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Home My WebLink About99-00732 .'... \ PROOf. OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT i.: '-.. ,,' \.'." .', . ," '" " .- (This proal 01 service MUS~~E FILEDW/THIN TEN (10) DAYS AFTER fi)lng I;'~ notice a/aPPeal,' Check~Pl!fiCab(e';o;ek" '.' . " ',' " ".' ' -, . " . , . \. ..... \ . ,... " 5. ":'i'. 'COMf,10NWEI\L T1:l OF PENNSYLVANIA' '.. \, '." , " . '", J .~,-; <~C6U.N\Y p~ '. .,. ',j' j as I', , {\ j ',l'," ,-. " \' \ r'_,1 " \, " \ \.' I hereby'swear or affirm that I served ".r:r a ,c'op;'';f tll;-~otic; bfi}ppeal, ,Common Pleas No, \ , upon,the District ,Iustice designated tllerein on (date 0/ "ervice) ", 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 Ilereto. ' 0 and further that I served the Rule to Filea Complaint accompanying tile above Notice at Appeai up'on'the appeilee(s) towhom 'the Ruie was addressed on ,.19~ 0 by, personal service 0 by (ce0Itied) (registered) mail, sender's receipt attached hereto, ,.., ' -. 'SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ',19_ Signature o(a/llanl " SignDtuic ~r CJlficlol bofofd whom affidavit was madi1 ,'Tt't/a'ofoflic(al .. - \ " \ \', . ,,",\ " , My commission oxplres on . '>"'~> -",;'\, . , 19_ , , " ~ 19 ~ ~. '~ r- ~ ") ~ ~ ""l- . 0 ~ ~ ~()~ (J" "i' 'I, .ll0 ~ fl ,- ~ ~ t:J r f (") ~;; 7Dt'il' , . Q]n': .<_:"fj ~i~:~ f~(j ':;:0 :I~;;:! '-- :-~ ,<.0 0 \.0 ('h..:-r, \-r"l \'\,_ .M 'csJ f;):J . l-riFQ I .vl"r1 C) '-'6 o ....., - ~~ =r: =R '80 - "-om 9, => ?is en -< =2 ii, ''I, ,~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 NOTICE OF JUDGMENTITRANSCRIPT ~LAINTIFrtJONRE:SIR!H~I,,'l!~h LEASE, DOBRINOFF, JR., ELI M -, 169 STONEY RUN RD. DILLSBURG, PA 17019 L ~ VS. Mag 0111. No.: OJ Namo: HOM. SUSAN K. DAY Add"'" 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA "'0"","0: (717) 486-7672 17065 DEFENDANT: .. NAMEaodAOORESS fSMITH, TERRY A. & LISA HARDEN-SMITIi 1 N. LETORT DR. CARLISLE, PA 17013 L Docket No,: LT- 0000009 - 99 Date Filed: 1/19/99 LISA HARDEN - SMITH, DEF. 2 1 N. LETORT DR. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [R] Judgment was entered for: (Name) DOBRINOFF , JR'.. ELI M r_-::l Judgment was entered against SMITH, TERRY A. & LISA HARDEN- SMITH in a lXJ Landlord/Tenant action in the amount of $ , 2 ,419.93 on 1/28/99 . (Date of Judgment) O The amount of rent per month, as established by the District Justice, is $ , . 0 O. Damages will be assessed on: (Date & Time) The total amount of the Security Deposit is $ . 00 . " Rent in Arrears Physical Damages Leasehold Properly Damages/Unjust Detention Total Amount Established by OJ Less Security Deposit Applied = Adjudicated Amount $ 2,321.55 -$ .00 = $ 2.321.55 $ .00 -$ .00 - $--,-- .00 $ .00..-$ .00 $ nn Less Amt Due Defendant from Cross Compiaint - $ .00 Interest (if provided by lease) $ .00 UT Judgment Amount $ ?. ~?1 <;'i Judgment Costs $ q R . 'Ill Attorney Fees $ . 00 Total Judgment $ 2 ,419.93 o This case dismissed without prejudice. ~ Possession granted, o Possession granted if money jUdgment is not satisfied by time of eviction. o Possession not granted. o Levy is stayed for days or 0 generally stayed. o Objection to Levy has been filed and hearing will be held: Date: Place: I Time: ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER .,': " THE ENTRY OF JUDGMENT BY FII,ING A NOTI9EOF APPEACW!TH THE PROTHONOTARY/CLERK OF COURTS OF THE '. . \ . COURT OF COMMON PLEAS, CIVILOIVISION. . , ' ' '\'" ,I, , V,OU ~UST :N~LUDE AC~PY OF nIl! NOZICE~OF JUDr.ENT/T~(}NSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ": / -'..1.../ 0 t / . I "'".f',.( ,,',/' 'D,'str,'ctJustice .' I ae _ ' , I. ,.,'.' .~- I -, I, ' .1 C~rlif~ thaI this is a tj and correct cop~ of the te~9:? ~~.:~ prO,ceedings containing the jl:dg~ent. . '. 2, '/'/ Date' , , , ,. i ',.' " , Dlstnct Justice Mycommission expires firs,t'Monday of Januarj.! 0 04 " Aope 3150,96 SEAL , COMMONWIAllH 0' PENNSYLVANIA COURY 0' COMMON PLlAS NOTICE OF APPEAL "::>c;::., FROM JUDICIAL DISTRICT J:ISGj1r /r< lJrt V / DISTRICT JUSTICE JUDGMENT COMMONPLlASN.. Q9-. /"I..?;J, (Ju/ fIr; h) NOTICE OF APPEAL Notice is given that the appellant has liled in the above Court 01 Cammen Pleas an appeal Iram the judgment rendered by the District Justice en the dote end in the co," mentioned below. / V' tie 7: /-1, 0 '9 : NA!:J - 0 :J OTY 5!!JTf Cqr-/,',SJe ra. ~ (DoIondMtJ /f1. Jr. t;/,' M.... fer r t/-/.. ,'Str .',~.'.<" \;'1,:.\)., SIGNATURE Of APPElLANT HlSATTORNEl" RA NT CV 19.""'~"':: j:, :::;::/' ~.4 n \ ~ LP (I . ,LT1;-" ':;, ,',"". .-/ ~/J'- J /;/ ...!...I4_'.c. J~'~ ThIS block wili be !I9~d ONLY when ;thIS nctaficn 'IS '.required under Pc. R,CP,JP,.!<lc. If appellant was CLAIMANT (see Pa. R.c.P.J.P. No. 10088. ; ',,' ';":",. ," ,,'r ". This Notice 01 ~I. wh,en.~ n{ceived by the Qistrict Justice, wiil operate os a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS 101, he"j~,. ,t lOr, ,PaS..epiQ,ll in (~!s cose. I, " F/LE A COMPLAINT within twenty (20,.), days after ' .:"':: 'i r)., . /'" '.--f-..< I '.....--~'. Y .., ,,~'" 'O'?...?-<tr ,......../.:;~ ' filing 'his NOTICE ,of APPEAL. ' <.,.' ",' i .'J.'.:'., I'Sig~ature?!,.,.("CXlatarYCloeputy I ' (" i Iii,,,, -"."~'.i.,.,..~.. ',hl'" .:))\" \\;,~.\<,:~'\'..~_..' ;11 ~ l f '-;:::;\S'-0..~.",!t~~pP,ETO ~NTER RULE TO FI~~ fOMPLAINT At.I!>"RULE TO FILE I' !<,' (Th/s sect/on of fOrm to be used ONLY when appellant was DEFENDANT'! see Pa. HC,P.J.P. No, 1001 (7) /n action before DistJict Justi!';f!, ' IF NOT US, ED, detach from copy of notice of appeaf to be served upon appellee). ~' PRAECIPE: To ProthonotarY.J.. ','~i~",~,' <, Enter ruie upon () ~ 13 r ,. 11 a//?, I (/;-1, J:;. I;' /'r1 , apPellee(s)"id-fi~;;~:Plai~;i;, thisapp:"; /7 NiYf/e of 8(:pellee(s) '. . ~ " ":.;" (Cammon Pleas Nc,;;', 99 - ""1'::?.2. L'/ui( ~I)w;thin twenty (20) days after service of rule or S~;feJ ~9Jr.y)ai'j~dgmef1!jaf ~ prc~ '" I ~ "".. /' ;;, i,.,,:,".., I ~'_~ /7I'':':~~ 6., . " ~-,.' . .......