HomeMy WebLinkAbout01-6170COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL INSTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ~ ~11~~l~'~
NOTICE OF APPEAL
Notice is gh~fl that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mentionod below.
Walter Johnson and Maeng Johnson
2108 CEDAR Run Dr., Apt. 106
10-18-01 he Baron Group
CV 19
LT 19.LT-582-01
This block will be s~gned ONLY when this notation is required under Po. R.C.P.J.P. N~
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
Charles A. Clement Jr
Camp Hill ~ 17011
~ Walter Johnson and ~aenq Johnson
~hilip Briqan~i
~arlisle PA 17013
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
' filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This sectio~ of fora3 to be u~ed ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in ~ction b~ore District Justice.
IF NOT USED, detach ~orn co~)y of notice of appeal to be sen/ed upon appellee).
PRAECIPE.' To I~rothanotory
rule upon The Baron Group
RULE: 'ro
The Baron Group
, appellee(s), to file a complaint in this upped
twenty (20) days aftra ..,~vice of rule ~ suffe~lntry of judgment of non pros.
(1) You are notified that a rule is hereby e~temd upon you to file a complaint in this af~peal within twenty (20) days after the date of
smvice of this rule upon you by peesanal service ~ by certified or registered mail
(2) If you do not file o complaint within this tima, a JUDOMENT OF NON PROS V~ILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is fie date of mailing.
£.
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxe~)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
[] a copy of the Notice of Appeal, Common P~eas No. _, upon the District Justice designated therein on
(date of service) , [] by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
,19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] and further that I served the Rute to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ,19 . [] by personal service .El. by (certified) (registered)
maih sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,19
Signature of affiant
THE BARON GROUP,
Plaintiff
WALTER AND MAENG JOHNSON
Defendants
: NO.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
OI- W~70
CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Walter Johnson, Defendant, to proceed in forma pauperis.
I, Philip C. Briganti, attorney for the party proceeding in forma pauperis, certify that I believe the
party is unable to pay the costs and that I am providing free legal services to the party.
Ph p CA gan -
Attorney for Defendant
M1DPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
THE BARON GROUP,
Plaintiff
WALTER AND MAENG JOHNSON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
::NO. OI- ~'I'/OCIVIL TERM
1. I, Walter Johnson, am a defendant in the above-captioned action, which is an appeal
from a judgment rendered by District Justice Clement on October 18, 2001, awarding Plaintiff
possession of the apartment in which I reside and a judgment for alleged back rent.
2. My rent for this apartment, located at 2108 Cedar Run Drive Apt. 106, Camp Hill,
Cumberland County, Pennsylvania is $620 per month and is due by the 1st day of the month with
a grace period until the 10t~ day of the month.
3. I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to
unswom falsification to authorities.
Date:
Walter Jo~/s/JDefendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: COMBERI,AND
09-1-01
CHARLES A. CLEMENT,
Address: 1106 CARLISLE ROAD
CAMP HILL, PA
(717) 761'4940
WALTER/MOHANG JOHNSON
2108 106
CEDAR RUN DRIVE
CAMP HILL, PA 17011
17011
THIS IS TO NOTIFY YOU THAT:
The total amount of the Security Deposit is $
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
~THE BARON GROUP
401
EAST WINDING HILL ROAD
~CHANICSBURG, PA 17055
VS.
DEFENDANT: NAME and ADDRESS
FJO~NSON, WALTER/MOHANG
2108 106
CEDAR RUN DRIVE
~MP HILL, PA 17011
Docket No.: LT- 0000582 - 01
Date Filed: 10/02/01
in a
(Date of Judgment)
6~0.00.
Juagment: FOR PLAINTIFF
Judgment was entered for: (Name) ~ BARON GROUP
Judgment was entered against JOHNSON~ WALTER/MOHANG
Landlord/Tenant action in the amount of $ 381.50 on 10/18/01
The amount of rent per month, as established by the District Justice is $
.00
_J
Rent in Arrears
Physical Damages Leasehold Property
Damages/Unjust Detention
TotalAmountEstablishedbvDJ Less.SecurityDepositAp~d = AdjudicatedAmount
$ 300.00-$ .DO = $ 300.00
$ .00-$ .00 = $ .00
$ .On -$ _00$ .00
[-~' 'Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
E~] This case without prejudice,
dismissed
] Possession granted.
Less Amt DUe Defendant from Cross Complaint
Interest (if provided by lease)
UT Judgment AmOunt
Judgment Costs
Attorney Fees
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
- $ .00
$ _on
$ 300.00
$ 81.50
$ ,_00
$ 381.50
Possession granted if money judgment not sat~st~eo Dy t~me or eviction.
Possession not granted. [] Defendants are jointly and severally liable.
[] Levy is stayed for days or [] generally stayed.
]Objection to Levy has been filed and hearing will be held:
Date: Place:
Time:
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 ,I~,Rd'~"i-i~o'r'ARY/CLERK OF COURTS
gE THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL O,I~t["IE MONI~Y ~JUD~MENT, IF ANY. IN
ORDER TO OeTAIN A SUPERSEDEAS THE APPELLANT MUST DEPOSIT WITH THE PROTHONo~I~R~7~LERK OF coui~T~THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY N ARREARS ON THE DATE THE APPEAL IS FIL' E~. ~ % ~.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INvoLVING A RESIDEN~iA~EAS~,,:THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEA'~L [i~ITH THE.P'RO'~H~ONOTARYlCLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ~
THE PARTY FILING AN APPEAL M~I~Tj~.~_U~ ,A C~Y (~'~l~ NO ~'1~ ~,~M~ENT/TRANSCRIpT FORM WITH THE.NOTICE OF APPEAL.
10/18/2001 Date ',~,'Vu,,.,~y...~ '-4- ~v ~. ',~ ,District Justice
II certify that this is a true and correct copy et the record et the proceerdmgs containing'me judgment.
Date ','*DistriCt*'" Justicejl
My commission expires first Mondey of January, 2002. SEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT: I hereby swear or affirm that I served ~ ;v~J ~
~ copy of the Notice of Ap~al, CoF~mon Pleas No. 0/' ~J~G , upon the District Justice designated therein o~
(dat~ ~f~er~ic~ /~'~-~J , ~ by pe~nat servic~ ~(certified)~ mail, sender's
receipt a;~acne~ hereto, and upon the appellee, (name) ~ ~e~ ~ , on
~.- ~ , ~g/ ~ by ~rsonal se~ice ~ (ce~ified) (~,~ail, sender's receipt a~ached hereto.
