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Home My WebLink About06-5141r !\ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEASNo. 06-5141 CIVIL TERM NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- tdct Justice on the date and in the case mentioned below. NAME OF APPEu Karen Owens ADDRESS OF APPELLANT CITY STATE ZIP CODE 478 Berkshire Lane Mechanicsburg PA 17050 8/22/06 Paula K. Clippinger vs Karen Owens CV YEAR ????11 LT YEAR LT` 0000951-ob 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. MAG. DIST. NO. OR NAME OF DJ. 09-3-04 llant was Clai nt (see PA R.C.P.J.P. No. 100 /on before district Justice, he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. (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 Paula K. Clippinger appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 06-5141 CIVL?vvfthin twenty (20) days after service RULE: To Paula K. Clippinger appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this 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: SEPTEMBER 1 Year 2006 Signa ire Prothonota0 r Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Froth. - 76 !r FAQE :i wQF?=fJF APPEAL AND -RULE TO FF .GOM@LAINT (This proof of service MUST 89'0 ED N%Ifl-I'k*EN (f 0) DAYS AFTER filing the notice of appeal. Check gWiliCable boxes) 6,QAJK0N1( Wj1,4':gF 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 ?by (certified) (registered) mail, sender's receipt attached hereto, and upon the appetell, (name , on • year _ ? by personal service Qby (cwtill (regbblered) mail, sender's receipt ahachad'hereto. E and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on , year by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. - SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR N! I 7 i s floNm 0f0ffkf3P/ba&W *ft m aftow was m809 rue Of Oft/W My commission expires on , year SVnetUM OIA#0wf 0 t. 4' 4 o T ?lfi C/7 nir- '. r-ri m? pl-ii _ ?C:: b? s D T 56 >n M W - cn ? w I r * rt COMMONWEALTH of PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CMWERLAND RESIDENTIAL LEASE Mag. Dist. Na.: PLAINTIFF: NAME and ADDRESS 09-3-04 RQLIPPINGER, PAULA S MDJ Name: Hon. 37 AAYArfl4 ROAD THOMAS A. PLACEY NANHEIH, PA 17545 Add,ess: 104 S SPORTING HILL RD L J MECHANICSBURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone (717) 761-8230 17050. Fommill, KAREN 7 478 BERKSHIRE LANE ATTORNEY DEF PRIVATE MECHANICSBURG, PA 17050 SHANE B. KOPE L J SUITE 201 Docket No.: LT-0000451-06 4660 TRINDLE RD Date Filed: 8/01/06 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ?Z Judgment was entered for: (Name) CLIPPINGER,' PAULA K Judgment was entered against OMENS, KAREN in a ® Landlord/Tenant action in the amount of $ 857.50 on 8/22/06 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 500, 00. The total amount of the Security Deposit is $ 455.00 Total Amount Established by MDJ OLLess$Security Deposit Appli g $ Adjudicated Amount - Rent in Arrears , DO .00 Physical Damage's Leasehold Property $ 710.00-$ .00= $ 710.00 Damages/Unjust Detention ; $ .00-$ 00° $ -00 4 LQ, fy ? ri??fendarg r rentross Complaint - $ _ 00 p " hrte(est javidedby lease) $ 40.00 UT Jud Amount $ 750.00 ? Attachment Prohil>ite w Judgment Costs $ 107.50 42 Pa.CrS, § X127 Attorney Fees $ 00 ? This case dismissed without prejudice. Total Judgment $ 857:50 Post Judgment Credits $ ® Possession granted. ?- ro Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no s ie by time o eviction. ? Possession not granted. ? 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 15LEAS, 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 (STRICT JUDttC?ES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FORT,H, R.RROCES$INUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL+DlpTRICT JUDgE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE`IN7ERESTE6j1`11 THE'JYDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IftTHE'ENT DEBibR'PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE IUDGMENT. 4 Date MagisteriAistrict Judge ce i y that this is a true a c copy o e ecor oc ings con tmng the j ent Date I /I ?uT9gisterial ?istrict.Judge X commission expires first Monday of January, 2010 SEAL G 31 1 ? a J JI) O ? OO ? r W T 7 S a c O ze-' a n a y C 4? M r C- W C Ut N t'"'1 c:a t_7 try rjl i 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 ? t ? f)) ; ss AFFIDAVIT: I hereby swear or affirm that I served r In a copy of the Notice of Appeal, Common Pleas No. 51 / , upon the District Justice designated therein on 1?1 (date of service) i T' (x? , year , [] by personal service ®by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name - P40LA ?i, CL! O ttJ 6 Q.. , on 6Cs 1 e , year 000(0 , [:] by personal service ,[by (certified) (registered) mail, sender's 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 -5C9' t (V year ft?aby personal service fRby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF , YEAR Sgnature of AHiant ?i Signature of official before whom vit was made Title of official My commission expires on , year E Notarial OF Seal (?ENNSY V to - a--- Cortney M. Fantom, Notary Public Hampden Twp., Cumberland County CorrvNssion Ex Tres Nov. 23 2009 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 06-5141 CIVIL TERM 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. ADDRESS OF APPELLANT CITY STATE ZIP CODE - ?ecaZani C 1 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 3/22/06 Paula C1i,,)cdii-.;?E!r VS. CLAIM NO. CV YEAR LT YEAR L T - 0000 85-1 -a6 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. ff.appellant was Clai nt (see PA R.C.P.J.P. No. 1001 In ac ?on before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o ro ono ry or epu I 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 t' 3ul ::1 xa'pi n',', J.'r , appellee(s), to file a complaint in this appeal Name of appellee(s) 06-5141 CIVI ? uf? _ (Common Pleas No. within twenty (20) days after service of ru or suff entry o dgment o non pros. Signature of lant or hat(orne ?en( -?..- RULE: To-?aula Ii`? in -r ,appellee(s) A ?/ Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this 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. SEPTEMBER I 2006 (r?l ??' f Date: Year ignature 1 Prothonotart( r Deputy ` v White - Prothonotary Copy iii Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 64 513 13694 6tk 511 jpQla PAULA K. CLIPPINGER and BARRY CLIPPINGER, Plaintiffs VS. KAREN L. OWENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5141 CIVIL TERM 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 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 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. PAULA K. CLIPPINGER and : IN THE COURT OF COMMON PLEAS OF BARRY CLIPPINGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION -LAW KAREN L. OWENS, NO. 06-5141 CIVIL TERM Defendant COMPLAINT AND NOW come Paula Clippinger and Barry Clippinger, by and through their attorneys, Frey and Tiley, Attorneys at Law, and respectfully state as follows: 1. Plaintiffs are Paula Clippinger and Barry Clippinger, adult individuals, husband and wife, having a mailing address of 37 Hamaker Road, Manheim, Lancaster County, Pennsylvania. 2. Defendant is Karen L. Owens, an adult individual, having a last known address of 478 Berkshire Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs are the owners of certain townhouses located in Cumberland County, Pennsylvania, including the townhouse known as 478 Berkshire Lane, Mechanicsburg, Pennsylvania, by virtue of a deed from Paula K. Clippinger, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "A". 4. On or about May 18, 1996, Plaintiff Paula K. Clippinger, acting on behalf of the Plaintiffs, and Defendant entered into a written lease for the leasing of 478 Berkshire Lane, Mechanicsburg, to Defendant. A true and correct copy of this lease is attached hereto and marked Exhibit "B" and is incorporated herein by reference. 5. The lease provided in relevant part that the term of the lease was to run from July 1, 1996 to the last day of June, 1997 and further provided that the term of the lease would automatically renew CLIPPINGER v. OWENS thereafter "for additional one-month terms until either party gives thirty (30) days written notice to the other party of intention to terminate at the end of any calendar month.." 6. In consideration for the term of the lease, Defendant agreed to pay to Plaintiff rent in monthly installments of $455.00 beginning on July 1, 1996 and continuing on the first date of each succeeding month during the term of the lease. 7. Defendant further agreed under the terms of the lease to keep and maintain the property in good repair 8. Defendant has breached the terms of the lease as stated above by causing or allowing to be caused significant damage to the interior and exterior of the property and by failing to make timely repair of the damages. These damages include broken windows and doors and blood stains on the walls and floors. 9. Defendant in the above-referenced lease expressly waived any right to a Notice to Quit. 10. Plaintiff has performed all responsibilities under the terms of the lease. 11. Defendant has breached the terms of the lease by causing damages to the property which have not been repaired. 