith O. Brenm:man, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs -3- REAL ESTATE LEASE This Lease Agreement (this "Lease") is made effective as of July I, 2000, by and between Joseph A. Napoli ("Landlord"), Debra A. Napoli ("Landlord"), and Daniel S. Lorenz ("Tenant"), Wendy Lorenz ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant a 3 BR, 2.5 BA Singie Family Horne (the "Premises") located at 135 Simmons Road, Monroe Twp" Cpmberland County" Mechanicsburg, Pennsylvania 17055. LEGAL DESCRIPTION. The legal description for the Premises is Single Family Ranch Style House on 2.5 acres FURNISHINGS. The lease of the Premises includes the fc>llowing furnishings: Refrigerator (GE Americana side/side); Stove (GE Spacemaker); Dishwasher (Whirlpool); ceiling fans w/lights: Master Bedroom, Kit.chen, Sun-porch (2 eal; Jacuzzi; Dehumidifier; Mini-blinds (3 sets); Vertical blinds (2 Sets). Tenant shall return all such items at the end of the lease term in a condition as good as the condition at the beginning of the lease term, e>:cept for such deterioration that might result from normal use of the furnishings. STORAGE. Tenant shall be entitled to store items of pE!rsonal property in the garage and/or 1/2 of lower shed during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items. OCCUPANTS. The Premises may not be occupied by more than 6 person(s), consisting of 2 adult(s) and 4 child(ren) under the age of 18 years, without the prior written consent of the Landlord. TERM. The lease term will begin on July 1, 2000 and will terminate on June 30, 2002. RENEWAL TERMS. This Lease shall automatically renew for an additional period of one month per renewal t~rm 0n the same termR aR thi~ Jpaqp. unl~g. pith~T party gives written notice of the termination no later than 60 days prior to the end of the term or renewal term. HOLDOVER. If ~enant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord a lease payment for the Holdover Period based on the terms of the following Lease Payments paragraph. Such holdover shall constit~te a month to month extension of this Lease. LEASE PAYMENTS. Tenant shall pay to Landlord a total annual lease payment of $15,000.00, payable in advance, in installments of $1,250.00 per month on the 1st day of each month. Lease payments shall be made to the Landlord via deposit at Member's 1st FCU Acct'#112717-11, or to Property Manager, James Bassett or as may be changed from time to time by Landlord. LATE PAYMENTS. Tenant shall pay a late charge equal to 10.00% of the required installment payment for each payment that is not paid within 10 day(s) after the due date for such late payment. NON-SUFFICIENT FUNDS. Tenant shall be charged $25.00 for each check that is returned to Landlord for lack of sufficient funds. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $1,000.00 to be held and disbursed for Tenant damages to the Premises (if anyl as provided by law. Upon termination of this Lease, Landlord will return to Tenant within 30 days, any remaining deposit and an itemized list of any damages charged or assessed. POSSESSION. Tenant shall be entitled to possession o~ the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. EXHIBIT A KEYS. The Tenant will be given 2 key(s) to the Premisl~s. If all keys are not returned to the Landlord at the end of the lease, the Tenant shall be charged $50.00. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant may construct such fixtures on the Premises (at Tenant's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. MAINTENANCE. Tenant's obligation for maintenance shall include: - the driveway and sidewalks including snow and ice rerrroval - routine care and upkeep of interior and exterior of premises, pool maintenance and care to include proper winterization, ,Ind plumbing pipes and drains less than 4" dia. Landlord's obligation for maintenance shall include: - the roof, outside walls, and other structural parts of the building - the electrical wiring and heating system - all plumbing lines greater than 4" - all other items of maintenance not specifically delecrated to Tenant under this Lease ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord (or Property ManagE!r) shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Landlord (or Property Manager) may enter the Premises without Tenant's consent. UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services in connection with the Premises. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests ir, the Premises and property located on the Premise3. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, inflammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. TAXES. Landlord shall pay all real estate taxes and assessments for the Premises. ~ DEFAULTS. Tenant shall be in default of this Lease, if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any fi~ obligation within 60 day(s) (or any other obligation within 60 oay(s)) after wr1tten not1ce of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further no!i~, and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses suffered by Landlord by reason of Tenant's defaults. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasona'ole. If the condition changes so that, in Tenant's opinion, the habitability~nd rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord. PETS. The Tenant is permitted to have on the Premises: one small dog or cat, approved in advance by the Landlord. No additional peta shall be allowed without the prior written consent of the Landlord. ASSIGNABILITY/SUBLETTING. Tenant may not assign or subLease any interest in the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. MILITARY CLAUSE. Under the following circumstances, T,=nant if a member of the Armed Forces, may terminate the Lease by giving the Landlord written notice. If Tenant, receives change of station orders to perlnanently depart the local area, or is relieved from active duty; or If Tenant is deployed to a foreign country and is not continuing to receive quarters allowance; or If Tenant, is ordered to re-Iocate to military housing and will not receive quarters allowance. Tenant agrees to furnish Landlord with a copy of official change of station or deployment orders or orders to move to military housinq. Termination notice will terminate Lease 30 days after notice is given, unless otherwise agreed upon by Tenant and Landlord. Tenant will be entitled 1:0 security deposit, less lawful deductions, after move-out under these conditions. TERMINATION UPON SALE OF PREMISES. Notwithstanding anv other prov~s~on of this Lease, Landlord may terminate this lease upon 60 day(s:' written notice to Tenant that the Premises have been sold. NOTICE. Notices under this Lease shall not be deemed 'lalid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: Landlord(s) : Joseph A. Napoli / Debra A. Napoli 4055 Chippendale Court Richmond, Virginia 23234 Tenant (s) : Daniel S. Lorenz / Wendy Lorenz 201 Allen Road Carlisle, PA 17013 Such addresses may be changed from time to time by either party by providing notice as set forth above. ENTIRE i-\GREEi'IENT!At-lE:NDl-lENT. Thi.s Leiise "9x'eement ',::onte,ins the entire agreement: of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be ITlodified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the state of Pennsylvania. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises. ADDITIONAL PROVISIONS: Tenants must maintain Solar Salt in the water softener. Landlord does not certify or warrant basement without the use of dehumidifier. d\~ {l.I1~."NoO WJt~ lell'fL~ This Summary is not an official part of your document. It contains highlights of the important information that has been entered into the document. SUMMARY of the RESIDENTIAL LEASE LANDLORD(S) Joseph A. Napoli Debra A. Napoli TENANT(S) Daniel S. Lorenz Wendy Lorenz ADDRESS OF PREMISES 135 Simmons Road, Monroe Twp, Cumberland County, Mechanicsburgh, Pennsylvania 17055 TERM OF LEASE Beginning date: July 1, 2000 Ending date: June 30, 2002 LEASE PAYMENTS Payment terms. Annual lease payment: $15,000.00 Monthly installment: $1,250.00 Payment due on the 1st day of each month. SECURITY DEPOSIT $1,000.00 SPECIAL POWER OF ATTORNEY PREAMBLE: Tb.is is a MILITARY POWER OF ATTORNEY prepared pursuant to Title 10, United States Code, S 1044b, and executed by a person autb.orized to receive legal assistance from tb.e military services. Federal law exempts tb.is power of attorney from any requirement of form, substance, formality, or recording tb.at is prescribed for powers of attorn~~ by the laws of a state, tb.e District of Columbia, or a territory, commonweCilltb., or possession of tb.e United States. Federal law specifies tb.at tb.is p,:)wer of attorney sb.all be given tb.e same legal effect as a power of attorney prepared and executed in accordance witb. tb.e laws of tb.e jurisdiction wb.ere it is presented. KNOW ALL PERSONS BY THESE PRESENTS: That I, JOSEPH A. NAPOLI, Social Security Numller 181-44-2576, by this document do make and appoint JAMES BASSETT, whose present address is 960 Eppley Road, Mechanicsburg, PA 17055, as my true and lawful attorney-in-fact to do and execute (or to act with persons jointly interested with myself therein in the doing or execution of) any or all of the following acts or things: To demand, sue, receive rent and arrears now due from tenants on my property located at 135 Simmons Road, Mechanicsburg, Pa 17055; To contract and monitor minor repairs not to exceed two thousand dollars ($2,000.00) at the above stated property. I HEREBY GIVE AND GRANT TO my said attorney-in-fact: full power and authority to perform every act and thing whatsoever that is n,:cessary or appropriate to accomplish the purposes for which this Power of Attorney is granted, as fully and effectually as I could do if I were present; and I hereby ratify all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of this document. PROVIDED, however, that all business transacted hereunder for me or for my account shall be transacted in my name, and that all endorsements and instruments executed by my said attorney-in-fact for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my said attorney-in-fact and the designation "attorney-in-fact." I FURTHER DECLARE that any act or thing lawfully done hereunder by my said attorney-in-fact shall be binding on myself and my heirs, legal and personal representatives and assigns, whether the same shall have been done either before or after my death, or other revocation of this instrument, unless and until reliable intelligence or notice thereof shall have been received by my said attorney-in-fact. FURTHER, this power of attorney shall remain in full force and effect until August 31st, 2005, unless sooner revoked by me, provided, however, that such prior revocation shall be of no effect in respect to parties acting or things done in reliance hereon prior to receipt by them of such notice of revocation as may be prescribed by law. