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Home My WebLink About01-1039 FX " MELODY J. COKER SIM and THOMAS SIM, wife and husband, Plaintiffs, vs. DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. ~ - - . 1'.1 ~. .- ',- ',>., ,.,-, '.",--, '."",-- - "jtiilijh~1 , , .. ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. {H-ID 39 CIVIL TERM PRAECIPE FOR WRIT OF SUMMONS TO the Prothonotary, Cumberland County Court of Common Pleas: Please issue a writ of summons to the defendants in the above- captioned action at the fOllowing address: Daniel J. Houser Suzanne L. Houser 1305 Forrest Drive New Cumberland, PA 17070 Date: 2/2\10 \ Respectfully submitted, GATES & ASSOCIATES, P.C. BY: rI1d~ 1j,r;;p Mark E. Halbruner, Esq. Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiffs) ,~..~~ '. -II l~ ~~L I.. - 0 ",' ;,'--- ~;, ~ ~i; Commonwealth of Pennsylvania County of Cumberland Melody J. Coker Sirn and Thonas Sirn, wife and husband Court of Common PIe.. VI. No, _____Qk]._Q~'U:;J.Y!b__TI:~___m __ m XHl____ Daniel J. Houser and Suzanne L. Houser, husband and wife 1305 Forrest Drive ' New Cumberland, Pa. 17070 In _____~~~~].__~g!_~QQ_b_~____________________ To _u~'_'~::.~_<!~__':!'.?1!~_EO.:r::_9!l.(L~1!_z_<:!I]1!~u~,_.!i'2~ser, husband and wife You are hereby notified tha t Mj;loOY-_J._D:lker:. BinL.ancL.:I:hares._Sitnr _,..d.f@_aJ<Q,.-J;<YWaI:lQ____u_________________________u__ the Plaintiff has commenced an action in _u_uCiyi.;LLilli'u___u_uu_u_________U_U_h________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) G1Rrt~~_F_~_LQpi!________________________________ , Protho=mry Date _______:I:S'Pm9nr_2.2.__ZQQL_ ~____ By _u~uCLMdi.~' <_________________ Deputy ~'L-jj!;!I;1;ii~!if!lNi.~M'Jj",j1lA'" >li,4:;iH"""-~:"~~,,*,,i,-t!'",~:4i,,_"', '''"':_;;,,'Ei,:~.-;'_,~,;_,,''J.''''__'''',,;''''d>i'''''''J;'\l,,,,~i.Ji;lili'.!l.'ili!!;;iil'<,,,'1;;!!!1$ti!~~kf.tff-"mla!lil!.'il'IM;"',"~~""~ r lw~.lIirti l:1]jL]](U Im- .........~ '; t""' 1-'3: I ~ -J ~ OOJ , Ultl >-33: , I-' 1-''1 , C OJ :;Tro -J ~ W"" , " ~ g I-' P , OJ 1-" 16 3:!'l f! ffi~ I-' -J ~ ro ~ ~I-' w 'O~&= is. ro I-' c.< Ule... , i r t""' . ~.. '" OJ OJ I-' . '" . 0' ~ , >, <::> ~@5 gg . n ~ 8': 0 :;: ~ ..... ~ 1-'. ro e: oo.ro ~ en ro fiJ''1 ..,.. '1 ~ ro'1 ~: w I Ul ~ '1 Ul ~ , . ~ OJ ~. , C t>J ... a , 1-'. en 1:1 :To. I rt~ I g , ro . I E'g, I , , I , I-' , i$ I I , en I , 0 , a r:1 pt I 0 , I , OJ , , a , , OJ I , , a I I :;: 1-" H1 ro ",,,",,,,,",,_,, ."X .~~..-__,',,"= ~~, ,"_,~"I ,-",,-W_"~'^"""k"-_,,"'_,,~. ,""~__'-"?,,'9"__'-, "__ ,,,,,,.-~ ,~,.-J. .''"-''"N -f> ~. -. ,,~_ ~. _~" ~-"" "~ -" - ,.. ~-" ~ ~. - ~ " k, 1"1,, .........~i.t"'; . '- SHERIFF'S RETURN - REGULAR CASE NO: 2001-01039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND 81M MELODY J COKER ET AL VS BOUSER DANIEL J RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BOUSER DANIEL J the DEFENDANT , at 0016:35 HOURS, on the 5th day of March , 2001 at 1305 FORREST DRIVE NEW CUMBERLAND, PA 17070 by handing to DANIEL J. HOUSER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So Answers: r'~~ R. Thomas Kline 03/06/2001 GATES & ASSOCIA Sworn and Subscribed to before By: me this "" .,- day of ~~( A.D. q"f" C~~ P othonotary , "," .