The URL can be used to link to this page

Home My WebLink About03-1407COMMO~I~N'EALTr'fl OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT 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 on the date and in the case mentioned below. ~._r.-,a=..~$ Of: AI~_"&NI' ~ I . . ~ ~'~ I~C~~; v · -J :~ ~ L I I~-/ ,,~ ~ ~ ~ ~ AT~ ~ A~ · -- 1~8~ ~ his ~fi~ is mqui~ u~ P~ ~ ~ ~ ~ ~ ~ ~ ~.C~ ~ ~s ~ of A~I, ~ ~ ~ ~ Distr~t ~sfice, will ~ as a lO01(6)in~tJ~f~Dis~ctJ~tJce, heMUST ~PER~DEAS ~ ~ j~t_~ ~s~ in this cas~ FILE A COM~AINT within t~y (20) d~ afl~ ~ 6f ~oih~ ~y filing his NOTICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE Enter rule upon (Common Pleas Ncx (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary .... -~ ~"- ! t'~O-7~ ~ J ~'; J ) within twenty (20) days service of rule or suff~ entry of judgment non pros~ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailin~ AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W/THIN TEN (t0) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA OF · ; SS COUNTY 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) ....................... ;; ........ [] by personal service [] by (certified) (registered) mail, sender's receipt attached h-~'~i~ ~nd upon'{h~P-~iie~'i' !name) ..................................................... :. ............. :-:c- ............. ~'"': ........ ;.........~,, on. [] by personal service [] by (certifiedi (registered) mail, senaer s receipt attacnea nere[o. [] and further that ~"s~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ....................................................................... [] by personal service [] by (certified) (registered) ma~l; sender s rece pt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ................................. DAY OF .... ~7~ ~?'~!ficiai before whom aff, Jdavi~ was 'Fit!e o! official My commission expires on iI " _ COMMORW'E~Lf]-H OF PENNSYLVANIA COUNTY OF: CUMBERr,,%ND Mag. Dist. No.: 09-3-01 DJ Name: Hon. A,~dres,,~: 8'1 W~ BOTTOM RO, AD P.O. BOX 36'1 SHIPPENSBURG, PA :-e~epho,~e: (7'17) 532 - 7676 17257- 0361 APRIL YOUNG 15 S-PRINCE SHIPPENSBURG, PA 17257 PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FVANSCYOC, CLIFTON 161 SPRINGFIELD RD SHIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS ~OUNG, DUWAYNE, ET AL. 15 S.PRINCE ST SHIPPENSBURG, PA '17257 NOTICE OF JUDGMENT/TRANSCRIPT k Docket No.: LT- 0000055 - 03 Date Filed: 2/24/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTIFF [-~ Judgment was entered for: (Name) VANSC¥OC, CLIFTON Judgment was entered against YOUNG, APRIL Landlord/Tenant action in the amount of $ _. 818.95 on 3/20/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 800.00 · (Date of Judgment) __ 525.00. Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention Total Amount Established ~%~)J., ~ess. Security Deposit Ap~l~d = /.I.~..1.~ -- $ . = L_J Attachment Prohibited/ Victim of Abuse (Act 5, 1996) ~---J This case dismissed without prejudice. ~-] Possession granted. .oo-$ .oo .oo-$ .oo Less Amt Due Defendant from Cross Complaint Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment [--~ Possession granted if money judgment E~ Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ not sat~snea by t~me o1' eviction. ~---] Defendants are jointly and severally liable. in a Adj u d ic at e d,.jA'1r~o,,u~. ~ $ . .0o .00 719.15 99.80 818.95 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' "Z~ '~ ~ -~t'~ Date '/~:~'/' ~" ~ , District Justice II certify that this is a true and correct copy of the record of the proceedings containing the judgment. · Date , District Justice My commission expires first Monday of January, 2006 Ao~c 3~A-03 ' SEAL COMMOI~)E-~ALCTH OF PENNSYLVANIA COUN-I"Y OF: CUMBERLAND Mag Dist. No.: 09-3-01 DJ Nam6: Hon. HAROLD E. BENDER Address: 81 WAr.NUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone: (717) 532-7676 17257-0361 DUWAYNE YOUNG 15 S.PRINCE ST SHIPPENSBURG, PA 17257 THIS IS TO NOTIFY YOU THAT: PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FVANSCYOC, CLIFTON 161 SPRINGFIELD RD SHIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS FYOUNG, DUWAYNE, ET AL. 15 S.PRINCE ST SHIPPENSBUKG, PA 17257 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: LT-O000055- 03 Date Filed: 2/24:/03 Judgment: FOR PLATNTIFF E~ Judgment was entered for: (Name) VANSC¥OC, CLIFTON Judgment was entered against YOUNG, DUWAYNE in a Landlord/Tenant action in the amount of $ 818 ·95 on 3/20/03 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ ~. The total amount of the Security__Deposit is $_ 800.00 Total Amount Established J~.~J. _ Security Deposit Ap~l~d : Adjudicated..~o,,u:~; Rent in Arrears $ l~ess~ · = $ . Physical Damages Leasehold Property $ . O0 -- $ . O0 = . O0 Damages/Unjust Detention $ . O0 -- $ . O0 = $$ . Of) Less Amt Due Defendant from Cross Complaint - $ . O0 Interest (if provided by lease) $ _ ~ Attachment Prohibited/ L/T Judgment Amount $ Victim of Abuse (Act 5, 1996) Judgment Costs $ 99. Attorney Fees $ - E~ This case dismissed without prejudice. Total Judgment $.., 818.95 l/~-'] Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ J---] Possession granted if money judgment i., not sat~st~ea by t~me of ewct~on. I[--'-J Possession not granted. E~ Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J'~~ Date ,,~¢..4.¢..Z¢/' ~- ~ I , District Justice "t certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date J , District JusticeJ My commission expires first Monday of January, 2006 SEAL AOPC 315A-03 . 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 notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of ~p~at, Common Pleas No. (~)"~-/'~_ , upon the District Justice designated therein on lz:h~l-;d-ate of service) ~ -.T...~'~'"~,,d-~ -- i E~'"'by p~s~'~'~-~s~ice, ~by (cer~lied)(registered) mail, sender's ' . .... ~ .... ' ...................... ~--~' ' ,' ~..~c.-,,., on r ce t_at hed hereto d upon the appe ee ~name) ~~~, _.~F~ ................ ~ ....... · ~ - ;~ ~ ~"~ r-I bv personal serwce ~ (certlfle:d)(registered) mall, sen~ter's receipt attached hereto. ,[~d-~--~rt-~t~er that~'-~;rved the-'"'~'9 to~l,e ~ boml~laint ac.c, ompany,ng the'above Notice of Appeal upon the appellee(s)to whom the Rule was addressed on _~~~.~..~¢¢C..,_._.,,I-I by personal service I~ by (certified)(registered) mail, sender's rece pt attached hereto. / Postage Return Reclept Fee ,-.