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HomeMy WebLinkAbout03-34674~OMMO~I~y/EALTH OF P~INSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appelk:mt has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice an the date and in tha case mentioned bdow l~8& ~ ' ' - Thk ~fke of A~I, ~n mccad by t~ ~stricf Justice, will ~ as a 1001 (~)in ~ti~ ~f~e Dis~ict ~tice, ~ ~T ~PERSEDEAS ~ ~ j~ ~ ~sses~ in ~is case FILE A ~OM~LAINT wit~J~ t~y (20) ~ ~fter filing his ~TIOE of A~EAL. s~m at ~ot~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fora3 to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Distric~ Jt~stice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary RULE= To K! ( / ,{rc~ , appdlee(s), to file a complaint in this appeal Name o~ a~oeee(s) twa.t, (20) aw, entry of jt~3men, of non pros. (1) You am notified that a rule is heeby ent~-ed upon you to file a complaint in this appeal within twenty (20) days after the date of service of this role upan you by personal service cx by certified or registered mail (2) If you do not file a coml:daint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if sevice was by mail is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of ~ppeal Check appticable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS 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 service) ~, [] by personal service [] by (certilied) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ................ [] by personal service [] by (certified) (registered) mai!, sender's receipt attached hereto, [] and further that I served the Rule to Fite a Complaint accompanying the above Notice of Appeal upon [he appellee(s) to whom the Rule was addressed on [] by personal servce [] by (certified) (registeredi mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .... My coram ssion e×pms Or COMMONWEALTH OF PENNSYLVANIA "COUNTY OF: CUMBERLAND Mag Dist, NO: 09-3-05 GAYL~ A. ELDER Address: 507 N. YORK MECHANICSBUKO, PA Telephone: ,"71 '~ 766 ) 17055 ABIDAHUSSEIN 802 SALEM AVEI~U~ HAGERSTOWN, MD 21740 NOTICE OF JUDGMENT/TRANSCRIPT p,A,NTIFF/J UDGME 'O :ASE ENTERPRISES I~C r-~jp NAME an ADDRESS 1101 LINDHAM COURT APT/STE 704 MECHANICSBURG, PA 17055 / _J VS. DEFENDANT/JUDGMENT Ch°,AEMI~ ia'ln~)~ D R E S S FHUSSEIN, MIAN, ET AL. 802 SALEM AVENu*s HAGERSTOWN, MD 21740 L Docket No.: CV- 0000113- 03 Date F ed: 5/14/03 THIS IS lO NOTIFY YOU THAT: Ju6gmen't: ~ Judgment was entered for: (Name) ['~ Judgment was entered against: (Name) DEFAUL~oOu~ta~NT ~LTF I"I~S~TN, ARTD~ in the amount of $ (Date of Judgment) --] Defendants are jointly and severally liable. ] Damages will be assessed on: ~] This case dismissed without prejudice. [] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ 1,603.90 Judgment Costs $ 72.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,676.40 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ &NY PARTY HAS THE RIGHT TO APPEA~. 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY SE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTFI~OF SA'[ISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES'WITH THE JUDGMENT. . .. ~ , /~. j ~l~r'~ Date ;' , District Justice I certify that this is a true and correct ¢~py of,~h~ record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 . SEAL ., ! AOPC315-03 DATE PRINTED: 6/23/03 7:43:59 AM · COMMONWEALTH OF PENNSYLVANIA "COUNTY OF: CUMBER~ Mag Dist, NO.: 09-3-05 GAYLE A. ELDER ^d~r. ss: 507 N. YORK ST. MECHANICSBURG, PA (717) 766-4575 17055 MIAN HUSSEIN 802 SALEM AVENUE HAGERSTOWN, MD 21740 NOTICE OF JUDGMENT/TRANSCRIPT p LA,NTi FF/J U D G M E~E~O(~ASE ~AU~ ~ ~ O~SS 1101 LI~ ~T APT/STE 704 ~C~ICSB~G, PA 17055 U~SSEIN, MI~, ET ~. 802 S~ A~E ~GERS~, ~ 21740 0ocket ~o.: CV-0000113-03 Oate ~ed: 5/14/03 T~IS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) DEFAULT ~uUC~t. fk'NT PLTF in the amount of $ I, ~"/~.40 on: (Date of Judgment) ] Defendants are jointly and severally liable. ] Damages will be assessed on: [--]This case dismissed without prejudice. Amount of Judgment Subject to ~] AttachmenfJAct 5 of 1996 $ (Date & Time) Amount of Judgment $ 1,603.90 Judgment Costs $ 72.50 Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $ 1,676.40 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICESi IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. f,~ d. 0d~.,'7 ,District Justice certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commissLon expires first Monday of January, 2006 . AOPC 315-03 DATE PRINTED: 6/23/03 7:43:05 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fi//r,g the notice of appea/, Check appl/cab/e boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~U/~,~,_,,¢~_.~_.~.,,,4~...~) ;SS AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Combon Pleas No. ~~. ~n the District Justice designated therein on (date of service) ~ ~_~ ~_~ ~ ~:~ ' ~ 'by per;~al~ervice ~y (certi~ed) (registered) mail sender's r~eipt attac~ed ~¢t~. ~nd upon't~ appellee; name) .... -~-~/~¢ -~- ~ b ersonal : ~-'~; ~~ ~-~_ ' ~ and further that I served ~he ~e to File ~ ~omDa n~~/~ (c~rtff,¢)(r?~ered) ?il. sender's r~t~he~-~' the Rule was addressed on .~,,, ~ 7&~Z;~ uuu,,,panying me~?e ,~o,,oe ~f App~a, upon the ap~[elJee(s)to mae sender's receipt attach~.- ~¢ ~ ............. M uy persona~ se~ce ~ by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEF My commission exFires on Certified Fee :OMMONW~. EALTH OF pENNSYLVANiA JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL hJotlce is gJve~ that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the data c~l in the cose mentioned below' T~is Notice of Appod, when .r~ei,,ed s~n t~ case FIL£ A cOMPLAINT within twenty (20) d~ys after SL~PERSEDEAS to the judgment ta~ posse filing his NOTICE of APPE. AL. LE TO FILE CTh/~ sect/on of foffn to be usea ONLY' wl~en 8ppell~r~ wss DE.