HomeMy WebLinkAbout05-1256cvmmutvwCAL t n Ur rrNNb
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 cass,rqferenced below.
This block will be signed ONLY when this notation is required under Pa. It appellant w99 Claimant -(seg Pa' R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
sgnature aiprothawtary or DePWy
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 abellee(s)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
0& A
-Stq me al'appellant or attomey or agent
RULE: To appellee(s)
--??- Name of appall.;- !-cXf?-
(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: s' 1 y 20 CC
J J Signature of pne to ary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRAN RIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
r.nl 1NTY OP, CUMBERLAND
09-3-01
MOJ Name: Hon.
HAROLD B. BENDER
"dd'eas' 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone (717) 532-7676 17257-0361
TRAVIS MARPOE
4 PEST MAIN ST. APT/STE 2
WALNUT BOTTOM, PA 17266
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rBITTINGER, CHRISTINE
9 PHEASANT VIEW DRIVE
DILLSBURG, PA 17019
L J
VS.
DEFENDANT: NAME and ADDRESS
FKARPOS, WENDY, ET AL. ?
4 WEST MAIN ST. APT/STS 2
WALNUT BOTTOM, PA 17266
L J
Docket No.: CV-0000009-05
Date Filed: 1/06/05
THIS IS TO NOTIFY YOU THAT:
Judgment: FOE PLAINTIFF
® Judgment was entered for: (Name) BTTTTN(_RR, cniNTS-PTNE
® Judgment was entered against: (Name) MARPOrle, wxmy
in the amount of $ 1 .127 _ nn on: (Date of Judgment) _2107105
Defendants are jointly and severally liable. (Date 8 Time)
Damages will be assessed on:
El This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $
0
1,000.0
Judgment Costs $ 127.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,127.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total --
$ ----------
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTJTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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.
c-9 -10-0-6 Date Magisterial District Judge
=11a, a true and correct copy of the record of the proceedings containing the judgment.
ate , Magisterial District Judge
My commission expires first Monday of January, 2006 .
SEAL
AOPC 315-05 DATE PRINTED: 2/10/05 10:52:48 AM
COMMONWEALTH OF PENNSYLVANIA
,1UUIV 1 T l
Mag. Dist. No.:
09-3-01
MDJ Name. Ron.
HAROLD E. BENDER
Address= 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone (7171 532-7676 17257-0361
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FBITTIHGER, CHRISTINE
9 PHEASANT VIEW DRIVE
DILLSBURG, PA 17019
L
DEFENDANT:
INARPOS, WENDY,
4 WEST (LAIN ST
WALNUT BOTTOM,
J
vs.
NAME and ADDRESS
ET AL.
APT/STS 2
PA 17266
L J
TRAVIS MARPOE
4 WEST MAIN ST. APT/STS 2 Docket No.: CV-0000009-05
WALNUT BOTTOM, PA 17266 Date Filed: 1/06/05
s
THIS IS TO NOTIFY YOU THAT:
Judgment: anu D7.AZ=WV
® Judgment was entered for: (Name) iRTTTTNGE ., [iRATalill
® Judgment was entered against: (Name) Mauonig 'PV aVTo
in the amount of $ 1,127 _ sn on: (Date of Judgment) 2/n7/05
Defendants are jointly and severally liable. (Date & Time)
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachmel Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $
0
1,000.0
Judgment Costs $ 127.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,127.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total --
$ ----------
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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.
M-d-5 Date /CI"/. Magisterial District Judge
=cerlilyllal is a true and correct copy of the record of the proceedings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2006 . SEAL
AOPC 315-05 DATE PAINTED: 2/10/05 10:57:50 AM
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PROOF OF SERV Ct° 4 E
(This proot ofservice, M,USI-BE O LL i'. I
COMMONWEALTH OF PENNSYLVAN",'
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AFFIDAVIT: I hereby (swear) (affim ) thst
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(date of service) 'a .. =0 . y iceat . (t .aer: ) r 12.
sandar's receipt attach eo her o td tpon the a£ et i
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sender's receipt attached roe'.' ,
(SWORN) (AFFIRMED) AND SUBSCRIBED BE-FORE _ ?E
T.kiISDRYQF 1Y?rtll .2i G
signe?f,?nf o?r ?ilcai before whom aHWdavlt was made
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AOPC312A 92
TH
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
it COMMON PLEAS No.
NOTICE OF APPEAL
Notice is gNen 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.
r•
D J.
STATE ZIP CODE
vs
i nis DIOCK will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
R.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Sgnatuw or Prahondary 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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon t irf1_? r'/ appellee(s), to file a complaint in this appeal
me of ae/lee(s)
(Common Pleas No. { ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature f appellant or attorney or agent
RULE: To opt 4F rf p 7? 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 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 l.? J... r , 20
- - - w- Signature of Pmt no ary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
CHRISTINE BITTINGER, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
No. p S - I oZS 6
VS.
TRAVIS AND WENDY MARPOE, CIVIL ACTION - LAW
husband and wife,
Defendants
NOTICE
You have been sued in court. If you wish to defend yourself against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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.
MID-PENN LEGAL SERVICES
SCHRACK & 8 Irvine Row
LINSENRACH Carlisle Pennsylvania 17013
I_\\ (I11(I_V'
Telephone: (717) 243-9400
CHRISTINE BITTINGER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
No.
VS.
TRAVIS AND WENDY MARPOE, CIVIL ACTION - LAW
husband and wife,
Defendants
NOTICIA
Le Han demandado a usted en la torte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la petition
de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR CENTER
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
SCHRACK &
LINSENRACH
1 , ()I -BOGS
CHRISTINE BITTINGER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
No.
VS.
TRAVIS AND WENDY MARPOE, CIVIL ACTION - LAW
husband and wife,
Defendants
COMPLAINT
I . Plaintiff is an adult individual residing at 9 Pheasant View Drive, Dillsburg, Pennsylvania
17019.
2. Defendants are adult individuals whose current whereabouts are unknown, but are believed
to be residing somewhere in Pennsylvania.
3. Plaintiff owns the premises located at 4 West Main Street, Walnut Bottom,
Pennsylvania.
4. Plaintiff and Defendants entered into a lease for the premises for a three (3) bedroom
apartment on the second floor of the apartment complex at 4 West Main Street, Walnut Bottom,
Pennsylvania, on September 1, 2003, under a Residential Lease Agreement, a copy of which is
attached hereto as Exhibit "A".
5. The lease provided for a term of one (1) year with a monthly rental of FIVE HUNDRED
SEVENTY FIVE DOLLARS ($575.00), payable in advance on the first day of every month.
6. Plaintiff entered into possession of the leased premises on September 1, 2003, according to
the terms of the lease.
7. During the term of the lease, Defendants failed to pay all the rents due and owing.
8. At the expiration of the lease, Defendants failed to vacate the premises as called for in the
lease and as instructed by Plaintiff.
SCHRACK &
LINSENBACH 9. Defendants failed to make rent payments during the holdover period.
