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HomeMy WebLinkAbout14-5578 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT. U wA te C I[(XA� I F I COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO, NAME OF MDJ Pocozz k 0!9 C> 5' sic, ADDRESS OF APPELLANT CITY STATE ZIP CODE S-3C 1-4cdvcar d W" �L4 61 CA A 170z--S�- DATE OF JUDGMENT IN THE tASE OF(Plaintiff) (Defendant)' 4S- ?-o V. gelilSgr. 140'rLI DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT Mai'Lt This block will be signed ONLY when this notation is required under Pa. If appellant was Claim amf (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellde. PRAECIPE: To Prothonotary Enter rule upon appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 V INV,A I ' Sfq J Signature of Prothonotary or Deputy )\Anoo owni A IN V I NVAlk S N 14 3 d kid N le9bk1AJDGMENT/TR YOU MUST INCLUDE A COF;rdli'THX AlWa P-PF0 T THIS NOTICE OF APPEAL.,///-/ 7 ';,Jd 61 d3SI03lu AOPC 312-05 A3 It? N 10 C! h AL 01H- 0 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag.Dist.No: MDJ-09-3-05 Katherine A. Procopio MDJ Name: Honorable Mark Martin V. Address: 507 North York Street James Hom, Melissa Hom Mechanicsburg,PA 17055 Telephone: 717-766-4575 Katherine A. Procopio Docket No: MJ-09305-LT-0000112-2014 536 Halyard Way Case Filed: 7/18/2014 Enola, PA 17025 Disposition Details Disposition Summary (oc-Cross complaint) Docket No Plaintiff Daftda pjsnosition Disposition Date MJ-09305-LT-0000112-2014 Katherine A.Procopio James Hom Dismissed Without Prejudice 08/20/2014 MJ-09305-LT-0000112-2014 Katherine A.Procopio Melissa Horn Dismissed Without Prejudice 08/20/2014 IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR SECTIONS TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT 1N WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DMSION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/1'RANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS,ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. + ,J e.,,Ey't 1 Alla Date Magisterial District Judge Mark Martin certify a s Is a true and correct copy of the record of the proceedngs containing the juagment. Date Magisterial District Judge MDJS 315A Page 1 of 2 Printed:08120/2014 11:26:47AM Katherine A. Procopio Docket No.: MJ-09305-LT-0000112-2014 V. James Horn, Melissa Horn Participant List Plaintiff(s) Katherine A.Procopio 536 Halyard Way Enola,PA 17025 Defendant(s) James Horn 141 East Main Street Mechanicsburg,PA 17055 Melissa Horn 141 East Main Street Mechanicsburg,PA 17055 MDJS 315A Page 2 of 2 Printed:08/20/2014 11:26:47AM f Supreme Co Cour nnsylvania leas t The information collected on County For Prothonotary Use Only: Commenceff ie t o tioQn:� it ST Docket No: /(( 55 78 ('- this . form is used solely for court administration purposes. This. form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. S E C 1k.4 I 0 N A Commenceff ie t o tioQn:� Petition Declaration of Taking t G iem 4'''t 42`{] Writ of Summons U • Transfer from Another Jurisdiction U Lead Plaintiff's Name: c,A4Aes;u.e.. J'r c... iis o Lead Defendant's Name: ,1 c., tAA eS l—lrotr H Dollar Amount Requested: Ewithin arbitration limits Are money damages requested? %Yes • No (check one) • outside arbitration limits ' Is this a Class Action Suit? U Yes No Is this an MDJ Appeal? tir Yes No Name of Plaintiff/Appellant's Attorney: U 4 o -L c. lQ_ Vr t S . a Self -Represented [Pro Se] Litigant) • Check here if you have no attorney (are S E C T I 0 N B Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) 13 Intentional ® Malicious Prosecution ® Motor Vehicle Q Nuisance ® Premises Liability El Product Liability (does not include mass tort) 13 Slander/Libel/ Defamation ® Other: MASS TORT ® Asbestos ® Tobacco El Toxic Tort - DES ® Toxic Tort - Implant El Toxic Waste ® Other: PROFESSIONAL LIABLITY ® Dental ® Legal ® Medical ® Other Professional: CONTRACT (do not include Judgments) ® Buyer Plaintiff ® Debt Collection: Credit Card ® Debt Collection: Other El Employment Dispute: Discrimination Employment Dispute: Other U Other: k -co tease RIAI, PROPERTY Ejectment 13 Eminent Domain/Condemnation ® Ground Rent ® Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential 13 Mortgage Foreclosure: Commercial 13 Partition 13 Quiet Title ® Other: CIVIL APPEALS Administrative Agencies ® Board of Assessment 13 Board of Elections Dept. of Transportation Statutory Appeal: Other ® Zoning Board ® Other: MISCELLANEOUS El Common Law/Statutory Arbitration ® Declaratory Judgment Mandamus 0 Non -Domestic Relations Restraining Order O Quo Warranto 0 Replevin O Other: Updated 1/1/2011 T • Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 55 9g{ r*;- • �a James Horn and Melissa Horn and : (...--)r" N.) Occupants of 141 East Main Street, : CIVIL TERM r--< ^' _, Mechanicsburg, PA 17055 l c El No NOTICE TO DEFEND "l YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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, PA 17013 1-800-990-9109 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. James Horn and Melissa Horn and : Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 COMPLAINT 1. The Plaintiff is Katherine A. Procopio (hereafter "Landlord") who resides at 536 Halyard Way, Enola, PA 17025. 2. The Defendants are James Horn and Melissa Horn and Occupants of 141 East Main Street, Mechanicsburg, PA 17055 (hereafter "Tenants") who reside at 141 East Main Street, Mechanicsburg, PA 17055. 3. Plaintiff is the owner of the residential premises known as 141 East Main Street, Mechanicsburg, PA 17055, by virtue of Deed executed on December 27, 2001 and recorded under Instrument Number 2001-044539 at Deed Book 249 page 3883 (hereafter "premises") (said Deed and related recorded documents are attached hereto as "Exhibit A"). 4. Said Deed sets forth fully the legal description of the premises. COUNT 1 —EJECTMENT KATHERINE A. PROCOPIO VS. JAMES HORN AND MELISSA HORN AND OCCUPANTS OF 141 EAST MAIN STREET, MECHANICSBURG, PA 17055 5. Previous paragraphs are incorporated herein. 6. On or around March 24, 2014 the parties executed a lease agreement (hereafter "lease") (the original "Lease Agreement" is attached hereto as "Exhibit B"). 7. Pursuant to the lease Tenants are to make monthly payments of $1,100 to Landlord in consideration of Tenants occupying the premises for a one year term beginning on April 1, 2014. 8. To date, Tenants made only the following payments on the following dates: 4-22-14: $650 (by check #210) 5-9-14: $500 (by check #138) 5-22-14 $500 (by check #169) 6-7-14: $200 (by check #172) 7-4-14: $1,000 (by electronic payment) Total: $2,850 9. Based upon the above payments Tenants are behind $3,750 in monthly payments up and through September of 2014 and shall owe additional sums of $1,100 for each month they remain in the premises thereafter. 10. Pursuant to paragraphs 2C and 2D of the lease Tenants are responsible to pay a late charge of $50 for each rent payment made between 5 to 14 days late and an additional $25 for each rent payment made in excess of 15 days late. 11. Tenants owe late charges totaling $450 up and through September of 2014 and shall owe additional sums for late payments made each month they remain in the premises thereafter. 