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HomeMy WebLinkAbout01-5195COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~- 3/-0 ) Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NA/V& CF APt~cLLANT Ella Decker and Julie Barnes AD~ESS Cf APF~LLANT ~p~S~; 7 ?%~'r e a 1 163 W. High Street, Apt. 2 8/21/01 Dickinson Carlisle PA 17013 College Ella Decker ~ Julie Barnes CV19_ Philip C. Briganti, Mi~dPen~' L~g~llService 8 Irvine Row, Carlisle PA 17013 LT 19LT-0000262-01 j /7;-77 2~ ' This block will be signed ONLY when this nototion is required under Po. R.C~°.JP. N(x If appellant was CLAIMANT ~-see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the jqdgment for possession in this cas~ FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary orlDep~ty PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.I~ No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Dickinson Colleqe , appellee(s), to file a complaint in this appeal F / ~gt~ Of appel~! or h~ a,omey ce egen~ ! RULE: To Dickinson College N~ne of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this role 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 WILL BE ENTERED AGAINST YOU. (3) The date of servke of this rule if service was by mail is the date of mailing. AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (lO) DAYS AFTEI~ firing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY Ot= ; sa AFF~DAVIT: t hereby swear or affirm that I served ~.~ a copy of the Notice of Appeal, Common Pleas No, (date of ~ervice) receipt attachs~t hereto, and upon the appellee, (name) upon the District Justice designated therein o~ [~] by personal service [7] by (certified) (registered) mail, ser~der's , on , t9 [] by personat service [] by (certified) (registered) mail, sender's receipt attached hereto. [~ end further that I served the Rule to File a Complaint accompanying the above Notice of Appear upon the appellee(s) to wh°m the Rule was addressed on , 19 .....~ E~ by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __. , 19 ..... Signature of affiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 PAULA P. CORREAL AddresS: i COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 2A0-656Zt 17013-0000 ELLA DECKER 163 W HIGH STREET APT.# CARLISLE, PA 17013 2 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE 2 PLAINTIFF: NAMEandAOORESS ~ICKINSON COLLEGE P.O. BOX 1773 ATTN: NICKOLAS G. STAMOS ~ARLISLE, PA 17013 VS. DEFENDANT: NAMS and ADDRESS FDECKER, ELLA, ET AL. 163 W HIGH STREET APT.# CARLISLE, PA 17013 Docket No.: LT-0000262- 01 Date F ed: 8/03/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT~AINTI FF E~ Judgmer!t was entered for: (Name) DICKINSON COLLEGE Judgment was entered against BARNES ~ dU,.IE [] Landlord/Tenant action in the amount of $ 1,016.18 on 8/21/01 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 in a · (Date of Judgment) 309.00. Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention Total Amount Established ~J~J. 0!0ess .Security Deposit A.p~d = Adjudicate%%%o.u(~) $ --$ = $ --]Attachment Prohibitea/ Victim of Abuse (Act 5. 1996) ~1 This case dismissed without prejudice. ~-~ Possession granted. .00 $ .00 = $ .00 .ooI$-- .00 - $ Less Amt Due Defendant from Cross Complaint -- $ .00 Interest (if provided by lease) $ . O0 L/T auagment Amount $ 927 _ O0 Judgment Costs $ 89.1 ,~ Attorney Fees $ . O0 Total Judgment $ 1,016.18 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ · Possession granted if money judgment not satlst~ea by t~me of ewct~on. Possession not granted. [] Defendants are jointly and severally liable. Levy is stayed for__, days or [---1 generally stayed. ~-~ Objection to Levy has been filed and hearing will be held: Date: Place: Time: IN AN ACTION INVOLVING A RESIDENTIAL LEASE ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK 0K COURTS THE LESSER OF THREE MONTHS RENTER THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. '. IFA PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COUR'~S OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ..,..-5 . T .TY)E,L..G A. APPEAL MU ,.OL A OFJU E.T .A.SC..PT FO.M W,T. T.E.OT,CE OF APPEAL. ' /.~//~ ! Date k .,--"~ ~.~ .,,:-~" //'~ , Districi Justice I c~.d,~,y fha¢ this is a true and..eo'rf'C~copy of t~e'?ecord oJ~h~ o.~dce~din"gs cort~iniod the judgment. o,_i~..~//~ / Date ~,~,~.///3~ ~,~, ,~ ~/'~/.~ ~,Y- , District Justic. *n,~MY comr~lSSlOn,,,,.,, expires flrstt~onday of Januar Y, 200~/ [ ,-,,-,-. ,.~cal COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 PAULA P. COP, REAL Add ..... 1 COURTHOUSE SQUARE CA~LI SLE, PA Te~,ph~e:(717) 240'6564 ~ 17013-0000 ELLA DECKER 163 W HIGH STREET APT.# CARLISLE, PA 17013 2 THIS The total amount of the Security Deposit is $ NOTICE OF JUDGMENT/TRANSCRIPT PLAiNTiFF: RESIDENTIAL LEASE NAME and ADDRESS ~DICKINSON COLLEGE P.O. BOX 1773 ATTN: NICKOLAS G. STAMOS ~LISLE, PA 17013 d VS. DEFENDANT: NAME and ADDRESS rDECKER, ELLA, ET AL. 163 W HIGH STREET APT;# 2 CARLISLE, PA 17013 Docket No.: LT- 0000262-01 Date Flied: 8/03/01 IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) DICKINSON .COLLEGE ~ Judgment was entered against DECKER, ELLA in a Landlord/Tenant action in the amount of $ 1,016.18 on 8/21/01 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 309 o 00. .00 Rent in Arrears Physical Damages Leasehold Property $. Damages/Unjust Detention $ Total Amounts. Established ~J~J. 0!Dess~Security. Deposit Ap~)l~d. : $: Adjudicated~%~o.u~) ';: [] Attachment Prohibited/ :' Victim of Abuse (Act 5, 1996) This case dismissed without prejudice. Possession granted. Possession granted if money judgment Possession not granted. · -oo 00 .00 = $ Less Amt Due Defendant from Cross Complaint -- $ Interest (if provided by lease) $ Lrr Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ not sat~stmd Dy time ct ewct~on. .oo = $ Levy is stayed for .days or [~ generally stayed. Objection to Levy h~s been flied and head~g Will be held: --]Defendants are jointly and severally liable. Date: Place: Time: .00 .00 .00 89.18 .0~ 1,016.18 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL iS FILED: IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY oF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF. COURT,S'OF T~E COURT OF COMMON PLEAS, CIVIL DIVISION. ~ THEt,~RT¥ FILING AN APPEAL MUST. INCruD~ A COPY~)P~TR]~J~OT.I~E oF JUD~ENT/TRANSCRIPT FoRM WITH THE NOTICE OF APPEAL 6/'~'7'/~) Date (~ :~~,~z ~ Distri;tjustice ' II cer~j~ t~a~t this is a true an.d.c%d'ec--t~e~py oj the ~co.r~ef_.R~e ~e~edin"gs contaj~in.qC~he judgment. I ~?