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HomeMy WebLinkAbout14-6233 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT C7 COMMON PLEAS No.1q— 033 Cute— 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 t y case referenced below. NAME F APPELLA A IS- NO. Mc OF M 111,LA 3-p ADDRESS OF APIIPELLANT ~ TY All r,., - ZIP CODE r r '3tQ.NJDyt 45 F 4JU01Mti T I THE C c OF til hl 1.� �1fC fi� G DOCKESIGNATURtOF APPELLANT OR AT-0 c OR AGENT N-7--Qn Mq T is lock will be signed ONLY when this notation is required unde Pa. If appellan was Cla nt (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. 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. Scna.u(_o ProthonotaryorDeputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of arm to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial,Distdct Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary f Enter rule upon0A appellee(s),t file a complaint in this appeal Name ofappel! s (Common Pleas No./q— 6 I' 3 C�U lL )within twenty(20)days after service f rule r s r e try of judgment of non pros. �el S n ure of appellant or attorney or agent RULE: To�� �A R,\ t.)A-' appellee(s) Nale of appellees (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing Dater aa. 20 .c��X ' Signature of Frothonotary or Deputy YGU MUST!NCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. PCV�d as G� VINVAIASNN3aAOPC 31205. -�1Nnoid QNVI2 30WI13 :z WC] + z 130�I OZ (f--% s h . ? v1n��11 =.1 _�H10dd 111 ) .; A 10-c3-11 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/TranSCript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-04 John & Lynette Potteiger MDJ Name: Honorable Kathryn H. Silcox V. Address: 5275 East Trindle Road Guy D. Huber, Deborah Huber Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 . Guy D. Huber Docket No: MJ=09304-LT-0000135-2014 1341 Scenery Dr Case Filed: 10/6/2014 Mechanicsburg, PA 17050 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction., No Disposition Summary (cc Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-LT-0000135-2014 John&Lynette Potteiger Guy D.Huber Judgment for Plaintiff 10/14/2014. MJ-09304-LT-0000135-2014 John&Lynette.Potteiger Deborah Huber Judgment for Plaintiff 10/14/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Deborah Huber $1,605.80 $0.00 $1,605:80 Guy D.Huber $1,605.80 $0.00 $1,605.80 John&Lynette Potteiger $0.00 $0.00 $0.00 Judgment Finding (*PostJudgment) In the matter of John & Lynette Potteiger vs. Guy D. Huber; Deborah Huber on MJ-09304-LT-0000135-2014,.on 10114/2014 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$1,295.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied : Amount Filing Fees $127.50 $0.00 $127.50 Costs $14.00 $0.00 $14.00 Server Fees $39.80 $0.00 $39.80 Rent in Arrears $1,424.50 . $0.00 $1,424.50 Grand Total: $1,605.80 . Portion of judgment for physical damages arising out of residential lease: 80.00 MDJS.315A Page 1 of 3 Printed: 10/14/2014 11:56:02AM John & Lynette Potteiger Docket No.: MJ-09304-LT-0000135-2014 V. Guy D. Huber, Deborah Huber 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.ERY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF CNT COMMON PLEAS,CIVIL DIVISION. AN APPEAL"MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO.OBTAIN_A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR.. SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.140.1008 OR 1013 FAR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT 114VOLVING A RESIDENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY.,OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR 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 JUDGNIIENT: J . O by Date The Honorable certify that this is a true and correct copy of the record o the proceedings con�ta, ing t e judgment. Date Magisterial District Judge r MDJS 315A Page 2 of 3 Printed: 10/14/2014 11:56:02AM John 8, Lynette Potteiger Docket No.: MJ-09304-LT-0000135-2014 V. .. Guy D. Huber; Deborah Huber Participant.Lest Plaintiff(s) . John&.Lynette Potteiger 76 Silver Crown Dr. Mechanicsburg, PA 17050. Defendant(s) Deborah Huber a .: 5,11 North MainStreet Athens, PA 18810 :. t Guy D.:Huber 1341 Scenery Dr Mechanicsburg,PA 17050 1, MDJS.315A` Pa `e 3 of 3 9 Printed: 10/14/2014 11.56:02AM r:ILED-OFFICE OE THE PROTHONOTAFO 2014 NOV -3 PH 1:26 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 PENNSYL IA COUNTY 0 ; 55 AFFIDAVIT: I hereby (swear) (affirm) that I served (SWORN THIS Sign a copy of the Notice of Appeal, Common (date of service)1 1/C, 20 tilt sender's receipt attached hereto, and u n the apPell 20 Eby personal service sender's receipt attached hereto. Plea (AFFIRMED) AND SUBkRIBED BEFORE ME DAY 0F/0v, 20 / official be weaffidavit was made hirLWC Title of official My commission expires on . 