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HomeMy WebLinkAbout07-4225E' C'OIMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Qrj~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ..Tt>,,o~t,,~ ~oec _ ~ OS-,~.,. n I ~~ C.~-c,r l,,- Q C l w.-"•~ No 6~ " lti ~ 17o'lb GATE OF JU GME T IN THE CASE OF (Plaintil~ 1 (De/endant)' ~~ ~'I 1~1.t ` (bra DOCKET No. SIGNATURE OF APPE T TTORNE GE CV- ~~~~I~~---off ~. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. If appellant was No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FItEO within twenty (20) days after filing the NOTICE of APPEAL. sgnamra aliWnonaary ar Deputy 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.D.J. 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 ~ ~ t k ~(~ ~( ~ J~ t ` ~ ~~ 1 J` appellee(s), to fife a complaint in this appeal NaMe of appellees) (Common Pleas No. ,.,L~.c~ ~ ` )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~ 1 ~`~ Signature o/ appeNant or attorney or agent RULE: To ~''+t-~ ~„R JoJl ~ l~ , appellees) Nameo/appall 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: JI ,~ ,20Q~ Signa ure o/ Proth~ or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLA/NT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by persona( service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of ofFcial before whom affidavit was made ~tle of official My commission expires on 20 /~-} ~ `~ _N ~' ,r~ ~ rr__ - i ~ t- ~ r- .,4 '~_ err ~ t'. t ~~ J ..~! ~~- QD f. i ~ ~l C ~" . '_'~ `~: ~ {~ N ~ -< COMMONWEALTH OF PENNSYLVANIA I' 'w rni intro nt-. ['T1ifAilQT.flTrf Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHASL88 A. CL811d88T, J8 Address: 4 0 0 B$ID(~8 ST OLDB TOMNB COMMONS -SIIITB 3 1~?89P C~lit88ftLAND, PA Telephone: (717) 774-5989 17070 TIMOTHY HOGG PO BOZ 624 N891 CUM88RLAND, NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME andADDFESs rMONICA HA>6ID/JOSH TBAaLBjt ~ 31 MALLASD COIIftT MBCHA>dIICSBDZt(~, PA 17055 L J VS. DEFENDANT: NAME and AtiDRt=ss rH0(~, TII[OTHY -1 PO BOE 624 NSi~ C>QM88RL]1ND, PA 17070 L J Docket No.: CV-0000176-07 PA 17070 Date Filed: 4/30/07 ~: THIS IS TO NOTIFY YOU THAT: _Judgmerit:.,W FO&.s,g..>~I~>!F)~a :~. ;~ (Date of Judgment) ; 7/11/-07 _, ,;...;_. ;. Judgment was entered for: (Name) MO~TICA HAND/JOSH TBAaLBH Judgment was entered against: (Name) HOB, TIMOTHY in the amount of $ 2, 767.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ Amount of Judgment $ 2, 625.00 Judgment Costs $ 1 5 Interest on Judgment $~- a~ Attorney Fees $ . 00 Total $ 2, 767.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE,. . JUDGEMENT HOLDER ELECTS TO ENTER T,H~.Jl1D~MENT IN.THE 000RT OF'COMMONPLEAS, 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. JUL 1 1 2007 Date I certify that this is a true and correct copy of the record of the Date My commission expires first Monday of January, 2008 p • ,Magisterial District Ju ~` ings containing the judgment. Magisterial District Judge SEAL AOPC 315-06 DATE P1tI~iTBD: 7/11/07 1:51:00 PM ~~rYM1' . , 7DD4 289D DDD2 8473 1526 a ~~ o ~ ~ y m ;~ ~ -n' • my o .9 ~~ ~ kb~ C 30, 3i. ~ c 0;® w '? o ~ p m $ z• m ~ ~ ,D c 's ~ m 1 ; ~~ ~~~ ~ m T ~ •n ~n O m vm Vw a V 1~ m m a m m s it ,rl ~ .~ i `i ~~ '~ i .I ~V\ i~ 3 i\ " J ' W , d ,. s.~~,W_~„ . 7oa4 ~l<. a~ ~^~~ ~,~v. 7~ . ~~7 , Y~~ & eL~ « m. ,y E_ o ~, p71 , ~ ~ b ~ ' ~ ~D ~3 a `~ i3 ~~ ~ < -c r , p~, rti fJ a ~~_~ ' 77 Q~ 'Q ~, Zw ~ t° 3I 6 3] ~~~ Q~ ~7 ,. 1 ~ ~~~i ~~~~ ~~ ~1 ~ i~~ ' IA v •i t ' s iL .~ - f .,.q, yr nrr ._- -- - (This proof of sefvrce MUST (9E FILED WlTHlN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~~~;`~~~ ; ss AFFtDAVtT: I hereby {swear) (affirm) that I served off- ~~.~ ciY~c T~~~C a copy of the Notice of Appeal, Common Please ,upon the~~District Justice designated therein on (date of service) , 20~, ^ by persona~ce ~ b (certifi (regist~d) ail, sender's receipt a shed t eto, and upon the appellee, (name 20~ ^ by personal service by (c i ied) (r ister )mail, nder's ipt attached hereto. { WOR~(A~FIRMED) AND SUBSCRIBED BEFORE ME T S ~ ~ AY a~-, 20 ~i~l '.tA- -~ ' Sign u of ofliclal before whom affidavit was m e _ i' rHe of official " ` My commission expires on ~-~1wes~ ya1 , 20 1 ~ c7 ' ~ o ~... -s`, -~~ t _--. `- `: ~ ~ i ~ ~ t - , ~; ~ ~~='3 .v ~-. -~ J --~C G(7MMONWEALTFI VF I'ENNSYI.VANIA COURT OF COMMON PLEAS" Judicial District, County Of s -. NOTICE ®F APPEAL FROM DISTRICT JUSTICE JUDGMENT ,., CQIIIIAAQN PLEAS Nb. CS'7- ~~•~ f.. l ~~~ C~.I I ~'~'°F' ,.. Notice. is given that the:appellant-has filed in the above Court of Co`ri~rrer~ Pleas at- appeal from the judg{rrent rendered by the District Justice on the date and in the case referenced below. *'. ' - N IM~ILANT MAG DjST. ~ .