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13-6310
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. / X63 0 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. NAME OF MDJ ADDRESS OF APPELLANT M CIT�Y7p ' STATE ZIP CODE X30 / / �V* M S �s C /7 0 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' O /> a a/ -3 rn V5 S%f DOCKET No. SIGNATURE OF APPELLA ATTORNEY OR AGE Iris -d 0 oo0 � /- a? ��3 (,_� _Ice� This block will be signed ONLY when this notation is required under Pa. If apKellant 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 riling the NOTICE of APPEAL. X 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 Fi-Jm j-Yt appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rulVsuffer of judg f non pros. Signature of appesa& or attorney orlajeTt RULE: To & rr /0,— 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 mailin . Datelgk : �3 ._ Signature of Prothonotary or Deputy - �[NdtiTnS N"d3d ► f 10 0 0114V�d I 9Wr�3 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH HIS NOTICE OF APPEAL. AOPC312 -05 1 `.1< I r "dGHIC1 POT - 2'737? COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -1 -01 Norman Fromm MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Lisa Cowell Camp Hill, PA 17011 Telephone: 717-737-3434 Lisa Cowell Docket No: MJ- 09101 -LT- 0000161 -2013 230 E. Main Street Case Filed: 10/7/2013 Shiremanstown, PA 17011 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc- Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09101 -LT- 0000161 -2013 Norman Fromm Lisa Cowell Judgment for Plaintiff 1011712013. . Judgment Summary Particilant Joint/Several Liability Individual Liability Amount Lisa Cowell $0.00 $422.50 $422.50 Norman Fromm $0.00 $0.00 $0.00 Judgment Finding ( * Post Judgment) In the matter of Norman Fromm vs. Lisa' Cowell on MJ- 09101 -LT- 0000161 -2013, on 10/17/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $600.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $300.00 $300.00 Costs $0.00 $122.50 $122.50 - Grand Total: $422.50 Portion of judgment for physical damages arising out of residential lease: $0.00 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 PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW- INCOME AND /OR 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 JUDGMENTITRANSCRIPT 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. MDJS 315A Page 1 of 3 Printed: 10/17/2013 9 :39:47AM Norman Fromm Docket No.: MJ- 09101 -LT- 0000161 -2013 V. Lisa Cowell F tt;,� 2 � Date Magisterial District Judge Charles A. Clement Jr.% certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge i• j MDJS 315A Page 2 of 3 Printed: 10/17/2013 9:39:47AM Norman Fromm Docket No.: MJ- 09101 -LT- 0000161 -2013 v. Lisa Cowell Participant List Plaintiff(s) Norman Fromm P.O. Box 461 Lemoyne, PA 17043 Defendant(s) i Lisa Cowell 230'E. Main Street - Shiremanstown, PA 17011 w f MDJS 315A Page 3 of 3 Printed: 10/17/2013 9:39:47AM J THE ROTHON i , ; 21I3 Noy -1 pm 2: 1 PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(1 0)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF /'ujo ss AFFIDAVIT: I hereby(swear)(affirm)that I served /y�J r/n 'V ❑ a copy of the Notice of Appeal, Common Pleas No. 3 upon the Magisterial District Judge designated therein on (date of service)°a,0/3 , ❑ by personal service by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, (name) tiG ,on eivn. ackalsq , 20 13 Eby personal service❑ pl6y(certified)(registered)mail, sender's receipt attached hereto. (SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF/0,1),20/T j ApP Signature of cial before whom affidavit was made ignature of affiant Title of official My commission expires on y/_,20/I" Prothonotary,Cumberland County,Carlisle,PA My Commission Expires the first Mondayof Jan.2014 AOPC 312A-05 - - U.S. Postal ServiceTM U.S. Postal Service,: CERTIFIED MAILTM RECEIPT CERTIFIED MAIL, RECEIPT 2 (Domestic Mail Only;No Insurance Coverage Provided) mi." (Domestic Mail Only;No Insurance Coverage Provided) ir.r.r; For delivery information visit our website at www.usps.comr, LT" For delivery information visit our website at www.usps.comc - IP 71'... . l..1") 1 A 4 1 i S I.: '''T' % „) CAL . , Er r. IT" ft CI CI Postage allibill 11(.7 U PG P, M M Postage .4. III Cl -_, Cl Certified Fee 11111.11 't-76 Certified Fee 11111111E11 ' c""G'. r1 Aj. Post u rR i Cl Return Receipt Fee $0.00 I . mwk 2 6340 .., Cl Return Receipt Fee $0. a Postm rk 00 "'-' ':-1 rIS U Here I:3 (Endorsement Required) Cl (Endorsement Required) Cl i.__I Cl Restricted Delivery Fee $0.00 i Restricted Delivery Fee OCT 29 20:3 "' ,.,.... 0 (Endorsement Required) 1=1 (Endorsement Required) L ,, ri $3.56 29020AS r-q $3.56 \. 