HomeMy WebLinkAbout95-05076
~
J
,
!
I
J
J
j
1
I
I
I
!
~
~ ,//
"'l f
F
003057-OOOIIIScplcmbcr 20, 19951DIUKKMl46655
GEORGE O. PREBLE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,.' - ,
NO, 1J 5'( 7(. (I, ," l
Plaintiff
v,
VICTOR 0, NOTARIANNI,
CONFESSION OF JUDGMENT
IN EJECTMENT
Defendant
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the
Complaint filed in this action. I appear for the Defendant and confess judgment in favor of the Plaintiff and
against the Defendant as follows:
Unpaid Rent
Late Fees
Attorney's Collection Fee (20%)
$4.050.DO
$267.00
$843.60
$5.160.60
TOTAL:
JOHNSON. DUFFIE. STEWART & WEIDNER
Date:
'1\~.'~(\)
.
{ ~' ,[/'
, ~ "'.....l: t.."""'"
David J. Lanza
Attorney 1.0. #55782
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Defendant
BY:
0030H~OO(11I1Seplembcr 20, 199'101 UKKMl4665S
GEORGE 0, PREBLE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
NO.
v,
CONFESSION OF JUDGMENT
VICTOR D. NOTARIANNI,
IN EJECTMENT
Defendant
CONFESSION OF JUDGMENT IN EJECTMENT
Pursuant to the authority contained in the Warrant of Attorney. a copy of which is attached to the
Complaint filed in this action, I appear for the Defendant and confess judgment in ejectment in favor of
the Plaintiff and against the Defendant for possession of the real property as follows:
516 Kevin Court. Wormleysburg Borough (Camp Hill). Pennsylvania 17011.
JOHNSON. DUFFIE. STEWART & WEIDNER
Date:
11 L"\i5'
.
.~~v~'~,~
David J. Lanza
Attorney 1.0. '55782
301 Market Street
P.O, Box 109
Lemoyne. PA 17043.0109
(717) 761.4540
Attorneys for Defendant
BY:
OOJ057'()ooIIIScplcmbcr 20, 1995/DJUKKMl46655
7, The aforesaid Lease requires Delendant to pay unto Plaintiff $675.00 per month.
8. Defendant has failed to make the required monthly rental payments in a timely fashion from
the inception of the Agreement and has made no payments Irom and alter July of 1995,
9. As a result of Defendant's failure to make the monthly rental payments, the remaining
monthly payments have become immediately due and payable,
10, Under the terms of the aforesaid Lease. Plaintiff is entitled to immediate possession of the
premises at 516 Kevin Court.
11, Under the terms of the aforesaid Agreement, the Defendant is also obligated to pay the
Plaintiff the expenses of collection. including attorney's fees of 20% of the amount due.
12. Defendant is also obligated to pay late fees in the amount of $3.00 per day for every
payment which is late,
13, There is justly due and owing to the Plaintiff Irom the Defendant on account of the aforesaid
breach the sum of $5,160,60. calculated as follows:
Unpaid Rent
Late Fees
Attorney's Collection Fee (20%)
$4,050.00
$267.00
$843.6D
TOTAL:
$5.160.60
14. Plaintiff has demanded the unpaid amounts from Defendant. but Defendant has refused to
pay the same or any part thereof.
OOJOS7-OOOIlIScplembcr 12. I99SIOIUKKM/466SS
VERIFICATION
I, George 0, Preble. do verify that the statements made in the foregoing Complaint for Conlession
of Judgment are true and correct to the best of my knowledge, information and belief, I understand that
false statements made herein are subject to the penalties of 18 Pa,C,S, S4904 relating to unsworn
falsification to authorities.
Dated:
9-/5"-95
Sworn to and subscribed
before me this 1.2: day
of ~~, ,"c " \~.L ,1995.
~.
NOTARIAL SEAl
DONNA It LINDSEY, NoIMy Pwlic
Lemoyne Borough CumbeilaOO Co,
My Commi$lion Expires Ma'. 15, 1999
I
--, ::~~~~;f?: -
Ii"
THIS IS A LEGAL DOCtlMENT. DO NOT SIGN THIS
LEASE AGREEMENl' tlNTIL YOU HAVE READ rr CAREPtlLLY.
'IBIS LEASE, made this 30th day of November ,19~, betWeen
George O. Preble ,the Owner or Landlord, AND Victor D. Notarianni
(hereinafter whelher one or DIOre, referred to as OTenantO)
WITNESSETH:
The Owner hereby leases to Tenant aDd the 1al:ter leIS from the foeDer, the premises de$igroot""
as: 516 Kevin Court, Camp Hill, PA (hereinafterca1ledtheopremisesO),forthe
tem1 of 1 year ~n;"g on the 1st day of February . 19~ and endin&
OD the 11.,. day of TllInnsl1-Y . 19.9.6.-t at the rent of F.; fh" Thnn-rAnrl Onfl! Rnnrlrfl!rI Dollars
per year payable in DIOIIlhIy installmentS of Six Hundred Seven tv-five Dollars
($ 675 . 00 ) due on the 1 ~ of each and every DIOI1th in advance.