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day, 16th day of August, 2004. EXHIBIT B ACKNOWLEDGEMENT SERVING WITH THE ARMED FORCES OF THE UNITED STATES NAVAL LEGAL SERVICE OFFICE, NAPLES, ITALY Before me personally appeared JOSEPH A. NAPOLI who, having produced a Uniformed Services Identification Card, is known to me to be the identical person who is described herein, and who signed Clnd executed the foregoing instrument on this day, 16th day of August, 2004, as a true, free, and voluntary act and deed, for uses, purposes, and considerations therein set forth. And I do further certify that I am a Noncommissioned Petty Officer of the Armed Forces of the United States serving in the rank indicated below, that by Federal law I am authorized to exercise the powers of a notary without requirement of a seal, and that this document is executed by me in accordance.with those powers and in that capacity. S, LN2, USN PARALEGAL Authority: 10 U.S.C. ~ 1044a. NO SEAL REQUIRED SPECZAL POWER OF ATTORNEY PREAMBLE: This is a MILITARY POWER OF ATTORNEY prepared pursuaJ'Jt to Title 10, United States Code, !i 1044b, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form., substance, fo,rmality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a ter;r-itory, commonwealth, or possession of the United States. Feder,ll law speci.fies that this power of attorney shall be given the s.ame legal effect as a power of attorney prepared and executed iZl: accordance wi th tbe laws of the juriSdiction where it is present:ed. KNOW ALL PERSONS BY THESE PRESENTS: That I, DEBRA A. NAPOLZ, Social Security Number 166-48-3802, by this document do make and appoint JAMES B.i~SETT, whose present address is 960 EPPLEY RD., MECHANICSBURG, PA 17055, as my true and lawful attorney-in-fact to do and exe.::ute (or to act with persons jointly interested with myself therein in the doing or execution of) any or all of the following acts or things: TO DEMAND, SUE, RECEIVE RENT AND ARREARS NOW DUE FROM TENANTS ON MY PROPE:RTY LOCATED AT 135 SIMMONS ROAD, MECHANICSBURG, PA 17055. TO DO ANY AND ALL ACTS NECESSARY TO CONTRl~CT AND MONITOR MINOR REPAIRS, NOT TO EXCEED $2,000, FOR MY PROPERTY LISTED ABOVE. I HEREBY GIVE AND GRANT TO my said attorney-in-fact full power and authority to perform every act and thing whatsoever that is necessary or appropriate to accomplish the purposes for which this Power of Attorney is granted, as fully and effectually as I could do if I were present; and I hereby raltify all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of this document. PROVl:DED, however, that all business transCl.cted hereunder for me or for my account shall be transacted in my name, and that all endorsements and instruments executed by my said attorney-in- fact for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my said attorney-in-fact and the designation "attorney-in-fact. II :r FURTHER. DE~LARE that any act or thing laLWfully done hereunder by my said attorney-in-fact shall be binding on myself and my EXHIBIT C heirs, legal and personal representatives l3.nd assigns, whether the same shall have been done either before or after my death, or other revocation of this instrument, unless and until reliable intelligence or notice thereof shall have been received by my said attorney-in-fact. FURTHER, this power of attorney shall rema:Ln in full force and effect until AUG 31ST, 2005, unless sooner revoked by me, provided, however, that such prior revocat:ion shall be of no effect in respect to parties acting or things done in reliance hereon prior to receipt by them of such not.ice of revocation as may be prescribed by law. :IN W:ITNESS WHERl~OF, I have hereunto set my hand and seal on this day, 13th day of DEC, 2004. ~~~: tl~~ ACKNOWLEDGEMENT SERVING WITH THE ARMED FORCES OP THE UNITED STATES NAVAL LEGAL SERVICE OFFICE, NAPLES, ITALY Before me personally appeared DEBRA A. NAPOLI, who, having produced a Uniformed Services Identification Card, is known to me to be the identical person who is described herein, and who signed and executed the foregoing instrument on this day, 13th day of DEe, 2004, as a true, free, and voluntary act and deed, for uses, purposes, and considerations theredn set forth. And I do further certify that I am a Noncommissicmed Petty Officer of the Armed Forces of the United States lserving in the rank indicated below, that by Federal law I am authorized to exercise the powers of a notary without requirement of a seal, and that this document is executed by me in accordance with those powers and in t at capacity. KEVI SS, LN2, USN ~ AuE ority: 10 V.S.C. ~ l044a. NO SEAL REQUIRED LAW OFFICES SNELBAKER & BRENNEMAN " .' H \' ! I VERIFICA nON I verify that the statements made 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. n~^- ~@-~ ~apoli and ~ ~.~! Debra A. Napoli, by ~~.. , ~~~.,;::.:.::.. 1 s Bassett,~ttomeY^in^fact Date: December 14, 2004 LAW OFFICES SNELBAKER Be BRENNEMAN !I [j i1 H I CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Complaint be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Wendy Lorenz 135 Simmons Road Mechanicsburg, P A 17055 Daniel S. Lorenz 804 Pine Road Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. ~fjMv--,- By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 L I Attorneys for Plaintiffs ate: Ot:~GPl If; 2 (/67 t--..:> q n --4 c: ,.. -l~. I 1 ( ) : 1 "'( ( i , \, -.) !' (, .-~., , .