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Home My WebLink About13-4188 Supreme Courf'61cRermsylvania CoClt' , ,ommol�.;Pleas For Prothonotary Use Only: f.IVII Cover Sheet Docket No: ?e County 13 - ///!!-& The nI,, ,,t. rn )R,ted wi Ihis 'b", is "red solely for oonrt ad..ousowiort purpose.. This Joan does not supplement or replace the Itling mid cery pleodings or oche, papers is regoirtd by Imr or,111", al anurt_ Commencement of Action: S E] m oplaint El Writ of Summons El Petition ransher from A pother Jurisdiction ❑ Declaration of Taking E TTT C Lead leinti ifs Name: Lead Defendant s Name: T / I la Amount Requested. Dwithk arbitration limits I Are money damages requested?h[�es ❑ No (check ohe) ❑outside arbitration limits O �/ N Is this a Class Action Suit? El Yes IM No Is this an MDJAppeal? XYes ❑ No A Name of Plaintiff, pellant's Attorne) _ _ - Chcck It a.c it sou hace no attorney Iarca Self-Rcpresen red I Pro ScI Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that VOu consider Illost Important. TORT (dr s a inchlde tfaaTarp CONTRACT rdo nor include✓udi mni,w CIVIL APPEALS ❑ Intentional ❑ Buver Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transponation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability (does not inchlde - mws tart) ❑ Employ merit Dispute. E Discrimination ❑ Other: ibel-Defamation ❑ Employment Dispute. Other ❑ Zoning Board C ❑ Other: Other I ❑ Other: -- O MASS TORT ❑ Asbestos N ❑ Tobaco ❑ ToxicTor-DES ❑ Tome Fen-implant REALPROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law Statutory Arbitration ❑ Other: B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment — ❑ Ground Rent ❑ Mandamus ❑ Landlerd/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 11112011 COMMOiNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. r3 - &zA/ 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. NAME OF APPELLANT MAG. DIST.N0�. N�AM I E OF MDJ M.� iZa b &` h &cK l ADDRESS-OF APPELLANT CITY � �� ZIP E a3 _ L�i-. DATE O JUDGMENT IN T EOF(P�intifi) � �I �(y� (Defendant)' n` 33 UJ rj) vs 1'\�Cf.` xk zarN 1 Cd ISP, DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT m s -'Oct 10'Z - L-('-WCX'7 2 - 20)3 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D. No. 1001(6) in action R.C.P.D.J. No. 10086. 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 SUPERSEDERS to the judgment for possession in this case. within twenty .\��' •' , ! ' „ J (20)days after filing the NOTICE of APPEAL. 1� Sign—ature 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��Q -A fts- �C appellee(s),to file a complaint in this appeal flame of appellee(s) (Common Pleas No. �3j�� )within twenty(20)days after service of rule or suffer entry of judgment of non pros. CL AA_ Signature of appellant or atto C-5-9t RULE: To appellee(s) Name bf 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. Date: 7,,&20 1.1'� n 0 3 tJ NV l 4��f� � Signature of Prothonotary o_r_DMty YOU MUST INCLUDE A COP OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. �J 01dLi6�Cc 'tq AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND - Residential Lease Mag. Dist No MDJ-09-1-02 Hurd P. Anstadt MDJ Name: Honorable Elizabeth S. Beckley V. Address: 1901 State Street Scott Spink. Melanie Barry Camp Hill, PA 17011 Telephone'. 717-761-0583 Melanie Barry Docket No MJ-09102-LT-0000072-2013 2315 Page St Case Filed: 7/1/2013 Camp Hill, PA 17011 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09102-LT-0000072-2013 Hurd P.Anstadt Scott Spink Judgment for Plaintiff 07108/2013 MJ-09102-LT-0000072-2013 Hurd P.Anstadt Melanie Barry Judgment for Plaintiff 07/0812013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount HurdP Anstadt $0.00 5000 50.00 Melanie Barry $1,838.13 $0.00 $1,838.13 Scott Spink $1,838.13 $0.00 S1,838.13 Judgment Detail (•POSUUdgmem) In the matter of Hurd P. Anstadt vs. Scott Spink; Melanie Barry on 7/0812013 the judgment was awarded as follows'. The amount of rent per month.as established by the Magisterial District Judge,is$1,700 00 Judament Component JointlSeveral Liability Individual Liability Deposit Applied Announ Filing Fees $131.63 $000 $131.53 Rent In Arrears $1.70650 $000 $1,706.50 Grand Total: $1,838.13 Portion of judgment for phvsical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed:0710912013 8.53.27AM Hurd P. Anstadt Docket No.: MJ-09102-LT-0000072-2013 V Scott Spink, Melanie Barry 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 COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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.HOWEVER,LOW-INCOME Ali SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL 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 JUDGMENT/TRANSCRIPT FORM WITH THE 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. JUL 081013 MIMI ; Data Elizabeth S.Beckley „ canify that this is a true and correct copy of the record of the proceedings containing the judgment Data Magisterial District Judge MDJS 315A Page 2 of 3 Printed 0110912013 8:53 27AM Hurd P. Anstadt Docket No MJ-09102-LT-0000072-2013 v. Scott Spink. Melanie Barry Participant List Plaintiffs) Hurd P.Anstadt 14430 Schofield Road Pon Charlotte, FL 33953 Defendant(s) Melanie Barry 2315 Page St Camp Hill, PA 17011 Scott Spink 2315 Page Street Camp Hill,PA 17011 MDJS 315A Page 3 of 3 Printed:07/09/2013 8:53:27AM �u Nl ejA1jD C cx, rJT`/ IN THE COURT OF COMMON PLEAS , PENNSYLVANIA CIVIL DIVISION c 3 tYl (J c C�anl4 �JP rU L- ,prose zP (your name) 0131 �i ac Q 7 sc CamR it PA IrMll ` (Poll address)70 - (P I .Z - ZCo(�7 (area code and phone�number) 1 Y01 r/7 P. Nn3+0a LA Term 201S (month (year) Plaintiff(s) y vs. (� I Y I��OJLID ! �Offtl C6_ S n i n (_ No. 13 410 Ccu� Defendant(s) . Petition to Proceed In Forma Pauperis and Without Pavment of Bond TO THE HONORABLE,THE JUD ES OF S COURT: Petitioner, (your name) rnP C7 h I 0 Cl M seeks (pleaee print your name leave to proceed in this matter in forma pouperisj•and respectful represents that: 1. 1 am the(indicate plaintiffor defendant) lX in these proceedings. Page 3 of I l Court Termgg 20 andd No. 1 2. 1 reside at(state your full address) cX;) 'Pre q# On (11 0 Qh ooll 3. 1 have listed my sources and amounts of income truly and correctly on the attached affidavit. 4. I have the following average monthly expenses for indicated items: Housing: 1y v700 Insurance: M Utilities:Cabo - ) (? �, dJ Q Transportation: (Gas): � m '� Medical: ZION& (Oil): At61,JE Loans: La060 o�ryp (Electric): Jn2 60 Laundry: AO& ri oc 0, lI(Phone): J,pO, On Child Care: A/Vn/ , Food: J60, OO Child Support - N Clothing: Q l 5. I neither own nor have a uity in anya assets other[lynn the following (state values in dollars): D ruc 6. 1 am unable to pay the costs of these proceedings or to obtain the amount of costs from family or friends. Page 4 of I 1 Court Term 20aud No. WHERFORE, Petitioner prays that he/she be permitted to proceed in this matter in forma pauperis and without the payment of bond. A )asap Petitioner (Print your name) Petitioner (Sign your ram Page 5 of 11 IN THE COURT OF COMMON PLEAS, WB*M COUNTY, PENNSYLVANIA CIVIL DIVISION (Wnmo r, c �.Pro .se '�r (your ame) Adw (full ard7dres ) / / (7 rq b12- - ZIPIL I (area code and phone number) Term 20� (N4undt (Year) Plaintiff(s) V S. n�t ) C.V q l C NO. Defendant(s) Petitioner's Affidavit Pursuant to PA. R.C.P. 240 COMMONVEAL TH OF PENMSYL VANIA pp SS. COUNTYIW * . n6(-ktAAjJ 1. I, 1 1 I Q �Q 1� ` (� am the(Plaintiff) Defendan (circle one) in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. Page 6 of I I 2. 1 am unable to obtain funds from anyone, including my family and associates,to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Q iAddress: 12 I rlU I I (b) EMPLOYMENT lfyou are present em Toyed,state: Employer: 10 ,I 5 Address: I Oulu kba, PA I Salary/Wages -I- Per Month �6 - d : `�_ 1�5 l 1 b(�1� [ Type of Work: If you are presently unemployed, state: Date of last Employment: Ak /yr Salary/Wages Per Month: N610E Typeof Work: NGIUC (c) OTHER INCOME WITHIN THE PAST TWELVE(12)MONTHS (state as dollar amounts) Business or Profession: l/�L (NC Other Self-employment: /Ald A) Page 7ofII Interest: 1Vpb Ne Dividends: I V 8 N� G Pension and Annuities: WOEJ( Social Security Benefits: No MI5, Support Payments: NoNe Disability Payments: N&ri Unemployment Compensation& Supplemental Benefits: /ti/ 6NG Workers' Compensation: / °td t✓C Public Assistance: /Vl')lVr- isY Other: 7"OG.t, S7)�tq?P.5 780.0"/rno (d) OTHER CONTRIBUTIONS TO HOUSEHOLD SUPPORT(state as dollar amounts) (Wife)(I usba ame: &-0IV 032,/7 Ifyour(wife) (friend) is employed,state: Employer: 1)/MlG L 666 t Salary/Wag 3 75 / , k Per Mouth. �,/ Type of Work: Contributions h /aNF From Children: f y Contributions ^. / From Parents: Lt/" Other Contributions: NONE (e) PROPERTY OWNED(state as dollar amounts) Cash: Ala a N Page 8 of I I Checking Account: ,, rC 46 G t Savings Account: y 61V 6 Certificates of Deposit:—A/0/VE Real Estate (Including Home) l6A tv r,,}}��U Motor Vehicle: Make crAGQ 'R0.vn Year 0O Cost:/l/,)7 W Amount Owed: /LInN Stocks& Bonds://GNC Other: /V/bNe (t) DEBTS AND OBLIGATIONS(state as dollar amounts) Mortgage: rr)y1jo/V(- Rent: 1,7L Loans: �, 9/6 Other: AhW F/NF.S —1 &a) (g) PERSONS DEPENDENT UPON YOU FOR SUPPORT (Wife)(Husband)Name: AIM16 / Children, ifany: I'/ 1�., I'F7 )d Age Q � ��iQ to,fI-q Age I JQ,4r Age I Z Age IS ,%jl0r1j10 sl,)Iq k 5 Page 9 of I I Other Persons: / Name: c C , o,// Relationship: gct.1) r F 4. 