-"........ ""'~ '..:.t4,.". ~ r - ' c?' /' Signature of '!fJP<tlatot,Oi,hlS attorney 01 agent RULE: To ;// () l! () r ,:~ · ;1.;: (/ '" t;::)'J1, appellee(s). ,: : Name 01 8(:pellce(sJ " '/-- t ,'.ro Z. 00< " '. .. (1) You a~:notifi;;d' thata'ruie is hereby entered upon you to file a camplaint in this appeal within twenty (20) days after the dote of service 01 this rule:liponiouJ>x :J5!iJsOiial.ervice or by certified or registered moil , '. ~ ",-::,':;'~':-.~?' ,~."., i.> :<>;. . ~.i \ (2) ~ YOU:~~ffilea camplaint Wi,thi~.t~is time. a JUDGMENT Or NON PROS WILL BE E~~ERED AGAINST you. . .-:-;....k:.. '-:" '" ; " ,{! T~~tol..rv,ic~a! this rule ifS.'t.~~ wos by mail: ~ate af:U Dote: ,~:- P ,19,99... . '/In . I P. '~. /H'J'''/ -~')~ ';,' :';, " ,;' .. : ( ~ 0/ ProthOootsty ~ ' ..' '-... .I'f \,,' ..::. ...... :'~/A:. , i;'~j' I 1\, ,'".,'" ' n" ", -'I /"i "." ,t, . \.- '!/ ~"-~t .';' ."~- :~\\," '. ,': . .... -..:- ,- .\\"",....,.....""'...":' N::tPC312.84 COURT FILE , ..... -.........--. "-- ..-. .---.--,--__.._.._.._._.'r__... _..__.._....., ..,... '." PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal 0/ sarv/ce MUST BE FILED WITHIN TEN (10) DA YS AFTER filing '110 notice 0/ appaal, Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY Of c.u.,,", ber \ a.", cL j 88 ,AFFIDAVIT: I hereby swear or affirm that J served , ~ a copy of the Nolice of Appeal, Common Pleas No, q q .. 1 '3;l , upon the District Justice designated therein on ' (da'a 0/ service) '.2 ~8-q'1 , 0 by personal sarvice i1'S- by (cerlified) (registered) maii, sender's receipt allached hereto, and upon the appeilee, (name) \~r-l"':;j~ A. S"".. 1-h.. , ,on .;l. -13 .- . 19.3~ 0 by personal service lill by (certified) (registered) mali, sender's receipt attached hereto, o and further that I served the Rule to Fila a Complaint accompanying the above Notice of Appaal upon theappellee(s) to whom the RlJle was addressed on , 19~ 0 by personal service 0 by (ceriified) (registered) mail, sender's 'receipt attached hereto. /" SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME / / (-" : __,~ I B*'- r- L M --i, , / ~!... ,. ). "_' '7(...-"'--- THIS " DAY OF reQr\.l<tr" "" ,19-"LL- _/.~(///l,"" 't::::2/.. "" ,~''/f") 1 "(... ' ~.. <r /, ' Signa Iura of aflianl ' ~.J.. t/" / ~~_m, ~-$U Signature af.01fic/cl~ bofora:whom'(ll~'dl.lil was mada .' "" ","'::', ' ',' ""'f,.'" , TWo O!:;'ff,~ifi ::--1 -:-::\ NeT ARfAL SEAL , :.' ," ." EL":INE M, REGI, Notary Pubhc My co:?'mls~j:on .~xPlr.t:'r on Gi~~Brli9Ie~Gumb&rIBnd-Com,ty-- 7;'r"';' ''": My.Commission Expires Nov 6.,2000 " . '.' i " _...,.....M~..~'t!'f,~\w,~~$mt~;.~:u,~I,~~,~~..Tr~~::?!;;\'"n(.:o._~ ,.' ,~...,.,\,.;'~ ... _..~.. .'". ,', I ""0 \.0 0 C \.0 -n s: .." ::r' -0(0 ,." m93 00 rll :JJ j Z I '~~ ~~ 00 ..:iJ. 0 1<0 -0 :'2'r; ~8 :ll: b:!! ZO :>~ - Om .. ~ ,~ en ~ 0'\ _..._--'~_=l..__ r r Paragraph and Paragraph 3 oflease agreement); and B. Term oflease for one (I) year, commencing November I, 1998, (See, Introductory Paragraph oflease agreement); and C. Late payment often (10%) percent after the fifth of the month, (See, Paragraph 4 of the lease agreement); and D. Late penalty offive ($5.00) dollars per day charged after the fifth of the month (See, Paragraph 4 of the lease agreement); and E. Courier fee of $25.00 each time Plaintiff or Plaintiff's agent goes to property to request the rent. (See Paragraph 3 of the lease agreement); and F. Payment of Sewer and Refuse costs on the property by Defendants. (See, Paragraph 9 of the lease agreement); and G. Tenant is responsible for all repairs, maintenance and upkeep of the property. (See, Paragraph 15 of the lease agreement); and H. Waiver of Notice to Quit requirements. (See, Paragraph 31 of the lease agreement)., 5. Defendant failed and continues to fail to make full and proper payment for December, 1998, and has a current remaining balance in the amount of$300.00. 6. Defendant failed and continues to fail to make full and proper payment for January, 1999, in the amount of$I,200.00. 7. As a result of the Defendants failure to timely and fully make payment of the December 1998 rental, Defendants owe a ten (10%) percent late penalty of$120.00. 8, As a result of the Defendants failure to timely and fully make payment of the January 1999 rental, Defendants owe a ten (10%) percent late penalty of $120.00. Page -2- , 1.11 1'1. LUX"lnJII, li". 169 SUny IW Read Dill slxi-g, PcmsylVill1ia 17019 (717) 43C-5720 H ~<+ 1-~Y:dO anouCfL lEASE tm:EJoEnT TillS LEASE AGREEMENT is .dated OCTOOER 20, 1998 LANDLORD: Eli, M. Dobr,inoff.Jr,.. 169 Stoney Run Road, Dillsbur,g, PA 17019 and: TENANT(S): 1.;.\ 4 /Jo.. rJpl1i .S"J:fl, ~ TP......::J S""':+), LEASED PROPERTY IS: I Uno::th I ntno::t no::ivn. Ca~1i.le. PA 170]3 ("PROPERTY") LEAS~ OEGINS I.t day of Novemher. , 199..lL:'. '. LEASE ENOS 3ht dayof Octoher. ,199-L.~ TilE LEASE AM,OUNT IS $ 1.:>00.00 V,month: $14.400.00 Iyear,. TilE MOVE IN DATE IS: Octoher :>0. 199" ** SEE ADDENDUM THAT IS ATTACHED** 1. USE OF PROPERTY. The Tenant(s) agr,ee that the pr,oper,ty is to be used only for, cOIlll1Cr,ical pur,poses as follow: VILLAGE CENTER ZONING , ' and for, no other, pur,pose until this lease ends. Tenant(s) agr,ees not to use the pr,oper,ty : for, any other, pur,pose without wr,itten per,mission of Landlor,d. \ . T '. 2. LO DESCRIPTION. SIZE of LOT: 1 ACRE wi th RANCH HOME W/GARAGE & WORKSIIP OLDG. Par,king for,Car,s or, Small Tr,ucks: 2 VECIIICLES 3. RENT. Tenant(s) agr,ees to pay on the m DAY OF EACII AND EVERY MONTH IN ADVANCE $1,200.00 . Payment of r,ent is at the business addr,ess of Eli M. Oobr,inoff,Jr" 169 Stoney Run Road, Oillbur,g, Pennsylvania 17019 or, at such other, place as Landlor,d~y designate in wr,iting. Payment is due without L~ndlor,d demanding the r,ent each month fr,om \ the tenant(s). A! $25.00 COURIER FEE will apply ,each time RENT has to be Requested Ort ... , :. pr,oper,ty site af,ter, DUE DATE. Tenant(s) is not ,allowed any, deductions in the r,ent amount. If Tenant(s;, shall continue in the pr,oper,ty for, another, lease ter,m. it is agr,eed that ':.' the r,ent amount for, the new ter,m will incr,ease five(5X) per,cent fr,om the pr,evious ter,ms r,ent amount. 