Loading...
HomeMy WebLinkAbout14-1884 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM • MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /7-,/g9 / NOTICE OF APPEAL J Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. N;, APPELLANT MAG.DIST.NO. NAME OF MDJ YaL` .c` \\ f ir\flJ-OA-3-05 1A ntc \-c. no.�k n,,c--\\ ADDRESS OF APPELLANT CITY STATE ZIP CODE \61A-Q\ C6AS'n 3?(4..c -c-c\ . bb\\. c.. DATE OF JUDGMENT IN HE CASE OF aiinttiii) '�\�) �^ Defendant c9 A an" . 14 0,,o6IJ) L, a );.e k \ vs -4 \ ;t- 1 \'fir DOCKET No. SIGNATURE 0- I.. IRA A NEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was imant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to The judgment for possession in this case. within twenty 1114:4fila . 1.4_42....et_ (20)days after filing the NOTICE of APPEAL. ---- Signature c'rrofhorotaryorDeputy - :„ TO C PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (P ..., )' (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in actior>77 gre Ma&steri Distdct Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. c) _y, PRAECIPE: To Prnthnnntan ::" -` Enter rule upon P-.)(ana_. L.. - "" t<,..1 appell-.!=(s), to file a complaint in this appeal Name of s a^ ellee rp () (Common Pleas No. / y—ifley )within twenty(20)days after service of r - or 4f C. nt of gment of non pros. Sig ture of appellant or attorney or agent RULE: To c)—)ctr.)ck.:l_ L. DI.chl, , appellee(s) Ni" ppellee(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:3/3/201y I /. . _ • Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 49 ac.p,...31--- k. -4k 33/0./ 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ Name: Address: MDJ-09-3-05 Honorable Mark Martin 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Paul Tim ler 1549 Boiling Springs Rd Boiling Springs, PA 17007 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary (cc - Cross Complaint) Docket No Plaintiff MJ-09305-LT-0000026-2014 Randy L Diehl MJ-09305-LT-0000026-2014 Randy L Diehl Judgment Summary Participant Angela Tim ler Paul Tim ler Randy L Diehl Defendant Paul Timler Angela Timler /e/ /eBy Notice of Judgment/Transcript Residential Lease Joint/Several Liability Individual Liability Judgment Finding (*Post Judgment) $6,059.59 $6,059.59 $0.00 $0.00 $0.00 $0.00 Randy L Diehl v. Paul Timler, Angela Timler Docket No: MJ-09305-LT-0000026-2014 Case Filed: 2/18/2014 Yes No Disposition Judgment for Plaintiff Judgment for Plaintiff Disposition Date 02/27/2014 02/27/2014 Amount $6,059.59 $6,059.59 $0.00 In the matter of Randy L Diehl vs. Paul Timler; Angela Timler on MJ-09305-LT-0000026-2014, on 2/27/2014 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $1,200.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $190.46 ' $0.00 $190.46 Rent in Arrears $5,724.13 $0.00 $5,724.13 Server Fees * $145.00 $0.00 $145.00 Grand Total: Portion of judgment for physical damages arising out of residential lease: $6,059.59 $0.00 MDJS 315A Page 1 of 3 Printed: 03/19/2014 1:03:58,PIVI Randy L Diehl v. Paul Timler, Angela Tim ler Docket No.: MJ- 09305 -LT- 0000026 -2014 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY /CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW- INCOME AND /OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED. IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date icc Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 03/19/2014 1:03:58PM IN THE COURT OF COMMON PLEAS OF COUNTY v 6? — EJ L Plaintiff Vs. r-A) Defendant • 11• T f wr PETITION TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE, THE JUDGES OF SAID COURT: (1) I am the (check one) ❑ PLAINTIFFAI DEFENDANT in the above matter and because of my financial condition I am unable to pay the required filing fee of $ (2) I am unable to obtain funds from anyone, including my family and associates, to pay this fee. (3) Check one: ❑ I am currently a recipient of the following type(s) of Benefits from the Pennsylvania Department of Public Welfare or Social Security Administration: (Check all that apply and be prepared to present to the filing clerk supporting documentation that you are currently receiving the benefits(s)) cash benefits medical benefits SSI I am not currently receiving cash or medical Public Assistance benefits, but I am attaching a completed Poverty Affidavit that verifies my financial condition, and why I cannot afford to pay the aforementioned filing fee. I verify that the statement made in this Petition, and attached Poverty Affidavit (if applicable), are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating sworn falsification to authorities. Date: Name of Petitio ^ Address:l 1 1 i 1J1, nob-) -) You do not need to fill out this petition if you receive benefits from the Department of Public Welfare or the Social Security Administration. IN THE COURT OF COMMON PLEAS OF - COUNTY Vs. Plaintiff : ❑ Custody ❑Partial Custody ❑ Visitation ❑ Support D.R. No.: Defendant PACSES No.: POVERTY AFFIDAVIT 1. I, re1N am the (check one) ❑ PLAINTIFF- DEFENDANT in a support /custody matter, and because of my financial condition I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I any unable to obtain funds from anyone, including family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: t— (a) Name: F\L) ■�∎ i,c.N\L Address: VS.LAC 1 ,t•L� . Social Security Number: –t_ ;"' 