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HomeMy WebLinkAbout05-2151TONYA MARIE KINSLER Plaintiff Vs. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLV :CIVILACTION -REPLEVIN d :CIVIL TERM 05- )/S/ LU?-f NOTICE You have been sued in court. If you wish to defend against the claims set forth the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth again 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 mone; claimed in the complaint or for any other claim or relief requested by the plaintiff. Yol may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YC DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTE BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BI ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR N FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA (717) 249-3166 TONYA MARIE KINSLER : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLV Vs. :CIVIL ACTION - REPLEVIN PINO BASSILLE, d/b/a :CIVIL TERM 05 PINO'S PIZZA SHOP, Defendant COMPLAINT And Now, comes the Plaintiff, Tonya Marie Kinsler, by and through her MidPenn Legal Services and Geoffrey M. Biringer, who sets forth as follows: 1. Plaintiff is Tonya Marie Kinsler, an individual who resides at 219 Farm Newville, Cumberland County, Pennsylvania, 17043. 2. Defendant is Pino Bassille d/b/a Pino's Pizza Shop, 1 East Main Street, Newville, Cumberland County, Pennsylvania 17043. 3. On January 14, 2005, Plaintiff moved into a property located at 3 North Street, Newville, PA with Charles Miller and their son, Brian Miller 4. Said property was owned by the Defendant Pino Brassille. Plaintiff never received a copy of the lease but paid Four Hundred Fifty Dollars ($450) per month rent. 6. Plaintiff advised the Defendant that the security deposit would not be paid, would further rent be tendered, until repairs were made to the leased premises. 7. These needed repairs centered on the lack of electric service for one-half apartment, as well as insufficient heat in all of the apartment. 8. Defendant's response to Plaintiff's request for repairs and withholding of was to shut off the water service to the premises. 9. Plaintiff contacted the Newville Police Department and the water was the next day. 10. On February 14, 2005 Plaintiff realized that certain items of personal were missing, and three of her tires were slashed. .r 11. Plaintiff believes and therefore avers that the shutting off of her water, the of items of personal property, and the slashing of her tires were the work of the Defendant, Pino Brassille. 12, Due to her fear concerning the above-mentioned incidents, Plaintiff stayed with her Mother until February 22, 2005. 13. When she returned to the leased premises on February 22, Plaintiff discovered that all of her personal property was missing, and that she had been evicted without due process of law. 14. Subsequently, Plaintiff recovered some of her property from the dump, some property from David and Jeremy Cox, hired by Defendant to remove the propel and, at the urging of the Newville Police, some property from the Defendant himself. 15. None of this property was removed pursuant to any Court Order or permission from the Plaintiff. 16. Plaintiff has not recovered much of her personal property and does not knc their whereabouts. These items of personalty and their values are set out in Plaintiff's Exhibit "1" and have a total value of One Thousand Eight Hundred Nineteen Dollars ($1819.00). 17. Defendant's taking of Plaintiff s possessions, holding Plaintiff's possessions, and destroying Plaintiff's possessions, all without due process of law, is illegal, and Defendant has no right, title, or interest in Plaintiff's possessions. WHEREFORE, Plaintiff prays that this Court Order that Plaintiffs possessio be returned to her from the Defendant or that, if unavailable, Plaintiff be awarded judgment in the total amount of One Thousand Eight Hundred Nineteen Dollars ($181 said amount being within the amount subject to compulsory arbitration. t? Geoffrey M. Biiinger, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. I.D.#18040 6 ?t5 pit -igc?bc?k_?vit mss ?nsct -loo Eu?? Cnb1a?}rte,; $L? ? mind l?? tLilr?ed?l G a? a ?P1C ?-_ ? ice\es?> _ dcrk f Q_ d Lack A q --year-ko-Cl- - ?O'Du ._ • _k 9 I ?ti?C?t C??sl CtXI? Qi t1C? ??? `CCU C.o\cqv l Nc?L?\ ?cc ;u Crs?? hc?? ??0 ? lec h)c apt=r?e?- l clco?u ololhe) no is E? VERIFICATION Tonya Marie Kinsler, Plaintiff, verifies that the statements made in the above are true and correct. Plaintiff understands that false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: -7 4 OA :? Tonya rie Kinsler, F? ? Q 6f? ? ?? " pJ ?SZT C?L? C IZZI" TONYA MARIE KINSLER, Plaintiff V. PINO BASSILE, d/b/a PINO'S PIZZA SHOP, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLV :No. OS- /S"( CIVIL TERM CIVIL ACTION-REPLEVIN PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Tonya Marie Kinsler, Plaintiff, to proceed in forma I, Geoffrey M. Biringer, attorney for the party proceeding in forma certify that I believe the party is unable to pay the costs and that I am legal services to the party. MIDPENN LEGAL SERVICES BY: . /, Geoffrey M. Biringer, Attorney for 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 free ? ri 7C7 ??m SHERIFF'S RETURN - REGULAR CASE NO: 2005-02151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LER TONYA MARIE VS BASSILLE PINO DBA PINO'S PIZZA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BASSILE PINO DBA PINO'S PI the DEFENDANT , at 1119:00 HOURS, on the 27th day of April , 2005 at 1 EAST MAIN STREET NEWVILLE by handing to MARIE BASSILLE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.88 Affidavit .00 Surcharge 10.00 .00 36.88 Sworn and Subscribed to before me this 3 cc? day of ?2u-u ;?