~ i n -' ., ( r~"::" ",,".:, JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-In-Fact, JAMES BASSETI, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-6178 DANIEL S. LORENZ and WENDY LORENZ, Defendants : CIVIL ACTION - LAW ,11f/<)' wEIZ.. I, the Defendant, Daniel S, Lorenz hereby submit the following objections in defense to the complaint filed against me on 14 December, 2004. Responses to the contents of individual paragraphs follow: L Agreed, 2. Agreed. Daniel Lorenz and Wendy Lorenz have been living separate and apart since March, 2001 when Daniel Lorenz petitioned for divorce. 3. Agreed, 4, Agreed. 5. Agreed. 6. Agreed 7. The original agreement stated that the lease would renew for additional periods of one month at the end of the lease term, however Joseph Napoli ,and Wendy Lorenz made subsequent agreements to which I was not a party and aboult which I was not consulted. 8. Wendy Lorenz was and is responsible for making the rent payments for the months of March, May, June, July, September, October, November, and December, 2004, not both of the defendants. Wendy Lorenz agreed to her responsibility for these payments during a Landlord /Tenant Action hearing in November, 2004, Docket No. L T -0000302-04. A true and correct copy of the Notice of Judgement dismissing me without prejudice is attached hereto and incorporated by reference herein As "Exhibit A", Furthennore, I spoke with Joseph Napoli in August of2002 and when I assured him that Wendy Lorenz was receiving court ordered child and spousal support he indicated to me that he would hold Wendy Lorenz responsible for paying the rent and would nc' longer be looking to me for payments, A true and correct copy of the Order of the Court dated 2 July, 2002 is attached hereto and incorporated by reference herein as "Exhibit B". 9. Late charges, as the rent in Paragraph 8, above, are the responsibility of Wendy Lorenz. I O. As stated in Paragraph 7, above, I am not a party to the current agreement between Joseph Napoli and Wendy Lorenz. Furthermore, as stated in Paragraph 8, above, I have been providing spousal and child support to Wendy Lorenz through PaSCDU since 2002. 11. Legal fees regarding this matter are the responsibility of Wendy Lorenz just as the rent and late fees stated in Paragraphs 8 and 9, above, 12. One of the defendants, Wendy Lorenz, continues to occupy tht: property, 13. I can not confirm that all precedent conditions have occurred. WHEREFORE, Defendant Daniel S. Lorenz requests to be dismissed from this complaint. Date: ,/ ./ /// j,r / / BY .' / A4<(4 ./:." "",~--~ Daniel S, Lorenz "--..---' 804 Pine Road Carlisle, PA 17013 (717) 697-8528 Defendant 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 N()TICE OF JUDGMENTITRANSCRIPl PLAINTIFF RESIDENTI~~E~f.~~s~ IsAsSETT, JAMES F 960 EPPLEY ROAD MECHANICSBURG, PA 17055 L Mag. Dis!. No: OJ Name: HOIl. GAYLE A. ELDER Add"" 507 N. YORK ST. MECHANICSBURG, PA VS. T"op"", (717) 766 -4575 17055 DEFENDANT: 'LORENZ, DANIEL S, ET AL. 80~1 PINE ROAD CARLISLE, PA 17013 L I Doc\{et No,: LT-0000302 - 04 Date Filed: 11/15/04 NAME and ADDRESS JAMES F. BASSETT 960 EPPLEY ROAD MECHANICSBURG, PA 17055 1& D ,,0 .[!] THIS IS TO NOTIFY YOU THAT: . Judgment: FOR PLAINTIFF [!J Judgmentwai3 entered for: - (i\jame) BASSETT. JAMES F o Judgment was entered against LORENZ , WENDY LX! ,Landlord/Tenant action in the amount of $ 8.138.50 on 11/30/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 , Total Amount Establishlld b'i. DJ Less' Security Deposit ApQ.li~d _ = AdjudicatedArnouBb Rent m Arrears $ 1l,0UO.00 -$_ .UO - $ 8,000. Physical Damages Leasehoid Property $ .00 - $. .00 = $ .00 . Damages/Unjust Detention $ _ 00 - $_ 00 = $ .00 Less Amt Due Defendant 'from Cross Complaint - $ .00 Interest (if provided by lease) $ . 00 lJT Judgment Amount $ 8.000 00 Judgm€lntCosts $ 138.50 Attorney Fees $ . 00 Total Judgment $ 8,138.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 8 Possession granted if money judgment is not sallSlleo oy time 01 eVlc,lon. Possession not granted. D Defendants are jointly and severally liable, in a (Date of Judgment) .00. Attachment Prohibited/ 42 Pa.C,S, ~ 8127 This case dismissed without prejudice. Possession granted, IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF TH.E COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, , IF A PARTY WISHES TO APPEAL ONL Y THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. , EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT .IUSTICE, 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, Dale IS IS a true an Date , District Justice Ings contalDlDg t e JU gment. , District Justice EX;!/I]/; A COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 NOTICE OF JUDGMENTITRANSCRIP PLAINTIFF RESIDENTI~~E~'~~~S~ f8J~SSETT, JAMES F 9(;0 EPPLEY ROAD M1~CHANICSBURG, PA 17055 L Mag. DisL No OJ Name: Hon GAYLE A. ELDER Add"" 507 N. YORK ST. MECHANICSBURG, PA T",ph"" (717) 766 -4575 17055 DEFENDANT: Ir.ORENZ, DANIEL S, ET AL. 804 PINE ROAD CARLISLE, PA 17013 L I DO.Cket No.: LT- 0000302 - 04 Date Filed: 11/15/04 LORENZ, DANIEL S DISMISSED W/O PREJUDICE VS. NAME and ADDRESS JAMES F. BASSETT 960 EPPLEY ROAD MECHANICSBURG, PA 1& 17055 '.. THIS IS TO NOTIFY YOU THAT: . Judgment: . 0 Judgment was entered tor: (Name) O. Judgment was entered against Landlord/Tenant action in the amount at $ .00 on 11/30/04 The amount of rent per month, as established by the District Justice, is $ The totai amount of the Security Deposit is $ .00 DEF OOl in a (Date of Judgment) .00, Total Amount Established by OJ bess' Security Deposit AP~Wd = Adjudicated Amou8h Rent in Arrears $ . 