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Home My WebLink About13-7051 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judiciai District County Of ��s-u `3 ""� FROM MAGISTERIAL.DISTRICT JUDGE JUDGMENT l COMMON PLEAS No. NOTICE OF APPEAL Notice Is given that the appellant has flied In the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial Ris O Judge on the date and in the case referenced below. ApPET tJl AM Nc. rk"o J--O9-oZ-o d Nor/ rS fie, Jess .4`6. %MREW0FAPPEUANT CITY f� A ZP CODE ;ATEOFJUDGM tPls /lax L � �, -�� n 1OCKETNO. SIGNATUR90FAPPMANtORATTORNWOR AGENT his biecic will be signed ONLY when this notation is required under Pa. if a e1lant was Gahnent (sea Pe. R.C.P.L.J. No. 1001(8) in action ;.C.P.D.J,Na 10088. his Notice of Appeal,when received by the MaglWwrlal DWaiat Judge,will before a Meafatedel DRstrfist Judge, A COMPLAINT MUST BE FILES aerate as a SUPERSEDERS to the judgment for possession In this case. wAWn tn�enr" (20)days after b)!ng the NOTICE of APPEAL. dFr�a� PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE his secHon of form to be used ONLY when appellant was DEFFNDANT(see Pa.RC.P.D.J. No. 1001(7)In action before MegistetW Dlshfc dge. IF NOT USED,detach from copy of not be of appeal to be served upon appeflee. tAECIPE: To Prothonotary ter rule upon Y U`3 C r �'e /3 appeliee(s),to file a complaint in this appeal lwmewa.FVf+V Ammon Pleas No. — d S el I '-G )within twenty(20)days after service of rule or r entry of Judgment of non pros. /� Signature of appellant or attorney or Veit E: To 1, b PS `e wt' ._`S ,appellee(s) (1) You are notified that a rule is•hereby entered upon you to flea complaint in this appeal within twenty(20)days after the date of service its rule upon you by personal service or by certified or registered mail. . (2) It you do not Me a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3 7ba date of service of this rule if servi I t I e maul .! 2013 7,,`i *f 1 1A V L Z ANEW �_ s��ne or�m�TOs�ryoroelW. st.`F �N01-11t� Jd 3H.1 i7U MUST INCLUDE A COPY OF THE NOTICE 9F,4UD9MFNTITRANSCRIPT FORM WITH TH NOTICE OF APPEAL. 312-05 COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-2-02 Robert Webb MDJ Name: Honorable Jessica Brewbaker V. Address: 18 North Hanover Street, Suite 1.06 Juan Evans Business Central Building Carlisle,PA 17013 Telephone: 717-240-6564 File Copy Docket No: MJ-09202-LT-0000171-2013 Case Filed: .11/1/2013 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary (cc-cross Complaint) n .. Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-LT-0000171-2013 Robert Webb Juan Evans Judgment for Plaintiff 11/1812013 Judgment Summary _... . __ Participant Joint/Several Liability Individual Liability Amount Juan Evans $0.00 $6,653.98 $6,653.98 Robert Webb $0.00 $0.00 $0:00 judgment Findin _............ ......_. g 9 (*Post Judgment) - ..._. ..... . _ ..... , . In the matter of Robert Webb vs. Juan Evans on MJ-09202-LT-0000171-2013, on 11/18/2013 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$875.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $6,478.50 $6,478.50 Costs $0.00 $175.48 $175.48 Grand Total: $6,653.98 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 PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOW-INCOME 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 11/19/2013 9:37:27AM i Robert Webb Docket No.: MJ-09202-LT-0000171-2013 V. Juan Evans Datd Magisterial District Judge Jessica Brewbaker certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 11/19/2013 9:37:27AM Robert Webb Docket No.` MJ-09202-LT-0000171-2013 V. Juan Evans Participant List Plaintiff(s) ' Robert Webb 191 Meadow Ln Mechanicsburg, PA 17055 Defendant(s) Juan Evans 414 N Pitt St Carlisle,PA 17013 MDJS 315A Page 3 of 3 Printed: 11/19/2013 9:37:27AM 4, IN THE COURT OF COMMON PLEAS OF ��- /'4'--'COUNTY, PENNSYLVANIA N0. 7— ,�'Iaintiff x`91 e .i �'d� _ ��w �,i,v� 13 =� VS. J w CD V 40 CD Defendant *C - , _CD Y€ PETITION TO PROCEED IN FORMA PAUPERIS and AFFIDAVIT 1. I am the (Plaintiff! ndant in the above matter and because of my financial condition I am unable to pay the fees and costs of prosecuting or defending the action of proceeding. 2. I am unable to obtain funds from anyone, including my family and associates,to pay the costs of litigation. 3..✓ 1 represent that the information in the attached Affidavit relating to my ability to pay the fees and costs are true and correct. WHEREFORE, I request that the Court permit me to proceed in the referenced case in forma pauperis. Plaintiff/Defendant print or type your name address telephone number f IN THE COURT OF COMMON PLEAS OF �-c �'�`- �`'`� COUNTY, PENNSYLVANIA Case Number 'n4 46 Defendant `'r 01 AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ,mss 1. am the -J-,+ ' (Plaintiff/Defendant) in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting,defending,or appealing the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates,to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: �'` �i �'� vc.