-ement Required) os*a'icted Delivery Fee ~ (~.ndorsement Required) ru Total Postage & Fees CLIFTON D. VAN SCYOC, Plaintiff, VS, DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1407 CIVIL CIVIL ACTION - LAW (IN EJECTMENT) 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CLIFTON D. VAN SCYOC, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-1407 CIVIL DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants. CIVIL ACTION - LAW (IN EJECTMENT) NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTABLISHED DEMANDA A UN ABODAGO 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CLIFTON D. VAN SCYOC, Plaintiff, VS. DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1407 CIVIL CIVIL ACTION LAW (IN EJECTMENT) COMPLAINT-ACTION IN EJECTMENT AND NOW comes the Plaintiff, Clifton D. Van Scyoc, by and through his attorneys, Caldwell & Keams, P.C., who file the within Complaint, and in support thereof, aver the following: 1. The Plaintiff, Clifton D. Van Scyoc, is an adult individual residing at 161 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The Defendants, Duwayne G. Young and April Young, his wife, are adult individuals, residing at 15 South Prince Street, Shippensburg, Cumberland County, Pennsylvania, 17257 (hereinafter "Tenants"). 3. Plaintiff is the owner of that certain parcel of real estate located at 15 South Prince Street, Shippensburg, Cumberland County, Pennsylvania, 17257, (hereinafter "Premises") upon which is located a dwelling house which the Plaintiff, acting as the owner/landlord seeks to rent to interested persons for temporary occupancy therein as tenants thereof. 4. In view of the fact there exists no dispute with regard to the ownership of the Premises identified in the immediately preceding paragraph, title to such Premises being entirely vested in the Plaintiff, and such title being beyond the legal ability of the Defendants to dispute, the Plaintiff has not set forth in this Complaint an abstract of title. 5. On or about May 29, 2002, the Plaintiff and the Defendant, Duwayne G. Young entered into a written agreement of Lease (hereinafter "Lease") by which the Plaintiff, as owner, and the Defendant, Duwayne G. Young, as Tenant, agreed that Plaintiff would lease to the Defendant and the Defendant would lease from the Plaintiff, that certain dwelling located at 15 South Prince Street, Shippensburg, Cumberland County, Pennsylvania, 17257. Said Lease was agreed to be for a fixed term of twelve months, beginning June 1, 2002, and ending May 30, 2003. A copy of the said Lease is attached hereto, identified as Exhibit "A", and incorporated herein by reference. 6. The Defendant, April Young, did not execute the written Lease; however, on or about June 1,2002, together with her husband, the Defendant, Duwayne G. Young, the said April Young did assume occupancy of the dwelling at 15 South Prince Street, Shippensburg, Cumberland County, Pennsylvania, 17257, and has with her husband, continued to occupy the said dwelling since on or about June 1,2002; therefore, by reason of her use of the said dwelling as her place of residence, the Defendant, April Young, has lawfully assumed, undertaken, and become responsible for compliance with all of the terms and conditions of the Lease for the said Premises (Exhibit "A"). 7. Defendants failed to pay the required rent under the Lease due by the 1st of February, 2003, in the discounted sum of Five Hundred, Twenty-Five Dollars ($525), thus, by their failure to pay timely, Tenants, under the terms of the Lease, lost their discount in the sum of Fifteen Dollars ($15); and, by their continued failure to pay the rent due beyond the fifth (5th) and tenth (10th) day of the month, incurred additional late fees in the sum, on each respective date, of Thirty Dollars ($30) and Twenty Dollars ($20). 8. By reason of their failure to pay the rent due for February, 2003, the Tenants breached the Lease Agreement, as provided on page 2 of the Lease (Exhibit "A"), "BREACH OF LEASE". 9. Additionally, though given notification by the Plaintiff, pursuant to the Lease Agreement, to pay quarterly water, sewer, garbage and recycling charges in the total sum of One Hundred, Forty-Nine and 23/100 ($149.23), to which is added a 10% administrative fee ($14.92), the Tenants committed an additional Breach of the Lease. 10. On or about February 18, 2003, Plaintiff provided to the Defendants a form of "Payment Notice", advising the Defendants that, pursuant to a prior Notice to Quit delivered on or about December 23, 2002, the financial obligation of the Tenants to the Plaintiff was in the total sum of Seven Hundred, Fifty-Four and 15/100 Dollars ($754.15). COUNT I EJECTMENT 11. Paragraphs 1 through 10 are incorporated herein by reference as if fully set forth herein. 3 12. By reason of their "failure to pay rent when it is due" and by reason of their "failure to pay to Owner any other sum when it is due", the Tenants have breached the Lease, and are no longer entitled to retain possession of the leased Premises. 13. Defendants continue to occupy the leased Premises. 14. Despite Plaintiff's repeated requests, Defendants have failed and refused to pay to Plaintiff the sums required to be paid as set forth above, and have failed to vacate the Premises. WHEREFORE, Plaintiff, Clifton D. Van Scyoc, respectfully requests that Your Honorable Court enter an Order against the Defendants, Duwayne G. Young and April Young which would restore to Plaintiff rightful possession of the subject Leased property, and which would require the Defendants to remove therefrom. COUNT II RENTS, PROFITS AND OTHER DAMAGE~ 15. The averments of paragraphs 1 through 14 are incorporated herein by reference as if fully set forth herein. 16. Although Defendants have belatedly paid Plaintiff the sum of Five Hundred, Twenty-five Dollars ($525), applied to Defendants' February, 2003, rent, the Plaintiff, pursuant to the terms of the Lease is due the discount of Fifteen Dollars ($15) for failure to pay by February 1,2003, as well as the late fees totaling Fifty Dollars ($50). 17. By reason of the failure of the Defendants to pay the water, sewer, garbage and recycling charges in the total sum of One Hundred, Forty-nine and 23/100 Dollars ($149.23), an additional administrative fee of ten percent (10%) thereof ($14.92) is also due and unpaid. 18. Defendants have failed to pay to Plaintiff the rent due and payable on March 1,2003, in the sum of Five Hundred, Twenty-five Dollars ($525), plus lost discounts and late fees totaling an additional Sixty-five Dollars ($65); and, has likewise failed to pay the rent due and payable on April 1, 2003, in the sum of Five Hundred, Twenty-five Dollars ($525), together with lost discount and late fees totaling an additional Sixty-five Dollars ($65). 19. To the date of the filing of this Complaint, Plaintiff has incurred costs paid to a District Justice and a Pennsylvania Constable in the Ninety-nine and 80/100 Dollars ($99.80). 