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Home My WebLink About13-5836 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13 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. NO. N; OF MDJ P, AY,Ko,OD C!. G 2Fl rvDU AJ 3K- p4,Yb �-o 7 - 3 - o,' a c •��tr /�/�� /u�`r�✓ ADDRESS OF APPELLANT CITY STATE ZIP CODE goo t yC d4e Psi 0oY3 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 9` LZ - 1 RA-(-#.,b C. a4-1,bod Jn vs 13 t2 /h , 1 0- gl Sf,9 U �'y1ruC2 DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT M -i - oQ 36,$ -cV - 0660112.0 260 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 ! V I N V A"� S N N 3 d { f �} Signature of Prothonotary or Deputy � p }� YOU MUST INCLUDE A COPY O�T-Ht N 1q -0P3104MENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 ! J 1(t _ a i : ,4 Lets �- �-g 4 rsy COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -05 Raymond C Grandon Jr. MDJ Name: Honorable Mark Martin V. Address: 507 North York Street Brittany Varner Miller, Alyssa Varner Miller Mechanicsburg, PA 17055 Telephone: 717- 766 -4575 Raymond C Grandon Jr. Docket No: MJ- 09305 -CV- 0000120 -2013 300 Hummel Avenue Case Filed: 7/19/2013 Lemoyne, PA 17043 Disposition Details Disposition Summary _.. Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09305 -CV- 0000120 -2013 Raymond C Grandon Jr. Brittany Varner Miller Judgment for Defendant 09/1212013 MJ- 09305 -CV- 0000120 -2013 Raymond C Grandon Jr. Alyssa Varner Miller Judgment for Defendant 09/12/2013 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1 � 4414 Date Magisterial District Judge Mark Martin , I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 09/12/2013 10:21:50AM Raymond C Grandon Jr. Docket No.: MJ- 09305 -CV- 0000120 -2013 V. Brittany Varner Miller, Alyssa Varner Miller Participant List Plaintiff(s) Raymond C Grandon Jr. 300 Hummel Avenue Lemoyne, PA 17043 Defendant(s) Alyssa Varner Miller 131 Old Schoolhouse Lane Mechanicsburg, PA 17055 Brittany Varner Miller 131 Old Schoolhouse Lane Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed: 09/12/2013 10:21:50AM CIE PRO NVTA tt 23!30C123 AM 10: Li 0 JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley CUMBERLAND COUNTY I.D. No. 204265 PENNSYLVANIA 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 13-5836 Civil • BRITTANY VARNER MILLER and • CIVIL ACTION — LAW ALYSSA VARNER MILLER, • Defendants • JURY OF 12 PERSONS DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By: 7L ,1 , Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 22, 2013 Counsel for Plaintiff 587342 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 22, 2013: Brittany Varner Miller 131 Old School House Lane Mechanicsburg, PA 17055 Alyssa Varner Miller 131 Old School House Lane Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: L E . Mich le E. Neff, Legal e1retary to Matthew Ridley, Esquire y 0R3-1130N01 Ai\ rtiT 3 OCI 23 tO: 41 JOHNSON, DUFFIE, STEWART&WEIDNER (✓ � � Attorneys for Plaintiff By: Matthew Ridley ASO I.D. No. 204265 PE.1a14sYLVA A4k 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.corn RAYMOND C. GRANDON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 13-5836 Civil BRITTANY VARNER MILLER and • CIVIL ACTION — LAW ALYSSA VARNER MILLER, • Defendants • JURY OF 12 PERSONS DEMANDED PROOF OF SERVICE AND NOW, this 22nd day of October, 2013, the undersigned does hereby certify that on October 22, 2013, the Notice of Appeal filed in the above-captioned action was served upon Defendants, Brittany Varner Miller and Alyssa Varner Miller, by Robert A. Dash, Owner/Investigator, Dash Investigative Services. The Defendants were served at 131 Old School House Lane, Mechanicsburg, PA 17055. The Affidavit of Service is attached hereto as Exhibit A and Exhibit B. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Matt ew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 22, 2013 Counsel for Plaintiff 587328 • PROOF OF SERVICE SERVED DATE PLACE Brittany Varner Miller Oct. 22, 2013 131 Old School House Lane. Mech. , PA 17055 SERVED ON GRIN`NAME) MANNER OF SERVICE Personal SERVED @Y PRINT NAMED— TITLE Robert A. Dash P.I. DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on Oct. 22, 2013 /_i G� Date SIdATURE OF SERVER 3861 Sarayo Circle, Hbg. , PA 17110 ADDRESS OF SERVER EXHIBIT A PROOF OF SERVICE SERVED DATE PLACE Alyssa Varner Miller Oct. 22, 2013 131 Old School House Ln. Mech. , PA 17055 1 , SERVED ON(PRINT NAME) MANNER OF SERVICE Personal Served by Robert A. Dash SERVED BY(PRINT NAME) TITLE Served on by Brittany Varner Miller through Sister, Brittany V. Miller DECLARATION OF SERVER t declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on Oct. 22, 2013 Data GNATUR£OF SERVER 3861 Sarayo Circle, Hbg. ,PA 17110 ADDRESS OF SERVER EXHIBIT B CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Proof of Service has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 22, 2013: Brittany Varner Miller 131 Old School House Lane Mechanicsburg, PA 17055 Alyssa Varner Miller 131 Old School House Lane Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER y. Miche a E. Neff, Legal S retary to Matthew Ridley, Esquire t i t JOHNSON, DUFFIE, STEWART&WEIDNER r Attorneys for Plaintiff By Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.corn RAYMOND C. GRANDON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 13-5836 Civil BRITTANY VARNER MILLER and • CIVIL ACTION — LAW • ALYSSA VARNER MILLER, Defendants • JURY OF 12 PERSONS DEMANDED 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 or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una Comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion comp se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictago en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Si USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINIA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 13-5836 Civil BRITTANY VARNER MILLER and • CIVIL ACTION — LAW • ALYSSA VARNER MILLER, Defendants • JURY OF 12 PERSONS DEMANDED COMPLAINT AND NOW comes the Plaintiff, Raymond C. Grandon, Jr., by and