HomeMy WebLinkAbout05-0626
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 05 &24a 4elll
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 District Justice on
the date and in the case referenced below.
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Ihis blocK will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signal. of P hon ., ar 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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothono ry
?JrlvwEmgr?
?)n. e
Enter rule upon - r 1 t 1 Ca-c appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ?_) - ) within twenty (20) days after service of rule or suffer entry of judgment of non pros
Signature of appellant or attorney or agent
RULE: To rn ?f P rum c%t rn , 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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. /?
Date: 2k - dk ? , 20US ? SG
Signature of Prothefiotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTI RANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; 3s
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
, 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of ofliciet before whom affidavit was made
(A
I
Signaturv ofateant
Title ofoAldal
My commission expires on , 20
AOPC 312A-02
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Dist. No.'.
09-2-01
DJ Name: Hon.
PAULA P. CORREAL
Atldrl 1 COURTHOUSE SQUARE
CARLISLE, PA
Telephone: (717 ) 240-6564 17013-0000
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
FMLENNEMAN, RIM W
1424 BRADLEY DR APT/STS D212
CARLISLE, PA 17013
L J
vs.
DEFENDANT: NAME and ADDRESS
rCLARK, DARIN, ET AL.
901 SADLER COURT
CARLISLE, PA 17013
DARIN CLARK
901 SADLER COURT
CARLISLE, PA 17013
L J
DocketNo.: LT-0000454-04
Date Filed: 12/15/04
THIS IS.TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
?
LJ Judgment was entered for: (Name) BREffi1SMA1Q .-"KIM w
Judgment was entered against CLARK REBECCA in a
Landlord/Tenant action in the amount of $ 5,278.72 on 1/07/05 (Date of J udgment)
The amount of rent per month, as established by the District Justice, is $ 1,300.00.
The total amount of the Security Deposit is $ 1,300.00
Total Amount Establish d J ess Securit De osit A li d
Y P P?? -
0? - = Ad•udicated ou
?>?
1 Z
Rent in Arrears $
Physical Damages Leasehold Property $ $
3,873 . 59- $ 1,300.00 = $
$ ,
2,5 3.59
Damages/Unjust Detention $ -'Q0 - $ -0o - $ .00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ _no
UT Judgment Amount $ ,173 _5g
Attachment Prohibited/ Judgment Costs $ 105.13
42 Pa.C.S. § 8127 Attorney Fees $ .00
This case dismissed without prejudice. Total Judgment $ 5,278.72
u Possession granted.
L] Possession granted if money judgment is r
Possession not granted.
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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.
IF A PARTY WISHES TO APPEAL ONLY 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTQR'PAj IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. `
1-7-0Date District justice
certl y t at t Is Is a true an cor y o t e ec r t procee In s nt Ining t o Iu "gment.
Date + ??- ? - v?'v^?- " , 7istrict Justice
My commission expires first Monday of January, 2006 SEAL
KEVIN D. & KIM W. BRENNEMAN IN THIE COURT OF COMMON
PLEAS OF CUMBERLAND
VS. COUNTY PENNSYLVANIA
DARIN & REBECCA CLARK NO. 05-626
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set fourth in the
following pages, you must take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may loose money or property or other rights important to you.
Kevin D. & Kim W. Brenneman
901 Sadler Court
Carlisle, PA 17013
KEVIN D. & KIM W. BRENNEMAN
VS.
DARIN & REBECCA CLARK
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 05-626
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiffs are Kevin D. & Kim W. Brenneman who resides at 901 Sadler Court,
Carlisle, Pa 17013
2. Defendants are Darin & Rebecca Clark previously residing at 901 Sadler Court,
Carlisle, Pa 17013.
3. Plaintiffs are the owners of 901 Sadler Court, Carlisle, Pa 17013.
4. A lease agreement was made and entered into on December 19, 2003 between
Kevin D. Brenneman & Kim W. Brenneman, Plaintiffs, and Darin & Rebecca
Clark, Defendants for the premises situated at 901 Sadler Court, Carlisle, County
of Cumberland, State of Pa.
5. This lease agreement was for a term of one year, to commence on February 1,
2004 and end on February 1, 2005.