12. Tenants have breached the lease agreement by failing to make the above payments. 13. Paragraph 21D of the lease states: "If Tenant breaks Lease for any reason, Landlord may ... [g]et back possession of the Property by going to court to evict Tenant." 14. Paragraph 21 of the lease provides procedures relating to Landlord providing Tenants with notice to vacate in the event of Tenants' default. 15. Landlord provided Tenants with proper written notice to pay sums owed or otherwise vacate the premises (pursuant to paragraph 21 of the lease) by letter forwarded on June 17, 2014 (attached hereto as "Exhibit C"). 16. Tenants have refused vacate the premises to date. 17. Based upon Tenants' default on payments due to Landlord the Tenants are in possession of the premises without right, title, and/or color of title. 18. Tenants are wrongfully and unlawfully in possession of the premises. 19. Tenants have no rights of possession to the premises. 20. Notwithstanding the aforesaid, Tenants willfully remain in possession of the premises and refuse to vacate the same. WHEREFORE, Plaintiff demands a judgment be entered in her favor for ejectment of Defendants from the premises, her possession of the premises, costs relating to the filing of this action, and any other relief that the Court deems just. COUNT 2 —BREACH OF CONTRACT KATHERINE A. PROCOPIO VS. JAMES HORN AND MELISSA HORN 21. Previous paragraphs are incorporated herein. 22. Both parties accepted the terms of the lease agreement. 23. The lease agreement provided ample consideration for the benefit of both parties and constituted a binding contract. 24. Tenants have breached said contract by failing to pay $4,300 owed to Landlord up and through September of 2014. 25. Tenants have breached said contract by failing to vacate the premises upon proper notice to do so by Landlord. 26. Tenants will additionally breach said contract by remaining in the premises in months subsequent to September of 2014 without paying $1,100 per month along with applicable late payment charges. 27. Landlord has suffered damages as a result of Tenants' breach in the amount of $4,300 through September of 2014. 28. Landlord will suffer damages in the amount of $1,100 plus applicable late charges for every additional month that Tenants refuse to vacate the premises. 29. Paragraph 21D of the lease permits the recovery of attorney fees by Landlord in relation to the enforcement of the lease; as of September 22, 2014 Landlord has incurred a total of $957.00 in attorney fees in relation to the enforcement of the lease. WHEREFORE, Plaintiff demands a judgment be entered in her favor in the amount of $5,157 plus $1,100 and late charges for every month past September of 2014 that the Defendants fail to vacate the premises, costs relating to the filing of this action, attorney fees incurred after September 22, 2014, and any other relief that the Court deems just. Respectfully submitted, B LEY GAN Mark F. Bayley, Esquir 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Katherine Procopio TAX PARCEL NO. 22-0565404 BOROUGH OF MECHANICSBURG 94v3t 4e DEED THIS DEED is made the 27th day of December, in the year two thousand one (2001). o c7 • N) CO U pp sE" r; .- isa G7 BETWEEN DANIEL E. COLLING and JENNIFER A. HOFFMAN, his wife, now of 141 East;,; Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, parties of the first part, GRANTORS, AND KATHERINE A. PROCOPIO, a single woman, now of 2871 Central Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, party of the second part, GRANTEE. WITNESSETH, that said parties of the first part, for and in consideration of the sum of NINETY- NINE THOUSAND AND 00/100 DOLLARS ($99,000.00), lawful money of the United States of America, well and truly paid by the said party of the second part to the said parties of the first part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have hereby granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff release, convey and confirm unto the said party of the second part, her heirs, successors and assigns, ALL THAT CERTAIN tract or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated June 22, 1970, as follows, to wit: BEGINNING at a point marked by an iron pin in the northern line of East Main Street in the center line of the partition wall between premises 141 East Main Street, herein described, and 143 East Main Street, immediately adjacent on the east hereof, now or formerly of Gelnett, said point being referenced as a distance of 61.7 feet west of the northwest corner of East Main Street and North Race Street, as measured along the northern line of East Main Street; thence extending along the northern line of East Main Street, South 81 degrees 30 minutes West, 20 feet to a point marked by a drill hole, at corner of property now or formerly of Russell, numbered 139 Main Street; thence along the line of said property now or formerly of Russell, North 8 degrees 30 minutes West, 187 feet to a point marked by a nail in the southern line of Strawberry Avenue; thence extending along the southern line of Strawberry Avenue, North 81 degrees 30 minutes East, 20 feet to a point marked by a nail at corner of property now or formerly of Gelnett, aforementioned; thence extending along the line of said property now or fcrmerly of Gelnett and through the center line of the partition wall between premises 141 East Main Street and 143 East Main Street, South 8 degrees 30 minutes East, 187 feet to an iron pin in the northern line of East Main Street, aforementioned, the point and place of BEGINNING. 49 PAGr 883 BEING known as 141 East Main Street, Mechanicsburg, Pennsylvania. BEING the same premises which Jonathan M. Waterman and Sheila A. Waterman, his wife, by their Deed dated August 26, 1999, and recorded in the Cumberland County Recorder of Deeds Office on August 26, 1999, in Deed Book 206, page 576, granted and conveyed unto Daniel E. Coiling and Jennifer A. Hoffman, his wife, Grantors herein. TOGE i tIER with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantors, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said lot or piece of ground above-described, with all and singular the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns forever. AND the said Grantors, for themselves, their heirs, executors and administrators, do covenant, promise and agree, to and with the said Grantee, her heirs and assigns, by these presents, that they, the said Grantors and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, against them, the said Grantors and their heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject as aforesaid, SPECIALLY WARRANT AND FOREVER DEFEND. RIBS SPACE HAS BEEN INTENTIONALLY LEFT BLANK.] 