~qj/~, Date (.~,)~.,~: ~'~~/~.~. y District Justice M~{c.c~o,~'ss'on exp,res fi~-~y of Jan;a"}y, 2006'------~' ""~ ' ~' -- IT ~ SEAL ' DICKINSON COLLEGE, Plaintiff VS. ELLA DECKER and JULIE BARNES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 0'! ~-[~)'~ CIVIL TERM AFFIDAVIT 1. I, Julie Barnes, am a defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Correal on August 21, 2001, awarding Plaintiff possession of the apartment in which I reside and a judgment for alleged back rent. 2. My rent for this apartment, located at 163 West High Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania is $309.00 per month and is due by the 1st of the month. The rent is subsidized by HUD. 3. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Julie ~hxnes, Defendant DICKINSON COLLEGE, Plaintiff VS. ELLA DECKER and JULIE BARNES, Defendants IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.O/'53qff CIVIL TERM PRAECIPE TO PROCF~ED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Ella Decker and Julie Barnes, Defendants, to proceed in forma pauperis. I, Philip C. Bfiganfi, attorney for the parties proceeding in forma pauperis, certify that ! believe the parties are unable to pay the costs and that I am providing free legal services to them. P~12~eCi Bfo~gDaene~ndant f MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (t0) DA YS AFTER filing the notice of appeal, Check applicable boxes COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I served C ;'~,;J T4.~... ~a copy of the Notice o~ Apl~eat, Common Pleas No.~~''¢/c/~'' , upon the District Justice designated therein on (date of service) _ ~/.~j/O/ , [] by personal service . ~y (certified)~,h~j~-~ mail, sender's rec~eiptattachedhe~reto, and upon the appellee, (neme) ,O;'t'/t" ~ -~ en ~//"~,'¢ "~ , ,on .~..~._.,~' ,~ , ~101 [] by personal service [~'b~y (certified) (~,~,,iekc~=JC-meil, senders receipt attached hereto E~nd further that I served the Rule to File a Comptaint.accom panying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,~1 ~ ~ q .~¢- ~ / , ~1 ~O~, [] by personal service y[~"C~certified)~4~ SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME · THIS DAY OF , 19 _ -- ~" ' / Signature of affiant I verify that the information set forth in this Affidavit is true and correct. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/~/~/ ~/~~ ~ P,ilip~ . Br~g~ti DICKINSON COLLEGE, Plaintiff ELLA DECKER and JULIE BARNES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 01-5195 _. NOTICE TO DEFEND TO: Ella Decker and Julie Barnes, and Philip C. Briganti, their attorney: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. McNEES WALLACE & NURICK LLC By · berlyM. Colonna, Esq. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1 166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: September 20, 2001 DICKINSON COLLEGE, Plaintiff ELLA DECKER and JULIE BARNES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-5195 : COMPLAINT Dickinson College, by its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against the Defendants, Ella Decker and Julie Barnes, and avers the following: 1. Plaintiff, Dickinson College ("Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants, Ella Decker and Julie Barnes are adult individuals who reside at 163 W. High Street, Apt. #2, Carlisle, PA 17013. 3. On or about April 28, 2000, Dickinson and Defendants Decker and Barnes entered into a Section 8 Model Lease (the "Lease"). A tree and correct copy of the Lease is attached hereto as Exhibit A. 4. Pursuant to the Lease, Dickinson, as Landlord, leased the premises located at 163 W. High Street, Apt. #2, Carlisle, Pennsylvania,, the "Premises") to Defendants. 5. On or about April 28, 2001, Dickinson and Defendants also entered into a "Lease Addendum" which provided that the one year term provided in the Lease would be waived and that the Lease would be month-to month. A true and correct copy of the Lease Addendum is attached hereto as Exhibit B. 6. One year later, on or about April 27, 2001, Dickinson and Defendants entered into a Contract/Lease Addendum (the "Addendum"). A true and correct copy of the Addendum is attached hereto as Exhibit C. 7. The Addendum provided that the rent for the Premises would be four hundred fifty dollars ($450.00) per month, that Defendants would pay three hundred nine dollars ($309.00) of each month's rent, and that the Pennsylvania Housing Authority ("PHA") would pay one hundred forty-one dollars ($141.00) of each month's rent. See Ex. C. 8. On or about April 25, 2001, Dickinson advised Defendants that as of June 1, 2001, the monthly rent would increase to four hundred seventy-one dollars ($471.00) per month. A tree and correct copy of the letter from Dickinson is attached hereto as Exhibit D. 9. Defendants failed to make their rent payments in a timely manner in the following months: October 2000 November 2000 January 2001 February 2001 March 2001 April 2001 May 2001 June 2001 July 2001 August 2001 September 2001 10. Dickinson advised Defendants of their late payments and notified Defendants that it would institute eviction proceedings. True and correct copies of letter from Dickinson to Defendants regarding the late payments are attached hereto as Exhibit E. 2 11. Defendants' failures to make their monthly lease payments in a timely manner constitute repeated breaches of the Lease and the Addendum. 12. The Lease permits the Landlord to terminate the tenancy for (i) serious or repeated violation of the terms and conditions of the lease; (ii) violations of law in connection with the apartment; and (iii) other good cause. "Other good cause" is defined to include, inter alia, disturbance of neighbors, landlord's desire to sue the unit for person use, and business or economic reasons. See p. 3 of Ex. A. 13. As of the date of this complaint, Defendants have failed to pay any rent for the months of June 2001, July 2001, August 2001, and September 2001. 14. Defendants Decker and Barnes have been uncooperative in allowing representatives of Dickinson to access the apartment to check the function of the apartment's smoke detectors. 15. Other residents of the premises have complained about Defendant Decker's smoking, and about her repeated requests for assistance with household tasks. 16. Defendants disturbance of the neighbors and refusal to cooperate with Dickinson constitutes good cause for the termination of the tenancy. 