This leuiDg is upon the following terms and conditions:
1. R=. Tenant agrees to pay to Landlord the monthly rem set forth above on the 1 s t
dayofeachDlOnthinadvance, at 631 Rupley Road, Camp Hill, PA ,Tenantfurther
shall pay a late charge of $3.00 per day begimling on !he 3rd day of each DIOmh. Payment is deemed
received only upon arrival at 631 Ruolev Road, Camo Hi 11. PA , If any check for
!he rent is returIled to Landlord for insufficient funds or other reasons, a $20.00 service charge will be
chatged in addition to charges which Landlord is assessed by Landlord's bank.
2, Wliver of Notice to 0IIit. Tenant hereby waives the usual DOtice to quit and IJr0e5 to
surrender the premises at !he expiration of said term, or the termination of this lease for whatever
reasons. forfeilllre or otherwise without notice from lessor wlwsoever, If proceedings shall be
commenced by Landlord to recover possession of the premises, either at !he expiration of the term or
EXHmIT . A.
COpy
~ .
~
earlier termination of the lease, or for non-payment of rent, or for any other reasons, Tenant specifically
waives the right to three (3) months notice and to fifteen (IS) or thirty (30) days notice or any other
notice required under the Landlord and Tenant Act of 195 I as amended, and agrees that no notice
'vharsoever shal1 be required,
3, Termination and Renewals, This lease aareement shalI automatically terminate at the end
of the lease term unless both parties aaree in writin& prior to the expiration of the lease term. At the
expiration of the lease term, Landlord reserves the right to increase the rental amount or alter any portion
of this lease qreement for any renewals thereafter. Landlord also reserves the right to recover
possession at the expiration of the lease term.
4. UK, No unit shalI be used for any other purpose other than a private dwellin& for the
Tenants or Tenants and his, her or their immediate family. No professional business or home occupation
of any IWIIre shal1 be P"""itt....t to be cotlducted within the unit even if accessory to the main residential
use of the unit. Tenant shal1 not permit or suffer anything to be done or kept upon or within the unit or
which will interfere with the rights of the other occupants, anooy them with umeasonable noises or
otherwise, nor will Tenant commit or permit any nuisance or commit or suffer any immoral or illepJ.
act to be committed within the unit.
5. Utilities. Tenant undersWlds that equipment for utilities to service the unit is insta1led
therein and Tenant aarees that the cost of utilities shal1 be paid as follows:
UTILITYfSERVICE
TO BE PAID BY
Heating of Premises
Heating of Water for Premises
Electricity
GIS
Water
Telephone
Cable TV Service
Sewaae
I wtor Service
Septic Cleaning
Oil Burner Cleaning
Lawn care
Lawn Care within Fenced area
Tenant
Tenant
Tenant
N/A
Tenant
Tenant
Tenant
Landlord
N/A
N/A
N/A
Landlord/Association
Tenant
COpy
,
Snow removal Tenant (House to Public Sidewalk)
Landscaping
Leaf Removal
Association Fee
Associat ion
Association
Association
Landlord
Landlord shal1 have the right temporarily to stop the services of any utility in the event of an
accident affecting the same or to facilitate repairs or alterations made to the Building,
6, Care of Premises, Tenant shal1 use due care in the use of the premises, the appliances
therein, and all other pans of Owner's or Agent's property. It shal1 be the responsibility of the Tenant
to repair and m.int2in. at Tenant's expense, all appliances including, but not limited to, washer and
dryer, electric range, refrigerator, trash compactor, dishwasher and prbage disposal. In the event that
any of the foregoing appliances shall not be repairable, Landlord will, at Landlord's expense, replace said
appliance, Landlord shall have full discretion as to whether any given appliance shal1 be repaired or
rep1aced. Upon the expiration or sooner termin.rion of this lease, all appliances DOt ill working condition
shal1 be repaired at Tenant's expense and the cost thereof shal1 be deducted from Tenant's security deposit
as hereinafter provided.
7, Rules and Rel!Ulations Conceminl! Use and Occunancv. Tenant's use and occupancy of
the unit, and other portions of the property shall be subject to the following regulations:
A. No dog, cat or other animal of any kind will be brought, permitted or
kept in the apartment or elsewhere on the Owner's property. In addition to the penalties
contained in this lease, Landlord may assess a SSO/month charge against Teoant for any
animal found on the premises,
B. Tenant(s) members of his (their) family, his (their) visitors and servants
shall DOt at any time make any noise, do anything or conduct themselves in any way
which disturbs any other resident or interferes with the rights, comfort, or conveniences
of any other resident. Musical or sound reproducing instrUments or singing within the
apartment shal1 be inaudible outside the apartment between 11 o'clock each night and 9
o'clock the following morning.
COpy
,
C. No resident shall place or permit to be placed or maintained any sien or
advertlsinl matter or device or any roof aerial or other struClllre in any window of the
apartment or elsewhere or upon the Owner's property. No resident shall place or permit
to be placed or maintained any awnmll, screen, shade or blind in or at any window of
the apartment without prior consent of the Owner or Alent. DaIDalIe to stonn doors and
windows due to DOlIlillence will be the responsibility of the TenanL
D, Tenant shall use plumbing and elec:ttical Installations only for their
intended purposes and shall be fully responsible for the m.intl'n.nce of same and for
cleaning any stoppqes in waste water lines.