-•ti S Address: 7-1 S 7;� -G ,4 `s � `e ` 7,0 !'� Social Security.Number: O 7 (b) if you are presently employed, state Employer. / Al Address: T l Salary or wages per month: /V Type of work: T If you are presently unemployed,'state Date of last employment: S�r' / 7 Salary or wages per month: Type of work:_ 'vti � (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: N Dividends: Pension and annuities: 041 Social Security benefits: ,O e � r4 �' r'Lr• l o y � O IV/4 � v Support payments: Disability payments:_/V / Unemployment compensation and supplemental benefits: Worker's compensation: �l Public Assistance: �' )C'�rr4 S OW7 -s- �b �• c �- /txs,°1T�,�c Other: (d) Other contributions to household support (Wife)(Husband) Name: /V If your(husband) (wife)is employed, state Employer: Salary or wages per month: eA Type of work: Y0 n 7h Contributions from children: _P&---1'1W 1",4 fh Nt (e) Property owned �� G,,,q,,.� �-o f r� paX w ie_ 06, vGf r Cash: Checking Account: �S Savings Account: Certificate of Deposit: Real Estate (including home): L !/ Motor vehicle: Make 04g6 v y. Year � f 60 C " Co" ' Amount d owe Sf ` Stocks: bonds: Other. (f) Debts and obligations Mortgage: Rent: ' Loans: , a- Monthly Expenses:75019 25�-'9 wr��'�rL A3;4 t- oo '2 P (g) Persons dependant upon you for support'° '' �� w -2 /l/�� !'t wwr✓/J e/L d o /�j (Wife)(Husband)Name: Children, if an s,q�� 'r' Name: Age: ! !� 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of.18 Pa. C.S. 4909, relating to unswom falsification to authorities. Date: // a !, 7/petitioner OdMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF: WAME W UM " 1911z1'e;-of'o o w e. 6 u y DEFENDANT: NAME OWADORM leas Budml NO. I a -?os- m L TENANT'S SUPERSEDEAS AFFIDAVIT(NON4ECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No.1008C(2) K s fll�,vc'.-j'� /�gip's� � ,� G(print name and address here),' sve filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession `real property that 1 occupy, and I do not have the financial ability to pay the lesser of three (3)times my mthly rent or the judgment for rent awarded by the magisterial district court. My total household income es not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending peal and I have completed an in forma pauperis(IFP)affidavit to verify this. I have/have not(cross out the tj that does not apply) paid the rent this month. 1 verify that the statements made in this affidavit are true and correct to the best of my knowledge, �rmation and belief. I understand that false statements herein are made subject to the penalties of 18 C.S. §4904, relating to unsworn falsification to authorities. ► SIGNATr OF TENANT -� f' C -°-i 31M(B) -c' ROBERT WEBB, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUAN EVANS, DEFENDANT 13-7051 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of December, 2013, upon consideration of the Petition of Defendant to Proceed in Forma Pauperis, it is hereby ORDERED AND DIRECTED that the Defendant may proceed in forma pauperis to the termination of proceedings without payment of filing fees or costs. By the Court, A Masland, 1. Juan Evans, Pro se 414 North Pitt Street Carlisle, PA 17013 sal 12ory ins MM r*� r, .yJ C'°) Postal CERTIFIED MAIL. RECEIPT (Domestic Mail Only; C31 For delivery information visit our website at u Provided) C-) ry Rj Postage $ !.jt- - C'0 Certified Fee rq " `::Postmark Return Re t Fee rvf (Endorsement Required) r 'Here C t ' CJ Restricted Delivery Fee (Endorsement Required) - t- O !N.9 4 Total Postage&Fees _ 1? k? C3 Sent T M 0 3e-' ?" �"� ---- -- --- _---------------------- r� Street,Apt.No.; Q or PO Box No.,9 19 420 �/a ------ PS Form :00 August 2006 See Reverse for Instructions PROOF OF s>~rc PLAINT (This prlaot of service MUST-BE FILED WITHIN TEN(10)DAYS AFTER fiyW9 of the noflGe of appeal. Check app9cable boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF e _W 'T e. / ;ss AFFIDAVIT: I hereby(swear)(affirm)that I Served a copy ofthe Notice of Appeal,Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service)J014a zo �, [� by personal service 'J�-I�p{cart+flek�}(rrgisterod) IaIF- sender's receipt attached hereto,and upon the appellee,(name) ;on 2Rl raonaFeewice�] by(certif(ed)(registered)mail, 4d,�5 sender's receipt attached hereto. (SWORNA)7IRMEQ)AND SUBSCRIBED BEFORE ME THIS_DAYOFAI/eC .gq Signature of ofifcal 1,Afore whft ellldavff was made . ature af'imam liololkg0I ZC4 Title of oWal "- �' �G, G,T �GL�t Froth M ikon M onota ytnberlan MY s �MG ry,c Y Commission Expires the County.Carlisle,PA - First Mon lay oflm�.2014 IOPC 312A-05 ., ROBERT WEBB • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • NO. 2013- 7051 CIVIL TERM • JUAN EVANS • EJECTMENT 414 North Pitt Street : -=-; Carlisle, Pennsylvania 17013 • CIVIL ACTION rn cr' Fri ; Defendant c ) -v ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter by appearance on behalf of the Robert Webb in the above captioned matter. Date: / it, _ Tric D. Naylor, Es I.D. No. 83760 Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff A M ifr CERTIFICATE OF SERVICE I hereby certify that on December )6 , 2013, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Juan Evans 414 North Pitt Street Carlisle, PA 17013/ Trici. D. Naylor, Es;'� t ROBERT WEBB : IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • NO. 2013- 7051 CIVIL TERM • JUAN EVANS . EJECTMENT ` ) r-: r- t :, 414 North Pitt Street • =' Carlisle, Pennsylvania 17013 CIVIL ACTION? T' .-., -< . Defendant (....n „ --. -.1-', rn >c — �... PRAECIPE TO TERMINATE SUPERSEDEAS =C To the Prothonotary: Please terminate the supersedeas in the within action for failure of the defendant to pay monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 when it became due. Respectfully submitted, BARIC SCHERER LLC ' ', ■ Tric{a D. Naylor, squire I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 ()poll /'r 'jOn ,� 1o'7+LV r e (717) 249-6873 r ' , oVPo dens, - ,'s �er�►lna 410014/y- ,ztt90'l � me dve Super SedeaS of *4-- .� ii- 6Qc a Prothonotary Seal of the Court • Deputy • CERTIFICATE OF SERVICE I hereby certify that on December 11, , 2013, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Praecipe To Terminate Supersedeas, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Juan Evans 414 North Pitt Street Carlisle, PA 170"3 ., A 1 ,F Tric'. D. Naylor, . g Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: eihnheti-d4d Civil Cover Sheet Docket No: County ) Cs vPL 13 �Os - TIM The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the tiling and service of pleadings or other papers as required by law or rules of court. commencement of Action: S Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Na Lead Defendant's Name: T V obedY-i- l ebb c1 n a.)-,S DollarAmount Requested: 0ti arbitration limits I Are money damages re uested?AYes ❑ No (check one) outsid e aritraio n limits O N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? *Yes ❑ No A Name of Plaintiff/Appellant's Attorney:Vi e�i `. t I J 1)/ ❑ ( heck here if you have no attorrreti (are a Self-1 epresented Pro Se) 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I . TORT Ot_�hR a�� v� Cpn_6 CI • Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: 0 Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus O Landlord/Tenant Dispute ❑Non-Domestic Relations • Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 ROBERT WEBB and : IN THE COURT OF COMMON PLEAS OF KRISTINA M. WEBB, • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs v. NO. 2013- 7051 CIVIL TERM • JUAN EVANS EJECTMENT 414 North Pitt Street Carlisle, Pennsylvania 17013 • CIVIL ACTION • Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, Pennsylvania 170137 r? X (717) 249-3166 r CJ r - • ROBERT WEBB and • IN THE COURT OF COMMON PLEAS OF KRISTINA M. WEBB, • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs v. • NO. 2013- 7051 CIVIL TERM • JUAN EVANS • EJECTMENT • 414 North Pitt Street Carlisle, Pennsylvania 17013 • CIVIL ACTION • Defendant COMPLAINT NOW, come Plaintiffs, ROBERT WEBB and KRISTINA M. WEBB, by and through their attorneys, BARIC SCHERER LLC, and file the within Complaint and, in support thereof, set forth the following: 1. Plaintiffs, Robert Webb and Kristina M. Webb, husband and wife, are adult individuals with a residence address of 191 Meadow Lane, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Juan Evans ("Evans"), is an adult individual with a residence address of 414 North Pitt Street, Carlisle, Pennsylvania 17013. 3. Plaintiffs are the owners of a certain residential real property known as 414 North Pitt Street, Carlisle, Pennsylvania 17013 ("leased premises"). 4. On or about December 26, 2012, the parties entered into a Residential Lease Agreement ("Lease Agreement") for the leased premises. A true and correct copy of the Lease Agreement is attached hereto as Exhibit"A" and is incorporated by reference. 5. The Defendant is identified as the Tenant and the Plaintiffs are identified as Landlord under the Lease Agreement. 6. The Lease Agreement sets rent at$875.00 per month during the term of the lease. 7. The Lease Agreement provides for a late charge in the amount of$25.00 for rent that is more than two (2) days late and $25.00 for every two (2) days late thereafter. 