6. The Defendants agreed to pay, without demand, to the Plaintiffs as rent for the
demised premises the sum of $1300.00 per month in advance on the first day of
each calendar month beginning February 1, 2004.
7. A Security Deposit on execution of the lease was deposited with the Plaintiffs for
the amount of $1300.00
8. On December 6, 2004 the Plaintiffs called Darin Clark on his cell phone
to inquire as to when they could expect rent that was to be due on December
1, 2004. During the conversation the Defendant told the Plaintiffs that
the rent was mailed on Saturday December 4, 2004.
9. On December 7, 2004 the Plaintiffs still had not received rent for December
1, 2004.
10. On December 8, 2004 the Plaintiffs sent by certified mail and posted
notice notifying the Defendants demanding immediate payment of the unpaid
rent due under the terms of the rental agreement. The Plaintiffs also sent by
certified mail a Notice to Vacate or Re-New Lease.
11. On December 8, 2004 the Plaintiffs took pictures of the posted notice and
the exterior of the property.
12. On December 9, 2004 the Plaintiffs took copies of the pictures to the Codes
Office at the Borough of Carlisle. At that time the Codes Officer stated that
he would serve a notice to the Defendants concerning a violation of Code
183 (BOCA National Property Maintenance Code 1996)
13. On December 9, 2004 the Plaintiffs checked with the Borough to see if the
Defendants were current on their water bill payment. At that time the
Plaintiffs were told that notice to shut off the water at 901 Sadler Court Carlisle,
Pa 17013 had been posted for an unpaid balance of $219.48
14. On December 16, 2004 the Plaintiffs received a phone call from a neighbor
informing them that the Defendants were in the process of moving out of the
property located at 901 Sadler Court, Carlisle, PA 117013.
15. On December 16, 2004 the Plaintiffs called the Defendant Rebecca Clark on her
cell phone. Per conversation the Defendant told the Plaintiffs that they were
relinquishing possession of 901 Sadler Court, Carlisle Pa 17013 by December 19,
2004. Per conversation the Plaintiffs at that time told the Defendants that if they
paid the water bill, cleaned up the trash outside and left the property in a clean
and an undamaged state that the Plaintiffs would riot follow suit for the rents due
for January 2005. The Defendant, Rebecca Clark told the Plaintiff, Kim W.
Brenneman that she would pay the water bill on ]Friday December 17, 2004 and
then return to 901 Sadler Court, Carlisle, Pa 17013 to clean and remove the
remaining trash.
16. On December 19, 2005 the Plaintiffs went to 901 Sadler Court, Carlisle, PA
17013 to inspect the property. During the inspection the interior and exterior of
the property was found to be in extremely poor condition. See attached pictures
and list of damages. The house was dirty, smelled of cat and dog, the toilets were
full of human fecal matter and there were about 20 Borough Trash bags left in the
back yard. Several pieces of door molding was broke, there were holes in the dry
wall in several areas of the house, the ceramic tiles in the bathroom and kitchen
were broken, the refrigerator was very dirty and food was left behind. At that
time the Plaintiffs called to ask the Defendants to not enter the property and that
the Plaintiffs intended to pursue legal recourse.
17. On December 20, 2004 the Plaintiffs went to the Borough to check to see if the
Defendants had paid the water bill. The water bill still had not been paid and at
that time the Plaintiff paid the balance in full for the amount of $219.48 and made
arrangements to have the water turned back on.
18. On December 24, 2004 the Plaintiff received the unclaimed certified mail that
was sent to the Defendants.
19. As a direct result of the Defendants default of the Lease Agreement and the
damages to 901 Sadler Court, Carlisle, Pa 17013 the Plaintiffs had to sell
their condo in which they were residing at 1424 Bradley Dr. Carlisle, Pa 17013
to obtain money's to make the needed repairs on 901 Sadler Court, Carlisle, Pa
17013. The Plaintiffs then had to move back into 901 Sadler Court, Carlisle, Pa
17013.
20 The Plaintiff suffered damages as follows:
Replaced carpet in living room, family room and back bedroom $5000.00
Repair Dry wall $1000.00
Cleaning and Trash removal $500.00
Replacement of Locks $75.17
There are still many more repairs yet to be made. See Attached list of estimated
Repairs for Judgment Clarification.