10. Plaintiff was forced to file eviction proceedings against Defendant.
11. On or about December 1, 2004 at the District Justice hearing an agreement was reached for
Defendant to vacate the premises by December 23, 2004 in consideration of forgiveness of certain
amounts of rent due and owing. A copy of that agreement is attached as Exhibit "B"
12. On or about December 23, 2004 Defendant refused to vacate the premises a was in breach
of the agreement of December 1, 2004 as well as the original lease.
13. Plaintiff was forced to request an Order for Possession since Defendant would not vacate the
premises per the agreement or the lease.
14. On or about January 1, 2005 Defendant finally vacated the premises.
15. On or about January 6, 2005 Plaintiff filed a Civil Action for the rent amounts due and
owing, attorney fees, costs, repairs, etc. A copy of that Complaint is attached as Exhibit "C".
16. Defendants filed an Appeal for the Judgement in that Action which is attached as Exhibit
"D
17. Plaintiff was served with that by certified mail on Saturday, March 19, 2005.
18. Plaintiff has applied Defendant's security deposit in the amount of $550.00 in partial
satisfaction of the back rent and repairs owed by the Defendant.
19. An itemized statement of the amounts due and owing for $6,3230.00 is attached as Exhibit
'E
20. Defendant failed to provide Plaintiff with a forwarding address.
21. Plaintiff gave written notice to the above amounts due and owing as well damages to the
Defendant within the 30 days after Defendants surrendered premises to Defendants last know
address.
22. Defendant has filed and refused and still refuses to pay the amounts due and owing or any
part thereof.
SCHRACK & WHEREFORE the Plaintiff demands judgement against the Defendant as follows:
LINSENBACH
i. In the amount of $5,050.00 back rent with interest thereon from January 1, 2005;
ii. $175.00 late fees;
iii. $646.00 attorney fees as of March 25, 2005;
iv. Repairs in the amount of $634.85;
$365.00 filing fees to date;
vi. Plus costs and any other award that the Court feel just and proper.
Respectfully submitted:
SCHRACK & LINSENBACH LAW OFFICES
BRIAN C. LI NBACH, ESQUIRE
I. D. #87360
Attorney for Plaintiff
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LINSENBACH
VERIFICATION
1, CHRISTINE BITTINGER, verify that the facts set forth in this document are true and
correct to the best of my knowledge, information, and belief. This verification is made subject to
the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unsworn
falsification to authorities.
CHRISTINE BITTING R
SCHRACK &
LINSENBACH
RESIDENTIAL LEASE
NOTICE TO TENANT: If you do not meet your Lease obligations the Landlord can go to court to evict you
from your home, site for rent and other expenses, and keep your security deposit. If the Landlord wins (gets a
money judgement against you), the Landlord can use the court process to take your personal goods, furniture,
motor vehicles and money in banks. By signing this Lease, you give up rights to trial by jury and other important
rights.
TERMS OF THIS LEASE: LEASE DATE:
Term Length:
Begins Ends cY110JX'?II
Monthly rent S rnv'w\ JEC eft = 5 I rJ
Security $ Late Charge S 25 . wore ?Yy+ 7 S
1 kk- li? I `?k CA-YYV1-r*,-N
Rental discount of $ Yo ? Gi_ per month until
LANDLO
Address fc
TENANT
Premises:
BANK for
LANDLO--- / tq/u? tri
p- fvn,,
water ? electric C Aawn maim aetf nce sewer ? oil ? snow removal
? gas exter mating ? other
Rider of page(s) ttached is part of this Lease. (Per Agreement) t
1. Use Only Tcnant(s) named above maN use the Premises, as a pnvate single family residence. The masin um
occupanct of Premises is __Ce persons.
? VLSI} L1 1
a "? q ct C ? d-
2. Possession Rent starts when the Term begins. Hm\cvcr; if L andlo cannot give possession. rent starts when
possession is available. If Landlord cannot dive possession within a reasonable time. Tenant may cancel and obtain a
refund of money deposited. Landlord will tell Tenant molten possession is available. Tenant must occupN when possession
is available. The end date of the Term does not change. If Landlord cannot give possession, or gives possession late.
Landlord has no liability.
3. Rent Tenant must pay monthly rent in full by the ?S day of the month. at Landlord's address. Landlord need
not notify Tenant to pay the rent. Tenant trill pay the first months rent (and any part of a month's rent) %N lien signing this
Lease.
Added Rent Other charges under this Lease arc `added rent". Tenant will pay added rent with the next
nlonthly_ rent.
Late Charge Tenant will also pay the late charge if more that 5 dais late. Landlord still has all other legal
rights and remedies.`- "-
4. Term The Term ends on the end date stated above. Notices arc not needed. However. if Tenant stars or leaves
propertN in the premises after the Lease ends. Tenant most also pa} Landlord double the rent amount. Those damages are
not considered rent and Tenant has no rights to the premises. Landlord still has all other rights and
?. Notices The parties must put all bills, statements, approvals. consents, permissions, agreements and notices ii tvriling.
Landlord must deliver or mail them to the Premises. Tenant must dclivcr or mail them to Landlords Address for Notices.
The parties must give them by
(a) certified mail, return receipt requested
(b) hand delivery with written receipt or
(c) a nationally-recognized overnight courier.
Each party mist accept and claim them. Landlord will notifv Tenant if Landlord's address changes.
6. Security Tenant gave security to Landlord in the above amount. The Bank holds the security. Landlord will tell
Tenant where the security is. If Tenant fails to timely perform anv obligation such aspa? paving rent on time), Landlord may
use the security If Larttlla?d-uses tkne9secur4ty, Tenant wi reL-a tat replacemeirt amount is added rent. Landlord
must alwavs have at least the amount of security stated above.
If Tenant:
(a) performs all agreements made in this Lease;
(b) pays rent and added rent on time,, and
(c) leaves the Premises in good condition when the Term ends, then Landlord will return the
remaining security Tenant may not use security to pay rent.
Landlord may deposit the security anynvhcre the law allows. If Landlord sells or leases the Premises to someone
else (a "successor'), Landlord may give the security to the successor. In that case, Landlord is not responsible for the
security, Tenant gets back the security only from the successor.
7. Utilities and Services Tenant will arrange for all utilities and services. Landlord pans only for the utilities or services
stated above. Tenant paps for all others. Landlord has no obligation for any utilities or services, even if Landlord pavs for
them. Tenant must not use more electric that the Premises can safely handle.
Landlord ntav supple equipment or appliances. If Tenant causes damage. Landlord may repair at Tenant's
expense. The repair cost is added rent.
No appliances are allotyed unless Landlord installed or approved them.
..rte
Tenant may not install: washing machine . air conditioners. - crs, heaters. freezers, ventilators or other appliances,
without Landlord's permission. --Y"?4 1?'> 1`11CO-112 pv A-0 aGwi
!rY"t
Landlord nmv stop any spstom (like vcn tug p umbing, tcatnng_ elevator, air conditioning or electricity) due to
accident, cnnergencp, repairs or changes, until the work is complete.