99PA2 iii ww0M wKTCFIN - a 40. LRI CO O ClI00CM 4 0 0 0 4 p IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals, the day and year first written above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1)A -P t4 t t� DANIEL E. COLLING RA.HO N SS: On this, theeZ144.aay of CS/ , 200 I before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared DANIEL E. COLLING and JENNIFER A. HOFFMAN, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pu My Commission Expires: ii0Ox 249 P c COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND RECORDED in the Office for Recording ofDeeds, etc., in and for said County, in Deed Book No. , Page WITNESS my hand and official seal this day of , 200_ Recorder of Deeds CERTIFICATE OF RESIDENCE I hereby certify that the present residence of the Grantee herein is as follows: Katherine A. Procopio 2871 Central Avenue Camp Hill, PA 17011 RETURN DEED TO: Katherine A. Procopio 2871 Central Avenue Camp Hill, PA 17011 I Certify this to be recorded In Cumberland County PA Recorder of Deeds Foot( 249 PnE3866 LEASE AGREEMENT DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT CAREFULLY. MAKE SURE YOU UNDERSTAND EVERY PROVISION AND THAT ALL TERMS AND CONDITIONS AGREED UPON ARE SET FORTH IN IT. IT IS A BINDING LEGAL Lease beginning day of April, 2014, lease ending 31 th day of March, 2015, at 12:00 NOON. By and between Katherine Procopio called "Landlord" and James and Melissa Horn called "Tenant". 1. PROPERTY. Landlord agrees to rent to Tenant the following Property (also called "Premises"): 141 East Main Street, Mechanicsburg, PA 17055 2. RENT. A. The total amount of rent due over the TERM of this Lease is: $13,200.00 B. The rent due each MONTH is: $1,100.00 IS+ C. Rent is due on or before the,l*if eerr y o each month. D. Tenant agrees to pay a late charge of $50.00 if the rent is more than FIVE days late. This charge is for every month late. E. Tenant agrees to pay an additional late charge of $25.00 if the rent is more than FIFTEEN days late. (Every month late) F. Tenant will remit payment to any address Landlord designates. G. Any check that is returned due to NSF (if the check bounces); there will be a charge of $100. All payments made by check, money order or some other form of proven payment. Landlord reserves the right to require payment in liquid form such as cash, money order, or certified bank check if Landlord so desires. If Landlord requires this at any time throughout the lease agreement, the Landlord will make that request in writing to tenant. 3. SECURITY DEPOSIT. Tenant shall deposit with Landlord the sum of: $100.00. It is agreed that if Tenant defaults on any terms or conditions of the lease agreement, the security may be retained as an offset for damages or loss incurred by Landlord. Landlord may also recover for damages in excess of the security deposit. THE SECURITY DEPOSIT IS NOT TO BE USED FOR LAST MONTH'S RENT. When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's mailing address where Landlord can return the security deposit. Landlord will prepare a list of charges for damages and unpaid rents. Landlord must return security deposit minus any charges, within 30 days. 4. RENEWAL. At the end of the original term, this lease will automatically renew on a year to year basis thereafter. If Tenant wishes to avoid this automatic year renewal, Tenant must give written notice sixty (60) days before the end of the term of his/ her wishes to vacate the premises and agrees to pay the rent through the end of the term then in effect. If Landlord wishes to cancel the lease, it agrees to give written notice thirty (30) days before the end of any term. Landlord agrees to give written notice at least sixty (60) days before the end of any yearly term of any proposed change in rent and/or regulations. If, after the Landlord had notified Tenant of a change in rent and/ or regulations, Tenant shall fail to give Landlord at least thirty (30) days written notice (before the end of the term) of Tenants wishes NOT to renew for one year, the Lease will automatically renew, with the changes in rent and/ or regulations as they were given in Landlord's notice to Tenant. 5. USE OF PREMISES. Tenant will use the Property as residence only. Not more than Five (5) people will live on the Premise. Tenant understands this is a non- smoking apartment; therefore, tenant will not smoke cigarettes, cigars, pipes, etc. within apartment at ANY TIME. 6. UTILITIES. TENANT agrees to pay for all, electric, natural gas, water, cable, and telephone service to premises. The heat and hot water are powered by natural gas. The water is paid by the TENANT. Trash and sewer are paid by Tenants Initial V EXHIBIT l Landlords Initials:40 LANDLORD. Any other utilities and services shall be supplied and paid by Tenant. 7. REPAIR. At the end of the lease term, the premises are to be given back to Landlord in as good order as it now is, reasonable wear and tear expected. Upon vacating, tenant will be charged for professional carpet cleaning (additional charges may apply for stains etc.) and door lock changes equal to $150.00. Tenant agrees to thoroughly clean the premises before vacating, including but not limited to all kitchen appliances, bathtub, toilet, cabinets, sinks, floors, windows etc. Tenant will pay for painting if occupying the premises for anytime less than twelve months. Tenant agrees to pay for ANY damage to premises. If during or after the term of this lease, damages occur beyond normal wear and tear, Tenant gives the Landlord the right to make repairs at Tenant's expense, which shall be payable as additional rent, and due within ten (10) days of when the bill is given to Tenant. If Landlord makes any repair to damages, or needs to clean any part of the premises because the Tenant has failed to do so, Landlord may contract out the repair to a third party at their prevailing wages, costs or expenses of the third party. If Landlord makes repairs, or cleaning Landlord will complete the work at a rate of forty dollars ($40.00) per hour for labor in additional to any expense for materials, parts or supplies. IF THE PROPERTY WAS BUILT BEFORE 1978 LEAD HAZARDS DISCLOSURE REQUIREMENTS. The Residential Lead -Based Paint Hazard Reduction Act says that any Landlord or property built prior to 1978 must give the Tenant an EPA pamphlet titled Protect Your Family from Lead in Your Home. The Landlord also must tell the Tenant (and Broker for Landlord) what the Landlord knows about lead-based paint hazards that are in or on the property being rented. Landlord must tell the Tenant how the Landlord knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead based paint hazards are, and the condition of the painted surfaces. Any Landlord of a pre -1978 structure must also give the Tenant any records and reports that the Landlord has or can get about lead-based paint or lead-based paint hazards in or around the property being rented, the common areas, or other dwellings in multi -family housing. The Act does not apply to housing built in 1978 or later. Lead Warning Statement. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre 1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. A. Landlord initial one: '( Landlord does not know of any lead-based paint or lead-based paint hazards (dangers) on the Property; OR Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord must explain what Landlord knows about lead-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any other information Landlord has about the lead-based paint and hazards. B. Lanord initial one: Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property; OR Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on the Property. List records and reports: C. Te .. s' itial all that are true: mit i Tenant received the pamphlet Protect Your Family From Lead in Your Home. MX4 c , / Tenant read the information Landlord gave in paragraph 8 (A) and (B) above. �� Tenant received all records and reports that Landlord listed in paragraph 8 (B) above. D. .ndlord and Tenant certify, by signing this Lease, that the information given is true and to the best of their knowledge. 9. SPECIAL CLAUSES. The Office of the Attorney General has not pre -approved any special conditions or additional terms added by Landlord or Tenant. Any special clauses must comply with the Pennsylvania Plain Language Consumer Contract Act. 10. CONDITION OF PROPERTY. Tenant understands that Landlord will make no repairs, additions, or changes to the property except as follows: 11. . RULES AND REGULATIONS. Rules for use of the Property are attached. Tenant promises to obey the Rules. 12. TENANT'S CARE OF PROPERTY. Tenant, Tenant's family and guests agree to obey all laws and Rules that Tenants Initi Landlords Initials apply to Tenant. A. Tenant will: (1) Keep the Property clean and safe. (2) Get rid of all trash, garbage and any other waste materials as required by Landlord and the law. (3) Use care when using any of the electrical, plumbing, ventilation or other facilities or appliances on the Property. B. Tenant will NOT: (1) Keep any flammable materials on the Property. (2) Willfully destroy or deface any part of the Property. (3) Disturb the peace and quiet of other tenants. (4) Make changes to the Property, such as painting or remodeling, without WRITTEN permission of Landlord. Repairs C. Repairs by Tenant: Tenant will pay to repair any damage to the Property or to any item in or on the Property that Tenant or Tenant's guest cause, whether through lack of care or accident. 13. LANDLORD WILL MAINTAIN PROPERTY. A. Landlord will keep the Property and common areas in reasonable condition and as required by law. B. Landlord will keep all the structural parts of the Property in good working order, including: Roof, Windows, Ceilings, Doors, Walls, Floors, Steps etc. C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe and good working order, including: Air Conditioning (if supplied), Electrical, Water Heating, Plumbing, and Heating. D. Tenant is responsible for and will keep the following in safe and good working order including: Drainage, Ventilation, and Air Quality. Tenant is responsible to replace change the air filter to the furnace at least every two months at tenant's expense. If the Property is furnished with laundry equipment (or hookups for laundry equipment) it is the Tenants responsibility to provide proper ventilation for the dryer unit. E. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant (1) Complains to a government agency or to Landlord about a building or housing code violation. (2) Organizes or joins a Tenant's organization. (3) Uses Tenant's legal rights in lawful manner. 14. LANDLORD'S RIGHT TO ENTER. Landlord and Landlord's representatives reserve the right to enter upon the premises at reasonable hours for the purpose of: a. showing the premises to prospective purchasers, renters, lenders, appraisers, insurance underwriter's etc. b. making repairs, and service work, pest control, and c. inspecting for compliance with the conditions and covenants of this lease. In cases of emergency, Landlord may enter Property without notice. Tenant WILL NOT change the locks. 15. POSSESSION. Tenants agree that if Landlord cannot give Tenants possession because a previous Tenant has not moved out, because of Property damage, or because of any reason beyond the reasonable control of Landlord, Tenant will not hold Landlord responsible for damages. However, Landlord will not charge rent until Landlord can give substantial possession. All other terms of this Lease will remain in effect. 16. TENANT'S FAILURE TO MOVE AT END OF TERM (HOLDING OVER). If Tenant fails to move out after the expiration of the term, this lease shall be considered a tenancy from month to month at a monthly rental of three (3) times the rent payable for the previous term and with the other payments and under the same terms and conditions of this lease, however shall be without prejudice to any rights or remedies of landlord. This means if a move out date has been given to officially move out, either by tenant or landlord, without dispute of the other, and tenant fails to move out by that date, tenant can be liable for holding over charges at three (3) times the monthly rate. 17. PETS. Tenant will not keep any pets on any part of the Property AT ANY TIME, but for 1 cat, without the Landlord's written permission. If at any time said cat or any other animal causes any damage to the property, Tenant will be required to pay for total replacement of the carpet and padding and any other damage to Property. 18. SMOKE & CARBON MONOXIDE DETECTORS. Tenant will maintain and test (monthly) any smoke detectors and carbon monoxide detectors on the Property. Tenant will notify Landlord in writing of any broken smoke or carbon monoxide detector(s). Tenant will pay for any damage to Property if Tenant fails to maintain smoke and carbon monoxide detectors. 19. FIRE OR OTHER DAMAGE. A. If the Property is accidentally damaged (fire, flood, etc.): (1) Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenants Initial Landlords Initials: Tenant and Landlord until the damages are repaired; if the law does not allow Tenant to live on the Property, then this Lease is ended; OR (2) If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended and move out within 24 hours. B. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant will continue to pay rent, even if Tenant can not occupy the Property. 