~'and fu~her that I served the Rule to File a Comp la iht accom panyi ng the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on /g -~ ~ , ~ D by personal service ~cedifie~) ·
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ' ~ ~
THIS ~ ~ DAY OF ~ ,19~
~gnature of affiant
I verify that the statements made in this Affidav'
are true and correct. I understand that false statements
herein are made subject to the penalties of 18 P.S. Sectio~
4904, relating to unsworn falsification to authorities.
p'hiliF' C. Briganti/
m
(Endorsement Required)
~3.94
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
WALTER and MOHANG
JOHNSON,
2108 Apt. 106 Cedar Run Dr.
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
No. 01-6170 Civil
LANDLORD TENANT
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action within
twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by attorney and filing in writing with the
court you defenses or objections to the claims set forth against you. You are
warned that, if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice for
any money entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief requested by
the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT 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
Cumberland County C,
Carlisle, Pennsylvania 17013-3387
Aviso
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de
plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar
una comparesencia escrita o en persona o con un abogado y entregar a 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 continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisiones de esta demanda. Usted
puede perder dinero o sus propiedades o otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 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 DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
ASOCIACION DE LICENCIADOS DE FILADELFIA SERVICIO DE
REFERENCIA E INFORMACION LEGAL
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
I Courthouse Square
Carlisle, Pennsylvania 17013-3387
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
WALTER and MOHANG
JOHNSON,
2108 Apt. 106 Cedar Run Dr.
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
No. 01-6170 Civil
LANDLORD TENANT
COMPLAINT
AND NOW, the Plaintiff, by and through its undersigned counsel, files
this complaint and avers in support thereof the following:
1. Plaintiff, The Baron Group, a Pennsylvania Partnership with an
address of 401 East Winding Hill Road, Mechanicsburg,
Pennsylvania.
2. Defendants, Walter and Mohang Johnson, are adult individuals
residing at 2108 Apt. 106, Cedar Run Dr., Camp Hill, Pennsylvania.
3. The Plaintiff and Defendants had previously been parties to a lease
for a certain dwelling located at 2108 Apt. 106, Cedar Run Dr.,
Camp Hill, Pennsylvania.
4. The terms of the lease expired.
5. Thereafter, the parties operated on a month to month lease.
6. The monthly rent was $620.00.
7. On October 2, 2001, Plaintiff initiated an action before District
Justice Charles A. Clement, Jr. for possession of the subject
property as a result of the expiration of the lease agreement.
8. At the time of the hearing on that matter, October 18, 2001,
Defendant was also in arrears in rent in the amount of THREE
HUNDRED DOLLARS ($300.00).
9. An order of possession was filed by Judge Clement on October 30,
2001.
10. The Defendants appealed the District Justice Order.
11.A Rule to File a complaint thereafter issued from the
Prothonotary's office.
12. Defendants have failed to pay the succeeding monthly rentals of
$620.00 due from October 1, 2001, to the date of filing.
13. Plaintiff is entitled to possession of the subject premises, and is
owed past due rent and late charges totaling at least TWELVE
HUNDRED DOLLARS (1,200.00) as of the date of this Complaint.
WHEREFORE, Plaintiff demands judgment against Defendant in an
amount of at least $1,200.00, with additional rent due on the first of each
succeeding month, together with interest from October 1, 2001, and costs.
CERTIFICATE OF SERVICE
I, Larissa Zearfoss, a Paralegal in the law firm of Nestico & Druby,
L.L.P., hereby certify that on the 26th day of November, 2001, I served a copy
of the foregoing Complaint on the individual listed below by United States
Mail, postage prepaid, first class, addressed as follows:
Walter and Mohang Johnson
2108 Apartment 106
Cedar Run Drive
Camp Hill, Pennsylvania 17011
Larissa Zearfoss~]
VERIFICATION
I hereby certify that the foregoing is true and correct to best of my
personal knowledge, or information and belief as all of the information contained
in the foregoing complaint has been provided to the undersigned by the Plaintiff
in this matter. This verification and statement is made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Respectfully Submitted,
By:
Anthony J. ~,
840 East C]~
)RUBY, L.L.P.
o, Esquire
late Avenue
Hershey, Pennsylvania 17033
(717) 533-5406
(717) 533-5717
Attorney for Plaintiff
THE BARON GROUP,
Plaintiff
WALTER JOHNSON AND MAENG
JOHNSON,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01-6170 CIVIL TERM
NOTICE TO PLEAD
TO: The Baron Group, c/o Anthony J. Nestico, Esquire
You are hereby notified to file a written response to the attached Defendants' Preliminary
Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment
may be entered against you.
Date
Philip C. ~'riganti
Counsel for Defendants
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
THE BARON GROUP,
Plaintiff
WALTER JOHNSON AND MAENG
JOHNSON,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01-6170 CIVIL TERM
DEFENDANTS' PRELIMINARY OBJECTIONS TO
PLAINTIFF'S COMPLAINT
COME NOW the defendants, Walter Johnson and Maeng Johnson, by counsel, Philip C.
Briganti, Esquire, MidPenn Legal Services, and raise the following Preliminary Objections to
Plaintiff's Complaint:
Demurrer
1. In Paragraph 13 of Plaintiff's Complaint, Plaintiffalleges that Plaintiffis entitled to
possession of the dwelling it leases to Defendants.
2. In Plaintiff's Complaint, Plaintiffdoes not allege that it served a notice to quit upon
Defendants, or that said notice was waived by the parties' lease.
3. Pursuant to 68 P.S. 250.501, in order to repossess the rental premises, Plaintiffwas
required to serve a notice to quit upon Defendants.
4. Plaintiffs Complaint is legally insufficient to state a claim for possession of the rental
premises.
WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed, and for such
other and further relief as this Court may deem reasonable and just.
Respectfully submitted,
bl~flip C. l~iriganti '~'/~' -
Counsel for Defendants
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
yERIFICATION
I, Walter Johnson, hereby verify that that I have read the foregoing Defendants'
Preliminary Objections to Plaintiff's Complaint, and that the statements of fact therein are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unswom
falsification to authorities.
