The URL can be used to link to this page

Home My WebLink About06-5439 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM q _ I ~. 0 ~ DISTRICT JUSTICE JUDGMENT S71~9 COMMON PLEAS No. 0 & - S; ( ;; 15 ~ T-l->- 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 referenced below. L-/- eJCJ()" Z7'-/- C:>6 ..K // A/ ZIP CODE /7/03 L-6 NAME OF APPELLANT Y o/V'~L /~60F ?t;NT B//fGM Ob DOCKET No. This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.CP.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonolary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CP.D.J. 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 C/J'"'"A...!f /O,t'//E,4 ~ c/'J7(~,II$L, Name of appel/ee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. CJ(g ~ j"'l.{"),~ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~ RULE: TO<:#~ .sro;J/E~ ~ V'/;4ffi1t1~bPpellee(s) Name of appel/ee(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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:~. I~ ,200 (, YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COpy PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) ,20, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20_, Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on ,20_ 0 r"'_' l~ ~ S~ -~ ~ .~ U'i fr 0 t ~ ~ ~ ~ r'U~T':::;'i::'"..:,?.-,.,-.,,~1 ~,,;,:.Jf.'.T'1'~~P"'lf'"'i""t.{y"llf::""" COMMONWEALTH OF PENNSYLVANIA t COUNTY OF: CUllBBlilLAlm 09-3-05 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTI~~E~n~~~s~ ~TB"'~L, CHRISTOPHBR J I 434 11' SIIIPSOII' ST IIBCBAlfICSBURG, PA 17055 L ~ VS. Mag. D,s!. No.. MDJ Name Hon. II.AJtX MARTI. Address 507 II' YOU. ST IIBCBAlfICSBURG, PA Tele~hone (717) 766-4575 17.055 DEFENDANT: NAME and ADDRESS fCOLB, YVOD1B, BT AL. 434 B 11' SIKPSOII' STREBT IIBCBARICSBURG, PA 17055 L I ATTORlfBY DBI' PRIVATB : GBOPPREY II. BIRIII'GBR 401 B LOUTHBR S 401 B LOUTHBR ST STB 103 CARLISLB, PA 17013-2625 Docket No.: LT-0000274-06 Date Filed: 7/31/06 THIS IS TO NOTIFY YOU THAT: Judgment:. . .~,......;.." " POR~;PLAj[RT,:rPF [!] Judgment was entered for: (Name) STRBIDIBL, CHRISTOPHBR J Judgment was entered against COLB, YVOD1B in a [i] Landlord/Tenant action in the amount of $ 1,152.00 on 8/17/06 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 825.00. The total amount of the Security Deposit is $ 825.00 Total Amount Established b'i.MOJ Less. Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 1,,,~52.00-$ .00= $ 1,152.00 Physical Damages Leasehold Property $'/ . 00 - $. . 00= $ . 00 Damages/Unjust Detention $.' _ 00 - $ . _ 00= $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ 00 , Interest (if provided by lease) $ _ 00 ,,' LJT Judgment Amount $ 1,152 _ 00 Judgment Costs $ _ 00 Attorney Fees $ _ 00 Total Judgment $ 1,152.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Ime 0 eVlc Ion. D Defendants are jointly and severally liable. D D [!] This case dismissed without prejudice. Attachment Prohibited/ 42 Pa.C.S. 9 8127 Possession granted. D D Possession granted if money judgment is no sa IS Ie Possession not granted. ~"'~ 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 INVOL VING.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 JUDGMENTfTRANSCRIPT 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 ISSUEp BY.THEiMAGISTERIAL DISTRICT JUDGE. UNLESS TH.E JUDGMENT IS ENTERED IN THE COURT OF COMM9N PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y 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. ~ ". 'it / 4Jl~ /k~ , Magisterial District Judge Ings containing t e JU gment. , Magisterial District Judge Mv commission expires first Monday of January, 2012. AO~C 315A-06 SEAL CHRIS STREMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : Docket No. 0 (. - 5'f.3 9 YVONNE COLE, Defendant : CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS PURSUANT TO PA.R.C.P..N0.240(d)(l) To The Prothonotary: Kindly allow YVONNE COLE, Defendant in the above, to proceed in forma paupens. