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HomeMy WebLinkAbout02-0799C_GWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUOICIAL DISTRICT NOTICE OF APPEAL ,17,0 DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mefltianed bek~ I~ THE C~ LT ~ ~k ~11 ~ ~ ONLY ~n ~is ~ is ~ui~ u~ P~.~JP- ~ ' Il ~11~ ~S CLAI~NT (s~ ~. R,C.P.J,P, NO. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEA$ to the judgment for possession in this case Signa~re of ProtHonotary or Deputy 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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.J.P, No, 1001(7) in action bek)re District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothanotory (Comman Pleas No ~r'~' 70~. ? ~)withintw~nty(20)days'f"r~~f~r~nanprm' N~ne ~ (1) You are notified that a rule is hem~ entemcl upon you to ~ a cemp~aint in ~is af~eal within twenty (20) days after the date of se-vice of this rule upon you by personal service or by certified or registered mail (2) If yeu do not file a complaint within this time, a JUDGMENT OF NON PROS WILL B~ ENTERED AC~INST YOU. H -O D,- . , ., ' COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prqof?,service. MUST BE FILED WITHIN' TEN (10) DAYS AFTER filing the notice of ap. p?al_. Check_ ap?ic~ble,,bo.x.e¢), ". COMMONWEALTH OF PENNSYLVANIA ..... - · COUNTY OF _; SS AFFIDAVIT: I heresy swear Or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No.. (date of service) .... , bpbn the Districf.JbSti-de'designated therein on receipt attached hereto, and upon the appellee, (name~~'- [] by personal service [] by (certified) (registered) mail, sender's ., [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sender's receipt attached hereto. ......... [] by personal service [] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF S!gn.~ture of olf.,'cia! be~ore w~orn a#¢~awt was re, adc · ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CGL~ERI~,.ND Mag Dis[. No.: 09-2-01 DJ Name: Hon. P~U-J~ P. CORRE2LL ^d~ess: 1 COURTHOUSE SQUARE CARLISLE, PA Te~eph .... (717) 240-6564 17013'0000 STACY DEIMLER/DORRELLS NRLY N~W SHP 1445-A TRINDLE RD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~STEFFY, DANA H -q PO BOX 66 ELLIOTTSBURG, PA 17024 VS. DEFENDANT: NAME and ADDRESS ~STACY DEIMLER/DORRELLS NRLY NEW SH~ 1445-A TRINDLE RD CARLISLE, PA 17013 L Docket No.: CV-0000447-01 ~ Date F ed: 11/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~-~ Judgment was against: (Name) entered FOR PLAINTIFF ~TA~Y DRT~T,RW/DOWWRT,T,~ NI~T.¥N~W ~P in the amount of $ 1:44K_00 on: (Date of Judgment) [--~ Defendants are jointly and severally liable. ~ Damages will be assessed on: '--]This case dismissed without prejudice, ~---] Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ ~] Levy is stayed for days or ~] generally stayed. ~ Objection to levy has been filed and hearing will be held: Date: (Date & Time) $ 1,375.00 $. 70.00 Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Time: Certified Judgment Total $ .00 $ .00 $ 1,445.00 Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY I~INGt/~ NO~E OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU 1-17-02 Dat~/~~ ~~ ,:-~ ~ , District, Justice[~ My commission expires first Monday of January, 2006 '% !~ SEA[. ,. ' . % ~: ". _~ · AOPC 315-99 ~"', ..,~,,. "' Dana H. Steffy, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-799 CIVIL TERM Stacey L. Deimler, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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 of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Dana H. Steffy, Plaintiff Stacey L. Deimler, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-799 CIVIL TERM COMPLAINT 1. The Plaintiff is Dana H. Steffy is an adult individual with a current mailing address of P. O. Box 66, Elliottsburg, Perry County, Pennsylvania. 2. The Defendant is Stacey L. Deimler, with a last know address of 1445-A Trindle Road, Carlisle, Cumberland County, Pennsylvania. 3. At all times relevant hereto the Plaintiff was the owner of real estate located at 35 North Hanover Street, in the Borough of Carlisle, Cumberland County, Pennsylvania. 4. On or about October 30, 2000, the Defendant, being the owner of Dorell's Neady New Shop did lease from the Plaintiff the premises located at 35 North Hanover Street, Suite ^, Borough of Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to this arrangement the parties entered into a Commercial Lease with a term from December 1, 2000 through November 31, 2001, at a monthly rental of $550. A copy of the Commercial Lease as executed by the parties is attached hereto and marked as Exhibit A. 6. The Plaintiff did provide the said commercial space to the Defendant and the Defendant did pay the sum of $550 from December 1, 2000 through approximately June 1,20001. 7. For reasons not entirely clear to the Plaintiff the Defendant did indicate that she was no longer able to afford the rent after June 2001, and did fail to pay the rent due and owing on the space from June 2001 until the termination of the lease in November 2001, for a period of five (5) months, for a total loss of $2,750. 