1 understand that 1 have a continuing obligation to inform the Court of improvement in my financial circumstance which would permit me to pay the costs incurred herein. S. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,relating to unswom falsification to authorities. Dated: ' / b J Melictfi(if 4660,6( Petitioner (Prim your now) 2 Petitia er (Sign your name) Sworn to and subscribed before me this day of , 20. Notary Public Page 10 of I I HURD P. ANSTADT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. MELANIE BARRY, SCOTT SPINK �o Defendant, zz TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTIOPI Melanie Barry and Scott Spink, of 2315 Page Street, Camp Hill, pa 17011, have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and although I do have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court, I cannot in good conscience pay it to the courts to stop the eviction ( I am appealing the amount of the judgment either way), the landlord, or anyone because we are going to need it to find a place to stay. The property for which I live is being condemned tomorrow at 12PM due to the lack of responsibility of my landlord. He refuses to allow an electrician to repair and bring the house up to code standards. ( copy of violation notice sent to him included in my appeal) The safety of my children has been in jeopardy for months and I and Mr. Spink have done everything to try and make this property livable. The landlord was made aware of the electrical issues in March when Mr. Spink was electrocuted by a 220 volt wire in the back yard, and told repeatedly over the next several months, and then again by the borough in June. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I have not paid the rent this month, it was included in the judgment to which with evidence I can provide the court, I do not owe the landlord. My intention was to file an appeal on the notice of possession and the money judgment and make the deposit necessary, however, as I have stated, it would not be in the best interest of my family which consists of myself, my fiance (Scott Spink) and our 6 children considering we are going to be homeless no matter what action I take. If by some chance the landlord would give permission for the electrician to do the work, my fiance and myself are willing to pay for the electrical work, in order to keep the house from being condemned. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. HURD P. ANSTADT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELANIE BARRY AND SCOTT SPINK, DEFENDANTS 13-4188 CIVIL TERM ORDER OF COURT AND NOW, this 7 day of July, 2013, the Petition to Proceed In Forma Pauperis and Without Payment of Bond filed by Melanie Barry is GRANTED. By the Court, Albert H. Masland, J. 'Hurd P. Anstadt 14430 Schofield Road Port Charlotte, FL 33953 ,Melanie Barry, Pro se Scott Spink 2315 Page Street Camp Hill, PA 17011 :sal rn ':'j � ' 0 F F, T4, F P R 0 11X014!0 1i I-, I 2( 1.0 13 JUL 22 PM 12: 24 CUMBER LA140 COU14TY PENNSYLVANIA 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 OIL- -u m--bgd"cl ss AFFIDAVIT: I hereby(swear)(affirm)that I served ❑ a copy of the Notice of Appeal,Common Pleas No.13-q I gu'pon the Magisterial District Judge designated therein on (date of service)7 IQ,20 by personal service ❑ by(certified)(registered)mail, T- sender's receipt attached hereto, and upon the appellee, (name)_, on �� 7 i 22,201,S ❑by personal service❑ X by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND B SU THIS 1�144DAY OF�Ljfy_Zo /TIBED BEFORE ME Signature of official befft who affidavit was made l V Sign tore 0 of a iant 4pgl 41y, 7 2-55 Title of officia7 My commission expires on .20 OxAbeft"d,ft" C&IW,.PA AOPC 312A-05 •• MAI-L,. RECEIPT .. . • .. • . ru ru ti Ln rn Ln m m m C3 �— o o ' m � m m L USA ra _ _�_ a a co CO Postage $ m : m m Certified Fee ru ru nj Postrna* O " M O Retum Receipt Fee D i M O (Endorsement Required} Here M M C3 Restricted Delivery Fee C r 0 O (Endorsement Required) D : .A —0 0 C3 0 Total Postage&Fees O O C3 Sent o (y� rl r-9 o$r trPeaO t Bapc Noo.: y J ........... .i.......r`- f• fi :.:._................. .C(ry,- . .. ZIPr �r rL 5 :r. r .HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA V. MELANIE BARRY AND SCOTT SPINK, = ti tij .'_ DEFENDANTS 13-4188 CIVIL TERM - CD ANSWER TO COMPLAINT 1. Defendants have not given me complete total of expenditures on rental property located at 2315 Page St. Camp Hi 11, PA 17011. 2. Defendants did not produce $1000 in receipts they claimed to have spent on property. 3. Defendants were authorized by me to spend $1000 of$1700 security deposit on property, not more than $2000 in excess of agreed amount. 4. l agreed to deduct from rent $100 for yard debris removal, not an additional $360 for raking yard. S. Lease agreement clearly states tenant is responsible for yard care. 6. Lease agreement clearly states tenant is responsible for paying trash and sewer bills which remain.unpaid after 6 months of living there. 7. Defendants agreed to pay$1700/month rent beginning February 8, 2013. 7. Defendants agreed to pay $1700/month rent beginning February 8, 2013. See Exhibit A. 8. Defendants have paid $0 rent since March 2013. 9. Defendants broke amended lease agreement to pay balance of$1100/month after$600/month deducted from rent to pay for house repairs including $3360 in sewer line repairs until paid in full. 10. Defendants have chosen to disregard our amended payment agreement, even ignoring repeated pleas by me to honor the repair repayment agreement. 11. This resulted in my mortgage company filing paperwork to seek relief from the automatic stay from the bankruptcy court putting my house at risk of repossession. August 6, 2013 Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 VERIFICATION 1, Hurd P. Anstadt, hereby verify that the facts set forth in the forgoing Answer to Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein made are subject to the penalties of 18 Pa C.S.A. 4904, unsworn falsification to authorities. August 6, 2013 Hurd P. Anstadt Statement of Notification On August 6, 2013 1 sent a copy of the Answer to Complaint by certified mail to: Melanie Barry and Scott Spink to the following address: Melanie Barry/Scott Spink 2315 Page Street Camp Hill, PA 17011 August 6, 2013 X161�� Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 fee (7111649 - 9765 C-?r7)76i-7166 - - /112�iysa La�I�er(7+�15C7-o39� Residential Lease .................................................................... .............r; .. _ ................ .................................... Apartment-Condominium-House By this agreement made and entered into on r &e.),4-j 24 I between AV rd P.Aa shad�' herein referred to as Lessor, and_l gg�n�Ivs _ herein referred to as Lessee. Lessor leases to Lessee the premises situatedJK 231 t" PacrQ S± in the City of 4I MP IN It County of Z u State of *,&,m is and more particularly described as follows: together with all appurtenances,for a term of 1 leawto commence on 20_L2=.1 and to.end on at 11'vr9 .m.. . 1.Rent.Lessee agrees to pay,without demand,to Lessor as rent for the demised premises the sum of ihtd ft huAdned Dollars($ 13W. l per month in.advance on the L� day of each calendar month beginning Avow 1 �- :20 /�.at 1�143DSr�pGe1d Pd City of �Or-i' adr/off .State of Mori dd !13q3'_!3__' 345 or at such other place as Lessor may designate. 13.1,4-,0 4hetW 1zaV rf .#8330332.1- 2.Form of Payment.Lessee agrees to pay rent each month:in the form of one personal check,OR one ashier's check,OR one money order made out to .Hurd R ANsLQd4- 3.late Payments.for any.rent payment not paid by.the date due,Lessee shall pay a late fee in the amount of forh� Dollars($YO. Re,1+i,4 14&iF0&f-Ja,d by 4k-Id,0 -Kazrrfa , 4.Returned Checks.If,for any reason,a check used by Lessee to pay Lessor is returned without having been paid, Lessee will pay a charge of •Dollars($ 4o,— )as additional rent AND take whatever ther consequences there might be in making a late payment.After the second time a Lessee's check is retumed;-Lessee must-thereafter secure a.cashier's check or money order for payment of rent 5.Security Deposit.On execution of this lease,Lessee deposits with Lessor -gem Dollars($ O. ),receipt of which is acknowledged by lessor,as security for the faithful performance by Lessee of the terms hereof,to be retumed to Lessee,without interest except where required by law, on the full and faithful performance by him:of the provisions hereof.' 6.Quiet Enjoyment.Lessor covenants that on paying the rent and performing:the covenants herein contained,- Lessee shall peacefully and quietly have,hold,and enjoy-the`demised premises for the agreed term. 7.Use of Premises.The demised premises shall be used and occupied by Lessee exclusively as a private single family residence,and neither thepremises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on'any business,profession,or trade of any kind,or for any purpose other than as a private single family residence.lessee-shall comply with all the sanitary laws,ordinances,rules,and orders.of appropriate governmental authorities affecting the cleanliness,occupancy,and preservation of the demised premises,and the sidewalks connected thereto,during the term of this lease. 