Loading...
HomeMy WebLinkAbout00-0825440014ONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM //I () 70 DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nm ( JI I - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the dote and in the case mentioned below. /-1q-OO CV 19 LT 19 DbMO c/??/-O U This block will be signed ONLY when this notation is required under Po RC.P.JP. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008L This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see N. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon 5-I eue") Decilrcl1 appellee(s), to file a complaint in this appeal Name of awellee(s) (Common Pleas No within twenty (20) days after ser ice of rub r ffer entry of judgment of non pros lrcN c?.l Signature of appellant or his anomey or agent RULE: To FJ4-a/ ?s/2r+•d?L`Cl? appellee(s). Name of appeihWs) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of service of this rule if service was by mail is the date of mail' Date. sgrature Of am o AaPC 312-8s COURT FILE TO BE FILED WITH PROTHONOTARY MAI III ill QVINA 1101 _ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT 17-his proof of service A41JST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF-- ;so AFFIDAVIT: i hereby swear or affirm that I served D a copy of the Notice of Appeal, Common Pleas No. ; upon the District Justice designated therein on (date of service) _®?...? E] by personal service El by (Certified) (registered) mail, sender's receipt attached hereto, and ulion the appellee, (name) - on 19 El by personal service D by (certified) (registered) mail, sender's receipt' attached hereto. D and further that l served the Rude to File a Complaint accompanying the above Notice of Appeal upon the appellee(s)to whom the Rule was addressed on 19- D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND c':UBSCRIBED BEFORE ME THIS . DAY OF 19_._ Signature of affiant Stgnaiuro of official motors whoa, affidavit was m,ado Title of ortiolal my commission expires o',i ®, 19. s- Z - - ? t '{? ?? rn ?r Q f? COMMONWEALTH OF PENNSYLVANIA R COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-04 Dd Name: Hon. THOMAS A. PLACEY Address: 104 S. SPORTING HILL RD. MECHANICSBURG. PA Telephone: (717 ) 761-8230 17050 NO Crj 'T'ICE Oil DGIlii"ANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FKITZMILLER, BARRY E 985 CAMP HEBRON RD. HALIFAX, PA 17032 L J vs. DEFENDANT: NAME and ADDRESS IbEVENS, STEVEN 5815 HILLSIDE LN. MECHANICSBURG, PA 17050 L J DocketNo.: LT 0000424-00 Date Filed: 10/25/00 _., CFF ?- w:- STEVEN DEVENS 5815 HILLSIDE LN. MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: ?X Judgment was entered for: (Name) Judgment was entered against DEVENS, STEVEN 0 Landlord/Tenant action in the amount of $ 2,601.96 on 11/14/00 (Date The amount of rent per month, as established by the District Justice, is $ 485.00. The total amount of the Security Deposit is $ 485.00 Total Amount Established 896 bYY pJ 9ess - Security Deposit AID li ?C r= Rent in Arrears $ -$ ?? Physical Damages Leasehold Property $ 00 -$ .00 Damages/Unjust Detention $ 2,110-0111 - $ 485.00 = Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) VT Judgment Amount ? Attachment Prohibited/ Judgment Costs Victim of Abuse (Act 5, 1996) Attorney Fees ? This case dismissed without prejudice. s on granted if money 1 g y ? Possession not granted. ? Levy is stayed for days or ? generally stayed. ? Objection to Levy has been filed and hearing will be held: Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total ' in LGJtn/ -..: T, $ 1,625.00 $ .00 $ _I $ 2,521.96 $ 80.00 $ _on $ 2,601.96 ? Defendants are jointly and-severally liable. Date: Place: Time: ? Possession granted. X Posse siud ment is no sa Is Ie IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN.A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. . IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVIING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIYJLBIViS I THE PARTY FILING AN APPEAL MUST-INC?UDE &COPY OF THIS NOTIC JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. l f Date' I / District Justice certl y t at t us Is a true an correct py o t e record feedings confining the ju gm3 ent. Date My commission expires first Monday of January, 2004 Anac