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Home My WebLink About00-04814 , ~~- " t -,' .;1;"',, COMMONWEALTH OF PENN~YLYANIA COURT OF1 COMMON PLEAS NOTICE OF APPEAL 7-~ '00 FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COM_N PLEAS No.4t 60'Lj8/'1 Wic..a NOTICE OF APPEAL Nofice is given that the appellant has filed in the above Caurt af Camman Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case menfioned bel"", p. I MM;. DIST. NO 0. NAME OF ~J. OTY STATE ZIP CODE l?-o l'} ('PIee.J~ ~'< b.~ 13r4<lo..-i ~Jclr-eSJ) _ \/ (t) vs. rr~~ tteN~M 5~( ~fl'lct [3~"", D~841 SIGNATURE OF APPELLANT HIS ATTORNEY Oil: A NT t;'^J((;e./IIArJ I Bre;/Jq(1{\J D;e~ \ ADDRESS OF APPELLANT 10TJ (cuh'..( f',k.-e ~Jl'" Gr\:Jlt o..TE Of JUDGMENT IN THE CASE OF (Plaintiff) 6'- f, - 0 0 ,J;H. rJ.. NO CV 12 C\l~Ooaol~3-00 LT 19 This black will be si9ned ONLY when this notafion is required under Po. R.C.P.JP. No. 1008B. This Notice of Appeal, when received by the District Justice, will operale as a SUPERSEDEAS 10 lhe judgment for possession in lhis case. l-,;~ Signature 01 Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of 101m to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action belore District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon. JOJ~,^ A~,I; ,appellee(s), 10 file a complaint in Ihis appeal II '" .. r of appellee(s) (Common Pleas No.::t M- 'I1J 14 I' ~ ) wi!hin twenty (20) days after service of rule or suffer entry of judgment of non pra~ ~w&. tJ J~ Signature of appellant or his attorney or agent RULE: To :r051.~~o.rJ; Name of awe//f>eIs) , appellee(s). (1) You are nolified that a rvle is hereby enlered upon you 10 file a complaint in !his appeal within twenty (20) days afIer lhe dale of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complainl within this lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. '- i~2~:~~'-'-~~'''_.~J w-~~, . of Deputy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY _~!1fliI;_~iIMlMlii;(;~",.,-i'.,",<\i,",,",~,Q~~~-!\o~I-&;lIu\~;ir,'jj"'ffif..~!~ij-.~~,~y - li ..~..l- . I~W - _~k_- -fIli'il~~ , -I'" lhH!Ii'llIll1>il~~~~~~" _J .,-U_U)tW-=- . . \ :'! I PROOf OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of servfce MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; .. AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on . 19__ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ___, 19_~ Signature of affiant Signature of official before whom affidavit waz made Title of official My commission expires on , 19-----< \5rt<rJclON ))r,eVt I \ f~tldc~'St- Yp~ )10SS , s'->"'(11 Yt~rJ\C 1""f(1! , (') 0 0 C 0, " ;;::: '- :::..-1 '"Om r.:: 741 ;:2 mcn f-- Z::D I -,....iT} &:is: 0"' ~glC? i:26 ':::\0 -0 -,-" -'--r1 ~8 ::Jr' ()o ~ )>c ~ iSrn ~ :11 ;;;! \0 ~ .,~_ ""'''.'~ ~_".~. ,~"","~" __,_~ ~_~. ,_~o '_~" . . ,f --'.( ~"-,., .-' ,,'-- ',c_'-. 09-3-05 t, liJ!.\'rSlill Jli1lGEMENT , NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'NAPOLI, JOSEPH A. I 4055 CHIPPENDALE CT. RICHMOND, VA 23234 L ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl. No.: OJ Name: Hon. GAYLE A. ELDER Add'e,,, 5 07 N. YORK ST. MECHANICSBURG, PA VS. Teleph"" (717) 766 -4575 17055 DEFENDANT: NAME and ADDRESS IoIEHL, BRANDON, ET AL. . C/O 1 FIELDCREST DRIVE ~CHANICSBURG, PA 17055 Docket No.: CV- 0000133 - 00 Date Filed: 4/28/00 I FRANK KEENAN C/O 7073 CARLISKE PIKE # 216 CARLISLE, PA 17013 ~ .t THIS IS TO NOTIFY YOU THAT: Judgment: FOR Pf.AINTIFI" [i] Judgment was entered for: (Name) Nl>.POr,T. .TO!'lRPH l>. [i] Judgment was entered against: (Name) KRRllTl>.N, FRl>.1ITR' nn'. !'A~ (, )<0,,1'),,': '1'1' Up,\' in the amount of $ 4 12"1 71 on: . (Date of Judgment) 6/01';/00 . . o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 3,967.71 Judgment Costs $ 156.