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HomeMy WebLinkAbout96-01736 ...t' ~ ~ . J ~ ~ I ~ J ...) '\') t-.. " . ~ a- 0/ ~I !-; , ,'."" I: " I I I I , I I f "~~ "II~ I:"I~ , \' t: ~ 1;1f '1:1f :,: I,~ !; "Jp ,r, ili I , t\ , ',t \ " \ 'I.r 'I , I, , :i, "fl I '" 'I~ ,,' II : :I I f I,~ i "1 " "il ' " , '\ , I, "I/!g ~ ~ " ,~, I,'. " 'i I I' ,'f ; ': ,j 'I 'I 'II'" \1 ,!' ,i'.o:, I,/!_ 'Jiit 'it:'rl. ,':\1'~ -II '.'.";1 I , . d' "".\1 ;'h i C__W~UH 0' 'INNIYLYAN'A CGUIf 0' COMMON-'Ll AI NOTICE OF APPEAL fROM IUOIClAL OllnlCY DISTRICT JUSYlCE JUDGMENT 96-1736 Civil Term COMMON'UAINo. NOTICE Of APPEAL Notic. is giYet"l thot the appellant ho$ filed in t~ above Court of Cl,)/'l'lmon Pleo$ an appeal from tht! judgml!'nt rendered by the Di.trkt Jut'ice on the datw and in the co.. mentioned bel"", NAMI Of AmI.l.ANT -~ David and Tracy Monroe ADDII5$Of ""'LlANT --------.------ (ITV . [-MAG.[H~n.~cn~l N_MfOf Dl-~- Pauln P. C~)rn~nl ~T..Jf ----. --.-.0 - . ..,iC~- 17013 140 E Chapel Ave. . ~__..,.,___ _, . Carli"le . PA DAR ()III JUXiMtNf '1INTHlCA5i()f(I~J,tJl'"J f Hr. & Nrs. n/l'/id St~('kel 1[)'1,v-';ij,~!- 2-29-96 ~erling Pro~erty ~Ian"gement/on bt!haLAII'lJli1vid and Tracy ~lnnr"" QAjMNO -.----- _m_____..__.._.__.. ..d ..-------.-- Yt,N...tLiil~6t"pj>fiu.Ntbll-H15"""I04lNlY-6it...ch.t -. - --- - - -..------0---- Legal Service". Inc. Philip C. llrlgolnti ~~i:Qn rT-7n:Q6.'n:~:-.__.___ _t7g)I~~]~~~ooCarli"lt! P^l7~~~~Y/k.~ Thi. bkick will b. lignod ONLY wh.n thi. notation i. r.quir.d und.r Po. RCP,JP, No. /I appellant was CLAIMANT (s;t~, HfPJP No, 10088. Thi. Notic. of Appeal, when receiv.d by the Di.tdct Ju.tice, wIll operate 05 a 1001(6) In acllon belo(O District JIIS'lce, he MUST SUPERSEDEAS to the judgment for pa....lion in tni. ca... FILE A COMPLAINT wllhin twenty (20) days allor IIIlflg hiS NOnCE 01 APPEAL --------slijfliiiliiii c),l"oihiilc);iJ;Y-O( Ot:'f)(Jiy .-----PRAECIPfTO ENTER RULE TO FILE COMPLAINT AND RULE TO fiLE (This seelion otlorm to be used ONLY when aPfJCl/anl was DEFENDANT ("w Pi/. HGPJP No. 100/(7) "' acl/on IJl'fore D..lflcl JUSIICO, IF NOr USED, detach Irom copy 01 nollco 01 appea/ 10 be sorved II{XJn appl'fl('o) PRAECIPE, To Prathonota(y David Steckel En"" rul. upon lll.\rlilULPn'l'.!'.r.t):..Jl".,!.Qgeme,nton h,'half of Mr..& fir"., app.II..(.I, to fil. a complaint in thi. appeal MNn~) ol.II")I)lh\I'(~1 (e 'u 96-1736 Civil Term ) 'h' (20)d It 'f I If f'.-'- f ammon P~5 No. ._________________.______._~ WIt In t~nty oy\ a er ~,.wce 0 ..tU e Of' 5~ er.~ 0 ,,^,,,,:,en' 0 non pro" of Mr & Mrs. David SteCkel//ti'~~-<,;;;,;*~T.,!f;-h;;;ijt;;;.;y;;;"'-,."" RULE, To sterlinl! Prollern..lJ_Q-'lQg~111~'!! u(),!__b~'_hill( app.II..I.), Nm"(}otiW)Ik.'t.>(,~J ( 1) You are notified ""', a rul. i. h....by .nter.d upon you to fil. a ((,mplaint in this app.al within twen'y (20) oay. after tho dote of service of tN. rule upon you by personal service or by certified or registered moil. (2) If you do not file 0 complaint within thi. tlmo, 0 JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU Date: (3) The date of service of this rule if ~en'ice was by moil is the dote of mailing, .J P-) ^ AprIl 1, ,1996_, ----'--!:~ 1Q,;L~~J-" ~t \ SqIaIIA"~ ( Pro C i / , I ( ,... -,. M ,:' I -- J ...~ tJ,I!" 1;-.: f.. -' ~ h , -, ". t:': ri:. , - I I'.. (..; , " , [; ! ." !';: . ;:j'] r;.;' w... ". " ;1 I..' I':') j ~: '. '.-. C_WIALY" O' PlNNlnYANIA COURY O' COM_N ,ilAI' NOTICE OF APPEAL FROM JUDICIAL DIIYIICY DISTRICT JUSTICE JUDGMENT COMMON 'LIAS No. 96-1736 Civil Term NOTICE OF APPEAL Notice is given thot the oppltllont ho, filed In the above Court of Comnlon Plem an appeal from Ihf,' judgment rendered by ,h.. Qi.rrict JUltice on the cia.. and In tho co.. menHoned below, NAMI QII A"fLlANT 1.~;~':',i:tN;';:~~~~l_..,._~,,~:- I'A 17011 DAVid .'mud..:, rAcy MOllroe..__ _~ .'_ ,.__,_.....__._ Arlil5iRf~......... ...... . (I'''' 140 E Chapel Ave Carlia Lc o.1t&.(I)oMliN' '--lNTHfCAlIOfTP'lJ!II/'IIT-f~-M-r:--&- HTa. D~vl;' Str.ckel .. 1j).-;;;~ItJ,r"l- --- -----.----- 2-29-96 ..1,!!".rl.!I}J!. l'..ro~~r_tl.:'1nna~tC11lent 1011 ~,,,hR.4 .nnvI~ l1~i Tracv Mo!,ro,:,_ _______ l:r_ ~ l5IGN.l-tVllf <.x APPELLANT OR HIS ..'''......NEy v AGf;NT L"~al ~ervicea. Inc. Philip, C. BriRanti ~: ,': Vii LT 7ll-9f> __ .~.~ __ __ _ . _ _ ~gli~:;~_~.o ca:lisl"_~~_L7~_~1/ '1JbL~'-~. TN, block will be ~gnod ONLY whon thl> notot,on " requIred under Po, R,C.P.!P No. /I appellant was CLAIMANT (s Pa, RfPJP. No, 10088. Thl. Notlc. 01 Appeal, when received by tho Di.trict J".tice, will operate a. 0 1001 (6) in action before District Justice, he MUST SUPERSEDfAS to tho judgment lor po"e.~on in this co... FILE A COMPLAINT wit/tin twenty (20) days after · Siii"";u,,,-,irProiiion,,{;i'-yo,.oOptJlY--- filing hiS NOTICE of APPEAL. PRAECIPE TO ENfElfiUI.E TO FIl.l COMP[Aiiii,'ANO-i'uLE jcHi'fl---- ..... (This see/Ion of foon to be used ONLY when appel/ant was DEFENDANT (see PiJ, HCPJP No. 1001(7) In aC/lon belore Dls/I/ct Justice, IF NOT USED, detach Irom cppy 01 notice 01 appeal to be served upon appel/ee r PRAICIPEI To Prothonotary . David Steckel Enter rule upon ~ f'r.lor 1 f n 7 'Pl:o..p.e.r.~_ Mnn:l oemen t _Qn__bbh.a.lL-9f~~~~, appellee(s}. to file 0 complaint in this appeal NiYflf.' vlll(.lf.W/Ie,J(:;) (CammonPIe No. 96-1736 Civil Term )' c' (20)d It 'I I II F' dg I os . ___ Wltnln twenty oy! 0 er s~Ylce 0 ru e or sv er en~r, 0 JV ment 0 non pros. n_---+_H~;::'-.L r:. / - i/ (.1 Sll}nlllUlfJ( appel/Ill'll or his altomey or agont f M & Wrs. David Steckel Ta~i"R ropprl'y H"n"Rement all behalfoppolle.(.I, NSITlfJol.1WCI/cc(S) RULE I (1) You ore notified tool 0 rule i. hereby entered upon you to fil. 0 ,amploint in tnl. appeal within twenty (20) dllY' after tn. date 01 _vk. of this rul. upon you by personal service or by certified or registered mail. (2) W you do not file 0 complaint within thi, timo, 0 JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU, Datw: (3) The dot. of Mrvk. of this rule jf service was by mail is the dote of mailing. April 1',19 96, --tIt / / ,\ ,I", I"J II'~" I &!T'8'';' Prot--, ., , , '- KJPC 314'.84 , Ff~,.jL ':;,V,} , " ! , ~l\' ,I,,. r.' ,; i' ;. I < \j\i.:,',;lit,';;';!'}j!,," " ~'qd/", ;:"I' I,! ;, I,' ,', f ~;):ltJ:'\!i' '"I.: ,r ',(",,'''_' 'l'" il:)");I':I",-: Ii' ;.L-1l',''';, -I" I , , I' " , , ...dUJO" CJIL..OV . HOUeTON. ... C. ATTOIlIH.VIIl AT L,.Aw .. NIHWH HAHOVIIlI aT".'" C.....uaUt. ...NN.VI.VANIA 1701:1 my', .......,. ,....a.o ~I ,_ ',.' , , JI.." DAVID A. STECKEL and MARY BETH STECKEL, Plaintiffs Defendants I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I 96-1736 CIVIL TERM I I I I APPEAL FROM DISTRICT JUSTICE I JUDGMENT v DAVID C. MONROE and TRACY MONROE, NOTICB 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 an 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 TAXB THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVB A LAWYBR, OR CANNOT JUPrORD ONE, GO TO OR TBLBPHONE THE OFFICE SET FORTH BBLOW TO FIND OUT WHERI YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717 - 240-6200 . .. 4 On or about August 2, 1995, Defendants entered il\to a Lease Agreement with Plaintiffs for rental of the premisee for a term of one year beginning on November 1, 1995, and ending on October 31, 1996, at a monthly rental of $600. Attached hereto and marked as Exhibit A ie a copy of the Lease Agreement, which ie incorporated herein. 5 The Defendants commenced occupancy of the premises on or about November 1, 1995, and paid a $600 security deposit, $600 for rental for the month of November, 1995, and $600 for rent for the last month of occupancy of the Lease, for a total of $1,800. 6 On or about January 3, 1996, Defendante paid rent for the month of January. 7 On or about January 23, 1996, Plaintiffs were advised that the check paid by Defendants for January's rent was returned with an indication thereon that there were insufficient funds in the account, and the Defendants were, consequently, charged late fees for the month of January of $120, which is provided for in the Residential Lease Agreement, and a service charge for the return of the check for rental for the month of January of $25, in accordance with Paragraph 2 of the Residential Lease Agreement. . 8 Defendants failed to pay rental due for the month of February 1996 in the amount of $600 and with the addition of a late charge of $120, there is due and owing rent for the month of February of $720. 