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES By: ~~'~~:r Geoffrey M. Binnger 401E. Louther Street Carlisle, P A 17013 (717)243-9400 ID#18040 (,,-, L_c U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided)!> .::r- fT1 r-'l fT1 L~r:1I~'.l;...JI'''lll''l~lIf:H['ll.'Jrn ..11 r.'''1:;.J~i~.''',I':,l':''lf:i'I:J{t{.111Iil f'-.,: .., ",'".. ::::"--":::L:::>::::_jF~>\. ~l.., ; '[:I._;(!:! ~']S;~:,~ ~~. fT1.. ." . .. .."" .... ..... ", ...D ,.-- ru Postage $ I ~ 'C)JSn Certified Fee 2-6Lo " If S~ J fT1 D D Return Receipt Fee D (Endorsement Required) D Restricted Delivery Fee IT" (Endorsement Required) fT1 D Total Postage & I=ees J .I / ~. ~ "'. U.S. Postal Service1M CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r-'l .::r- ..-=j ITf 5 r~"()"f'F"'I"c;--i'~t\'''~''l'ij''s'''~~ i ea<:: ' 3 '~ostm'~ D Refum Recelpt Fee ,. (Endorsement Required) rt)~He~ '::' D Restricted Delivery Fee . ..-' IT" (Endorsement Required) fT1 D Total Postage & Fees $ . " ~........ ."..... ..,~! 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTYOF~~/ ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served _/ 4b-~~' lW" a copy of the Notice of A'Yeal, Common Pleas , upon the District Justice designated therein on (date of service) r /15 , 20 /)~ , 0 by personal service. ~certified) (r~aV sender's re~eipt attached hereto, and upon the appellee, (name) CAr.lS 1~ iv-V. (~ ~on .?;,.-fs ' 20 ~ 0 by personal service f.tt"'riY' (certified) (~~) mail, sender's receipt attached hereto. Signature of official before whom affidavit was made ~~~('- My commission expires on ~, 20~. NOTARIAl. SEAl CtAOOtAt 8REWEw<ER. NOTARY PUBlIC CadisIe Boro CumtleIt8nd County My Commission Expires April 4, 2009 r~ ~. : '>t. ' ~ S_~,f,"""" E ~~ 2); ~". ~C! ~c 5>0 c z =< 1'0.,) <<= ~ (,I) r"'I -0 \D ~ :r m:tJ ~.~ g;B 6M ~ -< -0 :x ;S; &" o COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 'I DISTRICT JUSTICE JUDGMENT 39 COMMON PLEAS No. (j t~ - _) I "",'r;- . ..<,~ IT. _ 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 District Justice on the date and in the case referenced below. L-/- OCJCJL> Z 7'/- t/b This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or o.puty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appel/ee. PRAECIPE: To Prothonotary Enter rule upon C/r/lIJ>O,d/l E/J ...:r c/'/7I~~? Name of appellea(s) appellee(s}, to file a complaint in this appeal (Common Pleas No. t. (~_ :, - / ), " ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. r-.. h,. /5" / RULE: TOC#~Sr()I'I",€" V. (f'~~Nf'~lJJ>pellee(S) Name of app (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 n.at ~r~~9Q~tJ\.i;l~nt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. ') \. ! ",. <1,..01 (3) ,-1I1e date of service ofthjs 1'lJ'kJ if service was by mail is the date of the mailing. . . .it.~- . "', Date: l). ::J f ~I ,..:.- ~{j ~ --) ~. ,'""" .. YOQ MuST INCLUDE A COpy of THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. < ,") ,20[: , {. -) . . U~~MOeM .. / AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COpy TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE o CHRISTOPHER J. STREMMEL, Plaintiff v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A 51#slt : NO. 06=5e5-CIVIL TERM YVONNE COLE Defendant CIVIL ACTION - LAW 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades ootros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENNE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 Date: By: Mich 1 J. Pykosh, Esquire Law Office of Darrell C. Dethlefs Attorney LD. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 CHRISTOPHER J. STREMMEL, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 06-5425 CIVIL TERM YVONNE COLE Defendant CIVIL ACTION - LAW ARBITRATION CASE COMPLAINT AND NOW, comes Plaintiff, Christopher J. Stremmel, by and through his attorney the Law Office of Darrell C. Dethlefs, who in support of his Complaint avers as follows: 1. Plaintiff, Christopher J. Stremmel is an adult individual with a residential address of 434 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Yvonne Cole, is an adult individual with a residential address of 106 Garrison Lane, Apartment 2, Carlisle, Pennsylvania 17103. 3. Plaintiff, Christopher J. Stremmel at all times relevant hereto, was the fee simple owner ofthe property located at 434 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 4. On or about February 16,2006, Plaintiff, Christopher 1. Stremmel, entered into a Lease Agreement as Lessor with Defendant Yvonne Cole. A copy of said Lease is attached hereto and made a part hereof and marked Exhibit "A," hereinafter referred to as Lease. 5. The Lease concerned a residential unit known as 434 B West Simpson Street, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as "Rental Unit." 6. The Lease Agreement called for a term beginning March 1, 2006 and ending March 1,2007. The Lease called for a payment of $9,900.00 to be paid by Defendant Cole to Plaintiff Stremmel in twelve equal monthly payments of $825 per month. COUNT I - BREACH OF CONTRACT CHRISTOPHER J. STREMMEL v. YVONNE COLE 7. The averments as set forth in Paragraphs 1 through 7 are referenced herein as though fully set forth. 8. Plaintiff, believes, and, therefore, avers Defendant Yvonne Cole failed to make their monthly rental payments for August 2006 and September 2006. 9. Defendant Cole therefore is in breach and default of the Lease Agreement as a result of their non-payment of rent. 10. Defendant Cole was evicted with the aid of a constable on September 8, 2006. A copy of the Order of Possession is attached hereto and marked Exhibit "B." 11. Plaintiff suffered damages as a result of Defendant Cole's breach of the Lease Agreement and damage to the property in the amount of which is itemized below: a. $5,775.00 which represents the non-payment of rent from August 2006 for the remaining of the term (7 months x $825 per month); b. $60 late charges for July's rent at a rate of$10 per day; c. $100 bounced check for July's rent; d. $5 insufficient funds fee charged to Plaintiff as a result of Defendant's check; e. $160 late fee for August 2006 rent (16 days at $10 per day); f. $85 cost for filing for possession on August 28, 2006; g. $22.24 fee for the cost to change the locks; h. $285.14 fee for carpet cleaning as required by the Lease; 1. $68.90 fee for contractor to install new locks; J. $129.64 fee for costs to fix drywall and handrail which were damaged by Defendant, Yvonne Cole; k. $19.80 $0.45 per mile for 44 miles of traveling; 1. $5.37 fee for copies of keys. WHEREFORE, Plaintiff requests Judgment in the amount of $6,690.92 against Defendant, Yvonne Cole, which amount is within the Compulsory Arbitration Limits of Cumberland County. Date:~ lchae. s , Esquire Law lice of Darrell C. Dethlefs Attorney Id. No,: 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 CHRISTOPHER J. STREMMEL, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. : NO. 06-5425 CIVIL TERM YVONNE COLE Defendant CIVIL ACTION - LAW ARBITRATION CASE VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. ~t b-J. Christopher J. tremmel AGREEMENT OF LEASE 71. THIS AGREEMENT OF LEASE made this ~day of hI:> '''>Ui.;ry , .:lot b between CHRISTOPHER 1. STREMMEL, of 434 West Simpson St., Mechanicsburg, PA party of the first part (hereinafter referred to as "Lessor") and Vv 0" ne (/j If On d lim [YJc 1< e.