E, Maximum occupancy: No more than -2- person(s) will be permitted
to occupy the apartment, desianated as ~1" ICo>v; n r.nnrt
F. Tenant(s) qree(s) that Owner may chanp these regulations from time
to time as may be required to protect the apartment or Owner's other property or add to
Tenant's enjoyment of it.
G, Tenant agrees to use due care in the use of the leased premises, including
the appliances therein, tollether with all other pans of the leased premises. Tenant shall
be responsible to pay for repairs with respect to the appliances and all other pans of the
leased premises which are necessitated by any lack of care on the part of Tenant or
members of Tenant's family or Tenant's visitors, In the event that any appliances must
be replaced, Tenant shall live notice to Landlord and Landlord shall be responsible to
replace the appliance within a reasonable time after said notice.
H. Tenant is required to use the security system, if any, which Landlord has
insWled on the leased premises. Tenant shall IIOt deactivate or disconnect any such
system. or any part thereof, at any time, tenant shall maintain all smoke de-
tectors, including the replacement of batteries,
COpy
,
,
I. Any window or other 81ass broken during the term of this lease shall be
the responsibility of TCIIlIIIt.
J. Tenant shall be responsible for routine maintenance of the electronic dust
filters, if any.
K. Hallways, walkways, stairs, storage areas, landings and emryways shall be used
oo1y for access to and from the apartment, shall DOt be used for c:hildren's play areas, and shall be kept
clear of bicycles, waste receptacles, toys and other articles at all times,
L. All trash and rubbish is to be placed in plastic bags inside containers provided
by liitiit. All debris, rubbish and trash must be placed in proper containers.
M. TenantS shall keep the apartment in good and sanitary coaditiOD.
N. Tenant shall DOt change locb or install additional locks, without the written
consent of Landlord.
O. TCIIlIIIt is DOt permitted to use or store any kerosene or space heaters in the
apartment.
8. Delivery of Possession bv Landlord, If, due to circumstances beyond Landlord's cootrol,
the unit shall DOt be ready for occupancy at the beginning of the term herein provided, this lease shall
nevertheless remain in effect and the rent shall be abated proportionately until the unit is ready and
Laod1ord shall DOt be liable for delay; provided, If the unit shall DOt be ready of occupancy sixty (60)
days after the beginoiog of the term as herein provided, Tenant shall have the right to cancel this lease
by written notice delivered to Landlord at any time after the expiration of sixty (60) days, but not after
the unit is ready of occupancy. Tenant's remedy shall be limited to such right of cancellation and upon
such cancellation neither party shall have any further rights qainst the other, save Laod1ord shall repay
any deposit made by Tenant. If Tenant shall occupy the unit prior to the beginning of the term as herein
provided, such occupancy shall be subject to the terms of this lease and Tenant shall pay prior to
COPy
.
occupying the unit rent for the same period from the date of such occupancy 10 the beginning of said
term.
9. Damal!e bv Fire, If the unit is damaged by fire or other casualty, Landlord shall repair
within a reasonable time and rent shall continue unless the casualty renders the unit untenantable, in
which case this lease shall terminate and Tenant, upon payment of all rent 10 the date the unit is
surrendered, shall not be liable for any further rent. If only a portion of the unit is rendered
untenantable, the Tenant may, with the mUl11al agreement of Landlord, alternatively choose 10 continue
in possession and shall thereupon be entitled 10 a pro rat! reduction in the amount of rent provided that
the election 10 proceed under this alternative shall not be a waiver of Tenant's right 10 terminate if repairs
are not made within ninety (90) days,
10. Prooem Damal!e and Personal IniurY. Tenant agrees that Landlord shall not be liable
for property damage or personal injury occurring in the unit or elsewhere on the property unless the
damage or injury results directly from Landlord's negligence, Tenant is instrUcted 10 purchase, at
Tenant's expense, a Tenant'S Homeowner's Policy 10 insure his personal injury 10 Tenant, other
occupants, guests, or visilOrs, that occurs within the unit or elsewhere on the property.
11. Ril!ht of EntrY. Landlord, or any person authorized by Landlord, shall have the right 10
enter the unit at reasonable times 10 inspect. replace appliances as needed, and, after notice of termination
is given, 10 show the unit 10 prospective tenants, Landlord shall give Tenants notice of his or their
intention 10 enter, if possible. However, notification shall not be necessary in case of emergency.
