HomeMy WebLinkAbout99-038819
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I OF PENNSTLVANIA
COURT OF COMMOP
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No W -3-9VI d.... //
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
Jack Gaughen Prop. vigmt./Bill Vargo 09-3-05
3512 Trind:e Road Camp Hill PA 17011
5/27/99 Jack Gaughen Prop. Mgmt./Rill Vargo,, James & Patricia Pomarico
JUDICIAL DISTRICT
CV is
LT 19
Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa. RC.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon James & Patricia Pomarico , oppellee(s), to file a complaint in this appeal
Name or appelAwis)
(Common Pleas No 99' 3s8/ (,,l(yk.E' ) within twenty (20) days after serviceSf fule r suffer entry of judgment of non pros.
Signatwa of aqx f ?w h- attorney or agent
RULE: To James & Patricia Pomarico , appellee(s).
Nana of appe64.vys)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
??? (3) The date of service of this rule if service was by mail is the date of mailing
Dote: SI fw Pratnwwrary or papuN
000113-99
ONLY when this notation is required under Pa R.C.P.J.P. No
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
AOPC 312-M
COURT FILE TO BE FILED WITH PROTHONOTARY
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Recelved: 6/23/5Ta 13:53; 404 433 8576
JUN 23 '99 01:50PPl FINE DIST ATL DIV
COMMONWEALTH OF PENNSYLVANIA
> READER 6 ADLER, ATTNY6; P.. 2
,.VUIN1 T
09-3-05
DJ puma: Rot
GAYLE A. ELDER
"`tl0fp 507 N. YORK ST.
MECHANICSBURG, PA
TolaphgrA: (717) 766-4575 17055
M P.2/2
NOTICE OF IVIL CASE RRANSCRIPT
PLAINTIFF: N 11 aM AMResc
rJACK GADGHEN PROP.MGMT./BILL VARGO,
3512 TRIDIDLE ROAD
CAMP HILL, PA 17011
L J
VS.
DEFENDANT: NAME mO ADORS;ca
F-POMARICO, JAMES, ET AL.
417 E.HARBLE STREET
NECHAIIIICSBDRG, PA 17055
JACK GADGHEN PROP-MGMT./HILL VARGO L J
1 3512 TRINDLE ROAD DocketNo.: CV-0000113-99
CAMP HILL, PA 17011 Date Filed: 4/30/99
1 THIS IS TO NOTIFY YOU THAT?
Judgment: FOR DRPRNIIANT
® Judgment was entered for: (Name) P=ARTr¢, TAMRS
Judgment was entered against: (Name) Ta?tr r_aar_srTxta PRQR xcm /RTT,T. v
in the amount of $ ano_bo on,.
? • Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
? Aftachment/Act 5 of 1996 $
Levy is stayed for days or generally stayed.
Q Objection to levy has been filed and hearing will be hold:
Date: Place:
Time:
Date (Date of Judgment) r 417 /oo
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTTRANSCRIP FORM WITH YOUR NOTICE OF APPEAL.
ate District Justice
cenily that thi is a true and correct copy of the re?coorrd, of proceed 's /containing the judgment.
o!? r • / f/ District Justice
(Date & Time)
Amount of Judgment
Judgment Costs :
Interest on Judgment
Attorney Fees
Total
(SECURITY DEE
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
My commission expires first Monday of January, 2002 SEAL
AOPC 315.99
REAGER & ADLER, P.C.
8y: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
SUSAN H. CONFAIR, ESQUIRE
Attorney I.D. No. 70241
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1 3 83
Attorneys for Plaintiff
BILLY VARGO, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. NO. 99.3881
JAMES A. POMARICO and CIVIL ACTION
PATRICIA M. POMARICO,
husband and wife,
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in the Complaint, or for any other claim or relief requested by the
plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
REAGER & ADLER, P.C.