through his attorneys, Johnson, Duffie, Stewart &Weidner, who respectfully aver as follows: 1. Plaintiff is an adult individual residing at 300 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Brittany Varner Miller, is an adult individual residing at 16 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Alyssa Varner Miller, is an adult individual residing at 16 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Plaintiff is the owner of certain real property consisting of an apartment, located at 1625 Gray Drive, Unit 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On or about March 26, 2013, Plaintiff and Defendants entered into a Residential Lease regarding the property. (See the Lease, attached as Exhibit A.) 6. For the reasons more fully set forth below, on July 19, 2013, Plaintiff filed a Civil Complaint before the Magisterial District Justice Mark Martin at MDJ-09-3-05, regarding this matter, alleging Plaintiffs damaged the leased premises, and seeking judgment in the amount of$3,308. 7. On or about August 15, 2013, Plaintiff filed an Amended Civil Complaint, seeking judgment in the amount of $4,388. 8. On September 12, 2013, in Plaintiffs absence, Judge Martin ruled in favor of the Defendants. 9. On October 8, 2013, pursuant to Pa.R.Civ.P.D.J. 1002, Plaintiff filed a timely Notice of Appeal with the Court of Common Pleas of Cumberland County. 10. Plaintiff now files this Complaint pursuant to Pa.R.Civ.P.Dist.J. 1004. 11. According to the Lease, Defendants stipulated that at the time of the Lease's signing that the leased premises were in good order, repair, and in a safe, clean and tenantable condition. (See Exhibit A, pg. 7.) 12. The Lease permitted no more than four persons, consisting of two adults and two children, to occupy the premises. (See Exhibit A, pg. 6.) 13. The Lease required the Defendants to professionally clean the carpets upon ultimately vacating the premises. (See Exhibit A, pg. 7.) 14. The Lease required the Defendants to keep and maintain the leased premises and appurtenances in good and sanitary condition and repair. (See Exhibit A, pg. 13, 27.) 15. Pursuant to the Lease, the Defendants agreed they would keep no animals on or about the leased premises. (See Exhibit A, pg. 14.) 16. The Lease gave Plaintiff and his agents the right to enter the leased premises for the purpose of inspecting it. (See Exhibit A, pg. 15.) 17. Pursuant to the Lease, the Defendants were required when surrendering the premises, to have the premises in as good a state and condition, aside from reasonable use and wear, as they were at the commencement of the Lease. (See Exhibit A, pg. 18.) 18. Additionally, upon surrendering the premises, the Defendants were to do so with: a. No damage to the unit, or appliances, beyond fair wear and tear. Dirt is NOT fair wear and tear. b. The entire unit, including the range, exhaust fan, refrigerator, bathrooms, closets and cabinets must be clean. The refrigerator must be defrosted. The wall to wall carpet must be professionally cleaned and receipt for payment turned in to the Owner. If there is no receipt, owner will have them cleaned and deduct the expense from the security deposit. c. No stickers, scratches or holes in the walls. d. All burned out light bulbs must be replaced. e. No indentations in the wood or resilient flooring, formica or appliances. f. All keys must be returned, and the unit condition checklist must be completed with the Owner/Agent and signed by all parties. g. All debris, rubbish and discards must be placed in proper rubbish containers. (See Lease at pg. 26.) 19. According to the Lease, in the event that the tenant(s) violated the terms of the Lease, Plaintiff was entitled to: a. File for a lawsuit for money and/or file to take possession of the Property against the Tenant. b. Include in the lawsuit against Tenant all the legal fees, filing fees, and the reasonable costs of the Landlord and/or Landlord's Agent, including a re-renting fee (equal to one month's rent), any advertising costs or other expenses that may be necessary to re- rent the unit. c. Include in the lawsuit against Tenant all rents and charges unpaid, and for rents and charges for the rest of the Lease Term, and for the cost of any physical damages to the Property. d. Keep Tenant's Security Deposit, other deposits, any interest due, and any advance rents prepaid, if unpaid rents, charges, fees, and/or damages are equal to or exceed their total. (See Lease at pg. 19D.) 20. In response to the complaints of other tenants, Plaintiff exercised his right of inspection pursuant to the Lease, and found that Plaintiffs had more people living in the unit than permitted under the Lease, that Plaintiffs were not keeping the unit in good and sanitary condition as required by the Lease, and Plaintiffs were harboring a cat in the unit in violation of the Lease. 21. Plaintiff gave Defendants written notice of default on June 19, 2013, citing the violations of the Lease now set forth in paragraph 10 of the Complaint, and demanded that Plaintiffs vacate in 10 days. (See Exhibit B.) 22. Plaintiffs vacated the premises on or about June 29, 2013, and left it in a state of disrepair with, including but not limited to, soiled and/or damaged carpets, walls, counters and other surfaces; trash and personal property strewn about the premises; damaged and dirty window blinds and appliances; and personal property such as a television, desk, vacuum cleaner, couches, chairs, tables, and a mattress left on the property. 23. In acting as set forth above, Defendants violated the Lease in the following manner: a. Upon vacating the property, Defendants failed to leave the premises in good order, repair and a safe, clean and tenantable condition; b. Upon vacating the property, Defendants failed to have the carpets professionally cleaned; c. Defendants failed to keep and maintain the leased premises and appurtenances in good and sanitary condition and repair; d. Defendants failed to leave the premises in as good a state and condition, aside from reasonable use and wear, as it was at the commencement of the Lease; e. Defendants kept a cat on the premises; and f. Defendants had more than the permitted number of people residing in the unit. 24. As a result of Defendants' breach, Plaintiff sustained damages related to cleanup, repairs and the re-letting of the unit in the amount of$4,388. 