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Home My WebLink About00-06474 ,,"~, 1'~; ~ /< lliIiii'h COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.Oo-6474 CIVIL TEllM NOTICE OF APPEAL Notice is given that the appellant has filed in the above Cou,t af Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentianed below. ~ - 'fl. '~.ctG .....LlANT ~1 &:s\ DATE OF T <6-26C0 NO. aTY ' n\~e O::rfl\\mn ~ ~ SlGNATUJl:E OF APPELlANT IMAGOQ~~D\ ~TE rn l500E f\\@ Loc.t~ (Defendant) "f'Ct~'Sa 'l:l~ '"'t- HIS ATTORNEY OR. AGENT CV 19. c:ct::::f:) l '3 ~C:O LT 19 This block will be sig,.,q ONLY when this notation is required under Po. R.C.PJ.P.No. 10088. This Notice of Appeal, when received by the Dist,ict Justice, will operote as 0 SUPERSEDEAS ta the i<!d9ment for possession in this case. ~ Signature of Prothonotary 01 Deputy If appellant was CLAIMANT (see Pa. R.CP.JP. 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 form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary _ Enlet rule upon CbL\tqt ~\\t (bm\'\'()'(\) Name of appeflee(s) 00-6474 CIVIL TERM 1001 (7) in action before District Justice. ,appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pro~ -------Otlo~ Signa~Of his attomey Of agent RULE: To (t)\. \lq' ~\'l It)\'iI\'f'O'() \, appellee(s). NBme of awe/Joe(s I (1) You are notified that a rule is hereby entered upon yau 10 file a complaint in this appeal within twenty (20) days aflet the date of service of this rule upon you by personol service or by certified or registered mail. (2) ~ you dQriot fi~ a ~plaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. . . . Date: :he :: of~ice. of this ,ule if service was by mail is the date of mailing. 4.J...-d ~ JI1 . ~... \ . . ._. 6 / ~_.~.- N:JPC 31;2-84 COURT FILE TO BE FILED WITH PROTHONOTARY I ......,....'..bah~tmWI:_,.~il!l]li~~"--~-m:r...."""-~-;;jji!i[,l'lk:>f1!itn"" ~i0'. ":='f]7' l~'~ I 'iIlT} '-" j t Jl,IU)\ nlil _ La] ---IIl'!iI~l$tii""'" , '~""':t PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; tiS AfFIDAVIT: I h€,reby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date ot service) 0 by personal service 0 by (certified) (registered) mail, sender's receipt allached hereto, and upon lhe appellee, (name) , on , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, o and furtherthatl served the Ruie 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 DAYOF___, 19_ Signature Signa.ture of official before wilom affidavit was msoe Title of offjcial My commission expires on llL-..-. ....c) J.' t::? 1 E' ~ ~ ~~ ~r"g tti"~:b ~ ~ ~~ ~ ~c r p. }frf ~2~ ~, ~ \ *t ~ ~ > t ~ 8 :'tJ.ti; rtin. ~pi CD..... c<..;,: ~C5 l8 j o <::> v.. I"'l -0 '" r\;) .~'f '1'- i'h t~lJ '\',jf!1 ;1<'0 :'::'j,(.L) ,;~,:f1' :2:0 om 35 -< (~ "'tl ~ /\,) .. /\,) .c:- , ,e" ~" - ~" . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl. No.: 09-3-01 OJ Name: Hon. HAROLD E. BENDER Add",,, 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T"'phOO", (717) 532-7676 17257-0361 ADESSA SEITZ 1017 MARRIET ST CARLISLE, PA 17013 - -- ~--_.., ~~".~ .. ,..,' - NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'coLLEGE PARK COMMONS I 18 COLLEGE PARK KEVIN KILLEN, MANAGER ~HIPPENSBURG, PA 17257 -.J VS. DEFENDANT: NAME and ADDRESS 'sEITZ, ADESSA, ET AL. 1017 MARRIET ST CARLISLE, PA 17013 L Docket No.: CV- 0000153 - 00 Date Filed: 7/14/00 I -.J TH!S IS TO NOTIFY YOU THAT: Judgment: FOR PI.AINTIFF [!] Judgment was entered for: (Name) f'nT.T.RnR Pl\~R' f'nMM'nl\Tl'l [!] Judgment was entered against: (Name) l'lRTT7. AnRl'll'lA in the amount of $ 6,l20 20 on: D Defendants are jointly and severally liable. D Damages will be assessed on: D Thiscase dismissed without prejudice. D Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ D D Levy is stayed for days or D generally stayed. Objection to levy has been flied and hearing, will be held: (Date of Judgment) 1'1122/00 (Date & Time) Amount of Judgment $ 6.168.50 JUdgment Costs $ 151.70 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6.320.20 PDSt Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ - - -~ ._~ ~ ~ ----- - ~ ._~.- Date: Place: Time: ~'\~.~ '. -'"." ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. '".'i. lit!! ~ , Vj!J ~Cbate , District Justice Date I certify that this is a true and correct copy of the record of the proceedings containing the judgment. .~ , District Justice My commission expires first Monday of January, AOPC 315.99 2006 SEAL ". "',. . l! ~ ,~ ' 6"[&' -.;,; ,'- --1l18il!lli~~ft~li1n' - -' . . '. "'~_""' ,_~J"",,,,,,^ - ~. ";",..,ll";',;;.: ~i~~Uli'@f"''-"'" 1( '.''':~~'''"'''''''lIlI_ ~ ...... _..~ ~ ,'- """" . _:......1'.1. I' " n' 1';1 , ! I t' I ! , , II ! I , "~ ('") 0 n c" c :::> 'n ~ ~ ~ r/) I v(D f"I'1 T; nlfT: ""0 , ~ Z::rJ , z:c: '" ~ ~-~ s:: W",,": 1'0 ~ -=<L, tl~ "-J '-, ~C:J -U C> ~q :J(" ~ 1 -. ~ )>8 r::" OfT! --j ~ Z !'V )c> =< ::0 .r. -< 11 ~ ~ ~ --\ \ -<, .'."" "~ " ':::::::~r::::~~~!!~G~~~~~)~~bi.(E." .) <:,~.;.,:.,),'.",'...,'..,.,.~:~:tr:'-"'" ,_"\" ~:'.; , JUDICI~L DISTRICT COI'A_N~l'ASN..~14 crvn..... '.' '1'IlII." ..... .' , . COURT OFCOMlt,ON ~ll"'S . . '. , FRpM DISTRICT JVSTltJ'JUDGMENr ,) NOrICE:OFAPPfAL ~\ \bJIt CV I\1CCC:::O \'? ~()() LT 19 This I!lock will be ~gl)ed bN~Y when Ihi'hotOlion is required under PC1'~;C,P.J:P;Nci. 10088. '. " ',. " Thist:'lolice of Appeal,. when receiVed by the. Disl,ict . Juslice.. will. 'operale ,,,'.a SUPERSEDEAS to the .judgment .for possession in this case. . OTV ~ CQ\ l\~e CbmrrCI\1\ '" SIGNATURE Of APPaL:ANT I MAGoCf~'~D\ -iC(TE \"10 r~OOE _ (Defendant,} ft\t\~a' 'fl1C ,,:"\.'~\\'O loct~ R HIS A TORNEY OR AGENT. . ~ l1ignature at Prothonotary or' Deput.y 1t1iPPe11M! was CLAIMANT.( see 'P;J. R.C'p'JP. No. 1001 (6) in a.ctionbefofe District Jut;tice, .he MUST FILe ACOMPLAINT withlntwenty(2()) days after 'filing his NOTiCe of APPeAL. ARAECIPETGEN1'ERIJULE rOFILI COMPlAINiANl:)I'(UL! TO fIL.E (This sectionorto/W~~~~;ONLYWhenapp$lIantwas DEFENDA;'r(sef!h..'~.~,P.~,P. NO.l00;(~) in action before District Justice, IF NOT usiO,.t/,~rr'tf:~/~Of notice btappealtobe setveduPon.3/JPellee). ' <, " ()~~'. ",., '"r:.r\. , '<: PRAEeIP~:to Prot~jdry " '. :,' ,; ,. .(b....l;:..'!@lt'. , ,~, .' ~ . E~ter fv16 up""" .,', "'.. :, . ~~ ,I, , ! ,.'.: >-..~; Name. o(appel/ee(s) . . ..0Q:..6414 CIVIL '1'B6M . (Cori1mon~Ql;~.. .' ....... .' '" . , i. ' _ -'. ,.~'.' \Dr$ CbroNXJ0~ , appellee(s), to file acomplai?t in this appeal ) within tweI1ty (20) days af1er service af rule or suffer ent,y at judgment of I)OI1pro~ ()J-~.'.~ . . . ...' Signature?'. . Or hiS atromey 01 agent _.'C' "''',.-..- 1 RULE: To '(t)\\et'1\::'~\, t. Co\'fY\{'O$\:appel~(~I. Name ot appe!fije(s) . .' i (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 dale of service of this rule upon you by pers~al service Or by certified or registered mail (2)11 Date: . . t within this time, a JUDGMENT. Of NONPROS WILL8E ENTERED AGAINST YOU. .' ~ (3)~,..........f~.':.~;:.~....t~iS~\.'~.,;-'" _ ~.......... ~ j. . ~," , ,I,: I _ i.~ ~",,"" '~'" ,<, ,,,,.,,!- ,} &it(~'22 .~ '~"""~ ",tt.tJ. ;.,t . !'c';~:);~:,::"r,~~~ .' / / /).' ". ~.~.'w.""',.,.. .7:'5': . \... :'?t:t:~~:~,., .~', ,~.~~ (::, ."./~~~::~J! ' '1 :,'l'"'," -:.' ~. <".~" jJ I, "'".~", . ......f!S..., ...,. ; ..., .'t, ' ;, ,.""\~.,,,.... ~ "'Ie . .-" I' :~, N'l', ,. .!...-'~-" ,-' _,.~,,'" '1: ",'. .tt .'.' . "", '.".' \.<-.. , '........,,1. '" ...".,.,,,,. "1~""'> "" %""" . .1,. '''''''''"....~, ,,^.,,,,(',.C' . dJ. .1~~ ~.' .' .... \ / Signature. of 01 0lf"Y PDPC 312-84 CO.URTFILE ','.'...;..' -" J""-'-'" .~ --,~ ~,.- ~ ("") &; rRm ztD z;:3d 0>> ~L ~e ~8 :>c: w Z:' =< :.-, ~ PROOF ()F SERVICE OF NOTICE OF APPEAL AND RUl.E TO FilE COM~LAmT C Q en ,." ...,. tv;, N ~ Q '. "'" ::\:: si~ 6+i 2r~ r-.-::'fi-'1 (This proof of service MUST BE. FILE.D WITHIN TEN (10) DAYS AFTER filing the notice ol.ppeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (1.p~~.0b!~ AFFIDA YIT: i hereby swear or affirm that I served )2t a copy of the Notice of Appeai, Common Pleas No, ~,., ~<{?-<{ , upon the Dist,ij;.!....lujil!ce designated therein on (date of service) ~G:M.~ ~ ""2.. '2.~c6 ,0 by personal service J)( b~.~rtifled). (registered) mail, sender's receipt attached hereto, and upon the appellee, (n8me) 6>k~""""'" <to ~"'" Wt...cdYL ,-ll,iL. , on ~~~l '"2;.<.. , -t.@:.n~~ 0 by personal sarl/ice'P?f by .@.e~titi~ (registered) mall, sender's receipt attached hereto" 1f.. and furthertnat I served the Rule to File a Complaint accompanying the above Notice of A9peal upon the.~e~(S) to whom the Rule was addressed on --..::2,~PlEtv..1S~ "2&.- ,.49~ 0 by personal serviceR by--(certiiied}.(registered) mail, sender'S receipt attached here-to. '--._~ .' SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME , THIS @1J7t .DAYOF~,r.I?-6lQt)() ~l.sJ~ \ &~ ~ (0. ~>.~!gna1Ur@Olalfiant ~ Sig."!<? , of oWeia! py.nWh m afl'J.Ciavi! WM mild.;! ;4$ .t' My ";'(lmml~<'l<:"Jl1 ~wpires C~l ,~9_ Notarfal Seal Kara E. Moore, NoIalY PUbUc Ca~lsle Bora. Cumbttrfahd County My Commission "'fires. Feb. 23, 2004 . ,.." ru =r =r =r ,.." =r =r . ~ Cl c r-=I Postagfl m l"""'-' CertifledFe~ Cl ,.." m r'- Postag", S CertifiedFea .'~ r'- - Relurn Receipt Fee" < ru (Endorsement Raquired) '? CJ -- Restricted DeliveryFee' \i_ Cl (EndorSell1l,mt Required) , : Postmark H'rn ~ (End~r;~U:e~e~~~iie~) CJ Restncted Delivery Fee CJ (Endorsemoot !%Gum) I CJ CJ CJ ,.... CJ CJ ..D E::J Recipient's Name (Please Pnnt Clearltt(to be.compli:}teo by mailer) ~".:'nJ:l"E()~.c1..E..:m~"~.C1,,E:n':n:n.mm.mnnmn'mnnnm."; Street, Apt. No.; or PO 80)( No. Sl Halnut Bottom Rd. P. O. Box .36'1 ' .atY,=stat-;;:'ijp+4u.nnnn-n...uE....n..."---n------...-.-n..nn..~n_.~--..n_-1 Shippensburg, PA 17257-0361 CJ CJ ~ Recipient's Name (PI~se PrInt ClearJy) (to be completed by mailer} ggJ;J,."g~...p..a.!:k..g9.!1]!!1.9.n~S...gl.Q...K~.Y.;i,!)mK:j..U!'m.L. CJ Street, Apt. No.; crFO Box No. Mgr ~ lJ?...ggJJ..~g.~~.?..~~l<:.mm~n......_m.m~m_....__________nm.~_~m City. Stste,ZlP+4 ,.... Shippensburg, PA 17257 ~. '."i illl- ..!.. ;.!,I;, ~.! I. ... ....... ....,.....:,:~::;:~.:~:~:?,:~'.~::li:~~E~~~~.~..;,.I.'[~,!i:'i..:=Io!!'.i~l.1JJ::.I!'t'!fi,~l ~"!.! ... 'J!,L,., .,.~.., ~'~1.!-,~." 1,"L"",,~:.~:-:;:.'"":-:;:.;:.:;:.:;:.:;:.:;:':O"'\!i*:O':;:.:;:.:;:':;:;;:.:O""~ '",\!!.~2.~,\~::i:;.'~,. ,..,,;.,.i;,..!.i'J;!oo1!l-fl~~ ." -- ,.., ~ 'c'_ - ,', ~ _ __'~ 0 v,' ~, - <::, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA College Park Commons, Plaintiff, ) ) ) ) ) ) ) Civil Term 00-6474 Civil Action - Law vs. Adessa Seitz and Jenina L. Locke, 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 the court YOUT 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 931267_LDOC ,;-- ,"- "",';, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA College Park CommoTIB, Plaintiff, ) ) ) ) ) ) ) Civil Term 00-6474 Civil Action - Law vs, Adessa Seitz and Jenina L. Locke, Defendants, COMPLAINT And now comes the Plaintiff, College Park Commons, by and through its attorney, Barley, Snyder, Senft & Cohen, LLC, and makes a complaint against Defendants, Adessa Seitz and Jenina L. Locke, for the reasons herein set forth: 1. Plaintiff, College Park Commons, is a Pennsylvania corporation with a principal place of business of 18 College Park Commons, North Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Adessa Seitz is an adult individual, residing at 137 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Jenina L. Locke is an adult individual, residing at 1131 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Pursuant to a written lease agreement, dated April 16, 1999, a copy of which is attached hereto as Exhibit "A" and made a part hereof ("Lease "), Plaintiff leased to Defendants the apartment which is known as Apartment 32, College Park Commons, Shippensburg, Cumberland County, Pennsylvania ("Apartment") for a period of one year commencing on May 16, 1999 for an aggregate rent of $7,164.00. 