~ NI~E.OFD.~.~} ` ~'+ y TTTTT IV7lL' ~ (4'. InW of Ef L ~ ~-~1n ~4.h. 3 ADDp~ ~OF AP ~ P ~ ~~ !~~ ~v~~ ~ ~ ~ ~~ STATE ~ ~ ~ ~ ~ ZIP CODE DATE OF JU ME ^r" IN T CASE OF (P/eintA/)ii !'jV~ {~ .end ' CV - ~~aa{~t---O1 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. signemre a ay a Deputy (see Pa. R. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE YO ENTER RULE TO FILE COMPL/kFNT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Jusfice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary ++'' r ''~ Enter rule upon ~ ~X- i ~.~ ~i~ A ~ ~ V v f ~ r ~ ~,.`[ ~`'r~ appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ~'~ - ~,~ ~ ~ (~ I V , ~) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~q Signature of appellant or ettomey or agent RULE: To 1 r~"tt ~u, ~f+~t ~ ~~f~ ~f'u-`~ ~'~, appellee(s) Name of appellee ) (1) You ark e~ Ihat:a rr~le is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule ~Ipofiryl'~ by personal ~ or by certified or registered mail. '. F ,. ! . (2) .~#"u do not file a complainlsd+ithn this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. r" (3) 'hhe date ofservice of this rule ~# siMjrvice was by mail is the date of the mailing. ~~ Date. ~~~.~ r (' ' ' ;-20 ~'~ .S ~ ~'" !'g~~"/t"y~.~ ' ... ••~ , Signature o/froth gr~g~Q."'f ' ' . YOU MU$T,FNfy4~tE'A'~OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. '~ 4 . ,E. \ §b w~,w y ,. ~,~ AOPC 312-02 ~ S~k t~ ~~ v ~~ MONICA HAND : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. : N0.07-4225 CIVIL TERM TIMOTHY NOGG CIVIL ACTION Defendant :LAW YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 'YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 John A. Davidson The Law Office of John A. Davidson 208 N. 3rd St. Suite 130 Harrisburg PA 17101 (717) 526-7850 JADUJohnADavidsonesq.com MONICA HAND : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. : N0.07-4225 CIVIL TERM TIMOTHY HOGG CIVIL ACTION Defendant :LAW COMPLAINT AND NOW COMES the Plaintiff, Monica Hand, an adult individual, by her attorneys, The Law Office of John A. Davidson, respectfully represents: 1. Monica Hand, adult individual, who resides at 31 Mallard Ct, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter called "Plaintiff". 2. Timothy Hogg is an adult individual with a mailing address of P.O. Box 624 New Cumberland, PA 17070, hereinafter called "Defendant". 3. On April 1, 2006 the Plaintiff rented an apartment, for herself and her children, from the Defendant, located at 211 C Mazket Street, New Cumberland, Cumberland County, New Cumberland, PA, 17070, beginning April 1St, 2006 through March 31, 2007 ,hereinafter called "Premises". 4. Both parties executed a written lease on April 1, 2006. This lease is attached hereto as Exhibit A. 5. On July 1,2006 the Plaintiff sent the defendant a letter date July 1, 2006 detailing the problems the Plaintiff had with the Premises. This letter is attached hereto as Exhibit B. 6. In the July 1St letter the Plaintiff advised the Defendant that based on a reaction of a friend who was allergic to mold that the Plaintiff believed that the Premises had a mold problem. 7. The Plaintiff also advised the Defendant that the Premises smelled of dog urine. 8. The Plaintiff also states that the Defendant misled the Plaintiff on the following: a. That the premises had never been flooded despite the Premises being in located in a Flood Zone. b. That the exterior of the Premises would be power washed. c. The number of dogs which previously resided at the Premises. 9. In a letter dated July 12, 2006 attached hereto as Exhibit C. The Defendant first says that mold is an issue that will require testing. The Defendant then dismisses the Plaintiffs concern my saying "mold is present in every home and very few species are shown to be harmful to humans". 