25. As a result of Defendants' breach, Plaintiff incurred expenses including $162.50 in MDJ filing fees and $103.50 for the cost of the Notice of Appeal, and will incur attorneys' fees in this matter. WHEREFORE, Plaintiff prays this Honorable Court entered judgment against Defendants, Brittany Varner Miller and Alyssa Varner Miller, and in favor of Plaintiff in the amount of $4,654.00, including interest, fees and Plaintiffs costs of suit, including Plaintiff's attorney fees and such other relief as the Court may deem proper. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ric , Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 28, 2013 Counsel for Plaintiff 587861 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Matthew Ridley, Esquire, states that he is an attorney for the party filing the foregoing COMPLAINT and that he makes this affidavit as an attorney, because the verification of the party he represents could not be obtained within the time allowed for filing the pleading; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Matthew Ridley, Esquire Attorney for Plaintiff Date: October Zg 2013 587957 • EXHIBIT A Apartment - Condominium - House RESIDENTIAL LEASE BY THIS AGREEMENT made and entered into on March 26, 2013 between Raymond C. Grandon, Jr. herein referred to as Lessor, Brittany Varner-Miller and Alyssa Varner-Miller, equally and severally referred to as Lessees. Lessor leases to Lessees the premises situated at#12 Gray Drive, Mechanicsburg, PA and more particularly described as follows: 3 bedroom townhouse situated at#12 Gray Drive, Mechanicsburg, PA 17055, together with all appurtenances for a term of one (1) year and to commence on April 1, 2013 and to end on March 31, 2013. PARTIES TO LEASE AGREEMENT: Tenant: Name: Brittany Varner-Miller Cell# 717-329-5782 Name: Alyssa Varner-Miller Cell# 717-884-2825 Owner: Name: Raymond C. Grandon, Jr. Work# 730-9493 1. Security Deposit. On execution of this Lease, Lessee deposits with Lessor One Thousand Dollars and 00/100 ($1000.00) receipt 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, on the full and faithful performance by them of the provisions hereof. The security deposit may not be used as the last month's rent. 1 2. Rent. Lessee agrees to pay without demand to Lessor as rent for the demised premises the sum of Ten Thousand Two Hundred Dollars ($10,200.00). To be paid in the amount of Eight Hundred Fifty Dollars and 00/100 ($850.00) per month on or before the first day of each calendar month beginning on April 1, 2013 to 300 Hummel Avenue, Lemoyne, PA 17043 or at such other place as Lessor may designate. Postmarks are not an acceptance of timely payments. 1. Late Charges. ALL rental payments are due ON or BEFORE the FIRST of the month. They MUST be in our possession (postmarks are not acceptable) by the first (1st). Rents not received by the first (1St) will be charged a Late Fee of Ten Percent (10%). Rents not received by the fifth(5th) of the month will be charged an additional penalty of Fifty Dollars($50.00). A. There will be a$25.00 Service Charge for any checks returned by the bank. B. Returned checks will also trigger penalty and late fees. 4. 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. 1 5. 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 any time during the term of this Lease by Lessee for the 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. 6. Number of Residents. Lessee agrees that the demised premises shall be occupied by no more than 4 person(s), consisting of: 2 Adults, 2 Children. Initial: f vk. Lessee Lessee A resident by definition is one who resides in a particular place permanently or for an extended period. If you have a guest who will be residing for an extended period, you must notify our office and we will have an addendum added to the Lease to provide for this person. There may be an additional fee for the extra person. 7. Condition of Premises. Lessee stipulates that they have examined the demised premises, including the grounds and all buildings and improvements and that they, at the time of this Lease, are in good order, repair and a safe, clean and tenantable condition. All carpets must be professionally cleaned upon vacating. Unit Condition Checklist must be completed, signed, dated and will become part of this agreement. 8. Assignments 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. 9. 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 moveable 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. 10. 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 their 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 Lessee's premises may have been untenatable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of this 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. 11. Dangerous Materials. Lessee shall not keep or have on the leased premises any dangerous, flammable, 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. 2 12. Utilities and Services. Lessee shall be responsible for arranging and paying for all utility services required for their unit. It is the Lessee's tenant's responsibility to keep all utilities required by this lease turned on. In the event of damage to the property due to turned off utilities regardless of reason, the Lessee will be charged for repairs to the property. Sewer and trash are included. 13. Maintenance and Repair. Lessee will, at their 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 furnace clean, keep all utility bills current, keep the walks free from dirt and debris and at their sole expense, shall make all required repairs to the plumbing, range, heating apparatus, and electric fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of their employee, family, agent, or visitor. Any repairs that result in a charge up to Fifty Dollars and 00/100 ($50.00) will be the responsibility of the Lessee. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of their employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Property being rented in as is condition. 14. Animals. Lessee shall keep no domestic or other animals on or about the Leased premises. No exceptions. This means at anytime; NO visits, NO overnight stays, permanent or temporary. Violation of this condition will result in immediate termination of this lease with remaining amount of lease due as well as no refund of security deposit and replacement costs for carpet. Initial: "t-' Lessee Lessee 15. Right of Inspection. Lessor and his 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. 16. Display of Signs. During the last 60 days of this Lease, Lessor or his agent shall have the privilege of displaying the usual "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 17. Holdover by Lessee. Should Lessee remain in possession of the demised premises, with the consent of Lessor after the natural expiration of this Lease, an automatic month to month lease tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof, but shall be terminated on sixty days written notice served by either Lessor or Lessee on the other party. 18. 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 use and wear thereof and damages by the elements accepted. 19. Default. If any default is made in the payment of rent, or any part thereof, at the times herein before 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 may re-enter the premises and remove all persons and/or personal belongings of the Lessee therefrom. Lessee shall be given written notice of any default or breach and termination and forfeiture of the Lease shall not result if, within ten (10) days of receipt of such notice, Lessee has corrected the default or breach. If a default has occurred at any time during the term of the Lease, then the Lessee loses any automatic right to renew. 3 A. Tenant breaks this Lease if: (1) Tenant does not pay rent or other charges. (2) Tenant leaves Property permanently before the end of this Lease. (3) Tenant does not move out when supposed to. (4) Tenant fails to obey any of the terms agreed to in this Lease. B. Non-Payment of Rent: If Tenant breaches Lease by not paying rent or other charges, Landlord must give Tenant TEN DAYS written notice describing the amount Tenant owes for rent and /or other charges, prior to filing a lawsuit. This means that if Tenant has not paid all balances due before the eleventh day after Landlord has given Tenant the written notice, Landlord can file a lawsuit for a money judgment against Tenant, evict the Tenant, and/or take back possession of the property. C. Other Lease Violations: If Tenant breaches any other term of this Lease, Landlord must give Tenant written notice describing the violation and give Tenant TEN DAYS to correct the problem. If Tenant does not correct the problem before the eleventh day after the Landlord has given Tenant the written notice, Landlord can file a lawsuit to evict the Tenant and/or take back possession of the property. D. If Tenant Breaks the Lease, Landlord may: (1) File for a lawsuit for money and/or file to take possession of the Property against the Tenant. (2) Include in the lawsuit against Tenant all the legal fees, filing fees, and the reasonable costs of the Landlord and/or Landlord's Agent, including a re- renting fee (equal to one month's rent), any advertising costs or other expenses that my be necessary to re-rent the unit. (3) Include in the lawsuit against Tenant all rents and charges unpaid, and for rents and charges for the rest of the Lease Term, and for the cost of any physical damages to the Property. (4) Keep Tenant's Security Deposit, other deposits, any interest due, and any advance rents prepaid, if unpaid rents, charges, fees, and/or damages are equal to or exceed their total. 20.Abandonment. lf, at any time during the term of this Lease, Lessee abandons the demised premises or any part thereof, Lessor may, at his option enter the demised premises by any means without being liable for any prosecution therefore and without becoming liable to Lessee for damages or for any payment of any kind whatsoever, and may at his discretion as agent for Lessee relet 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 reletting, and at Lessors 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 such means of such reletting. If Lessor's right of re- entry is exercised following abandonment of the premises to also have been abandoned, in which case, Lessor may dispose of all such personal property in any manner Lessor shall deem property and is hereby relieved of all liability for doing so. 21. 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. 4 22. Other Terms: • NO portable or kerosene heaters are permitted. • All Borough/Township and Community Association ordinances must be adhered to; any violations or fines will be the sole responsibility of the Lessee. • No loud or boisterous behavior as to disturb others. • No smoking inside the premise. 23. Inventory. See Unit Condition Checklist. 24. Liability. Lessee agrees that Lessor or Agent shall not be liable for property damage or personal injury occurring in the townhouse, condominium or apartment unit, or elsewhere, on Lessors property, unless the damage or injury results from Lessors negligence. The Lessee agrees to indemnify the Lessor against all claims arising from the negligence, fault of misconduct of the Lessee, including payment for reasonable attorney fees incurred in the defense of such a claim. LESSEE is required to maintain a Renter's Insurance Policy with a Three Hundred Thousand Dollar ($300,000) minimum Liability. Said insurance must be in effect at the time of signing the Lease. A binder faxed to our office at 717-730-9593 will suffice as proof of coverage. The property locations must be listed on the policy and the owner, Raymond C. Grandon, Jr. must be named as Additional Insured on the policy. 