£ENDANT (~ee PS. I~.C,P.`J.P. No. tOOl(?) in action before Di~ric~ ,Justice. tF NOT USED, de~ach from coOy ol notice of al~oeal to be served upon appellee). -. . pRAEC:IPE: To Prothonotary _ ~me f~ appe~ee~s) (1] You are notified that o rule is hereby entmed upcm you to fi~e a comldaint in this appe~ within twenty (20) days after the dote of service of this rule up<x~ou'by,personal service oe by cedified (x registeeed mail (2) E.~ d~not file a complai.~? vdthin this time, a JUDGMENt OF NON PROS W1LL BE ENTERED AGAINST YOU. (3~13~i date of service of this rude, if,service was by moil is the date of mailir'"~ COURT FILE AoPC 312-g0 KLP ENTERPRISES, iNC., t/a LINDHAM COURT APARTMENTS Plaintiff MIAN HUSSEIN and ABIDA HUSSEIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3467 CIVIL TERM : CIVIL ACTION -. LAW 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 is 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 farther notice for any money claimed in the document 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. As provided by Pennsylvania Rules of Civil Procedure No. 1018.1 ithe following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KLP ENTERPRISES, INC., Va LINDHAM COURT APARTMENTS Plaintiff MIAN HUSSEIN and ABIDA HUSSEIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3467 CIVIL TERM CIVIL ACTION .- LAW AND NOW, comes the Plaintiff, KLP Enterprises, Inc., t/a Lindham Court Apartments, by its attorneys, Wix, Wenger & Weidner, and files this Complainti alleging the following in support: 1. Plaintiff is KLP Enterprises, Inc., Fa Lindham Court Apartments, whose business address is 1101 Lindham Court, # 704, Mechanicsburg, PA 17055. 2. Defendants, Mian Hussein and Abida Hussein, husband and wife, are adalt individuals whose address is 802 Salem Avenue, Hagerstown, MD 21740L 3. The amount in controversy does not exceed the amount as required by the Cumberland County rules regarding compulsory arbitration. 4. Jurisdiction is proper in this Court because Plaintiff's cause of action arose in Cumberland County. 5. On or about the 1st day of July 2002, the Plaintiff entered into a written lease (the "Lease") with Defendants, leasing to them the premises known as 1101 Llindham Court, # 810, Mechanicsburg, PA 17055 (the "Premises") for one year beginning on July 1,2002 and ending on June 30, 2003 at a monthly rental rate of Six Hundred Seventy-Five Dollars ($675.00) payable on the first day of each month. A true and correct copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference. 6. In connection with the Lease, Defendants executed a Rental Concession Addendum (herein the "Addendum"). A true and correct copy of the Addendum is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 7. The Addendum provides that in exchange for a reduced monthly rent, Defendants agree to reimburse Plaintiff the sum of $240.00 in the event that they do not fulfill the Lease terms. 8. Defendants entered into possession of the Premises on or about July 1,2002 pursuant to the Lease. 9. On February 21,2003, Defendants delivered to Plaintiff a notice that they intended to vacate the Premises on March 31, 2003 in accordance with paragraph~14 of the Lease, which provided for early termination. 10. Defendants' notice did not comply with paragraph 14 of the Lease in thatlit did not provide the required sixty (60) day notice of termination. 11. Defendants' notice was proper to terminate the Lease as of April 30, 2005. 12. On or about April 2, 2003, Defendants vacated the Premises. 13. At the time Defendants vacated, they had not paid rent for the month of April 2003. 14. At the time they vacated, Defendants had not paid the termination fee required by paragraph 14 of the Lease. 15. Paragraph 14 of the Lease states, in pertinent part: iN THE EVENT THAT TENANT FAILS TO COMPLY WiTH ANY OF THE ABOVE REQUIREMENTS, THIS EARLY TERMINATION OPTION WILL BE NULL AND VOID AND TENANT WILL BE RESPONSIBLE FOR... CONTINUING RENT FOR THE REMAINDER OF THE TERM OF THIS LEASE AGREEMENT, LESS ANY RENT RECEIVED DURING THE TERM FROM A SUBSEQUENT TENANT. 16. As a result of Defendants' failure to pay rent for the month of April 2003 and the termination fee, their attempt to terminate the Lease was null and void. 17. After Defendants vacated, Plaintiff diligently attempted to re-rent the Premises, and was able to do so as of June 17, 2003. 18. Defendants are liable to Plaintiff for rent for the months April through June 2003 (prorated) in the total amount of $1,677.45. 19. Defendants are liable to Plaintiff for the amount of $240.00 pursuant to the Addendum. 20. After Defendants vacated the Premises, an inspection revealed conditions that were not within normal wear and tear; specifically, the carpets and stovetop/burners needed to be cleaned, and there were ten holes in the ~Nalls from Defendants' installation of a satellite dish. 21. Pursuant to the Lease, Defendants were required to clean the carpets and the stovetop/burners and repair the walls prior to vacating the Premises. 22. As a result of Defendants' failure to comply with their obligations prior to vacating the Premises, Plaintiff incurred costs to clean the carpets and the stovet0p/burners and to repair the walls. 