0"1° Employment: (b) If you are presently employed, state: Employer: Employer Address: Salary or Wage per month: Type of Work: (c) If you are unemployed: state: Date of last employment: Salary or Wages per month:VI LOC) Type of Work: \-NesPN.) (NEN-c.tt_ Other income within the past twelve months: Business or profession: Other Self-employment: Support payments: Interest: Disability payments: Dividends: —er Unemployment compensation and/or supplemental benefits:—^ Pension & annuities: Public assistance/welfare Other \-\D-i‘k (d) Other contributions to household support: Wife/Husband (circle one) Name: If your wife/husband is employed, state: Employer: Salary or wages per month: Type of Work: Contributions from children per month: Contributions from parent per month: Other contributions per month: Property owned: C\ 00.e (e) Cash: c:ArAS50 Cok Checking account: Saving account: IS , Certificates of deposit: Real estate (including Motor vehicle: Make:CLTh fC Stocks; Bonds: Other: Cost: ILS ,cxxD , tJ,i\m,.c bc.)-Ym ccNNirc.-t;r,-"rs 'ctAcS Thl-k`3;-10 kfzpiks Year: C900, S' Amount OweN% . \O (f) Debts and obligations Rent: t \OO . kt:A&S) Loans: Other: L)-0 ■ki —VM130 (g) Persons dependent upon you for support: Wife/Husband Name: Child(ren) (if any): Names(s) sJ iNcick 61_ Other Persons: e_NA( (Q.N.NrI\a) _r_ Age(s) 1 Lp \ Name(s) Relationship 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. S Q.L)..\_AL (.4 \■) Rs 61D, -,%-aS1 cm vo\-SE_ itif\c\•diN 8t.po\ vsacAz..,Q or\ )5tA -N c(t_ 5. I verify that the statements in this affidavit are true and statements herein are made subject to the penalties unsworn falsification to authorities. rrect. I understand that false a. C.S.A. § °04, relating to Date Petitioner RANDY L. DIEHL vs. PAUL TIMLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -1884 CIVIL IN RE: PETITION TO PROCEED IN FORMA PAUPERIS ORDER AND. NOW, this 4th day of April, 2014, the request of the defendant to proceed in forma pauperis is GRANTED. bas By the Court, 1"N- osta CERTIFIE PFC13)-4T (DomestkMailiOnirlictire.t, veraGu,t,zovided) 1E61.7:11.611v1iitsmivat1,57,,Tii:e,3,,Wr;v7iblitrzit—•—,www.!Isprr:noinlIM Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+4 ,32014 PoStmark /Here 04/09/2014 PS Form 3800, August 2006 See Reverse for Instructions 1-9 rn m co ru APPEA (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Chebk applicable boxes.) Osta CERTIFIED MAIL, CEIPT Only;Wo in urance Coverage Provided) IF,Erldellv'WiliifoTm'itlanyiiltpur,wetigite7at,www.usps.coms MEC N 4 (Domestic Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & F fit To gtreet, Apt. No.; or PO Box No. City, State, ZiP+4 tJ PS Form 3800, August 2006 See Reverse for Instructions COMMONWEALTH OF PENNSYLVANIA C 0 U NTY OF to oTh"Zr) ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served LI a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service)LVS 20 114\ El by personal service 6ifid (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 Dby personal serviceD sender's receipt attached hereto. (SWORN (AFFIRMED AIV. SUBSCRIBED BEFORE ME THIS DAY OF • , 20 /V Signature fficie) before whom affidavit was made • „. • t • • - • Piothenetary;Curnberlarid.Coarrity, Carlisle, PA Aty Commission Expires the First Monday of Jan. 20111 Title of offiCia!! • • My commission expires on AOPC 312A - 05 , 20 /g by (certified) (registered) mail, Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff t? PR0 T H0H0 2014 APR ID Pit 2 :57 CUMBERLAND COUNTY PENNSYLVAtiIA RANDY L. DIEHL v. PAUL TIMLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -1884 CIVIL PRAECIPE To the Prothonotary: Please enter the appearance of MARTSON LAW OFFICES as attorneys for the Plaintiff. MARTSON LAW OFFICES By:K2 4 C Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff Date: ti/e//4, THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR RANDY L. DIEHL. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe for entry of appearance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul Timler 1549 Boiling Springs Road Boiling Springs, PA 17007 MARTSON LAW OFFICES By: 4i a4ce; Price 10 E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9/107- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs t !LEO-OFFICE Ur THE FROTHONOTAR' 2614 APR 17 AMC: CUMBERLAND COUNTY OTTO GILROY & FAIFIEFAS MANIA RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. PAUL TIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -1884 CIVIL NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ( "THE ACTS ") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243 -3341 * THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F:\FILES \Clients \13728 Diehl, DR &B \13728.2 Timler \13728.2.comI wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14 -1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant COMPLAINT 1. Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl (collectively, "Plaintiffs ") are adult individuals with a mailing address of 3 Shirley Lane, Boiling Springs, Pennsylvania 17007. 2. Plaintiffs are the owners of the real property located at 1549 Boiling Springs Road, Boiling Springs, Pennsylvania 17007 (the "Property "). 3. Paul Timler ( "Defendant ") is an adult individual residing at the Property. 