4. LATE PAYMENTS. If r,ent is not r,eceived by the Landlor,d by the~day of the month a lOX penalty char,ge will be assessed, and an additional ~ per, day will be char,ged ther,eaffer, until the r,ent is Ijeceived. These additional char,ges ar,e char,ged and collected as additional r,ent. If the following months r,ent is also late the late char,ges will apply separ,ately to each month's r,ent and will continue until paid. Payments 'made will fir,st be applied to any outstanding balance. The late cHar,ge Shall compensate Landlor,d for, additional administr,ative costs and expenses caused by the late payment. ** ,SEE NOTE OELOW! 5. RETURNED CIIECKS. As a convenience to the Tenant(s) the Landlor,d is Willing to accept per,sonal/business checks in payment of any Obligation due her,eunder,~ however" in the event any check tender,ed to the Landlor,d ,i s di shonor,ed by the bank, then all futur,e payments ar,e to, be made by cer,tified check or, money or,de,;.' If any check for, r,ent is Ijetur,ned for, insufficient funds, or, any other, lieason, late chaljges will apply and will continue until the r,ent,is actually paid by the Tenant(s). In addition ther,e will be a Ser,vice Char,ge of $50.00 fOIj each dishonor,ed check. ~ If the Tenant(s) violates any of the Ter,ms and Conditions of this lease, the Landlor,d has the r,ight, to enfor;ce collection of the entilje unpaid balance of the r,ent for, the ''''r,emaining ter,m of the lease. ** LATE FEE CHARGE OEGINS ON TilE 6th DAY ALONG WITII TilE $5.00 PER DAY CHARGE. LATE FEE IS $120,00 which is 10% of $1,200.00. " , loll 1'1. LU.roUUII. ~. 169 Stm!y IW Road Oillslxrg, Pcmsylvania 17019 (717) 432-5720 /-f~'+I-}.'fdO ClJ.M:IuClt. l.EIISE tm:f1.EIIr , THIS LEASE AGREEMENT is .dated OCTODER 20, 1998 :'LANOLORO: Eli M. Oobl~inoff,Jr,., 169 Stoney Run Road, Dillsbur,g, PA 17019 and: TENANT(S): 1......\ 4 /jo.. ""denl .S",,:-fh ~ TPY"rV S"",:-I-), LEASED PROPERTY IS: 1 Mn~th I "tn~t n~i~". Corlisl/!. PA 17013 ("PROPERTY") LEAS~ DEGINS 1st day of Nov/!mhpr , 199-L.'. LEASE ENOS 31st day of Octoh/!r, 199-!L. TilE LEASE AMOUNT IS $ 1.?00.00 ~month; $14.400.00 /year,. TilE MOVE IN DATE IS: October ?O. 199R ** SEE ADDENDUM TIIAT IS ATTACHEO** 1. USE OF PROPERTY. The Tenant(s) agr,ee that the pr,oper,ty is to be used only for, cOIllllCr,ical pur,poses as follow: VILLAGE CENTER ZONING , , ,.a~d for, no other, pur,pose until this lease ends. Tenant(s) agr,aes not to use the pr,oper,ty for, any other, pur,pose without wr,itten per,mission of Landlor,d. 2. LOT DESCRIPTION. SIZE of LOT: 1 ACRE with RANCII HOME W/GARAGE & WORKSHP BLDG. Par,king for, Car,s or, Small Tr,ucks: 2 VECIIICLES 3. RENT. Tenant( s) agr,aes to pay on the ill DAY OF EACII AND EVERY MONTI/ IN ADVANCE $1.200.00 . Payment of r,ent is at the business addr,ess of Eli M. Dobr,inoff.Jr" ,,169 Stoney Run Road, Oillbur,g, Pennsylvania 17019 or, at such other, place as Landlor,d ~y ,designate in wr,iting.Payment is due without L~ndlor,d demanding the r,ent each month fr,om ,(.the tenant(s). A\ $25.00 COURIER FE,E will apply,each time RENT has to be Requested 9n. ,:,"pr,oper,ty site af;ter, DUE DATE. Tenant(s) is not,allowed any deductions in the r,ent ~niount. /,//' 'If Tenant(si. shall continue in the pr,oper,ty for, anothe~ lease ter,m, it is agr,eed that :'i.,(ii'- . ;;~:.,~th.e r,ent ,amount for, the new ter,m will incr,ease five(5%) per,cent fr,om the pr,evious ter,ms 'r,ent amount. , 4. LATE PAYMENTS. If r,ent is not r,eceived by the Landlor,d by the~day of the " "-l1loiith a 10% penaltychar,ge will be assessed, and an additional $5.00 per, day will bechar,ged '~>"",",' -,' , "- ,t,'\}her,eaffer, until the r,ent is r,eceived. These additional char,ges ar,e char,9cd and collected ~,,'as additional r,ent. If the fOllOWing months r,ent is also late the late char,ges will apply :r'::~ellar,atelY to each month'sr,ent and will continue until paid. Payments 'made will fir,st i,-y"be' applied to any, outstanding balance. 'The late char,ge shall compensate Landlor,d for, :;i'=:ad~itional administr,ative costs and expenses caused by the late payment. ** SEE NOTE DELOII! ' 5. RETURNEDCIIECKS. As a convenience to the Tenant(s) the Landlor,d is Willing to <~cceptper,sonal/business checks i~ payment of any obligation due her,eunder" however" in the ,event any check tender,ed to the Landlor,d is dishonor,ed by the bank, then all futur,e payments "(~r.~tlJ be made by cer,tified check or, money or,de,;. If any check for, r,ent is r,etur,ned for, :;F:fnsUfficient funds, or, any other, /jeason, late char,ges will apply and will continue until the ~ti~entis actually paid by the Tenant(s). In addition ther,ewill be a Ser,vice Char,ge of j;2$50.00,for, eachdishonor,ed check. , ;'. If the Tenant(s) violates any of the Ter,ms and Conditions of this lease. the Laridlor,d ,;:.e'l1a; ther,ight 'to, enfor,ce collection of the entir,e unpaid balance of the r,ent for, the O':'r,emaining ter,m of the lease. *~LATE FEE CHARGE DEGINS ON TilE 6th DAY ALONG WITH TilE $5.00 PER DAY CIIARGE. LATE FEE IS $120.00 which is 10% of $1.200.00. . '. , . 6. SECURiTY DEPOSIT. Tonant agrees to pay asocurity dopbsll of $..l.2.00. 00 at . . lhe time of signing this lease. Landlord may deduct from tho security doposlt:. (0) tho cost of any damagos to tho proml~os: (b) the cost of any cleaning not completed by Tenant: ' , , (c) any, unpaid amounts due under 1I11~ lea~e: and (d) tho cost of any damoge or loss' suffored by Landlord duo to Tenant's brooking tho leoso. Tenant Is rosponsible for any damago to the properly, beyend normal wear and tear usl!. The total a~ounl of such cests or damages shail nol be Iimiled by the amount of the depo~lt. Landlord shali relurn the deposit, less ony deducllon~, within 30 days of the end of thl~ lease. TENANT MAY NOT GIVE UP THE SECURITY DEPOSIT INSTEAD OF PAYING THE LAST MONTH'S RENT. .... 