12. Security Dl!tlOsit. Tenant agrees 10 pay as security deposit the amount of
Six Hundred Seventy Five (5 675.(1(1 ) prior 10 the occupancy of the unit. The security deposit
shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant 10
Landlord, for the Tenant's performance of this lease and against any damages caused by Tenant or
Tenant's family or other occupants 10 the unit or the Qwuer's property, Tenant undentands and agrees
that the security deposit may not be applied as rent or as a&ainst any other amount due from Tenant 10
Landlord, without Landlord's written consent, and that monthly rent wUl be paid each month, including
the last month of the lease term. Within thirty (30) days fol1owing the termination of this lease, Landlord
COpy
'.
shall relllrIl the security deposit, less any deductions from it on actOUDt of amounu owed by Tenant to
Landlord by check payable to all persons siping this lease, mailed to a CorwardiDg address which must
be furniilied by Tenant in writing within twenty (20) days after removal from the unit,
13. Default,
A. If Tenant defaulu in the payment of any pan of said rent after sUlle becomes due or in
the case of a breach or evasion or any attempt to brealt or evade any of the covenanu or conditions of
this lease, the entire rent reserved Cor the full term of this lease rem.inil1g unpaid shall immediately
become due and payable at once and may be Corthwith coll~ by distress or as otherwise provided
herein, and at the same time, the lessor may Corfeit and annul the expired portion of the term and enter
upon and repossess the said premises with or without process of law and without aiving any notice
whatsoever, which notice Tenant expressly waives,
B, If Tenant shall become insolvent, make an assipment Cor the benefit of creditors, commit
any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment shall be entered or an
involuntary petition filed against Tenant, all the rent reserved for the full term of this lease shall become
due and collectible at once by distress or as otherwise provided herein at the option of lessor.
C, Upon default of this lease, Landlord may enter the unit as agent of Tenant and in
Landlord's own right without being liable for prosecution or damages thereCor and relet the unit as agent
of Tenant and receive rent therefor.
D. Upon such entry, all righu of Tenant to possess the unit under this lease shall be
forfeited. Such entry by Landlord shall not operate to release Teoant from any rent to be paid or
covenants to be performed during the fullterm of this lease.
E. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to
the unit as may be necessary to place the same in aood order and condition Cor the purposes of relettinl.
COpy
F. Tenant shall be liable to Landlord for the reasonable costs of such repairs and all
reasonable expenses In relettlng. including, but not limited to, any real estate brokerqe commission
actually paid,
G, Tenant's removal of any goods from the premises either by day or night, without the
written consent of lessor, shal1 be deemed a clandestine and fraudulent removal, and such goods shall
remain liable to distraint for a period of thirty (30) days after such removal wherever they may be foUDd.
14, Confession ofJudl!lllent for Monev, Tenant agrees that if the rent or additional rent or
any charge reserved In this lease as rent shall remain unpaid for a period of five (5) days after written
notice is provided, or if Tenant violates any covenant of this lease, that Landlord may cause judplent
to be entered against Tenant, that for that purpose Tenant hereby authorizes and empowers Landlord or
any Prothonotary, Clerk of Court or attOmey of any Court of record to appear for and confess judgment
against Tenant and agrees that Landlord may commence an action pursuant to PemJSylvania Rules of Civil
Procedures for the recovery from Tenant for all rent hereunder. includinl all acceleration of rent
permissible under the provisions of this lease and all charges reserved hereunder, Including charges for
damage to the premises, as well as for interest and costs and attOmeys fees or commissions, for which
authorization to confess judament, this lease, a true and correct copy thereof, shall be sufficient warrant.
Such judgment may be confessed against Tenant for the full amount of rent and arrears and all rent due
to the end of the term herein provided, as well as for interest and costs and attOmeys commissions of
twenty (20%) percent of the full amount of Landlord's claim against Tenant or an attorneys fee of Five
Hundred ($SOO.OO) dollars, whichever shall be greater.
Authorization is hereby granted for multiple confessions and shall not be exhausted by one or
more exercises thereof.
COpy
"
Tenant, by affixing his signature immMi.t~ly at the end of this paragraph, hereby consents to the
warrant of atrllmey to confess judgment and such consent is made undentOnrlingly, intentionally and
volunt.arily. Tenant represents that Tenant's ammal income is in excess of S10,OOO,OO,
.~:
~~7~.
15. Confession of Judlllllent for Possession of Unit. Tenant agrees that if this lease shal1 be
term;n.t..!, either because of conditions broken during the term of this lease of any holding over thereof,
or when the term hereby created shal1 have expired, then, in that event, Landlord may cause a judgment
of ejecanent to be entered against Tenant for possession of the unit, and for that purpose Tenant hereby
authorizes and empowers any Prothonotary, Oerk of Coun or atrllmey of any coun of record to appear
for Tenant and confess judgment against Tenant in ejectment for possession of the uniL Further, Tenant
covenants and agrees that Landlord may commen~ an action pursuant to the PemlSylvania Rules of Civil
Procedures for the entry of an order in ejectment for possession of real property, and Tenant further
agrees that a writ of possession pllISUlllt thereof may be issued forthwith, for which authorization to
confess judgment and for the issuance of a writ or writs of possession pursuant thereof may be issued
forthwith, for which authorization to confess judgment and for the issuance of a writ or writs of
possession pursuant thereof, this lease, or a true and correct copy thereof, shal1 be sufficient warrant.