8. Under the Lease Agreement, the Tenant is responsible for water and sewer utilities. 9. Under the Lease Agreement, it is considered a breach of the lease if the utility payments are delinquent by thirty (30)days. 10. Under the Lease Agreement, Tenant agrees to pay Landlord's lawyers' fees and costs. 11. On or about July 25, 2013, Plaintiffs provided Defendant with a Notice To Quit. A copy of the Notice To Quit is attached hereto as Exhibit`B" and incorporated herein by reference. 12. Defendant failed to vacate the leased premises after expiration of the applicable notice period. 13. As of December 19, 2013, Defendant owes rent in the amount of$6566.00 minus a security deposit in the amount of$875.00 for a total rent due of$5,691.00. 14. As of December 19, 2013, Defendant owes late fees in the amount of$300 for failure to pay on the first of the month and additional late fees of$2600.00 for a total of $2,900.00. 15. As of December 19, 2013, Defendant owes Plaintiffs court costs in the amount of $325.40. 16. Plaintiffs have incurred attorney's fees in the amount of$400.00 as of December 19, 2013. 17. Defendant failed to pay the water/sewer utility bills for the lease premises in the amount of$5,993.85. COUNT I- EJECTMENT 18. Plaintiff incorporates by reference paragraphs one through seventeen as though set forth at length. 19. On July 25, 2013, Defendant was served with a Notice to Quit. 20. Defendant refused to vacate premises after expiration of the applicable notice period. 21. Defendant has breached his obligation to pay rent and late charges for the leased premises to Plaintiffs. 22. Defendant has breached his obligation to pay the water utilities. 23. Defendant has breached his obligation to pay court costs and attorney's fees to Plaintiffs. 24. By virtue of Defendant's breach of his obligations under the Lease Agreement, Plaintiffs are entitled to possession of the leased premises. WHEREFORE, Plaintiffs request judgment in ejectment be entered in their favor and against Defendant and all others who may be residing in the premises together with costs and expenses of this action. COUNT II—BREACH OF CONTRACT FOR RENT, OTHER FEES AND CHARGES 25. Plaintiffs incorporate by reference paragraphs one through twenty-four as though set forth at length. 26. As of December 19, 2013, Defendant owes rent in the amount of$6,566.00 minus a security deposit in the amount of$875.00 for a total rent due of$5,691.00. 27. As of December 19, 2013, Defendant owes late fees in the amount of$300 for failure to pay on the first of the month and additional late fees of$2600.00 for a total of $2,900.00. 28. As of December 19, 2013, Defendant owes Plaintiffs court costs in the amount of $325.40. 29. Plaintiffs have incurred attorney's fees in the amount of$400.00 as of December 19, 2013. 30. Defendant failed to pay the water/sewer utility bills for the lease premises in the amount of$5,993.85. 31. The delinquent water/sewer bill is a lien on the leased premises. 32. By virtue of Defendant's failure to pay the debts owed to Plaintiffs and to the pay the water/sewer utility bill, Defendant has breached the terms of the Lease Agreement. WHEREFORE, Plaintiffs request judgment in their favor and against Defendant in the amount of$15,310.25, plus any additional charges for rent, late fees, other charges, legal fees and costs which may become due and payable after December 19, 2013. Respectfully submitted, BARIC SCHERER LLC / 4# Trici. D. Naylor, Es► I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. A DATE: /0219'/3 iRobertW nvs71 a M. eb CERTIFICATE OF SERVICE I hereby certify that on December, 2013, I, Tricia D.Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Complaint, by first class U.S. mail,postage prepaid,to the party listed below, as follows: Juan Evans 414 N. Pitt Street Carlisle, Pennsylvania 17013 7- Tricia D. Naylor, '. squire RESIDENTIAL LEASE AGREEMENT 414 NORTH PITT STREET, CARLISLE, PA 1. STARTING AND ENDING DATES OF THIS LEASE(also referred to as "TERM"): A. Starting Date:This Lease begins on: utWilial7 I dOL3 , at 12:00pm B. Ending Date: This Lease ends on: c14,4 am, I g2r'l ,at 12:00pm 2. Property:414 North Pitt Street,Carlisle, PA I House Phone#(land line): Tenant cell phone#: Tenant cell phone#: 3. Number of person(s)residing at residence (414 North Pitt Street,Carlisle, PA) Names of Tenants(list all): Adult: d(,tj,;1 .ii e,J i Child: /vii HrlJit l!'L'5c 4+/11,t13 Adult: Child: 511.41rkWIA Y.ere-r evip.ki Adult: Child:/iiA Sl t/i".