-li ; I '~ ' _J.......,,! " SHERIFF'S RETURN - REGULAR CASE NO: 2001-01039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SIM MELODY J COKER ET AL VS HOUSER DANIEL J RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOUSER SUZANNE L the DEFENDANT , at 0016:35 HOURS, on the 5th day of March , 2001 at 1305 FORREST DRIVE NEW CUMBERLAND, PA 17070 by handing to DANIEL J. HOUSER (HUSBAND) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 S~;~~~<~i R. Thomas Kline 03/06/2001 GATES & ASSOCIA Sheriff Sworn and Subscribed to before By: me this "1 tv day of n....,. . ,),..... ""'" I A. D . (]~, .tZ /n,P#',-;+J . othonotary ',1-;-'" " I';'~~ C~ ' t h '~~,_I , , MELODY J. COKER, plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. NO. 01-1039 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or Objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 800-990-9108 f MELODY J. COKER, Plaintiff, VEl. DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. ~~ l.M.-ifUMO'iii.r,;: .. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1039 CIVIL TERM PRAECIPE TO DISCONTINUE TO: Prothonotary, Cumberland County Court of Common pleas satisfied. Please mark the above-captioned case settled, discontinued and Date: b-I~-O\ GATES & ASSOCIATES, P.C. BY: 1It1<fM4 f ~@ Mark E. Halbruner, Esqulre 1013 Mumma Road, suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) -- .....~"~-~ ~ . I l ~ I ~" "I <I ~~-~'~~-j MELODY J. COKER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. NO. 01-1039 CIVIL TERM COMPLAINT NEGLIGENCE AND NOW, comes Melody J. Coker (hereinafter "plaintiff"), by and through her counsel, Gates & Associates, P.C., and makes the fOllowing complaint: 1. Plaintiff is an adult woman now residing at 294 North Chisholm Creek Road, Lawrenceburg, Tennessee 38464. 2. Defendants are a husband and wife now residing at 1305 Forrest Drive, New Cumberland, Pennsylvania 17070. 3. plaintiff and her then'husband, Thomas Sim, took possession of an apartment at 214 Third Alley, New Cumberland, Cumberland County, Pennsylvania (hereinafter "the Premises"), pursuant to a Lease Agreement dated September 1, 1998, between Thomas Sim, as tenant, and Kevin L. Fuller, as landlord. A copy of the Lease Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Defendants purchased the Premises from Kevin L. Fuller and Mary L. Fuller, his wife, on or about December 15, 1998. A copy of the Deed is attached hereto as Exhibit "B" and incorporated herein by reference. -._"'~~ ~I.~"~^~ ~ , I., .~.i..J ".j ^-'~B 5. The Premises was an upstairs apartment wi th a single entrance on the ground floor. 6. The entrance opened into a flight of approximately seventeen stairs leading up to the apartment. 7. The stairway was illuminated by two lights that were controlled by a timer. 8. Plaintiff believes and therefore avers that the timer had been set to conserve electricity during the summer but had not been adjusted for the shorter winter days. 9. Consequently, the stairway was unlit for significant periods of time after sunset. 10. Plaintiff and her husband could not adjust the stairway light timer. 