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COMMONWEALTH OF PENNSYLVANIA
NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
DISTRICT JUSTICE JUDGMENT
JUDICIAL DISTRICT
Cumberland County
COMMON PLEAS No. (j5' - t 7), / ~ ~1f'Vo-.
NOTICE OF APPEAL
Notice is given that the appellant has liled in the above Court of Common Pleas an appeallrom the judgment rendered by the
District Justice on the date and in the case menlioned below.
DATE OF JUDGMENT
March 29, 2005
CITY
.I'Jechanicsburg
STATE
ZIP CODE
NAME Of:'~APPELLANT
lP..r1 ! Betty Blumanstock
MAG. 015T. NO. OR NAME OF D.J.
09-1.-01
ADDRESS OF APPELLANT
6034 Edward Drive
FA
17055
CV YEAR
L T YEAR 0000 1 ~4 OS
CLAIM NO.
This block will be signed ONLY when this notation Is required under PA.
R.C.P.J.P. No. 10088.
This notice ot Appeal, when received by lhe District Justice. will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
If appellant was Claimant (see PA R.C.P.J.P.
No. 1001(6)) in action before district Justice, he
MUST FILE A COMPLAINT within twenly (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C,P.J.P. 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 _Dwa,ld
"'''''', L:"'d...... &",du-
Name of appel/ee(s)
, appellee(s), 10 liIe a complaint in this appeal
(Common Pleas No. OS-'" l'iij.j ) within twenty (20) days alter service of ruie or suiter enlry of judgme 0 0 pros.
RULE: To VAN"'; j ,..",d L --<<- &...d'v- , appellee(s)
Name 01 appellee(s)
(1) You are notified that a rule is hereby entered upon you to tile a complaint in this appeal within twenty(20) days
alter the date 01 service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not tile a complaint within this lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3)
Date:
'"1/7 10 ,-S
/ /
The date of service of this rule if service was by mail is the date 0\ the mailing.
I
/,
, Year
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appeiant's Copy
Appellee Copy
D. J. Copy
Proth. - 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool 01 service MUST BE FILED WITHIN TEN (1D) DAYS AFTER liling the notice of appeal, Check appiicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF , ss
AFFIDAVIT: I hereby swear or aflirm that I served
a copy of the Notice of Appeal, Common Pleas No. _._~___.________ ________ ____, upon the District Justice designated therein on
(date of service) _ ___ _____ ________, year ___~__ .-______, 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name _ ____________________________ ____._.___.__ ____ ______ ___' on
_____ ______ ______, year __ ___ ___ ' D by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
(') .....,
o and further that J served the Rule to File a Complamt accompanymg the above Notice of Appeal upon the ap~e(s)~ a
fin c.n -n
whom the Rule was addressed on _ __ _ _ __ __ _' year _ _ , 0 by personal servlEt; p by ~Ifle~reglsteredl
mall, sender's receipt attached hereto::;: f" ::::0 mfJ;l
?~ ,,~: I ;g~rn
!== -.J 0
SWORN (AFFIRMED) AND SUBSCR1BED BEFORE ME '::'!' ,_. -0 =2 f,.;
<'" ,. _ :::':: ~_.)',
---.---- -- -~::;~ --- Rj- ---€5~ ---
~ ,~ S~lure of Affiant
-"'" -<
o
THIS
DAY OF _
,YEAR
Signature of ofriClal before whom tdfidavil was mane
~f\
.
"-
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~
\
Tit/e%fficial
My commission expires on____ _______, year _ ____
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THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAIlIITIFP
[!] Judgment was entered tor: (Name) BLtIJIA!ISTOCB:, . BETTY
o Judgment was entered against BBImER, DOIfALD/LIlIIDA in a
~ LandlordiTenant action in the amount of $ 782.00 on 3/29/05 (Date ot Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00.
The total amount of the Security Deposit is $ .00
Total Amount Established b'L MDJ Less' Security Deposit ApQlied = Adjudicated Amount
Rent in Arrears $ 575.00 -$ .00 = $ 575.00
Physical Damages Leasehold Property $ .00 - $ .00 = $ .00
Damages/Unjust Detention $ 98 ~ 00 $ _ 00 = $ gg 00
Less Amt Due Defendant trom Cross Complaint $ .00
Interest (it provided by lease) $ 00
UT Judgment Amount $ 673. DO.
Judgment Costs $ 109.00
Attorney Fees $ DO
Total Judgment $ 782.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Ime 0 eVlc Ion.
D Defendants are jointly and severally liable.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAlIID
Mag. Dist. No.
09-1-01
MOJ Name: Hor.
CIlARLES A. CLBMERT, JR
Ac!oress 400 BRIDGB ST
OLDB TOWHB COMMONS -SUITE 3
HEW CUMBERLAlIID, PA
Telephone: (717 ) 774-5989 17070
BETTY BLtIJIA!ISTOCB:
6034 EDWARD DRIVE
MECRANICSBUllG, PA 17055
"
o
D
D
AIlachment Prohibited/
42 Pa.C.S. S 8127
This case dismissed wilhout prejudice.
Possession granted.
D
~
Possession granted it money judgment is no
Possession not granted.
NOTICE OF JUDGMENTfTRANSCRIPT
PLAINTIFF RESIDENTI~b~'~A{\~~
IsLtIJIA!ISTOCK, BETTY I
6034 EDWARD DRIVE
MECBANICSBUllG, PA 17055
L -.J
VS.
DEFENDANT: NAME <lnd ADDRESS
'BENDER, DONALD/LIHDA
2209 OR.CllARD R.OAD
CAMP BILL, PA 17011
L
I
-.J
-~.-
~
Docket No.: LT-0000154-05
Date Filed: 3/14/05
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 JUOGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE OATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MA Y 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
MAR 29 2005Date ~ Q. ~~.
certl y t at t IS IS a true an
Date
Mv commission expires lirSI Monday ot January, 2008.
AOPC 315A.05
, Magisterial District Judge
e JU gment.
, Magisterial District Judge
SEAL
09-1-01
NOTICE OF JUDGMENTrrRANSCRIPT
PLAINTIFF RESIDENTIAN~ME~C~A~~~
IsBRDBR, DORALD/LIIIIDA .,
2209 ORCBARD ROAD
CAMP BILL, PA 17011
L ..J
VS.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAIIID
Mag_ OiS\. No.:
MDJ Name: Hon
CHARLES A. CLEHBlIIT, JR
Add"" 400 BRIDGE ST
OLDE TOWll1E COMMORS -SUITE 3
. . BEW COMBERLAIIID, . PA "
T"'phooo (717) 774-5989 17070
LARRY/BETTY BLUMAlIISTOCK
6034 EDWARD DRIVE
MECRAlIIICSBURG, PA 17055
DEFENDANT: NAME and ADDRESS
rBLUMAlIISTOCK, LARRY/BETTY
6034 EDWARD DRIVE
MBCBAlIIICSBURG, PA 17055
L ..J
Docket No.: LT-0000154-05 '*
Date Filed: 3/23/05 ,
CROSS COMPLAINT 001 . .' .. '.
.,
THIS IS TO NOTIFY YOU THAT:
Judgment: POR PLAIJllTIPP
[!] Judgment was entered for; '(Name) llENDB.; DORALD/LIlIIDk'
Judgment was entered against BLUMAlIISTOCK, LARRY/BETTY in a
[i] Landlord/Tenant action in lhe amount of $ 8,025.00 on 3/29/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less' Security Deposit ApQlied = Adjudicated Amount
Rent in Arrears $ .00 -$ .00 = $ .00
Physical Damages Leasehold Property $ .00 - $ .00 - $ .00
Damages/Unjust Detention $ _ 00 - $ _ 00 $ _ 00
Less Amt Due Defendant from Cross Complaint $ _ 00
Interest (if provided by lease) $ 00
UT Judgment Amount $ _ 00
Judgment Costs $ .00
Attorney Fees $ 00
Total Judgment $ 8,025.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
D Possession granted if money judgment is nOfSallSTlea oy time 01 eVICTIOn.
D Possession not granted. D Defendants are jointiy and severally liable.
Attachment Prohibited/
42 Pa.C.S. S 8127
D
D
D
This case dismissed without prejudice.
Possession granted.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLE.RK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ,
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSQ!'lIfTi~qR1\4 WtT,H THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRIcT JUDGE~S.1F TH,E 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JIIDGE . i . ... "
UNLESS THE JUDGMENT IS ENTERED IN THE COVRT OF COMMON PLEAS, ANYONE INTERESTED IN THJ:.JUDGMEN'T I\/IAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DI'BTOR PIl'YS,IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,_.~. ' i". ;
/
~Q.~-
, Magisterial District Judge
e JU gmen1.
, Magisterial District Judge
'S 's a true an
Date
Mv commission expires first Monday of January, 2008.
AOPC 315A-05
SEAL
".-
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.
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COMMONWEALTH OF PENNSYLVANIA
NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
DISTRICT JUSTICE JUDGMENT
JUDICIAL DISTRICT
,"":.'1'!-,,
<::uvl '-")unry
COMMON PLEAS No.
i
I
L" )'C..( "l.'~'., ."JV "
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 fhe
District Justice on the date and in the case mentioned below.
NAME OF f\PPEllANT
tr.4.f'V''I' '.' I:,,~i ty F.1UiiF~-l~;ruc!<
MAG. DI8T. NO. OR NAME OF D_J.