+' 644.5 Adult: Child: 4. Landlord/Property Owner: Bob&Kris Webb illiiiIIIMIS 5. Agent for the Landlord:N/A 6. Renewal Term: This Lease will automatically Renew for a term of(1)ONE YEAR at the Ending Date,Unless: A. Tenant gives Landlord sixty(60)days written notice before ending date Or B. Landlord gives Tenant five(5)days written notice before ending date EXHIBIT "A" Tenants Initials Lgfidlords Initials page 1 of 10 7. Rent: A. The Total amount of Rent due over the Term of this Lease $ /0.55L22 12 B. The Total Rent due on or before the First(15t)day of the month $ Z f,J5O0 C. Tenant pays a "late charge"of$25.00 if rent is more than two(2)days late For every two(2) days after, an additional$25.00 fee will be charged until rent is paid in full D. Rent will increase$100.00 per month immediately for each additional person (adult or child) who resides in the property that is not listed on this lease.Tenant is responsible for notifying the landlord if this should occur E. Tenant makes payments to Bob or Kris Webb 8. Before Moving In,Tenant to pay: Due Paid A. Pro rated month's rent if Tenant takes possession before the first regular due date$ 0,123 W jtt spe B. First Month Rent $�f'i5;.7-$ C. Other, (Security Deposit) $rtfr4_ QLo55"1 Total rent and security deposit received to date $ $_ Total amount due prior to Tenant takes possession of property....$ 9. Possession: _, A. Tenant may move in(take possession)of the property on the Starting Date of this lease B. If for any reason the landlord is unable to give possession of the property to the tenant on the above commencement date, Landlord shall not be subject to any liability nor shall the validity and expiration date of this lease be affected. Under such circumstances,the tenants obligation to pay the rent shall abate for the period from such commencement date to the date the landlord tenders possession of the property to the Tenant. 10. Use of the Property:414 North Pitt Street, Carlisle, PA A. Tenant will use the Property as a residence B. No more than Four(4) people to reside on the property UNLESS approved by the Landlord 1,004 /gale};) c cJn ,&p z.! g , j/25 iJ f' Tenants Initials andtordfl fia" rs page 2 of 10 11. Utilities and Services: A. Landlord will pay for: —cold/hot water _ heat heater maintenance gas _ phone/cable _lawn/shrubbery care _Electricity _snow removal _water cost _trash removal sewage/maint. —other B. Tenant will pay for: _x_cold/hot water _x_ heat —heater maintenance n/a_gas _x_ phone/cable _x_lawn/shrubbery care _x_Electricity _x_snow removal _x_water cost _x_trash removal _x_sewage/maint. _x_other-_all utilities_ C. Tenants utility responsibilities:Tenant is responsible for all noted utilities. If a utility payment is delinquent, it will be turned off. If a utility payment is delinquent by Thirty(30)days, it will constitute as breaking the lease and the tenant will have to vacate the property permanently without refund . All Utility payments that are the Tenants responsibility must be paid in full and on time. Landlord reserves the right to terminate or have terminated any utility if the Tenant is delinquent in payment which will also constitute the Landlords right to have the tenant vacate the property permanently without refund. 12. Condition of Property: Tenant understands that the Landlord will make no repairs, additions, or changes to the property except as follows: 13. If Property was built before 1978:Lead Hazards Disclosure Requirements A. The residential Lead-Based paint Hazard Reduction Act states that any landlord of a property built prior to 1978 must give the tenant an EPA pamphlet titled "Protect Your family from Lead in your Home".The landlord also must tell the tenant what the Landlord knows about lead- based paint and or any possible lead-based paint hazards in or on the property being rented. Landlord must notify the tenant of the location of any know lead-based paint/hazards.The act does not apply to any dwelling built in 1978 or later. 7-7 Tenants Initiar landlords Initials page 3 of 10 14. Lead Warning Statement(continued): Housing built prior to 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not taken care of properly. Lead exposure Is especially harmful to young children and pregnant women. A. Landlord Initial: 7`' Landlord does not know of any lead-based paint hazards (dangers)on the Property And/Or Landlord knows that there is lead-based paint, or that there are lead based paint hazards On the property. Landlord must explain what the Landlord knows about the lead-based Paint and hazards, including how the Landlord of its presence,where it is located and the Condition of painted walls,trim and other surfaces. Landlord must give Tenant any other Information the Landlord knows about any potential lead-based hazards B. Landlord Initial one: Landlord has no reports or records about Lead-Based paint or Lead-Based paint hazards On the property Landlord has given Tenant all available records and reports about lead-based pain or Lead-based hazards at the property. List records and reports: C. Tent,Initial all that are true: c..4 Tenant received the pamphlet-Protect your Family from Lead in Your Home Tenant read the information Landlord gave in paragraph 14(A)and (B)above. 