Tenant, by affixing his signature immediately at the end of this paraKflPh, hereby consents to the
warrant of attOrney to confess judgment and such consent is made understandingly, intentionally and
voluntarily and that Tenant's annual income is in excess of $10.000.00,
w~
'<-rAf ~~._
-
-
COPy
,
16. Subordination. This lease is subject and subordinate to the lien of all existing mortgages
and all mortgages hereinafter placed upon any pan of the property which includes this unit. Tenant
agrees, on request, to execute such further instrUments evidencing such subordination as Landlord may
request, and, if Tenant fails to do so, Landlord is hereby empowered to do so in the name of Tenant.
17. AssivniDll and Sublettinl~. Tenant shall not assign this lease or sublet all or any portion
of the unit without Landlord's prior written consent.
18. Declaration of Goveminl! Laws, This lease shall be governed by, constrUed and enforced
in accordance with the laws of the Commonwealth of Pennsylvania.
19, Cumulative Remedies. The specified remedies to which Landlord may resort under the
temIS of this lease are cnmntMive and are not intended to be exclusive of any other remedies or means
of regress to which Landlord may be lawfully entitled in case of any default or thr-t",ed default by the
Tenant of any provision or provisions of this lease,
20. Entire AllY'eement and Modification. This lease contains the entire agreement between
the parties and any executory agreements hereafter made shall be ineffective to change, modify or
discharge this lease in whole or in pan, unless such executory agreement is in writing and signed by the
parties against whom enforcement of the lease, modification or discharge is sought,
21. Lease Bindin2 Uoon Heirs. Executor!. Adminimatot!. Successon. and Assims. The
term 'Tenant' used herein shall refer collectively to all persons named above, and signing this lease as
Tenant, and the liability of each such person shall be joint and several. Notice liven by Landlord to any
person named as TelWlt or by any such person to Landlord, shall bind all persons signing this lease as
Tenant. The term 'Tenant' shall also refer to any persons named as heirs, executors, .t1minictrators.
successors, of the respective parties hereto as if they were in every case named and expressed.
22. Severabilitv. If any provision of this lease shall be declared invalid or unenforceable, the
tfmoini"g provisions of this lease shall continue in full force and effect.
COpy
.'
. .
. .
IN Wl'l'NFSS w.t1Ud:OF, the putles bereco. Int...ntI1ni to be leplly bound bereby, bave
bereunto set their baIIds aDd seals the date aDd year fint-above writtel1.
)I TENANT:
~~~. -
(SEAL)
(SEAL)
"0
(SEAL)
C;Df14".r 0.'
~~ //1/ K~A' ~,
//~- P1~.. 1:77V11'~,dl/rM.f S-.,,-.
(/J r-Mv.e? /o/,n.c/otX" :;-~,
COPy
-,
;.-
~~_-..-...:.,.
SfP ZZ 2 33 PH '95
t \1 ~.
or 1;,,~~'~rrlcE
(l,CUHEER~'fN" U~,~nTA!lY
PENNSY' . \ Jlln
;L ~""it $V
l ,.1< I q.-
.~. (,,)
t ~
74:a!L ~
c; .1j{~
}.
16}.J(,!l(fl ->-41
.
...-......1:'....
--,-
.
.
.-,C; .
...~o../'.....
....
. ".....-...;.
1-
I
,
,
\
.
,
I
.
t
"
.
__\lLLt~~
.-' lCJU'b~~'
,
,
i
\:. .
"III!
q_ )..J;..q J-
..
I
\
I
,
I
!
i
I
I
,r
,j
~
0030""000 llISeplember 20, 199'IOJ LlKKM/466S'
GEORGE O. PREBLE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
NO,
v.
CONFESSION OF JUDGMENT
VICTOR D, NOTARIANNI,
IN EJECTMENT
Defendant
TO: Victor D, Notarianni
You are hereby notified that on September ') 2 ,1995, judgment by confession was entered
against you in the sum of $5,160.60 in the above'captioned case, and for possession of 516 Kevin Court,
Camp Hill (Wormleysburg), Pennsylvania 17D11, .
Date: Cf- 11.. q /(' ~6..J..1 ,) JJ iL\ tc"'JI
I ( - ( rot:tnotarv 1 _
- { , I
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER Af1i C;; 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.
Court Administrator
Cumberland County Court House
1 Courthouse Square
Carlisle. Pennsylvania 17013
Telephone: (717) 240-6200
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
516 Kevin Court
Camp Hill. PA 17011
~v
Attorney for Plaintiff
IN WE <Xl.IRI' OF C(MOl plEJIS OF ClMJ,ERLI\ND caM'Y, pJ:N'6{LVANIJ\
CML DMSION
File No.
95-5076 Civil Term
GEO~ o. PREBLE,
Amount Due $5,160.60
Interest from 9/22/95
Atty's Comn
Costs
Plaintiff
v.
VlcroR D. t'Ul'ARIANNI,
Defendant
ro THE pRO'llIOoorARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installrrent sale, contract, or account based on a confession of judgrent, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
arrended; and for real property pursuant to Act 6 of 1974 as arrended.
PRAS;lPE fOR EXJ;X:l1l'ION
Issue writ of execution in the above rratter to the Sheriff of cuntlerland
County, for debt, interest and costs upon the following described property of the
defendant (s) T P'l}' llpnn And Sf> 11 All nersonal urooertv of Defendant , Victor D.