(j'j_ 1_,
ADDRESS OF APPELLANT
f,fJ34 F.(\~:' ,:j~)rivt::':
DATE OF JUOGMENT
CITY
STATE
"-,' i.
,:C')i)
~"'t~/::i\i3n ; {~sbL..T\
::'\
ZIP GODE
L70::)~"
L T YEAR
~.f1Q(-\ 'i '-i,i~ 01')
(DEFENDANT)
fiOLitld JHC L:; Bi.::ftC)r,_'T
VS. f._"'." :;.J ~
SIGNATU~E OF APPELLANt OR HIS ATTORN f OR AGE,J'iJ
/1 ./ /.;"",, / ,"
,c.... /r.8 (.."
;V)," 1:-1'1,' :.ffJ' n);r<~;:.~" feL ,:D(?/"'~\l;~;.~~ct
CLAIM NO
CV YEAR
This block will be signed ONLY when this notation is required under PA.
R.C.P.J.P. No. 10088.
This notice at Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment lor possession in this case.
II appel/ani was Claimant (see PA R.C.P.J.P.
No. 1001(6)) in action belore district Justice, he
MUST FtLE A COMPLAINT within twenty (20)
days after liling his NOTICE 01 APPEAL.
Signalure of ProlhonoLvy 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.J.P. 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
, " L '-,/,
Enterruleupon----+:... )"..}'1/t.l .r_J i,.ut'A... lU'e./~r'
., Name of appellee(s)
, appellee(s). to file a complaint in this appeal
(Common Pleas No. (,', ..
~.~
i.:-~.,I ) within twenty (20) days after service of rule or sufte~ entry at judgmeJJ.f.i ~f..,.n6~:Pros.
"i' //' /. ./ "./
(.', ....J "-_ l .,'7/' .r
,. . ." .' $ignature of app~Jt:i.~or his attorney or agent
RULE: To
'. , ;
I .I,d"'i4.lj AI"".! L._2k.. PvAi.oLll..... ,appellee(s)
-. ..~ Name 01 appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeai within twenty(20) days
alter the date of service of this rule upon you by personal service or by celrilied or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule il service was by maii is the date of the maiiing.
[ -7
Date:_.~__. /':) ~
/
, Year
.i
I. <-t~ v.
i( ~ < 14 LL,'./J
Signature o~ Proth66ot ry or Deputy
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appelant's Copy
Appellee Copy
D. J. Copy
Proth. ~ 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice 01 appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
CUMBERLAND
__; 55
AFFIDAVIT: I hereby swear or affirm that I served
o
a copy of the Notice of Appeal, Common Pleas No. _ 05 - 182 1 _ ' upon the District Justice designated therein on
(date of service) _~~_~!_l __~__~ ,year 10 CfS--- _' 0 by personal service [] by (certified) 1<~OllTlajl, sender's
receipt attached hereto, and upon the appellee, (name QQn~lq _ _~!1d Li~_g.?- ,~~nder on
Ap r i 1 12 ,year 2005 , 0 by personal service ~ by (certified) (~ mail, sender's receipt attached hereto.
o
and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on April 12 ,year 2005 , 0 by personal service ~ by (certified) ~~~~
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 1fJ.#- ~LJ . YEAR ]tv6
g{ftP .. . ,t,y.
M':a!r~..k&C-." D(u.;Af'~,;;'~
'ftTe 5'-(llIiI,'"n' Of AIIi:;nt
Counsel for~ppellants
Larry and Betty Bluffianstock
Tit/e 01 official
My commission expires on
, year
COMMONWEALTH OF PENNSYLVANIA
NolaIfeI Seal
DebarIh J. Zleoman. NcIary PuI:lIic
I..ernoyne eoro. CllrnbeIfrd Col.nIy
My Cornmis6lon ElcpinJo Nov. 17.2008
Membe(. Pennsylvania Association Of Notaries
."".;~,,,,,.~iW_.,,,,,,,,,.,,.,,,,,,,,-
."",.,",,,"--~,-,,,,"
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09-1-01
NOTICE OF JUDGMENTfTRANSCRIPT
PLAINTIFF RESIDENTIAN~ME~'~~~S~
IaLUIlUtSTOC:S:, BBTTY -,
6034 EDWARD DRIVE
MECBAHICSBURG, PA 17055
L ~
VS.
,COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CtlMBBPT.UlD
Mag_ Dis1. No
MDJ Name: Hon
CBULBS A. CLBHBRT, JR
Address 400 BRIDGB ST
OLDE TOWll1E COMMONS -SUJ:TB 3
REW CUMBBRLAND, PA
Telephone: (717) 774-5989 17070
DEFENDANT: NAME and ADDRESS
IBBRDEll., DONALD /LIRDA
2209 ORCHA1l.D ROAD
CAMP BILL, PA 17011
L
-,
BBTTY BLUKARSTOCJt
6034 EDWARD DRIVE
MECBAHICSBURG, PA 17055
Docket No.: LT-0000154-05
Date Filed: 3/14/05
~
~A
~
THIS IS TO NOTIFY YOU THAT:
Judgment: POll. PLAIRTIPP
,---,
l.!J Judgment was entered for; (Name) BLUMARSTOCJt, -BBTTY
Judgment was entered against BBRDEll., DONALD/LIRDA in a
[iJ LandlordtTenant action in the amount of $ 782.00 on 3/29/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge. is $ 800.00.
The total amount of the Security Deposit is $ .00
Total Amount Established b'L MDJ Less. Security Deposit Apglied = Adjudicated Amount
Rent in Arrears $ 575.00 -$ .00 = $ 575.00
Physical Damages Leasehold Property $ . 00 - $ . 00 - $ . 00
Damages/Unjust Detention $ !lB _ 00 - $ _ 00 - $ 9B _ QD
Less Amt Due Defendant from Cross Complaint $ _ 00
Interest(if provided by lease) $ 00
UT Judgment Amount $ 673 _ 00.
Judgment Costs $ 109.00
Attorney Fees $ 00
Total Judgment $ 782.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
D Possession granted if money judgment is not sallsnea oy lime OJ eVIction.
~ Possession not granted. D Defendants are jointly and severally liable.
D
D
D
Attachment Prohibited/
42 Pa.C.S. 9 8127
This case dismissed without prejudice.
Possession granted.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE. ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIOED 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 MA Y 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 SA TlSFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA YS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
MAR 29 2005Date C~ Q. ~-
I certl y t at thiS is a true an
Date
~~,S'?5Tbrission expires iirst Monday ot January, 2008.
, Magisterial District Judge
e ludgment.
. ' Magisterial District Judge i
SEAL
_ COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAIIID
09-1-01
NOTICE OF JUDGMENTfTRANSCRIPT
PLAINTIFF RESIDENTIAJwE~"~A~~~
Isl!:JllDD., DOJII'ALD/LIBDA
2209 ORCHARD ROAD
CAMP HILL, PA 17011
L
I
Mag. DisL No.'
MDJ Name: Hon.
CHARLES A. CLDDT, JR
Add"", 400 BRIDGE ST
OLDETONNE COMMONS -SUITE 3
'JlBWCUMBERLABp' ,,'PA,
Te"pho" (717) 774':'59t1'9 17070
.J
VS.
LARRY/BETTY BLUJIAlIISTOCX
6034 EDWARD DRIVE
MBCHAJII'ICSBI1RG, PA 17055
DEFENDANT:, NAty1E and ADDRESS
IBLUMAJII'STOCX,LAll.RY /BETTY
6034BDWARD DRIVE
HBCHABICSBI1RG, PA 17055
L .J
Docket No.: LT-0000154-05 ..
Date Filed: 3/23/05 " ....
CROSS COMPLAINT 001. ' . .... .
I
THIS IS TO NOTIFY YOU THAT:
Judgment: POR PLAIRTIFF
[!J JLfdgmentwas entered for; (Name) 'Bl!:JIIDEi.;DOJll'AIJ!)/LIHDA'
Judgment was entered against BLUMAJII'STOCK, LARRY/BETTY in a
[i] Landlordffenanf action in the amount of $ 8,025.00 on 3/29/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less' Security Deposit ApQlied = Adjudicated Amount
RenUn Arrears $ .00 - $ .00 = $ .00
Physical Damages Leasehold Property $ .00 $ .00 - $ .00
Damages/Unjust Detention $ _ 00 - $ _ 00 = $ _ 00
Less Amt Due Defendant from Cross Complaint $ _ 00
Interest(if provided by lease) $ 00
ill Judgment Amount $ _ 00
Judgment Costs $ _ 00
Attorney Fees $ 0 n.
Total Judgment $ 8,025.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Ime 0 eVIClon.
o Defendants are jointly and severally liable.
Attachment Prohibited/
42 Pa,e.S. 98127
o
o
o
This case dismissed without prejudice.
Possession granted.
o
D
Possession granted if money judgment is no sa IS Ie
Possession not granted.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS. THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS,CIVILDIVISION. . ' " .
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCI'lIPTmOf!l!llWITJ-I THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGlSTERIAL.DISTRlcT JUDGE~".lFtHE 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 MAYBE/SSUEDBYTHE MAGISTERIAL DISTRICT JUDGE. i . ,'.' '
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THEJUDGMENT IiIIAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENlpEBTOFl PPl'VS'IN FULL,
SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. .
MAR 2 9 20~ate
, Magisterial District Judge
e Judgment.