'es.nrcceived all records and reports that Landlord listed in paragraph 14(B) D. Landlord/Tenant certify: By signing this lease, that the information given is true to the best of Their knowledge E. Agents involved in the transaction certify, by signing here that: 1) The information given is true to the best of their knowledge 2) They have told the Landlord of Landlords responsibility under the Residential Lead-Based Paint Hazard Act(42 U.S.C.4852d),described in the Lead Hazard Disclosure Requirements above.Agents must make sure the Landlord gives tenant information required by the Act. r' - Tenants Initi __-�LandIo des`itials page 4 of 10 15. Rules and Regulations: A. Rules for the use of the Property are attached: YES NO B. Tenant agrees to obey the rules(see rules and regulations attachment) 16. Tenants care of Property:Tenant is responsible for all guests,to ensure that they follow all laws and Regulations A. Tenant will: 1. Keep the Property Clean and Safe 2. Dispose of all trash,garbage and any other waste material as required by the landlord and the Law 3. Use care when using any electrical, plumbing, ventilation or other facilities or appliances on the property. 4. Notify Landlord immediately of any repairs needed. Landlord is not responsible for any damage caused by the tenants willful, careless or unreasonable behavior. B. Tenant will not: 1. Keep any flammable materials on the property 2. Willfully destroy or deface any part of the property 3. Disturb the peace and quiet of other tenants 4. Make changes to the property, such as painting or remodeling without written permission of the Landlord Tenant understands that any changes or improvements will remain on the property C. Repairs by the Tenant: 1. Tenant will pay to repair any/all damage to the property or to any item on the property that the tenant or Tenants guest cause 17. Landlord will maintain Property(if applicable): A. Landlord will keep all the structural parts of the property in good working order B. Landlord will keep property reasonably free from pest, rodents and insects.This does not apply if property is a single-family dwelling and or if it Tenants is the cause C. Landlord will supply utilities and services as listed in paragraph 11(utilities and services)of this lease, unless the service is interrupted by circumstances beyond the Landlords control 18. Landlords right to enter: A. Tenant agrees to let the Landlord or Landlords representative enter the property at reasonable hours to inspect, repair or show the property to prospective buyers. B. Landlord will give the tenant Twelve(12)hours notice of date,time and reason for the visit. In case of an emergency,the Landlord may enter the property without permission or notice. if the tenant is not present,the Landlord will notify tenant and state who was present and why. ‘7 Tenants Initi /--""r—dr—d—an or s Initials page 5 of 10 19. Security Deposit: A. Landlord cannot make the Tenant pay a security deposit of more than two (2) months rent the first year and one (1)months rent after the first year B. Landlord can use the security deposit to pay for any unpaid rent and damages that are the tenants responsibility C. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the security deposit. D. When Tenant moves from the property,tenant must return all keys and give the Landlord written notice of tenants new mailing address 20. Rent Increases: A. If the lease is for a term of more than one(1)year,tenant agrees to pay tenants share of any increase in real estate taxes and water/sewer charges(if applicable) B. If Tenants actions cause an increase in property insurance,tenant will be responsible for the increased amount plus 10% C. Landlord does however,with thirty(30)day notice reserve the right to increase the rent for any reason in expenses and or operating cost 21. No Pets:Tenant will not keep any pets on any part of the property unless written approval from Landlord 22. Smoke Detectors: A. Tenant will maintain and test(monthly) all smoke detectors on the property B. Tenant will notify Agent or Landlord of any broken smoke detectors C. Tenant will assume responsibility for any damage to property if tenant fails to maintain smoke detectors 23. Fire or other Damage: A. if the Property is accidentally damaged by fire,flood,ect....: 1. Tenant may continue to live in the livable part of the property and pay a reduced rent as agreed by Tenant and landlord until the property damage is repaired; if the Law