11. On several occasions, Plaintiff and her husband asked Defendants to adjust the timer so that the stairway would be lit during their waking hours. 12. Defendants did not adjust the timer or provide alternative lighting for the stairway. 13. At approximately 7 p.m. on or about February 28, 1999, Plaintiff attempted to walk down the stairway in the dark, and after travelling several steps down the stairway, she fell on her I back and slid feet first down the stairway, coming to rest in the landing below. 14. Plaintiff would not have fallen down the stairway if it had been adequately lit. 2 -~~- " , I , '~~ "-'- ,~ -~,,-- 15. Plaintiff has suffered and continues to suffer considerable pain and inconvenience as a result of her fall, including but not limited to a tear in the medial meniscus cartilage of her left knee, which requires surgery and rehabilitation, as well as injuries to her back, left hip and left arm. 16. Defendants assumed the rights and duties of landlord when they purchased the Premises from the Fullers. 17. Defendants owed Plaintiff a duty to provide a reasonably safe means for entering and exiting the Premises. 18. Defendants knew that the stairway was Plaintiff's only means for entering and exiting the Premises. 19. Defendants had notice that the stairway lighting was inadequate to enable Plaintiff to safely enter and exit the Premises. 20. Defendants had the opportunity to correct the dangerous lighting condition prior to Plaintiff's fall. 21. Defendants breached their duty to plaintiff by negligently permitting the dangerous lighting condition to continue after notice and the opportunity to correct it. 22. Defendants' negligence directly and proximately caused Plaintiff the damages described above. WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment in her favor and against Defendants jointly and severally for damages in an amount exceeding the threshold for 3 . " .'. . ~~ '" c_ "" 7 !l!.!d~ compulsory arbitration under local rules, together with costs of sui t, attorney fees and such other relief as the Court deems appropriate. Respectfully submitted, GATES & ASSOCIATES, P.C. DATE: L( - 2S- .,- 0, BY: fUAA~(. W . Mark E. Halbru er, Esquire Supreme Court I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for plaintiff) 4 - ,-~ -. "', I b . !tIIild.!!l't:1l VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of my counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: ~ 1&/ lOG/ ," '" EXHIBIT I' A" ~, .1 ,," '-<~."" ~Ilili-:,; -- " , LEASE AGREEMENT THiS AGREEMENT MADE AND ENTERED INTO THIS (1sti_ DAY 0- :,September 1998) BY AND BETWEEN ( THOMAS SIM ) rlEREiNAFTERCALLED TENANT AND KEVIN L. FULLER HEREiNAFTER CALLED lANDLORD. WITNESSETH: WHEREAS, THE PARTIES HERETO INTENDING TO BE LEGALLY BOUND, CO ENTER iNTO THIS lEASE AGREEMENT, SUBJECT TO AND MADE UPON THE FOllOWING COVENANTS, TERMS AND CONDITIONS 1 PREMISES: THE LANDLORD HEREBY lEASES TO THE TENANT, JOINTLY AND SEVERALLY. IF MORE THAN ONE. DO lEASE FROM LANDLORD THE PREMISES KNOWN AND NUMBERED AS (214 THIRD AVENUE 2ND FLOOR 2 TERM THE TERM OF THIS LEASE SHALL CONSIST OF A one Year