HomeMy WebLinkAbout05-3244COMV0NWEAYTH OF PENNSYLVANIA
COURT OF COMMON PLEAS FROM
CUMBER?LLA,???y,,,N?///??_,D COUNTY, PENNSYLVANIA
7' ' JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. D
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
THOMAS E. MARTIN, JR. & HELEN E. MARTIN
329 LAMBORNTOWN ROAD, WEST GROVE, PA
06/15/2005 THOMAS E. MARTIN, JR
----- --
CV 20
LT 20 05 - 214
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the Drstrict Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
NOTICE OF APPEAL
19390
LORI ANN LEACH
If appellant was Claimant (see Pa. R. C. P. J. P.
,No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach front copy of notice of appeal to be servers upon appellee).
PRAECIPE: To Prothonotary
Enter rule upor
appellee(s), to file a complaint in this appeal
or avNr?,rr >,
(Common Pleas No. _?! 1 within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attorney or agent
RULE: To appellee(s)
Name of appelleetsl
I1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
20
Signature of Prothonotary or Deputy
AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY
,r?Ji'=i_6xlpjr
t .i .lF ,v,_ v..
Ct7N1MONVAALTH Or F£NNSYLVANIA
COUNTY OF _.--_. : ss
AFFIDAVIT: h ^t ro.! wi ,n,oi r•;er!
„? ',` rfr; No of Appeal. Common Pte a', N„ _- __, upon the U tact
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MCP t :i(!M 'rei, o.cc mail, sen,'i r , ereiPt It he,l h, etn.
d f,i,'hCr that 1 Sovr j the Rw t£, F r= a COmpi r lit ?a.uninrry cg tla, abo.z Not ce of AUr7+.,' upuc d,c app' cek! F,
1,A c„T: r,., Hue .,,is dd,oswi! tin w son t ,? ?,cr by reel' i eiir '.
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m,l Sender's receipt ttache(j h?.eto.
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CC AMONWEALTH OF PENNSYLVANIA
rnI INITV nG CUMBERLAND
Mag- Dist. No,
09-3-05
MDJ Name. Han.
GAYLE A. ELDER
Address: 507 N YORK ST
MECHANICSBURG, PA
Telephone (717 ) 766-4575 17055
.
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF. RESIDENTIAL .EASE
51ARTIN JR, THOMAS E,. BT AL. 7
NAMI? 329 LAMBORNTOWN RD
WEST GROVE, PA 19390
L J
vs.
DEFENDANT: NAME and ADDRESS
rLEACH, LORI ANN
1215 MCCORMICK ROAD
MECHANICSBURG, PA 17055
HELEN H. MARTIN L J
329 LAMBORNTOWN RD Docket No.: LT-0000214-05
BEST GROVE, PA 19390 Date Filed: 6/07/05
>a
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgmentwas entered for: (Name) MARTIN JR; THOMAS-2; ET AL.'
Judgment was entered against LEACH LORI ANN in a
® Landlord/Tenant action in the amount of $ 135.50 on 6/15/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ . 00.
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less - Security Deposit Apr? lied =
. 00 =
Rent in Arrears $ . 09-$
Physical Damages Leasehold Property $ . 00 - $ .00 =
Damages/Unjust Detention $ 00 -$ .00 =
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ Adjudicated Amount
.00
$ .00
$ .00
$ .00
$ _00
$ .00
$ 135.50
$ _00
$ 135.50
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
- UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
mission expires first Monday of January, 2006 SEAL
,A 05
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
vs.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
No. 05 --
;3,94y--. Civil
NOTICE
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 amended complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013 {
(717) 249-3166-? ,
Thomas E. Martin, Jr., pro se and rn
Helen E. Martin
P.O.Box 392
Kennett Square, Pennsylvania
(610) 444 0285
Supreme Court Identification No. 16055
COMPLAINT
1. Plaintiffs in this action are Helen E. Martin and Thomas E. Martin, Jr., brother and
sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
referred to as the "Owners."
2. Defendant Lori Ann Leach is an adult individual, who resides at 1215 McCormick
Road, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as the "tenant."
3. On or about August 5, 2004, the tenant offered in writing to lease and rent from the
Owners a certain dwelling house with garage and pool and curtilege owned by the
Owners, located at 1215 McCormick Road, Mechanicsburg, Cumberland County,
Pennsylvania, for a period ending July 31, 2006, at the rental rate of $1,400. per month
until July 31, 2005, and $1,500.00 per month thereafter until July 31, 2006.
4. On or about August 11, 2004, the Owners accepted the offer by signing the writing
executed by the tenant, hereinafter referred to as the "lease, " a true and correct copy of
which is attached hereto, marked Exhibit "A", and incorporated herein by reference
thereto.
5. The lease was prepared for the parties in handwriting by an agent of Jack Gaughen
Realtor ERA, a licensed Pennsylvania real estate broker, on a standard Pennsylvania
Association of REALTORS@ form
6. By Exhibit "A" the tenant and the Owners were obligated to comply with certain
terms of the lease in consideration of the sums of money agreed to be paid by the
Tenant to the Owners in timely fashion.
7. At the times the Owners agreed to lease the house to the tenant the meters which
gauge electricity use for the property did not segregate the usage of electricity for the
dwelling house, garage, and pool from electricity usage for the rest of the property,
which fact was unknown to the Owners and the tenant alike at that time.
8. In consequence of this mutual mistake of fact, the Owners agreed to transfer of all
bills for electricity usage from the name of the tenant to the name of the Owners until
changes could be made by a qualified electrician to meter the electrical usage exclusively
by the Owners and the electrical usage exclusively by the tenant.
9. The tenant has failed to make full payment of the rent reserved to the owners and
her former counsel advised the undersigned on March 18, 2005, that tenant no longer
would honor her contract. A copy of a March 18 email from him is attached hereto,
marked Exhibit "B", and incorporated herein by reference thereto.
10. Pursuant to paragraph 23 of the lease tenant now owes the balance of the rent
reserved by the lease because Tenant agreed that if she violated the lease the payment
of rent would immediately become due.
11. On or about April 1, 2005, Tenant tendered only $112.70 to Landlord as "Rent--April
05" instead of the normal monthly house rent due of $1,400.00, which tender was not
accepted by the Landlord.
