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HomeMy WebLinkAbout07-2780COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT Oy-1-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 617- a 766 (?;vi ( l e-rwn 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. Robin Adams Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE P. 0. Box 182 New Cumberland PA 17070 DATE OF JUDGMENT TIN THE CASE OF (PLAINTIFF) (DEFENDANT) 4/11/07 Steve and Gail Norford vs. Robin Adams CLAIM NO. A RE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR 131-07 0d-&44.t_A Robin Adams This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o ro ty or uppuly 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.J.P. 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 Steve and Gail Norford appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. D7-a7R0&I 1) within twenty (20) days after set a of r le or suffer ntry of judgment of non pros. i nature of appellant or his attorney or agent Rabin Adam RULE: To Steve and Gail Norford , appellee(s) Name of appellee(s) (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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: M Q V 7 , Year C26 c)7 White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy s P, C<rn Signature of Pr t onotaryor Deputy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable 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) , year personal service []by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on . Year _ , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year by personal service b (certified) (r ? ? Y ( egistered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF YEAR Sgnature of Affiant Signature of official before whom affidavit was made TXe of official G Q My commission expires on year ZJ r (°-` Q < C7-?79 ., COMMONWEALTH OF PENNSYLVANIA COUNTY OR CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TONNE COMMONS -SUITE 3 NEAP CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 ROBIN ADAMS PO BO% 182 NEW CUMBERLAND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS --I rNORFORD, STEVE/GAIL 204 CLEARVIEW RD NEW CUMBE__LPND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS 50AMS, ROBIN PO BOX 182 NEW CUMBERLAND, PA 17070 L J Docket No.: LT-0000131-07 Date Filed: 3/26/07 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) NORFORD, STEVE/GAIL In a Judgment was entered against ADAMS ROBIN, Fx-] Landlord/Tenant action in the amount of $ 3,273.75 on 4/11/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00. The total amount of the Security Deposit is $ 800.00 Total Amount Established b MDJ Less • Security Depos26Aplied Rent in Arrears $ 316.26-$ - Physical Damages Leasehold Property $ 350.00 -1 350.00° Damages/Unjust Detention $ 185.49 - $ 185 _ A - Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) LIT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. 0 Possession granted. Total Judgment Adjudicated Amount $ 3,151.75 $ .00 $ _00 $ _00 $ _00 $ -11151-15 $ 122_00_ $ _00 $ 3,273.75 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa Is le y Ime o evlc Ion. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. APR 2007 Date U4A" certl y that this is a true an correct copy o the Date District District Judge SEAL i PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN 00) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF e°?[? ?'Yt ?p f "d ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. r? rJ - z 7 , upon the District Justice designated therein on (date of service) n {- year v*? 10 by personal service ?by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name b .'j A , on "7' Mu j _ _,year 4009 by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. f and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year by personal service [:]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIIMED) AND S UBSCRIBED BEFORE ME r ' THIS !` t DAY OF ,CYEAR 7 '/ o -0- /\ / n l SR7nature o/Aftnt S' nature of o" I befo whom ! was made Tide of official My commission expires on 27, year Z,1,9.7 COMMONWEALTH OR PENNSYLVANIA NOTARIAL SEAL BETTY K. HOOVEN, Notary Public Lemoyne Boro., Cumberland County My Commission Expires May 27, 2009 t COURT OF COMMON PLEAS Q nberland. County JUDICIAL DISTRICT 09-1-0i ~k COMMONWEALTH OF PENNSYLVANIA APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 67-,9766 In I V, j r e-r m 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Robin Adams Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE P. 0. Box 182 New Cumberland PA 17070 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 4/11/07 Steve and Gail. Norford Vs. Robin Adams CLAIM NO. RE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR / LT YEAR 131-07 _ ?•" 6- f lc/1 Rabin Ada>'i>S This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) inaction before., district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o ro o y or Deputy PRAECIPE TO.. ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEF DANT (see PA R.C.P.J.f. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to 6e served upon a4peflee. PRAECIPE: To Prothonotary Enter rule upon Steve and Gail Norford , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. O7- "? ?.w I 1 within twenty (20) days after servi6e of r 'le or suffer entry of judgment of non pros. S' ura orappellant or his attorney or agent Robin Adaanis RULE: To Steve and W1 Norfard , appellee(s) Name of appellee(s) '. i (i) 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. (2j u do not'foe,a,complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU U N PRAEGIPE 43) The date of service of, this rule if service was by mail is the date of the mailing. Die (w, I Year ply-? , sAPA Signature of Pr otary or-beputL," White - Prothonotary Copy Green - Court File Copy Yellow - Appelant'm.Copy< Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 I ?% STEVE AND GAIL NORFORD, Plaintiffs V. ROBIN ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO.f?? CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I certify that I served a copy of the Notice of Appeal upon the District Justice by Hand Delivery on ! At 2007, by handing to This is also to certify that I served a copy of the Notice of Appeal by personally handing a copy to Steve Norford on F140-A= , 2007, and by personally handing a v copy to Gail Norford on 2007. r - . 1 Date: 1 ? (,C L7 Robin Adams P. O. Box 182 New Cumberland, PA 17070 (717) 713-1199 (Pro Se) Sworn and subscribed to before me this //*h day of May, 2007. Notary Publi COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELemoyyyynnee K. HOOVEN, Notary Public Boro., Cumberland County ommission Expires May 27, 2009 N r : D - 'X7 ? Cry .., ..mow t \ F«? fM Vl ? ""/? STEPHEN NORFORD and GAIL IN THE COURT OF COMMON PLEAS NORFORD, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. ROBIN ADAMS, Defendant No.: 07-2780 CIVIL - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint to Join Additional Defendant 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Code por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Code sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES CUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS DUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams(cTReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rjoyce(a)ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.: 07-2780 ROBIN ADAMS, Defendant CIVIL - LAW COMPLAINT 1. The Plaintiffs are Stephen Norford and Gail Norford, husband and wife, adult individuals, (hereinafter collectively referred to as "Norford"), with an address of 204 Clearview Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Robin Adams (hereinafter "Adams"), an adult individual, with an address believed and averred to be P.O. Box 182, New Cumberland, Pennsylvania 17070. 3. On or about August 8, 2004, Adams and Norford entered into a written Lease Agreement for the premises owned by Norford, located at 325 9t' Street, New Cumberland, Pennsylvania 17070. A true and correct copy of the aforesaid Lease is attached hereto and incorporated herein by reference at Exhibit "A". 4. The terms of the Lease include that Adams agreed to pay Norford the amount of $800.00 per month as rent. The rent was due and payable by Adams on the first day of each month. In the event that the monthly rental payment was not made within 5 days of the date due, the Lease provided for the assessment of late fees at the rate of $10.00 per day. Defendant Adams has failed and refused to pay the full amount of the rent in accordance with the Lease for the months of September, 2006 through March, 2007. 6. Adams' failure and refusal to pay all rent due constitutes a breach of the Lease. The outstanding rent now past due and owing as a result of the breach is $3,032.20, plus $2,610.00 for late fees as authorized by the Lease, as of the date of this Complaint. The late fees will continue to accrue until the full amount of rent arrearages are paid. 7. The Lease provides that in the event that Norford must file suit or bring a legal action against Adams for unpaid rent, Adams would be liable to Norford to pay attorneys' fees. As a result of Adams' aforesaid breach, Norford has suffered damages in the principal amount of $6,042.20, as of the date of this Complaint, exclusive of interest as follows: a) Unpaid Rent =$3,032.20 b) Late fees as of the date of this Complaint = $2,610.00 C) Attorneys' fees as of the date of this Complaint = $400.00 Total as of the date of this Complaint = $6,042.20 WHEREFORE, Plaintiffs, Stephen Norford and Gail Norford, respectfully request this Honorable Court to enter judgment in their favor and against Defendant, Robin Adams, in the amount of $6,042.20, plus costs, interest, attorneys' fees, and late fees. Respectfully submitted, P.C. Date: May 25, 2007 Th6mas O. Williams, Esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff RESIDENTIAL LEASE by & between this day of herNafter called, "LANDLORD" and ,hereinafter called "TENANT". In consideration of the rents and covenants hereinafter set forth and contained on the part of the Tenant to be paid, performed and observed the Landlord does hereby lease unto the Tenant, the premises hereinafter described under the conditions set forth herein. 