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Home My WebLink About02-5396 ~'uMMONWEALTH OF PENNSYLVANIA coup? OF COMMON PLEAS NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT ,~e_is~ ?~ ~t ~e ~t ~., ...... NOTICE OF APPEAL - ~ ~ ~ ~ ~ LT ~ ~ ~hce of A~L ~ mce~ b~ t~ Dis~t Jus~e. wi, ~e~ as a .~.~ NO. ~ ~t~ ~ ~ PRAEcIPE TO ENTER RULE TO FILE COMPLAINT AND RUL /F ~T ~, to ~ ~ 0~ w~ ~//~ ~ ~ E TO FILE ~Y of .ot/~e of ~/ ~ ~ ~e~ u~ ~/1~ PRAECIPE: To ~ry· Enter rule upon ~ -~-~ ~_~ ~ ... ~ ~, r,e a complaint in this aooecd ~) wfmin twenty (20~ d_ ,. .. - , ~s RULE~ To~~,), ~). -~ ..... ~ ~ ~ ~iL a~ wi~n t~y (20) ~s ~ t~ da~ of (2) ~ ~ ~ ~t fi~ a c~int witch this fi~, a JU~ OF ~N P~5 WILL ~ E~RED AGAINST YOU. (3) ~ ~ of ~e of this m~ if ~ ~s ~ mail is [OPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) CoM~ON~NEALTH OF PENNSYLVANIA ; SS coUNTY OF .............. ~] ........_ . .. _ . ·._stice desi~,nated therein on AFFIDAVIT: [ hereby swear or affirm that I ~ervedpieas No upon the fece pt attached hereto, and upon the ~Pet~s;,a serv~e ~ by (certifitd)(re~e.~ ~¢~a unon the app¢lee(s)to whom ~ and [urther tha~ ~ s~¢ ...... e to ~ , ~ers the Rule was addressed on ...................... mai~, sender's receipt attached hereto. ' SWORN (AFF RMED) AND SUBSCRIBED BEFORE ME ~..~ ~oo 09 - 1 - 01 Cm~,LEs ~. cr.m~-T, a'~. ^~: 400 BRIDGE OLDE TO~ COLONS -SUITE 3 ~ c~Ea~, PA ~'~o~e: (717) 774-598917070 NOTICE OF JUDGMENT/TRANSCRiP~ hAAS, DANIEL .... 717 LEWISBERi~y RD ~ C~ER~, PA 17070 /~ Possession granted. Possession granted if money~dgr~l~'i POSSession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $~ ~ Objection to Lev,, ~- ~.. ~ ~ . erally stayed. . ~ ays or ~'en are jointly and Severally liable. WITHIN~'°cuC~8, THE APPELLANT M m= ..~ILL INCLUDE AN APp E PR ~NOTARY/OLE THREE MONTHs RENT OR THE RENT ACTUALLy IN ARREAR '~UNOTARY/¢~c~%_ _U~u~c~r, IF'ANy. tN U~. uc.U~lT WITH THE ~..~AL OF THE,MO~EY j ~ .... ~K OF COURTS IF A PARTy WISHES TO APPEA S 30 DAYS AFTE L ONLy THE MONEy ON THE DATE THE AP R THE DATE OF ENTRy OF .In~-- PORTION OF A JU ~"' ..... PEAL IS FILED COURTS OF THE COURT OF C ~uMENT IN WH C~ ~ ~,. ~'"=~t iNVOLVING A R~¢,~'-~'~ u~ ~OURTS THE ~ESSER OF THE PARTy FILl OMMON PLEAs CI .... ,Lc A NOTICE OF APPE~¢'~TIAL LEASE, T~E P4RT ~¢~ ~ . ~G AN APPEAL M~T ,. .... ' VILDIvISION. .... ~ ~U~at~ ~ /]~. TI ~y~NO~MENT/TRANSc ~'"UNOTARYOLERKoF , District Justice SEAL ~_REQOR¥ VALLA .,,~_~ CUMBERLAND, - 40 MARKE- ' ,f..~.. PA 17070 THIS IS TO NOTIFy YOU THAT. ~ ~ ~ Judgment: . ~ Judgment Was entered for~ N ~ ?d~ment was entered a .... ( ame/.~ ',~ total amount of the ~¢ ...... ~~~ ~D=)2 ~, ,.. n ...... ~uunfy Deposit Js ~ District Just)ce, is $ ~ (~e of Judgment) Attachmen . . ~' '¢ Interest f :~ ~omplaJnt _ ¢ ~ Victi~ ~, ,~Proh~b~ted/ · , .... ( provided by lease) ¢ ~ ~ '"" u' ~OUse (Act 5, 19a¢, u~ dUagment Amoun, ' ' . . ~ Jud me ~ Th's Case d,sm,ssed witho~,ce' A~O~eyn~ts DEFENDANT: VS. NAME and ADDRESS FVA~LA, GREGORy, ET AL. 440 MARKET STREET APT.# PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WiTHIN TEN (10) DAYS AFTER filing the notl;ce of appeal, Check applicable boxes) COMMONWEALT~ OF PENNSYLVANIA AFFIDAVIT: I hereby' swear or ~ff~rm th~ I serve~ ~a copy of the Not~ce o~ Appeal Common Pleas No. ~%- ~ upon the District Justice dedgnated therein on (date of service} ..~(¢.~_ ~l/.~ _~[~[., ~ by per;o~?- ~i,ce ~ by (certified) (redstered) mail, sender's ~eceipt attache8 hereto, and upon the appellee, (name) _" ~~ ~ on .~..~. ~ ~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, ~ and further that I served the Rule to File a Complaint accompanying the above Notice oi Appeal upon the appellee(s) to whom the Rule was* addre~,sed~ on .... J..l~l ¢.~' ~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. -- SWORN AFFIRMED) AND SUBSCRIBED BEFORE ME My corem ssion expires or~ SJgnature of affiant · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~[~]~ Addressee B. F[ec~eived by ( P£inted Name) I C. Date of Delivery D.Is deliv;ry address different from item 1 ? [] Yes If YES, enter delivery address below: E] No 3. Service Type ~;~.e_Cified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. I 4. Restricted Delivery? (Extra Fee) [-I Yes 2. Article Number 7002 0860 0008 7775 9545 (Transfer from service lab~ Domestic Return Receipt 102595-02-M-0835 PS Form 3811, August 2001 COURT OF COMMON PLEAS JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FRO~ ////~ DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below. A~)RE~ C~ AP~I.L~ / -- ,.