12. Tenant has debited the owner with costs for electricity billed to her which were hers
to pay under her lease, has failed to pay electricity used by her which was billed to the
owner, and has used amounts of electricity unneeded by her or her family which was
billed to the owner.
13. Since April 1, 2005, the unpaid rent due to the Landlord by the Tenant is as follows:
4 months April 1, 2005, through July 31, 2005, at $1,400.00 per month,
or $5,600.00, and thereafter
12 months August 1, 2005, through July 31, 2006 at $1,500.00 per month,
or $18,000.00.
WHEREFORE, Plaintiff prays for judgment against the Defendant
(1) for accelerated unpaid rent in the amount of Twenty-three thousand six
hundred dollars ($23,600.00) and also
(2) entry of an order determining what tenant owes for electricity for the use of
the house, garage, and pool area for the terin of the lease. A pro se and attorney for I-Wh E. Martin
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are *de subject to the pWties of 18 Pa. C.S. §
4904, relating to unsworn
THOMAS
. ,,
IMSIDENTIAL LEASE
LR
nil, ram asaakm4J mar yMm.al la.anm,mn..+.ow .............••••.•••,••.•. •.-. __.....__ _.. _.
LANDLORD'S BUS] ESS I .ATIONSII 11 PA LICENSED BROKER /
RROKIiH (Co any) PHONE
AGENT FAX -7 J- O:Zfo r!f
P 7,11 Z.2
ADUIfFSS _ /
Designated Agent(s) for Landlord, If applies 1.
OR
Broker Is NOT the Agent for Landlord and le a/ant ? ACF.NTFoR TENANT ? TRANSACTION LICENSEE
TENANTS BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) PRONE
AGENT FAX
ADDRESS
DesignatedAgeot(s) for Tenant, if applicable:
OR
Brokerls NOT theAgenl for Tenant and Is Alan: ? AGENT FOR LANDLORD ? SURAGaifr FOR LANDLORD ? TRAN8AcnONLICENSu
When the "me broker h BrokerforLandlord and DrokerforTeaant, Brokerh a Dust Agent AR dBrakerlancrosea are Ann UNMACMU Un1,r mesa
Are separate Dedgund Agin for Landlord and TanaM, If the same Leeoseo Is designated for Ledlord and Tenat, the Licence h'a Dud Agent
Broker(s) may perform services to amiss unrepresented parties In complying with the terms of this Lease.
1 1. This LEASE, dated I Is between
2 LANDLORDS w
s called "Landlord," And
4 TENANT(S)
s called "Tenant,"
e for the Property local itI J
I d: r /, SN...,.. rA.a.a?, called "Property"
a 1 c nant is individually respo 1, s' a for all klifigations of thA ease, including rcpt, late fees, damages and other comp.
a 2. COSIGNERS
to Co-signers:
It
12 Each Co-signer is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs.
12 Co-signers do not have the right to occupy the Property an a Tenant without the Landlord's prior written permission.
14 J. LANDLORD CONTACT INFORMATION
is Rental
Is Payable I
17 Address:
16???I
is Aa.. -phone:/
20 4.
2[
22
23
5.
24
25
28 ,
27
28
Me- bla-A
ec? 6/a- &L
STARTAND END'.
(A) Start Dater,
(B) End Date: _
L
MgInICRAACC Rctpteals: '
Contact:
Address: 17 70;'
Phone: -Fax:
t
2
n
4
a
8
7
e
a
to
It
12
13
14
is
in
12
to
to
7 RE, NTA .TERM i
1
LEASE (also called'Term') a004 - - 220
alJn rf I /„ 4e6 . at
22
RENEWA TERM We 1. as,sr to
? This Lease will AUTOMATICALL RCN for a tenn'of /, (also called the 24
"Renewal Term") at the End Date of this Lease or at the end of y Renewal Term unless: 2s
1. Tenons gives Landlord at least ?4 Q days written nohcc before End Date or before Use end of any Renewal Tenn, Olt 26
2. Landlord gives 7cmint at least 4TH- days written notice before End Date or before the end of any Renewal Tem. 27
? This Lease will TERMINATE on the End Dale unless extended in writing. 24
RENT AND DEPOSIT
m C RENT -
I 20
20 (A) Rent is due in advance, without demand, on or before the
d of each mantis. -
Qr !X to
31 (B) The total Rent due each month is A.LY..nna /,d(A{,y.. •rt.Aftd....`,4.4D.p ................$541' to f
22 (C) Thatotal amount of Rent due du ng the Term is: .......... : ............................................................... $ O N 32
ys (D) If Rent is more than <
days late, Tenant pays a Late Charge of-. /.lJJ.fk ...............................5 •' si
24 (E) -
All other payments due from Tenant to Landlord, including Late Charges orutility charges, am considered togi(iss Additional 24
W Rent Failure to pay this Additional Red is a breach of the Lease in the same way as failing to pay the regular Rcn6 sec
as (F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will be applied '34
27 against the cunent Rent due. 37
as (G) Tenant will pay a fee of S a, for any payment that is returned by any financial institution for any reason. Any 34
sec
40
(H) Late Charges will continue to apply until a valid payment is received. y^
Landlord will
cce
t the foll
win
meth
ds of
me
t
? Cash -Mo
e
Order 1
P
n
l Che
k so
46
a
p
o
g
o
pay
:
y
y
n
n
erso
a
c
41 ? Credit Cards , ? Other: ? Other. 41 . .
42 7.. PAYMENT SCHEDULE
Due Date Paid ?.4 Due 42
43 (A) nn
Security Deposit, held in escrow by:4&.Z Ack S / S 43
a field at (financial institution): 44
45 (B) First month's Must f S 45
46 (C) 0 lier,
J
r.,A•,) r7c a__9 ?fl- n- _?,,- S S N. +a
47 (D) .
?