9 The Defendants have failed to pay rent due and owing for the month of March 1996 in the amount of $600 and with the addition of a late charge of $120, there is due and owing rent for the month of March of $720. 10 The Defer.dants have failed to pay rent due and owing for the month of April 1996 in the amount of $600 and with the addition of a late charge of $120, there is due and owing rent for the month of April of $720. 11 Defendants have failed to pay water and sewer utility charges for the period of November 21, 1995, through and including February 6, 1996, in the amount of $98.02, which was the Defendants responsibility in accordance with Paragraph 7 of the Residential Lease Agreement. 12 The Defendants vacated the premises on April 18, 1996. Mb~e - In (\eLk III dell.c STERLING PROPERTY MANAGEMENT 1442 TRINDLE ROAD CARLISLE, PA 17013 RBSIDENTIAL LEASB AGRBIKIHT THIS LEASE, made this 2nd day of August, 1922 BETWEEN David A. Steckel and Marv Beth Steckel the Owner, AND David C. Monroe and Tracv Monroe (hereinafter whether one or more, referred to a "Resident"), jointly and severally: WITNESSETH: That Owner hereby leases to Residen~ and the letter lets from the former, the apartment/house designated as 140 East Chacel Avenue. Carlisle. PA 17013 hereinafter called the "premises", for the term of one III Year beginning on the ~ day of Novembe~, 1922, and ending on the 31st day of october, 19~, at the rent of Seven thousand. two hundred and 00/100s Dollars (S7200.00)annually and monthly in installments of: :prior to the first day of the month for which it is due $ 600.00 Between the first and the fifth day of the month due $ 660.00 After the fifth day of the month for which it is due $ 720.00 This letting is upon the following terms and conditions: 1. SBCURITY DBPOSITI Resident agrees to pay Owner a security deposit of six hundred and 00/100s Dollars ($600.00) upon signing of this agreement with receipt herein acknowledged paid by Check #174512(County of Cumberland). Resident agrees to pay the security deposit set forth above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent as security for the payment of all rent and other amounts due from Resident to Owner or Agent, for the Resident's performance of this lease and against any damages caused to the premises or any other part of Owner's or Agent's property by Resident, his family and guests. Resident understands and aarees that the security decosit may not be 5Dc1ied as rent or aaainst any other amount due from Resident to Own~r or Aaent without Owner's or Aaent's written consent. and that the monthlY rent will be oaid each month. includina the last month of the lease term without abatement for earlY vacancv bv Reside~ Within thirty(30) days following termination of this lease and the physical vacating of the premises by the resident, the Owner or Agent shall return the security deposit, less any deductions from it on account of amounts owed by Resident to Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a forwarding address Which must be furnished by Resident in Writ' EXHIBIT I It- I 2 Upon terminating of lease and yacating of the premises within the terms and conditions set forth in the lease, Resident shall return all keys and all copies of keys to Owner or Agent's office within 24 hours of such yacating. If keys are not returned with the specified time period, Owner or Agent will have the right to change the locks on the premises and charge such lock change to resident. 2. FAILURB TO PAYIResident agrees to pay to Owner or Agent the monthly rate set forth aboye on the lQth day of each month, in adyance, at the Rental Office of Owner or Agent or such other place as Owner or Agent may from time to time request and further agrees to pay the first and last months rent at the time of occupancy. If the rental payment is not received by the ~ of each month (as set forth above), Owner or Agent will roserye the right to proceed with the necessary legal authorities to collect same. If any check for rent is returned to Owner or Agent or insufficient funds or other reason, late charges will continue until rent is actually paid by Resident and there shall be a $25.00 service charge additionally. Owner reserves the right to also file criminal charges for any check returned for insufficient funds. 3. TERMINATION: Owner or Agent may terminate this lease without cause by giving thirty (30) days prior written notice to Resident, but DQ termination by Owner or Agent without cause may take effect during the one-year term of the lease. 4.SUBLETTING/USE:Resident agrees to use the premises only as the personal residence of Resident and their children, and not to assign this lease or sublet ~he apartment. Resident agrees not to alter or make additions to the premises, its painting, its fixtures, and chanae locks without Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice injurious to the building, which may affect the insurance on the building, or which is contrary to any law. 5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by the entry of one or more of such items into the drainage or waste pipes of the premises shall be the Resident's responsibility. 6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or any property of the Owner or Agent, is a yiolation of this lease agreement. ~~ 3 7. UTILITIES: Resident understands that the equipment for utilities to .erve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid as follows: Heating for premises to be paid by Resident Heating of water for premises to be paid by Resident Electricity for premises to be paid by Resident Gas for premises if applicable to be paid by Resident Sewer charge to be paid by Resident Water consumption to be paid by Resident Trash removal to be paid by Resident Cable Television to be paid by Resident Telephone to be paid by Resident Snow removal/Lawn maintenance to be paid by Resident Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In the premises where the Resident provides the heat, the Resident may not have the heat terminated for any reason during the lease. Resident agrees that Owner or Agent shall have the right temporarily to stop the service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or alter.ations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair installations. 8. DUE CARli APPLIANCES: Resident agrees to use due care in the use of the premises, the appliances therein, and all other parts or Owner's or Agent's property, to giye notice to Owner or Agent of the need for repair thereof, and to DaY for all reDairs to the acartment. its contents and to all other Darts of Owner's or Aaent's Drocertv which are necessitated bY anv act or lack of care on the 9art of Resident. members of Resident's family. or his visitors. Owner or Agent will make necessary repairs to the .... A 4 premi.es and the appliance. therein within a reasonable time after Resident notifies Owner or Agent ot the need tor repairs. The following appliances are the property of the Owner and shall not be tampered with or removed trom the premises. Any cost of repair or replacement for yiolation of the conditions of this leas. clause shall be the responsibility of the Resident. RANGE: .erial number REFRIGERATOR: .erial number OTHER APPLIANCES: 9. LIABILITY 'OR INJURY:Resident agrees that Owner or Agent shall not be liable for property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property unless the damage or injury results directly from Owner's or Agent's negligence. 10. RBNTERS INSURANCI: All residents are required to carry "renters insurance" for the premises with an amount equal or greater to the value of all personal belongings of the resident. Name amount Insurer 1- 2. 3. 4. 5. 6. 7. 8. 