Date:
_CERTIFICATE OF SERVICE
I, Philip C. Briganti, hereby certify that I am this _/e'~?'~ day of January, 2002,
serving a true copy of the foregoing Notice to Plead and Defendants' Preliminary Objections to
Plaintiff's Complaint upon Plaintiff's counsel at the following address, by first-class U.S. mail,
postage prepaid:
Anthony J. Nestico, Esquire
NESTICO & DRUBY, LLP
840 East Chocolate Avenue
Hershey, PA 17033-1213
Counsel for Defendants
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
:
: No. 01-6170 Civil
WALTER and MAENG :
JOHNSON, :
2108 Apt. 106 Cedar Run Dr. :
Camp Hill, PA 17011 :
Defendant :
JURY TRIAL DEMANDED
TO:
NOTICE TO PLEAD
Walter and Maeng Johnson
c/o Philip C. Br/ganti, Esquire
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
You are hereby notified to plead to the enclosed Petition for Release
of Escrow within twenty (20) days from service hereof or a default of
judgment may be entered against you.
Dated:
NESTI~ui
BY: ~nth/~on~ ~Nel
!co, Esquire
Attorney I.D. 1~o. 58868
840 E. Chocol~te Avenue
Hershey, Pennsylvania 17033
(717) 533-5406
(717} 533-5717
Attorney for Plaintiff
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: No. 01-6170 Civil
WALTER and MAENG :
JOHNSON, :
2108 Apt. 106 Cedar Run Dr. :
Camp Hill, PA 17011 :
Defendant :
JURY TRIAL DEMANDED
PETITION FOR RELEASE OF ESCROW
AND NOW, the Plaintiff, the Baron Group, by and through its
undersigned attorneys, hereby files this Petition for Release of Escrow and
avers in support thereof the following:
1. On October 2, 2001 Plaintiff initiated an action before District Justice
Charles A. Clement, Jr. for possession of certain real property located
at 2108 Cedar Run Drive, Apartment 106, Camp Hill, Pennsylvania
17011.
2. A hearing on the matter was held on October 18, 2001.
3. An Order of Possession was filed by Judge Clement on October 30,
2001.
4. The Defendants thereafter appealed the District Justice's Order.
5. The Rule to File Complaint thereafter issued from the Prothonotary's
Office.
6. According to counsel for the Appellants, Philip C. Briganti, Esquire,
the Appellants have, since the date of their appeal, paid their required
monthly rental, together with the rent in arrears as of the date of the
hearing, into escrow before this Honorable Court.
7. The monthly rent due and owing from the Appellants is Six Hundred
Twenty ($620.00) Dollars.
8. The Appellants currently owe Three Hundred {$300.00) Dollars for the
month of September, Six Hundred Twenty ($620.00) Dollars for the
month of October, Six Hundred Twenty ($620.00} Dollars for the
month of November, and Six Hundred Twenty {$620.00} Dollars for
the month of December.
9. Hereafter, the Appellants will owe Six Hundred Twenty ($620.00)
Dollars each month on the first day of the month until possession is
returned to the Plaintiff.
10.To date, the Appellants currently owe Two Thousand, One Hundred
Sixty ($2,160.00) Dollars in past due and current rent.
Therefore, the Baron Group respectfully requests that this Honorable
Court enter an Order:
Releasing Two Thousand, One Hundred S/xty ($2,160.00) Dollars
from the escrow fund to the Plaintiff representing past and current
rent;
B. Directing that the monthly rental fee of Six Hundred Twenty
($620.00) Dollars be released from the escrow fund on the first day of
each month; and
C. Scheduling a hearing on the trial of this matter at the next available
date.
Respectfully submitted,
NE~RU~' · .
.Anthony l~l~I~ stico, Esquire
Attorney itl2). } ~. 58868
840 E. Chocolate Avenue
Hershey, Pennsylvania 17033
(717) 533-5406
(717) 533-5717
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Anthony d. Nestico, of the law firm of Nestico & Druby, L.L.P., hereby
certify that on the ._~/~/day of danuary, 2002, a copy of the foregoing
document was sent via First Class U.S. Mail, postage paid, to the following:
Philip C. Briganti, Esquire
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
A~a-thony J---~. Nesti~o
VERIFICATION
I hereby certify that the foregoing is true and correct to best of my
personal knowledge, or information and belief as all of the information
contained in the foregoing complaint has been provided to the undersigned by
the Plaintiff in this matter. This verification and statement is made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
ony J.
~ '~c/o, Esquire
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
WALTER and MAENG
JOHNSON,
2108 Apt. 106 Cedar Run Dr.
Camp Hill, PA 17011
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
: No. 01-6170Civil
:
: JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this ~J day of ~2~-) , 2002, upon consideration of
Plaintiff's Petition for Release of Escrow, a Rule is hereby issued upon
Defendant, Walter and Maeng Johnson, to show cause, if any there by, why
they should not be directed to release escrow to Plaintiff within 20 days of
a~!icaticn ~f tk, c,P~int~ffs, for fai!ui'c uf D~fe,~d~t tv cumply in full with
BY THE COURT,
ViNVA-1ASNN::.:Jd
.AINflOO
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
WALTER and MAENG
JOHNSON,
2108 Apt. 106 Cedar Run Dr.
Camp Hill, PA 17011
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
No. 01-6170 Civil
dURY TRIAL DEMANDED
VERIFICATION
TO:
Curt Long, Prothonotary
Cumberland County
One Courthouse Square
Carlisle, PA 17013-3387
I verify that on the 24m day of January, 2002 I sent a copy of the
attached Rule to Show Cause as service upon the Defendants' counsel, Philip
Briganti, by First Class U.S. Mail, postage paid.
Deborah K. Misce}/~ch
:dkm
THE BARON GROUP,
401 East Winding Hill Road
Mechanicsburg, PA 17055
Plaintiff
WALTER and MAENG
JOHNSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
.
;
: No. 01-6170 Civil
;
:
2108 Apt. 106 Cedar Run Dr. :
Camp Hill, PA 17011 : JURY TRIAL DEMANDED
Defendants :
RULE TO SHOW CAUSE
AND NOW, this -~,-~"-~-day of:~j_, 2002, upon consideration of
Plaintiff's Petition for Release of Escrow, a Rule is hereby issued upon
Defendant, Walter and Maeng Johnson, to show cause, if any there by, xvhy
they should not be directed to release escrow to Plaintiff within 20 days of ~
- ..~ .... upon Defends, ,,p,~ r,,rther
apphcat~-of thc m~: - .