23. Defendants are liable to Plaintiff for the cleaning costs in the amount of $113.90 and for the wall repairs in the amount of $25.00, pursuant to the Damage Addendum to the Lease, a true and correct copy of which is attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth. 24. In connection with the Lease, Defendants gave a security deposit in the amount of $200.00, for which they are entitled to, and are receiving, a credit. 3 25. In accordance with Paragraph 13 of the Lease, Plaintiff has a right to receive its reasonable attorney's fees or in the alternative and/or at a minimum, Plaintiff has the right to receive as its attorney's fees 15% of the amounts owed by Defendants. 26. As a result of Defendants' failure to pay the amounts he owes to Plaintiff, Plaintiff has retained the undersigned attorneys and has agreed to pay the underSigned's hourly rates for such representation, which hourly rates are reasonable. 27. Plaintiff has incurred or will incur as of the date this matter is tried attorney's fees in excess of $500.00. 28. In pursuit of its remedies under the Lease, on May 14, 2003, Plaintiff initiated this action in the office of District Justice Gayle Elder, docketed to number CV 113-03. Plaintiff was successful in the action and incurred costs therein in the amount of $72.50. Defendants are liable to Plaintiff for these costs. 29. Plaintiff is entitled to recover from Defendants pre-judgment interest on the amounts Defendants owe to Plaintiff. 30. As of August 31, 2003, the pre-judgment interest (calculated from May 1,2003) equals $37.13. 31. The total amount owed to Plaintiff by the Defendants, including the DistriCt Justice costs set forth above, is $2,465.98, plus all court costs incurred in this action, additional attorney's fees, additional prejudgment interest and post-judgment interest. WHEREFORE, Plaintiff respectfully requests that l~his Honorable Courtl enter judgment in its favor and against Defendants, jointly and severally, in the amount of $$2,465.98, plus all costs, additional attorney's fees, additional prejudgment interest that accrues, and post-judgment interest, and such other relief as this Court deems just and appropriate. Respectfully ed, WiX, W ENG.////,&. W El DN ER By: liams I.D.#62051 ~' 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:~srw\4813 (PLASTERER, KEITH)\*-o-- (v. HUSSEIN)';DOCUMENTS\COMPLAINT.cloc 5 EXHIBIT A I~ES1-D~TI~ ?.~ASE A~F~N~_ THIS AGREEMENT ("Agreement")is made on this July 1, 2002 by and between KLP Enterprises, Inc. d/b/a Lindham Court Apartments (called "Landlord") and Mian & Abida Hussein(called "Tenant"). 1. PROPERTY. TEI~MS & CONDITIONS: Landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord the property, including improvements, known as 1101 Lindham Court, Apartment #810 Mechanicsburg, Pennsylvania 17055 (called the "Property") in accordance with the following terms and conditions: (a) Term of the lease: 1 year. (b) Beginning date of the lease: July 1st, 2002. (c) Ending date of the lease: June 30~ 2003. (d) Monthly rent: $675.00(See Rental Concession Adenduan) (e) Rent is due, and will be paid, in advance on the first day of each month. TENANT WAIVES ANY REQUIREMENT FOR DEMAND FOR RENT. (f) Late charge if Tenant does not pay rent: by the fifth (5th) day of the month: Ten percent {10%) of monthly rent. (g) Tenant will pay to Landlord the sum of Twenty-Five Dollars ($25.00) for each of Tenant's checks which are not honored by Tenant's or Landlord's bank for any reason. If any of Tenant's checks are returned to Landlord for any reason, Tenant'sirent will be deemed to be late, and Tenant will ]De subject to late!charges. (h) Security deposit received from Tenant:S200.00 ~curity.{~ll~' O~ w=t deposit ~aid hi, cc Carpct (i) Property will be used only as Tenant's Principal ResidenCe. (j) Rent payments are to be made payable to KLP Enterprises,i Inc. and delivered to 1101 Lindham Court, Apartment %704, MechaniCsburg, Pennsylvania 17055. (k) Landlord and Tenant agree that: Landlord will pay for: Tenant will pay for: Water X Water Gas X Gas Heat X Heat Electricity X Electricity X Lawn Care __ Lawn Care X Snow Removal __ Snow Removal X Sewer __Sewer X Trash __Trash X Real Estate Real Estate Taxes Taxes Other: __Cable/Telephone Other: (1)The Property is being rented in its present condition. Tenant acknowledges that he has inspected the Property and has provided Landlord in writing a notation of all existing damages. (m) Co-Signer(s)/Guarantor(s): N/A (n) Other persons residing with Tenant in Property: 2. SECURe: Landlord may hold Tenant's security deposit as security for the payment of all rent and other amounts due from Tenant, for the performance of this Agreement, and for application against any damages caused by Tenant, his guests or family to the Property. The security deposit may not be applied as rent or other amounts due from Tenant without Landlord's prior written conse~t. Tenant will pay all required monthly rent payments, including ~ent for the last month of this Agreement. 