Term Beginning TH E 1 st day of Seotember 1998 THE TERM OF THIS lEASE SHALL CONTINUE UNABATED FOR A PERIOD OF One 'l'ear. l.!NDER THE PROVISIONS, RULES AND REGULATIONS SET FORTH HEREIN. AND TERMINATING September 1st. 1999. THE MONTHLY RENTAL AMOUNT WILL SEE DUE ON THE FIRST DAY OF EACH MONTH 3 RENT: ---. " I ,II L' ., I ""'" THE TENANT AGREES TO PAY THE LANDLORD KEVIN L. FULl.ER . A MONTHl'f RENT OF $450.00 FOR A PERIOD OF 12 MONTHS BEGINNING ON THE 1ST DAY OF EACH MONTH IN ADVANCE ATP 0 BOX 216. CAMP HILL. PA17011, OR AT SUCH A PLACE AS THE LANDLORD REQueST, TENANT FURTHER AGREES TO PAY A LATE PAYMENT CHARGE OR RETURNEO CHECK FEE OF $35.00 ON LATE RENTAL PAYMENTS BEGINNING ON THE 5TH DAY OF EACH MONTH. 4. SECURITY DEPOSIT: TENANT SECURITY $450.00 TENANT CARRYOVER FROM 315 OF $399.00 OWES LANOLORD.SS.1.00 TO ACTIVATE LEASE. THE SeCURITY DEPOSIT SHALL BE HELD BY LANDLORD KEVIN L. FUL~ER FOR PAYMENT OF IMPROVEMENTS AND OTHER AMOUNTS DUE FROM TENANT TO LANDLORD FOR THE TENANT'S PERFORMANCE OF THIS LEASE AND AGAINST ANY DAMAGES TO THE PREMISES OR ANY OTHER PART OF THE LANDLORD'S PROPERTY BY TENANT AND GUEST. TENANT UNDERSTANDS AND AGREES THAT THE SECURITY DEPOSIT MAY NOT BE APPUED AS RENTQR AGAINST ANY OTH€R AMOUNT DUE FROM TENANT TO LAN[)LORD WlTHOUT LANDLORD'S WmTTEN CONSENT, AND THAT THE MONTHLY RENT WILL BE PAID EACH MONTH, INCLUDING LAST MONTH'S RENT 01= THE LEASE TERM WITHINBO DAYS FOLLOWING TERMINATION OF THIS LEASE. LANDLORD SHALL RETURN THE SECURITY DEPOSIT LESS ANY DEDUCTIONS FROM IT ON ACCOUNT OF AMOUNTS OWED BY TENANT TO LANDLORD OR IMPROVEMENTS TO SAID SPACE LANDLORD WILL MAlL CHECK PAYABLE TO TENANT OR PERSON SIGNING THIS LEASE TO A FORWARDING ADDRESS WHICH MUST BE FURNISHED BY TENANT IN WRITING. 5. TERMINATION OF lEASE: LAII/DLORD KEVIN L. FUL~ER MAY TERMINATE THIS LEASE WITHOUT CAUSE BY GIVING A30 DAYS PRIOR WRITTEN NOTICE TO TENANT, BUT NO TERMINATION BY LANDLORD WITHOUT CAUSE CAN TAKE EFFECT DURflljG THE 1 YEAR TERM. AFTER THE EXPIRATION OF THE INITIAL 1 YEAR TERM, THE TENANT MAY TERMINATE THIS LEASE WITHOUT CAUSE ONLY BY GIVING WRITTEN NOTICE TO THE LANDLORD AT LEASTl9JFULL CAL~~OA" MONTHS IN ADVANCE OF THI$ DATE .ON WHICH TENANT WISHES TO TE~MJNArE. VllHtCH DATE MUST BE THE LAST DAY OF A CALENDAR MONtH, AND BY PAYING TO THE LANDLORD AT THE TIME THE SAID WRITTEN NOTICE IS GIVEN,ALL RENT DUE TO THE TERMINATION DATE OF LEASE. """'"~ I J~ --,. '> iol!llollj_., 6 RENTAL. INCREASE: After A 1 year term THE LANDLORD KEVIN L. FULLER, MAY INCREASE THE MONTHLY RENTAL BY GIViNG NOTICE TO THE TENANT, THE RENT iNCREASiO WILL TAKE E~FECT UNLESS TENANT SHALL TERMINATE TH: ~E"'SE AS PROVIDED IN PARAGRAPH 5 HEREOF, 7, UTlL.ITIES: TENANT WILL PAY THE UTILITY COMPANY OR LANDLORD FOR PHONE, ELECTRiC, GAS AND WATER LANDLORD PAYS !IIO UTILITIES 8 USE OF PREMISES: TF:NANT AGREES TO USE THE PREMISES ONLY AS RESIDENTAL SPACE AND NOT TO ASSIGN THIS LEASE OR SUBLET THE PREMISES TENANT Ac;REES NOT TO DO OR TO PERMIT ANY ACT OR PRACTICE IN JURIOUS TO THE PREMISES, WHICH MAY BE DISTURBING TO OTHER ADJOINING RaSIDENTS WHICH MAY AFFECT THE INSURANCE ON THE PREMISES OR WHICH IS CONTRARY"'O BY LAW, TENANT IS RESPONSIBLE FOR DEBRIS OUTSIDE THE PREMISES Le TRASH PAPERS. WEEDS, ICE AND SNOW REMOVAL, GENERAL CLEANLINESS AND NON CURRENT BUG INFESTATION, NO PETS PERMITTED. 