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,123.71 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice. o Levy is stayed for days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: ,.'.. " ----- " -, ,-, - - Date: " .,;" .'~;"" , Place: Time: ANY PARTY HAS THE, RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTtCE OF APPEAL, WITH, THE PRQTHONOT ARY/CLEI!lK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. you MUST INCLUDE A COPY OF THIS NOTICE OF JUDGME;f'J.TiTRANSCRIP,T FORM WITH YOUR NOTIC;::E OF APPEAL. / /: .> /.- ":('-i<:;."" ........-. c' . . .y (- ;Vi.- 6 {Date' " -, - ,<,' /i ( , flu, , Dls!ric(Justice -. '.. i . ' .- I certifythatth;isa true and correct copy of ther~C~rd!f)he procr~di(9~ coofaihinQ the judgment. if .f. '(L Date .. i ,r . C ' District Justice I My commission expires first Monday of January, AOPC 315-99 2,006 SEAL _~~illi!lilii..~"il'i",",:.l':"'-';*"\i,<IH-"",'lU1G,,,!l!.';t.~'j;-"V""-""Si.&,'_":;c-;;":b',,:_~__j";';,",-~="l'~W-"_'{k""",,,,~,-;;lt'~l\'fl~~-*~~:i1I<L_hJ:iffl~""J<;"".!!Mli'l>2i<<ll>ifi!"'~.-'."'",~ ~ ~ ~ "" ~ 9.J ~ ,-,"~~."";-",".,,.~," ,'~~,~.. >-" ._"",._~, ,,,"< '," " l-'^, -"~ ", ".~_ .. ~ -r:::: <)l o CJt ~ "r, -~ ..~ ~. - ,_. ~~ ,411i"'~3~.IIiiIl"lU!~~~~,lli.,~.~q~~.I.~,.,~..!,iJ',~:I~,ilJllPtllfl1l!,,!II1.~.~. COMMONWEALTHOFPEN...SYLYANIA " " ",. NOTICE OF PPEAL 7&'00 COURT OF COMMON PLEAS . FROM J,IlDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT I No~ce is gi...n that the ,appellant has filed in the, above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the ca~ men~~ ,below. COMMONPLEASNo.::f\ OCy Lf8/f Ctiic ( NOTICE OF APPEAL ~'J<~e.N^r-.) l r(lll'fI,.J Dfe~1 ADDRESS Of APPELLANT 107-) (t.;(1!5\.( "t/(e#~~" cfir\:'}lc DATE Of.AJDGMENT IN THE CASE Of (Plaintiff) 6'- (;. 00 ~~, rJ.. oli CV 12 C\l.O~ r~B. 00 Lr19~ This block will be signed ONLY when thiS' nota~on is required under Po. R.c.P.J.P. No. 10088. (- 'I '-_:-I'i :-') ',,'j '( i I I ~I 1 This Notice of. API'!'al, ,when received by the District Jus~ce, wilr",operate as a SUPERSEDEAS ta the j.dgment for' po;session in this case. MAG. 0151 NQ OR NAME OF D.J. p. ~ (i ~ ~~ 1"10 I] ?le<;J~~" b.~ 13,.J....i ~ddrl'..l'..J) \1 (Defendant), '" Fr~/iJ.. lte;';1I..i5~,t" ,I3WM(t" (3r...,J"., D:d1I SIGNATURE OF APPELLANT OR HIS ATTORNEY OR A NT O.AIM NO (w~ If aPPellant' was CLAIMANT (see Pa. R.G.P.J.P. No. 1001(6) il}aejion before D;s(1fCi(tJustice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy 'PRAECIPETq,EN'!J,'\tt~LE TO FILE COMP~AINT AND R!J~ '!OFILE (This sectton.of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action befo,e.District Justice. IF NOT USEQ, defJJch from copy of notice of appeal to be served upon appeflee}. PRAECIPE: To Prothonotary Enter rule upon JOl~1r. A. N4 f,l; " , appellee(s), to file 0 complaint in this appeal , " " . "if'" of appellee/sl (Common Pleos No. :1\ f:f) - [I ~ J LJ (~ ' ) within twenty (20) days after service of rule or suffer entry of jud9ment ,of non pros. ' ;:1t~ W ~ SignatUre of appellant or his anomey or agent RULE: To ::ro.s4~1~ A. tv~r.J; Name of appeIWs} , appellee(.). l (1) You are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) ~ you d~""!4f!1e,11 complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. "'-~,~ J ";","~, ~;:~.,.:% ~~. '(h ' ~!