11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent shall be abated proportionately until the premises are so ~eady, and Owner or Agent shall not be liable for delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy shall be limited to such right of cancellation, neither party shall have any further right against the other, save the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premi~es prior to the beginning of tho term, such occupancy shall be subject to the terms of this lease, and Resident shall pay prior to occupying the premises rent for the same period from the date of such occupancy to the beginning of said term. r\. /,/f / NJ 5 12. DAMAGE BY FIRB OR OTHBR CASQALTY: If the premises is damaged by fire or ather casualty, Owner or Agent shall repair it within a reasonable time and rent shall continue unless the 9asualty renders the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to the date the premises is ~urrendered, shall not be liable for any further rent. If only a portion of the premises is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent, provided that election to proceed under this alternative shall not be a waiyer of the Resident's right to terminate the lease if repairs are not made within a reasonable time. 13. RIGHT OF BNTRY: Owner or Agent, or any person authorized by him, shall have the right to enter the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and to show the premises to prospective residents. Reasonable times shall be defined as any time when the Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, howeveri such notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to be completed. 14. PREMISBS DESCRIBED/PROPERTY USE:This lease confers no rights on Resident to use for any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased, except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may from time to time designate for the use of residents. When the use by Resident of any other portion of Owner's or Agent's property is permitted, it shall be subject to the rules and regulations establiahed by Owner or Agent. 15. FAILURE TO PAY RENT/DEFAULT: If Resident shall fail to pay rent, or any other sum, to Owner or Agent when duei shall default in any other provisions of this leasei or shall remove or attempt to remove his possessions from the premises before paying to Owner or Agent all rent due to the enn of the lease term, Owner or Agent, in addition to all other remedies by law, may: (a) discontinue utility service proyided by owneri (b) terminate this leasei (c) bring an action or recover possessior. of the premises i (d) bring an action to recoyer the whole balance of the rent and other charges due herein under, of / ~\\tv 6 whatever kind and naturo, together with any and all consequential damages caused by Resident's default, including reasonable attorney's fees andlor fees charged by Owner or Agent and any court costs and subsequent fees for the procurement of a State Constable andlor County Sheriff. 16. PITS: Resident agrees that no pets shall be allowed on premises including visiting pets without prior written consent of the Owner. 17. POSSBSSION: Resident agrees that all security deposits as well as the right to take possession of the premises will be forfeited if Resident does not take possession of the leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made with the Owner in writing prior to the first day of the lease. 18. WAIVER or NOTICB TO QUIT: Resident hereby waives the usual notice to quit and agrees to surr~nder the premises at the expiration of said lease term, or the terminations of this lease for whatever reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall be commenced by the Owner or Agent to recoyer possession of the premises, either at the expiration of the term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident specifically waives the right to 30 days notice and to any other notice required under the Landlord and Tenant Act and agrees that not notice whatsoever shall be required. 19. OCCUPANCY REGULATIONS BERBIN AND ATTACHBD: RESIDENT AGREES THAT HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS GUESTS ~ITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND WHICH ARE ATTACHED. 20. LIEN SUBORDINATION: This lease is subject and subordinate to the lien of all mortgages now or at any time hereinafter placed upon any part of Owner's or Agent's property which includes the apartment, to extensions or renewals thereof, and to all adyances now or hereafter made on the security thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in the name of Resident. TBIS AGRBEMENT IS A LEGALLY BINDING CONTRACT: Ir YOU DO NOT UNDERSTAND THIS AGREEMEWT, PLEASB CONSULT AN ATTORNEY-AT-LAW" 21. RESIDBNT/JOIWT AND SEVERAL LEASE AGREIHINT:The term "Resident" used herein shall refer collectiyely to all persons ~lfi 9 This agreement shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify the guarantor in the event of breach or default. SIGNATURE OF OWNER OR AGENT: :s. REGULATIONS 1. No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the premises or elsewhere on the Owner's property. 2. Resident(s) members of his (their) family, his (their) visitors and servants shall not at any time make any noise, do anything or conduct themselves in any way which dis~urbs any other resident or interferes with the rights, comfort, or conveniences of any other resident. Musical or sound reprOducing instruments or singing within the premises shall be inaudible outside the premises between 11 o'clock each night and 9 o'clock the following morning. 3. No resident shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the premises or elsewhere in or upon the Owner's property. Damage to storm doors and windows due to negligence by resident, resident's family or guests or resident, will be the responsibility of resident. 4. Resident shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. ~c0NJ 10 5. Maximum occupancy: No more than 5 person(s) will be permitted to occupy the premises, such person(s) designated as David Monroe. Tracv Monroe. Robert Monroe. Briann~ Monroe and Mary Ann Monroe 6. Resident(s) agree(s) that Owner or Agent may change these regulations from time to time as may be required to protect the apartment or Owner's other property or add to resident's enjoyment of it. 7. Re.ident(s) are allowed only as available parking space(s) in apartment parking lot. Multiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. 8. Washerldryer will be permitted to be kept or used at premises: yes x no . Dishwasher will be permitted to be kept or used at premises: yes-x-no___. 9. Trash removal on the exterior of the building shall be the responsibility of ALL resident(s). At any time which the Owner deems appropriate, an inspection may be made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH resident will be assessed a charge of $5.00 which must be included in the following months rental payment. These items include but are not limited to: bottl.s, cans, plastic cups, boxes, trash bags and any other item which would reasonably be considered rubbish or trash. This clause is in effect for this leased premises: yes_x__ no___ 10. It is the Resident's r~sponsibility to maintain all fire extinguishers and smoke detectors in good working condition at all times during the term of this lease. Failure to maintain these systems will result in a $50.00 fine per occurence. PLEASE MAINTAIN YOUR SMOKE DETECTORS AND FIRE EXTINGUISHERS. THEY ARE FOR YOUR SAFETY! ..SIDENT(S) HAS (HAVE) READ THB ABOVE REGULATIONS. INITIALS ( ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ) j\~~ . ' LEUI RIDIR HOVE-OUT COST 8CBBDULI Cleaninq and Repair Charges If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your .ecurity deposit is insufficient to coyer the charqes. You will be charged the listed amount for each instance in which a li.ted item must be cleaned or repaired. The prices given for the items listed below are average prices only. If Owner incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list; you can charged for cleaning or repairing items that are not on the list. K1tchen Cle.Dlnq Oven $30.00 $15.00 Drip pans $ 2.00 $10.00 stove and vent-a-hood $10.00 $30.00 Refrigerator/rreezer $40.00 Dishwasher $10.00 $35.00 Cabinets and counter- tops $30.00 MisceUaneou. Bathroom 01e.n1nq Shower doors Toilet(s) Tub I Shower (s) Sinks/countertopa/ Cabinets Window coyerings (drapes, blinds) Carpet cleaning carpet repairs Trash removal Wallpaper removal painting Tile floors Holes in wall $ 50.00 100.00 100.00 60.00 150.00 200.00 25.00 75.00 Replace.ent Charge3 If any items are missing or damaged to the point that they must be replaced when you move out, you wiJ.l be charged for thoe current cost of the items, plus labor and seryice charges. A representative list of replacement charges is provide don the next page. These are aye rage prices. If Owner incurs a evw1 due and oWing to Plaintiffs. As set forth below in Defendants' New Matter, Defendants are entitled to a reduction in rent for reasons including but not limited to Plaintiffs' breach of the implied warranty of habitability, and the late fees are unenforceable as a penalty. 