17. On or about June 15, 2001, Dickinson served Defendants with a Notice to Quit (the "Notice"). A tree and correct copy of the Notice is attached hereto as Exhibit F. 18. Pursuant to the Notice, Defendants were instructed to leave the premises on or before August 1, 2001. See Ex. F. 19. Defendants failed to vacate the Premises on or before August 1, 2001. 20. On or about August 1, 2001, Dickinson filed a Landlord Tenant complaint against Defendants in District Court 09-2-01 seeking judgment for unpaid rent in the amount of nine hundred twenty-seven dollars ($927.00) and seeking possession of the unit. 21. After a heating held on or about August 21, 2001, the District Justice granted judgment in favor of Dickinson and against Defendants in the amount of $1016.18, and granted possession to Dickinson. A true and correct copy of the Judgment is attached hereto as Exhibit G. 22. On or about August 31, 2001, Defendants appealed the District Justice Judgment. 23. Dickinson files this Complaint in response to the Rule to file a complaint issued by the Prothonotary. As of the date of the filing of this Complaint, Defendants have not vacated the 24. Premises. 25. Defendants' tenancy terminated as of August 1,2001, and Defendants' continued possession of the Premises is wrongful. 4 WHEREFORE, Dickinson College demands that judgment be entered in its favor and against Defendant Ella Decker and Julie Barnes for unpaid rent, plus costs, and demand that possession of 163 W. High Street, Apartment #2, Carlisle, Pennsylvania, be awarded to Dickinson College. Dated: September 20, 2001 McNEES WALLACE & NURICK LLC By Kimberly I¢I. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for PlaintiffDickinson College 5 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, I hereby certify that I am Vice President for Campus Operations of Dickinson College, that I am authorized to make this verification on behalf of Dickinson College, that I have reviewed the foregoing, and that the facts set forth therein are tree and correct to the best of my knowledge, information and belief. DICKINSON COLLEGE BY Nick c~'~t 'an os~ Vice President for Campus Operations DICKINSON COLLEGE, Plaintiff ELLA DECKER and JULIE BARNES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-5195 : NOTICE TO DEFEND TO: Ella Decker and Julie Barnes, and Philip C. Briganti, their attorney: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. McNEES WALLACE & NURICK LLC By · ly M. Colonna, Esq. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1 166 (717) 232-8000 Attorneys for Plaintiff Dickinson College Dated: September 20, 2001 DICKINSON COLLEGE, Plaintiff ELLA DECKER and JULIE BARNES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 01-5195 : COMPLAINT Dickinson College, by its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against the Defendants, Ella Decker and Julie Barnes, and avers the following: 1. Plaintiff, Dickinson College ("Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants, Ella Decker and Julie Barnes are adult individuals who reside at 163 W. High Street, Apt. #2, Carlisle, PA 17013. 3. On or about April 28, 2000, Dickinson and Defendants Decker and Barnes entered into a Section 8 Model Lease (the "Lease"). A true and correct copy of the Lease is attached hereto as Exhibit A. 4. Pursuant to the Lease, Dickinson, as Landlord, leased the premises located at 163 W. High Street, Apt. #2, Carlisle, Pennsylvania, (the "Premises") to Defendants. 5. On or about April 28, 2001, Dickinson and Defendants also entered into a "Lease Addendum" which provided that the one year term provided in the Lease would be waived and that the Lease would be month-to month. A true and correct copy of the Lease Addendum is attached hereto as Exhibit B. 6. One year later, on or about April 27, 2001, Dickinson and Defendants entered into a Contract/Lease Addendum (the "Addendum"). A true and correct copy of the Addendum is attached hereto as Exhibit C. 7. The Addendum provided that the rent for the Premises would be four hundred fifty dollars ($450.00) per month, that Defendants would pay three hundred nine dollars ($309.00) of each month's rent, and that the Pennsylvania Housing Authority ("PHA") would pay one hundred forty-one dollars ($141.00) of each month's rent. See Ex. C. 8. On or about April 25, 2001, Dickinson advised Defendants that as of June 1, 2001, the monthly rent would increase to four hundred seventy-one dollars ($471.00) per month. A tree and correct copy of the letter from Dickinson is attached hereto as Exhibit D. 9. Defendants failed to make their rent payments in a timely manner in the following months: October 2000 November 2000 January 2001 February 2001 March 2001 April 2001 May 2001 June 2001 July 2001 August 2001 September 2001 I0. Dickinson advised Defendants of their late payments and notified Defendants that it would institute eviction proceedings. True and correct copies of letter from Dickinson to Defendants regarding the late payments are attached hereto as Exhibit E. 2 11. Defendants' failures to make their monthly lease payments in a timely manner constitute repeated breaches of the Lease and the Addendum. 12. The Lease permits the Landlord to terminate the tenancy for (i) serious or repeated violation of the terms and conditions of the lease; (ii) violations of law in connection with the apartment; and (iii) other good cause. "Other good cause" is defined to include, inter alia, disturbance of neighbors, landlord's desire to sue the unit for person use, and business or economic reasons. See p. 3 of Ex. A. 13. As of the date of this complaint, Defendants have failed to pay any rent for the months of June 2001, July 2001, August 2001, and September 2001. 14. Defendants Decker and Barnes have been uncooperative in allowing representatives of Dickinson to access the apartment to check the function of the apartment's smoke detectors. 15. Other residents of the premises have complained about Defendant Decker's smoking, and about her repeated requests for assistance with household tasks. 16. Defendants disturbance of the neighbors and refusal to cooperate with Dickinson constitutes good cause for the termination of the tenancy. 17. On or about June 15, 2001, Dickinson served Defendants with a Notice to Quit (the "Notice"). A true and correct copy of the Notice is attached hereto as Exhibit F. 18. Pursuant to the Notice, Defendants were instructed to leave the premises on or before August 1, 2001. See Ex. F. 19. Defendants failed to vacate the Premises on or before August 1, 2001. 