.... ~Of Def~nHqnt tn '~p!y in 5~!! w/th thiu
Order.
BY THE COURT,
Jo
THE BARON GROUP, :
401 East Winding Hill Road :
Mechanicsburg, PA 17055 :
Plaintiff :
:
Vo
WALTER and MAENG
JOHNSON,
2108 Apt. 106 Cedar Run Dr.
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
No. 01-6170 Civil
LANDLORD TENANT
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action within
twenty (20) days after this Complaint and Notice are served, by entering
a written appearance personally or by attorney and filing in writing with
the court you defenses or objections to the claims set forth against you.
You are warned that, if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without
further notice for any money entered against you by the Court without
further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
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.
IF
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Aviso
Le hah demandado a usted en la corte. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene veinte
(20) dias de plazo al partir de la fecha de la demanda y la notificacion.
Hace falta asentar una comparesencia escrita o en persona o con un
abogado y entregar a 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 continuar la
demanda en contra suya sin previo aviso o notificacion. Ademas, la corte
puede decidir a favor del demandante y requiere que usted cumpla con
todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 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 DIRECCIONSE ENCUENTRA ESCRITA ABAJO PAP~
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
ASOCIACION DE LICENCIADOS DE FILADELFIA SERVICIO DE
REFERENCIA E INFORMACION LEGAL
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
THE BARON GROUP, :
401 East Winding Hill Road :
Mechanicsburg, PA 17055 :
Plaintiff :
:
:
:
WALTER and MAENG :
JOHNSON, :
2108 Apt. 106 Cedar Run Dr. :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
No. 01-6170 Civil
Camp Hill, PA 17011 : LANDLORD TENANT
/q ~ ~ P~]~ COMPLAINT
AND NOW, the Plaintiff, by and through its undersigned counsel,
files this complaint and avers in support thereof the following:
1. Plaintiff, The Baron Group, a Pennsylvania Partnership with an
address of 401 East Winding Hill Road, Mechanicsburg,
Pennsylvania.
2. Defendants, Walter and Maeng Johnson, are adult individuals
residing at 2108 Apt. 106, Cedar Run Dr., Camp Hill,
Pennsylvania.
3. Plaintiff previously filed a complaint in response to Defendants'
appeal of an Order of Possession entered by a District Justice.
4. Defendants filed preliminary objections to the Complaint on
January 10, 2002.
5. The Plaintiff and Defendants had previously been parties to a
lease for a certain dwelling located at 2108 Apt. 106, Cedar Run
Dr., Camp Hill, Pennsylvania.
6. The term of the lease expired.
7. Thereafter, the parties operated on a month to month lease, but
pursuant to the terms of the lease.
8. Pursuant to the te~ms of the lease, Section B, paragraph 8,
tenants waived statutory Notice to Quit. A true and correct
copy of the Lease is attached hereto as Exhibit "A~.
9. The monthly rent was $620.00.
10. On October 2,2001, Plaintiff initiated an action before
District Justice Charles A. Clement, Jr. for possession of the
subject property as a result of the tenants' default and
expiration of the lease agreement.
11. At the time of the hearing on that matter, October 18, 2001,
Defendant was also in arrears in rent in the amount of THREE
HUNDRED DOLLARS ($300.00).
12. An order of possession was filed by Judge Clement on
October 30, 2001.
13. The Defendants appealed the District Justice Order.
14. A Rule to File a complaint thereafter issued from the
Prothonotary's office.
15. Defendants have failed to pay the succeeding monthly
rentals of $620.00 due from October 1, 2001, to the date of
filing.
16. Plaintiff is entitled to possession of the subject premises, and
is owed past due rent and late charges totaling at least TWELVE
HUNDRED DOLLARS (1,880.00) as of the date of this
Complaint.
WHEREFORE, Plaintiff demands judgment against Defendant in
an amount of at least $1,880.00, with additional rent due on the first of
each succeeding month, together with interest from October 1,2001, and
costs.
Respectfully Submitted,
Hershey, Pennsylvania 17033
(717) 533-5406
(717) 533-5717
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Anthony J. Nestico hereby certify that on the 30th day of
January, 2002, I served a copy of the foregoing Amended Complaint on
the individual listed below by United States Mail, postage prepaid, first
class, addressed as follows:
Philip Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
VERIFICATION
I hereby certify that the foregoing is true and correct to best of my
personal knowledge, or information and belief as all of the information
contained in the foregoing complaint has been provided to the
undersigned by the Plaintiff in this matter. This verification and
statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date:
.01/30/02 {~002
WED 10:10 FAX 17172335605 CRABTREE_ROHRBAUGH
LYES5
and ~'~t~r L. Joh,,,,,m 0fl~ (hereinafter referred to as
"Tel%ant") , M~J~9 C. Johr~son
:;¢'~(:t..ion A. 'Perm*~_Al_~_d._cOn~ition~. [,es~or agrees to lease the
Hill, C.t~tmberland County, ~nnsylvania ("Premises") ~lpon the
following oonditions:
1. Application. For use b.f'the Preraise~.. ~enant warrants
~l~nt '%[1 information provided by'T~ltQttt ~t~ tho R~nta~
Application, dated. ~oue~be~ 2.~ 3989 Is t~e and cozrect.
2. ~.~. Tb~.s Leas6 shall ~Xten~ for a te~m of ~ne (1)
%'e~t; beqinning on the 27 day of *Eovp~ber , :19~, and endil%g
,,,, thc _~ day o~ A'OOe~I[~ ~ ;~RO , unless so~ner terminated
pursuant to the pro~isions.' of
3. E~nt. F~r. ~he [use of the 3Premises,' Tenant shall pay, at
th~ re~i. depc~ or princiDa, l office~.~f .the Lessor'. without "d~and
nn,I wL, thout seto~f.or dedtl~tion, th~ antt~l sum'
payabte .tn equal:mon[~ly,ln=~alimen~s 'i ' )
Day~D.e .t~l a~Vance" ~n the [~t day 0f' each calendar month
Tenant s~alJ.' pay for a].~ other ~U~ino ele'ctric
smpara~ely billed to 't[a:Tendn~ for.?se:on the'..~d~mi~es. ,.