1. TERM: The term of this lease shall be for a period of /• months, be ing on the /s, day of 0--J .2 COIL/ and terminating on the /-` day of c. V ar 2aa t, &r of /•? P-1-,? E • . At the expiration of this lease a month-.o-month tenancy will remain in effeauntil termination. ; Landlord acknowledges receipt of ? voo to cover rent for the period is'da e y to e c. 1?0"od car- .i / moo Y 2. PREMISES: The Iandlo oes hereby lease unto the T ant the residential premises located at 3a Tie said premises is to be used as living quarters for residence of said named Lessees, being _1radults and -&- children, and for no other purpose whatsoever. No other persons shall occupy the premises with Lessee, unless 'written consent is received from Lessor. If this occurs and written consent is received from Lessor an additional charge will be incurred at that time. 3. RENTS: Tenant shall pay to Landlord as rent for the above-described premises, a monthly rent due on the first day_of each month, the sum of Ada ;QC TO . If the rent is paid and received by landlord before the A of the month it will be discounted to ed. a D* If the rent is received and/or postmarked after the (5th) fifth day of the month'a late charge of e5 a pier day will be added to the rent charge, starting with the day the when the rent was due. If the rent is paid by check and ? aid check is returned for any reason, all further rents must be paid by cash, certified check or money order. Rent for%any month with a returned check will not be considered paid until said check is made good and funds collectible. The rent shall be paid to a, o ,?1a,? ?,'?? r2? c??.p.7/ P 17?i I C??'/- d'rt f?'-yt 7c j ?G? f 4. SECURITY DEPOSIT: Tenant shall be required to provide the Landlord at the beginning of the term of this lease the sum of 0 - d 10 as securiti to cover damages, cleaning, including carpet cleaning, repair or replacement if deemed necessary, and to insure the performance of this lease. Upon expiration of the term of this lease the Landlord shall inspect the premises to determine damage, if any, following the removal of the Tenant and Tenant's possessions from the property. Any damage to the leaked area, or any repairs necessitated as a result of the Tenant's use of the leased area shall be done by the Landlord at the expense of the Tenant and deducted from the security deposit. The Landlord shall account to the Tenant for tine unused portion of the security deposit within thirty (30) days following the expiration of the term of the lease, whether it be annual or month-to-month. The security deposit may not be applied or used as payment of the last month's rent, S. ALTERATIONS: Tenant agrees not to make any alterations, additions improvements or other changes to any part of the premises or its facilities without the express written consent of the Landlord. 6. INDEMNIFICATION: Tenant shall indemnify and save, harmless from any liability imposed upon Landlord adjudicated or otherwise by virtue of any personal injury or property damage arising from any use of the premises by the Tenant, their agents and invitees, including court costs. 7. INSURANCE: The Landlord shall insure the structure within which the Leased Premises is located for. fire and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Premises. 8. REPAIRS: Landlord agrees and covenants to be responsible for all repairs to the exterior of the premises and also agrees to be responsible for all repairs to the interior of the remises including the heating facilities and maintenance and repairs of the appliances which are now located on the leased premises. However, in the event that such repairs are necessarily due to the ads of the Tenant or their agents, then such repairs shall be performed at the expense of the Tenant. 9. ASSIGNMENT: The-tenant covenants and agrees not to assign, sublet or transfer the interest in the premises to any other party. 10. UTILITIES: Tenant will be responsible for the payment of all utilities furnished to the premises except Iva ?? c coo ; a»J 11. ACCESS BY LANDLORD: Tenant agrees to permit; Landlord to enter upon said premises at all reasonable timed to inspect, repair, maintain or to show the property to any prospective buyer, loan or insurance agent and in the event either party has given notice of termination, to show the!premises to prospective tenants. 12. SURRENDER OF THE PREMISES: The Tenant cotenants with the Landlord that the Tenant has received the premises in good order and condition and at the expiration of this lease, Tenant will yield said premises in as good condition as when the same was rented by the Tenant, with the exception of any damage caused by riots, fire, flood, incendiarism, acts of God or the public enemy, the elements, ordinary wear and tear and other causes beyond the Tenant's control. However, the Tenant shall be liable for any repairs resulting from ads of the Tenant, their agents, servants or employees or any other person upon the said premiises at the invitation of the Tenant. 13. NOISE: Tenant agrees not to use said premises for ariy unlawful or immoral; purpose, nor to play any musical instrument, radio, television after 11 P.M. loud enough to be heard by other tenants or neighbors. 14. TRASHIWASTE: Tenant agrees to permit no waste on the premises. Tenant shall keep the leased area of the premises free and clear of any type of refuse, junk or other debris. All trash and refuse shall be stored outside the leased area in appropriate trash containers which are provided by the tenant. Tenant agrees to abide by the recycling guidelines set forth bythe local municipality. If recycling containers are lost or misplaced upon termination of this lease, the Tenant must incur the expense to replace it. All trash must be placed in plastic trash bags before being place in containers. o ?? Do 15. PETS: Tenant agrees that there shall by r other animals either domestic or otherwise, including parrots or birds, kept on the premises. Tenant further agrees pot to temporarily care for pets belonging to other people. 16. SALE: The Landlord herein shall have the right to sell the property at any time to any third party without giving notice to the Tenant. This agreement , shall at the option oftlne new owner, be null and void (30) thirty days after Notice of Sale has been issued to the Tenant. 17. USE: Tenant agrees that the premises shall be used only for single family private dwelling for the immediate family only ofadults and -f?" children. -1*18. EXPIRATION: Both parties hereby agree that either, party hereto may terminate this lease at the end of the said term by giving the other party written notice thereof at least thirty (30) days prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions as herein contained for a further period on a,monthto- month and so on. It is the intention hereof that if the original xerm shall be renewed or extended under the terms hereinabove provided such renewal or extension shall be month-to- month. 19. DEFAULT: Upon the occurrence of any default, such as a failure to pay installment of rent when due, failure to perform any terms or conditions of this lease, abandonment by Tenant of the Leased Premises , or insolvency of the Tenant, this lease shall be deemed to have been breached and thereupon by that fad itself and without entry or other action by the Landlord. A. At the option of the Landlord the rent for the remainder of the term of this lease shall immediately become due and payable. B. At the option of the Landlord this lease and the term created hereby, as well as, all the right, title and interest of Tenant hereunder shall cease and become absolutely void without any right on the part of the Tenant to save the forfeiture by payment of any sum or by performance of any berm, covenant or condition broken or defaulted, and the Landlord shall be entitled to recover damages for such event of default in the amount equal to the amount of rent and other charges reserved for the balance of the term hereof, lest the fair market value of the leased premises for the balance thereof. C. At the option of the Landlord, he may. lease the demised premises or any part or parts thereof the such person or persons as may, in Landlord's discretion seem best without affecting Tenant `s liability for any loss of rent for the balance of the term. D. Tenant shall pay to Landlord on demand, all of the Landlord's costs, charges and expenses including without limitation the reasonable fees of counsel, agents or others retained by Landlord for the enforecement of Tenant's covenants under this lease: 20. WAIVER OF NOTICE: Tenant hereby waives all rights to legal whenever provided by statute or common law and agrees that ten (10) days notice of any proceedings to recover possessions in the event of default at any time shall be sufficient. 21. SMOKE DETECTORS: Tenant shall be responsible for testing all fire warning devices such as smoke detectors and fire alarms within the leased premises and. shall notify Landlord if any fire warning device is not functional. Tenant is responsible for replacement of batteries in smoke detectors. 