20. AFTER NOTICE TO END LEASE. A. After Tenant or Landlord has given written notice to end this Lease, Landlord may show Property to possible tenants. Landlord or representatives of Landlord will escort possible tenants through Property. Tenant does not have to be present when the Property is shown to possible tenants. B. Tenant agrees to move out peacefully when Lease is ended. If Tenant fails to move out when Lease has ended see paragraph 16. TENANT'S FAILURE TO MOVE AT END OF TERM (HOLDING OVER). \ 21. IF TENANT BREAKS LEASE. A. Tenant breaks this Lease if: (1) Tenant does not pay rent or other charges. (2) Tenant leaves Property permanently before the end of this Lease. (3) Tenant does not move out when supposed to. (4) Tenant fails to do anything Tenant agreed to in this Lease. B. Non -Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE DAYS is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has given Tenant written notice, Landlord can file a lawsuit to evict Tenant. TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. This means in the event of default, Tenant waives the requirement of any NOTICE TO QUIT. C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem, Landlord can then give Tenant FIVE DAYS written notice to move from the Property. If Tenant does not move out, Landlord can file a lawsuit to evict Tenant on the sixth day. Tenant is waiving or giving up Tenant's right to longer notices to correct problems and to move out. D. If Tenant breaks Lease for any reason, Landlord may: (1) Get back possession of the Property by going court to evict Tenant. If Landlord hires a lawyer to start eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs, such additional management fees etc. Tenant also agrees to pay Landlord leasing fees and/ or additional management fees equal to one months rent. (2) File a lawsuit against Tenant for rents and charges not paid and for rents and charges for the rest of the Lease term. If Landlord wins (gets a money judgment against Tenant), Landlord can use the court process to take Tenant's personal goods, furniture, motor vehicles, and money in banks etc. (3) Keep Tenant's Security Deposit. 22. SALE OF PROPERTY. A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing: (1) The name, address, and phone number of the new Landlord. (2) Where rent is to be paid. (3) Notice that the security deposit has been given to the new Landlord, who will be responsible for it. B. Tenant agrees that Landlord may transfer Tenant's money and advanced rent to the new Landlord. C. Tenant understands that Landlord will have no duties regarding this Lease after the Property is sold and Landlord may transfer (assign) this Lease to the new Landlord. D. Landlord agrees to require any new Landlord, as a condition of sale, to take on Landlord's duties under this Lease. Hul-f Tenants Initial Landlords Initials: r' s . 23. IF GOVERNMENT TAKES PROPERTY. The government or other public authority can take private property for public use. The taking is called condemnation. If any part of the Property is taken by the government, Landlord will reduce the rent proportionately. If all the Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any unused security deposit or advance rent. No money paid to Landlord for the condemnation of the Property will belong to Tenant. 24. SUBLEASING AND TRANSFER. A. Landlord may transfer this Lease to another Landlord and this Lease will remain the same with the new Landlord. B. Tenant may NOT transfer this Lease or sublease (rent to another person) this Property without Landlord's written permission. 25. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER. Landlord may have a mortgage on the Property. The rights of the mortgage lender come before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease.) TENANTS MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 26. INSURANCE AND RELEASE. A. Tenant understands that (1) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY, OR GUESTS. (2) TENANT IS REQUIRED BY LANDLORD TO HAVE FIRE INSURANCE EQUAL TO OR GREATER THAN $100,000 & LIABILITY INSURANCE EQUAL TO OR GREATER THAN $300,000, TO PROTECT TENANT, TENANT'S PROPERTY, AND GUESTS WHO ARE INJURED WHILE ON THE PROPERTY. CERTIFICATE OF INSURANCE MUST SAY "ADDITIONAL INSURED, KATHERINE PROCOPIO B. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any loss or claim, including attorney's fees that result from the damage or injury. ,C. Landlord is responsible for any injury or damage that results from Landlord's carelessness. D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guest cause. 27. NON -WAIVER. The failure of Landlord to insist in any one or more instances upon a strict performance of any term or condition of this lease or to exercise any of the rights specified in the lease shall not be mistaken as a waiver for the future of such term or condition. All parts of this Lease Agreement shall always continue in full force and effect unless Landlord changes it in writing. 28. LIABILITY. In the event more than one person shall be Tenant, the liability of each shall be joint and several. 29. HEIRS AND ASSIGNS. All rights and liabilities given to, or imposed upon, the individual here within, shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties. 30. ALL ITEMS of personal property left by Tenant after vacating the Property shall become the property of Landlord, which reserves the right to dispose in any manner or place property in storage at Tenant's expense. 31. CAPTIONS. The headings in this Lease are meant only to make it easier to find the paragraphs. 32. CONSUMER NOTICE. Tenant and Landlord have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 35.366 33. OTHER TERMS: Tenants are responsible for any snow removal on public sidewalks. Snow must be removed within 24 hours of the end of the snowfall. THIS PROPERTY IS SMOKE FREE AND TENANTS OR GUESTS WILL NOT SMOKE ON THE PREMISES. 34. APPLIANCES & PROPERTY OF LANDLORD. The Property is equipped with the following items which are the personal property of Landlord: The Premises is equipped with (and owned by Landlord) a washer, dryer, refrigerator, microwave, dishwasher, and stove. MM Tenants Initial Landlords Initials:4) 35. NOTICE. All notices required under this agreement shall be delivered on the Tenant by mailing to the same address specified above. All notices required to be served upon the Landlord shall be mailed to: 36. ENTIRE AGREEMENT. This Lease is the entire agreement between Tenant and Landlord. No spoken or written agreements made before are part of this Lease unless they are included in this Lease. Rules and Regulations are included as part of this agreement. NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO CONSULT AN ATTORNEY. LANDLORD: DATE: 12s/1i Tenants Initi Landlords Initials: RULES AND REGULATIONS Tenant, guests, and family members acknowledge that failure to abide by said rules and regulations shall constitute a default under the terms of this lease. (a) Tenant shall keep the premises leased by Tenant in a good state of preservation and cleanliness, shall not drive nails into the woodwork or walls of said premises, or allow the same to be done. Tenant will only use standard picture hangers for hanging pictures, mirrors and the like. If Tenant uses picture hangers or anything else that causes holes in the walls, Tenant will patch holes with standard drywall spackling and then sand, prior to vacating the Property. Damage from nails, screws, etc. is NOT considered normal wear and tear. Do not put nails or screws etc. in the ceiling. (Electric cable can seriously be damaged). (b) Tenant understands this is a non- smoking unit; therefore, tenant will not smoke cigarettes, cigars, pipes, etc. within unit at ANY TIME. (c) No rags, sweepings, sanitary napkins, ashes or any other improper articles shall be thrown into the plumbing fixtures nor any harmful cleaning materials are to be used. The cost of any damage to any plumbing fixtures, equipment, or to appliances from misuse shall be borne by the Tenant. If plumbing becomes