By: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
SUSAN H. CONFAIR, ESQUIRE
Attorney I.D. No. 70241
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
BILLY VARGO, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
NO. 99-3881
JAMES A. POMARICO and CIVIL ACTION
PATRICIA M. POMARICO,
husband and wife,
Defendants
COMPLAINT
Plaintiff is Bill Vargo (hereinafter "Vargo"), an adult individual residing at 2015 Lake
Park Drive, Smyrna, Georgia 30080.
2. Defendants are James A. Pomarico and Patricia M. Pomarico (hereinafter "Pomaricos"),
husband and wife, adult individuals currently residing at 417 East Marble Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. On or about February 19, 1998, Vargo and the Pomaricos entered into a written
residential lease whereby Vargo, as landlord, agreed to lease to the Pomaricos, as tenants, the property
at 701 Cedar Ridge, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter the "Leased
Premises"), for the lease term of March 1, 1998 through February 28, 1999. A true and correct copy
of the aforesaid residential lease is attached hereto as Exhibit A.
4. Under the lease the Pomaricos agreed to pay to Vargo $9,600 in twelve equal monthly
payments in the amount of $800 each.
5. Under the lease the Pomaricos, as tenants, agreed to pay a late charge of 10% of the
monthly rent in the event that the monthly rent payment was more than 5 calendar days late.
6. Under paragraph 28 of the lease the Pomaricos, as tenants, are deemed to have
breached the lease if they leave the Leased Premises before the end of the lease and/or do not pay rent
or other charges payable under the lease.
7. On or about November 28, 1998, approximately 3 months prior to the end of the lease
term, the Pomaricos left the Leased Premises permanently.
8. The Pomaricos permanent vacating and abandonment of the Leased Premises prior to
the end of the lease constitutes a breach of the lease.
9. As a result of the Pomaricos' breach of the lease, Vargo has suffered damages in the
principal amount of $4,320.00 as set forth as follows:
November 1998 rent and late charge: $ 880.00
December 1998 rent and late charge: $ 880.00
January 1999 rent and late charge: $ 880.00
February 1999 rent and late charge: $ 880.00
re: renting fee $ 800.00
Total: $4,320.00
10. Under the lease, Vargo, as landlord, is entitled to keep the Pomaricos' security deposit.
11. Under the lease, in the event that Vargo must bring a lawsuit against the Pomaricos,
Vargo is entitled to recover all rents and charges unpaid, charges for the rest of the lease term, all legal
-1-
fees, filing fees, and reasonable costs of the landlords and/or the landlord's agent, including a re-renting
fee.
12. All conditions precedent for the bringing of this action have occurred and/or have been
performed.
WHEREFORE, the Plaintiff, Bill Vargo, respectfully requests this Honorable Court to enter
judgment in its favor and against the Defendants, James A. Pomarico and Patricia M. Pomarico, in the
amount of $4,320.00, plus interest, costs and attorneys' fees.
Respectfully submitted,
REAGER $ A LE /C.
Date: July 12, 1999
Attorney I.D. No. 67987
SUSAN H. CONFAIR, ESQUIRE
Attorney I.D. No. 70241
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
-3-
Exhibit A
I; RATE or Lease: - February, 11 R 998DENTIAL LEASE ,l
• 2. PARTIES TO LEASE AGREEMENT:
TENANT: (list tell Ten=ts liver 18 years old) / s
Name: -Patricia M. Poss arico Work n: -
Name: -James A. percussion Work n: - Home e n: - 641-1-1419
N: -
Name : - Work n: - .
Name : - Home N: -
Work n; - Home p: -
J. WNDLURUr (list all lartdlonla)
Name: -Bill Vargo Work Ik • Home p: -
Name : - Work p:. home p: -
• Contact Name : - Work p: - I Ionic n; -
Mailing Address : -
4. AGENT FOR THE LANDLORD is JACK CAUGIIEN REALTOR
If Managed by Jack Coughlan Realtor, managing Agent is: -Patricia Hanes
AgenPa office telephoto p: -762.3085 Agem's direct di.l lelephonc p; •731-4428 ext. 228
5. PROPERTY ADI)RESS:
Landlord agrees to rent to Tenant the following Property:
- 701 Cedar Ridge, Mechanicsburg, PA 17066
of -Upper Allen Township and of-Cumberland County, Pennsylvania.