12. Defendant has breached the terms of the lease by causing disturbances which have resulted in other tenants vacating their rental units. Count I: Possession 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. The lease provided in relevant part that "The term of this lease shall be automatically renewed after one year for additional one-month terms until either party gives thirty (30) days written notice to the other party of intention to terminate at the end of any calendar month. Page 2 of 5 Pages CLIPPINGER v. OWENS 13. On June 19, 2006, Plaintiffs, by written notice mailed by Plaintiff Paula K. Clippinger, notified Defendant that they were terminating the lease effective July 31, 2006. A copy of this notice is attached hereto and incorporated herein as Exhibit "C". 14. The term of the lease has been terminated by Plaintiffs' notification to Defendant and Plaintiffs are entitled to possession of the property pursuant to the terms of the lease. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to enter judgment in favor of Plaintiffs and against Defendant for possession of 478 Berkshire Lane, Mechanicsburg, Pennsylvania. Count U: Damages 15. Paragraphs 1 through 15 are incorporated herein by reference. 16. Defendant's breach of the lease has caused damages to Plaintiffs which Defendant has not corrected. 17. Defendant now owes to Plaintiff costs for the repairs of damages and rent as follows: Costs to replace front and rear doors $710.00 Painting of damaged walls 100.00 Rent for September 180.00 Total Page 3 of 5 Pages CLIPPINGER v. OWENS WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of $980.00 plus costs. Respectfully submitted, Frey & Tiley By: (?-? . - Robert G. Frey. Supreme Court No.46397 5 South Hanover Street Carlisle, Pennsylvania 17013 717-243-5838 Page 4 of 5 Pages CLIPPINGER v. OWENS I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: September 13, 2006 Paula K. Clippinger Page 5 of 5 Pages kidlen% Pa. C.0 F1CE Cr Tiic DNTY- ' ` °FRLAt,: C?UNTYPA. '"? JUN 28 P. 3 30 MADE THE 3/`0( day of `/ 4A. a in the year of our Lord one thousand sine hundred ninety-one (1991) BETWEEN PAMA L. CLIP nqM, of 66-2 Azalea Way, Readingr Pennsylvania =( ` 19606 Grantor and RAM A K. CLIPPdIKM and BARRY W. CLIPPII M, husband and wife, of 66-2 Azalea Way', Reading, Pennsylvania, 19606 Grantee s WITNESSETH, that in consideration of ---ONE AND XX/100 -------------Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee , their heirs and assigns, ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Hampden Township,'Cumberland County,. Pennsylvania, bounded and described in accordance with Final Subdivision Plan for John K. Landis and Guy L. Decker, Jr., as revised August 13, 1976, a copy of said Plan being recorded in the hereinafter named Recorder's Office in Plan Book 28, Page 115, as follows: BEGINNING at a pipe on the Southern line of 50-.feet wide Berkshire Lane at the dividing line between Lots Nos. 2 and 3 as shown on said Final Subdivision Plan for John K. Landis and Guy L. Decker, Jr.; thence from said pipe, the Place of Beginning, along said dividing line between said Lots Nos. 2 and 3, South 47 degrees 49 minutes 00 seconds East, a distance of one Hundred Fifty (150) feet to a pipe in line of land now or formerly of Miceli and continuing along line of land now or formerly of Raymond Brackbill, North 42 degrees 11 minutes 00 seconds West, a distance of One Hundred Thirty and Sixty-three Hundredths (130.63) feet to a pipe at corner of land now or formerly of Raymond Brackbill; thence along said lime of land now or formerly of Raymond Brackbill, North 44 degrees 57 minutes 00 seconds East, a distance of One Hundred Fifty and Nineteen Hundredths (115.19) feet to a concrete monument on the Southern line of 50- feet wide Berkshire Lane; thence along the Southern line of said i 50-feet wide Berkshire Lane, South 42 degrees 11 minutes 00 seconds East, a distance of one Hundred Thirty-Eight and Fourteen Hundredths (138.14) feet toa pipe at the Place of BEGINNING. CONTAINING 20,158 square feet and having thereon erected six (6) brick and frame town houses numbered 472, 474, 476, 478, 480, and 482 Berkshire Lane. BEING Tract No. 2 of three tracts of which Beulah E. Morrison, widow, died seised on May 31, 1989, having left a Last Will and Testament in which she devised said three tracts to her daughters, Tracey Ann Clark and Paula K. Morrison, now Paula K. Clippinger, in equal shares, said devise being confirmed by decree of the Court of Common Pleas of Cumberland County, Pennsylvania,' Orphans Court Division, dated April 24, .1990 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "N", Volume 34, Page 372. Tracey Ann Clark and James W. Clark, her husband, thereafter conveyed all of their right, title, and interest in and to said Tract Number 2 to Paula K. Clippinger, by deed dated April 25, 1990 and recorded in the Office of the Recorder of Deeds of .Cumberland County, Pennsylvania, i ,,,peed o "N", volume 34, Page 386. BOOK(2 FACE 131 Am This is a conveyance between husband and wife$ ands therefore, exempt from transfer And the said grantor hereby covenants and agrm that Sher will warrant specially r the property hereby conveyed IN WITNESS WHEREOF, said grantor has hereunto set her hand s and seats the day and year first above written, liiQncD. beal<D an0 ?ctibaeD ?