\,' . 1 ~ ~', ~, I.'" i/~.;:::I .. . . .. ~~~~- 0 ~;.q~~~f,:lI1J~~t ,f serVIce was by ma,11S the date of ma,1o ,I, P .I . ~.. Date:~d(P,,:~~.~~'tt~; ry1~,1 . i~~:,:'~;"~)~} ':\" '~\1 .' -: "', l";",%:'';-' \T\~~l~ ~ :,.:-, _ 't,~~,,i \~~~~~ "'~~"1\'l":i'":\'~,:!Io,~.," -, "",..".;" ~ "'of ~ \ AOPC 312-84 . COURT FILE "c;l'. ",,_ ..";,~-..i...~"", ~";. __'..,,~ ~~___ ~.e"~'.,~~ .'.~""'" ~" ,,,. ,.---.. . . ..,-,_."' ..._.... . ,'j[l;i~fi>l~'iiI~>0i~j'~"'~0~f4~*~~OO~~~t-}t"",. ;,~, :~+~!\~!!~4t':!lJ~M '1~';;.)~" \~_t[_~"_-:':l" ~;)y.t' ,q,-;:q;:~;,. !;'IJ,~,.,,~'.~.':.~q,)~I~~~;~I_f::,J,r_;~l?ol:'~~pO\.r;?_'~~,t<lJ~~~~j.lft/ -'~"~"""~ :!,,',_J ",)~.!!il.~~:~ PROOF OF SERVICE OF NOTICE OF APPEAL ANO RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing Ihe notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYl~ANIA I COUNTY OF Cull1.blflCUl~ ; S$ AFFIDAVIT: I hereby swear or affirm that I served uz(a copy of the Notice 01 Appeal, Common Pleas No. 00- '18/4 ,upon the District Justice designated therein on (date 01 service) '71171QO , 0 by personal service ffi1iy (certified) (registered) mail, sender's receipt attached hereto, and up(;n the appellee, (name) fro n KW,KP{1"')r:t..r\ , on -:z.l.l:1-- , ;e.~D by personal service B;l' by (certltied) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the ~bolie Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME THIS _n'-\.h DAY OF ~,~o ~ v~~ ~WI~ Signature 0/ affiant My commission dxplres on m___l9.-......- Notarial Soal Robin L. Weigle, Notary Public Carlisle 80m, Cumberland County My Commission Expires Mar. 6, 2003 Menlber, Pennsylvama AsSOCiation of Notaries . VlNVI\lASNN3d ,uNnO:) nNlfll:!38Wno . BC:6 f,!~ l.! lnr 00 AI:IV10NOH i ("F :J' ,; 'C) ""':1 1;"'-"""; __JilJ" ";;\..." .:lJ! ;V'QJ iU .. ..~.. ~. " .... I " .L_ c__ ',-. ;CO'. "" ~ m I'- =r Postag~ $ ,33 a- Lr) Certified Fee I 40 r'I , Lr) Return Receipt Fe~ 11.;l,S- r1J (Endorsement Requiredl '" Restricted Delivery Fe~ 0 (Endorsement Required~ '" Total Postaga & Fees $ -A, CJtf' 0 ...D '" '" '" 0 ~ r'I ...D m I'- i Postagf $ Certified Fe~ ,3.3 / 40 1.2~ =r a- Lr) r'I '" '" '" ~ Return Receipt Fee (Endorsement ReqUir~ Restricted Delivery Fe (Endorsement Require ,) :<. 1J Lr) r1J '" '0 o '" ...D '" I _" _-_ _ __;;,c,.:,,>'{:_~ .... . . JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4814 CIVIL FRANK KEENAN and . BRANDON DIEHL, CIVIL ACTION - LAW Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 13 (717) 249-3166 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE SNELBAKER, BRENNEMAN & SPARE, P.C. BYW~ Attorneys for Plainti f I I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .. -' - - ; ; -, -:' -: "- -: ~ ~:--,--., - .......: ,.......;.. ... : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . vs. NO. 00-4814 CIVIL FRANK KEENAN and BRANDON DIEHL, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW come JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs in the above captioned matter through their attorneys Snelbaker, Brenneman & Spare, P.C., and set forth the following cause of action: 1. Plaintiffs JOSEPB A. NAPOLI and DEBRA A. NAPOLI are adult individuals residing at 4055 Chippendale Court, Richmond, Virginia 23234. 2. Defendant FRANK KEENAN is an adult individual currently residing at 7073 Carlisle Pike, #216, Carlisle, Pennsylvania 17013. 3. Defendant BRANDON DIEHL is an adult individual currently residing at 1 Fieldcrest Drive, Mechanicsburg, Pennsylvania 17055. 