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Home My WebLink About01-06170 ~0 THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-6170 Civil WALTER and MORANG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 : LANDLORD TENANT NOTICE TO DEFEND YOU RAVE 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 you 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 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 RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service . ~U.LL AdmlIlltiL.la.Lur Cumberland County El . :'8"Bav- Jt.,50~IQ,An1 $-~.....di~....v~ G ~ _ E ~ L:,b~ /tfJ4uu:- Carlisle, Pennsylvania 17013-3387 ""'; J~".,,}, ~'-"-'T ~ - ''^~'.~ I-I ~ I , ~,1lI!lIIIIIlli " :;it. '. A viso Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia escrita 0 en persona 0 con un albogado y entre gar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA YA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIACION DE LICENCIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMACION LEGAL Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 ;"~~JJ,c ""~i' ,'"< . "f! ."-1- " THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-6170 Civil WALTER and MORANG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 LANDLORD TENANT COMPLAINT AND NOW, the Plaintiff, by and through its undersigned counsel, files this complaint and avers in support thereof the following: 1. Plaintiff, The Baron Group, a Pennsylvania Partnership with an address of 401 East Winding Hill Road, Mechanicsburg, Pennsylvania. 2. Defendants, Walter and Mohang Johnson, are adult individuals residing at 2108 Apt. 106, Cedar Run Dr., Camp Hill, Pennsylvania. 3. The Plaintiff and Defendants had previously been parties to a lease for a certain dwelling located at 2108 Apt. 106, Cedar Run Dr., Camp Hill, Pennsylvania. 4. The terms of the lease expired. 5. Thereafter, the parties operated on a month to month lease. 6. The monthly rent was $620.00. 1',';~(,'1J . ~=, ,,~-- r I ,r-,,","~ - lii- , 7. On October 2,2001, Plaintiff initiated an action before District Justice Charles A. Clement, Jr. for possession of the subject property as a result of the expiration of the lease agreement. 8. At the time of the hearing on that matter, October 18, 2001, Defendant was also in arrears in rent in the amount of THREE HUNDRED DOLLARS ($300.00). 9. An order of possession was filed by Judge Clement on October 30, 2001. 10. The Defendants appealed the District Justice Order. 1l.A Rule to File a complaint thereafter issued from the Prothonotary's office. 12. Defendants have failed to pay the succeeding monthly rentals of $620.00 due from October 1, 2001, to the date of filing. 13. Plaintiff is entitled to possession of the subject premises, and is owed past due rent and late charges totaling at least TWELVE HUNDRED DOLLARS (1,200.00) as of the date of this Complaint. WHEREFORE, Plaintiff demands judgment against Defendant in an amount of at least $1,200.00, with additional rent due on the first of each succeeding month, together with interest from October 1, 2001, and costs. !,(fflll." --":>-""::'1'" , '- , -~ II '!,. I~ " . ~ 0;6 CERTIFICATE OF SERVICE I, Larissa Zearfoss, a Paralegal in the law firm of Nestico & Druby, L.L.P., hereby certify that on the 26th day of November, 2001, I served a copy of the foregoing Complaint on the individual listed below by United States Mail, postage prepaid, first class, addressed as follows: Walter and Mohang Johnson 2108 Apartment 106 Cedar Run Drive Camp Hill, Pennsylvania 17011 ~~~~ !'_?_-_~I!l~~ "to '" " ,-', ~ -r 'I -10 VERIFICATION I hereby certify that the foregoing is true and correct to best of my personal knowledge, or information and belief as all of the information contained in the foregoing complaint has been provided to the undersigned by the Plaintiff in this matter. This verification and statement is made subject to the penalties of 18 Pa. C.S. Section 4904relating to unsworn falsification to authorities. Date: (r/ :Jc~ ( ( i-<"~~~ ____I " ~,--~, -'--' -,' ,,... " " [I l' '.,- -, 'T" . --~ -""'" .": By: f"[J!>DR,'I",~ "I '-~_"'-"('~""'" -- <, ",_~r' I I' Respectfully Submitted, Anthony J. 840 East C late Avenue Hershey, Pennsylvania 17033 (717) 533.5406 (717) 533-5717 Attorney for Plaintiff / r y, ~ ! I . 1"'. ~ 1Tl ! 1 i -(i~rT '" ..",,!-~~~~ ~=_.~ .- 0 c' 0 c " --"'" z: ''T1n-; C::) ~C~ ...., "t.::: -- ~" Z;C "" yl OJ "';:_ 0' C) -<,,:':. () r:::C::J "1) "j :B ::;;:-. "':0 -.. "j -". ,. L(-;" d PC r-:--..) t~~ rn Z Wl .;:! :< SJ ..,.. -< -tI tv f\S ,~~_~l~~,~~;~\fflf~!'llIM'~:"""'1'?'.'~.I""!J~!j@~U(!t!Wfi1f,!jf'%"fW\,",';"~'1il'j""':1""'-"~"l";"'''W;~'<F*~~m~~{'1l~~~1l,lk'tJ!'i!Wi!~~JI~~~~&~.)! ~ NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 61- bl'70 e <.X.CT €lZ..1. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Cornman Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APf'ElLANT Walter Johnson and Maeng Johnson ....... OF API'EUANT 2108 CEDAR Run Dr., Apt. 106 tlA.TE OF JlIlGM&U IN THE CASE OF (Plaintiff) MAG. Dlst N R NAME OJ. CTY Charles A. Clement Jr STAT!: ZIP CODE Carn Hill (~) PA 10-18-01 he Baron Grou ~ Walter Johnson and Johnson NO SIGNATURE OF APPElLANT R HI~ ATTORNEY OR hili];) Briqanti CV12 Irvlne ROw LT 19 LT-582-01 arlis1e PA 17013 7 ..2 3- '1 'Pt1 This block will be ~gned ONLY when this notation is required under Po. R.C.PJ.P. No. If appellant was CLAIMANT (see Pa. R.CP.JP. No. ~~8~tice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS ta the judgment possession in thi ase. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. (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 The PRAECIPE TO ENTER RULE TO FILE COMPL~INT AND RULE TO FILE 1001 (7) in action before District Justice. Baron Group ,appellee(s), to file a complaint in this appeal Name of appeIlee(s} (Cornman Pleas No. 0 I - 1_ /? D C/u i L '7e.. EIl>>-\ within twenty (20) days after 4ice of rule or sufle ~~ ;;:~ ( Enter rule upon RULE: To The Baron Group Name of appeIlee(s) , appeIlee(s). . (1) ~ou are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the date of servICe of thIS rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date of service of this rule if service was by mail is the date of mailing. Date:()d- ~,~-'JP.o1 "-- a~'J{!' cn;J)~~ AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY \"1'~,^. " ~ " 1 ,'P.. "" r r- l' --~~ PROOf Of SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This proof of servioe MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; S$ AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. . , upon the District Justice designated therein on (date of sarvice) 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. and upon the appellee, (name) . on . 19__ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that i served the Rule to File a Compiain! accompanying the above Notice of Appeal upon the appellee(s) to whom Ihe Rule was addressed on , 19_ 0 by personai service 0 by (certified) (registered) maii, sender's receipl attached herelo. SWORN (AFFiRMED) AND SUBSCRIBED BEFORE ME THIS DAYOF___, 19_ , Signature oi affiant Signature of official before whom affidavit was made Title of official My commission expires on ,19--_ ~ () ::::> 0 C '-n ~ s: 0 -~j ~ iD -00:; n ~.-' ~ ~fT: -l ~ [ :D -'_--lfTf z:;:- 'I',) ~.;; c)v, ,::.~~~~: "- 8 !;2CJ -0 j'~ 1~- -.. w -D ~o 3: ~j~~; '\:1 D () 5>0 w 0 P- C -.. t z ';:;! ~ 0 .:< ~ ~ & (,;> \ ~jllii~~~~~i~,,{,"'Tff~~~R~R~~~f_~~~;J'''~~::--';'-;''~''-' "";'- .. THE BARON GROUP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. WALTER AND MAENG JOHNSON Defendants 1_(.,17D NO. () CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Walter Johnson, Defendant, to proceed in forma pauperis. I, Philip C. Briganti, attorney for the party proceeding in forma nauneris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ~1~ Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i"~,~.< '-. _ _,,,, "':,'5' (:,.,,,,[,,,,,:,_>;:'1""" "",1'1 :,r,~'" -, ,roo_, "1"'1 '_~', " ,. , ,-1-'-''< " .--- ~""-- - .-- THE BARON GROUP, Plaintiff : IN THE COURT OF COMMON PLEAS OF WALTER AND MAENG JOHNSON, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : J (70 : NO. Ol-Ip CIVIL TERM AFFIDAVIT 1. I, Walter Johnson, am a defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Clement on October 18, 2001, awarding Plaintiff possession of the apartment in which I reside and a judgment for alleged back rent. 2. My rent for this apartment, located at 2108 Cedar Run Drive Apt. 106, Camp Hill, Cumberland County, Pennsylvania is $620 per month and is due by the 1st day of the month with a grace period until the 10th day of the month. 