5. Use of.~[s.es~.{' Te"ant<'sh'all'mse'the Premises only as
the personal ~esid'~nc~ of Tenant, .~nd sha:~'~: not c'ond~ct any
~l~ful or ~mora~ aqtigtty, upon tl~e. p~emis,s~ E9~. the Praises
~n~.ti not be oc~bple~]by amy other.perSon ~ther thah the
-aboVelna.med Tenant and Tenaflt,S. children, "~f any,
.01/30/02
~ ..
WED 10:18 FAX 171~2335505
CRABTREE_ROHRBAUGH
~]003
~" I~ltl.~s..9!.)¢!--N-e-~.q.l.~_t_i.oJ!~.. For use oE the PremJ. se~,
~nd ~11 other peF~onm vlsltin~ the leased P~emise9 a~ the
invil'nt:ion of 'l'ennn~ nhnl.], comp{y wIt:h nil. Rnlen
ndop~nd hy Lessor (a copy ut ~hieh has been delivered ~o 'l'ennn~
made terms and conditions of this Lease) and with such changes
thereill or addltional Rules and Regulations as Lessor may from
time to time adopt. Lessor shall not be liable to Tenant for the
violation of any such Rules and Regulations or for the breach
any cov~,~nt ~r condition Jn any other le~e by ~nother Tennnt.
with Lessor's Rules ~nd Regulations sha~l constitute a breach of
condition under this lease ~greement.
A. rio pets shall be permitted on the Prem[nes.
B. Upon surren4er of the Premises for any reagan, the
Premises shall be left clean and neat and in the same candition
as received by Tenant upon initial grant of possession.
Breach of any of the above Terms an~ Conditions will result
J.n termination of the Lease and forfeitur~ of th~
Section B. Covenants of
1. Securit De osit. Lessor hereby acknowledges receipt
from tile Lessee of the sum of ?ire hundred
Dollars ($ 595.00 ) as security deposit to be held by Lessor
the rental term in accordance with the provisions of the
Pennsylvania Landlord and Tenant Act of 1951, as amended. The
Landlord may apply all or any portion of the security deposit to
and/or stlch security deposit shall be retained by Landlord ~5
llqnidated damages il Tenane breaks any pzovision of thi~ Lease,
Tenant shall restore the security deposit to ehe original amount
immediately upon request in the event Landlord utilized any
portion thereof. The security deposit shall not be considered
payment for the last month of the term of the Lease, and Tenant
shall be required to pay rental on the first day of such month.
2. Late Payment and gad Check. Rents are due on the let
day of each month in advance. If the rent is not received upon
or before the date due, tile Tenant agrees to pay a late charge of
Ten Dollars ($10.00) per day for each day that the rent is
overdue. This late charge is imposed because additional
bookkeeping and monltoril~ is required when the rent is not
received on time.
,O1/30/OZ
WED 10:19 FAX 171~2335605 ~RABTRE~[..ROHRBAUGH
004
Tenant agrees that any check issued to the Lessor for
payments due under this Lease which ia returned without payment
by the bank for any reason shall be deemed to have been made on
the day the Lessor received such check and the late payment
charge shall be applicable. In addition, Tenant shall pay to
Lessor a Twenty Dollars ($20.00) return charge for the bad check.
3. Resulted Notice to Terminate by Tenant. Tenant shall
have the right to terminate this Lease at any time subsequent to
the initial one-year term upon sixty (60) days' written notice to
Lessor. Upon failure of the Tenant to give the required notice
to Lessor, Lessor may, at his option, retain the security deposit
as liquidated demagea for breach of this provisions.
4. ~. A holding over by Tenant beyond the terms
of this Lease shall be on a month-to-month basis under and
subject to all provisions contained in this Lease provided,
however, that the monthly rent payable in advance shall be egua!
to the last rental agreed upon by the parties under this Lease
plus five percent (5%) rounded to the nearest ten dollars
($1o.oo).
5. Condition of Premiee~. Tenant accepts possession of the
Premises in an "as is" condition. Landlord does not make any
warranty, representation or covenant as to the condition of the
Premises.
6. Notice__9~_D~/~=~a. Tenant shall give Landlord prompt
notice of any damage to, or defects in, the water, electric
wiring or any other parts of the Premises.
7. Remedies Uoon Default.
(a) If the Tenant (1) fails to pay the rent in full
when due and/or any other changes, expenses, or costs herein
agreed to be paid by Tenant; (2) violates or fails to perform or
otherwise breaks any covenant, term or condition herein
contained; or (3) vacates the demised premises or attempts to
remove any goods or property from the premises prior to having
first paid and satisfied the Lessor in full for all rent and
other charges then due or may become due until the expiration at
the term of this Lease, thereupon the Tenant will be in default
and all applicable remedies in this section and at law or equity
shall be enforceable by the Lessor against the Tenant, at the
Lessor's option.
01/30/02 W£D 10:19 FAX 171~2335505
C~ABTR~_.ROE~BAUGH
~005
{b) If default l~ made in the payment of any part of
the rent reserved hereunder, or in case of any other breach of
any covenant or condition of this Lease, at the Landlord's
option, in addition to ail other rights and remedies available at
law or equity, the entire rent reserved for the full term of this
Lease remaining unpaid shall become due and payable at once and
may forthwith be collected by distress or otherwise, and at the
same time, the Landlord may forfeit and annul the unexpired
portion of this Lease end enter upon and repossess tile Premises.
(c) Lessor may file a Complaint to evict Tenant in
accordance with the Landlord/Tenant Law (68 P.S. §250.501 et.
se~.) or any other applicable law, if the Tenant has failed to
pay rent in accordance with Section A(3) or any other charges
provided for in this Lease within ten (10) days. Such rent or
charges may become due if and only if the ~essor has given the
Tenant ten (10) days written notice to vacate for failure to pay
such rent or charges, at which time the Lease will terminate and
the Tenant will forfeit the Premises. The eviction Complaint may
be filed on the eleventh (11th) day after notice is given;
however, no hearing on the Lessor's eviction Complaint shall be
held until twenty (20) days after expiration of the notice
period.
(d) If the Tenant should fall to perform or breach any
of the Terms or Conditions of this Lease, other than Section A(3)
or pertaining to the payment of rent, the Lessor shall give the
Tenant written notice informing the Tenant of the nature of the
objectionable conduct, giving the Tenant five (5) days to stop
the objectionable conduct. If the objectionable conduct has not
been stopped within the five-day period, or reoccurs before the
ending date of this Lease, and if the Lessor wishes to terminate
this Lease, the Lessor shall then give the Tenant ten (10) days
written notice of the termination of the Lease and the Tenant
must forfeit the Premises. The Lessor may file an eviction
Complaint in accordance with the Landlord/Tenant Law or any other
applicable law at the expiration of the ten-day notice period;
however, no hearing on the Lessor's eviction Complaint shall be
held until fifteen (15) days after the expiration of the second
notice period.