Ollhciv S S 47
40 'Total Rent and security deposit received (o datr...._..,.„..„.......... „.
a
-
48
49 Total amount due .„ ................_...............„. ......._..............„.............. S
„•
1
4r
Tenant Initials: LR Page 1 of 4
Lan oat 1.111
, t
- - - - -• -- C0PYRICI1TrWN8YLVV0AAa40eATIW0FWL&U ee 2103
51 S. RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) 51
52 (A) When Tenant moves from the Property, Tenant will =turn all keys and give Landlord written notice of Tenant's new mail- 52
n ing address where Landlord can return the Security Deposit. 57
64 (D) Within 30 days alter Tenant moves from the Property, Landlord will give Tenant a written list of any damage to the u
55 Property that Landlord claims Tenant is responsible for. - 55
as (C) Landlord may deduct repair crisis and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit so
57 will be returned to Tenant within 30 days alter Tenant moves from life Property. 57
CARE AND USE OF PROPERTY
as 9. USE OFPROPERTYANDAUTIIORIZEDOCCUPANTS s°
so (A) Tenant will use Property as a residence ONLY. so
an (D) Not more than EE ve on Property. List nil other occupants who are not listed as Tenants in so
et paragraph 1:. - ??a _ ?. at
ez X
tn•.t 62.
elf-
u 10. POSSESSION ' 03
w (A) Tenant may move in (lake possession of the Property) on the Start Date of this Lease. a
as (R) If Tenant cannot move in within __,r days after Start Dale because the previous tenant is still there or because of as
ee property damage, Tenant's exclusive rights are to: - 05
a7 1. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property e7
en is available; OR eo
eo 2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the eo
70 port of Landlord or Tenant. 70
7+ It. LANDLORD'S RIGHT TO ENTER 71
72 (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, re pair, 72
73 or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or 73
74 Landlord's min s nflalive, or they have written permission from the Landlord. 74
76 (R) When possible, Landlord will give Tenant 2 V hours notice of the date, time, and reason for the visit. 75
7e (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was 76
77 them and why within 24 hours of the visit. 77
78 (D) Landlord may put up For Sale or For Rent signs on or near Property. 7To
TO 12. CONDITION OF PROPER'L'Y AT MOVE IN ? 70
°o Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following: so
of at
82 82
e] 13. APPLIANCES INCLUDED o
1,,,
04 ? Stove ? Refrigerator .q Dishwasher ? Washer ? Dryer p7 Garbage Disposal [3 Mleroweve 04
as V{ Air Conditioning ?Otber ?Other 55
e° Landlord is responsible for repairs to appliances listed above unless otherwise stated here: as
e7 °7'
as 14. UTILITIES AND SERVICES ee
as Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. If a serv- as
to ice is not marked as being paid by the Landlord, it is the responsibility ofTenom to pay for that service. Landlord is not respon• so
of sible for loss of service if interrupted by circumstances beyond the Landlord's control. of ,
02 Landlord Tenant Landlord Tenant e2..
t] 9]
pays pa pa a Pays i.,
94 ? Cooking Gas IWAir Conditioning - a
os ? 'Electricity , ? )9 Cable Television 05
. se ? Jffi lleat, 0-:zz ? ? Condominium Fee` o° ... .
27 ? Xllot Water ? ? Parking Fee 07 F
se X ? Cold Water ? ? Maintenance of Common Arms - oa [
00 ? 3ZTrash Removal ? ? Pert/Rodent Control of
tae 11a ? Sewage Fees t9 49 Snow/ice Removal. +oo
tat ? ? Sewer Maintenance ? Telephone Service ; tot ' .
. toe - N Lawn and Shrubbery Caro ? e?-e•?f]r,dr?-r-ae?.. +oz .:
to] ? 13 Heater Maintenance Contract ? ?/
.. 104 - Comments: - 104
i
' tea 105
f
106 15. TENANT'S CARE OF PROPERTY . 106
. 107(A)Tenant will: 107
tae
toe 1. Keep the Property clean and safe.
tot 2. Dispose of all trash, garbage and any other waste materials an required by Landlord and the law log,
Ito 3. Use care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the Ito i r--
.. tl+ Property, including any elevators. m i s
112 4. Tell Landlord immediately of any repairs needed and of any potentially lumhful health or environmental conditions. +12 ;l
113 5. Obey all laws. Its
114 (D) Tenant will not: Its ,.
115 1. Keep any flammable, hazardous and/or explosive materials on the Property. Ito '.
++e 2. Destroy, damage or deface any part of the Property or common arms Ira
. 117 : 3. Disturb the peace and quiet of other tenants or neighbors. +n .
In 4. Make changes to the property, such as pointing or remodeling, without the written permission of Landlord. Tenant ire
. ' Ito agrees that any chpnpes or improvements made will belong to lite Landlord. no .
120 5. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any.. 120
121 (C) Tenant is solely responsible to pay the costs for repairing any damage that is the fault of Tenant or Tenant's family or 121
127
' 122 g11CSta. •. '
. 123 Tenont Initials: LR Page 2 of 4 Landlord Initial
,
124 16. SUBLEASING AND TRANSFER 724
125 (A) Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the some with the now 125
116 landlord. lee
127 (B) Tenant may not transfer this Lease or sublease (rent to another person) the Properly or any part of die Properly without 121
' 128 Landlord's written permission. 129
in 17. PETS in
in Tenant will not keep or allow any pets on any part of the Properly, unless checked below, 120
tat l7 Tenant my keep pets with Landlord's written permission according to the terns of the attached Rules and Regulations. 131
u2 18. RULES AND REGULATIONS 132
133 (A) Rules and Regulations for use of the Property and common areas am attached. ? Vice ? No 135
134 (B) Any violation of the Rules and Regulations is a breach of this Lease. u+
125 (G) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safely, or we(- Ds
126 fare of others. Landlord agrees to provide all changes to Tenant in writing. 126
tar (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulation and all laws. 137
ace 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS US
in (A) Landlord has Installed smoke detectors in the Properly. Tenant will maintain and regularly test smoke dctectors to be sure 129
149 they am in working order, and will replace smoke detector batteries as needed. no
Ill (D) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. 141
1+2 (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of 142
us any broken or malfunctioning smoke detectors is a breach of this Lease. 143
144 (D) Landlord may Provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these 144
" to systems is stated in the Rules and Regulations, if any. 145
146 (D) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems, ace
147 20. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 147
143 ? Property was built in or after 1978. This paragraph does not apply. 148
149 g Property was built before 1978. Landlord and Tenant must provide infomation in this paragraph. 140
ISO (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: 10
1st _ Landlord knows that tom is lead-bascd paint, or that them, are load-based point hazards on the Property. Landlord 151
152 must explain what Landlord knows about. the tend-based paint and hazards, including how Landlord learned that it 152
152 is them, where it is, and the condition of painted walls, Win and other surfaces. Landlord must give Tenant any let ,
' t5+ other information Landlord has about the lead-based paint and lead-based paint hazards. 154
us (R) Landlord has no reports or records about lead-bascd paint or lead-based paint hazards on the Properly unless stat. 1ss
tae ed below: Ise
'. 157 Landlord has given Tenant all available records and reports about lead-bascd paint or Icad-booed paint hazards on -tsr
1s$ the Property. List records and reports: lea
159
160
(C) Tenant initial all that am true: 150 ..