{, '!Y r) parties of the second part, (hereinafter referred to as "Lessees"), WITNESSETH: 1. The Lessor hereby leases to the Lessees the real property known as 434B West SimDson street. Mecbanicsburl! Pennsylvania, for the term beginning on fIl14r( h I -st ,)CUl.- and ending on f\10IX h k+ ,~O() -, For the swn oU 9900.00 . payable in twelve equal monthly installments of $ 825.00 each, with each installment being due in advance on the 1st Day of each month of the calendar term. 2. In the event that the Lessees are allowed to move into the premises before the beginning of the term, the Lessees shall pay the Lessor the sum of $ 27.50 per day for each day prior to the beginning of the term that the Lessees are allowed to control the premises. 3. If the Lessees are not in default under the terms of this Agreement at the expiration of the term, this Agreement shall be automatically renewed for another years term on the same terms and conditions, unless either party shall give the other written notice of hislher intention to terminate the lease thirty (30) days prior to the expiration of the then current term. 4. The Lessor shall pay for sewer rental, water services, trash collection, and heat (Sewer rental, trash collection, water services, and heat are included with the monthly rent. The Lessees shall pay for all other utilities used or consumed upon the leased premises. 5. If any items that belong to the Lessor, such as stove, refrigerator, washers, dryers, etc., are leased with the premises, the Lessor shall be responsible for the repiur or replacement of the same equipment, it will be the responsibility of the Lessor to repair or replace the same equipment after the appliances, if any, furnished by the Lessor are incorrectly working. 6. The Lessees shall maintain the premises and the items that are included with the rent of the , \'- " St"" \~)l + A premises to be leased therewith in good repair. They shall surrender the premises in the same good condition or better as they are now in, except for ordinary wear and tear and damage caused by fire, storms, or other natural disasters. All damages done to the premises or the property leased therewith, other than damage caused by ordinary wear and tear, fire, storms, or other natural disasters, shall be repaired at the cost of the Lessees. The Lessees at the termination of this lease shall surrender the premises, including the carpet, if any, in a clean condition. The Lessees must have the carpets professionally cleaned and shampooed upon surrender of the premises and the Lessor will guarantee the carpets in the same condition when beginning the lease term. 7. The Lessor shall maintain fire insurance on the premises, but not on its contents. 8. Should the premises be rendered untenable by partial or total destruction by fire or other casualty, then this lease shall terminate. 9. The Lessees shall not carry on any unlawful or immoral activity in or about the demised premises and shall not carry on any activity which will endanger the building from fire or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have in said building. 10. The said Lessees hereby confess judgement for the rent reserved under this Agreement of Lease, together with an attorney's fee of fifteen percent (15%) for collection, and execution may be issued thereon from time to time for any rent due and owning under this lease and judgement andejectment is herein provided may be entered concurrently therewith. II. In the event that the filing of a petition in bankruptcy by or against the Lessees herein, there shall become immediately due and owing upon the filing of said petition. rent for the entire term, at the rate that the rent is then payable under this Agreement of Lease, and the Lessor shall have the further right in said event to forfeit and terminate this lease. Said forfeiture to be effective by giving notice in writing to the Lessees herein or to the person then in charge of the demised premises. Should an execution issue against the Lessees out of any court, rent for the entire term shall become due and owing. 