4. On February 12, 2013, Defendant and Angela Timler entered into a Residential Lease Agreement ( "Lease ") with Plaintiffs. A true and correct copy of the Lease is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. On February 27, 2014, Plaintiffs obtained a judgment against Angela Timler for breaching the Lease, and Angela Timler has not appealed the judgment. 6. Pursuant to the Lease, Defendant agreed to lease the Property and to pay to Plaintiffs monthly rent in the amount of $1,200.00 on or before the first day of each month, commencing March 1, 2013. 7. The Lease terminated on February 28, 2014, provided that Plaintiffs notified Defendant with at least two months' written notice of such termination. 8. On November 29, 2013, Plaintiffs provided Defendant with written notice confirming that the Lease would terminate on February 28, 2014. A true and correct copy of Plaintiffs' correspondence dated November 29, 2013, is attached hereto as Exhibit `B" and is incorporated herein by reference. 9. Despite demand from Plaintiffs for payment of monthly rent, Defendant has failed to pay rent for the following months: a. November 2013; b. December 2013; c. January 2014; d. February 2014; e. March 2014; and f. April2014. 10. The total monthly rent due and owing is $7,200.00. 11. Pursuant to Paragraph 13 of the Lease, Defendant is responsible for payment of, among other utilities, trash and fuel oil. 12. Despite demand for payment of the same, Defendant has failed and refused to pay trash collection fees in the amount of $45.75 and heating oil in the amount of $878.38. 13. Plaintiffs have paid the trash collection and heating oil charges referenced in Paragraph 12. 14. On February 11, 2014, Plaintiffs provided Defendant with written notice that Plaintiff was terminating the Lease and evicting Defendant pursuant to Paragraph 5 of the Lease. 15. The total amount due and owing to Plaintiffs from Defendant as of April 14, 2014, is $8,124.13. Plaintiffs reserve the right to claim additional damages herein as a result of Defendant's failure to vacate the Property, and damages discovered on the Property. WHEREFORE, Plaintiff Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl request that this Court (a) enter judgment in their favor of Plaintiffs and against Defendant Paul Timler in the amount of $8,124.13, plus additional rent not paid hereinafter, interest, costs, attorney fees, late fees, and damages to the Property, along with any other relief this Court believes is just and proper; and (b) enter an Order evicting Defendant Paul Timler from the Property and granting possession of the Property to Plaintiffs. Date: 4_ % 7 -/ MARTSON LAW OFFICES By: C �C i Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR RANDY L. DIEHL, BRENDA D. PALLANTE, AND DONALD E. DIEHL. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIB `A" RESIDENTIAL LEASE AGREEMENT This Lease is made this 12th day of February, 2013. The "Landlord" is Randy L. Diehl, Brenda D. Pal!ante and Donald E. Diehl, a licensed Pennsylvania Real Estate Broker with a business address of 4 East High Street, Suite A, Carlisle, PA 17013. The Tenants are: Paul and Angela Timler. The property being leased is located at: 1549 Boiling Springs Rd., Boiling Springs, PA 17007 (referred to as "Premises "). 'I he Landlord and Tenant are hereby legally bound by the terms of this Lease. Landlord and Tenant both understand that this is a legal, binding contract and either party may seek an attorney's opinion before signing it. 1. TERM OF LEASE. This Lease will begin on March 1, 2013, and end at midnight on February 28, 2014 ( "Initial Term "). 2. TERMINATION &. RENEWAL. This Lease shall terminate on the date provided above after the Landlord or Tenant gives the other party written notice at least two (2) months prior to the end of the Initial Term. In the event that such written notice of intent to terminate is not given by either party to the other, this Lease shall renew automatically with the same terms and conditions in force immediately prior to the expiration of the Initial Term for another period of one year and so on from year to ycar. However, the Landlord may change the terms and conditions of this Lease if the Landlord gives one month written notice of such changes prior to the expiration of any term, and the Tenant continues to remain on the Premises after the effective date set forth in the notice. All terms and conditions in existence prior to such notice, which are not inconsistent with or repealed by such notice, shall remain in full force and effect. 3. EARLY TERMINATION. Tenant may end this Lease as permittcd under Paragraph 2 above at the end of any calendar month, for any reason, before the Lease ends only by doing all of the following: (a) giving the Landlord at least thirty (30) days written notice; (b) paying any money due to the Landlord up to the ending date, including rent, late charges, damages and any other charges allowed by law; and (c) paying to Landlord an amount equal to one (1) months of rent as a termination fee. LP 4. BREACH. Tenant has breached the Lease if and when Tenant: (a) fails to pay rent when it is due; (b) fails to pay Landlord any other sum when it is due; (c) violates any provision of this Lease, including the Rules and Regulations attached hereto; (d) vacates and/or removes his/her possessions from the Premises