3. I verify that the statements made in this Affidavit 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. Date: /1; /,;l.6~ I f , J'~~_~Ii'J~ ,'___ "_~~",_c_ _ y~_",_ ,"",,,.,,,,,0'""1 C"",' -I'-!' ,..,','----~'''- - . COMMONWEALTH OF PENNSYLVANIA . COUNTY OF: CUMBERLAND Mag. Dist. No.: . NOTICE OF JUDGMENTITRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS 'THE BARON GROUP "I 401 EAST WINDING HILL ROAD ~CRANICSBURG, PA 17055 ..J VS. 09-1-01 OJ Name: Hon. CHARLES A. CLEMENT, Add",,, 1106 CARLISLE ROAD CAMP HILL, PA JR. I T"'ph"" (717) 761-4940 17011 DEFENDANT: NAME and ADDRESS IJOHNSON, WALTER/MORANG 2108 106 CEDAR RUN DRIVE ~P HILL, PA 17011 Docket No.: LT- 0000582 - 01 Date Filed: 10/02/01 .' "I WALTER/MORANG JOHNSON 2108 106 ~AR RUN DRIVE CAMP HILL, PA 17011 ..J THIS IS TO NOTIFY YOU THAT: . JUlilgment: .... FOR PLAINTIFF' [!] Judgment was entered for: (Name)' THE BARON GROUP Judgment was entered against. " JOHNSON, WALTER/MORANG [iJ Landlord/Tenant action in the amount of $ 381. 50 on 10/18/01 The amount of rent per month, as established by the District Justice, is $ . The total amount of the Security Deposit is $ .00 Rent in Arrears .... .... '.' ...... Total Amo$nt EstablishedsU H~ oije~ $ Security Deposit A~~IWd = - $ Adjudicatedllffio.uBh P..hY. s.ical D.a.m a.ges.' Lea. s.e.. h.ald. props. rty $ .' ..' ..' '. .00.' . $, .' '. .0.0 =. $ . '...; 00 . Damages/Unjust Detention" .......$.. . .... _ 00,-:-:$ . OO~$. _ 00 . "^' . ." ,," ,.., >-, .,',' '.",,- Less'AmtD~e.Defendantjrom:.Cross Gomptajnt ..~.-:$-, '~",':' 6 00 ,. . . , "Interest (ifprovidedbylease) $ _ 00 . ',utjudg!l1~nlAmount $.. ,30000 Judgment Costs $ .' 81. 50 . AttorheyFees . . . $' . . '00 lotalJudgment . $ 381.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ y Ime 0 eVIC Ion. D Defendants are jointly and severally liable. in a . (Date of Judgment) 620.00. D." "Atta:ChmentPrdhibitedl:':. . Victlmof Abuse (Act 5,1996) . .... " D" Thi~case dismissed ";itho~t prejudice. [!] Possession granted. D D D D Possession granted ifmoney judgment is no sa IS Ie Possession not granted. Levy is stayed for . days or D generally stayed. Objection to Levy has beeh filed and hearing will be held: Date: Place: Time: ..... .... . INAN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSiON WITHIN, TEN DAYS AFTER THE OAT. EOF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE P,.RoTk'dNQf)(RY/CLERK OF CO.URTS .'..' .... , ;.,.',._.,k,._._" ._.". __,_.". OF.THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL ~T!:!E MqNlOY....UO@ME:NT, IF ANY; IN ',,,,' OBDEBTO OBTAIN ASUPERSEDEAS, THE APPELLANT MUST .DEPOSIT WI~H THE !'.ROTHoNOli?:~,!I<::lEFl~.o" COUJ<l,TS'THE lESSEBOF., .' THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL ISI;!LE'fJ,:,,::,,} .,~."".;.,; ',' IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL'lI;AS!l\ THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEA'L WITH THE p'RofFIbNOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVI~ION. ? ' , . , /if"," ,: ' THE PARTY FILING AN APPEAL M~T 'l"C,LU9l' A CPfY NO MENT/TRANSCRI~T FORM WITH THE:NOTlCE OF APPEAL. 10/18/2001 Date ~ L{. "', , Dis,trlctJustice cartl y t at t IS IS a true an correct copy 0 t e recor 0 t e procee Ings containing '~,Ju(JlT)ent. ~ ,,-.' -' ~ ~ Date , o'islrit:lJustice My commission expires first Monday of January, 2002. Anpr.::l1FiA.QQ SEAL ;"';'>(Ij!F~"'''''?'i'f~~ll\!!II, _ ,,: ,,_,_, -~, 'r I'" "~, -- ~, ,,~~- ~f""'l-~" .:ri:U COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS . "",,,.., P'"'',"U~'"'"..h'~~.''.,''' _"~"" ~-.., .~, ',_" .".._..._,_"~,_",".",,,,,,l!l!."'<",,,"",,,,,,,,,, NOTICE OF APPEAL FROM DISnllCT JUSTICE JUDGMENT COMM()N PLEAS "0. ':)/- Ie, 1'7 0 CO\L~,1.~ NOTICE OF.APPEAL Notice is given that the 'appellant has filed in the abi:>ve Court of Common I'leas an appeal from the judgment rendered by the District)ustice an the c1a1e and in the casernentiontld bel<>w. . . .. JUDICIAl DISTRICT NAME OF API'EUANT :i'illcer J'onmmn and JVialeng Johnson MAG. 0151 NO. OR NAME Of OJ. ADDRESS OF APPELLANT CITY CharlE!S A. Clement Jr STATE ZI' CODe 'I~' ',j (I F CE; D An Hun DJ;., Apt. 106 IN niE CASE Of (Plaintiff) i'he Eiaron Group Camp Hill PA D4TE OF .IlIDGMENT 'i; ""p_.' 8-01 ClAIM NO. (Defendant) 1 7 011 vs. \'Ialter J'ohrlson 'and" lfaen Jonnson SIGNATURE OF_APPELLANT R HIS, An, OlNEY OR,.~~. ~T. .' /' hilip Briqanti /frt:. (, CVl9. IrvLne ROW ? LT 19.... . arlisle PA 1701 ~ 7 7...2 5' 9' ~p This block willllll"!lg~eNlY..vtie"..~ nb\llilidA>,s requi~dunder Po. R.c.PJ.P. No. If aPPel/ant waS CLAIMANT (see Pa. R.GP.JP, No. ~?8~otice of A~k~h~~~.j...e~'~;:';~:..b2\l,ift JUstice,' viill operale as a '/001 (6) in action beforepistrictJustice, he MUST SUPERSEDEASta'1~il!lgme".t,;~;~~Si~M~ ,;i1~e..... . . _FILE;~COMPLAINTw;thintwentY(20-)daYSafter ." ,'" "., .,C',. , . filing hiS NOTICE of APPEAL ., ~aJJteGf 1Jj>~,~ I), 1', ~. " ~. ,.: i; " ' .lET. > "RULE TO FILE COMPLAINT AND RULE TO FlU , . '" -,' {i -, '. ,r '~-'.-, - :"'~' ..- ;-"''', ';,"^,,,'~ - (This section of foon topd'~(PN!,:;" W6!.a~iiPellantwas DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from cOpy"?)'f'/iJWiJljof appeal to be seNed upon appellee). PRAECIPE: To. Prothanatary 'rhe Haron' Group . appellee(s), to file a complaint in this appeal Name of appeIJee(s) (Common Pleas No.()/- (~17D 01.>;/ T~within twenty (20) days afte~>se:ice of rule/suffer. ntry of judgment of non pra~ / :) ( . . -(I- : Si~ of' appellant or his attorney or-agent Enter rule upon ,:;",;':~~"'\:',~--':-,r\.',> )- _ ' ......~;,;~i~ijT\t~\1~~rO~l ..Group., ," " '., '," ". '.: .." ,\, ~!~( aPPe/ioe(s} '" , appellee(s). RULE: To . :',' > " .. i , < t , . , . N:)PC 312-84 C.OURTFILE . ",,,,,,,;,.,,q'J,*~%<" ~;",,","~~~_,o~~ 'I');y,.t. ~'!':'I"~~~'~_.""'" ~f",' '''''i"'''''"-~''''-'~'''"-''''''''~-''' ,._~ ~-- "-''l~~-','?_'!!.''V.;:""""",,,~.,_ _~_--">"""",,...,-= ,~ ~ _.~~~ ~c ~ _ '"" ;A'If$ PROOF OF SERVICE OF NOTICE OF A.PPEAL AND RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WiTHiN TEN (10) DA YB AFTEH filing the notice of appeal. Check applicabl!l boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C CiIl16,r-/",.,oI ; SI AFFIDAVIT: I hereby swear or affirm lhatl served C ,'vi! r;,r"",- [l:'l';; copy of the Notice of Appeal, Common Pleas No. 0 {- (1'70 , upon the District Justice designated therein on (date o/service) I tJ~.z9'--OJ . , by pel)l9nal se'Vi&,1:3'1lY (certlfied)~~mail, sender"s receipt attached hereto, and upon the appeilee, (name) 7J..,e_ /tiq.-(?V\ ""'I ___, on fa - 2q ,"if!!..20ClI 0 by personal service 01ly (certified) (~~ mail, sender's receipt attached hereto, I!;j-'and furlher that I served the Rule to File a Complaint accompanying the above Notice ot Appeal upon the appellee(s) to whom the Rule was addressed on I" - ;l 't ."'m ..2c17/ 0 by personal service Ul--l5((Certilie~_,j)., mail, sender's attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .'10___ ~r c ) 1" r e--t.-&~__iff" ~gnature of affiant -~. Signawre of official before whom affidavit was made Tille oi official My co;nmlssJOfl expires on o c s:: "OtD p;Jrp Zt: I verify that the statements made in this Affidav~~ are true and correct. I understand that false statements ~~ herein are made subject to the penalties of 18 P.S. section~8 4904, relating to unsworn falsification to authorities. ~2 -I -<. o Cj -on . 19..--__ c=> ,..., .-\ W -! -,CG -v ."- ~. '---~' '1,,.!... ~:\~~ 6h~ -1 ~ S .-<; N ....... '"' .. ,. " . ~"~ j]~]i:li!__~!~~~~111','R"<!r~3JWi,,-mf";'1f,:?-~;t'<-:0r,;;:"!.,q-j:;_';:'~" '.,'<" ' -""'_'e"'-,''-' ::-j ,." 1SJ '" ! ru '" ...I] 'M 0- , CI M CJ CJ CI J'- ...I] M CI CJ CJ J'- ~:~',~""~!W~J!I(;~ ,,- CI ...I] '" ru '" '...I] 'M IT'S: 0' M' CJ CJ Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $0.00 $ $3.'. CJ J'- ...I] M Total Postage & Fees S€!Jl..[o __.~"_~~~_-__-c~~'~'~;_:"_mm.___ I Y\e. k'COO hr.olUJ...mnmmm r::r -St;eet~AP.CNo.; or PO ifox No." \ Hu..Q ed ~ .~8.'kEtr"t.Wlr0JL\5""ri'i~;5s.n......m.nnm.nmn Postage Certifie.d Fee , Return Receipt Fee (Endorsement Required) $1.50 $0.00 Restricted Delivery Fee (Endorsement Required) ) Total Postage & Fees $ 0.9" 5 ,#-// ././ t;5tYIC+ Jl.lstlc.e..Q0l<T \e:; C:letn.eI\+:Jy-'-" - :S\l~L~i~~:~;[~"\tX:NM::n:::::.mnn.mmnmmnn.mnm C' ,s"",z/H~I p, not' '.mmn..mnm mm.m__mmm__. - _,m" " Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA THE BARON GROUP, v. : CIVIL ACTION - LAW WALTER JOHNSON AND MAENG JOHNSON, : NO. 01-6170 CIVIL TERM Defendants NOTICE TO PLEAD TO: The Baron Group, c/o Anthony J. Nestico, Esquire You are hereby notified to file a written response to the attached Defendants' Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be entered against you. / hc/& Q. , Date ~( Counsel for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 -^'m~ -, ",-r.,."