20 Prothondarl, Chniberland County, Carlisle, PA My Commission Expiret the First Monday of Jan. 2018 AOPC 312A - 05 c4.3 s , the M isterial District Judge designated therein on by pers e, al service NjJ by (certified) (registered) mail, , on d) (registered) U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only 16 Sent To Street & Apt. No., or PO Box No. City, State, ZIP+4 Return leceipt Fee (Endorsemei Required) Restricted eUvery Fee (Endorseme Required) Total Postage & Fee Postmark Here 11/03f2014 PS Form 3800, July 2014 See Reverse for Instructions David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, Defendants, CIVIL ACTION --LAW DOCKET NO: 14-6233 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiffs, John Potteiger and Lynette Potteiger. Papers may be served at the address set forth above. Respectfully submitted, WALTERS & GALLOWAY, PLLC David R Galloway, • 87326 Counsel for Plaint' f rn c7; rn rIn -� (_) GJ ; c; t{y David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 u11. DEC 16 PH 1: 39 CUMBERLAND COUNTY PENNSYLVANIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, Defendants, CIVIL ACTION --LAW DOCKET NO: 14-6233 PRAECIPE TO STRIKE APPEAL AND TERMINATE SUPERSEDEAS TO THE PROTHONOTARY: Please strike the appeal and terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 when it became due. Date: December 16, 2014 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plain ; ff Upon confirmation of failure of the appellant to deposit the monthly rent when it became due, the supersedeas is terminated. Date: f0//4 /020/ V By: Prothonotary David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, CIVIL ACTION --LAW DOCKET NO: 14-6233 Defendants, CERTIFICATE OF SERVICE I, David R. Galloway, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Mechanicsburg, PA, first-class mail, postage pre -paid, addressed as follows. Guy D. Huber 1341 Scenery Drive Mechancisburg, PA 17050 Date: December 16, 2014 Deborah Huber 511 North Main St Athens, PA 18810 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plaint'ff David R. Galloway Attorney 1.D. No. 87326 WALTERS & GALLOWAY, 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 ... -CF THE 1... K 1►l DEC 30 A:i t: 23 PLLC CUM::�;t_I\: n C 0t�';;TY FE :SYL V NIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIG.ER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, Defendants, CIVIL ACTION --LAW DOCKET NO: 14-6233 PLAINTIFFS' PETITION FOR RELEASE OF FUNDS AND NOW, comes Plaintiffs JOHN POTTEIGER and LYNETTE POTTEIGER, by and through their attorneys, WALTERS & GALLOWAY, PLLC, and petition this Court pursuant to Pa. R.C.P.D.J. 1008(B) for the entry of an order to release funds held in escrow and in support represent the following: 1. Plaintiffs John Potteiger and Lynette Potteiger (hereinafter "Landlord") filed a landlord -tenant action for non-payment of rent and possession of real estate against Defendants Deborah Huber and Guy D. Huber (hereinafter "Tenants"). 2. Pursuant to the written lease agreement between the parties, rent was due the ISI day of each month; a copy of the lease agreement is attached hereto as Exhibit "A." 3. On or about October 14, 2014, the Honorable Judge Kathryn H. Silcox, Magisterial District Court 09-3-04, entered judgment in favor of Landlord and against Tenants for $1,605.80 and possession of the rental property. 4. Tenants filed a Notice of Appeal on October 24, 2014, and paid, as unpaid rent, $1,424.50 to the Prothonotary to be held in escrow; a copy of that judgment is attached hereto as Exhibit "B." 5. On or about November 1, 2014, Tenants paid November's rent of $1,295. 6. Tenants failed to pay rent for December 2014, due December 1, 2014. 