25. Telephone. A current phone number for both work and home for each party must be furnished to Lessor as soon as available. Failure to do so constitutes violation of Lease. 26. End of Lease Agreement. Upon termination of this Lease, the Lessee is required to provide a written 60 day notice to the Lessor at 300 Hummel Avenue, Lemoyne, PA 17043 or at such other place as Lessor may designate. It is required that a forwarding address be left in writing with the Lessor at the termination of this Lease. If this is not provided when the premises are vacated, then the security deposit will be forfeited. The lessee shall surrender the unit to the Owner in compliance with the following: a. No damage to the unit, or appliances, beyond fair wear and tear. Dirt is NOT fair wear and tear. b. The entire unit, including the range, exhaust fan, refrigerator, bathrooms, closets and cabinets must be clean. The refrigerator must be defrosted. The wall to wall carpet must be professionally cleaned and receipt for payment turned in to the Owner. If there is no receipt, owner will have them cleaned and deduct the expense from the security deposit. c. No stickers, scratches or holes in the walls. d. All burned out light bulbs must be replaced. e. No indentations in the wood or resilient flooring, formica or appliances. f. All keys must be returned, and the unit condition checklist must be completed with the Owner/Agent and signed by all parties. g. All debris, rubbish and discards must be placed in proper rubbish containers. 5 27. Additional Policies. A. Resident shall NOT CHANGE LOCKS or install additional locks, chains or other fasteners without prior written consent from the Owner. B. Absolutely NO WATERBEDS are allowed in the units. C. Resident shall keep the unit in good and sanitary condition. Clothing, rugs or other articles shall not be hung, dried or cleaned anywhere outside the unit. D. Motorcycles shall be kept only in assigned vehicle parking space, not on the porch, sidewalks or lawns or inside. E. Resident shall not park any vehicle of any kind on the property unless the vehicle is currently licensed, in running condition, and regularly used by the resident. Resident agrees that the Owner may tow away any vehicle parking in violation of this regulation at the Resident's expense. Resident shall not use the property for repair or disjoinment of any vehicle. F. Walks, entryways, halls, stairwells, shall be used only for access to and from the unit. Shall not be used for children's playing areas, and shall be kept clear of bicycles, toys, waste receptacles and other articles at all times. IN WITNESS WHEREOF, the parties have executed this Lease on March 26, 2013, the day and year first above written. ;ft Lessee, Britt ' rner-Miller Date Lessee, Alyssa Varner-Miller Date Lessor,Raymond C. Grandon, Jr. Date ujtN L5J?? (3 Hess, Tina Wright Date 6 Checklist 1. Lease. Lessee must read Lease, Initial Item#6 and Item #14, and sign. One copy to be given to Lessee. 2. Addendum. Lessee(s) and Lessor/Agent sign Unit Condition Checklist. / One copy to be given to the Lessee. 3. Insurance. Proof of Renter's Insurance Policy including the following: a) Property Location listed on the Policy b) $300,000 minimum Liability c) Raymond C. Grandon, Jr. must be named as additional insured i:../ 4. Security Deposit and Rent. Checks made payable to Raymond Grandon, Jr. Security Deposit $ 1,000.00 First Month's Rent $ 850.00 V 5. Driver's License. Make copy of license for the file. 3 - z'- 1.3 Lessor Date NOTE: Checklist must be completed before keys are released. 7 EXHIBIT B Raymond C. Grandon, Jr. Properties CIO Managing Partners Insurance 300 Hummel Avenue Lemoyne, PA 17043 Telephone: (717) 730-9493 Fax: (717) 730-9593 June 19,2013 Brittany Varner-Miller Alyssa Varner-Miller 12 Gray Drive Mechanicsburg,PA 17055 Dear Ms. Varner-Miller: Upon inspection today,there are several items that are violation of your lease agreement. 1) There are more people living in the unit than per your Lease Agreement Section#6. 2) The property is in violation of#27 D—Unit is not being kept in good and sanitory condition. 3) Section#14 clearly states and was initialed that under no circumstances would pets be allowed in the unit. There is currently a cat in the unit. Under the Lease Agreement#19 Default, you are being given 10 days to vacate the premise and are not entitled to receive your Security Deposit. In addition,you will be charged for any damages to the unit. The unit must be cleaned and the carpets professionally cleaned per the lease agreement. - Sincerely, Raymond C. Crandon Jr. Property Owner • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 28, 2013: Brittany Varner Miller Alyssa Varner Miller 16 Laurel Drive Mechanicsburg, PA 17055 Brittany Varner Miller Alyssa Varner Miller Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: atthew Ridley, Esquire Supreme Coi tof Pennsylvania Court of Cornmop Pleas For Prothonotary Use Only: Cell.Cpver Sheet Docket No: Cuty BLAMO County /3 - sZ3136 wry _ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: N'D. 1/4Q?e°►t S El Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E c Lead Plaintiff's Name: Lead Defendant's Name: Raymond C. Grandon, Jr. Brittany Varner Miller T Dollar Amount Requested: 13 within arbitration limits I Are money damages requested? DI Yes 0 No (check one) ['outside arbitration limits O N Is this a Class Action Suit? 0 Yes I3 No Is this an MDJ Appeal? El Yes 0 No A Name of Plaintiff/Appellant's Attorney: Matthew Ridley 0 Cheek here if you have no attorries (are a Self Repre anted ih'r„o `et 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 you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS O Intentional 0 Buyer Plaintiff Administrative Agencies O Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment O Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance A Dept.of Transportation O Premises Liability Statutory Appeal:Other S 0 Product Liability (does not