--, 11-' , ~ ,=, ~~~'" Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYL VANIA THE BARON GROUP, v. : CIVIL ACTION - LAW WALTER JOHNSON AND MAENG JOHNSON, : NO. 01-6170 CIVIL TERM Defendants DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COME NOW the defendants, Walter Johnson and Maeng Johnson, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, and raise the following Preliminary Objections to Plaintiffs Complaint: Demurrer 1. In Paragraph 13 of Plaintiff s Complaint, Plaintiff alleges that Plaintiff is entitled to possession of the dwelling it leases to Defendants. 2. In Plaintiffs Complaint, Plaintiff does not allege that it served a notice to quit upon Defendants, or that said notice was waived by the parties' lease. 3. Pursuant to 68 P.S. 250.501, in order to repossess the rental premises, Plaintiff was required to serve a notice to quit upon Defendants. 4. Plaintiffs Complaint is legally insufficient to state a claim for possession of the rental premIses. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed, and for such '~'!''0'1'1'~ r,'r, r ':'""~ ,,~ 1'-1- -! ~\ " 1- ,-, other and further relief as this Court may deem reasonable and just. Respectfully submitted, ({;//J(~. b 4tiliP-;-~;anti /(7/- Counsel for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~T~~'f~ < 1" -"", ,r,~, 1-""1 ~^ . VERIFICATION I, Walter Johnson, hereby verifY that that I have read the foregoing Defendants' Preliminary Objections to Plaintiffs Complaint, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. ----- . ~ DJ-- 'f~~~ ." <.~. IF' IOC-I~"'" !' ~"'''''F' - i! CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this /CJvJ'- day of January, 2002, serving a true copy of the foregoing Notice to Plead and Defendants' Preliminary Objections to Plaintiffs Complaint upon Plaintiffs counsel at the following address, by first-class U.S. mail, postage prepaid: Anthony J. Nestico, Esquire NESTICO & DRUBY, LLP 840 East Chocolate Avenue Hershey, PA 17033-1213 ~gf-~ ~ Counsel for Defendants MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i~.~Il"t~.." '''1 , ," 'T-I _. ~._- ,~ ~~ "".-".".-.."" .",<,,- - , "'" -'~ ~-~". '" \--, "'''' ,'";;.,,, ",-"--,-,,,~,"'~""-" """""...".",m, 0 0 '-'-, ~~~ f"",) ,--j- , l U I'n ,d.::: -- :'T; /- Z f--- (f) :':- C::l ...---;.." ~C~.~ '," ~~3 {,..) ~;.: ="1 .:.) .-<; (J") ~J '~. "-"'liiI!iIir I~ ~f1''''''''' ~ _."",...~ WO. __ ,.., ~ '_~~;'f:'!_\'f~!'i'?~;0i>'.p+_~-;:-O-''''i~i''Q'irJ'''''-->E'U':'_'';fi''Tf~;f$':Wl:~1U~~''F'<mlW""u~~!!?'''111ri{1'~~~~.iI'~.~,rgi .. '. THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01.6170 Civil WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this Z2.d day of ~ 2J> \J>> 1 ' 2002, upon consideration of Plaintiffs Petition for Release of Escrow, a Rule is hereby issued upon Defendant, Walter and Maeng Johnson, to show cause, if any there by, why , 6u \lICe. they should not be directed to release escrow to Plaintiff within 20 days of ~ d~te nf.-t41.ili Of'Q@r. ...~ itL 3alH...l~Ull~ Lv UC; ~~.up63Ea UpolJ. Dc;fcllJetut, u{Jgrl furtl)~r applieaticm. of th.:;Plaintiffs, f-or fffilUlG uf D...f...uJduL Lu cuwply in full "in, Lhfti Order.- " BY THE COURT, ir"~r,,_,1'l.'_"l" "'r-'" ,u ~,<" r"~, _ ,;,." .'"[-,r ~ ,;12,-" -''''';'~i!l!liliiM~~!;i-'ii1f~~ilillmU\;!llii~~l\J,J~'l%il'';:V':1iti"'~'''<''\!~'~~,&ll~''--";-:;.i""',",j-'~;-"IiY-Mi8t" ~.-l~_ ~l ~lJIi' ~3 F\LED..,j)-llCE ":Y"~'Y1\lr'T'\RY OF . ~.,. i _.1 IL,.!,,..t 02 .IAN 23 fiJ1IO: 5! CUMBERLN'jD COUNTY PENNSYLVANiA ~ .. .' ,~~ " ,_" " "W"",,",__ _<, ,_ '_~">M,~'",'''''''''~'___ 'r'~'_""'~_~ "',' '-T'_'" _"""""",._~_,,,.~_,,,,,,,,,~__,,,,, ,__ _" ""'"'_"__" ,. .","",,,,, "'"" "'''''''" .",~"",_" _~ M, ~'-_',Y, " ."" .".'f""'" _~. ',_,',",~~"^ __ ,~, .,_ ,,_,,__, ~~__<''''o~,~ . " - i"1 ~> ~ '~\! i ~ . "- ..,. ~~~=_~, ,_,., H~"~ THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plain tiff v. WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 Defendant AND NOW, this #" J, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 01-6170 Civil JURY TRIAL DEMANDED ORDER day of , 2001 the Plaintiffs' Petition for Release of Escrow, is hereby granted. ':~_~W"~~,..", ',r>' - f" ","t,_-_-~ ,-~_ ,,-'" .~,' ~_'"+ I'~ BY THE COURT J. 'H . . THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plaintiff IN THE COURf OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-6170 Civil WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Walter and Maeng Johnson c/o Philip C. Briganti, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 You are hereby notified to plead to the enclosed Petition for Release of Escrow within twenty (20) days from service hereof or a default of judgment may be entered against you. Dated: 1/ ~-'o~ By: Anthony Ne tieo, Esquire Attorney LD. o. 58868 840 E. Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff '-"~-'f11'+~, ". ~-, ,~ c'" _~, __ ., _ - -"'1-' I -- ,,; ~ c ., -, ~ THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-6170 Civil WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 Defendant JURY TRIAL DEMANDED PETITION FOR RELEASE OF ESCROW AND NOW, the Plaintiff, the Baron Group, by and through its undersigned attorneys, hereby files this Petition for Release of Escrow and avers in support thereof the following: 1. On October 2, 2001 Plaintiff initiated an action before District Justice Charles A. Clement, Jr. for possession of certain real property located at 2108 Cedar Run Drive, Apartment 106, Camp Hill, Pennsylvania 17011. 2. A hearing on the matter was held on October 18, 2001. 3. An Order of Possession was filed by Judge Clement on October 30, 2001. 4. The Defendants thereafter appealed the District Justice's Order. 5. The Rule to File Complaint thereafter issued from the Prothonotary's Office. r""'~~lWi\.~,~ '-t ,~3~''''''''','~'\ .,', ',0' , ,I-,'I~ ~~ 6. According to counsel for the Appellants, Philip c. Briganti, Esquire, the Appellants have, since the date of their appeal, paid their required monthly rental, together with the rent in arrears as of the date of the hearing, into escrow before this Honorable Court. 7. The monthly rent due and owing from the Appellants is Six Hundred Twenty ($620.00) Dollars. 8. The Appellants currently owe Three Hundred ($300.00) Dollars for the month of September, Six Hundred Twenty ($620.00) Dollars for the month of October, Six Hundred Twenty ($620.00) Dollars for the month of November, and Six Hundred Twenty ($620.00) Dollars for the month of December. 9. Hereafter, the Appellants will owe Six Hundred Twenty ($620.00) Dollars each month on the first day of the month until possession is returned to the Plaintiff. 10.To date, the Appellants currently owe Two Thousand, One Hundred Sixty ($2,160.00) Dollars in past due and current rent. Therefore, the Baron Group respectfully requests that this Honorable Court enter an Order: "\!-"i~WI~~).~_. ,_ 1_. rY~,;"t"',_r,,,_,;,, roo,., '--', Y>,',_,", _ if_-",- _'I-. _I . ,'. ",., . A. Releasing Two Thousand, One Hundred Sixty ($2,160.00) Dollars from the escrow fund to the Plaintiff representing past and current rent; B. Directing that the monthly rental fee of Six Hundred Twenty ($620.00) Dollars be released from the escrow fund on the first day of each month; and C. Scheduling a hearing on the trial of this matter at the next available date. Respectfully submitted, Date: J- 3/D}- By: Anthony Attorney . . No. 58868 840 E. Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff ''f~~' ~", -"',~,~' "C,- - ;_ ~J" . e. -'.1 1_ 1 " I ~ - ", ,-" 1--",. CERTIFICATE OF SERVICE I, Anthony J. Nestico, of the law firm of Nestico & Druby, L.L.P., hereby ~d ~ . certify that on the ~ day of January, 2002, a copy of the loregomg document was sent via First Class U.S. Mail, postage paid, to the following: Philip C. Briganti, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (lAf~~ I/l<7LzI;n Anthony J. Nestico cjtf:_ -1'- -->"".--'C". '- ,. '-."-~ - I -'I _. 0__ . . VERIFICATION I hereby certify that the foregoing is true and correct to best of my personal knowledge, or information and belief as all of the information contained in the foregoing complaint has been provided to the undersigned by the Plaintiff in this matter. This verification and statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / - 0 ;)-o;}- "";-i,8l!'lII-'ff~_" _ __~, -F^"'-- , !,~ "",.. _-r',_~_':1 _ -.