The URL can be used to link to this page

Home My WebLink About06-4025 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. "'. 7_/n?t ?- C • ?' 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Michael REBER 09-1-02 ADDRESS OF APPELLANT CITY STATE ZIP CODE 317 State Street Enola PA 17025 2006 MOLL and Esther MOLL vs. Michael REBER CV YEAR 0000022-06 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. -vwwm ro ryo 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 alter 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 Sterling MOLL and Esther MOLL appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. LJ (0 within twenty (20) days after service of rule or suffe entry f judgm of non pros. AA , 1'2.1 Signature of appellant or his atforrAy or agent RULE: To Sterling MOLL and Esther MOLL appellee(s) Name of appelle(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this 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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 17 Year l T - Signatm of P thonotary o White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN,(10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : as AFFIDAVIT: I hereby swear or affirm that I served El a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , ?by personal service ?W lostailid) (registered) mail, serxiers receipt attached hereto, and upon the appellee, (name , on , year , ? by personal service []by (certified) (registered) mail, senders receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year C] by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) 'AND SU4SC8IBk0,6EFORE ME THIS DAY OF ,YEAR S?naMB o/Aa7enr sgnah re of oatiaf befae Whom alMavif was made t. i Trot of ofaclef My commission expires on year ti.a `COMMONWEALTH OF PENNSYLVANIA r:rll INTV OP, CUMBERLAND 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Aaaesa' 1901 STATE ' ST CAMP' HILL, PA Telephone (717.) 761-0583 17011-0000 MICHAEL REBER 317 STATE ST ENOLA, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL VASE PLAINTIFF: NAME and ADDRESS ST AL STERLING ' L , . ROL , 518 N 2ND ST WORMLEYSBURG, PA 17043 L J VS. DEFENDANT: NAME and ADDRESS. rREBER, MICHAEL 317 STATE ST ENOLA, PA 17025 L J Docket No.: CV-0000022-06 Date Filed: 1/25/06 THIS IS TQ.NQ,TIFY YOW TT:, =PLAixrPIFF Judgment: FOR Fil Judgment was entered for: (Name) mnT.T., }}-r"T.T=3, 1eT 'T. 0 Judgment was entered against: (Name) oyaim, xrr water. in the amount of $ 3, 5a5.6o on: (Date of Judgment) 6/1 9/n6 Defendants are jointly and severally liable. (Date & Time) F Damages will be assessed on: Amount of Judgment $ 3.448.87 Judgment Costs $ 136.82 Interest on Judgment $ .00 This case dismissed without prejudice. Attorney Fees $ .00 Total $ 3,585.69 ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $-- --Y damages arising out of residential ---- - lease $ Certified Judgment Total $ ANYPARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OFAP.PEALWITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS; CIVIL DIVISION. YOU - - - MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. - L t{ (?tFDate .. , Magisterial Dtstridt,Judge I certify that this is a true Ind correct co0y b'f,1he record of.the proceedings corliaimng'the judgment. { Date ,+ piivfu M °4., xMaglsterial District Judge My commission expires first Monday of January, 2012. t `7 SEAL AOPC 315-05 DATE. PRINTED: 6/19/06 3:52:22 PM 11 d : w . v? -0 111- N t.n o m o- LEUM PA 17043 c- CAMP HILL PA 17011 M Postage $ ?, m Postage $ ENO `i? m Certified Fee $2.40 (tl Certified Fee ?A PostmazW? 02 Pcctma 9 ru Return Receipt Fee $1.8$ Q L Ylere L='?? ru Return Receipt Fee $1.85 Hai V 1 (Endorsement Raquned) 6 = G? ° ° (Entlorsement Required) ° 4 Restricted Delive F ° RereartlDelivery Fee $0,00 / p (EntlorsementRequired) $0•? dnQs` yti ° (Endoorsement Required) 0 O Ttal Postage & Fee. $ $4.64 ! °3 Total Postage & Fees $ $4.64 07( -1 Sent T, C3 s"Jud e Manlove ° 9trERLING $ ESTHER MOLL ° g e Dist No. 09-1-02 ---- neat, ------------------------------ ru orreegApt No. ° or POae.NO. 1901 STATE STREET ° erROeq. ' 18 N. 2ND STREET ° Clty. State. ZIP.d._------ --------------------- ...__-._..--......-....-------.