22. USE OF ILLEGAL DRUGS: The occurrence of any of the following constitutes a default under this lease and shall subject the Tenant to all remedies allowed by law or by4his for default: A. The conviction of the Tenant or any other occupant of the leased premises for the illegal sale or distribution of any drug in violation of the "Zhe Controlled Substance, Drug, Device and Cosmetic Act, " or any other substances upon any portion of the leased premises or upon the land or building containing the leased premises. B. Any violation by the Tenant or by any other occupani of the leased premises of any of the provisions of the "Controlled Substance, Drug, Device and Cosmetic Act" or any other law governing illegal drugs. ?. The application made by the Tenant or any other occupant of the leased premises, or acceptance of any such person in the "Probation Without Verdict" program, the "Accelerated Rehabilitative Disposition" program or any similar program related to a drug violation or offense, D. The seizure by law enforcement officials of any illegal drugs on the leased premises. IN WITNESS WHEREOF, the parties hereto have executed this lease contract this day and year first above written, intending to be legally bound thereby. c?n ?.f"iy++. ?y s /o;)( AA 00 dam-- on %6 4'. occ o? l mom., R"f- st-r-, C1 e,*r- 4n _.S'c?-??, ? Dom,)' - ?'?'• ?P.?? IMPORTANT NOTICE THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND DUTIES AS A TENANT. SPECIFIC QUESTIONS ABOUT YOUR LEGAL, RIGHTS AND DUTIES SHOULD BE REFERRED TO IAN ATTORNEY. DO NOT. SIGN THIS RESIDENTIAL LEASE UNLESS. YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION.ON THIS PAGE. As Tenant, you violate the terms and conditions of this Residential Lease if you: 1) Fail to make timely payment of rent or other charges to the Landlord. Or, 2) Vacate the Leased Premises without the Landlord's consent prior"to the end of the tease term. Or, 3) Fail to vacate the Leased Premises at the end of the lease term. Or, 4) Fail to perform any of the obligations igctuded in the lease, rules and regulations, the riders or amendments. Or, 5) Violate any Rules or Regulations which ore made a part of the Residential Lease. Paragraph 16 includes a waiver of "Notice to Quit". When "Notice to Quit" Is waived, if you violate the Residential Lease, the Landlord has the immediate right to file a complaint in Court seeking an order evicting you from the Leased Premises. The Landlord DOES NOT have the right to bring an action in Court aeeking your eviction unless you have violated your obligations as a Tenant. Even though you are waiving "Notice to;Quit", you will still have an opportunity in Court'to contest the validity of the Landlord's claim for eviction. If you violate the terms and conditions of the Residential Lease, the Landlord has the right to seek the following remedies against you in Court: 1) A Judgment for v rdue rent, late charges and monetary damages caused by your violation of the lease terms and cord t ons. 2) An Order for Recovery of Possession through an eviction action. 3) A J udgmept fw twid rent for the balance of the tease term or until another person takes poss ssion of thb leased Premises as a new Tenant. IF Term IS FORE THAN ONE TENANT SIGNI2G THIS RESIDENTIAL, LEASE, THE TENANTS ARE JOINTLY AND SEVERALLY LIABLE FOR THE PERFORMANCE OF ALL TENANT OBLIGATIONS. THIS MEANS THAT THE LANDLORD MW THE RIGHT * StM ANY ONE TENANT OR ALL OF THE TENANTS FOR. VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF.' THE RENT. AClQdOW=DGZNZM: I, THE UNDERSIGNED TENANT ) , HAVE READ AND UNDERSTAND TH ABOVE DISCLOSURE. TENANT / b a TENANT VERIFICATION I, Stephen Norford, hereby verify that I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date. 2-? B Ast WNorford VERIFICATION I, Gail Norford, hereby verify that I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ? )/) ? By: ?-54^WW Gail Norfor ,.. f._ ? "7 t '-? `- - i 1`17 ?-._° ?+. ? '+? , C1 i -^r e ?.. ' 7 6 _ ? j {-? REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: TwilliamsCo)ReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rjoyce(a)ReagerAdlerPC.com. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.: 07-2780 ROBIN ADAMS, Defendant CIVIL - LAW AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Thomas O. Williams, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Plaintiffs, Stephen Norford and Gail Norford, in the above- captioned case. On May 30, 2007, I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the Complaint filed in this action to the following: Robin Adams, Post Office Box 182, New Cumberland, PA 17070. A copy of my transmittal letter is attached hereto as Exhibit "A". 2. I further depose and say that I thereafter received from the Postmaster of Camp Hill, Pennsylvania, a Certificate of Mailing receipt bearing the post mark as date of delivery: "May 30, 2007." A copy of the official receipt is attached hereto as Exhibit "B". Respectfully submitted, REAGER & Date: June 1, 2007 Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff Sworn to and subscribed bef a me this 0 S? day of 2003 ej--t --e? Notary Public COMMONWEALTH OF PENNSYLVANIA Notaft Seal Deborah L Brernernan, Notary Pubic Camp FIN Horn, 0jfZw*id County My Corrn"I n I:xpUOS June 1S, 2010 Member, Pennsylvsnle Association of Notodes Cx???Q l?( ? . REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER LINUS E. FENICLE THOMAS O. WILLIAMS SUSAN J. SMITH PETER R. WILSON Writer's E-Mail Address: Twilliams(a)ReagerAdlerPC.com May 30, 2007 Ms. Robin Adams Post Office Box 182 New Cumberland, PA 17070 SUSAN H. CONFAIR TIFFANY M. CARTWRIGHT JOHN H. PIETRZAK RICHARD J. JOYCE +Certified Civil Trial Specialist Re: Stephen Norford and Gail Norford, Husband and Wife v. Robin Adams Docket No.: 07-2780 (Cumberland Co. C.C.P) Our File No.: 00-268.002 Dear Ms. Adams: Enclosed for service upon you, please find a time-stamped Complaint that was filed in the above-captioned matter. Should you have any questions regarding the enclosed, please do not hesitate to contact me. Very y I Tomas O. Williams TOW/jne Enclosure cc: Stephen and Gail Norford ?xi?.ii3?7 (? l wyr. 4?Tq„ 1? ZIP Cox) MPA Z O J Z U1 O ? Q ? ww i Y n V w W ? loll rZ a ?j U U ?pc W O N LL? LL ?J G F6- 5 0 a W O ? a ?f 1 t ; c co M1' N a r 7 lu - ? t , ?n : STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, V. Robin Adams, Plaintiffs Defendant TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-2780 CIVIL - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Counter- 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 Counter-Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4t' Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service 4"' Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 V , Pro Se Robin Adams Dated: STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, V. Robin Adams, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-2780 CIVIL - LAW T ?15 tc??P?' 1. Admit, that they are Stephen and Gail Norford, Denied that the Plaintiffs live at the same address. 2. Admit, I am Robin Adams, and my address is correct. 3. Admit, we did enter into an original lease agreement on this date and I am entering my copy that was Mrs. Norford provided to me on the aforesaid Lease Exhibit "A". 4. Admit on the first lease. However Mrs. Norford as of November 2006, evicted me due to the refusal to pay rent and then we decided that I could remain onthe premises, she also stated that there is a new lease and it would have to be signed by me and it would be month to month. That lease never transpired. Therefore I believed that there was no lease and I was month to month. As well as the original lease signed was for a period of 13 months signed in 2004. 5. Denied; I did not deliberately refuse to pay, my hand was forced to pay in increments regardless of not having heat for the 4t' winter and reasons listed below. a. I could not afford total monthly rents due to the excessive electricity, and Gas. The Tenant that resides in the garage who is my brother used the electricity daily and many evening as well. The Norfords were aware of this, because I complained to Mrs. Norford for 3 years regarding the use of electricity and nothing was done. I personally cut the extensions cords and he would tape them or wait until I went to work to plug back into my electricity. b. The Gas furnace from 2004 up throughl January 2007 was working improperly. I began contacting Mrs. Norford the very first winter, she kept telling me that the radiators needed bled, but yet she sent nobody to look at it. They may have found out that it was more to bleeding the furnace, if they would had taken the time to look at the furnace. Due to the extremely high gas bills due to the furnace working longer and harder, I had to buy a kerosene heater. When her brother in-law did come to look at it in November/December 2006, he stated that it needed a part, since water leaked into it, which he would have to order and due to his own Heat and air conditioning business being extremely busy, he would have to find the time. COMPLAINT, continued b. continued, He was able to finally repair the furnace in January of 2007. Mrs. Norford stated at the last hearing that she was not aware, this is so untrue. c. A new tenant moved in on 1 March 2007, as well as a notice was provided to Mrs. Norford on my intent to move, which I did in writing, and I called her in January and left a voicemail, which we had previously discussed. She stated that she had to turn her phone off and back on then she was able to retrieve my message from 22 days earlier. And on 12 -19 February 2007 there were emails that were sent back and forth. Please note on the email dated 19 February, Mrs. Norford was not clear on what she owed, and I mentioned to her via phone conversation that I was not coming up with her figure, she called me back and told me that she found another 400.00 that she didn't mark paid. Please note Exhibit "B". a. 2600.00 for months June, July and August, which left a 66.00 credit b. September 25, 2006 paid 400.00 towards September 2006 c. Oct and November - No heat, zero dollars paid d. December 5, 2006 - 250.00 December 15, 2006 - 250.00 December 22, 2006 - 500.00 January 12, 2007 - 500.00 January 27 - 500.00 (cash) she met me at the bank for this payment e. January 2007 called Mrs. Norford and left voicemail to inform of my intent to move f. Feb 11 -17 process of moving g. 1 March New Tenant 6. Denied, I never refused to pay rent, see the above exhibit "B" but the Norfords would not and did not want to fix the furnace and would not recognize the high utilities which I feel they are just as responsible for this since they are the owners of said properties (house and garage). I did disagree with the amount of monies that they claim I owed, which is why it went to the appeal process. 