-i9/7 <n 1 A. D. Prot onotary So Answers: r ' R. Thomas Kline 00/00/0000 GEOFFREY BIRINGER By: Deputy S 73xtt To: Plaintiff TONYA MARIE KINSLER, Plaintiff V. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. By: IN THE CU T OF COMM N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW REPLEVIN NO. 05-2151 ANSWER WITH NEW MATTER AND COUNTERCLAIM OF DEFENDANT PING BASSILLE lsicl, d/b/a PINO'S PIZZA SHOP Answering Defendant, Guiseppe Pino Basile, improperly designated as Pino Bassille, d/b/a Pino's Pizza Shop, (hereinafter "Answering Defendant"), by and through his attorney, John J. Mangan, hereby files his Answer with New Matter and Counterclaim to the Complaint of Tonya Marie Kinsler, (hereinafter "Plaintiff') and in support thereof avers as follows: 1. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 2. Denied. It is denied that the proper defendant in this action is "Pino Bassille d/b/a Pino's Pizza Shop, 1 East Main Street, Newville, Cumberland County, Pennsylvania 17043"; rather, Giuseppe Pino Basile is an adult individual residing at 1 East Main Street, Newville, Cumberland County, Pennsylvania 17043. 3. Admitted. By way of further response, a lease agreement for said property was dated January 15, 2005 and executed by the Plaintiff on January 27, 2005. A true and correct copy of the lease is attached hereto as Exhibit A. 4. Denied. It is specifically denied that "said property was owned by the Defendant Pino Brassille". 5. Denied. It is specifically denied that "Plaintiff never received a copy of the lease but paid Four Hundred Fifty Dollars ($45) per month rent." and strict proof thereof is demanded at the time of trial. By way of further response, Plaintiff never paid Answering Defendant any rent and the $450.00 security deposit was supplied by a third party. 6. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. To the extent that a responsive pleading may be deemed required by the Court, Answering Defendant denies that any repairs were necessary for the leased premises and in fact Answering Defendant had a representative of the Newville code enforcement to come to the subject premises and no violations/repairs were deemed necessary. 7. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. To the extent that a responsive pleading may be deemed required by the Court, Answering Defendant denies that there were any needed repairs regarding the electric service or heating service, and in fact Answering Defendant had a representative of the Newville code enforcement to come to the subject premises and no violations/repairs were deemed necessary. 8. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. 9. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 11. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. To the extent that a responsive pleading may be deemed required by the Court, Answering Defendant denies that "the shutting off of her water, the loss of items of personal property, and the slashing of her tires were the work of the Defendant, Pino Brassille." 12. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. By way of further response, the averments in this paragraph regarding being evicted without due process of law are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. 14. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 15. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. 16. Denied. After reasonable investigation, defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. 17. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied. To the extent that a responsive pleading may be deemed required by the Court, Answering Defendant denies that "Defendant's taking of Plaintiff s possessions, holding Plaintiff's possessions, and destroying Plaintiffs possessions, all without due process of law, is illegal, and the Defendant has no right, title, or interest in Plaintiffs possessions." WHEREFORE, Answering Defendant demands that Plaintiff s Complaint be dismissed and that judgment be entered in his favor, together with reasonable counsel fees and costs. NEW MATTER 18. Answering Defendant hereby incorporates his responses to paragraphs 1 through 17 of the Complaint as fully as if the same were set forth at length herein. 19. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 20. Plaintiffs' claims based upon contract, if any, are unenforceable and barred as a result of the failure of, or lack of, consideration. 21. Plaintiff had abandoned the subject premises. 22. Pursuant to the lease agreement paragraph 20, attached hereto as Exhibit 1, Plaintiff never paid any rent and was absent from the premises for more than one month; therefore Answering Defendant pursued his remedies pursuant to the lease agreement and Pennsylvania law. 23. As evidence of Answering Defendant's belief that Plaintiff abandoned the subject premises, attached hereto as Exhibit 2 are pictures when Answering Defendant re-took the subject premises as provided under applicable Pennsylvania law. 24. Plaintiffs' claims are barred by application of the doctrines of waiver and/or estoppel. 25. Plaintiffs' claims are barred and/or substantially reduced by virtue of any releases or settlements that have been or will be agreed to be executed. WHEREFORE, Answering Defendant demands that Plaintiff's Complaint be dismissed and that judgment be entered in his favor, together with reasonable counsel fees and costs. COUNTERCLAIM 26. Answering Defendant hereby incorporates his responses to paragraphs 1 through 25 of the Complaint as fully as if the same were set forth at length herein. 27. Plaintiff was required to pay Answering Defendant $450.00 per month pursuant to the lease agreement attached hereto as "Exhibit A". 28. Plaintiff never paid any rent for three months. 29. Plaintiff breached the lease agreement and owes Answering Defendant $1,350.00 for the three months until the point Answering Defendant reclaimed his property. 30. The $450.00 that a third party supplied as a security deposit has been used for necessary repairs for damage caused by Plaintiff to the subject premises. 31. Answering Defendant has performed all obligations pursuant to the lease agreement. WHEREFORE, Answering Defendant respectfully requests that judgment be entered in his behalf and against Plaintiffs in the amount of $1,350.00 and such relief as the Court deems just and proper. Date: S Respe 1 submitted, Jo J. anan A o ey for Answering efendant Attorney I.D. #87000 35 East High Street Suite 204 Carlisle, PA. 17013 717-241-2446 TONYA MARIE KINSLER, Plaintiff V. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW REPLEVIN NO. 05-2151 CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this day of May, 2005, I caused a true and correct copy of the foregoing Answer with New Matter and Counterclaim on behalf of the Answering Defendant, to be served upon the following persons by hand delivery: Geoffrey M. Biringer, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Verification I, Giuseppe Pino Basile, hereby state that I am authorized to make this verification on behalf of Answering Defendant. I further verify that the facts contained within the foregoing Answer with New Matter and Counterclaim to the Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ?r' - ` v? usepp Pino Basile PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT This Residential Lease Agreement (hereinafter "Lease") is entered into this theLS day of I , 2005 by and between the Lessor, (hereinafter referred to as "Landlord"), and the Lessee(s):. All Lessees (hereinafter referred to collectively as "Tenant"), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows: 1. GRANT OF LEASE: Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other rises, the personal residence located in Cumberland, County, Pennsylvania, with address o 'S1 36NI-h Hi(A6 _ including the following items of personal property: 2. NATURE OF OCCUPANCY: As a special consideration and inducement for the granting of this lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant's family or others whose names and ages are set forth below: 5 5 . t* C Grl C) wlI IIPer 189 W) 72$5 TOt)VQ 14, iltslPr 209 (4 X35 Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Deliver of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant. Any landlord who fails to provide a written list within thirty days as required above, shall forfeit all rights to withhold any portion of sums held in escrow or to bring suit against the tenant for damages to the leasehold premises. Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. 3. TERM OF LEASE: This Lease shall commence on the 15 day of I , 20011 and extend until its expiration on the day of unless renewed or extended pursuant to the terms herein- 4. SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall deposit the sum of $ 45u.0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the teased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant's security deposit to the new owner or assignee to hold under this lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. In compliance with Pennsylvania Code § 250.512: 5. RENT PAYMENTS: Tenant agrees to pay rent unto the Landlord during the term of this Lease in equal monthly installments of $450.00, said installment for each month being due and payable on or before the 1 st day of the month. Tenant agrees that if rent is not paid in full on or before the 30th day of the month, Tenant will pay a late charge of $2.00 per day, as allowed by applicable Pennsylvania law. The prorated rent from the commencement of this Lease to the first day of the following month is N/A, which amount shall be paid at the execution of this Lease. Tenant agrees that rent shall be paid in lawful money of the United States by (indicate those that apply): V ] cash, [ ] personal check, [?] money order, [ ] cashier's check, [ ] other Rent payments shall be made payable to and mailed or delivered to the following address: 3 C b[oin'j{- OcivUil1Q . All notices from Tenant to Landlord under this Lease and applicable Pennsylvania law shall be Residential Lease Agreement. Paae 1 e 4 delivered to the above address. Tenant agrees that rent monies will not be considered paid until Landlord or Landlord's agent receives the rent monies, either by mail or by delivery to the above address. Tenant placing rent monies in the mail is not sufficient for rent to be considered paid, and rent will be considered unpaid until actual receipt thereof. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants. 6. CONSEQUENSES OF BREACH BY TENANT: If Tenant, by any act or omission, or by the act or omission of any of Tenant's family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person). In compliance with Pennsylvania Code § 250.501: A landlord may notify, in writing, the tenant to remove from the leased premises at the expiration of the time specified in the notice under the following circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due. In case of the expiration of a tern or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days (for a mobile home, thirty days) from the date of service thereof, and when the lease is for more than one year, then within thirty days (for a mobile home, three months) from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice, if given on or alter April first and before September first, shall specify that the tenant shall remove within fifteen days from the date of the service thereof, and if given on or after September fast and before April first, then within thirty days from the date of the service thereof. The owner of a mobile home park shall not be entitled to recovery of the mobile home space upon the termination of a lease with a resident regardless of the term of the lease if the resident: Lis complying with the rules of the mobile home park; and 2.1s paying the rent due; and 3.desires to continue living in the mobile home park The only basis for the recovery of a mobile home space by an owner of a mobile home park shall be: I.When a resident is legally evicted as provided under section 3 of the "Mobile Home Park Rights Act." 2.When the owner and resident mutually agree in writing to the termination of a lease. 3.At the expiration of a lease, if the resident determines that he no longer desires to reside in the park and so notifies the owner in writing. Tenant expressly agrees and understands that upon Landlord's termination of this Lease, the entire remaining balance of unpaid rent for the remaining term of this Lease shall ACCELERATE, whereby the entire sum shall become immediately due, payable, and collectable. Landlord may hold the portion of Tenant's security deposit remaining after reasonable cleaning and repairs as a partial offset to satisfaction of the accelerated rent. 7. DELIVERY OF NOTICES: Any giving of notice under this Lease or applicable Pennsylvania law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by landlord or Landlord's agent. Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant's last known post office address, or hand delivered, or placed in Tenant's mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all. 8. UTILITIES: Tenant will provide and pay for the following utilities (indicate those that apply): [r/]`Electric, Ems] Gas, [:?] Telephone, [? ] Cable Television, [ ] Water, [ ] Garbage pick-up. Landlord will provide and pay for the following utilities (indicate those that apply): [ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [Water, [Li]'?Garbage pick-up. Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any Residential Lease Agreement. Paue 2 utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease. 9. NOTICE OF INTENT TO SURRENDER: Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant's intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Pennsylvania law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of landlord and Tenant. If Tenant becomes a month-to-month tenant in the manner described above, Tenant most give a thirty (30) day written notice to the Landlord of Tenant's intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Pennsylvania law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice. 10. OBLIGATIONS AND DUTIES OF LANDLORD: As per Pennsylvania Code § §250.502-A: The retention of control of the stairways, passages, roadways and other common facilities of a tenement building or multiple dwelling premises places upon the landlord, or other possessor, the duty of reasonable care for safety in use. This responsibility of the landlord extends not alone to the individual tenant, but also to his family, servants and employees, business visitors, social guests, and the like. Those who enter in the right of the tenant, even though under his mere license, make a permissible use of the premises for which the common ways and facilities are provided. 11. OBLIGATIONS AND DUTIES OF TENANT: As per Pennsylvania Code § 250.503-A: The tenant shall comply with all obligations imposed upon tenants by applicable provisions of all municipal, cowry and Commonwealth codes, regulations, ordinances, and statutes, and in particular, shall: LNot permit any person on the premises with his permission to willfully or wantonly destroy, deface, damage, impair, or remove any part of the stricture or dwelling unit, or the facilities, equipment, or appurtenances thereto or used in common, nor himself do any such thing. 2.Not permit any person on the premises with his permission to willfully or wantonly disturb the peaceful enjoyment of the premises by other tenants and neighbors. 12. NO ASSIGNMENT: Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord. 13. TENANT INSURANCE: Landlord shall not be liable to Tenant, Tenant's family or Tenant's invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord's agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, 'tenant's family, Tenant's invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages. ld. CONDITION OF LEASED PREMISES: Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord's agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Pennsylvania law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant's family or Tenant's invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month's rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted. Tenant shall have the right to remove from the premises Tenant's fixtures placed thereon by Tenant at his expense, provided, however, that Tenant in effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition of Tenant's fixture. Failing this, Tenant shall be obligated to pay for repairs as stated above. 