10/29/2013 MI Total Postage&Fees $ Iii Total Postage&Fees $ ru ru \ Sent To Sent To ru Ill ra Street,Apt.No.; ci Street,Apt.No.; r_ or PO Box No. r.,_ or PO Box No. City,State,ZIP+4 City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions PS Form 3800.August 2006 See Reverse for Instructions , , F:.IL [Li-0 4-S- C E PF0 i ii0Nu 22:3 r97 27 PM 2: 1 Johnson, Duffie, Stewart & Weidner ` u3._ { C +` By: Mark C. Duffie S L41^� `1 '� I.D. No. 75906 Attorneys or Plaint' 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 NORMAN FROMM • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff v. • NO. 13-6310 LISA COWELL CIVIL ACTION • • Defendant • NOTICE TO DEFEND To the Defendant: 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 defense 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 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 Ia notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en Ia 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 como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en Ia demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado 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 OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 NORMAN FROMM • IN THE COURT OF COMMON • PLEAS OF CUMBERLAND • COUNTY, PENNSYLVANIA • Plaintiff • No. 13-6310 • v. • CIVIL ACTION • LISA COWELL • Defendant COMPLAINT AND NOW, this 26th day of November, 2013, comes the Plaintiff, Norman Fromm, by and through the undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff, Norman Fromm, is an adult individual with a postal address of P.O. Box 461, Lemoyne, Cumberland County, Pennsylvania. 17043. 2. 4. Defendant, Lisa Cowell, is an adult individual with a postal and physical address of 230 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. Plaintiff is the owner of improved real property located at 230 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 (hereinafter the "Property"). 3 4. The Defendant is currently in possession of the Property pursuant to a Residential Lease (hereinafter the "Lease"), dated August 1, 2012, by and between the Plaintiff as Landlord and the Defendant as Tenant. A true and correct copy of said Lease is attached hereto and incorporated herein as Exhibit "A". 5. Pursuant to Paragraph 3 of the Lease, the Defendant is required to make monthly rent installment payments of Six Hundred ($600.00) Dollars in advance of the tenth (10th) day of each calendar month for that particular calendar month, commencing August 1, 2012 and ending on July 31, 2013. 6. Paragraph 2 of said Lease indicates that at the expiration of the initial one (1) year term (July 31, 2013) the tenancy shall be deemed month-to-month at the monthly rental amount set in the Lease of Six Hundred ($600.00) Dollars. 7. As of the date of this filing, the Defendant has failed to make rent payments for the months of September, October and November of 2013. Defendant did make a partial payment of Three Hundred ($300.00) Dollars on the account for the month of September 2013, but has failed to pay the Six Hundred ($600.00) Dollar rent payments for the months of October and November of 2013. 8. Rent due for September 2013, though partially paid, is not paid in full and according to Paragraph 3 of the Lease, the Defendant shall pay a late fee for any payment received after the tenth (10th) of each month of Twenty-Five ($25.00) Dollars, plus Five ($5.00) Dollars for each additional day that the rent remains unpaid. The total late charge for any month will not exceed One Hundred ($100.00) Dollars. Therefore, the Defendant owes an additional One Hundred ($100.00) Dollars in late fees for September 2013. 9. The Defendant has failed to pay rent for October of 2013 by the due date of October 10, 2013 and therefore owes and additional Twenty-Five ($25.00) Dollars for the terms of Lease. In addition, the Five ($5.00) Dollars for each additional day as of the date of this filing will exceed the One Hundred ($100.00) Dollars, therefore, Defendant owes and additional One Hundred ($100.00) Dollars in late fees for October 2013. 4 10. The Defendant has failed to pay rent for November of 2013 by the due date of November 10, 2013 and therefore owes and additional Twenty-Five ($25.00) Dollars for the terms of Lease. In addition, the Five ($5.00) Dollars for each additional day as of the date of this filing will exceed the One Hundred ($100.00) Dollars, therefore, Defendant owes and additional One Hundred ($100.00) Dollars in late fees for November 2013. 11. The Defendant is in default of the Lease for failing to make payments required under the Lease. The Plaintiff filed a Landlord/Tenant Complaint in Magisterial District Court 09-1-01 before the Honorable Charles A. Clemente, Jr., on October 7, 2013. 12. Notice of Judgment/Transcript Residential Lease was issued by the Honorable Charles A. Clemente, Jr., on October 17, 2013. 