9. Admitted in part and denied in part. Defendants admit that they did not pay $600.00 in rent for the month of March 1996 or a late charge of $17.0.00, but deny that these amounts are due and owing to Plaintiffs. Defendants repeat and incorporate by reference their ayerments set forth aboye in Paragraph 8, 10. Admitted in part and denied in part, Defendants admit that they did not pay rent in the amount of $600.00 for the month of April 1996 or a late charge of $120,00, but deny that these amounts are due and owing to Plaintiffs. Defendants repeat and incorporate by reference their ayerments set forth aboye in Paragraph 8. 11, Denied. Defendants deny that they have failed to pay water and sewer utility charges for the period of November 21, 1995, through and inclUding February 6, 1996, in the amount of $98.02. Defendants aver that they have paid $65,00 toward these charges, and that the balance is $33.02, 12. Denied. Defendants deny that they yacated the premises on April 18, 1996. Rather, Plaintiffs' agent, J. Michael Adler, improperly attempted to haye the constable remoye Defendants and their children from the dwelling on April 18, 1996, only one day after Defendants were served with an Order for Possession. When the constable became aware that he had been misled by Mr. Adler as to the propriety of the eYiction, he immediately permitted Defendants to resume occupancy of the rental premises. Defendants subsequently yacated the premises on April 29, 1996. 13. Admitted in part and denied in part. Defendants admit that cr.iminal charges have been filed alleging that Defendant Dayid Monroe issued a bad check for January's rent. Howeyer, said Defendant is contesting these charges. Defendants deny that they owe Plaintiffs the full rent for January, for reasons set forth below in their New Matter. 14. Admitted in part and denied in part. Defendants admit that they are entitled to nn offset of $600.00 against any rent they may owe, as they pre-paid their last month's rent. Howeyer, Defendants deny all other ayerments set forth in Paragr~ph 14 of Plaintiffs' Complaint, and repeat and incorporate by reference their ayerments set forth aboye in Paragraphs 1 through 13 of this Answer. 15. Denied. Defendants deny that they have bre~ched the terms and conditions of their lease by failing to pay rent and other charges when due. By way of further answer, Defendants ayer that any obligation they may haye had to pay rent or other charges under the parties' lease was abrogated by Plaintiffs' breach of the implied warranty of habitability and for other reasons as set forth below in Defendants' New Matter. 16. Admitted in part and denied in part. Defendants admit that they have not paid the sum of $1803,02 to Plaintiffs. Howeyer, they deny that Plaintiffs haye demanded this sum from them, and that this sum is due and owing to Plaintiffs. It!i;-W M~TJ'.8.R r. BreacJLQL._the__imp!J~_c;l"W1!n;:~lttY..QLlt~J)j t!!.!?J.lit..Y 17. Before Defendants moyed into the rental premises, Defendants obseryed several defects therein, including but not limited to the fOllowing: a. filthy carpeting in the kitchen, which emitted an intolerable stench, and other carpeting throughout the unit in need of cleaning b. dishwasher did not work c. upstairs carpeting which came up at the seams and created a hazard for Defendants and their children, who were at risk of tripping over the carpeting and falling onto the floor or down adjacent stairs d. main light switch in the bathroom did not work, necessitating that Defendants' children climb onto the sink to turn on the other light above the medicine cabinet 18. Before Defendants signed the parties' lease, Plaintiffs' agent, J. Michael Adler, promised Defendants that he would replace or extensively clean the kitchen carpet, and repair the dishwasher before they took possession of the premises on Noyember 1, 1995. 19. Reasonably relying on Mr. Adler's promises with respect to the kitchen carpet and the dishwasher, Defendants signed the parties' lease in or about October 1995, 20. Moreoyer, after Defendants signed the lease, J. Michael Adler promised to clean all the carpeting in the rental unit, and repair the upstairs carpeting and the bathroom light switch, before they moyed into the premises on Noyember 1, 1995. 21. Contrary to the representations of Plaintiffs' agent, none of the defects described above in Paragraph 17 were repaired prior to Noyember 1, 1995, when Defendants moyed into the rental premises in reasonable reliance on Mr, Adler's promises that the repairs would be made, or any time subsequent thereto. 22. Defendants repeatedly notified Plaintiffs' agent, J. Michael Adler, of said defects, and notified Plaintiffs directly by mail, but neither Plaintiffs nor Mr, Adler corrected the defectiye conditions. 23. Plaintiffs' failure to repair the defective conditions seriously reduced the habitability of the rental premises, as well as Defendants' use and enjoymeut of it, and constituted a breach of the implied warranty of habitability. 24. Defendants are entitled to a reduction in rent commensurate with their reduced use and enjoyment of the premises caused by Plaintiffs breach of the implied warranty of habitabil it y. t I. I!re~cILQL1l!a!I~ 25. Defendants repeat and incorporat~ by reference their ayerments set forth aboye in Paragraphs 1 through 24. 26. Paragraph A of the parties' lease proyides that: "Owner or Agent will make necessary repairs to the premises and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for repairs." See Plaintiffs' Exhibit "A", page 4. 27. In breach of the parties' lease, neither PlaintiffS nor Plaintiffs' agent repaired the above-described defects in the rental premises within a reasonable time after receiying notification of the need for repairs. 28. Because of Plaintiffs' breach of the lease, Defendants were not bound to comply with the terms thereof. III. Fraud in the Ind~ 29. Defendants repeat and incorporate by reference their averments set forth above in Paragraphs 1 through 28. 30. Plaintiffs' agent, J. Michael Adler, with Plaintiffs' authority, intentionally and fraudulently misrepresented to Defendants that the said defects would be corrected, with the purpose of inducing Defendants to sign the parties' lease agreement and move into the rental premises. 31. Plaintiffs' fraud, or that of its agent, in inducing Defendants to enter into the lease agreement, renders the lease agreement unenforceable. IV. Excessive Late Fees 32. The parties' lease agreement purports to require Defendants to pay late charges in the amount of $60.00 if the rent is paid between the first and fifth days of the month, or $120.00 if the rent is paid after the fifth day of the month. See Plaintiffs' Exhibit "A", page 1. 33. Said late Charge proYisions are excessiye and unenfor.ceable as a penalty, in that the late fees they purport to impose exceed any actual losses Plaintiffs may suffer or reasonably expect to suffer occasioned by the late payment of rent. v . ll~tJ~/)ti~HL().I_ ._S~_C;J.!xJty_J)"@p()J!it 34. Plaintiffs are holding Defencants' security deposit in the amount of $600,00, which should be applied to offset any rent or other charges Defendants may be found to owe Plaintiffs, or returned to Defendants. V. IDIJ.1'-ll~.tJ!lJtyiGJ19Jl 35. On or about April 17, 1996, Defendants were served with an Order for Possession entered by District Justice Paula Correal, which notified Defendants that they would be remoyed from the rent~l premises if they did not vacate the property within ten days from that date, pursuant to Pa.R.C.P.D.J. No. 519. 36. Despite this, Plaintiffs' agent, J. Michael Adler, directed Constable Charles York to remove Defendants from the premises on April 18, 1996, only one day after the Order for Possession had been seryed. 37. Based on Hr. Adler's directiye, Constable York permitted Hr. Adler's maintenance person to change the locks to the rental premises, and told Defendants that they would haye to leaye. 38. After Constable York inyestigated the situation and learned that Hr. Adler had misinformed him that Hr. Adler had the right to remoye Defendants from the property, Constable York permitted Defendants to resume occupancy of the dwelling and directed Hr. Adler's maintenance person to change the locks back. 39. Through such actions, Plaintiffs' agent, with the authority of Plaintiffs, attempted to unlawfully remoye Defendants and their family from the premises, and interfered with Defendants' right to peaceful use and enjoyment of the dwelling. WHERBFORE, Defendants request that the relief requested by Plaintiffs be denied, and that Defendants be granted such other and further relief as this Court may deem reasonable and just. GOUNTERCLAIM I. Puni.!;J_YlL_DamaCJes 40. Defendants repeat and incorporate by reference their ayerments set forth above in Paragraphs 1 through 39. 