Notarianni. including all furniture, household goods. electronic equipnent. appliances,
vehicles and other lTDveable personalty of the Defendant situate at Defendant'S residence
at 516 Kevin Court, Carrp Hill (Wormleysbur9), PA 17011.
PRAFX:IPE fOR ATl'JIOHNl' EXELUl'lON
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant! s) in the possession. custody or control of the
said garnishee(s).
I
\
I
,
(Indicate) Index this writ against the garnishee( s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
~
O:tober 4, 1995
Signature.
DATE:
David J. Lanza
Print Name.
Address I
301 Market St., P.O. Ibx 109
LemOyne, PA 17043-0109
Attorney forI Plaintiff
Telephone:
(717) 761-4540
Supreme Court ID No.: 55782
fobtes. If real property, supply six copies of description including ilrprovements and an
original and copy of affidavit of ownership (PaR.C.P. fob. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
C0
~
.....
--
I-\J
...t::- ~
\' ~- (-,;t
.-... ""~
l' ",,..,
=
,.,
-'
..J
It
l;).
-
"
~ ,'-..
"J...-'YV1
v. v-
(' I'
r..-
r
c
<.J' ~
(~ "
::.J-
-
~
"
(3;
I
I
.
.
.-"""...
.-
.
.
''''1'1'11"'' 1.'-.'1:
r j- - ,J 7J 7 C,
-
-.J
Oct \ \ 2 110 PM '95
-.: ; rr-
<~-~h~
.P'
Ii rf hiJ
ru
0;. /' j1U
(1(/
, -
/r ~
{,J.
I~
'WRIT OF POSSESSION 'Ejectment Proceedings PRe P 3160. 3165 erc I
George O. Preble
1:-; TIiE COL'RT OF CO:-l:-IO:-; ?LE.\5 OF
CnlBERL\:-'"D COl-:>'lY, PE~-:-;SYI.\".\.."1.\
------------------------------------------..
~t}. mJ..~:__!?g_'_~m~.iJ!,tL____m_ Term 19--____
--------------------------------------------
:0;0,
T~rm ~9______
--------------------------------
,""
Com
15.00
..----------------------------- $------------
Victor D. NotHriHnni
.\::'y.
--------------------------------------------
516 Kevin Court
CHmp Hill (Worm1eysburg) PA
._________._________________________1.1~1_ i
J
Pl'f! s, ._________________.__________ $------------
P~rhy. ______________________________ s___Jl~g_Q___
--------------------------------------------------.
---------------------------------------------------
cmnlo:-rWEAl.TIi OF PE.'-:-;SYLV.\.."t.\:
COL'~ OF CnIBERI..\..""D:
T" the Sheriff oi _______.CJIHBERJ..ANDu___.______ C.:>un:v P=u.
; 1: To tatisiy ~e judgment :'or ~sion ;n :.':e ~bo.'e m:lt:e~ "ou Me direc:ed :0 .:e:i,'er ;xmession oi the
:oilowing described p~ ,:0:
George O. Preble
---------------------------------------------~--------------------------------------..----------------
------------------------------------------------------------------------------------------
?!.1in::if 'I'
being: , P:-emises 3S foilaws) :
516 Kevin Court
Camp Hill (Wormleysburg) PA 17011
.' To sm.rv:be ~t11~1 t1aedefmlwll I' "OU 1fe directed to ,eo..... '~?<>r. .l.'W?l'Oper.;')( -:he d~.
d.ult t.: J.D<i lea hll !'1.: ."r :..,eir ::Urtnl ~':erl!:n.
LHwrence E. Welker
--------------------------------._--~-------------
Octob.'r 11, 1995
D1re .........--......... ..-- -.... ...-
,St.o\L
?rorr.on"","'" C.>r.1."n01 ~ns C^,ur. ,,j C~Uld
WIL"l:V\ ~ . J
...--t!':::~.-l-. .--~!-:-(l:~J6~..--
"
c.
-
u
=
~ . ~ ~~
r ~..!
~ ~ i ;:' I ~
, ~~i!,"~
~~~~i;1
' ~:Jj= ~
:. ~~t~~
i~'llli .,.
("J.,I~" I
-....
~$
~ -
:; ;
~ ~
~
':<
~
-
'.
-
-::;;
?'=
...-:
...
~:;;
-
..
:i
.
..-
-~
s:~
::.,:!:
=:;iJ
:'" :r.
., ::
;; 2
1
...
...
... ...
,
~
~
'Ul
--L-
o
o
o
o
.-:
.....
n
,.,.
o
11
C
z
o
,.,.
It
11
.....
It
:l
:l
.....
~
III
o
11
I.Q
III
o
...
?-
?-
..
.'
'0
11
III
a ")
..... :'r:-
III "', ~
r ','
"7:".!
c:=t
fi
-
-
-:z
;;
--
:I::
='!-
:= ."
- ...
:>:
~-
-;;
-~
:.;-
=:;;
2-
--
<;
-
-,..
:P.=
2-
22
:r.-
~-
-~
;,....,
;;:.n
2::
;::~
'IL)
;Ul
I
'Ul
,0
,'"'
,.,..
n
'.....