7. As a result of Tenants failure to pay December's rent, on December 16, 2014, Landlord filed a Praecipe to Strike Appeal and Terminate Supersedeas; a copy of said Praecipe is attached hereto as Exhibit "C." 8. Pursuant to Pa. R.C.P.D.J. 1008(B), this Honorable Court may direct the Prothonotary to release said funds, $2,719.50, from its escrow account to Landlord. WHEREFORE, Landlord requests that this Court issue an order directing the Prothonotary to release $2,719.50 held in escrow to Landlord. Date: December i , 2014 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plainti, f RESIDENTIAL LEASE/RENTAL AGREEMENT This agreement made 22nd day of September 2013 is between John and Lynette Potteiger (hereinafter called management) and Guy D. Huber and Co-signer Deborah Huber (hereinafter called resident) Management leases to resident and resident rents from management, residential unit located at 1341 Scenery Drive Mechanicsburg, PA 17050 Hereinafter called premises), under the following conditions: Term: 1. The initial term of this lease shall be one year beginning October 1, 2013 and ending noon September 30, 2014. Any days of possession in September 2013 Would be $43.17 a day. Ie: If possession is taken September 24 an amount of $302.19 would be due for prorated rent for September 2013. Possession: 2. If there is a delay in delivery of possession by management, rent shall be abated on a daily basis until possession is granted. If possession is not granted with seven (7) days after the beginning day of initial term, then Resident may void this agreement and have full refund of any deposit. Management shall not be liable for damages for delay in possession. Rent: 3. Rent is payable monthly, in advance, at a rate of Twelve hundred Dollars and Ninety Five ($1295.00) Per month, during the term of this agreement on the first of each month at the office of management or at such other place management may designate. Tenant agrees to pay $20.00 for each dishonored check. No money is to be deducted by resident from the rent payments for any reason without written notice from Management. Rent: 4. Time is of the essence of this agreement. If the rent is accepted after the close of the business day, on Penalty: the fifth of each month the rate will be Fourteen Hundred Twenty Four Dollars and fifty cents ($1424.50), any returned check will be considered as unpaid rent and be subject to the penalty. After the 10th of the month an additional $3.00 per day will be added until rent is received. Eviction: 5. If the rent called for in paragraph 3 hereof has not been paid by the fifteenth (15th) of the month, then Management shall automatically and immediately have the right to evict Resident, his family and possessions from the premises. No notice is required by Management to evict resident _ when rent is 30 days past due, locks may be changed, water turned off and possessions remaining in the premises may be immediately sold and revenue applied towards moneys owed, damages and legal costs. Indemnification 13 0 G Deposit: 6. Management acknowledges receipt of Twelve Hundred Ninety Five Dollars ($1295.00),as a deposit to — COSL indemnify owner against damage to the property and for resident's fulfillment of the conditions of this agreement. Deposit will be returned to Resident less a $125.00 carpet cleaning charge , thirty days after residence is vacated if: R13) 3' f, . a) Lease term has expired and a minimum of 30 days written notice has been provided or 1 i agreement has been terminated by both parties; and 101. b) All monies due Management by Resident have been paid; and c) Residence is not damaged and is left in its original condition, normal wear and tear ! /� excepted; and d) Deposit will not be returned if resident leaves before lease time is completed. Deposit may be applied by Management to satisfy all or part of Residents obligations and such act shall not prevent Management from claiming damages in excess of the deposit. Resident may not apply the deposit to any of the rent payment. e) Keys have been returned and a forwarding address left. Resident acknowledges that he had approved and signed the "Residential Rental Property Move In/Move Out Inspection Form" for any existing damages to residence and have been given the right to inspect same. fj Any items left in the premises after vacation or partial vacation may be disposed of by lessor as he sees fit with double the cost of disposal charged as additional rent. g) Utilities must have been kept on and in the tenants name until the expiration of the current term. Deposit 7. Beginning with the third (3rd) year of occupancy, the deposit shall earn interest at the prevailing Interest: passbook rate. Resident agrees to allow interest earned to accumulate in the amount and agrees management will not need to disburse such moneys on a yearly basis. Interest