41. Plaintiffs' conduct described herein, as perpetrated through and by their agent, J. Michael Adler, was intentional, wilful, wanton, reckless, outrageous and indecent, and performed with complete disregard of Defendants' rights under Pennsylyania law. . .. 4 On or about August 2, 1995, Defendants entered into a Lease Agreement with Plaintiffs for rental of the premises for a term of one year beginning on November 1, 1995, and ending on October 31, 1996, at a monthly rental of $600. Attached hereto and marked as Exhibit A is a copy of the Lease Agreement, which is incorporated herein. 5 The Defendants commenced occupancy of the premises on or about November 1, 1995, and paid a $600 security deposit, $600 for rental for the month of November, 1995, and $600 for rent for the last month of occupancy of the Lease, for a total of $1,800. 6 On or about January 3, 1996, Defendants paid rent for the month of January. 7 On or about January 23, 1996, Plaintiffs were advised that the check paid by Defendants for January's rent was returned with an indication thereon that there were insufficient funds in the account, and the Defendants wore, consequently, charged late fees for the month of JAnuary of $120, which is provided for in the Residential Lease Agreement, and a service charge for the return of the check for rental for the month of JAnuary of $25, in accordance with Paragraph 2 of the Residential Lease Agreement. . . 8 Defendants failed to pay rental due for the month of February 1996 in the amount of $600 and with the addition of a late charge of $120, there is due and owing rent for the month of February of $720. 9 The Defendants have failed to pay rent due and owing for the month of March 1996 in the amount of $600 and with the addition of a late charge of $120, there is due and owing rent for the month of March of $720. 10 The Defendants have failed to pay rent due and owing for the month of April 1996 in the amount of $600 and with the addition of a late charge of $120, there is due and owing rent for the month of April of $720. 11 Defendants haye failed to pay water and sewer utility charges for the period of November 21, 1995, through and including February 6, 1996, in the amount of $98.02, which was the Defendants responsibility in accordance with Paragraph 7 of the Residential Leaso Agreement. 12 The Defendants vacated the premises on April 18, 1996. - M6~e - I Y\ (\eLk Illdeil.c STERLING PROPERTY MANAGEMENT 1442 TRINDLE ROAD CARLISLE, PA 17013 RESIDBNTIAL LEASB AGRBBKBNT THIS LEASE, made this 2nd day of August, 1922 BETWEEN Q1Yid A. Steckel and Marv 8eth Steckel the Owner, AND David C. Monroe and Tracy Monroe (hereinafter whether one or more, referred to a "Resident"), jointly and seyerally: WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the apartmentlhouse designated as 140 East ChaDel Avenue. Carlisle. PA 17013 hereinafter called the "premises", for the term of oneCl1 year beginning on the ~ day of November, 19~, and ending on the 31st day of october, 19~, at the rent of Seven thousand. two hundred and 00/100s Dollars CS7200.00)annually and monthly in installments of: :prior to the first day of the month for which it is due $ 600.00 Between the first and the fifth day of the month due $ 660.00 After the fifth day of the month for which it is due $ 720.00 This letting is upon the following terms and conditions: 1. SECURITY DBPOSIT: Resident agrees to pay Owner a security deposit of six hundred and 00/1005 Dollars ($600.00) upon signing of this agreement with receipt herein acknowledged paid by Check #174512(County of Cumberland). Resident agrees to pay the security deposit set forth above prior to occupancy of the premises. The security deposit shall be held by owner or Agent as security for the payment of all rent and other amounts due from Resident to Owner or Agent, for the Resident's performance of this leaso and against any damages caused to the premis~s or any other part of Owner's or Agent's property by Resident, his family and guests. Resident understands and aarees that the security de~osit may not be aDDlied as rent or aaainst any othor amount due from Resident to Owner or Aqent without Owner's or Aaent's written consent. and that the monthlY rent will bp. D~~~ month. includina the last month of the lease term without abatement ,for earlv yacanev bv Resident. Within thirty(30) days follow~ng termination of this lease and the physical vacating of the premises by the resident, the Owner or Agent shall return the security deposit, less any deductions from it on account of amounts owed by Resident to Owner or Agent, to Resident by check payable to all persons signing this lea~e mailed to a forwarding address which must be furnished by Resident in W EXHIBIT I A 2 Upon terminating of lease and yacating of the premises within the term. and conditions set forth in the lease, Resident shall return all keys and all copies or keys to Owner or Agent's office within 24 hours of such yacating. If keys are not returned with the specified time period, Owner or Agent will have the right to change the locks on the premises and charge such lock change to resident. 2. ~AILURE TO PAYIResident agrees to pay to Owner or Agent the monthly rate set forth aboye on the lQth day of each month, in advance, at the Rental Office of Owner or Agent or such other place as Owner or Agent may from time to time request and further agrees to pay the first and last months rent at the time of occupancy. If the rental payment is not received by the ~ of each month (as set forth above), Owner or Agent will reserve the right to proceed with the necessary legal authorities to collect same. If any check for rent is returned to Owner or Agent or insufficient funds or other reason, late charges will continue until rent is actually paid by Resident and there shall be a $25.00 service charge additionally. Owner reserves the right to also file criminal charges for any check returned for insufficient funds. 3. TERMINATION: Owner or Agent may terminate this lease without cause by giving thirty (30) days prior written notice to Resident, but A2 termination by Owner or Agent without cause may take effect during the one-year term of the lease. 4.SUBLBTTING/USE:Resident agrees to use the premises only as the personal residence of Resident and their children, and not to assign this lease or sublet .~he apartment. Resident agrees not to alter or make additions to the premises, its painting, its fixtures, and chanae locks without Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice injurious to the building, which may affect the insurance on the building, or which is contrary to any law. 5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by the entry of one or more of such items into the drainage or waste pipes of the premises shall be the Resident's responsibility. 6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or any property of the Owner or Agent, is a yiolation of this lease agreement. ~~ 3 7. UTILITIES: Resident understands that the equipment for utilities to serv~ the premises is installed therein and Resident a9rees that the cost of the utilities shall be paid as follows: Heating for premises to be paid by Resident Heating of water for premises to be paid by Resident Electricity for premises to be paid by Resident Gas for premises if applicable to be paid by Resident Sewer charge to be paid by Resident Water consumption to be paid by Resident Trash removal to be paid by Resident Cable Television to be paid by Resident Telephone to be paid by Rosident Snow removal/Lawn maintenance to be paid by Resident Resident agrees to pay the bills for s~id utilities when due. Owner shall have no obligation to provide utilities that are the responsibility of the Resident. In the premises where the Resident proYides the heat, the premises must be kept SUfficiently heated at all times during the lease to ayoid damage to the premises. In the premises where the Resident provides the heat, the Resident may not have the heat terminated for any reason during the lease. R$Sident agrees that Owner or Agent shall have the right temporarily to stop the service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair installations. 