'<
.....
f-'
-
.'
~
"
~
i
I
I
',=
=
Bv ,-::ule"i :!Us ,,-:it. on ::1" __~!_~~_________u___,iJ.. )( __~_~y~_~!?_~~_u__u__________..___ :'1.9.'2__
:~us~.i :h~ within namec ._~:.?_r.:~.':_?_: _y":~_~!~______._.u________.___uu____________. m_ .----, :~
:r..':, :)o)ismion ,,: :hr "rom".,.. """,::0.-1 ',n~l\~MlSX~&X,X*,l! __,;.:'''_.t;::~in_Cou.r:L___. ,- ._.u. .
. ~ . ..
Mechanicbsurg
--------------------------------------------------.---------------------------------.-----------------.
-------------------------- --------------------------------------------------------------------------.
___~~_::.~~!_~~u:~_~ ~_~:_____.~u~?:.~9. _._m_ _:.:!_~~?_ _~~_ _~E_t.L_!_l_~ :.2_Q___u_. .--. n - -- ----
------ - -- ._--...- --....------------. -...--.-..----....- --- .--.. -- .-----..-..- -_..- ----- --- ---- --.. _..---- --_.
'.;.~ ...: : :.
rL.
. , ' J1~
..."\.,,.~ ..ne. .uC'.,,:~Ot"'_ '.) '!;!. 'I!... "jl" .._._~_. ._--- ~/.
l." .. _':I~~.~_.____.__._"'_______,_,_(..
..-------:,l~...~.-~;--?~.< ~~,----
il,11.;;\Hl,'L1."
_ __ .____ _r;:;__':;_::::-_..~~. -'.., ". --
, ':';~~nt:-
/ I I -d'
.[<:t.l, ;':~.."S"h .._..:-.:..~"Ji.___ .-- .-----..-..........-
'''~U:'.
J("t.. /I.,I'!J-
.HFfdl v." hF~":HI
(',AF-.fj j' tiLL
(^~:E lh:J: lLJ"4 O(,7~!(~ r
1 f,lMMflNWEALTH OF F'rNW:~,(l.\'Mj:,,:
COUNTY (IF (I!M8EELMH'
p(IM-:r'WALK EEGENey U1hUE,'TL'N
~ .~,~_..__u_________., ____..__..._.~.._.____
Vr_~
'::.'2::J_AYu f1.fil:~L5___
And II':'''' BC'P~:RTJ... nHE"
"'JdM 8I:'!'J,AN l'_____________
') 'J III y.
-:11"':- , I I , r l'''; I'll . "tl'-" 1 I f
'wi ~ I '. L I. , riLl dll . .~. W I ;, " ! J , 1\'_,
i -.tw.
d' ~_L2_i~_:._\~~ f{nURS. Ilfj t~,.;> 1'~4~ ~i ~~1:: ,)1' i-,,-:._~'.:'~~~..!_
1 -:.;.j~..:.:. ;l~_" a :~-;--:,-j -::.;
hE'fp'n ":--"fT'm~ndi?d ;jll ~~C-:'dE. :':-,:jt.t.':'l~-. 11'_Jh't.:..:. ,j,::..t._. ,.-!.,j...~.
')r;
!'l' ,rj'''-':/
:.'f +,~j':~ 'o/lt:.Lln n'~l:'T'._'d ,~,?f"_'r\pJ;jil'
:;'i-: 1 t\E _.nE.)~~~~i.~__I~
lrl '~ht;'> r:ancfF. p'-:};;~::;'?=7r-1':lr,. ':.: l'cnt.r,:.j nf '.h",. 'f11t-.h::1 C;-:1~._.j C"jr;'l,~~~lr'.~'
fl}cR ~LF'!lJLr.~~..t:.
b',' t~I;,::'n ;.3.nj th€?z-p ::.:1; "THf1( rll:1:-:: '.~,..:- k:,):'~ C',--l~ r::.:L.....~. :i
~. ~;__~N..~.~~:JE_::[I.~___.._..._._.~"~ _
",HrFrE~;':PUEC, FA
. _ _. .. __ _, . .._.. ,..J___._...___
':UMFEhLbJjL,_____.,
.,_):!t.'.'.
t', ..
: '.' Ct:-' -:. .J,
t~; !~ L.! -t
L ] ':.'!.\ J1JJJ.S.:...f:,_..H;: AJI 'IT LJ ,E.f.:
~. , . 1 .' ',.' ;-;'1 :.. 1
. ~ J ~L '::';:Jp~(~::':"
1 1 'I., '.',;
, 1:-.1 '. ':': ,; I,:',
'Jt..' :"
..... ~ '+ I
, : ~; i~" ] n .:1, t. f ~:-':_~ t ,_,,-~
,",;,
, .
, ! t tlO:. "':. ~ ~ i :.
..~~;~Mr:_~.IF r.E; f. ~ "
3 ;':
''''; j j.".: f-_ ~;~_
n+..,-'r;'~'- the: (,~_ f Y~;"'W'r' t_.::!:.,!
~l~ I j ! ~ . ~ _
f"" ',",1; +. 1. r;~j
. q
'.