13. Notice of Appeal from the Magisterial District Judgment was filed in the Court of Common Pleas, Cumberland County to the above-captioned docket number on October 25, 2013 and this Complaint is filed by Plaintiff pursuant to the Rule to Follow Complaint issued upon the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in his favor and against Defendant for One Thousand Eight Hundred ($1,800.00) Dollars, plus filing fees and Sheriff's costs, as well as for possession of the property located at 230 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania. Respectfully submitted, JOHNSON, DUFFIIE T e 'T &WEIDNER By: ., Mark C. Duffie Attorney I.D. No. -�+�6 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :594006 5 VERIFICATION I, Mark C. Duffie, attorney for Norman Fromm, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mark C. Duffi Date: November 26, 2013 6 • 1 RESIDENTIAL LEASE This lease is made and entered into this 15t day of August 2012, by and between Norman H. Fromm, hereinafter referred to as "LESSOR" or"LANDLORD", AND Lisa Colwell, hereinafter collectively referred to as "LESSEE" or "TENANT". Now therefore, in consideration for the Premises, the mutual terms covenants and conditions herein contained, and the security deposit to be paid by LESSEE to LESSOR, the parties hereto, intending to be legally bound hereby, do agree and covenant as follows: 1. LEASED PREMISES: LESSOR herby leases to LESSEE and LESSEE hereby leases from LESSOR that certain dwelling know as 230 East Main Street in the Borough of Shiremanstown, Cumberland County, Pennsylvania, hereinafter the "premises". 2. TERMS: The term of this Lease shall be for one (1) year commencing on August 1, 2012, and ending on July 31, 2013, (the "TERM"), unless terminated sooner as provided herein. Should LESSEE hold over after the end of the Term or at the end of extended Term, such holding over shall be deemed to be month-to- month tenancy only at the sole discretion of the LESSOR, at the monthly rental amount then set by LESSOR payable as provided in this Lease, until the tenancy is terminated in the manner provided by this Lease or by Law. 3. BASE RENTAL AMOUNT: LESSEE agrees to pay LESSOR for use of the Premises the sum of Seven Thousand Six Hundred Twenty Dollars ($7,200.00) payable to LESSOR in monthly payments of $600.00 in advance on the tenth day of each calendar month, without demand, deduction or abatement, except as hereinafter provided at the place designated by LESSOR for such purpose, until the end of the Term. LESSEE shall pay a late fee for any payment received after the tenth of each month of $25.00, plus $5.00 for each additional day that the rent remains unpaid. The total late charge for any one month will not exceed $100.00. LESSOR does not waive the right to insist on payment of the rent in full on the date it is due. Forms of acceptable payment are personal checks, cashier's checks or money orders made payable to Norman Fromm and mailed to PO Box 461, 2 Lemoyne, PA 17043. If any check offered by LESSEE to LESSOR for payment of rent or any other amount due under this Lease is returned for lack of sufficient funds, a stop payment or any other reason, LESSEE will pay LESSOR a return check charge of$50.00. 4. ADDITIONAL RENT: LESSEE shall pay as Additional Rent any money required to be paid as such pursuant to the provisions of this Lease, as well as all other sums of money or charges required to be paid by LESSEE under this Lease, whether or not the same shall be designated "Additional Rent". If such amounts or charges are not paid at the time provided in this Lease, they shall nevertheless, if not paid when due, be collectible as Additional Rent with the next installment of Rent thereafter falling due hereunder, but nothing herein contained shall be deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable hereunder, or limit any remedy of LESSOR. 5. POSSESSION: Possession of the Premises, under the terms of previous Lease, shall be delivered to LESSEE on June 10, 2011. 6. UTILITIES AND TAXES AND INSURACE: The LESSEE shall provide and pay all utilities, to include cable television, telephone, electric, gas, sewage and water. LESSOR shall pay all taxes assessed upon or attributable to the Premises or to any other part of the building and land from possession date until LESSEE vacates the Premises. LESSOR is responsible for obtaining hazard insurance upon the premises which shall not include LESSEE insuring the contents thereof. LESSEE shall be responsible for insuring their own possessions and personal items. LESSEE shall also obtain a general liability policy in the amount of One Hundred Thousand Dollars ($100,000.00) and name LESSOR as additional insured. 