S. Changes Tenant must ct Landl rd's xior written conse ^e or paint: paneling. flooring. -built-in°
decor ts. railings. walls or wall a er. Tenant must not change or daznage tie scs robing.
ventilatmg, air conditioning. elevator, electric or heating). atidlorYOCS; cl5augcs and installations become the
Landlord's property when complete and paid for. Thev must stay in the Premises at the end of the Term.
Landlord can require Tenant to remove them before the end of the Term. If Landlord wants them removed.
Landlord will notifv Tenant at least 1-5 da}'s before the end of the Term. Tenant pa} s all costs to comply. Landlord is not
required to do or pay for am' work. unless stated in this Lease.
Tenant must not cause debts or charges ('liens") against the Premises. Tenant must pav and remove anv lien
within 20 days.
9. Repairs Tenant must take good care of the Premises and all systems, equipment and propem Landlord will repair
the plumbing, heating and electrical systems. unless Tenant caused the damage or was negligent. If so. Tenant must make
and pay for all repairs and replacements. If Tenant does not. Landlord may. Landlord's costs arc added rent. Tenant must
get Landlord's written consent to make the repairs and replacements.
10. Fire, accident, defects, damage Tenant must give Landlord immediate notice of fire. accident, damage or dangerous
or dcfectir'c condition. If fire or other mishap makes the Premises unusable. no rent is due ?%hiIc unusable (as Iona as not
caused by Tarrant). If Tenant can use part of the Premises, Tenant must pay rent for the usable part, Landlord may decide
which part is usable.
If the Premises is damaged, Landlord may cancel the Lease. If Landlord decides to cancel, Landlord will notify
Tenant Nvithin 30 days after the damage. If not. Landlord has a reasonable time to repair. This includes dcla_\ s such as
settling insurance claims, weather, public authorities, Tenant's act or neglect, obtaining estimates, labor or supply
problems, or any other cause not filly within the Landlord's reasonable control
If Tenant (or Tenants family member. employee, west or other person) caused the damage- then Tenant will
make and pay for all repairs. Tenant Hurst still pay full rent to ith no adjustment. Repair costs are added rent.
If canceled, the Lease ends 30 days after Landlord's cancellation notice. Tenant nnist leave the Premises by the
cancellation date, and pay all rent due through the damage date.
If not cancelled. Landlord only repairs equipment that Landlord originall installed
11. Landlord not responsible Landlord is not liable for loss, expense or damage to any person or propert} . Landlord is
not liable to Tenant for permitting or refusing anyone into the Premises.
Tenant must pay for Landlord's damages and expenses due to any act or neglect of Tenant. If a lawsuit is brought
against Landlord, Tenant must pay for Landlords defense. Landlord may choose its attornev.
Tenant is also responsible for all acts or neglect of Tenant's family. employees, guests or others in the Premises.
12. Entry by Landlord, signs Landlord may enter the Premises to: repair. inspect. exterminate, install, maintain, replace
or perform work. Landlord ntav shoe' the Premises to possible buyers. lenders or investors. Landlord \yill try to give
reasonable notice. except in emergency. Landlord ntav place `for sale" or "for rent' signs on the Premises.
13. Transfer and sublease Tenant must not transfer this Lease. or sublet (lease to another) the Premises. or allow others
to use the Premises. Tenant must get Landlords written permission each time Tenant wants to transfer or sublet. Tenant
remains responsible after a transfer or sublease, even if Landlord accepts money from the new Tenant or subtenant.
1.4- Priority This Lease and Tenant's rights are lower than all present and fiifure:
(a) loans on the Premises
(b) agreements securing money paid or to be paid to a lender ("security agreements"), and
(c) terms, conditions. renewals, changes of any kind and extensions of the loans or security agree-
ments.
Tenant must sign any papers Landlord requests to show this. Tenant allows Landlord to sign those for Tenant.
15. Recognizing new Landlord A new owner may want Tenant to remain as a tenant under this Lease. If the new
owner requests. Tenant will sign an agreement recognizing that.
16. Taking Property "Condemnation" means a legal authority can take the Premises of land by paving Landlord. If all
of the Premises and land is taken. the Term and Tenant's rights end \\ hen the authority takes title. If on h_- part of the
Premises or land is taken. Landlord may end this Lease by giving Tenant at least 30-days: notice.
If canceled. Tenant must give the Premises to Landlord on the cancellation date, along with all rent due to that date.
The entire payment for any taking belongs to Landlord. Tenant gives Landlord any rights Tenant has to payment.
17. Construction or demolition Construction or demolition may occur in or near the Premises. This does not affect
Tenant's agreements in this Lease, even if it interferes with Tenants ventilation. view or enjoyment.
18. Landlord not legally responsible for Tenant's property Landlord is not responsible for (a) loss, theft or damage
to Tcnant's property or (b) igjun caused by Tenant's propert}' or its use. Landlord does not earn' insurance for Tenant's
personal property or for Tenants legal responsibility. Tenant will obtain and pay for that insurance-
19. Huntin- and Fishing No hunting or fishing on the property without express permission from the Landlord. and i',
permission is given, only in areas the Landlord eNpressh- allows for such activity. Tenant will not allokz, nor does Tenan:
have the authority to grant or give permission to anv persons to hunt or fish on Landlord's propertk.
20. Sidewalks, steps, terraces and balconies This Lease applies to the Premises sidewalks, steps. terrace or balcony.
Landlord nta) make special rules for the sidewalks. steps, terrace and balcony. Landlord will tell Tenant of the rules.
Tenant must keep the si ewalk . Ste s. terrace and balcony clean and free from snowice. leaves. garbage, debris
and?othe?r obLecs_ Tenant mu cop aTl screens and drains in good repair. No cooking is allowed on the sidewalks. steps.
rraceL orbalcom' Stoe erttraiceCLmmcvt"lQkifUYttcwlct"
Tenant may not keep plants, or install a fence or anv addition. on the sidewalks. steps, terrace or balcony. L
Tenant does; Landlord may remove and store them at Tenant's expense. Tenant must keep the sidewalks, steps. terrace
and balcony in good repair.
21. Tenant's certificate When Landlord requests. Tenant will sign a certificate that states:
(a) this lease is in full force and unchanged (or he\% it was changed):.
(b) Landlord fully performed all obligations and Tenant has no claim against Landlord:
(c) Tenant is fully performing all Lease terms,
(d) rent and added rent arc paid to date, and
(e) any other statement Landlord reasonabh requires.
22. Correcting Tenant's broken Lease terms If Tenant does not tintcl_v correct a broken Lease term. Landlord ntac
correct it at Tenant's expense. Landlord's costs are added rent.
23. Tenant must obey laws and regulations Tenant must, at Tenant's expense, promptly comply with all laws; orders-
rules. requests and directions of all governmental authorities- Landlords insurers, Board of Fire. Underwriters. or similar
groups. Tenant will promptly give Landlord notices from them. Tenant will not do anything to increase. Landlord's
insurance premiums. If Tenant does, Tenant must pay the increase as added rent.
24. Tenant's broken Lease terms (defaults) Below are some of Landlord's rights and remedies. Landlord also
has other rights and remedies the law allows or provides.