prior to paying Landlord any and all charges due under the terms of this Lease; (e) fails to vacate and/or remove his /her possessions from the Premises at the end of the Lease; or (f) does any act which is prohibited or fails to do any act which is required under the terms of this Lease or the law. 5. LANDLORD'S REMEDIES. If Tenant breaches this Lease, Landlord may, in addition to all other remedies afforded by law: (a) end this Lease immediately; provided, however, Landlord has given Tenant five (5) days written notice before commencing any legal action to have Tenant evicted; TENANT UNDERSTANDS THAT TENANT IS HEREBY WAIVING TENANT'S RIGHT TO ANY FIFTEEN (15), THIRTY (30) OR NINETY (90) DAY NOTICE ALLOWED UNDER THE PENNSYLVANIA LANDLORD- TENANT LAWS. (b) demand immediate payment in full for all amounts owed Landlord under the terms of this Lease, including but not limited to rent past due, rent due for the remainder of the unexpired lease term, late fees, court costs, reasonable attorneys' fees, and other damages provided by law; (c) have Tenant's property seized by the Courts and sold to pay any debts owed by Tenant to Landlord; and (d) sue Tenant for all amounts owed Landlord under the terms of this Lease, including but not limited to rent past due, rent duc for the remainder of the unexpired lease term, late fees, court costs, reasonable attorneys' fees, interest and other damages provided by taw. 6. RENT. Tenant agrees to pay to Landlord monthly rent of one thousand two hundred Dollars ($1,200.00). Tenant agrees to pay the monthly rent in advance by the first day of each month. Tenant will not receive a bill or invoice for monthly rent. Payment of the final monthly rent shall be due on the first day of the month as well. aLp _-‘22 7. SECURITY DEPOSIT. Tenant will pay to Landlord a security deposit equal to one month's rent set forth in Paragraph 6 above. Landlord will hold the deposit as security for: (a) payment of rent; (b) payment of any other sum due from Tenant to Landlord; (c) charges for damages caused by Tenant, Tenant's family or Tenant's guests; and (d) performance of this Lease. Tenant further understands that the Tenant may not apply this security deposit against rent or any other money due to the Landlord. Landlord will refund the security deposit to Tenant, less any sum due on Tenant's account, within thirty (30) days following the end of the Lease. Any refund will be made by check payable to all persons signing this Lease as Tenant. Tenant must supply to Landlord in writing a forwarding street address (no post office boxes) in order to receive any refund due Tenant. 8. POSSESSION. Tenant agrees that if Landlord cannot give 'Tenant immediate possession due to the fact that a previous tenant has not vacated the Premises at the end of their lease or for any other reason beyond the control of the Landlord, the Tenant hereby waives any right it may have to hold Landlord responsible for any and all damages. However, Landlord will not begin to charge monthly rent until such time as Landlord can give Tenant substantial possession. All other terms of this Lease will remain in full force and effect. 9. USE OF PREMISES. "Tenant agrees to use the Premises only as the principal residence of the Tenant and for those other uses listed on Landlord's Rental Application. Tenant agrees not to do or permit any act or practice which: (a) injures the Premises or anyone on the Premises; (b) disturbs other residents or neighbors on or near the Premises; (c) adversely affects the insurance on the property; or (d) is against the law. 10. CARE OF PROPERTY. Tenant will not misuse or mistreat any portion of the Premises or Landlord's property, including appliances and common areas. Tenant further agrees to: (a) give notice to Landlord of any and all needed repairs to the Premises; (b) pay for any repairs to Landlord's property necessitated by any lack of care on the part of Tenant. Tenant's family or Tenant's guests; (c) not make any improvements to the Premises without Landlords prior written approval; and (d) leave the property, including appliances, walls and floor coverings, clean when vacating the Premises. When vacating the Premises, all carpet and vinyl is to be 3 LP \9 4_ Pe cleaned by a professional commercial cleaner at Tenant's expense Landlord will make any necessary repairs to the Premises within a reasonable period of time after having received notice of the need for repair from Tenant. 11. DAMAGE BY FIRE. If the Premises is damaged by fire or other mishap, the Landlord will repair it within a reasonable period of time. Tenant may continue to reside at the Premises if the same is not rendered uninhabitable, and rental fees shall continued to apply. If the Premises shall be determined to be uninhabitable, Tenant may move out and end the Lease. Tenant shall be responsible for immediate payment of any rent or other charges due to the date which the property is surrendered. 12. INSURANCE. Landlord will be responsible to provide insurance on the Premises against fire and other casualty, including liability coverage for injury or damage occurring within common areas of the Premises. Landlord is NOT responsible for loss or damage to Tenant's personal property located in or on the Premises. Tenant is advised to obtain Renter's Insurance for protection of his/her personal belongings. 