include mass tort) 0 Employment Dispute: I+ Discrimination D Slander/Libel/Defamation Other: C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT O Asbestos N 0 Tobacco O Toxic Tort-DES O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS O Toxic Waste Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 0 Eminent Domain/Condemnation 0 Declaratory Judgment O Ground Rent Di Mandamus 13 Landlord/Tenant Dispute 0 Non-Domestic Relations O Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto O Dental 0 Partition 0 Replevin O Legal 0 Quiet Title 0 Other: O Medical 0 Other: O Other Professional: Updated 1/1/2011 RAYMOND C. GRANDON,JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • • NO. 13-5836 Civil r- _ BRITTANY VARNER MILLER and • - =; ;r ALYSSA VARNER MILLER, • CIVIL ACTION— LA _ -n Defendants '• PETITION FOR APPOINTMENT OF ARBITRATORS —0 TO THE HONORABLE,THE JUDGES OF SAID COURT: c..) E cr Matthew Ridley,Esquire,counsel for the plaintiff in the above action(or actions),respectful represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $4,654.00, plus interest,fees and plaintiffs costs of suit, including attorney's fees. Judgment against the Defendants has been entered as to liability only. The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Matthew Ridley, Esquire and affiliates of the firm of Johnson, Duffle, Stewart &Weidner, P.C.. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON, DUFFIE,STEWART&WEIDNER Date: lb fig By: Matthew Ridley, Esquire Attorney I.D.No. 204265 301 Market Street �7g545 PQ P.O. Box 1o9 �( Lemoyne, PA 17043-0109 �# 4014.1 Telephone(717)761-4540 . bp)3$ Counsel for Plaintiff ORDER OF COURT AND NOW, , 2014,in consideration of the foregoing petition: ,Esq., ,Esq.,and , Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Court, P.J. vilis, FEB 24 I1 v JOHNSON, DUFFIE, STEWART&WEIDNERt r Attorneys for Plaintiff By: Matthew Ridley 7�'-i�( t'�l"1 COU�11-y I.D. No. 204265 PLPNSYL'rAINI�j 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION — LAW ALYSSA VARNER MILLER, Defendants JURY OF 12 PERSONS DEMANDED PROOF OF SERVICE AND NOW, this 21s' day of February 2014, the undersigned does hereby certify that on October 28 2013, the Complaint in the above-captioned action was served upon Defendants, Brittany Varner Miller and Alyssa Varner Miller, by First Class U.S. Mail at their address as shown in the magisterial district judge records, 16 Laurel Drive, Mechanicsburg, Pennsylvania 17055, pursuant to Pa.R.C.P.D.J. 1005, entitled "Service of Notice of Appeal and Other Papers," which mandates in relevant part: The party filing a complaint under Rule 1004 shall forthwith serve it upon the opposite party in the appeal by leaving a copy for or mailing a copy to him at his address as shown in the magisterial district judge records mentioned in subdivision A of this rule . . . . Pa.R.C.P.D.J. 1005(D). The undersigned further certifies that on October 28, 2013 the Complaint was also served upon Defendants, Brittany Varner Miller and Alyssa Varner Miller, by First Class U.S. Mail at Thayer Dental Laboratory, Inc., 131 Old School House Lane, Mechanicsburg, PA 17055, which is the address at which Defendants accepted personal service of the Notice of Appeal as certified in the Proof of Service filed on October 23, 2013. True and correct copies of the letters serving the Complaint are attached hereto as Exhibit A. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: February 21, 2014 Counsel for Plaintiff 607402 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Proof of Service has been duly served upon the following Defendants, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 21, 2014: Brittany Varner Miller, Defendant Alyssa Varner Miller, Defendant Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 Brittany Varner Miller, Defendant Alyssa Varner Miller, Defendant 16 Laurel Drive Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: /1,-- /l ' Matthew Ridley, Esquire P� o� �¢ O.- C'j,'Ica &J,041 tygL- �zK�syl��w� �. .JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION — LAW ALYSSA VARNER MILLER, Defendants PRAECIPE FOR DEFAULT JUDGMENT FOR LIABILITY ONLY TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 1037(b)(1), please enter judgment by default for liability only, damages to be assessed at arbitration, in favor of the Plaintiff, Raymond C. Grandon, Jr., and against the Defendants, Brittany Varner Miller and Alyssa Varner Miller, by reason of the failure of the Defendants to enter an appearance or to file an Answer within twenty (20) days of the date of service of the Complaint endorsed with a Notice to Defend. I hereby certify that written Notice of Intention to File this Praecipe was mailed to the Defendants, Brittany Varner Miller and Alyssa Varner Miller, at their last known residence at 16 Laurel Drive, Mechanicsburg, PA 17055, on January 28, 2014, and mailed to the Defendants at Brittany Varner Miller's place of employment, Thayer Dental Laboratory Inc., 131 Old School House Lane, Mechanicsburg, PA 17055. Proof of the date of mailing the Notice by way of Post Office Form 3817 Certificates of Mailing are attached hereto as Exhibit "A" which reveal the date, names of the Defendants, and the addressees. Notice was mailed after the default .Sb p�t� occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the Notice of Intention to File, along with the transmittal letters, are attached hereto as Exhibit "B". Affidavits of Non-Military Service are attached hereto as Exhibit "C". Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER BY: �L Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street — P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Plaintiff Date: February 18, 2014 605736 2 a � 114 N N rD R US.POSTAL SERVICE - CERTIFICATE OF MAILING " e ?A Matt Ridley, Esq. ®; �- iwd From: A a son, Duffie, Stewart & weidn 3 Market Street CD CD a N 2014 yne, PA 17043 V S P 5 s of gdWwv nuil addr*uW fn: N CD . Brittany Varner Miller w t C)�-sse�-�JT;r=.e x--P4311 2r u, 1® 131 Old School House Lane Mechanic,sJDurg, RA 17055 MAY BE USED FOR DOMESTIC AM INIE111111111ATIOIIAC MAIL.OM WrPROVIDE FOR INWRANCE —POSTWAE7tA PS FORINA M Ar Irre M 5817 Q U.S.Government Printing Offices 489-224 CD U.S.PWAL BMRVICE N CERTIFICATE OF MAILING f a CO 8.cW,,,dFr.n: Matt Ridley, Esq. L A W 0 F F I C E S joxNsoN po M ARKET sT 4 .. LEM IN '`��" �� DUFFIE 1743-0�� ons of ordkwv nnB,dA„ud Im I + N Ms. Brittany Varner'--. 