8. Number of Occupants.Lessee.agrees that the demised premises shall be occupied by no more than `3 persons,consisting of 3- adults and I childreff under the age of I$ years,without the written consent of Lessor. SPA Page 1 or s �� 0 7005 swaps MWk we 9. Condition of Premises.Lessee stipulates that he'-or she'has examined the dertised premises,including the grounds a'nd all buildings and improvements,and that they are,at the.time of this-lease,in.good order,repair,and a_ safe,dean and tenantable condition. 10.Keys.Lessee will be given oH�C.�key(s)to the.premises and a mailbox'key(s).4'a'l1 keys am i;Wetumed to Lessor following termination of leased N . Dollars($ p. 11.locks.Lessee agrees not to change locks-on any door or:mailbox with©utfirst:obtaining.tessoes.writteri- . permission.Having obtained written permission,Lessee'agrees to'pay.for changing the locks and to provide Lessor with one duplicate key per lock:' 12.lockout.If Lessee becomes'locked out-of the premises'dwr,management's.regular stated business hours, . Lessee will be required to secure a private.locksmith to.regain entry-at Lessee's sole expense. . 13.Parking.Any parking that(nay be.provided is strictly self-park'and is at owner's risk."Parking fees are for a . license to park only.No bailment or bailee custody is intended.Lessoris riot responsible for;nor.does Lessor assume any liability for damages caused by fire,theft,casualtyr or any other;cruse whatsoever with respect to any vehicle or its contents;Snow removal is the responsibility.of the vehicle owner.AAny teinant who-wishes to rent a parking space . or garage must sign a Parking Space or.Garage Rental Agreement. 14:Assignment and Subletting.Without the prior written consent of Lessor,Lessee shall not assign this lease, or sublet or grant any concession or license to use the premise- remises or any-bat thereof~A consent by Lessor to one assignment subletting,concession or license shall-not be-deemed to be a`consent to any subsequent assignment, subletting,concession or license.An assignment subletting,concession,or(lcense with out the prior written consent of Lessor,or an assignment or subletting by operation of law,shall'be void'and.shall,at Lessor's option,terminate -this lease. 15.Alterations and Improvements.Lessee shall make,no alterations to the buildings on the demised premises or construct any building or make other improvements;on the demised premises without prior written consent of Lessor.All alterations,changes,and:improvements buitt,'constr ucted or placed on the demised,premises by Lessee, with the exception of fixtures removable without:damage'to-the pr'emises and innvable personal.property,shall; unless otherwise.provided by written agreement betweeh Lessor and Lessee,be the.prbperty.of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 16.Damage to Premises.if the demised premises,.or any.part thereof,shall be partially damaged by fire or other casualty not due to Lessee'.s.rieg[igence orwillful.act.or thatof his employee,family,agent,or visitor,the premises shall be promptly repaired.byLessor and there.shall.be"ah abatement_of rent corresponding,with the time during which,and the extent to which,the leased-premises may have:been 4ken6r table;but;9 the leased premises should be damaged.other than by Lessee's negligence or willful.act or that ofhis employee,family,agent,or visitor to the extent that Lessor shall dedde riot to_rebulld or repair,the�rri d-this#ease shall end and the'rent shall be prorated up to the time of the damage: 17.Dangerous Materials.Lessee shall not keep or have on the leased.premises any article or thing of a. dangerous,inflammable,or explosive character that might u6reasbnablyincrease-the dangeoof fire on the leased premises or that might be considered hazardous or extra hazardous by-any .insurance company 18.Utilities.Lessee shall be responsible for arranging for.and paying for all utility services required on the premise s,•wcEeat — -salFbe�prcrwi - �ess }PA gages of s wvw.ma�usaan e zoos sovetez Media iu V310d•Rev.O'SW 19.Right of inspection. Lessor and his or her agents shall haveahe rig:- ble;times during the term of this lease and any renewal-thereof to enter the-demW-premises for th Y nspecting the premises and all building and improvements thereon. 20.Maintenance and Repair.Lessee will;at-his sole expesse;,keep and maintain the leased premises and appurtenances in good and sanri�ary condition and`repairduting.the:-tet':ofthWease.and any renewal thereof.in particular,Lessee shall keep the fixtures In the.house or on or about the leased.premises in good order and.repair; keep the furnace clean;keep the electric bells Ind order;keep I' e-walks:free from dirt and debris;and,at his sole expense,shall make all required repairs to the plumbing,range,heating;apparatus,and electric and gas fixtures whenever damage thereto shall have resulted from Lesse6.mist*waAe or neglect or-that of his employee,family, agent or visitor.Major maintenance and repait of the leased premisek not--due to Lessee's misuse,waste,or neglect or that of his employee,family,agent,or ,visitor,shall be the responsibility of Lessor or his assigns.Lessee agrees that no signs shall be placed or painting done on or abaft the-leased premises by Lessee or fat his direction without the prior written consent of Lessor. 21.painting. Lessor reserves the right to determine when the dwelling will be•painted unless there is any law to the contrary. 22:insurance.Lessor has-obtained insurance to cover fire damage to-the--building itself and liability-insurance to cover certain personal injuries occurring as a result of property-defects-or Lessor negligence.Lessors Insurance does not cover I.essee's'possessions or Lessee's negligence.Lessee shall obtain a_lessee's insurance policy to cover damage or loss of personal possessions,as well as losses resu1ting from his'or her negligence. 23.Pets Pets shall not be-allowed without the prior written-consent of the-Lessor.At the time of signing this lease, Lessee shall pay to Lessor,in trust,a deposit of_'hero . Dollars to be held and disbursed for pet damages to t#re Premises(if any)as provided by law. r +nust sign?Pat,Agreement Addendin. 2 boys. 4i9_Qllow'd, Na 06r CW allowed. 24.Display of-Signs.During the last �;o _days of this lease,,Lessor or his or her agent shall have the privilege of displaying the usual "For Sale"or"For Rent"or"Vacancy*signs on the demised premises and of showing the property to prospeNve.purchasers Pr tenants. 25.Rules and Regulations.Lessors existing rules and regulations;if any,shall be signed by Lessee,attached to this agreement and incorporated into it.Lessor may adopt.other rules and.:regulations at a later time provided that he or she has a legitimate purpose,not modify Lessee's rights substantiailyand not become effective without notice of at'least two(2)weeks. = 26.Subordination of Lease.This lease and.Lessee's leasehold.interest hereunder are and shall be subject, subordinate,and inferlor-to any liens or encumbrances-now.or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances,#fie interest payable.on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 27.Holdover by Lessee.Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease,a new month to-month tenancy shall be a*eated between Lessor and Lessee,which shall be subject to all the terms and conditions hereof but shall be terminated on 10. days' written notice served by either Lessor or Lessee on-the other-party. 28.Notice of Intent to Vacate. [This paragraph applies only when this Agreement is or has become a month-to= month Agreement]Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days.Changes may include notices of termination,rent adjustments or other reasonable changes in the terms of this Agreement. hp3ofS .--•---- 020o55oomest,4d�tit 29.Surrender of Premises.At.the expiration-of the lease,t&M,Aessee'shall quit and surrender the premises. hereby demised-in as good state and condit16n:as they''weh Ahe:commencement of this-iease,.reasonable use and wear thereof and damages by the elements excepted. 30.Default.*if anydefault is made in the.paymentl of rent;or an-.part:thereof,at the times hereinbefore specified, - or if any default is made in the performance of or compliance wi6any other term or condition hereof,the•lease;at the option of Lessor;-shall terminate and be forfeited,'and,Lessor.may_re=enter:the premises and remove all persons therefrom.Lessee shall be-given written notice of a y'default or breach;-and termination and forfeiture of the lease shall not result if,.within /6'.' days of receipt of.such notice,Lessee has corrected the default or breach or.has taken.action reasonably likely to effect.such correction withm a reasonable lame..: 31.Abandonment..lf at any time during.tFie term:of this lease Lessee abandons•the-demised-premises.or any part thereof,Lessor may,at his or her option,enter the demised premises by anymeans Without being liable:for any prosecution therefor,and-Without becomirrg.liable to Lessee fof damages*for-anypayment of any kind whatever, and.may,at his-or her discretion,.4 agent for Lessee;re-let the.