6. TERMS OF LEASE:
A. Term orthls Lease: •1 year
R. Starting Date: This Lome starts en-3/1/98
C. Ending Date: This Leaseendson -2/28/99
7. RENEWALTERM:
This .lease will autotoolicully renew fur continuous and consecutive Iernu of -2 full calendar months Ai the Lsidohg Date unieu:
A. Tenant gives Landlord -60 days written notice before Ending Date or before the end of any Renewal Tursti, Olt
B: Landlord gives Taunt -60 days written notice before Ending Data or before the end of any Renewal Tenn, OR
C. Landlord and Tenant negotiate anew Jesse and terns at the Ending Date or before die end of uny Renewal Term,
D. Tenant agrees that a full month's rent is due for any month In which there Is partial occupancy,
8. RENTAL AMOUNT:
A. The tout amount of rent due over the limn of this Lease is ............................... $9,600.
a. The rental amount due and payable its advance monthly is ................................ 6 800.
C. Rent is due on or before Ilse first day of each month.
D. Tenant will be charged a late charge of to%if sent is more than 5 calendarJays late equal M_ 80.
Landlord's acceptance of the late charge does not waive Ilia Tenant's obligation to pay on time.
E, Tenant will pay a $25.00 fee for any check which is returned by any bank for any reason.
F. Tenant is to make all rent payments and other charges payable to: -Jack Ganglion Property Management
and mail or deliver to:- 1513 Cedar Cliff Drive, Camp Rill, PA 17011
9, PAYMENT SCHEDULE: Due Dalla/Pald
A. Security Deposit, on deposit with: -Commerce Dank -Pd. 8 800. ,
U. Soo 1611 month's rent in the amount of ............................. - P d., 8 800.
C. Pmt ofa month's rent if Tenant takes possession alter the first day of the mouth:
For period front - , 1778 to - .19-
D. Pei Deposit: - - b
E. Other. - A
Total amount due before Tenant moves in ..................................... 1 lA, $ BOO,
10. USE. OF PROPERTY & AUTHORIZED OCCUPANTS:
A. Tenant will use Property as a residential dwelling only. Tensed will not use file property for commercial uses.
D. Not more than - 2 pimple will live on property. List all names here: -
-Patricia & James Pomarlco
C. Gunn arc pemtitted. A guest is a visitor for two (2) wicks or to*.
D. Tenant will not use Lite Property for any unlawful or illegal purpose.
11. PET POLICY:
A. No pets or animals of any kind are permitted on or within the leased property except as described below:
-N/A
• 11. Pet Clause amached as part of this lease: pYcs tRNo
12. DISCLOSURES:
Landlord has made the following disclosures regarding the prtgxny, which ate attached and made a part of this
Lease agreement:
N Lead Paint ®Radon ? Water Portability 0Septic
Other: Other:
13. REPAIRS TO PROPERTY BEFORE MOVE IN, IF ANY:
Tend understands flint Landlord will make no repsin, additions, or changes to die property except as follows:
-NONE "AS IS"
14. SUBLEASING AND TRANSFER;
A. Landlord may transfer lhts Lease to another landlord. Tenant agrees Ihal Ihu Lame rvmains de sane with new Landlord.
0. Ten=t say not transfer this Lease or sublease (rent to anotherpanun) this Property without Landlord's written
Permission.
Rcv. 10/97 Page t of 5
15.'UTILITIES AND SE. :E
A. Landlord will Day Near tw.,W. it,.
Q lieu b:
Q Ilm water Is: -
? Siectneity
Q Cooking Is: -
Water Is? -
' [ Sewer Is: -
C4 Trash removal
• H Association Fee
Q Furnace Contract Q Annual funmu cleaning
04 Lawn & shod) cam including gran cutting, trimming, edging, weeding, eking, watering, & debris removal,
® Snow removal- Q Sidewalks n Parking lot Q Driveway Q Private lone
? Solt for Water softener • (snow removal . Rocky Road , Cedar Ridge Lew over 2")
QOlher : - -----?--
U. Taconic will Day for or orovlde the followlna utilities and servlres:
Heat is: -Electric PP & L 800.342.5775
® Hnt water Is: -Electric
® Dl"uicity -
M Conking is: -Electric
to Water is:-Public -Mechanicsburg Water 766-4131
M Sewer is: -Public JOPM WILL HILL
Q Trash removal .