7. INSPECTION OF THE PREMISES. Tho lenant stales that Ihey havo persOnoIiY,,f\j . Inspected the properly and finds it !n good repoir and In proper working order. Tenant accepls the'~ entire premises as Is. TENANT shall give to the LANDLORD a ilst of any damage or defects In tho~~ property within 5 days or movlng'into the ~roperty. Tenant's failure to prOVide the LANDLORD with ~_ a IJst wllhln 5 days, will be considered sufficient evidence that no defects or damages exist on the ~ ,I. properiy. ** TENANT(S) INSPECTED PROPERTY PRIOR TO DECIDING TO LEASE PROPERTY AND THEY ARE AWARE OF DINNING ROOM LIGIIT FIXTURE NOT WORKING. THEY AGREED TO RE.NT. PROPERILIN "AL1S-.LONDITION: . . 8. HABIT ABI ITY CLAUSE. Tenant agrees ll1at prior 10 the signing' of the Lease that lenant has examined the properly and determined that the properly Is 0 suitable commorci~1 facility for the Tenants. :', 9. UT(L1TIES. Tenant agrees to pay 011 cosls for: -LElectrlc -LGos -LWater -LSewer --X-Refuse -X-Heat Landlord agrees to furnish the following utility Items at Landlord's expense: LANDLORD WILL ONLY PAY PROPERTY TAXES ON PROPERTY. 10. ADDITIONAL PROVISIONS: Tho fOllowing addillonalprovlslons attached to this leaso " ore a part of this agreement. IF. TENANT! S) DESIRE CADLE SERV I CE THEY MUST PAY FOR INSTALLATION OF THIS SERVItE AT THEIR OWN EXPENSE. . ~ ,11. USE OF THE PREMISES. Tenant will use the Preperty only for those commercial matters set forth in Paragraph 1. Tenant will permit no unlawful business or conduct to be carried . . I- on or upon the premises. Tenant will not permit anything to bo done conlrary to 1110 condition's or any Insurance policy or which increases the hazard or causes such insurance to become ", In~~lidated. Tenant wiil abide by ali Stato/Foderal Environamenal Lows and regulations. 12.. RESTRICTION AS TO DOGS, CATS .oR OTHER ANIMALS. Tenant agrees not to keep or aliow a dog, cot or other animal on the property at any time, If TENANT breaks this rule, Landlord can coliecl 0 penally from Tenant In the ariiount of $2.00 per day for each animal on the, '. , Pr~periy. Landlord i~ also aliowcd 10 remove any onimal found on Ihe Property at any, time to on anImal sheller or other such location at Tenant's expenso. The cost of repaIring any damage caused by the animal kept or allowed onlhe Prop~rty shall bo charged to the Tonant as addlllenal renl and shall be collectible as such. ,13, SUBLEASE. Tenant agrees not to allow any persons to use the property, other than those IIstod on the leaso, nor pormlt Iho use of Iho Proporty or any pan of Ihe Propony to any olhor ,porson without the prIor wrlllon cqnsent of Landlord. . '\., 14. CARE OF THE PROPERTY BY TENANT, TENANT AGREES NOT TO IN~UAE OR DEFACE THE PROPERTY IN ANYWAY, BUT TO KEep AND PRESERVE THE PROPERTY IN ..' . '. ,'GOOD ORDER. At tho en? of this loaso, TENANT,agroos 10 peacofully and qUietly give up ~,10 Property in as good or bollor order and condition as it Is at the time of first taking possession. . . , . ~. , A, Tenanl shall not drive nalls, screws or tacks Into tho walls or woodwork, nor mark these In any way.~ Plclures or other Items shall be attached to the !Valls by a method approved by Landlord. The cost of repaIring any defacement or damage shall be charged against the Tenant, regardless of What person caused the damage. B. Tenant agrees not 10 keep, use or allow any Inllammable or explosive fluids or compounds within, on or near the Properly without written permission of Landlord. C. Tenant agrees to protect and keep the entire Property secure at all times. D. Tenant agrees not to place or permll cars, trucl<s or other vehicles on the lawn or on other parts of the Properly where they ar~ not Intended, Including heavy trucks and equipment on the blacktopped or concrete drives and parking areas. E. No junked, disabled or vehicles wiih expired registration and/or without current , Inspoction stlckors shall be permitted In, on or apout the Properly. Wrillen notice of no less than seven (7) days shall be provided by landlord 10 tenant to remove said vehicles frem Iho Property. If the vehicles are not removed, landlord can havo the vehicles removed at Tenant's oxpense. Tenant releases Landlord from any liability of any kind for removing the vehicle. Any damage to the Property caused by Tenant's failure to follow this lease provision shall be charged agaInst Tenant as additional rent. F. Tenant agrees.to nolify Landlord in writing prior to leaving the Properly for any extended perIod of time In excess of 7 days or more. Such notice does not relieve Tenant from the duty to keep the ProperlY secure. al all times, nor from all his other responsibilities for the Properly under the terms of this lease.' G. Tenant agrees to keop the Properly and its appliances and equipment clean and free from rubbish'~or trash at all limes and to shampoo any carpeting on the Properly peri,odically as needed. If Landlord Is required to pay for any cleaning or haUling of trash, Ihe cost willli,e charged 10 :renant as additional rent. H. Tenant agrees to remove all snow and Ice from the sidewalks and driveways on tFHi ' properlY. If '~andlord Is required 10 pay for any removal of snow er iee, Ihe cosl will be charged'lo Tenant as addil/onal rent. , , I. Tenant agrees to keep the Property heated at all limes during the healing season. In the event Tenant does not heat the property, and a freezing or bursling of pipes or other damage occurs due to the lack or heal, the cost of repairIng' the damage shall be charged agaInst Tenant as addUional rent. J. TENANT shall keep tho lawn In order and all shrubs noally trimmed during the term of the lease ,and keep Iho extorior of Ihe Properly froe, from lrash and In good order and condition at all times. ~'\, .. 