-tlemised:premises;or-any.part thereof,for the-whole or any part of the then unexpired term,and may receive and-collect all rent payable bj-virtue of such-re-letting,and,at Lessoes option,hold Lessee-liable for any difference between-the rent that would have been payable under this lease during the balance of the unexpired term,if this lease,had.continued in-force,'and•the net rent.for such period realized by Lessor by:means of such re-letting.if Lessoes'right of re-entry is exercised follovuing:abandonment of the premises by.Lessee;•then.lessor may consider any.personal property belonging toaessee and left on the premises to also have been abandoned,in which case lessor maydisposeof all-such personal property in any,manner Lessorshalfdeem. proper and is hereby relieved of all liability for doing so:- 32:Binding.Effect:The'covenants and'conditions herein contained'Ml apply toand.birid the heirs,legal representatives,and assigns of the parties hereto,and-all covenants are-to be construed as conditions of this lease. 33.Radon Gas Disclosure.As required by law,'(l andlord)(Seller)makes the following disclosure:"Radon Gas Js a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings iri.every state:Additional information,regarding radon and radon:testing maybe obtained from your county public health'unit." - . . 34.Lead Paint Disclosure. "Housing built before 1978 may contain lead-based.paint.Lead from paint,.paint chips,and dust can pose health hazards if not managed properly.Lead exposure is especially harmful to young children and.pregnant women:Before renting pre-1978 housing;lessors must disclose the.presence of known lead-based paint and/or lead-based paint hazards in the dwellirig.'Lessees must also receive a federally approved pamphlet on lead poisoning prevention." 35.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..enforce'd;as so limited. X.Other Terms: -im 4 lair I� PLIA .bv ja!SJm. Snow Td OVAL a,id ward 0 s2 b., IeSSeQ Page 4 of 5 awwsovetamm ®200S swam Media.LLC 1F310.1-PAV.oSM i IN WITNESS WHEREOF,the parties have executed this lease the day and year first written above. Lessor: L1eG(l Lessee: Lessor: Lessee: NOTICE:State law establishes rights and obligations for parties to rental agreements.This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state.if you have a question about the interpretation or legality of a provision of this agreement,you may want to seek assistance from a lawyer or other qualified person. HOME ConWym tocet=M W esMboard foraddlOMW farms that may be feedto mtetM q*ft raft a - - P�e5oi5 - i"waca 04" b NJOS 3emsrs M�6a tLt 010-1•P&&Q a HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA V. 4 MELANIE BARRY AND SCOTT SPIN K, DEFENDANTS 13-4188 CIVIL TERM ANSWER TO COMPLAINT 1. Defendants were given a Notice to Quit on June 1, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. 2. Defendants were given 10 Day Notice on June 7, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. 3. Defendants were given new Notice to Quit on July 9, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. 4. 1 filed for eviction at the District Justice because tenants refused to pay rent to allow me to pay mortgage. 5. Plaintiff was awarded judgement for$1838.13 at District Court 09-01-02 for unpaid rent. 6. Scott Spink and I agreed to take $1000 from $1700 security deposit to install bathroom vanity and 2 sheets of drywall in upstairs hall ceiling to finish renovations. 7. Scott Spink and Melanie Barry exceeded authorized expenditure by thousands of dollars. They threw out my oven, range and dishwasher choosing to purchase new stove. Also to install new kitchen countertops and sinks, curtains, and other expenditures at their discretion. 8. Sewer was blocked by 8 people using house and required $3360 in repairs. 9. Instead of moving out Scott Spink and I agreed to allow his Church to pay Drain Doctors for sewer repair which I would reimburse by taking $600/month off of rent until repair bill was repaid. 10. 1 made it clear to Scott Spink that I needed remaining rent of$1100/month to pay the mortgage to avoid losing the house to the mortgage company. 11. Melanie Barry overruled Scott Spink and informed me that she was going to repay the Church back early to get right with God instead of paying me the $1100/month rent so I could pay the mortgage. 12. 1 have received $0 in rent since March 2013. 13. My mortgage company is in the process of seeking relief from the Bankruptcy Court to reposess my house. 14. This house has been in my family for over 40 years and I have spent over $400,000 since I purchased it in 1989, 1 would like to keep it. 15. 1 rented the house to Scott Spink and Melanie Barry to be able to pay the mortgage when I moved to Florida and was not going to live there. 16. Judgement amount does not reflect amended rental agreement to deduct $600/month from original $1700/month until repairs bills were repaid. 17. 1 submit this information to give a better understanding that the tenants chose to live in my house and agreed to pay rent, then without regard for me, decided not to pay rent causing me to be in jeopardy of losing my house. August 15, 2013 Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 Notice to Quit Scott Spink/Melanie Barry June 1,2013 2315 Page Street Camp Hill, PA 17011 Scott/Melanie: According to the terms on your lease,this is your 30 Day Notice terminating the lease for 2315 Page Street, Camp Hill PA 17011. Please leave my house as soon as possible. Do not remove any of my belongings including the things you purchased in lieu of paying rent. Do not damage my house in any way or I will bring the full force of the law against you. 6 ? ee Hurd P.Anstadt 14430 Schofield Road Port Charlotte, FL 33953 (717)761-7166 10 Day Notice Scott Spink, Melanie Barry June 7,2013 2315 Page Street Camp Hill, PA 17011 Scott/Melanie: You are in default in the payment of rent. This is your 10 day notice as described in your lease. Whether you signed it or not does not matter because the verbal agreement is in force. Please pay the rent within 10 days from today,June 7,2013. The back rent you owe is: Balance of March 2013 rent-$600 April 2013 rent-$1700 May 2013 rent-$1700-$4000 balance Credit for expenses if receipts are produced-$2700 Balance-$1300 If you produce the receipts for repairs to the house totaling$2700 like you claim; I will credit you the repairs against the rent.That would make you$1300 behind in rent I agreed that I would reimburse you for your out of pocket expenses to repair the house. I agreed to deduct$600/month off the$1700/month rent until the repair expenses are paid. You are not sticking to your agreement. Please stick to your agreement and pay the rent or you will be evicted. This eviction process takes about 30 days. Please let me know your intentions. Thank you. Hurd P.Anstadt 14430 Schofield Road Port Charlotte, FL 33953 phone(717)761-7166 Notice to Quit Scott Spink/Melanie Barry July 9, 2013 2315 Page Street Camp Hill, PA 17011 Scott/Melanie: According to the terms of your lease, this is your 30 Day Notice terminating the lease for 2315 Page Street, Camp Hill, PA 17011. Please leave my house as soon as possible. Do not remove any of my possessions including the things you bought in lieu of paying rent. Do not damage my house in any way or I will bring the full force of the law against you. P,A�Z#' Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 (717) 761-7166 r Statement of Notification On August 15, 20131 sent a copy of the Answer to Complaint by certified mail to: Melanie Barry and Scott Spink to the following address: Melanie Barry/Scott Spink 2315 Page Street Camp Hill, PA 17011 August 15, 2013 Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 i VERIFICATION F 1, Hurd P. Anstadt, hereby verify that the facts set forth in the forgoing Answer to Complaint are true and correct to the best of my information, knowledge and belief. i understand that false statements herein made are subject to the penalties of 18 Pa C.S.A. 4904, unsworn falsification to authorities. Hurd P. Anstadt August 15, 2013 PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL C= -V:x MW (Must be typewritten and submitted in triplicate) Mni TO THE PROTHONOTARY OF CUMBERLAND COUNTY C:) Please list the following case for a TRIAL WITHOUT A JURY. )>C-) = --------------------------------------------------------------------------— - ------------------ ------------------ C) CAPTION OF CASE jentire caption must be stated in full] (check one) RN Civil Action—Law ❑Appeal from arbitration FJ HURD P.AKSTADT (other) (Plaintiff) No. 13-4188 Civil Term VS. MELANIE BARRY AND SCOTT SPINK (Defendant) VS. Indicate the attorney who will try case for the party who files this praecipe: Hurd P.Anstadt will be representing myself. Indicate trial counsel for other parties if known:, Unknown This case is ready for trial. Signed: Print Name: Hurd P.Anstadt Date: 8/28/13 Attorney for: Hurd P.Anstadt %9R 1 Wr oj HURD P. ANSTADT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. c MELANIE BARRY AND SCOTT SPINK, DEFENDANTS 13-4188 CIVIL TERM MEMORANDUM OPINION AND ORDER OF COURT � x = T` ACz Masland, J., September 2013:-- ux - In this landlord-tenant case, Defendant tenants have appealed the decision of the Magisterial District Judge. In response to the praecipe to file a complaint issued by the Prothonotary, Plaintiff, Hurd P. Anstadt, filed a pro se "Answer to Complaint" on August 9, 2013, and a second "Answer to Complaint" (substantially different in content) on August 19, 2013. Even if the court were to treat one or both of Plaintiff's "Answers" as a bona fide complaint, there are significant defects with both documents. In short, neither document contained a notice to defend pursuant to Pa.R.C.P. No. 1018.1. Nor, is there any indication that the Defendants were properly served pursuant to the rules of service of original process. Further, the documents, while in properly numbered paragraph format, do not set forth a complete timeline of alleged events and participants. Compounding the conundrum is the subsequent filing by Plaintiff on September 4, 2013, of a Praecipe Listing the Case for Non Jury Trial. Not only is the praecipe filed prior to the date within which the Defendants could file an answer to Plaintiff's "complaints," (had they been complaints), but Plaintiff fails to recognize this matter must proceed to arbitration, not a non-jury trial. Regardless, we will give Plaintiff an opportunity for a "do over," pursuant to the following order: . 