~F ,,'. ~~, 'I,' 'I~ ., " " ~<-"'-~".',,,,,,"'-k'~__" '._"'_''''' . . - ,,1-":' ,<> 0~,' ,-=C~'_ "_~_"~_;"C J -,',;YOI-"l"" - ,- -'"'''''j'A'''- iI~"~i./ ,- '--!""G~-"'.:-~'rjf';11;1i~t''fiC{;."n~j'f:-:~tY1f'fc~'-A':-'f:-llj;:0~i~>~i~~'iii't~l;'-YY~'~'~;ff_G~~'ii; ~ CP 0 C:i' S~ il C f"0 1f: D ~;'- -r);-~: .- z: [I}r~~ :":-';l> -+- p ""--.::/, ., r "7. (' "1 ~~-- u: [\ ~ r:=:c.:.. .-- G _).-"0-_. ""'0 zl..._/ ;3 >CJ (..) c: -:r.:> z :.,> t"" =2 Y? Sl..... --;. u:> -" ~1r _~~.,'~~~~ff-lW;!mt~"'\-m~!l'J!"'''''!'~'iI''''-'!I'';1,-,'1~;~;'''''''l'i'''~'''~AiF>ilO""~'iil'I/"'''!:'''''l;';:rn~~~!''!m!f'?',!t~'F;1!!>~~~;J,;J]f_,_f!~~~/~ THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plaintiff v. WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 Defendant TO: Curt Long, Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 < IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 01-6170 Civil JURY TRIAL DEMANDED VERIFICATION I verify that on the 241h day of January, 2002 I sent a copy of the attached Rule to Show Cause as service upon the Defendants' counsel, Philip Briganti, by First Class U.S. Mail, postage paid. :dkm '!~~J$'~r-r":C '''! "1,' _'_"_t.~(c -. "'+",,7 .--,~-"" ---II . t ~ ~ , ,..,.. ---.- .---- ,~ . THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-6170 Civil WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this J.]...\.day Of~, 2002, upon consideration of Plaintiffs Petition for Release of Escrow, a Rule is hereby issued upon Defendant, Walter and Maeng Johnson, to show cause, if any there by, why St.Y"LJI'c..~ they should not be directed to release escrow to Plaintiff within 20 days of the dutc of this Order, ',~ith sanctiOl,3 to be imposed upon Dcfend:Hlt, "rrn, f"rther a-pplication-e>f th.:: Plaintiffs, for faihre of "efe'l.rl"nt to rnmply in full mith this Order. BY THE COURT, If q &')'"'1; (00),,,9- J. <tJ~~ Q.~(;Z~- . .' -.. -. , ""-<I"'\"~:, -~.' ~"." - \" , ',. ~.~ :'1 "Iii ~." "".'.."_'0 0"'" ~,>-. H c,,~'^> ^.~, " . ,,,. , ^ ." """"",,'wo,'^"w'l~ ",,-., ''<T'I''1jilllf"T"^liml~]ll'' ^ ,"^ ^ lnm:iY''')'"l' ,^ 0 c. C t<l ~::;". (~. ""Om ':~'"" rn- fT; Z:T' ~~~_: ~" 'D <c - ~C) r'-'- =C"" >~ \.,0 ~--" C 2~ -l ::;J ...j ?i:J , -< 0> B# "I, u. _,.,",,.~mlh",._,,,j'<""~' J l~U~,7f!"f-'';,-~_'" ''"1' _~_::l_~If.-"1\~'1!iI,ll'Mj\ _. flj__~UHJll.~~~~'MI"';M'i!~<iF"'''' "P1'<'~]"""F't';f~%'1'~~~~~~Rii~>;";~'f'\'il"'~~~_i~~t~1~~~: 'W , , t . THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLV ANlA v. No. 01-6170 Civil WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 : LANDLORD TENANT NOTICE TO DEFENlD 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 you 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 ajudgment may be entered against you by the Court without further notice for any money 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. Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Aviso Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. ["\k'":~":'__~'>1 -'''-e"'-''~_'~__'_''''_-"~'-' -T- 1.,9, " ~ Hace falta asentar una comparesencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlATAMENTE. Sl NO TIENE ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDESE PUEDE CONSEGUIR ASISTENClA LEGAL. ASOClACION DE LlCENClADOS DE FILADELFIA SERVICIO DE REFERENClA E INFORMACION LEGAL Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 i~C';-~i~~~, :,,_, I" __;" ,,_,~, _ ..-, ,-r',,- ,. , -, -~ ,. ,_,~_,~ ~. 'I' ~ c' 0.' ~ __ THE BARON GROUP, 401 East Winding Hill Road Mechanicsburg, PA 17055 Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-6170 Civil WALTER and MAENG JOHNSON, 2108 Apt. 106 Cedar Run Dr. Camp Hill, PA 17011 LANDLORD TENANT AM I:/V Jl€JJ COMPLAINT AND NOW, the Plaintiff, by and through its undersigned counsel, files this complaint and avers in support thereof the following: 1. Plaintiff, The Baron Group, a Pennsylvania Partnership with an address of 40 1 East Winding Hill Road, Mechanicsburg, Pennsylvania. 2. Defendants, Walter and Maeng Johnson, are adult individuals residing at 2108 Apt. 106, Cedar Run Dr., Camp Hill, Pennsylvania. 3. Plaintiff previously filed a complaint in response to Defendants' appeal of an Order of Possession entered by a District Justice. 4. Defendants filed preliminary objections to the Complaint on January 10, 2002. 5. The Plaintiff and Defendants had previously been parties to a lease for a certain dwelling located at 2108 Apt. 106, Cedar Run Dr., Camp Hill, Pennsylvania. 6. The term of the lease expired. ;i~if"'~I" .~. '": [--I , "':' , c' , ,-, - ~~,-, :' f-~'!'~" ~'c "'~', _, '-'_';_ 7. Thereafter, the parties operated on a month to month lease, but pursuant to the terms of the lease. 8. Pursuant to the terms of the lease, Section B, paragraph 8, tenants waived statutory Notice to Quit. A true and correct copy of the Lease is attached hereto as Exhibit "A". 9. The monthly rent was $620.00. 10. On October 2,2001, Plaintiff initiated an action before District Justice Charles A. Clement, Jr. for possession of the subject property as a result of the tenants' default and expiration of the lease agreement. 11. At the time of the hearing on that matter, October 18,2001, Defendant was also in arrears in rent in the amount of THREE HUNDRED DOLLARS ($300.00). 12. An order of possession was filed by Judge Clement on October 30,2001. 13. The Defendants appealed the District Justice Order. 14. A Rule to File a complaint thereafter issued from the Prothonotary's office. 15. Defendants have failed to pay the succeeding monthly rentals of $620.00 due from October 1,2001, to the date of filing. 16. Plaintiff is entitled to possession of the subject premises, and is owed past due rent and late charges totaling at least TWELVE , - f"""I- ',- .' ~, 1--- """ nr 'f~f~'i. ~'-' -~--- " HUNDRED DOLLARS (1,880.00) as of the date of this Complaint. WHEREFORE, Plaintiff demands judgment against Defendant in an amount of at least $1,880.00, with additional rent due on the first of each succeeding month, together with interest from October 1,2001, and costs. Respectfully Submitted, By: , Anthon 840 E ocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff - , _~ '-u ,- y"."'" _ _ . ~ ,t ....--- CERTIFICATE OF SERVICE I, Anthony J. Nestico hereby certify that on the 30th day of January, 2002, I served a copy of the foregoing Amended Complaint on the individual listed below by United States Mail, postage prepaid, first class, addressed as follows: Philip Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ,,~~4tt~'. T_ '. _'H ". _ _ r_ ~" ~_' - ] '.T , ~-,~, - I"r VERIFICATION I hereby certify that the foregoing is true and correct to best of my personal knowledge, or information and belief as all of the information contained in the foregoing complaint has been provided to the undersigned by the Plaintiff in this matter. This verification and statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / ftc)tCJd-- { . ;.]:',~_~~JiIj'i'_~_ I. ., '0, ,,' , ,~ . F ~-- ,-" ,. I ,~~"~~"",,,~~m~~w"_~~"" OU~0/Q2 WED 10:16 FAX 171. 72335605 I . I I CRA!lTREE~()I!!t~At1GH f - , , IaJ002 , , I LE^~ 'J'H l,r. ,1.P.^F;g ^(~nl;;';:MBWr, mn{l~' t.his, '.;.~7"7 day of ,Nav(1_~b{!r , J 9;"9.9 , hy !Iud hr-:t'woBn Druun "~rDU$O (hcreinart;.e.r' referr.ed to as "L~ssor") Dud W,01J.~~._J.of'''''('n and ,(hereinafter referred to as "'tenant") w "1u~ng CO' inJtrt,8Ql~ 'I s("~(;t.ion,.^.~.., ..:r~_r.r:nB:._~.~g_'CPJu;ti.:ti~n~~, Lessor a'9rees' to l~i\se the 1l):f~11\i!:~(,G~ bnt,)\on,. tiS 2ff}!' '_ co~l~\"I;' ',n......n lJ.rlvc, 'i\prirtment' 10(, _', cH,mp nill, Cnmberland' Coun.ty ,.~nnsy'lvania,("PJrem.ises")upon the fol101~irig ,conditions: .1. ^pplir;:'1!:i.on.. .Foru,"e"o'f 'the Premises, tenant Wl'tTr<.nts 11...t ilL!. il1fonnntioll prov..l.ded lly"l'cm:mt Ih .tho .nontal l\pplication, date<;l.. Nou"mbcr 27, !989 ,is true, ,and c<1rrect. 2. Tg.m. ,. 'l'hls I,eas(; shall extend for: a term of One (1) 'V!;>'Yl: beginni.nqon the ,27 . day of.,'Nou~;,;ber .,..19~,.arid.endiilg ()" the _~~ cJay oF. ~~'ol,Je;ntIL~r ;;,g>9.0 ,".:,uhle.ss. -sboner,..tet;"minnt~d p,ursuant . tPthc pro:vJsions"'of tll:is'.:'Lease.".' . . " "'. .', ," " . ",. 3.' B~ .!:'i:n'the:usepf 'the'Prel1li$,es ,T<iriant. sl1all,pay, at 'thr. residence .orprinciIl8,.l, office>of,t;h,e; t.esst!{,l'itl:lout "d.....and .:~n('l wi.th.(1l.1t "Scl:~:o:I:..(,.-or, d~due~i6,r', ,.'the-' 'l!I'ri-n.u;a,t '~um." ,-", ' of.'....:i~II~'!.ty-nn.. Ifywl;:<>.d;.'d"nJl;ri'::.'