-•?•-?-•- s:wz p4 iu tbt 3ptt*ntt at /PAULA K. CLIP State of PEZiNSMVANIA ,c3 }u' (Oinly Of GUMBEP"M 2sr On this, the f day of Qt"- , 1991 , before me. the undersigned OBicer, parao» UV appeared Paula K. Clippinget known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my?aw d-?aamt ' seat. • °`'`yr`H eqF? 1?? Title o Men Stato4"'1 N 13?« ° +a.f r`..? .i.. [[. yY 0*A.PW9oek NorxyPJA* C T ` M 1f im I ? , f tt GptytL? c 7 J '• I W ay MY ., On this, the day of '10 , before me, the undersigned ofoer, personalty appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and ofeiai seal, ................. .».........._..........._Tina of Olitcer......... I do hereby certify that the precise residence and lets post oXce address of the within named grantee is 'V'9'01 U/istAra,?"f COUP, cpF4W'-.-5 , p/Q /QLOC ?ifia+a? 7 7 10 91 Attorney for hOOKG 3$ PACE 639 vow ARTICLE Or AGREEMENT MADE THIS 18th day of May 1996. BETWEEN PAULA K. CLIPPINGER, of 4001 Windcroft Ct. Reading, PA. 19606, Owner of Berkshire Lane Town Houses, hereinafter styled party of the first part, AND Karen L. Owens of 442 West Simpson St. Mech. PA. 17055 hereinafter styled party of the second part. WITNESSETH that the said party of the first part, in consideration of the rents and covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a single family residence with a maximum occupancy of 1 Adult only, the premises situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, described as follows: Town House known as Jjl0 Berkshire Lane, Mechanicsburg, Pennsvlvania 17055, 7f Either party may terminate this lease at the end of any month after June 30, 1997 by giving at least one calendar month's written notice to the other party of the party's intention to terminate at the end of the calendar month. PARTY of the second part shall be responsible for whatever damages, if any, have been sustained by the property in excess of natural wear, for which damages, if tiny, party of tine second part shall be financially responsible. All curtain rods and traverse rods shall be the property of the party of tie first part and remain with tie hereindescribed premises. TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on the 1st day of July 1996 , and ending on the last day of June 1997. IN CONSIDERATION of which the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum ofFIVF- Thousand-Four-Hundred-sixty-(54694 Dollars per year, payable as follows: Four- Hundred-fifty-five --- ($455 ) --- Dollars per month, in advance, beginning on or before July 1 , 1996 , and thereafter on or before the first day of each succeeding month so long as this ]case remains in force. In addition, all charges for electricity, telephone, water service, snow removal, and any other services to the premises shall be paid by party of the second part. Party of tie first part shall pay die flat rate sewer fee and refuse removal once a week from the curb or a dumpster shall be provided by party of the first part, which refuse shall consist of ordinary paper, bottles and cans, etc., which are placed in plastic bags and put at the curb or in a dumpster. Party of the second part shall be responsible for furnishing own refrigerator. NO WATERBEDS are allowed on the premises. AS A FURTHER CONSIDERATION for the use and occupancy of said premises the said party of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions, and agreements: The said premises ate to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm, or otter casualties only excepted. /// The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may acctunulate thereon during the terra are to be retuovcd, and in case of failure to remove the sane, tie party of tie first part may collect as rent duo and in arrears the cost of removal; the water, lighting or otter service for the use of the occupants of tie said premises furnished by any public Service Company during die said term shall be paid for by the said the party or the second part unless otherwise provided hercin, or the same may be collected by the said party of tie first part as rent due and in arrears. Nothing shall be done: Upon said premises contrary to the conditions of the policies of insurance