~ -J CJTY STATE ZI~ CO(~ 100DIS.'" 11 be signed ONLY when this notatian is required Under P~ l~J>JJ~. I~ ' --If appellant~,Wa$~ CLA/~N/~/(see' - i~7~('' - Pa: I~.C.P.J.P. No.- This Notice of Appeal, when received by the District Justice, will operate as a lO01(6)inactionbi~istrictJustice, heMUST SUPERSEDEA$ to the judgment for possession in this case~ FILE A COMPLAINT within twenty (20) clays after PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE . (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P,J.P. No, 1001(7) in action3 before D~'trict Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee), ' ~ PRAECIPE: To Prothonotary Fnter rule up<m ~ ~-~ .~(~s_C~ , oppellee(s), t~ l~e-~a ca~lain't in this appeal Name ol ~pellee(s) RULE: To IVe~e of e~aellee(s) ) within twenty (20) days after service of rule or suffer entr~of judgment of non pro~/ .- · (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days aftra the date of service of INs rule upon you by personal service or by ce~lified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT Of: NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailin~ AOPC 312-90 COURT FILE ...... " ,~ I ~ IIIIIIII I I I IIII il i111 '1 7002 0860 0008 7775 9545 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Haas 717 Lewisberry Rd. New Cumberland, PA 17070 Plaintiff, V. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 Defendants, C1V1L COMPLAINT NO. 02-5396 Type of Pleading: COMPLAINT Filed by Plaintiff NOTICE TO DEFEND 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 the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 (in PA only) AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas an las paginas signientes, usted tiene veinte (20) dias de plazo al partir de ia fecha de la demanda y ia notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forrna escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL,. Lawyer Referral Service of the CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 (in PA only) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Haas 717 Lewisberry Rd. New Cumberland, PA 17070 Plaintiff, V. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 CIVIL C, OMPLAINT NO. 02-5396 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 Defendants, COMPLAINT AND NOW, comes Plaintiff, Daniel Haas, 717 Lewisberry Rd., New Cumberland, PA, 17070, and avers as follows: 1. Plaintiff owns property at 440 Market St., New Cumberland, PA, for the purpose of renting the units to tenants; Plaintiff is located at 717 Lewisberry Rd., New Cumberland, PA 17070. 2. Defendants, Gregory Valla and Marie Weaver, are residing 440 Market St., apartment 1, New Cumberland, PA, 17070. COUNT 1- BREACH OF CONTRACT Plaintiff hereby incorporates ¶¶ 1 through 02 of the Complaint as if set forth in full. On or about 23 August 1998 the Defendants requested to rent apartment number 1 at 440 Market St., New Cumberland, PA.. On or about 23 August 1998 Defendants and Plaintiff executed a lease for the period 23 August 1998 through 31 August 2000 for the sum of $425.00 (four hundred twenty-five dollars) monthly, and which provided for a $25.00 late fee if the rent was not paid within five calendar days of each month's due date (the first day of each month). A true and correct copy of the lease is attached as Exhibit A. On or about 23 August 1998, Defendants took possession of 440 Market St., apartment 1, New Cumberland, PA. After the term of the lease expired 23 August 2000, Defendants remained in possession of the property on a month-to-month basis for the same amount of monthly rent. On 11 October 2002, Plaintiff personally served Defendants written notice to pay rant or quit, and Notice of termination of the lease, using the following language: "The undersigned does elect to terminate the lease ift]~e rent is not paid within three days." After the expiration of the three days, Plaintiff brough~I the matter before the appropriate District Justice, seeking money damages and possession, and prevailed. Defendants appealed the decision. 10. On 14 November 2002, after Defendants failed to pay November's rent as well, Plaintiff personally served Defendants written notice: to pay rent or quit, and notice of termination of the lease, using the following language: "The undersigned does elect to terminate the lease." 