clogged or stopped up after five (5) days after occupancy date or possession of premises, cost of opening line will be paid by Tenant. (d) Tenant agrees to furnish their own light bulbs for all inside and outside lights of premises. (e) The kitchen floors are NO WAX linoleum. Do not use varnish or wax on any floor. (f) 3 door keys are provided for each apartment. Upon termination of tenancy, unless all keys are returned to Landlord, a charge determined by management will be made. Landlord is not required to provide admission to any Tenant that locks themselves out of their premises or losses or misplaces their keys to said premises. If Landlord chooses to exercise Landlords option to provide admission to Tenants premises, a charge of $65.00 maybe expensed to Tenant. Tenant is prohibited from changing the locks to the premises without a written agreement from Landlord. (g) Charcoal and gas grills and other outdoor cooking equipment must be used on balcony or patio, and must remain outside the premises and AWAY FROM THE BUILDING. (h) Tenant (s), and their visitors and guests, shall not at anytime make noise, or do anything or conduct themselves in any way which disturbs any other Tenants or interferes with the rights, comfort or convenience of any other Tenant. Musical or sound reproducing instruments or singing or any other noise shall be contained within the premises AT ALL TIMES, especially between the hours of 9:00 PM and 10:00 AM. (i) No Tenant shall place or permit to be placed, any sign, advertising matter or any roof aerial or other structure in any window of the apartment of premises or elsewhere in or upon the Landlords property. No Tenant shall place or permit to be placed any awning, in or at any window of the premises without the written permission of the Landlord. Windows must be properly draped or curtained within two (2) weeks after move in. (j) Guests of Tenant staying for more than five (5) days shall be deemed permanent occupants and this is considered a violation of the lease and will be required to quit and vacate within 24 hour notice to do so. (k) Tenant is liable and responsible for any damage to Property caused by Tenant, including any equipment, appliances or anything else. Tenant is liable and responsible for any personal property owned by Tenant that causes damage to the Property, Premises or any other property of another Tenant. (o) If the premise is furnished with a washer and dryer or a hook-up for laundry equipment, it is the Tenants responsibility to provide ventilation for washer and dryer unit. Any mold and/or mildew caused due lack of ventilation is the responsibility of Tenant, including cleaning, repairs and maintenance. Tenants Initial 1-114(-1- 4)- Landlords 14(-1- Landlords Initials: (1) No water beds are permitted in the premises. (m) All vehicles on the premises must be licensed, inspected and operable. All other vehicles will be towed away at Tenants expense. On-site vehicle maintenance and repairs is prohibited. Motorcycles must be kept in the garage. If found in the apartment, the Tenant will be in violation of the lease. Boats, motorhomes, campers, tractor trailers, and any other type of vehicle are not permitted in the driveway. (n) All personal property is to be kept inside the dwelling unit. Any personal property outside of apartment or assigned storage of apartment may be disposed of by Landlord without notice. (o) No kerosene heaters are allowed in the apartment or any part of the premises. (p) Window treatments are property of the landlord, if broken, tenant must replace with like kind. (q) Garbage disposals are to be used in moderation. Drainage backups are the responsibility of Tenant. (r) Storage is NOT permitted next to the furnace. This restricts air flow and will cause higher utility costs and possible fire. (s) Refrigerators must be cleaned underneath by Tenant. Excessive dirt restricts air flow to refrigerator compressor and will cause damage which will be expensed to Tenant if the compressor is damaged. (t) Tenant is responsible to test smoke detectors and carbon monoxide detectors MONTHLY and replace batteries every 6motit TENA__ MANAGEMENT —2 c/� DATE: LANDLORD T/ Tenants Initial : Landlords Initials VIA USPS 1 s` Class Certified Mail Mr. James Horn Mrs. Melissa Horn 141 East Main Street Mechanicsburg, PA 17055 June 17, 2014 Re: Notice of Intent to Evict Mr. and Mrs. Horn, Please be advised that pursuant to Paragraph 21 Sections A.1 and B of the Lease Agreement signed between James and Melissa Horn and Katherine Procopio, reading in relevant part:. 21. IF TENANT BREAKS LEASE. A. Tenant breaks this Lease if: (1) Tenant does not pay rent or other charges. B. Non -Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE DAYS is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has given Tenant written notice, Landlord can file a lawsuit to evict Tenant. Therefore, this correspondence, pursuant to 21.B.of the Lease Agreement constitutes written notice of eviction for violation of 21 A. Tenant does not pay rent. Below is an itemized list of rent due and owing based on Paragraph 1 of the Lease Agreement: Due March 15, 2014: $100 security deposit Due March 15, 2014: $550 rent Due April 1, 2014: $1100 Due May 1, 2014: $1100 Due June 1, 2014: $1100 Penalties owed: April $25.00 + $50.00, May $25.00 + $50.00, June $25.00 + $50.00 Total: $4,175.00 Tenant, as of June 17, 2014 has paid: March 28, 2014: $500 April 22, 2014: $650 May 9, 2014: $500 May 22, 2014: $500 June 7, 2014: $200 Total: $2,350.00 Therefore the amount due and owning is $1,825.00. Failure to pay this amount, in full by the 6th day after tenant receives this letter, or to vacate the premises by the same, will result in a lawsuit. Sincerely, atherine A. Procopio, Landlord 536 Halyard Way Enola, PA 17025 717-645-0178 EXHIBIT C Page 1 Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. James Horn and Melissa Horn and : Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: James Horn, Melissa Horn and Occupants of the below premises 141 East Main Street Mechanicsburg, PA 17055 Mark F. Bayley, Esquire P -R0 6iONO'�.',f 2011i SEP 23 P11 CUMBERLAND COUNTY PENNSYLVANIA • PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OFLuicukcl AFFIDAVIT: I hereby (swear) (affirm) that I served ; ss 1 g ❑ a copy of the Notice of Appeal, Common Pleas No. ,''t , upon the Magisterial District Judge designated therein on Z - (date of service)Se� , 201 9 , ❑ by personal serviceby (certified) (registered) mail, 40,wte S t rit cl , sender's receipt attached hereto, and upon the appellee, (name) , on 591,2"20 IL) Eby personal service' by (certified) (registered) mail, sender's receipt attached hereto. (SWORN (AFFIRMED AND SUBSCRIBED BEFORE ME THIS e2 DAY •F Gad 20 ly Sig ureb • i— al b•ttle whom affidavit was made COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie J. Gibson, Notary PtublIC Carlisle Boro, Cumberland County My Commission Expires Aug. 17, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Title of official My commission expires on , 20 AOPC 312A - 05 11 ignature of affia. N