4 13-4188 CIVIL TERM ORDER OF COURT AND NOW, this ---6 day of September, 2013, both Answers to Complaint filed by the Plaintiff are hereby STRICKEN. Plaintiff shall file a complaint within twenty (20) days of the date of this order which complies with the Pennsylvania Rules of Civil Procedure. By the Court, Albert H. Masland, J. ✓Hurd P. Anstadt 14430 Schofield Road Port Charlotte, FL 33953 -,-, elanie Barry, Pro se Scott Spink 2315 Page Street Camp Hill, PA 17011 :sal Cd P,-,is 9//�el/.3 -2- y HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA V. MELANIE BARRY AND SCOTT SPINK, a Z5 Z5 :7j xM C/) f DEFENDANTS 13-4188 CIVIL TERM ' �, 'M .<> c� C- Fri COMPLAINT -- 1. Defendants were given a Notice to Quit on June 1, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. 2. Defendants were given 10 Day Notice on June 7, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. 3. Defendants were given new Notice to Quit on July 9, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. 4. 1 filed for eviction at the District Justice because tenants refused to pay rent to allow me to pay mortgage. 5. Plaintiff was awarded judgement for $1838.13 at District Court 09-01-02 for unpaid rent. 6. Scott Spink and I agreed to take $1000 from $1700 security deposit to install bathroom vanity and 2 sheets of drywall in upstairs hall ceiling to finish renovations. 7. Scott Spink and Melanie Barry exceeded authorized expenditure by thousands of dollars. They threw out my oven, range and dishwasher choosing to purchase new stove. Also to install new kitchen countertops and sinks, curtains, and other expenditures at their discretion. 8. Sewer was blocked by 8 people using house and required $3360 in repairs. 9. Instead of moving out Scott Spink and I agreed to allow his Church to pay Drain Doctors for sewer repair which I would reimburse by taking $600/month off of rent until repair bill was repaid. 10. 1 made it clear to Scott Spink that I needed remaining rent of$1100/month to pay the mortgage to avoid losing the house to the mortgage company. 11. Melanie Barry overruled Scott Spink and informed me that she was going to repay the Church back early to get right with God instead of paying me the $1100/month rent so I could pay the mortgage. 12. 1 have received $0 in rent since March 2013. 13. My mortgage company is in the process of seeking relief from the Bankruptcy Court to repossess my house. 14. This house has been in my family for over 40 years and I have spent over $400,000 since I purchased it in 1989, 1 would like to keep it. 15. 1 rented the house to Scott Spink and Melanie Barry to be able to pay the mortgage when I moved to Florida and was not going to live there. 16. Judgement amount does not reflect amended rental agreement to deduct $600/month from original $1700/month until repairs bills were repaid. 17. 1 agreed to deduct $100 from the rent for Scott Spink to remove yard debris that I had collected and Scott collected. Then Scott broke that agreement and wanted to charge me an additional $360 for yard cleanup. I did not agree. 18. Melanie Barry and Scott Spink are now wanting to charge me $850 to have the garden cleaned up. The garden cleanup is not necessary according to me and the code enforcement officer Chris Miller. I do not agree to pay it. They can clean it up if they choose by their own efforts. They saw the yard and garden condition before they moved in. In the lease they refused to sign it states the tenants are responsible for maintaining the yard and snow removal. u 19. 1 submit this information to give a better understanding that the tenants chose to live in my house and agreed to pay rent, then without regard for me, decided not to pay rent causing me to be in jeopardy of losing my house. September 18, 2013 Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 HURD P. ANSTADT In the Court of Common Pleas of Cumberland County,Pennsylvania No 13-4188 Civil Term vs ' MELANIE BARRY � Fr'WI SCOTT SPINK -` A - CD r-n PRAECIPE This Praecipe is submitted to remove the complaint dated September 18,2013 from the .docket on the above referenced Civil Case. A new complaint will be sent September 24, 2013. David D.Buell,Prothonotary 20 Attorney Info: Hurd P.Anstadt Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA HURD P. ANSTADT 13-4188 Plaintiff CIVIL TERM vs MELANIE BARRY/SCOTT SPINK ;�,C-Ij Defendant cn 2- a2 5c: NOTICE TO DEFEND "s c.1 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-500-990-9108 717-249-3166 t HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA V. MELANIE BARRY AND SCOTT SPINK, DEFENDANTS 13-4188 CIVIL TERM COMPLAINT 1. Defendants rented a single family residence from Plaintiff on February 8, 2013. See Exhibit A. Scott made a deposit of$2400 which included the first months rent ($1700) and $700 of the security deposit ($1700). 2. Plaintiff made an agreement with Scott Spink that $1000 of the $1700 security deposit would be used to install a bathroom vanity and install 2 sheets of drywall in the upstairs hallway ceiling. 3. Without permission from Plaintiff, the defendants claim to have spent thousands more. Some receipts were produced but others were not. 4. Without permission from Plaintiff, defendants threw out my dishwasher,gas stove and oven. They removed kitchen countertops and sink, and installed new countertops including where the refrigerator should be. They relocated the refrigerator to the dining room, causing necessary repairs and expense. Also potentially damaged the hardwood floors costing a lot of money to repair. S. Subsequently, with 8 people using the house and putting unknown materials down the drains and toilets the sewer line became blocked. 6. Instead of the defendants moving out, Scott Spink, I and Pastor Jim Shambaugh made an agreement to have his church loan the $3360 charged by Drain- Doctors to dig up the sewer line, replace it and install a clean out. Scott, I and Pastor Jim t Shambaugh agreed to repay the church by deducting it from the rent and repaying the church $600/month until sewer repair bill was paid. 7. No receipts have been produced to document that the sewer repair bill has been repaid to the church. 8. 1 entered into the repayment agreement so I would still be able to collect $1100/month to pay the mortgage. In March 2013 Scott made a deposit for $1100 for the monthly rent according to our agreement. 9. Subsequently Melanie Barry broke the agreement. She said she wanted to get right with God instead of paying the rent so I could pay the mortgage. 10. The only reason I rented the house to the defendants was to use the rent to pay the mortgage. 11. 1 was unable to pay the mortgage since April 2013 and my house is now at risk of foreclosure from the bank. 112. 1 have pleaded with defendants numerous times to honor the agreement so I could pay the mortgage and not put my house at risk of foreclosure. 13. 1 have owned this house since 1989 spending over $400,000 during that time and have equity in the house. It has been in my family for 41 years. I would like to keep it. Apparently, by their failure to pay the rent, this means nothing to the defendants. 14. 1 own four houses total. I declared bankruptcy because numerous tenants did not pay the rent (over $40,000 so far) they owed me. I did this in an effort to protect my equity in the properties and to give me enough time to catch up the arrearage and get a new job with more income. My income dropped substantially when I changed jobs in November 2006. 1 was unable to find a good paying job even though I attempted numerous times in many cities in the United States. 15. 1 got a new job in July 2012 going back to work for PooPak International as a manufacturer's representative in Florida. I have worked for PoolPak over 21 e years now. I have been a manufacturer's representative for them for over 18 years and their National Sales Manager for 3 %years ending in November 2006. 16. 1 have received $0 in rent from the defendants since March 2013. 17. Defendants were given a Notice to Quit on June 1, 2013 for property located at 2315 Page St., Camp Hill, PA 17011, See Exhibit B. 18. Defendants were given 10 Day Notice on June 7, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. See Exhibit C. 19. Defendants were given new Notice to Quit on July 9, 2013 for property located at 2315 Page St., Camp Hill, PA 17011. See Exhibit D. 20. 1 filed for eviction at the District Justice because tenants refused to pay rent to allow me to pay the mortgage. 21. Plaintiff was awarded judgement for $1838.13 at District Court 09-01-02 for unpaid rent: 22. 