. Magisterial District Judqe
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Date
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffic
J.D. No. 75'J06
301 Markct Strcet
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiffs
LARRY A BLUMANSTOCK,
individually, agent for and trustee
of the Elmer W Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 2005-01821
CIVIL ACTION - LAW
Plaintiffs
JURY TRIAL DEMANDED
v.
DONALD BENDER and
LINDA BENDER
Defendants
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your 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. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias
despues de la notificaci6n de esta Demanda y Aviso radicando personal mente 0 por medio de un abogado
una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
:248850
Johnson. Duffie, Stewart & Weidner
By: Mark C. Duffie
1.0. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Plaintiffs
LARRY A. BLUMANSTOCK,
individually, agent for and trustee
of the Elmer W. Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-01821
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
DONALD BENDER AND
LINDA BENDER,
Defendants
COMPLAINT
AND NOW, this I ~ day of April 2005, comes the Plaintiffs, Larry A.
Blumanstock and Betty A. Blumanstock, by and through their undersigned attorneys,
Johnson, Duffie, Stewart & Weidner, and file this Complaint, and support thereof avers
as follows:
1. The Plaintiffs, Larry A. Blurnanstock and Betty A. Blumanstock, are adult
individuals with an address of 6034 Edward Drive, Mechanicsburg, Pennsylvania
17055.
2. The Defendants, Donald Bender and Linda Bender, are adult individuals
with an address of 2209 Orchard Road, Camp Hill, Pennsylvania 17011.
3. Larry A. Blumanstock is the Trustee of the Elmer W. Blumanstock Family
Irrevocable Trust, dated August 25, 1995, and the owner in fee of the property known
and numbered as 2209 Orchard Road, Camp Hill, Pennsylvania 17011.
4. At all times relevant hereto, Larry A. Blumanstock and Betty A.
Blumanstock were acting either as trustee of the owner in fee, the Elmer W,
Blumanstock Family Irrevocable Trust or agents therefore.
5. On or about August 1, 2002, the Plaintiffs entered into a Residential
Rental Agreement ("Lease 1") for the property located at 2209 Orchard Road, Camp
Hill, Pennsylvania ("Premises") wherein the Defendants agreed to lease from the
Plaintiffs the Premises for $800.00 a month. A true and correct copy of said Lease 1 is
attached hereto and incorporated herein as Exhibit "A".
6. On or about August 1, 2003, the Plaintiffs and Defendants entered into a
Residential Rental Agreement ("Lease 2") wherein Defendants agreed to lease the
Premises from Plaintiffs. A true and correct copy of said lease 2 is attached hereto and
incorporated herein as Exhibit "B".
7. On July 31, 2004, Lease 2 terminated and the parties were operating on a
month-to-month basis as no lease agreement was entered into or was currently in
place.
8. During the course of the Defendants' occupancy of the Premises and
during the rental term of Lease 2 beginning January 24, 2004, the parties verbally
modified the terms of the Agreement providing a reduction in the monthly rent payment
equal to $75.00 a week provided the Defendant cleaned and provided other custodial
services to a neighboring property of the Plaintiffs, 2213 Orchard Road, Camp Hill,
Pennsylvania 17011.
9. The Defendants made untimely payments of rent through September 1,
2004.
10. On or about December 30, 2004, the Plaintiffs initiated a Landlord and
Tenant Complaint in Magisterial District Number 09-1-01, the Honorable Charles A.
Clement, Jr., and received a Judgment dated January 11, 2005 in the amount of
$2,273.50.
11. The Defendants paid in full on February 7, 2005 said Judgment save
$90.00 remaining unpaid, representing Constable fees and costs.
12. Plaintiffs agreed to allow the Defendants to remain in the Premises
provided they continue making timely payments towards the rent with the offset for the
custodial services.
13. The Defendants have failed to pay any rent due for the months of
February, March and April of 2005 totaling $2,400.00.
14. The Defendants did provide custodial services for three weeks in February
and one week in March providing a rent offset of $300.00 (4 x $75.00).
15. The rent that is outstanding on the premises is $2,100.00.
16. In June of 2003, the Defendants were $200.00 short on their rent which
said obligation has been reaffirmed over time but remains due and owing to Plaintiffs.
Per the terms of Lease 1 and Lease 2, the Tenant must pay the rent within 5 days after
the date it is due or incur a late charge of $25.00 plus a $1.00 for each additional day
the rent remains unpaid for a total late charge of $50.00 per month. The Defendants
were late on 21 payments over the term of Lease 1 and Lease 2 and the month-to-
month term since the expiration of Lease 2 totaling $1,050.00.
17. Per the terms of Lease 1 and Lease 2, the Tenant is obligated to pay a
return check charge of $25.00 for any bounced check. During the course of Lease 1
and Lease 2, as well as the month-to-month terms, the Defendants have bounced 4
checks to Plaintiffs totaling $100.00.
18. Per Lease 1 and Lease 2 as well as the terms carried over into the month-
to-month occupancy, Tenant is liable to pay reasonable attorney's fees and court costs
to Landlord in an event of a successful action or legal proceeding (whether the success
is partial or complete) brought or defended by Landlord with respect to the Agreement.
It is estimated that the Plaintiffs will incur approximately $2.500.00 in legal fees
attendant to bringing and maintaining this action.
19. Plaintiffs are entitled to Judgment in the amount of $3,450.00, calculated
as follows:
Unpaid rent (January, February, March and April)
Custodial credit
Rent shortage - June 2003
Constable fees
Late fees
Bounced check penalty
Legal fees
$2,400.00
(300.00)
200.00
90.00
1,050.00
100.00
2,500.00
$5,950.00
20. Plaintiffs have demanded the aforesaid sum from Defendants but the
Defendants have refused and neglected and continue to refuse and neglect to pay the
same or any part thereof.
21. As a result of the Defendant's breach of the terms of the Leases, the
Plaintiffs request possession of the Premises, as well as damages as set forth above.
WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of
$5,950.00. Plaintiffs further request this Honorable Court grant possession of the
Premises to Plaintiffs as a result of Defendants' breach of the Lease.
BY~
rk C. Duffie
VERIFICA nON
We, Larry A. Blumanstock and Betty A. Blumanstock, do verify that the statements
made in the foregoing Response and Counter Petition are true and correct to the best of
our knowledge, information and belief. We understand that false statements made herein
are subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to
authorities.
Dated: ;f~ I '{-o S-
~tt~~~~-t.-V
L RY A. BLUMANSTOCK
~~~~
/ B TW A. BLUMANSTOCK
Dated: L/-Pt - ~r
.
CERTIFICA TE OF SERVICE
AND NOW, this /5fh day of April, 2005, the undersigned does hereby certify
that she did this date serve a certified copy of the foregoing upon the other parties of
record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Donald Bender
Linda Bender
2209 Orchard Road
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
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By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attomeys for Plaintiffs
LARRY A. BLUMANSTOCK,
individually, agent for and trustee
of the Elmer W. Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-01821
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
DONALD BENDER AND
LINDA BENDER,
Defendants
PROOF OF SERVICE
I hereby certify that on the 1 ih day of April, 2005, I served a true and correct
copy of the Notice of Appeal and Rule to File a Complaint upon the Defendants, Donald
Bender and Linda Bender and District Justice Charles A. Clement, Jr., by certified mai!o
to their respective addresses set forth thereon. The original return receipts are attached
hereto and made a part hereof. District Justice Charles A. Clement, Jr.'s receipt was
returned undated but received by the undersigned on April 14, 2005.
Respectfully submitted,
By:
c!/
rk C. Duffie
5'jEIDNER
/
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DATED:
o//,rj
,2005
:248848
J
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. Print your name and address on the reverse
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4. Restricted Delivery? (Extra Fee) 0 Yes
7004 0750 0002 7289 0289
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1. ArtJcle Addressed to:
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Plaintiffs
LARRY A. BLUMANSTOCK,
individually, agent for and trustee
of the Elmer W. Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-01821
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
DONALD BENDER AND
LINDA BENDER,
Defendants
PRAECIPE TO A TT ACH EXHIBITS
To the Prothonotary:
Please file the attached Residential Rental Agreements as Exhibit "A" and Exhibit
"B" respectively to the Complaint which was filed in the above-referenced caption on
April 18, 2005.
JOHNSON, DUFFIE, STEWART &
By:
:249260
CERTlFICA TE OF SERVICE
AND NOW, this J 5+ I \ day of April, 2005, the undersigned does hereby certify
that she did this date serve a certified copy of the foregoing upon the other parties of
record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Donald Bender
Linda Bender
2209 Orchard Road
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
J,
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Deborah J,Zies n
By:
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,John~on, Duilie, Stewal't & Weidner
Bv: Mark C. Duffie
~ .
!.D. No. 75906
30] Market Street
P. O. Box 109
Lemoyne, Pelllisy1vania 17043.0109
(7] 7) 76]-4540
Attomeys for Plaintiffs
(C~ (F>>') !f5) ~(/7
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'..-' '- t
LARRY A. BLUMANSTOCK,
individually, agent for and trustee
of the Elmer W Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK. his wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 2005-01821
CIVIL ACTION - LAW
Plaintiffs
Defendants
JURY TRIAL DEMANo.~D
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NOTICE TO DEFEND
Ul
0)
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 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. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
AVI50
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias
despu8s de la notificaci6n de esta Demanda y Aviso radicando personal mente 0 por medio de un abogado
una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se Ie advierte de que sl usted falla de tomar acci6n como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado par el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI U5TED NO
TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
:248850
Johnson. Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Plaintiffs
LARRY A. BLUMANSTOCK,
individually, agent for and trustee
of the Elmer W. Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-01821
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
DONALD BENDER AND
LINDA BENDER,
Defendants
COMPLAINT
AND NOW, this I ~ day of April 2005, comes the Plaintiffs, Larry A.