ru II • • • ' - 1 - TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ru a– nn N m r-9 Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) U') See Reverse tor Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee r-1 t= N Total Postage & Fees PS Form 3800, August 200 ee Reverse for Instructions CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0098 09/22/2014 (800)275-8777 11:14:23 AM Product — Sales Receipt Sale Unit Description Qty Price MECHANICSBURG PA 17055-2778 Zone -1 First -Class Mail Letter 1.20 oz. Expected Delivery: Tue 09/23/14 Return Rcpt (Green Card) @@ Certified USPS Certified Mail #: 70140150000137539271 Issue Postage: MECHANICSBURG PA 17055-3854 Zone -1 First -Class Mail Letter 1.20 oz. Expected Delivery: Tue 09/23/14 Return Rcpt (Green Card) @@ Certified USPS Certified Mail #: 70140150000137539288 ________ Issue Postage: $6.70 Final Price 0.70 $2.70 $3.30 $6.70 $0.70 $2.70 $3.30 Total: Paid by: MasterCard Account #: Approval #: Transaction #: 23 903110013 $13.40 XXXXXXXXXXXX32543.40 02537Z 287 @@ For tracking or inquiries go to USPS.com or call 1-800-222-1811. **************************************** BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. James Horn and Melissa Horn and : Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: James Horn, Melissa Horn and Occupants of the below premises 141 East Main Street Mechanicsburg, PA 17055 Mark F. Bayley, Esquire Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 14-5578 CI James Horn and Melissa Horn and pfi�i8-'. Occupants of 141 East Main Street, :CIVIL TERM Mechanicsburg, PA 17055 z —+4-0 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT 2-j. �9 ` TO THE PROTHONOTARY: Kindly enter default judgment for ejectment with regard to the above captioned matter against the defendants, James Horn and Melissa Horn and Occupants of 141 East Main Street, Mechanicsburg, PA 17055 and for possession on behalf of plaintiff. Kindly enter default judgment against the defendants, James Horn and Melissa Horn, with regard to the above captioned matter in the amount of $5,157. Undersigned counsel hereby certifies and verifies, subject to 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities, that a written notice of intention to file the within praecipe was mailed to defendants on October 14, 2014 (a copy of said notice and enclosure letter is attached as. "Exhibit A") pursuant to Pa.R.C.P. 237.1, 1037 and other applicable rules of procedure. Original service of plaintiffs appeal was made by certified mail in accordance with Pa.R.C.P.M.D.J. 1005 (mailing receipts were made part of the record on September 23, 2014); service of plaintiffs Complaint was made by First Class Mail on September 22, 2014 in accordance with Pa.R.C.P.M.D.J. 1005 (see 416. S6 Lftti7/5' 4312-7.2q September 22, 2014 enclosure letter attached as "Exhibit B"). - Z1 - I 1 Respectfully submitted, BAYLEY ANGAN Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 14-5578 James Horn and Melissa Horn and Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 To: Defendants James Horn and Melissa Horn and Occupants of 141 East Main Street Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. DATE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 BAYLEY & MANGAN Mark F. Bayley, Es re 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 EXHIBIT $ • Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire Telephone: (717) 241-2446 John J. Mangan, 111, Esquire Fax: (717) 241-2456 Brian 0. Williams, Esquire Connie Gibson, Secretary September 22, 2014 James Horn and Melissa Horn and Occupants of the below premises 141 East Main Street Mechanicsburg, PA 17055 Re: Civil No. 14-5578 — Complaint Procopio v. Horn — Docket 14-5578 James and Melissa Horn and Occupants: Enclosed is a Notice to Defend and a Complaint with a Count 2 — Breach of Contract that I have filed on behalf of Katherine Procopio on September 22, 2014. Sincerely, y ) Mark F. Bayley,E ID # 87663 Enclosure /mfb/cjg/ Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 14-5578 James Horn and Melissa Horn and : Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: James Horn, Melissa Horn and Occupants of the below premises 141 East Main Street Mechanicsburg, PA 17055 Mark F. Bayley, Esquire Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF r Plaintiff : CUMBERLAND COUNTY, PENNSYLV TII . -0 Z ,% "7 i CD vs. : DOCKET NO. 14-5578 rlrn `.....r - Ip. . Cf) N) c - James Horn and Melissa Horn and : r— -� -n Occupants of 141 East Main Street, : CIVIL TERM, Mechanicsburg, PA 17055 cc..-. N'<<'' -4 C.0 -< isQ PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue writ of possession in the above matter. \D-Z-fq Respectfully submitted, BAYLEY & MALIGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 (Attorney for Plaintiff) 1.2-k •57) P ``r c�4t. Loy 3/d- 736 $ 5",7 5-- us+,Er e 1„,50 11 1- 16 �� Il r 77 60 d 61.41--,/ rI Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 14-5578 James Horn and Melissa Horn and : Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail: James Horn, Melissa Horn and Occupants of the below premises 141 East Main Street Mechanicsburg, PA 17055 Mark F. Bayley, Esquire Katherine A. Procopio : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 14-5578 James Horn and Melissa Horn and : Occupants of 141 East Main Street, : CIVIL TERM Mechanicsburg, PA 17055 WRIT OF POSSESSION TO THE SHERIFF OF CUMBERLAND COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to the Plaintiff, Katherine A. Procopio: 141 East Main Street Mechanicsburg, PA 17055 (Described fully in Deed attached as "Exhibit A") (Name of Prothonotary Clerk) (Deputy) Seal of Court Date 99d3 ti TAX PARCEL NO. 2?-0565-104 fL cm = � BOROUGH OF MECHANICSBURG 4 ry 7- DEED .. t - = <, _ 3 THIS DEED is made the 27"' day of December, in the year two thousand one (2001). °D ' ; r - -‹r.-7 . re ' 4-) BETWEEN DANIEL E. COLLING and JENNIFER A. HOFFMAN, his wife, now of 141 East:" Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, parties of the first part, GRANTORS, AND KATHERINE A. PROCOPIO, a single woman, now of 2871 Central Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, party of the second part, GRANTEE. WITNESSETH, that said parties of the first part, for and in consideration of the sum of NINETY- NINE THOUSAND AND 001100 DOLLARS ($99,000.00), lawful money of the United States of America, well and truly paid by the said party of the second part to the said parties of the first part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have hereby granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff release, convey and confirm unto the said party of the second part, her heirs, successors and assigns, ALL THAT CERTAIN tract or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated June 22, 1970, as follows, to wit: BEGINNING at a point marked by an iron pin in the northern line of East Main Street in the center line of the partition wall between premises 141 East Main Street, herein described, and 143 East Main Street, immediately adjacent on the east hereof, now or formerly of Gelnett, said