11. Plaintiff relies on the Notices described in paragraphs 8 and 10, above, primarily as notices of termination of the lease, since Defendants expressly waived Notice to Quit in paragraph 17 of the lease. 12. Defendants have neither paid October's nor November's rent, nor have they delivered up possession of the premises, damaging the Plaintiff. 13. Defendants violate the no-pets clause of the lease agreement (paragraph 7) with numerous pets, and have refused to cooperate with Plaintiff to control the odors and property damage that their pets have caused, and are causing. Plaintiff has noted a cat, a rabbit, a ferret, various other mammals which he cannot identify, various birds, and multiple aquariums, including a very large and heavy display tank. 14. Defendants are overcrowding the apartment with boxes stacked nearly to the ceiling in living areas, and with the front entrance / exit blocked. 15. Defendants violate paragraph I 1 of the lease agreement by storing numerous items outside, in plain view of other tenants, prospective tenants, and passers-by. 16. Plaintiff was cited by the Borough of New Cumberland to cause to be removed from the premises a discarded clothes washer, clothes dryer, and large television set, which the Defendants had deposited outdoors on t]he property. 17. Plaintiff personally gave the Defendants four day's notice, in writing, to remove the items described in paragraph 15, above. 18. Defendants damaged Plaintiff in that they did not timely comply with the notice by Plaintiff, compelling Plaintiff to pay to have them removed and disposed of, or to do it himself to avoid penalties by the Borough. 19. Defendants were notified 22 October 2002 that Plaintiff would need access to the apartment to make repairs inside the apartment on 261 October 2002 and 27 October 2002. Included in the notice were phone numbers for the Defendants to call if those dates were not convenient. Defendants did not call. 20. On the morning of 26 October 2002, Plaintiff arrived at the premises with three contractors to do the work, and Plaintiff was told by Defendant Valla that it was not available to work inside the apartment on that day, except for four hours, and that neither would he allow any work to be done inside the apartment at all on the following day, 27 October 2002. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as follows: a. Granting judgment for Plaintiffand against Defendants for rent and late fees for the months of October and November in the amount of at least $900.00, exclusive of interest and costs; b. Granting judgment for Plaintiff and against Defendants for $80.00 for the removal of Defendants abandoned washer, dryer, and television set. c. Granting Plaintiff possession of the premises. d. Granting Plaintiff its expenses, including reasonable attorney fees incurred in connection with this action; and e. Granting such other relief as the Court deems appropriate. APPLICATION FOR RELEASE OF FUNDS As per 68 P.S. 250.513 (c), Plaintiff requests release appropriate funds fi.om the of" escrow account ... to compensate landlord for the tenant's actual possession and use of the premises during the pendency of the appeal." In the alternative, in the event such funds have not been paid by Defendant to the prothonotary as required in 68 P.S. 250.513 (b), Plaintiff requests judgment to be entered in his favor and the supersedeas to be summarily terminated Respectfully submitted, 'Da~el Haas Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Haas 717 Lewisberry Rd. New Cumberland, PA 17070 Plaintiff, V. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 CIVIL COMPLAINT NO. 02-5396 Defendants, VERIFICATION I, Daniel Haas, Plaintiff, do hereby verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. {}4904 relating to on sworn falsification to authorities. Daniel Haas IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Daniel Haas 717 Lewisberry Rd. New Cumberland, PA 17070 Plaintiff, V. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 CIVIL COMPLAINT NO. 02-5396 Defendants, CERTIFICATE OF SERVICE I certify I am this day serving a copy of the above captioned Complaint upon the persons and in the manner indicated: Personally by Plaintiff, pursuant to the Pennsylvania Rules of Civil Procedure, hand delivered to the address below. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 Date:~~ Daniel Haas Plaintiff .] LEASE THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY. THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. I. NAMES OF LANDLORD AND TENANT Name of Landlord: Daniel Haas Nam~ 2. LEASED PREMISES The leased premises is the place that landlord agrees to lease to tenant. The leased premises is: 440 Market St., apt. 1, New Cumberland, PA 3. STARTING AND ENDING DATES OF LEASE AGREEMENT This lease starts on This lease ends on 4. RENT The amount of rent is: $ 425.00 each month. Tenant agrees to pay the monthly rent in a~'ance on or before the first day of each month. Landlord does not have to ask (MAKE DEMAND UPON) tenant to pay the rent. Tenam agrees t'o pay rent by first class mail postage prepaid or in person to landlord at the place specified by landlord: 7] 7 LewisberD- Rd. New Cumberland. PA, 17070 (,phone # 938-5726). ' Tenant agrees to pay a LATE CHARGE of $25.00 if tenant does not pay the rent within five calendar days of the due date. If tenant mails the rent to landlord, the date of payment will be the date the letter is postmarked. 5_ SECURITY DEPOSIT Tenant agrees to pay a security deposit of $ 425.00. Tenant agrees to pay the security deposit to landlord before the lease :starts and before landlord gives possession of the leased premises to tenant. Landlord can take money from the security deposit to pay for any damages caused by tenant, tenant's family and tenant's guests. Landlord may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent, landlord agrees to send to tenant any security deposit money left over. Landlord will send the remaining security deposit money to tenant no later than 30 days after the lease ends and tenant leaves. Landlord also agrees to send to tenant a written list of damages and amounts of money taken from the security deposit. Tenant agrees to give landlord a written forwarding address when tera~nt leaves and the lease ends. Tenant may not use the security deposit as payment of the last month's rent. 6. LANDLORD'S DUTY AT THE START OF THE LEASE Landlord agrees to give tenant possession of the leased premises on the starting date of the lease. The lease will start even fflandlord cannot give tenant possession of the leased premises because the prior tenant is still m the leased premises or the leased premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION. TENAN~F DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PREMISES TO TENANT. 7. DAMAGE TO LEASED PREMISES - NO PET AGREEMENT Lease, Haas Properties Page I of 4 Tenant agrees to notify landlord immediately if thc leased premises is damaged ~, fire or any other cause. Tenant agrees to notify landlord if there is any condition in thc leased premises tl~at could damage the leased premises or harm tenant or others. If tenant cannot live in the whole leased premises because it is damaged or destroyed, tenant may: 1) live in the undamaged part of the leased premises and pay less rent until thc leased preunses is repaired. OR ' 2) end thc lease and leave thc leased premises. Tenant agrees that if the leased premises is damaged or destroyed and tenant ends the lease, landlord has no further responsibility to tenant. Tenant agrees that tenant will NOT keep any pets on the leased premises. Tenant agrees that tenant WILL NOT ALLOW tenant's family or guests to have pets on the leased premises. 8. INSURANCE. Landlord may have (but is not required by this agreement to have) insurance on the building where the leased premises is located. Tenant's own property will not insured by. landlord's insurance. Tenant is responsible for tenant's own property that is located in the leased prenUses. 9. ASSIGNMENTS OR SUBLEASES BY TENANT. ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease from the tenant to another person. This other person then becomes the I ' andlord s new tenant and takes ow~r the lease. landlord,Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of the A sublease is a separate lease between the tenant and another person who leases all or a part of the leased premises from the tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the wxitten consent of landlord, Tenant agrees that fftenant transfers this lease (assigns) or leases fill or art of preunses to another (sublease). tenant has violated this lease. P the leased 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE. Landlord is responsible for all damage to property or injury to people caused by landlord (or landlord's representatives) intentional or negligent acts at the leased premises. Tenant is responsible for all damage to the leased premises and injuxy to people caused by tenant, tenant's l~amllv or guests. Tenant agrees that landlord is not responsible to tenank ten,~nt's family or guests for damage or injury caused by water, snow or ice th~at comes on the leased premises unless landlord was negligent. 11. USE OF LEASED PREMISES. Tenant agrees to use the leased premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased prer~ises. Tenant agrees not to store any flammable, hazardous, or toxic.chemicals or substances in or mound the leased premises. Tenant agrees not to store any items outdoors on the preunses. Tenant agrees not to do any activities ' · · any property, m or around the leased premises which could harm anyone or damage Tenant agrees that tenant will not allow more than 4 persons (the tenants and two minor children) to occupy the leased premises without the ,aa'itten permission of landlord. 12. RULES AND REGULATIONS. Tenant agrees to obey all rules and regulations for the leased premises. Ir'tenant violates any rules or regulations for the leased pre~'tises, tenant violates this lease. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms that mean that this lease does not have any effect upon the rights of the landlord's mortgage company. In other words, tenant's right under tlfis lease are subordinate to landlord's mortgage company. If landlord does not make the mortgage payments, the mortgage company may have the right to end the landlord's ownership of the leased premises. If the mortgage Company sells the leased pr~mises at a mortgage foreclosure sale. the lease may end. Lease, Haas Properties Page 2 of 4 Tenant agrees that landlord has thc right to mortgage thc leased pr,:mises. If landlord has a mortgage on thc leased premises now. or if landlord gets a mortgage in thc future, tenant agrees that this lease is subordinate to thc landlord's mortgage. 14. CARE OF LEASED PREMISES Tenant agrees that landlord and landlord's representatives have thc fight to enter the leased premises at reasonable times Landlord and landlord's representatives have the right to inspect, to make repairs, to do maintcnancc, and to shiny thc leased prcmises to others. follows: 15. UTILITY SERVICES Landlord and tenant agree to pay for the charges for utilities and sen, ices supplied to the leased premises as .Charge or Service: Television cable Electricity to Premises Water service Septic/sewer service Natural gas Trash collection Lawn maintenance Snow and leaf removal Landlord has the right to turn off temporarily make repairs or do maintenance. Paid by: tenant tenant landlord landlord n/a landlord landlord landlord, except for exq:erior stairs (tenant) any utihty or other service to the leased premises in order to 16. GOVERNMENTAL POWER OF EMINENT DOMAIN Eminent domain is the leg~ name for the right ora government such as the state or count)- or city. to take private property for public use. The government must pay fair compensation to anyone who has am' right in the property that is taken by the government. ' ' - If all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically. Landlord and tenant agree to release each other from any responsibility bocanse leased premises is taken by eminent domain and the lease has ended. 17. VIOLATIONS OF THIS LEASE WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEy HAVE AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, TENANT MAY LOSE TENANT'S SECURITY DEPOSIT. IF TENANT VIOLATES TH/S LEASE, LANDLORD ALSO CAN SUE TENANT FOR OTHER EXPENSES AND MAy SUE TO EVICT TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNLESS EACH TENANT HAS READ AND , CLEARLY UNDERSTANDS THE INFORMATION IN TH/S SECTION ABOUT LEASE VIOLATIONS. THIS IS A JOINT AND SEVERAL LEASE. ALL THE TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN INDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF TIlE AGREEMENTS TENANT SEPARaTELy 'SEVE .,, ..... ; ZORD CAN nmNC SUIT ^CAINST nm, ONe x RALL ~., rtar, vu~s., ut' ll-lg UNPAID RENT. TENANT VIOLATES THIS LEASE IF TENANT: 1 ) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIME OR. 2) LEAVES (ABANDONS) THE LEASED PREMISES WITHOUT THE LANDLORD'S PERMISSION BEFORE THE END OF THE LEASE OR_ 3) DOES NOT LEAVE THE LEASED PREMiSES AT THE END OF THE LEASE OR. 4) DOES NOT DO ALL OF THE TILINGS THAT TENANT AGREED TO DO IN THIS LEASE. IF TENANT VIOLATES THE LEASE. EACH TENANT AGREES TO WAIVE NOTICE TO QUIT. THIS MEANS THAT THE LANDLORD IV_Ay FILE A COMPLAINT IN COURT ASKING FOR AN ORDER EVICTING EACH TENANT FROM THE LEASED PREMiSES WITHOUT GIVING EACH TENANT NOTICE TO QUIT FIRST. LANDLORD DOES NOT HAVE THE RIGHT TO THROW TENANT OUT OF THE LEASED PREMISES (SELF-HELP EVICTION). THE LANDLORD CAN ONLY EVICW TENANT BY COURT ACTION. Lease, Haas Properties Page 3 of 4 THE LANDLORD DOES NOT HAVE THE RIGHT TO SUE IN COURT FOR EVICTION UNLESS A TENANT HAS VIOLATED THE AGREEMENTS IN THIS LEASE. EVEN THOUGH EACH TENANT IS WAIVING NOTICE TO QUIT. EACH TENANT WILL HAVE A CHANCE IN COURT TO CHALLENGE THE LANDLORD'S CLAIM FOR EVICTION. IF TEN_ANT VIOLATES THE LEASE AGREEMENT. THE LANDLORD MAY SUE EACH TENANT IN COURT: -- -- 1) TO COLLECT OVERDUE RENT. LATE CHARGES AND MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF THE AGREEMENTS IN THE LEASE. 2) TO RECOVER POSSESSION OF THE LEASE PREMISES (EVICTION). 3) TO COLLECT FOR UNPAID RENT UNTIL THE END OF THE LEASE OR UNTIL ANOTHER PERSON TAKES POSSESSION OF THE LEASED PREMISES AS A NEW TENANT. Tenant agrees that landlord may receive reasonable attorney fees as part of a court judgment in a lawsuit against tenant for violation of the agreements of the lease. BY SIGNING THIS LEASE AGREEMENT. EACH TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. and has received a copy of tl'fis lease, signed by both the tenant(s) and the landlord. DATE S1GNED BY LANDLORD: ~,~ l~(, ic! ci~ L ,A~qDLOP~D: DATE SIGNED BY TENAN'I:~ /~c- ,~,,/_&. ~.f~ TENANT: Lease, Haas Properties Page4 of 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Haas 717 Lcwisberry Rd. New Cumberland, PA 17070 Plaintiff, V. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 Defendants, Withdrawal of Complaint and Withdrawal of Appeal NO. 02-5396 Withdrawal of Complaint and Withdrawal of App,~sl The undersigned Defendants and Plaintiff in the above entitled action declare a settlement out of court, and withdraw both the appeal of the District Justice judgement as well as the Complaint filed by Plaintiff This settlement is based in pan upon the disposition of the ftmds currently deposited with the Court ($533.50) to be released to Plaintiff The undersigned respectfully request that this be granted by the Court with all possible speed. Date: Date: Date: Daniel Haas, Plaintiff M~ie Weave, Defender DANIEL HAAS, Plaimiff VS. GREGORY VALLA and MARIE WEAVER, Defendants IN THE COURT OF C, OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-5396 CIVIL ORDER AND NOW, this i! r day of December, 2002, in accordance with the attached stipulation of the parties, the Prothonotary is herewith authorized to release the sum of $533.50 to the plaintiff. Daniel Haas Plaintiff Gregory Valla Marie Weaver Defendants :tim BY THE COURT, A. Hess, J. - DEC 0 9 2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Daniel Haas 717 Lewisberry Rd. New Cumberland, PA 17070 Plaintiff, V. Gregory Valla 440 Market St., apt. 1 New Cumberland, PA 17070 NO. 02-5396 Marie Weaver 440 Market St., apt. 1 New Cumberland, PA 17070 Defendants, The undersigned Defendants and Plaintiff in the above entitled action declare a settlement out of court, and withdraw both the appeal of the District Justice judgement as well as the Complaint filed by Plaintiff This settlement is based in part upon the disposition of the t;unds currently deposited with the Court ($533.50) to be released to Plaintiff The undersigned respectfully request that this be granted by the Court with all possible speed. Daniel Haas, Plaintiff Date: /~- q- O 2_ /~.~-, t:~ /~ ~i~<5~a, Defendant Date: /gz_ 9 - ~9 2.- Marie Weaver, ]Defendant 2 CARB-OUT~ oo ~o9=~ ~00~ 13500312132002 Cumberland County Prothonotary'? Office Paae 1 PyaS405. Manual Release Check ~egYs~er 12/13/2002 Escrow Tran Date Distribution Case No Accounting Amount Date Release 3829 HA3kS DANIEL Check Date: 12/13/2002 Check No.: 1312 RENT 2002- 05396 PYMT~CASH 108.50 11~06~2002 RENT 2002- 05396 PYMT/CHECK 425.00 11/20/2002 Payee total: 533.50 Grand total: 533.50