7. Admit; the original lease does state this. But no other lease was followed up on. I thought that there was not a lease per say. s. Denied the total amount payable, note the original copy of intent to recover monies at this hearing Docket Number LT-0000131-07, with District Justice Charles A. Clement, Jr. it was stated that we had the appeal right. I exercised this right and they penalized me for this, the increased the total amounts that they claim plus $3000.00 more to include a 455% interest in late charges. STEPHEN NORFORD and GAIL IN THE COURT OF COMMON PLEAS NORFORD, Husband and Wife, CUMBERLAND COUNTY, Plaintiffs V. No.: 07-2780 Robin Adams, CIVIL - LAW Defendant COUNTER COMPLAINT 9. 1 request a refund of my security deposit, there was an $800.00 deposit and the bogus charges, plus they kept the entire deposit. I do agree that they could deduct a total amount for trash and sewage (S&T) of $107.99. These bogus charges for example is that my brother and brother in-law were at the house at my request to complete the moving out of dresser and 2 bags of empty laundry detergent containers in the basement. She asked them to move the dresser out and she carried the 2 bags up and her charges to me were $250.00 to move furniture out of the house and $100.00 for cleanup and utilities for the month of March, and a new tenant was already living in the property. And she never paid them since they were there to move the furniture for me. I will furnish witnesses to attest to the above statements. Request that the remaining balance of $692.00 be returned to me or applied towards the actual amount of monies due to the Norfords. Exhibit "C". a. payable to Norfords 107.99 b. credited to Adams 692.00 10. As well at the original hearing it was stated that I could have a person disconnect my personal property a crystal chandelier that is of great value and connect their original light that was in the house. Plus the $700.00 of perennials outside, that I paid for and paid my sister to help with landscaping around the property, with the consent of Mrs. Norford. She was aware of every move I made and knew that when I moved that I could and would dig up the plants. At the original hearing, District Justice Clements asked the property owners if I could remove the chandelier and plants and they agreed. As long as when I dug these up I would not leave holes. She refused to allow me to retrieve my property and stated only after she was paid all monies that they claim I owe. Since their intent is to keep the landscaping I would like the court to find in my favor of an additional $700.00 for this. I will furnish copies of original receipts, upon request. a. allow me to retrieve my property of the crystal chandelier b. pay for the plants for $700.00 - or the plants COUNTER COMPLAINT, continued 11. And the recognition of excessive electricity and gas bills, since they were the property owners they could have provided a notice to my brother. Whom rents the garage behind the house and he resides there. He asked me in the winter of 2004, if he could use the electricity. He also stated that Mrs. Norford and he will be working on getting electricity in the garage. She and I discussed this as well, and she stated this to me. The electricity never did happen, and I still have to pay for electricity for two households. Mrs. Norford stated at the first hearing that she had no control of the situation, and that he is my brother. But yet he was forced to unplug the extension cords for the new tenants. I went under the impression that electricity would be installed in the garage, and it would be short lived. I would like the court to find in favor to me the defendant of help recover monies and recoup my losses. I will provide copies of bills, upon request. 12. Summary of above counter complaint charges: a. 692.00 security deposit b. Retrieval of chandelier c. 700.00 payment of plants - or the plants d. Monies credited to me for the Kerosene heater, And what the Courts, find to be suitable for the excessive gas bills, and electricity. WHEREFORE, Defendant, Robin Ann Adams, respectfully requests this honorable court to enter judgment in her favor and against Plaintiffs, Stephen Norford and Gail Norford of their total amount of $6042.00 plus other costs, which is highway robbery. They have not been exactly forthcoming and truthful in their statements. Respectfully, 64wro Se Robin Adams THIS LEASE AGREEA -7-2 T - 1-fl 7s RESIDENTIAL this L day „..c o2o 0 Y .by & between her after called, "LANDLORD" and hereinafter called "TENANT". In consideration of the rents and covenants hereinafter set forth and contained on the part of the Tenant to be paid, performed and observed the Landlord does hereby lease unto th e Tenant, the premises hereinafter described under the conditions set forth herein. 1. TERM: The term of this lease shall be for a period of months, beginning on the /S' day of wJ and terminating on the / -r?" day of 0 c. cs ..2ao t' fora of At the expiration of this lease a month-tomonth tenancy will remain in effect'until termination. ; Landlord acknowledges receipt of _ Aj 0400 to cover rent for the period &2 i?', alco Y to d c. 'brier' .s?/ 'key 2. PREMISES: The landfondfdbes hereby y lease unto the Tenant the residential premises located at The said premises is to be used as living quarters for residence of said named Lessees, being _ / adults and children, and for no other purpose whatsoever. No other persons shall occupy the premises with Lessee, unless,written consent is received from Lessor. If this occurs and written consent is received from Lessor an additional chargo will be incurred at that time. 3. RENTS: Tenant shall pay to Landlord as rent for the above-described premises, a monthly rent due on the first day of each month, the sum of FAQ, io + 0-21"Da . If the rent is paid and received by landlord before the of the month it will be discounted to ed. c Oa if the rent is received and/or postmarked after the (5th) fifth day of the month 'a late charge of ,+t ° e Per day will be added to the rent charge, starting with the day the when the rent was due. 'If the rent is paid by check and said check is returned for any reason, all further rents must be paid by cash, certified check or money order. Rent for iny month witha retumed check wil not be considered paid until said check is made good and funds collectible, The rent shall be paid to o cam- -- /.f' ,71j P?3 7/:i' - ?? f 4. SECURITY D SIT: Tenant shall be required to provide the Landlord at the beginning of the term of this lease the sum of 00 0 .. 0-0 as securit? to cover damages, cleaning, including carpet cleaning, repair or replacement if deemed necessary, and to insure the performance of this lease. Upon expiration of the term of his lease the Landlord shall inspect the premises to determine damage, if any, following the removal of the Tenant and renant's possessions from the property. Any damage to the leased area, or any repairs necessitated as a result of the Tenant's use of the leased area shall be done by the Landlord at the expense of the Tenant and deducted from the iecurity deposit: The Landlord shall account to the Tenant for xhe unused portion of the security deposit within thirty 30) days following the expiration of the term of the lease, whether it be annual or month-to-month. The security deposit may not be applied or used as payment of the last month's rent; 5. ALTERATIONS: Tenant agrees not to make any alterations, additions improvements or other changes to any )art of the premises or its facilities without the express written consent of the Landlord. 6. INDEMNIFICATION: Tenant shall indemnify and save] harmless from any liability imposed upon Landlord .adjudicated or otherwise by virtue of any personal injury or property damage arising from any use of the premises by the Tenant, their agents and invitees, including court costs. 7. INSURANCE: The Landlord shall insure the structure v ithin which the Leased Premises is located for. fire and wended coverage. Tenant shall insure Tenant's personal prop rty in or about the Leased Premises. 8. REPAIRS: Landlord agrees and covenants to be responsible for all repairs to the exterior of the premises and ?lso agrees to be responsible for all repairs to the interior of the remises including the heating facilities and maintenance and repairs of the appliances which are now located on the leas?d premises. However, in the event that such repairs are iecessarily due to the acts of the Tenant or their agents, then such repairs shall be performed at the expense of the tenant. 