13. UTILITIES. Landlord and Tenant are responsible to pay for utilities as follows (check the appropriate line): Water Sewer Trash Electric Gas Fuel Oil Landlord: X X Tenant: X X N/A X Tenant is responsible for telephone and cable television services. Landlord is responsible for maintenance of all other systems belonging to Landlord. Landlord is not responsible for failure to provide heat, hot water, or other utilities or services if the failure is beyond the Landlord's control. Any repairs needed to maintain the utility systems owned by Landlord in working order shall be performed in a reasonable period of time. Landlord reserves the right to pay any amounts set forth above on behalf of Tenant, and such amounts paid on behalf of Tenant will be charged. 14. APPLIANCES. Landlord and Tenant are responsible for supplying appliances as follows (check the appropriate line): Stove Refrigerator Dishwasher Washer Dryer Landlord: X X X X Tenant: X 15. ENTRY BY LANDLORD. Landlord or anyone allowed by Landlord has the right to enter the Premises at reasonable time for the purpose of: 4 (a) inspecting the Premises; (b) making repairs or alterations; (c) enforcing this Lease; (d) showing the Premises to prospective purchasers or tenants; (c) otherwise correcting or preventing a breach of this Lease. 16. ASSIGNMENT OR SUBLETTING. Tenant shall not assign or sublease the Premises or any part thereof without prior written consent of the Landlord. See Rules and Regulations item 3. 17. BAD CHECKS. Tenant will be charged a fee of $20.00 for each check returned to Landlord due to "INSUFFICIENT FUNDS" caused by closing of an account or any other technical defect of the check. In addition, Tenant will be responsible for any and all charges that Landlord may incur as a result of said bad check. 18. RULES AND REGULATIONS. Tenant agrees that it, its family and guests will obey the Rules and Regulations attached hereto and incorporated by reference as part of this Lease. 19. NON- WAIVER OF REMEDIES. Tenant agrees that if Landlord accepts rent or any other charges after they are due, or if Landlord does not insist on strict enforcement of any other terms of the Lease, this will not be considered a waiver of the right to insist on the strict performance of any term or condition of this Lease in the future. Landlord may selectively and inconsistently, for any reason, enforce or waive remedies available to Landlord without establishing future policy. 20. LAWN MAINTENANCE AND SNOW REMOVAL; INDEMNITY. Tenant agrees to keep the lawn maintained as required by law. Tenant shall be responsible for promptly clearing the walkways and sidewalks from any snow, ice and debris as required by any law or ordinance now in effect or enacted during the term of this Lease, and so as to keep the Premises reasonably safe for pedestrian travel. In the event that a third party is injured by Tenant's failure to properly clear the walkways and sidewalks as required above, Tenant hereby promises to indemnify and hold harmless Landlord for any and all demands, damages, actions or causes of action, claims, and all other costs claimed by and/or rewarded to such third party. 21. AMENDMENTS. Amendments to this Lease shall be made in writing by all parties hereto to be effective. 22. NOTICES. All notices to be given hereunder by the Tenant shall be given in writing and sent by mail, and in the case of Landlord, either by mail to the addressees set forth herein. 5 QLt 9 {SDP personal delivery or by posting on the Premises. 23. REPRESENTATIONS & WARRANTIES. At the commencement of the Term. Tenant accepts the Premises in the existing condition and state of repair, and Tenant agrees that no warranties or representations, express or implied, have been made by or on behalf of Landlord except as contained herein. 24. TOTAL AGREEMENT. This Lease, and the attachments hereto, contains the entire agreement of the parties and shall not be modified except in writing signed by all parties or unless otherwise provided for herein. This agreement shall bind Tenant's heirs, successors, legal representatives and assigns and shall be interpreted in accord with thc laws of Pennsylvania. If . any provision of this Lease is held invalid, the remaining portions shall continue in full force and effect. Tenants shall be jointly and severally liable for the performance of all terms and conditions contained herein. 25. TIME IS OF THE ESSENCE. Time shall be of the essence in all provisions hereof. 26. SURRENDER OF PREMISES. Upon the expiration or termination of this Lease, Tenant shall be responsible to return the Premises to Landlord in the same condition in which Tenant received it. Tenant shall be responsible for the removal of all personal belongings upon the expiration or termination of this Lease. If Tenant shall fail to remove its personal belongings, Landlord shall have Tenant's personal belongings removed and charge the Tenant with any costs incurred. Tenant shall also be responsible to contract with and pay for the professional commercial cleaning of all carpeting and vinyl in the Premises. 