7. REPAIRS AND MAINTENANCE: LESSEE shall be responsible for reasonable maintenance of the Premises, allowing for ordinary wear and tear, except as set forth herein. LESSEE shall give to LESSOR prompt notice of any accident to or any defects in the doors, door checks, frames, windows, window frames, wood or other trim, carpeting, glass, roof, water pipes and plumbing fixtures, electric fixtures including lights and switches, or heating or air conditioning in the Premises that may come to its notice. Any costs resulting from damage to or malfunction or disrepair of the aforementioned items shall be the obligation of LESSEE. LESSEE shall be responsible for the repair and 3 maintenance of the dishwasher, garbage disposal, microwave oven, stove/oven, refrigerator, washer and dryer. LESSEE shall be responsible for lawn care and for the remediation of any household pests. Before making any repairs LESSEE must notify LESSOR and obtain LESSOR's approval. LESSEE shall not at any time permit refuse, garbage, packing cases or cartons, cleaning supplies or equipment, to be placed outside the demised Premises except at that location of the container approved by and /or installed by LESSOR. LESSEE shall be responsible for the maintenance of the outside of the premises including cutting the lawn, maintaining shrubs and snow removal. The premises shall be maintained in the same condition as it is when this lease commences and/or appropriate condition. 8. ALTERATION, IMPROVEMENTS AND SIGNS: LESSEE shall not make any alterations or improvements to the Premises for LESSEE's own purposes, and shall not place on the doors, windows, exterior walls or grounds of the building, unless LESSOR approves of any so proposed alteration, improvements, signs or lettering in advance. Such proposal must be made in writing. Such alterations, improvements, signs or lettering are LESSEE's sole expense, whether or not permanent, and if permanent, such alterations or improvements shall become part of the Premises and the property of LESSOR when completed. 9. USE OF PREMISES: No unit shall be used for any other purpose other than a Residence for one (1) LESSEE, specifically LESSEE herein for a total occupancy of one (1) person. LESSEE shall not permit or suffer anything to be done or kept upon or within the unit or which will interfere with the rights of the other occupants, annoy them with unreasonable noises or otherwise. LESSEE will not commit or permit any nuisance or commit or allow any immoral or illegal act to be committed within the unit. Fines levied against LESSOR due to the conduct of the LESSEE, or the condition of the LESSEE's unit, or personal property, or any building or living codes directly broken by the LESSEE, or any other breach of this Lease, shall be paid by LESSEE, along with any resulting expenses or costs or compliance. 10. RULES AND REGULATIONS CONCERNING USE AND OCCUPLANCY: A. Pets are not permitted on the premises unless permitted in the sole discretion of the LESSOR. Each pet must be requested in writing from LESSEE to 4 LESSOR. LESSEE shall be responsible to prevent LESSEE's pet from disturbing any other resident or neighbor. LESSOR does acknowledge his approval of two small dogs. Under no circumstance are LESSEES permitted to have pets occupy the premises without pre-authorization of LESSOR. If a pet occupies the Premises without written permission of LESSOR, this is cause for termination of this Lease. LESSEE hereby indemnifies and holds LESSOR harmless with respect to any injury caused by said pet(s) including, but not limited to court fees, judgments, claims, attorneys fees and costs. LESSOR's right to indemnification shall be immediate upon the occurrence of said cost or fee. B. LESSEE(S) members of his/her(their) family, his/her(their) visitors and servants shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or neighbor or interferes with the rights, comfort or conveniences of any other resident or neighbor. Musical or sound reproducing instruments or singing within the Premises must be unable to be heard outside the Premises between 9 o'clock each night and 9 o'clock the following morning. C. No residents shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or any other structure in any window of the unit or elsewhere or upon the LESSOR's property. Damage to storm doors and windows due to negligence will be the responsibility of the LESSEE. D. LESSEE shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning and stoppages in waste water lines. E. Maximum occupancy: No more than one (1) person will be permitted to occupy the Premises, which shall be comprised of LESSEE. F. LESSEE(S) agree(s) that LESSOR may change these regulations from time to time as may be required to protect the Premises or LESSOR's other property to add to LESSEE's enjoyment of it. 4 G. LESSEE agrees to use due care in the use of the Premises, including the appliances therein, together with all other parts of the Premises. LESSEE shall be responsible to pay for repairs with respect to the appliances and all other parts of the leased Premises which are necessitated by any lack of care on the part of the LESSEE or members or the LESSEE's family or LESSEE's visitors. In the event that any appliances must be replaced, LESSEE shall give notice to LESSOR and LESSOR shall be responsible to replace the appliance within a reasonable time after said notice. H. LESSEE is required to use the smoke detection equipment which is installed on the Premises. LESSEE shall not deactivate or disconnect any such systems, or any part thereof, at any time. LESSEE is required to replace smoke detector batteries from time to time, as necessary, to ensure safety and protection