9. ASSIGNMENT. The.tenant covenants and agrees not to,, assign, sublet or transfer the interest in'the premises to uiy other party. 10. UTILITIES: Tenant will be responsible for the payment of all utilities furnished to the premises except 11. ACCESS BY LANDLORD: Tenant agrees to permitl, Landlord to enter upon said premises at all reasonable timed to inspect, repair, maintain or to show the property to wty prospective buyer, loan or insurance agent and in the event either party has given notice of termination, to show the premises to prospective tenants. 12. SURRENDER OF THE PREMISES: The Tenant covenants with the Landlord that the Tenant has received the premises in good order and condition and at the expiration of this lease, Tenant will yield said premises in as good condition as when the same was rented by the Tenant, with th exception of any damage caused by riots, fire, flood, incendiarism, acts of God or the public enemy, the elements, grdinary wear and tear and other causes beyond the Tenant's control. However, the Tenant shall be liable for any. repairs resulting from acts of the Tenant, their agents, servants or employees or any other person upon the said premises at the invitation of the Tenant. 13. NOISE: Tenant agrees not to use said premises for any unlawful or immoral; purpose, nor to play any musical instrument, radio, television after 1 I P.M. loud enough to be )heard by other tenants or neighbors. 14. TRASHIWASTE: Tenant agrees to permit no waste on the premises. Tenant shall keep the leased area of the premises free and clear of any type of refuse, junk or other debris. All trash and refuse shall be stored outside the leased area in appropriate trash containers which are provided by th4 tenant. Tenant agrees to abide by the recycling guidelines set forth bythe local municipality. If recycling containers are lost or misplaced upon termination of this lease, the Tenant must incur the expense to replace it. All trash must be placed in plastic trash bags before being place in containers. one: p, 15. PETS: Tenant agrees that there shall by r other animals either domestic or otherwise, including parrots or birds, kept on the premises. Tenant further agrees pot to temporarily care for pets belonging to other people. 16. SALE: The Landlord herein shall have the right to seal the property at any time to any third party without giving notice to the Tenant. This agreement , shall at the option of *0 new owner, be null and void (30) thirty days after Notice of Sale has been issued to the Tenant. 17. USE: Tenant agrees that the premises shall be used only for single family private dwelling for the immediate family only of adults and -C" childrens. 18. EXPIRATION: Both parties hereby agree that either` party hereto may terminate this lease at the end of the said term by giving the other party written notice thereof at least shirty (30) days prior thereto, but in default of such notice, this lease shall continue upon the same terms 4nd conditions Is herein contained for a further period on a-monthto- month'and so on. It is the intention hereof that if the original term shall be renewed or extended under the terms hereinabove provided such renewal or extension shall be mon?hto- month. 19. DEFAULT: Upon the occurrence of any default, such as a failure to pay installment of rent when due, failure to perform any terms or conditions of this lease, abandonment by Tenant of the Leased Premises , or insolvency of the Tenant, this lease shall be deemed to have been breached and:Vhereupon by that fact itself and without entry or other action by the Landlord. A. At the option of the Landlord the rent for the remainder of the term of this lease shall immediately become due and payable. B. At the option of the Landlord this lease and the term created hereby, as well as, all the right, title and interest of Tenant hereunder shall cease and become absolutely void without any right on the part of the Tenant to save the forfeiture by payment of any sum or by performance of any t rm, covenant or condition broken or defaulted, and the Landlord shall be entitled to recover damages for such event pf default in the amount equal to the amount of rent and other charges reserved for the balance of the term hereof, less the fair market value of the leased premises for the balance thereof. C. At the option of the Landlord, he may lease the demised premises or any part or parts thereof the such person or persons as may, in Landlord's discretion seem best without aftbCting Tenant `s liability for any loss of rent for the balance of the term. D. Tenant shall pay to landlord on demand , all of thedlord's costs, charges and expenses including without limitation the reasonable fees of counsel, agents or others ret#ined by Landlord for the enforecenhent of Tenant's covenants under this lease: 20. WAIVER OF NOTICE: Tenant hereby waives all rights to legal whenever provided by statute or common law and agrees that ten (10) days notice of any proceedings to recover possessions in the event of default at any time shall be sufficient. 21. SMOKE DETECTORS: Tenant shall be responsiblelfor testing all fire warning devices such as smoke detectors and fire alarms within the leased premises and., shall notify. Landlord if any fire warning device is not functional. Tenant is responsible for replacement of batteries in' smoke detectors 22. USE OF ILLEGAL DRUGS: The occurrence of an? of the following constitutes a default under this lease and shall subject the Tenant to all remedies allowed by law or byithis for default: A. `the conviction of the Tenant or any other occupant o?the leased premises for the illegal sale or distribution of any drug in violation of the "Ihe Controlled Substance, Drug, Device'and Cosmetic Act, "or any other substances upon any portion of the leased premises o upon the land or building containing the leased premises. B. Any violation by the Tenant or by any other occupant of the leased premises of any of the provisions of the "Controlled Substance, Drug, Device and Cosmeti6 Act" or any other law governing illegal drugs. C. The application made by the Tenant or any other occ?pant of the leased premises, or acceptance of any such person in the "Probation Without Verdict" program, the "Accelerated Rehabilitative Disposition" program or any similar program related to a drug violation or offenset D. The seizure by law enforcement officials of any illegal drugs on the leased premises. IN WITNESS WHEREOF, the parties hereto have ex"ed this lease contract this day and year first above written, intending to be legally bound thereby: 4u- OY p-;17 Jtr Oct A;J 0V Sff aV-D 0 -7-0 7 f t IMPORTANT NOTICE THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS. AND DUTIES AS A TENANT.' SPECIFIC QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES. SHOULD BE REFERRED TO IAN ATTORNEY. DO NOT. SIGN THIS RESIDENTIAL LEASE UNLESS. YOU HA,?IE READ AND CLEARLY UNDERSTAND THE INFORMATION.ON THIS PAGE. As Tenant, you violate the terms and conditions of this Residential Lease if you: 1). Fail to make timely payment of rent or other charges to the Landlord. Or, 2) vacate the Leased Premises without the Landlord's consent prior'to the end of the lease term. or, 3)' Fail to vacate the Leased Premises at the end of the lease term. Or, 4) Fai?ltosformrany of the obligations i4ctuded in the lease, rules and regulations, the riders or 5) violate any Rules or Regulations which ;re made a part of the Residential Lease. Paragraph 16 includes a waiver of "Notice to Quit". When "Notice to Quit" is waived, if you violate the Residentiial Lease, the Landlord has the immediate right to file a complaint in Court seeing an order evicting you from the Leased. Premises. The Landlord DOES NOT ha the right to bring an action in Court seeking your eviction unless you hav violated your obligations as a Tenant. Eventthough you are waiving "Notice toQuit", you will still have an opportunity :in-Court to contest the validity of the Landlord's claim for eviction. If you violate the terms and conditions of the Residential Lease, the Landlord has the right to seek the following remedies against you in Court: 1) A Judgment for vtrdue rent, late charge31and monetary damages caused by your violation of the lease terms and coed tions. 2) An Order for Recovery of Possession thrqugh an eviction action. 3) A Judgment foP n id rent for the balance of the Lease term or until another person takes possession of t?Leased Premises as a new Tenant. IF THERE IS MRE THAN ONE TENANT SIGN G THIS RESIDENTIAL LEASE, THE TENANTS ARE JOINTLY AND SEVERALLY LIABLE FOR TEE PE?tFORIdANCE OF ALL TENANT OBLIGATIONS. THIS xims THAT THE LANDLORD HAS THE RIGHT 1;0 SUE ANY ONE TENANT OR ALL OF THE TENANTS FOR.VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF_rTHE RENT. AC 0WLEDGEMENT: I, THE UNDERSIGNED 'TEN ANT ), HAVE READ AND UNDERSTAND TH ABOVE DISCLOSURE. TENANT TENANT 11. ACCESS BY LANDLORD: Tenant agrees to permit Landlord to enter upon said premises at all reasonable timed to inspect, repair, maintain or to show the property to aity prospective buyer, loan or insurance agent and in the event either party has given notice of termination, to show the premises to prospective tenants. 12. SURRENDER OF THE PREMISES: The Tenant covenants with the Landlord that the Tenant has received the premises in good order and condition and at the expiration of This lease, Tenant will yield said premises in as good condition as when the same was rented by the Tenant, with th? exception of any damage caused by riots, fire, flood, incendiarism, acts of God or the public enemy, the elements, ordinary wear and tear and other causes beyond the Tenant's control. However, the Tenant shall be liable for any, repairs resulting from acts of the Tenant, their agents, servants or employees or any other person upon the said premises at the invitation of the Tenant. 