0 - $ . = $ . Physical Damages Leasehold Property $ . 00 $ . 00 = $ . 00 Damages/Unjust Detention $ 00 $ _ 00 = $ _ 00 Less Amt Due Defendant from Cross Complaint -$ _00 Interest (if provided by lease) $ _00 UT Judgmenl Amount $ _00 0 Attachment Prohibited/ Judgment Costs $ .00 42 Pa,C,S, ~ B127 Attorn"y Fees $ _00 [!] This case dismissed without prejudice, Total ,Judgment $ .00 0 Possession granted, Post Judgment Credits $ Post Judgment Costs $ r-l Certifi,ed Judgment Total $ " Possession granted if money judgment is not sallSlleU uy lime 01 eViction. .n. Possession not granted, o Defendants are jointly and severally liable. , IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE ~,N APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, , IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUD(3MENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTlllCT JUSTICES,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 DISTRICT JUSTICE, 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 DISTRICT JUSTICE IF THE JUCIGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date . District Justice Ings containing t e JU gment, " District Justice E YF/,r} 17 IJ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WENDY A. LORENZ ) Ord,~r Number 00435 S 2002 Plaintiff ) VS, ) PACSES Case Number 752104527 DANIEL S. LORENZ ) Docket Number 00435 S 2002 Defendant ) Other State ID Number ORDER OF COURT o Final (iJ Interim 0 Modified AND NOW, 2ND DAY OF JULY, 2002 ,.based upon the Court's determination that the Payee's monthly net income is $ 2177.93 and the Payor's monthly net income is $ 6, 592.24 , it is hereby ordenxl that the Payor pay to the Pennsylvania State Collection and Disbursement Unit TWO THOUSAND THIRTY AND JOe/l00 Dollars ($2,930.00 ) a month payable MONTHLY as follows: first payment due ON OR BEFORE THE 15TH DAY OF JULY, 2002. The effective date of the order is 07/01/02 . Arrears set at $ 2960.00 as of JULY 2, 2002 are due in full IMMEDIATELY. All terms of this Order are subject to colkction and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of fmancial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name LINDSAY ESTELLE LORENZ JONATHAN SCOTT LORENZ WENDY ANNE LORENZ Birth Date 11/11/88 10/10/89 01/06/63 Service Type M Form 0E-518 Worker lD 21005 /"//11$/7 $ LORENZ v, LORENZ PACSES Case Nwnber: 752104527 per month payable The defendant owes a total of $ 2 , 930 . 00 for arrears. The defendant must $2,930.00 MONTHLY for current support and $ 0 . 00 also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: Payment Amount! FreQl1ffficy $1,151.00 $1,151.00 $628.00 $ O. 00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 =One Time B =BiWeekly 2 =Bi-Monthly 5 =Semi~AnnualIy S =Scmi-Monthly A =AnnualIy M = Monthly W =Weekly Q = Quarterly neht 1)!pp. fH.:~riptinn 'RP.np.fida~ 1M 1M 1M I I I I I I I I I I I I I I I I I CHILD SPT ALLOC CHILD SPT ALLOC SPOUSAL SUPPORT LINDSAY ESTE:LLE LORENZ JONATHAN SCOTT LORENZ WENDY ANNE LORENZ Said money to be turned over by the Pa SCDU to: . PaYffil~nts must be made by check or WENDY ANNE LORENZ money order. All checks and money orders must be made lpayable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Service Type M Page 2 of4 Form OE-S18 Worker ID 21005 E )(j.//&/7 t-;?" LORENZ V. LORENZ PACSES Case Number: 752104527 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 75 % by defendant and 25 % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child anel/or spouse) in unreimbursed medical expenses. <K:l DefendantO Plaintiff 0 Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the OPlaintiff (i) Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that applkation for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: DEFENDANT IS TO PAY THE $30.00 COURT COSTS WITHI~I TEN DAYS UPON RECEIPT OF THIS ORDER AND MADE PAYABLE TO CUMBERLAND COUNTY DOMESTIC RELATIONS SEC'l'ION, P.O. BOX 320, CARLISLE, PA 17013. THE JULY SUPPORT IS DUE, IN FULL, ON OR BEFORE THE 15TH DAY OF JULY, 2002. Defendant shall pay the following fees: Fee Total $ 5. 00 $ 25.00 $ 0.00 $ 0.00 $ 0.00 Fee Description furJUDICIAL COMPUTER FEE for COURT COSTS for for for Pavrnent l::reQJIen'<Y Payable at $ 5.00 Payable at $ 25.00 Payable at $ 0.00 Payable at:S 0.00 Payable at $ 0 . 00 per ONE TIME per ONE TIME per per per Page 3 of 4 Fonn OE-518 Worker ID 21005 Service Type M E//llt<'/;r tP LORENZ v. LORENZ PACSES Case Number: 752104527 IMPORT ANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WlUFUUY FAlLS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR AITORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUSl) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME AITACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTIl'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE. BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by 0 % a month untilllll arrearages are paid in full. Payor is responsible for court c~ Copies delivered to parties . ~. ?-o y . ate Consented: Plaintiff Plaintiff s Attorney Defendant Defendant's Attorney DRO: RJ Shadday xc: plaintiff defendant Sandra Meilton, Esquire Matthew Eshelman, Esquire BY Tm; COURT:_.__ /~..~ ~,-~.....,.~ ,{' c.,_,~-,;~",,~~!'::,~"- Edward E. Guido ;:- ./} Forln OE-518 Worker ID 21005 Judge Page 4 of 4 Service Type M CJ;.I,J'JIT /f> r-~ .."J (,;' <-- ;",'': (,:) OJ .