-. WORMLEYSBURG PA 17043 CAMP HILL PA 17011 OF WYMOAF APPEAL trriJt•L° TO F"00W W (This proof h w( 41M4EIkj LB) DAYS AFT(R ON the notice of appeal. Check apbabte boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF Gd l%b X A as AFFIDAVIT: I hereby swear or affirm that I served ? .a copy of the Notbeo^^f Appeal, Common Pleas No. 0100-1102 (date of service) ??[[ receipt attached hereto, Ad upon the appellee, (name S?s 4-11! i year , ? by personal service l . upon the District Justice designated therein an (rettteterer0 mail, senders art to -I" Rt 111! on (certified) (registered) mall, undoes receipt attached heroic. and further that I served the Rule to File a Complaint accompanying the owe Notice of Appeal upon thie.gppellse(s) to whom the Rule was addressed on year. . . ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (" FMII 'NQ '•? . ` E4.11 ?E ME l If?rJt1, i?J/-, ,,. THj& DAY OF f YEAR f 17?? . L: ;f _ ., f 1. y svMmre w?a.u DO&Of sl ! cri `ry My commission expires on year W r'i J RIAL SEAL o t j ECLAUDIAP BAF(E I N07ARYPUBLIC CumbedandCounty Expires April 4, 2009 , . it COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /Y . ?!/?l_?? iU•'/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court grf Common Pleas an appeal from the judgment rendered by the Dis trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAO. DIST. NO. OR NAME OF D.J. Michael REBER 09-1-02 ADDRESS OF APPELLANT CITY STATE ZIP CODE 317 State Street Enola PA 1702S 06/19/2006 Sterling MDLL and Esther MALL vs. Michael REM'R OLAa1 NO. CV YEAR 0000022-06 SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT LT YEAR ??' This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) ?n aodon before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after Ming his NOTICE of APPEAL. rn # V C" 1 7 RA r 1L= WOMPLAIN I AMU'.MJMITp/FILW (This section of form to be used ?Mj:l "f A R.C.P.J.P. No. 1001(7) in art& before District Justice. IF NOT USED, detach from once of to be serve appellee. _ PRAECIPE: To Prothonotary Enter rule upon Sterling b13L &r Esther irO1_I appellee(s), to file a complaint in this appeal Nome of appelles(s) (Common Pleas No. within twenty (20) days after service of rule or suffe entry o judgm of non pros. "t or h1i I :c r RU6 T appellee(s) 1 Name of apppeaee(s) (1) You are notified that a rule is hafeby entered upon you to foe a comp to I vithin y(2 i 1 after the date of service of this rule upon you by personal service of:by ceitif or registered m (2) If you o not fil rs +? within this time, a JUDGMENT OF NONFROS WILL ? E ITTERED AGAINST YOU UPON PR (3) The da*iif;sdAdce of this rulg ll%i%ce was by mail is the date of the mailing. Date r-2 6rY, L r White - Prothonotary", Green CourtFile Cop`,I Yellow - Appelant's Copy 'r, - Pink - AppelleeCopy Gold - D. J. Copy Proth. -.76 STERLING MOLL and ESTHER MOLL, ) Plaintiffs ) VS. ) MICHAEL REBER, ) Defendant ) TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4029 CIVIL 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 80, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 STERLING MOLL and ESTHER MOLL, ) Plaintiffs ) vs. ) MICHAEL REBER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4028 CIVIL AND NOW come the above-named Plaintiffs, by their attorney, Samuel L. Andes, and make the following complaint in this matter: 1. The Plaintiffs are Sterling K. Moll and Esther Moll, his wife, adult individuals who reside at 618 North Second Street in Wormleysburg, Pennsylvania. 2. The Defendant is Michael M. Reber, an adult individual who resides at 317 State Street in Enola, Cumberland County, Pennsylvania. 3. The Plaintiffs own property at 621 North Third Street in Wormleyeburg, Cumberland County, Pennsylvania. In August of 1997, Plaintiffs rented to Defendant, pursuant to a written lease, a one bedroom apartment with garage at that address. A copy of the lease is attached hereto and marked as EXHIBIT A. 4. During the term of the lease, the parties, by mutual agreement, increased the monthly rent to $408.00 per month. 8. On or about 1 February 2008, without notice required by the lease, the Defendant vacated the apartment and stopped paying rent. As a result of his action, he breached the lease and owes rent to the Plaintiffs, at the rate of $408.00 per month, for the months of February 2008 through August of 2008, or a total of $2,838.00. 