? Association Fee
Q Filler replacements
Laver & shnrh core including grin cutting, trimming, edging, weeding, raking, wutering, & debris removal.
pg Snow removal H Sidewalks F-1 Parking lm M Driveway Q Private lane
Q Sall for water softener
®Tclophone - Heal Atlantic 800-660-7111
NTV cable- Suburban 540.8900
Q Other; -
Cost of my uud all repairs were the cast of each repair tr less than 5-50.00
16. APPLIANCES, 11117ROVEMENTS, AND PERSONAL PROPERTY INCLUDED WITH PROPERTY:
A. The following is o list of personal property of the Landlord which is included with die Propcny. These items arc
provided fur Tenant use. Tenant must tell Landlord if any of Ihcsc items arc uo longer useable. Landlord hu the
right to decide w1m0uar to repair, replace or remove the item: -Blinds & rods, refrigerator In basement,
and wood stove.
D. The upplimcesfitems marked off below me provided for ilia Tenant's use. Landlord is responsible for Iho repair or
replacement of these items. Tenant mac tell Landlord if any of Ihcsc liens are not working properly.
®refngemlor ®rangeinove ®dlshwitzher ®garbuge disposal
Qwuher ?dryer ?lawn mower Qfreezer
R brash compactor ?_ ?window unit air conditioners M
C. Ilia appiianceslitems corked off below am provided far the Tenant's use, Landlord Is not rusponslhic for lire repair or
n:placcownl of these items. if repairs oro nailed, Tenant may decide to repair these items of the Tenant's Asinine.
Landlord still owns that items. Tenant midst tell Landlanl if any item is not working, properly. L andloni has right to
decide whether to remove the item:
Qroftigemtor ?washer ?dryer Qlawn mower ?fseemr
Qwindow unit air conditioners 9 ? ? -. O
17. SPECIALCLAUSE.S:
If it u found Ilel my part of this lease is void because of my law, it will void only that put and not the entire tree.
A. Tenants will have the carpels professionally clammed at Ilia end of lhu lease and most provide o receipt to Landlord,
11. -If Tenants decide to use woodburner, it is their responsibility to have it cleaned
and inspected prior to using and past it certificate of inspection on file with Jack
Gaughen Property Management.
C. -The attached Association Rules are hereby made a part or title (case.
Rev. 107 Ira8c2 of 5
18. LANDLORD'S RRSpONsinnATIES:
A. Landlord will
1. Keep die Property ad mi noon areas uveaaoneble condition and as required bylaw.
2. fie responsible for any and all repairs to the exterior of die Property and also nines In be responsible for ail repairs to '
the udcriar of the Property including the heating, mealanieal, plumbing, and electrical facilities which me pan of i
tie Property, txcept as listed in Pont 15.11.(1'ennnt'a Responsibilities).
3. Keep 1'lopety, reaaombly free of pests, rodents and Insects (except for single•famlty pmpertics.) t
4. Supply utilities laid services as listed in paragraph IS.A. (Utilities and Services) of this I.uaae, uulaaa rite service le
intenupted by circumstance at beyond the Landlord's minim].
S. Pay all taxes, assimmea ts, imuranct, mortgages, and utilities that mu the Landlord's responsibility.
B. Landlord will not:
1. Pay the wet of any retains necessary because of the Tenant. Tenant's really at guest' wilful, contras, or
unreasonable behavior.