IieA-ao District SEAL I CAptete items T,-' , land 3. Also complete 12 item 4If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to 2. Article Number (Copy from service label) PS Form A. Received C. Sign lure X v?I?? ? Agent D. Is delWe ddre ^ [3 Add" r iro item t? ? Yes If YES, ter delivery res. below: ? No L 3. Service Type V/ Certiftd Mail ? Express Mail 0 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fea) ? Yes 102595-00-M,M2 • Complete items 1, 2, and 3. Also complete Aeceived (Plaase Print Clearly) B. Data of Delivery item 4 if Restricted Delivery is desired. o ¦ Print your name and address on the reverse so that we can return the card to you. C. gn ure ¦ Attach this card to the back of the mailpiece, x ? Agent or on the front if space permits. OCL) ? Addressee D. Is delivery address different from item 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No (rlte _ 3. Service Type l r-- / ( j(7N1c3 5 t>w^ /?(? 6 YCertified Mail ? Express tvtail ? Registered ? Return Receipt for Merchandise ? Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fae) ? yes 2. Article Number (Copy from service label) y.n wvt . AZAA n n Cl i/ 7 / G/ 7 PS Form 3811, July 1999 Domestic Return DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na u1 ).., i NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentionedbelow t CV 19 r, Lj 19 60 This block will be signed ONLY when this'norot on. is req 10088. uired under Pa. RCP .P. No. If appellant was' CLAIMANT (see P3. R.C.P.J.P. No. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within: twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy - - PRAECIPE TO ENTER RULE TO FILE. COM,ft ?tNJ AND,WTO FILE ` 1\3' L (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) i?.actip`n before? yDi;stdr,, s&Vice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). R s ray ?, yts_A..r s3 a S PRAECIPE: To Prothonotary Enter rule upon sotAMJ 1t^ fa.J„??' - , appellee(s), to file a Z:41aint in mis appeal (Common Pleas Na ) within twenty (20) days after servjce of rule Q / C RULE: To Rh Ll't- A., lalsa/I tl^- appellee(s). N&M of aPpett2e(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal viiN service of this rile nal serv ce or by certified or registered mail. h 4 ? (2) 'e1o?e avjfhin this time', a JUDGMENT OF NON PROS WII L EEt?T RI (Tax ?fservlaWthdrr ^" , service was by mail is the date of matter) A l"' Date: V 'rAYFAIW ? I w I 0 re' of ai'p.@pBrit tir his attorrW or aga days after t6,.4qte of t? rte, r 4- V T-cr: ",fie . KJPC 3I2-a COURT "FILE in5 vs5n?. z.. .. . .... _ .. _ mw"M - rxdl{. ' 'a*w 9*4 Anehs,9,?lg?d5yy?mq.V,?sbgwN.nm w.s, +01„ s,<as a ,,,-o! PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN 00) GAYS AFTER filing the notice of appeah Check applicable boxes) COMMON-WEALTH OF PENNSYLVANIA COUNTY OF Cc? Gn Gam!'[. G AFFIDAVIT: I hereby swear or affirm that I served i}a copy of the Notice of Appeal, Common Pleas No44 p.2_ r (rrJ? Upon the District Justice designated therein on (data of service) ?!6-tk AMC 3-6j 2,e6a 0 by personal service 0!!. by (certified) (registered) mail, sender's receipt attached hereto, ndpu8un the appellee, (name} it It lL. JF7? on by personal service [Xby (certified) (registered) mail, sender's receipt attached hereto. !?-andfuitherthatIserved the Rule to,FiileaCoomplaintaccompanyin the above Notice of Appeal upon the appellee(s) to whom the Ru>e was addressed on aL'«0-- Iz 7, ?. [) by personal servicceit.by (certified) (registered) mail.. sender's receipt attached .hereto. SWORN (AFFIRMED; AND SUBSCRIBED BEFORE ME _vi THIS . ? ?._. DAY OF fnJ Signature a affiant Signarure of offkolal tarfora whom affidavit was made TOG tit -Irl Notarial Seal t+ty commission a3pir6 on earcyN- PUblic - I-Eu l ver Spring Twp., Cumber a`T nor ounty y Commission Expires July 21, 2003 Member, PennsyNaniaAssociation otNotaries c- 5i Y V C O e4) S I ' ? - C?7rerr6a?t/_ ?LeAs nio. oo-$?sy c,'v, 995 cAmP 1/e6,edN Na1, ,9, ?oA !7a3Z - lnec?'c5/&,e6:' P,4 /7Z?O -FOR A wAeD e O T - 4w-e ll x O. Jo _ ll?N - r??aG. d>sT N6. - lnec 4AMcs???PG_ 69 I7?5d - 4.o4A'F)' 465' API I e A/ '010 Al ll?ie T /F. 0I BARRY E. KITZMILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 00-8254 STEVEN DEVINS, Defendant : CIVIL ACTION -LAW 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 