27. PERMISSION TO HAVE PETS: Pets must be approved by Landlord. The pets must be house broken. All dogs must be kept on leash when outside. Tenant has permission to have one dog. THE PARTIES EXECUTE THIS LEASE AND AGREE TO BE BOUND BY THE SAME, INCLUDING THE WAIVER PROVISION IN PARAGRAPH 5, ON THIS 12th DAY OF FEBRUARY, 2013, AND ACKNOWLEDGE THAT EACH PARTY HAS READ THE ENTIRE LEASE AND UNDERSTANDS THE PROVISIONS WITHIN. 6 T>�N Printed Name: C)-(_) Printed Name: LANDLORD Donald E. Diehl 4,„zek /9,ezz, Brenda D. Pallante 7 RULES AND REGULATIONS 1. NO NOISE: Tenant, including family and guests, will not do anything or make any noise or conduct themselves in any way that interferes with the rights, comforts or conveniences of any other resident or neighbor. 2. NO PETS WITHOUT PERMISSION: No pets of any kind shall be kept at or on the Premises without the Landlord's prior written permission. See item 27 in lease. 3. ADDITIONAL PERSONS: Tenant has permission to have up to a total of five people living in the house. 4. CONDITION OF DWELLING: Tenant shall keep dwelling in good and sanitary condition and shall not make any improvements or repairs on the Premises without the prior written consent of Landlord. 5. LOCKS: Tenant shall not change or install additional locks without the written permission of Landlord. 6. HEATERS: Tenant is not permitted to use any kerosene or space heaters in or on the Premises. 7. TOXIC, HAZARDOUS AND FLAMMABLE SUBSTANCES: Tenant shall not store or permit to be stored on the Premises any toxic, hazardous or flammable substance. 8. FIRE PROTECTION DEVICES: Landlord will install and maintain the fire prevention protection and warning devices in the Premises. Tenant will not interfere with or disable any such equipment. Tenant is responsible for verifying that all such equipment is operational at all times. Tenant will replace batteries when needed and notify Landlord immediately when such equipment is not functioning, needs repaired or has been tampered with. 9. DISHWASHER AND WASHING MACHINE: Tenant must use liquid detergent in dishwasher and washing machine. 10. WATER SOFTENER: Rock salt must be kept in the water softener at all times by tenant at tenant's expense. 11. OIL TANK: Previous tenant has the oil tank full or near full. Tenant must fill oil tank to that level when tenant moves from premises. 12. BICYCLES: If renters have bicycles, they should be stored in the garage or on the SDP 8 porch. 13. TOILETS: Toilet paper is the only paper product that may be put in the toilets. Wipes that indicate that they are safe for sewer or septic systems may not be put in the toilets. Also, kitty litter or anything else from a litter box may not be placed in the toilets. Tenant must put '/4 cup of CCLS septic additive in the toilet once a week. Landlord will provide the CCLS additive. 14. AIR CONDITIONER: Tenant must change the air filter for the air conditioner approximately every 30 days when the air conditioner is in use. Landlord will provide the filters. 15. NAILS, SCREWS, OR HANGERS IN WALLS: There are some nails already in the walls for the tenant to use to hang things. No additional nails, screws, or hangers of any type may be put in the walls without permission. 16. NO SMOKING: No Smoking permitted in any building on premises. 17. NO LIT CANDLES: No lit candles are permitted on premises. �pP 9 EXHIBI `B" Randy L Diehl 3 Shirley Lane Boiling Springs, PA 17007 Paul and Angela Tim ler 1549 Boiling Springs Rd. Boiling Springs, PA 17007 Dear Paul and Angela: November 29, 2013 According to the lease we signed dated February 12, 2013, the lease began March 1, 2013 and ends at midnight on February 28, 2014. The lease terminates at midnight February 28, 2014 provided either the Landlord or Tenant gives the other party written notice of intent to terminate at least two months prior to that date. This letter is written notice that I am terminating the lease at midnight February 28, 2014. If you are able to find other lodging and choose to move before February 28, 2014, I will not require the additional month's rent as described in the lease under early termination. I am providing three months notice instead of the required two. I am doing this so that you have more time to find something that won't require your daughter to change schools prior to the end of the school year. Sincerely, Randy L Diehl cc: Donald E. Diehl Brenda D. Pallante VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES \Clients \13728 Diehl, DR &B \13728.2 Timler \13728.2.pral.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs t= ,? ED-Oi° =1%E OF THE PRO i HONG A 2014 APP 29 PM 14,1 CUMBERLAND PENNSYLVANIA COUNTY RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. PAUL TIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -1884 CIVIL PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: As an indigent tenant under Pa.R.C.P.M.D.J. No. 1008, Defendant was required to pay one- third of the monthly rent to the Prothonotary's Office at the time of filing his notice of appeal and an additional deposit of two - thirds of the monthly rent within twenty (20) days of filing the notice of appeal. Due to Defendant's failure to pay the full two - thirds of the monthly rent by April 20, 2014, Plaintiffs request that the supersedeas be terminated under Pa.R.C.P.M.D.J. No. 1008(C)(7) and the attached Notice of Termination be served on the parties. MARTSON LAW OFFICES Date: N 1i9 //y By: Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR RANDY L. DIEHL, BRENDA D. PALLANTE, AND DONALD E. DIEHL. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14 -1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant NOTICE OF TERMINATION Due to Defendant's failure to pay the deposits required by Pa.R.C.P.M.D.J. No. 1008(C)(3)(a), the supersedeas is terminated and the deposits of rental paid by Defendant to the prothonotary's office are released to Plaintiffs. Distribution: Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiffs Paul Timler 1549 Boiling Springs Road Boiling Springs, PA 17007 Defendant tafy By: . „el_ /..D,l 2-��L Prothonotary of Cumberland County FILED-OFFICE OF Christopher E. Rice, Esquire THE PRO1HON0TAfri' Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERI4 APR 30 PH 0 24 MARTSON LAW OFFICES CUMBERLAND COUNTY io East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14-1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant MOTION TO RELEASE DEPOSITS AND NOW, come Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl ("Plaintiffs"), by and through their attorneys, Martson Law Offices, and hereby file their Motion to Release Deposits, and in support thereof, aver as follows: 1. On March 31, 2014, Paul Timler ("Defendant") filed a Notice of Appeal from a judgment rendered by a Magisterial District Judge. 2. The Magisterial District Judge awarded possession of the premises located at 1549 Boiling Springs Road, Boiling Springs, Pennsylvania (the "Premises") to Plaintiffs. 3. The Magisterial District Judge also awarded a money judgment in favor of Plaintiffs in the amount of $6,059.59. 4. Plaintiffs filed their Complaint against Defendant on April 17, 2014. 5. As an indigent tenant under Pa. R.C.P.M.D.J. 1008(C)(3)(b), Defendant was required to pay one third of the monthly rent upon filing the Notice of Appeal. 6. Under Pa. R.C.P.M.D.J. 1008(C)(3)(b), Defendant was also required to pay an additional deposit of two thirds of the monthly rent within twenty (20) days of filing the Notice of Appeal. 7. The monthly rent for the Premises is $1,200.00. 8. On April 1, 2014, Defendant paid $400.00, or one third of the monthly rent, to the Prothonotary's Office. 9. On April 4, 2014, Defendant paid an additional $500.00 to the Prothonotary's Office. 10. Under 68 P.S. § 250.513(c), upon application by the landlord, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant's actual possession and use of the Premises during the appeal. 11. No Judge has previously been assigned to rule on any matters in this action. WHEREFORE, Plaintiffs Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl, request that this Court enter an Order releasing funds currently held by the Prothonotary's Office to them and authorizing the release of additional funds paid to the Prothonotary's Office to them on the first day of each month during the pendency of the appeal. MARTSON LAW OFFICES By: Date: 4/30/14 Christopher E. Rice, Esqui I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR RANDY L. DIEHL, BRENDA D. PALLANTE, AND DONALD E. DIEHL. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Release Deposits was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Paul Timler 1549 Boiling Springs Road Boiling Springs, PA 17007 MARTSON LAW OFFICES By Dated: 4/30/14 ()nth —pi Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 4 F:\FILES\Clients\13728 Diehl, DR&B\13728.2 Timler\ 13728.2.motl.wpd RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14-1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant ORDER Sf AND NOW, this day of a Y , 2014, upon consideration of the Plaintiffs' Motion to Release Deposits, it is hereby ORDERED that all funds currently paid by the Defendant to the Prothonotary's Office be released to Plaintiffs and further that all funds paid by the Defendant during the pendency of his appeal be paid to the Plaintiffs on the first day of each month to compensate them for Defendant's use and possession of the premises during the pendency of the appeal. Distribution: /(hristopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiffs /aul Timler 1549 Boiling Springs Road Boiling Springs, PA 17007 Defendant By: \\\0,4 J. . 11‘.. - .,c1•11CrHL rum) Check Date: 05/01/2014 Case No. Defendant 14-01884 DIEHL RANDY L .14-01884 DIEHL RANDY L 76;C. Ct- 1: c=" * 2318 * Descriptions Amt Released Receipt RENT 400.00 303673 RENT 500.00 303987 Check Amount: INFOCM9RPOUTION[L1558HB) 4681375 David D. Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GENERAL FUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 CHECK DATE CHECK NUMBER 05/01/2014 TO THE ORDER OF DIEHL RANDY L 2014-1884 2318 ORRSTOWN BANK SHIPPENSBURG, PA 60-1503/313 PAY THIS AMOUNT $900.00 Nine Hundred And 00/100 Dollars Security features Inducted. Details on back 0600 3180 1:0313150 361: 108 Lo 15414905012014 PYS380 Payee Name DIEHL RANDY L Cumberland County Prothonotary's Office Page: 1 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check - Rel Date Desc No No Amount Date No Amount RENT 3/31/2014 PYMT/CASH 303673 14-01884 400.00 4/04/2014 PYMT/MONEY ODR 303987 14-01884 500.00 05/01/2014 2318 900.00 End of Listing Total Amount Released 900.00 t Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs UP- } !L_kD-01'7F, ,k PkQTf-HON,~i;. 