..:,:;' .,... ".;: D91.~a:rs ($.7, lOn.OO ) pnyable .ill equaL'mblrl;:hly':,i1'l~~aUments~ .. ,':, .' .. .. ..... .. of. f"f've. /lulle/'en ni:ndy::.,j'1u.!'.... '. . ';;'.. DQllar~f",($ 595.00) each, pay"bl e.'hf '''I!v:ance: 6n'the.,.1"j t..,daY,.ol',e~t:l1" cal~nq1ir : month . .'. . . ~'. ,'. " .;' :":J.,';,:-:- :, <" :. ".' '".. .,>:' ~.,<.{;':_' ' '~-.:.::: ' ,;", ..;.-. .':;" 4. .;!>er~i';;esEn'a".uhllities:: ... "Lessor slJio.U)prov ide trash reJJ:lo~a.1 serv i,ce.~:. .'~'Wt;l'~eri'r".fla/.,I!~i:'ew,et}" ", :;:':.7, .:;',,~.. ,:';',',;'.;:)/",:'.:'~.' .', .: ';,"'. . ... ' . ,'l'enantstt,al:l: p"y fot ;al i'6thet.utTHJ;:.le!l:.ihc.l:~~iI1CJ ,. eleetr;e, tel,;~hone<l!ld9lher'>"e.rv:!'~'l's.::which,arl(ordE.!redby 'the 'l'enant and ,,.. Mpal'ate:tybil}:lldto, tl~j'enal1t(or "~se:..{jli t./1e";,,~emi~es ..,' , . !,'. '.' . ',' ',' " "'" ... " " " , ' '," ,-.; ~c ,",' ~ " ,'., . 'C'-':;,' ? Use of ':1'J.:.~i5'es:':Teiriant"'sliaU"u~ethe Premises only as tile personal "resid'i,m9€i q:f!l'enant ,a.rid shatY. npt conduct any unl~"ifili or~1\'m6ra~,aqtivity upc:m .tll~'Frellli~es'.' a'ndthe Premises ,o:;ll~ll\1ot be qc"Ctlp;1.edbyanyother: pq;rs;pnqt,heJ;' ttli>~ the .alJove-na'll1ed .Tenant:and, 'l'eilal1t' S. .chi.J;dren ,.-'if any. , ,'" ": / I ,,', r ~:- 1 , ,. " /'\- / "" ';':';if .. '_~"" , -~ ,~",-- .~, ~, "', I~ - . .~.~ - !l".' U 0"/'0/02 WED "0:18 FAX 17172335605 .:) . CRABTREE-ROHRBAVGH 14!003 fl. H~11r:'5~.~.~n(L.B~9~q,~!::i9.n~. for \ts~ of the rr-emlset:, tl'(.>n~l1t. and all other persons visiting the leased Premises at the invitnUoJl of TCIl;'lllt r.1I,,11 comply wl,th ;'Ill Ilnll'n ;'I nIl llt'\gnlnUow: "clol't"d hy ),"'''$or (" copy of which has been delivered to '1'ennnt '''HI "hlr:h nr" lltcorpornt!"'<) by r,..(erence thereto nnc1 e"pl:"os~Iy m,,,]e terms and conditions of this Lease) and with such cllel1ges therein or additional Rules and Regulations as Lessor may from time to time adopt. Lessor shall not be liable to Tenant for the violation of any such Rules and Regulations or for the breach of ~ny ~OV~.,~"t n~ condition in ~ny otl)~r le~se by nnoth~r Tennr,t. F;l \ I,ure of Tf.\I1Olnt 01:' ouch ot.IH:!r PQr.sontit to oh~~t-v~ "'HI compl y with I,essor's Rules and Reg\llations shall constitute a brench of condition under this lease agreement. 7. !?(Je~,i,!)Lg9ngJ.tJ.Q!,~. 11. 110 I'"t.. shnl1 be per.-mlttcd on th" premlne", B. UpOIl surrender of the Premises for any reason, the Premises shall be left clean and neat and in the same condition as received by Tenant upon initial grant of possession. Breach of any of the above Terms and conditions will result III tcrmJ""tJ.oll of the TJeilse tlnd (orfeiture 01' the pr..mJ.ses. c. :ie9. Gf?t'lll' ,section n. Covenants of Lease,' 1. Security Deoosit. Lessor hereby acknowledges receipt from the Les:;ee of the SUm of rille hundred nin~tY-fille Dollars ($ 595.00 ) es security deposit to be held by Lessor for the rental term in accordance with the provisions of the Pennsylvania Landlord and Tenant I\ct of 1951, as amended. The Lundlord may apply all or any portion of the security deposit to (,nvroT." rl:tmnr,,,,n t-.o tho J"r.Qtft~.SC$ durJn<J t:hc ~r?:r.tn of thi.~ 1,r.il~O, illlu/or SlIch security deposit shall be retained by Lalld 1. anI ".. liquidated damages if Tenant breaks any provision of this Lease. Tenant shall restot"e the security deposit to the original amount immediately upon request in the event Landlord utilized any port iOll thereof. 'fhe security deposit shall not be considered pilyment for the last month of the term of the Lease, and Tenant shall be required to pay rental on the first day of such month. 2. J"gJ;e PaYment and Bad Check. Rents are due all the 1st day of each month in advance. If the rent is not received upon or before the date due, the Tenant agrees to pay a late charge of Ten Dollars ($10.00) per day far each day that the rent is overdue. This late charge is imposed because additional bookkeeping and monitoring is required when the rent is not received on time. . 7 ,- T~tl'7nt ay,'qrlH !'''''l'/ ('1 fJ1: '[fl',rl'1tr!/lt. (1" 11-"'11. ~':.~ ,Ilr:':nf'~f,'~, ~. tt, :)l:;~(~~ I,I~,. i'r:'l!~tl.-,.~!: i"'1"':1di ltol.l; j'''!.'l q ~ ''J,.,~,;.; t.) j>"k 1 ;"'n. ('I,' -1 ~f.:t_~ .. :';. i i:: ./'ll:;~d. if "l 1"1t f ~ ~l;" 1/'1 t, i I 2 +~\ _ ."''''0. ~_~'.~~,~,^~ _ < , .,."", - "," - -'1'" 01/30/02 WED 10:19 fAX 17172335605 11 1 -j , :-.1 f)' ~: : l'; [.. r:.. i;, " i'; :';~~Uil!__!li!l_ ,,"~ CRXBTRcc~OHRBAUGH ~004 Tenant agrees that any check issued to the Lessor for payments due under this Lease which is returned without payment by the bank tor any reason shall be deemed to have been made on the day the Lessor received such check and the late payment charge shall be applicable. In addition, Tenant shall pay to Lessor a Twenty Dollars ($20.00) return charge for the bad check. 3. neauired Notice to Terminate bv Tenant. Tenant shall have the right to terminate this Lease at any time subsequent to the initial one-year term upon sixty (60) days' written notice to Lessor. Opon failure of the Tenant to give the required notice to Lessor, Lessor may, at his option, retain the security deposit as liquidated damages for breach of this provisions. 4. HOldinq Over. A holding over by Tenant beyond the terms of this L~ase shall be on a month-to-month basis under and SUbject to all provisions contained in this Lease provided, however, that the monthly rent payable in advance shall be equal to the la6t rental agreed upon by the parties under this Lease plus five percent (5%) rounded to the nearest ten dollars ($10.00). 5. Condition of Premises. Tenant accepts possession of the Premises in an "as is" condition. Landlord does not make any warranty, representation or covenant as to the condition of the Premises. 6. Notice of Defects. Tenant shall give Landlord prompt notice of any damage to, or defects in, the water, electric wiring or any other parts of the Premises. 7. Remedies Uoon Default. (a) If the Tenant (1) fails to pay the rent in full when due and/or any other changes, expenses, or costs herein agreed to be paid by Tenant: (2) violates or fails to perform or otherwise breaks any covenant, term Or condition herein contained I or (3) vacates the demised premises or attempts to remove any goods or property from the premises prior to having first paid and satisfied the Lessor in full for all rent and other charges then due or may become due until the expiration at the term of this Lease, thereupon the Tenant will be in default and all applicable remedies .in this section and at law or equity shall be enforceable by the Lessor against the Tenant, at the Lessor's option. 3 .. .""._, ""-'- ^> "'."-" - -,-- , -, . fillll7 OJj~0/02 WED 10:19 FAX 17172335605 CRABTREE:ROHRBAUGH il!IOO:; Lf ~, (b) If default is made in the payment of any part of the rent reserved hereunder, or in caSe of any other breach of any covenant or condition of this Lease, at the Landlord's option, in addition to all other rights and remedies available at law or equity, the entire rent reserved for the full term of this ~ease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time, the Landlord may forfeit and annul the unexpired portion of this Lease and enter upon and repossess the Premises. (c) Lessor may file a Complaint to evict Tenant in accordance with the Landlord/Tenant Law (68 P.S. 1250.501 ~ ~) or any other applicable law, if the Tenant has failed to pay rent in accordance with Section A(3) or any other charges provided for in this Lease.within ten (10) days. Such rent or charges may become due if and only if the Lessor has given the Tenant ten (10) days written notice to vacate for failure to pay such rent or charges, at which time the Lease will terminate and the Tenant will forfeit the Premises. The eviction Complaint may be filed on the eleventh (11th) day after notice is given: however, no hearing on the Lessor's eviction Complaint shall be held until twenty (20) days after expiration of the notice period. (d) If the Tenant should fail to perform or breach any of the Terms or Conditions of this Lease, other than Section A(J) or pertaining to the payment of rent, the Lessor shall give the Tenant written notice informing the Tenant of the nature of the objectionable conduct, giving the Tenant five (5) days to stop the objectionable conduct. If the objectionable conduct has not been stopped within the five-day period, or reoccurs before the ending date of this Lease, and if the Lessor wishes to terminate this Lease, the Lessor shall then give the Tenant ten (10) days written notice of the termination of the Lease and the Tenant must forfeit the Premises. The Lessor may file an eviction complaint in accordance with the Landlord/Tenant Law or any other applicable law at the expiration of the ten-day notice period; however, no hearing on the Lessor's eviction Complaint shall be held until fifteen (15) days after the expiration of the second notice period. (e) IMPORTANT NOTICE THE FOLWWING PARAGRAPHS CONSTJ:TUTE A WAIVER OF ANY R:IGHTS YOU HAVE TO BE NOTIFJ:ED OF YOUR DEFAULT UNDER THIS LEASE AND TO APPEAR IN YOUR OWN DEFENSE IN COURT PRIOR TO HAVING A JUDGMENT ENTERED AGAINST YOU. PLEASE READ THESE PARAGRAPHS FULLY AND CAREFULLY. IF YOU DO NOT UNDERSTAND THEM, YOU SHOULD CONSULT AN ATTORNEY BEFORE SIGNING TH:IS LEASE. 