Amended 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 Amended Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BARRY E. KITZMILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 00-8254 STEVEN DEVINS, Defendant : CIVIL ACTION -LAW NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BARRY E. KITZMILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 00-8254 STEVEN DEVINS, Defendant : CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW CONIES, the Plaintiff, Barry E. Kitzmiller, by and through his attorneys, Caldwell & Kearns, and files the within Amended Complaint, and in support thereof avers the following: 1. Plaintiff, Barry E. Kitzmiller, is an adult individual residing at 985 Camp Hebron Road, Halifax, Pennsylvania 17032. 2. Defendant, Steven Devins, is an adult individual residing at 402 Sioux Drive, Mechanicsburg, Pennsylvania 17055. 3. On September 1, 1998, Plaintiff leased the premises located at 5815 Hillside Lane, Mechanicsburg, Pennsylvania to the Defendant, under a Residential Lease Agreement, a copy of which is attached hereto as Exhibit "A". 4. The Lease was a month-to-month lease at a monthly rental rate of Four Hundred Eighty- five ($485.00) Dollars, payable in advance on the first (1") day of each month. Defendant entered into possession of the leased premises on September 1, 1998, in accordance with the terms of the Lease. 6. Throughout the term of the Lease, Defendant was consistently dilatory and sporadic in his payment of rent, often times paying inconsistent amounts and leaving a current outstanding balance of Eight Hundred Ninety-six Dollars and Ninety-six Cents ($896.96) for rent due and owing in accordance with the Lease. On October 7, 2000, Defendant informed the Plaintiff, in writing, of his intention to vacate the premises on November 6, 2000, thereby violating the Lease provision requiring that a tenant wishing to terminate the Lease provide thirty days notice on or before the date the next rent was due. See Exhibit "A", Provision 7C. 8. In the Defendant's case, the rent was due on or before November 1, 2000. Therefore, written notice on October 7, 2000 was improperly given. On November 6, 2000, Defendant vacated the leased premises and surrendered possession thereof to the Plaintiff. 10. At or prior to the time when Defendant vacated the premises, Defendant damaged the leased premises and otherwise breached the Lease by failing to surrender the leased premises in substantially the same condition in which it was leased to the Defendant. Damages to the premises includes the following: Damages Cost (a) Removed ice lights from house, small shed, rain cutters and shingles. $35.00 (b) Replaced frames and small glass. $40.00 (c) Retrace trim paint which was repainted by the tenant without the landlord's permission. $10.00 Damages (contd.) Cost (contd.) (d) Bench was removed from the deck. Lumber and labor to erect a new bench. $100.00 (e) Thermostat which controlled the gas heater was removed by tenant. The landlord's cost to replace the thermostat $200.00 (f) Tenant made modifications to the dishwasher discharge pipe without landlord approval. Due to the tenant's modifications, water leaked from the discharge pipe throughout the kitchen. As a result, landlord was forced to replace the pipe. $20.00 (g) Tenant removed paneling in the front room of the premises and repainted the room without landlord's permission. Landlord replaced paneling and trim for the room. $400.00 (h) Tenant left furniture in the dwelling, and holes in the wall and floor. Landlord was forced to remove furniture and repair holds. $50.00 (i) Tenant, without landlord's permission, installed an additional closet in the main bedroom. Landlord was forced to remove closet and fix holes in walls, ceiling, and floor. $150.00 (j) Tenant, without landlord's permission, cut a hole in the front door for tenant's pet. Landlord was forced to repair the door. $20.00 (k) Tenant, without landlord's permission, moved the washer and dryer hookups from the kitchen to the basement. The washer in the hookup in the basement is not hooked up to the sewer. Instead, it is hooked up to a floor drain for water that comes through the wall. As a result, landlord was forced to move the washer and