1 am mandated by the Bankruptcy Court to have my houses for sale to help satisfy my debt. The defendants (primarily Melanie Barry) have caused my realtor Cathie Heika from Exit Realty to quit through her uncooperative behavior regarding showings. 23. My realtor also informed me that Melanie told her I was a child molester. Obviously untrue, but very evil. Yesterday, I received a text from Melanie's daughter's friend Apple calling me a "freaking pery". I texted back who was calling me names and she said her name was Apple, a friend of Melanie's daughter and that she had told her about me. This is more proof Melanie is telling evil lies about me. And also I am pressing charges against her with the Camp Hill Police for her verbal assault against me. She texted me twice on August 30, 2013 telling me "fuck you". This is unacceptable tome. On the last showing, we waited over 2 months to get Melanie to allow a showing and as she opened the door she lied to the potential buyers that the house had been condemned. The potential buyers did not buy the house. 4 24. My mortgage company is in the process of seeking relief from the Bankruptcy Court to repossess my house. 25. 1 rented the house to Scott Spink and Melanie Barry to be able to pay the mortgage when I moved to Florida (to start my new job) and was not going to live there. 26. The District Justice judgement amount does not reflect amended rental agreement to deduct $600/month from original $1700/month until repairs bills were repaid. 27. 1 agreed to deduct $100 from the rent for Scott Spink to remove yard debris that I had collected and Scott collected. Then Scott broke that agreement and wanted to charge me an additional $360 for yard cleanup. I did not agree. 28. Melanie Barry and Scott Spink are now wanting to charge me $850 to have the garden cleaned up. The garden cleanup is not necessary according to me and the code enforcement officer Chris Miller. I do not agree to pay it. They can clean it up if they choose by their own efforts. They saw the yard and garden condition before they moved in. Scott chose to clean up the yard to his satisfaction even though the code enforcement officer made it clear he only required the yard debris be removed. In the lease they refused to sign it states the tenants are responsible for maintaining the yard and snow removal. 29. 1 submit this information to give a better understanding that the tenants chose to live in my house and agreed to pay rent, then without regard for me, decided not to pay rent causing me to be in jeopardy of losing my house. 23. 1 am asking the Court give me a judgement for the rent money they have refused to pay since March 2013. 31. 1 am asking the Court to enforce my Notice to Quit and remove the Stay of Eviction. I want to evict the defendants because they refuse to cooperate. 32. 1 am asking the court to recognize my Notice To Quit dated June 1, 2013.The defendants have no lease and are Tenants at Suffrage. 33. 1 am asking the Court to recognize my legal right to raise the rent to $3400/month according to my 15 Day Notice to the defendants dated August 17, 2013. See Exhibit E. 34. The total money owed is April-August rent (5 x $1700) + September rent($3400) + Security Deposit shortfall ($1000) + trash bill February-September ($116.95) + sewer bill February-September ($642.55) = $13,659.64. Charges will continue to accrue the longer the defendants refuse to leave. 35. If the Defendants document the money spent that I authorized I will agree to reduce the money owed by that amount. 36. Melanie Barry has already stated that if/when she loses this appeal, she will appeal it again. The defendants apparently have no intention of paying the money they owe. My house may be lost to the bank as they take advantage of the system and continue to squat in my house. September 24, 2013 Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 Statement of Notification On September 24, 20131 sent a copy of the Notice To Defend and the Complaint by certified mail to: Melanie Barry and Scott Spink to the following address: Melanie Barry/Scott Spink 2315 Page Street Camp Hill, PA 17011 September 24, 2013 ---�p add-- Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 VERIFICA7-I0Iv 1, Hurd p, Anstadt, hereby verify that the facts set forth ' Answer to Complaint are true n the for o. e and correct to the g Ong knowledge and belief. best Of MY information, I understand that false scat Pa C.S.A. 4904 ements herein unsworn falsification to made are authorities. subject to the penalties of 18 - Hurd P. Anstadt September 24, 2013 `79' " 4. (`j1))ff2.- 67 . urr . f71� -76i-7166 Ri :................ ................ ............................ Apartment—Condominium—House By this agreement ade and entered into on &6r.. � $ 2o. between kujqd A&Aad± herein referred to as Lessor, - and p -.herein referred to as Lessee: Lessor leases to Lessee.the premise'situated at:- in the City . Of Carne lei j( ' County of State of P c��sT 1v M l a and-more particularly described as follows: together with.all appurtenances,fora term of 1 *ur&,to commence-.on a 20 13. . and to end on �1ia�i� ,gi .20/3 . at f ; o'clock :m:' 9.Rent. Lessee agrees to pay,without demand,to lessor as rent for the demised premises the surd;gf ev" A AM Dollars-($.17000;`' );per month.in:advance on the iS�' day of each calendar month beginning re6rva .aQ?ly3Q 5rkafiaw City of -0.4 alar oRy— State of l —95g3-1 :or at such other place as Lessor. may designate. Mef., GkCt' ctcco ri --A -3 2.Form of Payment. lessee agrees to pay rent ea rrlonth in ahe form of one personal check,.OR one cashier's check,OR one money order made out to l'yr 1» ,ANA d i4 3.Late Pa ments.for any rent payment not paid by the date due, lessee shall pay a late fee in the amount of off. - Dollars($ old.-'�' ). 'Qsl t5 /41a i4—,00 i vl` ,Won#, 4.Returned Checks.If,for any reason,a check used by lessee to pay.Lessor is returned without having been paid, Lessee will pay a charge of o� Dollars($ y�� as additional rent AND take whatever oth r consequences there mightbe in-making a late payment.After the second time a lessee's check is returned,Lessee must thereafter secure a:cashier's beck or moneyorder for payment of rent. S.Security Deposit.On execution of this lease,Lessee deposits with.Lessor + ✓,rd,�2A . Dollars-($ floc.,` ),feceipt of which:is acknowledged by lessor,as security for the faithful performance by Lessee of the terms hereof,to be returned to Lessee,without interest,:except where required by lava, on the-fuli.and faithfuhperformance-by him ofthe provisions:hereof.. 6.Quiet Enjoyment: Lessor covenants that on paying the.ren an d.performingahe covenants herein contained,: lessee"shall peacefully and quietly have,hole,and enjoy the demised premises for the agreed term. . 7..Use of Premises,The demised premises shall'be used and occupied by lessee exclusively as a;private single, family residence,and neither the.premises nor any part thereof shall be used,at array time'during the term of this lease by Lessee for the purpose of carryin-g on any business;pfofess�on,or trade of any kirid;or for any purpose,: :. other than as a private single-family residence:Lessee shall comply with all the sanitary laws,ordinances, "rules,and orders of appropriate governmental authorities affecting`the.cleanliness,,occupancy,and preservation`of the demised premises,and the sidewalks connected thereto;during the term of this lease:` 8. Number of Occupants.Lessee agrees that the demised premises shall be occupied by no more than R� persons,consisting of- 2. adults and b children under the age of 1A years,-without the written cansent of Lessor.Page of 5 FA ld-A t . ,�,. m I omassocamhieftue-. U310.1•Rev.05M 9. Condition-of Premises. lessee stipulates that he or she has examined the demised premises,including the grounds and all buildings and improvements,and that they are,at the time of this lease,in good order,repair,and a safe,clean and tenantable condition. 10.Keys. lessee will be given keys)to the premises and G mailbox key(s).If all keys are not returned to Lessor following termination of lease,Lessee shall be charged A A Dollars($ 11.Locks.Lessee agrees not to change locks on any door or'mailbox without first obtaining lessor's written ' permission.Having obtained written permission, Lessee agrees to pay for changing the locks and to provide Lessor with one duplicate key per lock. 12.Lockout.If lessee becomes locked-out of the premises after management's regular stated business hours, Lessee will be required to secure-a private locksmith to regain entry at Lessee's sole expense. 13.Parking.Any parking that may be provided is strictly self-park and is at owner's risk.Parking fees are for a license to park only.No bailment or bailee custody is intended.Lessor is not responsible for,not does Lessor assume any liability for damages caused by fire,theft,casualty or any other cause whatsoever with respect to any vehicle or its contents.Snow removal is the responsibility of the vehicle owner.Any tenant who wishes to rent a parking space or garage must sign a Parking Space or Garage Rental Agreement. 14.Assignment and Subletting.Without the prior written consent of lessor,Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof.A consent by Lessor to one assignment,subletting,concession or license shall not be deemed to be a consent to any subsequent assignment, subletting,concession or license.An assignment,subletting,concession,or license without the prior written consent of lessor,or an assignment or subletting by operation of law,shall be void and shall,at Lessor's option,terminate this lease. 