3. TENANT'S PROMISES: Tenant, and all persons on the Property with Tenant's permission, will: (a) obey governmental building and housing regulations; (b) keep the Property clean and safe; (c) remove from the Property all trash, garbage, rubbish, and other waste in the manner established by Landlord, laws and/or government regulations. If Tenant does not comply with this provision, Tenant will be liable to Landlord for all costs incurred by Landlord in removing trash., garbage, rubbish~and other waste on behalf of Tenant; (d) use in a responsible manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in the Property; (e) not deliberately or carelessly destroy, deface, damage, impair, or remove any part of the Property, or the building containing the Property or knowingly permit his/her guests, invitee$, licensees, or agents to do so; (f) behave in a manner that will not unreasonably disturb the neighbors' peaceful enjoyment of their property; (g) make no changes or alterations to the Property without the prior written permission of the Landlord. Any change, alteration or improvement made to the Property will belong to the Landlord and must remain on the Property, unless otherwise agreed to in writing; (h) promptly notify Landlord of all necessary structural repairs; (i) not keep dangerous or flammable materials on or in the Property; (j) permit Landlord or Landlord's agents, including prospect!ire buyers (NOT prospective tenants), to enter the Property at reasonable hours and upon reasonable notice for any reaslonable and lawful purpose. In the event of an emergency, Landliord may enter the Property without notice; (k) permit Landlord to show the Property to prospective tenants at reasonable times, after Landlord or Tenant ha% given written notice to the other to end this Agree~ent; 2 (1) permit Landlord to place sale, rent or information signs on or near the Property to inform the public that the Property is available for sale or rent; (m) move out peaceably when this Agreement is ended; (n) understand that Landlord is not required to make repairs caused by Tenant's unreasonable, careless or willful conduct or similar conduct by any other person on the property with Tenant's permission; (o) obey all rules and regulations attached, if any, or which Landlord enacts; (p) obey and comply with all federal, state and local laws, ordinances and regulations; (q) not vacate or desert the Property during the term of this Agreement or any extension or renewal of this Agreement, or permit the Property to be empty and unoccupied; (r) not do or allow to be done, any act which may cause the fire insurance or any other insurance to beoome void or suspended, or the rate increased. If insurance premiums on the Property increase because of any action or conduct of Tenant, Tenant's guests, or anyone invited to the Property by Tenant, Tenant agrees to pay any such increases as additional rent; (s) test fire/smoke detectors in the Property monthly, or more frequently if recommended by the manufacturer, pay for and replace batteries in all fire/smoke detectors, and notify Landlord immediately if Tenant finds that any fire/smoke! detector is not working properly. 4. pAX~NT OF RENT: Tenant agrees to pay the rent and all other charges (which are also considered as rent) according to Paragraphs 1(~) and l(e). If the Landlord accepts rent or other charges after their due date on any occasion, such acceptances will not excuse future Late payments or act as a waiver of any of the Landlord's rights. Tenant agrees that any charge, cost, or payment agreed to in this Agreement to be treated or collected as rent may be recovered by Landlord in the same manner as rent. 5. NO PETS: Tenant will not keep any pets in or c,n the Property without first signing Landlord's Pet Addendum. Tenant will not allow iothers' pets to visit the Property without first obtaining the written permission of Landlord. 6. DELAYED POSSE_~SION. If Landlord is unable to give Tenant possession of the Property at the beginning of the term of this Agreement for any reason not caused by Tenant or Tenant's agents, Tenant will have the choice of: (a) ending this Agreement and recovering rent and/or security deposit (without charge or interest) and any other mone~ already paid; or (b) delaying the beginning of the term until Landlord is able to give possession. No rent will be due until possession is available. Landlord is not liable for damages where failure to deliver possession is due to conduct of a prior tenant in refusing to vacate the Property, or other conditions beyond Landlord's control. 7. DEFAULT BY TE~L%i~T: Each of the following is a default of this Agreement: (a) Failure of Tenant to pay rent, late fees or other charges which are due under this Agreement when they are due; (b) Failure of Tenant to comply with any provision of this Agreement or any Rule or Regulation of Landlord; (c) The residing in the Property by any person who is not named on this Agreement or on Tenant's application for lease; (d) The falsification by Tenant of any info~cmation on his application for lease; and (e) Failure of any of Tenant's guests, family or invitees to Comply with the provisions of this Agreement or any Rule or Regulation of Landlord. 8. W~IV~R OF NOTI~ TO QUIT: Whether because of the end of the term of this Agreement or a default of this Agreement by Tenant, Landlord may demand that Tenant vacate the Property immediately without any prior notice. TENANT WAIVES THE REQUIRE~4ENT OF ANY NOTICE TO QUIT OR VACATE AS OTHERWISE REQUIHED BYLAW. 9. LANDLORD'S P~MEDIES: If Tenant commits any act which constitutes a default of this Agreement, Landlord will be entitled to the following remedies: (a) Landlord or its representative may file a legal action o~ eviction pursuant to the Pennsylvania Landlord/Tenant Act. (b) Landlord or its representative may file a legal action for unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, d~ages, and other a~ounts due from Tenant. {c) Landlord or its representative may pursue any other remedies available to it under law for possession of the Property, unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, and all damages and charges due from Tenant. Landlord may use any or all of these remedies a~ainst Tenant. Landlord's use of one remedy does not prevent landlord from using another. ? 