6. When Defendant vacated the apartment and garage, he left it in a damaged, filthy, and unsuitable condition and in a condition which prevented Plaintiffs from re-letting the property promptly. As a result of the damage done to the premises, and the filthy condition in which the Defendant left it, Plaintiffs incurred the following costs or expenses: A. Walls, flooring tile, and other portions of the bathroom had to be replaced or repaired at a cost of 43,300.00. B. Repairs to the kitchen sink and cleaning of the kitchen and refrigerator which cost 4139.81. C. Cleaning the living room and bedroom which costs Plaintiffs 472.00. D. Cleaning the laundry room and stairwell which costs Plaintiffs 496.00. E. Repairs to the kitchen window and down spout which costs Plaintiffs 420.00. F. Miscellaneous other repairs and cleaning which cost 4236.00. As a result of the above, Plaintiffs incurred costs to repair the premises and restore it to suitable condition, as it was at the time it was rented to Defendants, in the total amount of 43,863.81. 7. Plaintiffs have repeatedly attempted to recover the damages which Defendant owes them for the iWury damage done to the premises. In doing so, they have incurred costs, in the form of filing fees paid to the District Magistrate of approximately 480.00. 8. Defendant, by his conduct, has breached the lease between Defendant and Plaintiffs and has caused Plaintiffs injury in the amount of $6,748.81, plus interest from 1 March 2008. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of 46,748.81, plus interest from and after 1 March 2008, plus costs of suit. Samuel L. An es Attorney for Plaintiffs Supreme Court ID # 17228 828 North 12`" Street Lemoyne, Pa 17043 (717) 761-8361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.B. 4904 (unworn falsification to authorities). Date: 9/3106 . STRRUWG9 gtl, I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date:_ Z2?-2 Ti /,,e ESTHER MOTS, o(ol3l'ov ....v. ............ death hereby let unto That for A. D. 111/t. yielding and paying therefor unto the kswr IM... D. 14)7{' 'C.1./.+?lof r unto '...'? ..P Yo...*r"O,f..:?:;? .lp,A?•.? Dollaim on tRe; ppU .:..... ............... day ?.CTYA?Y....' ar a such stew place u said kuor my frm time an lima dissect. J°'a 1?'Y\a AND k k b.nby tawaod buwesn the k. ad Mme fur thewWret tae(, napeldn heica er cmvleon and tse, Tmmj m will pay the rota nearby remndamsedingm the wr afthkkam.and vrill aka pay. dcaid pmWm an sharps in excess of the aduat m(ulmam truer oseur run proportioned Mae*. uherwin an tlserpe.ter w.worher W e .andtg dude{ the coatislrace of this kam;.d .tl Min fu the moss. U paid ay the wr y ba distaimd far 2" The base. rbatl am owupy tbs demisd pnmiw otherwha due u ....A. mtL{??..._.l_.. _ aser ahatl the Msess quip wh kale, aor ode awl the pcataiw or.my pan d .f. Any tnotfer b procso of kr ru4 b Moses adlbektsssa shall sot door haowiegly sufiereobsdale anysm. meslerot wing. whereby any policy a increase according to tbs conditions bocoma avoided oe snspnak& No sip of sip. shall be palmed upon say pan of the detailed p uido.r re loon. 7b. Thelessee wall kelp the detailed premises is load candidate during the condensates of this em, remove ml ul tMnfcom, replace or repair asyekctcee nature, or wiring the, may M dsuu{Morbroleaaod as the mrsdntiomaf ibis West dmkswr inu{od oderad rtpairesthe tame w.art.reuombk wradkarsdd.map bysmdswllnsswpted./ party m.ds by we Mme thatl wt M Oekched feom the prsperry, ben then nm.ia fs the Mnfit d the ksem an do. but in default of this such mMt lam a t w dlamess at sy then se tl by zMad to celled the Macs ), oule pupoms. hat .d lM - - heride4 hawever, that i( The lessor chap have paves. Q...._. -.41. yysa wrose cote prior to the and of any mtm of intention to cheap the condition. of this lease, ad the it=* shop hoW omrayurauc?tw.km.Newae Ass codderedkun undenhowne,.d eondidos msdone0 hcnh nskalorcmhfmther priduhe do"YY occupy she demised pares, end ..W this hose k manifested by cask* n otherwise. as herein p .'lams. Lmeia{ nake upon the plemfses thus be a .flick. service. kh.Thellmor texas the right M an times eo cisitsd mien thedcmised premims, penorupyo,byapsm,and toeum any replicate, be made which he may eleven proper, aho tMright at any time to put up.'Fo,Sae'.ip harch ph. on the: peown. M wyekm.