(a) Tenant gives up Rights to Notices: Landlord need not give Tenant a notice of, or at
opportunity to correct, ani' broken Lease lernc Tenant also gives up the right to receive a "notice to
quit" or "notice to vacate" from Landlord. This means Landlord is not require to not(tj' Tenant to
leave the Premises.
Landlord may give Tenant a notice to leave. If given. the termination notice will state when the
Lease ends. Tenant must leave the Premises and give Landlord the keys by that date. Tenant remains
responsible.
(b) If Tenant's rental application is incorrect or incomplete. that is a default.
(c) If (1) Landlord ends the Lease: or (2) Tenant does not pay rent or added rent on time: or
(3) Tenant leaves (vacates) the Premises: or (4) the Term has ended: or (5) Tenant broke
anv obligation under this Lease.
Landlord may, in addition to other rights and remedies: (i) evict Tenant (ii) site for money damages: or
(iii) both.
(d) If Landlord ends this Lease, or takes back the Premises:
(1) Tenant must immediately pay rent and added rent for the unexpired tent.
(2) Landlord may again lease (relet) the Premises- and an thing in it_ for am term.
Landlord may change any rent (or no rent) and give allowances to the new Tenant.
Landlord may, at Tenants expense. do anv work Landlord reasonabh needs to repair
the Premises and prepare it for renting. Tenant remains responsible and is not
released. except as the law requires.
4
(3) All rent Landlord receives for re-renting applies first to pay Landlords expenses and
last to pay amounts Tenant owes. Landlords expenses include dtc costs of getting
possession and rc-renting the premises, such as reasonable legal fees, broker fees,
cleaning and repairing costs. decorating costs and advertising costs. Tcnatt is not
entitled to anv excess rent collected.
(4) Landlord may sue more than once. Landlord does not waive (give up) rights if
Landlord delays or fails to sue.
(5) Only the balance of rent payments by the next tenant reduce Tenant's rent
obligations. Other paytnents do not. Evert if Landlord does not collect the next
tenant's rent Tenant remains liable. Landlord need not collect the nest tenants rent.
Tenant must continue to pap rent, damages, losses, and expenses, with out offset.
(e) Tenant will pay all of Landlord's reasonable costs and expenses (including attonlep's fees and court costs).
25. No jury trial Landlord and Tenant waive (give up) their right to a trial byjurv_ for amthing related to this Lease of
the Premises.
26. Landlord does not give up rights Landlord does not give up am- rights, even if it accepts rent or does not enforce
this Lease. If a term is illegal or unenforceable, the rest of this Lease remains in effect.
27. Unable to pay debts If Tenant cannot pay debts when due. Landlord may end this Lease on 30-days' notice
Tenant must continue to pay rent. damages. losses and expenses.
28. Rules Tenant must comply with all written Rules at the end or attached to this Lease. Landlord will notify Tenant
of new Rules, Landlord need not enforce Rules against other tenants. Landlord is not legally responsible to Tenant if
another tenant violates the Rules. Tenant receives no rights under the Rules.
29. Complete agreement Tenant read this Lease. All Landlord's promises arc in this Lease. There arc no others. To
change this Lease. all parties must sign an agreement.
30. Landlord unable to perform Landlord may delay or fail:
(a) provide any required service or utility:
(b) make an} required repair or change to the Premises;
(c) supply any required equipment or appliances. or
(d) perform any other obligation.
This includes delays from settling insurance claims, obtaining estimates. weather, labor or supply problems, public
authorities. Tenants act of neglect, or anv other cause not fully within Landlord's reasonable control. Tenant remains
legailq responsible.
31. End of term At the end of the Term. Tenant must leave the Premises clean and in good condition. Tenant will
remove all Tenant's property. installations, alterations and decorations. Tenant will repair all damage. Tenant ttdll restore
the Premises to the same or better condition as at the beginning date. Am' property Tenant leaves behind is considered
abandoned. Landlord may keep or discard that properly,
32. Tenant inspected Premises Tenant inspected the Premises. Tenant agrees it is in good condition and takes the
Premises "as is
33. Vehicles Tenant alone bears the risk of using or storing a vehicle. This applies to Tenant's or anvone else s
vehicle. wherever located. If Landlord's employee helps Tenant park, move or load a vehicle, that is also Tenants sole
risk. In that case. that employee is considered Tenants agent and not Landlord's. Neither Landlord nor its eurplovec is
responsible for loss or damage to vehicles. their contents. or other property.
If Landlord considers a vehicle or property abandoned. Tenant must remove it within 24 hours after Landlords
notice. If Tenant does not. Landlord may remove it at Tenant's cost. Landlord is not Icgally responsible for damage.
This includes property damage and bodily injury. Tenant will reimburse and defend Landlord for all liabilities.
34. Landlord's consent If Tenant needs Landlord's consent. but Landlord does not give consent. Tenant's only right is
to ask the Court to force Landlord to give consent. Tenant will not claim monev damages or deduct rent for non-consent.
35. Limited recovery If Tenant acts a judantent against Landlord. Tenant can only enforce that against Landlord's
interest in the Premises.
36. Parties bound by Lease This Lease obligates Landlord. Tenant, and all parties who lawfidh- succeed to their riglits
or take their places.
37. Furnishings Any furniture or other items are accepted "as is". If an inventory is supplied, it is listed under section
40. When the Terms ends. Tenant must return them clean and in good condition. 1 ?1NVV1 r+?1?L s
?l
33. Cooking Tenant may cook only in areas Landlord designatees?? fies` ? a^?
39. Care of Premises, grounds Do not bring sand.. dirt, sn9. tee or wets clothing into the Premises. Do not bring
sports or recreational equipment (like skis or bicycles) into the Premises. After outdoor activities, use only specially
designated areas for showering and dressing. Tenant must keep the grounds neat and clean.
1 WP P C&MO-N C,u C,l2cn0,101 CUO< C6 ? `?
40. Inventory GbkA IM Gr_ " rak co n???C'a('? c Q {7} GIB', - 3
VPI..Ar?.AL,i
Signatures, effective date: Landlord and Tenant signed this Lease on the above date. It is effective when Landlord
delivers a fully-signed copy to Tenant. Tenant(s) are legally responsible both individually and together ("joint and
several"). This means each is fully responsible for performing all obligations, and for all payments.
LA
0) LAL ND ORD-)
ltt _
WITNESS:
TENANT(s)
WITNESS:
RULES
1. Respect other neighbors Do not interfere with other neighbors' comfort or rights. No annoying sounds, smells. or
lights are allowed.
2. Safety Do not go on the roof. Do not use, keep in. place or attach anvthing to fire escapes, sills. windows, or
exterior walls, in hallways or public areas.
3. Personal property Store personal property only where Landlord permits.
4. Keys Give Landlord keys to all locks. Lock doors at all times. Lock windows when Tenant is out. Return all keys
to Landlord at the end of the Tenn.