will be disbursed with the return of the deposit and under the same conditions. Renewal 8. It is the intent of both parties that this lease is for a period of twelve months and that the last month's Term: rent will apply only to the last month of the lease period. Should this lease be breached by the Resident, both the last month's rent and the indemnification deposit shall be forfeited as liquidated damages and the Resident will owe through the last day of occupancy. Utilities must be kept on and in tenants name until end of lease term. Early 9. Resident may terminate this agreement before expiration of the original term by: Termination: a) Giving Management at least one month's written notice to be effective only on the last day of a given month; plus b) Paying all monies due through date of termination; (must be included with 30 day written notice to have the notice become effective) plus c) Paying an amount equal to one month's rent payable in full with written 30 day notice (must be included with 30 day notice to become effective; no grace period applies; plus d) Returning residence in a clean, ready to rent condition. e) Resident must pay for advertising and credit checks necessary to rent residence, full charge for carpet cleaning if necessary and change for changing the locks. f) utilities must be kept on and in tenants name until the end of the termination period Sublet: 10. Resident may not sublet residence or assign this lease without written consent of Management. Credit 11. Management having received and reviewed a credit application filled out by Resident, and Application: Management having relied upon the representations and statements made therein as being true and correct, has agreed to enter into this rental agreement with Resident. Resident and Management agree the credit application the Resident filled out when making application to rent said residence is hereby incorporated by reference and made a part of this rental agreement. Resident further agrees if he has falsified any statement on said application, Management has the right to terminate rental agreement immediately, and further agrees in the event Management exercises its option to terminate rental agreement, Resident will remove himself, his family, and possessions from the premises within 24 hours of notification by Management of the termination of this lease. Resident further agrees to indemnify Management for any damages to property of Managements including, but not limited to, the cost of making residence suitable for renting to another Resident, and waives any right of "set-off' for the security deposit and prepaid rent which was forfeited as liquidated damages. Fire 12. If residence becomes uninhabitable by reason of fire, explosion, or by other casualty, Management may, Casualty: at its option terminate rental agreement or repair damage within 30 days. If Management does not do repairs within this time or if building is fully destroyed, the rental agreement hereby created is terminated. If Management elects to repair damages, rent shall be abated and prorated from the date of the fire, Explosion or other casualty to the date of reoccupancy. Providing during repairs Resident has vacated and moved Resident's possessions as required by Management. The date of reoccupacy shall be the date of notice that residence is ready for occupancy. Holdover: 13. Resident shall deliver possession of residence in good order and repair to Management upon termination or expiration of this agreement. Right of 14. Management shall have the right of access to residence for inspection and repair during reasonable Access: hours. In case of emergency, Management may enter at any time to protect life and prevent damage to the property. Management has the right to show the home to perspective tenants upon receipt of lease termination notice. Use: 15. Residence shall be used for residential purposes only and shall be occupied only by the persons names in residents application to lease. The presence of an individual residing on the premises who is not a signator on the rental agreement will be sufficient grounds for termination of this agreement. Residence shall be used so as to comply with all state, county, and municipal laws and ordinances. Resident shall not use residence or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other Residents' quiet enjoyment of their residence. Property 16. Management shall not be liable for damage to Resident's property of any type for any Loss: reason or cause whatsoever, except where such is due to Management's gross negligence. Resident acknowledges that he is responsible for obtaining any desired insurance for fire, theft, liability, etc. on personal possessions, family, and guests. Resident acknowledges that they have been advised of their obligation to obtain insurance. Resident shall obtain a Renters insurance policy to cover damage to or loss of Resident's own possessions, as well as losses resulting from Resident's negligence Pets: 17. Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any time unless the prior written approval of Management has been obtained. Any animal found at the premises will be removed by management without advanced notice. This includes visiting pets... Indemnification: 18. Resident releases Management from liability for and agrees to indemnify Managements against losses incurred by Management as a result of (a) Resident's failure to fulfill any condition of this agreement; (b) any damage or injury happening in or about residence or premises to Resident's invitees or licensees or such person's property; ©) Resident's failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against residence as a result of Resident's action. Failure of 19. Failure of Management to insist upon compliance with the terms of this agreement shall not Management constitute a waiver of any violation. Act: Remedies 20. All remedies under this agreement or by law or equity shall be cumulative. If a suit for any Cumulive breach of this agreement established a breach by Resident, Resident shall pay to Management .all expenses incurred in connection therewith. Notices: 21. Any notices required by this agreement shall be in writing and shall be delivered personally or mailed by registered or certified mail. Repairs: 22. Management will make necessary repairs to the exterior with reasonable promptness after receipt of written notice from Resident. Resident shall make necessary repairs to interior and keep premises in a safe, clean, and sanitary condition. Resident shall make contact with all repair or service people. Resident may not remodel or paint or structurally change, nor remove any fixture therefrom without written permission from Management. Tenant shall be responsible for clogged toilets and traps with lessor responsible for clogged main sewer line with normal sludge build up only. Any improvements made to the property by the resident will be at the residents own expense and must remain with the property upon vacation of resident without further compensation unless other arrangements are made in writing by all parties concerned. If the Residents runs out of propane they will be responsible for any costs for work that is required to get the Furnace running again. Minimum billing would be $50.00 Abandonment: 23. If Resident removes or attempts to remove property from the premises other than in the usual course of continuing occupancy, without having first paid Management all monies due, residence may be considered abandoned, and Management shall have the right without notice, to store or dispose of any property remaining on the premises after the termination of this agreement. Any such property shall be considered Management's property and title shall vest in Management. Mortgagee's 24. Resident's rights under this lease shall at all times be automatically junior and subject Rights: to any deed to secure debt which is now or shall hereafter be placed on premises of which residence is part; if requested, Resident shall execute promptly any certificate that Management may request to specifically implement the subordination of this paragraph. Rules and 25. a) Signs: Resident shall not display any signs, exterior lights, or markings. No awnings or other Regulations: projections shall be attached to the outside of the building b) Locks: Resident is prohibited from adding locks to, changing, or in any way altering locks installed on the doors. All keys must be returned to Management of the premises upon termination of the occupancy. c) Entrances, walks, lawns, and driveways shall not be obstructed or used for any purpose other than ingress and egress. d) Radio or television aerials shall not be placed or erected on the roof or exterior. e) Parking: Non-operative vehicles are not permitted on premises. Any such non-operative vehicle may be moved by Management