160
tat Tenant has received the pamphlet Protect Your Family From Lead in Your Home. .
ot i
t l
162 Tenant has read die information given by Landlord in paragraph 20 (A) and (0) above. ;
~ e
163 Tenant has received all records and reports that Landlord listed in paragraph 20 (B) above. 183
• 1N (D) Landlord and Tenant certify, by Signing this Lease, that the information given is true to the lest of their knowledge, 16+
to 21. DESTRUCTION OF PROPERTY 165
' fat (A) Tenant will notify Landlord or Landlord's agent immediately if the property is scvcrely damaged or destroyed by the or log
167 by any other cause. Tenant will immediately notify Landlord or Landlord's agcot of any condition in ilia properly that 167
I0 could severely damage or destroy the Property. lee
169 (D) If the Property is severely damaged or destroyed for any reason: log
174 1. Tenant may continue to live oil ilia livable part of the Properly and pay a reduced rent as agreed to by Tenant and no
171 Landlord until the damages am repaired, OR
171
172 2. If (lie law does not allow Tenant to live on the Property, this Lease is ended. 172
173 (C) If Lase is ended. Landlord will return any unused security deposit or advanced mot (o Temnl. 173
174 "(D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and im.
ITS . Tenant will continue to pay mot, even if Tenant cannot occupy the Property. 175
t7s 22. INSURANCE AND RELEASE 178
' 177 (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenant's guests. Tenant is - 177.
178 advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's incite who may be In'.'
170 injured while on the Properly,
ire '
ISO O IF CHECKED, Tenant must have insurance policies providing at least S property insurance its
lot and $ liability insurance to protect Tenant, Tenant's property and Tenant's guests who may taf
182 be injured while on the Property. Tenant must maintain this insurance through the entire Term and any Renewal Term. 182
tea Tenant will provide proof of insumnm upon request. 182
104 (B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guess that occurs on the Property. 164
leg (C) Tenant is responsible for any foss to Landlord caused by Resent, Tenants family"Tenanfs guests, including anoney's feco, des
tee 23, E 12ING LEASE
LANDLORD REMEDIES IFTENANT BREACHES LBASE
106
s7 (A) If Tenant breaches Lease for any mason, Landlord's mmedics may include any or all of ilia following: 1e7
lee i. Taking possession of the Properly by going to court 10 "let Tenant. Tenant agrees to pay Landlord's legal fees and tea
s9 reasonable costs, including the cost for Landlord or Landlord's agent to attend court hearings. - lee
I96 2. Filing a latrsuit against Tenant for runs, damages and unpaid charges, and for rens and charges for the mot of (he too
191 Lease term. If Landlord wins (gets a money judgment against TcnanQ, Landlord may use (he court procees to gar- -
' tot
192 nish Tenant
s wages and take Tenant's personal goods; furniture, motor vehicles and money in banks. 192
lee 3. Keeping Tenant'! Security Deposit to be applied against unpaid mot or damages, or both. 1 0a
19+ (D) If Tenant breeches [.ease for any reason, Landlord can begin eviction proceedings without written notice. 194.
195 TENANTWAIVFS OR GIVES UPTENANT'S RIGHTIOANOT'ICE To MOVE OUT UNL13MADIFFERENT log
ISO NOTICE PERIOD IS STATED HERE.:
191 lee
/ /19
19e Tenant Initials:
.lu_ Lit Page3 or4 Landlord In)
16
,tag 24, TENANT ENDING LEASE EARLY Iw
200 Tenant may end this Lease and move out of the Property before the End Date of the Lease or any Renewal Term only with writ. 200
201 ten permission of Landlord, and only ?if,:/^ 201
202 (A) Tenant gives Londlord at least:] N days written notice, AND 202
203 (D) Tenant pays Landlord a Temrimtion Pea of /1? AND 202
204 (C) Tenant continues to pay all rent until the Dnd Dale of the Lease, or any Rencwnl Term, or until a new tenant is approved 206
205 by Landlord and a new lease takes effect, whichever happens first. 205
2o6.25. ABANDONMENT 28a
207 (A) If Tenant abandons Property white Rent is due and unpaid, Landlord has the right to take possession of the Property 207
• Zoe immediately and to rent the Property to another tenant. Zoe
209 (D) Any of Tenant's personal property., or possessions remaining on the Property after Tenon( moves out will be considered Zoe
210 to be abandoned property, landlord will have the right to remove and dispose of any abandoned property in any men- 210
211 ner determined by Lamilord. Tenant will pay for the cost of removal and disposal of abandoned property., 211
212 26. SALE OF PROPERTY 212 .