10. I~%NDLOBD'S RIGHT OF ENTRY: Landlord may re-enter and take possession of the Property in accordance with law if one or more of the following occurs: (a) if Tenant abandons or vacates the Property; or (b) if Tenant vacates the Property after being told to do so by Landlord resulting from Tenant's violation of any provision of this Agreement, or of any Rule or Regulation; or (c) if Tenant is evicted from the Property, as a result of Tenant's violation of any provision of this Agreement, or of any Rule or Regulation. Landlord's re-entry is not an acceptance of Tenant's abandonment or waiver of any breach. In no event will Landlord's re-entry terminate Tenant's liability to Landlord under this Agreement. Tenant will remain liable to Landlord for all rent, rent loss, vacancy loss and/or damage which may be due or sustained prior to Tenant's abandonment, vacating or eviction. Tenant will also be liable to Landlord for damages in the amount o~f the rent due under this Agreement for the remainder of the term of this Agreement or any renewal term, less any amount received by Landlord during the term from others to whom the Property may be rented. Landlord may re-rent the Property on such terms and conditions and at such rent amounts as Landlord, in its sole discretion, deems p~oper, reasonable and advantageous. Tenant will also be liable to Landlerd for all costs and expenses related to re-renting the Property, including but not limited to, repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the Property and agent's (broker's) fees. Ail of the damages and costs are payable by Tenant to Landlord immediately upon demand. 11. INSUP.%NCE: Tenant understands that: (a) Landlord's insurance does not cover Te]~ant, Tenant's property, guests or family of Tenant or their property. (b) Tenant should have fire and liability insurance to protect Tenant, Tenant's property, and guests and family of Tenant who may be injured or sustain a loss while on the property. (c) Paragraphs (a) and (b) also apply to aoy automobiles or vehicles Tenant parks at the Property or anywhere on Landlord's property. 12. ~EPAIRS ~ MA/NTEN/~NCE: (a) Tenant is solely responsible to pay for all repairs made. necessary by Tenant's conduct or the conduct of Tenant's~guests or family. Tenant is also responsible to replace interior and exterior light bulbs as needed. Landlord is not responsible to make any repots of whichi it has (b) no knowledge until Tenant notifies Landlor~in writing o~ the need for repairs. 13. ATTORNEY'S F~ES: If Landlord sues Tenant for nonpayment of rent or other amounts due, or for violations of any other term or condition of this Agreement or any rule or regulation, Tenant agrees to pay to Landlord, as additional rent, reasonable attorneys fees incurred by Landlord, or legal fees in the amount of fifteen percent (15%) of any amount claimed by Landlord against Tenant, plus all costs incurred by Landlord in the legal proceedings. 14. EARLY TEI~INATION: If Tenant desires to terminate this Agreement earlier than the expiration of then-current term of this Agreement, then Tenant must do all of the following: (a) give Landlord written notice at least sixty (60) days prior to the next rent payment due date; and (b) pay rent and all other amounts due through the end of the month in which the termination date selected by Tenant occurs; and (c) return keys to Landlord the day of moving out; and (d) leave the Property in good and clean, ready to rent condition; and (e) pay, in addition to any amounts due pursuant to subparagraph (b), liquidated damages prior to moving out in an amount equal to one (1) months' rent. (This is not to be deemed a penalty). IN THE E~;ENT THAT TEN$/~T PAILS TO C0~4PLY Wi[TH Ally OF THE ABOVE REQUIREMENTS, THIS EJ%BLY T~MINA~ION OPTION WILL BE VOID AND TENAI~T W-~LL BE BESPONSIBLE FOR ~ DAMagES INCUP/~ED BY THE LANDLORD BESULTING FR(H~ TEbL%/~T'S B~H OF THIS ~p~E~{ENT, INCLUDING, BUT NOT LII~ITED TO, CONTINUIN~ RENT FOR THE i~E~/AINDER OF THE TE~M OF T~IS AGBEEMENT, LESS ANY PENT RECEi~VmD DURING THE TEBM FR(~ A SUBSEQ~ENT TENANT. 15. AUT(~4ATIC HENEW~-L: Unless Landlord or Tenant ?iv.es.?h.e~o=th~ thirty (30) days written notice prior to the end of the lnl~la~ ue of this Agreement, this Agreement will renew on like terms and conditions for one year. After the first renewal, this Agreement will continue to automatically renew on like terms until terminated by either party by giving the other thirty (30) days written notice prior to end ~f the then current term. Landlord is entitled to increase the rent payable by Tenant at the beginning of each new term of this Agreement. 