at the expense of Resident owning same, for storage or public or private sale, at Management's option and Resident owning same shall have no right of recourse against Management therefor. f) Storage: No goods or materials of any kind or description which are combustible or would increase fire risk or shall in any way increase the fire insurance rate with respect to the premises or any law or '30 2013 12:13 15708872904 0fO0/eu10 u1,04 rI(. jjQ(0 CLINIC OBGYN PAGE 01. Ell SIIPFR N NORTH I QO4/005 regulation, may he taken or placed in a storage arm' or the residence heel{', Storage in all ouch piece's shall be at Resident's risk and Management abed not be responsible for any loss or dantae{e, g) Waite: No nails, sorews or adhesive hangers except standard picture hooka, nhnde brackets, and curtain rods brn,ekets may be planed in walls, woodwork, or any part of residence. h) Guest: Resident shall be responsible and liable for the conduct of hls quests. Act of guests in violation of this agreement or Management's rules and regulations may be deemed by Management to be a breach, by Resident. No guest may stay longer than 10 drys without permission of Management; otherwise a $10 per day guest charge will be due Management. I) Noisier All radios, television sea, phonographs, etc. mutt he turned dawn to n Ievet of sound that does not annoy or interfere with neighbors. j) Resident shall maintain the yard and is responsible far snow removal . A $50,00 charge per event will be applied for non-compliance k) Residers:', guide: Management reserves the right to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above, as M nagement shall, in its judgment, determine to be necessary for the safety, pare, and eleentiness of the proriniees, for the preservation of good order or for the comfort or benefit of Residents generally. 1) Resident is responsible for maintaining working amok: detectors at all rimee Condition 26, The dwelling and all the furnishings and appliances therein are accepted its in good condition, provided, however that If Resident shall find anything not in good condition, or that the inventory on the tnovein/out form is incorrect in any way, a written statement of any objections shall be delivered to Mgt eetetnent within three: (3) days after taking possession, otherwise it will be presumed Inventory and condition of property tau correct and acceptable. Lessor's Aisclesurot (cheek ono below) Presence al' lend based point hazards Known lead based paint and/or lead paint hazards are present in the housing (explain) X Lcasor has no knowledge of lead based paint and/or lead bnsecl palm herds ill the housing (check one below) Records and reports available to tate Leeson I.e sor has provided the lemma with all available records and reports pertaining to lead based paint and/or load based paint hazards in the housing .Lessor has no report or records pertaining to lead brined palm tand.'or lead based paint hazards in the housing Lessee's acknowledgment (initial) _ Lcsroe has received copies of all inforrnn.tinn listed above 24_ LcsGec has received the pamphlet "Protect Your Family from Lend in your Home'' Entire 27. This agreement rind any attached addendum oon titute the entire agreement between the parties and no Agreement: oral statements shall be binding. It is the intention of the parties herein that Vary prat, Of this agreement is invalid, for any reason, such invalidity shall not void the remainder of the rental agreement. IN WITNESS WHEREOF, the parties hereto have caused these preeents to be signed/in person the day and year first above written. /Jn Number of residents residing within 1:42, ait(o /4 ynotte F. Fie edger Utilities 1341 Scenery Drive Mechanicsburg, PA 17050 Electric Water Trash/sewer P P And L 1-800-342-5775 PA American. 