upon llte buildings hereon whereby die hazard may be increased or the insurance invalidated; neither the whole nor any liortion j of the said premises shall be sublet, nor shall this lease or any interest herein be assigned, nor shall Lite party of the second part remove or attempt to remove from said premises during die term of this lease, without the written consent of tire said party of the first part; and no unlawful business or activity shall at any time be carried on upon said premises. / The party of the first part expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection or repairs, or to show tic saute to prospective purchasers or lessees, and may display "For Rent" or "For Sale" cards thereon. If default shall be made in the payment or any part of the said rent after the same becomes clue, or in case of a breach or evasion or any attempt to break or evade any of die covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected, slid at the same time the party of the first part may forfeit and minul the unexpired lnortion of this lease mid enter upon and repossess the said premises wilt or without process of lave, and without giving any notice whatsoever. Acceptance by the party of alit first part of any of tie said rent at any finis after the same shall become due, after default has been made in ilia payment thereof, or any failure to enforce any of the rights herein reserved to Lite party of die first part, at any of lite conditions herein contained, shall not in tiny wise be considered a waiver of lie right to enforce lite name qt any time without any notice whatsoever, and slay attempt to collect the rent by one a r t" nT i -0 proceeding shall not be considered as a waiver of the right to collect the scone by any other proceeding, but all of the rights or the party of the first part, and all conditions may be enforced together or successively at the option of the party of the first part. It is further agreed that it the party of the second part shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, rile a voluntary petition in bankruptcy, or if any judgment shall be entered or an involuntary petition itt bankruptcy be riled against die party of the second part, all the rent, reserved for the full temp of this lease remaining unpaid shall become due and collectible immediately. Any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess a judgment against Lite said party of the second part and in favor of said party of die first part for the amount of said rent tun due and unpaid as hercinbeforc set forth. And die parry of the second part hereby waives die usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, the party of Lite second part waives the benefit of all nppraisement, stay, and exemption laws, the rights of inquisision on Mal estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Upon breach of any of ilia covenants or agreements of this lease or upon its termination by rorfeiture, default, or expiration, any attorney as aforesaid is hereby nuthurizul to appear for and to confess judgment in an amicable action of ejectment against said party of the second part and in favor of the said parry or die first part for die premises herein described, mid to direct the immediate issuing of a writ of possession to include a clause for cost mid rent due, waiving all irregularities, without notice and without asking leave of court. Party of die second part shall not assign or pledge this agreement and lease and shall not sublease the said premises. The party of the second part shall keep no household pets or animals on the within-described premises, and shall keep the entrance walk and sidewalk abutting the demised premises clean' of snow, ice and debris. The party of the second part shall make only such use of the basement area as is compalible with conditions of high humidity and possible water infiltration and flooding. No television or radio antennas shall be installed on exterior of building nor s9tall any sign be visible from the exterior of the building without consent of party of the first part. Ileatting shall be by existing electric heating units only. All gasoline- or kerosene-fueled devices are absolutely prohibited on the premises. NO SALT OR CALCIUM SMALL BE USED POR SNOW OR ICI? REMOVAL. Party of the second part shall supply and install a smoke detector in the ceiling of the hallway on the second floor and shall be responsible for keeping it in proper operating condition including fumishing and replacing the batteries. Should party of tile. second part desire to termjnate this lease prior to one year from its bagiuning, party of the. second part may do so if a satisfactory new