15. ALTERATIONS: Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent Residential Lease Aareement. Pane 3 of Landlord. Any of the above-described work shall become part of the dwelling. If carried out by independent contractors, said contractors must be approved by Landlord. Tenant shall not contract for work to be done without first placing monies sufficient to satisfy the contract price in an escrow account approved by Landlord. All work shall be done at such times and in such manner as Landlord may designate. If a construction or mechanic's lien is placed on the leased premises as a result of the work, such shall be satisfied by Tenant within ten (10) days thereafter at Tenant's sole expense. Tenant shall be considered in breach of this Lease upon failure to satisfy said lien. 16. NO ILLEGAL USE: Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to he carried out upon the leased premises or in any common area. Upon obtaining actual knowledge of any illegal acts or omissions upon the leased premises, Tenant agrees to immediately inform Landlord and the appropriate authorities. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant's family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant. 17. NOTICE OF INJURIES: In the event of any significant injury or damage to Tenant, Tenant's family, or Tenant's invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease. 18. LANDLORD'S RIGHT TO MORTGAGE: Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any docurnent(s) related to the landlord's right to subject the premises to a mortgage or other lien. 1% DELAY IN REPAIRS: Tenant agrees that if any repairs to be made by Landlord are delayed by reasons beyond Landlords control, there shall be no effect on the obligations of Tenant under this Lease. 20. ABANDONMENT: Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid- whereupon Tenant will be considered in breach of this Lease. This definition is subordinate to, and shall not in any way impair, the rights and remedies of Landlord under this Lease or applicable Pennsylvania law, except that in case of abandonment, Landlord or Landlord's agents may immediately or any time thereafter enter and re-take the leased premises as provided by applicable Pennsylvania law, and terminate this Lease without notice to Tenant. 21. NOTICE OF ABSENCE FROM PREMISES: If Tenant is to be absent from the leased premises for seven (7) or more consecutive days, written notice of such should be served upon Landlord. If such absences are to be customary or frequent, the expected frequency and duration of absence should be summarily noted here: Tenant expressly agrees and understands that absence from the premises, with or without notice, in no way obviates the requirement to pay rent and other monies as stated herein, or the consequences of failure to timely pay same. 22. POSSESSION OF PREMISES: Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month's rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant. 23. DELAY OF POSSESSION: Tenant expressly agrees that if by reason of the premises being unready for occupancy, or by reason of the previous tenant or occupant of the dwelling holding over, or as a result of any other cause whatsoever, Tenant is unable to enter and occupy the premises, Landlord shall not be liable to Tenant in damages, but shall abate the rent for the period in which the Tenant is unable to occupy the premises. 24. MATERIALITY OF APPLICATION TO RENT: All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease. 25. MODIFICATION OF THIS LEASE: Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord's authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect. Residential Lease Aareement. Paae 4 26. REMEDIES NOT EXCLUSIVE: The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Pennsylvania law. 27. SEVERABILITY: If any provision herein, or any portion thereof, is rendered invalid by operation of law, judgment, or court order, the remaining provisions and/or portions of provisions shall remain valid and enforceable and shall be construed to so remain. 28. NO WAIVER: The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a patter of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease. 29. ATTORNEY FEES: In the event that Landlord employees an attorney to collect any rents or other charges due hereunder by Tenant or to enforce any of Tenanfs covenants herein or to protect the interest of the Landlord hereunder, Tenant agrees to pay a reasonable attorney's fee and all expenses and costs incurred thereby. 30. HEIRS AND ASSIGNS: It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term hereof. 31. DESTRUCTION OF PREMISES: In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, then this Lease shall cease and terminate as of the date of such destruction, and the rent shall then be accounted for between landlord and Tenant up to the time of such damage or destruction of said premises as if being prorated as of that date. In the event the leased premises are damaged by fire, windstorm or other cause beyond the control of Landlord so as to tender the same partially untenable, but repairable within a reasonable time, then this lease shall remain in force and effect and the Landlord shall, within said reasonable time, restore said premises to substantially the condition the premises were in prior to said damage, and there shall be an abatement in rent in proportion to the relationship the damaged portion of the leased premises bears to the whole of said premises. 32. EMINENT DOMAIN: In the event that the leased premises shall be taken by eminent domain, the rent shall be prorated to the date of taking and this Lease shall terminate on that date. 33. LANDLORD ENTRY AND LIEN: In addition to the rights provided by applicable Pennsylvania law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premised or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency. Furthermore, Landlord retains a Landlord's Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the leased premises. 