As direct result of Defendants breach, Plaintiff request judgment against Defendants in
the amount of $5,278-72
VERFICATION
We hereby state that we are adults who are authorized to make this verification
and that the facts set forth in the foregoing Complaint are true to the best of my
knowledge, information, and belief. We understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
February 16, 2005 Kevin D. & Kim W. Brenneman
2-1-05
NOTARI
'FVIN M STRICKLANAW NTY
PUDLI
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Total
Paid by:
Cash
Change Due
$6.00
$0.29
demanding that you make immediate payment of the unpaid
al agreement covering the following property:
Order stamps at USPS.com/shop or call
1-800-3tamp24. Go to
USPS.com/clicknship to print shipping
labels with postage. For other
information call 1-800-ASK-USPS.
Bill: 1000701118753
:lerk: 05
cember payment is 8 days past: due. Your rent was due on
)u owe late charges as provided by the lease.
- All sales final on stamps and postage. -
Pefunds for guaranteed services only.
Thank you for your business. he total amount due:
Customer Copy
Late charges
Tonal
1.00
$25.00
$1,325.00
This is a serious situation which requires your immediate attention. If payment is not received by
December 15, 2005, legal action to enforce your obligations under the rental agreement may be
taken.
I can be contacted if you have any questions or need additional information. I can be contacted
by phone at(717)258-6356 or(717)226-5583.
Sincerely,
KEVIN & KIM BRENNEMAN
$? V
?S 26
C
¢? Om
7
Enna a'C5?
naaz
$5.71
/
KEVIN D. & KIM W. BRENNEMAN
1424 BRADLEY DR. D212
CARLISLE, PA 17013
717-226-5583
717-258-6356
DECEMBER 8, 2004
NOTICE TO VACATE OR RE-NEW LEASE
TENANT(S): DARIN & REBECCA CLARK
PREMISES: 901 SADLER COURT
CARLISLE, PA 17013
LEASE EXPIRATION DATE: FEBRUARY 1, 2005
RENT INCREASE: $1350.00 MONTHLY
INSTRUCTIONS:
1. PLEASE INDICATE IF YOU WISH TO RE-NEW YOU LEASE, OR IF YOU INTEND TO
VACATE BY EHE EXPIRATION OF YOUR CURRNET LEASE BY CIRCLING EITHER "RE-
NEW" OR "VACATE". IF Y OU WISH TO EXECUTE THE OPTION TO PURCHASE THE
PROPERTY AT 901 SADLER COURT, CARLISLE, PA 17013 WE WILL NEED A SIGNED BILL
OF SALE AND PROOF OF APPLIED FOR MORTAGE FOR $165,000.00, WHICH THIS PRICE IS
NAGOTIABLE, ON OR BEFORE FEBRUARY 1, 2005.
2. PLEASE BE SURE TO SIGN AND DATE THIS NOTICE.
3. PLEASE RETURN THIS COMPLETED NOTICE TO YOUR LANDLORD IN THE ENVELOPE
PROVIDED BY JANUARY 1, 2005.
PLEASE CIRCLE WHETHER YOU WISH TO RE-NEW OR VACATE
RE-NEW LEASE OR VACATE
NOTICE TO OWNER, WE, DARIN & REBECCA CLARK, AGREE TO RE-NEW OUR LEASE FOR A
MONTH - TO -MONTH BASES AT THE RENT OF $1350.00 BEGINNING FEBRUARY I, 2005. I
UNDERSTAND THAT THE TERMS, RIGHT AND CONDITIONS IN OR ORIGINAL LEASE WILL
APPLY AS AGREED WITH THE AMMENDMENTS LISTED BELOW.
OR
WE INTEND TO VACATE THE PREMISES ON , LEAVING THE
PROPERTY IN GOOD CONDITION AS AGREED IN MY LEASE, NO LATER THAN THE
EXPIRATION OF THE TERM OF OUR LEASE.