8. DUE CARE/ APPLIANCBS: Resident agrees to use due care in the use of the premises, the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent of the need for repair thereof, and to Day for all recairs to the acartment. its contents and to all other Darts of Owner's or Aaent's crODertv which are necessitated bv any act or lack of care on the Dart of Resident. members of Resident's familv. or his visitors. Owner or Agent will make necessary repairs to the 4 premis.s and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for repairs. The following appliances are the property of the Owner and shall not be tampered with or removed trom the premises. Any cost of repair or replacement for violation of the conditions ot this lease clause shall be the responsibility at the Resident. RANGE: serial number REFRIGERATOR: serial number OTHER APPLIANCES: 9. LIABILITY rOR INJURYIResident agrees that Owner or Agent shall not be liable for property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property unless the damage or injury results directly from Owner's or Agent's negligence. 10. RBNTERS INSURANCII All residents are required tn carry "renters insurance" for the premises with an amount equal or greater to the value of all personal belongings of the resident. Name Insurer amount 1. 2. 3. 4. 5. 6. 7. 8. 11. OCCUPANCY I If, due to circumstances beyond the Owner's or Agent's control, the premises shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in etfect and the rent shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable tor delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident shall haye the right to cancel this lease by written notice delivered to owner or Agent at any time after the expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy shall be limited to such right of cancellation, neither party shall have any further right against the other, save the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premlses prior to the beginning of the term, 5uch occupancy shall be subject to the terms of this lease, and Resident shall pay prior to occupying the premises rent for the same period from the date ot such occupancy to the beginning of said term. 5 12. DAKAGI BY rIRI OR OTBIR CASUALTY I If the premises is damaqed by fire or other casualty, Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to the date the premises is surrendered, shall not be liable tor any further rent. If only a portion of the premises is rendered untenantable, the Resident may, with mutual agreement of Owner or Aqent, alternatively choose to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent, provided that olection to proceed under this alternative shall not be a waiver of the Resident's right to terminate the lease if repairs are not made within a reasonable time. 13. RIGHT or ENTRY: Owner or Aqent, or any person authorized by him, shall haye the right to enter the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and to show the premises to prospective residents. Reasonable times shall be defined as any time when the owner or Agent has qiyen the Resident at least a 24 hour notice by telephone or in writinq, however; such notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to be completed. 14. PRIKISBS DESCRIBED/PROPERTY USE:This lease confers no rights on Resident to use for any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased, except the walks and roadways giYing access thereto and such other areas, if any, as Owner or Agent may from time to time designate tor the use of residents. When the use by Resident of any other portion of Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by Owner or Agent. 15. rAILURZ TO PAY RENT/DErAULT: If Resident shall fail to pay rent, or any other sum, to Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to remove his possessions from the premises before paying to Owner ~r Agent all rent due to the end of the lease term, Owner or Agent, in addition to all other remedies by law, may: (a) discontinue utility seryice provided by owner; (b) terminate this lease; (c) bring un action or recover possession of the premises; Cd) bring an action to recover the whole balance of the rent and other charges due herein under, of /^. 6 whatever kind and nature, together with any and all consequential damages caused by Resident's default, including reasonable attorney's fees andlor fees charged by Owner or Agent and any court costs and subsequent fees for the procurement of a State Constable ~nd/or county Sheriff. 16. PITS: Resident agrees that no pets shall be allowed on premises including visiting pets without prior written consent of the Owner. 17. 'OS8ESSIONI Resident agrees that all security deposits as well as the right to take possession of the premises will be forfeited if Resident does not take possession of the leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made with the Owner in writing prior to the first day of the lease. lB. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to surrender the premises at the expiration of said lease term, or the terminations of this lease for whatever reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall be commenced by the Owner or Agent to recoyer possession of the premises, either at the expiration of the term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident specifically waives the right to 30 days notice and to any other notice required under the Landlord and Tenant A~t and agrees that not notice whatsoeyer shall be required. 19. OCCUPANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS GUESTS ~ITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND WHICH ARE ATTACHED. 20. LIIN SUBORDINATION: This lease is subject and subordinate to the lien of all mortgages now or at any time hereinafter placed upon any part of Owner's or Agent's property which includes the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. Resident agrees, upon request, to execute such further instrum~nts evidencing such subordination as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in the name of Resident. THIS AGREIHINT IS A LEGALLY BINDING CONTRACT: IF YOU DO NOT UNDERSTAND THIS AGREIHENT, PLEASE CONSULT AN ATTORNEY-AT-LAW I I 21. RESIDENT/JOINT AND SEVERAL LEASE AGREIHENT:The term "Resident" used herein shall refer COllectively to all persons 10 5. Maximum occupancy: No more than 5 person(s) will be permitted to occupy the premises, such person(s) designated as David Monroe. Tracv Monroe. Robert Monroe. Brianna Monroe and Marv Ann Monroe 6. Resident(s) agree(s) that Owner or Agent may change these r6qulations from time to time as may be required to protect the apartment or Owner's other property or add to resident's enjoyment of it. 7. Resident(s) are allowed only as available parking space(s) in apartment parking lot. MUltiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. 8. Washerldryer will be permitted to be kept or used at premises: yes x no . Dishwasher will be permitted to -- -,- be kept or used at premlses: yes-x-no___. 9. Trash removal on the exterior of the building shall be the responsibility of ALL resident(s). At any time which the Owner deems appropriate, an inspection may be made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH resident will be assessed a charge of $5.00 which must be included in the following months rental payment. These items include but are not limited to: bottles, cans, plastic cups, boxes, trash bags and any other item which would reasonably be considered rubbish or trash. This clause is in effect for this leased premises: yes_x_ no 10. It is the Resident's r~sponsibility to maintain all fire extinguishers and smoke detectors in good working condition at all times during the term of this lease. Failure to maintain these systems will result in a $50.00 fine per occurence. PLEASE MAINTAIN YOUR SMOKE DETECTORS AND FIRE EXTINGUISHERS. THEY ARE FOR YOUR SAFETY! RI8IDENT(SI RAS (RAVEl READ THE ABOVE REGULATIONS. INITIALS ( ( ( ( ( ( ) I ( ( ) ( l ( ( ( ) ( ) ( ( ( ( ( \~ ~ c> .- .(. '0: ~ . N ;.,.. ~r .':) :0::: j~J: <4- . :.:i " ,. .:l" ~ Zfi , : .~) fEl' ~, li,j f:. ~" :u.. , . ". '--0 I ,;; 0 t.' ,:J " . 1996 or a late charge of $120.00, but deny thftt these amounts are due and owing to Plaintiffs. As set forth below in Defendants' New Matter, Defendants are entitled to a reduction in rent for reasons including but not limited to Plaintiffs' breach of the implied warranty of habitability, and the late fees are unenforceable as a penalty. 