(e) ORTA OTC
THE FOLLOWING PARAGRAPHS CONSTITUTE A WAIVER OF ANy RIGHTS
YOU HAVE TO BE NOTIFIED OF YOUR DEFAULT DNDER THIS LEASE AND
TO APPEAR IN YOUR OWN DEFENSE IN COURT PRIOR TO HAVING A
JUDGMENT ENTERED ACAINST YOU. PLF. J%SE READ THESE PAi~AGHA~{S
FULLY AND CAREFULLY. IF YOU DO NOT UNDERSTAND THEM, YOU
SHOULD CONSULT AN ATTORNEY BEFORE SIGNING THIS TmASE.
4
01/30/02 WED 10:20 FAX 171Y2335605
CRABTREE_ROHRBAt~GH
~006
If the rent and/or any charges hereby reserved as rent shall
remain unpaid on any day when the same ought to be paid, Lessee
hereby empowers any Prothonotary, Clerk of Court or attorney of
any Court of Record to appear for Lessee in any and all actions
which may be brought for said arrears of rent or charges or
reserved as rent, and/or to sign for Tenant an agreement for
entering in any competent Court an amicable action or actions for
the recove suc arrears of rent.or o h.r charq?s or
expenses, and tn sa~d suits or in sazd amzcable actzon or actions
to confess judgment against Tenant for all arrears of rent or
other charges aforesaid, and for interest and costs, together
with an attorney's commission of ten percent (10%). Such
authority shall not be exhausted by one exercise thereof, but
judgment may be confessed as aforesaid from time to time as often
as any of said rent and/or other charges reserved as rent shall
fall due or be in arrears, and such powers may be exercised as
well after the expiration of the orlglnal term and/or during any
extension or renewal of this I~ease.
When this Lease shall be determined by condition broken or
breach of covenant either durinq the original term of this Lease
or any renewal or extension thereof, and also when and as soon as
the term hereby created or any extension thereof shall have
expired, Tenant hereby authorzzes any attorney as attorney for
Tenant to sign an agreement for entering and to enter in any
competent Court an amicable action and judgment in sjectment and
all persons claiming under Tenant for the recovery by Lessor of
possession of the herein demised and for damages for the
detention thereof (to be assessed on the basis of the rental of
this Lease), for which this Lease shall be his sufficient
warrant, whereupon, if Lessor so desires, a writ of possession
may issue forthwith, without any prior writ or proceedings
whatsoever, and provided that if for any reason after such action
shall have been commenced the same shall be determined and the
possession of the premises hereby demised remain in or to be
restored to Tenant, Lessor shall have the right upon any
subsequent default or defaults, or upon the termination of this
lease as hereinbefore set forth, to bring one or more amicable
action or actions as hereinbefore set forth to recover possession
of the said premises.
In any amicable action of ejectment and/or for rent in
arrears, Lessor shall first cause to be filed in such action an
affidavit made by it or someone acting for it setting forth the
facts necessary to authorize the entry of judgment, of which
facts such affidavit shall be conclusive evidence, and if a true
copy of this Lease (and of'the truth of the copy of such
affidavit shall be sufficient evidence) be filed in such action
it shall not be necessary to file the original as warrant of
attorney, any rule of Court, custom or practice to the contrary
notwithstanding standing.
.01/30/02 ~ED 10:20 FAX 171~2335505
~007
(f) All property on the Premises shall be liable to
distress for rent and costs, and express leave and permission is
given to the Landlord and his agents to enter upon the Premises
at any time, for the purpose of making distraint for rent
according to the terms of this Lease, and any claims therefore
for damages to Tenant or Tenant's personality is hereby waived.
The removal of any property from the Premises by Tenant without
the written consent of Landlord, whether by day or night, shall
be deemed a fraudulent and clandestine removal, and such property
shall remain liable to distress for thirty (30) days after such
removal, whenever it may be found.
(g) If Tenant fails to fulfill any provisions of this
lease, Landlord, after giving five (5) days advance notice to
Tenant, may, at Landlord's option, perform or cause to be
performed, such obligation of Tenant, and bill tenant the cost of
performing same, which bill shall be ii, mediately due and payable
and collectible as additional rent hereunder.
(h) Landlord and Tenant hereby covenant and agree that
all of the remedies mentioned above are cumulative and not merely
alternative and further that as to each of the above remedies,
such remedy shall not be exhausted by one exercise, but may be
repeated as often as Landlord shall require in order to obtain
full and satisfactory relief.
8. Waiver of Statutory Notice to Quit. As allowed under 68
P.S. S250.501, Tenant agrees to waive his statutory right of
Notice to Quit and the statutory period of time the Tenant is
given to vacate the premises after notice is given.
Alternatively, Lessor agrees to give Tenant notice to quit in
accordance with Section B, Paragraph 7(c) and Section 8,
Paragraph 7(d), where applicable, and to provide for a period of
time of at least ten (10} days to vacate the premises upon notice
of termination of the Lease. Upon termination or expiration of
the term of this Lease, Tenant agrees to forfeit the Premises.
Tenant accepts this alternative notice as his sole right to
notice to surrender the Premises.
9. Waivers. A waiver by Landlord of any requirement or
duty of Tenant under this Lease or of any recourse as to any
particular breach thereof in any given instance shall not be
deemed a waiver of any other duty of Tenant as to all or any
other instances.
01/:10/02 W£I) 10:20 FAX 171¥2335505
CRA~TR~'~ROHRBAUGH
~]008
lo. ~~q~, This Lease agreement shall be subject
and subordinate to all present or future mortgages or underlying
leases which may now or hereafter affect the leased Premises and
to all renewals, modifications, replacements and extensions
thereof. This clause shall be se/f-operative, but in any avant,
Tenant shall execute promptly any estoppel certificate or other
assurances that Lessor may request in furtherance hereof.
1~. Restoration of Premises at End of Tart... At the
expiration of the tax-m, the demised Premises will be restored, at
the option of the Lessor, to the same condition in which they
were at the commencement of the term, reasonable wear and tear
excepted, and the cost of any restoration shall be paid by Tenant
which cost shall be treated as additional rent due and owing the
terms of this Lease.