5. Pursuant to the Rent Payment Schedule set forth on the first page of the lease, the sum of $100.00 was due at the time the lease was signed; $1,791.00 was due on May 1, 1999; $1,791.00 was due August 1, 1999; $1,791.00 was due November 1, 1999; and $1,791 .00 was due February 1, 2000. 931267_LDOC " ~= - - - ~" ..,"...;.' ,,"'r.. "0 ~}"";' -- -~~"~ . 6. Pursuant to the terms of the lease, Defendant Adessa Seitz made a payment to Plaintiff of $100.00 at or around the time of the signing of the lease. Subsequent to that, Defendant Jenina L. Locke made a payment to Plaintiff of $895.50. 7. Defendants did not occupy the residence for the full term of the lease, but were informed on at least one occasion by Plaintiff's representative that under the terms of the lease agreement, all rents were due and payable on the dates set forth in the rent payment schedule of said lease agreement. 8. Paragraph 3 of the lease provides in part that "Tenant must pay a FIFTY($50.00) DOLLAR "LATE CHARGE" for any rent payment not received by Landlord within four (4) days of the date due. " 9. Paragraph 19. C. provides that "If this lease is terminated, or landlord takes back the apartment, the following takes place: (1) Rent and added rent for the unexpired term becomes due and payable at once. 10. Paragraph 19. D. of the lease provides that "Tenant will pay Landlord all reasonable costs and expenses Landlord incurs to enforce this Lease. This includes attorney fees and court costs." 11 . Defendants are in default of the terms of said lease in that they have failed to pay the rent justly due and owing for the periods of May 1, 1999; August 1, 1999; November 1, 1999; and February 1, 2000 in the amount of $895.50 for the period of May 1, 1999 and $1,791.00 for each such period dated August 1, 1999; November 1, 1999; and February 1, 2000, plus late charges of $200.00. 12. Despite demands by Plaintiff, Defendants have refused to pay the sums rightfully due and owing to Plaintiff. 13. Plaintiff is entitled to recovery of all rent and late charges due under the lease. 931267_1.DOC '<" ~.~ - .~'.'- ..l.. '''it~, Wherefore, Plaintiff demands judgment in the amount of $6,368.50, plus interest and costs and expenses of suit. Barley, Snyder, Senft, & Cohen, LLC By: (l~ - { T_" ~. __r - Anne S. J nson, Esquire Attorney for the Plaintiff Court ID # 78039 247 Lincoln Way East P.O. Box 309 Chambersburg, PA 17201 (717) 264-6494 931267_LDOC I verifY that the statements made in this Complaint aTe true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ----.J! I \0 \ 00 Date ()~ V'-, m~ Crystal Miracle, Agent for College Park Commons 931267JDOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CoIlege Park Commons, Plaintiff, ) ) ) ) ) ) ) Civil Term 00-6474 Civil Action - Law vs. Adessa Seitz and Jenina L. Locke, Defendants, CERTIFICATE OF SERVICE Now this II ~ day of October, 2000, I, Anne S. Johnson, Esquire of the law firm of Barley, Snyder, Senft, & Cohen LLC, hereby certify that I have served the within complaint by depositing the same in the United States mail, postage pre-paid, at Chambersburg, Franklin County, Pennsylvania, addressed as follows: Adessa Seitz, 137 East Pomfret Street, Carlisle, Pennsylvania 17013 Jenina L. Locke, 1131 Franklin Street, Carlisle, Pennsylvania 17013 ,Q_cc~__ ~ Anne S. J hnson, Esquire Attorney for the Plaintiff Court ID #78039 247 Lincoln Way East P.O. Box 309 Chambersburg, PA 17201 (717) 264-6496 931267_1.DOC ~..-,~ '"~ "w" COLLEGE PARK APARTMENTS LEASE AGREEMENT NOTICE TO TENANT: THIS LEASE CONTAINS WAIVERS OF CONSUMER RIGHTS. IF YOU DO NOT MEET YOUR. LEASE OBUGATIONS YOU MAY LOSE .-- YOUR SECURITY DEPOSIT. YOU MAY ALSO BE EVICTED AND SUED FOR MONEY DAMAGES. BY SIGNING THIS LEASE, YOU ARE WA1VlNG CERTAIN IMPORTANT RIGHTS. The Landlord and Tenant agree to lease the Apartment on the (onowing tenus: LANDLORD: COLLEGE PARK COMMONS Landlord's Mailing Address for Notices: 18 CDnege Park CommDDs, North Earl Street, ShiPpenSb~ 17~7 TENANT:~r,II'\.Q !-of re A-clfSs.O.~e.il-fS > (said person(s) hereinafter xefcrred tD individually as the "Tenant" and cDllectively as the "Tenant") ,"" AP A.RTMENT: 302.. . College Park Commons, Shippensburg, P A BUILDING: LEASE DATE: TERM: Co."".,..",..;n..on ~ 1(" 1'1')9 andendingonfl\C\)'Ic;"",Jabo"'(tj'>'i-hlcl~1I d{tto.y;)Cu~ . ........-.----0 ~- - Sh'f!t(.nSWt-5., ",,\.'(\,'IlU\1 AGGREGATE RENT FOR TERM:SM.,l1,o.~"d(\,f I1ltdlA'\ c.;~"r\(,\1..1\~IIa.(<; ($ 7/C&eJ.Oc> "I ~~flU"- RENT PAYMENT SCHEDULE: (1) $ /oc, eo due when tenant signs this lease; lG'Tv-J (2) $ i1'1Wo due DnMay I, /9'11: 01m.cl'1 pl-iC) (0. \'') (3) $ Oct/, C 0 due August I, 1m; ~\v ') (4) $ f7Cj /, C'C due November I, Lm; GlIY) (5) $ /7<t/.o-c due February 1, olccc. S CURITY DEPOSIT: S .,q 7.()tJ due August 1, /199. UTn..ITIES PAID BY LANDLORD: -L water, -p-sewer, .-Lttash removal, X otherfte.o.f 1. USE. The Apartment must be used only as a private residence of the Tenant. Only a Tenant named above may use the Apartment. However, this still remains subject tD limits on who may legally occupy an Apartment of this size. EXHIBIT "A" ~ - "" Wl 2. FAILURE TO GIVE POSSESSION. Landlord shall not be liable if it cannot rive Tenant pD55ession on the beginning date of the Term. Rent starts at the beginning of the T~ unless Landlord cannDt give possession (rent shall then be payable when possessiDn is available). Landlord will notify Tenant when possession is available. The ending date Df the Term will not change. 3. RENT, ADDED RENT. The rent must be paid in full, without deduction, at Landlord's address, in installments as set forth above. All rent payments must be made by check or money order payable to College Park Commons. Rent must be mailed to the Landlord at the Landlord's . address as stated above or deposited into the Manager's D:fficemail slot located outside the Manager's office at College Park Commons. Landlord need not give notice to pay the rent. -lr Tenant may be required to pay other charges to Landlord under the tams of this Lease. Whether or not stated as such, those other charges are cDn5idered "added rent". If Tenant fails tapay the added rent, Landlord shall have the same rigl1ts against Tenant as if Tenant failed to pay rent. Tenant must pay a FIFTY ($50.00) DOLLAR "LATE CHARGE" for any rent payment not received by Landlord within four (4) days of the due date. Tenant rrwst pay a TWENTY-FIVE ($25.00) DOLLAR "NOT SUFFICIENT FUND CHARGE" each time a check is returned from Tenant's banking institution, regardless of reasDn. If there is mDre than one named Tenant in the Apartment then each Tenant shall be individually responsible for a SSO.OO Late Charge and a S25.00 Not Sufficient Fund Charge in the event that their rent payment is late Dr is returned from their banking institution. In the event two (2) checks axe returned by the bank during the T enn, Landlord shall Dnly accept cash, a bank cashier check, or money order as payment of rent and added rent. If a returned check results in a late rental payment, the late charge(s) will also be due. 4, TERM. The Term will end on the date stated above. Notices are not required tD end the Term. 5. NOTICES. Any apprDvaJ. consent, permission or nDtice must be in writing. If to Tenant, it must be delivered Dr mailed ta the Tenant at the Apartment. If to Landlord, it must be mailed or delivered to Landlord's address. It will be considered delivered on the day received by LandlDrd (or if not mailed, when left at the proper address). Notices must be given by (1) certified or registered mail, return receipt requested or (ii) hand delivery with written receipt. Each party must accept and claim the notice given by the Dther. 6. SECURITY DEPOSIT. Tenant must give a security deposit to the Landlord in the amount and on the date stated above. The security deposit will be deposited in an FDIC insured banking institution. If Tenant fails to timely perfDnn any term in this Lease (such as paying rent on time), Landlord may use the security deposit. If the Landlord uses the security deposit, Tenant shall (upon notice from Landlord) restDre the security deposit. That amount is due, when billed, as added rent. At all times Landlord shall have the amount of security depDsit stated above. If Tenant fully performs all terms of this Lease, then Landlord will return the security deposit being held, in accordance with law. Tenant may not apply security deposit to pay rent. Landlord may put the security deposit anywhere pennitted by law. Tenant's security depDsit will eam interest only when and as required by law. Tenant must give Landlord a self-addressed envelope, with proper postage, upon termination of the Lease or upDn Tenant's surrender and , "p---- - " '"' " ~andlord's acceptance of the Apartment, in order to secure a security deposit refund, if any IS due to Tenant. . 7. UTn.ITlES, SERVICES AND MECHANICAL SYSTEMS. Tenant win arrange and pay for all utilities and services, except the utilities and services to be paid by Landlord as stated above. Landlord has no obligation to prDvide (or liability fDr providing) the utilities Tenant pays for. Damage to equipment or appliances supplied by Landlord, caused by Tenant's neglect. may be repaired by Landlord at Tenant's expense. The repair cost w:iIl be added to rent.. Tenant must not use any appliance Dr other equipment unless installed by Landlord or with. Landlord's written consent. Landlord may stop service of plumbing, heating, Dr electrical or mechanical systems, because of accident, emergency, repairs or changes, until wod:: is complete. Landlord is not obligated to provide or repair garbage disposals, dishwashen, and air conditioning systems. 8. ALTERATIONS. Tenant shall not make any alterations, paint or wallpaper the Apartment. If alterations are made, Tenant must pay the cost to restore the Apartment. 9. REPAlRS. Tenant must take good care of the Apartment and all equipment, property and fixtures in it. Landlord will repair the plumbing, heating and electrical systems, unless caused by Tenant's act or neglect. In that case Tenant must, at Tenant's cost, make all repairs and replacements, If Tenant fails tD make a needed repair or replacement, LandlDrd may do it. Landlord's cost will be added to rent, 10. FIRE, ACCIDENT, DEFECTS, DAMAGE. Tenant must give Landlord immediate notice of fire, accident, damage, or dangerous Dr defective cDnditiOn. If the Apartment cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable .(as along as not caused by Tenant). Ifpart Df the Apartment cannDt be used, Tenant must pay rent for the usable part. LandlDrd shall have the right to decide which part of the Apartment is usable. If the Apartment or Building is damaged by fire or other casua1/:y, LandlDrd may cancel the Lease. If the Landlord decides to cancel, Landlord will notify Tenant within 30 days of the fire or casualty. If Landlord does not cancel, Landlord shall have a reasonable time to make repairs. If the fire or casualty is caused by an act Dr neglect of Tenant (or Tenant's family, employee, guest or invitee), then all repairs will be made at Tenant's expense. However, Tenant must still pay the full rent with no adjustments. The cost of the repairs will be added to rent If Landlord makes repairs, Landlord is never required to repair or replace any fixtures, furnishings, personal property or decorations, but only equipment that is originally installed by Landlord, except such equipment which Landlord is not Dbligated to prDvide or repair as set forth in paragraph 7 of this Lease. If canceled, the Lease will end 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Apartment to LandlDrd on or before the cancellation date in the notice, and pay all rent due through the date of the fire or casualty. The cancellatiDn does nDr release Tenant of liability in connection with the fire Dr casualty. II. LIABn..rry. Landlord is not liable for loss, e;cpense or damage to any person or property. Tenant is liable for all acts or negligence of Tenant. Tenant's family, employees, guests or invitees. ~~" ~~ "~, '" ' 1'!>t-; " 12. ENTRY BY LANDLORD. LandlDrd may enter the Apartment during reasonable hours without notice, fDr inspection, repairs, display to prospective tenants, maintenance and improvements. Management may enter at any time to protect life and prevent damage tD property. 13. ASSIGNMENT AND SUBLEASE. Tenant must not assign all or part Dfthis Lease, or sublet all or part Df the Apartment, Dr permit any other person to use the Apanment without written permissiDn of Landlord. Tenant must get Landlord's written pennissiDn each time Tenant wants to assign or sublet. Unless otherwise agreed to in writing by Landlord. (i) Tenant remains bound to the tenns of this Lease after an assignment Dr sublet is permitted, (ii) the assignee or subtenant does not become Landlord's tenant, and (ill) Tenant is respDnsible for acts and neglect of any person in the Apartment including a new assignee or subtenant. 14. SUBORDINATION, ATTORNMENT AND CERTIFICATES. This Lease and Tenant's rights are subject and subordinate (inferiDr) to all present and future: (a) leases for the Building or the land Dn which it stands, (b) mDrtgage on the leases or the Building or land, (c) agreements securing money aid or to be paid to a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages, leases Dr lender agreements. Tenant must promptly elCecute any certificate(s) that Landlord requests tD ShDW that this Lease is so subject and subordinate. Tenant authorizes LandlDrd tD sign these certi1icate(s) for Tenant. A new owner may want Tenant to remain as a tenant under this Lease. If the new owner requests, Tenant will sign an agreement recognizing that. This is known as "attDnunent". Upon request by Landlord, Tenant shall sign a certificate CDnfirming the following: (1) this Lease is in full force and unchanged (or if changed, how it was changed); (2) Landlord has fully performed all of the terms of this Lease and Tenant has no claim against LandlDrd; (3) Tenant is fully performing all the terms Df the Lease and will cDntinue to do SD; (4) rent and a.dded rent have been paid to date; and (5) any Dther reasonable statement required by Landlord. The certificate will be addressed to the party Landlord chooses. 15. NO LIABn.ITY FOR TENANT'S PROPERTY. Landlord is not responsible for (a) loss, theft or damage to the Tenant's property, or (b) injury caused by the Tenant's property or its use. Landlord does nDt cany insurance fDr Tenant's personal property. Tenant will obtain and pay for that insurance. 16. BALCONIES AND PATIOS. Tenant must keep its balcDny or patiD free from garbage and debris. No personal property may be kept or stored on the balcony or patio. Only OUtdODr furniture is permitted on the balcony. Nothing may be hung on or from the balcDny Dr patio, including but not limited tD, clothing, towels, rugs, flags, etc. No CDDking is allowed on the balcDny. No more than eight (8) persons are allDwed Dn an upper floor balcony. All Tenants in the Building are responsible for keeping the balconies and patiDs free from garbage and debris. A violation of this provisiDn will result in a charge tD all Tenants in the Building which will be added rent. 17. CORRECTING TENANT'S DEFAULTS. lfTenam fails to timely correct a default, Landlord may correct it at Tenant's expense. Landlord's costs to correct the default shall be ~~ , : , , added rent. 18. TENANT'S DUTY TO OBEY LAWS AND REGULATIONS. Tenant must, at Tenant's expense, promptly comply with all laws, orders, rules, requests and directions Df all governmental authorities, LandlDrd's insurers or similar groups. 19. TENANT'S DEFAULT. The following are not the only rights and remedies. They are in addition to those provided or pennitted by Jaw. A. TENANT'S WAIVER OF NOTICES. LANDLORD SHALL NOT BE REQUIRED TO GIVE TENANT A NOTICE OF DEFAULT, OR AN OPPORTUNITY TO CORRECT ANY DEFAULT. TENANT ALSO WAIVES THE RIGHT TO RECEIVE A "NOTICE TO QUIT" OR "NOTICE TO VACATE" FROM LANDLORD. THIS MEANS LANDLORD IS NOT REQUIRED TO NOTIFY TENANT TO REMOVE FROM (LEAVE) THE APARTMENT. Landlord may give Tenant a tennination notice (but LandlDrd is not obligated tD give that notice). If given, the teonination notice will state the date the Term will end. Tenant must leave the Apartment and give Landlord the keys on or before the termination date. Tenant continues to be responsible as stated in this Lease. B. If (1) the Lease is terminated; or (2) rent Dr added rent is not paid Dn time; or (3) Tenant vacates the Apartment; Dr (4) the Term has ended; Dr (5) Tenant has defaulted in any obligation under this Lease, Landlord may, in addition tD other rights and remedies, take any of the following steps: (a) peacefully enter the Apartment and remove Tenant and any person or property, (b) use eviction or Dther lawfuImethod tD take back the Apartment, and (c) sue for money damages. C. If this Lease is tetminated, or Landlord takes back the Apanment, the following takes place: (1) Rent and added rent for the unexpired Term becDmes due and payable at once. (2) Landlord may relet the Apartment and anything in it. Tenant remains liable and is not released except as provided by law. (3) Any rent received by LandlDrd for the re-renting shall be used first to pay Landlord's expenses and last to pay any amounts Tenant owes under this Lease. (4) From time to time Landlord may bring actions for damages. (5) If Landlord relets the Apartment, the fact that all or pan of the next tenant's rent is not collected does not affect Tenant's liability. Tenant must continue to pay rent, damages, losses and expenses, without offset. D. Tenant will pay Landlord all reasonable CDSts and expenses Landlord incurs to enforce this Lease. This includes attorney fees and CDurt costs. 20. NO W AlVER, ll.LEG ALITY. Landlord's acceptance Df rent or failure tD enforce any term in this Lease is nDt a waiver of any of Landlord's rights. If a term in this Lease is illegal or unenforceable, the rest of this Lease remains in full force. " l .d ~'" , , , . 21. RULES. Tenant must comply with Landlord's Rules. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates these Rules. Tenant receives no rights under these Rules.. A. Open-fJame heaters, such as a gasoline aT kerosene type heater, are prDhibited due to being a fire hazard. B. Tenant shall not create loud noise Dr disturbance.. Tenant, members of Tenant's fiunily, Tenant's visitors shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, Dr cDnveniences of any other resident. No sound, including but not limited to, music, may be audible outside the Apartment, C. Undaage drinking at College Park Commons is prohibited. D. No parties or gatherings are allDwed at which admission is charged OT charges for alcoholic bevaages are levied. Without intending tD limit this Rule, this includes "rent "'~AIf'I" p...""",. E. Parties are prohibited on weelcoights. All doors and windows must be closed during a party. Party guests shall not congregate outside the Apartment aT Building. Party music must be at a reasonable level Landlord andlor representative of Landlord may not be denied access to an Apartment when checking social gatherings, parties, etc. F. Glue, tape, adhesives, nails, tacks, brads, or screws shall not be driven into walls, floats, doors, cabinets or ceilings of the Apartment, nor shall there be any boring or marring of the above areas. G. No personal property of any description is to be placed .on or permitted to remain on the lawns, steps, porches, balconies, and stairs or hung from windows. Landlord has the right to approve or disapprove of all window dressings. H. Locks may nOI be changed nor additional locks put on any dOOTS without the written pennission of the Landlord. The LandlDrd wiD. be given duplicate keys for all so instaI1ed. prior to the installation, at the Tenant's expense. Any Tenant WhD forces a door Dr has his/her dODr forced by someone else will be charged for a new lock, hardware, door frame, and the labor necessary to repair it. 1. ND beverages in bottles Dr other glass cDntainers may be consumed outside the Apartment. J. Bottles and other glass cDntainers and trash must be placed in the designated area. No bottles, glass or trash may be thrown frDm inside the Apartment or Building Dr frDm balconies or patios. ,-~j ~,~..- -, - .~ ,~ ~" " " '"' K. Kegs are prohibited anywhere in College Park Commons, including but not limited to Apanments and Buildings. ' L. F1I'earms, explosives, fireworks and paint guns of any kind are proln'bited anywhere in College Park Commons, including but nDt limited to, Apartments and Buildings. M. Waterbeds are not permitted. N. Loitering or cDngregating outside the Apartment and Building is not permitted at anytime. O. Doors to the Apartment must be kept closed at all times. P. Physical violence, threats of physical violence, acts of retribution, or intimidation directed towards employees or agents of Landlord Dr other Tenants of College Park ComrnDns are strictly prDhibited, Any violation Df this Rule will result in immediate terminatiDn of this Lease and/or criminal charges. Q. Landlord has the right to change the rules and regulations, at any time, to maintain the safety and well being of the residents of College Park Commons. 22. REPRESENTATIONS, CHANGES IN LEASE. Tenant has read this Lease. Allpromises made by Landlord are in this Lease. There are nD others. The Lease may be changed only by an agreemc;nt in writing signed by and deJiveroo tD each party. 