8. When the Defendant ultimately removed herself from the premises in October, 2001, the Plaintiff was unable to immediately find another tenant until approximately December, 2001. 9. The Defendant did provide a Secudty Deposit of $550, which Security Deposit was applied to the outstanding rent due and owing from Defendant to Plaintiff, thus leaving a balance due to the Plaintiff in the amount of $2,200. 10. Pursuant to the terms of the Lease, specifically paragraph #12, the Plaintiff is entitled to an Attorney fee of 5% for collection of rent due and owing upon default by the Defendant for a total of Attorney fees of $120. 11. The Plaintiff, at all times relevant hereto, has fully complied with all requirements of the Commemial Lease as the Landlord and the Defendant's breach has caused the Plaintiff to lose the aforementioned sum, the Attorney's fee, as well as the costs of the prosecution of this action. WHEREFORE, for all the above reasons, the Plaintiff, Dana H. Steffy, demands judgment in her favor in the amount of $2,200 plus $120 for attorney's fees, interest from the date of breach, plus the costs of this action. Date Respectfully Submitted ~l~on Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff COMMERCIAL LEASE t-~,t,,.-~ L,7,,./ This Agreelllenl o['l,casc mad~-' Ihis 30th .day ,f 0~.~b~, 2000 A.D.' between' Lessees parties of thc other i}ill'l. ~Vill~t. sst. lh, I]l;ll I}lc said pUlly of thc OIIc piltl, ill consideration of term begioning on thc 1st tlay .f ~em~er 2000 .... and ending on the_ 31$t .day of November 2qO~ .... In Coosideralion of Which thc said scco.d pilll :lgl'CC Ilml IIIc3 xx ill pay to Iht sa d first party lbr the usc of said premises, thc suni of Six _'[ho__~s2~.q~ ~ Hundred ($ 6~600 Dollars and other considcratiun hcrci.a[~cr mentioned pasablc as lbllows: viz, in monthly .............. . ....... tohc$ 550.00 all pm'ty i'cquircs a $)50.~ ~ sec tz'itx dcpos I. Iht sititl second itat-ly }las paid said required security and terminate this lease. The said forfeiture to be efl~cled by giving notice in writing to the Lessee herein or to the person ~harge of the demised premises. Should an execution issue against tile Lessee out of any court, twelve months rent sba t Ihereupon bexomc due and owil~g. I I. In {he event that the premises occupied by the Lessee shall during said term by destroyed by fire, thereby expiration of said notice. In the event, however, thai the said building shall be damaged by fire, but not dos~oyed, th~ tear or by thc acm or omission o~lbc landlord shall be repaired by the Lessee herein. And thc Lessee coronets and aBmes to make said repairs upon five days Itotice Biv~n to him by tho Lessor, mid i¢ he shall neslcc[ to m~c said repairs or comme~lce to m~e the san~e pmmpdy or withim~ ten days allot sald notice as BJvcn him, the ~essor shall have ~e rift to lease. all judB~ncnt and lawful claims cur damaBes or olherwise aBainst sam padies o¢ ibc ~t p~ arls~B from i~ ~e or occupancy o¢ said le~cd premises or thc sidewalk hi [~oR[ and side o~ said premises, ~d will ~sume thc burden ~d o~the usc of misuse o¢ thc premises hereby leased or dm sidewalk in front o¢ lite said premises, or ~y pa~ ~creo~ due to WITNESS ~ D~SSEE ~ ~ / - -- WITNESS ' LESSOR -- ~ Ray "Buz" Wolfe, CRS Broker/Partner WOLFE & SHEARER REALTORS 33 South Pitt Street Carlisle, PA 17013 717.243.1551 800.377.3027 ~ www. wolfeshearer, com William L. Shearer, Jr., CRS Broker/Partner RESIDENTIAL COblMERCIAL APPRAISALS INDUSTRIAL CONSULTING INVESTMENTS Additional Causes for Commercial Lease Richard and Dana Steffy to Stacy Deimler d/b/a Dorell'$ Nearly New Shop 22. 23. 24¸ The Lessee shall have the use of the large display window area located facing North Hanover Street as part of the leased space. The Lessee shall have 50% of the space above overhang on North Hanover Street for signage. The Lessee store logo may be placed on glass of one of the entrance doors in to building. The Lessor to make the following improvements to the lease premises to include a small sink and counter space for a microwave and power for a compact refrigerator as well. VERIFICATION 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. {}4904 relating to unsworn falsification to authorities. Date~ , Dana H. Steffy' "' Y/'C> CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Stacey L. Deimler by depositing same in the United States Mail, first class, postage pre- on the o3-'~ day of ~'"~.~ ,2002, from Carlisle, Pennsylvania, addressed as follows: Stacey L. Deimler 1445-A Trindle Road Carlisle, PA 17103 TI~O LAW OFFICES I~)n Yuro, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff DANA H. STACEY L. STEFFY, Plaintiff DEIMLER, Defendant 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. No Answer required. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-799 CIVIL TERM The terms and conditions of the Lease Agreement speak for themselves. 