3 20. On or about August 1, 2001, Dickinson filed a Landlord Tenant complaint against Defendants in District Court 09-2-01 seeking judgment for unpaid rent in the amount of nine hundred twenty-seven dollars ($927.00) and seeking possession of the unit. 21. After a hearing held on or about August 21,2001, the District Justice granted judgment in favor of Dickinson and against Defendants in the amount of $1016.18, and granted possession to Dickinson. A true and correct copy of the Judgment is attached hereto as Exhibit G. 22. On or about August 31, 2001, Defendants appealed the District Justice Judgment. 23. Dickinson files this Complaint in response to the Rule to file a complaint issued by the Prothonotary. As of the date of the filing of this Complaint, Defendants have not vacated the 24. Premises. 25. Defendants' tenancy terminated as of August 1,2001, and Defendants' continued possession of the Premises is wrongful. 4 WHEREFORE, Dickinson College demands that judgment be entered in its favor and against Defendant Ella Decker and Julie Barnes for unpaid rent, plus costs, and demand that possession of 163 W. High Street, Apartment #2, Carlisle, Pennsylvania, be awarded to Dickinson College. Dated: September 20, 2001 McNEES WALLACE & NURICK LLC By lcd . Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for PlaintiffDickinson College 5 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities, I hereby certify that I am Vice President for Campus Operations of Dickinson College, that I am authorized to make this verification on behalf of Dickinson College, that I have reviewed the foregoing, and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. DICKINSON COLLEGE Niekolas G. S'tamos Vice President for Campus Operations Mo.del Lease for Regular Tenancy Section 8 Tenant-Based Assistance Housing Choice Voucher Program Part A of Lease: Contract Information 1. Contents of Lease. The lease consists of: Part B: Lease addendum (lease language required by HUD) owner): (Specify any additional provisions, e.g., by 4, Unit Rented, This is a lease for the following dwelling 7. Rent to Owner The initial rent to owner is $ '~,~' TheHeusingAuthoritywillpey$ ~ ~ andthe lenant share shall be $.. ~ ~ ~ The amount of ~e rent to o~et is subject to ~ange dudng the 8. Utilities and Appliance. T~e Landlord shag provue the uUl~ies listed in ~lumn (1) below Utility Heating for pramise~ Cooking fuel Other Heating of water Trash Lawn Care ~ aa.~ng.e/Microwave RefHgerator ~moke Detector Other(Spe~ify) Column/. Column 2 9. Security Deposit. The security deposit ie$ ,, ,-- o -- The tenant has 13aid the security deposit to the owner. t0. Other Owner Charges. (Insert description of any other owner chargae that may be 6. Term of Lease. The i.,i~, t,~ b,gi,e on ~')?~,. /.~.~,;~! .. AutomaUc Renewal ~/ After the initial ~ase ~rm, the lease shall mn~ automaticalN aa a month to menth lease Instea~ o~ ~f a 12-month peri~, Housing Choice Voucher Program Lease SEP-19-O1 WED 16:16 aUX SVGS/PURGH~SING FAX NO, 71724513?9 P, 03 SE?-lP-01 NED 16:17 aU× SVOS/PUROHRSING F~× NO, 7172451379 P, 04 Tenancy Addendum Section 8 Tenant-Based Assistance Housing Choice Voucher Program 1. Section 8 Voucher Program a, The owner is leasing th,~ contract unit to the tenant for meat of Housing and Urban Development (HUD). meats Contract (HAP contract) with the PHA u~,der the 2. Lease of'the lease, thc language of the tenancy addendum shall 3. Use of Coatrac~ Unit Durin~ the leas~ term, th~ family will r~sid~ ill ~h~ lhe PHA. Th~ family must promptly lnfo~ th~ PHA of PHA-approved household mgmbsrs. The unit nmst be thmily. approved by th~ PHA in accordance with HUD require- U.$. Department of Housing and Urban Development O~ce of Public an~ Indian Housing c, During the term of the lease (including the inkial ten'n of the lease and any extenaion tcrm), the rent to owner may at no time exceed: (1) The reasonable rent for the unit aa most recently determined or rcdctermloed by thc PHA in accor- dance with HUD requirements~ or (2) Rent charged by the owner for comparable unas- sisted units ic the premises, Family Payment to Owner a. Thc family is responsible for paying the owner any portion et' the rent to owner that is not covered by the PHA housing assistance payment. b. Each month, thc PI-IA will make a housing assistance payment to the owner on behalf of the Family in aeeor- dance with the HAP contract, The amount of the monthly housing assistance payment will be detcrm{ned by the PHA in accordance with HUD requirements ['or a ten- aney under the Section $ voucher ptogranl, c, The monthly housing assistance payment shall be cred- ited against the monthly rent to owner for the contract unit. fl. The tenant is no[ responsible for paying the portion et' rent to owner covered by the PI'iA housing assistance payment under the HAP contract between the owner anti the PHA. A PHA failure to pay the housing assistance payment to the owner ia not a violation of the lease, The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment, e. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appli- ances to be provided and paid by the owner in accordance with the lease. The owner must immediately return any excess rent payment to thc tenant. Other Fees and Charges a. Rent to owner does not include cost of any meals or supportive services or fumlture which may be provided by the c~vner, b. The owner may not require thc tenant or family members to pay charges for any meals or supportive services or furniture which may be provided by the owner. Nonpay- ment of any such charges is not grounds for termination et' tenancy, Replaces form HUD-S264q .L Page t of 3 form HUI~641*A (10/99) ret HandbOok 7420,8 SEP-19-O1 WED 16:18 ~UX SVOS/PUROH~SING ity, or provided ar no additional cost to unsubsidized Maintenance, ~ti)ities, and Other Services accordance with the HQS. (2) Maintenance and replacement (including redecora- rice for the building concerned as established by the ii) The owner must pray{de all utilities needed to eom. ply with the (2) The owner is noi ~emponsible for a breach of{ha HQS ia) Pay for any utilities that a~e to bc paid by the (b) Provide and maimafu any appliances that a~e to be provided by thc tenant, ~y a guest, Termination of Tenancy by Owaer (l) Serious or repeated violation or,he {2) Violation o~F~dera{, State, or locaI law that imposes (3) Criminal ac:ivi~ or alcohol abuse (as provided in paragraph c); or (4) Other good ~ause (as provided in pa~agraph Criminal activity or alcohol abuse. ~tivity: ia) Any criminal