9 CARE OF PREMISES: TENANT AGREES TO USE DUE CARE IN THE USE OF PREMISES, THE Ai"PLIANCE THEREIN AND ALL OTHER PARTS OF LANDLORD'S PROPERTY. TO GIVE NOTICE TO LANDLORD'KEVIN L. FUL.LER. OF THE NEED FOR REPAIR THEREOF AND TO PAY FOR ALL REPAIRS TO THE P~EMISES, ITS CONTENTS AND TO ALL OTHER PARTS OF LANDLORD'S PROPERTY WHICH ARE NECESS'TATED BY ANY ACT OR LACK OF CARE ON THE P,IlRT OF TENANT OR VISITORS. ALL IMPROVEMENTS (AGREED TO BY THE L.ANDLORD) MADE BY THE TENANT IN THE SAID SPACE BECOME PROPERTY OF LANDLORD. LANDLORD WILL MAKE NECESSARv REPAIRS TO THE PREMISES WITH THE FINANCIAL WHERE WITH ALL, THEREIN WITHIN A REASONABLE TIME AFTER TENANT NOTIFIES LANDLORD FOR THE NEED FOR REPAiRS. TENANT WILL LEAVE PREMISES .IN GOOD REPAIR. WHEN VACATING WILL BE CHARGED FOR C~EANING AND REPAIRS THEREOF ~- ,~ '" ~ l _ L ,l , I ~-,,' -- !Jl-I~"" 10 DAMAGE BY FIRE: IF THE PREMISES AR~ DAMAGED BY FIRE OR OTHER CASUALTY. LANDLORD KEVIN L. FULLER UPON INVESTIGATION BY LEGAL AUTHOFUTIES SHAll DETERMINE FINANCIAL RESPONSIBILITY OF CAUSE AND FAULT TENANT AGREES IF IN FAULT. TO PAY FOR IMPROVEMENTS AND REPAIRS THAT BRINGS SAID TO CURRENT CODE STANDARDS LANDLORD AGREES TO HAVE IT REPAIRED WITHIN REASONABLE TIME BSNT SMALL CONTINUE UNLESS THE CASUAlTY RENDERS THE PREMISES UNTENANATABLE. IN WHICH CASE. THIS LEASE SHALL' TERMINAT': AND TENANT UPON PAYMENT OF ALL RENT TO THE DATE. THE PREMISES IS SURRENDERED AND TENANT SHALL NOT BE LIABLE FOR ANY FURTHER RENT. 11. RIGHT OF ENTRY: LANDLORD KEVIN L. FULLER OR ANY PERSON AUTHORIZED BY HIM HAS THE RIGHT TO ENTER THE PREMISES AT REASONABLE TIMES TO INSPECT. MAKE REPAIRS OR ALTERATIONS AS NEEDED TO ENFORCE THIS LEASE AND AFTER PROPER NOTICE IS GIVEN TO SHOW THE PREMiSeS TO PROSPECTIVE TENANTS AND OR BUYERS. 12. LANDLORDS REMEDIES: IN THE EvENT THAT TENANT SHOULD FAil TO PAY RENT OR ANY OTHER SUM TO L~NDLORD KEVIN L. FULLER WHEN DUE SHALL DEFAULT IN ANY OTHER PROVISIONS OF THIS LEASE.: OR SHALL REMOVE OR ATTEMPT TO REMOVE ANY OF HIS POSSESSIONS FROM THE PREMISES BEFORE PAYING TO LANDLORD ALL RENT DUE TO THE END OF THIS LEASE TERM. LANDLORD IN ADDITION TO AlL OTHER REMEDIES PROVIDED BY LAW MAY A) DISTRAIN FROM RENT: 7ENANT WAIVES THE BENEFIT OF ALL LAWS OR USAGE'S EXEMPTING ANY PROPERTY FROM DISTRAINT FOR RENT AND WAIVES APPRAISEMENT OF ANY PROPERTY DISTRAIN ED. BI TERMINATE THIS LEASE: TENANT SPECIFICALLY WAIVES THE RIGHT TO THE THREE (3) MONTHS NOTICE AND TO FIFTEEN(15) DAYS OR THIRTY(30) DAYS NOTICE REQUIRED BY THE ACT OF ASSEMBLY OF APRIL 5. 1951, P L. 69 OR AMENDMENTS TO SAID ACT P.L. 69 AND AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT IN THE EVENT THAT THE LANDLORD SHALL - .