2. Increase seals, decrease service, or threaten to go to court to evict Tenant tw ausli Tcuanl; •
a. complains to a govern rout agency or to landlord about a building or housing code violation.
b. organizes orjoinsaTenanl'a arglatiution.
e, asp Tcnoul's legal rights in o Iowlbl manner. I
19. TKNANT'S RESPONSIBILITIES
A. Tenant wilt:
1. Tell Landlord Immediately army repairs needed.
2. Pay to repair any damage to the Properly or to sty item in or an the property that Tenon, Tcumat's family or guest f
cause.
3. Keep tile property clean mid side.
4. Oct rid of oil lash, garbage and my other waste materials as required by landlord and the law,
S. Use care when wntg any of the electrical, plumbing, or otter menhaniratl focililies, or appliances stn the
property.
6. pay the cost of oil utilities unit servicce including any late charges and pennllirs to listed in paragraph ISM. k
(Utilities and Services) of this Least, wheat due and on demand.
7. Maintain and test regularly oil smoke detecton on the Property.
8. Notify Agent or Landlord of any broken smoke dclcctor(s). l
9, Pay for any damage to Property If Tenant fails to maintain intake dcleclwa. 1
10. Return the property to Jul former condition or Mauer, at the tetminatiou of the Lease, with ilia cxcepdnn of nrdinay
wear and tear or for causes beyond the Tenant's eonrnl.
B. Tensile will not:
1. Kati, any Damnable materials on ilia property except in o closed, ccnified container,
2. Destroy ordefvc any part ief thc property.
3. Disturb the pence and quiet of other Icnatns. ,
4. Make my changes to the properly, such as painting or remodeling, without ilia written permission of Landlord. ?.
S. Change any docks or keys without Landlord's written approval.
20. RIGHT TO ENTER:
A. Tenant must Id Lmdlord err Landlod's mpresculatives enter the I'ropaty m rcasmmblc hours to loped, to repair,
or to show the property to possible buyers and possible teternts. ^
U. Landlord of Landlord's Agent will give Tenant reasonable advance notice ofdatc and time far the visit.
C. In cues of emergency, Landlord or Landlord's roiumenttives may enter Property without rnolicu. ,..
21. INSURANCE;
A. Tensnt's must provide Landlord or Landlord's Agent with a copy urtheir avucr's hlsurence art for to taking Possession I{
of the property.
N,. Tenant must have fire & liability insuraiee for Ilse entire term oroccupancy.
C. Landlord's insurance does not protect or cover Te tent'a personal property against any lass.
it 22. RULES AND REGULATIONS:
A. All Rules, Regulations, and Restrictions established by the Landlord(s) arc contained m or nlached to Ill's lease. i
B. Association bylaws that apply to the Tenant's pse of the pmpedy arc amchai, if apptaablc.
C. Tenant(s) end Tenant's family agree to obey the rules and association bylaws pruvidcd.
D. Tenant(s) and Tenant's family agree to obey the laws of the governing Iwdics with authority in the region tat tlia
Property is located and dial apply to tile?enanl's oecupmey aid use.
B. Landlord camel change the Rules unless the change benefit or improves the health, safety, or welCure or Tenants
and others, or if change in Rules is required by law.
23. SECURITY DEPOSIT:
u
•A. The security deposit Is provided by the Tenant s guarantee for Ilse podomance of the perms of this leave.
B. Landlord snot keep deposits orniore than $100 In a special bank accoad (cactow accom) and
mot provide, Tenant with the name and location order: bank. Tenant is not entitled to any earned inicicst on the
deposit for the first two years of ilia Lime. C. At the end of tier second year (if Tenant continues to lasso Properly), landlord must deposit die securily deposit in
escrow account that urns Interest. Tenant is enlhled to interest earned on the security deposit less 1%, which is
payable at tine end of the third year of occupy cy, Landlord is allowed to keep oat (I) percent of ilia almost for 'l
handling.
D. Whian Tenant moves from the property. Tenant nmst remm all keys slid give landlord written notice of Tenant's mailing
address wherrt landlord is to ream that security deposit or any holance duc the Tensd.
B. Tenant may not we security deposit as last month's rant.
P. Landlord will prepare a Ih, ofchargca for damages beyond normal water anA Icur and unpaid nuts. Landlord any derlud
these charges from the security deposit.