16. SURI~ENDER OF PROPERTY: The Tenant acknowledges receipt of the Property in a habitable condition, reasonably safe for occupancy. Tenant agrees to surrender and vacate the Property at the end of the lease term in as good condition as when received, except for reasonable wear and tear. Tenant agrees to return all keys for the Property to Landlord at the time of move out. If Tenant fails to do so, Landlord may trea~ any notice of move out from Tenant as null and void. In this casel, Tenant may incur additional liability for rent and other expenses and damages set forth in this Agreement. / Tenant will pay to the Landlord the cost of repairing any damage done by himself, his family, guests or visitors to the Property, the building containing the Property, and any common area. 17. A~/~DON~ENT OF BELONGINGS: Tenant agrees that any belongings left in/on the Property, including, but not limited to, automobiles, after Tenant vacates the Property will be deemed to ]De abandoned by Tenant. If Tenant fails to recover abandoned belongings from Landlord within thirty (30) days after notice by Landlord, Landlord will be entitled to dispose of the belongings in any manner Landlord deems appropriate. Landlord will not be liable to tenant for any costs, damages, injuries or other amounts of any kind resulting from Landlord's disposal of the abandoned belongings. Tenant is liable to Landlord for all costs incurred by Landlord in disposing of any abandoned property. 18. HOLDGI~: In the event Tenant does not comply with Paragraph 16 of this Agreement, or if Tenant otherwise remains in the Property after the expiration of the initial or any renewal term, the Tenant will be liable to Landlord for any damages or other expenses paid or incurred by the Landlord as a result of Tenant's holding over. Tenant will also be liable to Landlord for rent for each month Or partial month Tenant holds over in the amount of two times the ~ent payable by Tenant. 19. ASSIGNM~NTAND SUBLEASING: Tenant may not assign or sublease the Property without first obtaining the written approval of Landlord. Landlord may refuse to give consent for any reason Landlord deems appropriate. The consent by Landlord for any assignment or s~)leasing in one case or for one proposed assignee or sublessee is not to be deemed consent in another case or for another proposed assignee or sublessee. If Landlord consents to the proposed assignment or subleasing, Tenant will remain responsible for the fulfillment of the terms and obligations of this Agreement. Tenant will also be responsible for all acts or omissions committed by the assignee or sublessee. 20. ~T~RSE ~ INDE~IFICATION: Tenant releases Landlord from liability for any and all of the following, and Tenant agrees to fully indemnify Landlord for all costs, losses and ~iabilities incurred by Landlord as a result of the following: (a) Tenant's default of this Agreement; (b) Damages or injuries to Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; (c) Damages to the property of Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; (d) Judgments, liens or encumbrances filed against Landlord or the Property resulting from the conduct of Tenant or Tenant's family or guests; and (e) Damages or injuries to Tenant, Tenant's family or guests,! or damages to any property of Tenant or Tenant's family or guests which are caused by any defects in the Property or by an~ condition or cause which was or should have been visible!to or known by Tenant and of which Landlord is n,~t aware. 21. OWNER'S LIAB LITY. NO owner, partner, officer, employee, representative or agent of Landlord may be held personally liable in connection with this Agreement or any obligations entered into by or on behalf of Landlord. Ail claims against Landlord are enforceable solely against the Landlord's interest in the Property. Landlord and its representatives will not be liable for property damage or personal injury occurring in/on the Property unless the damage or injury results from Landlord's or its representative's intentional acts. 22. RULES AND P. EGULATIONS: Landlord may make any reasonable rules and regulations which in its sole judgment Landlord may from time to time deem necessary or desirable. Tenant agrees to comply, and to ensure that his family, guests and visitors comply, with the rules and regulations. Rules and regulations attached and/or enacted by Landlord are b~nding on Tenant and are expressly made a part of this Agreement. 23. EMII~ENT D(~%IN: If part of the Property is taken (condemned) bY any ~overnmental entity or any other authority, the rent will be reiduced proportionately. If all of the Property is taken or is made unusable, this Agreement will end. In either case, no money paid to Landlord for the Property will belong to Tenant, even if all or part of the Property is sold or transferred to the authority. Upon any taking, sale, or transfer, Tenant will peaceably move out of all or part: of the Property as notified. Tenant will be entitled to receive only those damages incurred in moving out of the Property which are provided for by law. 24. LANDLORD'S WAIVER: No delay or omission by Landlord in the exercise of any right or remedy for any default by Tenant will impair any of Landlord's rights or remedies or be construed as a waiver. The receipt and acceptance by Landlord of rent will not constitute a waiver of any default; it will constitute only a waiver of timely payment for the particular rent payment involved. No waiver by Landlord of any default is effective unless it is.in writing. No waiver of a default constitutes a waiver of any other default. 25. SALE OF PROPERTY: If Landlord sells the Property, Tenant understands that Landlord will not have any further responsibility under this Agreement after the Property is sold to a new owner. In the event of a sale of the Property, Landlord will be entitled to terminate this Agreement by giving Tenant sixty (60) days notice. 