does not allow or property is inhabitable,the lease will be terminated with no penalty to the Landlord 2. If it is not possible for the tenant to remain on the property,tenant must notify the Landlord immediately that the lease will have to be ended and will have to move out within 24 hours 3. If Tenant,Tenants family,guest, ect, cause damage by fire or other means,this lease will remain in effect and tenant will be responsible to continue paying rent even if the tenant can not occupy the property 24. After Notice to End Lease: A. After tenant or Landlord has given written notice to end this lease, Landlord may show the property to possible tenants B. Landlord may put up and post a "For Rent"or"For Sale"sign on or near the property C. Tenant agrees to move out peacefully when lease is ended Tenants Initials an ords Initials page 6 of 10 25. Abandoned: A. Any and all property which may be left on the property after a breech/termination of this lease may be handled, removed,or otherwise disposed of by the Landlord at the risk and expense of the tenant. Landlord shall not be responsible for any personal property that is left on the premises nor provide reimbursement or storage for any property belonging to the tenant. Tenant hereby expresses consent to sale, removal,disposal or any other disposition of the property by the landlord.Tenant shall pay all expenses incurred. 26. If Tenant Breaks the Lease: A. Tenant breaks this lease if: 1. Tenant does not pay the rent or any other charges on time 2. Tenant leaves the property before the end of the lease 3. Tenant does not move out when supposed to 4. Tenant fails to abide by all rules and regulations in this lease B. Non Payment of Rent 1. If tenant breaks lease by failure to pay rent or other charges on time, Landlord has the right to evict the tenant from the property. If tenant refuses to leave the property, Landlord will file a lawsuit. If law suit is filed,all additional cost will be added to the amount owed by the tenant. C. Other Lease Violations: 1. If tenant breaks any other term of this lease, Landlord will give the tenant verbal and or written notice describing the violation and allow the Tenant five (5)days to correct the problem. In the event the tenant does not correct the problem, landlord can then give the tenant five(5)days notice to move from the property permanently. If tenant refuses to leave the property, Landlord will file a lawsuit. If law suit is filed, all additional cost will be added to the amount owed by the tenant. D. If Tenant Breaks the Lease for any reason, Landlord may: 1. Take possession of the property. If Landlord hires a Lawyer to start eviction, tenant agrees to pay the lawyers'fees and Landlords costs 2. File a lawsuit against tenant for rent and or other charges for the remainder of the lease Tenants Initi-Is Landlords Initials page 7 of 10 27. Sale of the Property: . A. If the property is sold, the Landlord will give tenant in writing, on or within (5) days of the settlement: 1. The name,and phone number of the new Landlord/owner 2. Notice that security deposit has been transferred to the new Landlord/owner providing the tenant doesn't owe anything prior to sale B. Tenant agrees that the Landlord may transfer tenant's money to the new Landlord/Owner C. Tenant understands that the landlord will have no duties regarding this lease after the property is sold and the new owner has the right to end this lease D. In the case if the property is sold, it is possible the new owner may request that the lease be terminated. In this case the tenant will have to move out. 28. If Government takes property: A. The Government or other public authority can take private public property for use,the taking is called condemnation. B. If any part of the property is taken by the government the landlord will reduce the tenants rent proportionately. If all of the property is taken or is no longer usable,this lease will be terminated and tenant must move out. Landlord will not return any unused security deposit or advanced rent to the tenant. C. No monies paid to the Landlord for the condemnation of the property will belong to the tenant. 29. Subletting or Assignment: A. Landlord may transfer this lease to another Landlord/Owner.Tenant agrees that this lease remains the same with the new Landlord upon reassignment. B. Tenant shall not assign this lease or any interest in it,or sublet the apartment or property without Landlords prior written consent, which consent Landlord may in a manner conclusively refuse. 