13. NOISE: Tenant agrees not to use said premises for adny unlawful or immoral; purpose, nor to play any musical instrument, radio, television after 11 P.M. loud enough to be eard by other tenants or neighbors. 14. TRASHIWASTE: Tenant agrees to permit no waste on the premises. Tenant shall keep the leased area of the premises free and clear of any type of refuse, junk or other debris. All trash and refuse shall be stored outside the leased area in appropriate trash containers which are provided by th4 tenant. Tenant agrees to abide by the recycling guidelines set forth by-the local municipality. If recycling c ou tainers are lost or misplaced upon termination of this lease, the Tenant must incur the expense to replace it. All trash must be placed in plastic trash bags before being place in containers. o nr p, 15. PETS: Tenant agrees that there shall by t other animals either domestic or otherwise, including parrots or birds, kept on the premises. Tenant further agrees pot to temporarily care for pets belonging to other people. 16. SALE: The Landlord herein shall have the right to sell the property at any time to any third party without giving notice to the Tenant. This agreement, shall at the option of 0e, new owner, be null and void (30) thirty days after Notice of Sale has been issued to the Tenant. 17. USE: Tenant agrees that the premises shall be used only for single family private dwelling for the immediate family only of ---E- adults and childrens. 18. EXPIRATION: Both parties hereby agree that eithei party hereto may terminate this lease at the end of the said term by giving the other party written notice thereof at least thirty (30) days prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions Is herein contained for a further period on a-monthto- month' and so on. It is the intention hereof that if the original term shall be renewed or extended under the terms hereinabove provided such renewal or extension shall be mon to- month. 19: DEFAULT: Upon the occurrence of any default, su as a failure to pay installment of rent when due, failure to perform any terms or conditions of this lease, aban6nrnent by Tenant of the Leased Premises , or insolvency of the Tenant, this lease shall be deemed to have been breached and'thereupon by that fact itself and without entry or other action by the Landlord. A. At the option of the Landlord the rent for the remainder of the term of this lease shall immediately become due and payable. B. At the option of the Landlord this lease and the terra created hereby, as well as, all the right, title and interest of Tenant hereunder shall cease and become absolutely void wit out any right on the part of the Tenant to save the .forfeiture by payment of any sum or by performance of any term, covenant or condition broken or defaulted, and the Landlord shall be entitled to recover damages for such event pf default in the amount equal to the amount of rent and other charges reserved for the balance of the tern hereof, less the fair market value of the leased premises for the. balance thereof. C. At the option of the Landlord, he may lease the demised premises or any part or parts thereof the such person or persons as may, in Landlord's discretion seem best without afecting Tenant's liability for any loss of rent for the balance of the term. D. Tenant shall pay to Landlord on demand , all of the Landlord's costs, charges and expenses including without limitation the reasonable fees of counsel, agents or others ret red, by Landlord for the enforecemerrt of Tenant's covenants under this lease: 20. WAIVER OF NOTICE: Tenant hereby waives all rights to legal whenever provided by statute or common law and agrees that ten (10) days notice of any proceedings to recover possessions in the event of default at any time shall be sufficient. 2l. SMOKE DETECTORS: Tenant shall be responsiblelfor testing all fire warning devices such as smoke detectors and fire alarms within the leased premises and_ shall notify. Landlord if any fire warning device is not functional. Tenant is responsible for replacement of batteries in smoke detector% 22. USE OF ILLEGAL DRUGS: The occurrence of an? of the following constitutes a default under this lease and shall subject the Tenant to all remedies allowed by law or bythis for default: A. The conviction ofthe Tenant or any other occupant 4the leased premises for the illegal sale or distribution of any drug in violation of the `The Controlled Substance, Drug, Device'and Cosmetic Act, ' or any other substances upon any portion of the leased premises or upon the land or building containing the leased premises. B. Any violation by the Tenant or by any other occupant of the leased premises of any of the provisions of the "Controlled Substance, Drug, Device and Cosmeti6 Act" or any other law governing illegal drugs. C. The application made by the Tenant or any other occ?pant of the leased premises, or acceptance person in the "Probatiat Without Verdict"Pr of any such similar ogram, the "Accelerated Rehabilitative Disposition" program or any program related to a drug violation or offenset D. The seizure by law enforcement officials of any illegal drugs on the leased premises. IN WITNESS WHEREOF, the parties hereto have executed this lease contract this day and year first above written, intending to be legally bound thereby, A-C ?? ., - yap d mot- ?,? OV) 3V,7 Oct S d_J%a 0 -7-0 / Inbox Message List _. , way No banners. No pop-ups. No kidding.}- _? Mail << Hide Folders Addresses Page I of 2 page took o.ss seconds . home a e memail Search Need Gift Ideas?Visit our -Gift Sho;W Calendar Notepad robinadams@myway.com sign out q/Check Messages ®Compose Message I®?_?®® Search Email Advanced Search Folders [ Inbox < Prev_ Next > Back to Inbox h ] Drafts Reply Reply All Delete Forward As Attachment Sent 3K Message is not flagged. [ Flag for Follow Up ] Trash (Empty) Message has been replied to in the past. CRI Bulk Mail (Empty) Date: Mon 19 Feb 2007 09:43:01 AM EST My Folders edit From: <aredjerseygid@comcast.net> t Computer [ Add to Address Book I Block Address I Report as Steam [ FINANCE To: <robinadams@myway.com> 0 RECIPES Subject: Fw: due rents School Spam Tools info ____' Original Message ----- From: aredjqrWygJrl@comcast.net Spam Filter Level: To: robinadams@mywax.com High i Sent: Thursday, February 15, 2007 12:51 PM My Block List Subject: due rents Image Filter Dear Robin, Custom Filters Just a follow -up to my message last nite. Rents Due : Services: • Send Invitations Sept.-$800.00 • Send an Ecard Oct.- $800.00 Nov.- $800.00 Links Womens Gifts - Wide Vari O%Top Quality Gifts, Free Personalization With Purchase! www.Personalization Mall. c Gift Pens - Distinctive, g bead pens in beautiful c< magiapens.com Feb.- $800.00 S$T- $102.85 POP Accounts I Mail Preferences I Help Print View Full Header Move to Folder J Total- $3,302.00 Let me know what your plans are for this total. Also let me know if u come up with a different amt. Thanks, Gail Reply Reply All Delete Forward As Attachment Move to Folder < Prev Next > Back to Inbox it :Ly-?`b rL18 http://elO.email.myway.com/msg read.php?m=0&s=801&d=1&mid=13624&s1=O&Arc1ST=4er.odnRRPht SA Si1aionm Kent Message List No sa-mers. No pup-ups- No kidding.- 'rPe:evcawc my .3 g.JdY1B 0 VCli9 I - "I L, Page 1 0.64 Searc X Message is not flagged. [ Flag for Follow Up ] Date: Mon 19 Feb 2007 10:34:41 AM EST From: Robin <robinadams@myway.com> ayit I _ I ! ] To: <aredjerseygirl@comcast.net> Subject: RE: Fw: due rents robinadams@myway.com sign I I _J t'i?t? ?IASMJ F16ii F-1 Cy?K Gail, Thank, just a note to say that I received this. I will not have time today to figure this out. I will work on i tomorrow and write back. I will be totally out by Saturday, and the house will be cleaned as well. I will call you and set up a firm time on Saturday or Sunday, whatever will suit your schedule. Just let me know. thank you Gail! Robin • No banners. No pop-ups. No kidding. Make My Way your home on the Web http://elO.email.myway.cornlmsg_read.php?m=2&s=1&d=l&mid=436&sl=0&ArdSI=4cc2dO88eb].5afhFf 5/14/1)(1 gent Message List Na oannofs. Nu pup-ups- No kidding.>^ I't 1?4PIV C~no?#s?rc - - . n!?! L L L„ 0.53 Page 1 of 2 Search . robinadams@myway.com sign out I I X Message is not flagged. [ Flag for Follow Up ] Date: Tue 20 Feb 2007 03:30:45 PM EST From: Robin <robinadams@myway.com> To: <aredjerseygirl@comcast.net> Subject: RE: Fw: due rents Gail, 41f') called the utility companies and will be disconnecting on Friday, 23 Feb 07. Robin No banners. No pop-ups. No kidding. Make My Way your home on the Web - n ! - f „ http://el O.email.myway.comlmsg_read.php?m=2&s=1 &d=l &mid=437&sl=0&ArdSI=4cc2dO88ebl 5a6b6f .. 5/14/2007 1 1 Lit-, wc-;;kL J-- jla-ale- 1 Q ??LI i j Gl /f cw-s c,, p? e? ? -3 2 S2?- Il 01VA-4 "i l 1 a' - h ? C3 CO), z e Q,4 o>-- )b 74- 467?