4. Plaintiffs are owners of a certain tract of land with a three bedroom residential dwelling located in Monroe Township, Cumberland County, Pennsylvania known and numbered as 135 Simmons Road (hereinafter referred to as the Premises). 5. At all times relevant to the averments in this Complaint, Defendants Keenan and Diehl resided in the Premises. II - '_'; ~"' ~-. ",-I 'c , " LAW OFFICES SNEL8AKER, BRENNEMAN 8: SPARE ,ok 0000 6. Defendants are parties to the terms of the lease dated October 15, 1996, a copy of which is attached hereto as Exhibit "~' and incorporated herein by o reference. 7. Defendants breached the terms of the lease by failing to pay the full $900.00 amount of rent due for the months of November 1999, December 1999, February 2000, March 2000 and April 2000. 8. The rent due unde~ the lease for the months of November 1999, December 1999, February 2000, MarcIl. 2000 and April 2000 has not been in paid in full and is in partial arrears as follows: a. Balance due for November 1999: $ 70.00 b. Balance due for December 1999: 450.00 c. Balance due for February, 2000: 335.00 d. Balance due for March 2000: 200.00 e. Balance due for April 2000: 900.00 Total $1955.00 9. A total of $955.00 rent was paid in January 2000. 10. The sum of $1,900.00 for past-due rent is due and owing to Plaintiffs by Defendants Keenan and Diehl. 11. Despite demands for payment of past-due rent, Defendants have failed and refused to pay the sum of $1,900.00 to Plaintiffs. 2 , i 12. Prior to vacating the Premises without proper advance notice to the Plaintiffs in or about March 2000, Defendants damaged the leased Premises, caused waste and lor otherwise failed to surrender the Premises in substantially the same condition in which it was leased to Defendants, in that: various screens, windows and a door were damaged; excessive amdunts of trash were left inside the Premises, in the lower barn garage and basement; various items were left in t~e yard; the grass had to be re-seeded; the fireplace was damaged; the refrigerator and stove were left in deplorable condition; carpet padding in the living room had to be replaced; and there were other items of miscellaneous damage. 13. The specific items set forth in the foregoing paragraph were repaired or otherwise addressed by Plaintiffs paying an individual $18.00 an hour for 102 hours of work at a cost of $1,836.00 plus $5.00 in gasoline expense during April 2000 and $200.00 for carpet padding. 14. Defendants failed to pay a trash bill of $31.71 to Waste Management for the time period when she occupied the premises which bill was paid by Plaintiffs. WHEREFORE, Plaintiffs Joseph A. Napoli and Debra A. Napoli request your Honorable Court to enter judgment in favor of Plaintiffs and against Defendants Frank Keenan and Brandon Diehl in the amount of $3,972.71 ($1900.00 for past- due rent, $2,041.00 for damageslrepairs and $31.71 for Waste Management bill) together with interest and costs of the District Justice action and this suit. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 3 LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE Dated: August 7 ,20001 .' '..c:;, .... '. . c.< '.c ..:....:,....