Blumanstock and Betty A. Blurnanstock, by and through their undersigned attorneys,
Johnson, Duffie, Stewart & Weidner, and file this Complaint, and support thereof avers
as follows:
1. The Plaintiffs, Larry A. Blumanstock and Betty A. Blumanstock, are adult
individuals with an address of 6034 Edward Drive, Mechanicsburg, Pennsylvania
17055.
2. The Defendants, Donald Bender and Linda Bender, are adult individuals
with an address of 2209 Orchard Road, Camp Hill, Pennsylvania 17011.
3. Larry A. Blumanstock is the Trustee of the Elmer W. Blumanstock Family
Irrevocable Trust, dated August 25, 1995, and the owner in fee of the property known
and numbered as 2209 Orchard Road, Camp Hill, Pennsylvania 17011.
4. At all times relevant hereto, Larry A. Blumanstock and Betty A.
Blumanstock were acting either as trustee of the owner in fee, the Elmer W.
Blumanstock Family Irrevocable Trust or agents therefore.
5. On or about August 1, 2002, the Plaintiffs entered into a Residential
Rental Agreement ("Lease 1") for the property located at 2209 Orchard Road, Camp
Hill, Pennsylvania ("Premises") wherein the Defendants agreed to lease from the
Plaintiffs the Premises for $800.00 a month. A true and correct copy of said Lease 1 is
attached hereto and incorporated herein as Exhibit "A".
6. On or about August 1, 2003, the Plaintiffs and Defendants entered into a
Residential Rental Agreement ("Lease 2") wherein Defendants agreed to lease the
Premises from Plaintiffs. A true and correct copy of said lease 2 is attached hereto and
incorporated herein as Exhibit "B".
7. On July 31,2004, Lease 2 terminated and the parties were operating on a
month-to-month basis as no lease agreement was entered into or was currently in
place.
8. During the course of the Defendants' occupancy of the Premises and
during the rental term of Lease 2 beginning January 24, 2004, the parties verbally
modified the terms of the Agreement providing a reduction in the monthly rent payment
equal to $75.00 a week provided the Defendant cleaned and provided other custodial
services to a neighboring property of the Plaintiffs, 2213 Orchard Road, Camp Hill,
Pennsylvania 17011.
9. The Defendants made untimely payments of rent through September 1,
2004.
10. On or about December 30, 2004, the Plaintiffs initiated a Landlord and
Tenant Complaint in Magisterial District Number 09-1-01, the Honorable Charles A.
Clement, Jr., and received a Judgment dated January 11, 2005 in the amount of
$2,273.50.
11. The Defendants paid in full on February 7, 2005 said Judgment save
$90.00 remaining unpaid, representing Constable fees and costs.
12. Plaintiffs agreed to allow the Defendants to remain in the Premises
provided they continue making timely payments towards the rent with the offset for the
custodial services.
13. The Defendants have failed to pay any rent due for the months of
February, March and April of 2005 totaling $2,400.00.
14. The Defendants did provide custodial services for three weeks in February
and one week in March providing a rent offset of $300.00 (4 x $75.00).
15. The rent that is outstanding on the premises is $2,100.00.
16. In June of 2003, the Defendants were $200.00 short on their rent which
said obligation has been reaffirmed over time but remains due and owing to Plaintiffs.
Per the terms of Lease 1 and Lease 2, the Tenant must pay the rent within 5 days after
the date it is due or incur a late charge of $25.00 plus a $1.00 for each additional day
the rent remains unpaid for a total late charge of $50.00 per month. The Defendants
were late on 21 payments over the term of Lease 1 and Lease 2 and the month-to-
month term since the expiration of Lease 2 totaling $1,050.00.
17. Per the terms of Lease 1 and Lease 2, the Tenant is obligated to pay a
return check charge of $25.00 for any bounced check. During the course of Lease 1
and Lease 2, as well as the month-to-month terms, the Defendants have bounced 4
checks to Plaintiffs totaling $100.00.
18. Per Lease 1 and Lease 2 as well as the terms carried over intD the month-
to-month occupancy, Tenant is liable to pay reasonable attDrney's fees and court costs
to Landlord in an event of a successful action or legal proceeding (whether the success
is partial or complete) brought or defended by Landlord with respect to the Agreement.
it is estimated that the Plaintiffs will incur approximately $2,500.00 in legal fees
attendant to bringing and maintaining this action.
19. Plaintiffs are entitled to Judgment in the amount of $3,450.00, calculated
as follows;
Unpaid rent (January, February, March and April)
Custodial credit
Rent shortage - June 2003
Constable fees
Late fees
Bounced check penalty
Legal fees
$2,400.00
(300.00)
200.00
90.00
1,050.00
100.00
2,500.00
$5,950.00
20. Plaintiffs have demanded the aforesaid sum from Defendants but the
Defendants have refused and neglected and continue to refuse and neglect to pay the
same or any part thereof.
21. As a result of the Defendant's breach of the terms of the Leases the
,
Plaintiffs request possession of the Premises, as well as damages as set forth above.
WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of
$5,950.00. Plaintiffs further request this Honorable Court grant possession of the
Premises to Plaintiffs as a result of Defendants' breach of the Lease.
BY~
rk C. Duffie
VERIFICA TION
We, Larry A. Blumanstock and Betty A. Blumanstock, do verify that the statements
made in the foregoing Response and Counter Petition are true and correct to the best of
our knowledge, information and belief. We understand that false statements made herein
are subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to
authorities.
Dated: Jf- I tf-o S-
~t1--&~~;t-D
L RY A. BLUMANSTOCK
~~
/ B TTY. A. BLUMANSTOCK
Dated: <.f. - PI - C'r-
.
CERTlFICA TE OF SERVICE
AND NOW, this /6fh day of April, 2005, the undersigned does hereby certify
that she did this date serve a certified copy of the foregoing upon the other parties of
record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Donald Bender
Linda Bender
2209 Orchard Road
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~
De h. esman
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Residential Rental Agreement
Clause 1. Identification of Landlord and Tenant
This Agreement is enter13.d into on C(___" ",~l.\' i ,::),cc J-,.between
{[/;u,(; L\J.;\I..&~(~ (j-l'V<'-~'-.>li:.._ I&.<.d~A.i (Tenants) and Larry and Betty
'Blumanstock ("LandI6rd") who are the Lanalords at the address of 2209 Orchard
Road, Camp Hill, Pennsylvania ("Building" of "Property".) If there is more than one,
all Tenants are legally and fully responsible, both individually and together, for the
payment of rent and the performance of all other terms of this Agreement.
Clause 2. Identification of Premises
Subject to the terms and cDnditions in this Agreement, Landlord rents to Tenant, and
Tenant rents from landlord, for the private residential use of Tenant only, the house
located on 2209 Orchard Road, Camp Hill, Pennsylvania ("Premises"), together with
the following furnishings and appliances:
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Rental of the Premises also includes the right to use the designated parking area for
the purpose of parking Tenant's operational motor vehicles. This right does not include
the right to store motor vehicles or to park or store motor vehicles that are not used by
the Tenant for personal transportation on a frequent and regular basis or unregistered
motor vehicles of any kind. Tenant's designated parking area:
Clause 3. Limits on Use and Occupancy
The Premises are to be used only as a private residence for Tenant and Tenant's minor
children, if any. Occupancy by any other person for more than ten (10) days is
prohibited without Landlord's written consent.
Clause 4. Term of the Tenancy
The term of the rental will begin on \, ,.:1(')e~L. and continue for
one (1) year. The term will end on the last da of the month which is at least a full year
after the beginning date of the term. Landlord may terminate the tenancy or modify the
terms of this Agreement by giving the Tenant 30 days' written notice. After one
year of tenancy, tenant may terminate the tenancy by giving the landlord 3 c.
days' written notice. If Tenant stays or leaves property in the Premises after the
termination of this Agreement, Tenant must also pay landlord double the rent amount.
The payment shall not be considered rent, and Tenant shall not have any legal right to
use or remain in the Premises.
Clause 5. Payment of Rent
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Tenant will pay to Landlord rent of ~l'-I h(;e' (, payable in advance in monthly
installments of $ '.~C(:' .ce,' on the first day of each month, except when that day falls
on a weekend or legal holiday, in which case rent is due on the next business day.
Rent will be paid to Landlord at the Landlord's address as set forth in Clause 22 or at
such other place as landlord designates.
a. Delivery of payment
Rent will be paid:
by mail, to ice:s.j c'")-',,'(HlC [0.( 'V\A.;>, h Pf=) 1/ u\<:.'
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in person, at
b. Form of payment
Landlord will accept payment in these forms:
v' personal check made payable to landlord
cashier's check made payable to Landlord
money order
cash
C. Pro-rated first month's rent
For the period from Tenant's move-in date, ~}...Jc '. ,,5" ,cJoo -)... , through
the end of the month, Tenant will pay to landlord the' ro-rated monthly rent of
$ .b t.f&,(10 . this amount will be paid on or before the date the Tenant moves in.
d. Definition of added rent
Any other charges due or becoming due under this Agreement are referred to as
"Added Rent." Tenant will pay Added Rent with the next monthly rent.