' G. landlord must remm security deposit plus any internal duc list Taunter minus any charges to Tatsnt within 30 days of the
Tenant's mire out of the property. „ r
24. POSSESSION
A. Tenant may move in (lake possession of ilia Properly) on die Starling Date of this Lease.
n. If Tenant cannot move in because previous tenant is still there or because of property datnage.'renun can
L change lite starting date orde Lease Io the day when Properly is available. Tenon will not owe funher rents
until Prrgerty, is available; OR
2. and the Leon and have all money almady paid as rent or security deposit returned.
25. RENT INCREASES
A: If the Tensint continues to meupy the Property beyond the Initial lens (Rcncwul'rcmh), 'rcnmt agrees to pay any Increase
of all lienable municipal charges such n water, wwer, and/or trssh charges nut era Included in the rent
and apply to Tenant's use,
B. If Tenant's actions cause an hu rtme in property insurance, Tenant will pay the mmuut of the increase.
C. Landlord may mile lice rent when the team ends with proper written notice.
26. FIRE. OR OTHER DAMAGE
A. If die Pmpery is accidentally damaged (fire, flood, etc.)
1, Tenant may continue to live in the livable part of die Property and pay a reduced rent u agreed to by Tenam
AM Landlord until ilia damages era repaired; OR
2. V the property is not livable as certified by an insurance company or government agency, Tenant mnsl nary
Landlord immediately and must move out within 24 hours.
R. If Lease is ended due to the above circumstances, Landlord will return any unused secutity deposit or advanced
rent to Tenant.
C. If Tenant, Team's family or guests cause damage by rift or by other means, this I.CYAe will remain in effect and Tenant
will continue to pay rent, even if Tenant cannot live in the Prupery.
27. NOTICE TO END LEASE
A. After Tenant or Landlord has given written nonce to end this Lease, Landlord must be allowed to show Properly to
possible tenants or buyers. Tenant must allow showings of Property to possible tumults or buyers during teasouable
hours and with advance notice army showings.
D. Landlord may pal up For Sale or For Rent signs on or near Property.
C. Tenant agrees to move out peacefully when Lease Is ended.
D. A full mouth rent Is due in any month where there is partial occupancy.
'2K IF TENANT BREAKS LEASE:
A, Tenant breaks this Lease Ili
1. Tenant does nol pay rant or other charges.
2. Tenant leaves Property permanently before the end of (his Lease.
2. Teranl does not move out when supposed to.
4. Tetsuo fails to obey any of the terms agreed to in this Louse.
Landlord must give Tenant T8N
D. Non-Payment of Rent: If Tenant breaks Lease by not paying, rent or other chart.", 8
DAYS written notice describing the amount Tenant owes for rent and/or ullha chart.", prior to filing a lawsuit. This
means that irTenant has not paid all balances due before the eleventh day after Landlord has given Term al nse written
notice, Landlord can file a lawsuit for a money judgment against T'enanl, evict tbt Tannnl, unsgnr eke Lack pmswfsinn
of the property.
C. other Lasso Violations: If Tenant breaks any other tern of this Lease, Landlord must give Tenunl written
notice describing the violation and give Tenant TEN DAYS to corset the problem. IfTcnant does nol corect
the problem before Ibe eleventh day after the Landlord has given Tenant the written notice, Landlord can file a
lawsuit to evict tire Tenant and/or take back possession of the praperly
D. HTtnant Breaks Lease for any Reason, Landlord may:
1. File for a lawsuit for money and/or file to take possession of the Property against ilia Team.
2. Include in the lawsuit against Tenant nil Ilse legal fees, fling fees, and the reasonable cools of the Lundlord
and/or Landlord's Agent. Including a re-renting fee.
2, Include in the lawsuit against Tenons all rants and charges unpaid, And for teats and charges for the rest of the Lease
Term, aW for the cost of any physical damages to die Property.
4. Keep Tenant's Security Deposit. amen deposits, any interest due, and any advance mils prepaid, if unpaid rents,
charges, fees, anNar daring" am equal to or exceed their total.