34. GOVERNING LAW: This Lease is governed by the statutory and case law of the State of Pennsylvania. 35. ADDITIONAL PROVISIONS: provided by landlord are: and Tenant is responsible for snow removal from sidewalk and walkways around the property. sssssssszssssssssssssss Residential Lease Aareement. Paae 5 WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT: Print: Date: Print: ?y4-?/-Zj CDate: TENANT 5;,,,, ? J/fW.l?a? Print: ll'x?Y l?,P? Date: ? Q TENANT Print: Date: Sign: TENANT Print: Date: Sign: Residential Lease Aareement. Paae 6 ?/ b ?"' ?7 ? 1l ? n i _? 47 (J i.?> J ? ? ^! { ._ ?? TONYA MARIE KINSLER Plaintiff Vs. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -REPLEVIN :CIVIL TERM 05 - -1 /s'1 Cu,? PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER and COUNTERCLAIM NEW MATTER 18. No response required. 19. Denied. Averment is a legal conclusion to which no response is required. 20. Denied. Averment is a legal conclusion to which no response is required. 21. Denied. Plaintiff never abandoned the premises, but left temporarily for the safety of her mother's house for the reasons alleged in Plaintiff s Complaint, in pertinent part, because of the shutoff of her water, insufficient heat, slashed tires, and missing personal property. 22. Denied. Averment as to remedies and Pennsylvania law are legal conclusion to which no response is required. Admitted that Plaintiff made one Four Hundred Fifty Dollar ($450) payment, but as set out in Plaintiffs Complaint at Paragraph six, Plaintiff withheld rent due to the lack of repairs by the Defendant to the leased premises. Denied further that Plaintiff was absent for more than one month, as Plaintiff returned to the premises to find all of her property removed, eight days after she left. 23. Denied. Plaintiff denies leaving the property in the condition depicted by the pictures and believes, and therefore avers, that the Defendant and/or his agents created the conditions seen in the picture as they "retook the premises." 24. Denied. Averment states a legal conclusion to which no response is required. 25. Denied. Averment states a legal conclusion to which no response is required. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed and judgment entered on Plaintiff's Complaint. COUNTERCLAIM 26. No response required. 27. Denied. The averment is a legal conclusion to which no response is required. To the extent that a response is required, Plaintiff denies the averment as Plaintiff's obligation to pay rent was dependent on Defendant supplying habitable premises, which he did not do, as more fully set out in Plaintiff's Complaint. 28. Denied. Plaintiff stayed in the lease premises for no more than one month (January 14-February 14) due to the condition of the premises caused by lack of repair by the Defendant, and by the Defendant's resorting to extra-judicial means of eviction as alleged in the Complaint, i.e. shutting off the water, slashing the tires, removing personal property and, ultimately, retaking the premises without judicial process. 29. Denied. The averment states a conclusion of law to which no response is required. Further denied that Plaintiff is without information sufficient to form a belief as to the proof of the averment and proof thereof is demanded at trial. 30. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 31. Denied. The averment states a legal conclusion to which no response is required. WHEREFORE, Plaintiff demands that Defendant's Counterclaim be dismissed and judgment entered for Plaintiff. MIDPENN LEGAL SERVICES By: AOe Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Supreme Court ID# 18040 VERIFICATION The above-named Plaintiff, Tonya Marie Kinsler, verifies that the statements made in the above Answer to New Matter and Counterclaim, are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S 4904 relating to unsworn falsification to authorities. Date: ?- C Tonya ari e Kinsler TONYA MARIE KINSLER Plaintiff Vs. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - REPLEVIN :CIVIL TERM 05 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, do hereby certify that on this, 6`s day of July, 2005 I served a true and correct copy of the foregoing Answer to Defendant's New Matter and Counterclaim by placing same in the first class United States mail postage prepaid to the following person and at the following address: John J. Mangan, Esquire 35 East High Street Suite 204 Carlisle, PA 17013 Date: -7/G / a0- Respectfully submitted: MIDPENN LEGAL SERVICES BY: X/ offrey W. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 -s, < cu co TONYA MARIE KINSLER Plaintiff Vs. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - REPLEVIN :CIVIL TERM 05-2151 PLAINTIFF'S MOTION FOR SANCTIONS ON DEFENDANT PURSUANT TO PA.R.C.P.NO.4019 1. Plaintiff is Tonya Marie Kinsler, an adult individual residing at 254 Walnut Bottom Road, Carlisle, PA 17013. 2. Defendant is Pino Basile, an adult individual doing; business as Pino's Pizza Shop, 1 East Main Street, Newville, Cumberland County, PA.. 17043 3. On April 26, 2005, Plaintiff, a former tenant of Defendant's, filed this action in replevin against Defendant for locking Plaintiff out of the leased premises, and distributing, throwing away, and/or keeping all of her personal property. 4. Defendant, by John J. Mangan, Esquire, filed an Answer with New Matter and Counterclaim, on May 13, 2005. 5. On June 6, 2005, Plaintiff served Defendant's counsel with Plaintiff's First Set of Interrogatories to Defendant. 6. Plaintiff answered Defendant's New Matter and Counterclaim on July 6, 2005. 