Clause 6. Late Charges
If Landlord does not receive the full installment of rent due from Tenant before the end
of 5 days after it is due, Tenant will pay Landlord a late charge of $,?5,~';c),
plus $ i ,0,' for each additional day that the rent remains unpaid. The total late
charge for anyone month will not exceed $ :',0. ,s,,) . Landlord does not waive the
right to insist on payment of the rent in full on the date it is due.
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Clause 7. Returned Check and Other Bank Charges
If any check offered by Tenant to landlord in payment of rent or any other amount due
under this Agreement is returned for lack of sufficient funds, a "stop payment" or any
other reason, Tenant will pay Landlord a returned check charge of $25.00.
Clause 8. Security Deposit
On signing this Agreement, Tenant will pay to Landlord the sum of $ 8 W.e<: as a
security deposit securing all obligations of the Tenant under the Lease, including the
obligation of Tenant to pay rent. If Tenant fails to timely perform any obligation under
this Agreement, Landlord may use the security deposit. If Landlord uses the security
deposit or a portion of it, Tenant will pay to landlord the amount needed to restore the
security deposit to the original amount. Tenant may not use this security deposit to pay
rent or any other sum due under this Agreement. Upon the termination or duration of
this Agreement, landlord will account to Tenant for the security deposit in accordance
with applicable law. If there is more than one person who is Tenant and if Landlord is
otherwise required to return the security deposit or to account for it, Landlord may
return the security deposit or account to any Tenant upon termination of this
Agreement.
Clause 9. Utilities
Tenant will pay all utility charges. Landlord has no obligatiDn for any utilities. Tenant
must not use any utilities in excess of the safe capacity of the Premises or in excess of
the amounts commonly used for the purposes intended under this Agreement.
Landlord may collect from the Tenant the cost of any excessive utility usage as Added
Rent.
Clause 10. Assignment and Subletting; Subordination
a. Assignment and subletting
Tenant will not sublet any part of the Premises or assign this Agreement without the
prior written consent of Landlord.
b. Subordination
This Agreement and all of Tenant's rights under it are lower than all present and future:
(a) leases for the Building or the land;
(b) loans on the leases, the Building or the land;
(c) agreements securing money paid or to be paid to a lender ("security
agreement"); and
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(d) terms, conditions, renewals, changes of any kind and extensions of the
loans, leases or security agreements.
Upon request, Tenant will execute documents evidencing this from time to time.
Clause 11. Tenant's Maintenance Responsibilities
Tenant will: (1) keep the Premises clean, sanitary and in good condition and, upon
termination of the tenancy, return the Premises to Landlord in a condition identical to
that which existed when Tenant took occupancy, except for ordinary wear and tear; (2)
immediately notify Landlord of damages to or any defects or dangerous conditions in
and about the Premises of which Tenant becomes aware; and (3) reimburse Landlord,
on demand by Landlord, for the cost of an repairs to the Premises damaged by Tenant
or Tenant's guests or business invitees through misuse or neglect.
Tenant has Examined the premises, including appliances, fixtures, carpets, drapes and
paint, and has found them to be in good, safe and clean conditions and repair, except
as noted in the Landlord-Tenant Checklist.
Clause 12. Tenant's Certificate
When Landlord requests, Tenant will sign a certificate that states:
(a) this Agreement is in full force and unchanged (or how it was changed);
(b) Landlord fully performed all obligations and Tenant has no claim against
Landlord (or what claims Tenant does have);
(c)Tenant is fully performing all terms of this Agreement (or to what extent
Tenant is not performing all terms of the Agreement);
(d) rent and Added Rent are paid to date ( Or in what amount they are unpaid);
and (e) any other statement Landlord reasonably requires.
Clause 13. Repaired and Alterations by Tenant; Control of Access
a. Repairs and alterations
Except as authorized below or by the prior written consent of Landlord, Tenant will not
make any repairs or alterations to the Premises, of any kind (see Exhibit A). Any
repairs or alterations approved by the Landlord become the property of landlord when
complete and Paid or. They must remain in the Premises when this Agreement ends
unless Landlord requires that they be removed. If Landlord wants them removed,
Landlord will give Tenant at least ten (10) days notice. Tenant will pay all costs of
removal.
b. Control of access
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Tenant will not, without Landlord's prior written consent, alter, re-key or install any
locks to the premises or install or alter any burglar alarm system. If written permission
is obtained, Tenant will provide Landlord with a key or keys capable of unlocking all
such re-keyed or new locks as well as instructions on how to disarm any altered or new
burglar alarm systems.
Clause 14, Violation Laws and Causing Disturbances
Tenant is entitled to quiet enjoyment of the Premises. Tenant and guests or invitees
will not use the Premises of adjacent areas in such a way as to: (1) violate any law or
Drdinance, including laws prohibiting the use, possession or sale of illegal drugs; (2)
commit waste (severe property damage); or (3) create a nuisance y annoying,
disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet
of any other Tenant or nearby resident.
Clause 15. Pets
No animal, bird or pet of any kind will be kept on the premises, except property trained
dogs needed by blind, deaf or disabled persons.
Clause 16. Landlord's Right to Access
Landlord or Landlord's agents may enter the Premises in the event of an emergency, to
make repairs or improvements, to monitor and evaluate Tenant's compliance with the
terms of this Agreement, or to show the Premises to prospective buyers or tenants.
Landlord may also enter the Premises to conduct an inspection to check for safety or
maintenance problems. Except in cases of emergency, Tenant's abandonment of the
Premises, court order, or where it is impracticable to do so, Landlord will give Tenant
twenty-four (24) hours' notice before entering.
Clause 17. Extended Absences by Tenant
Tenant will notify Landlord in advance if Tenant will be away from the Premises for ten
(10) or more consecutive days! During such absence, Landlord may enter the
Premises at times reasonable necessary tD maintain the Premise and inspect for
needed repairs.
Clause 18. possession ofthe Premises
a. Tenant's failure to take possession
If, after signing this Agreement, Tenant fails to take possession of the Premises,
Tenant will still be responsible for paying rent and complying with all other terms of this
Agreement.
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b. landlord's failure to deliver possession
If landlord is unable to deliver possession of the Premises to Tenant for any reason,
including, but not limited to, partial or complete destruction of the Premises, Tenant will
have only the right to terminate this Agreement upon written notice to landlord. In
such event, landlord's liability to Tenant will be limited to the return of all sums
previously paid by Tenant to landlord.
Clause 19. Tenant Rules and Regulation
Tenant acknowledges receipt of, and has read a copy, Tenant Rules and Regulations,
which are labeled Exhibit A, attached to and made a part of this Agreement. landlord
does retain the right to amend, cancel, change, revise, and expand the Tenant Rules
and Regulations from time to time without the consent of the Tenant. Tenant shall
follow as such rules and regulations and shall require that all persons at the Premises
with the consent of the Tenant also follow all such rules and regulations.
Clause 20. Payment of Court Costs and Attorney Fees in a lawsuit
In any successful action or legal proceeding (whether the success is partial or
complete) brought or defended by landlord, with respect to any part of this Agreement,
Tenant shall pay reasonable attorney attorney fees and court costs to landlord.
Clause 21. Disclosures
Tenant acknowledges that landlord has made the following disclosure regarding the
Premises:
Disclosures of information on lead Based Paint and/or lead-Based Paint Hazards.
Other Disclosures:
Clause 22. Authority to Receive legal Papers
a. For the landlord
Only the landlord is authorized to accept service of Process and receive other notices
and demands directed to him. They shall be delivered to landlord in person or by first
class mail, postage prepaid, at the following address: 6034 Edwards Drive
Mechanicsburg, Pennsylvania 17050, or such other address as landlord shall
designate in writing.
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b. For the Tenant
Service of process and other notices and demands to Tenant may be delivered to
Tenant in person, posted conspicuously anywhere upon the Premises, or by mail.
Landlord need not give Tenant a notice of or an opportunity to correct, any broken term
of this Agreement. Tenant also gives up any right to receive a "notice to quit" or "notice
to vacate" from landlord other than the notice required by this Agreement. This means
Landlord is not required to notify Tenant to leave the Premises except as specifically set
forth in this Agreement.
Clause 23. Additional Provisions
Additional provisions are as follows:
Renters Insurance is recommended
Clause 24. Validity of Each Part
If any portion of this Agreement is held to be invalid, its invalidity will not affect the
validity or enforceability of any other provision of this Agreement.
Clause 25. Termination of Tenancy
The following are grounds upon which this Agreement may be terminated by Landlord:
(a) The failure of Tenant or Tenant's guest or invitees to comply with any term or
this Agreement;
(b) If the Landlord discovers at any time that Tenant's rental application is
incorrect or incomplete;
(c) If Tenant cannot pay debts when due or declares bankruptcy.
When this Agreement ends, Tenant must leave the Premise and remove all of Tenant's
property. Tenant will repair any damage. Any property Tenant leaves behind shall be
considered abandoned. Landlord may keep or discard that property.
Clause 26. Entire Agreement
Tenant has read this Agreement before signing it. All promises made by Landlord are
in it, and there are no others.
Clause 27. Parties Bound by Agreement
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This Agreement obligates Landlord, Tenant and all parties who lawfully succeed to
their rights or take their places.