23. LANDLORD UNABLE TO PERFORM. Landlord may be delayed or unable to (a). caxry out Landlord's promises and agreements, (b) provide any service or utility required to be provided, (c) make any required repair or change to the Apartment, or (d) supply any equipment or appliances required to be supplied. Tenant's obligations are not affected if that results from settling insurance claims, obtaining estimates, weather, labor or supply problems, public authDrities, Tenant's act or neglect, or any other cause nDt fully within Landlord's reasonable control. 24. END OF TERM AND ABANDONMENT. At the end of the Term, Tenant must lease the ApllJtment clean and in gDod condition, subject to ordinary wear and tear. Tenant will remDve all of Tenant's property, alterations and decorations. Tenant must repair all damages to the Apanment, including drywall and door holes. Tenant must clean all walls, windows, window sills and tracks, fixtures, toilets, sinks, shower, tub, stove, oven, cabinets, refrigerator, and carpeting. If Tenant's personal property remains in Apartment after termination Dr expiration of this Lease, Landlord may, without nDtice, store or dispose of same. Landlord shall not be liable fDr any injury or damage arising Dut of or resulting from any reasDnable dispDSal of such prDperty. Landlord will perform an inspection of the Apartment thirty (30) days befDre the end of the Term. 25. SPACE" AS IS". TENANT HAS INSPECTED THE APARTMENT A.J.'lD ~ ~ - ~> >, I~ ': . ~ , ~ BUILDING. TENANT STATES THEY ARE IN GOOD ORDER AND REPAIR AND TAKES THE APARTMENT "AS IS". 26. QUIET ENJOYMENT. Subject to the tenns of this Lease, as long as Tenant is not in default, Tenant may peaceably and quietly have, hold and enjoy the Apartment fDr the Tenn. 27. VEHICLES. The Il$e Dr stDrage of Tenant's or any other person's vehicle, whether Dr not parked or being driven in or about the parking area shall at all times be at the sole risk of Tenant. Landlord is not liable fDr d~ge to, Dr caused by, any vehicles. This includes property damage and bodily injury. Tenant will indemnify and defend Landlord for all liabilities. Tenant must register his or her vehide(5) with Landlord upon the executiDn Df this Lease. Payment of a $5.00 registration fee per vehicle is required on or before the Commencement of the Lease TeML Tenant will be issued a parking permit which must be displayed on the rear View mirror of the vehicle so that it is visible frDm the exterior of the vehicle. All Tenaht vehicles which are not properly registered with the Landlord and do not display a parking pemntare subject tD tDwing and its attendant costs. Tenantmust obtain from Landlord a vistDr parking pass for each visitor of Tenant. The visitor pass must be displayed on the front dash of the visitor's vehicle. Vehicles Df visitors which do not display the visitor parking pass are subject to towing and its attendant CDstS. 28. LIl\1:ITOF RECOVERY AGAINST LANDLORD, In the case that Landlord shall be a partnership, an association Dr Dther form of joint ownership, the individual members or entities thereof shall have absolutely no personal liability or obligation relating to, arising from, or in connection with this Lease. Tenant is limited to LandlDrd's interest in the prDperty known as CDllege Park Commons for payment of a judgment or Dther CDun remedy against Landlord, 29. PARTIES BOUND BY LEASE. This Lease is binding on the Landlord and the Tenant and all parties who lawfully succeed. to their rights or take their places. 30. LANDLORD. LandlDrd means the owner Dfthe Apartment, Dr the lease of the Building, or a lender in possession. Landlord's obligations end when Landlord's interest in the Apartment is transferred. Any acts Landlord may do may be perfo=d by Landlord's agents Dr employees. 31. PARAGRAPH HEADINGS. The paragraph headings are for cDnvemence only. They should not be used to interpret the Lease. 32. BROKER. Tenant states that no broker assisted with leasing the Apartment. 33. PETS. Tenant shall be precluded from having a pet in an Apartment withDut written permissiDn of Landlord. If Landlord permits a pet, Tenant must execute a Pet Lease Addendum which will become a part of this Lease. Tenant must pay additional rent of $250.00 fDr breach of this Lease cDndition. 34. KEYS. Tenant must pay a TEN ($10.00) DOLLARS additional rent charge for each Apartment or mailbox key replaced by Landlord during the Term or not returned at the , " ~ " ."~ "" ': , ~ ' r termination of the Lease or the end of the Term. 35. SECURITY SERVICES. Tenant hereby agrees and acknowledges that Landlord shan not provide and shall have no duty to provide any security services to Tenant or the apartment community. Tenant shaD look solely to the Public Police Forte for security protection. Tenant agrees and acknowledges that prDtection against criminal action is not within the power of the Landlord, or and, even if from time to time Landlord provides security services those services cannDt be relied upon by Tenant and shall not cDnstitute a waiver of, Dr in any manner modify, the above agreement. Landlord shall not be liable for failuIe to provide adequate security services or for criminal or wrongful actiDns by others against Tenant, Tenant's family, licensees, invitees or guests. 36. SMOKE DETECTORS AND FIRE EXTINGUISHERS. LandlDrd will inspect the smoke detector and fire extinguisher on a regular basis. Tenant must notify Landlord in writing immediately of any inoperable smoke detector and/or fire extinguisher. If any smoke detector or fire extinguisher requires repair or replacement due tD an act or ommission DfTenant, Tenant must pay the cost to repair or replace the smoke detector and/or fire extinguisher. If any damage is caused to the Apartment or Building due to an inDperable smoke detector and/Dr fire extinguisher which is inoperable because of an act or Dmmission Df Tenant, Tenant must pay the cost to repair the damage. 37. JOINT AND SEVERAL LIABll.rry. IF MORE THAN ONE TENANT SIGNS THIS LEASE, THEIR LIABll.ITY WILL BE JOINT AND SEVERAL. THIS MEANS THAT EACH TENANT IS FULLY RESPONSmLE FOR PERFORMlNG ALL OBLIGATIONS AND FOR ALL PAYMENTS AND IN TilE EVENT OF A DEFAULT, LANDLORD MAY, AT ITS OPTION, SUE ONE OR MORE OF THE TENANTS SEPARATELY OR ALL OF THEM TOGETHER. 38. SEVERABll.ITY. The invalidity or unenfDfceability Df any provision herein shall in no way affect the validity or enforceability of any other provision. 39. SPECIAL STIPULATIONS, if any: .J, , M rille.) a..r.cl (Q.SLdoJilWIS hc\~o_~tn re.VlewU, ~ V SIGNATURES, EFFECTIVE DATE. LandlDrd and Tenant have signed this Lease as of the above date. It is effective upon the signing by both Tenant and LandlDrd. By signing this Lease Tenant acknowledges that he/she has read the Lease; that Landlord has reviewed the Lease with him/her; and that Tenant understands the terms and cDnditions of the Lease. LANDLORD: COLLEGE PARK COMMONS BY: Valerie Griffin or . . , ~'- , . 'I , , TENANT: -![lessa ?f>di Y-llo<:R Name Date Name Datc SS# l{.S-~-?A8\f SSlt JerzU//J j lJ(lflp 4~::J,}9 Name Name Date 55#' / ~ ~C;~ -714/ 55# Name Datc Datc Name ss# 5S1t ."~ " .~ - - - '! COLLEGE PARI< CDl"ll'lON& APPLlCA TlON FORM Tellant Name:.J::.nl na. /..... L...OCPe Jlome Address: //8/ ff-cvt.k.((;.. S-l. I10me Pbone f#: ~"'f5 -27(,5 Sodal Security 1#: 180 -rc~ -744-1 Parenls Names: Ca1hL/ A, /...t:t!.):X CUn"ellt Lot1ll Phone f!i ;;).L!S-;;).lbS C:UlJS,-fu..., ",..qq Tenant Name: ~ ~(tc lIollle Address: lOll Haffrt~-I Ilome Phone #: .;J4\-r&R' Social Security 'fl.:. I (,,5-~ - ~ . Parents Nanles: hlCl"'O.el q.- (.1Y'"C'N ro\ 'e.\f Curre'}t Lot.1 .Pllone #I: ;;}L( \ -b<A I l!.LIl5S"IU1ll '9.1<\ . Tellant NAme: JJome Addrw: Home PboDe #: Social Security #: Parents NaIDes: Curre!)t Lotal PbOlle #: a.lASl1'd.ft\ q..<rt Tellant Name: Jlome Address: Jlome Pbone fl.: Social Security #I: Parents NaIDes: Curreut LOtal Pbolle #I: Q.LO.ss1ufl\. qr-~ Tenailt Name: Home Address: Home Pllone #I: Social Security fl.: Parents NalllCS: Current Local Phone #: c.L4U-(fLfII. q &.'11/ Tellant Name: lIome Address: ilome PIlone fl.; Social Security #I: Parents .Nanles: Current Local Pbone #I: C\.Ou:1wn. "fR'..q~ Apartmellt ## ~ Date:...::J-I~ ."'"""-'~""''iih. " IIJiIi:!itJll . Jilll!!iiJiliM!~IfL'f!lii.ili~i.m!i~liiil~B~Ifl1:.\'l~*.,:~mjJ&1&i&f""'''''''''''''-~-Jj -. 'j([rrrlrs:.--- ~ ~~;._"=<i 0 ~ 'iI- 1iIiiIIilII- .' '. ~" .~. ~,~ () C") (j ~c~- -- , ~n -- ("J ""TJ ,';' (") r-" L'cr --j :~:-- en , ".:;, r:: 'D' ~ C.' )> C.:. ~' " /: --I -< l :::) -, I I' r l" i \, ~-"""',.,.""~ ~ - 1 -- , . '. ii,;,: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA College Park Commons, ) Plaintiff, ) ) Vs. ) ) Adessa Seitz and Jenina L. Locke, ) Defendants, ) Civil Action - Law Civil Term 00-6474 ANSWER WITH NEW MATTER 1. Plaintiff, College Park Commons, is a Pennsylvania corporation with a principal place of business of 18 College Park Commons, North Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Adessa Seitz is an adult individual, residing at 32 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant Jenina L. Locke is an adult individual, residing at 1131 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Pursuant to a written lease agreement, dated Apri116, 1999, a copy of which is attached hereto as Exhibit "A" and made a part hereof ("Lease"). Plaintiff leased to Defendants the apartment, which is known as Apartment 32, College Park Commons, Shippensburg, Cumberland County, Pennsylvania ("Apartment") for a period of one year commencing on May 16, 1999 for an aggregate rent of $7,164.00. DISAGREE - PlaintitTnever signed the lease. so therefore did not lease the apartment to defendants. No manager was present at the time the Defendants signed the lease agreement 5. Pursuant to the Rent Payment Schedule set forth on the first page of the lease, the sum of $100.00 was due at the time the lease was signed; $1,791.00 was due on May 1, 1999; $1,791.00 was due August 1, 1999; $1,791.00 was due November 1, 1999; and $1,791.00 was due February 1, 2000. DISAGREE - Since the lease was not signed the defendants were not responsible fDr honoring the rent payment schedule. rn-~~" - ,"I ~- ~ ~"'J ~f,,-; 6. Pursuant to the terms of the lease, Defendant Adessa Seitz made a payment to Plaintiff of $] 00.00 at or around the time of the signing of the lease. Subsequent to that, Defendant Jenina L. Locke made a payment of Plaintiff of $895,50. - AGREED 7. Defendants did not occupy the residence for the full term of the lease, but were informed on at least on one occasion by Plaintiff's representative that under the terms of the lease agreement, all rents were due and payable on the dates set forth in the rent payment schedule of said lease agreement, DISAGREE - Defendant Adessa Seitz, upon learning that she would not occupy the apartment at all, due to the fact she was not accepted at Shippensburg University, tried uumeJ'Ous times to contact the Plaintiff, and was told each time, by college students working at College Park Commons, there was no manager of College Park Commons. 