- "" . , [-'~"~ ~~- - HAVE THE RIGHT TO COMMENCE. AN AMICABlE ACTION OF EJECTMENT FOR THE PREMISES DESCRiBEDHEREIN, AND TENANT HEREBY AUTHORIZES AND EMPOINERS ANY ATTORNEY TO SAID AMICABLE ACTION OF EJECTMENT ON TENANTS BEHALF. IT SHALL BE LAWFUL FOR THE PROTI;ONOTARY OF THE COURT INWHICH SUCH ACTION IS BROUGHT AND HE IS HEREBY REQUESTED BY THE TENANT TO ENTER SUCH A'VIICABLE ACTION OF EJECTMENT, ALSO TO ENTER JUDGEMENT FOR THE LANDLORD BY CONFESSION AGAINST THE TENANT WITHOUT ANY STAY OF EXECUTION FOR THE RECOVERY OF THE POSSESSION OF THE SAID PREMISES WITH JUDGEMENT ALSO FOR ALL UNPAID RENT 13 RUI.ES AND REGULATIONS: TENANT AGREES THAT HE AND GUESTSWIU. COMPL Y WITH THE RULES AND REGUL.ATIONS PERTAINING TO OCCUPANCY OF THE PREMISES WHICH ARE ATTACHED HERETO AND MADE A PART OF THIS LEASE. 14. SUBORDINATION: THIS LEASE IS SUBJECT TO AI.;D SUBORDINATE TO THE LIEN OF ALL MORTGAGES NOW OR AT ANY TIME HEREINAFTER PLACED UPON ANY PART OF THE LANDLORDS PROPERTY WHICH INCLUDES THE PREMISES. TO EXTENSIONS OR RENEWALS THEREOF. TENANT AGREES UPON REQUEST. TO EXECUTE SUCH FURTHER INSTRUMENTS EVIDENCING SUCH SUBORDINATION AS LANDLORD MAY REQUEST. AND IF TENANT FAILS TO 00 SO,LANDLORD IS EMPOWERED TO DO SO IN THE NAME OF TENANT. LANDLORD MAY TRANSFER THIS LEASE AT TIME OF ANY LEGAL SALE OF PREMISES 15 NUISANCE: THE LANDLORD KEVIN L. FULLER, H.AS THE RIGHT TO DECLARE THE WITHIN DESCRIBED LEASE NULL AND VOID AND TO IMMEDIATELY TERMINATE ALL RIGHTS OF THE TENANT THEREUNDER IF TENANT SHALL CAUSE SUCH CON~UCT OF ANY NATURE WHATSOEVER AS TO BECOME A NUISANCE TO OTHE:RS, 1 HEREBY AFFECTING THE HARMONIOUS ATMOSPHERE OF THE NEIGHBORHOOD OR TO OTHER TENANTS AFFECTING THEIR QUALITY OF LIFE EXAMPLES: LOUD MUSIC, LOUD VISITORS, ETC .. TENANT AGREES THAT ILLEGAL DRUGS OF ANY KINO ARE NOT PERMITTED WITHIN SAID PREMISES AND ARE GROUNDS FOR IMMEDIATE FORFEITURE OF RIGHTS IN THE ABOVE CLAUS!:S. IMMEDIATE EJECTION FROM SAID PREMISES AND A FULL POUCE INVESTIGATION TENANT FURTHER WAIVES ANY ANO ALL NOTICE OF SAID TERMINATION AND SHALL VACATE SAID PREMISES IMMEDIATELY - .~ JlU ~ ~ ~~~:'.' ~ , 17. PARKING THE TENANT THOMAS 81M AGREES TO ONE PARKiNG SPACES THE TENANT FURTHERS AGREES THAT GUESS OF THE TENANT SHALL NOT BE ALLOWED TO PARK IN PARKING LOT.BETWEEN 315 BRIDGE STREET AND 214 THIRD AVENUE VIOLATION OF THIS SECTION WILL LEAD TO ILLEGAL CARS BEING TOWED AND THE LEASEE: THOMAS SIM IN VIOLATION OF SAID LEASE. '-I .IIIll!IIlilil" 0" '~,~,- ~~ LANOLORD KElliN L. FULLER ...---J ~';--rl.~ TENANTS 110ME PHONE. 770 - () (~ 7 TENANTS WORK PHONE F!RST PHONE NUMBER IN CASE OF EMERGENCY: J'. ~.I"; ";"- ,I >-......., ',0," ;-d~~~ --- , ~ lJ .1 Pet Exemption for 214 Third upstairs One said pet allowable. cor-ditions as set, tenant responsible for cat stains on carpet and said space. tenant responsible for general cleanliness and alleviation of cat odors that might effect adjoining ,,,sidents. Tenant will attend immediately to excessive noise. The tenant ag,ees that pet will not be allowed outside and will be responsible for any attacks of any kind. Tenant understands that the pet exemption is a privilege, excessive complaints of any kind will be cause for cat removal. The cost for thi xemption is $50.00 non-refundable. ~....,..,~~, Kevin L Fuller ,,11"- ,..", .--<-'.- '~" -- ,. EXHIBIT "B" , , ,." ,. I ~ :1""/;.;':.-: __...~a ~.'..'.'.'" '.. ;,'f.;, ,"'.,'. ".,..., wJh,- ;'~/~" ~ ." 011380.00001l12.15.98IRWSIOLM/117578.1 ;l.lP5 l[lb~5 3f~ Tax Parcel No. .;I,S-.