213 (A) If Property is sold, Landlord will give Tenant in writing: 2a
214 - 1. Notice that the Security Deposit has been given to the new landlord, who will be responsible for it 216
215. 2. The name, address and phone number of Oro new landlord and where rent is to be paid, if known. 215
216 (D) Tenant agrees Oat Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord, 216
217 (L) Landlord's responsbilid" to Tenant under this Lease end after the Property has been sold and die Lease transferred to it 217
'
21$ new landlord. 219
219 (D) If Landlord sells the Property during the Lcwc or any Renewal Term, Landlord has the right to termim(o this Lease if -20
220 Landlord gives at least (n d days written notice to Tenant. Tenant is not entitled to any payment of damages. 220
221 27. IF GOVERNMENT TAKES PROPERTY _ 221
222 (A) The government or odor publicauthority can take private property for public use. The taking is called condemnation. zz2
222 (B) If any part of die Properly is taken by the'govemment, Landlord will reduce Tenant's rent proportionately. If all the 222
224 Property is taken or is no longer usable, this Leone will end and Tenant will move out. Landlord will return to Tenant any 226
225 unused Security Deposit or advanced rent, - ns
2m (C) No money paid to landlord for the condemnation of the Property will belong to Tenand. 225
ADDITIONAL TERMS
227 28. , TENANT IIAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may haven mortgage on the Property.. The
222
226 rights 6f the mortgage lender come before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, 229
.229 the mortgage lender could take the Property and end this Lease) 229
220 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE
230 .
231 • IS A FORECLOSURE, 711E NEW OWNER WILL HAVE THE RIGHT.TO END THIS LEASE. ' 231
232 29. CAPTIONS The headings in this Lease are meant only to make it easier to find tho•paragraphs. 232
232 30.. ENTIRE AGREEMENT This Loose is the entire agreement between Landlord and Tenant. No spoken or written agree- 233
• 234 menna made before. are a part of this Lease unless they are included in this Lcasc in writing. No waivers or.modifications of 239
235 this Lease during the Term of this Lease arc valid unless in writing signed by both Landlord and Tenant 235
239 NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant Is advised to consult an attorney. 238
237 If Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge receipt or the 237
239 Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337. _ 238
236 By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory infor- 239
240 Mallon get forth t this Leas 20
241 WITNESS TENANT Pt4,Q• DATE S-S oy 241
/
... 242 WITNESS
TENANT DATE 242
243 WITNESS TENANT DATE 263
244 WITNESS CO-SIGNER DATE 244
zis WITNESS COSIGNER DATE 245
246 WITNESS CO-SIGNER DATE 240 ,
.
Tar WITNESS LANDLORD DATE, "? II, b'
I "
247•., .
,, •
24a WITNESS LANDLORD DATE xee
249 Brokers'/Licensecs' CertiDesdans By signing here, Brokers and Licensees involved in this transactiorl certify that:, (1) The infom n- z4f.. +
250 lion given is huo to the best of their knowledge; AND (2) They have told Landlord of landlord's responsibilities under the Residential
I
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291 r -4 D-m M... w•._J n.w.•. __ . _. rvn .. n n ...,.... . _ .. .. _ . __ . _ .
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. .'RULLS 1lEGULAT10NS' AND OPEC= CLAUSES.
Marked items are a' part of the lease for (Property Address)
. •'. ?- pl - PET'cLAUSE - (SEPARATE FORM).' ''
GI U2 - MILITARY CLAUSE - (SEPARATE ]FORM) .
' H3 - OIL TANK CLAUSE
Tenant agrees that oil tank is /? full.. at start' of lease
and Tenant upon ending, date will have tank at same. level.
Tenant agrees to buy oil from?,??"??' (?bcr
(i4 -PROPERTYFO(i SALE CLAUSE' '
.Landlord shall have the right- during reasonable 'hours' and
weekends with 24 hours notice t-oshow'said property 'for sale,
provided that- a.buyer is with a licensed real estate agent. '
Lock box and sign are to remain od the property'during the term
of the listing contract.
? fl5 - FIREPZ.ACE CLAUSE
Fireplace will 'be inspected and/or.. cleaned .prior' to start date.
of lease. Tenants agree to have. fireplace inspected and/or
cleaned w}thin • one month. of ending date and provide' a "copy of
inspection of fireplace.
{)G -LAWN CARE CLAUSE
Lawn care is described as cutting grass once a week, edging and,:
weeding flower beds and shrubbery trimming.
? #7 110MEOWNERS ASSOCIATION -LAWN & SNOW,
The Homeowners Association is responsible,.for lawn.carelind snow .
' removal. Neither the Owner/Landlord nor Jack Gaughen Property
Management'is responsible for these',aervices..
0 flQ - NO SMOKING CLAUSE
Tenants agree not to allow smoking inside the house at anytime
by themselves or Guest.
A9 GUARANTOR CLAUSE
I (We) do agree to be responsible for the, true and faithful
performance of- thelease to the Landlord .on t-he, part' of the
'named tenant(s):and. I (we) do guarantee any and, all sums 'due'to
• 'Landlgrd,thereunder. This-.guarantee shall bein effect.. for the
term of .the lease.
110 - RENT PAYMENT CLAUSE
The monthly rental p yment will be paid with one check.'
,`? .011 - HARDWOOD?FLOORS CLAUSE
.Tenant agrees to protect the hardwood, floor(s) ?by-• covering. 00%
with area, rugs and. hallway runners. «
? •912-WELL WATER TREATMENT CLAUSE
Tenant will buy and use the salt supply. ;for the' watersoftener'.,
Any damage from discontinuing use of water softener will be
charged to?the Tenants.
? N 13 BARKING DOG CLAUSE
'Tenant 'agrees"that,. f, the 8ogls barking disturbs the neighbors,
Tenant. shall immediately remove same from premises,
2i . . 014 -• ADDITIONAL SPECIAL CLAUSES/; /
' ? Lm, ?,J or Lginila 'a Tensnl .. •
J
//D ?O ?f
Dale. t{
' /cvieeJ?!IT-fit ? .R-..'? .O ? ,,
4, '
F'+ ?" Jitibi?sotani.-..?eMS 6: Se??rn1. ;CONn7(xxoNS OE L?nS>~ '
+ Il.i'?r nuTllunTEEN' DCtIIRT?: .
We to than:. X33 ..people will live., on propbAy'' ....List ell names .116"1 -
p1b
Gdeata are permitted. A'geept is a*vieitot.for two (2) Weeks oC?aeda.: ;
:', •TENANT UTILITIES. ' COM?P/ANY '? - 'P110NE MUMDER
-r w
11eat is1 .0k.?
•'-'Not Water ill. ?.?•/,?,
4 ' q r ;tee a s?r?s%l
' ''Electricity 1q+?' ?/?" --+-.------ '
.'Cooking 1s+ ,e?r_.a..^ •. _ .^-- '?'_"'.