5. Floors/Carpets Cover floors with carpets or nuas. Waterbeds are not allowed.
6
G. Pets No dogs. cats, birds.. or other animals or pets are allowed. unless written permission is given bN the Landlord.
7. Equipment Follo\r garbage disposal rules. Use plumbing futures and all other propc t\ and equipment only for
their intended purpose.
8. Laundry Laundry machines, if any, are at Tenant's risk and cost. Instructions must be followed.
9. Parkin) Landlord way remove improperly parked cars without notice at Tenant's cost-
10. Conserve energy Tenant will conserve cacray.
11. Hazards Keel) tho Premises safe and clean. Do not store or bring hazardous or flammable materials into the
Premises.
12. Throwing objects Do not Throw anything from the Premises. Do not hang or shake aa%thing from sidcNwalks. steps..
windows, terraces or balconies.
13. Parking Tenant is entitled to only one parking space.
I q, C?,,C ? k nrn i (,? -Ab ?-a.>.>.u 1 n, - c?-I, " ,,ore. rt 2jQ?
C" &r `Il\p Perk w - col (YK4Z ' fyyviA7? a OA-
G, e?vt?i,? lion `1 V06+A -* , ,VC6J
Vvl tv ?aQ ??Q o?cl mvan"vr,_
?i1 etc ?l vvI - *L
per" `-y°`a`L r-w?
/ i,e, 1,d1l,'ii / 0 IPS??f
5t c ,gyp t ca,, (tvl cWn? -/5A 9C
aq y dam6ye5 'tv be"l -rr1 s)-
7
PET AGREEMENT
?e?i -=
THIS AGREEMENT is made pursuant to that certain Lease dated a2
Beth
and
is Landlord
Tenant.
In consideration of $ as non-refundable cleaning payment and a Q)_ as
additional security deposit paid by Tenant to Landlord, Tenant is allowed to keep the
following pet (s): e la, ( CIA,
On the premises of '!? 2g, k / Lt {
Under the following conditions:
1. In the event the pet produces a litter, Tenant may keep them at the premises no longer
than one month past weaning.
2. Tenant shall not engage in any commercial pet-raising activities
3. No pets other than those listed above shall be kept on the premises without further
written permission of the Landlord.
4. Tenant agrees at all times to keep the pet from becoming a nuisance to neighbors and
other tenants. This includes controlling the barking of pet, if necessary, cleaning any
animal waste on and about the premises and maintaining/grooming pet in a mariner to
protect against any fleas or pet-related pests from entering the premises. Landlord
should be notified immediately if fleas or pet-related pests are suspected on premises.
Tenant is responsible for paying for any extermination necessary due to pet-related
pests.
5. In the event the pet causes destruction of the property, becomes a nuisance, or Tenant
otherwise violates this agreement, Landlord may terminate the Lease according to
Pennsylvania Law.
c'- y z
Date: 71 ?1{1?c' '"'?tt)T -I.)
Landlord: Tenant:
F - 631' (n? X -
') 11111 OI,
{, ?ic.dy???lt lar 1a?ssess?oh- f,+? ?e°G, /?U?
• G-1 lQ??62?0/i/Ct ?y
C4
f XDe7`lJ ??P ? aGy/ oJ`
'e/ l nn
77' 0A
/ tQS? !!fVitt._Q?Q/G?/r.. d7 L./LG
l
COMMONWEALTH OF PENNSYLVANIA
CnI1NTY nF- CU14BERLAND
Mag. Dist. No..
DJ Name Hon.
09-3-01
HAROLD E. BENDER
Address, 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone; (717) 532-7676
17257-0361
CIVIL ACTION
PLAINTIFF, HEARING NOTICE
NAME and ADDRESS
FBITTINGER, CHRISTINE
9 PHEASANT VIEW DRIVE
DILLSBURG, PA 17019
L
vs.
DEFENDANT: NAME and ADDRESS
FMARPOE, WENDY, ET AL.
4 WEST MAIN ST. APT/STS 2
WALNUT BOTTOM, PA 17266
CHRISTINE BITTINGER L
9 PHEASANT VIEW DRIVE DocketNo.: CV-0000009-05
DILLSBIIRG, PA 17019 Date Filed: 1/06/05
A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for:
a e: 2/02/05 ace: DISTRICT COURT 09-3-01
35 W ORANGE ST
Time:
1:30 PM SHIPPENSBURG, PA 17257-0361
717-532-7676
NOTICE TO DEFENDANT .
u)
If you intend to enter a defense to this complaint, you should so notify this office immediately at the above
telephone number.
YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY
BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert
at the hearing, you must file it on a complaint form at this office at least five days before the date set for the
hearing.
Pursuant to Pa.R.C.P.D.J. No. 342(B)(2), no claim by the defendant will be permitted in a supplementary action
filed for failure of judgment creditor to enter satisfaction.
NOTICE TO PLAINTIFF
Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her
intention to defend.
If you are disabled and require a reasonable accommodation to gain access to the Magrs
M4915Le[15J DIStfIGt Court at the above address or tee
N
AONI;
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: COMBERLAND
Mag. Dist.
09-3-01
DJ Name: Hon.
HAROLD E. BENDER
A"On's,' 35 W ORANGE STREET
SHIPPENSSURG, PA
Telephone. (717) 532-7676
17257-0361
A
FILING COSTS $ 10?? I N? ) LIP/ I C J
POSTAGE $
SERVICE COSTS $
CONSTABLE ED. $
TOTAL $
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
7c\gI,IS}IVIe, )31 L 1 i 1"yeT 1
cIi p neaSCtn+ \j I e-w P d i04P
LON&00?) Pei IlDkl J
vs.
DEFENDANT: NAME and ADDRESS
T?uvi Mar?poe
-_W,?tgDy aNp
(LLaR ono husbmc??
1?PririTl?ent # 2
L_y Wesf MaIN W(le'f/ IL?1??11c+ Mh'rl ?z?(J
Docket No.:
C?-?-US
Date Filed:
bV the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 6 VS 71? °, together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
1,017a[7 t broke P rPQine/ &070Ae t p? J by ?7?P?/1 . ?3, zc x/
G1b defy//PdJrl me aydPerr?e?r urr/P? 4-C7- /Uo, T a 3 oy %?nmt ??i?J? f
leaoyl*w?l
S b /) remain //7 5 t rage '5hek, plus g J1011VSet 7 ct h?vt z//yaq, PPS/ ?o / ir?cv?
p/aiy?fiGF ct?ai?Pt/ fEr?nf r,?a// /iab?l/? ??S?eI?G t?rt?? a?SP?`?`-G??J?P??nF?t,
iFsh? moved cat ?? G?2?m?ber o"?3, ZCDtl. ?''i7ce? /D/arr?i?F i5 F l ?,?y Fo?p?s? Un?r?c
renf d4Mz - S &"a115/- 'e ?ti? pr tai, afi,`Wel 1 - TefiXi ea150
1 (, J1,,f2 verify that the facts set forth in this complaint are true and
correct to the best of my knowledge formation, and belief. This statement is made subject to the penalties of
Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities.