15. REPAIRS, The Landlord shali not be ~equired to perform any repairs during this lease, except allhe Landlord's option or as required by law. Tenant Is responsible for all: 1. Maintenance; 2. Repair; ~nd 3. Upkeep. Upkeep shall Include, but not be limited to healing, air condlllonlng, and septic tank cleaning. Tenant shall furnIsh and replace as needed all fuses, IIghl bulbs, furnace and oxhaust fillers, flcurescentlighl tubes and slarters, smoko detoctor balteries and all other such consumable Items and supplies used In the leased Properly during the term of this lease. .. Tenanl shall be responsible ror opening clogged drains, toilets, sinks and traps caused b~ ' Tenanl's usago. Tenant shall be responsible for extermlnallon services for any Infeslallon of , Insects (othe'r than lermltes). vermin or other Inrestalion within the leased Properly. Tenant shall nollfy the Landlord of any roor i~~k or other major repair or replacement 10 the I~ased Property which may become necessary. Tenant shall be hold solely responsible for th!l cost or any,repair or replacemenl Which becomes necessary due to the willfulness, ~egleCI"o'r . , , n,!lgllgence o'f Ihe Tenanls or their vlsilors. , 16. Np REDUCTION IN RENT FOR REPAIRS, No reduclion Inront or olher compensAtion shall be allowed by Tenant for: , (a) any inconvenIence or discomfort ~rlslng from repairs or Improvements being made to the ProperlY or Its equIpment; or (b) for any space taken to comply with any law or government authority; or (c) from Landlord's failure to suppiy any services, ullllty or supplies agreed 10 in this lease due to causes beyond Landlord's conlrol. In Ihe case of any such limitation of services, utility or supplies, Landlord shall make a reasonable errorl to fix the same as soon as practicable. 17. IMPROVEMENTS MADE BY TENANT TO REMAIN. TeNANT SHA~~ MAKE NO ALTERATIONS, ADDITIONS OR IMPROVEMENTS' TO' THE PROPERTY WITHOUT LANDLORD'S WRITTEN PERMISSION. (a) Any alieratlons,additlons or improvements made by either Landlord or Tenant shall be the properly of Landlord and shall remain a parl of the Property at the termination of Ihis lease without Injury! (b) It Is specifically understood that any fixtures or equipment whIch Tenant may install or atlach 10 Ihe Property In any way", except moveable furniture. shall be and remain the exciuslve property of Landlord and Tenant shall not be allowed to remove the same at the end of this lease. '.' '. . - (e) If Tenanl, oller inslalling any such flXlures, addillons or equipment removes them from' \ . . . lhe Property'conlrary 10 this provision, then Landlord may collect the value or the flxlure, equipment ' , " " . (', . or Item removed asaddllional rent and may use any provIsIon of this lease for the purpose. (d) Tenant shall nol Change the locks on the Property nor Install any addilionallocking , devices wlthoul the prIor wrilten consent of Landlord and wilhout supplying Liindlord wilh duplicalEi' , sets of all key-s; as direcled by Landlord. ~ ~ 18. INSURANCE CLAUSE. Tenanl shall be responsible for their properly, equipment, ,Inventory and belongings placed upon the Property. All insurance on Tenant's goods shall be the responslbllily of the Tenant. 19. SECURiTY. Tenanl agrees 10 assume full responslbilily for the security and safety of ." I ,.'\, . I the Tenanls of Ihe leased Properly. Tenant agrees Ihat at T~nant's own expense 10 lake such addlllonal security measures as Tenant deems appropriate and with the prior wrlllen consent of the Landlor~. Landlord makes !lo representallons as to the securlly of the properly. 20. TENANT'S NOTICE TO VACATE, Tenant MllSI provide landlord with 30 days written nollce to vacate the Property PRIOR TO TFRMINATION OF I FAf'lF Failure to provide said notice shall result In a loss of the securlly deposil. Tenant Is hereby notified and required by Landlord to vacate the Property 10 Landlord allhe end or Ihls lease, as ills Landlord's desire to repossess the Property al that Hme. Tenant accepts and admits due service of this notice to Vacato the Properly. 21, HOLD OVER PROVISIONS. If Tenant should Slay beyond the expiration of Ihls iease and Landlord accepls any rental for any parl of the hold.ovor period, then the new leaso torm shall bo for tho same period of lime as tho 'initial term of this leaso, subject to Landlord's right to tormlnale the lease at any lime by giving Tenant len days written nolice of the earlier dale of lormlnatlon. All terms of Ihe lease shall remain effective In any subsequent hold. over terms. , Landlord and Tenant agree thai, In the absence of a new lease or written agreement of lease, no prior or su~sequenl verbal agreement to vary this provision shall be enforceable. " - If Tenani shall hold over beyond the expirallon of this lease after Landlord has made an offer in wrlllng to renew thIs lease for an !ncreased amount of renl or under different terms and condillons, TENANT Is then subject to the new rent amount or terms. , 22, TENANT'S DUTIES AT END OF LEASE, Tenant will deliver the Properly to Landlord , In as good or beller order and condition as at its beginning. , Before leaving the Property, Tenant shall thoroughly clean the Property, so that the Prope,rlY Is 'l . ~ . ready for another occupant, to the satisfacllonof Landlord. Cleaning shall include, bul nof'lie limited, to ~II appliances, fixtures, furniture, shampooing of carpet, walls, floors, ceilings, windows, woodwork, doors, removal of rubbish and garbage from the Properly and surrounding land and 'lawn mowing. If Tenant fails to do this, Landlord may pursue and collect Ihe cost of cleaning as . .', additional rent and may use any provisions of this lease or any legal remedy for that purpose. < 23. DEATH DOES NOT EFFECT THE LEASE. Dealh of either Landlord or Tenanl shall not effect nor end this lease. 