Date: /lU;'L ':l.j~ "~lc CJ-.,
Landlord:
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Limy umanstock
6034 Edwards Drive
Mechanicsburg PA 17050
(717)766-2327
Tenant:
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Tenant's Signature
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Tenant's Signature
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Phone Number
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Phone Number
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Date
Date
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Exhibit A
Rules and Regulations
1. That the one signing this contract (Tenant) warrants that he or she has authority to sign for all Tenants.
2. To allOW Landlord to enter without appointment, in emergencies such as fire, or where it becomes evident that water
of any source is damaging the premises.
3. to assume responsibility and pay for any damage done by wind or rain caused be leaving a window open, and by
overflow of water or stoppage of waste pipes due to Tenant's neglect.
4. To keep all hallways, stairways, walks, parking areas free from trash or obstructions, and to use said hallways, walks,
and parking areas only for purposes of ingress and egress.
5. To use reasonable care in maintaining the apartment, equipment and furnishings.
6. To dispose of all trash in plastic bags.
7. to make and pay all deposits required by electric and telephone companies and to pay each utility bill as it becomes
due.
8. to furnish and replace their own electric bulbs.
9. Not to put additional locks on the doors or windows without written permission from the Landlord.
10. Not to keep gasoline or other explosives in the apartment.
11. Not to paint, paper, remodel or make any structural changes, alterations, additions or decorations of any nature
without the written permission of the Landlord.
12. Not to install, erect or attach any fixtures, appliances, or attachments to the premises. Not to remove, exchange or
replace fixtures or equipment of any nature.
13. Not to post any signs or advertisements inside or outside the premises.
14. Not to have a water bed on the premises.
15. Not to erect any aerial outdoor of any kind unless with written permission from the Landlord.
16. Tenant agrees to be responsible for injuries sustained from the property. Pertains to Tenant, friends and relatives.
17. Tenant agrees not to put any nails, self-adhesive hooks, or screws in cabinets, walls, or woodwork.
18. Tenant agrees not to use any kerosene heaters.
19. Tenant agrees to turn in all keys to Landlord within (24) hours after property is vacated.
20. Tenant agrees to give a written notice of all repairs to apartment, or furnished appliances that need repair.
21. Tenant agrees to periodically test smoke detectors to insure that they are working properly and if not, contract
Landlord immediately in person to get repaired. (replacement batteries for smoke detectors Q1' the responsibility of the
Tenant) >Jf'Y
22. Landlord may add additional regulations if desired. Tenant will agree to initial any changes.
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Residential Rental Agreement
Clause 1. Identification of Landlord and Tenant
..j1This Agreement ~d into on ~.I.,-<~j / ,Zoc3 , between
c:;/\~g 1:1L~'Ylfl.pJ ("Tenant") d Larry Blumanstock ("Landlord") Who is
the property owner of the premise located at the address of 2209 Orchard Road Camp
Hill Pennsylvanis ("Building" of "Property".) If there is more than one, all Tenants are
legally and fully respDnsible, both individually and together, for the payment of rent and
the performance of all other terms of this Agreement.
Clause 2, Identification of Premises
Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and
Tenant rents from landlord, for the private residential use of Tenant only, the house
located at 2209 Orchard RDad Camp Hill Pennsylvania ("Premises"), together with the
following furnishings and appliances:
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Rental of the Premises also includes the right to use the designated parking area for
the purpose of parking Tenant's operatiDnal motor vehicles. This right does not include
the right to store motor vehicles or to park or store motor vehicles that are not used by
the Tenant for personal transpDrtation on a frequent and regular bapregistered
motor vehicles of any kind. Tenant's designated parking area: k1L :ilt#A6)'
Clause 3. Limits on Use and Occupancy
The Premises are to be used Dnly as a private residence for Tenant and Tenant's minor
children, if any. Occupancy by any other person fDr mDre than ten (10) days is
prohibited without Landlord's written consent.
Clause 4. Term of the Tenancy
The term of the rental will begin on ~~ / ,Zoo.] ,and continue for
one (1) year. The term will end on the la Clay of the month which is at least a full year
after the beginning date of the term. Landlord may terminate the tenancy or modify the
terms of this Agreement by giving the Tenant ,=iLl days' written notice. After one
year of tenancy, tenant may terminate the tenancy by giving the landlord 3 C
days' written notice. If Tenant stays or leaves property in the Premises after the
termination of this Agreement, Tenant must also pay landlDrd double the rent amount.
The payment shall not be considered rent, and Tenant shall not have any legal right to
use or remain in the Premises.
Clause 5. Payment of Rent
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Tenant will pay to Landlord rent of $3\oOO.cx\ , payable in advance in monthly
installments of $ 5?~ ,Q(') on the first day of each month, except when that day falls
on a weekend or legal hDliday, in which case rent is due on the next business day.
Rent will be paid to Landlord at the Landlord's address as set forth in Clause 22 or at
such other place as landlord designates.
a. Delivery of payment
Rent will be paid:
./ by mail, to w34 F~'o.rJJtl ~th PA l)o~
./ in person, at J~/3 &-1..c.hCtAd Rei
b. Form of payment
Landlord will accept payment in these forms:
/' personal check made payable to landlord
cashier's check made payable to Landlord
money order
cash
C. Pro-rated first month's rent
For the periDd from Tenant's move-in date, , through
the end of the month, Tenant will pay to landlord the pro-rated monthly rent of
$ . this amount will be paid on or before the date the Tenant moves in.
d. Definition ofadded rent
Any other charges due Dr becoming due under this Agreement are referred to as
"Added Rent." Tenant will pay Added Rent with the next monthly rent.
Clause 6. Late Charges
If Landlord does not receive the full installment of rent due from Tenant before the end
of !J- days after it is due, Tenant will pay Landlord a late charge Df $ J5:c.-<:J,
plus $ I. v'-" for each additional day that the rent remains unpaid. The tDtallate
charge for any on mDnth will not exceed $ 6c .G(") . LandlDrd does not waive the
right to insist on payment of the rent in full Dn the date it is due. --.
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Clause 7. Returned Check and Other Bank Charges
If any check offered by Tenant to landlord in payment of rent or any other amount due
under this Agreement is returned for lack of sufficient funds, a "stop payment" or any
other reason, Tenant will pay Landlord a returned check charge of $25.00.
Clause 8. Security Deposit
On signing this Agreement, Tenant will pay to Landlord the sum of $ as a
security deposit securing all obligations of the Tenant under the Lease, including the
obligation of Tenant to pay rent. If Tenant fails to timely perform any obligation under
this Agreement, Landlord may use the security deposit. If Landlord uses the security
deposit or a portion of it, Tenant will pay to landlord the amount needed to restore the
security deposit to the original amount. Tenant may not use this security deposit to pay
rent or any other sum due under this Agreement. Upon the termination or duration of
this Agreement, landlord will account to Tenant for the security deposit in accordance
with applicable law. If there is more than one person who is Tenant and if Landlord is
otherwise required to return the security deposit or to account for it, Landlord may
return the security deposit or account to any Tenant upon termination of this
Agreement.
Clause 9. Utilities
Tenant will pay all utility charges, except for the following which will be paid by
Landlord: No We.. . Even though Landlord
may pay for some utilities, Landlord has no obligation for any utilities. Tenant must not
use any utilities in excess of the safe capacity of the Premises or in excess of the
amounts commonly used for the purposes intended under this Agreement. Landlord
may collect from the Tenant the cost of any excessive utility usage as Added Rent.
Clause 10. Assignment and Subletting; Subordination
a. Assignment and subletting
Tenant will not sublet any part of the Premises or assign this Agreement without the
prior written consent of Landlord.
b. Subordination
This Agreement and all of Tenant's rights under it are lower than all present and future:
(a) leases for the Building or the land;
(b) loans on the leases, the Building or the land;
(c) agreements securing money paid or to be paid to a lender ("security
agreement"); and
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(d) terms, conditions, renewals, changes of any kind and extensions of the
loans, leases Dr security agreements.
Upon request, Tenant will execute documents evidencing this from time to time.
Clause 11. Tenant's Maintenance Responsibilities
Tenant will: (1) keep the Premises clean, sanitary and in good condition and, upon
termination of the tenancy, return the Premises to Landlord in a condition identical to
that which existed when Tenant took occupancy, except for ordinary wear and tear; (2)
immediately nDtify Landlord of damages to or any defects or dangerous conditions in
and about the Premises of which Tenant becomes aware; and (3) reimburse Landlord,
on demand by Landlord, for the cost of an repairs to the Premises damaged by Tenant
or Tenant's guests or business invitees through misuse or neglect.
Tenant has Examined the premises, including appliances, fixtures, carpets, drapes and
paint, and has found them to be in good, safe and clean conditions and repair, except
as noted in the Landlord-Tenant Checklist.
Clause 12. Tenant's Certificate
When Landlord requests, Tenant will sign a certificate that states:
(a) this Agreement is in full fDrce and unchanged (or how it was changed);
(b) Landlord fully performed all obligations and Tenant has no claim against
Landlord (or what claims Tenant does have);
(c)Tenant is fully performing all terms of this Agreement (or to what extent
Tenant is nDt performing all terms of the Agreement);
(d) rent and Added Rent are paid to date ( Or in what amount they are unpaid);
and (e) any other statement Landlord reasonably requires.