LEASE AMMENDMENTS:
RENT SHALL BE DUE THE FIRST OF EVERY MONTH. IF THE RENT IS RECEIVED AFTER THE
FIRST OF EVERY MONTH THERE WILL BE A $25.00 LATE FEE PLUS $5.00 A DAY LATE FEE
UNTIL RENT IS RECEIVED.
TENANT'S ARE TO GIVE IN WRITING TO LANDLORD A 30-DAY NOTICE PRIOR TO
VACATING THE PREMISES.
TENANT'S SIGNATURE
DATE:
TENANT'S SIGNATURE
Darin & Rebecca Clark
901 SADLER COURT
CARLISLE, PA 17013
December 18, 2004
KEVIN & KIM BRENNEMAN
1412 BRADLEY DR.
CARLISLE, PA 17013
Dear KEVIN & KIM BRENNEMAN:
This letter notifies you that I will be unable to fulfill the lease agreement I signed, which is
effective from February 01, 2004 to February 01, 2005.
The reasons for terminating the lease are as follows: Terminating the lease for personal reasons.
i will be vacating the premises at 901 SADLER COURT, CARLISLE, PA no later than
December 19, 2004.
My forwarding address is:
We, Darin & Rebecca Clark, understand that the water bill must he paided in full by us and that
the property is to be left in a clean and undamaged condition before the last months rent of
1300.00 will be waived. We also understand that the security deposit of 1300.00 will not be
refunded to us. It will be applied for rent due for the monnth of December 2002.
Please contact me if you have any questions or need additional information. I can be contacted
by phone at
Thank you for your cooperation.
Sincerely.
Darin & Rebecca Clark
KEVIN & KIM BRENNEMAN
1412 BRADLEY DR. 212
CARLISLE. Pennsylvania 17013
December 08, 2004
Darin & Rebecca Clark
901 SADLER COURT
CARLISLE, PA 17013
Dear Darin & Rebecca Clark:
This letter is a formal notice to you demanding that you make immediate payment of the unpaid
rent due under the terms of the rental agreement covering the following property:
901 SADLER COURT
CARLISLE, PA 17013
As of December 08, 2004, your December payment is 8 days past due. Your rent was due on
December 01. 2005. In addition, you owe late charges as provided by the lease.
The following is an itemization of the total amount due:
Unpaid rent $1,300.00
Late charges $25.00
Pohl $1,325.00
This is a serious situation which requires your immediate attention. If payment is not received by
December 15, 2005, legal action to enforce your obligations under the rental agreement may be
taken.
I can be contacted if you have any questions or need additional information. I can be contacted
by phone at (717)258-6356 or (717)226-5583.
Sincerety,
7 1 ?J
KEVIN & KIM BRENNEMAN
KEVIN D. & KIM W. BRENNEMAN
1424 BRADLEY DR. D212
CARLISLE, PA 17013
717-226-5583
717-258-6356
DECEMBER 8, 2004
NOTICE TO VACATE OR RE-NEW LEASE
TENANT(S): DARIN & REBECCA CLARK
PREMISES: 901 SADLER COURT
CARLISLE, PA 17013
LEASE EXPIRATION DATE: FEBRUARY I, 2005
RENT INCREASE: $1350.00 MONTHLY
INSTRUCTIONS:
1. PLEASE INDICATE IF YOU WISH TO RE-NEW YOU LEASE, OR IF YOU INTEND TO
VACATE BY EHE EXPIRATION OF YOUR CURRNET LEASE BY CIRCLING EITHER "RE-
NEW" OR "VACATE". IF Y OU WISH TO EXECUTE THE OPTION TO PURCHASE THE
PROPERTY AT 901 SADLER COURT, CARLISLE, PA 17013 WE WILL NEED A SIGNED BILL
OF SALE AND PROOF OF APPLIED FOR MORTAGE FOR $1165,000.00, WHICH THIS PRICE IS
NAGOTIABLE, ON OR BEFORE FEBRUARY I, 2005.
2. PLEASE BE SURE TO SIGN AND DATE THIS NOTICE.
3. PLEASE RETURN THIS COMPLETED NOTICE TO YOUR LANDLORD IN THE ENVELOPE
PROVIDED BY JANUARY I. 2005.