to the Premises. I. Any window or other glass broken during the term of this Lease shall be the responsibility of LESSEE(S). J. LESSEE(S) shall be responsible for routine maintenance of the electronic dust filters, if any. K. All trash and rubbish is to be placed in plastic bags or other receptacles as authorized by LESSOR. All debris, rubbish and trash must be placed in proper containers as directed from time to time by LESSOR or LESSOR's representative. L. LESSEE(S) shall keep the Premises in good and sanitary condition. Upon vacating the Premises, LESSEE(S) shall be responsible for the cost of any cleaning services or damages to the Premises, if needed. M. LESSEE(S) shall not change locks or install additional locks without written consent of LESSOR. N. LESSEE(S) is/are not permitted to use or store any kerosene or space heaters on the Premises. O. LESSEE(S) is/are not permitted to use any type of gas or charcoal grill inside the Premises. The same may only be used outdoors and not on a 6 covered porch/deck. Any used charcoal must be properly disposed of in a trash receptacle once cold. It shall not be dumped upon the property. P. LESSEE(S) is/are required to adhere to all Federal, State and Local rules, laws and regulations. 11. REMEDIES: If any default shall occur, other than in the payment of rent, which cannot with due diligence be cured within a period of five (5) days, and LESSEE, prior to the expiration of five (5) days after receiving of notice from LESSOR, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and to do all work required to cure such default, and through such effort the default is cured, then LESSOR shall not have the right to declare the said Term ended by reason of such default. 12. RIGHT OF ENTRY: LESSOR, or any person authorized by LESSOR, shall have the right to enter the Premises at reasonable times to inspect the Premises as needed, and after notice or termination is given, to show the unit to prospective lessees. LESSOR shall give LESSEE notice of his/her or their intention to enter, if possible. However, notification shall not be necessary in case of emergency. It is the right of LESSOR to conduct a semi-annual inspection to ensure that smoke detectors, filters, etc. are working properly. 13. INSURANCE: LESSEE is responsible for insuring the contents of the property at LESSEE's expense. Proof of insurance is required prior to LESSEE taking occupancy. LESSEE is responsible for maintaining renter's insurance beyond the duration of this lease if LESSEE continues to reside at the Premises. 14. PERSONAL PROPERTY: Any personal property left inside or outside the Premises five (5) days after LESSEE vacates the Premises, whether the LESSEE vacates amicably or not, may at the sole discretion of LESSOR be disposed of in any manner by LESSOR without any liability to LESSOR. The cost of disposal of said personal property shall be borne by the LESSEE. 15. REMEDIES CUMULATIVE: The rights and remedies provided by this Lease are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said right and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 7 16. RIGHTS and OBLIGATIONS UNDER THE BANKRUPTCY CODE: The following shall be in addition to and not in abrogation of any other legal or equitable right or remedy which LESSOR may have: (a.) Upon the filing of a petition by or against LESSEE under the Bankruptcy Code, LESSEE, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: (i) to perform each and every obligation of LESSEE under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court: and (ii) to pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises an amount equal to all the rental amount set forth in Paragraph 3; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under the Bankruptcy Code; and (iv) to give LESSOR at least forty-five (45) days prior written notice of any proceeding relative to any assumption the lease, and (v) to give at least thirty (30) days prior written notice of any abandonment of the Premises; and such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to LESSOR otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. (b.) No default of this Lease by LESSEE, either prior to or subsequent to the filing of such a petition shall be deemed to have been waived unless expressly done so in writing by LESSOR. (c.) It is understood and agreed that this is a Lease of residential real property as such a Lease is described or referred to in the Bankruptcy Code. (d.) Included with and in addition to any other conditions or obligations imposed upon LESSEE or its successor(s) in the event of assumption and/or assignment are the following: (i) the cure of any monetary defaults and the reimbursement of pecuniary loss within not more than thirty (30) days of assumption and/or assignment; and (ii) the deposit of an additional sum equal to three (3) months rent; and (iii) the use of the Premises as set forth in Paragraph 1 of this Lease and (iv) the reorganized debtor or assigns of such debtor in possession or of LESSEE's trustee demonstrates in writing that it has sufficient 8 background including, but not limited to, substantial experience and financial ability to operate a professional business establishment out of this Lease; and (v) the prior written consent of any mortgagee to which this Lease has been assigned as collateral security; and (vi) the Premises, at all times, remains as is and no physical changes of any kind may by made to the Premises unless in compliance with the applicable provisions of this Lease. 