1-800-565-7292 Paid by landlord Propane Company - After checking around we found Koppy's Propane Inc, - 1-800-922-7934 to be the least expensive but you may use the company of your choice. Phone company 1-800-660-2215 Rents are due by the first of the month. Avoid the 10% late penalty applied after the 5th of the month Send checks to: John and Lynn Potteiger 76 Silver Crown Drive Mechanicsburg, PA 17050-1638 Phone 766-7439 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cwiibe,'tnd NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No./V` Q 233 aUfe_ NOTICE OF APPEAL i/M 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 tie case'referenced below. Annmc''yyAAAA�PPELLA NAME F414 c►n'e oeJ ILL ���+' _jj54&o QA{{����,,,jjyyl\\0 pp■■�� �MEOFM •' •A'k ii. �C ( JIo rnnc 1 o- u •A • DOCKE i D ME� 1 ,g 1 THE C OF i. o,,.yc, v•S �' S GNATU is :lock will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy OF APPELLANT OR AT 0 If appellan was Cla":nt (see Pa. R.C.P.D.J. No. 1001(6) in action c OR AGENT 4,..; 6, before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT'(se Pa.R.C.P.D.J. No. 1001(7) in action before MagisterialDistrict Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon—S.: Name of aappp l sJ appellee(s), ti file a complaint in this appeal (Common Pleas No./11- — 6,233 e1 U!C ) within twenty (20) days after service •f rule I e try of judgment of non pros. RULE: To ' N.4RA , appellee(s) Nal a of appellees 0 (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. Sb� ure of appellant or attorney or agent (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 Dat`:(ga i 20 /9 ___iiiiii_ -czapee_, Signature of Prothonotary or Deputy YOU.MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. WCCasc/Ise SD pd SW/ - Cog 6 Wt a/ -2d 3 AOPC 312-Q5. p.eitf pcovi.;,/ V1NVAlASNN3d A1Nl00 ONb12f8Wl3 Pi :2 Wd fI2 !OO'HOZ ) :a vi0NOFI1OH Jul _a, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of JudgmentlTranscript Residential Lease Mag. Dist. No: MDJ Name: Address: Telephone: MDJ-09-3-04 Honorable Kathryn H. Silcox 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 717-697-2201 Guy D. Huber 1341 Scenery Dr Mechanicsburg, PA 17050 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction Disposition Summary (cc - Cross Complaint) Docket No • Plaintiff • Defendant MJ -09304 -LT -0000135-2014 John & Lynette Potteiger Guy D. Huber John & Lynette Potteiger. Deborah Huber Judgment Summary Participant Deborah Huber Guy D. Huber John & Lynette Potteiger John & Lynette Potteiger- v. otteigerv Guy D. Huber, Deborah Huber Docket No: MJ -09304 -LT -0000135-2014 Case Filed: 10/6/2014 Joint/Several Liability $1,605.80 $1,605.80 $0.00 Judgment Finding (`Post Judgment) In the matter of John & Lynette Potteiger vs. Guy D. Huber; Deborah Huber on judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is 81,295.00 Judgment Component 'Joint/Several Liability Individual Liability Filing Fees $127.50 $0,00 Costs $14.00 $0.00 Server Fees $39.80 $0.00 Rent in Arrears $1,424.50. $0.00 Individual Liability $0.00 $0.00 $0.00 Disposition. Judgment for Plaintiff Judgment for Plaintiff MJ -09304 -LT -0000135-201 Deposit Applied Grand Total: Portion of judgment for physical damages arising out of residential lease: • Disposition Date .10/14/2014, 10/14/2014 • Amount $1,605.80 $1,605.80 $0.00 4, on 10/14/2014 the Amount $127.50 $14.00 $39.80 $1,424.50 $1.,605.80 $0.00 MDJS315A Page 1 of 3. Printed: 10/14/2014 11:56:02AM John & Lynette Potteiger v. Guy D. Huber, Deborah Huber • • .Docket No.: MJ -09304 -LT -0000135-2014 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; F ANY. • IN ORDER TO -OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE *LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR.. SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FAR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. . THE PARTY FILING AN APPEAL MUST INCLUDE A COPY,OF THIS NOTICE OF 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 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 JUDGMENTDEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITHTHE JUDG;v1ENT: • :.• . • • •: • • - '• 4! - • .".' Date The Honorable Silcox I certify that this is a true and correct copy of the record of -the proceedings contai ing the Tudgrnent. Date Magisterial District Jud e • MDJS315A Page 2 of 3 • Printed: 10/14/2014 11:56:02AM John & Lynette Potteiger V. 'Guy D. Huber; Deborah Huber Docket No.: MJ=09304-LT-0000 5-201.4 Plaititiff(s) Satin &.Lynette Potteiger 76 Silver. Crown Dr: ' Mechanicsburg, PA • 17050. Defendantjs) Deborah Huber •:5,9.1 •North Maih: Street . Athens,: PA 18810 :. Guy P, :Huber 1341 Scenery Dr Mechanicsburg, PA 17050 Pa'3'of-'3 Printed: 10/14/2014 11:56:02AM g� `1LED-OFFICE OF THE PROTNONO TA R `r 2014 NOV —3 PH 1: 28 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL.AND RULE TO FILE COMPLAINT (This proof of service MUST SE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) . COMMONWEALTH OF PENNSYLVARIIA COUNTY 0 mbeAta ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas'�lo , ton the Maisteriai District Judge designated therein on ((late of service)1 1, 294#0,_by persopallsservice `� by (certified) (registered) mail, sender's receipt attached hereto, and u n the appellee, r di ) 20 )11 ❑by personal service sender's receipt attached hereto. (SWORNI (AFFIRMED) AND SUBSQRIBED BEFORE ME THIS DAY 0FNOy- 20 /y hiejC official be re w affidavit was Sign t$1'o made • Title of official Po My commission expires on . 