15.Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor.All alterations,changes,and improvements built,constructed,or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property,shall, unless otherwise provided by written agreement between Lessor and Lessee,be the property of Lessor and remain on the.demised premises at the expiration or sooner termination of this lease. 16.Damage to Premises. If the demised premises,or any part thereof,shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee,family,agent,or visitor,the premises shall be promptly repaired by Lessor and there shall-be an abatement of rent corresponding with the time during which,and the extent to which,the leased premises may have been untenantable;but if the leased premises should be damaged other than by lessee's negligence or willful act or that of his employee,family,agent,or visitor to the extent that Lessor shall decide not to rebuild or repair;the-term:of this.lease shall-end and the rent shall be prorated up to the time of the damage. 17.Dangerous Materials. Lessee shall not.keep or have on the leased premises any article or thing of a . dangerous,inflammable,or explosive character that might unreasonably-increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 18.Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises emeept i sW-be-ereAde"y- tesseF Pap 2of5 ,ANW ap,,, O 2M Sovues Luft uC L810•1•Rev 0904 19.Right of Inspection.Lessor and his or her agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to.enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. 20.Maintenance and Repair.Lessee will,at his sole expense,keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof.In particular,Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean;keep the electric bells in order,keep the walks free from dirt and debris,and,at his sole expense,shall make all required repairs to the plumbing,range,heating,apparatus,and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse,waste,or neglect or that of his employee,family, agent or visitor. Major maintenance and repair of the leased premises,not due to Lessee's misuse,waste,or neglect or that of his employee,family,agent,or visitor,shall be the responsibility of Lessor or his assigns.Lessee agrees that no signs shall be placed or painting done on or about the leased.premises by Lessee or at his direction without the prior written consent of lessor. 21. Painting. Lessor reserves the right to determine when the dwelling will be painted unless there is any law to the contrary. 22.Insurance. Lessor has obtained insurance to cover fire damage to the building itself and liability insurance to ..cover certain personal injuries occurring as-a result of property defects or Lessor negligence.Lessor's insurance does not cover Lessee's possessions or Lessee's negligence.Lessee shall obtain a Lessee's insurance policy to cover damage or loss of personal possessions,as well as losses resulting from his or her negligence. 23.Pets.Pets shall not be allowed without the prior written consent of the Lessor.At the time of signing this lease, Lessee shall pay to Lessor,in trust,a deposit of Dollars to be held and disbursed for pet.damages to the Premises(if any)as provided by law. This deposit is in addition to any other security deposit stated in this lease.Any Lessee who wishes to keep a pet in the rented unit must sign a Pet Agreement Addendum. 24.Display of Signs.During the last days of this lease,Lessor or his or her agent shall have the privilege of displaying the usual "For Sale"or"For Rent"or"Vacancy"signs on the demised premises and of showing the property to prospective purchasers or tenants. 25.Rules and Regulations.Lessor's existing rules and regulations,if any,shall be signed by Lessee,attached to - this agreement and incorporated into it.Lessor may adopt other rules and regulations at a later time provided that he-or she has a legitimate purpose,not modify Lessee's rights substantially and not become effective without notice of at least two(2)weeks. 26.Subordination of Lease.This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate,and inferior to any liens or encumbrances now or hereafter placed on the.demised premises by Lessor, a all advances made under any such liens or encumbrances,the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 27.Holdover by Lessee.Should Lessee remain in possession of the demised premises with the consent of lessor after the'natural expiration of this lease,a new month-to tenancy shall.be created between Lessor and Lessee,which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days' written notice served by either Lessor or lessee on the other party. 28.Notice of Intent to Vacate.[This paragraph applies only when this Agreement is or has become a month-to- month Agreement]Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days.Changes may include notices of termination,rent adjustments or other reasonable changes in the terms of this Agreement. P Page 3 61`5, WWWAOOVKCO n O zoos soaates Media.LLC LF310.1•Rev.05104 29.Surrender of Premises.At the expiration of the lease term,Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease,reasonable u_se and wear thereof and damages by the elements excepted. 30.Default.If any default is made.in the payment of rent,or any part the at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof,the lease,at the option of Lessor,shall terminate and be forfeited,and Lessor rri*re-enter the premises and remove all persons therefrom.Lessee shall be given Mitten notice of any default or breach,and termination and forfeiture of the lease shall not result if,within 10 days of receipt of such nonce,lessee has corrected the default or breach or has taken action reasonably likely to ect such correction within a.reasonable time. 31.Abandonment.lf.at any time during the term of this lease Lessee abandons the demised premises or any part thereof,Lessor may,at his or her option,enter the demised premises by any means without being liable for any. prosecution therefor,and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may,at his or her discretion,as agent for lessee,re-let the demised.premises,or any part thereof,for the whole or any part of the then unexpired term,and may receive and collect all rent payable by virtue of such re-letting,and,at Lessor's option,hold Lessee liable for any difference between�the rent that would have been payable under this lease during the balance of the unexpired term,if this lease had continued in force,and the net rent for such period realized by Lessor by means of such re-letting.If lessor's right of re-entry-is exercised following abandonment of the:premises by lessee,then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned;in which case Lessor may dispose of all such personal property in any manner lessor shall deem proper and is hereby relieved of all liability for doing so. 32. Binding Effect.The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives,and assigns of the parties hereto,and all covenants are to be construed as conditions of this lease. 33.Radon Gas Disclosure.As required by law,(Landlord)(Seller)makes the following-disclosure:"Radon Gas is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in every state.Additional information regarding radon and radon testing may be obtained from your county public health unit." 34.Lead Paint Disclosure. "Housing built before 1978 may.contain lead-based paint.Lead from paint,paint chips,and dust can pose health hazards if not managed properly.Lead exposure is especially harmful to young. children and pregnant women. Before renting pre-1978 housing,lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.lessees must also receive a federally approved pamphlet on lead poisoning prevention. " 35.5everability. 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. 36.Other Terms: -- -a.54 add sP.Wgr kd s Cya;--1 6 le_3.me. removia I 17Ad VdA Cem /mss 94. i,:� lade 1 �lr,� DQtGI b.; S oI=�utGi 4f 01A Page 4 of 5 vmw oaamaom O 2005 Soam Medea.LLC LF310.1.Rev.051 4 IN WITNESS WHEREOF,the parties have executed this lease the day and.year first written above. Lessor: - E� �!