10. In a letter dated September 7, 2006 attached hereto as Exhibit D. In this letter the Plaintiff advises the Defendant that there was a mildew odor as well as a musty smell in the Premises. l l . On September 16, 2006 the Plaintiff engaged JEM Environmental Mold and Moisture Assessment to inspect the premises for Mold. A copy of the report is attached hereto as Exhibit E. 12. The report concludes: a. There are existing and active leaks. b. The house has a long history of water intrusion and leakage issues 2 c. There is visible water damage and staining in the drywall, ceiling tiles and in the attic roof. d. Stachybotrys mold is present. e. There are landlord maintenance issues that have allowed for the moisture and mold problems. 13. Despite repeated request to the Defendant including sending the Defendant a copy of the report. The Defendant did nothing to address the mold issue. 14. The Plaintiff believes and therefore avers that molds of the type listed in Exhibit E have been present since before the Plaintiff took occupancy. 15. The Plaintiff believes and therefore avers that the water leaks and the presence of mold render the Premises uninhabitable, especially for a woman in the later stage of pregnancy. 16. The Plaintiff believes and therefore avers that the Defendant was aware of these conditions prior to leasing the premises to her. Wherefore, the Plaintiff demands judgment against the Defendant actual damages in the amount of $8000 due to the violation of the implied warranty of habitability as well as any other cost and expenses that the court deems appropriate. As the premises violated the implied warranty at the time the lease for the Premises was executed the Consumer Protection Law applies and entitles the Plaintiff to treble damages and legal fees including but not limited to filing fees, attorneys fees and expert witness expenses. ohn A. Davidson ID No. 2005003 Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in this Complaint are true and correct. 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: g ~ M nica Hand Plaintiff RENTAL AGREEMENT THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that Tenant has read this lease and has had the opportunity to ask questions about the lease. THIS IS A LEASE. Tj~mothy Hogg _ is the ~ se $ ._a_e ae z, I ~ /~i~R~C~~ S~RF~ f , Landlord. 's the Tenant. tm~t # 0 0 r,~' 1 ~ ~ ~. G~ This lease ends on~~ ~ ~ ~,~~ Tenant must Notify Landlord in writing Sixty days efo the end of this lease that Tenant is moving out. If Tenant does not notify Landlord that he/she is moving out, the lease will automatically become a month-to-month lease. In order to end the lease during the month-to-month periods, the Tenant must notify Landlord in writing at least 60 days before Tenant intends to move out. A full month's rent shall be due for any partial month in which Tenant occupies the apartment. The total rent for this lease is $~~, ~Q.Q~ (yearly) payable in monthly installments of $ $ 5 ,QQ Rent is d~xe in advance on or before the FIRST day of each month of this ;ease. Rent is to be mailed to the following address: Tim Hogg PO Box 624 New Cumberland, PA 17070 Rent CheQke^- er I~ic3n~~~ -OrderR are to he made out to "Tim Hogg" only. SECURITY DEPOSIT• The Tenant has deposited an amount equal to one month's rent ~ ~ ~5,~ as a SECURITY DEPOSIT. This security deposit is eld by the Landlord in full throughout the term of the lease regardless to the amount of the. deposit and applied to any damages to the apartment caused by Tenant, his/her family, guests or pets. The Security deposit can also be used fo•r any damages from breaking the lease, Tenant's unpaid bills, or not paying part of the rent due. At no time during the tenancy will any part of the deposit be refunded. Security deposit shall be refunded withia thirty days of the ead of the month is which the lease terminates. 1 Tenant MAY NOT USE SECURITY DEPOSIT AS REI~tT INCREASED RENT IF PAID AFTER THE FIRST DAY OF THE MONTH: Increased rent begins the FIRST DAY of the month. A ten dollar rent charge begins on the first day, and five dollars for every day after the first day of the month. These charges cover increased administrative costs and damages. ACCEPTANCE OF PROPERTY: The Tenant has examined the apartment and the apartment is in satisfactory condition. The apartment is leased in AS-IS condition. In the event that repainting, repair or other work to be performed in the apartment has not been completed, by the time the tenant is to move in, this lease will remain in full. f.o.rce and tena.