dryer hookup back upstairs. $50.00 Damages (contd.) Cost (contd.) (1) Tenant, without landlord's permission, erected a wall, replaced carpet and original paneling. As a result, landlord was forced to take down wall, repair holes in wall, floor and ceiling, replace carpet, as well as fourteen (14) pieces of paneling and trim. $500.00 (m) Bathroom doorsills needed replaced in both doorways. $25.00 (n) Tenant left four (4) sofas in the landlord's dwelling after tenant had vacated the premises. Landlord was forced to remove sofas. $25.00 (o) Due to the repairs that the landlord was forced to make as a result of the damage caused by the tenant, landlord lost one month's rent. $485.00 if. Total Cost of Repairs: $2,110.00 The fair and reasonable costs of repairing and replacing the broken and missing items described above is Two Thousand One Hundred Ten ($2,110.00) Dollars, as shown particularly by the estimates and bills attached collectively hereto as Exhibit "C" 12. Plaintiff has applied Defendant's security deposit and the interest thereon in the amount of Four Hundred Eight-five ($485.00) Dollars in partial satisfaction of the Two Thousand One Hundred Ten ($2,110.00) Dollars for repairs owed by the Defendant, and the Eight Hundred Ninety-six Dollars and Ninety-six Cents ($896.96) in back rent, leaving a balance due to the Plaintiff of Two Thousand Five Hundred Twenty-one Dollars and Ninety-six Cents ($2,521.96). 13. The Plaintiff was prevented giving Defendant written notice of the above damages within thirty days after surrender of the leased premises as required by 68 Pa. Stat. Ann. §250.512, because of the Defendant's failure to furnish the Plaintiff with the Defendant's new address. 14. On several occasions, through the issuance of monthly statements, Plaintiff made demand upon Defendant for payment of the outstanding balance due and owing, but Defendant has failed to refuse and still refuses to pay the same or any part thereof. WHEREFORE, Plaintiff demands a judgement against the Defendant in the amount of $2,521.96 plus costs, which amount is within the arbitration limits for Cumberland County. Respectfully submitted, Dated: c? m-45/20522 CALDWELL & KEARNS g arsico, Esquire Attorney ID# 69804 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Barry E. Kitzmiller VERIFICATION I, Barry E. Kitzmiller, hereby verify that the averments in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. By: 1. DATE KESWENTUL LEASE UK 015 - . , COPYRIGIIT PENNSYLVANU ASSOCUTION OF REALTORS 1993 This tam tmo,ommia ear but out restdoedpb w to oeF boa ofthe ymmyl.uda Atrodstion of REALTORS 2. TENANT: (fist all Tenants) < Name Mailing Address Phone Number(s) Name Mailing Address Phone Number(s) 3. LANDLORD: (list aR Landlords) Mailing Address Phone Number(s) Name Mailing Address Phone Number(s) .: 4. AGENT FORTI-EELANDLORD is 3. PROPERTY S IG Z N( Landlord agmca to rent to Tenant the following Pmperry: 6 SfARRNG AND ENDING DATES OF LEASE (also mtled Term) n yi P A. Starda j Date: Thu Lease starts on s at 12 Noon. B. Ending Dale: This Lease cods on at 12 Noon. 7. RENEWALTEILM This Least will automatically renew for a term of m1n1'7j?' i/,/ `, /,)K at the Ending Date udm: A. Tcnant gives Landlord days' written notice before Ending Dam orbefom the end of any Rcanval Tem. , OR B. Landlord gives Tcnant days' written notice before Ending Date or before the end of any _ Renewal Tenn. For.Month to Month Leases Only: Either Landlord or Tenant tray end a month to month Lease by giving 30 days' written notice on arbefore the day the neat rent is due. & RENT pa A. The total amount ormat due over the terra of this L.case Ls S B. The total rent due each mouth is S-j S C. Rent is due on or Won: the dayofthemonth. G 00 D. Tenant pays a late charge o S if rent is mots than days late - E. Tenant makes payments to: add= 9. BEFORE MOVING IN, TENANT PAYS A. Par, or a month's rent if Tenant takes possession before gat regular due dale B. Ent aronth't rent C. D. Sae dty Deposi( on deposit w r (name of bank) Total rent and security deposit received to dale Total amount due befam Tenant mores In - 10. USE OF PROPERTY 4 A. Tenant "It use property as a residence or B. Not mare than people will live on property. 