PLEASE CIRCLE WHETHER YOU WISH TO RE-NEW OR VACATE
RE-NEW LEASE OR VACATE
NOTICE TO OWNER, WE, DARIN & REBECCA CLARK, AGREE TO RE-NEW OUR LEASE FOR A
MONTH - TO -MONTH BASES AT THE RENT OF $1350.00 BEGINNING FEBRUARY I, 2005. 1
UNDERSTAND THAT THE TERMS, RIGHT AND CONDITIONS IN OR ORIGINAL LEASE WILL
APPLY AS AGREED WITH THE AMMENDMENTS LISTED BELOW.
OR
WE INTEND TO VACATE THE PREMISES ON LEAVING THE
PROPERTY IN GOOD CONDITION AS AGREED IN MY LEASE, NO LATER THAN THE
EXPIRATION OF THE TERM OF OUR LEASE.
LEASE AMMENDMENTS:
RENT SHALL BE DUE THE FIRST OF EVERY MONTH. IF THE RENT IS RECEIVED AFTER THE
FIRST OF EVERY MONTH THERE WILL BE A $25.00 LATE FEE: PLUS $5.00 A DAY LATE FEE
UNTIL RENT IS RECEIVED.
TENANT'S ARE TO GIVE IN WRITING TO LANDLORD A 30-DAY NOTICE PRIOR TO
VACATING THE PREMISES.
TENANT'S SIGNATURE
DATE:
TENANT'S SIGNATURE
TE:
Kim & Kevin Brenneman vs. Darin & Rebecca Clark
01/03/05
2 MONTHS RENT 2600.00
FILING FEES 105.13
CERTIFIED MAIL 4188
WATER BILL 219.48
i
17
CHANGE OF LOCKS 75.
/
CLEANING SUPPLIES 24.06
CLEANING OF HOUSE AND GARAGE 8 HRS. AT 20.00 160.00
PAINT 8 ROOMS AT 4 GALLONS EACH 480.00
LABOR TO REPAINT 40 HRS AT 15.00 HR 600.00
REPLACE CARPETS IN
FAMILY ROOM
LIVING ROOM
THREE BEDROOMS
CARPET ON STEPS AND LOWER AREA
BATHROOM TILES /
KITCHEN TILES 20
BATHROOM VANITY IN LOWER BATHROOM 100.00
REDRYWALLLOWER ROOM 200.00
REPLACE BACK SCREEN DOOR 150.00
REPLACE DOG KENNEL 250.00
RESEED & SOIL FRONT YARD XQ&T
TRASH REMOVAL 4 DUMPSTERS FULL AT 80.00 360.00
TOTAL 7828.72 ? Y? 3 S
LESS SECURITY DEPOSIT OF 1300.00
GRAND TOTAL 6528.72 ,5--/`7J y
(? d(ai
j /6 S?
-CV23744
LEASE WITH PURCHASE OPTION
BY THIS AGREEMENT in e and en? into on
between jA' .. x + x?- me LCl / Y.'-z cv ?? herein referred to as Lessor,
and l?'Cl- LX rlL L/?G??C? ?'C<J? herein referred to as Lessee,
Lessor leases to Lessee the premises situated at V O/ d GtCK in
the City of Md t -2-E. /), > , County of (met zc?l t-z ffl ;t1 , State of y ?/ J
and more particularly described as follows:
together wt all appurtenances, for a term of / years, to commence on = / , is?year), and
to end on caJt tEr 7C (year), at /-;, o'clock s7 . M.
1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for the demised premises the sum of
I Dollars ($ per month
in advance on the 14)? day of each calm month beginning 2?- /Wd'LI u() 1 (year), payable at
City of iL-C. )zk , State of
/ L'c1?1G
or at such other place as Lessor may designate.
2. SecurityDeposit. On execution of this lease, Lessee deposits with Lessor
Dollars ($ 13 C)0, receipt of which is
acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee,
without interest, on the full and faithful performance by him of the provisions hereof.
3. Quiet Enjoyment Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee
shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term.
4. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as
and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for any other
purpose. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental
authorities affecting the cleanliness, occupancy, and preservation of the demisod premises, and the sidewalks connected
thereto, during the term of this lease.