tenant is obtained and termination fee of $ 455 is paid by party of the second part in addition to payment by party of the second part of rent up to the time the lease for the new tenant begins. IF RENT DUE ON TIIE 1st OF THE MONTH HAS NOT BEEN RECEIVED BY PARTY OF THE FIRST PART BY THE 10th DAY OF T III MONTH, A LATE PAYMENT CHARGE OF FOUR (4%) PER CENT OF THE RENT PAST DUI: AND DELINQUENT WILL BE IMPOSED AS LIQUIDATED DAMAGES ON ACCOUNT Ole THE ADDITIONAL EXPENSi,'S OF ACCOUNTS SUPERVISION, ETC. It is further agreed that die tcnns and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all of the palrtics hereto. The term of this lease shall be automatically renewed after one year for additional one-month terms until either party gives thirty (30) days written notice to the other pau-ty of intention to terminate at the end of any calendar month. The conditions of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. . t Check for monthly payment of rent shall be made payable to "Paula K. Clippinger" and mailcdtoherat 4001 idindcroft Court, Reading, PA 19606. r A $ 455 Security Deposit will be paid by party of t the secohd part''prior to occupancy and the same will be deposited in a Security Deposit Account of the party of the first part at Meridian Dank, Reading, Pennsylvania, which deposit will be settled with the party of the second part within thirty (30) days after vacating the premises, as provided in Act No. 363 of December 29, 1972 (68 P.S. §250.51 la , et seq.). At no time shall the SECURITY DLPOSIT be used as rent. POW BERKSHIRE TOWNHOUSE Berkshire Lane, Mechanicsburg, PA September 13, 2006 Karen Owens 478 Berkshire Lane Mechanicsburg, PA Dear Ms. Owens: This letter is to officially notify you that as the owners of the property located at 478 Berkshire Lane, Mechanicsburg, Pennsylvania we are terminating your lease and requesting that the premises be vacated of all your possessions by, Oct. 31, 2006This termination is based on your numerous misconducts, disturbances and damages to the property at 478 Berkshire Lane specifically the last incident that involved the police on May 16-19, 2006. This misconduct and disturbances has caused problems for the other tenants of our properties and has caused several tenants to move from our properties. Also this misconduct and disturbances has caused additional expenses due to the damages such as broken windows, doors, locks and clean up required after each incident. Your timely action on this termination notice is required and the premises at 478 Berkshire Lane, Mechanicsburg, Pennsylvania need to be vacated by . October 31, 2006. You are also responsible for your portion of the rent i until the date that you have vacated. If you do not act on this notice, we will take the necessary actions and file eviction papers with the local magistrate. This notice is given for the purpose of supplementing the prior notice given to correct any deficiencies that may be deemed to have existed with the prior notice and is not an an acknowledgment of any right to occupy greater than contained Muni 1% notice. Paula K. Clippinger Owner of Berkshire Townhouses -XSO-W/ Cc/ Barry W. Clippinger Owner of Berkshire Townhouses '"..'EN' "4'- E§ ,N __ ?l - _ .-t ? ?? r .. -4 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY ID 91175 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 sbkope(a_kopelaw.com PAULA K. CLIPPINGER and BARRY CLIPPINGER, Plaintiffs vs. KAREN L. OWENS, Defendant Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5141 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER NOW COMES the Defendant, Karen L. Owens, by and through her attorney, Shane B. Kope, Esquire, and file the following Answer to Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. Defendant admits that a copy of a deed is attached to the Complaint at Exhibit A. The averments contained in this Paragraph refer to this written document, which speaks for Page 1 of 5 L-2 itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 4. Denied. The averments contained in this Paragraph refer to a written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 5. Denied. The averments contained in this Paragraph refer to a written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 6. Denied. The averments contained in this Paragraph refer to the payment agreement contained in the written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 7. Denied. The averments contained in this Paragraph refer to a written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 8. Denied. The allegation of Paragraph 8 of the Complaint is a legal conclusion to which no answer is required. To the extent an answer may be appropriate, the allegation in this Paragraph is specifically denied and, to the contrary, Defendant did not allow or cause to be allowed damage to the interior or exterior of the property. Page 2 of 5 9. Denied. The averments contained in this Paragraph refer to a written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 11. Denied. The allegation of Paragraph 11 of the Complaint is a legal conclusion to which no answer is required. To the extent an answer may be appropriate, the allegation in this Paragraph is specifically denied and, to the contrary, Defendant did not cause damages to the property. 