ae:ivity tha~ threatens th~ health or safety of, or the right to peaceful ~njoyment of thc prcmlsas by, other rts{de ms (in:lading prop- NO, 7172451379 P, 05 (b) Any criminal activity that threatens the health 6r safety of, or the right to peaceful enjoyment of their residences by, persons residing in the im- mediate vicinity of tl%e premises; (c) Any violent criminal activity on or near the premises; or id) Any drug-related criminal activity on or near the premises. (2) The owner may terminate the tenancy during the term of the Icaae if any member of the household is: ia) Fleeing to avoid prosecution, or custody ur confinement after cony}etlon, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the ease of the State of New Jersey, is a high misdemeanor; or (b) Violating a condition of probation or parole under Federal or State law. (3) The owner may terminate the renaney for criminal aetlvity by a household member in accordance with this section if the owner determines that the house- hold member has committed the criminal activity, regardless of whether the household member has been srrested or convicted fur such activity. (4.) The owner may terminate the tenancy during the term ofth~ lease if any mom bet of the household has engaged in abuse of alcohol that threatens the health, safety or fight to peaceful enjoyment c fthe premises by other residents. Other good cause for termination of tenancy (I) During the initial lease term, other good cause fur t~rmination of tenancy must be something the fam- ily did or fa{led to do. (2) During the initlal lease term or during any extension term. other good cause includes: ia) Disturbance of neighbors, (b) Destruction of property, or (e) Living or housekeeping habits that eaus~ dam- age to the unit or premises. (3) After the initial lease term. st,eh good cause in- eludes: ia) The tenant's failure to accept thc owner's offer of a new lease or revision; (b) The owner's desire to use the unit for personal or family use or for a purpose other than uae as a residential rental unit; or (e) A business or economic reason for lerminatlon of the tenancy (such as sale of the property, renovation of the unit, the owner's desire tu rant the unit for a higher rent). Rel~laces form HUD-52.641-L Page 2 of 3 form HUD-SZ64t,A (10/9g) ret HanUb~x)k 742o.g SEP-I9-O1 NED 16:19 ~UX SVO$/PUROH~SING FA× NO, 7172451379 P, 06 e, Eviction by court octlun, The owner may only evict thc (I) At or before tim bcgiCming cfa court action to evict ahoy. Thc notice may be included in or combined (2) Thc owner must give the PHA a copy of any owner plaint or oth~r initial pleading used to b~gin an 9. Leaa~: Relation to HAP Contract 10. PHA Termination TM PHA may termiaat~ program assistance for t~e family t~r any grounds a~thorized in a~cordance with H~D require- meo~. If th~ PHA t~inatea p~g~m assistun¢~ for family, th~ I~asc te~inatgs automatically. I1, Family Move Out 12. Security Deposit a, Thc owner ma~ cullom a security d6posk from the t~nant, (However, thc PltA may prohibit th~ ownec from collect. ini a ~ecarit~ depo~ir in ~x~ess of privat~ market prao- must b~ specified m th~ HAP con.act.) b. When thc t~mily moves out of the contract unit, the s~curity deposit, including any intense on thc d~posk, as reimbursement for any unpaid rcnl ~ayablc by thc tenant, c. The o~r must givc {he tenant a list o fall items charged against the securi~' deposit, and ehe amo~t or,ach item. A ~er deducting ~e amounl, if any, used to ~imburse 13. Prohibition of Oitcriminafion In ~ord~ee with applicable ~qual opp~i~ $mM~s, Execu- tive O~, and ~la~o~, the o~cr must not discriminate agai~t ~y ~n b<a~e of raee, color, religion, ~, ~ational odgi~ age, f~illal sta~s oc dis~ili~ ia co~tion ~ ~e 14. Conflict with Other Provisions of Lease a. The terms of the tenancy addendum ara prescribed by HUD in accordance with Federal law and regulation, as a condition for Federal assistance to the tenant and tenant's family under thc Section 8 voucher program, [n ease of any conflict between the provisions Of the tenancy addendum as cequircd by HUD, and any other provisions of~e le~c or any other agreement betwccn the owner and the tenant, the requirements of the HUD- reqgired tenancy addendum shall control. 15. Notices Any notice under tho lease by thc tenant to the owner or by owner to the ~enant must be in writing. 16. Definitions Contract unit. Thc housing unit rented by tho tenant with assistance under tha program, Family, The persons who may re$id~ in the unit with assistanc~ under the program. HAP contract, Thc housing gsaistance payments cen~lct tween the PHA and the owner. The PHA pays housing assistance payments to tile owner in accordance with the HAP contrgcL Household. The persons who may reside in th~ coa~act unit. The household consists of the family and any PHA-approved live-in aide. (A live-in aide is a person who resides in the unit to n~cessa~ suppo~iv¢ s6~ices for a m~mber of the family who a person with disabilities.) Housing quality standards (HQ8). Th~ HUD miMmum quali standards for housing assisted under the Section g tenant-based programs, HUD. The U.$. DepaRment of Hou~ing and Urban Development. HUD requirements, HUD requirements for the Section g pro- gram. HUD requirements ar~ issued by H~ headquagers, as r~gulations, Federal Register notices or other binding progr~ directives, Lease. Thc written agreement between the own6r and the for the lease of the contract unit re the tenant, The lease includes the tenancy addendum pgscribcd by HUD. PHA, Public Haasing Agency. Premises. The building or compl~g in which the ~on~agt unit i$ located, including go~on argus an~ grounds. Program. The Section 8 housing choice voueRer program. Rent to owner. The total monthly rent payable to the owner for rent payable by the tenant plus th~ PHA housing assistance parent to the owner. Section 8. S~ction i ofth~ United Stales Housin~ Act of 19~? United Stat~s Code 14370. Tenant. Thc family member (or members) who leases thc unit from the owner. Voucher program. The S~ctlon I housing choice voucher program. Under this program, HUD p~vidc$ ~ndS to an PHA for rent subsidy on b~halfofeligible families. The tenancy under the lease will be ~$isted with ~nt subsidy for a ten~oy under th~ voucher p~iram. ~rm HUD.OI~S-A (1~) Page ~ of 3 r~ Han~k 74~,8 SE~-I?-O1MON 09:29 AU× SVC$/PUROHA$ING FAX NO, 7172451379 P, 02 LEASE ADDENDUM ., THIS IS AN ADDENDUM to a Lease Agreem~t by and between ~.~'[ · zr ~: ~ ' :~-~.