29. IF GOVERNMENT TAKES PROPERTY:
A. A government or other public authority can take private property for public use. The taking is called condemnation.
B. if any part of the Property is taken by the govemment. Landlord will reduce Tenant's rent proportionately. If all
Ile Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to
Tenant any unused security deposit or advance rent.
C. No money paid to Landlord for the condemnation of the Property will lelong to Tenant.
70. TENANT HAS FE1,VF.R RIGHTS THAN MORTGAGE LENDER Payments. The
Landlord may have a mortgage on the Property. Iran, Landlord agrees to make the mortgaP,'t. pnYea
rights or the mortgage lender come lefole the rights of the'rcnunl. (Example: If Landlord fails to make mortgage
payments, the mortgage lender could take the Property and end this Lease.) TENANT UNDERSTANDS THAT'
IF THERE IS A FORECLOSURE, A NEW O{VNER WILL HAVE'1TIF. RIGHT TO END THIS LEASE.
.. ,gyn.. tannraai
31. MEDIATION
A. Afedtotioa is a way of resolving problems. An tdlator helps the disputing panics reach An agreeable solution
without having to involve the courts.
It. Landlord and Tenant may agree to sake any disputes arising from this Lease to a mediation program ofrervil by
the local wociation of REALTORS or to another mediator. Landlord and Tenant can egrec to mediation as
pan of this Lem (by signing a ntedialiou form to attach to this Lease), or they can sign uu ugrunncut to mediate
after a dispute Arises.
32. CAPTIONS:
.Thc headings in this Lease are meant only to make it easier to find the paragraphs.
33. ENTIRE AGREEMENT
This Luau is the entire agreement between Tenant and Landlord. No spoken or written agreements mada bafow
' us a pan of this Lease unless they we included in this Lem.
34. NOTICE BEFORE SIGNING
TIUS LEASE IS A LEGAL CONTRACT. W TBNANT IIAS LEGAL QUESTIONS, TI?NANT IS ADVISED
TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE. IN SIGNINU TNI.S LI'.ASI!,'IIiNAN1' CONIIRMS
THAT TLIEY HAVE A THOROUGH UNDERSTANDENO OF TLIIS LEASL.
LANDLORD'S SICNATUIIE(?? ?_.. DATE
LANDLORD'S SIGNATURE \y? DATE
MANAGING AGENT'S SIGNATURE A% cC ev, WrLne's? DATE 2•ll-`l8
LISTING AGa:NT'S SIGN ATUI _(n1.fl.U/C-t'njJ -0'. ,(Jn,alo? _DATH '•/7_%P
TENANT'S SIGNATURE Lai D DA'Z'E '?
TENANT'S SIGNATURE (?•. ?? yust•-4.r'dDA'R'
RENTING AGENT'S SIGNATURE 6, 15 t aL UATE_ZJ_I t. IqC
IMPORTANT RRMINDE
ATTACH ANY DISCLOSURES, CI.AUSES, AND/OR ASSOCIATION BYLAWS
LEFEItRE.n TO IN THIS LEASE, It APPLICABLE.
JACK C,AUGREN REALTOR PROPERTY MANAGEMENT AND RENTAL DEPARTMENT
OWNER'S PROPERTY T) ISCT.OS U RE
lint / JRtr?nil `/fJ¢r/?amun/ti -a PA
Property Addrust _
DrroeQs)ILandiord(qn_ &j4- 4
ji D0ft AS L10 0, DIAL
Lagdlard(s) hereby acknowledge receipt of notice as set forth on the reverse of tht: disclosure and certify that:
(check only one)
tt0 other
0 The property had 0 Short Term Screening 0 Annual
Testing wasconducted by G Landlord(s)Picocurius/litti Certified
test results)
The results orall tests were (dine) and the Radon was «dntccd to
Landlord(s) took remedial action on
Picocuricslliter.
Landlord(s) have no knowlcdgo of the absence or presence of Rodnn.