- lessee Lessor: Lessee: NOTICE:State law establishes rights and obligations for parties to rental.agreements.This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state.If you have a question about the interpretation or legality of a provision of this agreement,you may want to seek assistance from a lawyer or other qualified person. NOTICE:Contact your local county real estate board for additional forms that maybe required to meet your spedfic-needs. Page s of s WWW_VMtesc0m ©2005 Swates Mefiia.LLC M10-1•Rv.OSI04 Notice to Quit Scott SpinktMelanie Barry June 1,2013 2315 Page Street Camp Hill, PA 17011 Scott/Melanie: According to the terms on your lease,this is your 30 Day Notice terminating the lease for 2315 Page Street, Camp Hill PA 17011. Please leave my house as soon as possible. Do not remove any of my belongings including the things you purchased in lieu of paying rent. Do not damage my house in any way or I will bring the full force of'the law against you. Hurd P.Anstadt 14430 Schofield Road Port Charlotte, FL 33953 (717)761-7166 10 Day Notice Scott Spink, Melanie Barry June 7, 2013 2315 Page Street Camp Hill, PA 17011 Scott/Melanie: You are in default in the payment of rent. This is your 10 day notice as described in your lease. Whether you signed it or not does not matter because the verbal agreement is in force. Please pay the rent within 10 days from today,June 7, 2013. The back rent you owe is: Balance of.March 2013 rent-$600 April 2013 rent-$1700 May 2013 rent-$1700-$4000 balance Credit for expenses if receipts are produced-$2700 Balance-$1300 If you produce the receipts for repairs to the house totaling$2700 like you claim; I will credit you the repairs against the rent.That would make you$1300 behind in rent I agreed that I would reimburse you for your out of pocket expenses to repair the house. I agreed to deduct$600/month off the$1700/month rent until the repair expenses are paid. You are not sticking to your agreement. Please stick to your agreement and pay the rent or you will be evicted. This eviction process takes about 30 days. Please let me know your intentions. Thank you. Hurd P.Anstadt 14430 Schofield Road Port Charlotte, FL 33953 phone(717)761-7166 i Notice to Quit Scott Spink/Melanie Barry July 9, 2013 2315 Page Street Camp Hill, PA 17011. Scott/Melanie: According to the terms of your lease, this is your 30 Day Notice terminating the lease for 2315 Page Street, Camp Hill, PA 17011. Please leave my house as soon as possible. Do not remove any of my possessions including the things you bought in lieu of paying rent. Do not damage my house in any way or I will bring the full force of the law against you. Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 (717) 761--7166 15 Day Notice Scott Spink/Melanie Barry August 17, 2013 2315 Page Street Camp Hill, PA 17011 Scott/Melanie: Your lease expired July 1, 2013. This is your 15 CW Notice advising you the rent will increase to $3400/month beginning September1,2013. If you do not agree to this; please leave my house as soon as possible. You can pay me or the court the balance of the rent. Do not remove any of my possessions including the things you bought in lieu of paying rent. Do not damage my house in any way or I will bring the full force of the law against you. Hurd P. Anstadt 14444 Schofield Rd. EXA1k4- Port Charlotte, FL 33953 (717) 761-7166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA HURD P. ANSTADT • Plaintiff • 13-4188 NO. CIVIL TERM VS • 3 MELANIE BARRY AND SCOTT SPINK: _0 , Defendant v ter- O RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in;t#'i following form: p C, zr :' THE PETITION FOR APPOINTMENT OF ARBITRATORS ' ••• TO THE HONORABLE,THE JUDGES OF SAID COURT: Hurd P. Anstadt , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: I. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$$13,659.64 The counterclaim of the defendant in the action is Receipts are needed to document The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, .-17,11,44189 au/12e- ORDER OF COURT - /4ge !. AND NOW, , 20 , in consideration of the foregoing petition, Esq.,and Esq.,and Esq.,are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court, KEVIN A.HESS,P.J. fd8.60 PA Ply �2* 4910 407 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA HURD P. ANSTADT • • Plaintiff • 13-4188 NO. CIVIL TERM VS • • im , MELANIE BARRY AND SCOTT SPINK: rn , /1"11:_- 9 Defendant -° -0 nr, Tor- co ` ' RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in i © --4 = , following form: p , --- THE PETITION FOR APPOINTMENT OF ARBITRATORS crt TO THE HONORABLE,THE JUDGES OF SAID COURT: Hurd P. Anstadt , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is$$13,659.64 The counterclaim of the defendant in the action is Receipts are needed to document The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, • Pa4Y/Ze--- ORDER OF COURT l �'� l diZeat- AND NOW, (�J,e till h , 20/.? , in consideration of the foregoing petition, /_ _..! i!._ Ji%i Esq.,and , ., :::;;.��,� _- Esq.,are appointed arbitrators in the above I ..S 43tioW action(or actions)(prayed for. . i �rr, By the Court, ''"y 47 -t�4 C-3 /�J► !Z1 al) t u rd P r►ST KEVIN A.HESS, 50 Po PLF ✓/Y e 1Q vt r`e Barry/5,e45/1 j' &lag r;,,,� k*4910 4207 ( p acs Ata ,/�,c/ /O17//3 HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA: vs. : CIVIL ACTION — LAW : NO. 13-4188 CIVIL MELANIE A. BARRY, • Defendant • ORDER AND NOW, this 7 day of October, 2013, the appointment of Lorie Taylor, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Todd Truntz, Esquire, is appointed in her place. BY THE COURT, Kevin T`Hess, P. J. /'Stephanie Chertok, Esquire Chairman Court Administrator — fI*ccL, J :rim Car t'es 01,kt,Icr_C to i7A3 HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY PENNSYLVANIA • V. MELANIE BARRY AND .• • SCOTT SPINK DEFENDANTS 13-4188 CIVIL TERM CP rc -c, MOTION AND NOW comes the Plaintiff, Hurd P. Anstadt, and respectfully moves this Honorable Court to grant permission for Hurd P. Anstadt to attend the Arbitration Hearing for the above referenced civil case by telephone. And in support thereof avers as follows. 1. The Arbitration Hearing is scheduled for November 15, 2013 at 10:00 a.m. 2. Hurd P. Anstadt lives and works in Port Charlotte, Florida. 3. Travelling to Carlisle, Pennsylvania would create an undue hardship. Respectfully submitted, November 29, 2013 Hurd P. Anstadt 14444 Schofield Rd. Port Charlotte, FL 33953 HURD P. ANSTADT, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • CIVIL ACTION—LAW MELANIE BARRY and SCOTT : 13-'41f38 SPINK, • Defendants • IN RE: MOTION ORDER AND NOW, this 9� day of November, 2013,the Motion by Hurd P. Anstadt to attend the Arbitration Hearing by telephone is DENIED. BY THE COURT, . nott, Kevin Hess, P. J. /Hurd P. Anstadt r7 14444 Schofield Road 3 —r Port Charlotte, FL 33953 zm Q m;'' r V. Melanie Barry co CD Scott Spink 2315 Page Street Camp Hill, PA 17011 -fi r Z. /. Stephanie Chertok, Esquire Chairman, Board of Arbitrators :r1m eCp; .`/rid life//3 i 1 HURD P. ANSTADT, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-1488 CIVIL MELANIE BARRY and SCOTT : SPINK, Defendants • IN RE: MOTION ORDER .r. r'orktbacl a hd 4ordy Lao,4ou5e I CovrikouSe-5fotUe, Girl�sl� PA 1"404,O13 F• /700 fia • / 1 ? Z'515 Pale- 51\ Camp 111 i-PA t�o11 '. .a illt L7J .` � �_�'.��-. .,r..- ''sue^,.��$-h ;?" ,'�.?5�^� .'�. ..�.�'r., ...i + �=r. T. - •�-�: Hurd Anstadt Plaintiff V. Scott Spink/Melanie Barry Defendants : IN THE COURT OF COMMON PLEAS : PLEAS OF COMBERLAND COUNTY : 13 -4188 Civil Term MOTION FOR CONTINUANCE An arbitration hearing was set for March 7, 2014 at 10:OOam. It is not possible for us to be at the hearing on this date. 1 am submitting a request of the court to grant me a continuance due to the following reasons. Mr. Spink has a surgery at the same time as the hearing. We waited six months for this appointment. We have tried unsuccessfully to reschedule and have been denied telling us that to wait it would be another six months till the procedure could be performed. 2. Due to the fact that this is arbitration and all of our evidence and witnesses need to attend, several of our witnesses could not be present. Our case will only be able to be proven with our witnesses, otherwise it will be a case based on he said/ she said and would not be a fair case. Sol kindly ask the court to please grant us a continuance based on that Mr. Spink will be in surgery and our witnesses cannot attend. 1 would further like to inform the court, that I presented my need for possible rescheduling upon receiving said date, the arbitrator was not only rude and hung up on me, 1 was told that 1 needed to file this when and if needed, it confused me considering Mr. Anstadt was granted a continuance for the last hearing that was scheduled and we were prepared for and did not file a continuance, he made a phone call. 1 swear the facts set forth in this motion are honest and true to the best of my knowledge. Melanie A. Barry L' gaAR}6 ions+ ak-L P cfLuvii F=6 04- Melayus piSes-a(Ofts C) rcts. r O C a- L 1E a; I " A4-1--0- Plaintiff It/1€ I 4-SCA5f lAk. Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 13 - SS' Civil Action —Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wit d ia-na Na_ Address s4- ›it( E BEletel Name d ).14K 3m/el F3'64. Law Firm Li So HAAbtiates 6+4 Address )o13 C A 7 0 (3 Siznature TU +95 Name Law Firm 35- Os 1 Address P 1 City, Zip City, Zip • City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ev* )PL24 i4) rysi411.A.A) Pla; dy t 13,7N, (4 • Date of Hearing: Date of Award: 3 — -A.rbitratorT dissents:- insert name-if applicable.) Notice of Entry- of Award Now. the , day of pia rat 20 Le . at /a:,,20 P .M., the above award was entered unon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S qile.s7) Prothonotary By: Deputy Lfl THE PROTHONOTAITT ' 2114 MAR -7 PM 12; 20 CUMBERLAND )ES 4 /ftl-d44;€ aarry 5404 4;edi 14- P. +5/L2c41 etp-As ma„, Ye/ 01- HURD P. ANSTADT, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA V. MELANIE BARRY AND SCOTT SPINK, DEFENDANTS ; 13-4188 CIVIL TERM PRAECIPE FOR JUDGEMENT OF AWARD OF ARBITRATORS TO THE PROTHONOTARY: Please enter judgement by default in favor of the Plaintiff and against the Defendants, Melanie Barry and Scott Spink, in the Award for Plaintiff in the amount of $13,784.64. Hurd P. Anstadt 2315 Page St. Camp Hill, PA 17011 r-. ilto.so P PisiF 0,ASA g! a$13.53 14Of P4 ail