Clause 13. Repaired and Alterations by Tenant; Control of Access
a. Repairs and alterations
Except as authorized below or by the prior written consent of Landlord, Tenant will not
make any repairs or alterations to the Premises, of any kind (see Exhibit A). Any
repairs or alterations approved by the Landlord become the property of landlord when
complete and Paid Dr. They must remain in the Premises when this Agreement ends
unless Landlord requires that they be removed. If Landlord wants them removed,
Landlord will give Tenant at least ten (10) days notice. Tenant will pay all costs of
removal.
b. Control of access
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Tenant will not, without Landlord's prior written consent, alter, re-key or install any
locks to the premises or install or alter any burglar alarm system. If written permission
is obtained, Tenant will provide Landlord with a key or keys capable of unlocking all
such re-keyed or new locks as well as instructions on how to disarm any altered or new
burglar alarm systems.
Clause 14. Violation Laws and Causing Disturbances
Tenant is entitled to quiet enjoyment of the Premises. Tenant and guests or invitees
will not use the Premises of adjacent areas in such a way as to: (1) violate any law or
ordinance, including laws prohibiting the use, possession or sale of illegal drugs; (2)
commit waste (severe property damage); or (3) create a nuisance y annoying,
disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet
of any other Tenant or nearby resident.
Clause 15. Pets
No animal, bird or pet of any kind will be kept on the premises, except property trained
dogs needed by blind, deaf or disabled persons.
Clause 16. Landlord's Right to Access
Landlord or Landlord's agents may enter the Premises in the event of an emergency, to
make repairs or improvements, to monitor and evaluate Tenant's compliance with the
terms of this Agreement, or to show the Premises to prospective buyers or tenants.
Landlord may also enter the Premises to conduct an inspectiDn to check for safety or
maintenance problems. Except in cases of emergency, Tenant's abandonment of the
Premises, court order, or where it is impracticable to do so, LandlDrd will give Tenant
twenty-fDur (24) hours' notice before entering.
Clause 17. Extended Absences by Tenant
Tenant will notify Landlord in advance if Tenant will be away from the Premises for ten
(10) or more consecutive days! During such absence, Landlord may enter the
Premises at times reasonable necessary to maintain the Premise and inspect for
needed repairs.
Clause 18. possession of the Premises
a. Tenant's failure to take possession
If, after signing this Agreement, Tenant fails to take possession of the Premises,
Tenant will still be responsible for paying rent and complying with all other terms Df this
Agreement.
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b. Landlord's failure to deliver possession
If Landlord is unable to deliver possession of the Premises to Tenant for any reason,
including, but not limited to, partial or complete destruction of the Premises, Tenant will
have only the right to terminate this Agreement upon written notice to LandlDrd. In
such event, Landlord's liability to Tenant will be limited to the return of all sums
previously paid by Tenant to Landlord.
Clause 19. Tenant Rules and Regulation
Tenant acknowledges receipt of, and has read a copy, Tenant Rules and Regulations,
which are labeled Exhibit A, attached to and made a part of this Agreement. Landlord
does retain the right to amend, cancel, change, revise, and expand the Tenant Rules
and Regulations from time to time without the consent of the Tenant. Tenant shall
follow as such rules and regulations and shall require that all persons at the Premises
with the consent of the Tenant also follDW all such rules and regulations.
Clause 20. Payment of Court Costs and Attorney Fees in a Lawsuit
In any successful actiDn or legal proceeding (whether the success is partial or
complete) brought or defended by Landlord, with respect to any part of this Agreement,
Tenant shall pay reasonable attorney attorney fees and court costs to Landlord.
Clause 21. Disclosures
Tenant acknowledges that Landlord has made the following disclosure regarding the
Premises:
Disclosures of information on Lead Based Paint and/or Lead-Based Paint Hazards.
Other Disclosures:
Clause 22. Authority to Receive Legal Papers
a. For the Landlord
Only the Landlord is authorized to accept service Df Process and receive Dther notices
and demands directed to him. They shall be delivered to Landlord in person or by first
class mail, postage prepaid, at the following address: 6034 Edward Drive
Mechanicsburg PA 17050 or such other address as Landlord shall designate in writing.
b. For the Tenant
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Service of process and other notices and demands to Tenant may be delivered to
Tenant in person, posted conspicuously anywhere upon the Premises, or by mail.
Landlord need not give Tenant a notice of or an opportunity to correct, any broken term
of this Agreement. Tenant also gives up any right to receive a "notice to quit" or "notice
to vacate" from landlord other than the notice required by this Agreement. This means
Landlord is not required to notify Tenant to leave the Premises except as specifically set
forth in this Agreement.
Clause 23. Additional Provisions
Additional provisions are as follows:
Renters Insurance is recommended
No car washing allowed
Clause 24. Validity of Each Part
If any portion of this Agreement is held to be invalid, its invalidity will not affect the
validity or enforceability of any other provision of this Agreement.
Clause 25. Termination of Tenancy
The following are grounds upon which this Agreement may be terminated by Landlord:
(a) The failure of Tenant or Tenant's guest or invitees to comply with any term or
this Agreement;
(b) If the Landlord discovers at any time that Tenant's rental application is
incorrect or incomplete;
(c) If Tenant cannot pay debts when due or declares bankruptcy.
When this Agreement ends, Tenant must leave the Premise and remove all of Tenant's
property. Tenant will repair any damage. Any property Tenant leaves behind shall be
considered abandoned. Landlord may keep or discard that property.
Clause 26. Entire Agreement
Tenant has read this Agreement before signing it. All promises made by Landlord are
in it, and there are no others.
Clause 27. Parties Bound by Agreement
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This Agreement obligates Landlord, Tenant and all parties who lawfully succeed to
their rights or take their places.
Date:_~~, L",C'5
Landlord:
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Larry umanstock
6034 Edward Drive
Mechanicsburg PA 17050
71.,/0-2 S 2- 7
Tenant:
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Tenant's Signature
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Exhibit A
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Rules and Regulations
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1. That the one signing this contract (Tenant) warrants that he or she has authority to sign for all Tenants
2. To allow Landlord to enter without appointment, in emergencies such as fire, or where it becomes evident that water
of any source is damaging the premises.
3. To assume responsibility and pay for any damage done by wind or rain caused be leaving a window open, and by
overflow of water or stoppage of waste pipes due to Tenant's neglect
4. To keep all hallways, stairways, walks, parking areas free from trash or obstructions, and to use said hallways, waiks,
and parking areas only for purposes of ingress and egress.
5. To use reasonable care in maintaining the apartment, equipment and fumishings.
6. To dispose of all trash in piastic bags.
7. to make and pay all deposits required by electric and telephone companies and to pay each utility bill as it becomes
due.
B. to furnish and replace their own electric bulbs.
9. Not to put additional locks on the doors or windows without written permission from the Landiord.
10. Not to keep gasoline or other explosives in the apartment
11. Not to paint, paper, remodel or make any structural changes, alterations, additions or decorations of any nature
without the written permission of the Landlord.
12. Not to install, erect or attach any fixtures, appliances, or attachments to the premises. Not to remove, exchange or
replace fixtures or equipment of any nature.
13. Not to post any signs or advertisements inside or outside the premises.
14. Not to have a water bed on the premises.
15. Not to erect any aerial outdoor of any kind uniess with written permission from the Landlord.
16. Tenant agrees to be responsible for injuries sustained from the property. Pertains to Tenant, friends and relatives.
17. Tenant agrees not to put any nails, self-adhesive hooks, or screws in cabinets, walls, or woodwork.
18. Tenant agrees not to use any kerosene heaters.
19. Tenant agrees to turn in all keys to Landlord within (24) hours after property is vacated.
20. Tenant agrees to give a written notice of all repairs to apartment, or furnished appliances that need repair.
21. Tenant agrees to periodically test smoke detectors to insure that they are working properly and if not, contract
Landlord immediately in person to get repaired. (repiacement batteries for smoke detectors or the responsibility of the
Tenant)
22. Landlord may add additional regulations if desired. Tenant will agree to initial any changes.
23. No car washing allowed.
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LARRY A. BLUMANSTOCK,
Individually, agent and trustee
of the Elmer W Blumanstock family
Irrrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER: 2005.01821
Vs.
JURY TRIAL DEMANDED
DONALD BENDER and
LINDA BENDER,
Defendants
ANSWER WITH NEW MATTER
ANSWER
NOW COME the Defendants, DONALD BENDER and LlNDA
BENDER, his wife, by and through their attorney, Charles E. Petrie, and
respectfully answer Plaintiffs' Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted in part and denied in part. 1t is admitted that the
parties entered into an agreement to provide for a reduction in rent
provided that Linda Bender clean and provide other custodial services to
the neighboring property. It is denied that this Agreement modified the
terms of Lease 2 because pursuant to paragraph 7 hereinabove, no lease
agreement was currently in effect.
9. Admitted in part and denied in part. It is admitted that
Defendants were occasionally late in making their rental payments. Any
inference that the Defendants were late on every rental payment is
denied.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted in part and denied in part. It is admitted that
Defendants owe rent for February, 2005, in the amount of $800.00. The
real estate was condemned by township officials on March 23, 2005, and
Defendants owe pro-rated rent for March in the amount of$613.00.
Defendants could not legally occupy the premises in April, and therefore
no rent could be due. The total rent due IS $1,413.00.
14. Admitted in part and denied in part. It is admitted that
Defendants provided custodial services for three weeks in February and
one week in March. It is denied that these are the correct numbers of
weeks for which they provided services. In fact, Defendants provided
services for four weeks in February and for three weeks in March.
(7 x $75.00 ; $525.00).
15. Denied. The rent that is outstanding on the premises is
$813.00.
16. Denied. It is denied that the Defendants were $200.00 short
on their rent m June of 2003. it is denied that any late fees are due.