~- ( hcreinaller" fenant" ). / WI~ESSETI-I: Wt.IEREAS, Lm~dlord and Tenant have entered into a Lease Agreement thtcd the ,/...~" of , ~):),~,, . , ~ Z ,~, ( hcreinatler the "New I.e~se" ) for thc rental of the p~mises at ~EREAS, Tenant has been a xenant of Landlord under a prior Lease A~ement the lhe Premises tbr a period exceeding one ( I ) year; WItEREAS, Landlord and Tenant have entered into the New Lease due to Tenant's qualification under the Cmnberland County Hnusing Authority's }-lousing Choice Vouch~a' Program; WHEREAS, the parties recognize that the prevailing local practice is for a lease to convert to a month- Io-mooth Ieas~ upon the expiJ'atioT~ o1' ~la initial one (I) year term; and ~HEREAS, I,an flnrl and 'retmnt ann reengni?e lhat~by providing Iht a month.to.month lease tb. at.thi~: will improve the housing opportunities t'or the Tenant. NOW, TIIEREFORE, in consideration et'mutual covenm~ts and promises as set forth herein and in receipt oFothcr valuable consideration, the receipt whereof is hereby acknowledged, the parlics, intending to b~ legally bound, do hereby agree as t'olk~ws: The New Lease shall be a month-to-month lease and do specifically waive any one ( 1 ) year lease term, as otherwise may be provided in the New Lease. IN WITNESS WHEREOF, the parties hereto s~t f,.mh their hands and seals, WITNESS LAN DLO~'~//~ ~ .... - 5d ....... TENANT f~? . ~; *f] ~ , C:Re-eval/Leasead i 0 SEP-19-01 TOE 09:08 ~UX SVOS/PURCH~SING FAX NO. 7172451979 P. 02 ~3 ~,!; /! o ,, Development provide for the auto~atiu oontl~ua%lonfg~6~=..~, .J~.. Housing Authorities once the initial 12-month period of existing leases and contracts pa~ses. This regulatioo =rates that after the first year o~ tenaDcy, leases become mo~th-~o-month leases l~stead o~ ~or a 12-month period. Changes in re~ard to ~he lease, addendum to lease and %he contract shall be made by a LEASE/CONTRACT AMENDMENT. CONTRACT/LEASE ADDENDU~ TO THE S~CTION 8 HOUSING PROGRAM AND , the sot£un s Mou ln l. The rent, effective as of the date indicated above, shall be $ '~,.,~''~' per month. 2. The Housing Authority of Cumberland County will pay , I 1, toward the tecant's rsn~, 3.~ ~ ~ ~'/T~~!ll be required to pay the remaining amount of The tena~wii~ receive a monthl~ utility assistance paymen~ tn amount of $ --~ ~ All covenants and conditions of the Lsasa are specifically incorporated by refsren~.s in this Agreement. Lessee Date continules. S 0 SEP-13-O1THU 16:12 April 25, 200] ~UX SV¢S/PUROHhSING F~× NO, 7172451379 ?.09 Ms, Ella Decker & ~rulie Barnes 163 W. I-Iisb Steer. Apt. 2 Carlisle PA 17013 Dcar Ma. Decker and Ms. Barnes: As a follow up to the phone conversation we had a few m,~ths ago. the College's offer still stands to cover your relocatica · - · expenses, within hhe Carlisl~ area, once you have located suitable housing. Additie~ally, · - . as of ~rune 1, 2001, R m llec~ssary for the College to increase ~he rllnt oR yollr apa~ ~om $450.00 to $471.00. By copy of this Iet~r, the Housing At~thority bas beea inform~ of this increase. As always, please call ii'you ha,~ questions or c~s~cerns, Yours truly, Nickolas G, Stamos Vice President for Campus Operafic~xs NGS:dw xc: Dolly Ludwig, Housing Representative Housing Authority of Cumberland County ffi NO, 7172451379 P, 10 SEP-13-01THU 16:lB ~U× SVOS/PUROH~SING Dec~nb~r 7, 2000 Ella D~..k~r Sc Sulio Barnes 163 W. High Street, Apt. 2 Carlisle PA 17013 Dear Ms, Decker ~: Ms, Barnes: The College has n~ received your portion o£the rental amount ca your apartma~ since the mong~ of September, Tho months of October and November are now overdue. I do hope that all is well with you both. If you have any questions or problems regarding the apamnent, plea~o ~ free to cai] mc. Sincerely, Nickolas O, Stamo~ Vice Prosidem for Campus Operations NGS:dw co: Dolly Ludwig, Hou~ng Authori~ of Cmnberland County M~rch 5, 2001 Ella D~ker & Sulie Barnes ]63 w. High su~r~ Apt, 2 Carlisle PA, 17013 Dear M~, D~ker and Ms. Barnes: Your letter addressed to "Polly Wiliey" was received by this office ~m Meaday, February 26. In view of the fact tha~ your rmt on the apamnmt at 163 W. High Street has not bean paid for the months of November, December, January, February, and March, it is necessary that we begin eviction g~gfi ~ tilt,5 fiil~ Thi~ ]~r,r W~I sPrvr as ~rri]r fifram (1 fl d~nr mfittoa ~atioo oa'!oo~ ptoceed/n_~L Oa or about Marc~ ] 9, eviction papers will be filed with District Justice Paula Correal's It is with regret that the College finds it necessary to take this drastic measure, but w~ have no other alternative. If you would like to discuss the s~mtica, please call my oi~ice. Yoor~ truly, Nickolas G. Stamos Vice Pre~idaat for Campus Operations NGS:dw cc: Dolly Ludwig, Houaing Authority SEP-13-01THU 16:09 May 16, 2001 flUX SVOS/PUROHflSING FflN NO. 7172451379 P, 03 Ella Decker & Sulie Bamos 163 W. High ~treet, Ar, 2 C. arllsle PA 17013 Dear Ms. Decker and Ms, l~m¢a: It has beea brought to my ~tention that your r~t ~ the apartment at 163 W. HiBh Street has not been paid for the month~ of'March, April, and May. Again. it is necessary that the College begin eviction precemiings. This letter will serve as your fifl~ea~ (15'~ days wfilXen notice oftheae oroceodin~, On or about Jane Ia, evic*;,~- papers will be filed with District Sustice Paula Correal's office, It is with regret that the College finds it necessa~ to tako this drastic rnea~ure, but we have no other alu~mative. It is my understanding that the Housing Authority of Cumberland County will assist you in another unit, and the College will cover your relocation expe~ea, within the Carlisle area. Yours truly, Nickolas G. Stamos Vice President for Campus Operations NGS:dw x~; Dolly Llll]wig Hnllsin~ R~inr~entati~na Housing Authority of Cumberland County SEP-17-O1MON 09:32 flU× SVCS/PURCHfSING Fl× NO, 7172451379 P, 07 NAME OF LANDLORD: NAME OF TENANT: DATE OF LEASE: LEASED PREMISES: Dickinson College Ella Decker and Iulie Barnes 4/22/94 163 West High Street. Aot. 2 Carlisle PA 17013 DATE OF NOTICE 'FO QUIT: ~B_e~.,5: 2001 TO: Ella De,cker & Julie Barnes 163 West Hig. h Street. Apt. 2 Carlisle PA 17013 .... YOU ARE u ~:REBY GIVEN NOTICE TO QUIT THE LEASED PREMISES FOR FAILURE TO PAY RENT AND O'I~IxI~RWISE COMPLY WITH ~l'~ ~: TERMS OF TIlE LEASE, AND FOR LANDLORD'S ELEGIION NOT TO RENEW THE I,~ASE. YOU MUST LEAVE THE LEASED pREMISES ON AUGUST 1, 2001. IF YOU DO NOT LEAVE T~E LEASED PREMIgES AND C. IVE I~OSSESSION OF THF. LEASED PREMISES TO LANDLORD BY AUGUST l, 2001, LANDLORD WILL BEGIN APPROPRIATE LEGAL ACTION TO HAVE YOU REMOVED FROM T/d~ LEASED PREMISES. AFFIDAVIT OF SERVICE Quit at thc Lca~d Premises at [u,,t~] ,~ 2...: t.S [~,,.,. [t.