--A- jr e-, n 9 7 S' , g Page: 2 Enclosures: 10 Statement Date: 10/10/2006 Account Number: 203004041 CYCLE-010 ROBIN A ADAMS 325 9TH STREET NEW CUMBERLAND PA 17070 • • Account Transactions DATE DESCRIPTION DEBITS CREDITS 09/25 WTHDRL DDA 7403 09/25 11:15 20.00 INTEGRITY BANK N CUMBERLAND PA 09/25 WTHDRL DDA 7268 09/22 16:47 50.00 INTEGRITY BANK N CUMBERLAND PA 09/25 WTHDRL DDA 7337 09/23 17:23 80.00 INTEGRITY BANK N CUMBERLAND PA 09/25 WTHDRL DDA 7252 09/22 14:35 400.00 INTEGRITY BANK N CUMBERLAND PA 09/25 POS DEBIT 09/24 SOU GIANT 6.35 FOOD STOR16182NEW CUMBERLAN PA 09/25 POS DEBIT 09/22 SOU GIANT 36.47 FOOD STOR83228MIDDLETOWN PA 09/25 POS DEBIT 09/24 SOU GIANT 63.80 FOOD STOR5623ONEW CUMBERLAN PA 09/25 CKCD DEBIT 09/23 TURKEY HIL 5.50 L #0187 Q69 NEW CUMBERLAN PA 09/26 POS DEBIT 09/25 SOU GIANT 36.84 FOOD STOR56012NEW CUMBERLAN PA 09/26 CKCD DEBIT 09/24 GIANT FOOD 35.01 S GAS #253 NEW CUMBERLAN PA 09/27 AC-DFAS-CO-F -TRAVEL PAY 98.00 NTE*SET*061016*DOV*454899*NET* 09/27 WTHDRL DDA 7450 09/27 06:46 30.00 INTEGRITY BANK N CUMBERLAND PA 09/27 CKCD DEBIT 09/25 SMOKER'S 9.24 EXPRESS #1404 NEW CUMBERLAN PA 09/28 POS DEBIT 09/27 26.63 WEIS MARKETS #125 CAMP HILL PA 09/28 CKCD DEBIT 09/26 SMOKER'S 8.74 EXPRESS #1404 NEW CUMBERLAN PA 09/29 WTHDRL DDA 7535 09/28 17:47 20.00 INTEGRITY BANK N CUMBERLAND PA 10/02 RETURNED CHECK # 00000586 9.73 10/02 RETURNED CHECK # 00000587 16.85 10/02 AC-ECKERD/BROOKS -REDEPCHECK 9.73 NUMBER 0000000586 10/02 AC-ECKERD/BROOKS -REDEPCHECK 16.85 p NUMBER 0000000587 10/02 CKCD DEBIT 09/30 4.21 HESS 38419 LEMOYNE PA 10/03 NSF FEE 58.00 10/06 AC-DFAS-CLEVELAND -FED SALARY 929 gg 10/06 OVERDRAFT FEE 58.00 10/06 WTHDRL DDA 7978 10/06 05:58 50.00 INTEGRITY BANK N CUMBERLAND PA 10/10 WTHDRL DDA 8107 10/08 14:13 40.00 INTEGRITY BANK N CUMBERLAND PA 10/10 WTHDRL DDA 1286 10/07 11:44 41.75 MEMBERS 1ST FCU NEW CUMBERL PA 10/10 POS DEBIT 10/07 10.45 MCDONALD'S F451 CAMP HILL PA 10/10 POS DEBIT 10/09 SOU GIANT 15.89 FOOD STOR86014NEW CUMBERLAN PA ?? It Page: 4 Enclosures: 13 Statement Date: 09/10/2006 Account Number: 203004041 CYCLE-010 ROBIN A ADAMS 325 9TH STREET NEW CUMBERLAND PA 17070 • Check Tran sactions SERIAL DATE AMOUNT SERIAL DATE AMOUNT 08/29 35.00 616* 08/17 152.37 08/29 35.00 617 08/17 34.55 581* 09/06 128.36 628* '08/11 2,600.00 582 09/07 22.30 631* 08/17 160.00 584* 09/08 8.00 631 08/23 160.00 612* 08/17 76.00 632 08/30 10.00 614* 08/15 30.00 • Balance By Date 08/10 112.60- 08/11 3 ,179.70 08/14 938.25 08/15 213.69 08/16 451.76 08/17 129.07 08/18 18.29 08/21 143.76 08/22 113.76 08/23 55.49 08/24 26.49 08/25 765.91 08/28 357.78 08/29 287.78 08/30 259.83 08/31 209.20 09/01 135.60 09/05 30.68 09/06 5.32- 09/07 34.32- 09/08 648.17 r PA 17070 08/28/2006 M aew CPA Security Systems THIRTY-PIPS `•)*)35.00 ITrmrTT ass -and 00/100 Dollars 00"1114. M. you . . Ipri Metmri.0 COpok Tke a.eapOKaf a)e.a K/07/K riy' itWla® .RCIpT510YI]-pK ri K. pY ypnr dpm3tp. rY OMKtlaaM, 611 )aa-rK-paK 1403L3L87871: 020300NOr.lr 3 08/29/2006 $35.00 PA 17070 08/28/2006 Miser .ar.n CPA security systems I THIPTy-PIPQ ***..35.001 -- -and 00/100 D011ars 0"--- M M I dpwR111... 17011 Ipr. M.t.epy 01xk2't? AwrMa .Wo... ONoT/K qi.? tbul M Imes arpp.rcpr J aos-) i 1:03 t3 1878 7,: 0 20 300 r.O t. I.- all K-oxs ,+00000035001 rA)M M A ADM86 ?. ="• 581 XMINNISMIT gNLWGUMBEPKAmk'A TMaa j/e ? fi1?B1` ? • Ldn?? ?? ll/0 ?? e ?;.k1 C03L318787K a 20300r.03iir058i 100000L283L1 09/06/2006 581 $128.3 aOWA ADAM18 M'e.wersa ,M > 582 I=r a ?0i 3 1878 7r,. 0 203001.01.1,0 58 2 -0000066? 2 301 09/07/2006 582 $22.30 PAM A ADAM =M 584 fflnw 1mwmMawaMD,M 170/0 WISISM 1Q.?e ? S?BBP ? z OiA ? $ (?- I I ? J Q p oe.waMawn r,0313LB787C' 020300404Lr058r. M .+...?. ?C•':O?+IL»A.i?*Tr1GO w--OO_?.:raQ*c.a..m __ _ -..? 09/08/2006 584 $8.00 M AAAAD?AM 1wr0Uimmapmm limp 612 612 wu 0 (o Fur a o? $ Xog( ?? Y1M4.11 FS!- 1:O3L3L8787T: 02030040r.Lrpgi2 10000007600/ 08/17/2006 612 $76.1 Account Number: 203004041 Page: 5 MAW. sws..oM Trips 614 0 I"= MI -as ? 4).A+-?j r ? 4 T LO •• ? a ?mtMVl ((J ?J S_ ? ?C r:0 3 i 3- °- ca 38 48 7r: , wr 6,.?a - O 20 L 132-160' W11969. lmnnnn ar„a., 08 stMar 5642881 a.ara 611 MMwriam OiFA 1mm 1251257 Pse.ICPR nsu TislOalM° T errYr.yrrrrwrr.r na..nrarAa.rrPmM.aer ? Marmifammear ?er.fsw Tl..?p.r AAYTMSWOF- PMMNR U.S. DOUARS MIM riE18MARKE 0 TS668 s+MOa?+cAr?w.r/O:? °ir)wmnrm? a °t LCtFNMC880R0, PA 17060 rinaroM 08/17/2006 616 $152.37 Aup d %,20W smear HO" 5642882 n a,s SIT MtT0UNIMILAM PA INN PgnaMM 1251258 rowasT tevant r>¢!dr A7lD7t pieM wrrr. rrr?? rrrw.r 8? . rrs+rr??r)srMMr?w..rMr PAYTKB8V8r OF® U.S. DOLLARS ?'? Moa.)armmmYmp Tent YMSMARKE15#126 r...+ r.wrr?r.arrrrww.s aa6er •••••••• ••• 11061LYYn,ER R0 a00000C19r CD333 H7a 7C 0/0300,.043+ 100000031.66/ 08/17/2006 617 $34.55 OAYB // ' 628 >KMROBDi A.A A r aveanaesoan, M TIM /- 0 Was ?YJa'rn6.(,LLl.(?? ? ..I? , ?._.. a C• Pi &AAt-1, ,:031318787. 0203001604Lr0L28 08/11/2006 628 $2,600.00 ..wde9?iioMat airar..a „• A4M1M706a.- ': N.r?di.awMM4M17p0 sMtMwn ors PPl UIwIMS 3 .::1tlOD .` •Oa HMdrp0 51st, ;ae'0/100 • . _ ?MKrsA')o3YTeiMO?? •~. - -P000L3ir C03 43 Y787C 02030016016 3M 100000 iL0001 08/17/2006 631 3160.00 0.)6.0014. ou33ia661 ! 741. L.Y. TM?rer mr.1M 11 ?' :, r?alir ? wry. ? . 1.?K6mw. I N TaMa ML)I6M-A M6T I6..ICIIa7 I6a)S 0y am) MM T?1 oQ 't1"asea IO?I?I w00063M 1.C03M87A7C ato 3004,01. &V 1000003L0013r 08/23/2006 631 4160.00 zage Check # 707 ROBIN A. ADAMS 20070116 W2048496 2049496 3259 HSTREEr 01 044 0020 707, NEW CUMBERLAND, PA 97070 i3 y? /1 ? V Z .? v $ .sDO.? 1:23&3825551: 000©867?210* 0707 1''0000050000,'' ewvaw iow j >352000113< R1.1207 IT-&s - BHA K BAL TIAG ll t EASH03130 P26 5708511134 8264 Print Close v https://images.midatiantiecorporate.org/image/Checkimage_w.asp Page 1 of 1 5/.5/2007 nage Page 1 of 1 Check # 705 ROBIN A. ADAMS 325 9TH STREET ??? NEW CUMBERLAND. PA 77670 sp 82505 all ?_?? C?LLY old- s 540.= L?..F Ytd.LL'[1??5{1?L(L?R0L 0810. 0-1 $,."1 TV aiwct?cnac t?hatnrwu?xu?rn?-lov : ?'L*C'Y +_? i Uc%C~. tkrA IVv 3: 2 3 38 2 5 5 5O: 000086 7 7 2 in' 0 70 5 ,000OU0 SOUOD of a?ma,an tix? • i &T A ? ? t ? •. rr EASV0112'91 Ft S t ?4 ? ?3 Print Close T IMOR? r c? I h4s://images.midatlanticcorporate.org/image/checkimage_w.asp S/ls/,?nm mage Check # 704 ROSIN A. ADAMS 3'259THSTREET 20061211. i? 33 !(?ti i?Si] 704 NEW CUMB=RIJWD.PA 17070 i? j I?Si3 l:f?,: f) 506255.'23t? 6fi11NC117 I?G' 6 toll ... r /tYC?K K. i 75 L Osf ?? C.: L,:. ? r •J'7'+? 4 C_?i'?-?_}' 4??YrrZ_r-+1r-'7 •.: ' 1 C.1. L. .F• .•j w?i {f{ 713+ ?YR'??F ifA\':117T.TAti.CW]?IY l +1t W + Iti?ttr_terL+?lfit I7hG -1:_2.343H-2-5.55j._.-D 00013.6r? 7 2Lt-030_ LaD00o 2 5000,1 E?11L.SNOLRIW P26 - 634 7 3 LL 5; iW?rvv-tip } 869a .Print Close h4s://images.midatlanticcorporate.org/image/checkimage_w.asp r Page 1 of 1 5/50.007 q7vv? MID-ATLANTIC CORPORATE Federal Credit Union PAY TO THE ORDER OF PAYABLE THROUGH MID-ATLANTIC CORPORATE FEDERAL CREDIT UNION 1201 FULLING MILL RD. - MIDDLETOWN, PA 17057 (800) 622-7494 2313 60-8755 2313 19302. (SERrL# ( NOT VALID 90 DAYS t meMIS- SUE ??1.. ? ? t SIGNATU E OF REMITTER CITY 8 STATE It r to COMMONWEALTH OF PENNSYLVANIA t :nI INTY r)P- CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOM M COMMONS -SUITE 3 NEW CUMBERLAND, PA 17070 Telephone: (717 ) 774-5989 Filing Costs $ r SC Postage $ fit, _,;-D Service Costs $.zo •C'0 Constable Ed. $ S to, Total $ • r_-n IA&I 07 Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. LANDLORD AND PLAINTIFF: TENANT COMPLAINT NAME dADDRASS CQ of uc?vvuz Rk IVILk'13 CAXV-00CO )-1 L PHONE ; xl -7 L} --1 i l FAX L s. 71 - oa DEFENDANT: NAME and ADORE O). lill1llIll?R1 CV(Wo n-1q4) Cunnberl r? 1-7VTD Q 171D1L PHONEt J Docket No.:tr, j = /.?/ (? Date Filed: TO THE DEFENDANT: The above named plaintiff (s) asks judgment together with costs against you for the possession of real property and for: Lease is?Residential F-1 Nonresidential. Damages for injury to the real property, to wit:_ in the amount of: $ Damages for the unjust detention of the real property in the amount of $ LCI Rent remaining due and unpaid on filing date in the amount of pd 14 $ t?3a, And additional rent remaining due and unpaid on hearing date $ Attorney fees in the amount of $ THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ 1. The location and the address, if any, of the real property is: 2. The plaintiff is the landlord of that property. ?.QS Itu 1707a 3. He leased or rented the property to you or to 4. 0 Notice to quit was given in accordance with law, or 0 No notice is required under the terms of the lease. S. The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: under whom you claim. or, -11,70 Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. Iiikr?C verify that the facts set forth in this complaint are true and correct to the best of my nowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relating to unsworn fa ific t'on to auth ti ign ture o I tiff) (Plaintiff's Attorney) (Address) (Phone) IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, _please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. OPC 31 OA-05 Remarks and summary of testimony may be recorded on reverse side. ICA V??. y, ? ? r f?bin ?? nl v? Carts 1707 0 s- 1?,1? cle? 1Cµ -m Dv; n 7?,52? - C2.e?Y 6?11 minc?. I?1 ?e - - ? ? ? ' `? ? a nro mow ?mc5 r ?.? "? ='? d -- ?. _ ? -• _ t-l ? ? _ ? ,_ ? .? C j, .__ ?_ 1'? e? YM _ `w7 .. ?.. V+ "C REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: TwilliamsLa)ReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rjoyce a)ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, Plaintiffs V. ROBIN ADAMS, Defendant To: Robin Adams P.O. Box 182 New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-2780 CIVIL - LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PLAINTIFFS' NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: July 3, 2007 Thomag O. Williams, Esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliam.s(a-,ReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rjo (c) ,ReagerAdlerPC.com. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.: 07-2780 ROBIN ADAMS, Defendant CIVIL - LAW PLAINTIFFS' ANSWER WITH NEW MATTER TO DEFENDANT'S COUNTERCLAIM AND NOW, come Plaintiffs Stephen Norford and Gail Norford, by and through their attorneys Reager & Adler, PC, and submit their Answer With New Matter to the Counterclaim of Defendant, Robin Adams, and in support thereof aver the following: 9. Denied. It is denied that any of the charges set forth in the Complaint are bogus or invalid or unjustified in any way. By way of further answer, all charges set forth in the Complaint are documented and are authorized by the Lease Agreement between the Parties. 