30. Tenant has fewer rights than Mortgage Lender: A. Landlord may have a mortgage on the property. If so, Landlord agrees to make mortgage payments providing rent is paid to date.The rights of the mortgage lender come before the rights of the Tenant B. If there is a foreclosure,tenant understands that the new owner has the right to end the lease 31. Mediation: A. Mediation is a way of resolving problems.A mediator helps the disputing parties reach an agreeable solution without having to involve the courts Tenants Initial —Landlords Initials page 8 of 10 32. Insurance and Release: A. Tenant understands that: 1. Landlords Insurance does not cover the Tenant,Tenants belongings, property,or guests 2. Tenant should have fire and liability insurance to protect the Tenant,Tenants belongings, property and guests that might be injured or damaged on the property 3. Landlord is not legally responsible for any injury or damage that occurs on the property and the tenant agrees to pay any loss claim, including attorney fees that may result from the damage or injury. 4. Tenant is responsible for any and all loss the Landlord may encounter that the tenant,tenants family or guest may cause. 33. Captions:The headings on this lease are meant only to make it easier to find paragraphs. 34. Entire Agreement:This Lease is the entire agreement between the Tenant and Landlord. No spoken or written agreements made before this is part of this lease unless it is stated in the lease. 35. Notice before signing: This lease is a legal contract.If the tenant has legal questions,the Tenant is advised to consult with a lawyer before signing this lease. TENANT / ._.. .... DATE /`'Z ��.4%<1 TENANT ,j' DATE TENANT DATE TENANT DATE LANDLORD l,%"!/ DATE 4 - 6'fds LANDLORD DATE Tenants lniti • Landlords Initials page 9 of 10 Mr.Juan Evans 414 North Pitt Street Carlisle, PA July 25,2013 TO TENANT(S)AND ALL OTHERS IN POSSESION OF THE PREMISISLOCATED AT: 414 North Pitt Street,Carlisle, PA Mr.Juan Evans, PLEASE TAKE NOTICE,that pursuant to the lease and or rental agreement dated February 2013 under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in excess of $2700.00 plus all late charges, unpaid utilities,damages, ect. as of July 25,2013. PLEASE TAKE FURTHER NOTICE that, as per the signed lease,you have(5)days from this date to pay all monies owed in full or quit the quit the subject premises, move out and deliver up possession of the same to Robert Webb(Landlord/Owner). Failure to pay the monies owed in full and vacate the premises within the agreed upon (5) Days will result institute an eviction lawsuit against you to recover all rent owed, late fees,damages,any unpaid utilities as well as the possession of the said premises. This letter is intended as(per the lease agreement)the (5)day written notice for the purpose of demanding rent be paid in full. Dated:July 25, 2013 BY: Robert Webb 717-571-8623 EXHIBIT "B" r - ROBERT WEBB • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • NO. 2013- 7051 CIVIL TERM c • 3 = JUAN EVANS • mra t x?3-T` Defendant : CIVIL ACTION c„r— („) c-) ca PRAECIPE TO ENTER DEFAULT JUDGMENT v ct) PURSUANT TO Pa.R.C.P. 1037 cr ;' TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Robert Webb and against the Defendant, Juan Evans, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the Notice of Default is appended hereto as Exhibit"A." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit"B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of$15,310.25 as set forth in the Complaint, plus attorney's fees of$192.50 for a total judgment amount of$15,502.75. Respectfully submitted, BARIC SCHERE: LLC Tricia D. 'i aylor, .. •uire I.D. # 83"60.._��, 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 44. 5-0,0/1 Ctc2C9815— 3o/// / A4A //&1 ROBERT WEBB IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2013- 7051 CIVIL TERM JUAN EVANS • Defendant CIVIL ACTION TO: Juan Evans 414 North Pitt Street Carlisle,Pennsylvania 17013 Date of Notice: January 14, 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 NOTICE TO A 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 THE 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, Pennsylvania 17013 (717)249-3166 BARIC SCHERER LLC evv T is D.Naylor, squire 19 West South Str- Carlisle, PA 17013 (717)249-6873 EXHIBIT "A" aUNITED STATES $ POSTAL SERVICE. Certificate Of Main! _ ;m This Certificate of Mailing provides evidence that mail has been presented to USPS®for mail i3 N This form may be used for domestic and international mail. c� 1 p I jilij From: 603,ici S,an x, Lte , t61 i Soh S d CarlislJ) Pi 11D13 To: \\ n t N r 1 J o-�' . _t- .in CO' O.--J�a> +I4 l'` arl'in P1Ak .1-r Iry �'Wm�v ,rlisle , ?R 11013 �cm m PS Form 3817,April 2007 PSN 7530-02-000-9065 EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on January 3D , 2014, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Juan Evans 414 N. Pitt Street Carlisle, PA 17013 Tricia 11 Naylo , _ quire