24, TENANT'S FAILURE TO TAKE POSSESSION, If Tenant fails to take possession of the Property atlhe,time agreed upon, TENANT Gives up all rIghts under this lease, and Ihe lease shall end at the opllon 6f Landlord, and Tenant shall not be allowed to recover any rent or deposils made 10 Landlord, Tenant releases Landlord from any liability for failure to deliver possessIon of the Properly due to causes beyond Landlord's control. ." 25. LANDLORD'S RIGHT TO TERMINATE LEASE. Landlord reserves the right 10 end this lease al any time upon giving 30 days written notice to Tenant. Tenant agrees to leave the Property on or before the end of the notice period. If Tenanl fails to leave the Property, Landlord ' may use every righl provided in this lease or as provided by law to obtain possession of the Properly. 26. FIRE CLAUSE. In case of fire or olher casually, Landlord shall have, the rlghl to Immedialely end Ihis lease and oblain full possession and occupancy of the Proper~y by giVing ," . ~.\. . I .' . ':.wrlllen notice to Tenant; or, If Landlord shall elect to repair the damage and not to end this lease. . , , lhen such repairs shall be accomplished as fast as prncllcablo, and this lease shall not bo aflocted whatsoev~r, Including Tenant's obllgallon to pay ront. Tenant agroos to notify Landlord Immediately In case of fire or ot~er casualty. 27. EMINENT DOMAIN. 1f,Ihe whole or any pari of tho Proporty Is laken undor eminent domain, ,then this loase may end at Landlord's opllon. ' : \., 28. PRIORITY OF LEASE. Tonant agreos Ihat this loaso Is under or may be under, and subJoct to morlgages and other security interests, The mortgage holder has superior rights to thoso of the tenant. By agreeing to tho priority of the lease,TENANT Is allowing the LANDLORD'S mortgage holder Ihe right to end the lease. 29. RELEASE OF LANDLORDrS RESPONSIBILITY FOR DAMAGES AND INJURIES. Tenant releases Landlord from any rosponslbllitylflabllily for any personal Injury or damage 10 a person or property of TENANT, TENANT'S family, frlendsr guest or invllees, not arising from the negligence er Intentlenal acl of Landlord. In the case of damages to the properly of Landlord created willfully or by the carelessness or neglecl of Tenant, his guests or any third party, Tenant agrees to pay 10 the Landlord to the full e*tent of such damages. Sold dall;ages t~ be payable os additional rent and collectible as such: 80th Temipland Landlord aCknowledge that hidden or latent hazards may exist In puildings, particularly in' older ones, InCluding not only those of the structure and its systems, "but also, . "'\ '. substance related hazards such as lead paint, asbestos and radon gas. While Landlord has no , specific knowledge of the existence of any such hazards and believes the properly to be iii for commercial purposes, Landlord cannot and does not warranlthat such hazards ore absent, that such substances are absent or that the properly is entirely safe for all forms of occupancy or for any parllcular use and so advises Tenant. ..\. 30. LANDLORD'S RIGHT TO ENTER AND LABEL PROPEIUY. Landlord has the right. 10 labellhe Property for renl or sale and to enter the Properly (accompanied by others if so de'sired by Landlord) at any reasonable lime to examine the condition of the Properly or for the purpose of making repairs or improv~ments, protecting the ProperlY from damage or showing the Properly forrent or sale. Tenant shall not unreasonably restrict or prohibit any, such entry. '~ . If Tenant should leave the Properly permanently or temporarily during the term of this lease or , . , in the case of an emergency situation, the Landlord' or his employees or agents sl1all have the right and are aulhorized by Tenant, to Immediately enter the same for-the purpose of protecting the Property from freezing and bursting of water pipes, or any other damage which might threaten the ProperlY, or to respond to any emergency situation. Any such entry by Landlord, his employees or agents shail not be considered as a forcible entry , or, trespass ,and Tenanl gives up all right of aciion at law for forcible entry or trespass in such case, 31. NOTICE TO LEAVE. NOTICE TO QUIT is a writing delivered to TENANT or posled on .', the property that leils the TENANT that TENANT has broken a condition of the lease agreement. The TENANT agrees that the notice to quit is given up by the TENANT and LANDLORD does not need to give TENANT the Notice to Quil. " 32. D~FAUL T CLAUSE. During, the term or this le~se or any of its renewals. if any or the' following conditions occur and as often as they may occur TENANT breaks the lease. \ ,.0\" ,,' 1) Fflllure to make a payment of rent or olher charges on time; or \, , 2) If 'Tenant shall make any attempt to remove the goods or effects of Tenant's or . eccupants oul of or off of the Property; or 3) Leave the aparlme~l permanenlly wllhoul first gelling LANDLORD'S permission In wrliing, prier 10 the end of the lease term; or 4) Fall 10 perform any of the lease condlllcins: or 5) Break any rules or regulallons, not fixed during a period of 5 days after wrlllon nollco has been given to TENANT. ' 6) If a pelllion for legal determlnallon 01 Tenant as a voluntary or Involuntary bankrupt shall be filed under the Acts o( Congress relating to bankruptcy, or 7) if an ap~Ucatlon Is made for appointment of a receiver for Tenant; or 0) If Tenant makos an assignment for the benefli of credilom, wlihout first having paid and , satisfied (he Landlord In full'for all rent which may become due and payable during " the term of this lease; LANDLORD MA Y THEN IMMEDIATEL Y PROCEED WITH: ' A. A courl order to gel back Properly and/or to coUect aU rent and additional rent due; or B. A Courl ncllon