SAP TAl'?I)_YAMT sr iS the reverse
se of this disclosure and certify that:
Landlord(s) hereby acknowledge mceipt of notice as set forth on the reverrne
PROPL•ILTY ?WAS WAS 140T BUILT IN I9719 ORBEPORIi.
:
abd or lead-based lu7ards (dantt<rs) on dw Property;
A. Landlord yal one:
Landlord does not know of any load-based p OR
Landlord knows dot there is lead•bascd paint, or that dtere are lead-based paint herads including
explain wlut landlod knows about the Icad-based paint and hands, property. Landlord must expl
' jou LLandla d (uts abut to Ica based pains and other leadsbased
r a it is. add the how Landlord learned that it is otheri Cor
palnthazards.
}), Land tard' ' all one: Landlord has no reports or records about lead-V OR paint or Icd-based paint hazards at the Property;
Landlord has given Tcoant all available records and reports about lead•bmcd point ur Iwd?bucd paint
hazads at the Properly. List records and reports:
C. Troat itdhal all.dot arc a
Tenant received the pamphlet Protect Your Family from Lcad in Your Home.
Tenant read the information Landlord gave in paragraph A mid R above.
Tenant received all reeods and reports that Landlord listens in paragraph B above.
D. Agent for the larxllotd initial:
Agent has fold Landlord of Landlord's responsibility under the Rrnidcntlal Lead-Deed Paint Harrod
Reduction Act 42 U.S.C. 4592(d). Agent must make sure that Lnndinrd gives Te and the information required
by the Act.
I., landlord, Truant, and Agent for Landlord certify:
1. ty signing this Disclosuro and/or Lease, Land lard and'fcoant cattify that the infonrc^ion given is true to the but
of their knowledge.
2. fly signing here, the Agent for L, ord egrliGcs that the infomtntion given is line to ila best of Agent '4
knowledge .(Agent's Signature) i7tLt<N CL !»???
.__.__..._.r .n .n. inenrnnnlion disclosed above and certify to the hest ortheir
Rev 7/97
Date
r r.n/ i li>l7Y
Agent: Jack Gaughan Ranltot by: - jL9 n! R
VERIFICATION
1, BILLY VARGO, hereby verify that the averments of the foregoing pleading are true and
correct to my personal knowledge, information and belief. 1 understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904. relating to unswom falsification to authorities.
Date: qQ-? 1't-, \S0-, °l
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03881 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARGO BILLY
VS.
POMARICO JAMES ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon POMARICO PATRICIA the
defendant, at 19:55 HOURS, on the 21st day of July
1999 at 417 EAST MARBLE ST
MECHANICSBURG, PA 17055 ,CUMBERLAND
County, Pennsylvania, by handing to JAMES POMARICO (HUSBAND)
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answer
Docketing 6.00
Service
Affidavit .00
Surcharge 8.00 R-I o a? ine, e i
$J.4.uu-RE GER. & ADLER
07 23 1999
by _ V?
u Sneri?
Sworn and subscribed to before me
this d 3,s1 day of
1991 A.D.
0 ono r
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03881 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARGO BILLY
VS.
POMARICO JAMES ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon POMARICO JAMES the
defendant, at 19:55 HOURS, on the 21st day of July
1999 at 417 EAST MARBLE ST
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to JAMES POMARICO
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00 ,???J '' d
Service 6.82 ??
Affidavit .oo
Surcharge 8.00 ff omas i i
$32.820E/23R199ADLER
by Uu1juuyS er??Y?y??y
Sworn and subscribed to before me
this d ?++( day of
19 A.D.
n?
G.-r, U41 I. a
BILLY VARGO, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs. NO. 99-3881
JAMES A. POMARICO and CIVIL ACTION
PATRICIA M. POMARICO,
husband and wife,
Defendants
PRAECLPE
TO THE PROTHONOTARY:
Please mark the above case as settled and discontinued with prejudice.
Respectfully submitted,
I
REAGER & ApCER .C
i
Date: September 20, 1999
THOa O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
SUSAN H. CONFAIR, ESQUIRE
Attorney I.D. No. 70241
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
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