8. Paragraph 3 of the lease provides in part that "Tenant must pay a FlFTY ($50.00) DOLLAR "LATE CHARGE" for any rent payment not received by Landlord within four (4) days of the date due. AGREED 9. Paragraph 19.C. provides that "If this lease is terminated, or landlord takes back the apartment, the following takes place: (1) Rent and added rent for the unexpired term becomes due and payable at once. AGREED 10. Paragraph 19.D. of the lease provides that "Tenant will pay Landlord all reasonable costs and expenses Landlord incurs to enforce this Lease, This includes attorney fees and court costs." AGREED 11. Defendants are in default of the terms of said lease in that they have failed to pay the rent justly due and owing for the periods of May I, 1999; August 1, 1999; November 1, 1999; and February 1,2000 in the amount of$895.50 for the period of May I, 1999 and $1,791.00 for each such period dated August I, 1999; November ], ]999; and February 1, 2000, plus late charges of$200.00. DISAGREE - Defendant Adessa Seitz was never a tenant of the apartment and tried several times to contact the Plaintiff to let himlher know that she would not be moving in to the apartment without success. Phone calls were not returned to Defendant Adessa Seitz, therefore she was not aware that Plaintiff considered her in default. 12. Despite demands by Plaintiff, Defendants have refused to pay the sums rightfully due and owing to Plaintiff DISAGREE - Defendant Adessa Seitz did not refuse, she was actually unaware that any sums were due until she was served by the Sheriff's Department. . ~~. J - ~':>"""<oM'^"'~;IH~~' 13. Plaintiff is entitled to recovery of all rent and late charges due under the lease, DISAGREE. Defendant Adessa Seitz does not believe that she should be held responsible for any fees when, in fact, the lease was never approved (signed) by any management employee from College Park Commons. ~ -~ H ".~ ""~0r"", NEW MATTER Defendant, Adessa Seitz demands judgment in her favor. Defendant Ade55a Seitz, along with Jenina Locke in good faith signed their portion of the lease, expecting that the management of College Park Commons would do likewise. Since the management of College Park Commons did not sign their portion of the lease, Defendant Adessa Seitz does not believe the lease was valid. Before the date of expected occupancy, Defendant Adessa Seitz tried to contact the management of College Park Commons to let them know she had not been accepted to Shippensburg University, therefore, no longer wanted to rent the apartment. Defendant Adessa Seitz was unable to contact any management personnel, and left numerous messages that were not returned. At no time during the following year was Defendant Adessa Seitz notified that she was in arrears. At the time the defendants viewed the property they were told by the college students working at the College Park Commons that any holes, or damages done to the apartment would be fixed prior to moving in. Defendant Jenina Locke did however, move into the apartment. She tried to get another roommate, but due to the condition of the apartment was unsuccessful. None of the repairs that had been promised had been completed, (See attached photographs) and there was no electricity for approximately one month. As a result of the neglect by the management, Jenina Locke was unable to successfully find a roommate, at which time, she moved out. Wherefore, Defendant Adessa Seitz demands judgn1ent in her favor against Plaintiff. By:~~R~ Adessa R. Seitz Defendant 32 Village Court Mechanicsburg, PA 17055 (717) 732-5706 l.,",,'~',s; I verifY that the statements made in this Answer With New Matter are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 1o-,;:;n-Cb Date Orl.cMn ~~~ Adessa R. Seitz ~ Pro Se , -~ ~ . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA College Park Commons, Plaintiff, ) ) ) ) ) ) Civil Term 00-6474 Civil Action - Law Vs, Adessa Seitz and Jenina L. Locke, Defendants, CERTIFICATE OF SERVICE Now this di day of October, 2000, I, Adessa R Seitz, hereby certify that I have served the within Answer with New Matter by depositing the same in the United States mail, postage pre-paid, at Mechanicsburg, Cumberland County, Pennsylvania, addressed as follows: Anne S. Johnson, Esquire Attorney for the Plaintiff Court ID # 78039 247 Lincoln Way East P.O. Box 309 Chambersburg, P A 17201 "~ """,,,,.,'t.I'rl,,.-,~,""__ . 'j' ,I 'Ii :i1 '-'," "~. , :>... ~ l~S? c1 r/f r:!:, (, ~ tf:i!~' r":,; ~,-- '.; d 1'0. f\; I- (..) c:, 25 C>-J c>-; ~ if f &1 D~ .?'..;;;:: '-Z'~ ,cJ~ y:; tul,,[j. 9::IQ;; 5 <5 ~ , _," ~..' 0.' ~ , ~. . ,. "'~.- .__, lllf,"':F"'~~ fllIlI!l'!!I!'l'~lJll'~~~W"~~W~fW''''''~''-!$fl'~~~@W~~'~l!Jm~~,.,dLm", , ,C l1Il._<.", ,~~~~," ~~~..........~~~~~ ~"= . _ .u~ ,~ > ~.~~~ . SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-06474 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLLEGE PARK COMMONS VS SEITZ ADESSA ET AL R. THOMAS KLINE ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SEITZ ADESSA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE / /.-" / NO.~ FOUND , as to the within named DEFENDANT , SEITZ ADESSA .., DEFENDANT NO.LONGER RESIDES AT ABOVE ADDRESS, LEFT FORWARDING WITH THE P.O., BUT PAPER EXPIRED BE FORE DE FEND ANT COULD BE SERVED AT CURRENT RES1DENCE OF: 32 VILLAGE CT, MECHANICSBURG ~~ . PA 17055 Sheriff's Costs: so~nswe . Docketing 18.00 Service 9.30 Not Found Return 5.00 R. homas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.30 WALKER & MACBRIDE 11/29/2000 Sworn and subscribed to before me 14~ this - day of ~ ~ A.D. ~ a. "htt,H:A/ 1...~4f p t onotary I ~Olr'J--' , ~~~. ~ ~ ....L... ,~ .". _M.l ""i SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2000-06474 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLLEGE PARK COMMONS VS. SEITZ ADESSA ET AL R. Thomas Kline , Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOCKE JENINA by United States Certified Mail postage prepaid, on the 24th day of October ,2000 at 0008:00 HOURS, at 6111 RANDALL AVE 835-24 CHEYENNE, WY 82005 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by JENINA L. LOCKE 11/08/2000 on Additional Comments: Docketing Certified Mail Affidavit Surcharge 6.00 6.47 .00 10.00 .00 22.47 so~~~ Sheriff's Costs: .r Thomas Kline Sheriff of Cumberland County Paid by WALKER & MACBRIDE on 11/29/2000 . Sworn and subscribed to before me this I'll!;:.. day of /,OHN"J,.,---.J .J1rvi) A. D . n. v--a ~ )j{~ '- pMhonotary -=r--- '''C' ~ " . , . ,- ~ -~ ~, Ifcbitj~i~ '1;2,ilncl3. Ais~tOn1pl~le iten'l, 4ifR~slricted Delivery is deSired. . Print'your n'ame and address on the reverse so that we can return the c_ard to you. . Attach this card to the back of the maiJpiece, or on the front if space permits. 1. Article Addressed to: ; - A. Aeceived by, cJclJl C. Signature' XJen,~ D. Is delivery address different from item 1? If YES, enter delivery address below: o Agent O_Addressee DYes D No ,Jenina L. Locke <;;11 R"'nila" 83')-24 Cheyenne, TN" Ave ,',; S/()O') i; 3. ~rvice Type ;i ~Certified Mail o Registered o Insured Mail o Express Mail p Re:tum Receipt for Merchandise DC.Q,D. 4. Restricted, Delivery? (Extra F~) 0 Yes 2. Article Number (CoPY from service la_b_e~ 709Q a~~ ~@~:5~1$i~~~ai PS Form 3$11, July.1999 ?-o.:,,4f/;~ ..0{NfL ,,; "!.. .. Domestic Return Receipt 102595-99-M-1789 -;,,-,:;Jiw ~ ~''''''&, '> , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Civil Term 00-6474 C) s;:; ~~'" ~F; .,:::.., ~2,,::: [:c; jZ~} 2= --j -<. C:-1 College Park Commons, Plaintiff, ) ) ) ) ) ) ) t-., Civil Action - Law Adessa Seitz and Jenina L. Locke, 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 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 OT 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 931267JDOC TRUE COpy FROM RECOfiD In Testimony whereof, I here unto Stit my hand and the seal of said Court Oit CllrHsla Pa This .2..3_...L day' of~ . ~ (}'I'" 0 ~ Prothonotart -~'- . ~ -~.~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA College Park Commons, Civil Action - Law Plaintiff, ) ) ) ) ) ) ) Civil Term 00-6474 vs. Adessa Seitz and Jenina L. Locke, Defendants, COMPLAINT And now comes the Plaintiff, College Park Commons, by and through its attorney, Barley, Snyder, Senft & Cohen, LLC, and makes a complaint against Defendants, Adessa Seitz and Jenina L. Locke, for the reasons herein set forth: 1. Plaintiff, College Park Commons, is a Pennsylvania corporation with a principal place of business of 18 College Park Commons, North Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Adessa Seitz is an adult individual, residing at 137 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Jenina L. Locke is an adult individual, residing at 1131 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Pursuant to a written lease agreement, dated April 16, 1999, a copy of which is attached hereto as Exhibit "A" and made a part hereof ("Lease "), Plaintiff leased to Defendants the apartment which is known as Apartment 32, College Park Commons, Shippensburg, Cumberland County, Pennsylvania ("Apartment") for a period of one year commencing on May 16, 1999 for an aggregate rent of $7,164.00. 5. Pursuant to the Rent Payment Schedule set forth on the first page of the lease, the sum of $100.00 was due at the time the lease was signed; $1,791.00 was due on May 1, 1999; $1,791.00 was due August 1, 1999; $1,791.00 was due November 1, 1999; and $1,791.00 was due February 1, 2000. 931267_1.DOC E '.." . . 6. Pursuant to the terms of the lease, Defendant Adessa Seitz made a payment to Plaintiff of $100.00 at or around the time of the signing of the lease. Subsequent to that, Defendant Jenina L. Locke made a payment to Plaintiff of $895.50. 7. Defendants did not occupy the residence for the full term of the lease, but were informed on at least one occasion by Plaintiff's representative that under the terms of the lease agreement, all rents were due and payable on the dates set forth in the rent payment schedule of said lease agreement. 8. Paragraph 3 of the lease provides in part that "Tenant must pay a FIFTY($50.00) DOLLAR "LATE CHARGE" for any rent payment not received by Landlord within four (4) days of the date due. " 9. Paragraph 19. C. provides that "If this lease is terminated, or landlord takes back the apartment, the following takes place: (1) Rent and added rent for the unexpired term becomes due and payable at once. 10. Paragraph 19. D. of the lease provides that "Tenant will pay Landlord all reasonable costs and expenses Landlord incurs to enforce this Lease. This includes attorney fees and court costs." 11. Defendants are in default of the terms of said lease in that they have failed to pay the rent justly due and owing for the periods of May 1, 1999; August 1, 1999; November 1, 1999; and February 1, 2000 in the amount of $895.50 for the period of May 1, 1999 and $1,791.00 for each such period dated August 1, 1999; November 1, 1999; and February 1, 2000, plus late charges of $200.00. 12. Despite demands by Plaintiff, Defendants have refused to pay the sums rightfully due and owing to Plaintiff. 13. Plaintiff is entitled to recovery of all rent and late charges due under the lease. 931267JDOC - ~ "~ " Wherefore, Plaintiff demands judgment in the amount of $6,368.50, plus interest and costs and expenses of suit. Barley, Snyder, Senft, & Cohen, LLC By: . (L~.. ~ - Anne S. J nson, Esquire Attorney for the Plaintiff Court 10 # 78039 247 Lincoln Way East P.O. Box 309 Chambersburg, PA 17201 (717) 264-6494 93 1 267JDOC , '. ~iV , . '.-'"'-~~~- , 'c. _ 'M ,.'~ c' I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. --.!Q.l 10 \ ()t1 Date (:),~-iL {\, ,,~ Crystal MIracle, Agent for College Park Commons 931267_ LDOC ","'~..........- ~~=. ~ ~~- :~ ~; . , ~.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA College Park Commons, Civil Action - Law Plaintiff, ) ) ) ) ) ) ) Civil Term 00-6474 vs. Adessa Seitz and Jenina L. Locke, Defendants, CERTIFICATE OF SERVICE Now this lit!>- day of October, 2000, I, Anne S. Johnson, Esquire of the law firm of Barley, Snyder, Senft, & Cohen LLC, hereby certify that I have served the within complaint by depositing the same in the United States mail, postage pre-paid, at Chambersburg, Franklin County, Pennsylvania, addressed as follows: Adessa Seitz, 137 East Pomfret Street, Carlisle, Pennsylvania 17013 Jenina L. Locke, 1131 Franklin Street, Carlisle, Pennsylvania 17013 ,Q_tC~_ - Anne S. J hnson, Esquire Attorney for the Plaintiff Court ID #78039 247 Lincoln Way East P.O. Box 309 Chambersburg, PA 17201 (717) 264-6496 931267 _1.DOC " ,. ~' "' "" COLLEGE PARK APARTMENTS LEASE AGREEMENT NOTICE TO TENANT: THIS LEASE CONTAINS WAIVERS OF CONSUMER RIGHTS. IF YOU DO NOT MEET YOUR LEASE OBUGATIONS YOU MAY LOSE" YOUR SECURITY DEPOSIT. YOU MAY ALSO BE EVICTED AND SUED FOR MONEY DAMAGES. BY SIGNING THIS LEASE, YOU ARE WAIVING CERTAIN IMPORTANT RIGHTS. The Landlord and Tenant agree to lease the Apartment Dn the (QUawing tenos: LANDLORD: COLLEGE PARK COMMONS Landlord's Mailing Address for Notices; 18 College Park Cow.mons, North Earl Street, Shippensbrf1'A 17257 TENANT:~t'"\IA.Cl. ~(l--~ A-dt'ss.O..~eirLfB , (said person(s) hereinafter xef=ed tD individually as the "Tenant" and coUcctively as the "Tenant") APARTMENT: '-.~ , College Park Conunons, Sbippensburg, PA BUILDING: LEASE DATE: TERM: Commencing on Jlhy lID 19'19 and ending one:'~Ic;' -1cCo cr(ij'H"'~dt111 c{. /l1~;)C,r:;' . r . Sh'''1i(nS~ \..\n_-JU'- AGGREGATE RENT FOR TERM:SM"Il,,,,,,,,.r!{\o,fl-i,rlJ'A't ";~\\r\f,'u.~ lI~darc; ($ 7/&:<1.00 J ~~f\u'" RENT PAYMENT SCHEDULE; (1) $ lac,. eQ due when Tenant signs this lease; LQ\v'J (2) $ n'1/,()O dueonMay1...L.'lli.;f.P1rwi'1 f"iC) (G.r') (3) $ 17C;t.co due Augusc 1, /1'1'1: ~tv,)(4) $ 17'1/.C'C dueNovember1,J1'19: (,.IIY) (5) $ 17'1/.tr6 due February 1, clccc. S CURITY DEPOSIT: S r,q 7.QO due August 1, 1191. UTILITIES PAID BY LANDLORD: -L water, -f.-sewer, -Lttash removal, X otherlte.a.t 1. USE. The Apartment must be used only as a private residence of the Tenant. Only a Tenant, named above may use the Apartment. However, this still remains subject to limits on who may legally occupy an Apartment of this size. EXHIBIT nAil - I, 2. FAILURE TO GIVE POSSESSION. Landlord shall not be liable nit cannot rive Tenant possession on the beginning date of the Term. Rent startS at the beginning of the T~ unless Landlord cannot give possession (rent shaIl then be payable when possession is available). Landlord will notify Tenant when possession is available. The ending date Df the Texm will not change. 3. RENT, ADDED RENT. The rent must be paid in run, without deduction, at Landlord's address, in installments :lS set forth above. All rent payments must be made by check or money order payable to College Park Commons. Rent IDUst be maikd to the Landlord at the Landlord's . address as stated above or deposited into the Manager's office mail slot located outside the Manager's office at Conege Park Commons. Landlord need not give notice to pay the rent. :Jr- Tenant maybe required to pay other charges tD Landlord under the terms of this Lease. Whether or not stated as such, those other charges are considered "added rent". If Tenant fails to pay the added rent, Landlord shall have the same rights against Tenant as if Tenant failed tD pay rent. Tenant must pay a FIFTY ($SO.OO) DOLLAR "LATE CHARGE" for any rent payment not received by Landlord within fOur (4) days of the due date. Tenant roustpay a TWENTY-FIVE ($25.00) DOLLAR "NOT SUFFICIENT FUND CHARGE" each time a check is returned from Tenant's banking institution. regardless of reason. If there is more than one named Tenant in the Apartment then each Tenant shall be individually respollSl.cle for a $50.00 Late Charge and a $25.00 Not Sufficient Fund Charge in the event that their rent payment is late or is returned from their banking institution. In the event two (2) checks are returned by the bank during the Term, Landlord shall only accept cash. a bank cashier check, Dr money order as payment of rent and added rent. If a returned check results in a late rental payment, the late charge(s) will also be due. 4, TERM. The Tem will end on the date stated above. Notices are not required to end the Term. 5. NOTICES. Any approval. consent. pennission or notice IDUst be in writing. If to Tenant, it must be delivered Dr roailed to the Tenant at the Apartment. If to Landlord, it must be rnaiIed or delivered to Landlord's address. It will be considered delivered Dn the dayrer:eived by Landlord (or if not mailed, when left at the proper address). Notices must be given by (I) certified or registered mail, rerum receipt requested or (ii) hand delivery with written receipt. Each party must accept and claim the notice given by the other. 6. SECURITY DEPOSIT. Tenant must give a security deposit to the Landlord in the amount and on the date stated above. The security deposit will be deposited in an FDIC insured banking institution. If Tenant fails to timely perform any texm in this Lease (such as paying rent on time). Landlord may use the security deposit. If the Landlord uses the security deposit. Tenant shall (upon notice from Landlord) restore the security deposit. That amount is due, when billed, as added rent. At all times Landlord shall have the amount of security depDsit stated above. If Tenant fully performs all terms of this Lease, then Landlord will rerum the security deposit being held, in accordance with law. Tenant may not apply security deposit to pay rent. Landlord may put the security deposit anywhere pennitted by Jaw. Tenant's security deposit will earn interest only when and as required by law. Tenant must give Landlord a self-addressed envelope, with proper postage, upon termination of the Lease or upDn Tenant's surrender and "- - ~ -" " .bil- Landlord's acceptance of the Apartment, in order lD secure a security deposit refund if any is due to Tenant. ' 7. UTD..ITIES, SERVICES AND MECHANICAL SYSTEMS. Tenant will arrange and pay for all utilities and service.'!, except the utilities and services to be paid by Landlord as stated above. Landlord has no obligation to provide (or liability for providing) the utilities Tenant pays fox. Damage tD equipment or appliances supplied by Landlord, callSCd by Tenant's neglect. may be repaired by Landlord at Tenant's expense. The repair cost will be added to rent. Tenant must not use any appliance or other equipllJent unless installed by Landlord or with . Landlord's written consent. Landlord may stop.service of plumbing, heating, or electrical or mechanical systems, because of accident, emergency, repairs or changes, until wod: is complete. Landlord is not obligated to provide or repair garbage disposals, dishwashel'S, and air conditioning systelllll. 8. AL TERAll0NS. Tenant shall not make any alterations, paint or wallpaper the Apartment. If alterations are made, Tenant must pay the cost to restore the Apartment. 9. REPAIRS. Tenant must take gDod care Dfthe Apartment and all equipment, property and fixtures in it. Landlord will repair the plumbing, heating and electrical systems, unless caused by Tenant's act or neglect. In that case Tenant must, at Tenant's cost, make all repairs and replacements, If Tenant fails to make a needed repair or replacement, Landlord may dD it. Landlord's cost will be added tD rent. 10. FlRE, ACCIDENT, DEFECIS, DAMAGE. Tenant must give Landlord immediate notice Df fire, accident, damage, or dangerous or defective CDnditiOn. If the Apartment ClU\IlOt be used because of tire or other casualty, Tenant is not required to pay rent for the lime the Apa!~lJe.lt is unusable . (as along as not caused by Tenant). Ifpart of the Apartment cannDt be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part Df the Apartment is usable. If the Apartment or Building is damaged by lire or Dther casualty. Landlord may cancel the Lease. If the Landlord decides to cancel, LandlDrd will notify Tenant within 30 days of the fire Dr casualty_If Landlord does not cancel, Landlord shall have a reasonable time to make repairs. If the tire or casualty is caused by an act or neglect of Tenant (or Tenant's family, employee, guest or invitee), then all repairs will be made at Tenant's expense. However, Tenant must still pay the full rent with no adjustments. The cost of the repairs will be added to rent If Landlord makes repairs, Landlord is never required tD repair or replace any fixtures, furnishings, personal property Dr decorations, but only equipment that is originally installed by Landlord, except such equipment which Landlord is not Dbligated tD provide or repair as set forth in paragraph 7 Df this Lease. If canceled, the Lease will end 30 days after LandlDrd's cancellation notice tD Tenant Tenant must deliver the Ap.artment to Landlord on or before the cancellation date in the notice, and pay all rent due through the date of the lire or casualty_ The cancellation does not release Tenant of liability in connection with the fire or casualty. 11. LIABn.rry. Landlord is not liable for IDSS, expense or d:unage to any person or propeny, Tenant is liable fDr all acts or negligence of Tenant, Tenant's family, employees, guests or invitees. 12. ENTRY BY LANDLOR.D. Landlord may enter the Apartment during reasonable hours without notice, for inspection, repairs, display to prospective tenants, maintenance and improvements. Management may enter at any time tD protect life and prevent damage to property. 13. ASSIGNMENT AND SUBLEASE. Tenant must not assign all or pan of this Lease, or sublet all or part of the Apanment, or permit any other person to use the Apanment without written pennission of Landlord. TelUlllt must get Landlord's written permission each tim:: Tenant ." wants to assign or sublet. Unless otherwise agreed to in writing by Landlord. (i) Tenant remains " bound to the tenns of this Lease after an assigmnent Dr sublet is permitted, (ii) the assignee or subtenant does not become Landlord's tenant, and (iii) Tenant is responsible for actS and lICglect of any person in the Apartment including a new assignee Dr subtenant. 14. SUBORDINATION, ATIORNMENT AND CER'I'IFICATES. This Lease and Tenant's rights are subject and subordinate (mferior) to all present and future: (a) leases for the Building or the land on which it stands, (b) mortgage Dn the leases or the Building or land, (c) agreements securing money aid or to be paid to a lender, and (d) terms, cDnditions, renewals, changes of any kind and extensions of the mortgages, leases or lender agreements. Tenant mast promptly e,,;ccute any certificate(s) that Landlord requests to ShDW that this Lease is so subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant. A new owner " may want Tenant to remain as a telUlllt under this Lease. If the new owner requestS, Tenant will sign an agreement recognizing that. This is known as "attornment". Upon request by Landlord, Tenant shall sign a certificate confuming the following: (1) this Lease is in full force and unchanged (or if changed, how it was changed); (2) Landlord has fully perfDrmed aU of the teI1m of this Lease and" Tenant has no claim against Landlord; (3) Tenant is fullyperfurming all the tenns of the Lease and will continue to do 50; (4) rent and arlded rent have been paid to date; and (5) any other reasDnable statement required by Landlord. The certificate will be addressed to the party Landlord chooses. 15. NO LIABn.rrv FOR TENANT'S PROPERTY. Landlord is not respollsible for (a) loss, theft or damage tD the Tenant's property, or (b) injury caused by the Tenant's property or its use. Landlord does nDt cany insurance for Tenant's personal property. Tenant will obtain and pay for that insurance. 16. BALCONIES AND PATIOS. Tenant must keep its balcDny or patio free from garbage and debris. No personal property may be kept or stored on the balcony or patio. Only outdoor furniture is permitted on the balcony. Nothing may be hung on or from the balcony or patio, including but not limited to, clothing, tDwels, mgs, flags, etc. No CDOking is allowed Dn the balcony. No more than eight (8) persons are allDwed on an upper floor balcony. All Tenants in the Building are responsible for keeping the balcDmes and patios free from garbage and debris. A violation of this provision will result in a charge tD all Tenants in the Building which will be added rent. 17. COR.RECTING TENANT'S DEFAULTS. If Tenant fails to timely correct a default, Landlord may correct it at Tenant's expense. Landlord's costs to correct the default shall be "~ " L '. ,.~ added rent. 18, TENANT'S DUTY TO OBEY LAWS AND REGULATIONS. tenant must, at Tenant's expense, promptly comply with all laws, orders, rules, requests and directions of all governmental authDritit:s, Landloxd's insurers or similar grDUpS. 19. TENANT'S DEFAULT. The following are not the only rights and remedies. They are in addition to those provided 01" pennitted by law. A. TENANT~S W~R OF NOTICES. LANDLORD SHALL NOT BE REQUIR;ED TO G:rvE TENANT A NOTICE OF DEFAULT, OR AN OPFORTUN.i.TY TO CORRECf ANY DEFAULT. TENANT ALSO W AlVES THE RIGHT TO RECEIVE A "NOTICE TO QUIT" OR "NOTICE TO VACATE" FROMiLANDLORD. THIS MEANS LANDLORD IS NOT REQUIRED TO NOTIFY TENANT TO REMOVE FROM (LEAVE) TIlE APARTMENT. Landlord may give Tenant a termination notice (but Landlord is not obligated to give that nDtice). If given, the terminatiDn notice will state the date the Tenn will end. Tenant must leave the Apartment and give Landlord the keys on or before the termination date. Tenant continues to be responsible as stated in this LeaSe. B. If (1) the Lease is texminated; or (2) rent or added rent is not paid Dn time; or (3) Tenant vacates the Apartment; or (4) the Term has ended; or (5) Tenant has defaulted in any obligation under this Lease, Landlord may, in addition tD other rights and remedies, take any of the following steps: (a) peacefullyente:r the Apartment and remove Tenant and any person or property, (b) use eviction or other lawful method tD take back the Apartment, and (c) sue for money damages. C. If this Lease is terminated, or Landlord takes back the Apanment, the fonowing takes place: (1) Rent and added rent for the unexpired Texmbecomes due and payable at once. (2) Landlord may relet the Apartment and anything in it. Tenant remains liable and is not released except as provided by law. (3) Any rent received by Landlord for the re-renting shall be used first to pay Landlord's expenses and last to pay any amounts Tenant o\W:s under tI1is Lease, (4) From time to time Landlord may bring actions for damages. (5) If Landlord relets the Apartment, the fact that all or part of the next tenant's rent is not collected does not affect Tenant's liability. Tenant must continue tD pay rent, damages, losses and expenses, withDut offset. D. Tenant will pay Landlord all reasonable CDSts and expenses Landlord incurs to enforce this Lease. This includes attorney fees and CDUIt costS. 20. NO WAIVER, ll.LEG ALITY. Landlord's acceptance of rent or failure tD enforce any term in this Lease is nDt a waiver of any of Landlord's rights. If a term in this Lease is illegal or unenforceable, the rest of this Lease remains in full force. .~ .., " - - ,-. I, 2 L RULES. Tenant must cDrnply with LandlDrd'S Rules. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates these Rules. Tenant receives no rights under these Rules.. A. Open-flame heaters. such as a gasoline or kerosene type heater, are proln'bited due to being a fire hazard. B. T~an~ s.hall not create loud noise or disturbance.. Tenant, members of Tenant's family, Tenant s VISItOrs shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, Dr conveniences of any other resident. No sound, including but not limited to. music. may be audible outside the Apartment. C. Underage drinking at College Park Commons is prohibited. D, No panies or gatherings are allowed at which admission is charged or charges for alcoholic beverages are levied. Without intending to limit this Rule, this includes "rent "".....:....C"" p...~, E, Parties are prohibited on weeknights. AU doors and windows must be closed during a party. Party guests shall nDt congregate outside the Apartment or Building. Party music mUSt be at a reasonable level Landlord and/or representative of Landlord may not be denied access to an Apartment when checking social gatherings, parties,etc. F. Glue, tape, adhesives, nails. tacks, brads, Dr screws shall not be driven into walls, floors, doors, cabinets or ceilings of the Apartment, nor shall there be any boring or marring of the above areas. G, No personal property of any description is tD be placed on or permitted to remain on the lawns. steps. porches, balconies. and stairs or hung from windDWS. Landlord has the right to approve or disapprove of all window dressings. H. Loeb may not be changed nor additional locks put on any doors without the written permission of the Landlord. The Landlord will. be given duplicate keys for all so installed, prior to the installation, at the Tenant's expense. Any Tenant who forces a door or has his/he.r door forced by someone else will be charged for a new lock, hardware, door frame, and the labDr necessary to repair it, I. No beverages in bottles Dr other glass containers may be consumed outside the Apartment. I. Bottles and other glass containers and trash must be placed in the designated area. No bottles. glass or trash may be thrown frDm inside the Apartment or Building Dr from balconies or patios. ~~ '~ K. Kegs are prohibited anywhere in College Park Conunons, including but not limited to Apartments and Buildings. . L. FlI'earms, explosives, fireworks and paint guns of any kind axe/prohibited anywhere in Conege Park Commons, including but nDt limited to, Apartments and Buildings.. M, Waterbeds are not permitted. N. Loitering Dr congregating outside the Apartment and Building is not pennitted at anytime. O. Doors to the Apartment must be kept clDsed at all times. P. Physical viDlence, threats of physical violence, acts ofretributinn, or intimidation directed towaxds employees or agents of Landlord or other Tenants of College Paxk CommDns are strictly prohibited, Any violatiDn of this Rule will result in immediate tennina.tion of this Lease and/or criminal chaxges. Q. Landlord has the right to change the rules and regulations, at any time, to maintain the safety and well being of the residents of College Paxk Commons. 22. REPRESENT A nONS, CHANGES IN LEASE. Tenant has read this Lease. All promises made by LandlDrd are in this Lease. There are no others. The Lease may be changed only by an agreement in writing signed by and delivered to each pany. 23. LANDLORD UNABLE TO PERFORM. Landlord may be delayed or IlIIable to (a)cau:y out Landlord's promises and agreements, (b) provide any service or utility required to be provided, (c) make any required repair or change to the Apartment, or (d) supply any equipment or appliances required to be supplied. Tenant's Dbligations axe not affected if that results frDm settling insurance claims, obtaining estimates, weather, labor Dr supply problems, public authorities, Tenant's act or neglect, or any other cause nDt fully within Landlord's reasonable controL 24. END OF TERM AND ABANDONMENT. At the end of the TCIIJI, Tenant must lease the Apanrnent clean and in gODd cDndition, subject to ordinary weax and tear. Tenant will remove all of Tenant's property, alterations and decDratiDn5. Tenant must repair all damages to the Apanment, including drywall and door holes. Tenant must clean all walls, windows, window sills and tracks, fixtures, tDiIet5, sinks, shower, tub, stDve, Dven, cabinets, refrigentor. and carpeting. If Tenant's personal property remains in Apartment after termination or expiration of this Lease, Landlord may, without nDtice, store or dispose of same. Landlord shall not be liable for any injury or damage arising out of Dr resulting from any reasonable dispDSal of such prDperty. Landlord will perform an inspection of the Apanment thirty (30) days before the end of the Term. 25. SPACE" AS IS". TENANT HAS INSPECTED THE APARTMENT At'ID , ~ ~"'-' ~" >~,~ ,."~, BUn..DING. TENANT STATES THEY ARE IN GOOD ORDER AND REPAIR AND TAKES THE APARTMENT "AS IS". 26. QUIET ENJOYMENT. Subject to the terms of this Lease, as long as Tenant is not in default, Tenant may peaceably and quietly have, hold and enjoy the Apartment for the Tam 27. VEffiCLES. The use or storage of Tenant's Dr any Dther penon's vehicle, whether Dr not parked or being driven in or about the parking area shall a~ all times be at the sole risk of Tenant. Landlord is not liable fDr damage to, or caused by, any vehicles. This includes property damage and bodily injury. Tenant will indemnify and defend Landlord for. all liabilities. Tenant must register his or her vehide(s) with Landlord upon the execution Dfthis Lease. Payment of a $5.00 registl'ation fee per vehicle is required on or before the Commencement of the Lease Term. Tenant will be issued a parking permit which must be displayed on the rear view mirror of the vehicle so that it is visible frDm the exterior of the vehicle. All Tenant vehicles which are not properly registered with the Landlord and do not display a parking pemUt are subject to towing and its attendant costs. Tenant must obtain from Landlord a vistDI parking pass fDr each visitor of Tenant. The visitor pass must be displayed on the front dash of the visitor's vehicle. V chicles Df visitors which do not display the visitor parking pass are subject to tDwing and its attendant costs. 28. LIMIT OF RECOVERY AGAINST LANDLORD, In the case that Landlord shall be a partnership, an association or other form of joint ownership, the individual members or entities thereof shall have absolutely no personal liability or obligation relating to, arising from, or in connection with this Lease. Tenant is limited to Landlord's interest in the property known as College Park Commons for payment of a judgment or otha coun remedy against Landlord. 29. PARTIES BOUND BY LEASE. This Lease is binding on the Landlord and the Tenant and all parties who lawfully succeed to their rights or take their places. 30. LANDLORD. LandlDrd means the owner DftheApartment. or the lease of the Building, or a lender in possession. Landlord's obligations end when Landlord's interest in the Apartment is transferred. Any acts Landlord may do may be performed by Landlord's agents or employees. 31. PARAGRAPH HEADINGS. The paragraph headings are for convenience only. They should not be used to interpret the Lease. 32. BROKER. Tenant states that no broker assisted with leasing the Apartment. 33. PETS. Tenant shall be precluded frDm having a pet in an Apartment without written permission of Landlord, If Landlord permits a pet, Tenant must execute a Pet Lease Addendum which will become a part of this Lease. Tenant must pay additiDnal rent of $250.00 for breach of this Lease condition. 34. KEYS. Tenant must pay a TEN ($ 10.00) DOLLARS additional rent charge for each Apartment or rnailbox key replaced by Landlord during the Term Dr not returned at the , ......,. -~ " .' ,; .. termination 0 f the Lease or the end Df the Term. 35. SECURITY SERVICES. Tenant hereby agrees and acknowledges that Landlord shall not provide and shall have no duty to provide any security services to Tenant or the apartment community. Tenant shan look solely to the Public Police Force fur security protection. Tenant agrees and acknowledges that protection against criminal action is not within the power of the Landlord, Dr and. even if from time to time Landlord provides security services those services cannot be relied upon by Tenant and shall not constitute a waiver of, Dr in any manner modify. the above agreement. Landlord shall not be liable for fuilure to provide adequate security services or for crintinalor wrongful actions by others against Tenant, Tenant's farniIy, licensees. invitees or guests. 36. SMOKE DETECTORS AND FIRE EXTINGUISHERS. Landlord will inspect the smoke detector and fire extinguisher Dn a regular basis. Tenant must notifY Landlord in WIiting immediately of any inoperable smDke detector and/Dr fire extinguisher. If any smoke detector or fire extinguisher requires repair or replacement due tD an act or ommission DfTenant. Tenant must pay the cost to repair or replace the smoke: detector and/or tire extinguisher. If any damage is caused to the Apartment or B"Uilding due to an inoperable smoke detector and/or fire extinguisher which is inoperable because of an act Dr ommission of Ten ant. Tenant must pay the cost to repair the damage. 37. JOINT AND SEVERAL LIABll.rrr. IF MORE THAN ONE TENANT SIGNS THIS LEASE, THEm LIABn.rrv wn..i.. BE JOINT AND SEVERAL. THIS MEANS THAT EACH TENANT IS FULLY RESPONSmLE FOR PERFORMlNG ALL OBLIGATIONS AND FOR ALL PAYMENTS AND IN THE EVENT OF A DEFAULt, LANDLORD MAY, AT ITS omON, SUE ONE OR MORE OF THE TENAN'l'S SEPARATELY OR ALL OF THEM TOGETHER. 38. SEVERABn..rry. The invalidity or unenforceability of any prDvision herein shall in no way affect the validity or enforceability of any other provision. 39. SPECIAL STIPULATIONS. if any: J, , M ft.l\e.\ a.Nl.(Q.~Ll.lIIJilW1S I\QVD_l--.o..W re.Vle.W~,~V SIGNATURES, EFFECTIVE DATE. Landlord and Tenant have signed this Lease as of the above date. It is effective upon the signing by both Tenant and Landlord, By signing this Lease Tenant ac1cnowledges that he/she has read the Lease; that Landlord has reviewed the Lease with himlher; and that Tenant understands the terms and cDndirions of the Lease. LANDLORD: COLLEGE PARK COMMONS BY: Valerie Griffin = .....~ ~ .; " ~.- " .' .~ .' , . . TENANT: ..ft1f'SSO 5f> 1 ti l.{-lb<=R Name Date Name Date SS# l {..S-~"?A~ 5S# Jeru/llJ j IJ(1PI fJ::J19 Name Name Date 55#' Ii"Or-I/;G ~7#1 55#- Name Date Name Date ss# 5S# ,I ;,;----.:.,' > ,< ~:,: ~'" "';"'<C~ ,; .,f .J COLLEGE PARK .c.oJ'll"llONG . APPLlCA TION FORM l'cII.Il~ Nallle: ...ef/l nlL 1..-. 1..tX!.pe llomeAddren: 113/ traltk.1,;" Sir I10me Pllone f#: ..2"/':5 - :2.7f45 Sodal Security 1#: /80 -fCfi; -744-1 Parents Name!: Cttihl./ A _ /...f:x:!ft Current LOOII Phone fY J.4S-;;;).lbS CI.4.a-l'1Lot,. "9-'1'\ Tenant Name: ~ ~ctt Ilome Address: lOll Marrct Si lIome prlone fI: ';;!If\-<:fA I Social Security #: Ib'3~ -?PB4 Pllrtnls Names: i1~ro.e I q.. (:JrcN t-b.\ ~\{ CurrclJ.t Lo~l"'bone #: ;;loLl \ -bctcSo,l CI.IlSS"1el1l\ ,..1<\ . Tellallt Name: Homc Address: Home PlIone #: Social Security II: Parents Name!: Curreot Local PlIone II: a1Ass. -r&l.", q,.1't Tensol Name: nome Address: Home PlIone N: Social Security it: Parents Names: Curreot Local Pbone II: (lUlSs"1Clttl\; qr.~ Tenant Name: lIonle Address: Home Phone ##: Sodal Security 1#: Parents Name!: Current Local Phone fl.: CJ.4SS4f.oltll.Qi,.C/C/ Tenallt Name: lIome Address: ilome Pilone f#; Social Secuiity It: Parents .Names: Curi-cllt Local Phone N: CLau:1l1U"\ Cfll'-'ttf -- - -~-; Apartmeut fI. 3;l Date:..;j - I ~ ..A...I --.O-iiliII . . . ..?!ii> .~ ';~ ',~ .~ I' I' I' i'; I I I I II ii' I., 1:11 III ii' Iii !'Ii il I II I '".. . ~ " 1IlI ..... . ._H .. ~_~l_ .~:-:::' . -~;~~: '-.'".. ::'.~.l' fill.y.t:~~'i;lt:~:;t.i~;J;~~ C!-?0 r-- t.Y"\J'1J ~ ~ !hnl .. . l-~~F"i,.JI1!~Il!iE1~~ __" ~.r.t_.,.,....,:.<JllnMl~~n ,.._m ,__'_r'" . .IN iiCelii~ti;te;ittii!!" 1,(."d.A1$PlXl plate item 4 if Restricted Delivery is desired. . Print your hame and address on the reverse so that we can return the,card to you. . Attach this card to the ba,ck of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Harold E. Bender 81 Walnut Bottom Road P.O. Box 361 Shippensburg, PA 17257-0361 coiiip!etetteilis"1;z;and:rAi'so' c;\;;;;pi~e item 4 if Restricted ,Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mQilpiece, or on the front If spa~e permits. 1. Article Addressed to: College Park Commons cia Kevin Killen, Manager 18 College Park Shippensburg, PA 17257 - 2. Ar1i . .70 ~ 'PSFc I' .i' '~ 1 :: i.;: .B. <ateofPeIl~ 9- ,;-~>{A.J ~s~~ D. Is delivery address different from item 1? If YES, _enter delivery address below: o Agent Cl Addressee Dyes D No 3. Service Type '1! Certified Mail o Registered D Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.D. 4. R~tricted Delivery? (Extra Fee) Dyes Return Receipt 102595-99-M-1789 X D. Is delivery address different from Item 1? If YES. enter delivery address below: D Agant o Addressee ' DYes DNo 3. service Type ~Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise , 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes J;' ~ ': '; \ , ~ . p"'........-17B9 < -, - "-," ',> "-<:~ ". "" ~',-o -- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA College Park Commons, Plaintiff, ) ) ) ) ) ) ) Civil Term 00-6474 Civil Action - Law 'Is. Adessa Seitz and Jenina L. Locke, Defendants, REPLY OF PLAINTIFF, COLLEGE PARK COMMONS, TO NEW MATTER OF DEFENDANT, ADESSA SEITZ I. Denied. The averments of unnumbered paragraph I are denied as stating conclusions oflaw to which no responsive pleading is required. 2. Denied. After a reasonable investigation, Plaintiff is without knowledge and sufficient information.to form abeliev(J astothetruthofthat averment, and strict proof is demanded, if relevant, at triaL By way of further answer, the averment in Defendant's second sentence is denied as containing conclusions of law to which no ~esponsive pleading is required. 3. Admitted in part, denied in part. It is admitted that Defendant, Adessa Seitz, tried to contact the management of College Park Commons to let them know she had not been accepted to Shippensburg University. It is denied that Defendant, Adessa Seitz, was unable to contact any management personneL By way of further answer, Plaintiffs agent, Christopher Gormley, telephoned Adessa Seitz in June, 1999 to discuss her concerns. 4. Denied. After a reasonable investigation, Plaintiff is 'Nithout knowledge a..'ld information sufficient to form a belief as to the truth of that averment, and strict proof is demanded, if relevant, at triaL 5. Denied. After a reasonable investigation, Plaintiff is without knowledge and information sufficient to form a belief as to the truth of that averment, and strict proof is demanded, if relevant, at triaL By way of further answer, Paragraph 22 ofthe Lease provides that all promises made by Landlord are in the Lease. 6. Admitted in part, denied in part. It is admitted that Defendant, Jenina Locke, did move into the apartment. The remaining averments of this paragraph are denied because after areasonable .,""~ , "_'"C'~'>{'.: _ . , ~ investigation, Plaintiff is without knowledge and information sufficient to form a belief as to the truth of those avennents, and strict proof is demanded, if relevant, at trial. Wherefore, Plaintiff College Park Commons, respectfully requests that this Honorable Court enter judgment in its favor and against Defendants as prayed in Plaintiffs Complaint. BARLEY, SNYDER, SENFT & COHEN, LLC. Date: 1/'//;;;.e;OI . I ,f2 ?~._~ ArnIe S. Johnson, Es ire Attorney for Plaintiff Court ID # 78039 247 Lincoln Way East P.O. Box 309 Chambersburg, P A 1720 I (717) 264-6494 I verify that the statements made in this Reply are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904, relating to unsworn falsification to authorities. ~e ~(L Chrystal !facle, Agent College Park Commons, Plaintiff . - ~. ""'-'~'..'"" ~'J'" j .. C/" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA College Park Commons, Plaintiff, ) ) ) ) ) ) ) Civil Term 0.0.-6474 Civil Action - Law vs. Adessa Seitz and Jenina 1. Locke, Defendants, CERTIFICATE OF SERVICE Now this L/ +n day of J <OJ! 1 Uhf { , 20.J21--, I, Anne S. Johnson, Esquire of the law firm of Barley, Snyder, Senft, & Cohen LLC, hereby certifY that I have served the within Reply of Plaintiffs College Park Commons to New Matter of Defendant, Adessa Seitz by depositing the same in the United States mail, postage pre-paid, at Chambersburg, Franklin County, Pennsylvania, addressed as follows: Adessa Seitz, 32 Village Court, Mechanicsburg, Pennsylvania 170.55. Jenina 1. Locke, 6111 Randall Avenue, Cheyenne, Wyoming 820.0.5. BARLEY, SNYDER, SENFT & COHEN, LLC. . a - ~:;::2L Aiii1e S. Johnson, .. quire Attorney for the Plaintiff Court ill #780.39 247 Lincoln Way East P.O. Box 30.9 Chambersburg, P A 1720. 1 (717) 264-6496 949174 , ~ ~-, -"'- <<'~~ 'J' , " ~ "] -'i\W--"""""1i!iJj-"'''' " ", ,'^ 'fiiIlii' ,-u. 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