>d.'For Rest'sipemd'mmly. in are reeks. an quit is gnea T?. If procedic{{sshatlbeeomroemdby the lessor to tecomr possession udsethe Ana of MUmbif.eidecru the end ofaumn or for aeop?aYtocot of nm.leisee espntslyrain the rightw thewrte moetb.'ootiesadlor sews fduen or thirty day.'. norms acquired by the An of April kh, IHI. P.L 69. .d ymes that fire days slice than be mfficku in ekher ar any web Ma. Ith.Theseidksue funherw.iw all6$hu wdeteba An afAssembly of Aprildsh,1931.P.L69. sdaRtupplemor, adamedmeo, deenw.hkh wy bete.fut M pused..d weberiuuhe mil a(aaylad,d'utn(ned lorrtquunytime done fire Mytlaomdiuraint. withoc: cnyappnismemuhenof. 9th Theisen. acknowledge n. tipletamkefrommidkssn thinathwPhikdelphi•Nonsin ut aelfeniveLfeuuy l.INl.ad amedmeou theme,. provides that the afortmid premises, if an sp.nrrmot clue not ass occupied by man then. ....?t1.q._.._........... . ................................................pans.. Nick. ifthekame aballvioms anyeoresant orcm,ditio. Units contained. on hall fail to vacate thedemimd premium acheend of any term lino this kale shall absolutely dneradm n theepuch of we kmar ,mass d{nifmd by triton Works w char ssRm dedvertd o the lease. w left upon the demised yynmim.Ad wM.tha kam.hallbe wdetermiocd,neyanorec, mayimmedhuly appce,1.,IMk.tn .ia asamebk.nioa of ejenmemwMbtoulM bytMMwr Inanreompetealcourt: lot the rtcoven dam demand pneerna d.mages lonMdetemiea thertm,ad eheuen eoule.jdlmem apinsl the Mme .for which thisaln.m an to, a mm copy tlmrwpp.h.p Ilea sufficient•aram:ad the kuor wyiumthcrenallnecnmrywfimnpc"mlof rworerinl possession of mid pnmius, eithd.frage.f. enemas. (to be esursed at anamoum equal m nn ucp id...).d est. Na Oetermiutnm ofthk kale, nor recovery of pocus.wa of damps as aforesaid. shad nose dm kun Mom Ikbility fs the Much d wy teveunn herein eonuioc0. Iith.TheMme waive allri{hwp.ppssalkom,or.dt ofenowrcerdondwanyjdgnuntoedersdnnedW wybeemned aPim ....................... by any court or magistrate. for rem, damps, powers. of otMnvise: ad dec. further ..prod, .alre the bandit of any ad all tray of e.elmion or .sectarian from Civd prows under any kr .(,he Common.Islas of I'maylnrv.. or of the Uoud State. as- is (omen i n.ftu or w be posed, ad opus inyJdnmem entered in any procadin{ bares. immediately upon 17th. It it agred eh.t if these sMtl M menu thanooc Muc duy,Aall b ehemrm'kssei eMtl Mdamedad taken la ineld<mchad erery pen more wan one kcue, notice to on m even ksmel of any ate or agneme uulloc It , .shall be del d to include whcq m normally the fare ?. -.tire _ - 6.s_' _ .. ner.!nn_ IN i W HEREOF, eke mid pank, haw hnwnto tat their hand, ad ..Jr. Dated the ..................................... A. D. 19.................. SEALED AND DELIVERED Iv RR[S[`.CE ei (hereinafter celled the kswr ). nrm.connasud apeemenu, herun.ad m lie tame one or eon. In IN emit there W notice an ag laic. It is.ndcruod tko,M day or • doth bereby Her unto .1 : ...... . ...................... All That Ceruie Q_ for the acres A.DD.-IfM as Uu.b,.V ?wY+asaas.rr?aaly 1R/x1 iand paying therefor unto the Los .renDefinite, payabllle i . .._... meoaol ......_....... day of esch-pAr.....1. advaact a r at each other place by aid kaer tray from dame to ti a dirat ......................._... ...... (heRiNCit called the kwaor ). ..........................`...._.._...._.......... (hereinafter allied the IMsee I. AHD k k benby cove rand baresn the kswr and ksKe for 1hamMIM, thus bap-tin ban or awsewn aro Ill Tbekesne win Fallible rtes harobyMovedLceirdmp begun Mrva ofsW ksK. and win also Wy.Ifmid preedinan ,bass. in exesll of tM.count Milimom rates meter bet- leroposttoned taooddY• oth rwile aR ehe'llm(or raKrothar slay aerWCs duties the condemner of thin kale; and ad bilk fa ebe tanK, g paid by tha raid n??o?r ?d(q/?I b?. di?stmined all m bad. Tha ksKe IMg lied eeupy the demlerd pndx, osbenlM thae u .._!X._ a?+^ uadG..