for seeking a judgment for overdue renl, lale charges, monetary damage and allorneys fees caused by TENANT'S defaull; or . . ..j C. A Court order for the unpaId re~t for the balance of the lease term or until another person lives In the apartment as a new lenant. \ D, Take Immediate possession of the ProperlY, as though this lease had expired; provided , , , , said acllon Is legally permissible. Said acllon shaU under no cir~umstances be 'consldered as an >- evicllon o( the Tenant, nor as forcible entry, nor a holding back of the Properly from Tenant; Tenar.!; forreltlng possession by such default, and/or , E. Declare this lease null and void and demand possession of the Property from Tenant, 'using any rights or romodles as providod by law. " F. , cqllect ail costs Incurred for loss of interim rent, advortising, brokorage (eos, do~orating and proparlng tho Proporly for anothor occupant, attornoysfoos, court cosls, cost 01 time spent by Landlord and Landiord's employees In securing another occupant for the Properly and all other costs incurred by Landlord by vlrlue of Tenant's default. G, Confess judgment for money against Tef,lanl. H. Confess jUdgment In ejectment against Tenant. 33. CONFESSION OF~UDGMENT CLAUSES. If you, the tenant, do not pay the rent, , if youfaU to perform the conditions of this lease, or if you abandon the leased premIses prIor to the , , ,end of the term and wilhout the Landlord's written consent, the remedies contained in tho next paragraphs may result in your giving up the right to' present your case in courl before a judgment 'Is e'ntered agaInst you. Read those provisions carefully and if you havo questions, ploase consull : legal counsel b,eforo signing lhis leaso agreomont. '" WARRANT OF ATTORNEY TO CONFESS JUDGMENT FOR MONEY AGAINST TENANT. If tenant shaff fall to mako timely payment of ront aslt becomes due, or If tenant shall refuse or lal/to pay any damages, additional rent or charges after the date whon such payment shall have been due, Tenant hereby empowers any Prothonotary, Clerk of Courts 'or Attorney of any court of record to appear for Tenant In any and all actions which may be brought for nny rental damnges, additional rental or chargas due under the terms, covenants and conditions of this lease agreement and confess judgment against Tenant for any and all such rental, damages, addlllonal rental or charges, together w/th 10% percent added as reasonable attorneys' fees. The authority granted by Tenant to confess judgment shall, not be exhausted by one exercise thereof, but the powers granted herel/) may be ..\ .-\. . I . ,'.exerc/sed In any subsequentacllon against Tenant, The authority to confess Judgment shall " ",( conllnue through the original ,term of this lease and for any renewals, and followID9 termInatIon of this lease, for any period during which the tenant has, possessIon o(~lie ' leased promises, . \ WARRANT OF AlTORNEY TO CONFESS JUDGMENT IN EJECTMENT, It tenant shall fall or refuse to make any payments required under the terms, covenant and condlllons of this lease agreement, or If tenant shall ~roach any of tho torms, covenants or conditions of this loaso agreement, or If tonant shall abandon tho loase premises prIor to tho expiration of tho lease, term without the prIor written consent of Landlord, then tenant horeby authorizes and empowers any attorney of a Ceurt of Record to appear as attorney for tenant to enter In any competent court an amicable action and JUdgment In ejectment against tenant and any person claiming the right of possession through tenunt for recovery of possession of the leased premises by landlord. The right and power to confess 'judgment In ejectment against tenant shall not be exhausted by one exercise thereof, but if tenant shqtl be In possessIon of the leased premises, Landlord shall the right to exercise the power In any subsequent action In ejectment tor recevery of possession ot the leased premises. 34, COURT O,RDERS. II LANDLORD:gels a Courl Order against TENANT, TENANT may lose properly, money, automobiles, furnHure and other belongings as allowed by law. 35, ABANDONMENT OF TENANT'S GOODS If Il appears to Landlord Ihat Tenanl has abandoned the leased Property, Landlord shall bo allowed to remove Tenant's belongings and dIspose of them as Landlord sees Iii without any liability whatever to Tenant. It shall bo conclusively presumed that Tonant has abandoned the Properly and his belongings if Tenant has been absent ,fronllhe leased Property for a continuous periOd ot seven days without previOj,/~ly notifying Landlord 01 said absence in writing. In tho event Landlord obtains a judgement tor possossion of the leased Property, then the Landlord shall be allowed to remove and dispose of the Tenant's belongings which are located at the leased Properly wHhoLlI any Iiabilily on Landlord, 36. TENANT'S WARRANTY AS TO GOODS ON PROPERTY. Tenanl affirms Ihat ail goods placed on the Properly during the term of this iease are Tenant's soie property and are not ,exempt from any claims for rent. This lease Is entered Into with Ihe above understanding betw~,~~ , Landlord and Tenant. '" \, 37, LANDLORDrS ENFORCEMENT RIGHTS TO BE PRESERVED. II is agreed that acceptance by Landlord of any rent at any tIme after the ront has become due or default has been made in Ihe:payment of rent or any failure of Landlord 10 enforce any of his rights under Ihis loase shall In no way be considered as the LANDLORD'S giving up the right to enforce the same and landlord may do so without any notice whatever. Any allemptto collecl rent by one proceeding , shall not waive Landlord's rlQht 10 collect the same by any olher proceeding. Landlord reserves , " ' the right to apply any paymr' loward delinquent renl, current rent or any other charges"duc under " Ihls lease at Landlord's opllon. , 38. TITLE AND QUIET ENJOYMENT. Landiord nfl/rms 10 Tenant that Landlord has Ihe right and authority to enter Inlo, execute and deliver this lease. Landlord further affirms that if Tenant pays Ihe rent and performs the duties, covenants and 'responsibilities of Ihis lease, then Tenant shall have and may peacefully and quielly hold and enjoy the Property for the term o'f this lease without hinderance from the Landlord. 