12. Standard of Conduct. Tenant shall not carry on any
unlawful or immoral business in and about the demised Premises
nor do any act or conduct business in such a manner as will
endanger the building from fire or cause a forfeiture of any fire
or liability insurance that Lessor has on said building. Tenant
agrees to keep the Premises in good and orderly manner and in
good condition and repair and not to commit waste upon the
Premises. Tenant agrees not to do or permit any act or practice
injurious to the Premises, or which may disturb other tenants or
which adversely affect Lessor's insurance and to comply with all
obligations imposed upon Tenant by the provisions of all local,
county and Commonwealth codes, regulations, ordinances and
statues.
Tenant shall not permit any patrons, guests, visitors,
agents, servants, employees or invitees to destroy, deface,
damage, impair, or remove any part of the leased structure nor
permit such persons to disturb the peaceful enjoyment of the
Premises by other tenants and neighbors. Tenant shall be
responsible for any and all damage caused by Tenant, his agents,
patrons, guests, visitors,.servants, employees and invitees.
13. ~1~. Lessor may enter the Premises at any time
during the term, in the presence of the Lessee, during normal
business hours, for the purposes of ascertaining whether said
Premises kept in good order and repair. Further, Lessor ,
reserves ~: right,to display a "For Leas," or a "For Sale" sxgn
upon the Premises and to show the same to prospective tenants,
buyers, appraisers or bankers.
7
01/30/02 W£D 10:21 FAX 171~2335605
CRABTREE_ROHRBAUGH
~009
14. ~ns~D~_~]lC~. Lessor shall maintain adequate insurance
against damage or destruction to the said building and Premises
by or account of the elements, fire, wind and other perils
commonly insured against under the coverage known as "extended
coverage", but all personal property or possession of any kind or
description owned by Tenant upon the Premises shall be Tenant's
sole risk and Tenant is advised to obtain any insurance which
Tenant may require covering such proper*:y or possessions.
15. ~,~D~. Lessee shall not alter the Premises nor
make additions thereto nor paint the Premises without Lessor's
express written consent.
16. Assiunment and SublettinG. This Lease may not be
assigned by the Tenant nor the Premises sublet without Tenant
first obtaining written consent of the Lessor which consent shall
not be unreasonably withheld.
17. Casualty. In the event that the Premises occupied by
the Tenant shall, during said term, be destroyed by fire, thereby
making the Premises untenantable and unfit for occupancy so that
the owners thereof deem it advisable to construct a new building,
the Lessor herein shall thereupon have the right to cancel and
terminate this Lease, giving fifteen (15) days notice in writing
to the Tenant herein, and the term of this Lease shall thereupon
cease at the expiration of fifteen (1§) days after the expiration
of said notice. In the event, however, that the said building
shall be damaged by fire, but not destroyed, the Lessor will
thereupon cause the same to be repaired and restored to its
former condition, then to act with the greatest possible
diligence, and if the said fire shall have rendered the Premises
untenantable, payment of rent thereunder shall be suspended from
the time when the Tenant herein shall notify the Lessor of such
condition until such time as the building is so repaired and
again ready for occupancy, and the Tenant herein agrees that in
the event that the building shall he so partially destroyed by
fire as to render said repairs necessary, that the said Lessor
shall thereupon have the right through his servants and agents,
and that the servants and agents of any contractor employed by
the Lessor shall have the right to make possession of the
Premises for the purpose of making such repairs, and the so
taking of possession shall not be an eviction of the Tenant
herein and shall in no manner effect this term ef Lease. Within
thirty (30) days after casualty. Lessor shall notify Tenant Of
Lessor's agreement to complete restoration within six (6) months
after casualty or, failing such notice, Tenant has option to
cancel within twenty (20) days after thirty (30) aforesaid.
8
01/30/02
WED 10:21 FAX 171~2335505
CRABTREE_ROHRBAUGH
~ OlO
18. Exculmatorv Clause and ~nde~m[ficatio~
(a) Tenant agrees to be responsible for and to
relieve from all liability by reason of any injury or damage to
any demised premises, whether belonging to the Tenant or any
other peres., caused by an fire, breakage or leakage in any parc
or portion of the.bulldingof which the demised premises is a
part, or from water, rain, or snow that may leek into, issue or
flow from any part of tile said premises, or of the building of
which the demised premises Is a part, or from the drains, pipes,
sewers, basins, water closets, or plumbing work of the same, or
from any place or q~arter, except when such breakage, leakage,
injury or damage be caused by or result from the negligence of
I~ssor or his servants or agents or any person or persons
whatsoever, or where Lessor la statutorily liable for the
maintenance of those items directly causingsuch breakage,
leakage, injury or damage.
(b) Tenant also agrees to be responsible for and
to relieve and hereby relieves Lessor from all li&bility by
reason or any damage or injury to any person or thing which may
arise from or be due to the use, misuse or abuse of all or any of
the elevators, hatches, ope~ings, stairways, hallways or any
other portion of building or property of which the leased
premises are a part, of any kind whatsoever, which may exist or
hereafter be erected or constructed on the said premises, or from
any kind of injury which may arise from any other cause
whatsoever on any portion of the said premises or the building of
which the demised premises is a part, except when such damage,
injury, use, misuse or abuse be caused by or result from the
negligence of Lessor, his employees or agents or any other person
or persons whatsoever.
(c) The Tenant does hereby agree to indemnify
Lessor and hold Lessor harmless for all claims, demands, or
judgements arising out of injuries to persons or damages to
property occurring on the Premises herein demised or resulting
from Tenant's occupancy or use of the Premises resulting solely
from causes other than ~he negligence of claims, demands, or
judgements arising out of negligence of Lessor on the demised
Premises including defense of suits whether the same be brought
before or after the expiration of this Lease.
19. ~. This agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective
heirs, executors, administrators, successors and assigns.
.01/30/02
WE~ 10:21 FA~ 171~2335505
CRABTREE_ROHRBAUGH
20. Pen s lvani w. This Agreement shall be construed
under and in accordance with the laws of the Co~onwealth of
Pennsylvania and all obligation of the parties created hereunder
are performable in Cumberland County, Pennsylvania.
21. Leual Construction. In case any one or more off the
provisions contained in this ~ease shall, for any reason, be held
to be invaIid, illegal o= unenforceable provision had never been
contained herein.