4 ,,~,.,P - ,..,~~ ~. I'. - If the rent and/or any charges hereby reserved as rent shall remain unpaid on any day when the same ought to be paid, Lessee hereby empowers any Prothonotary, Clerk of Court or attorney of any court of Record to appear for Lessee in any and all actions which may be brought for said arrears of rent or charges or reserved as rent, and/or to sign for Tenant an agreement for entering in any competent Court an amicable action or actions for the recovery of such arrears of rent or other charges or eXpenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all arrears of rent or other charges aforesaid, and for interest and costs, together with an attorney's commission of ten percent (lot). Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rent and/or other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this Lease. When this Lease shall be determined by condition broken or breach of covenant either during the original term of this Lease or any renewal or extension thereof, and also when and as soon as the term hereby created or any extension thereof shall have expired, Tenant hereby authorizes any attorney as attorney for Tenant to sign an agreement for entering and to enter in any competent Court an amicable action and judgment in ejectment and all persons claiminq under Tenant for the recovery by Lessor of possession of the herein demised and for damages for the detention thereof (to be assessed on the basis of the rental of this Lease), for Which this Lease shall be his sufficient warrant, whereupon, if Lessor so desires, a writ of possession may issue forthwith, without any prior writ or proceedings whatsoever, and provided that if for any reason after such action shall have been commenced the same shall be determined and the possession of the premises hereby demised remain in or to be restored to Tenant, Lessor shall have the right upon any SUbsequent default or defaults, or upon the termination of this lease as hereinbefore set forth, to bring one or more amicable action or actions as hereinbefore set forth to recover possession of the said premises. In any amicable action of ejectment and/or for rent in arrears, Lessor shall first cause to be filed in such action an affidavit made by it or someone actinq for it setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and if a true copy of this Lease (and of.the truth of the copy of such affidavit shall be sufficient evidence) be filed in such action it shall not be necessary to file the original as warrant of attorney, any rule of Court, custom or practice to the contrary notwithstanding standing. ~-" - 01/~O/02 WED 10:20 FAX 17172335605 <;, " {, f '1 , }! ~,i , ~, ;i !I !I :i "1 '.j-] ,;] 'I J '!'ll~$I?'lJ,l -- T- '_,,_,' " ,.'" --,- - -~ ,", - ~. CRABTREE~OHRBADGH l4J 006 5 , 'on'!"' ,n .. l r i i r i k r I i. r I t i-' I ~ r:~o,'i)..IW!!11f11~_ ," - ~ilRllAllGH ~007 .01/~0/02 WED 10:20 FAX 17172335605 ~ (f) All property on the Premises shall be liable to distress for rent and costs, and express leave and permission is given to the Landlord and his agents to enter upon the Premises at any time, for the purpose of making distraint for rent according to the terms of this Lease, and any claims therefore for damages to Tenant or Tenant's personality is hereby waived. The removal of any property from the Premises by Tenant without the written consent of Landlord, whether by day or night, shall be deemed a fraudulent and clandestine removal, and such property Shall remain liable to distress for thirty (30) days after such removal, whenever it may be found. (g) If Tenant fails to fulfill any provisions of this lease, Landlord, after giving five (5) days advance notice to Tenant, may, at Landlord's option, perform or cause to be performed, such obligation of Tenant, and bill tenant the cost of performing same, whiCh bill shall be immediately due and payable and collectible as additional rent hereunder. (h) Landlord and Tenant hereby covenant and agree that all of the remedies mentioned above are cumulative and not merely alternative and further that as to each of the above remedies, such remedy shall not be exhausted by one exercise, but may be repeated as Often as Landlord shall require in order to obtain full and satiSfactory relief. B. Waiver of Statutory Notice to ouit. As allowed under 68 P.S. S250.501, Tenant agrees to waive his statutory right of Notice to Quit and the statutory period of time the Tenant is given to vacate the premises after notice is given. Alternatively, Lessor agrees to give Tenant notice to quit in accordance with Section B, Paragraph ?(c) and Section 5, Paragraph 7(d), where applicable, and to provide for a period of time of at least ten (10) days to vacate the premises upon notice of termination of the Lease. Upon termination or expiration of the term of this Lease, Tenant agrees to forfeit the Premises. Tenant accepts this alternative notice as his sole right to notice to surrender the Premises. 9. Waivers. A waiver by Landlord of any requirement or duty of Tenant under this Lease or of any recourse as to any particular breach thereof in any given instance snaIl not be deemed a waiver of any other duty of Tenant as to all or any other instances. 6 .~ - ,.""" ' ~,,~ .' " ~ , "1011,11" ~1;!0/02 WED 10;20 FAX 17172335605 C~:::::ROHRBAl.lGH 141008 ,~\ ' 10. Subordination. This Lease aq~eement shall be subject and subordinate to all present or future mortgages or underlying leases which may now or hereafter affect the leased Premises and to all renewals, modifications, replacements and extensions thereof. This clause shall be self-operative, but in any event. Tenant shall execute promptly any estoppel certificate or other assurances that Lessor may request in furtherance hereof. 11. Restoration of Premises at End of Term. At the expiration of the term, the demised Premises will be restored, at the option of the Lessor, to the same condition in which they were at the commencement of the term, reasonable wear and tear excepted, and the cost of any restoration shall be paid by Tenant which cost shall be treated as additional rent due and owing the terms of this Lease. 12. Standard of Conduct. Tenant shall not carryon any unlawful or immoral business in and about the demised Premises nor do any act or conduct business in such a manner as will endanger the building from fire or cause a forfeiture of any fire or liability insurance that Lessor has on said building. Tenant agrees to keep the Fremises in good and orderly manner and in good condition and repair and not to commit waste upon the Premises. Tenant agrees not to do or permit any act or practice injurious to the premises, or which may disturb other tenants or Which adversely affect Lessor's insurance and to comply with all obligations imposed upon Tenant by the provisions of all local, county and CommonWealth codes, regulations, ordinances and statues. Tenant shall not permit any patrons, quests, visitors, agents, servants, employees or invitees to destroy, deface, damage, impair, or remove any part of the leased structure nor permit such persons to disturb the peaceful enjoyment of the Premises by other tenants and neighbors. Tenant shall be responsible for any and all damage caused by Tenant, his agents, patrons, guests, visitors, . servants, employees and invitees. 13. InsDection. Lessor may enter the Premises at any time during the term, in the presence of the Lessee, during normal business hours, for the purposes of ascertaining whether said Premises are kept in good order and repair. Further, Lessor reserves the right,to display it "For Lease" or a "For Sale" sign upon the premises and to show the same to prospectiVe tenants, buyers, appraisers or bankers. 7 ~~", - .., " - , ',>.-- ?"" 