-Signature of Plaintiff or Aut nze Aged
Plaintiffs
Address: I.DebY tYLI:`2J1-R.C
Attorney: ?( CxN Lt,p Se haL h
Telephone: 9 0 - U 3 2..- q 'l Di0 NG PC1 17 Al
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY
AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE.
UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five days before
the date set for the hearing.
11 Vou are disabled and require a reasonable accommodation to gain access to the Magisterial District
page 2 ,?i cl,(-)'/ cowlailtt
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t ),q( K ?L
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The %C?/YTalr7/Nk, ?U/?, `?? ?7CdlC27C(? G cG f/E°?
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/y14 JZ/ .
L11(j C Ljly)axje-(y 40 pw
I H Vr
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
L COMMON PLEAS No. 0-5r- L-7-"
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 nd in the cas r erenced below.
J NAM LIANT 14" MAG.O{eT. NO. NAME OF D.J.
-3 /
R 3 OG APPS NT J LITY 5 E ZIP CO E
/I\'D TE FJUDG?nFNi IN tNE EOF (Plchfim (Oe(eMami ^?
LLQ?<jrnn,???l0 /ir
R.C.P.D.J. No. 1006B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession In this case.
Sgrw/un aaanmwsn ?' Depuy
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 o/a/pedee(s)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
! S)g ure appelknt orattamey or agent
'-?D?
RULE: To _ ?? Il!'i S 1?t A l) Jai L.? appellee(s)
??r- Neme al eroad? /
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Dale: 20 O C 5)gnstum of P. ly 'DeL
J
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTIrRAN RIPT FORM WITH THIS NOTICE OF APPEAL.
S (t.:n i :Y"i
AOPC 312-02
W?r±wy+w?b±,
COURI FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
COI tNTY 0F CUMBERLAND
M.iq. Dist. No.
MDJ Name. Hon.
09-3-01
HAROLD S. DENVER
Add,.s 35 W ORANGE ST
SHIPPENSBURG, PA
Tdt shone: (717) 532-7676
17257-0361
TRAVIS MARPOS
4 WEST MAIN ST. APT/STS 2
WALNUT BOTTOM, PA 17266
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
7BITTINGSR, CHRISTINE
9 PHEASANT VIER DRIVE
DILLSBURG, PA 17019
L J
vs.
DEFENDANT: NAME and ADDRESS
FKARPOE, WENDY, ET AL. 7
4 WEST MAIN ST. APT/STS 2
WALNUT BOTTOM, PA 17266
L J
Docket No.: CV-0000009-05
Date Filed: 1/06/05 1 dt
THIS IS TO NOTIFY YOU THAT:
Judgment: _PON PLAINTIFF
® Judgment was entered for: (Name) - BITi1lfy, ralINTSTjNE
® Judgment was entered against: (Name) waypnt:_ tr mmy
in the amount of $ 1 .127-nn on:
Defendants are jointly and severally liable.
Damages will be assessed on:
FiThis case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment) Zfn7/os
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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.
c-9 -Ot?a Date /VQ.c.o- L Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2006 .
SEAL
AOPC 31e-05 nATB PRINTED: 2/10/05 10:52:48 AM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUKSZ L"M
Map. D M, No.:
09-3-01
MDJ Na a Hon
HAROLD E. BENDER
Address: 35 M ORANGE ST
SHIPPENSBD7t0, PA
Telephone: (717) 532-7676 17257-0361
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rBITTINGER, CHRISTINE
9 PHEASANT VIEW DRIVE
DILLSBURO, PA 17019
L J
Vs.
DEFENDANT: NAME and ADDRESS
rMARPOE, WOODY, ET AL.
4 WEST MAIN ST. APT/STE 2
WALNUT BOTTOM, PA 17266
L J
TRAVIS MARPOE
4 WEST MAIN ST. APT/STE 2 Docket No.: CV-0000009-05
WALNUT BOTTOM, PA 17266 Date Filed: 1/06/05
THIS IS TO NOTIFY YOU THAT:
Judgment: -y-0R P &1=IPP
® Judgment was entered for: (Name) IaTTT_ T1 =., f-A2TAgr7ryw
® Judgment was entered against: (Name) manpnig, TRAvTo
in the amount of $ 1 1,17 _ SD on: (Date of Judgment) 2(_07 /D5
Defendants are jointly and severally liable. (Date & Time)
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
F-i Portion of Judgment for physical
damages arising out of residential
lease $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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.
J -d-5 Date /VQ o (irJ?*? Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2006 . SEAL
AOPC 315-05 ---- --- ..- nlanlnc 1A.C7.cn sw
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits
Post Judgment Costs
Judgment Total
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CHRISTINE BITTINGER,
Plaintiff,
VS.
TRAVIS AND WENDY MARPOE,
husband and wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 0[vL(,?
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH,
certify that I have served a copy of the Complaint upon the Defendant by U. S. Certified Mail,
First Class Postage Prepaid, on April 13, 2005, as follows:
Wendy Marpoe
Vetrans Way
P. O. Box 91
Ickesburg, PA 17037
Date BRIAN C. LINSENBACH, ESQ. (87360)
SCHRACK & LINSENBACH Law Offices
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LINSENBACH
w OFFI( I S
1
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Wendy Marpoe
Vetrans Way
P. 0. SOX 91
Ickesburg, PA 17037
2. Article Number
(Transfer from service label)
A. Signature
? Agent
XI ..-1. 0hi-n n ...
C. Date of
D. Is delivery addrAr different from item 1? r ? Yg;
If YES, entE4 del ery address below: ? No
3. Service Type
EXCertified Mail ? Express Mail
? Registered IM Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) KI yes
.55-1310
PS Form 3811, August 2001 Domestic Return Receipt
102595-02-M-1035
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CHRISTINE BITTINGER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
No. OS - 1),E1, G l (4?wr
VS.
TRAVIS AND WENDY MARPOE, CIVIL ACTION - LAW
husband and wife,
Defendants
CERTIFICATE OF SERVICE
1, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH,
certify that I have served a copy of the Complaint upon the Defendant by U. S. Certified Mail,
First Class Postage Prepaid, on April 13, 2005, as follows:
Travis Marpoe
Vetrans Way
P. O. Box 91
Ickesburg, PA 17037
Date BRIAN C. LINSENBACH, ESQ. (87360)
SCHRACK & LINSENBACH Law Offices
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LINSENBACH
AW ()FV ICtS
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
TRAVISMARPOE
Vetrans Way
P. 0. Box 91
Ickesburg, PA 17037
A. Signature
X ? Agent
? Addressee
B. Received by,l'P ted Name) C. Date of Delivery
D. Is delivery add ss different from item 19' U Ne:
If YES, entered ivery address below: ? No
3. Service Type
15 Certified Mail O Express Mail
? Registered IX Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) M yes
2. Article Number 7002-2410-0003-7155-1327
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt
102595-02-M-1035
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r? f.:
CHRISTINE BITTINGER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
V.