12. The Lessees have deposited with the LesSor the sum of $ 825.00 as collateral security for the payment of the rents to become due to the Lessor from the Lessees under this lease for the faithful performance by the Lessees of all the other obligations hereunder and for the payment of any and all sums of money for which they may become liable hereunder. The security deposit shall be returned to the Lessees within thirty (30) days of the termination of this lease if no sums are due and owing to the Lessor under the terms of this lease. If any sums are owing to the Lessor under the terms of this lease, such swns shall be deducted from the amount of the deposit returned. In case such sums are due to the Lessor because of damage done to the premises or furnishings, the Lessor shall furnish the Lessees with a written list of the damages when the remainder of the deposit is returned or if no portion of the deposit is returnable, the list shall be furnished within thirty (30) days of the termination of the lease or the surrender of the premises. Nothing in this paragraph shall be construed as limiting the Lessor to recovering only the amount of the security deposit for the breach of any of the conditions of this Agreement. 13. The said Lessees hereby quit, remove from and surrender up possession of the said premises to the Lessor, its successors and assigns, at the expiration of the said term, whenever it may be determined, whether by forfeiture or otherwise, without any further notice to that effect, all further notice being hereby waived. On failure to pay the rent due, for the space of ten (10) days, or upon the breach of any other condition of this lease, the Lessees shall be non-tenants, subject to dispossession by the said Lessor without further notice or process of law, with release of error and of damages, and the said Lessor may re-enter the premises and dispossess the Lessees without thereby becoming a trespasser. The Lessees hereby waive the benefit of all exemption laws of this Commonwealth that are now in effect or may hereafter be in force or in any action or actions that may accrue on this contract and in any distress that may be made for collection of the whole of said rent or any part thereof. The Lessees hereby also waive the benefit of any stay of execution, inquisition, extension and all errors and all proceedings arising out of this lease. 14. The said Lessees do also hereby waive any and all demand for payment of the rent herein provided for either on the day due or on any other day, either on the land itself or in any other place, and agree that such demand shall not be a condition of re-entIy or recovery of possession without legal process or by means of any action or proceeding whatsoever. 15. At the end of said term, whether the same shall be determined by forfeiture or expiration of the term, or upon the breach of any of the conditions of this lease, it is agreed that an amicable action of ejectment may be entered in the Court of Common Pleas of Cumberland County, in which the Lessor, his/her successors and assigns, administrators or executors, shall be the plaintiff and the Lessees and all who come into possession during the term or continuance of this lease or under the Lessees, shall be the defendants, the judgement may be entered thereupon in favor of the plaintiff, without leave of court, for the premises above described to have the same force and effect as if the swnmons in ejectment had been regularly issued, legally served and returned and the writs of possession may be issued forthwith, waiving all errors and defects whatsoever in entering said judgement, and also waiving the right of appeal, writ of error or stay upon any writs of possession which may issue upon the same. 16. The Lessees shall not assign their rights under this Agreement or sublet the premises without the written consent of the Lessor 17. The Lessees shall not make any alterations to the premises or paint any part of the premises without the written pennission of the Lessor. 