.. a, ;Water lei ,.. 11u0 94. ..
'Sewer ini - --
"Traah removal 1st. 'l. Q'1r??+•?r..?_ [PYIO G'??` .. ,
Association ire" ,
"•Mlltet replacements -
Telephone.isl
TV Cable ini
. '••: CARPL"2 91IAMPOOING ' • ? .' .. .; ' . , :.
' Tenants will have tha.carpeta ptofeseiohally. dhdatood6d itt,th6.end of the .
•'"r='lease and must provide a receipt'to Landlord:
':V•ET POLICY
'I• ..No pate:or animals of any kind atd.parhdtiad on or'withilb. the -'lensed '
::;propaxty except as described below:'
•PST_ Udlhattachatl as part of title lease+ LJ Yea. No
bYO&4gDREa1
''Lan 1?ord has amde-'the following'%diecloaUree ragardinq the propettyl Nhldh
Late attached and made a.pa8t o ahld'Leasett--a??ijreemenC+
Nnter Potability9eptlc lJ _ t -
i TLRNYNAT'ION
.> Tefient agrees that a fdll month! e!'tan t,ls.,dua for ally month•in whioh there
F? ^ atS 3p ?sttlal OochpAdey. et tbOgy?CermipaHion of, E1l0 lease. •?
.,.,', APp?T7WCEY?s Atm'pxASONAL PAb¢pAw ',2NCLV6E1)'N Til PhOPEhTY1 77-
"ti6 appliances •'helow are Ptovid'a fof lhe`.Tehsnt+s iisdl LabdLord iol ' • ' i
D'o8mibl, e:.got the•rePair or.raplecitment. of these lbeinn Tenpnt muet.Hall -
Landlord if any of theme item are not workin0 prbpfixly. '
` refrigerator /a range/mtova +•?diahwagher'•. 11--11 gatboOn disposal
C] waeGer, El dryer ? lawti Nowak. IJ' ftearet
window unit sir,conditlohers (11, ? ,
appliahces/ikpled+.xmxAed off 'below Rio ptovided'fot Wi, ,Tenantls Uee
! •`Landlord lb'iyOl"FeebONellil.m`?Eor Ella 'repair or xbPiatiameht, of', thdde tkegm 'r If. ,
•'`topaiks are needed„ Tonatit,lnay decide to: repair tithe,,•lt6me,at tlfe'Tenant°e ,
eapanse-r.•Landlord still owns tlieee'italas.. Tonkin stunt, ball LalidioYd if'ahy 1 _
. Stesl:is not wotking ptopetlyi, Landlord Ilae'right, to decide'Mh6tl+ei to temove•'
e item;
i ..-yy
'..? eftigerator .1J.washer. ? dryer u•lawp'•iitoNer ''''? freezer -
window unit: six do St1n+ a
MTE• ??? ?? . .
q! 51j?_
•'' ')>A(lOLORO'9 9IGNATUR
.'a::MANAGYNG .AGCNT'9 9IGNAT'URC _UATE '
_„y . ./ I'
„'•?LISTING AGENT'S SIGNATURE DATE
>:ARANTIS SIGNATURE' 'BATE ,Y :?•?'.OY
N TENANT'S . SIGNATURE bATC +.
7TCNA9T1S SIGNATORE > _ DATE ,
,88/04/2804 12:55 717-249-8999, JGR ERA CARLISLE
84/13/2884 15:19 717-249-8995 JOR ERA CARLISLE
JACK GAUD + RFALTORr ERA
RENTAL AND PROPERTY MANAGL+MENT
TOZXCLUSM MGVr TO RENT AGP 9EMENT
PACs' 09/io
e#a u„ no
Dale of Litaug: 911010!4
ii {{??
ProperWMd1=z 12.ti?Cae-r-- j-el??-RaeiA7 Mrreka aIr 31MV, PA
owner(s): "'T'nm Mn.?'ltti n??lPn i`Irar?')?
OWNER'S WATER SUPPLY DISCLOSURE.
We, the undersigned Owner(a) aoknowledge that our water supply is provided by private well
situated on the propcM.'We Hither ackaowledge that we have- edvlscd Jack Oaughut Realtor,
'
ERA Property Management through their agent, t44 Rio W P tar that
Place a (? where applleable:
To the best of our knowledge, my/au water sauce it potable and safe lbrbuman
crosumptirn wneuturatma t.
0 My/ourwatersourrolsnotsafoforbumanomatupdon
0 My/our water source is potable with the use of
Typo of Treatment
? Not applicable. Water supply is public.
OWNER'S PRIVATE ON LOT SEWAGE SYSTEM DISCLOSURE
We, the ondersigttod Owncr"s heroin dlacloso r pcny is servicat by r}a followbrgtypa otptivaze
oa4ot sewage system:
Plate a (+4) where applicable:
0 Couvsudoaatsrptlespman
V - Sandmoundsoptic system
? Iioldiagteak (tno drain flelds)
0 Cosspool
0 Otber,
To go begofoorkaowleduo, our private o"ot sewage sysem is in good w dit or ft with the
fanowin oseeptiow
Data T(f !(v lacdtord:
.0 ? Landlord;
Landlord: _
Datew.
'
at
k l/
,??.? •DD/64/'10D4 12:55 717-2498999 JGR ERA CARLISLE
Date: ww PAGE 10/18
123
TBNANrS ACIKNOVVLEDGbfMJ P
Tea=l(s) hereby admowicts Owner(s) dodasuro rogardmg The water supply aad pdvAw on4ot sewage
systems *Wgtboabovementionedprmpody.
Data. Tessut; ,
Pak Tout:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.
Plaintiffs
vs.