point being referenced as a distance of 61.7 feet west ofthe northwest corner of East Main Street and North Race Street, as measured along the northern line of East Main Street; thence extending along the northern line of East Main Street, South 81 degrees 30 minutes West, 20 feet to a point marked by a drill hole, at corner of property now or formerly of Russell, numbered 139 Main Street; thence along the line of said property now or formerly of Russell, North 8 degrees 30 minutes West, 187 feet to a point marked by a nail in the southern line of Strawberry Avenue; thence extending along the southern line of Strawberry Avenue, North 81 degrees 30 minutes East, 20 feet to a point marked by a nail at corner of property now or formerly of Gelnett, aforementioned; thence extending along the line of said property now or fcrmerly of Gelnett and through the center line of the partition wall between premises 141 East Main Street and 143 East Main Street, South 8 degrees 30 minutes East, 187 feet to an iron pin in the northern line of East Main Street, aforementioned, the point and place of BEGINNING. w J EXHIBIT l soo: 249 PAG 3& 3 BEING known as 141 East Main Street, Mechanicsburg, Pennsylvania. BEING the same premises which Jonathan M. Waterman and Sheila A. Waterman, his wife, by their Deed dated August 26, 1999, and recorded in the Cumberland County Recorder of Deeds Office on August 26, 1999, in Deed Book 206, page 576, granted and conveyed unto Daniel E. Colling and Jennifer A. Hoffman, his wife, Grantors herein. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantors, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said lot or piece of ground above-described, with all and singular the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns forever. AND the said Grantors, for themselves, their heirs, executors and administrators, do covenant, promise and agree, to and with the said Grantee, her heirs and assigns, by these presents, that they, the said Grantors and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, against them, the said Grantors and their heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject as aforesaid, SPECIALLY WARRANT AND FOREVER DEFEND. [THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK.] VPSIPM2WRiAPARR 73 4.1 VI VS 'NNm— 1 == 1 1 w s.a p i 11 i .- {a .. 4S V• 1 LTE' g - r� :s r t�1 Q O C/O O pp r�O p�y O t? GA fJ1 boo ( 249 c 3 4 .�.08C72 Ca}2C» 6s7 a IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals, the day and year first written above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF 14 4 i •DANIEL E. COLLING JE ER A. HO N SS: On this, the, 1 day of anI. .t4 , 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared DANIEL E. COLLING and JENNIFER A. HOFFMAN, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary PuMiic My Commission Expires: Ment, Petrtsylvemia association of Notaries Fog 249 PAGE Z 685 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND RECORDED in the Office for Recording ofDeeds, etc., in and for said County, in Deed Book No. , Page WITNESS my hand and official seal this day of , 200_. Recorder of Deeds CERTIFICATE OF RESIDENCE I hereby certify that the present residence of the Grantee herein is as follows: Katherine A. Procopio 2871 Central Avenue Camp Hill, PA 17011 RETURN DEED TO: Katherine A. Procopio 2871 Central Avenue Camp Dill, PA 17011 I Certify this to be recorded In Cumberland County PA Recorder of Deeds box 249 PAct38 6 lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Katherine A. Procopio VS. No. 14-5578 Civil Term James Horn and Melissa Horn and Occupants of 141 East Main Street, Mechanicsburg, PA 17055 Costs Attorney's $ 177.00 Plaintiff's $ Prothonotary $ 2.25 DUE CO COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) Katherine A. Procopio being: (Premises as follows): 141 East Main Street, Mechanicsburg, PA 17055 (Described fully in Deed attached as "Exhibit A") (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date October 28, 2014 (Seal) PlfLzL David D. Buell, Prothonotary, Common Pleas Court of Cumberland County PA 2 of 2 No 14-5578 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Katherine A. Procopio VS. James Horn and Melissa Horn and Occupants WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 177.00 Plff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: Mark F. Bayley, Esq. Supreme Court I.D. #87663 Bayley & Mangan 17 West South Street Carlisle, PA 17013 717-241-2446 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So Answers, Sheriff By Prothonotary Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF CE OF Tl $14 RIFF THE NROTf ON i #i , 20i4 NOV -5 Hi 3: if 6 CUMBERLAND COUNTY PENNSYLVANIA Katherine Procopio vs. James Horn (et al.) Case Number 2014-5578 SHERIFF'S RETURN OF SERVICE 11/04/2014 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: James Horn at 141 E Main Street, Mechanicsburg Boro, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. 11/04/2014 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Melissa Horn at 141 E Main Street, Mechanicsburg Boro, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. 11/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: OCCUPANT of 141 E Main Street, Mechanicsburg Boro, Mechanicsburg, PA 17055, but was unable to locate the Defendant in his bailiwick. The only residents of 141 E Main Street, Mechanicsburg Boro, Mechanicsburg, PA 17055 are defendants James Horn and Melissa Horn. The Sheriff therefore returns the within requested Writ of Possession as "Not Found" as to OCCUPANT. SO ANSWERS, November 05, 2014 RONNY R ANDERSON, SHERIFF c; CountySuite Sheriff, Te!eosof, Inc. Ronny R Anderson Sheriff Jody 5 Smith ChiefDeputy, Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY .,/ rDOF-/er rTHE PRO-AONOTA FC; 2014 NOV /3 PM �/ 514 - QF THE SHERIFF - CUMBERLAND _ YPENNSYLVANIA Katherine Procopio vs. James Horn (et al.) Case Number 2014-5578 SHERIFF'S RETURN OF SERVICE 11/04/2014 05:53 PM - Deputy Shawn Gutshall, being duly sworn accoring to law, served the requested Writ of Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: James Horn at 141 E Main Street, Mechanicsburg Boro, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. 11/04/2014 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Mellssa Horn at 141 E Main Street, Mechanicsburg Boro, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. 11/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: OCCUPANT of 141 E Main S8neet, Mechanicsburg Buvo, Mechanicsburg, PA 17055, but was unable to locate the Defendant in his bailiwick. The only residents of 141 E Main EVnaet, Mechanicsburg 8ono, Mechonicoburg, PA 17055 are defendants James Horn and Melissa Horn. The Sheriff therefore returns the within requested Writ of Possession as "Not Found" as to OCCUPANT. 11/13/2014 By virtue of this wr.SheriffRnnnyR.AndemnnoauuedthovidhinnamedP|airdiffhohaveponoeosionof the premises described as 141 East Main Street, Mechanicmburg, PA 17055. SHERIFF COST: $105.90 SO ANSWERS, November 13, 2014 RONNYRANDERSON, SHERIFF (c) CcuriciSuite Sheriff, Teicoscft.