~::-_~ f-',) ....._ c.,....; C?) ,.'! - JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-6178 DANIEL S. LORENZ and WENDY LORENZ, Defendants : CIVIL ACTION - LAW ~~\hK:0 Q I, the Defendant, Wendy A Lorenz hereby submit the following to the complaint filed against me on 14 December, 2004. Responses to the contents of individual paragraphs follow: 1. Agreed. 2. Agreed. Daniel Lorenz and Wendy Lorenz have been living separate and apart since March, 2001 when Daniel Lorenz petitioned for divorce. 3. Agreed. 4. Agreed. 5. Agreed. 6. Agreed 7. The original agreement stated that the lease would renew for additional periods 8. Some payments have been paid as stated I agree that the total rent due to date isl0,000 9. per verbal agreement with Mr. Napaoli he would lease to me until his return and no mention of late fees were addressed 12. One of the defendants, Wendy Lorenz, continues to occupy the property. 13. I am working on vacating the property with my 2 childmn and would like to make an agreement of repayment with Mr. Napoli, there are reasons that rent has been late and unpaid to date, child support cuts, changes in employment lllld legal bills via divorce and an auto accident. BY~'\)M'(0v;) ~') Wendy A. Loreni --,. 135 Simmons Road Mechanicsburg P A 17055 (717) 8029576 Defendant Date: ('''ql./I\.. \ --:s I ') (.;-0 S" 2 Page 1 of 1 Subj: Date: From: To: Notice of Move 1/18/2005 12:52:52 PM Eastern Standard Time DANPLUS3 CUrnparQ@cs,com Dear Joe: Please accept this as my 30 day notice to move from the property of 1,15 Simmons Road, Mechanicsburg, Pa17055, copy mailed to Mr, Bassett this date, I understand that the past due amounts are still in arrears and that all rent for Jan and Feb 05 will be payable, I do not have an address to date but the phone number 7178029576 will remain a contact number and as soon as an address is effective I will provide you with that as well as Mr. Bas>sett, Per our conversation in Oct you stated that since you would be movingl back to the area to renovate the house that there would be no need to clean carpets, or such- given the court matter I do not wish to be charged for additional items that will be torn down or removed by your work-I am asking at this time that you let me know what you would like done as far as the move out inspection of the property so that no additional cost to you or I will build, The items listed in the original terms are still in place except for the gold refrigerator which stopped working and Mr, Bassett was made aware of this and was going to remove from thE! property-he delayed doing such and J did have that taken out One mini blind in rear bedroom has been damaged, should I replace this blind? The carpets do need cleaning but in our earlier conversations you stated not to do that they were all being removed, should I do this anyway? I will await your answer and will do what is n~quested prior to leaving the property, The heating units replaced are working and have made about a 200 difference in the heating bill, most recently the dishwasher has begun to leak when used, we have discontinued using the unit. With that said, I want to thank you for allowing the children and I to IiVll here, we have enjoyed living in the same place for more than 18 months and will have good memories of your home, I am not leaving the area, the children will continue schooling in the area, It has never been my intentions to take advantage of you in any way 81nd I hope all matters will be resolved and workable to us all, again Thank you, Wendy Lorenz Tuesday, January 18, 2005 America Online: DANPLUS3 t-:) () ..:::;;> -'i\ c:::;> r.-1"1 ..-I C. c;) (/1 --------------- JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-ln.Fact, JAMES BASSETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2004-6178 DANIEL S. LORENZ and WENDY LORENZ, : CIVIL ACTION - LA W Defendants PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith O. Brenneman, counsel for the Plaintiffs in the above a.ction, respectfully represents that: 1. The above-captioned action is at issue. 2, The claim of the Plaintiffs in this action is $11, 000,00+, The counterclaim of the Defendants in this action is: 0.00, The following attorneys are interested in this case as counselor are otherwise disqualified to sit as arbitrators: Keith 0, Brenneman, Esquire and Ricbard C. Snelbaker, Esquire, WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Date: January 19, 2005 Respectfully Submitted, I/~---- Keith 0, Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs ORDER OF COURT AND NOW, ,2005, in consideration of the foregoing Petition, , Esq" , Esq" and , Esq, are appointed arbitrators in the above-captioned action as prayed for, By the Court, p, J, -k:P-~ ...-.c5 - . ~ Q/~ ~ aO- ~ oe ~J 0 -D 0::::: v -\ --:'; (~ . ' .......':: ......,~. .--: \:-;' Cl\ ,,-0:,; JOSEPH A, NAPOLI and DEBRA A. NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2004-6178 DANIEL S, LORENZ and WENDY LORENZ, CIVIL ACTION -- LAW Defendants PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith O. Brenneman, counsel for the Plaintiffs in the above action, respectfully represents that: 1, The above-captioned action is at issue. 