2014 AUG I P/112: 52 OTTO GILROY & FALLER EuMBEPL q N0 PENNSYLVANIA' ENNS YL yANIA' TY RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. PAUL TIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-1884 CIVIL AFFIDAVIT OF SERVICE I, Christopher E. Rice, Esquire, Attorney for Plaintiffs, being duly sworn according to law, deposes and states that a copy of the Complaint in the above -referenced matter was served on Defendant Paul Timler by mailing a copy via first class mail, with the attached letter dated April 17, 2014. Sworn to and subscribed before me this /Mk day of August, 2014. MARTSON LAW OFFICES By: 4 (' Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES This is a debt collecting firm attempting to collect a debt for Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl. Any information obtained will be used for that purpose. 2 (Ito MARTSON D EAR.DO I(FF WILLIAMS Yr' I'o L.7ILROY & FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TFJ.EPHONE FACSIMILE INTERNET (717) 243-3341 (717) 243-1850 www.martsonlaw.com April 17, 2014 Mr. Paul Timler 1549 Boiling Springs Road Boiling Springs, PA 17007 WILLIAM F. MARTSON JOHN B. FOWLER HI DANIEL K. DEARDORFFt THOMAS J. WILLIAMS* IVO V. Orro III HUBERT X. GILROY GEORGE B. FALLER JR.* DAVID A. Fr rsIMoNs CHRISTOPHER E. RICE SETH T. MOSEBEY KATIE J. MAXWELL AARON S. HAYNES • 'BOARD CERTIFIED CML TRIAL SPECIALIST tBOARD CERTIFIED WORKERS COMPENSATION SPECIALIST RE: Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl v. Paul Timler No: 14-1884, Cumberland County Court of Common Pleas Our File No. 13728.2 Dear Mr. Timler: Enclosed for service upon you is a Complaint filed on behalf of our clients, Randy L. Diehl, Brenda D. Pallante, and Donald E. Diehl, with the Court of Common Pleas of Cumberland County, Pennsylvania. Very truly yours, MARTSON LAW OFFICES Christopher E. Rice CER/mmp Enclosure cc: Mr. Randy L. Diehl (w/enc.) FJ,FILESCIientsU3728 Diehl. DR18B\13728 2 TimlM13728.2.pi INFORMATION • ADVICE • ADVOCACY SM CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul Timler 240 Cedar Manor Ridge Road Elizabethtown, PA 17022 MARTSON LAW OFFICES By: A,G4,4; M. Price 10 Eas High Street Carlisle, PA 17013 Dated: selniri This is a debt collecting firm attempting to collect a debt for Randy L. Diehl, Brenda D. Pallante and Donald E. Diehl. Any information obtained will be used for that purpose. F:\FILES\Clients\13728 Diehl, DR&B\13728.2 Timler\I3728.2.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs i� C i l.li'i`1L THE PRO7HO rt° I.;ari',.; 2ORAUG -8 AM 314 CUMBERLAND COUNTY PENNSYLVANIA RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. PAUL TIMLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-1884 CIVIL PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendant Paul Timler in the amount of $8,124.13, plus interest from the date of entry of judgment, at the statutory rate of six percent (6.0%) per annum until the debt is paid in full for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Defendant on May 13, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: MARTSON LAW OFFICES By: (/lam 4 $ Christopher E. Rice, Esquire I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 5.16 - ,day Ao3090 iLicrkt I let Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14-1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is 240 Cedar Manor, Ridge Road, Elizabethtown, Pennsylvania 17022. Sworn tit and subscribed before me this a day of August, 2014. Christopher E. Rice, Esquire C1 MMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Taylor, Notary Public Carlisle Boro, Cumberland County Hy Commission Expires Aug. 5, 2017 M M64R, PSNNSYIVANIA ASSOCIATION OF NOTARIES s Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14-1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant was given to him by mail on May 13, 2014. Sworn to and subscribed before me this 3 day of August, 2014. Notary Christopher E. Rice, Esquire COMMONWEALTH OF PENN Shelly Notarial Seal - Carlisle y Taylor, Notary Public o My Commission Cumberland Coun IY N« tszk, oct 5VLVAMA AS Expires Ex �A7AiO�fr 5, 2017 VANIA oF NOTARIES CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul Timier 240 Cedar Manor Ridge Road Elizabethtown, PA 17022 MARTSO AW O r y Yr'. T ,�!ma 10 East : Street Carlisle, PA 17013 Dated: 441y This is a debt collecting firm attempting to collect a debt for Randy L. Diehl, Brenda D. Pallante and Donald E. Diehl. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs RANDY L. DIEHL, BRENDA D. PALLANTE, and DONALD E. DIEHL, Plaintiffs v. : NO. 14-1884 CIVIL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL TIMLER, Defendant TO: PAUL TIMLER NOTICE OF ENTRY OF^DEFAULT JUDGMENT You are hereby notified that on the v day of August, 2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $8,124.13, plus interest from the date of entry of judgment at the rate of six percent (6.0%) per annum until the debt is paid in full, costs, attorney fees, and late fees for failure toe an Date: P/ 91/V jab Prothonotary aintiffs' Cprnplaint. I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Paul Timler 240 Cedar Manor Ridge Road Elizabethtown, PA 17022 This is a debt collecting firm attempting to collect a debt for Randy L. Diehl, Brenda D. Pallante and Donald E. Diehl. Any information obtained will be used for that purpose.