20 Prothonotary, Cumberland County, Cartiste, PA My Commission Expires the first Monday of Jan. 2018 AOPC 312A - 05 ra u1 ;Q' , on ) (registered) mail, Sign 'ant U.S. Postal Service- CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.comi0. iu'.Niia '. h'A F'ry •':l I1 n n n .m ... Postage Certified Fee Return (Endorsome UI) 16 Restricted Wary Fee (Endorseme Required) Total Postage & Fees Postmark Mare 11/03/2014 Street iApt. No., or PO Box No. City, State, Z/P+4 PS Form 3800, July 2014 See Reverse for lnstructions David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 •,'4l ��-LSI THE i- R0THO; 2J1' DEC 16 PH 1:39 PLLZM.3EF LAND CCLflfl Y PENNSYLVANIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, Defendants, CIVIL ACTION --LAW DOCKET NO: 14-6233 PRAECIPE TO STRIKE APPEAL AND TERMINATE SUPERSEDEAS TO THE PROTHONOTARY: Please strike the appeal and terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Pa.R.C.P.M.D.J. No. 1008 when it became due. Date: December 16, 2014 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plain 'ff Upon confirmation of failure of the appellant to deposit the monthly rent when it became due, the supersedeas is terminated. Date: /2/g/// By: Prothonotary TRUE COPY FROM RECORD In Te;,timony whereof, I here unt and the seal of saki C , i o set my Land rt at Carlisle, Pa This -. /6' da 20 / of p prothonotary ef-erc) ,A0> David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, Defendants, ) ) ) CIVIL ACTION --LAW DOCKET NO: 14-6233 CERTIFICATE OF SERVICE 1, David R. Galloway, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Mechanicsburg, PA, first-class mail, postage pre -paid, addressed as follows. Guy D. Huber 1341 Scenery Drive Mechancisburg, PA 17050 Date: December 16, 2014 Deborah Huber 511 North Main St Athens, PA 18810 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plaintiff David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, CIVIL ACTION --LAW DOCKET NO: .14-6233 Defendants, CERTIFICATE OF SERVICE I, David R. Galloway, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Mechanicsburg, PA, first-class mail, postage pre- paid, addressed as follows: Date: December , 2014 Ms. Deborah Huber 511 North Main St Athens, .PA 18810 Mr. Guy D. Huber 1341 Scenery Drive Mechancisburg, PA 17050 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: -David R. Gallowa Counsel for Ptah iff • 215 JAN! -6 j1Gi10:S1 CUMBERLAND LAND cO T 1 1 JOHN POTTEIGER and PENNSYLVANIA LYNETTE POTTEIGER, Plaintiffs v. DEBORAH HUBER and GUY D. HUBER, Defendants Couto of €ttnberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-6233 CIVIL TERM IN RE: PETITION TO RELEASE FUNDS ORDER OF COURT AND NOW, this 6th day of January 2015, upon consideration of Plaintiffs' Motion to Release Funds, a RULE is issued upon Defendants to show cause as to why the requested relief should not be granted. PLAINTIFFS shall effectuate service of this Order of Court upon Defendants and shall file proof of service. Defendants SHALL include a proposed Order with any response. The Prothonotary is DIRECTED to deliver the file upon the filing of any response to this Order with the Court. RULE RETURNABLE twenty (20) days from the date of service. Thomas A. acey C.P.J. ribution List: id R. Galloway, Esq. orah Huber uy D. Huber David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 2015 AN -8 PM 2: 15 CUMBERLAND CGETY PENNSYLVANIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN POTTEIGER and, LYNETTE POTTEIGER, v. DEBORAH HUBER and GUY D. HUBER, Plaintiffs, CIVIL ACTION --LAW DOCKET NO: 14-6233 Defendants. CERTIFICATE OF SERVICE 1, David R. Galloway, hereby certify that a copy of the Order of Court dated January 6, 2015 was served this date by depositing same in the Post Office at Mechanicsburg, PA, first- class mail, postage pre -paid, addressed as follows. Mr. Guy D. Huber 1341 Scenery Drive Mechanicsburg, PA 17050 Date: January 8, 2015 Ms. Deborah Huber 511 North Main St Athens, PA 18810 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Gallow Counsel for Plai ftiff