12. Denied. The allegation of Paragraph 12 of the Complaint is a legal conclusion to which no answer is required. To the extent an answer may be appropriate, the allegation in this Paragraph is specifically denied and, to the contrary, Defendant did not cause "disturbances" during her residency in the rental unit. Furthermore, Defendant can not be held responsible for the choices of other tenants to vacate their rental units. Plaintiffs fail to raise any allegation which connects the residency of the Defendant with the residency of other tenants. Count I: Possession 11. (This Paragraph 11 should be Paragraph 13. Plaintiffs misnumbered their Complaint so that this Paragraph is the second Paragraph 11.) The Rules of Civil Page 3 of 5 Procedure do not require a response to the advent contained in Paragraph 11. Similarly, Defendant incorporates herein Paragraphs 1 through 12 of this Answer. 12. Denied. (This Paragraph 12 should be Paragraph 14. Plaintiffs misnumbered their Complaint so that this Paragraph is the second Paragraph 12.) The averments contained in this Paragraph refer to a written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. 13. Denied. The averments contained in this Paragraph refer to a written letter attached to the Complaint at Exhibit C, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. Specifically, the letter contained in Exhibit C is dated September 13, 2006, and provides that Plaintiffs were terminating the lease and requested that Defendant vacate the premises by October 31, 2006. Furthermore, Defendant denies that said letter was ever sent, as said letter was not received. 14. Denied. The allegations of Paragraph 14 of the Complaint are legal conclusions to which no answer is required. Furthermore, the averments in this paragraph refer to the written lease attached to the Complaint at Exhibit B, which is a written document that speaks for itself; Defendant avers that any inconsistent characterizations of the document's terms are strictly denied. To the extent an answer may be appropriate, the allegations in this Paragraph are specifically denied and, to the contrary, Plaintiffs did not effectively terminate the term of the lease, nor are Plaintiffs entitled to possession of the property pursuant to the terms of the lease. Page 4 of 5 Count II: Damages 15. The Rules of Civil Procedure do not require a response to the advent contained in paragraph 15. Similarly, Defendant incorporates herein Paragraphs 1 through 14 of this Answer. 16. Denied. The allegations of Paragraph 16 of the Complaint are legal conclusions to which no answer is required. To the extent an answer may be appropriate, the allegations in this Paragraph are specifically denied and, to the contrary, Defendant did not breach the lease, nor cause damages to the Plaintiffs. 17. Denied. The allegations of Paragraph 17 of the Complaint are legal conclusions to which no answer is required. Furthermore, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. To the extent an answer may be appropriate, the allegations in this Paragraph are specifically denied, and, to the contrary, Defendant did not cause damages to the rental unit necessitating repair, nor did Plaintiffs allege in their Complaint that rent was not paid, so it is unclear why damages in this Section include $180.00 for rent. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: October 21, 2006 Shane B. o squire Page 5 of 5 CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on October 23, 2006, 1 served a copy of the within Answer by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Robert G. Frey Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 (Attorney for Plaintiffs) Respectfully Submitted, KOPE & ASSOCIATES, LLC B: hane B. Kope 46 d Suite 201 Camp Hill, PA 17011 (717) 761-7573 ? t..1 ?"-; c?'? -? (?? .. t- ~' _.._( t`.. ail v` w `, ;-, ? '? - ?, :? =„ rJ.. Curtis R. Long Prothonotary Off1CE of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n j, s CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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