LORI ANN LEACH
Defendant
No. 05-3244 Civil Term
CIVIL ACTION
PROOF OF SERVICE OF NOTICE OF APPEAL
ON MAGISTERIAL DISTRICT JUDGE
Commonwealth of Pennsylvania :
County of Chester
SS.:
AFFIDAVIT
I hereby swear or affirm that I served a copy of the Notice of Appeal, Common
Pleas No. 05-3244, a copy of which is attached hereto, upon the District Judge
designated therein on June 27, 2005 by certified mail, sender's receipt attached
hereto, and upon the Appellee Lori Ann Leach on June 27, 2005, by certified mail,
sender's receipt for which was filed in this matter in the offic of the Prothonotary of the
Court of Common Pleas of Cumberland County prgou,aly?
affiant
Sworn and subscribed before me this
28th day of June, 2005.
lc_?o ?ic_L- (SEAL)
Notary Public
NOTARIAL SEAL
LINDA S. SASAKI, NOTARY PUBLIC
KENNETTSQUAREBOROUGH,000NTYOfCHESTER
MY COMMISSION EXPIRES MARCH 8.2006
?W CERTIFIED MAIL='RECEIPT
*?] (Donjestic Mail Only, No Insurance Coverage Providec
co E
? Postage $ G s
O
M CeNged Fee $2.30 748
°
P
He
° (E repnRequiredd)) $1.75 .o H
em
o a
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N FbetrlrAetl DelWery Fe9
(Endotseraent Required)
$0.00 O
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r9 Toted Postage s Fees $ $4.42 06/27/
a ?2r?1 G+• 09 - 3-??
?PO?`,g-c?----l?•:-? .-ice-• s?-? ? 055----------
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDICIAL DISTRICT`
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 05--
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rende reef by the District Jus6
on the date and in the case mentioned below.
THWAS E. MARTIN, JR. 6 HELEN E. MARTIN P9-3-05
V329 LAMSORNTOWN ROAD. WEST GRRYE, PA 19390
} .06/15/2005 TROMAS E. MARTIN, JR ET AL LORI ANN LEACH ^
a.i-FR o..W o. Aar
CV 20
LT 20 0505214 _
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
appelleejsl, to file a complaint in this appea
_ Name of appellees)
(Common Pleas No. ?`S 1 within twenty 120) days after service of rule or suffer entry of judgment of non pros
RULE:To
Name of appellee (sl
appellee(s)
Signature of appellant or his attorney or agen
11) 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 o
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL eE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
20,.
NOTICE OF APPEAL
FROM
Signature of Prothonotary or Depun,
AOPC 312-84
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
No. 05-3244 Civil
LORI ANN LEACH, CIVIL ACTION
Defendant
PRELIMINARY OBJECTIONS
AND NOW, COMES, Defendant, Lori Ann Leach, by and through her attorneys,
Latsha Davis Yohe & McKenna, P.C., and files the following Preliminary Objections to
Plaintiffs' Complaint.
1. On June 24, 2005, Plaintiff Thomas E. Martin, Jr., Esq., on behalf of himself
and his sister, Helen E. Martin, filed a Complaint against Defendant, Lori Ann Leach,
seeking money damages under a lease alleged to be entered into between the parties
and attached to the Complaint as Exhibit "A."
2. Prior to that Complaint's filing, on or about March 14, 2005, Plaintiffs filed
a previous Complaint in the Court of Common Pleas of Cumberland County, docketed
at Civil Action No. 05-1316, which consists of three counts based upon the lease, which
is the subject of the instant suit.
I On April 22, 2005, Plaintiffs filed an Amended Complaint to No. 05-1316,
which Amended Complaint states six counts involving the same lease in the instant
Complaint and which counts seek among another remedies money damages under the
lease.
4. On or about June 7, 2005, Plaintiffs filed an action before District Justice
Gail A. Elder, No. LT-0000215-05, in which they sought not only possession of the
property but also money damages under the terms and conditions of the lease for which
suit was brought under the Amended Complaint, Common Pleas No. 05-1316.
5. District Justice Elder issued judgment granting possession, however,
denying the requested rent arrearages based on the theory of lis pendens, it having been
presented to the court's attention and confirmed by Attorney Martin who was a witness
in that action, that there was a pending suit, No. 05-1316, in the Court of Common Pleas
of Cumberland County raising money damages issue.
6. District Justice Elder admonished Attorney Martin for having brought a
suit under the same theory of the case.
7. Plaintiffs now file the instant appeal and Complaint from District Justice
Elder's ruling again, seeking money damages under a lease for which there is a pending
suit seeking identical damages pending in this Honorable Court.
8. The allegations contained in the Complaint at bar raise no new causes of
action which are not already pending before this Honorable Court and therefore,
Plaintiffs Complaint and its causes of action are barred under the theory of lis pendens.
99893 2
WHEREFORE, Defendant, Lori Ann Leach, prays that Plaintiffs' Complaint be
dismissed with prejudice.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By Ci=a ado
Glenn R. Davis
Attorney 1. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2.424
Attorneys for Defendant, Lori Ann Leach
99593 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Preliminary Objections was served by first-class, United States mail, postage
prepaid, upon the following:
Thomas E. Martin, Jr.
P. O. Box 392
Kennett Square, PA 19348
Dated: N16-P4, Is ')& ?
Glean R. Davis
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.,
Plaintiffs
V. No. 05-3244 Civil
LORI ANN LEACH, CIVIL ACTION
Defendant
PETITION OF LATSHA DAVIS YOHE & MCKENNA, P.C.,
FOR LEAVE OF COURT TO WITHDRAW
AS COUNSEL FOR LORI ANN LEACH
AND NOW, COMES, Petitioner, Latsha Davis Yohe & McKenna, P.C., and
presents this Petition to withdraw as counsel on behalf of Lori Ann Leach and in
support thereof, represents as follows:
On or about April 19, 2005, Lori Ann Leach ("Ms. Leach") requested that
Petitioner represent her in a matter filed and captioned at No. 05-1316.
2. On or about April 26, 2005, an engagement letter was sent to Ms. Leach by
the undersigned on behalf of Petitioner to memorialize the scope and terms of its
representation of her.
3. Petitioner agreed to represent Ms. Leach at an hourly rate as well as
reimbursement for all costs incurred in the said representation. A copy of the fee letter
dated April 26, 2005, is attached hereto as Exhibit "A."
Ms. Leach agreed to the above fee agreement and assured Petitioner that
she would pay the aforesaid fees and costs on a monthly basis.
5. In reliance upon the above, Petitioner also agreed to represent Ms. Leach
in the above-captioned matter which was subsequently filed. Petitioner has entered an
appearance and provided representation in this matter.
6. Since April 2005 to the present, Ms. Leach has not made payment for legal
services rendered and costs incurred on her behalf. As a result, Ms. Leach has a
significant outstanding balance in her account owed to Petitioner.
7. Ms. Leach has been contacted on numerous occasions to address the
outstanding balance in her account and arrange for payment.
Ms. Leach has failed or refused to communicate with Petitioner regarding
this matter.
9. Beginning on or about October 24, 2005, the undersigned directed his
administrative assistant to call Ms. Leach on a daily basis so that arrangements for the
preparation of the defense could be made on her behalf.
10. Even though phone calls have been placed on a daily basis to Ms. Leach
and correspondence mailed, she has failed or refused to further communicate with
Petitioner.
11. Based upon the foregoing, Petitioner, Latsha Davis Yohe & McKenna,
P.C., cannot in good faith continue to represent Ms. Leach because Petitioner believes
that the attorney-client relationship has irretrievably broken down.
10,3764
WHEREFORE, Petitioner, Latsha Davis Yohe & McKenna, P.C., respectfully
requests that this Honorable Court grant its petition to withdraw as counsel for Ms.
Leach in the above matter.
Dated: 1;? IS ??
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By aAQ
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
101764 3
1? 1f ?l`
?'???y Y?? ? 4^
_- __
LATSHA DAMS YOHE
I Rm & & MCKENNA, PC.
ATTORNEYS AT LAW
PLEASE REPLY TO Harrisburg
WRITER'S E- MAIL:
gdavisQldylaw.com
April 26, 2005
Ms. Lori Ann Leach
1215 McCormick Road
Mechanicsburg, PA 17055
Re: Professional Services Engagement Letter
Our File No. 641-05
Dear Ms. Leach:
Our rules of professional ethics require us to set forth our fee arrangements in writing at
the commencement of a professional relationship.
With regard to our fees and billing practices, you will receive periodic statements from
our firm, usually monthly, detailing services rendered during the last billing period plus costs
and fees which were advanced on your behalf, such as filing fees, reproduction, postage, long
distance telephone costs, express mail fees, telecopier (fax), computerized research costs and
travel expenses. Each attorney and professional staff member prepares accurate and daily
time records for each file on which they work. Hourly rates are determined periodically by
our office, generally each year, and will vary according to the attorney who provides the
service(s) and the type of service(s) requested. There is a minimum charge of three tenths of
an hour for phone communications. There is a courier service fee for hand-delivery or filing
of documents. Travel time is from portal to portal. The hourly rates of our attorneys range
from $110.00 to $260.00. My current hourly rate is $225.00. Paralegal services are $95.00 per
hour, and the services of our law clerks are $95.00 per hour.
Unless otherwise agreed, we will perform services for you at our standard hourly rates.
Statements are clue upon receipt and must be paid within thirty (30) days unless other
acceptable arrangements are made in advance.
Post Office Box 825 • Harrisburg, PA 17108-0825
4720 Old Gettysburg Road, Suite 101 • Mechanicsburg, PA 17055 • (717) 761-1880 • FAX (717) 761-2286
350 Eagleviem Boulevard, Suite 100 • Exton, PA 19341 • (610) 524,8454 • FAX (610) 524,9383
3000 Atrium Way, Suite 251 • Mt. Laurel, NJ 08054 • (856) 231.5351 • FAX (856) 231,5341
Maryland Telephone: (410) 727-2810
Ms. Lori Ann Leach
April 26, 2005
Page 2
We bring a team approach to our work product which is designed to provide
economically efficient and effective representation by matching the hourly rates and experience
of our attorneys and staff to the professional requirements of a particular matter. Where
appropriate, we attempt to utilize paralegals for more routine and repetitive matters with the
goal of reducing the overall cost without sacrificing any quality in the product.
We customarily assign the responsibility of coordinating all aspects of our representation
of a particular client to one attorney designated the "client coordinator." All work requests are
channeled through that professional, who is then responsible for coordinating all work
assignments- Of course, we encourage direct communication with the individual attorney(s)
working on a particular project. The client coordinator also is responsible for billing and
responding to all questions relating to client fees and our representation. 1 will be performing
the role of client coordinator for you.
It is our understanding that we have been retained to represent you with regard to
a civil complaint filed in the Court of Common Pleas, Cumberland County, Pennsylvania, at
Docket No. 05-1316, titled Helen E. Martin and Thomas E. Martin, Jr. v. Lori Ann Leach.
If at any time during the course of our professional relationship you have any questions
regarding our services or our fees, please raise them with me. We strongly encourage open and
frank discussions about our work product and fees. We find that good communication
enhances our professional relationship with our clients and facilitates our ability to address
effectively and economically the legal challenges facing them.
Please sign a copy of this letter confirming your agreement to its terms and return it to
our office. We thank you for the opportunity to perform legal services for you. Best regards.
Very truly yours,
Glenn R. Davis
/ hs
98163
Ms. Lori Ann Leach
April 26, 2005
Page 3
I agree to and accept the terms of professional engagement as described in this letter.
Lori Ann Leach
98163
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served in the manner indicated upon the following:
Service by first-class mail and facsimile addressed as follows
Thomas E. Martin, Jr.
P. O. Box 392
Kennett Square, PA 19348
(610) 444-5460 (facsimile)
Service by first-class mail addressed as follows
Lori Ann Leach
c/o Lydia Waggoner
5105 Inverness Drive
Mechanicsburg, PA 17050-8318
Dated: 3 L-r os' Cla."aQ,C '
Glenn R. Davis
DEC 19 2005
u441
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.,
Plaintiffs
V. No. 05-3244 Civil
LORI ANN LEACH, CIVIL ACTION
Defendant
ORDER
AND NOW, thisWday of December, 2005, upon consideration of Latsha Davis
Yohe & McKenna, P.C.'s Petition to Withdraw as Counsel for Lori Ann Leach, a Rule is
issued to show cause, if any, why the relief requested in the Petition should not be
granted.
J(cJZ_ -
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Rule returnable days from th&dmis pi ii pis i0--'-
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Curtis R. Long
Prothonotary
i9ff[CC Of the Protbonotarp
Cumbprlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
3,2g(1 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573