17. Denied. 1t is denied that Defendants bounced four checks.
Defendants bounced one check and are liable for one bad check fee in
the amount of $25.00.
18. Denied. 1t is denied that the terms of the lease are carried over
into the month to month occupancy. 1t is denied that Defendants owe
any attorney fees to the Plaintiffs.
19. Denied. Defendants owe Plaintiffs the sum of $113.00,
calculated as follows;
a. Unpaid rent: $1,413.00
b. Custodial credit ($525.00)
c. Bounced check fee $25.00
d. Security deposit ($800.00)
20. Admitted in part and denied in part. It is admitted that
Plaintiffs have demanded the sum of $5,950.00. It is denied that
Defendants owe this sum to Plaintiffs. The correct amount is $113.00.
21. Denied. Defendants have not breached the terms of the Leases
because the Leases expired on July 31,2004. There are no Leases left to
breach. Additionally, since the premises were condemned by township
officials and Defendants were expelled from the premises, Plaintiffs are in
possession of the premises.
NEW MATTER
22. Defendants incorporate their responses to paragraphs 1
through 21 hereinabove as if fully set forth herein.
23. The premises were condemned by Lower Allen Township
officials and Defendants were expelled from the premises on March 23,
2005.
24. As a result of said expulsion, Defendants have incurred
additional living expenses over and above their normal living expenses
before being expelled from the premises. These expenses include motel
room costs and additional food expenses. Defendants estimate that
these costs exceed $3,000.00.
25. Defendants' personal property, including furnishings, is still in
the premises.
26. As a result of living in an unsafe and uninhabitable residence,
Defendants incurred excessive utility costs.
27. Defendants paid Plaintiffs the sum of $800.00 as a security
deposit on or about August 1, 2002. Defendants are entitled to interest
on said security deposit.
WHEREFORE, Defendants hereby demand judgment against
Plaintiffs and in favor of Defendants in excess of $3,000.00.
Respectfully submitted,
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CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney ID# 29029
ATTORNEY FOR DEFENDANTS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
We verify that the statements in the foregoing Petition are true and
correct. We understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
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DONALD BENDER
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LINDA BENDER
LARRY A. BLUMANSTOCK,
Individually, agent and trustee
of the Elmer W. Blumanstock family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NUMBER: 2005.01821
vs.
JURY TRIAL DEMANDED
DONALD BENDER and
LINDA BENDER,
Defendants
CERTIFICATE OF SERVICE
I, KELLY P. ROBERTS, Paralegal, for Attorney Charles E. Petrie,
hereby certify that on May 6, 2005, a true and correct copy of the
attached Answer with New Matter was served by First class mail, postage
prepaid on the following:
MARK C. DUFFIE, ESQUIRE
JOHNSON, DUFFIE, STEWART & WEIDNER
30 I MARKET STREET
PO BOX J09
LEMOYNE, PA 17043.0109
DATED: Mav 6, 2005
CHARLES E. PETRIE, ESQUIRE
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3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
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Johnson. Duffie, Stewart & Weidner
By: Mark C. Duffie
1.0. No. 75906
301 Market Street
P. O. BDX 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Plaintiffs
LARRY A. BLUMANSTOCK,
individually, agent for and trustee
of the ElmerW. Blumanstockfamily
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-01821
Plaintiffs
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
DONALD BENDER AND
LINDA BENDER,
Defendants
REPL Y TO NEW MA TTER
AND NOW COMES the Plaintiffs, Larry A. Blumanstock and Betty A.
Blumanstock, his wife, by and through their attorneys, Johnson, Duffie, Stewart &
Weidner, and respectfully reply to Defendants' New Matter as follows:
22. Paragraph 22 is one of incorporation to which no response is required.
23. Admitted.
24. Denied. The Plaintiffs have no information as tD the truth or veracity of the
statements set forth in paragraph 24 and strict proof thereof is demanded at trial.
----
25. Admitted. By way of further response, the Defendants' personal property
at the time that the Defendants filed their Answer with New Matter was still in the
premises. As of May 15, 2005, the Defendants have vacated the property.
26. Denied. It is denied that the Defendants were living in an unsafe and
uninhabitable residence. With respect to excessive utility costs incurred by Defendants,
the Plaintiffs have no knowledge as to the truth or veracity of the same and strict proof
thereof is demanded.
27. Admitted in part and denied in part. It is admitted that the Defendants paid
Plaintiffs the sum of $800.00 as a security deposit on or about August 1, 2002. It is
admitted that the Defendants are entitled to interest on the security deposit. It is denied
in that the damages done to the property by the Defendants exceed their security
deposit and any interest accrued thereon. The Plaintiffs have provided a statement to
the Defendants with respect to the allocation of the security deposit and interest as of
June 14, 2005, per the Landlordrrenant Act. Counsel for Defendants has agreed to
accept service of the same as Defendants failed to provide any written forwarding
address in violation of the Landlordrrenant Act.
WHEREFORE, the Plaintiffs respectfully request this Honorable Court to award
judgment in their favor per their prayer on the underlying Complaint.
:252776
By:
VERIFICA TlON
I, Mark C. Duffie, attorney for Larry A. Blumanstock and Betty A. Blumanstock,
hereby certify that the matters asserted herein cDnstitute matters of record, legal
arguments and matters within the direct knowledge of counsel. The statements
contained herein are true and correct to the best of the knDwledge of the undersigned.
This verification is made pursuant to the provisiDns of 18 Pa.C.S.A. 94904.
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Date: f> j''ft,s
.
CERTIFICA TE OF SERVICE
AND NOW, this ,;lt~ day of June, 2005, the undersigned does hereby certify
that she did this date serve a certified copy of the foregoing upon the other parties of
record by causing same to be depDsited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
JOHNSON, DUFFIE, STEWART & WEIDNER
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By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
mcd@jdsw.cDm
Attorneys for Plaintiffs
LARRY A. BLUMANSTOCK,
individually, agent for and trustee of the
Elmer W. Blumanstock Family Irrevocable
Trust and BETTY A. BLUMANSTOCK, his
wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2005-01821
Plaintiff
CIVIL ACTION - LAW
v.
JURY TRIAL DEMANDED
DONALD BENDER AND LINDA BENDER,
Defendants
PETITION FOR APPOINTMENT OF ARBITRATORS
To the Honorable, the Judge of Said Court:
Mark C. Duffie, Esquire, counsel for the Plaintiffs, Larry A. Blumanstock, individually,
agent for and trustee of the Elmer W. Blumanstock Family Irrevocable Trust and Betty
Blumanstock, his wife, in the above action, respectfully represents that:
1. The above captioned action is at issue.
2. The claim of the Plaintiff in the action is $5,950.00. The counterclaim (pled as
New Matter) of the Defendant in the action is in excess of $3,000.00.
The following attorneys are interested in the case as counselor otherwise disqualified to
sit as Arbitrators: Mark C. Duffie, Esquire, Johnson Duffie Stewart and Weidner, 301 Market
Street, P.O. Box 109, Lemoyne, PA 17043; Charles E. Petrie, Esquire, 3528 Brisban Street,
Harrisburg, PA 17111.
WHEREFORE, your Petitioner prays this Honorable Court to appoint three (3)
Arbitrators to whom the case shall be submitted.
ORDER OF COURT
day of
AND NOW, this
consideration of the foregoing Petition,
, 2005, in
, Esquire,
, Esquire, and
Esquire are appointed Arbitrators in the above captioned action as prayed for.
J.
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CERTIFICATE OF SERVICE
AND NOW, this ~day of 1Ltlzt~}1it/lJ
, 2005, the undersigned
does hereby certify that she did this date serve a certified copy of the foregoing upon
the other parties of recDrd by causing same to be deposited in the United States Mail,
first class postage prepaid at Lemoyne, Pennsylvania, addressed as follows:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
JOHNSON, DUFFIE, STEWART & WEIDNER
By: C.d4..-ia. tLtLVl!; /14--i Ul1i1A/h'-
Cassandra T. Rosenb~um
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LARRY A. BLUMANSTOCK,
Individually, agent for and trustee of the :
Elmer W. Blumanstock Family
Irrevocable Trust and BETTY A.
BLUMANSTOCK, his wife,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DONALD BENDER AND
LINDA BENDER,
DEFENDANTS
05-1821 CIVIL TERM
ORDER OF COURT
AND NOW, this
~z,
day of December, 2005, the appointment of
Daryl Christopher, Esquire, to the Arbitration Panel in the above matter is vacated, and
Michael Travis, Esquire, is appointed in his stead.
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By the court,;;p /
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Edgar B. Bayley, J. ~
Lisa Marie Coyne, Esquire - J d.) 7 - .05
Court Administrator
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L4Y'Y'Y' ~ )VYr\41\,U d....,.f
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No..400.(. 01 f 2-1
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Defendant
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of 0 office
ith fi
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Name (Chairman)
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Law Firm
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Address
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Civil Action - Law.
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Name I
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Law Firm
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Name
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Law Firm
,):103 HplCd St.
Address
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Address
CM-t Hill ,PA 17PII
City, Zip
J,j. 10175
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
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City, I Zip
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. Arbi ator, dissents. (Insert name if applicable.)
Date of Hearing: z.. - 2/ - 0 6
Date of Award: '2 -"2-1 -0 (,
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(Chairman)
Notice of Entry of Award
Now, the '" ,v&( day of ~ , 20 0 f., , at /1' 1<.;' , -.a..M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be aid upon appeal: $ ;290. I}()
By:
Deputy
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