18. The Lessees shall pay a late payment charge of $ 20.00 per day for each day that the rent is late. In case the rental payment is made by mail, the date of the postmark shall govern. All late charges must be paid with the rental payment. 19. The Lessees are allowed a maximum of 2 cats are as long as they are de-clawed and litter box trained. There will be an additional $30.00 added to the monthly rent if such a cat is wanted. No other animals shall be kept on the premises. 20. The Lessees shall, at their own expense, keep the yard and sidewalks clean during the entire year. 21. There shall be no smoking inside the premises. If the Lessees smoke, it shall be done outside. 22. The Lessees shall store all trash in proper containers. 23. No persons, other than the Lessees, shall be allowed to live in the leased premises without the written consent of the Lessor. 24. The Lessor shall not be liable in damages to the Lessees if the Lessor is unable to give the Lessees possession by reason of a holding over by a previous tenant or any other reason beyond the control of the Lessor. 25. The Lessees shall maintain Renter's Insurance on the rented unit. IN WITNESS WHEREOF, intending to be legally bound, the parties have hereunto set their hands and seals the day and year above first written. FdYv,:,'1 I{, :):'t) & , , (DATE) '1 'i I), J J. ()j-\J~~ ' .. . fk -f . (SEAL) CHRISrOp R J/STREMMEL (LANDLORD) A h '<.Li r'j /!..-, ;,)c'.() rC (DATE) , C ----~ :' / . /1/ ~. /' r\r. ) ',i J1 Iv' .' i.- 0{ {. (; k..-..-/ ~ L _ . .. (LESSEE) (~onl'1f !~C(i(o / (CO- SEE) Li (SEAL) F(~ b ('U Cll"l If:- ~cc lc (DATE) I (SEAL) TO THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgment for possession of real property located at: Address if any: Requests that you issue an ORDER FOR POSSESSION for such property. Date: Plaintiff: (SiQnature on File) ORDER FOR POSSESSION,.",;,'iC' To: THOMAS H DACHEUX' (Sheriff or CertifiedJoons1ab'le) '.'! You are hereby directed to deliver actual possession to plaintiff, or his agent, of real property 10cat~"<1t(Give localiol~, and/or address): ; .i . ""' .... " , .Y.Jl ' .~--\, .f ~~." 'J; Jr,/ , . Mfl.. QJ,....te.lial.Distri.c. t. JUdge.; ",;<'/':'71:'': . Sherrif~6f~q~feqm;ta:t1It'!:l RETURN 'r ~ ',. " . \., '!'!.. . ". o Defendant (Name):\,.:t>'... · . o Adult person in charge (Name):",,'~,-+---+,~~~~__ Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of S81-\/iceJ at (Location and Address): jjJ Since non of theabpve found, served by posting a copy of the complaint con~.R.icuously on the premis.es at '(bate): A} r~ (Time): :3 :SD ~~. o Order satisfi d by ayment of rent in arrears and costs 0 Premises vacated without forcible entry and ejectment Amount Paid $ o Forcible entry and ejectment (Date): (Time): o Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent In arrears and costs. COMMONWEALTH OF PENNSYLVANIA '\:;OUNTY OF: CUMBERLAND . ,. Mag. Dlsl No 09-3-05 rv1D.J N,1I1H" lion ^d(lle~:; MARK MARTIN 507 N YORK ST MECHANICSBURG, PA I ,'Io'pl1.."" (717) 766-4575 17055 CHRISTOPHER J. STREMMEL 434 W SIMPSON ST MECRANICSBURG, PA 17055 RESIDENTIAL LEASE Judgment Amount $ 1,152.00 Costs in Original L T Proceeding $ .00 Costs in this Proceeding $ 10.00 Attorney Fees $ .00 Total $ 1,162.00 ... ORDER FOR POSSESSION, RETURN AND