26. DA~g (b) BY FIRE OR OTF~RCASUALTY: No Fault of Tenant: If the Property is damaged by fire or other casualty which does not result from any act(s) or omission(s) of Tenant, his family, guests or visitors, Landlord will repair it within a reasonable time and rent will continue to be paid by Tenant unless the damage makes the Property uninhabitable. If the Property is uninhabitable, Tenant's obligation to pay rent will cease until Landlord makes the repairs necessary. If the Property is totally destroyed, this Agreement will terminate and Tenant, upon payment of all rent due to the date Tenant surrenders the Property, will not be liable for further rent. If only a portion of the Property is made uninhabitable, Landlord may, at its sole option, terminate this Agreement or repair the damage within thirty (30) days. If Landlord repairs the damage, Tenant will be entitled to a pro rata reduction in the amount of rent. F ult of Tenant: If the Property is d~aged by fire or other casualty which does result from any act(s) or omissions(si of Tenant, his family, guests or visitors, Tenant will remain responsible to Landlord for all rent, rsnt loss, vacancy loss and/or damages which may be due or sustained. Tenant will also be liable to Landlord for damages in the amount of the rent due under this Agreement for the remainder of the term of this Agreement or renewal, less any amount received by Landlord during the term from others to whom the Property may be rented. Tenant agrees that Landlord may re-rent the Property on such terms and conditions and at such rentals as Landlord, in its sole discretion, deems proper, reasonable and advantageou!s. Tenant will also be liable tO Landlord for all costs and expenses related to re-renting, including but not limited to repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the vacant unit and agent's (broker's) fees. Ail of these damages and costs are payable by Tenant to Landlord immediately upon notice. 27. MISCm?~m~EOUS PROVISIONS: (a) Notices Tenant. Any notice required by this Agreement to be given to Landlord from Tenant must be in writing and either hand delivered to Landlord or sent by certified mail, return receipt requested. Any other form of notice given by Tenant will not be effective. (b) Window Dressin s. Ail window dressings, such as drapes ©r curtains, must be white or cream on the side facing outside the Property. (c) Kerosene Heaters. Tenant may not use kerosene heaters, electric heaters or any supplemental heating devise in the Property. (d) Laundry. Tenant may not hang laundry outside the Proper~y. ? (e) (f) (g) (h) (±) (j) (k) (1) (m) (n) 28. Looks. Tenant may not alter or change any locks and may not install new locks on or in the Property without first obtaining Landlord's written permission. Signs. Tenant may not hang or attach any signs or advertising materials on the doors or windows of the Property or anywhere else on Landlord's property. Fire Extinquishers/Smoke Detectors. Tenant must notify Landlord promptly of any needed repairs or charging to fire extinguishers and smoke detectors in the Property. Musical Instruments/HAMRadios. Tenant may not have or use on the Property Ham Radios, drums, pianos or organs without first obtaining Landlord's written permission. Danqerous Aotivities. Tenant may not engage in dangerous activities, including, but not limited to, glass blowing or welding, on the Property. W~her/Drver. Tenant may not install a washer or dryer in. the Property without first obtaining Landlord's written permission. Control of Children. Tenant must maintain control of all children who reside in or visit the Property. Tenant will not allow any child to run or play in any entrance or hallway, parking lot, or on any roof or fire escape, or on any porch other than Tenant's porch. ~ehicles. Tenant is entitled to park a maximum of two vehicles at the Property. All vehicles must have: current inspection and registration stickers. Any vehicle on the Property withou~ current inspection and/or registration stickers will be considered an abandoned vehicle. Waterbeds. Tenant may not use any waterbed or other water~- filled furniture in the Property without first obtaining Landlord's written permission and providing proof of propelr insurance. L~ndlord's Belon~in=. Each of the following items belongsl to Landlord and~wi~b~remain in the Property after Tenant vacates: Refrigera~~ O~.~ ~ Smoke Detector Garbage Disposal Fire Extinguisher .... %~--~.~. Dishwasher Stove .- ;R-,-~%a~%~f'n~6'~ ' Other: washer/dryer ~/~/I / ~2_ SUBORDINATION: This Agreement is subject and subordinate to any mortgage now on the Property or placed on the Property after the date of this Agreement. If any legal documents are necessary to make this subordination effective, Tenant agrees to sign and acknowledge ~he documents when given to Tenant. 29. CHANGES TO AGREEMENT AND SE~ERABILITY: (a) Chsnaes. This Agreement may be modified or changed only in writing signed by both Landlord and Tenant. This Agreement constitutes the entire agreement between the parties. No verbal agreements or notices can or will modify the provisions of this Agreement. (b) Severabilitv. If any term or provision of this Agreement or the application of any term or provision is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of it will not be affected. Each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. CAPTIONS: The captions used in this Agreement are for the purpose of convenient reference only and are not intended to express the full meaning of the clauses they introduce. PENNSYLVAN~LAW: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. TIME OF ESSENCE: Time is of the essence for this Agreement. PARTIES: All rights and liabilities given to, or imposed upon Landlord and Tenant, or waivers of Landlord and Tenant, extend to and bind the respective