~ t/ . De 13-1. .).S-;J<+.oti'I3-IOg DEED Tms DEED, made this I ~ d~ of f)lfc#lflItR , in the year of our Lord one thousand nine hundred ninety-eight (1998). BETWEEN KEVIN L. FULLER and MARY L. FULLER, husband and wife, Grantors, and DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife,. Grantees WITNESSETII, that the said' Grantors, for and in consideration of the sum of Two Huadred Thirty Five Thnusand and 00/100 ($235,OOO.00) Dollars, lawful money of the Unired Stales of America, unto it well and truly paid by the said Grantees, at and before the sealing and delivery oJ these ~ts, the receipt whereof is hereby aclatowledged. bave granted, bargaiued, sold, aliened, enfeoff ed, released and continued, and by these presents do grant, bargain, sell, alien, enfeoff, release and convey and eoQfrrm unto the Grantees, their heirs and 8S5i~ Imol.l: ALL THAT CERTAIN tract or parcel ofland and premises, situate,lying and being in the Borough of New Cumberland in the County of Cumberland and Coriunonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point, the Southeast comer of Bridge Street and Third Avenue; thence in a Southerly direction along Bridge Street, fifty (50) feet to a point on the line of Lot No. \44 un the hereinafter mentioned Plan .fLots; thence in an Easterly direction along the line of Lot No. 144, one hWllfred fifty (ISO) feet to an alley; thence in a Northerly direction along said alley, fifty (50) feet to a point on the line of Third Avenue; thence in a Westerly direction along Third }\.venue. one hundred fifty (ISO) feet to a point. the place ofBEGlNNlNG. BEING Lot No. 145 on the General Plan of the Borough ofNew Cumberland. HAVING THEREON erected a three story office and apartment building mown as 315 Bridge Street, New Cumberland. Pennsylvania. EXCEPTED from the above description is a certain parcel with dimensions of SO feet along Maple Avenue and an even depth 000 feet along Third Avenue. HAVING thereon erected a dwelling mown as 313 Bridge Street, New Cumberland, Pennsylvania. DDDI. iSi P,IC1 550 e e e ,'i ,~ - ""iil1f/i e e e .. r, 'I- '" I ~, ~ ~ \~,. . '~,.~ . IrBol.2: ALL THAT CERTAIN lot of &round with a brick garage and dwelling erected thereon situate in the Borough of New Cumberland in the County ()fCumberland and Conunonwealth of Pennsylvania I more particularly described as follows: BEGINNING at a point, Southwest comer of Third Avenue and Maple Avenue; thence Southeasterly along Maple Avenue fifty <'0) feet, mC)R: or Ius, to Lot No. 144; thcnQe SouthWOlltward11 along said line of lot thirty (30) feet to a poln~ thence Northwestwardly through Lot No. 145, fifty (SO) feet, more or less, to Thlrd Avenue; thence Northwestwardly thlrty (30) feel along Third Avenue to the place of BEGINNING. BEING the Easterly part oCLat No. 145 numbered on the general plan of the Borough of New Cumberland. UNDER AND SUBJECT, nevertheless, to the restrictions, rights of way, easements and conditions of prior record pertaining to said property. BEING TIlE SAME PREMISES which William L. Freeman aIkIa William Leland Freeman, Executor of the Lest Will and Testament of William Newby FreellUln by deed dated July 12, 