5. Condition of Premises. Lessee stipulates that he has examined the demised premises, including the grounds and all
buildings and improvements, and that they are, at the time of this lease, in good order, repair, and in a safe, clean, and
tenantable condition.
6. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or
grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting,
concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license.
An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting
by operation of law, shall be void and shall, at Lessor's option, terminate this lease.
7. Alterations and Improvements. Lessee shall make no alterations to the buildings or the demised premises or construct
any building or make other improvements on the demised premises without the prior written consent of Lessor. All
alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception
of fixtures removable without damage to the premises and movable, personal property, shall, unless otherwise provided by
written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the
expiration or upon sooner termination of this lease.
S. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty
not due to Lessee's negligence or willful act or that of his employe;, family, agent, or visitor, the premises shall be promptly
repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to
O 1992.2002 Made E-Z Products, rue. Page 1 Rev. 03/02
This product does not constimw the rendering of legal advice on scrvices. This product is intended for info lional use only and is not a substitute for legal
advice. Statc laws vary, so consun an anomay on all legal masers. This pmdud urea not neoessvily pmwmd by a person licensed to practice law in your state.
Znna
Kim &I\ t? in Brenneman ??. Darin Kebecca Clark
01103!05
2 MONTHS RENT 2600.'?n
FILING FEES 105.13
CERTIFIED MAIL 4.8
WATER BILL 219.48
CHANGE OF LOCKS 75.17
CLEANING SUPPLIES 24.06
CLEANING OF HOUSE AND GARAGE 8 FIRS. AT 20.00 160.00-
PAINT PAINT 8 ROOMS AT 4 GALLONS EACH 480.00 ..
LABOR TO REPAINT 40 FIRS AT 15.00 HR 600.00 -?
REPLACE CARPETS IN
FAMILY ROOM
LIVING ROOM
THREE BEDROOMS
CARPET ON STEPS AND LOWER AREA
BATHROOM TILES
KITCHEN TILES 20
BATHROOM VANITY IN LOWER BATHROOM L00.00
REDRYWALL LOWER ROOM 200.00 .-
REPLACE BACK SCREEN DOOR 150.00 '
REPLACE DOG KENNEL 250.00
RESEED & SOIL FRONT YARD 880 ???'
TRASH REMOVAL 4 DUMPSTERS FULL AT 80.00 360.00
TOTAL 7828.72 ? C 7 3
LESS SECURITY DEPOSIT OF 1300.00
GRAND TOTAL 6528.72
Kim & ,Kevin Brenneman vs. Darin & Rebecca Clark
01/03/05
2 MONTHS RENT 2600.00 `
FILING FEES 105.13
CERTIFIED MAIL 4.88
WATERBILL 219.48
CHANGE OF LOCKS 75.17
CLEANING SUPPLIES 24.06
CLEANING OF HOUSE AND GARAGE 8 HRS. AT 20.00 160.00-'
PAINT 8 ROOMS AT 4 GALLONS EACH 480.00
LABOR TO REPAINT 40 FIRS AT 15.00 HR 600.00 -?
REPLACE CARPETS IN
FAMILY ROOM
LIVING ROOM
THREE BEDROOMS /
CARPET ON STEPS AND LOWER AREA
BATHROOM TILES
KITCHEN TILES 20
BATHROOM VANITY IN LOWER BATHROOM 100.00
REDRYWALL LOWER ROOM 200.00 .-
REPLACE BACK SCREEN DOOR 150.00 '
REPLACE DOG KENNEL 250.00 '
RESEED & SOIL FRONT YARD -aP?6 "
TRASH REMOVAL 4 DUMPSTERS FULL AT 80.00 360.00 r
TOTAL 7828.72 ? Y? 3
LESS SECURITY DEPOSIT OF 1300.00
GRAND TOTAL 6528.72 ),5-173-VT
7
16S? /3
7r• 7?
c
z1fi/
Borough of Carlisle
53 W. South Street
Carlisle, PA 17013
Cash Receipt
Name: n 'JGrjq (' cqr<
Paid By: 9 \' I n r-e ru
Address: _ I C? QCj ? . (17
Account No:
Misc. Desc:
Amount Paid: -
PAID i%
??J4
Clerk Initials
Y ? r /? 31c
BOROUGH OF CARLISLE
"Committed To Excellence In Community Service"
12/15/2004
DarinClark / f•h; <« (/?rx
901 Sadler Ct_
Carlisle PA 17013
RE: 901 Sadler Ct.