17. DEFAULT: If any default occurs, LESSOR, at his sole option, may call the balance of the remaining rent due and payable immediately and move forward with eviction proceedings. 1.8. ASSIGNMENT AND SUBLET AND MORTGAGE: The LESSEE shall have no right to assign or sublet any portion of the Lease or Premises. This Lease shall not benefit LESSEES' heirs, assigns or administrators. LESSOR may assign and/or mortgage any and all of its interest under the terms of this Lease, provided said assignee or mortgagor is bound by the terms of this Lease and LESSOR give LESSEE written notice of said assignment or mortgage and the assignee thereof within ten (10) days thereafter. LESSEE shall cooperate with providing information to any potential assignee or mortgage including but not limited to executing a Tenants Estopple Certificate. 19. NOTICE: All notices provided to be given under this Lease shall be given by certified mail, addressed to the property party, at the following addresses: LESSEE: Lisa Colwell 230 East Main Street Shiremanstown, PA 17011 LESSOR: Norman H. Fromm PO Box 461 Lemoyne, PA 17043 20. SURRENDER OF PREMISES: Upon the expiration or earlier termination of this Lease, LESSEE shall surrender the Premises to the LESSOR in the same condition or better as the Premises was at the commencement of this Lease, ordinary wear and tear excepted. Upon expiration or earlier termination of this Lease, all fixtures, equipment and improvements attached to or built into the Premises by LESSEE, as its cost and expense, shall be and remain the property of 9 LESSOR. LESSEE shall repair or pay the costs of repairing any damage to Premises resulting from not surrendering the Premises in the same condition as it was at the commencement of this Lease. 22. EXTENDED ABSENCES BY LESSEE: LESSEE will notify LESSOR in advance if LESSEE will be away from the Premises for eight (8) or more consecutive days. During such absence, LESSOR may enter the Premises at times reasonably necessary to maintain the property and inspect for needed repairs. 23. TIME IS OF THE ESSENCE: Time is of the essence of each provision of this Lease. 24. GOVERNING LAW: The construction of this Lease and the rights and remedies of the parties hereto, shall be governed by the Laws of the Commonwealth of Pennsylvania. 25. SEVERABILITY: If any term of provision of this Lease or application thereof to any person or circumstance be held invalid, the remainder of said term or provision and/or of this Lease shall not be affected thereby and, to this end, the parties hereto agree that the terms and provisions of this Lease are severable. 26. WAIVER: No waiver by the parties hereto or any default or breach of any term, condition or covenant of this Lease shall be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained herein. 27. BINDING AGREEMENT: This Lease shall be binding upon and insure to the benefit of the parties hereto, and their respective heirs, executors, administrators, legal representatives, successors and assigns, to the extent permitted by this Lease. 28. WHOLE AGREEMENT: This Lease constitutes the sole and only agreement of the parties hereto with respect to the terms of the Lease and 9 supersedes any prior understandings; written or oral agreements between the parties respecting the within subject matter. 29. MODIFICATION: No amendment, modification, alteration or rescission of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 30. EARLY TERMINATION: This Lease shall automatically terminate earlier than as set forth in Paragraph 2 upon the death of LESSEES. 31. WAIVER OF NOITCE TO QUIT: LESSEE hereby waives the usual notice to quit and agrees to surrender the Premises when the Lease ends for whatever reason whatsoever, LESSEE specifically waives the right to three (3) months notice and to fifteen (15) or thirty (30) days notice or any other notice required under the Owner and Tenant Act of 1951 as amended. LESSEE agrees that no notice whatsoever shall be required to proceed with an action for eviction, damages and/or non-payment of rent. 32. ATTORNEY'S FEES: LESSEE shall be responsible to pay LESSOR's reasonable attorney's fees and costs LESSOR incurs as a result of LESSOR's legal enforcement of this Agreement. 33. DISCLOSURES: LESSEE acknowledges that LESSOR has provided disclosure of information on lead-based paint and/or lead-based paint hazards. 