1996, in the OfT"", of dle Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 1.If:J..... . Volume ---J Page~ granted and conveyed unto Kevin L. Fuller and Mary L. Fuller, Grantors herein. TOGETIJER with all and singldar the buildings, improvements, ways, streets, alleys, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever therelUlto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereofj and all the estate, right. title, interest, property, claim and demand whatsoever Qf it, fhe said Grantors, in law, equity, or otherwise hOwsoever, of. m, to or out of the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said. Grantees, th~ir heirs and assigns. to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. And the said Grantors hereby COVenant and agree that they will wmant specially the property hereby conveyed. BOU~ IS1 rAGE ~Si u; ex> t::J '" ,." C? : I ~ '" '" ." c- "" c :3 c c '" t": ..... , " .' ....., , '. .. u:, " .' '. i: :~J.. '<" '-; "" ",..;...' .'''''1 IN WITNESS WHEREOF, the said Grantors hereunto set their -hands and seals the day and year first above written. COMMONWEALTII OF PENNSYLVANIA Ii! I.d, :SS COUNTYOF~ : On the IS iy of ~, t 998, before me, the undersigned officer, personally appeared Kevin L. FuUer and Mary L. Fuller, known to me (or satisfactorily proven) to be Ute person whose names are subscribed to the within instrument and acknowledged that they executed the same for the pu'lposeS therein contained. ..J.JJJ'I/}l . '~~:;.~. ~~OF,lhavesetmyhandandofficialsea1. ...\f~e"'L....~,,":e', . ,.J . ~ ,;".ii. i' .-1'", ....,....f;/. . ;.';:~, . ~;~ Signed, Sealed and Delivered in the Presence of: . i +" tl.~ ~'C~(SEAL) Kevin L. Fuller M. L- Jiddv, MaryL~er (SEAL) (J~/~Kadt. NoIary Public NOTARIAL SEAL CONSTANCE L. KARl!. Notary Public New Cumberland. PA CUmber~nd Co. My Coaunl"l.. Elcpll.. Apt1l13. 1999 . fy that the precise address of the Grantees herein is as follows: f3~, /'bee"T Of. ~~ 'lC<.<A"",een<"" ?p \~ . .' '\.1... mey for Grantees 3 OOOK :1.91 PAGE 552 e e e , -~~ ~~:.:1 e e - 1-, I.," I... COMMONWEALTH OF PENNSYLVANIA :ss COUN1Y OF CUMBERLAND : RECORDEQln this 4;1 day of ~ A. D. 1998, in the Recorder's office ofth. said County, in Record Sook III . Page b611. . Given under my hand and the seal ofthe said office, the date above written. ~ ~ // 7. :~t7 .j.ecorder v1 &<U4 if ?' ~99!!l9~i!!~~~~ f I n -Ud,!:g, , it I- ili'u a; ~i!! - S.~;S~~ ~ ~ :l! '" =n ~ ~ [ ii31 ~ !;i! ~ _8- ~ ~ ;;1 !IJ= i!ll ~ ~~~ p [)l ;i H l;I ~ - - ;:.'" ~ ro ~ ~a e OOOK 191 PAGE 55'3 "' ~i ~ ~ ~ 18 !l. $:~~ 4 '" ( - ~ ~~~--~~@~ ~ f: - ~g~gg~gggg~ i.': ~ ~ , --,.--~ i~:, I '_L L ',1 ~,'o'_ - ~, -', -, ~~11 .. , . . CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates & Associates, P.C., hereby certify that on this date I served the foregoing document by first-class u.s. mail to the fOllowing: Daniel J. Houser 1305 Forrest Drive New Cumberland, PA 17070 (Defendant) Suzanne L. Houser 1305 Forrest Drive New Cumberland, PA 17070 (Defendant) GATES & ASSOCIATES, P.C. BY: rua-t4{ ~. Mark E. Halbru er, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for plaintiff) DATED: A-pr'1 \ 2 ~ , 2001