Dear Mr. Clark:
Information was recently received by this office concerning a violation of the Code of the
Borough of Carlisle at the above referenced property. The violation is noted as follows:
Condition in violation: There is trash and rubbish, deer remains, and a dilapidated
pickup truck on the prope ty. Rerwre waste from the wile.
Store trash in covered containers. Remove truck or show that
it is operational.
Chapter of Code: 183 (ROCA National Property Maintenance Code 1996)
Section of Code: PM 303.1, 306.J and 303.8
Deadline for correction: December 27, 2004
Failure to comply with the terms of this notice shall constitute a violation of this code, for
which, upon conviction thereof, you may be subject to a fine of not less than $50 nor
more than $1000. Each day that the violation continues after due notice has been served
shall be deemed a separate offense.
Should you desire to appeal this order, you will have 10 days from the date of your
receipt of this letter to file a written notice of appeal with the Carlisle Board of Appeals
pursuant to Section 5-7 of the Code of the Borough of Carlisle.
Please feel free to contact me should you have any questions regarding this matter.
Sincerely,,
Ray Alen
Code Enforcement Office
aci property file
suspense file (December 27, 2004)
53 West South Street, Carlisle, PA 17013
Tel. (7171 249-4dT)
Name:
Paid By:.
Address:
Borough of Carlisle
53 W. South Street
Carlisle, PA 17013
Cash Receipt
)Grin C"Inr-r
Account No:
Misc. Desc:
Amount Paid: _
PAID = 2i J4
Clerk Initials
A
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t
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?n
a 1 m ,
a -
a. ^" y
KEVIN D. BRE NEMAN `eiza:3i3
KIM W. BRENNEMAN 3104
s .`. :. s , 8.4427
R COLRlr -
<
x
s' .. date
s ?
.
r , PA 17013
t
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memo
1: 2313822 L. W:2i8LOO 6772110 3 i04
r
.1r" C
(P oln d K1rn W IJre?ln??nGn
vs.
rtn v Rebeaec C(ark
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 0 'c? Civil. 14?
atiu e?.? ?uz?S ahocn
w fti?s IG4-? of
f5 rc' rvL G r V UJl,k G??a?aL
To Prothonotary
19
l /'l??o?zxrz-'-?
Mter+,ey for Plaintiff
No.
Filed
Term, 19
V&
PRAECIPE
19
Atty.
Ili
Q_ LI7
I L ?-' y
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(fbfs proof of serviC e MUS7" BE FILED W"THIN TEN (10) DAYS AFfER forof of the notice of appeal Cha ?k aanltcabfs .hoxesJ
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF w1 r= ( h : ss
AFFIDAVIT: I hereby (swear) (affirm) that i served
? a copy of the Notice of Appeal. Common Pleas No, ucan the District Justice destpnated ine(ein on
(date of service) , 20 r
? by persona! service ._ y (certified; iTeQ13?nred,1
or=rd,
sender's receipt attached hereto, and upon the appellee, (name) Or
, 20 ? by personal service y lca^sffied) {reg,,tered mail,
sanders receiot attached hereto
(SWORN) (AFF=IRMED) A1, BSCRIBED BEFORE ME
THIS AYof C. , _.2J 19 5.
9rynah,?g of?gor7rcrar befo+n w oYnv nfFllavC was meUe
tie of >-tA? Y ---
My Commission expires on 20 ??.
tnCjLA*
1A? Y
;?Alar'4R,E?J7
? Stynohue of a78an[
AOPC 312A - 02
CsylYnyHlMMALI n Ut- rtNNSTLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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 District Justice on
the date and in the case referenced below.
ZIP CODE
Vs
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Sgnalure or Prothonotary or Deputy
ppellant was Claimant (see Pa.
in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Name of appellees)
(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 youdo not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date 20 Signature or
Pd' ---- - Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
05 - L.Z LO CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax !7171 *7dn-41q'72