TRAVIS AND WENDY MARPOE,
Defendants
No. 05-1256
CIVIL ACTION-LAW
DEFENDANTS WENDY MARPOE'S
ANSWER NEW MATTER. AND COUNTERCLAIMS
To: CHRISTINE BITTINGER
You are hereby notified to file a written response to the enclosed Answer, New
Matter, and Counterclaims within twenty (20) days from service hereof or a judgment
may be entered against you.
MIDPENN LEGAL SERVICES
By::?I -
Geoffrey M. Biringer, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
CHRISTINE BITTINGER
Plaintiff
V.
TRAVIS AND WENDY MARPOE
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
:NO. 05 - 1256
CIVIL ACTION - LAW
DEFENDANT WENDY MARPOE'S
ANSWER NEW MATTER. AND COUNTERCLAIMS
ANSWER
1. Admitted.
2. Defendant Wendy Marpoe resides at 6908 Veteran's Way, PO Box #91,
Ickesburg,PA 17037.
3. Admitted.
4. Admitted.
5. Denied. The rent was Five Hundred Fifty Dollars ($550.00), with an extra charge
of Twenty-Five Dollars ($25.00) per month for a pet. Defendant had a pet for
two months during the leasehold.
6. Admitted.
7. Admitted in part. It is admitted that Defendant failed to pay all of the rents, but,
as more fully set out in New Matter and Counterclaims below, it is denied that all
of the rents were "due and owing."
8. Denied. Plaintiff permitted Defendant to stay beyond the initial term of the lease
and, as more fully set out in New Matter and Counterclaims below, only began to
seek Defendant's eviction as Defendant complained about excess electric or
"foreign load" to the Plaintiff and to the utility.
9. Denied. Defendant made a rental payment of Five Hundred Fifty Dollars
($550.00), and, as more fully set out in New Matter and Counterclaims below, did
not owe any other rents.
10. Denied. Defendant is without information sufficient to form a belief as the proof
of the averment and demands strict proof thereof, at trial.
11. Admitted.
12. Admitted in part. It is admitted that Defendant did not vacate the leased premises,
but whether Defendant was in breach of any agreement calls for a legal
conclusion to which no response is required.
13. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment, and proof thereof is demanded at trial.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. Denied. Defendant is without information sufficient to form a belief as to the
truth of the averment and demands proof thereof at trial.
19. Admitted that an itemized list is attached, but denied that it is "due and owing" as
set out more fully in New Matter and Counterclaims below.
20. Admitted.
21. Admitted.
22. Admitted that Defendant refuses to pay, but denied that said amounts are due and
owing as set out herein and in New Matter and Counterclaims below.
WHEREFORE, Defendant demands that judgment be entered in her favor and that
Plaintiff's complaint be dismissed.
NEW MATTER
23. Paragraphs 1-22 are incorporated herein by reference hereto.
24. After Defendant moved into the leased premises in September, 2003, Defendant
discovered defects in the premises that affected the livability of the unit, and
reduced the value of it to her and her family.
25. These defects included, but were not limited to, the following:
a. electrical switch in the bathroom not properly grounded, shocking
Defendant and members of her family.
b. frequent blown fuses in the kitchen at the main breaker.
c. no bannisters from upstairs to the livingroom.
d. no fire escape.
e. loose roof tiles causing air infiltration.
f. ice on front porch due to missing or broken gutters.
g. improperly metered electrical system.
26. Defendant repeatedly advised the Plaintiff of these defects who told her they
were, "not a priority."
27. Plaintiff did not repair the above defects, to the Defendant's detriment.
28. At some point in time during the tenancy, Defendant realized that others in her
building were consuming electricity for their benefit, while the electricity was
running through Defendant's meter and for which she was being charged.
29. This "foreign load,"came from the ceiling light in the laundry room, the
washer/dryer, the light in the common area, an electric baseboard heater, an
outside porch light, and a hot water heater.
30. Defendant believes that this usage cost her an extra Seventy-Five Dollars
($75.00) per month for the fifteen (15) months of the lease.
31. Defendant believes that, due to the defects described above, the leased premises
were worth no more than Four Hundred Dollars ($400.00) per month.
COUNTERCLAIMS
1. Implied Warranty of Habitability
32. Paragraphs 1-31 are incorporated herein by reference hereto.
33. By renting the leased premises to Defendant in the condition described above, and
by failing to make timely repairs after notice, Plaintiff breached the implied
warranty of habitability as to the Defendant.
34. As a result of said breach as to the leased premises, Defendant suffered an
electrical system that was unreliable, unsafe conditions on the stairs, fire exit, and
porch, and an electrical metering system that forced Defendant to pay for other
tenants' electrical usage.
35. Defendant believes that, as a result, the leased premises were worth no more than
Four hundred Dollars ($400.00) per month over the entire length of the tenancy.
36. Defendant, therefore, either overpaid her rent, or is entitled to a setoff against any
rent that is found due, in the amount of One Hundred Fifty Dollars ($150.00) per
month or a total of Two Thousand Two Hundred and Fifty Dollars ($2,250.00)
over fifteen months.
WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of
Two Thousand Two Hundred and Fifty Dollars($2,250), said amount being within the
amount for compulsory arbitration.
II. Unfair Trade Practices and
Consumer Protection Law
37. Paragraphs 1-36 are incorporated herein by reference hereto.
38. By renting the leased premises to the Defendant in a deteriorated condition, by
failing to provide necessary repairs to the leased premises when requested, and by
knowingly leasing to the Defendant an electrical system that required her to pay
for others' usage, Plaintiff violated the Unfair Trade Practices and Consumer
Protection Law in the following respects:
a. Leasing property in a deteriorated condition, 73 P.S. 201-
2(4)(ii);(iii);(v);(xxi)
b. Leasing property with an electrical system and "foreign
load" requiring Defendant to pay for others' electrical
usage. 73 P.S. 201-2(4)(ii);(xxi)
39. Defendant believes, and therefore avers that, as a result of the confusion and
misunderstanding created by the Plaintiff in making the Defendant believe that
the premises were fit for the purpose when they were not, Defendant incurred
electrical bills of Seventy-Five Dollars ($75.00) higher per month as a result of
the "foreign load," for a total overcharge of One Thousand One Hundred and
Twenty-Five ($1,125) over the life of the tenancy.
WHEREFORE, Defendant demands judgment in the amount of three times the
actual damages set forth in Paragraph 39 above as provided for in 73 P.S. 201-9.2, or
in the tod amount of Three Thousand Three Hundred and Seventy Five Dollars
($3,375.00), plus attorney fees, said amount being within the limit for compulsory
arbitration.
Respectfully submitted:
MIDPENN LEGAL SERVICES
Date:
r?
By: .' '1'I 'GL
Geoffrey M. Biringer
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
VERIFICATION
verify that the statements made in this Answer,are true and correct. I understand that
alse statements herein are made subject to the penalties of 18 Purdon's Statutes
>ection 4904 relating to unsworn falsification to authorities.