9. Admitted in part and denied in part. Defendants admit that they did not pay $600.00 in rent for the month of March 1996 or a late charge of $120.00, but deny that these amounts are ,tue and owing to Plaintiffs. Defendants repeat and incorporate by reference their ayerments set forth aboye in Paragraph 8. 10. Admitted in part and denied in part. Defendants admit that they did not pay rent in the amount of $600.00 for the month of April 1996 or a late charge of $120.00, but deny that these amounts are due and owing to Plaintiffs. Defendants repeat and incorporato by reference their averments set forth aboye in Paragraph 8. 11. Denied. Defendants deny that they have failed to pay water and sewer utility Charges for the period of Noyember 21, 1995, through and including February 6, 1996, in the amount of $98.02. Defendants ayer that they have paid $65.00 toward these charges, and that the balance is $33.02. 12. Denied. Defendants deny that they yacated the premises on April 18, 1996. Rather, Plaintiffs' agent, J. Michael Adler, improperly attempted to haye the constable remOYe Defendants and their children from the dwelling on April 18, 1996, only one day after Defendants were seryed with an Order for Possession. When the constable became aware that he had been misled by Mr. Adler as to the propriety of the eviction, he immediately permitted Defendants to resume occupancy of the rental premises. Defendants subsequently yacated the premises on April 29, 1996. 13. Admitted in part and denied in part. Defendants admit that criminal charges haye been filed alleging that Defendant David Monroe issued a bad check for Janllary's rent. However, said Defendant is contesting these charges. Defendants deny that they owe Plaintiffs the full rent for January, for reasons set forth below in their New Matter. 14. Admitted in part and denied in part. Defendants admit that they aro entitled to an offset of $600.00 against any rent they may owe, as they pre-paid their last month's rent. However, Defendants deny all other averments ~et forth in Paragraph 14 of Plaintiffs' Complaint, and repeat and incorporate by reference their ayerments set forth aboye in Paragraphs 1 through 13 of this Answer. 15. Denied. Defendants deny that they have breached the terms and conditions of their lease by failing to pay rent and other charges when due. By way of further answer, Defendants aver that any obligation they may have had to pay rent or other charges under the parties' lease was abrogated by Plaintiffs' breach of the implied warranty of habitability and for other reasons as set forth below in Defendants' New Matter. 16. Admitted in part and denied in part. Defendants admit that they have not paid the sum of $1803.02 to Plaintiffs. However, they deny that Plaintiffs have demanded this sum from them, and that this sum is due and owing to Plaintiffs. 17. Admitted. 18. Denied. Defendants deny that as the result of Defendants', members of Defendants' family or visitors' lack of care in the use of the premises, the alleged repairs will haye to be performed at the costs set forth in Paragraph 18 of Plaintiffs' Amended Complaint. Defendants address each alleged item of damage as follows: A. Defendants deny that they are responsible for the alleged cost of repainting the walls, ceiling and trim. The paint was in good condition when Defendants yacated the premises, and any deterioration was the result of ordinary wear and tear. B. Defendants deny that they are responsible for the alleged cost of replacement of car.pet in living room, three bedrooms, hallway, steps and landing. When Defendants moved into the rental premises, all of this carpeting was worn, dirty and in need of replacement. The carpeting was no worse when Defendants moved out than when they moyed in. C. Denied. Defendants deny that they are responsible for the alleged cost of replacement of Yinyl in the kitchen hall, foyer, and downstairs bath. There was no vinyl in the kitchen hall or foyer. Moreover, the carpeting in these areas was worn and dirty when Defendants moyed in. The vinyl in the downstairs bath had wrinkles in it when Defendants began occupying the premises, but otherwise was in good condition both when Defendants moved in and when they moyed out. D. Denied. Defendants deny that they are responsible for the cost of trash removal and mowing of grass as alleged. Defendants were unable to remove approximately six to eight bags of trash, and several other items, before they were locked out of the rental premises by the constable. Howeyer, the cost of removing these items should have been nominal. Defendants further ayer that the height of the grass was not excessive, and that they are not responsible for the cost of mowing it. ~ I. Breach of the Implied Warrantv of Habitability 19. Before Defendants moved into the rental premises, Defendants obseryed several defects therein, including but not limited to the following: a. filthy carpeting in the kitchen, which emitted an intolerable stench, and other carpeting throughout the unit in need of cleaning b. dishwasher did not work c. upstairs carpeting which came up at the seams and created a hazard for Defendants and their children, who were at risk of tripping oyer the carpeting and falling onto the floor or down adjacent stairs d. main light switch in the bathroom did not work, necessitating that Defendants' children climb onto the sink to turn on the other light above the medicine cabinet 20. Before Defendants signed the parties' lease, Plaintiffs' agent, J. Michael Adler, promised Defendants that he would replace or extensively clean the kitchen carpet, and repair the dishwasher before they took possession of the premises on November 1, 1995. 21.. Reasonably relying on Mr. Adler's promises with r.espect to the kitchen carpet and the dishwasher, Defendants signed the parties' lease in or about October 1995. 22. Moreoyer, after Defendants signed the lease, J. Michael Adler promised to clean all the carpeting in the rental unit, and repair the upstairs carpeting and the bathroom light switch, before they moved into the premises on November 1, 1995. 23. contrary to the representations of Plaintiffs' agent, none of the defects described aboye in Paragraph 19 were repaired prior to November 1, 1995, when Defendants moyed into the rental premises in reasonable reliance on Mr. Adler's promises that the repairs would be made, or any time subsequent thereto. 24. Defendants repeatedly notified Plaintiffs' agent, J. Michael Adler, of said defects, and notified Plaintiffs directly by mail, but neither Plaintiffs nor Mr. Adler corrected the defective conditions. 25. Plaintiffs' failure to repair the defectiye conditions seriously reduced the habitability of the rental premises, as well as Defendants' use and enjoyment of it, and constituted a breach of the implied warranty of habitability. 26. Defendants are entitled to a reduction in rent commensurate with their reduced use and enjoyment of the premises caused by Plaintiffs breach of the implied warranty of habitability. II. Breach of Lease 27. Defendants repeat and incorporate by reference their averments set forth aboye in Paragraphs 1 through 26. 29. Paragraph 8 of the parties' lease proyides that: "O~mer or Agent will make necessary repairs to the premises and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for repairs." See Plaintiffs' Exhibit "A", page 4. 29. In breach of the parties' lease, neither Plaintiffs nor Plaintiffs' agent repaired the aboye-described defects in the rental premises within a reasonable time after receiYing notification of the need for repairs. 30. Because of Plaintiffs' breach of the lease, Defendants were not bound to comply with the terms thereof. III. Fraud in the Inducement 31. Defendants repeat and incorporate by reference their averments set forth aboye in Paragraphs 1 through 30. 32. Plaintiffs' agent, J. Michael Adler, with Plaintiffs' authori ty, intentionally and fraudulently misrepresented to D~fendants that the said defects would be corrected, with the purpose of inducing Defendants to sign the parties' lease agreement and moye into the rental premises. 