>.. . . .' c',::: Respectfully submitted, ~:~MAN & SPARE, PC hili H. Spare, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (71 7) 697-8528 Attorneys for Plaintiffs 4 I , -..' REAL ESTATE LEASE This Lease Agreenxent ("Lease") is made effective as of October 15, 1996, by and between Joseph A. Napoli ("Landlord"), Debra A. Napoli ("Landlord"), and John Swartz ("Tenant"), Frank Keenan ("Tenant"), Lonnie Spurlotk ("Tenant") and Brandon Diehl ("Tenant,"). The parties Cflgree as follows: PREMISES. Landlord, in c9nsideration of the lease payments provided in this Lease, leases to Tenant(s) 3 SR, 2 ~ SA Single E'amily Ecme ("P~emiscs") ~ocated at 135 Simmons Road, Monroe Twp, Cumberland County, Mechanicsburg, Pennsylvania 17055. l~ISHINGS. The lease of the Premises includes the furnishings listed: stove, refrigerator, dishwasher, ceiling fans, window mini-blinds, dehumidifier, automatic garage door opener, Jacuzzi, pool pump anct filter. Tenant (s) shall return all ,such it,=ms at t.he end of the lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. STORAGE: Tenant shall be entitled to store items of personal property in the garage and/or lower shed, during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items. OCCUPANTS. The Premises may not be occupied by more than 5 person(s), consisting of 5 adult(s) and 0 chi1d(ren), unless the prior written consent of the Landlord is obtained. TERM. The lease term will begin on October 15, 1996 and will terminate on October 31, 1997, or any extension thereof. R~NE~L TERMS. This Lease shall automatically renew for an additional period of one month per renewal term on the same terms a,s this Lease, and will continue so from month to month until a new lease is signed or until either party gives written notice of the termination no later than sixcy (60) days prior to the end of the term or renewal term. ffiJLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover PeriOd"), TEmant shall pay to Landlord a lease payment for the Holdover Period based on the terms of the fallowing Lease Payments paragraph. Such holdover shall constitute a month to month extension of this Lease. LEASE PAYMENTS. Tenant shall pay to Landlord a total annual lease payment of $10,800.00, commencing 1 November 1996, payable in 5.Qvance, .l11 installment:s of $900.00 pe.c monLh on the first day of each month. Partial month payment of $450.00 is payable 15 October 1996 for the month of October 1996. Lease payments shall be made to tne Landlord at: Members 1st Federal Credit Union, Acet #112717-11, Mechanicsburg, Pa 17055, as may be changed from time to time by Landlord. LATE PAYMENTS, Tenant shall pay a late charge equal to 10% of the required installment payment for each payment that is not paid within ten(lO), days after the due date for such late payment. 1 EXHIBI.T A Page 1 of 4 NON-SUFFrcrENT FUNDS. Tenant shall be charged $25.00 for each check that is returned to Landlord for lack of sufficient funds. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $100.00 to be held and disbursed for Tenant damages to the Premises (if any) as provided by law. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the, last day of the term of this Lease, unless otherwise agreed by both parties in writing. USE 01r F11E!.!ISES/JI.BSEl-lCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. KEYS. Tne Tenant will be given 2 key(s) to the Premises. If all keys are not returned to the Landlord at the end of the lease, the Tenant shall be charged $25.00. ~IN~CE. Tenant's obligation for maintenance shall include: - Routine care and upkeep of inte~ior of premises. - Lawn mowin~ and general yard care. - Pool maintenance and care to include proper winterization. Landlord's obligation for maintenance shall include: - All plumbing lines greater than 3" - all other items of maintenance not specifically delegated to Tenant under this Lease ACCESS BY.LANDLORD TO PREMrSES. Subject to Tenant's consent (which shall not be unrt;~asonably \vithheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's ccmsent. UTILITIES AND SERVICES. Tenant shall be responsible for all ut.ilities and services in connection with the Premises. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. DANGEROUS MATERrALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, inflammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a r-esj?ons,i.ble in::;uranci:: CQiL'lpar.y, Ll.r~les:) the prior '..,rritt~1n consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. TAXES. Real Estate Taxes and Assessments attributable to the Premises Dr the use of the Premises shall be paid by the Landlord. DEFAULTS. Tenant shall be in default of this Lease, if Tenant fails to tulfill any lease obligation or term by which Tenant is bound. subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 2 EXHIBIT A Page 20f 4 I " '" ~ ~- " thirty (30) day(s) (or any other obligation within thirty (30) day(s)) after written notice of such default is provided by Landlord to Tenant, Landlord may 'take possession of the Premises without further notice, and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses suffered by Landlord by reason of Tenant's defaults. HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord. PETS. The Tenant is permitted to have on the Pre~ises: no more than two cats, dogs, or combination thereof. No additional pets sh'all be allowed without the prior written consent of the Landlord. ASSIGNASILITY/Su.BLETTING. Tenant may not aSSign~r su lease ~ny interest in the Premises without the prior ~' _II ~sent of Landlord, which shall not be unreasonably withheld. t/, NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: Landlord: Joseph A. Napoli Debra A. Napoli 1012lA Palace Way R:Lchmond, Virginia 23233 Tenant: John SWartz 140 Simmons Road Mechanicsburg, Pa 17055 Other Tenan t (s) : Frank Keenan Lonnie Spurlock Brandon Diehl Such addresses may be changed from time to time by either party by providing notice as set forth above. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the cntira ~grccment of tha parties ~nd there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If- a court finds that any provision of this Lease is invalid or unenforceable, but that by limittng such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 3 EXHIBIT A Page 3 of 4 ,'-- -''', '; CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of ~he state of Pennsylvania. ADDITIONAL FROVISIONS: Tenants must maintain Solar Salt in water softener. Landlord does not certify or warrant basement without the use of dehumidifier. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals the day and year as written. Ll\NDLORD: (}, ~ r\ ~ IftU.., I ~~hnie S ur , / eal) \j J ai"('-- c{i/ .:::r ""f,,, I-..e;.e. C"'S~e. \ I ' , J 'j Date 'rENANT (S) : '21/~.iwt~-4- 0 ;})- 9& Frank Keenan Date (seal) Brandon Diehl (seal) -;< ) - 9(> Date f-;) lj-f6 4 EXHIBIT A Page 4 of 4 .\ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . .. ............,.. CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Frank Keenan 7073 Carlisle Pike, # 216 Carlisle,PA 17013 Brandon Diehl 1 Fieldcrest Drive Mechanicsburg, PA 17055 ~re Snelbaker, Brenneman & Spare, P.C. 44 W. Main Street P.O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Date: August 7, 2000 I , I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs vs. FRANK KEENAN and BRANDON DIEHL, Defendants i:n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-4814 CIVIL CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiffs and against Defendant Brandon Diehl for want of an answer, and assess the Plaintiffs' damages in the amount of $3,972.71 plus costs. It is certified that a written notice of intention to file this praecipe was mailed to the Defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. A copy of such notice is attached hereto. Date: September 12, 2000 SNELBAKER, BRENNEMAN & SPARE, P. C. BY:~~ PhIlp H. pare, qUIre Pa. Supreme Court J.D. No. 65200 44 W. Main Street Mechanicsburg, PA 17055 (71 7) 697-8528 Attorneys for Plaintiffs Joseph A. Napoli and Debra A. Napoli LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE - ;".'l '-~i;;;-'", _-;, JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4814 CIVIL FRANK KEENAN and BRANDON DIEHL, CIVIL ACTION - LAW Defendants TO: Frank Keenan 7073 Carlisle Pike, #216 Carlisle, PA 17013 Brandon Diehl 1 Fieldcrest Drive Mechanicsburg, P A 17055 Date of Notice: August 29,2000 IMPORTANT NOTICE YOU ARE IN DEF AUL T BEC4USE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 By: hilip . Spa ,Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiffs, Joseph A. and Debra A. Napoli I, I, II :miiiBt.M:JliIllllJ' <~w~~m--&l~~il1i~.~U:lii~,~lm,,;;;~~~an -"--'<, "" , ~.~. ~~ , '_~'h_" """-="~- "~1l ~~=--~~_iMlillBlMililli.< (') C::::' C c:.) ~ r::, C- ::':.~. U') ,,\') -r)C,.1 ;-q "'" ~ rnn' -':J 'U:: ~ Z:CC ~ ~~{'. P l'~ " <----. -, ~ ~c--; 8 a ~ .::s ~..C) ..c: <;> ~,-) .-.I;) '1\ ~ ~ s.; c:: ~ += ~ (.)1 ~ ~ iT' ~] LAW OFFICES SNELBAKER. BRENNEMAN & SPARE JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs vs. FRANK KEENAN and BRANDON DIEHL, Defendahts : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-4814 CIVIL CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiffs and against Defendant Frank Keenan for want of an answer, and assess the Plaintiffs' damages in the amount of$3,972.71 plus costs. It is certified that a written notice of intention to file this praecipe was mailed to the Defendant against whom judgment is to be entered and to his attorney of record, ifany, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. A copy of such notice is attached hereto. Date: September 12, 2000 , SNELBAKER, BRENNEMAN & SPARE, P. C. BY:~ Philip H. pare, quire Pa. Supreme Court J.D. No. 65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Joseph A. Napoli and Debra A. Napoli , I LAW OFFICES SNEL8AKER, BRENNEMAN 8: SPARE JOSEPH A. NAPOLI and DEBRA A. NAPOLI, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4814 CIVIL FRANK KEENAN and BRANDON DIEHL, CIVIL ACTION - LAW Defendants TO: Frank Keenan 7073 Carlisle Pike, #216 Carlisle, P A 17013 Brandon Diehl 1 Fieldcrest Drive Mechanicsburg, P A 17055 Date of Notice: August 29,2000 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland COlmty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 By: hilip . Spa , Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiffs, Joseph A. and Debra A. Napoli I! i, " Ii - '''~U~~",-",~,-~.~cr-~~~fi>'~ '~IIi::::-I;~ ~ " ->ilMu!.~- .~'"' ~ gM- , '~ "'~~ (") ~ c 6i' ;,",," -.-.--'"- ~.0 ~ ~ ....D ~~;~" ",1 :t- -0 4t. ~ . . ..r~I'-.- 0 ~ ~~ j'--..: - C 8 - ~ ~ ~~; ..0 0 'l.. ~c ..c: ~ ~ Uj U) :J1 '::::', ::w ~;:; ~ 01 :...0 --f -< "' -~ Ie?