{I-..._._... _ aor shah the lsasae u.18. toil kale, nor uodarkt the pnmiKS artoy pan tberaof. Any tinder by preseu o(k. rhatl u kaea badtbsksaee shag we door knowingly Auffelue bedooe any ce. matter or King, whareby lay policy of WuneMe welding as, she condition, became avoided or vapldN. He dso or dsu roan be stated upon any pan of tbe Oemtsed p windon or doon. )rd. TIM ka Shag keep the dlmiSed promises is good coudidan during Iha cosdeuaae of this lease, roman all All calcareous, rtpko or rrpirsny ekatie flia.M or wiring that baby be damaged or broken, .due the Ierminstion of thh IoM thekoor inagoodord.... rtpairulbe Kil'e oowsrt.rtasoesbk wosand resraddataaSe by acid<oulgrtexapred.v made by She kwom shag not bedetached from the property, bus shag Retain fc Ne benefit of the krwr ,tb. Th timsee area thauJ)goodoned property on as detailed pnmiusshall be table to diuaa I., am unpaid wa And all goods Fill chattel, removed from the pnmiMS. Nag M habk on dktresa and rail Ajeet to she a. ceMidons, provisions, .,Mr.. sari ..inn m if easy ... on the pen w I. do. nay out in a dd s d.f.tenWl Nis o< such Iran n etsaeke, te lease. of with tares all l the e0y conditions o . by ale co G so Ns Oc d n s bail Werreespa to the imi or Had have siveK...4O ................. dayi wriueo notice prior w Use end of any %an of intention to chi krKe suallhoapnrdterses nodeL.H.0.11 ecuaidendkuse anderUKKrmLatleenditiunemeagonNh ma peebey tho detailed ptemiKS, ale bad) this It.. k wernksaW by colic. or olhereiss. As herein provided. Le wf(Mi.m KRim. 6W.Thekasor Kant the light Stan 11.13Metalled ic,pectthe demised pletaiKn. personLUyor6ya{sm.. be swydam proFa?, alw the d{botany umclo pal up .'Full Sak'niSo in,uhplsn on da prt.ierm N may r we calk. to quit is Siren 71h. ll peoceedin?srhag becommenced by She k>wr tomconrpo+Kntoaunderthe Aceof Mo.I,j,, e.pmnysnin tae risbuo lbe Nree morehi notknndtonosbe fJteenenainYe and apse, that fen days Docks Nan be ruffMknt in eidnx or uy such raft. Qh.The"Icasi. funberrain all rights andalbe Act of Asumblyof April 6'0.1951. P. my berealter W puled. ale authoriroube ak of any goods dinained far rare silly time dtenbe legana RSsee acknowledge recces. ornakelrom aid ksrc NL{the Phnaddphk Housin provides that the Aforesaid premites, if in apnmeet, shag not be Occupied by mom than _...W M tie. effedn J.nmry 1. 195S. and an be all ,I however. that if his ksa, and the M1irerperi,d As see emcees Nan be A therato. Ilth.TlMlasea waive agri{hl of appealfrom.or.ritoRnar oe urdonriwmyledgmane. orderordcrcnlus..ybeamrrrd...i n ........................ by say spun or mayissratt, (K rent, damages, possession or othemiK: and data further opresoy wain the berefit of by and .11 1 y n( <aamion or' exemption fro. civil graces, under toy kw of the Commonwnlsh of P,oruvAn Wa, or of ova United Sate,, ao. k lone s .after o to be Passed. and panieuladylhe Acts of AssemblyapprovedApnl l/sa.lg61 W.L,W)arsd May)rd. 1911(8o.711anmphngleamis paeperw"lie hemiharyservice of the State A, of the United Sawa-this nine 1..stend to .,.it be applicable in any and all proc.Ming+or aalioni for she recover of possession, far dam gn. or lot rent. whether by ditties, or otherwise. And it is further expressly agreed that execution lac so I sale .foe damage. or o heresies. may issue upon any)udimem entered in any proceeding hereon, immediately upon the entry thenM. I21h.Il kagreed that ifth.m,hall be mar, thanon.little theyshallbe boundjointly and sevenny.byehe term+.covenm,and agre menu.hertin.and thelerus-lesKe'Nall be decreed and taken to include each ad eery person orpiny..it as letter action. N dM area one or mom. 1 Ne Rentthenbe moa'ban Dos k,lee. notice to one of Alen laser. Of any an or gnemem benin required, shall be domed notice to all hsKa. It is Manwod that the Kano. heroin. shall be dK fl o titilude whe ' river neeaary the families. ,c aore!4 *rwL A.. 11d.?$Pi. 220...1.?1..Ra,a..'7d.t?. ?tr tnc.P,?..... ?s?a.G21z,..Fi(.2a?Raa.A?....?a.a.dal..A?.?,a.?atrkd?.ae.P,Fa...?...a8.a>.o?e/.-.. .. . . q yea... RQ?t o es l awS?k?i nd o, rte., faT Win. ?.?.. ? ...... .. ?y? ............ ^nl,r+ ..............:.. ....... :._? : .:: . . .. _?... ........ ..... C. /? ... ................... ...et... 5r. ..... ... ..a..CIA .......... ............. .a..,?..s ......... .. ... .... .. .....?.:`?'.... .... ..xOZ1 ...?Lit`?....:..trlat. m.¢xt............... IN WITNESS WHEREOF , tha laid panics have hereunto sal their hands and Kilt. Died tb. ................. ................. .......... _.......................... . day of ................ .......... ...._..... ......... .............. . A. D. 19................... SEALED AND DELIVERED 14 P.KESE%CEOF ` lJ r q; f.; -Ij rte-- c ??.,.? = fly 3? C W STERLING MOLL and ESTHER MOLL, : IN THE COURT OF COMMON PLEAS Plaintiffs . OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW MICHAEL REBER, NO.: 06-4025 CIVIL Defendant NOTICE OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Michael Reber, in the above-captioned matter. Dated: a /I S I zoo 6 Respectfully submitted, Robert T. Balaban, Esquire PA I.D. #68920 630 Lowther Road Lewisbeny, PA 17339 717.932.9565 - Telephone 717.938.4999 - Telefax Attorney for Defendant b. i 4 STERLING MOLL and ESTHER MOLL, Plaintiffs Vs. MICHAEL REBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO.: 06-4025 CIVIL CERTIFICATE OF SERVICE I, Robert T. Balaban, Esquire, hereby certify that service of the foregoing "Notice of Entry of Appearance" was made by First Class U. S. Mail, postage prepaid, a true copy, upon the following: Samuel L. Andes, Esquire 525 N. 121' Street Lemoyne, PA 17043 Respectfully submitted, l Dated: d ? 11 ?)' 1,00 6 / Robert T. Balaban, Esquire PA I.D. No. 68920 630 Lowther Road Lewisberry, PA 17339 717.932.9565 - Telephone 717.938.4999 - Telefax Attorney for Defendant Q ? ? rn? -. ?.?. ? i o a , d W..? S. ?? , / ?? ??' C?i\...' ? ?2?i'S7` ?_ ?(?._? ? [L J' .c ? ? 0 STERLING MOLL and ESTHER MOLL, : IN THE COURT OF COMMON PLEAS Plaintiffs . OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHAEL REBER, Defendant NO.: 06-4025 CIVIL NOTICE TO PLEAD TO: Sterling Moll and Esther Moll: You are hereby notified to file a written response to the enclosed "New Matter" within twenty (20) days from the service hereof or judgment may be entered against you. Dated: QYj?I?I 2ov6 Respectfully submitted, Robert T. Balaban, Esquire PA I.D. No. 68920 630 Lowther Road Lewisberry, PA 17339 717.932.9565 - Telephone 717.938.4999 - Telefax Attorney for Defendant STERLING MOLL and ESTHER MOLL, : IN THE COURT OF COMMON PLEAS Plaintiffs . OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHAEL REBER, : NO.: 064025 CIVIL Defendant ANSWER TO COMPLAINT WITH NEW MATTER NOW COMES the Defendant, Michael Reber, by and through his attorney, Robert T. Balaban, Esquire, and files this "Answer to Complaint with New Matter" in response to Plaintiff's Complaint respectfully representing the following: COUNTI 1. ADMITTED UPON INFORMATION AND BELIEF. 2. ADMITTED. 3. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. By way of further answer, the allegations contained within this Paragraph reference documents which speak for themselves and as such the allegations contained in this Paragraph are DENIED. 4. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. 5. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. Furthermore, By way of further answer, the allegations in this Paragraph are conclusions of law to which no response is necessary and therefore DENIED. By way of further answer, should same not be deemed a conclusion of law, the allegations contained in this Paragraph reference a document which speaks for itself and as such the allegations contained in this Paragraph are DENIED. Finally, it is specifically DENIED Defendant owes any sum to Plaintiffs. 6. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. Furthermore, it is specifically DENIED Defendant owes any sum to Plaintiffs. A. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. B. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof 2 thereof is demanded at trial should same be relevant. C. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. D. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. E. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. F. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. 7. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this Paragraph and as such same is DENIED. Strict proof thereof is demanded at trial should same be relevant. 8. DENIED. The allegations in this Paragraph are a conclusions of law to which no responsive pleading is necessary. By way of further answer, should same not be deemed a 3 conclusion of law, the allegations contained in this Paragraph are specifically DENIED. Furthermore, it is specifically DENIED Defendant owes any sum to Plaintiffs. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment on his behalf and against the Plaintiffs, and award to Defendant and against Plaintiffs all costs incurred by Defendant in defending this matter, along with any other relief this Honorable Court deems appropriate. NEW MATTER 9. Defendant incorporates by reference herein, as if fully set forth herein, his answers to Paragraphs 1 through 8. 10. Defendant asserts the defense of accord and satisfaction. It. Defendant asserts the defense of failure of consideration. 12. Defendant asserts the defense of payment. 13. Defendant asserts the defense of impossibility of performance. 14. Defendant asserts the defense of release. 15. Defendant asserts the defense of fraud. 4 WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment on his behalf and against the Plaintiffs, and award to Defendant and against Plaintiffs all costs incurred by Defendant in defending this matter, along with any other relief this Honorable Court deems appropriate. Respectfully submitted, Dated: 9, t 2,00 6 R bert T. Balaban, Esquire PA I.D. No. 68920 630 Lowther Road Lewisberry, PA 17339 717.932.9565 - Telephone 717.938.4999 - Telefax Attorney for Defendant VERIFICATION I, Michael Reber, an individual, verify that the statements made in the foregoing document, "Answer to Complaint with New Matter", are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 PA.C.S.A. §4904 relating to unworn falsification to authorities. DATE: ?i& gol o/ 06 Michael Reber STERLING MOLL and ESTHER MOLL, : IN THE COURT OF COMMON PLEAS Plaintiffs . OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW MICHAEL REBER, : NO.: 06-4025 CIVIL Defendant CERTIFICATE OF SERVICE I, Robert T. Balaban, Esquire, hereby certify that service of the foregoing "Answer to Complaint with New Matter" was made by First Class U. S. Mail, postage prepaid, a true copy, upon the following: Samuel L. Andes, Esquire 525 N. 121' Street Lemoyne, PA 17043 Respectfully submitted, Dated: 0 8 18 I Loo 6 Robert T. Balaban, Esquire PA I.D. No. 68920 630 Lowther Road Lewisber y, PA 17339 717.932.9565 - Telephone 717.938.4999 - Telefax Attorney for Defendant C N G' Q m mci+ _J c? c? M M :nf N Zd? ? C3C` Cr, STERLING MOLL and ESTHER MOLL, Plaintiffs VS. MICHAEL REBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4025 CIVIL REPLY TO NEW MATTER AND NOW come the above-named Plaintiffs by their attorney, Samuel L. Andes, and make the following Reply to Defendant's New Matter: 9. No answer required. To the extent an answer is required, Plaintiff incorporates herein, by reference, the averments set out in their original complaint. 10. The statements in Paragraph 10 of Defendant's New Matter simply state conclusions of law and are not factual averments. To the extent that those statements are interpreted to be factual averments, Plaintiffs deny the same because they have no knowledge of them and demand proof thereof at trial. 11. The statements in Paragraph 11 of Defendant's New Matter simply state conclusions of law and are not factual averments. To the extent that those statements are interpreted to be factual averments, Plaintiffs deny the same because they have no knowledge of them and demand proof thereof at trial. 12. The statements in Paragraph 12 of Defendant's New Matter simply state conclusions of law and are not factual averments. To the extent that those statements are interpreted to be factual averments, Plaintiffs deny the same because they have no knowledge of them and demand proof thereof at trial. Plaintiffs specifically deny that their claim has been paid by Defendant. 13. The statements in Paragraph 13 of Defendant's New Matter simply state conclusions of law and are not factual averments. To the extent that those statements are interpreted to be factual averments, Plaintiffs deny the same because they have no knowledge of them and demand proof thereof at trial. Plaintiffs specifically deny that it was impossible for Defendant to perform his obligations under the lease. 14, The statements in Paragraph 14 of Defendant's New Matter simply state conclusions of law and are not factual averments. To the extent that those statements are interpreted to be factual averments, Plaintiffs deny the same because they have no knowledge of them and demand proof thereof at trial. 