33. Plaintiffs' fraud, or that of its agent, in inducing Defendant~ to enter into the lease agreement, renders the lease agreement unenforceable. IV. Excessiye Late Fees 34. The parties' lease agreement purports to require Defendants to pay late charges in the amount of $60.00 if the rent is paid between the first and fifth days of the month, or $120.00 if the rent is paid after the fifth day of the month. See Plaintiffs' Exhibit "A", page 1. 35. Said late charge provisions are excessive and unenforceable as a penalty, in that the late fees they purport to impose exceed any actual losses Plaintiffs may suffer or reasonably expect to suffer occasioned by the late payment of rent. V. Retention of Security DeDosit 36. Plaintiffs are hOlding Defendants' security deposit in the amount of $600.00, which should be applied to offset any rent or other charges Defendants may be found to owe Plaintiffs, or returned to Defendants. V. Unlawful Eyiction 37. On or about April 17, 1996, Defendants were served with an Order for Possession entered by District Justice Paula correal, which notified Defendants that they would be removed from the rental premises if they did not vacate the property within ten days from that date, pursuant to Pa.R.C.P.D.J. No. 519. 38. Despite this, Plaintiffs' agent, J. Michael Adler, directed Constable Charle. York to remOYe Defendants from the premise. on April 18, 1996, only one day after the Order for pos.e.sion had been .erved. 39. Based on Mr. Adl9r's directiye, Constable York permitted Mr. Adler's maintenance person to change the locks to the rental premises, and told Defondants that they would have to leaye. 40. After Constable York investigated the situation and learned that Mr. Adler had misinformed him that Mr. Adler had the right to remoye Defendants from the property, Constable York permitted Defendants to resume occupancy of the dwelling and directed Mr. Adler'. maintenance person to change the locks back. 41. Through such actions, PLaintiffs' agent, with the authority ot Plaintiffs, attempted to unlawfully remoye Defendants and their family from the premises, and interfered with Defendants' right to peaceful use and enjoyment of the dwelling. WHEREFORE, Defendants request that the relief requested by Plaintiff. be denied, and that Defendants be granted such other and further relief as this Court may deem reasonable and just. ~QUNTERCLAIM 1. f~nitiYe Damaae~ 42. Defendants repeat and incorporate by reference their 8yerment. set forth above in Paragraphs 1 through 41. 43. Plaintiffs' conduct described herein, as perpetrated ,'.{\ ''lI I~Tl ft; ~~ i'l, .. .. ~l.( ,..~ J "',t It' ,:j I I.:". 9~: , i:) '," fir i:':...J . " , 'I fll} -,. t, e- ll: :'" . , '.:I- e' I J " u. ".n : . \."J 0' J ... Ln (~ -" I ., lllf'; ), I (') ,; co( " I .~. S)\ . ,-~ (.'" ,-;-, '/ ~ ':111 , /"';: IJ.-1 , I'lj , 'Ii_ I I ,., I, , ) .,-" " " I ,',,' ,,'," ,,"' ."OUJO" ClIl....OV . HOUIITOP:l. .., Co A........._ ..., ~W .. NOfn'M HAHOVU .,.,...., OAII.........,..&NN......VANIA '70'. ""7t .........,,, "..'..0 .. DAVID A. STECKEL and MARY BETH STECKEL, Plaintiffs v : IN THE COURT Of' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I I 96-1736 CIVIL TERM I . . DAVID C. MONROE and TRACY MONROE, APPEAL FROM DISTRICT JUSTICE JUDGMENT Defendants ANSWER TO NEW MATTER UD COUNTERCLAIM AND NOW, come the Plaintiffs, by i.tnd through their attorneys, Broujos, Gilroy & Houston, P.C., who answer as follows: I. BREACH or THE IMPLIED WARRANTY or HABITABILITY 19 Admitted in part and denied in part. It is specifically denied that there were any defects which yiolated any implied warranty of habitability. A. Admitted in part and denied in part. It is admitting that t carpeting in the unit was in need of some minor cleaning; however, the carpeting in the kitchen was not "filthy" nor did it emit an intolerable stench. B. Admitted. It is admitted that the dishwasher was not working; however, Defendants agre:ld to accept the unit without a functioning dishwasher after discussion concerning the water usage for the dishwasher and the fact that the Defendants did not feel that they could afford operating the dishwasher. C. Denied as stated. The upstairs carpeting had a spot which had been tacked down. Only after use by the Defendants and the children did the carpet come up, which wee not noticed until after the unit had beon vacated by the Defendant.. The Defendants had never made any complaint. concerning the upetaire carpeting. D. Denied. It is specifically denied that the main light switch in the main bathroom did not work. 20 Denied. It is specifically denied that Plaintiffs' agent promised to replace or extensively clean the kitchen carpet or repair the dishwasher. 21 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 21 and they are, therefore, deemed to be denied. 22 Denied. It is specifically denied that Plaintiffs' agent promised to clean all of the carpeting in the rental unit and to repair the upstairs carpeting and the bathroom light switch. 23 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of ~he averments in Paragraph 23 and they are, therefore, deemed to be denied. 24 Denied. It i. .peoifically denied that Defendants notified Plaintiffs' Agent of any defect.. 25 After reasonable inye.tigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the ayerments in Paragraph 25 and they are, therefore, deemed to be denied. 26 After reasonable investigation, the Plaintiffs are without knowledge or information eufficient to form a belief as to the truth of the averments in Paragraph 26 and they are, therefore, deemed to be denied. II. BREACH or LEA~~ 27 Plaintiffs incorporate herein by reference Paragraphs 1 through 16 of the Amended Complaint and the responses to Paragraphs 19 through 26. 28 Admitted. 29 Denied. It is specifically denied that Plaintiffs had breached the lease. Moreover, it is specifically denied that Plainti.ffs' agsnts were advised as to any defects in the premises in need of repairs. 30 Denied. It is .pecifically denied that Plaintiff. breached the lease. To the contrary the Defendants breached the Lease are were, otherwise, bound to comply with all of the terms thereof. IU. rRAUD IN THE INDUCIMBNT 31 Plaintiffs incorporate herein by reference Paragraphs 1 through 16 of the Amended Complaint and the responses to Paragraphs 19 through 30. 32 After reasonable investigation, the Plaintiffs are without knowledge or. information sufficient to form a belief as to the truth of the avermentQ in Paragraph 32 and they are, therefore, deemed to be denied. 33 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 33 and they are, therefore, deemed to be denied. IV. IXCISIIVI LATI rill 34 Admitted. 35 Denied. It is specifically denied that any late charqes are excessive and unenforceable as a penalty. V. RETENTION or SECURITY DEPOSIT 36 Admitted. VI. UNLAKFUL EVICl12B 37 After reasonable inyestigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 37 and they are, therefore, deemed to be denied. 38 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the ayerments in Paragraph 38 and they are, therefore, deemed to be denied. 39 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the ayerments in paragraph 39 and they are, therefore, deemed to be denied. 40 After reaeonable inveetigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 40 and they are, therefore, deemed to be denied. 41 After reasonable investigation, the Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 41 and they are, therefore, deemed to be denied. WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and against Defendants for the amount as set forth in Plaintiffs' Amended Complaint. ~NTBRCLAIM VII. PUNITIVE DAMAGES 42 Plaintiffs incorporate herein by reference Paragraphs 1 through 16 of the Amended Complaint and the responses to Paragraphe 19 through 42. 43 Paragraph 43 sets forth a conclusion of law to which no response ie required. To the extent that a response is required, it i. specifically denied that Plaintiffs' actions were intentional, I make thb verification on behalf of the Plaintiffs, David A. Steckel and Mary Beth Steckel, who are outside of the juriediction of the Court and the verification of none of them can be obtained within the time allowed for filing the pleading and that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 paCS 4904 authorities. relating/ to unsworn falsification to &/~~ Christopher C. Houston, Esquire Attorney for Plaintiffs . I~' ~ !' 0" ,. ..:J .. ~\ll ~ l'-l " , ,.e J' ) l(" ~c. ", ,. 1 ' h'l' ,.... [1.\ ('~J L..t. : ':';i I' \,,; ;'.: !U.. U , , " , ';,"\ , ..I ~~~l. , , " , , t,