39.SMOKE DETECTORS. It shall be the re,sponsibiiity of the tenant to install, inspecl an~ test the operation of the automatic detection devices al the beginning of the tenant's occupancy and then mOnlh/}' thereafler and to replace ballerles, if noeded In order 10 keep the automatic ..~\. , '. i ADDENDUM II THIS IS A'ONE YEAR LEASE FOR TilE PROPERTY KNOWN AS: 1 NORTII LETORT DRIVE, CUMDERLAND~OUNTY. CARLISLE, PA 17013. TENANT(S) HAVE DEEN INFORMED DY LANDLO~D TIIAT ~HIS PROPERTY IS ON TilE REAL ESTATE MARKET FOR SALE. IN TilE EVENT TIIAT THIS PROPERTY IS SOLD. THE TENANTS WILL DE INFORMED DY THE LANDLORD THAT THEY HAVE 90 DAYS TO VACATE SAID PROPERTY. LISA HARDEN-SMITH ~ ~l~r\)~U DATE IO-fi-ti \/ TERRY SMITII DATE /0 -;)0.9; , WITNESS: DATE !IJ -;).1. 7.? , I ,1-., , Eli M. Dobr,inoff, Jr,. 169 Stoney Run Road Dil1sbur,g, PA 17019 (717) 432-5720 Januar,y 4, 1999 Ter,r,y A. Smith & Lisa Har,den-Smith '1 Nor,th l~tor,t Dr,ive Car,lisle, PA 17013 RE: Commer,ical Lease Agr,eement for, 1 Nor,th Letor,t Dr,ive, Ca~lisle, PA Default Clause Failur,e to Make Payment of RENT , . ,I !, ;... I ~.....' Dear,'~er,r,y and Lisa: Thi s Noti ce is to i nfor,m both of you that our, Lease si gned on 10/20/1998 ' i has been br,oken due to failur,e on your, par,t to make the monthly r,entpayment on time. As of today, Januar,y 4, 1999, your, December, 1st, 1998 r,ent payment has not been taken car,e of and now Januar,y 1st, 1999 payment is due also. Upon the signing of, this tease, we had a lengthy discussion about the r,ent being paid on the due date each month. You both agr,eed that a situation would not occur, asit did with the Sales Agr,eement we had for, the houseih Newvi H e~ I wi 11 not tol er,a te getti ng into another, case 1 flee the 1 ast one. Listed below ar,e the amountscur,r,ently owed for, this-LEASE: $ 1,200.00 December, I, 1998 Rent $ 120.00 10:1: Penalty Late Fee for, December, I, 1998 Rent Not on 'Ti me $ 150.00 $5.00 Per, Day Late Char,ge as of today's date 1/4/99, this fee keeps on accr,uing until r,ent is paid in-full. 5 tour,ier, Fee char,ges for, Rent r,equest: Dec.7,1998 Eli stopped but No Answer" Dec,11 Car,ol. stopped ta Hed wi th Cr,ystal Har,t, Ter,r,y & Lisa Not Home, Dec.12 Car,ol st~pped 2 times, 1st time only an old man home alone and 2nd time she explained ever,thing to Ter,r,y & Lisa, Lisa got upset, Dee.28th Eli stopped and talked with Lisa, she claJmed that on Dec.31st the checks would come and r,ent would be paid, Jan.3,1999 Both of us stopped, knocked on dQor, and a lady, by the name of Mr,s. Cr,amer, answer,ed the door" she said th;at., . - I ~-" Ter,r,y & Lisa ar,e not home and that she was r,etur,ning Her, sor that lives ther,e at the home fr,om his Chr,istmas vacation., Fair,clothPlumbing& Heating for, a ser,vice call made t~ thiE pr,oper,ty that was not .due to any faul ti n the pr,oper, (11 ~ $ 125.00 (( $ 28.00 (Continued Page 2) fu~ctioning of the newfu~nace installed by the Land10~d. Tenants we~e neg1 i gent in havi ng the atti c fan tur,ned on, and that was pulling all the heat out of the home. '$ 1.200.00 Januar,y 1. 1999 Rent ~ ,,' $ 2.823~00 TOTAL AMOUNT DUE AS OF TODAY'S DATE JANUARY 4. 1999. On Decenl.~e~ 28th. 1998 the day that E1 i stopped and talked to Li sa , , the ~ent money owed. ther,e was never, no mention made about a pr,ob1em with the heating system not wor,l:ing pr,oper,ly. Land10r,d did not become awar,e ,of this until r,etur,ning home and ther,e a~e 2 messagesfr,om Te~~y on the'r,ecor,der, that ther,e is no heat in the house. The 1st message was placed 10 minutes afte~ El i had 1 eft the p~oper,ty. Tenants made no attempt to contact Fa i r,cl oth about a p~oblem ther,e with heat. They claim it was a week that th~y had no heat. Eli had called Fair,c10th and made ar,r,angements for, him to go to the pr,ope~ty the ver,y next mor,ning. A Notice to Quit was posted on pr,oper,ty on December, 7. Eli Dobr,inoff. Jr,.. between fr,ont door, and the stor,m door,. , the door, that day. Legal action is in the pr,ocess of being' star,ted for, your, eviction of said pr,oper,ty due on non-payment of r,ent due. owed. and demanded onseve~a) occassions eithe~ by Eli or, Car,ol. If you wish to continue r,esiding in said pr,ope~ty. all ~ent mdnies. ' all late fees. $5.00 per, day late fee cha~ge. utility ~epair, bill. and cou~ier. fees must be paid in-full befor,e Midnight Janua~y 6th. 1999. Ther,e will be no extensions on this date. The Distr,ict Justice will .have pape~s in hand on Januar,y 7th.1999. I am not inter,ested in as 'to why you can't pay':Cthe 1998 by Land10~d. No one answer,ed I" any mor,e stor,ies of whatever, natur,e they maybe r,ent. ~.- . , , Sincer,e1y. -d~?J/'iD~2 ] CBM. DObr,inoffvJr,t!C Landlor,d/Pr,oper,ty owner,;I ~ , , i " ... I ~",,' " Ter,~y & Li sa -~.,.... ...... t:') f:<; 'c ""- l-c' ., UJ~}. -'" (.'C) ~,~. ti:-r LC ~-!; i=:: 60 (1"' ., c-..c wo.. N ffU.: C" '~ .:::( U. C' " -,0 CT' " r;: ~3~',~ .' ,....,.. , .. .~'.":; -, , n::< .~. ~.! !.IJ ~':~ t.:.. .> ~;.::; (:) >- IT; "'- o U.l_,~ c.2C) G.: _" I' ...J_ '~9 L1..!ll.. U:lU :c 1-' u_ o ....... ...... co >- t;: ~~~ "~.'.~ ~~:~ i1 ":.:12 ::1.:2:: L!JUJ [:.1(1- ~ :.;. U ~ '-:, 4 ~ 1 ~ ~ \s' ~ f:6 ~ \' '- "f) ~ CS} '\ ~ @j ~ - N ~::: Cl.. -.:J" n:: CL. << O'l en .. r- e,; (.,-- r , " I I J ( '. ( , ; , (;-~ " "".. , I , , ,< C.::' r"-. I, , lJi ('.: i ...J , (:z~ " I c: . .. ~..:... I' (n ; ; - , () ; U ,,~ ~ ~ ~ ~~ ~~ ~~~ ~ ~ ~ ~. ~ ,I i I ~ ~ Ci;\ ~~ r ~ ~ \~~ ~ ~ ~]. ~ ~~' '~~, ~ . 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