J
Wend arpoe, Defend nt
Affidavit of Service
I, Geoffrey M. Biringer, hereby state that I served the enclosed Answer,
New Matter, and Counterclaims, by depositing same in the first class, U.S. Mail,
Postage prepaid, and addressed as follows on May, 2005:
Brian C. Linsenbach, Esquire
124 West Harrisburg Street
PO Box#310
Dillsburg, PA 17019
`Geoffrey M Brrmger
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
ID# 18040
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CHRISTINE BITTINGER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 05-1256
VS.
TRAVIS MARPOE AND WENDY
MARPOE, husband and wife,
: CIVIL ACTION - LAW
Defendants
PLAINTIFF'S ANSWER TO DEFENDANT WENDY MARPOE'S
NEW MATTER AND COUNTERCLAIMS
23. No answer required.
24. DENIED. The averments contained therein are conclusions of law to which no response is
required. To the contrary, at all times the premises were suitable for residential purposes and
fit for habitation.
25. DENIED. The averments contained therein are conclusions of law to which no response is
required. To the extent an response is required, the Plaintiff addresses the sub-paragraphs
with the following:
(a) Plaintiff was never informed that the light switch shocked Defendants and
members of their family. To the contrary, Plaintiff checked the light switch twice
on two (2) different occasions, and on each occasion, it was working properly.
However, to appease Defendants, Plaintiff replaced the light fixture in a
reasonable time.
(b) To the contrary, the panel box for the premises consists of breakers and not fuses.
If the breaker was blown, it was most likely due to overloading the circuit caused
by Defendants' simultaneous use of multiple appliances in the kitchen.
SCHRACK &
LINSENBACH
(c) To the contrary, the bannisters were not installed in the premises when Defendants
moved in. Defendants were aware that no bannisters existed at that time and were
requested by Plaintiff not to move in until Plaintiff had an opportunity to install
the bannisters. However, Defendants chose to move into the premises before
installation of the bannisters with the understanding that the Plaintiff would, in a
reasonable time, install the same.
(d) The premises has a first floor entry and exit and therefore, no other fire escape is
necessary.
(e) To the contrary, there are no loose roof tiles causing air infiltration. There are no
roof tiles on the premises. There are drop ceiling tiles in the house, which when
installed properly, lay loosely in the grid.
(f) To the contrary, ice on the front porch would have been due to inclement weather,
and further, under the lease, Defendants were responsible for ice and snow re-
moval.
(g) To the contrary, it was determined by PP&L that the electrical system was not
improperly metered. Further, Defendants did not bring up the issue of improper
metering until after the Plaintiff requested Defendants to vacate the premises and
filed suit on same. Moreover, Plaintiff believes and avers that Defendants
claimed the electrical system was improperly metered in late October or early
November, 2004, solely in response to Plaintiffs attempts to have Defendants
vacate the premises.
SCHRACK &
LINSENBACH
26. DENIED. To the contrary, Defendants never repeatedly advised Plaintiff of each of the
defects, nor did Plaintiff tell Defendants they were "not a priority". To the contrary,
Defendants' written lease required that Defendants notify Plaintiff of any defects in writing.
Plaintiff only received one (1) written notification on or about October 4, 2004, a true and
correct copy of which is attached as Exhibit "A".
27. DENIED. The averments contained therein are conclusions of law to which no response is
required. To the extent a response is required, Plaintiff performed routine maintenance and
made certain repairs to the facility during Defendants' tenancy. At all times throughout the
tenancy, the premises were suitable for residential purposes and fit for habitation. And, in
fact, Defendants enjoyed the premises enough to hold over in violation of the lease terms,
forcing Plaintiff to have Defendants evicted.
28. DENIED. The Plaintiff, after reasonable investigation, is without knowledge or information
sufficient to form a belief as to the truth of the averments contained therein and strict proof
is demanded at trial. Plaintiff was unaware what Defendants realized or that others were
consuming electricity for their benefit running through Defendants' meter. Further, PP&L
determined that there was no foreign load on Defendants' meter. Moreover, all issues
regarding electricity were raised after Defendants violated the terms of the lease and were
requested to vacate the premises.
29. DENIED. The averments contained therein are conclusions of law to which no response is
required. To the extent an response is required, PP&L's determination is contrary to
Defendants' averments.
SCHRACK &
LINSENRACH
30. DENIED. The Plaintiff, after reasonable investigation, is without knowledge or information
sufficient to form a belief as to the truth of the averments contained therein and strict proof
is demanded at trial.
31. DENIED. The Plaintiff, after reasonable investigation, is without knowledge or information
sufficient to form a belief as to the truth of the averments contained therein and strict proof
is demanded at trial.
COUNTERCLAIMS
LImplied Warranty of Habitability
32. No answer required.
33. DENIED. The averments contained therein are conclusions of law to which no response is
required. To the contrary, Defendants had all the necessities required for habitability and
further, Defendants chose to hold over after the terms of the lease, and, in fact, were forced
to be evicted from the premises.
34. DENIED. The averments contained therein are conclusions of law to which no response is
required.
35. DENIED. The averments contained therein are conclusions of law to which no response is
required.
36. DENIED. The Plaintiff, after reasonable investigation, is without knowledge or information
sufficient to form a belief as to the truth of the averments contained therein and strict proof
is demanded at trial.
II. Unfair Trade Practices and
Consumer Protection Law
37. No answer required.
38. DENIED. The averments contained therein are conclusions of law to which no response is
required. To the contrary, if there was any electrical system issue, the Defendants were not
knowingly aware of it until after Defendants' lease term had expired and the Defendants were
holding over in violation of the lease.
39. DENIED. The Plaintiff, after reasonable investigation, is without knowledge or information
sufficient to form a belief as to the truth of the averments contained therein and strict proof
is demanded at trial.
WHEREFORE, Plaintiff demands that Judgment be entered in her favor and Defendants'
claims be dismissed.
Respectfully submitted:
SCHRACK & LINSENBACH LAW OFFICES
BRIAN C. LINSENBACH, ESQUIRE
I. D. #87360
Attorney for Plaintiff
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
SCHRACK &
LINSENBACH
1,w.>1t1.11
VERIFICATION
I, CHRISTINE BITTINGER, verify that the facts set forth in this document are true and
correct to the best of my knowledge, information, and belief. This verification is made subject
to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unsworn
falsification to authorities.
CHRISTINE BITTIN ER
$ HRA-M&
K
I Nc ?aCB
IAW OFFICES
CHRISTINE BITTINGER,
Plaintiff
VS.
TRAVIS MARPOE AND WENDY
MARPOE, husband and wife
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-1256
: CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH,
certify that I have served a copy of the PLAINTIFF'S ANSWER TO DEFENDANT'S WENDY
MARPOE'S NEW MATTER AND COUNTERCLAIMS upon the Defendants by U. S. Certified
Mail, First Class Postage Prepaid, on June 2, 2005, as follows:
Geoffrey M. Biringer, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
SCHRACK &
LINSENBACH
Date BRIAN C. LINSEN ACH, ESQ. (87360)
SCHRACK & LINSENBACH Law Offices
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
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Curtis R. Long
Prothonotary
office of the Vrotbonotary
Cumbers nb QCountp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
dS - /.Z.S 6 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 (717) 240-6573