15. The statements in Paragraph 15 of Defendant's New Matter simply state conclusions of law and are not factual averments. To the extent that those statements are interpreted to be factual averments, Plaintiffs deny the same because they have no knowledge of them and demand proof thereof at trial. Further, Defendant's accusations of fraud violate PA. R.C.P. 1019 because the Defendant has not averred those matters with sufficient particularity. WHEREFORE, Plaintiffs prays this court to enter judgment in their favor in accordance with their original complaint. Samuel L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: 9 1A L STERLING LL t'l r._ .?_:? . -ri iz C.:: ---1 --- _ - '.`_' __? i-?' ,? %} :_ ....- i _ - 'tt 'T1 _._• ? h (,:_) ? e.y iti ?' STERLING MOLL and ESTHER MOLL, } Plaintiff ) VS. ) MICHAEL REBER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4025 Civil PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Samuel L. Andes, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $6,748.81. The counterclaim of the Defendant(s).in the action is $0.00. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert.T. Balaban, Esquire. WHEREFORE, your petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the cash shall be submitted. Respectfully submitted, Sa I L. Andes Attorney for Plaintiff ORDER OF COURT AND NOW this , 2007, in consideration of the foregoing petition, , Esquire, Esquire, , Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, J. 00 ca co -- w co STERLING MOLL and ESTHER MOLL, Plaintiff VS. MICHAEL REBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4025 Civil PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Samuel L. Andes, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $6,748.81. The counterclaim of the Defendant(s) in the action is $0.00. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert.T. Balaban, Esquire. WHEREFORE, your petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the cash shall be submitted. Respectfully submitted, Sa I L. Andes Attorney for Plaintiff AND NOW this 2007, in consideration of the foregoing petition, oNf? Esqui Esquire, V. 142tu? Esquire, are appointed ar rators in the above-captioned action as pra d for. BY cWv, J. 4 r Pv- 00 o CO -'Z:A r co ?C tT1' M q? ?Coow Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No, 044 - U ?-J_. Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ya_ Name (Chairman) Law Firm ..35/'169 42111 vim- Rd Address / City, Zip Signature . Name Law Firm Address ci% Zip Signature Name Turo L*4 04 iees Law Firm Address ( tt -113le P19 11013 city, zip Isico ff A0961 # !a 819 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Mote: If OA es for delay are awarded, they shall be separately stated.) ?a . Arbitrator, dissents. Date of Hearing: I 2A 6-1 Date of Award: 2. Icq n 1 rsert name if applicable.) .13D Notice of Entry of .? rd Now, the _1,9_ day of , 20 D7 , at /0 : !!0 , _6__.M., the above award Wwas entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ X56. 0o By: -? -- - rothonotary Deputy i 40i"s Elf Samuel t., Andem, R.j" r. &ja ", /.2VOIo7 DO •,7 pnvfd-- STERLING MOLL and ESTHER MOLL, Plaintiffs VS. MICHAEL REBER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4025 Civil PRAECIPE Please enter judgment in favor of the Plaintiffs, Sterling Moll and Esther Moll, and against the Defendant, Michael Reber, in the amount of $1,383.00, plus interest at 6 percent per annum from 1 January 2005, in accordance with the Award of the arbitrators in this matter dated 6 December 2007. el L. A es Attorney for Plaintiffs ` N s t 7 G } ?+ b a w 4f?? STERLING MOLL and ESTHER MOLL, ) IN THE COURT OF COMMON Plaintiffs ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW MICHAEL REBER, ) Defendant ) NO. 06-4025 Civil PRAECIPE TO THE PROTHONOTARY: Please satisfy the judgment entered against the Defendant Michael Reber in the above matter. Date: 21 *-/31 4K Sdmuel L. Aides Attorney for Plaintiffs Supreme Court ID 17225 525 North 12t' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ,--, ??? ? ?. ? ' ?, :-s?t ? , ?.? - ? ; , ?' - _._ `x?3 - , r. ,t