2, The claim of the Plaintiffs in this action is $11, 000,00+. The counterclaim of the Defendants in this action is: 0,00. The following attorneys are interested in this case as counsd or are otherwise disqualified to sit as arbitrators: Keith O. Brenneman, Esquire and Richard C. Snelbaker, Esquire, WHEREFORE, your Petitioner prays your Honorable COUlt to appoint three (3) arbitrators to whom the case shall be submitted, Date: January 19, 2005 Respectfully Submitted, I/~------" Keith O. Brenneman, Esquire 44 W, Main Street Mechanicsburg, F'A 17055 (717) 697-8528 Attorneys for Plaintiffs ORDER OF COURT '-.-/" , AND NOW, <(lvu..r.t? d / ,2005, in consideration of the foregoing pet.ition, ~ ax ,Esq" h-c.~ 4. /~'ESq"and ~~~ ( . " ~:4 .P ...Esq, are appointed arbitrators in the above-captioned action as prayed for. By the Court, --( p, 1. t co !~ W- U_. 1..1'7.' C) ~5 ,..... ~ ~~0 0---- "t\.. ::::r- v'D "* . ~ C)~ ~'; -'J D0 ---- Q"\ ,",.,,~ ..c:.:';: v j3' t,?t- c, (- -~ , ~'. .."J' "'"~ ~ JOSEPH A. NAPOLI and DEBRA A, NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2004-6178 DANIEL S, LORENZ and WENDY LORENZ, CIVIL ACTION - LAW Defendants PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith 0, Brenneman, counsel for the Plaintiffs in the above action, respectfully represents that: I , The above-captioned action is at issue, 2, The claim of the Plaintiffs in this action is $11, 000,00+, The counterclaim of the Defendants in this action is: 0,00, The following attorneys are interested in this case as counselor are otherwise disqualified to sit as arbitrators: Keith 0, Brenneman, Esquire and Richard C, Snelbaker, Esquire, WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Date: January 19,2005 Respectfully Submitted, I/~ Keith 0, Brenneman, Esquire 44 W, Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs ORDER OF COURT AN~NOW, "'~ ~tld / ,2005, in consideration ofth~ foregoing petit,ion, ~U rIJa;;c ,Esq" hluA./ ~ ~~, Esq., and /) . ~ (~fi(j ,;f: ~~--P ..Esq. are appointed arbitrators in the above-captioned action as prayed for. CZl~,~ ~ +-.e. ~ s. ;;("~~ Pf'\ By the Court, pbJ ( p j, S/jI/e)~ v-V .-:::5 - . CY \..A.. ~ 6D- ~ O~ o Cf" - .' ..- -- ~ ~J -S:) ot:::: - \ cO \..:...J \J.-- v L.f".:! \:) lf~ ~.,~ c- 'i"'~"J _.- < r;;' en {...,:\ o it '-=:(II J ()<)[/}! /! ,I'/,/'/'Oi I ;1;1I D3,::?pj! /l ,1'/;1;""',' / IN THE COURT OF CC~1MCN PIF~.S ~raERLArT.!) GOUflTY, P3NNSY.I3Al'JI."'- 1~';1I/;/TI/'::-/ No. :2 {/u "/ - ; I --; Y 7J /I (VI( I <;. /</k!-/f/c-:7 />'/-[~/z/ ;;}11'// NOTICE OF APPEAL FROM N,ffl..RI! OF BOARD OF fl.JffiTI'RATORS TO ~ ?ROTEONCTfl.~qy: Notice is gi'len that lJp"y/r!'? '5 /cW'//VZ appeals f'ror.1 the award of the board of arbitrators enterec in t::cis case on / ')- '" .'""" -- ->- / ~( rft'1d:;??; /(7(,1 '7 A jury trial is cemanded 0 (Cheak_~ box if a jury trial is demanded. Ot2.eI"'.ise ju..ry trial is ,.aivec.) I hereby certify that (1) the compensatio~ of the arbitrators r~s been paid, or (2) application has been made for permission to proceed L, fo!'!!1.8. pauperis. (Stri~.(e out the L'1Ecppli:able clause.) " ,,/,i/" /,J .v/::'fY';'/ //"/J~~ Appellant or Attorney " _ Appellant ! NCTE: The, demand for jury trial on appeal from compulsory arbitration is g=erned by Rule 1007.1 (b). (b) No affidavit or verif'icat ion is rec;u.ired. ~"..) R: '- -\J 'U ~ '-C" ~" B ~ " \,l' ,) C> --~ i2 '2> ---.c: ,. e,. '~ ~) '""'\ ~ ~ r. '1 r- ~, G .., r~ -::0 ex..,"') ('lI IJ' 0 ,-r: ~I\ 'CJ -,.J '" \:". <V ,....,. '0 - - -, C' r-...~ c~ 2~ C/'I CI r ~'1 c-' (.) c) o ,'j :c;:J p;-o:;JJ --crT'! ",C (3 ,g~~ ~\~ .01 .< .t:" CJ PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ( ) for JURY trial at the next term of civil court (X ) for trial without a jury, ---.------------------..---------------------------------------------------------------------------------------------. CAPTION OF CASE (X ) Asswnpsit JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-in-Fact, JAMES BASSETT Plaintiffs ( ) Trespass ( ) Trespass (Motor Vehicle) ( ) Equitable Relief vs, DANIEL S. LORENZ and WENDY LORENZ, The trial list will be called on February 14,2006, Defendants Trials commence on March 13,2006 Pretrials will be held on February 22, 2006, (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel pursuant to local Rule 214-1.) No. 2004-6178 Civil Attorney who will try case for the party who files this praecipe: Keith 0, Brenneman, Esquire Trial counsel for other parties if known: Daniel S, Lorenz, pro se and Wendy Lorenz, pro se, This case is ready for trial. Signed: Print Name: Keith 0, Brenneman Attorney for: Plaintiff I/~ Date: January 11,2006 (' c~' ( .i C',) "11 :.::-J --T' JOSEPH A. NAPOLI and DEBRA A, NAPOLI, by their Attorney-in-Fact, JAMES BASSETT, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL S. LORENZ and WENDY LORENZ, Defendants 04-6178 CIVIL TERM PRE-TRIAL SCHEDULEiNG ORDER AND NOW, this 24th day of January, 2006, it is hereby ordered and directed that a Non-Jury Trial in the above captioned case shall take place in Courtroom NO.5 on the 14th day of February, 2006, beginning at 9:00 a,rn, IT IS FURTHER ORDERED and directed that each party in this case shall file with the Court a pretrial memorandum listing the following: 1, Proposed findings of fact intended to be proven at trial. 