20. In addition to the foregoing, and pursuant to the terms of the last paragraph of the Lease (Exhibit "A"), Plaintiff has brought the within cause of action against the Defendants for enforcement of the Lease Agreement and has incurred attorney's fees in the present sum of Seven Hundred, Fifty Dollars ($750), representing a retainer fee paid to his attorney, Carl G. Wass, Esquire, and, Plaintiff seeks to recover such reasonable attorney's fees. 5 WHEREFORE, Plaintiff demands judgment against Defendants in the total sum of Two Thousand, One Hundred, Ninety-three and 95/100 Dollars ($2,193.95), together with any additional sums which may become due hereafter by reason of the continued occupancy of the Defendants in the leased Premises and their continued failure to pay rent on and after May 1,2003, together with any costs incurred by reason of the within Complaint. Date: By: Respectfully submitted, Carl G. Wass, L~uire Attorney I. D. # 07268 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Clifton D. Van Scyoc VERIFICATION I, Clifton D. Van Scyoc, verify that the averments made in this 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 unsworn falsification to authorities. Date: 55255 Lease Van Scyoc Properties 161 Springfield Rd. Shippensburg, PA 17257-9507 (717) 776-7240 (717) 856-7374 THIS AGREEMENT. dated May 29. '~00'~ which supersedes all previous agreernents, is by and bctxx'ccn CIit'ton D. Van Scyoc, "Owner," and Dmvavne G. Young, "Tenants," tbr rental of the dwelling located at 15 S. Prince St.. Shippensburg, PA 17257 under the following terms and conditions: REN'lr--Tenan! agrees to rent this dxvelling for a fixed term of 12 months, beginning June I 2002 and endill,~ May 3 I. _00o. Tenant agrees to lease this dwelling for the sum of $6900.00 per year effeclive yearly rate after discounts) payable in monthly instalhnents of $575.00 per month m advance (S525.00 effective rent after discounts). Upon expiration, this agreement shall become a month to month :~grccmcnt automatically, unless either tenant or owners not/tv the other part), in writing at least thirty day IO expiration, that they do not wish this agreement to continue on any basis, lftenanls x'acate this aureement expires, all moneys due tbr the remainder of the lease are due and payable premises I:ORM OF PAy~riENT/PROCEDiIRE~Tenants agree to pay rent in the form of a personal check, a cashier's check, or a money order made out to Van Scyoc Properties. Do not send cash throu,,,h tile mail. We will not be liable for any loss sustained from theft or otherwise in regards to cash. Tenants'-a,2ree lo pay their rent b.v mail addressed to Vao Scyoc Properties, 161 Springfield Rd. Shippensburg, PA"i 7257- 951}7. or in such other way as the Owners will advise the Tenants in writing. If possible, Tenams may makc payments directly to Owners. RI:.TI ;RNE D (?Ill(CKS--II; tbr any reason, a check used bv Tenant to pay Owners is returned without hax ing been paid. Tenant will pa)' a returned check charge o~I'$25.00 AND take whatever other consequences there might be in making a late payment. After the second time that a Tenant's check is rcturned, Tenant must thereafter secure a cashier's check or money order ~br all future payments. RE.NT D! ~E DATE; RENT LATE DATE'-The due date/bt the rent owing under this Ag/-ecmcm I st day of every calendar month. The rent must be paid on or before the first to be "on time." The late date is thc 2nd. This is the lkst day when Owners will conside"r the rent late. Owners expect to have Rt'CI!IV}!D thc rent before the first of any given month. DIS(~OI ~NTS-- In order to encourage Tenants to pay their rent promptly, Owners will give Tenants a discount of $15.00 when tile rent is received BEFORE the late date mentioned above. No discounts will apl}ly after the Ist. All checks received by mail alter the 1~ must be postmarked two (2) days prior to ~hc late date. Postmark w/Il be considered the date received and will determine if discounts appiy onl5, il' paymcn! is received within I day of late date; otherwise, no discounts will apply. Owners are not responsible for lost or misdirected mail or tenant's error. Any returned check w/Il be considered as unpaid rent and not sulkiect to discount. A $35.00 discount will apply tbr yard maintenance. Yard maintenance shall ~ncludc. mowing, raking and sweeping any ex/sting walkways in addition to shoveling ~md salting xximcr a.s necessary. Yard maintenance will be forfeited tbr any given month in which the ,.z, rass exceeds ctghl {81 inches in height and Oxy.hers are required to mow, walkxvays are not shoveled within I() hours alicr ,4TAI~ AGReEMENT--Page 2 of 9 ~tsl snow I'all, or ifa letter is received from the Borough regarding any deficiencies. I,ATE FEEs__O~vners e×pect Tenant to pay the rent promptly. If the rent has not been paid by the 5th of any given month, tenants agree to pay a late tee of $30.00. If the rent has not been paid by the 10th of any given month, tenants agree to pay an additional late the of $20.00 making the total penalty $50 00 Since' determining O~vners' actual damages caused by Tenants' late a me · - ' ' · p y nt would be d~Ificult or impractical, both part,es agree to regard the Owners' damages as equal to the amount given here. If rent is not paid by the 10 evict/on papers will be posted unless other arrangements have been made. ' SECURITY DEPOSlT~%--Owners acknowledge receipt of six hundred dollars ($600.00) which includes a S00.00 pet deposit as a deposit to indemnif3, owners against damage to the property and fi)r Tenants' fulfilln~ent of the conditions of this lease. Deposit will be returned to Tenants thirty days after residence is x acated, il~' I. Lease term has expired or agreement has been terminated by both parties: and 2. All moneys due to Owners by Tenant has been paid: and 3. Residence is ilo damaged an~t is left in/ts original condition, normal wear and tear expected: and 4. There are no outstanding utility charges that Owners might be liable/bt such as water/sewer. 5. Tenant has not been.evicted for breach of any covenant of the lease agreement. - 6. Original keys have been returned and a written fonvarding street address is given. Te.nant acknowledges that he has approved and signed the "Condition and Inventory checklisC ~br any ex~stmg damages to residence and had been given the right to inspect same before moving in. Deposit inay be applied by Owners to satisfy all or part of Tenant's obligations and such act shall not prevent Owners/?om claiming damages in excess of the deposit. Tenant may not apply the deposit to any of the rent payment. · Within 31) days after Tenant has moved out comp}etely, Owners wi}l inspect the premises thoroughly and assess any damages and/or needed repairs. The deposit minus any necessary charges/bt dethults, repairs, cleaning, unpaid utilities, etc., ~vill then be returned to Tenant wit'h a written explanation of deductions, xx ithin thhty day.,s after termination of Lease Agreement, surrender of premises, or receipt of"lntent to Vacate" tk)rm: whichever occurs last. Cleaning charges