10. Denied. It is denied that the alleged chandelier and/or the perennials have more than a nominal value, and do not have the value alleged by the Defendant. By way of further answer, to the extent that the Defendant planted perennials around the Leased Premises, such perennials, as permanent plantings, have become part of the realty of the Plaintiffs. With respect to the chandelier, the Plaintiffs advised the Defendant that she could come to the Property to retrieve the chandelier as soon as she paid the back rent due. Defendant has failed and refused to pay all back rent due and other charges as set forth in the Complaint which is herein incorporated by reference. 11. Denied. It is specifically denied that there were excessive electricity or gas bills which the Defendant did not agree to pay in the Lease Agreement between the Parties. To the extent that the Defendant alleges that her brother used some of the electricity, said allegation is denied as Plaintiffs do not have sufficient information to admit or deny whether the Defendant's brother used any of the electricity, the amount of the electricity allegedly used, and the alleged cost therefore. By way of further answer, Defendant permitted her brother to use the electricity, and at no time did the Plaintiffs involve themselves in any arrangement between the Defendant and her brother with respect to Defendant's brother's use of electricity. 12. Denied. By way of further answer, the Plaintiffs had the heating system fixed as soon as they were notified by Defendant that there was a problem. By way of further answer, it was the Defendant's choice to purchase and use a kerosene heater which would not have been necessary if the Defendant had promptly notified the Plaintiffs that there was an issue with the heating system. By way of further answer, the Defendant herself had the gas to the Leased Premises turned off, which caused a delay to the Plaintiffs' ability to make the necessary repairs. By way of further answer, the Defendant is not entitled to any set off or any amount for her alleged Counterclaim. WHEREFORE, Plaintiffs Stephen Norford and Gail Norford respectfully request this Honorable Court to enter judgment in their favor and against Defendant Robin Adams, in keeping with the Complaint filed in this matter, and further dismissing Defendant's Counterclaim, with prejudice. NEW MATTER 13. The Plaintiffs incorporate herein by reference their Complaint as if set forth fully herein. 14. Defendant's Counterclaim fails to state a claim upon which relief may be granted. 15. To the extent that the Defendant has incurred any expenses or damages, such being expressly denied by the Plaintiffs, any and all such alleged expenses incurred or damages suffered were caused solely by the actions or inactions of the Defendant herself, and not due to any action or inaction on the part of the Plaintiffs. 16. Defendant's actions in breaching the Contract as set forth in the Complaint precludes any recovery by the Defendant on her Counterclaim. 17. Defendant has failed to mitigate any of her alleged damages. 18. Defendant's claims set forth in her Counterclaim are barred by the doctrines of waiver and estoppel. WHEREFORE, Plaintiffs Stephen Norford and Gail Norford respectfully request this Honorable Court to enter judgment in their favor and against Defendant Robin Adams in keeping with the Complaint filed in this matter, and further dismissing Defendant's Counterclaim, with prejudice. Respectfully submitted, REAGER & Al kER, P Date: July 3, 2007 ° ?- Thomas 0. i iams, Esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Stephen Norford, hereby verify that I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Ze 7 -y-'-"J Step en Norford VERIFICATION I, Gail Norford, hereby verify that I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: By: Gail Norford v CERTIFICATE OF SERVICE AND NOW, this 3Td day of July, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Robin Adams P.O. Box 182 New Cumberland, PA 17070 4...7 m F "- I -rJ i'T7 { ) ` rn c.n 10 WO REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams(a_DReaaerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rjoyceaa teaggAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, Plaintiffs ROBIN ADAMS, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 07-2780 CIVIL ACTION -LAW Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas O. Williams, counsel for the Plaintiffs, Stephen and Gail Norford, in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $6,042.00 (exclusive of attorney's fees and interest and late fees which continue to accrue). The total remains below the amount requiring arbitration. The counterclaim of the Defendant in the action is $1,392.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Thomas O. Williams, Esquire and Richard J. Joyce, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted.. REAGER & Date: August 24, 2007 Thon* O. Williams, Esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff r CERTIFICATE OF SERVICE AND NOW, this 24 h day of August, 2007, I hereby verify that I have caused a true and correct copy of the foregoing Petition For Appointment of Arbitrators to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Ms. Robin Adams Post Office Box 182 New Cumberland, PA 17070 Williams Yt i +Q O r r ?a _ _ 0 0 ra i d O Cy'7 STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, Plaintiffs V. ROBIN ADAMS, Defendant AND NOW, Petition, jo-)(44' . and 049. captioned action as prayed for. SEP 0 5 2007#4? : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 07-2780 CIVIL ACTION - LAW ORDER 2007, in consideration of the foregoing Oo , Esquire; 77144?a squire; Esquire, are appointed arbitrators in the above- By the z W?CA na? P.J. le 400 o, ROW 11H, 1 60 V "I 1 tlkl q-- cl]S L OfG hViC /V0 r Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. Qr7 - Z? Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and t onstitution of this Co wealth and that we will discharge the duties of our office Signature (/?J' //'1 D ? 1?(I (? i _ } 1 )i ( jj 4e mlr??d? y{?(i?,, 171e/L-L- ? / IVrc?u??5 L. l?f? e Name (Chairman) Name Name S(ZA-VW,t; ??SU1ll ?t l?G ?r tt.?? cQSSa fcs Law Firm T- Law Firm Law Firm '35Y Po&x109 r) 06 0,1o, ti, xnoverS?rtcT Address kc- , S? ?4c 1 Address Address CQy't(S Q 1-70/S-- l dv?. PA l`Tb?t? ?r1?S1e PA 170) 3 City, zip city, Zip city, Zip 4 Id?3o I N51 -+ m-54 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) A.IA-r& ? -Fnv,:I, yl a- 5-,132, ?0 Pl ui m4+ 4 --t-, Czf~N,--l ^l, D' -C?69 0,it yno!\J ea-Mef c4- A-t.zwr Q- -.-A-rbitratar, dissents. (Insert name if applicable. Date of Hearing: t ?? $ Date of Award: ( ZZ1c 9/0'? 13D? (Chairman) ?- Notice of n ry of Award Now, the 19+ik day of Leop-miwr,2007 , at P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350.OG By: rothonotary Deputy *`: `?? jam{ a?bin AdarMs` ,AINIII M6 hexed " Nor 4?,a Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0'7 - .2r7 O Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and onstitution of this Co wealth and that we will discharge the duties of our office ool Zle Signature ?+ i e5 T), 1--Jjmf-(AsSk 'Pvt rzmY 6,ad1c4 L. G i c Name (Chairman) Name Nam SAIZtAyAj 4y4eJ, P(- Law Firm 3APKaN 00- Address pvA , 5- -T _I- sy ? Law Firm Po&)( In Address Law Firm "?80. N e i Address C(5-Le VIN 1.701S.- ??. P4 l `7b'?? ; s 1 N? 76j3 City, zip city, Zip city, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed.), make the following award: (Note: If damages for delay are awarded, they shall be separately, stated.) CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 FILED-0;:FCCE THE p, 7 bNbTARY 2001 DEC 26 Pct ?+ Nt, %Se_ Robin Adams PO Box 182 New Cumberland, PA 17070 v?I ? f? ® Y? . 02 1A .4 Tj 0004631598 DEDE0 MAILED FROM ZIPCO e 7 , ?1,630 171 CE 1 25 12,+22/ NIXIE RETURN TO SENDER NOT DEUNAMLLEBTOO FORWARDESSEO 10119-06821-20- BC: 17013 • •"'°"• •'"-'? ' I??tllli)Illlfilll1111111?1? REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rjoyice@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs STEPHEN NORFORD and GAIL NORFORD, Husband and Wife, Plaintiffs, V. ROBIN ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-2780 CIVIL - LAW PRAECIPE TO ENTER JUDGMENT - ARBITRATION AWARD TO THE PROTHONOTARY: Please enter judgment against Defendant Robin Adams in the above-captioned matter pursuant to the Arbitration Award entered on December 19, 2007 in the amount of $5,132.20. Reager Date: January 23, 2008 Tomes O. William Esquire Attorneys for Plaintiffs entered morsuant to arbitration award. Dated: ( ;?? ," d 9 1 ao r •. STEPHEN NORFORD and IN THE COURT OF COMMON PLEAS GAIL NORFORD, CUMBERLAND COUNTY Husband and Wife, PENNSYLVANIA Plaintiffs, No. 07-2780 V. CIVIL - LAW ROBIN ADAMS, Defendant NOTICE To: Robin Adams P. O. Box 182 New Cumberland, PA 17070 Pursuant t Rul j3 o the Supreme Court of Pennsylvania, you are hereby notified that on , a Judgment by Arbitration was entered against you in the above-captioned proceeding in the amount of $5,132.20. Date: P onotary I hereby certify that the name and address of the proper person to receive this Notice is: Robin Adams, P. O. Box 182, New Cumberland, PA 17070 Robin Adams, Defendido/a Por este medio se le esta notificando que el 19 de Decembre del 2007, el/la siguient Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fallo $5,132.20. Fecha: Protonotario Certifico que la siguiente direccione es la del defendido/a segun indicada en el certificado de residencia: Robin Adams P. O. Box 182 New Cumberland, PA Abogado del Demandante r--) r J k? s W w _ o d ? 6'