"
'::..'.: " .:. ,-.....'
. . > ~
A t t ~ i~ i ',' ) t
'); - ~ I .1 r ~.l'--
\_"' :~.
..~ .:~
'" t
~, '
,
~~',/sZ~~
.,.
;1,
. ,
.il_~r
'h'
..
C~.k-..
~f')'~. {;'., )~t_~t~~ , to-Y.<l.
R. Thomas K1ine,Sheriff who being duly sworn according to law,
says this writ is returned ABANDONDED.
Sheriff's Costs:
Docketing
Law Library
Prothonotary
Service
Levy
Surcharge
Poundage
Advance costs
Sheriff's Costs
18.00
.50
1.00
8.40
20.00
2.00
1.00
$ 50.90
150.00
50.90
$ 99.10
refund to atty 7-10-96
so, ans~. ~
~ :.c:.t: -r--R~
R. Thomas Kline, Sheriff
Sworn and Subscribed To Before Me
BY.f~;t,,<~,",k
Depu tr iff
, III
L
This /7 ~
1996. A.D.
,Day of ~
"--~ C A..~.1'_ J.J;;z. .
J ,."
Prothonotary
, Il~n
;jl'
I
JL \'1'.0.
V .'1,1;1
\ ) ,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 95-5076 CIVIL 19
CIVIL ACTION. LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
To satisfy the debt, interest and costs due George O. Preble
110m
17011.
PLAINTIFF(S)
~ictor D. NotHriHnni, 516 Kevin court, CHmp Hill (Wormleysburg) PA
DEFENDANT(S)
(1) You are directed to levy upon the propertyofthe defendant(s) and to sell Levy upon Hnd sell
Hll personHl property including H11 furniture, household goods, electronic
equipment,HppliHnces, vehicles Hnd other moveHble personHlty of DefendHnt.
,
(2) You are also directed to attach the property 01 the delendant(s) not levied upon in the possession 01
GARNISHEE(S) as lollows:
and to notily the gamishee(s) lhat: (a) an attachment has been issued; (b) the gamishee(s) is/are enjoined from paying any
debt to or for the account ot the delendant(s) and from delivering any property of the detendant(s) or otherwise disposing
therool;
(3) II properfyoflhe detendant(s) not levied upon an subject to attachment is tound in the possession of anyone other
than a named gamlshee, you are directed to notily himlher that he/she has been added as a gamishee and is enjoined as above
stated,
Amount Due
Interest
$5,160.60
from 9/22/95
LL
Due Prothy
Other Costs
$.50
$1.00
Atty's Comm 0/0
Any Paid $41.00
Plaintil' Paid__
Date
October 11, 1995
LHwrence E. Welker
REQUESTING PARTY
PIO'iIarvjivd DIViSion.
by -,-1 l\.l ta.: (t")
/ '
(
0epuIy
Name
Address
DHvid J._ LcsnzH, .._~_s_qui_~~_
301 MHrk!'t._!;t,~.L~9_.~Cl~.!_<!.9
Lemoyne
PA 17043
. ~----- ~--_.._~----,'~ - ...
Attomey tor .,. .-R.!i:linlLU
Telephone.1?.l7J . 761 4540.
Supreme Court ID No 5578 2
. Y.
Form DIS.70(Oflicial Form t8)
(9/97)
In Re:
NOTARIANNI, VICTOR D,
516 KEVIN COURT
CAMP HILL, PA 170t 1
Social Security No(s).:
Debtor: 174.28.1212
~ .
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
)
)
)
) Case Number: 95.02275RJW.1
)
)
)
)
) Chapler: 7
,
,
)
)
Deblor )
)
)
)
)
)
)
/99.5'.tJ ~~(J1
Employers Tax Identification No(s),
Debtor: NA
DISCHARGE OF DEBTOR
It apptl,~ring that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 t)f title 11, United States
Code, (the Bankruptcy Code).
Deted: November 6, 1998
, BY ~ ,THE CO_URT
Cr~ tJ Y~4
Robert J. WOOdg;j;
Chief Bankruptcy Judge
SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION
401003 161
...
"
In re: Victor D. notAriAnni
/ l)ebtor
ease No.
SCHEDULE D _ CREDITORS HOLDING SECURED CLAIMS
crecUtor Name am 1d3ress
1. MCJO,IIlt No.
:: .ald cawetta
C:_~ SL...eet Prof. center
101 West ~ SL...eet
PalJIIYr8, PA 17078
2 . },C(:nIDt No.
c;eorge O. Preble
c/o oavid J. l.8IlZ8, EEqUi.re
301 Market SL...eet
I.slajIlI!, PA 17011
No cx;ntiruatioo sheetS at;tadled
Date,
Nature of Lien,
oescription & Value
Claim A1tOJ]1t
$ 3,058.00
JId.)nlfilllt J.j P.Il
No oescriptioo entered c.; secured
Value: $ 0.00
$ 5,200.00
J~ Lien
No oescriptioo entered on secured
value: $ 0.00
SUbtOtal :
Total :
$ 8,258.00
$ 8,258.00
unsecured
Portioo
am NoteS.
$ 3,058.00
$ 5,200.00