22. ~. No amendment, modification or alteration of
the terms hereunder shall be binding unless the same be in
writing, dated subsequent to the date hereof, and duly e~ecutsd
by the parties hereto.
IN WITNESS WHEREOF, the undersigned as Lessor and Tenant have
executed this Agreement the day and year first above written.
WITNESS:
TENANT= ~
10
01/30/02
WED 10:Z2 FAX 171~235§§05
CRABTREE_ROHRBAUGH
~]012
Property:
Resident:
.~ Cedar Run Drive, /0<
Camp Hill, PA 17011
1. $ions and Attachments, Nothing shall be placed on, or hung
from, the outside of the buildlnq, windows, doors, patios, or
b~].conies. No signs or advertising notices o{ any kind shall be
attacl~ed to any part of the outside of the building. Names shall be
displayed on doors and mailboxes only in the manner designated by
Management.
2. ~ntranceso Walks. Etc. Entrances, walks, elevators,
vestibules, halls, stairways, landings, and other public areas
outside of the apartments shall not be obstructed or used for any
other purpose than for ingress and egress to and from the building or
apartments.
3. ~ No locks shall be changed or added in any
way, to any door except with prior written consent of Owner or
Management. There shall be a charge for replacing lost or stolen
keys (I~cksmith's current rates for re-keying all entrance doors},
opening doors for Resident lockouts ($25.00 during office hours 8:00
n.m. - 5:00 p.m., after business hours 5:00 p.m. - 8:00 a.m. 24 hour
locksmith's rateS), and for keys Resident fails to return ($$.00).
4. Disturbances and Noises. Loud noises and other disturbing
acts in the apartment or on adjoining property that interferes with
the rlgh~s, comforts, or co~tvenlence of other residents are
prohibited at all times.
5. Walls, Alterations. Etc. The walls, ceilings, and woodwork
must not be marred by driving nails, tacks~ or screws, or by
otherwise defacing the same, except for standard picture additions,
or improvements shall be made in the apartment without the prior
written consent of the Owner or Management.
6. Sm ke tet · A smoke detector has been provided to each
unit by the owner. Upkeep of the smoke detector is the
responsibility of the resident (i.e. batteries).
7. Occupants and Guests. No occupants other than those listed
on Rental Application will be allowed to establish residency without
prior written permission of Owner or Management. Residents shall be
responsible and liable for the acts of their guests. Acts of guests
iii violation of the lease, or Managsment,s rules and regulations, may
be deemed by Management to be a breach by Resident.
.01/30/02
WED 10:22 FAX 171~2335605
CRABTREE~OHRBAUGH
014
Damage and cleanup are the responsibility o£ Resident. Management
reserves the right to require any Resident who has a pet to put up an
additional security deposit, in addition to the security deposit
provided for in the lease.
15. Water Beds. No water beds shall be allowed in the
apartment without prior written consent of Owner or Management.
16. Soltcitlnu/Business Ouerattonq... Soliciting of any type is
not permitted, except by individual appointment with Resident.
Resident should notify Management of a~ Uninvited solicitor appears
and appropriate action will be taken. Unless otherm~ise agreed,
resident shall not use the apartment for business or commercial
operations.
17. ~ Owner and Management recommend that Resident
obtain personal insurance and personal liability insurance. The
owner has no insurable interest in Resident's personal property and
will not be liable for acts of Resident, Resident's family, guest, or
invitees.
18. ~ Owner reserves the right any time to change
or rescind one or more of these rules and regulations or to make and
enforce such other reasonable rules and regulations as in Owner's
judgement may be deemed advlsable to promote the safety, care, and
cleanliness of the premises and for preservation of good order.
Acknowledge receipt of Rules and Regulations and agree to be bound by
and comply wlth these Rules a?d Regulation. this ~ay
of ,
.)
BARON GROUP
Plaintiff
WALTER & MAENG JOHNSON
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-6170 CIVIL
: JURY TRIAL DEMANDED
:
MOTION TO MAKE RULE ABSOLUTE AGAINST DEFENDANTS
WALTER AND MAENG }OHNSON
Plaintiff respectfully requests this Honorable Court for an Order.
1. On January 3, 2002, Plaintiffs filed a Motion to Release Escrow.
2. On January 22, 2002, this Honorable Court entered an Order requiring
Defendants, Waiter and Maeng Johnson to show cause, if any, thereby why
they should not be directed to release escrow to Plaintiff within twenty (20)
days of service.
3. By letter of January 10, 2002, Defendants advised that they had no objection
to the same.
WHEREFORE, Plaintiff, The Baron Group, requests this Honorable Court
to make the aforementioned Rule absolute.
Date:
Respectfully submitted,
NESTICO & DRUBY, L.L.P.
B Anthony J es~jEo, Esquire
I.D. 58868
840 East Chocolate Avenue
Hershey PA 17033
(717) 533-5406
(717) 533-5717
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Anthony J. Nestico, of the law firm of Nestico & Druby, L.L.P., hereby certify
that on the /, ;~' day of February, 2002, a copy of the foregoing document was sent via
First Class U.S. Mail, postage paid, to the following:
Philip Briganti, Esquire
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
BARON GROUP
Plaintiff
WALTER & MAENG JOHNSON
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6170 CIVIL
JURY TRIAL DEMANDED
ORDER
AND NOW, this ~ day of ~'~ ~, .... 2002, Plai~f's Mo.ti_o~t's
to make the Rule absolute is granted and Defendants azc dlrcct¢&to release escrow to
the Plaintiff° .~ot~_--~ ~o .~..~...) )c~,,_...wJ~c. jc._'
Date:
:IlSS Order 2120~ ~
~CzO
10073103042002
PYS405
Distribution
3806 BARON GROUP Check Date: 03/04/2002
Cumberland County Protho~o~ary'g Office Pa~e 1
Manual Release Check ~eglsner 3/0~/2002
"~ Escrow Tran Date
Case No Accounting Amount Date Release
PYMTJMONEY ODR
PYMTJMONEY ODR
PYMTJMONEY ODR
PYMT/CASH
Payee total:
Check No.: 1273
300.00 10J26J2001
620.00 11~09J2001
620.00 12~11J2001
620.00 1/11/2002
Grand total: 2,160.00
RENT 2001- 06170
RENT 2001- 06170
RENT 2001- 06170
RENT 2001- 06170
2160.00