11 .4 AiTSM t-=770117111 16� tj s v ?/ is K) `>co # Mechanicsbur:;, PA 17055 01 Io MAY 8E UM FOR DONUM NO WFaWN"ML YAR, FOR WOURAIIf:E —faf78TMR1iTtR PS POW MAY IM U17 4U .OovernfiMflrPdnftOfIke:4W2U EXHIBIT A EXHIBIT B JERRY R. DUFFIE BARRIE B.GEHRLF.IN RICHARD W.STEWART ANTHONY T.LUCIDO EDMUND G.MYERS L A W O F F I C E S CAROLYN B,MCCLAIN DAVID W.DELUCE JOHN A.LUCY JOHN A.STATLER JQMSON ULYSSES S.WILSON JEFFREY B.RETTIG JULIA A.MORRISON NIARI(C. DUFFLE DUFFLE 1VIAT'fHF.\V RIDLEI' JOHN R.NINOSKY MICHAEL J.CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A.JOHNSON WADE.D.MANLEY C.ROY WEIDNER.JR• ' i�i.�l!. .\•1 i;•rq.i::r;a do January 28, 2014 Ms. Brittany Varner Miller Ms. Alyssa Varner Miller 16 Laurel Drive Mechanicsburg, PA 17055 Re: Raymond C. Grandon, Jr. v. Brittany Varner Miller and A/yssa Varner Miller Cumberland County, C.C.P.; No. 13-5836 Civil Dear Mses. Miller: Please be advised that I represent Raymond C. Grandon, Jr. in the above docketed action. Enclosed are Important 10 Day Notices of my client's intent to seek default judgments against you for your failure to respond to the Complaint served on October 22, 2013. You should notify your attorney of this letter and the notices immediately. Please feel free to have your attorney contact me with any questions or concerns. Thank you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Matthew" Ridley MR/men:6032e4 Enclosure 301 MARKET STREET P.O.BOX 109 LEMOYNE,PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761,3015 MAIL @JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com i RAYMOND C. GRANDON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION — LAW ALYSSA VARNER MILLER, Defendants JURY OF 12 PERSONS DEMANDED IMPORTANT 10-DAY NOTICE To: BRITTANY VARNER MILLER ALYSSA VARNER MILLER Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 BRITTANY VARNER MILLER ALYSSA VARNER MILLER 16 Laurel Drive Mechanicsburg, PA 17055 DATE OF NOTICE: January 28, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHNSON, DUFFIE, STEWART &WEIDNER By Matthew Ridley, Esquire i CERTIFICATE OF SERVICE AND NOW, this day of January, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Important 10-Day Notice upon the other parties of record by causing same to be deposited in the United States Mail, First Class postage prepaid with Certificate of Mailing, at Lemoyne, Pennsylvania, addressed as follows: Brittany Varner Miller, Plaintiff Alyssa Varner Miller, Plaintiff Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 Ms. Brittany Varner Miller Ms. Alyssa Varner Miller 16 Laurel Drive Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART &WEIDNER By: Matthew Ridley, Esquire 603278 i JERRY R.DUFFIE BARRIE B.GEHRLEIN RICHARD W STEWART ANTHONY T. LUCIDO EDMUND G.MYERS L A W n F F I C E S CAROLYN B.MCCLAIN JOHN A.S DELUGE J(MSON JOHN A.Luc), ON JOHN A.STATLER ULYSSES S.WILSON JEFFREY B, RETTIG JULIA A.MORRISON MARL(C.DUFFIE MATTHEW RIDLEY JOHN R.NINOSKY DUFFIE MICHAEL J.CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A.JOHNSON WADE D.MANLEY C.ROY WEIDNER,JR. January 28, 2014 Ms. Brittany Varner Miller Ms. Alyssa Varner Miller Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 Re: Raymond C. Grandon, Jr. v. Brittany Varner Miller and A/yssa Varner Miller Cumberland County, C.C.P.; No. 13-5836 Civil Dear Mses. Miller: Please be advised that I represent Raymond C. Grandon, Jr. in the above docketed action. Enclosed are Important 10 Day Notices of my client's intent to seek default judgments against you for your failure to respond to the Complaint served on October 22, 2013. You should notify your attorney of this letter and the notices immediately. Please feel free to have your attorney contact me with any questions or concerns. Thank you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER "at e4idley M R/m e n,03273 Enclosure 301 MARKET STREET P0,BOX 109 LEMOYNE,PENNSYLVANIA 17043-0109 WWW.JDSIV.COM 717.761.4540 FAX:717.761.3015 MAILQJDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR,, . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION — LAW ALYSSA VARNER MILLER, Defendants : JURY OF 12 PERSONS DEMANDED IMPORTANT 10-DAY NOTICE To: BRITTANY VARNER MILLER ALYSSA VARNER MILLER Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 BRITTANY VARNER MILLER ALYSSA VARNER MILLER 16 Laurel Drive Mechanicsburg, PA 17055 DATE OF NOTICE: January 28, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By Matthew Ridley, Esquire CERTIFICATE OF SERVICE AND NOW, this day of January, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Important 10-Day Notice upon the other parties of record by causing same to be deposited in the United States Mail, First Class postage prepaid with Certificate of Mailing, at Lemoyne, Pennsylvania, addressed as follows: Brittany Varner Miller, Plaintiff Alyssa Varner Miller, Plaintiff Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 Ms. Brittany Varner Miller Ms. Alyssa Varner Miller 16 Laurel Drive Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: , Matthew Ridley, Esquire 603278 EXHIBIT C JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION - LAW ALYSSA VARNER MILLER, Defendants JURY OF 12 PERSONS DEMANDED AFFIDAVIT OF NON-MILITARY SERVICE - BRITTANY VARNER MILLER I, Matthew Ridley, attorney for Plaintiff in the above-captioned action, being duly sworn according to law, swear that to the best of my information and belief, Brittany Varner Miller, the Defendant in the above-captioned action, is not a member of the United States Military and/or Armed Services. JOHNSON, DUFFIE, STEWART &WEIDNER BY: , Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street — P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Plaintiff Date: February 18, 2014 605736 JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION - LAW ALYSSA VARNER MILLER, Defendants JURY OF 12 PERSONS DEMANDED AFFIDAVIT OF NON-MILITARY SERVICE - ALYSSA VARNER MILLER I, Matthew Ridley, attorney for Plaintiff in the above-captioned action, being duly sworn according to law, swear that to the best of my information and belief, Alyssa Varner Miller, the Defendant in the above-captioned action, is not a member of the United States Military and/or Armed Services. JOHNSON, DUFFIE, STEWART &WEIDNER BY: �—. '�q , Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street — P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Plaintiff Date: February 18, 2014 605736 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FOR LIABILITY ONLY has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 18, 2014: Brittany Varner Miller, Defendant Alyssa Varner Miller, Defendant 16 Laurel Drive Mechanicsburg, PA 17055 Brittany Varner Miller, Defendant Alyssa Varner Miller, Defendant Thayer Dental Laboratory Inc 131 Old School House Lane Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART &WEIDNER By: /L Matthew Ridley JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Plaintiff By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com RAYMOND C. GRANDON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5836 Civil BRITTANY VARNER MILLER and CIVIL ACTION — LAW ALYSSA VARNER MILLER, Defendants JURY OF 12 PERSONS DEMANDED JUDGMENT FOR LIABILITY ONLY AND NOW, this � day of Feb. 2014, judgment for liability only, with damages to be assessed at arbitration, is entered in favor of Plaintiff, Raymond C. Grandon, Jr., and against Defendants, Brittany Varner Miller and Alyssa Varner Miller as directed above. Prothonotary By: Deputy 1 1' i q i { RAYMOND C. GRANDON,JR., .• IN THE COURT OF COMMON PLEAS OF { Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. • l NO. i3-5836 Civi f ' 1(� BRITTANY VARNER MILLER and ALYSSA VARNER MILLER, AV r CIVIL ACTION — L E Defendants r� PETITION FOR APPOINTMENT OF ARBITRATORS C - - ''c-3 TO THE HONORABLE,THE JUDGES OF SAID COURT: -...=c) � c Matthew Ridley,Esquire,counsel for the plaintiff in the above action(or actions), respectfu'll' represents that: i. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $4,654.00,plus interest,fees and plaintiffs costs of suit, including attorney's fees. Judgment against the Defendants has been entered as to liability only. The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Matthew Ridley, Esquire and affiliates of the firm of Johnson, Duffle, Stewart &Weidner. P.C.. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON,DUFFIE,STEWART&WEIDNER Date: 2I19 Ai By: 71.--Matthew Ridley, Esquire Attorney I.D.No. 204265 301 Market Street "A S 7).50 QQ P. .0. Box 109 4(D1V3 0 Lemoyne, CO 4410 ne,PA 17043-0109 Telephone(717) 761-4540 1') Counsel for Plaintiff ORDER OF COURT AND NOW,1?q/Le/) s , 2014,in consideration of the foregoing petition: /Th, i 1 0• /S_-Ad'IA mot'../ , Esq., 1,.�/LL ��./..... A. ,Esq.,and / i Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Cou ✓43"." ''' A/> vQrnef ftf,/lam ' c` �'. (4910/Gis sta./eel 3/1,/i e -, c.- c? .. ILL RAYMOND C. GRANDON, JR. Plaintiff vs. BRITTANY VARNER MILLER and ALYSSA VARNER MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, {-y „ C. PENNSYLVANIA -03 • . --� -s 9 r� a CG c r:) z > N Qr -, --t e- tai err : +KF+ NO. 13 -5836 Civil Civil Action - Law NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the arbitration hearing in the above matter is scheduled for Tuesday, June 17, 2014, commencing at 9:00 a.m., in the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. If any party desires a transcript of the proceedings to be taken stenographically by a court reporter, the undersigned Chairman should be so advised on or before June 10, 2014, so that appropriate arrangements can be made. The cost of the court reporter or any subsequently transcribed record will be borne by the party requesting the presence of the court reporter or by the parties per stipulation. This matter will be heard by the board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. BOARD OF ARBITRATORS By: ,fit - Date: April 17, 2014 J. ephen Feinour, Esquire Chairman • Distribution List: Matthew Ridley, Esquire, Johnson Duffle, 301 Market Street, P. 0. Box 109, Lemoyne, PA 17043- 0109. Brittany Varner Miller and Alyssa Varner Miller, 16 Laurel Drive, Mechanicsburg, PA 17055 John N. Papoutsis, Esquire, 1104 Fernwood Avenue, Suite 302, Camp Hill, PA 17011 Paul M. Ferguson, Turo Robinson, 129 Pitt Street, Carlisle, PA 17013 Raymond C. Grandon, Jr. In the Court of Common Pleas of Cumberland Plaintiff Brittany Varner Miller and Alyssa Varner Miller County, Pennsylvania No. 2013 _5836 Defendant Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and t ons ' tiorj f this Commonwealth and that we will discharge the duties of our office with fidelity. gna re Stephen Feinour Name (Chairman) Nauman, Smith, Shissler & Hall, LLP Law Firm 200 N. Third St., 18th Floor Address Harrisburg City, 17101 Zip Si John N. Papoutsis, Esquire Name Law Firm Signature Paul M. Ferguson, Esq. Name Turo Robinson Law Firm 1104 Fernwood Ave, Ste 302 129 Pitt Street Address Address Camp Hill 17011 Carlisle 17013 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.) Award in favor of the Plaintiff, Raymond C. Grandon, Jr., and against the Defendants, Brittany Varner Miller and Alyssa Varner Miller, in the amount of $8,516.02, inclusive of fees and costs. .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: June 17, 2014 Date of Award: June 17, 2014 (Chairman) Notice of Entry of Award Now, the o?'611 day of , , 20 / L/ , at /2=at/ , f' .M., the above award was entered upon the docket Knd n ice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ W%/!s. c25 r JLt/I.tl.G1..a� , (LPJL Prothonotary By: cr/tGALLS Deputy 70111 JUN 2- tit • PENSYLYPIA Ayr/ 5a -do? ossly /11:kti -74--/z7(1 -21/0v vti4vA1Ast,iNjd 0v1t4le4n3 . . z-1flI •