xvill be assessed at a rate ors 10.00 per hour other than those specifically priced on the Move-out charges form. RENEWAL TERM--It is tile intent of both Parties that this lease is for a period o1'12 months and that thc last monlh's rent o£$0.00 w/Il apply only to the last month of the lease period. Should this lease be breached by the Tenant. both the last month's rent and the se~:uritv deposit shall be lbrfeited as liquidated damages and all moneys clue tbr the remainder of the lease are du~ and payable innnediately. IIIJEA('ll OF LEASE---Tenants break this lease it". · ( 1 ) flail to pay rent when it is due, or x (2) thii to pa), to Owner any other sum when it is due, or (3) move themselves or their possessions from tile premises before paying to Owner all chap,es due to the end of the Lease, or (4) lhil to move themselves and their possessions from the premises at the end (t/'t/ib/.urt~'c or (5) do an5' act which is not allowed in this Lease, or (6) fail to do any act which is required in this Lease, or (7) do any act on the premises which is against any local, state or federal law. 'l'cnant's initials and date .~TAL AGREEMENT-Page .3 of 9 :~on-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Owner cannot evict Tenan! (lbrce Tenant to move out) from the property without a x~itten notice. Tenant agrees that a written notice ol'F'lVFS DAYS is sufficient. This means that if Tenant has not moved from the Property before the ~ixth day after Oxvners have given Tenant Written notice, Owners can file a lawsuit to evict Tei'~ant. FENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT ¢)ther l,ease Violations: If Tenant breaks any other ten'n of this Lease, Owners must give Tenant written nolice describing !he violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem, Owners can then give Tenant FIVE DAYS' written notice to move from tile Property. IFTenant does not move out~ Owners can file a lawsuit to evict Tenant on the sixth day. TENANT IS ~,'Cs~iVING OR GIVING lip TENANT'S RIGHT TO LONGER NOTICES TO CORRECT PROBLEMS AND TO MOVE OI!T If 'l'en:tl~l Breaks I.ease for ally Reason, Owners may: !. (;et back possession of the Property by going to con~ to evict Tenant. 2 File a lawsuit against Tenant for all charges, including but not limited' to. rents and charges nol paid. fiw renls and charges tBr the rest of the Lease term, damages, filing fees, and two month's rent as additional liquidated damages. 'If Ownem win (gets a money judgment against Tenant}, Owners can use the court process to take Tenant's pemonal goods, furaitUre, motor vehicles, and money in bank and or fim~re ~ages and earnings. - 3 Keep Tenant's Secnrity Deposit and Last Monlhs Rent as liqnidated damages. EA RI .Y TERM IN ATION OF LEASE~Tenants may tem~inate this agreement beibre expiration of thc <~t-i~/nal term bx': I. Receiving Owner's wri~en pe~ission; plus -. Giving Owners at least one month's xwi~en notice to be eflbctive only on the last day oFa given , month: plus - ~. Paying ail moneys due through date oFtennmation; plus 4. Pavin- an amount equal to two month's rent; plus 5. Remrnin~ residence in a clean, ready-to-rent condition. 6. Tenant must pay tbr advertising necessan, to rent residence. I'TII.ITIES/SF. RViCES__Tenants agree to pay all utilities and services associated with this dwelling Including water and sewer associated with this dwelling with' m~ ccrc'ep/ion, v. Water/Sewer charges: Water/sewer charges are assessed quarterly, if tenants hhve not paid the water, sewer charges by the due date, Owner will pay the ctkrent water bill and send tenants an accounting of water;sewer charges due including a 10% administrativ~ service charge on the balance tbr this service. lleating aplmratus: Tenants are responsible fbr providing fi!el for the h, eating apparatus, furthemmrc, tenants agree not to allow the fuel supply iii the oil tank to go below the ¢, (one quarter) mark on the fuel gauge. If'the tank does not contain a fuel gaUge, tenants agree to check the fuel level and not allow it to belmx' a % (one quarter) tank. Tenants agree to pay for all service calls relating to clogged filel lines because they thiled to maintain a minimum of ¼ tank ofoil. Tenants also acknowledge that the fi~el tank was filled lull after they moved in (receipts are available filr verification) and they are responsible tbr filling tank pr/or to vacating premises (receipts must be provided tbr verification'). Tenants have prepaid $100.00 toxxard heating fhel and $00.00 toward water/sewer which will be applied'to the final xvater sewer bill and Fuel charges. Failure to fill ~e tank betbre vacating will result m a $20.00 adrninistrative service fcc to bc I'cnant's imtials and date ,qTA[, AGREEMENT--Page 4 of 9 .ssessed l'or this service in addition to the cost of any fuel less the $100.00 prepayment. Any excess prepayments may be applied towards the tenant's outstanding charges/tbes. The remaining balance w/Il be returned according to the policv regarding tenant's security deposits. ()CCI;PANTS--The number of occupants is limited to 2 adults, I child. Only the following persons may lix¢ in this dwelling: Duwavne G. Young, April Young, Mike Young No one else may live there, even tcmporaril.x, xx, ithout Owners' prior written permission. (;[!ESIS-- Tenant mav house any single guest l'or a maximum period of fourteen days even, six months or for whatever other period of time the law allows. Provided that they maintain a sepa;ate residence, nurses or maids required to care for Tenant during an illness are excepted from this provision. SI' BI,ETTIN(; AND ASSIGNMENT--Tenant shall not sublet the entire premises or any part o.f the prem!ses, nor shall they assign this Agreement to anyone else without first obtaining the Owners written pcrln~sston. Owners shall not withhold permission unreasonably. i'ETS--'l'enant may house no pet of any kind on the premises, even temporarily, without first obtaining ()xvncrs' written permission. "Pets" includes, but is not limited to, both wan'n- and cold-blooded animals, such as dogs, cats. fish, hamsters, rats, birds, snakes, lizards, and insects. "Pets" does not include anhnals trained to serve the handicapped, such as seeing-eye dogs, hearing dogs, or service dogs. These animals may be housed on the premises so long as they are in the direct service of those they were trained to serve and so long as Owners are notified in advance in writing of the circumstances. If tenant desires a pet, the5' should request a current Pet Policy from Owners which lists the deposit amounts, monthly rent increases and the f~et Agreement. This does not mean that Owners must allow Pets. PEiI' ~YAIVER--See pet agreement I,IQI: li)-FII,I~ILi) Fll RNITI. IRE--Tenant agrees not to keep any liquid-filled l'urniture in this dxvcllin~ ~ ithout lirst obtaining