0.__. ""~ , ":Yr~"]'" 01/~0/02 WED 10:21 FAX 17172335605 . ~lmr'.JlUJmllAU(;H 141009 .q .' 14. Insurance. Lessor shall maintain adequate insurance against damage or destruction to the said building and Premises by or account of the elements, fire, wind and other perils commonly insured against under the coverage known as "extended coverage", but all personal. property or possession of any kind or description owned by Tenant upon the Premises shall be Tenant's sole risk and Tenant is advised to obtain any insurance which Tenant may require covering SUch property or possessions. 15. Alterations. Lessee shall not alter the Premises nor make additions thereto nor paint the Premises without Lessor's express written consent. 16. Assianment and SUblettinq. This Lease may not be assigned by the Tenant nor the Premises sublet without Tenant first obtaining written consent of the Lessor which consent shall not be unreasonably withheld. , k 17. Casualty. In the event that the Premises occupied by the Tenant shall, during said term, be destroyed by fire, thereby making the Premises untenantable and unfit for occupancy so that the owners thereof deem it advisable to construct a new building, the Lessor herein shall thereupon have the right to cancel and terminate this Lease, giving fifteen (15) days notice in writing to the Tenant herein, and the term of this Lease shall thereupon cease at the expiration of fifteen (15) days after the expiration of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor will thereupon cause the same to be repaired and restored to its former condition, then to act with the greatest possible diligence, and if the said fire shall have rendered the Premises untenantable, payment of rent thereunder shall be suspended from the time when the Tenant herein shall notify the LeSsor of such condition until such time as the building is so repaired and again ready for occupancy, and the Tenant herein agrees that in the event that the building shall be so partially destroyed by fire as to render said repairs necessary, that the said Lessor shall thereupon have the right through his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to make possession of the Premises for the purpose of making such repairs, and the so taking of possession shall not be an eviction of the Tenant herein and shall in no manner effect this term of Lease. Within thirty (30) days after casualty. Lessor shall notify Tenant of Lessor's agreement to complete restoration within six (6) months after casualty or, failing such notice, Tenant has option to cancel within twenty (20) days after thirty (30) aforesaid. :j f: ;; ,. , ;" 8 %1jl~JJlfI .,e ',] ',"", " <. -, ? " - -', ,~ . ~ " ;"^'Tr'" 'e''-'-''-"'mr'''~ 01/00/02 WED 10:21 FAX 17172335605 ;~:, n ~; ~ , r'; t:, r; :--: ii rc U I': 1'1 I I: ,: I:' (. I., i., I I,' I:: I',' r'~ I: , H i. I', I i'] i:'; I:'! , I j'- : i:";;;'4CUl{,J,J" J,., ,,'I " CRABTREE-RQURBAUGH ~010 . . . 18. Exculoatorv Clause and rndemniflcation. (a) Tenant agrees to be responsible for and to rel.ieve from all liability by reason of any injury or damage to any demised premises, whether belonging to the Tenant or any other person, caused by an fire, breakage or leakage in any part or portion of the. building of Which the demised premises is a part, or from water, rain, or snow that may leak into, issue or flow from any part of the said premises, or of the building Of Which the demised premises 1s a part, or from the drains, pipes, sewers, basins, water closets, or plumbing work of the same, or from any place or quarter, except when such breakage, leakaqe, injury or damaqe be caused by or result from the neq1igence of Lessor or his servants or aqents or any person or persons whatsoever, or where Lessor is statutorily liable for the maintenance of those items directly causing. such breakage, leakage, injury or damage. (b) Tenant also agrees to be responsible for and to relieve and hereby relieves Lessor from all liability by reason or any damage or injury to any person or thing which may arise from or be due to the use, misuse or abuse of all or any of the elevators, hatches, openings, stairways, hallways or any other portion of building or property of which the leased premises are a part, of any kind whatsoever, whiCh may exist or hereafter be erected or constructed on the said premises, or from any kind of injury which may arise from any other cause whatsoever on any po~ion of the said premises or the building of which the demised premises is a part, except when such damage, injury, use, misuse or abuse be caused by or result from the neqligence of Lessor, his employees or agents or any other person or persons whatsoever. (C) The Tenant does hereby agree to indemnify Lessor and hold Lessor harmless for all claims, demands, or judgements arising out of injuries to persons or damages to property occurrinq on the Premises herein demised or resulting from Tenant's occupancy or use of the Premises resulting solely from causes other than the negligence of claims, demands, or judgements arising out of negligence of Lessor on the demised Premises including defense of suits whether the same be brought before or after the expiration Of this Lease. 19. Parties Bound. This agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. 9 I"",""",.,~,~~,~, ,_ ~,,' '" ".~ ,.. ~ . , .- CRAB'tRmL.llo1lllBAUGH I4JOll '!.~--'"....... .01/30/02 WE" 10:21 fAX 17172335605 'to .' , , 20. PennsYlvania Law. This Agreement shall be construed under and in accordance with the laws of the Commonwealth Of Pennsylvania and all obligation of the parties oreated hereunder are performable in Cumberland County, Pennsylvania. 21. Lenal Construction. In case anyone or more of the provisions contained in this Lease shall, for any reason, be held to be invalid, illegal or unenforceable provision had never been contained herein. 22. Amendment. No amendment, modification or alteration of the terms hereunder shall be binding unless the same be in writing, dated subsequent to the date hereof, and dUly executed by the parties hereto. IN WITNESS WHEREOF, the undersigned as Lessor and Tenant have executed this Agreement the day and year first above written. WITNESS: LESSOR: ~Lr ((A/tu----<-- M,vj f:'-.&., Lt....L-G,-...1 C~ ((/kL~ By: ( ( - ") ( --f) . ---...---- TENANT: ---- 10 "0j1';'!li -- ~ - ,~""'__,,,_.,__ _ _ ,n.,_._;'?'",7"""-';.,_ _ " .',' '" . '~71 I' ,,,--, ". - , ~,-- - ", -, -- -">,' -, ~ '" " , ~~ ~o~ 0)./~0/02 WED 10:22 FAX 17172.335605 CRABTREE~OHRBAUGH 19JU~" 'IJ\ ' ". , f 1 J' property: 'l,)~ Cedar Run Drive, IO~ Camp Hill, PA 17011 Ilesident: :f.!l f~',. 'H JO,'Ul.'lQl:, ::t,,-l X.!~'r!': _f. u'~.'1'1.sC'n 1. Siqns and Attachments. Nothing shall be placed on, or hung from, the outside of the building, windows, doors, patios, or blllconies. No signs or advertising notices of any kind shall be attached to any part of the outside of the buildinq. Names shall be displayed on doors and mailboxes only in the manner designated by Management. 2. ~ntrances. Walks. Etc. Entrances, walks, elevators, vestibUles, halls, stairways, landings, and other pUblic areas outside of the apartments shall not be obstructed or used for any other purpose than for ingress and egress to and from tha building or apartments. 3. Locks and Kevs. No locks shall be changed or added in any way, to any door except with prior written consent of Owner or Hanagement. There shall be a charge for replacing lost or stolen keys (Locksmith's current rates for re-keying all entrance doors), opening doors for Resident lockouts ($25.00 during office hours 8:00 n.m. - 5:00 p.m., after business hours 5:00 p.m. - 8:00 a.m. 24 hour locksmith's rates), and for keys Resident fails to return ($5.00). 4. Diaturbances and Noises. Loud noises and other disturbing <lcts in the apartment or on adjoining property that interferes with the rights, comforts, or convenience of other residents are prohibited at all times. 5. Walls. Alterations. Etc. The walls, ceilings, and woodwork m1lst not be marred by driving nails, tacks, or screws. or by otherwise defacing the same, except for standard picture additions, or improvements shall be made in the. apartment without the prior written consent of the Owner or Management. 6. Smoke Detectors. A smoke detector has been provided to each unit by the owner. Upkeep of the smoke detector is the responsibility of the resident (i.e. batteries). 