34. TENANT REVIEW: By signing this Agreement LESSEE affirms that LESSEE has fully reviewed this Agreement and fully understand the same. LESSEE also acknowledges that he and/or she has had the opportunity to have this Agreement reviewed by their own independent legal counsel. 10 IN WITNESS WHEREOF, the undersigned LESSOR and LESSEE hereto execute this Agreement as of the day and year first above-written. WITNESS: LESSEE: USA COLWELL 7 � •1 , / \, i Lisa Colwell WITNESS: LESSOR: NORMAN H. FROMM rr F / 0.....,..„ ,; i . ,Ilik ) t ----- ... , , , , _,. Norman H. Fromm 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Complaint by Plaintiff, Norman Fromm, by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 26th day of November, 2013, addressed to the following: Ms. Lisa Cowell 230 E. Main Street Shiremanstown, PA 17011 JOHNSON, DUFFIE, : EW RT &WEIDNER By: ark C. Duffie '111 i s 1'i L i-1Ot OTC K( JOHNSON, DUFFIE, STEWART & WEIDNER IB.D. No. Mark 75906uffie 2U tl 1°E -! PM 3; 00 301 Market Street CUMBERLAND COUti I P.O. Box 109 t' A YL��A��f Lemoyne, PA 17043 -0109 ;'Et�',1�5 Phone: 717- 761 -4540 Fax: 717 - 761 -3015 Email: mcd @jdsw.com NORMAN FROMM, v. LISA COWELL Plaintiff Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 -6310 CIVIL ACTION PROOF OF SERVICE AND NOW, this 6th day of March, 2014, the undersigned does hereby certify that on December 4, 2013, the Complaint filed in the above - captioned action was service upon the Defendant pursuant to Pa. R.C.P. No. 403, by causing it to be sent via Certified Mail, addressed to the Defendant. See Certificate of Service attached as Exhibit "A ". Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By :610091 Mark C. Duffie EXHIBIT "A" Page lofl Gail J. Mahoney From: US_Postal_Service@usps.com Sent: Wednesday, December 04. 2013 5:44 PM To: Gail J. Mahoney Subject: USPS Shipment Info for 9171969009350039873436 This is a post-only message. Please do not respond. Gail Mahoney has requested that you receive a Track & Confirm update as shown below. Track & Confirm e-mail update information provided by the U.S. Postal Service. Label Number: 9171969009350039873436 Service Type: Certified Mail1" Shipment Activity Location Date & Time Delivered CAMP HILL, PA 17011 Depart USPS Sort Facility HARRISBURG, PA 17107 Processed through USPS Sort Facility HARRISBURG, PA 17107 Electronic Shipping Info Received Processed at USPS Origin Sort Facility H/\RF{|8BURG, PA 17107 Dispatched to Sort Facility LEMOYNE, PA 17043 Acceptance LEMOYNE, PA 17043 Reminder: Track & Confirm by email Date of email request: December 4.2O13 December 4, 2013 2:40 pm December 4, 2013 December 4, 2013 3:49 am December 3, 2013 December 3, 2013 8:33 pm December 3, 2013 5:02 3, 2013 4:53 Future activity will continue to be emailed for up to 2 weeks from the Date of Request shown above. If you need to initiate the Track & Confirm by email process again at the end of the 2 weeks, please do so at the USPS Track & Confirm web site at http://www.usps.com/shipping/trackandconfirm.htm l2/5/201l 9171 9690 0935 0039 8734 36 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff NORMAN FROMM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 13-6310 LISA COWELL CIVIL ACTION Defendant To the Defendant: NOTICE TO DEFEND _< 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 defense 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Layer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249-3166 Toll Free (800) 990-9108 . fl JOHNSON,DUFFIE,STEWART&WEIDNER NO 1 ;i Attorneys for Plaintiff By: Mark C. Duffie I.D. No. 75906 2i11',B . t - t� 2: c.Li 301 Market Street i ,, P.O. Box 109 r:!J ;3r ;Lr aD COUNTY Lemoyne, PA 17043-0109 PENNSYLVANIA Phone: 717-761-4540 Fax: 717-761-3015 Email: mcd @jdsw.com NORMAN FROMM, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 13-6310 v. • • CIVIL ACTION LISA COWELL • Defendant PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PLEASE enter judgment by default in favor of Plaintiff, Norman Fromm, in the amount of $1,822.50 by reason of the failure of the Defendant to plead or otherwise respond to Plaintiff's Complaint within twenty (20) days of the date of service of the Complaint endorsed with a Notice to Defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, at her last known address, 230 East Main Street, Shiremanstown, PA 17011 on February 7, 2014; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid Notice is attached hereto and incorporated herein. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By Mark C. Duffie Dated: February 20, 2014 ■({) �ra 63-2 C . qua JOHNSON,DUFFIE,STEWART.&WEIDNER Attorneys for Plaintiffs By: Mark C. Duffie I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Phone: 717-761-4540 Fax: 717-761-3015 Email: mcd @jdsw.com NORMAN FROMM, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • NO. 13-6310 • v. • CIVIL ACTION • LISA COWELL • Defendant CERTIFICATION OF SERVICE I hereby certify that on the date noted below, I forwarded a Praecipe to Enter Judgment by Default addressed to Defendant by first class and certified, return receipt mail, postage prepaid to the following parties: Lisa Cowell 230 East Main Street Shiremanstown, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By r C. Duffie Dated: February 20, 2014 :606928 A ' • JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Plaintiffs By: Mark C. Duffle l.