heirs, executors, administrators, successors and assigns of Landlord and Tenant. The word "Tenant" means each and every person mentioned as Tenant. If there are more than one Tenant, any notice required or permitted by the terms of this Agreement may be given by or to any.one of the Tenants, and will have the same force and effect as if given by or to all of the Tenants. In the event that more than one person is Tenant under this Agreement, or in the event that a Co-signer/Guarantor signs this Agreement, Landlord or its representative may proceed with its available legal remedies against any or all of the Tenants and/or Co- signers/Guarantors, and the liability of each shall be "joint and several." This means that Landlord or its representative can sue any one or more of the Tenants and/or Co-signers/Guarantors for violations of this Agreement. FULL~ANDING: Tenant certifies that he has read, understands, and agrees to each and every provision of this Agreement, is fully aware of all obligations, duties, and remedies which are set forth in the Agreement and has had advice of.an attorney, or has waived advice of an attorney, prior to signing this Agreement. 30. 31. 32. 33. 34. /? INTENDING TO BE LEGALLY BOUND, Landlord and Tenant place their seals and signatures on this Agreement: LANDLORD KLP Enterprises, Inc., d/b/a Lindham Court Apartments Tenant Tenant (SEAL) (SEAL) GUARANTY OF p~NT AND PERFOI~NCE In order to induce Landlord to offer the Agreement to Tenant, I~ INTENDING TO BE LEGALLY ~UND, agree to ensure that Tenant performs all obligations of the Agreement. I guaranty to Landlord that all sums becoming due to Landlord by Tenant will be paid. This Guaranty will remain in effect throughout the term of the Agreement and throughout the terms of all renewals, even if the renewals are under new terms and conditions agreed upon by Landlord and Tenant. My liability is absolute, continuing and unccnditional. Landlord will not be required to proceed against Tenant or invoke any other remedy before proceeding against me. I SPECIFICALLY WAIVE NOTICE OF ANY RENEWAL OF THE AGREEMENT AND NOTICE OF ANY CHANGE IN THE TERMS OR CONDITIONS OF THE AGREEMENT. WITNESS: (SEAL) (SEAL) EXHIBIT B KIP ENTERPRISES, INC. d/b/a LINDHAM COURT 1101 LINDHAM COURT #704 MECHANICSBURG, PA 17055 (717) 697-8388 (717) 795-6141 RENTAL CONCESSION ADDENDUM This Addendum to the Lease Agreement dated Julyl, 2002, Mian & Abida Hussein_known as Lessee, and Lindham Court know as Lessor, shall be incorporated and made part of the lease at 1101 Lindhami Court, #810, Mechanicsburg, PA 17055. It is agreed and underStOod by the parties that the Lessee has received a Rental concession. The concession is as follows: $20.00 per month for a 12-month lease. In the event that the rental lease is not fuWdled, the Lessee agrees !to reimburse the Lessor $240.00 which is the total value of the above concession prior to vacating the apartment. ~ $695.00 ~i'1 Market Rent Lessee Lessee Date Rental Concession Addendum EXHIBIT C KLP ENTERPRISES d/b/a LINDHAM COURT MECHANICSBURG, PA 17055 (717) 69%8388 (717) 795-6141 (fax) DAMAGE ADDENDUM The following is a list of charges which may be assessed to you in the event damages are caused to the apartment and are beyond ordinary wear and tear. This damage addendum is an addendum to the rental lease agreement. Address: 1101 Lindham Court #810 1 Bedroom 2 Bedroom Charges $ 55.00 $ 80.00 C!e.ning-Individual Items_ oven/racks/broiler pan stove top/burners/range hood kitchen cabinets/drawers refrigerator/freezer dishwasher kitchen floor kitchen sink/countertops washer dryer and lint filter laundry area floor bathtub/shower batkroom sink/vanity $ 45.00 $ 45.00 -~ $ 45.00 $ 40.00 --~ $ 35.o0 $ 40.00 $ 35.00 $ 35.00 $ 35.OO $ 35.00 $ 45.00 $ 30.00 C:klvly DocumentskLindham Court,Damage Addendum.doc bathroom mirror toilet bathroom floor window (per window) patio/balcony French door windows (per window) $ 5.00 $ 20.00 $ 25.00 $10.00 $15.00 light fixtures (per fixture) C~har~les $ 7.00 replace light bulbs (per bulb) replace fire extinguisher sweep patio/balcony keys not returned $ 2.00 $ 40.00 $10.00 $ $0.00 $ 63.60 1 Bedroom $ 68.90 2 Bedroom ma es to a plianees, carpets, flooring, sinks, walls, fLxtures,, cabinets and Any .da_~_l_.g.* _;. a~p~ ,toed at re lacement cost plus labor. If.the items a. reL_- coun~ermp~ v,,u v. ch--~._ P'- ,---~- *--~ d labor win I~e cnargeu. ~-~uy re irable, the charge ol me repaw, .urn pa..o an '_,.. _~.. Af e~a an her a~Pd~tional damages or cleaning ~dll be charged at the houny ,a,, ,- ~ ..... r-' hour. ,~ ~? I Date Lessee p~{er ty Manager Dale C:klVly DocumentskLindham CourtkDamage Addendum.doc I, ,~) h~r~ ~)~agent for Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Complaint are true and correct and that fals -, statements made therein may subject me to the penalties of 18 Pa.C.S.A. Se( ,~ion 4904, relating to unsworn falsification to authorities. KLP ENTERPRISES, INC., t/a LINDI~tAM COURT APARTMENTS ~ KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff V. MIAN HUSSEIN and ABIDA HUSSEIN, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 03-3467 CIVILTERM : : .. : CIVIL ACTION -. LAW C.I=RTIFI~ATI~ OF I hereby certify that the foregoing Complaint was sent by certified m~il, return receipt requested this day to the following: Mian Hussein Abida Hussein 802 Salem Avenue Hagerstown, MD 21740 Date: Respectfully ~)mitted, WiX, WEN( ;~R & WEIDNER . Zortman, Legal A~sistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-08z 5 (717) 234-4182 Attorneys for Plaintiff