~e]. Subscribed and sworn before me, the undersigned notary public, thisJ~?~'- dayof .~--~ ,2001, Notaxy Public (SEAL) My Commission expires: ' - '~ '" ": SE?-06-01 THU 16:15 AUX SVCS/PURCHASINC, C©MMONW~AL'I'H OF P~NNSYLVAN~A COUNTY O F ~,,, 09 PAIIbA P. CO~., .~.~r~: 1 COORTHOUSE SQUARE CARLISLE, PA · ~..~:(717) 2t0-6564 17013-0000 DICKINSON COLLEGE P.O. BOX 1773 ATTN: NICKOLA8 G. ~TAMO8 CA~LISLE, PA 17013 FAX NO, 7172451379 P, 02 NOTicE'0/I jU GMENT/-rRANsCRiP¥".// RESIDENTIAL LEASE ~ICK~NSON COLLEGE P.O. BOX 1773 ATTN: NICKOLAS G. BTAMOS ~LISLE, PA 17013 / VS. ~ECKER, ~r,T,%, ET AL. 163 W HIGH 8TR-KET APT.~ 2 CAKLISLE, PA 17013 L Docket No.: LT-0000262- 01] Date Filed: 8/03/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT,A3'NTTt~'P, [] Judgment was entered for: (Name) ;OI~KIN8ON COLLEGE ,Judgment was entered against ~A.P..NE~. JULIE [] 1.016.18on,, 8/21/01 Landlord/Tenant action in the amount of $ The amount of rent per month, as established by the Distdot Justice, is $ The total amount of the Security Deposit is $, .00 In a . (Date of Judgment) 309 -,-0,0. Total Amount Established ~y,~J ,.~.ess. Security Deposit App. JLed = Adjudicated_A_m_ou_nL Rent in Arrears $ =~,~/.uu--$ .uu = $ ~z'J.uu Physical Damages Leasehold Property$ -00 -- $i, . O0 ~ $ ' ,00 Damages/Unjust Detention $ . f)O -- $ _ OD - $_, ' . Off · 1---] Attachment ·Prohibited/ ' ' Victim of Abuse (Act 5, 1996) ~ This case dismissed without prejudice. ] Possession granted. [Possession granted it money judgment i Possession not granted. Less Amt Due Defendant from Cross Complaint -- $ .00 interest (if provided by lease) $ . of) L/T Judgr~ent Amount $ ..... Judgment Costs $ Attorney Fees $ Total Judgment $ 1,016.18 Post Judgment Credits $. Post Judgment COSts $. Certified Judgment Total $ not satistled Dy t~me Of'~VlCbon. [] Defendants are jointly and severally liable. ] LOW is stayed for ,,, days or [] generally stayed, [~Ob action to Levy has been fi[ed and hearing will be held: Date: Place: Time; 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 SY PILING A NOTICE OF API~EAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON RLEAS~ CIVIL DIVISION. THIS APPEAL WiLL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE OATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY NAS ~0 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE RROTHONOTARWCLERK OF COURT~ OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, ~ TH~.F~.P~RTYJFILING AN APPEAL MUS!.4NCE'b'D~ A COPY.~OT~E OF JU[~"MENT/TRAN$CRIPT FORM WITH THE NOTICE OF APPEAL. I certiN ~t this iS a true ang..e~r~copy ct tb~e~rrO ~ o,~o'c.~e'din"gs con~inl~ me judgment. FRC~ DISTRICT JUSTICE JUDOMENT NOTICE OF APPEAL '<' '!:: ': ~ NGtice Ts given that the oppellont ha~ fi~ecl in t~m abo~,e Court of Common PJeas an oppecsl from the judgment rendered by the DJstrid Jvztice orl the date and in the ca~e rnenti~ed below. ~,~ 7: -:' '/~ ' TI~ Mock will be signed OI~-Y v/hen this ~ta~ is mqulred u~ P~ RC~J~. ~ ff a~l~ ~ CLAIMANT ~e"~. R,C.P.J.P. No. 1~8~ 1~1(6 ) in ~i~ ~fo~ DIsFfct J~ce, ~ MUST ~S ~t~e of ~eal, w~ mccad by f~ ~st~ Just. ~Jl ~e~ ~ a ~RSEDEAS ~ ~ ju~t ~ p~e~ in ~is, FILE A COMPLAINT within twerfly (20) days after fiTing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form %0 be used ONLY when ~lisnt w~s DEFENDANT (see Pa~ R,C.P,J.P, No. 1001(7) in ~ction bede District Justic~ IF NOT USED, dezach from ~ of notice O~ appeal to b~ sensed upon apl~#ee). PRAECIPE: To Prothonotary En~r ru~e upo~ D~,Ck i P..~,n gO i k ~,~ C~ .... appdlee(s), to ~ a c. ompl~Jnt in this ~oe~ ;"' ' ~ %., ,~ ) within twenty (:20) doyl a~ter service of rule ~-~,suf~'~entry of juc~3ment of m:~ peas. · ,"L. ;;-, RULE: To 'L~i,ckinson ~Cileq~. ,oppelae(s), ? [1) YOu am notified that a rule k hereby e~lared upon ya~ to file a complainl in this appeal within ~y (20) days otter the data of service of tl~s mia up~t you by peesanal service or by cedJfied or mgktemd ma[ · '(2) if you~ not fBe d comp~nt wltl~n th~ time. a JUDGMENT OF NON PROS WiLL BE ENTERED AGAINST YOU. .;",,. (?)The. dah~ ~ ser~.. Cf~,% r~e ~ ~erv~e was by ma, k the dote of ma~ling. COPY TO BE S£~¥ED ON APPELLEE CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was served by first class United States mail, postage prepaid, upon the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kimberly 1V/. Cok;nna- - Dated: September 20, 2001 -~c) =*3 DICKINSON COLLEGE, Plaintiff V. ELLA DECKER and JULIE BARNES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5195 ORDER AND NOW, this 31st day of December 2001, upon consideration of the Stipulation filed of record and Plaintiffs Motion for Entry of Judgment, it is hereby ORDERED: (1) Possession of the premises located at 163 W. High Street, Apartment #2, Carlisle, PA, is granted to Plaintiff; and (2) The rent moneys which Defendants paid into escrow with the Prothonotary of the Court are to be released to Plaintiff. Dated: December 31, 2001 BY THE COURT: ~NV^'IAS-T, IN]d ,U.N~OO ~!'r~nk~g~~InO DICKINSON COLLEGE, Plaintiff V. ELLA DECKER and JULIE BARNES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 01-5195 MOTION FOR ENTRY OF JUDGMENT BASED UPON JOINT STIPULATION Dickinson College, by its attorneys, McNees Wallace & Nurick LLC, hereby moves for entry of judgment and avers as follows: 1. Plaintiff, Dickinson College ("Dickinson"), is a Pennsylvania educational institution with its principal offices located in Carlisle, Pennsylvania 17013. 2. Defendants, Ella Decker and Julie Barnes are adult individuals who reside at 163 W. High Street, Apt. #2, Carlisle, PA 17013 (the "Premises"), a premises that they lease from Dickinson. 3. On September 20, 2001, Dickinson filed a complaint against Defendants seeking possession of the Premises and judgment for unpaid rents plus costs. 4. On or about October 15, 2001, Dickinson, through its counsel, and Defendants, through their counsel, entered into a stipulation. A true and correct copy of the stipulation is attached hereto as Exhibit A. 5. In paragraph 2 of the stipulation, Defendants agreed to pay rent into escrow with the Prothonotary of Cumberland County. See Ex. A. 6. In paragraph 4 of the stipulation, Defendants agreed that if they failed to vacate the premises on or before December 1, 2001, upon filing of the stipulation, judgment for possession could be entered for Plaintiff and that an order could issue releasing to Plaintiff all rent moneys held in escrow. See Ex. A. 7. Defendants also agreed that if they failed to vacate the premises on or before December 1, 2001, judgment for possession may be entered against them immediately and without prior notice, hearing, or further pleading. See ¶ 4 of Ex. A. 8. Defendants failed to vacate the Premises on or before December 1, 2001, and to date, they have not vacated the Premises. 