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Phone: 717-761-4540 Fax: 717-761-3015 Email: mcd @jdsw.com NORMAN FROMM, : IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • NO. 13-6310 • v. • CIVIL ACTION • LISA COWELL • • Defendant NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT To: Lisa Cowell 230 East Main Street Shiremanstown, PA 17011 DATE OF NOTICE: February 7, 2014 IMPORTANT NOTICE 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 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 Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3966 r AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. 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 OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3966 1 By: i J Mark C. Duffie • JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Plaintiffs By: Mark C. Duffle I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Phone: 717-761-4540 Fax: 717-761-3015 Email: mcd©jdsw.com NORMAN FROMM, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • NO. 13-6310 v. • • CIVIL ACTION LISA COWELL • Defendant • CERTIFICATION OF SERVICE I hereby certify that on the date noted below, I forwarded a Ten Day Notice of Intent to Enter Default Judgment addressed to Defendant by first class and certified, return receipt mail, postage prepaid to the following parties: Lisa Cowell 230 East Main Street Shiremanstown, PA 17011 JOHNSON, DUFFIE ` A RT &WEIDNER By: ; Mark C. Duffie Dated: February 7 2014 :605056 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Norman Fromm Confessed Judgment =' --0; r-tom Plaintiff p Other rn .� VS. : File No. 13-6310 +' ' Lisa Cowell : Amount Due$1,800.00 l Defendant Interest ' • r-c Address: Atty's Comm ;.Z. c' 230 East Main Street . Costs 122.50 Shiremanstown, PA 17011 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) All personal property located at 230 East Main Street, Shiremanstown, PA 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens agains eal I . = of the defendant(s)described in the attached exhibit. CA Date 2/20/14 Signature: j Print Name: Mark C. Duffie DS), S� ab ity Address: 301 Market Street Lemoyne, PA 17043 1 QD . co (I I' Attorney for: Plaintiff T use D Q Telephone: 717-761-4540 Supreme Court ID No: 75906 42.t) S. 50 .- %, t-icoa ,f,4 5 Ss WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-6310 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORMAN FROMM Plaintiff(s) From LISA COWELL,230 EAST MAIN STREET,SHIREMANSTOWN,PA 17011 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL PERSONAL PROPERTY LOCATED AT 230 EAST MAIN STREET,SHIREMANSTOWN,PA 17011 (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,800.00 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$ /5O) Due Prothonotary$2.25 Other Costs$122.50 Date: 3/4/14 ,/, if/ David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name: MARK C. DUFFIE,ESQUIRE Address:JOHNSON,DUFFIE,STEWART&WEIDNER 301 MARKET STREET,P.O.BOX 109 LEMOYNE,PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 75906 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE PLOT 2015 JAN 12 Fi tl n 3 CUMBERLAND COUNTY PENNSYLVANIA Norman Fromm vs. Lisa Cowell Case Number 2013-6310 SHERIFF'S RETURN OF SERVICE 04/21/2014 11:11 AM - Deputy Tim Black, being duly sworn according to law, served two copies of the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Norman Fromm, Plaintiff, who accepted as GARNISHEE for the within named Defendant, to wit: Lisa Cowell at 230 E Main Street, Shiremanstown Borough, Shiremanstown, PA 17011, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on 04-22-14 at defendant's last known address of 230 E Main Street, Shiremanstown, PA 17011. Also put in for a post office check to see if defendant forwarded her address. 01/08/2015 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $80.75 SO ANSWERS, January 08, 2015 RONIN' R ANDERSON, SHERIFF 9933_, 3 lS 1=/L' (c) CountySuite Sheriff, Teleosoft. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-6310 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORMAN FROMM Plaintiff (s) From LISA COWELL, 230 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY LOCATED AT 230 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,800.00 Interest Attorney's Comm. Attorney Paid $ 1/6; D Other Costs $122.50 Date: 3/4/14 (Seal) Plaintiff Paid $ Law Library $.50 Due Prothonotary $2.25 David D. Buell, Prothonotary REQUESTING PARTY: Name : MARK C. DUFFIE, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET, P.O. BOX 109 LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 75906 Deputy TRUE COPY FROM RECORD libTestirnony whereof, I here unto set my hand 4nd the seal.of said Court�att Carlisle, Pa. 1 his day of a u�r , 20 Prothonotary [CI