NOTICE PLAINTIFF: NAME and ADDRESS ~TREMMEL, CHRISTOPHER J 434 W SIMPSON ST MECHANICSBURG, PA 17055 L 'I _I VS. DEFENDANT: N,\MI .,,,(\ lllllllll "" fCOLE, YVONNE, ET AL. 434 B W SIMPSON STREET MECHAKICSBURG, PA 17055 L Docket No.: LT-0000274-06 Date Filed: 7/31/06 'I _J Time Filed: 8: 58AK Date Order Filed: 8/28/06 Yo (\-'1 LJ _7 V I) ~.. /i 7}:~ e, i , I:} Ii ,..:J 9 /8/) rj r. jf,<, , Date:~\ . , ..,... Time: Date: J', '2'410t.r:.,. Time: ~: 34/ l"',; $ $ $ $ $ $ Distribution To To To To To To (Prinl Name and r Itle) NOTICE TO DEFENDANT TO V ACA TE ty no author' ~ the ';4ner to.. be p~nt thereon, do n~ate thiS [.Jloperly WltlWl If21l iJIII ,LW; after the (date of service) . . <fWof. UGtJI! I '" he law authorizes me to use. and tmllst use. SUC./l force os I])ay be n 'essary 0 enter upon this r71p~ breaking in of any dool or otherW..ise, and to ei.ect yo.u and all un<.lu!l\ollzed occupants, tf necessary. eViction Will commence on . fQ after 12:01 AM. A r I J : "/i.Mj At any time before actual delivery of the real property is made in execution of the Order for Possession. the defendant may. 111 a case for the re- covery of possession solely because of tailure to pay rent. satisfy the Order for Possession by paying to the executing officer the rent actlli.llly II) anears and the cost of the proceedings. Con'lplete if juelgment of possession is based solely on failure to pay rent. Rent in Arrears $ AOPC 3118-06 ~,^tb\f "~ If Costs S CHRISTOPHER J. STREMMEL, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. : NO. 06-5425 CIVIL TERM YVONNE COLE Defendant CIVIL ACTION - LAW : ARBITRATION CASE CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby certify that on September 2!1, 2006, a true and correct copy of the foregoing Complaint was served via First Class Mail postage prepaid on the following: Geoffrey M Biringer MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Date: ~f~ d--~O~ By: ich el . Pykosh, Esquire Law Office of Darrell C. Dethlefs Attorney Id.: 58851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 r--.:I Cd c:,::~ CI''''"'' C,/) r1", -"0 ~ f"".) ...0 ,-) =n .-t :r:...,., \1< t~~ C? ~ v ~ v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A S'I34 : NO. 06-~CIVIL TERM CHRISTOPHER J. STREMMEL, Plaintiff YVONNE COLE Defendant CIVIL ACTION - LAW PRAECIPE TO ENTER A DEFAULT JUDGMENT To the Prothonotary: Please enter a default judgment in favor of Christopher J. Stremmel and against Yvonne Cole in the amount of $6,690.92. A Notice of Appeal f70m the District Justice was filed on September 15,2006 in which a rule upon Christopher J. Stremmel was issued to file a Complaint. On September 29, 2006, a Complaint with Notice to Plead was filed and forwarded to Geoffrey M. Biringer, the attorney of record as set forth on the Notice of Appeal (see Exhibit "A" attached). As no answer was filed, a 10-Day Default Notice was forwarded by first class mail via Certificate of Mailing on November 2,2006 upon attorney Geoffrey M. Biringer and on Yvonne Cole at the address as set forth on the Notice of Appeal (see Exhibit "B" attached). As of this date, Defendant has failed to file a responsive pleading, we hereby request a Judgment by Default. Respectfully Submitted, Date: ill ~ J {ob Micha J. ykosh, Esquire Attorney for Plaintiff Law Office of Darrell C. Dethlefs Attorney J.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Darrell c. Dethlefs* Michael J. Pykosh* LAW OFFICE OF DARRELL C. DETHLEFS *Licensed PA Title Agents 2132 Market Street CampHill,PA 17011 Fax: (717) 975-2309 Phone: (717) 975-9446 E-mail: DDethlefs@aol.com Lel!al Assistan Sherry L. Deckmar Laryssa E. Van liE Law CierI Bryan W. Shook. J,[ September 29,2006 Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, P A 17013 Re: Christopher J. Stremmel v. Yvonne Cole No.: 06-5425 CIVIL TERM Dear Mr. Biringer: Enclosed please find the Complaint against Yvonne Cole relative to the appeal that you took with respect to this Landlord I Tenant matter. Should you have any questions, please do not hesitate to contact me. Enclosure . Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 The Law Office of Darrell C. Dethlefs- "Your Full Service Law Firm" http://www.dcdlaw.net LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Michael J. Pykosh* Bryan W. Shook 2132 Market Street CampHiIl,PA 17011 Fax: (717) 975-2309 Phone: (717) 975-9446 E-mail: DDethlefs@aol.com Lee:al Assistant Sherry L. Deckman Laryssa E. Van Lie *Licensed P A Title Agents November 2,2006 Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, P A 17013 Re: Christopher J. Stremmel v. Yvonne Cole No.: 06-5425 CIVIL TERM Dear Mr. Biringer: Enclosed please find a 10-Day Default Notice relative to the above referenced matter. Enclosure . . Mailing Address: P.O. Box 368, Camp Hill, PAl 7001-0368 The Law Office o/Darrell C. Dethleft- "Your Full Service Law Firm" http://www.dcdlaw.net CHRISTOPHER J. STREMMEL, Plaintiff : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA St/31 : NO. 06-565 CIVIL TERM v. YVONNE COLE, Defendant : CIVIL ACTION - LAW 10-DA Y DEFAULT NOTICE TO: YVONNE COLE Attention: Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, P A 17013 DATE OF NOTICE: November 2, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOUR SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17 (717) 249-3166 Date: ~l \3...l 0 b By: - Michael Pykos, Esquire 2132 Market Street Camp Hill, P A 17011 Attorney J.D. 58851 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs'" · Michael J. Pykosh'" Bryan W. Shook 2132 Market Street Camp Hill, PA 17011 Fax: (717) 975-2309 Phone: (717) 975.9446 E-mail: DDethlefs@aol.com *Licensed PA Title Agents Leul Assistants Sherry L. Deckman'" Laryssa E. Van Lieu November 2, 2006 Yvonne Cole 106 Garrison Lane Apartment 2 Carlisle, P A 17013 Re: Christopher J. Stremmel v. Yvonne Cole No.: 06-5425 CIVIL TERM Dear Ms. Cole: Enclosed please find a 10-Day Default Notice relative to the above referenced matter. Very truly yours, M1P/lev Enclosure . . Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 The Law Office of Darrell C. Dethlefs - "Your Full Service Law Firm" http://www.dcdlaw.net CHRISTOPHER J. STREMMEL, : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 06-5425 CIVIL TERM v. yVONNE COLE, Defendant : CIVIL ACTION - LA W 10-DAY DEFAULT NOTICE TO: YVONNE COLE 106 Garrison Lane Apartment 2 Carlisle, P A 17013 DATE OF NOTICE: November 2, 2006 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOUR SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-316 Date:J{OV 1 ,~Ot? By: Micllae J. ykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Attorney I.D. 58851 (717) 975-9446 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: One piece of ordinary mail addressed to: 112"" 8L h'lIDVENN LE6AL SEK'VICES SpS 401 ~ Lou-TI-le.e STl<eET. flu-rn:- 10'3 Cr:H2Ll~LE') VA \1013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER (....... Received From: fOLD s>AQQI5DN ~NE.~ APARTmENT J- Cr-HQUSLE/?Ac. nOI :s PS Form 3817, January 2001 C> :5i;A- ;;; c:::J Ul. ffit..O ~U"1 rv o o o o ~"I r-l!J i~ U ~~ z n c:: o ::D . :1>< ::I: CIl ::I: --0-0. 00-.1 ::D C::NO:t:--o z.--oo -l.-r CIl o r -l OJ ;, ~ ::D JTl o C o o ~~b r-l!J ~~ s... I;lill z n c o :1> . ::D< ::I: v, ::I: --0-0. 00-...1 :1> CNCI_<: z.-......oo -l .-r v: o r --I C). :1> ." C1 :1> JTl ~ ,........ ~ ~ (' -."; = ~ l c: c:::;) (' ~ -uS'.: <::I'" ~ ... U3 Z :r ~ <;:). r'1'lrn 0 (' ~ ~i2~' <: n1~ ~ -"' C/) /.. N " ~ ~(} W :J;) --t '" ~~O t ~ ~ ~( .." +=n ~ V3 c-"".c :::r: ~;;t (") ~ J..." c. N Om - ~ \ 2; (\l --I ::2 r'-> s:; ~ ""< r.<) -<