7. Occupants and Guests. No occupants other than those listed 011 Rel,tal Application will be allowed to establish residency without prior written permission of Owner or Management. Residents shall be responsible and liable for the acts of their guests. Acts of guests in violation of the lease, or Management's rules and regulations, may be deemed by Management to be a breach by Resident. ~ , , , ~f1!T' . "~''''f\. m; OZ E - . D 10:ZZ FAX 17172335605 CRABTREE-ROHRBAUGH I4J013 ~ 'I . _ 1\ .. ... " .. \1" 8. storaae. storage areas may be provided for by the Owner and if such are established, storage in such areas shall be at the Resident's risk and neither the Owner nor Management shall be responsible for any loss or damage from fire, flooding, theft, or otherwise. Nothing of any kind that would increase fire risk shall be taken to or placed in storage areas. 9. Balconies and Patios. Balconies and Patios shall be kept neat and clean at all times, and Resident Shall not store or hang rugs, towels, laundry, wash, or other such items on the railings or other portions of the balcony or patio. Bicycles, furniture, and similar items Should be kept in the apartment or in storage, if available, and may not be kept on balconies or patios, or in or about entranceways at any time. Any such items found in these areas will be removed by the maintenance staff. No dust, rubbish, litter, or anything else shall be swe~t, thrown, or emptied from any of the windows or balconies or patios or into the halls or entranceways. 10. Parkina. parking shall be permitted only in those areas or spaces designated by the Owner or Management. Inoperable and/or unlicensed vehicles shall not be parked or stored on the property. Under no circumstances are trailers or campers to be stored in the parking area. Any vehicles that are improperly parked, inoperable, or unlicensed may be towed away at the expense of the vehicle's owner. Resident agrees to abide by parking regUlations and to notify and require guests to abide by such parking regulations. 11. Garbaae and Trash. Garbage receptacles and/or incineratOrs shall be used as directed by Management. Garbage and refuse shall be placed in designated garbage receptacles or incinerators, not on the ground or floor around such receptacles. 12. Recreation and Amenities. Recreation and service facilities shall be used only at the times posted and in accordance with the rules and regUlations established by Management. 13. Dranes and Shades. Drapes and/or shades must be installed over all windows and qlass doors. All drapes and Shades shall have a white lining to present a uniform exterior appearance and cleaning shall be at the Resident's expense. 14. Pets. No animals of any kind shall be permitted on the premises without the prior written permission of the Owner or Management. Animals that are permitted on the premises shall remain in the apartment except when carried or taken out on a leash. Management reserves the right to revoke the privilege of having animals at any time. Any disturbance by any animal that disturbs residents, interferes with their peace and quiet, or comfort will be subject to ~hatever action that Management deems proper to take. ..1- i!\~t~~!!J ~--- - ~ , ~-" ,P'"'TFllU. . 01/~0/02 WED 10:22 FAX 17172335605 CRABTREE-ROURBADGH ~014 tI , \ " " I ~ .. f 'J .,. lS Damage and cleanup are the responsibi1i~y of Resident. Management reserves the right to require any Resident who has a pet to put up an additional security deposit, in addition to the security deposit provided for in the lease. 15. Water Beds. No water beds shall be allowed in the apartment without prior written consent of Owner or Management. 16. SOlicitina/Business Oberations. Soliciting of any type is not permitted, except by individual appointment with Resident. Resident should notify Management of an uninvited solicitor appears and appropriate action will be taken. Unless otherwise agreed, resident shall not use the apartment for business or commercial operations. 17. Insurance. Owner and Management recommend that Resident obtain personal insurance and personal liability insurance. The Owner has no insurable interest in Resident's personal property and will not be liable for acts of Resident, Resident's family, guest, or invitees. i,_, 18. Modifications. Owner reserves the right any time to change or rescind one or more of these rules and regulations or to make and enforce such other reasonable rules and regulations as in Owner's judgement may be deemed advisable to promote the safety, care, and cleanliness of the premises and for preservation of good order. Acknowledge receipt of Rules and Regulations and and comply with these RUles and RegUlations this of agree to be bound by I~ay f7Ll-r,,- j:( ~ 17~4f ;;C Ot.-1)~ ~ L.-. BY: , ., ') .) ,. ;f;~lI:" - r ," ~ -.,"- -y '""~~'''~''''''"'<<'"''''~_ .'L" -~. . . . , toP ~ 6 " . ~"" ~ < - t.> "".,,,,.,,,," ,o"o'''-'<]Jr'^'-''''fill1ru~'f':~''~:__I"Jjtt'''-r :" r"~;:'-_::~'"'t'!";,:j"'J'~lS~t\",1\~[0::;~~~';~; , . o <;;". -CCi' \';',("-' -.!-_.' Ch__1 ;:-, ~7;', ,/-,. ~~ ~ 1-'? . . I " ~ '-~ ~-.) --;'1 ';'-'~J ::.,~) to:) r ~ 1;1d -,-,---;-, S:~r~~) -( --;-\ ~'~R( S 3S '-< ~~ ~~'" r.:- ,0 Cc !BII f"....,,~ _Vi"~ _,",~!I'-'l!ffiIt!~~~~l cr" ~'t~_~lf~"";~9_"'t;J!'''"';Fi'_1''''''~_'',nc~~'l'JI?f!!~~~~~~~~~l- . , BARON GROUP Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6170 CIVIL WALTER & MAENG JOHNSON Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this ...21.J. day of f" e L E; 2002, PlaiJtti,ff s Motior's (t-"'G-f....,I,o)""t;', IS ~ulL,<@lud to make the Rule absolute is granted and D€f€lu:lants arc directed to release escrow to the Plaintiff.:>s, cJ L3\J C ?. +t ?hI r \..Y7d 2)c:.l '-- fCc..s, , u/[ J. Date: C.:.' C) j<) ~~; : ! ~<,~t (-n, , ,:1 flDP1e:$;;: led '--o3-DY-OJ. l p-xs to: ~. Bri~o..Y\\-' I lJe.st\C.D t~~\. ;;'J \ ~-,~, 1: ~:::... "-~' ~~-- ~~;'; :.;:-\ ./~ [ :' ---, C") :f1 ,J"' :'--!-l;J''f'rM"~~__ 'P"!'L "," ,_~ r I , ~ ~ . . ~.~ ~~., '" _ vr__ ~ ' :>"-""'4%11!-R~~"l" BARON GROUP Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6170 CIVIL WALTER & MAENG JOHNSON Defendant : JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AGAINST DEFENDANTS WALTER AND MAENG JOHNSON Plaintiff respectfully requests this Honorable Court for an Order. 1. On January 3,2002, Plaintiffs filed a Motion to Release Escrow. 2. On January 22, 2002, this Honorable Court entered an Order requiring Defendants, Walter and Maeng Johnson to show cause, if any, thereby why they should not be directed to release escrow to Plaintiff within twenty (20) days of service. 3. By letter of January 10, 2002, Defendants advised that they had no objection to the same. WHEREFORE, Plaintiff, The Baron Group, requests this Honorable Court to make the aforementioned Rule absolute. -" '^ ,.". ~ ~ '" T If Respectfully submitted, NESTICO & DRUBY, L.L.P. Date: c.:;;; .3 /p :;:;.--- :,->g1>-_~"iffl r,,,1 J, ,u, -".1 ,~,.,.- "i ,~ " " 11- CERTIFICATE OF SERVICE I, Anthony J. Nestico, of the law firm of Nestico & Druby, L.L.P., hereby certify that on the.B!!... day of February, 2002, a copy of the foregoing document was sent via First Class US. Mail, postage paid, to the following: Philip Briganti, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, P A 17013 ,1) . -<ftLqt~ l,'""'~1'_'M-"'~"J'.@0WJ lli, .! d _ ~=, ^"' '\- . , "' " ,. """" ,~ ~ ~ 11........ ''''''''''''''' .-. . M~= .C,>, '- '''" ..,=., ",,:.,. ~>;N""~'~'-A'rt1it:rlt'j":tl:i~t~~~{~~:";.c''f;{;\:t >\"~/:. , co C:-r C >-., "1) .. ., n'; :::-J S .. c /~ ()~' tD ........ r~: - . )~ ( ;;::;-,;:- C, L::") ~. 5~-~ ~.-~ _.~~ -< r-"~I '-,. ",,-:J ~"."""""'~= mm~,~!iffill~~~~~~~~'f.I:'j",,"p "H~f';"!,,"liP':f?";FWi\'!~W''l-'''&'''f~;i,!1;1'~~!>Il-''Jfl'jt'ii''~I<!~!i'JWII~ ". ._~_' fi'! Ti" ,:f"'~~~" I" - " ~- ,,-" ~ . .~'0' Q~ "~ ~,o'} ~..Ol'? o ~\<- 11"-' " ~, f' ~ I~ I N - i-' .il '"' 0 0 0 N ..... 0 0 0 I\J I r w~ -J II r -' )> w- e..> ~ :n 8 (f) Ii , ," ii i 'Ir .... Escrow Amount Tran Date paqe 1 3/0ZJ/2002 Date Release 10073103042002 PYS405 Cumberland County Prothonotary's Office Manual Release Check Reglster Distribution .Case No Accounting -------------------------------------------------------------------------------- 3806 BARON GROUP Check Date: 03/04/2002 Check No. : 1273 RENT 2001- 06170 PYMT/MONEY ODR 300.00 10/26/2001 RENT 2001- 06170 PYMT/MONEY ODR 620.00 11/09/2001 RENT 2001- 06170 PYMT/MONEY ODR 620.00 12/11/2001 RENT 2001- 06170 PYMT/CASH 620.00 1/11/2002 Payee total: 2160.00 ---~---------------------------------------------------------------------------- Grand total: 2,160.00 f"-""-'.""'l""\lP'... 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