Owners' written perm/ss/on. ~ YEltlCLES--Tenant agrees to keep a maximum of vehicle on the premises. This vehicle must be both operable and currently licensed. Tenant agrees to park his vehicle in an assigned space and to keep that space clean ofoil drippings. Tenants agree to advise their vihtors about parking and to take responsibililv tbr where their visitors park. Only those motorcycles, which have exhaust muffling comparable to that oi'a passenger car, are allowed. Only those self-propelled recreational vehicles, which are used tbr reuular personal transportation, are allowed. Tenant agrees not to park boats, recreational trailers, utility ~'railcrs, and thc like on the premises without first obtaining Owner's' written permission. Tenant agrees m)t to repair his vehicle on the premises if such repairs will take longer than a single day unless thc vehicle is kept in an enclosed garage. - APPLIANCES--This dxvelling is rented without appliances. The above rental payment specifically I!XCI,L!DES all appliances of any kind! Such appliances as are in the property are there only at the convenience of the Landlord, who assumes no responsibility for their operation. Landlord agrees to remove appliances at the request of Tenant. TENANT INSPECTION--Tenants have inspected the d~velling and its contents and agree that they are in satislhctory order as are the electrical, plumbing, and heating systems. l'enant's initials and date jO'7 ,qTA[. ' ' AGREEMENT--Page 5 of 9 ~EAD HAZARDS DISCLOSURE REQUIREMENTS The Residential Lead-Based Paint Hazard' Reduction Act states that any landlord of property built befbre 1978 must give tenant and EPA pamphlet titled/'ro;c'c't >'om' l'~mnly/+om Lead In Your Home. The landlord also must tell the tenant what the l~andlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented. Landlord must tell the tenant how the Landlord knows that lead-based paint and lead-based paint hazards are and the condition of the painted surihces. Any landlord of a pre-1978 structure must also uive the tenant any records and reports that the landlord has or can get about lead-based paint or lead-base paint hazards ~n or around the property being rented, the common areas, or other dwellings in multi-fhmilv housing. The Act does not apply to housing built in 1978 or later. Lead Warning Statement Housin'g built before 1978 may contain lead-based paint. Lead from paint, paint-chips, and dust can pose health hazards in not take care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead- i~)~sed fill/It' hazards in tile dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. ()wners do not know of any lead based paint or lead-based paint hazards on the Property and have no reports or records about such. Owners and Tenants ceftin, by signing this Lease, that the mfbrrnation given ~s truc and to the best of knowledge. NOTIFICATION OF SERIOUS BUILDING PROBLEMS--Tenants agrees to notify the Owners. in xx riling, immediately upon first discovering any signs of serious building problems such as a crack in the foundation, a tilting porch, a crack m the plaster or stucco, moisture in the ce/ling, buckling sheet-rock or siding, a leak3., roof. a spongy floor a leaky water heater, or temqite activity REASONABLE TIME FOR REPAIRS--Upon being notified by Tenant that there is some building delL'ct xvhictl is hazardous to life, health, or safety., Owners shall undertake repairs as soon as possible. Should th~rc be a delay o/'more than seventy -two (72) hours in making the repairs, due to a d/ff/culty in schcdulin~ thc work or obtaining parts or for am, other reason beyond the Owners' control, Owners agree to keep Tenant infi:~rmed about tile progress ~)fthe work. XVI N DOWS--Except tbr those windows which are noted in writing as being cracked or broken when Tenant moves in, Tenants agrees to be responsible l-bt any windows which become cracked or broken in their dxvelling xvhile they live there. Tenants may repair the Windows themselves if they can do the work in a professional manner. Otherwise, they may hire a glazier Or submit a maintenance request to Owners. It' they submit a maintenance request, O~vners will charge them no more fbr the w6rk than the least expensive written bid for the work, which Tenants can obtain from a.profiessional glazier. k,~ DRAIN STOPPAGES--As of the date of this Agreement, Owners warrant that the dweilmg's sewage drains are in good working order and that they will accept the normal household waste fbr which tilex,' were desiuned. They xvill not accept things such as paper diapers, sanitary products, children's to 's, wads' ~' toile~' paper, ba'lls of hair, ~rease, oil. table scraps, clothim, ra,,s ~od,4 ,4: ..... ,. ~_ _ · 3 ~. t t ~ ~ o, o , o-,.u, u,,. tuck ot newsoapers. /enant aErccs Io pay for clearint~ the drains of any and all stoppages except those which the pltu~ber who's cai '- to clear the stoppage w/il attest in writing were caused b,; d,~h,-; ..... ~-.-,-: ......... ~ .. lcd j ,~.,.,.,,v~. F,u,~,om}~. tree roots or acts Ol Goo TRAStl--Tenant agrees to dispose of his ordinary household trash by placing it into a receptacle for periodic collection. They agree to dispose of their extraordinary household trash, such as Christmas trees. damaged {'umiture, broken appliances, and the like, by compacting it so that it will fit inside their trash receptacle or by hauling it t+/th.e ~lump themselves or by paying someone else to haul it away. Tenant's initials and date ~., y ,_5'-7~.c7¢9-- - .NTAi. AGReEMENT--Page 6 of 9 () I 'TS ! I) E PLA('E,~! E NT--Owners reserve the right to place dumpsters, trash receptacles, portable storage units and the like wherever convenient on the premises. Owners further reserve the right to construct property improvements above or below the ground am/xvhere on the premises so longs as they conlbrm to all building codes. ' - I)AMAGE-- Tenant agrees to Pa5' fbr repairs of all damage that they or their guests have caused l,O('K?,--Tenant agrees that they xvill not change the locks on any door or mailbox. Owners will provide new locks prior to moving in. If security is ever a question, Owners will provide new locks at the Tenant's written request. i,()('KOl!TS--Should Tenants lock himself out of his dwelling and be unable to gain access through his oxvn resources, he may call upon a professional locksmith or the Owner to let them in. In either case, he is responsible [br payment oFthe charges and/or damages revolved. Owners charge a fee oF$20.00 tbr providing this service between the hours of 8 am. and 6 p.m., Monday through Saturday, excepting holidays and a the of $40.00 at other times. This ~be is due and payable xvhen the service is provided. I,ANDS(?APING--Tenants agree to maintain the existing landscaping by watering, weeding, fbrtilizing. mowing and shaping it as necessary. Any new landscaping may be installed with the Owner's written p. crm ission. BI,:II,DING MAINTENANCE-- In addition ali common areas are tbr the enjoyment of all tenants: thcrefi.,re, all tenants are required to clean up after themselves and dispose of all personal trash. Cigarette butts arc not to be disposed of anywhere on the premises except in appropriate receptacles. Anything ~enants can do to help maintain the premises and keep it tree of debris would be greatly appreciated. Tenant ~x ilt be responsible for any snowy or ice accumulated on sidewalks or porches. ..~,I. Jl'I':RATIONS, DECORATIONS, AND REPAIRS--Except as provided by lax,,', Tenant agrees not to alter or decorate their dwelling xvithout lirst obtaining Owners' written permission. Decorations include painting and wallpapering Further, Tenant agrees not to repair their dwelling or anything belonging to thc ( hvncrs without first obtaining Owners' xvritten permission unless such repairs cost less than one hundred dollars 45100), and Tenant agrees to pay for them. Tenant shall hold Owners harmless lbr any mechanics liens or proceedings which Tenant causes. When approved by Owners, Tenant's plans for alterations and decorations shall bear a detem~ination regarding ownership. If Tenant is able to convince Owners that Tcnanl can remove the alterations or decorations and restore that part' of their dwelling to/ts original condition, then Owners may brant Tenant the right to remove them. Otherwise, any alterations or decorations made by Tenant become the property of Owners when Tenant vacates. PAINTING--Owners reserve the right to determine when the dwelling xvill be painted unless there is any law to the contrary. ACCESS--Owners recognize that Tenants have a right to privacy and wish to observe that right ' scrupulously. At certain times, however, Owners, their employees, or agents may have to gain access to the l'cnam's dwelling for purposes ofshoxving it to prospective Tenants, purchasers~ lenders, or others or lbr repairs, inspection or maintenance. When seeking access under ordinary circumstances, Oxvners will schedule entry between the hours of 8 A.M. and 8 P.M., Monday through Saturday, excepting holidays, and Owner¢ will provide Tenant~teas?]nable notice of twenty-four h(~trrs, or less than twenty-four hours ,,;ucc Tenants initials and date ]~1 7 ~°Qg't:Y~q~" ' .NTAL AGREEMENT--Page 7 of 9 ,vith Tenant's concurrence. In emergencies, there will be no notice. ! EA(.E AND QI~IE i --"I chants are entitled to the qmet enJoyment of their own du, ellino ' "'2 · · ' ' ' .' ~. and their nc~.hbors ,ire enntled to the same. Tenant agrees that thev will refrain t?om making loud noises and disturbances, that they will keep down the volume ofthei~ music and broadcast programs at all times so as not ~o disturb other people's peace and quiet, and that they will not install wind chimes. I'I':IA':PII()NE--If and when Tenant installs a telephone in their dwelling, the3, will furnish Owners with the number within five calendar days. When divulging the number, Tenant shall advise O~vners whether the number is listed or unlisted. If it is unlisted, Owners agree to take reasonable precautions to keep it from riffling into the hands of third parties. i'ROI.ONGI:~I) ABSENCES--Tenant agrees that they will notify Owners whenever they plan to be absent ti'om their dwelling For more than ten days. - BI!SINESS I. ISE--Tenant agrees to use this dwelling as their personal residence. They agree to conduct no business on the premises without first obtaining Owners' written permission LA~VF! ;L liSE--Tenant agrees that they will not themselves engage in any illegal activities on the premises nor will they allow others to engage in any illegal activities on the premises insofar as they have the power to stop such activities. . INSI'RANCE--Owners have obtained insurance to cover fire damage to the building itself and 1/ability insuranc,'e to cover certain personal injuries occurring as a result of pror~ertv defects or ow ~, ,, ()~'ncrs insurance docs not ,',~,,,~ T,~,~ ........ · .,. . _. ~ ncr negligence. ,. , ~ _ ~ ..... ,.-mn~ possessions or lenant's ne,h ,ence Tenanl . -~, ,, , cncoura,.2eo to DUrCllase a ]'enant'q h,~,,,. ...... ,. - - g g ' S die stron~13 .............. a,c¢ poncy tO cover damage or loss of their own possessions, as xxeII as losses resulting l?om Tenant's negligence. INSI.'RANCE ('ONSIDERATIONS--Tenants agree that they w/Il do nothing to the premises nor keep anything on thc premises which will result in an increase in the Owners' insurance policy or an endangering oFthe premises. Neither will they allow anyone else to do so. !:i lie OR CAS UALTY DAMAGE--During any time when the dxvellmg cannot be used because of' tire or casualty damage, Tenant is not responsible tbr payment of rent. Should a portion of the dwelling become unusable due to fire or casualty damage, Tenant is not responsible tbr payment of rent on that pollio~l. In · . . either case, Owners reserve the right to decide whether the dwelhng is usable and what portions are usable. ()xvncrs are not responsible for repainng or replacing any i~nprovements made by Tenant if those improvements are damaged. Should the fire or casualty damage have been cased by Tenant's own action or neglect, the3, shall not be relieved o£the responsibility for payment of rent, and they shall a/so bear the Full responsibility for repair of the damage. R! :I.ES AND REGIILATIONS-,Owners' existing rules and regulations, if any, shall be si,,2ned by Tenant. attached to this Agreement. and incorporated into it. Owners may adopt other Jules and reg~lation~s at a Idler time provided that they have a legit/mate purpose, not modil¥ Tenant's rights substantially, and not become cfliectix e without notice of at least two (2) weeks. · SEI,I~'I('E OF PRO('ESS--Every Tenant who signs this Agreement agrees to be tile agent oF tile other enant,s and occupants ol t~ts d)y~lling,.~_nd is both authorized and required to accept, on behall'of the other 'Fcnant s initials and date _NTAL AGREEMENT--Page 8 of 9 t-cnants and occupants, service of summons and other notices relative to tenancy. CltANGES IN TERMS OF TENANCY--Owners shall advise Tenant of any changes in terms of tenancy w/th advance notice of at least 30 days. Changes include notices of termination, rent adiustments, or othe; reasonable changes in the terms of this Agreement. ' NOTICE OF INTENTION TO VACATE--When Tenant has decided to vacate the premises, they w/Il mx'e Owners written notice of their intentions at least 30 days prior to their departure, and they will give the exact date when they expect to be moved out completely. Owners may at their option deduct a the of S.:_::,.00 fi'om security deposits for notices of less than 30 days, as allowable by law. Tenant is responsible for removing all property at the termination of the lease or upon vacating premises. Any property rernaining on the premises 10 business days alter vacancy w/Il be considered abandoned and disposed of by landlord as hc sees fit. Landlord may at his discretion charge a tee for removal of said property not to exceed S I50.00. x~hich will be deducted fi'om the secur/ty deposit if applicable or charged to the tenant. ABANDONMENT--Tenant is responsible [br removing all property at the term/nation of the lease or upon vacating premises. Any property remaining after 5 business days after vacancy will be considered abandoned and disposed of by owner as he sees fit; unless, alternative arrangements are made pr/or to xacating ~ '~ . pr~ Ill 1 SeS. IIOI.DING OVER--If Tenant remains on the premises l'bllowing the date of their termination of tenancy, they are "holding over" and becorne liable for "rental damages" equaling one/thirtieth of the amount oftl~eir then current monthly rent tbr every day they hold over. I~OSSESSION--Owners shall endeavor to deliver possession to Tenant by the commencement date of this Agreement. Should Owners be unable to do so, they shall not be held liable for any damages Tenant suffers as ~ consequence, nor shall this Agreement be considered void unless Owners are unable to deliver possession within ten (10) days following the commencement date. Tenant's responsibility to pay rem shall begin when they receive possess/on. I.EGAI~ OBLi(;ATIONS--Tenant hereby acknowledges that they have a le.,al obi', ' , '.., tm t~me each and every month reeardless of ...... ~---- -~-,-- -.,..- g . ~gat~on to pa3 the~ rent -, ~ ,.,ny ut.m uems or responsmllltles tile that they w/Il bc fully liable f ,, ho,.t. ,-~, ..... : .-,~ ,. , . y may have. They agree - ' .' ' or all., .... K ,~,t mvcu. /ney also acknowledge that delhulting on this Rental Agreement could result in a judgment being filed against them and a lien being filed against their current and future assets and/or earnings. Violation of any part of this Agreement or nonpayment of rent when due shall be cause (br eviction under appropriate section of the applicable code. .SALE OF TIlE DWELLING--If Owners sell this dwelling or otherwise transfer its Ownership to another parl)', they shall have the right to terminate this Agreement by giving Tenant written not/ce o/'at least sixty days. notwithstanding any conflicting occupancy rights Tenants might have under a fixed term aureement. Should Tenant have conflicting occupancy rights guaranteed them by law, however, those legal r/ghts shaft prexail. li~i,EGAL PROVISIONS NOT AFFECTING LEGAL PROVISIONS--Whatever item in this Agreement is' tbund to be contrary to any local, state, or tbderal law shall be considered null and void. just o.s il' it had never appeared in the Agreement and it shall not affect the validity of any other item in the Agreement. ' ' 'l'enant's initials and date ~~~_S- ~~~~-. ~EN'FAL AGREEMENT--Page 9 of 9 NON-WAIVER--Should either Owners or Tenant waive their right to entbrce any breach of this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although Owners may know when accepting rent that Tenants are violating one or more of this Agn'eement's conditions. Owners in accepting the rent are in no way waiving their rights to entbrce the breach. Ne/ther Owners nor Tenants shall have xvaived their rights to entbrce any breach unless they ak, tee to a waiver writing. . ~ RF. FERENCES IN WORDING--Plural references made to the parties involved in this Agree,ment may also be singular, and singular retbrences may be plural. These references also apply to Owners and Tenants' heirs, executors, administrators, or successors, as the case may be. JOINT AND SEVERAL LIABILITY--Tenants understand and agree that this Lease Agreement and all of its provisions may be en~brced against all Tenants who sign it. Owners may inconsistently and selectively entbrce any part or the entire Lease Agreement against any Tenant~mdMdualiv o~' against any combination of Tenants together. E NTi RE AG RE E M ENT--As written, this Agreement constitutes the entire agreement between the Tenanl and t)x~.ncrs. The_,,,' have made no further promises of any kind to one another, nor have they reached any other understandings, either verbal or written. TRIAL Bh' J U DGE--Should any aspect of this Agreement or tenancy be litigated in civil court. Owners and Tenant agree to waive their rights to a trial by jury and have the matter tried by a judge. ATTORNEY'S FEES--If either party to this Agreement shall bring a cause of action against tile other party for entbrcemcnt of the Agreement, the prevailing party shall retain the right to recover any reasonable attorney's t;ees involved ACKNOWLE DGM ENT--Tenant hereby acknowledges tl~at he has read this Agreement, understands it, Date Date Tenant's initials and dale 3t ~//~ CERTIFICATE OF SERVICE AND NOW, this ~,.~/~day of April, 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Duwayne G. Young April Young 15 South Prince Street Shippensburg, PA 17257 By: CALDWELL & KEARNS CLIFTON D. VAN SCYOC, Plaintiff, VS. DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1407 CIVIL CIVIL ACTION LAW (IN EJECTMENT) APPLICATION TO TERMINATE SUPERSEDEAS AND TO DIRECT PAYMENT OF DEPOSIT OF RENTAL TO PLAINTIFF AND NOW COMES, Clifton D. Van Scyoc, Plaintiff in the above civil action, by and through his attorney, Carl G. Wass, Esquire, Caldwell & Kearns, P.C. and makes Application to your Honorable Court to terminate the Supersedeas heretofore issued in the within civil action on March 28, 2003, and to direct payment by the Prothonotary of the deposit of rental to the Plaintiff, and, in support thereof, avers the following: 1. Pursuant to the provisions of Pa. R.C.P.D.J. No. 1002 and 1008(B), the Defendants initiated the within civil action by the filing of an appeal from a judgment rendered by District Justice Harold E. Bender. 2. On the same date, March 28, 2003, the Defendants did deposit with the Prothonotary the sum of $874.20, the sum necessary to be deposited in order to secure a supersedeas as to the judgment for possession, whereupon, the Prothonotary did enter the Notice of Supersedeas. 3. As required by Pa. R.C.P.D.J. No. 1004, the Plaintiff did file a Complaint in Ejectment in the within civil action on April 15, 2003. No pleading of any sort has been filed with regard to the said Complaint. 4. The Defendants have failed to comply with the provisions of Pa. R.C.P.D.J. No. 1008.B. in that they have failed to make any additional rental deposit within 30 days following the date of the appeal, to wit: Defendants failed to make the required rental deposit of $818.95 on or before April 28, 2003. 5. Attached hereto, identified as Exhibit "A", and incorporated herein by reference, is a time-stamped, computer print-out from the office of the Cumberland County Prothonotary, dated April 29, 2003, which reflects no docket entries having been made and no escrow payments having been made subsequent to the filing of the Plaintiff's Complaint on April 15, 2003, and the initial rental escrow deposit of March 28, 2003. WHEREFORE, Plaintiff prays your Honorable Court enter an order terminating the Supersedeas and directing the payment of the rental escrow money to the Plaintiff. Date: May t Z.., 2003 By: Respectfully submitted, Carl G. Wass,~,quire Attorney I. D. # 07268 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Clifton D. Van Scyoc O O o~o o o L) ! ~0 ~0 0 0 i=,. ~&V~ 2003-01407 V~NSCYOC CLIFTON (vs} ReEereHc~ N~ Case Tvoe ..... : APPEAL - DJ qu~gmeh% ...... 00 duage Assigned: ' Disposed Desc.: case inqumry YOUNG DUWAYNE ET AL Filed ........ : Time ......... : Execution Date '"3/2872003 8 '36 o/oo/o6oo ry Tr%al.:.. · sposed Dace. 0/00/0000 Case Comments Higher Crt ~.: Higher Crt 2.: ********************************************************************************* General Index VANSCYOC CLIFTON PLAINTIFF 161 SPRINGFIELD RD SHIPPENSBURG PA 17257 YOUNG DUWAYNE DEFENDANT 15 S PRINCE ST SHIPPENSBURG PA 17257 YOUNG APRIL 15 S PRINCE ST DEFENDANT SHIPPENSBURG PA 17257 Attorney Info * Date Entries * ************************~*******************~*~**~*~****************~*********** FIRST ENTRY 3/28/2003 APPEAL FROM DISTRICT JUSTICE JUDGMENT 3/28/2003 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE 3/28/2003 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT 4/15/2003 COMPLAINT - ACTION IN EJECTMEN~---~-~-~-~SS ESQ FOR PLFF LAST ENTRY *****************************************~****~*~*~*****~*********************** * _ Escrow Infor~.ation . * Fees & Debits ~eg Bal Pymts/Adj End Bal . ********~**************~********~***~****~*****~****************************~** APPEAL D.J. 35 00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.'00 .00 AUTOMATION FEE 5 00 . JCP FEE - 5 00 .00 RENT 10.00 10.00 .00 818.95 818.95 .00 874.20 874.20 .00 End of Case Information ~*******************************************~******~***~*~*~*~*~**************** COPY CLIFTON D. VAN SCYOC, Plaintiff VS. DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-1407 CIVIL IN RE: APPLICATION TO TERMINATE SUPERSEDEAS AND DIRECT PAYMENT OF DEPOSIT OF RENTAL TO PLAINTIFF ORDER AND NOW, this ,~ o ~ day of May, 2003, a role is issued on the defendants to show cause why the relief requested in the within application ought not to be granted. This role returnable fifteen (15) days after service. BY THE COURT, . Hess, J. I'FtUF~COPY FROM R~.ECOR~,D tn Testimon'y,~hemof, I~em-~fiet m~, ~no ~n~ tim seal ~oml at Calisle, Pa this ~ ~y ~_ ~ ' ~~arv -- i:iii: ii,::, ;.:i' CLIFTON D. VAN SCYOC, Plaintiff, VS. DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1407 CIVIL : CIVIL ACTION - LAW (IN EJECTMENT) MOTION TO MAKE RULE ABSOLUTF AND NOW, comes Carl G. Wass, Esquire, Attorney for the Plaintiff, Clifton D. Van Scyoc, and moves your Honorable Court to make absolute the Rule heretofore issued by your Honorable Court on May 20, 2003, and in support thereof, sets forth the following: 1. On May 20, 2003, your Honorable Court issued a Rule on the Defendants to Show Cause why the relief requested in Plaintiff's Application to Terminate Supersedeas ought not to be granted, further providing that the Rule was returnable 15 days after service. 2. On May 23, 2003, the undersigned, by means of the U.S. Postal Service, First Class Mail, directed a letter to the Defendants, enclosing a copy of the Rule to Show Cause dated May 20, 2003, as well as a copy of thE; Application to Terminate Supersedeas which had been filed by the Plaintiff. A copy of the cover letter is attached to this Motion, identified as Exhibit "A", and incorporated herein by reference. 3. No action has been taken by the Defendants, and no response has been filed to the Rule or the aforementioned Application. In point of fact, the real estate which is the underlying subject of the within appeal, has been determined by the Plaintiff on personal inspection to have been vacated by the Defendants. WHEREFORE, it is respectfully prayed that your Honorable Court make absolute the Rule heretofore issued on May 20, 2003, and terminate the Supersedeas as well as direct the payment of deposited escrow money to the Plaintiff. Date:~v~L_ ~ I Respectfully submitted, Carl G. Was,,-, E~quire Attorney I. D. # 07268 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Clifton D. Van Scyoc 03278/58175 CALDWELL & KEARNS ATTORNEYS AT LAW 363J NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1711C~-I533 May 23, 2003 OF COUNSEL RICHARD L, KEARNS CARL G. WAS5 t hefiml~caldwelfkea rns.com Mr. And Mrs. (April) Duwayne G. Young 15 South Prince Street Shippensburg, PA 17257 RE: Clifton D. Van Scyoc v. Duwayne G. Young and April Young Cumberland County Court of Common Pleas No. 03-1407 CIVIL Dear Mr. and Mrs. Young: Enclosed herewith is a copy of the Order of Judge Hess, dated May 20, 2003, which is in the form of a "Rule to Show Cause". Attached to the order is a copy of the "Application to Terminate Supersedeas and To Direct Payment of Deposit of Rental to Plaintiff" which the undersigned filed on behalf of Mr. Van Scyoc on May 14, 2003. The Order provides that you have 15 days within which to file written reasons with the Court why the request set forth in the five paragraphs of the Application should not be granted. CGW:se encs. cc: Clifton D. Van Scyoc Cad G. Wass CALDWELL & KEARNS EXHIBIT A 1 2003 CLIFTON D. VAN SCYOC, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1407 CIVIL VS. DUWAYNE G. YOUNG and APRIL YOUNG, his wife, Defendants. : CIVIL ACTION .- LAW (IN EJECTMENT ORDER ANDNOW, this /.~'dayof v~'-'- _,2003~'~.~1~i ........... -ldrevlew of the within Motion and the underlying Application t I"1¢0.5,- a'c-~k3°r' and after 15 days from the mail date of a copy of the Ru on May 20, 2003, it is hereby ORDERED and DEC~ 1. The Supersedeas entered on March 28, 2003 in the within civil action is hereby terminated, and the Prothonotary is directed to provide notice of such termination to Harold E. Bender, District Justice, Magisterial District 09-3-01; and, 2. The Prothonotary is directed to pay over to the Plaintiff, Clifton D. Van Scyoc, the rental and cost deposit presently held in the escrow account of the Prothonotary, in the sum of $874.20. /¢'~ ~ BY THE COURT, 11001106192003 Cumberland County Prothonotary's Office Pa~e 1 PYS405 Manual Release Check Re~'lster 6/12/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release .......................................3844 VAN SCYOC CLIFTON D &[gL[-J[[g]-6~2{~2~$6~ &hgL o 1353 RENT 2003- 01407 PYMT/CASH 818.95 3/28/2003 Payee total: 818.95 Grand total: 818.95