11. LMLITIFS AND SERVICES A. Landlord will pay for O cold water ? gas ? electricity O snow removal -Jr heater maintenance contract ? other B. Tcnant wilt pay for O cold water gas -- ?° electricity -- -'snow removal ? hen. maintenance eonlract other 'El TENANT(S) Initials - s - / %6.32- . 11? IIYIVR ? Rid Due S S q `l - S S?J d' - S S S y?%°`? 5 S S ? hot watt[ O heat O lawn and shrebberycare ? water cost tweryearly, charge .? ? ,pp sewage costs and maintenance trash removal ' ? hot water - -heat lawn and shrubbery"m IT: watercmtoverycarly charge - 0 sewage will and Z?? - ? trash removal LANDLORD(S) Initials Page L of 4 A" u2/U1/au tar. tau rti? fir our orau 12- CONORION OF PROPERTY - Tenant undcstands that Landlord will make no repairs, additions, or changes to the property except u follow= 13. SPECLIL CLAUSES (Any Special Clauses must comply with the Pcnwylvxnfa Plain Language Consumes _ Contract Act.) 3 f 2 G?fvc11 ©NER ?TAr aofe - . Lf;fvDLok.? iN' ll n1? 1 /'e f??,)'? 14. RULES AND REGULATIONS - A. Rules forusc of the Ympaty arestuched ? Yes ? Na B- Tenant promises to obey the Rulex. C Landlord cannot change the Rules unless the change benefits the Tenant or improve the health, sarcty, or welfare of others. _ 15. SECURITY DEPOSIT .'--' A. Landlord cannot make Tenant pay a security deposit of more than two-months' rent the first year, and one-monthi rcpt after the first year. Ancr five years, the security deposit cannot be raised, even if the rent is raised. B. It the security deposit is more than $100. Landlord must keep it is a special bank account (escrow account) and give Tenant the name and addicts of the bank. C. Alter the second year (;f Tccant continues to live on Property). Landlord must keep the security deposit in an escrow account that erns interest Landlord may keep 1 percent of the interest Landlord must pap Tenant the balance of the interest once a year. D. Landlord can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) that am Tenant's responsibility. - E. When Tenant moves from the Property,Tenant will return all keys and give Landlord written notice ofTcaanth mailing address where Landlord can return the security deposiL F. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the security deposiL Landlord must return security deposit and interest (minus any charges to Tenant) within 30 days. - I& POSSESSION A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease. B. If Tenant cannot move in because previous tenant is still there or because of property damage Tenant can 1. change the starting date of the Lease to the day when Property is avalable Tcuaat wiII nat owe rest until Ympcry is available; OR 2. end the least and have all moncyalready paid as rent or security deposit returned. _ 17. RENT INCREASES A If the Lease is for atcrnt ormom than one year, Tenant agrees to pay Tenant's share of any increase in teal estate taxes and water and sewer charges. B. IfTenaat's actions cause an increase in property insurance, Tenant will pay the amount ofthe inarasc I& LAND LORD'S RIGHT TO ENTER A. Tenant agrees to let Landlord or Landlord's representatives Bata the Property at reasonable hours to inspee4 repair, or show the Property to prospective buyers- - B. Landlord will give Tenant 24 hour.' notice of date, time, and reason for the visiL In cases of emergcnry, Landlord may enicrPrope ywithoutuetice. ItTcnantis not there, Landlord will tell Tenantwhowas thcreand' why within 24 hours of the visit - 19. TENANTS CARE OF PROPERTY Tenant. Tenants family and guests agree to obey aR laws and Rules that apply to Tbnant A Tenant rill: 1. Keep the Property dean and safe. 2. Get rid of alt trash, garbage and any other waste materials as required by Landlord and the law. 3. Use cam when using any of the clectrical, plumbing, ventilation or other faclitia or appliances r on the Prop M. including any elevators. _ 4. Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tcnaat's willful, careless, or unreasonable behavior. B. Tenant will not: 1- Keep any nammabie materials oa the Property- 7- Willfully destroyordeface any part of the Property. 3. Disturb the peace and quiet ofather tenants. 4- Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant understands that any changes or improvements will belong to Landlord. C Repairs By Tenant: Tenant will pay to repair any item in or on the Property that costs less than - S Tenant also will pay to repair any damage to the Property or to any item in or on the Property that Tenant or Tenants guests cairsc through a lack of care 20- SMOKE DETECTORS A. Tenant will maintain and rest (monthly) any smoke detectors on the Property. B. Tenant will notify Agent or Landlord ofany broken smoke dcrcctcr(s). C Tenant will pay for any damage to Property ifTcnant rails to maintain smoke deletion • 21. LANDLORDWILLMAINTAINPROPER7Y - "_ ' A. Landlord will keep the Property and common areas in reasonable condition and" required bylaw. B. Landlord will keep the structural parts critic Property in good working order, including: ceilings roof doors - steps floors - walls porches windows C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe and good working Y.; order, including: " air conditioning sanitary drainage - security electrical ventilation heating waterheating plumbing D- Landlord will keep Property reasonably free orpests, rodents and insects. This does act apply if Property Ls a _ single-family dwelling. - E. Landlord will supply utilities and services listed in paragraph 11(Ulilitiesend Services) of this Lease, unicss the service is intempted for masons beyond the Landlord's control _ F. Landlord cannot increase rents, decrease services, or threaten to evict Tenant because Tenant 1. complains to a government agency or to Landlord about a building or housing code violation. 2 organizes orjaim a Tenants organization. • 3. uses Tennis legal rights in a lawful manner. 22. NO PETS Tenant will not keep any pets on any pan of the property without Landlord's written permission. 41 : 23. FIRE OR OTHER DAMAGE A. If the Property is accidentally damaged (flM flood, etc.) 1. Tenant may continue to live on the livable part of the Property and pay a reduced teat u agreed to by Tcnant and Landlord until the damages arc repaired; if the law does not allow Tcnant to live on the property, then this Lease is ended; OR 2. If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that _ Lease is ended and move out within 24 hours. B. If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. C IfTenant, Tenant'sfamily or guests cause damage by Gre or by other means, this Lease will remain in effect and Tenant will continue to pay rent, even ifTenant carrot occupy the Property. 24. AF rER NOTICE TO E4ND LEASE A- After Tenant or Landlord has given written notice to end this Lease, Landlord may show Properrf to • possible tenants. Landlord will not show Property unlesaTenant is them or has a reasonable chance to be them. Tenant does not have to allow possible tenants to enter unless they am with the Landlord or Landlatd's representatin or unless they have written permission from the Landlord B. Landlord may put up For Sale or Far Rent signs on or near Property. C. Tenant agrees to move out peacefully when Lease is ended _ 25. SALE OF PROPERTY A- If Property is sold, on the date of settlement, Landlord will give Tenant in writing: 1. The name, address, and phone number of the new landlord 2 Where rent is to be paid 3. Notice that the security deposit has been given to the new landlord, who will be responsible foci[ B. Tenant agrees that Landlord may transfer Tenant's money and advance rent to the new landlord C. Tenant understands that Landlord will have no duties regarding this Lease after the property has been scid. D. Landlord agrees to require any new landlord. as a condition of sale, to take on Landlord's duties under this Lease and to honor them. "26. IFTENANT BREAKS LEASE: WANER OF RIGHTS A. Tenant breaks this Lease if 1. Tenant dots not pay rent or other charges - 2 Tcnant leaves (abandons) Property before the end of this Lease 3. Tenant does not move out when supposed to. 4. Tenant rails to do anything Tenant agreed to in this Leaser B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord eaaoot evict - Tenant (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE DAYS is sulTcient This means that if Tcnant has not moved from the Property berom the sixth day after Landlord has given Tenant written notice, Landlord can rile a lawsuit to evictTenant TENANT IS WAIVING (GIVING UP) TENANTS RIGHT TO A LONGER NOTICE TO MOVE