2, A list of witnesses to be presented with a brief synopsis of their testimony, 3, A complete exhibit list. 4. Any evidentiary problems anticipated along with appropriate case authority, By the Court, M~"~Jc~~ ~ith O. Brenneman, Esquire Attorney for Plaintiffs v6;;;niel Lorenz ,~ndy Lorenz ~ Defendants ~urt Administrator " :1 (~ J ~. ,. :;J JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their: Attorney-In-Fact, JAMES BASSETT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DANIEL S. LORENZ and WENDY LORENZ, Defendants CIVIL ACTION - LAW NO. 2004-6178 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of February, 2006, after trial in this matter, the Court finds in favor of the Plaintiffs, Joseph and Debra Napoli, and their Attorney-In-Fact, James Bassett, and awards judgment in the amount of $13,750.00 for rent and late fees and an additional sum of $2,176.00 for legal fees and court costs. Further, the Court finds that Daniel Lorenz and Wendy Lorenz are jointly and severally obligated for the payment of this judgment. By the Court, ,t M. L. Ebert, Keith O. Brenneman, For the Plaintiffs quire ,) , 15" 0& /'1 . c.~ /'v1A"..(...A..u..J- y6- Daniel S. Lorenz Pro se :lfh ',;) ..:;-.",: ,...., ',i" "-.c. t:") ':::1 .~ " \...-' . , . LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JOSEPH A. NAPOLI and DEBRA A, NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-6178 DANIEL S, LORENZ and WENDY LORENZ, CIVIL ACTION - LAW Defendants PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiffs and against the Defendants, jointly and severally, in the amount of$13,750.00 together with the additional sum of$2,176,00 in accordance with the Court's Order of Court dated February 15, 2006 entered in this matter. SNELBAKER & BRENNEMAN, p, C. By:l~ Keith 0, Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Joseph A. Napoli and Deborah A. Napoli Date: March 20, 2006 .' -- CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Wendy Lorenz 250 Reeser Road Camp Hill, PA 17011 Daniel S. Lorenz 804 Pine Road Carlisle,PA 17013 SNELBAKER & BRENNEMAN, P,C, ( /rw1.--- By: Keith 0, Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Joseph A. Napoli and Debra A, Napoli Date: March 20, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ~ r' '" ;:-! ~ "~.:~ \.,J c;; ~ ~ ,;;r. ., & -. :F,:'-: ~ f ;.;:; rrl:D \ r,,) r' -Drn 0 ~l)Ci \ :n" ~~j\ ~S _..- ,:-j :::2j ~ , .,:-.C) ~ I..D ~jrTl 0 ?~ -< ~~ ~)\.'" )~ ~ ~. .J .,"" c;:, ':'-- '''-0 1\'. "' "',~\ '\J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION JOSEPH A. NAPOLI and DEBRA A. NAPOLI, by their Attorney-In-Fact, JAMES BASSETT, ) Confessed Judgment ) Other Plaintiffs File No. 2004-6178 Amount Due $13 , 750 v. Defendants Interest Atty's Comm $2,176.00 Costs DANIEL S. LORENZ and WENDY LORENZ, TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. IssiJe writ of execution in the above matter to the Sheriff of Cumber land for debt, interest and costs, upon the following described property of the defendant(s) County, Any and all oersonal nronertv of Defendant Danlpl S. 1.on~n7. and/or Wpnny T.nn:~n7. located at 804 pine Road, Carlisle, PA 17013 Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date March 20, 2006 Signature: Print Name: Address: l/l~ Keith O. Brenneman 44 W Main Street Mechanicsburg, PA 17055 Attorney for: Telephone: Supreme Court ID No.: Plaintiffs 717-697-8528 47077 (over) ~ (5=:'>\ ~ ~' ~ S/J V, ,iv--, 0 "" ~ ;:;:::-~ ~ "'- >- c-. ,'~-;:J u'" ~ (r, .\ \/\ ' ':\ - ~-r"' CA ~ \:l , .- d ~ :'~ ~ ~ 1"" ~ :;Xl rllp ,~ \S, N ~nrn " 0 ~,~~ :r 'b -,~. , " '" J"-_' ':\~ r , " ~ ::'"'^:~';'-l \'-' " , '~() "." "(50"\ ..n ~ r -~l , t-, 0 >- , .- "J , ~ ~ .5,:-- :< ~ ~~ t ~ >- -. '^,j --.j\0, v-, , . ,"- \::;~ ~, ',j WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2004-6178 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Joseph A. Napoli and Debra A. Napoli, by their Attorney- In-Fact, James Bassett Plaintiff (s) From Daniel S. Lorenz and Wendy Lorenz (I) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property of Defendant Daniel S. Lorenz and/or Wendy Lorenz located at 804 Pine Road, Carlisle, P A 17013 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accmillt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$I3,750.00 LL$.50 Interest Atty's Corum % $2,176.00 Atty Paid $97.00 Plaintiff Paid Date: March 20, 2006 Due Prothy $1.00 Other Costs (Seal) !2~JI2 Deputy REQUESTING PARTY: Name Keith O. Brenneman, Esq. Address: 44 W. Main Street Mechanicsburg, P A 17055 Attorney for: Plaintiffs Telephone: 717-697-8528 Supreme Court ID No. 47077 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL ~ ~ I=-' LU- II.La .~ 18.00 1.48 .50 1.00 4.40 30.00 20.00 Advance Costs: 150.00 Sheriffs Costs 75.38 74.62 Refunded to Atty on 10/13/06 II'I"/'~ CJ.-, ~~s" s; 4/- Ie -~ ~'._~~ ~C' ,t ~,......- R. Thomas Kline, Sheriff 75.38 q[ :Z d [l HVH qaDI ,V'd ')..lNnOJ UNv'-itl38HOO ;l4'~3HS 3Hl JO 301:J:JO B I:::> ...c:: " - -..1 "';) ,..sO lhIU ~ ""- l1.I.. (ld- (S~ ~ ~)69?~ I~ I f~ .Hi, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2004-6178 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Joseph A. Napoli and Debra A. Napoli, by their Attorney- In-Fact, James Bassett Plaintiff (s) From Daniel S. Lorenz and Wendy Lorenz (1 ) You are directed to levy upon the property of the defendant (s ) and to sell Any and all personal property of Defendant Daniel S. Lorenz and/or Wendy Lorenz located at 804 Pine Road, Carlisle, P A 17013 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$13,750.00 Interest L.L.$.50 Atty's Comm Atty Paid $97.00 Plaintiff Paid Date: March 20, 2006 % $2,176.00 Due Prothy $1.00 Other Costs />/ ~&2 -6 ~~- Prothonotary (Seal) REQUESTING PARTY: Name Keith O. Brenneman, Esq. Address: 44 W. Main Street Mechanicsburg, P A 17055 Attorney for: Plaintiffs Telephone: 717-697-8528 Supreme Court ID No. 47077