7. Pursuant to Pa.R.C.P.No. 4006(b) Defendant's response to Plaintiff's interrogatories was due July 6, 2005, but Plaintiff granted Defendant an extension to file until July 25`h and then again until August 4, 2005.(letter attached as Ex. "1 "). 8. On August 4, 2005 counsel requested and received one last extension until August 15, 2005. 9. Defendant has not, to date, filed any responses to Interrogatories, nor requested further extension of time. WHEREFORE, pursuant to Pa.R.C.P.No.4019(a)(I)(i), Plaintiff prays that this Court : a. Issue a Rule to Show Cause why Defendant should not answer the Interrogatories served on him; b. Make any other Order sanctioning Defendant pursuant to Pa.R.C.P.No.4019(c) that this Court deems appropriate. Date: fj` O,. Respectfully submitted: MIDPENN LEGAL SERVICES By: Geoffrey M. Bmnger 8 Irvine Row Carlisle, PA, 17013 (717)243-9400 Supreme Court ID# 18040 if, MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www,midpenn.org July 25, 2005 John J. Mangans, Esq. 35 East High Street Suite 204 Carlisle, PA 17013 Re: Kinsler v. Basile Dear John: Your client has had more than enough time to respond to Plaintiff's First Set of Interrogatories to Defendant. I am, therefore, advising you that my client will wait ten more days from today's date, prior to seeking sanctions for failing to file answers. Thank you for your attention and anticipated cooperation. Sincerely, Geoffrey M. Biringer III LSC TONYA MARIE KINSLER Plaintiff Vs. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - REPLEVIN :CIVIL TERM 05-2151 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, certify that on the 18u` day of August, 2005, I served a copy of Plaintiff s Motion For Sanctions On Defendant Pursuant To Pa.R.C.P.No.4019, by U.S. mail first class delivery on the following person: John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, PA 17013 Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 01 Q C1 Co 'm J -.b TONYA MARIE KINSLER : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Vs. :CIVIL ACTION - REPLEVIN PINO BASSILLE, d/b/a :CIVIL TERM 05-2151 RECEIVED AUG 19 2^15„ PINO'S PIZZA SHOP, Defendant RULE And Now, this AA4day of August, 2005, upon Motion of the Plaintiff in the above, it is hereby Ordered that a Rule issue upon the Defendant, to show cause, if any he has, why he should not be compelled to answer the Interrogatories served upon him by y?/tt???e the Plaintiff. Said Rule returnable on t e O day of 'C1e'h "AA , in Courtroom No., 2/ Floor, Cumberland County Courthouse, 0:? 3' /T) By the Court: 1??2 a, CJ K SS} ?' 'D< i j LLJ ? eta ca TONYA MARIE KINSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - REPLEVIN 05-2151 CIVIL TERM PING BASSILLE d/b/a PINO'S PIZZA SHOP, Defendant IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of September, 2005, it appearing that the defendant has complied with the requested discovery in this case, the pending motion for sanctions is dismissed. By the Court, y ,xeoffrey M. Biringer, Esquire MidPenn Legal Services For the Plaintiff _,,,,?6hn J. Mangan, III, Esquire For the Defendant bg 6P" o . &S oq I 9L, -„-, ;. ; ? .. .? .? X11.4 '? sl -?'_ ?, iCc1 ? ?.,?`:? r TONYA MARIE KINSLER, Plaintiff Vs. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW, REPLEVIN No. 05-2151 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Geoffrey M. Biringer, counsel for the plaintiff in the above-aptioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is One Thousand Eight Hundred and Nineteen Dollars ($1819). The counterclaim of the defendant in the action is One Thousand Three Hundred and Fifty Dollars ($1,350). The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Geoffrey M. Biringer, Esq., for Plaintiff, and John J. Mangan, Esq., for Defendant. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. MIDPENN LEGAL SERVICES BY: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 CERTIFICATE OF SERVICE, I, Geoffrey M. Biringer, being a Member of the Bar in good standing, hereby swear that 1 served the foregoing document, by placing same in the United States mail, first class postage prepaid on the following individual and on the. following date: John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, PA 17013 Date: // -/ 7 C? Geoffrey M. Biringer 4011---. Louther Street Carlisle, PA 17013 (717)243-9400 _ -?ONqA rlV? t?;t2? Kc45 2. Plaintiff ucE A lb -7 [CA' V (A VC b-ZA I) dant V 7 Sam In The Court of Common Pleas of Cumberland County, Pennsylvania NoO ? - -'vI ?1- l Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature i tore Signature \.QM A tbck"- C Name (Chairman) Law Firm 6emv- 6 6 Name Mof,t?6A Z041 Law Firm 10 ?-' s Address Address ( 11Q Ct t. city, 9) CLOG eo,l,,le d4 ,7013 zip city, zip I C, Name r7z / -V? l.rz`a Cj Y? Law Firm Addre city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the fQlLowing award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 3 Date of Award: Notice of Entry of Award Now, the o ' day of _LjaAh_, 20_D7 _, at 1- q5 , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350.00 By: Prothonotary Deputy s. .4 3e 60 lit. -3c .. C 2"- AO?6 7444 -Z1? d z a? In the Court of Common Pleas of Cumberland County, Pennsylvania ?9?-/s DU•f No. ':p?