9. Simultaneously with this motion, Plaintiff has filed with the Court, the stipulation beating the original signatures of counsel for Plaintiff and Defendants. WHEREFORE, Plaintiff respectfully requests that an order immediately enter granting Plaintiff possession of the Premises and releasing to Plaintiff all the rent moneys paid into escrow by Defendants. Dated: December 31, 2001 McNEES WALLACE & NURICK LLC By 'i~imbel/ly M. C01~nna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Dickinson College DICKINSON COLLEGE, Plaintiff Vo ELLA DECKER and JULIE BARNES, Defendants On this /3' : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND cOUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-5195 CIVIL TERM STIPULATION day of October,. 2001, the plaintiff, Dickinson College, by counsel, Kimberly M. Colonna, Esquire, McNEES WALLACE & NURICK, LLC, and the defendants, Ella Decker and Julie Barnes, by counsel, Philip C. Briganti, Esquire, MIDPENN LEGAL SERVICES, hereby stipulate as follows: 1. Defendants will voluntarily vacate the premises they lease from Plaintiff located at 163 West High Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, on or before December 1, 2001. 2. Until Defendants vacate the rental premises, they will continue paying their monthly rent into escrow with the Prothonotary of the Cumberland County Court of Common Pleas. 3. Provided that Defendants vacate the rental premises by December 1, 2001, the parties, through their respective counsel, will file a joint praecipe with the Prothonotary requesting that the above-captioned action be marked as settled and discontinued, with prejudice, and that all rent money paid into escrow with the Prothonotary be released to Plaintiff. 4. In the event that Defendants fail to vacate the rental premises on or before December 1, 2001, Defendants agree that upon filing this Stipulation with the Court, Plaintiff may obtain a judgment against Defendants for possession of the rental premises and an order releasing to Plaintiff all rent money held in escrow by the Prothonotary. Being fully aware of their rights under the Landlord and Tenant Act and its subsequent amendments ("the Act"), Defendants agree that, in the event that they fail to vacate the premises on or before December 1, 2001, all of their rights under the Act are waived and the judgment for possession may be entered against them immediately and without prior notice, hearing, or further pleading. McNEES WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Counsel for Plaintiff 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Counsel for Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was hand delivered to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kim'berly M. Colonna Dated: December 31~ 2001 DICKINSON COLLEGE, Plaintiff ELLA DECKER and JULIE BARNES, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-5195 CIVIL TERM STIPULATION On this i[ 3' ~rt, day of October, 2001, the plaintiff, Dickinson College, by counsel, KimberlY M. Colonna, Esquire, McNEES WALLACE & NURICK, LLC, and the defendants, Ella Decker and Julie Barnes, by counsel, Philip C. Briganti, Esquire, MIDPENN LEGAL SERVICES, hereby stipulate as follows: 1. Defendants will voluntarily vacate the premises they lease from Plaintiff located at 163 West High Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, on or before December 1, 2001. 2. Until Defendants vacate the rental premises, they will continue paying their monthly rent into escrow with the Prothonotary of the Cumberland County Court of Common Pleas. 3. Provided that Defendants vacate the rental premises by December 1, 2001, the parties, through their respective counsel, will file a joint praecipe with the Prothonotary requesting that the above-captioned action be marked as settled and discontinued, with prejudice, and that all rent money paid into escrow with the Prothonotary be released to Plaintiff. 4. In the event that Defendants fail to vacate the rental premises on or before December 1,2001, Defendants agree that upon filing this Stipulation with the Court, Plaintiff may obtain a judgment against Defendants for possession of the rental premises and an order releasing to Plaintiff all rent money held in escrow by the Prothonotary. Being fully aware of their fights under the Landlord and Tenant Act and its subsequent amendments ("the Act"), Defendants agree that, in the event that they fail to vacate the premises on or before December 1, 2001, all of their rights under the Act are waived and the judgment for possession may be entered against them immediately and without prior notice, hearing, or further pleading. Kimoerly M. Uolouna, Esquire McNEES WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Counsel for Plaintiff 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Counsel for Defendants DICKINSON COLLEGE, Plaintiff Vo ELLA DECKER an~! JULIE BARNES :Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5195 PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Kindly issue ~ writ of possession in the above-referenced matter. McNEES WALLACE & NURICK LLC Kimberly M. Colonna. Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attomeys for Plaintiff Dickinson College Dated: December 31, 2001 ~c @ ~m CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a tree and correct copy of the foregoing was hand delivered to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kim~berly 1VI. Colonna Dated: December 31. 2001 DICKINSON COLLEGE, Plaintiff V. ELLA DECKER and JULIE BARNES Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ._ : CIVIL ACTION - LAW : : NO. 01-5195 : : PLAINTIFF'S PRAECIPE TO MARK JUDGMENT SATISFIED To the Prothonotary: Kindly mark the judgment entered in this action SATISFIED. Dated: January 31, 2002 McNEES WALLACE & NURICK LLC By Attorney I.D. No. 80362 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for PlaintiffDickinson College CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was hand delivered to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Kin~berly M(. Colonna Dated: January 31, 2002