OUT. C. Other Lease Violations: 11 Tenant breaks any other term or this Lease. Landlord must give Tenant a written notice describing the violation and giving Tenant FLUE DAYS to correct the problem. If Tenant does act correct the problem. Landlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out, Landlord can file a lawsuit to evict Tenant on the sixth day. TF.NAYL' IS WANING (GIVING UP) TENANTS RIGHT TO LONGER NOTICES TO CORRECT • PROBLEMS AND TO MOVE OUT. D. If Tenant Breaks lease forany Reason, Landlord may 1. Recover possession of the Property (evict Tenant). If Landlord hints a lawyer to start eviction, Taant agrees to pay the lawyer's fees and Landlord's reasonable costs- 2- File a lawsuit against Tenant for rents and charges not paid and for rents and charges ror the rat of the • - Leases teen. 3. Keep Tenant's Security Deposit TENANTS LANDLORD(S) Initials Initials Page 3 or 4 t? U s. eau ....... ..... ... .?. u.... / ' 27. _ IF GOVERNMENT TAKES PROPERTY - A, The government or cncer pubiin authority can take private property for public use. The taking is called condemnation. B. If any part orthe Property is taken by condemnation, Landlord will m dueeTenanrs rent proportionately. Ifall the Property is taken et is no longer usablq this Lease will end and Tenant will move our. LandlardwDitetuts to Tenant any unused rmrrity deposit or advance rent C. No money paid to Landlord for the condemnation of the Property will belong to Tenant 28. SUBLEASING AND ASSIr LNEh7 A. Landlord may transfer this Lease to another Landlord Tenant agrees that this Lease remains the same with - the new landlord. - .. B. Tenant may not transfer this Lase orsubfease(rent to another person) this Property without Landlord's written permission. Landlord will be reasonable about giving written permission 29. TENANT ILiS FEWER RIGHTS THAN MORTGAGE LENDER - Landlord mayhavca mors-agcon the property. ifso, Landlord agrees to make the mortgage paymen4. Thetighta of the mortgage lender ccme bcfare the rights of the TenanL (Example: IC Landlord fails to make mortgage payments, the mortgage leader =old take the Property and end this Luse.) TENANT IS WAFMG (GIVING UP) TENANTS RIGHTS. TENANT UNDERSTANDS THAT IF THERE ISA FORECLOSURE,THE NEW OWNERWILL HAVETHE RIGHTTO END TfIISLFASF- - ., 30. MEDIATION A. Mediation is a way or resolving dispates. Amediator helps the disputing parties teach an agreeable solution without hating to inaolve the courm B- Landlord and Tenant may agree to take any disputes arising from this lease to a mediation program orrered by the local association of RFALTORSa or to another mediator. Landlard and Tenant can agree to mediation as a part of this Lease (by signing a mediation form to attach to this lease), or thry can sign an agreement to mediate after a disp•.te ariscs- 3L INSURANCE AND RELEiSE - A. Tenant understands that L LANDLORD'S INSURANCE DOES NOT COYER TENANT, TENANTS PROPERTY OR GUESTS. 2 TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTEC'T' TENANT, TENANTS?ROPERTYAND GUESTS WHO AR'-.INJURED WHILE ON THE PROPERTY. B. Landlord is not liable or responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any loss or clai including a tomey's fees, that result from the damage or injury. C. Landlord is respons:ale for any injury or damage that r su{ts from Landlord's eamlcssnesa D- Tenant is reaponsibic ror any loss to Landlord that Tenant, Tenant's family orguests cause 32 CAPTIONS The headings in this Lca- a am meant only to make it easier to find the paragraphs. 33. EINTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord- No spoken or written agreements made before arc apart of this Lease •_nless they are included in this Lease- 34. NOTICE BEFORE STGN'CgG THIS LEASE IS A LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO TALKTO A LAWY3R BEFORE SIGNING THIS LEASE WITNESS WITNESS WITNESS Wl Ter fESS WITNESS WITNESS LANDLORD LANDLORD LANDLORD LANDLORD TRANSFERS LEASE TO ANEW LANDLORD DATE DATE DA ? CXJ DATE DATE As pats of payment received by Owners (Landlord) (name oCN[tent Landlord) - now assigns or transfers this Lease to (name of new landlord) his hersand estate. The new Landlord has all the rights and responsibilities orthe Landlord under this Lease. WITNESS WITNESS WIT-14 ESS WITNESS