6. Denied. On the contrary, Defendant paid rent through June 30, 2001. 7. Admitted in part. Denied in part. It is admitted that Defendant stopped paying rent after June 2001. It is denied that Defendant owes rent to Plaintiff. On the contrary, Plaintiff agreed to install central air conditioning in the premises, which was a verbal agreement entered into with the Plaintiff and confirmed by Plaintiff's agent, Wayne Deakin, of Wolfe & Shearer Realtors. Plaintiff breached the Lease by failing to install central air conditioning rendering the premises uninhabitable during the Summer. Further, Plaintiff breached the Lease by entering the leased premises on numerous occasions when Lessee was not present and without notice to the Lessee. Therefore, Plaintiff breached the agreements of the parties and no rent is due and owing. 8. Denied. On the contrary, Defendant vacated the premises on October 3, 2001, on written demand from the Plaintiff. A copy of Plaintiff's demand is attached hereto, made a part and marked Defendant's Exhibit "A". Defendant is not obligated for rent due after she vacated at the insistence of the Plaintiff. By way of further answer, immediately after Defendant vacated the premises, Plaintiff gave occupancy of the premises to another tenant, a business known as "The Bake Shoppe". Therefore, Defendant is not obligated for rent after occupancy of the premises was given to another tenant. 9. Admitted in part. Denied in part. It is admitted that Defendant gave Plaintiff a $550 security deposit and that the Plaintiff has failed to return it to the Defendant. It is denied that the Defendant owes this sum to Plaintiff. The averments of Defendant's Answers to other paragraphs of the Complaint are incorporated herein by reference thereto. 10. No answer required. The provisions of the Lease Agreement speak for themselves. 11. Denied. On the contrary, Defendant is not obligated to the Plaintiff for any sum of money, for the reasons set forth in Defendant's Answer. WHEREFORE, Defendant demands judgment be entered in her favor and against Plaintiff. -2- COUNTERCLAIM 12. The averments of Defendants's Answers to Complaint, Paragraphs 1 through 11, inclusive, are Plaintiff's incorporated herein by reference thereto. 13. Plaintiff is holding Defendant's security deposit in the amount of $550. 14. Plaintiff breached the Lease of the parties by failing to provide central air and by entering the premises when the Defendant was not present and without notice to the Defendant. Therefore, Plaintiff is entitled to a refund of her $550 security deposit. WHEREFORE, Defendant demands judgment be entered in her favor in the amount of $550, together with interest from October 3, 2001, plus the costs of this action. Respectfully submitted, By: yERIFICATION Stacey L. Deimler hereby verifies that the facts set forth in the foregoing Answer and Counterclaim are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. falsifications· C.S. §4904 relating to unsworn /~ DATE: March /9, 2002 -3- P.O. Box66 e Elliottsbur9, PA 17024 Phone (717) 789-2362 Richard and Dana Steffy, Owners/Managers NOTICE OF FORFEITURE OF LEASE To: Lessee of 35 N. Hanover St., Suite A: Sta~ L. Deimler d/b/a Doretrs Nearly New Shop Re: Forfeiture of lease with Dana and Richard Steffy September 2~th, 200 I Per paragraph I 5 of your lease with us, Dana and Rk:hard Steffy, you have forfeited the lease by not paying rent when due. The specific months currently unpaid are July, August and September of 200 I. Also in this paragraph 16, please also note that since you are in breach of contract, you are now a non-tenant, subject to dispossession by us, without further notice. We, as the lessors, may m-enter the premises and dispossess you (which includes your property) at any time. We, the lessors, (although we are not required to give any notice to you after rent is I0 days late) are giving you one week frmn today until Sunday, October 7th, 2001 to remove your property. Ar~ property remaining after that time will be put in storage, at your expense, for you to claim within :30 days. Per paragraph 12 in the lease, I~ entering imo this lease, you confess iudgment for the rent reserved (which is $2,750 for the unpaid and ma~aining months on the lease until Nov. 31, 20OI). You need to contact me at the above address to make payment arrangements for this amount. 11 you fail to do so, we w~ file with the District Justice to get a judgment against you. I am sorry you were unable to fulfill the conditions of the lease and that I now need to take these actions against you. I wish you k~ck in the future. Dana and Richard Stef~ Dana H. Steffy, Plaintiff Stacey L. Deimler, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-799 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please mark the above case satisfied, withdrawn and settled on behalf of the Plaintiff. Date Respectfully Submitted TURO LAW OFFICES Ron Turn, Esquire~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff