HomeMy WebLinkAbout05-3245COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
09-3-05
Notice i i 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.
n,.ns ov ,..eu,+,
THOMAS E. MARTIN, JR. & HELEN E. MARTIN
,oonea o. ,..eu,?. _+•
329 LAMBORNTOWN ROAD WEST GROVE
6/15/2005 THOMAS E. MARTIN, JR..}6-
CV 20 I?
LT 20 OS - ..
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.
of Prothonotary or Deputy
PA
LORI ANN LEACH
o, was ,,.a.ye) ?*
19390
If appellant was Claurra (see a. 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 f7) 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 , appellee(s), to file a complaint in this appeal
Name of appeHeels)
(Common Pleas No. ) 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 appellees)
Name of appellee is)
(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 of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not tile a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule it service was by mail is the date of mailing.
Date:
20
Signature of Prothonotary or Deputy
COURT FILE TO BE FILED WITH PROTHONOTARY
M1 Yg^ 1^ d R' ng w, n z4ltaw ; tY i i?. I. C" fiS,.4 4 tL Em lg+gij i'.t ). r-lti!l q
COMMONVAALTH OF PFNNSYLVANTA
COUNTY OF -_. --- ; ss
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COMMONWEALTH OF PENNSYLVANIA
,X nl INITV nF. CUMBERLAND
Dist No,
09-3-05
MDJ Name: Hon.
GAYLE A. ELDER
Address: 507 N YORK ST
MECHANICSBURG,
7eiennona:(7.17)' 766-4575
PA
17055
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME and ADDRESS
IkARTIN JR, THOMAS B,. ET AL.
329 LAMHORNTOWE RD .
WEST GROVE, PA 19390
L J
VS.
DEFENDANT: NAME and ADDRESS
1-RACH, LORI ANN
1215 MCCORMICK ROAD
MSCHANICSHDRG, PA 17055
HELEN E. MARTIN L J
329 LAMSORNTOWiN RD Docket No.: LT-0000215-05
WEST GROVE, PA 19390 Date Filed: 6/07/05
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
Judgment-was entered for, - (Name) XARTIN JR,, THOMAS Sv ET AL.
Judgment was entered against _LEACH, LORI ANN in a
® Landlord/ Tenant action in the amount of $ 135.50 on 6115105 (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 Appplied
Rent in Arrears $ .00 - $ .00 =
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.
Date /v' t ? - 1 6 U -?( , Magisterial District
Date , Magisterial District
My comp ission expires first Monday of January, 2006. SEAL
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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 A 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?(tt7ey for
Helen E. Martin jv
P.O.Box 392
Kennett Square, Pennsylvania 19348
(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.
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. On or about September 24, 2005, both the Owners and the tenant executed a certain
written Agreement, hereinafter referred to as the "Annex lease," which extended the
lease to cover other premises on the land owned by the Owners near the other
buildings and land rented to the tenant, a true and correct copy of which additional
writing is attached hereto, marked Exhibit "B," and incorporated herein by reference
thereto. The Annex lease was prepared for the parties by Thomas E. Martin, Jr., one of
the Owners.
7. 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
Tenants to the Owners in timely fashion.
8. By Exhibit "B" the tenant and the Owners were obligated to comply with those
same terms of the lease with respect to the other premises in consideration of additional
sums of money agreed to be paid by the Tenants to the Owners in timely fashion.
9. The tenant has failed to make full payment of the rent reserved to the owners and
by counsel on March 18, 2005, advised the Owners that tenant no longer would honor
her contract, claiming that the Owners had breached it.
10. By paragraph 23 of the lease tenant agreed that if she violated the lease the
payment of rent would be accelerated and she now owes the balance of the rent
reserved.
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
No. 05 -- Civil
CERTIFICATE OF SERVICE
i hereby certify that a true copy of the Plaintiff's Complaint was served
upon the Defendant's counsel by ordinary United States mail, postage
prepaid, on June _I` , 2005, addressed as follows:
Glenn R. Davis, Esq.
Latsha,Davis,Yohe & McKenna, P.C.
P O Box 825
Harrisburg, PA 17108-0825
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
G
June 2 2005
. M RESIDENTIAL LEASE
Lit
LANDLORIt`S DUST ESS I MATIONSH IPA LICENSED DIiOKEIi
BROKER Co any) PBONE
AGENT FAX
ADUItESS
Dnlit led Agotlt for Landlord,Rappaka
OR
Broker la NOT the Agent for Landlord and Is elan: ? AGENT FORTENANT ? TRANSACTION UCENSEE
TENANT'S BUSINESS RELATIONSIIIP WI7'II PALICENSED BROKER
DROXER (Company) PHONE
AGENT FAX
ADDRESS
Designated Agent(i) for Tenant, If applicable:
OR
Broker Is NOT the Agent for Tenant and D Nan: ? AGENT FOR LANDLORD ? SUBAGENT FOR LANDLORD ? TRANSACTION LICENSEE
Wilson me esme aruker Is Drakes forfan lord and Brakerl"Iteaan4 Brokerk a DuslAgentAll ofOrohesS Ramses am aW DualAgeub UNLESS there
an separate Designated Agents for laodkrd and Tenant. If the same Licensee Is designated for Landlord and Team, 1M Uremeo Is a Dud Agent
Broker(s) may perform services to assist unrepresented parties In complying with the terms of this f eme.
1 1.
a
a
a
a h
7
a CIO
B 2. COSIGNERS
to Co-signers: _
late foes, damages and other costs.
it
iz Each Co-signer is individually responsible for all obligations of this Lease, including rent,
is Co-signers do not have the fight to occupy the Properly as a Tenant without the Landlord's
N 1. LANDLORD CONTACT INFORMATION
to Rctllel Paymc
to Payable to:
' ;7 ArWress:
to R/-f.,:l'hoae:?%damages and other costs.
ten permission.
Maintcnaac Requests,
Contact:
Address:
Phone: ge?
Fax:
t
a
a
4
7
6
7
a
s
10
It
to
13
14
to
It
It
to
'.
7 aft G/p- ?L 908 7 ]t LNTA . T .liM ,,?
as 4, . ST A R1'AND F.ND DATES OF LEASE (also =Ilal'Term'? 1QQ6 20
zt
' zt (A) Start Date: r rya/ at /?? r.
(?- -• . x- is aai ? ?
a.m zt
. (13 End Date:
(/ am
m zz
. za S. ,
. RENEWALTERMgheckoae)
24
? This Lme will AUTOMATICALL RIINC V fur a Icrm oP ,r .?
¢?e (also called the zs
24
zs "
. Renewal Tenn' at the End Dale of this Leese oral the'end of dhy Itenewnl Term unless: zs
36 1. Tenant giv=Ledlod at least J.tys written notice before Cltd Date or before We end of any l(cncwnl Tam
OR zs
n ,
2. landlord gives Tenant at Least /n CT Jays written Iwtics betme IIiW Date orbeforo Bte em] of any Renewal Term. n
za ? This Lease will TERMINATE on the End Dale unless extended in writing. zs
zs 6. RENT AND DEPOSIT -
RENT
zs
ao
at (A) Rent is due in advance, without demand, on or before the -,Z der of each month.
O The total Rent due each
f¢
thi
f
-
r 30
32 mon
s:
aA.tJ
i
-7 .
.. ,sr„e.(?td,,... .. l4S
dO ...............:S/??? t y-.var.
(C
Th
t
t
l
)
e
a
o
amount of Rent due du ng the Term is: ..........:.. .................... ...............5 L .! O !v
,. 32
err (D) If Real is more than _X days late, Tenant pays a Late Charge oL• /.62.?d ...............................5 •' as
14 (Lt) All other payments due from Tenant to Landlord, including Late Charges orutilitycharges,aroconsidered t AJJilional 34
as .
RML Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent. as
30
al (F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will be applied ss'
. against tho currant Rent due.
p' err
as
as (G) Tenant will pay a fee of $'K0,
for any payment that is returned by any financial institution for any reason. Any as
Late Citing= will continue to apply until a valid payment is received. as
44 y
(if) Landlord will accept the following methods of paymenc ? Cash 'Money Omer -[ (Pefeoual Chcx;k 40
41 ? Credit Cads ? Other: ? Other: 41 .
42 7.. PAYMENT SCHEDULE
I Due Date Paid o-, Due 4z
43 r
(A) Security Deposit, held in escrow by: ,cam $Z L 5 43
w Held at (financial institution): 44
45 (B) First morall's rent: S $ 45
4a (C) Ober.- as) .J >c 7,.t 9 9 /- d S S E'yD• N 4e
47 (D) Other(/ S S ', 47
43
49 ' TO(ol Rent and security deposit received to date :..........................„..„..,,„......._.....;
T 43
•
50 otal amount due .„ ................ „. .P1.as% Y S.1 4
.....................„..„..„........„..„...........
t
-• s
b
n
1
ant Initials: I
tLit I-age I of 4
Lou or; Initials
r`?
1
`
a.
e
?
' I IJ PomlayNaeda Aaaoeiad"of _ CDIYIIICIITrWN3VLVANre liNVV?++.w „?..?.. ?. ._ .---
I
61 8. RETURN OF SECURITY DEPOSITS (see Infornullon Regarding Security Deposits an back) at
62 (A) When Tenant moves from the Property, Tcoard will return all keys and give Landlord wrincn notice of Tenant's new moil. 52
al ing address where Landlord can return the Security Deposit. 53
e.4 (D) Within 30 days after Tenant moves from the Property. Landlord will give Tenant a wrilun list of any damage to the 64
66 Property flat Landlord claims Termal is responsible for. 56
e.6 (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit at
n will be returned to Tenant within 30 Jays after Tenant moves from the Property. - sr
CARE AND USE Or PROPERTY
se. 9. USE OF PROPERTYAND AUTI[ORIZED OCCUPANTS s9
so (A) Tenant will use Property as a residence ONLY. so
^• so • (D) Not mom than ple will live on Property. List all other occupants who are not listed as Tenants in no
at paragraph 1:. at
63 10. POSSESSION is aa..i' / 4aA' e .
64 (A) Tenant may move In (take possession of the Property) on the Start Date of this Lease. 64
as (R) If Tenant cannot move in within ?•? days after Start Date because the previous tenant is still there or because of as
as property damage, Tenant's exclusive rights are to: as
or 1. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property ay
ea is available; OR as
so 2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on rho se.
ro part of Landlord or Tenant. re
71 11. LANDLORD'S RIGHT TO ENTER yt
72 (A) Tenant agrees that Landlord or Landlord's represenintives may enter ilia Properly at reasonable houna to inspect, It pair, 72
n or show the Property. Tenant dons not have to allow possible tenants to enter onto" they are with the Landlord or 73
A Landlord's representative, or they have written permission from the Landlord. re.
rs (D) When possible, Landlord will give Tenant-, r_ bourn notice of Ilia date, lime, and reason for ilia visit. rs
re. (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was r6
n there and why within 24 hours of the visit. IT
ys (D) Landlord may put up For Sale or For Rent signs on or near Property, To
» 12. CONDITION OF PROPERTYAT MOVE IN - ' re. ,
so Tenant has inspected the Property and agrees to accept the Properly "as-is," except for ilia following: w
at at
al e.3
93 13. APPLIANCES INCLUDED 63
u ?if Stove 0 Refrigerator d'q Dishwasher ? Washer ? Dryer .},,. Garbage Disposal ? Microwave as
as Air Conditioning ?Other ?Other es
se. Landlord Is responsible for repairs to appliances listed above unless otherwise stated here: as
ev sr
as 14. UTILITIES AND SERVICES es
so Landlord and Tenant sitme to pay for the charges for utilities and services provided for the Property as marked below. If a scm. se.
vo ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not respon- gee
of sible for loss of service if interuptod by eireurnatatlces beyond ilia Landlord's control. at
03 Landlord Tenant Landlord Tenant 02.
el NS's pa pa s aye. s3
i w ? {9 Cooking Gas pays
Conditioning 04 '
0s , ? Rlectricity, ? ?Cable Television 05
06 ? ieal, 0.:;z ? ? j
Condominium Fee 04 - t
art ? 'Not Water ? ? Parking Fee art i.
0e ?m ? Cold Water ? ? Maintenance of Common Areas ve
» ? IiZTrash Removal ? ? Pest/Rodent Control 99
104 ? Sewage Fees -L9 Snow/Ice Removal too
• ' ,
lot
102 ? ? Sewer Maintenance ? $1 Telephone Servicy, lot i
toz e.8 - V Lawn and Shrubbery Caro ? .$? n p-?..r?..?la drnXl.e a?r2.e?, t02
103 ? - ? Neater Maintenance Contract ? ? f .103
.. too - Comments: 104
tag Is$
IN 15. TENANT'S CARE OF PROPERTY • tea t
ley.''.:;..(A)s Tenant will: .. for
. 106 L Keep the Property clean and safe. toe
.. 109 2. Dispose of ell trash, garbage and any odor waste materials as required by Landlord and ilia law. 160 ?-
Ila 3. Use earn when using any of the electrical, plumbing, heeling, ventilation or other facilities or appliances on the 110
flt Property, including any elevators. e.1
113 r .
4. Tell Landlord immediately of any repairs needed and of any potentially larmful health or environmental conditions, t+a;
M 5. Obey all laws. .113 i
+14 (D) Tenant will not: 114
its 1. Keep any flammable, hazardous and/or explosive materials on the Property. 115
lie 2. Destroy, damage or deface any part of ilia Property or common areas. 11e
m . 3. Disturb the peace and quiet of other tenants or neighbors. tar
eta 4. Make changes to the properly, such as painting or remodeling, without the written permission of Landlord. Tenant va
tie agreca that any chpnpes or improvements made will belong to the Landlord. - +to.
130 5. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any.. 124
131 (C) Tenant is solely responsible to pay ilia costs for repairing any damage that is the fault of Tenant or Tenant's family or 131 - '
. 122 guests. 1122 r
133TenantlnWals:LR Page 2or4 Landlord Initial
• C'? It ?+)J tA-rf_ ? '?
' Ile 16. SUBLEASING AND TRANSFER 124
125 (A) Landlord may transfer this Lease to moilher landlord. Tenant agrees that this Lease remains the Santa with the new its
126 landlord, tan
127 (B) Tenant may not transfer this Lease or sublease (rent to another person) the property or any part of the Property without 121
ue Landlord's written permission, lie
129 E7. PETS 129
179 Tenant will not keep "allow any pets on any part of (lie property. union chocked below. 130
121 ? Tenant may keep pets with Landlord's written permission according to the terms of the attached Rules and Regulations. 131
iu 18. RULES AND REGULATIONS 132
133 (A) Rules and Regulations for use of the Property and commdn areas areauachad. ? Yes ? No 133
w (D) Any violation of die Rules and Regulations i9 a breach of this Lease. 134
135 (C) Landlord may change the Rules and Regulations if the change brnefhts the Tenant or improves the health, safety, or wel- t3s
130 fare of others. Landlord agrees to provide all changes to Tenant in writing. 139
137 (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws, 137
. 138 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS 138
139 (A) Landlord has installed smoke detectors in the property. Tenant will maintain and regularly test smoke dclmtors to be sure 139
140 they are in working order, and will replace smoke detector batierici as needed. 140
141 (B) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. 141
142 (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of U2
143 any broken or malfunctioning smoke detectors is a breach of this Lease. us
144 (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these 144
145 systems is slated in the Rules and Regulations, if any. 145
146 (E) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems. 146
147 20. LRADZASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 147
148 ? Property was built in or alter 1978. This paragraph does not apply. 143
149 ;9 Property was built before 1978. Landlord and Tenant must provide infurniation in this paragraph. 149
1st (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: in
let _ Landlord knows that them is dead-based paint, or that therm are lead-based paint hazards on the Property. Landlord 1si
152 must explain what Landlord knows about. the lead-hosed paint and hazards, including how Landlord learned that it is2
1s3 is them, where it is, and the condition of painted walls, him and other surfaces. Landlord must give Tenant any 153
154 other information Landlord has about the Iced-based paint and lad-based point hazards. 164
165 (B) Landlord bas me reports or records about lead-based paint or lead-bared paint hazards on (lie Property unless stat- 15s
160 ed below: tea
1sT _ Landlord has given Tenant all available records and reports about Iced-based paint or lad-based paint havuds on 157
Ise die Property. List records and reports: 156
159 159
100 (C) Tenant initial all [hat am true:' 160
tot - Tenant has reaivad [Ire pamphlet protect your Family From Lead in Your 11ome. lei
162 Tenant has read Ota infornaton given by Landlord in paragraph 20 (A) and (D) above.' 102
163 Tenant has received all records and reports that Landlord listed in paragraph 20 (B) above. tea
164 (D) Landlord and Tenant artily, by signing this Lease, that the information given is two to the best of their knowledge. 164
in 21. DESTRUCTION OF PROPERTY 105
lot (A) Tenant will notify Landlord or Landlord's agent immediately if the Property is severely damaged or destroyed by dim or 108
167 by my other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition in ilia Property that lot
lee could severely damage or destroy the property. 160
169 (B) If that Property is severely damaged or destroyed for any mason:. too
170 1. Tempt may continue to live on Ota livable part of the property and pay a reduced rent as agreed to by Tenant and 170
171 Landlord until the damages am repaired. OR 171 ,
172 2. If the law does not allow Tenant to live on the Property, this Lease is ended 172
173 (C) If Lease is ended. Landlord will return any unused security deposit or advanced rent to Tenant. 173
174 '(D) ICTcnmt, Tenant's family, or Tenant's guests cause damage by fire or by other mans, this Lease will remain in effect and 174
its Tenant will continue to pay rent, even if Tenant cannot Occupy the property. its
176 22. INSURANCE AND RELEASE ire
177 (A) -Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenant's guests. Tenant is try.
III advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be, its
V9 injured while on The Property... .. ^ III
too ? IF CHECKED, Tenant must have insurance policies providing at least $ property insurance in
lei and S liability insurance to protect Tenant, Tenant's property and Tenant's goals who may lei
te2 be injured while on tie Property. Tenant must maintain this insurance through the write Term and any Renewal Term. tee
143 Twant will provide proof of insurance upon request. 183
184 (B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on ilia Property. 184
iu (C) Tenant is responsible for my loss to Landlord caused by 7ensnt,Tenant's family orTenant'e gnats, including attorney's fees, 'iss
ENDING LEASE
104 23, LANDLORD REMEDIES IF TENANT BRRACIIES LEASE Ile
1n (A) If Twant breaches Lease for any reason, Landlord's mmedia may include any or all of the following: 107
Via 1. Taking poeaeedon of the Property by going to wart to evict Tenant. Tenant agrees to pay Landlorps legal fees and its
tot reasonable vats, including the cost for Landlord or Landlord's agent to attend court hearings. In
Ito 2. Filing a'latveuit against Tenant for mnta, damages and unpaid charges, and for rents and charges for the rest of the to
ton Lease temp. If Landlord wins (gets a money judgment against Tenant), Landlord may use the court process to gar- 181
192 nish Tenant's wages and lake Tenant's personal goods, furniture, motor vehicles and money in banks. 102
1w 3. Keeping Tenant's' Security Deposit to be applied against unpaid rent or damages, or both. 193
184 (D) If Tenant breeches Lease for any reason, Landlord can begin eviction proceedings wiiliout written notice. 194. '
its TENANTWAIVES OR GIVES UPTENANT'S RIG11TTO A NOTICE TO MOVE OUT UNLESS A DIFFERENT nos
ice NOTICE PERIOD IS STATED HERE: toe
111 1
97
in Tenant Initials: _ Lit Page 3 or4 Landlord loft la G"")e)W 19
w \
J%J( , U- If
,
199 24.
• TENANT ENDING LEASE EARLY tog
206 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
rot ten permission of Landlord, and only ?if?:/? 261
202 (A) Tenant gives Landlord at lout :j N days written notice, AND 202
202 (B) Tenant pays Landlord a Termination Fee of J//d , AND ear
2" (C) Tenant continues to pay all rent until the Bnd Date of the Lease, or any Renewal Term, or until a new lcnont is approved 2e4
205 by Landlord and a new lease takes effect, whichever. happens first. 203
204.25. ABANDONMENT 2"
207 (A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right to take possession of the property mT
249 immediately and to rent the Property to another tenant. 209
209 (D) Any of Tenant's personal property or possessions remaining on (lie Property offer Tenant moves out will be cmuidercd 209
210 to be abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any man- 20
211 nor determined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property., 211
212 26. SALE OF PROPERTY 213
213 (A) If Property is sold, Landlord will give Tenant in writing: - 212
214 1, Notice Out the Security Deposit has been given to the new landlord, who will be responsible for it. 214
215, 2, The name, address and phone number of the new landlord and where rcpt is to be paid, ifknown. 215
216 (D) Tenant agrees dint Landlord may transfer Tenant's Security Deposit and advanced rcpt to ilia now landlord. 210
217 (C) Landlord's responsibilities to Tenant under this Leasc end after the Property has been sold and the Lease transferred to a 217
219 now landlord. 219
216 (D) If Landlord sells the Property during the Lease or any Renewal Tom, Landlord has the right.to terminate this Lease if 21n
226 Landlord gives at least (o 0 days written notice to Tenant. Tenant is not entitled to any payment of damages. 220
221 27. IF GOVERNMENT TARES PROPERTY 221
222 (A) The government or other public authority can take private property for public use. The taking is called condemnation. 22?
223 (B) If any part of the Property is taken by the'govemmcm, Landlord will reduce Tenant's rent proportionately. If all the 221
2u Property is taken or is an longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any 224
226 unused Security Deposit or advanced rent. 225
226 (C) No money paid to Landlord for the condemnation of (lie Property will belong to Tenant. 228
ADDITIONAL a ERMS
227 20. , TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. Tie 22,
229 rights 6f the mortgage lend" come before Ole 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.) 220
230 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT' UNDERSTANDS TIIAT IF THERE no
231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE, 231
232 29. CAPTIONS The headings in this Leone are meant only to make it easier to find ihe•poragraphs. 232
233 30. , ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- 233
211 menu made before ore a part of this Lease unless they am included in this I== in writing, No waivers or.modificalions of 234
235 this Lease during the Tenn of this Lease are valid unions in writing signed by both Landlord and Tenant 239
236 NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant Is advised to consult an attorney.. 236
237 If Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge recelpt of the 231
236 Consumer Notice as adopted by the Stale (teal Estate Commission at 49 Pa. Code §35336 and/or §35337. 236
260 By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory Infer- 239
24a motion set forth I this Lease 240
/7
24 WITNESS TENANT vW a_ DATE" ?_ s- ° y 2H
/
242 WIT NESS
TENANT -DATE 242
243 WITNESS TENANT DATE 241
244 WITNESS COSIGNER DATE 244
us WITNESS
.. 24a WITNESS COSIGNER DATE
247 WITNESS LANDLORD DATE4nclinro,
245 WITNESS LANDLORD - / r t•6(/t' .. DATE
u9 Brokers%loonsces' Certifications Dy signing here, Brokers and Licences involved in this Transaction certify Wok () 250 tion given is We to the best of their knowledge; AND (2) They have toll Landlord of Iamllord'e responsibilities under the Resides
' fN T .+A A+.d n-:-? v......1 n-i._...- ? _. nn n ? • .n.,. o , .. __
• I
245
246,
N
bn :.,
244
RULES, REGULVI'16NS', AND SPECIAL CLAUSES.
Marked items are a'part of the lease for (Property Address)
?- #1 - PET'CLAUSE - (SEPARATE FORM)
. 02 - MILITARY CLAUSE - (SEPARATE rORM). '
• 113 - OIL TANK CLAUSE .
Tenant agrees that oil tank is /e& full.. at start' of lease
and Tenant- upon ending, date will hags tank at same. level.
Tenant agrees to buy o1I fromw;.„.e„?'?'.Lt.f,[Y, ,
0 U4 - 'PROPERTY.FOR SALE CLAUSE'
Landlord shall have the right- during reasonable hours' and
weekends with 29 hours notice toshow 'said property for sale,
provided that a,buyer is with a licensed real estate agent.
Lock box and sign are to remain on the property during the term
of the listing contract.
U 95 - 'IREP.6ACE CLAUSE
Fireplace will 'be inspected and/or,. cleaned prior' to start date
of lease. Tenants agree to have'. fireplace Inspected `and/or
cleaned wXthin • one month. of ending date and provide' a copy of
inspection of fireplace.
16 - LAWN CARE CLAUSE
Lawn care is described as cutting grass once a week, edging and.
weeding flower beds and shrubbery trimming.
Q 07 -.}IOMEOWNERS, ASSOCIATION - LAWN & SNOW, '
The Homeowners Association Is responsible jor lawn.care'and snow'
removal. Neither the Owner/Landlo'rd nor Jack Gaughen Property
Management'is responsible for these',services.
0 110 - NO SMOKING CLAUSE
Tenants agree not to allow smoking inside the houae at anytime
by themselves or Guest.
0 J19,-'GUARANTOR CLAUSE
I (We) do agree to be responsible fqr the true and faithful
performance of the lease to the. Landlord,. on the. part; of the
'named tenant(s) wand. I (we) do guarantee any and, all sums due'to
Landlgrd,thereunder. This. guarantee shall be in effect for the
term of the lease.
1110 - RENT PAYMENT CLAUSE
The ntont-hly rental p yment will be paid with one check.'
0 fill - HARDWOOD FLOORS CLAUSE
.Tenant agrees to protect the hardwood.floor(s) by. covering 00%
with area, rugs and. hallway runners. _
0 '412 - WELL WATER TREATMENT CLAUSE
Tenant will buy and use the salt supply for the' wat-e•rsoftener'..
Any damage from discontinuing use of water softener will be
charged to the Tenants. -
. s : ` ' ...
. 0 x.413 BARKING DOG CLAUSE
Tenant 'agrees"that.,'-,f'•the 8ogls barking disturbs the neighbors,
Tenant. shall-immediately remove same from premises, .
.1114 -.ADDITIONAL SPECIAL CLAUSES
tmt d or lAtallo 'e Toumd
Dole: Date:
Revised VIV01
i 1.
61
'YOtW;`..TERMS &. $7$CTl1L.CONDx7'YONEI ,01` Lo SE; /
: people, will live., on propbs: y'Y ..LSet pll neloae. ,heref
" * Nqt 're. 1: 11a1i
• :,
ddeata are permi,tted.• A'guepq Se a'viaitor,for•ti+o".(Wwaeke Oe Adlis..:.
'TENANT UTILITIES. .. CDHPANY' 'PRONE tR1NDER
1101 Water is t. '•
... Electricity Shc.' • /J90j_: 7.1
:%?.. ;Cooking ins 1=----LL""_-„
.. 'Water ins
?96wei Ser . '
*Traah removal in
f. ?•'I`j76,pyr, ?' 1 ?Qa ?i .?S?•f`•T
lleaociation Fee "
"Filter replacements ?'• '
Telephone in: . ? ta. .,J. dq" 640-^0 2Yf-
,.. .:.,
.. . TV Cable let
Co%v?l . '... ? . . . . :.
CARPET SUMOOOINO
Tenants will have the.carpeL-s pioEeaeioeally:ehampoded aE;the -end of the
''M^••"'lease and must provide a receipt to Landlord. : i.
'.p$T POLICY ,
. No pets. or anf:male of any kind are partnltt',ad on 'or plthih hhaleaead
{
...,propbity except as described below:` ..
PET_ C dE•.attaoLetl no part; of tfd'e'le8sa: L1 Yea No
bISCLUSUR$St -
Landlord ban aaade'the following 'diecloauree`regaxding tike propetty,which
'Ate attached and:M a -part + Othl0 Lease agreements,
„Hater. Potability .CY septic ?
- + TEnM7tNATION .Or':LEABE . ... ::. , :..
±> Tpfient ag%410. that ;a full mankfi! preft,ie doe for any month'1n which there
pertiit :5ocupinay at •they CBrndHation of 6e. lease.
.;; APpLi'ANCEe. AND IMMORAL 11n PO ti;f ;INCLI?OED <HITIt: PhUPEhTf2
r?S r' ':,? 'he applianoee'below ars'provld68 Eor L'ha :'Cehant"a uea, Landlord ip ., i
?y? s J ifAsibla, or the-repair or.replacementi,oE•Ehebe Stales Tedpnt meet tell
jy y 1rpA lord SE any of'theee items are not working propdrly,
• refrigerator range/stove : 7dlehHadhet I?-y' 0atbdge?•dl6pooel
? washer . ? •dryer LJ lawn' mower, W' -fteeret
window unit air, conditlohers to
,. 4'.. ) ?_
,:`1 The applieiice6/iEetdsrmdrke 1. off below ate piovidad'fot Lhb.-TeneaNause. '
i " • Lendlotd Sb' NaT'iresdgllsiiil tl'f.Eor the 'repair .or repla8eeiaht. of$,.tband iEssmd ', M
:i'.. iepaiO 'are nbeded„ Tsusaet .may decide to'rappir: th0da.¢tpma ,dt the Tanant'e '
:,,.expenep-r: -Landlord still owns thea0. item's.. Tenant fiNet': tell' Lapol,6yr! if'shy .
Ste:a:ie not working properlyi , Landlord naa' right tc.datlde-Nhfidnii to' remove
. the item:
.? -refrigerator .11. waaher? ? ' dryer LJ• lawd•nwwer ? lreeiar .
window unit air ao hies rs ' i.
XJW&LORD'S 9IGNATUR G'L DATE`
_':;. MANAGYNG AGLNT'9 SIGNATURE DATE,.
"ALISTING AGENT'S S;GNATURE DATF.?
'''1:TLNANT'9 SIGNATURE' 1 5 'DATE' ?._.?.-0 ?.
,'°'.'TBNANT'S,9IGHATUR$ - bAT$;:. r
'TENANT'S SIGNATURE ?- DATB
ukll,
,08/04/2004 12: 55 717-249-899(3, JGR ERA CARLISLE
8d/13/2804 15:19 717-249-0999 JOR ERA CARLISLE
JACK GAUGHEN REALTOR, ERA
RENTAL AND )PROrERTX MANAGEMENT
PAGE 09/10
r,wc u„ u2
ADDENDUM TO EXCLUSIVE IUGUT TO RENT AGREEMEN'T'
Date ofl,isdng: 111-61 G !ice 1 A
ProportyAddrass;? ti2_ _t-l.r?['?•rn1c`.?,j',• B-0na }try
Owoa(s):? n_ 1ae Iirlrn ? In
OWNERIS WATER SUPPLY DISCLOSURE.
We, the undersigned Owner(s) acknowledge that our water supply is provided by private well
situated on the propctty. We fuvtber acknowledge that?yo havq e?vis Jack Gaughan Realtor,
ERA Property Management through their agent, .=°.,clern WP_?e'' that:
P1nca a ('? where eppllcnble:
To the best of our Imowledge, ery/our water somw is potable wd safe ibr burnan
consumption whbouttreabmrnt.
Q My/ourwatersourcak not safe for hunLw consumption
17 My/our water source is potable with the use of
Type of Treamtaut
? Not applicable. Water supply is public.
OWNER'S PRIVATE ON LOT SEWAGE SYSTEM DISCLOSURE
We, the uadersigned (
on-lot sewage systa t;
Place a (+) where applicable:
0 ComeWooal aoptio system
*'-- Sand momd septic system
? Bolding tank (no drain fields)
? I',onpool
0 Otbm;
To the but of our knowledge„ our private on-lot sewage system is is good worldng order, with the
following a oeptioa:
Data r( ( o Lmdlotd:
Date. f?T?C? Landlord: ?,
Data Landbtd _
1
t It It Q
U
t?l
i
V.• i •0010412004 12:55 717-249-0999 JGR ERA CARLISLE
Date: .,,w...,,.... PACQ 10110
(21
TLNANMS ACKNO WLLDGMGNT
Tmwgs) heteby acknowl*dge Owner(s) disdesuro tcgardingTha watcr supply and privma moot 9owago
"em semoingthe above mondonedpropaty. Y
Data: Tenant; _ ?Lfyr 4i Q •?-
Data: TmtanC /] -
Date: Tcnenc
lzrv. 10199
i
AGREEMENT
This ' day of September, 2004; Thomas E. Martin, Jr.,,and Helen E. Martin,
brother and sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
called "the, Martins," and Lori Ann Leach, of 1215 McCormick Road, Mechanicsburg,
Pennsylvania 17055, herein called "Leach," do agree as follows, intending to be legally bound:
The Martins hereby lease to Leach a portion of that certain utility building near the barn
at 1215 McCormick Road, Mechanicsburg, Pennsylvania, known to them as the "Annex,"
under the following terms:
The building may be divided into four areas: (1) The large `A-frame' main room,
including the bar area and the room behind it, as well as the furnace/utility room; (2) The
sauna, laundry and shower/bath room; (3) The garage area, including the gun safe; and (4) The
upstairs rooms, including the landing connecting the upstairs rooms with the second floor
outside door, the outsidestairs, and the inside'stairs.
1. Beginning October 1, 2004, Leach shall have the exclusive use of the large main
room,, except that she will not use it after 6 PM on days when the Martins notify her in
advance that they or their guests will be occupying the upstairs. The parties shall share use of
the inside stairway and upper landing, as reasonably appropriate, for their joint use of and
access to the sauna/laundry/shower room area.
2. The Martins shall have exclusive use of the upstairs and the garage area at all times.
3. • The Martins and Leach shall share use of the sauna/laundry/shower room, with Leach
having primary use from 8 A.M. until 6 P.M. on most days,, and the Martins having primary
use from 6 P.M. until the next morning at 8 A.M. on most nights.
. 4
4. Leach shall pay the monthly rent of $600.00 on or before the first of each month, in
addition to the rent she pays for her use of the main house.
?*H/ev7 8 _ /),
5. The term of this lease shall be co-extensive with the term of the lease on the main
house, provided, the amount of the monthly rent shall not increase until at least January 1,
2006, at which time the monthly rent shall increase to $650.00.
6. Since they will share use of the building, perhaps at the same times, both the Martins
and Leach shall not make unreasonable noise in or around the building at any time.
7. If the difference between the costs of electricity, fuel oil, and other utilities for the
entire building during the period of December 1, 2004, to May 31, 2005, shall be more than
150% over the base period December 1, 2003, to May 31, 2004, then the Martins and Leach
shall negotiate the terms of this agreement in June, 2005, to provide for Leach to bear a
portion of the costs of such items.
8. The general terms and conditions contained in the Lease between the parties as to the
main house shall apply to this lease, except the use of the portion of the Annex leased shall be
exclusively as a photographer's office and gallery, not a residence. All obligations of Leach
herein with respect to use of the building shall apply to herself, her customers, employees, and
guests on the premises. No portion of the property shall be used as a "darkroom" for use of
chemical development of photographic film, or similar use.
(SEAL)
(SEAL)
(SEAL)
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CO%IMO`V'WVALT}r OF PF NNSYLVANIA
COONTYOF Ches e_r_. ;,s
AFFMAV{T: f,,m 1r l 7 ed
,k , , Pi rle, :V ari ;e of Appeal. Coro mor Plea, No 05-.-3245, ,.r?t„r rh, D str ci J.?,t c' rj" fer <, ? , r
tale of June 27 211) .0 5.- I by 7,t,rsor ai sr" o ct s ,y ,e t i t,! xxxx'XX Tv .l ,.t t,,. "'Ir vv!,?, ,heopp, le gL3/irc} _ Lor.i_Annn Leach
byp rso 1,21 a,cver rXl of fcc?fiiie'UX }f fl n'a sonuar' r; r.lP h,ed ho,,[:,
June 27 _05
and qU"ei that { sr rved the Rule to F Ile z. Corr, t,launt orcorlParW rq thY a,hoee Nonce „t App: of ,,pur tnu a(ipa 6't i J o,
aa`,o:n ri Hwe mds 'ddretsod or -26 by icPrl ' i di I, egate ec!I
and t s" ride t s r. ce,p( ]tt ached iG E t0
t rtt',Pt;t ,1HMt.0?r ICr si,t,r rt,'t:, t-•'d1
''fai 7th I.?AY F June OS _ _... ----?-? - - --_-
- - Sena arc of oUrnn!
_
$q?4+(,ux-o?n"ne:iu?peto wl?r-nr-affrd ras e>rPt1e
LUe n? oHmmt
My cerrrn,lsslon exrnre m,
NOTARIAL SEAL
-L;-:E TROUT, NOTARY PUBLIC
SQUARE BOROUGH, COUNTY OFCHESTE
AMISSION EXPIRES FEBRUARY 4, M
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
C[IMSERLAND COUNTY, PENNSYLVANIA
JUDICIAL DISTRICT
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. T& HELEN E. MARTIN 09-3-05
woow,o ov w•n.c?w rvr uw -"? ^G"* ?.E - i
.• coos
329 LAMBORNTAWN ROAD WEST GROVE PA 19390
6/15/2005 rv THOMAS E. MARTIN, JR. ST AL LORI ANN LEACH
-
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P.
R.C.P.J.P. No. 10088. If appellant was C/aima /see
This Notice o Justice, he
a SUPERSEDEAS to the judgment enty (20)
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(71 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 , appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attorney or agem
RULE: To appellee(s)
Name of appellee(s)
0) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) clays after the date o
service of this rule upon you by personal service or by'certifitd or registered mail.'
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
CV 20
0% _ 215
a.
f Appeal, when received by the District Justice, will operate as No. 1007(6) in action before District for possession in this case. MUST FILE A COMPLAINT within tw
days after filing his NOTICE of APPEAL.
L_T 20
NOTICE OF APPEAL
FROM '
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. lYtz-3ff-r- 314?
131 The date of service of this rule if service was by mail is the date of mailing.
Date:
20
Signature at Prothonotary or Deput
AOPC 312-e4 COURT FILE
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PLEASE NOTE:
Copies of Notice of Appeal in Common Pleas Nos. 05-3244 and
05-3245 were mailed in the same envelope to Lori Ann Leach.
The original Certified Mail Receipt is attached to the
Proof of Service in case number 05-3244. Therefore, a
photocopy is attached hereto._ 4 17
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.
Plaintiffs No. 05-3245 Civil Term
VS. CIVIL ACTION
LORI ANN LEACH
Defendant
PROOF OF SERVICE OF NOTICE OF APPEAL ON
MAGISTERIAL DISTRICT JUDGE
Commonwealth of Pennsylvania :
County of Chester
SS.:
AFFIDAVIT
1 hereby swear or affirm that I served a copy of the Notice of Appeal, Common
Pleas No. 05-3245, a copy of which is attached hereto, upon the District Judge
designated therein on June 27, 2005 by certified mail, and upon the Appellee Lori Ann
Leach on June 27, 2005, by certified mail, sender's receipt for which was filed to No.
05-3244, in the office of the Prothonotary of the Court of Common Pleas of
Cumberland County previously. Copies of Notice of Appeal in Common Pleas Nos.
05-3244 and 05-3245 were mailed in the same envelope to Magisterial Di ict Judge
Elder. The original Certified Mail Receipt for the envelope to Judge er is attached to
the Proof of Service of Notice of Appeal on Magiste ' istrict dge in case no. 05-
3244, therefore, a photocopy ched hereto,, ,
affiant
Sworn and subscribed before me this
28th day of June, 2005.
(AV--0Ct0-') .?Q)c- h-1 (SEAL)
Notary Public
NOTARIAL SEAL
LINDA S. SASAKI, NOTARY PUBLIC
KENNETT SQUARE BOROUGH, COUNTY OF CHESTER
MY COMMISSION EXF1RES MARCH 8, 2006
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US. Postal Service
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CERTIFIED MAIL 'RECEIPT
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
COMpSB,?RLAND COUNTY, PONSYLVANIA
/'-• JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justici
on the date and in the case mentioned below.
TH01W E. MARTIN JR. U Kum 8. MARTIN 09-3-05
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6/15/2005 TWMAS R. MARTIN, JR. LIT AL LORI ANN LEACH
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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 or Prothonotary or Deputy
NOTICE OF APPEAL
If appellant was Claima (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 _
(Common Pleas No,
RULE: To
Name of appelleehl
appellee(s)
Signature of appellant or his attorney or alter
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty 120) days after the date r
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:
AOPC 312-04
20
Name of appelleeb)
appellee(s), to file a complaint in this appea
) within twenty (20) days after service of rule or suffer entry of judgment of non pros
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
No. 05-3245 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:
1. 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."
4. 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.
Ms. Leach has been contacted on numerous occasions to address the
outstanding balance in her account and arrange for payment.
8. 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.
]03766
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: 1311.5 IO'S
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By ?1 L.o
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
10766
C,,?jJ G
LATsHA DAVIS YOHE
& & McKENNA, PC.
ATTORNEYS AT LAW
PLEASE REPLY TO: Harrisburg
WRITERS E- MAIL:
gdavisCldylaw.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.
Ura ess otherwise agreed, we will perform services for you at our standard hourly rates.
Statements are due upon receipt and must be paid within thirty (30) days unless other
acceptable arrangements are made in advance.
Pose Office Box 825 • Harrisburg, PA 17108-0825
4720 Oid Gettysburg Road, Suite 101 • Mechamcsburg, PA 17055 • (717) 761-1880 • FAX (717) 761-2286
350 Eaglevrew Boulevard, Suite 100 • Exton, PA 19341 • (610) 524-8454 • FAX (610) 524-9383
3000 Atrium Way, Suite 251 • M(. Laurel, N] 08054 • (856) 231-5351 a 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. I 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 Arai Leach
99161
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:
Glenn R. Davis
1?-
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
LORI ANN LEACH,
Defendant
No. 05-3245 Civil
CIVIL ACTION
ORDER
DEC 1 9 2005
AND NOW, thisrYdday 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.
<i,,Q.6 Lj2- .
Rule returnable t 0 days from t o Is y
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Curtis R. Long
Prothonotary
Office of the Vrotbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
DS'- 3.2 q-;" 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