LANDLORD LANDLORD LANDLORD LANDLORD DATE DATE DATE DATF rarrt:: vmrm uwe.U.o- Ytnow .errs, nUC tmmr, SLUE 105 Pane 4 of 4 CERTIFICATE OF SERVICE AND NOW, this ADO day of February, 2001, I hereby certify that I have served a copy of the within Amended Complaint on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, certified/return receipt requested addressed to: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, PA 17055 CALDWELL & KEARNS By: BARRY E. KITZMILLER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 00-8254 STEVEN DEVINS, Defendant CIVIL ACTION -LAW NOTICE OF DEFAULT PURSUANT TO Pa.R C.P. 237.1 TO: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, PA 17055 DATE OF NOTICE: March 13, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Respectfully submitted, CALDWELL & KEARNS o M. Marsico, squire At omey ID# 69804 3631 North Front Street Harrisburg, PA 17110-1533 Dated: (717) 232-7661 01-45/22020 Attorney for Plaintiff, Barry E. Kitzmiller CERTIFICATE OF SERVICE AND NOW, this I q+h day of March, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, PA 17055 CALDWELL & KEARNS By: BARRY E. KITZMILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 00-8254 STEVEN DEVINS, Defendant CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT To the Prothonotary of Said Court: Please enter judgment in favor of the Plaintiff, Barry E. Kitzmiller, and against the Defendant, Steven Devins, by reason of Defendant's failure to answer the Amended Complaint or file a responsive pleading within twenty (20) days of service of the Amended Complaint containing a Notice to do so, and following service of a Notice of Default Pursuant to Pa.R.C.P. 237.1 as set forth on the Affidavit of Service attached to this Praecipe. The amount of the judgment shall be in the prayer of Plaintiff s Amended Complaint, or $2,521.96 plus cost of suit. Respectfully submitted, CALDWELL & KEARNS j, . Iola sico, squire ney ID# 69804 3631 North Front Street Harrisburg, PA 17110-1533 Dated: ?.? (717) 232-7661 0145/22551 Attorney for Plaintiff, Barry E. Kitzmiller BARRY E. KITZMILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 00-8254 STEVEN DEVINS, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE PURSUANT TO PA. RULE CIVIL PROCEDURE 237.1 Personally appeared before me, a Notary Public in and for said County and State, DOUGLAS K. MARSICO, ESQUIRE, who deposes and states that on the 14" day of March, 2001, he mailed a true and correct copy of Notice of Default Pursuant to Pa.R.C.P. 237. 1, by United States first class mail, with attached certificate of mailing, addressed to Defendant as follows: Steven Devins, 402 Sioux Drive, Mechanicsburg, PA 17055. A copy of the Notice of Default pursuant to Pa.R.C.P. 237.1 is attached and made a part hereof by reference thereto. C s K. Marsico, Esquire attorney for Plaintiff, Barry E. Kitzmiller Sword to and subscribed this ' l; o day of March, 2001. o of Publi NOTARIAL SEAL My Commission Expires: TAMARA S. HAIR, Notary pW* 's City of Harrisburg, Dauphin O=gy r'Ay Commission Expires Aug. 28, 2DD4 CERTIFICATE OF SERVICE AND NOW, this day of March, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, PA 17055 CALDWELL & KEARNS By: BARRY E. KITZMILLER, Plaintiff V. STEVEN DEVINS, Defendant TO: STEVEN DEVINS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8254 CIVIL ACTION - LAW You are hereby notified that on _Maack 2,C>' 2001, the following Judgment has been entered against you in the above-captioned case. Judgment in the amount of $2,576.46 Date: S` - PQ Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, PA 17055 Per este medio se le esta notificando que el de del , 2001, el/la siguiente (ORDEN), (DECRETO), (FALLO) ha sido anotado en contra suya en el caso mencionado en el cpigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, PA 17055 01-45/22891 BARRY E. KITZMILLER, Plaintiff v STEVEN DEVINS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8254 Civil Term : CIVIL ACTION - LAW PRAECIPE Please mark the above-referenced Judgment satisfied and paid in full. Respectfully submitted, Sup. C . . No. 69804 363 orth Front Street H 'sburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232-2766 - Fax Attorneys for Plaintiff, Barry E. Kitzmiller Date: January 10, 2008 7 .2 ai