/ -S-/ civil. To Prothonotary 19 Attorney for Plainti Term, 19 ---- SO. vs. CIPS pV*xV, 19_ Atgi Filed ??, C7 ° -on ? `,, r? -, - CID ?' "'{. rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment 44a i ? Other File No. OS 12 ! J`/ d/oj ?Q : Amount Due /l6/Q'. d O Interest -: Atty's Comm - : Costs ' fly TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against a above-named garnishee(s) for the following property (if Iyal estate, supply six copies of the description; supply four copies of lengthy personalty Dst) / ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the , efend t(s) described in the attached exhibit. Date 1A ?7o 7 Signature: ' Print Name: ??"d i ? %?N ,ei/' Address: 41V / C. LD?Cy f? f 4f4r^4j Pik 17013 Attorney for: ?. Telephone: Supreme Court ID No: and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). C 7- ?a. 7ZI, t7 t`a o Q C=. -ri 3 - Ir rn ` X-- ? x- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2151 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TONYA MARIE KINSLER Plaintiff (s) From PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, 1 E. MAIN ST., NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF DEFENDANTS LOCATED AT 1 E. MAIN ST.,NEWVILLE, PA 17241. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1819.00 Interest Atty's Comm % Atty Paid IFP Plaintiff Paid Date: APRIL 30,2007 (Seal) L.L. Due Prothy Other Costs Curt. P Lon onotary By: Deputy REQUESTING PARTY: Name GEOFFREY M. BIRINGER ESQ Address: 401 E. LOUTHER ST. CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-9400 Supreme Court ID No. 18040, 16 AV -Notj?A kptt. KC45 . Plaintiff CWO I CA, ?efe dart S c In The Court of Common Pleas of Cumberland County, Pennsylvania Nob ? - -2--1 ?- l Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. /? 1 Signature i turelU Signature \-QM A [bCMICtAqAj Name (Chairman) ? %15 Law Firm C J-Q tvj:F A&x- IrV. Address 6edAl 6 rw N MofthA luw Ces Law Firm 10 ?_- Address cp? QuSu. sle 17013 City, Zip 4 I AQW - # 1083 Name City, zip (? o-v? Law Firm Ad&e 7 6 City, Zip ? i1a84+? . - ? . %@? Awaru We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: Date of Award: Notice of Entry of Award Arbitrators' compensation to be paid upon appeal: $ 350.00 By: Prothonotary Deputy Now, the day of Dao-h , 20_D?, at I - q5 , .&.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. ,rife 3. .01 .le 3- 0 ?K8 rock d n :3r- -r icp zrv z y, _. ? -w, • I 'Y TONYA MARIE KINSLER, : IN THE COURT OF COMMON PLEATS Plaintiff : OF CUMBERLAND COUNTY, N O V 1 8 2005 Vs. : CIVIL ACTION - LAW, REPLEV PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, : No. 05-2151 Defendant ORDER OF COURT AND NOW, this tf,kda of kW^b? , 2005, in cgqnsideration of the foregoing petit'on, jL)t6&0,,jn ,tLZx-L'&;tEsq., Ree-& C-•,A_Esq., and f (? J7 Es areappointed arbitrators in the above-captioned action as 'eA,( le • A q , 1.41 prayed for. y the Co , P.. ple C???K ?itr.:, Co T ? .or %40 TONYA MARIE KINSLER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, Vs. : CIVIL ACTION - LAW, REPLEVIN PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, : No. 05-2151 Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Geoffrey M. Biringer, counsel for the plaintiff in the above-aptioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is One Thousand Eight Hundred and Nineteen Dollars ($1819). The counterclaim of the defendant in the action is One Thousand Three Hundred and Fifty Dollars ($1,350). The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Geoffrey M. Biringer, Esq., for Plaintiff, and John J. Mangan, Esq., for Defendant. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID# 18040 .. CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a Member of the Bar in good standing, hereby swear that I served the foregoing document, by placing same in the United States mail, first class postage prepaid on the following individual and on the following date: John J. Mangan, Esquire 35 East High Street, Suite 204 Carlisle, PA 17013 Date: // / 7 /. -' ,? Geoffrey M. Beringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 TONYA MARIE KINSLER Plaintiff V. PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2151 CIVIL TERM NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court in the above-captioned case will sit for the purpose of their appointment on Tuesday, July 11, 2006, at 1:30 P.M. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania. Board of Arbitrators Z? Dated: (,,2 To: Geoffrey M. Biringer, Esq. 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Attorney for Plaintiff George B. Faller, Jr. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013-3015 Court Administrator's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 By: \ 4 r? Wil i . Duncan Esq., Chairman John J. Mangan, Esq. 35 E. High Street, Suite 204 Carlisle, PA 17013 Attorney for Defendant Richard R. Gan, Esq. 17 West South Street Carlisle, PA 17013 Bulletin Board Prothonotary's Office Cumberland County Court House One Courthouse Square Carlisle, PA 17013 r ;" ?? ter, y?J Gf-_.,C R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Advance Costs: IFP Sheriff s Costs.: Docketing $ IFP Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee Postage TOTAL $ ? ??? 3/b i So Answers; .. ?6WIKer;iff R. T omas Kline, B l Z?l t? G u? 0., v, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2151 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TONYA MARIE KINSLER Plaintiff (s) From PINO BASSILLE, d/b/a PINO'S PIZZA SHOP, 1 E. MAIN ST., NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF DEFENDANTS LOCATED AT 1 E. MAIN ST.,NEWVILLE, PA 17241. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1819.00 Interest Atty's Comm % Atty Paid IFP Plaintiff Paid Date: APRIL 30,2007 L.L. Due Prothy Other Costs C s R. Lon o onota (Seal) By: Deputy REQUESTING PARTY: Name GEOFFREY M. WRINGER ESQ Address: 401 E. LOUTHER ST. CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-9400 Supreme Court ID No. 18040 VS. c In the Court of Common Pleas of Cumberland County, Pennsylvania No. A g-l Civil. *92 &)!!?- To Prothonotary 19 Attorney for Plaintiff OF T?ir- , r?,^;`F:?T?Y No. Term, 19 2009 UL - 9: {7 4 vs. PRAECIPE Filed 19 Atty.