~cx~, shall still be responsible for a].1 rents. Tenant agrees that no agreement is made to redecorate, repair or improve the apartment unless specifically written here: If tenant, for whatever reason, fails to take posession of the apartment, tenant is still responsible for all rents and obligations until Landlord can reasonably find a replacement tenant for the apartment. SMALL REPAIRS DIIRINa TENANCY: Tenant is responsible for small repairs such as stuck windows, loose screws, backed up toilets/bathtubs/sinks. Tenant is also responsible for lightbulbs and fuses as they become necessary. Landlord shall decide what repair is considered "small." UNDISCLOSED REPAIR - It is the Tenant's responsibility to report any condition that could be dangerous or wasteful immediately to Landlord. In the event Tenant has not notified Landlord of a needed repair or condition, any liability and/or financial responsibility shall be assumed by Tenant. .. _CLEANLIIJE3~. ..'tenant ~g,rees to keep apartment clean, avoid a garbage build-up and place garbage in outside receptacles. Tenant agrees that any pest infestation as a result of his/her apartment's not being kept clean is breaking the lease. Any pest control services will be charged to the Tenant. OCCIIPANCY AND USE: The apartment is for use as a residence by the named Tenants who have signed this lease and their children. Tenant will not use this apartment for any type of business. Tenant will not use the apartment for disorderly or unlawful purposes, or in any manner offensive to others. Tenant will obey all Federal, State, County and Local laws. 2 APPLIANCES: Any appliances which are in the apartment are there at the convenience of the Landlord. Landlord agrees to remove appliances if the Tenant asks for removal. The repair and maintenance of all appliances is the responsibility of the Tenant. RULES: "Rider A" contains a list of rules that the Tenant shall follow. If Tenant Breaks any of these rules, he/she is breaking the lease. UTILITIS3 - Landlord is responsible for paying the following: y~~,'(~,~garbage, sewer, Tenant is responsible for paying the following: Electric, cable, telephone, gas, plus any other service acquired whether by law or otherwise, not mentioned as a Landlord r..espor_sibility. If tenant in the sole disgression of the landlord overuses or uses wastefully a utility that is paid by landlord, the excess cost shall be assumed by tenent. Tenant ERPENSESs Landlord will not allow any deductions from the rent or charges to any account of the Landlord for any purpose by the Tenant. CHANGES: No changes will be made, and no painting or redecorating is done to the apartment without written permission from Landlord. Tenant will not drive nails or screws into the walls or the woodwork. KEROSINE HEATERS: No kerosine heaters are allowed in the apartment. INCENSE AND CANDLES: Tenant understands that candles and incense cause soot to build up on walls and surfaces. In the event that landlord or landlord's employees determine that candles or incense has been burned in the apartment, the cost of any and all painting, cleaning, etc. shall be paid by tenant. CHANGE OF Tenants: Only the Tenants named in this lease may use the leased apartment. Tenant may not give the apartment to anyone else to use. Tenant must request a new lease if different people are in the apartment than those named on the lease. If Tenant is transferred during mid tenancy, Landlord will reasonably look for a new Tenant for the apartment in order to relieve Tenant of lease responsibility. Landlord reserves the right to charge tenant for time spent acquiring new tenant $100.00 flat fee and cost of advertising. PETS: Pets are not allowed in the apartment without the written permission of the Landlord. 3 _.. ~ IN3P CTION: Landlord or his employees may enter the apartment at for the following reasons: To inspect the apartment 2. To make necessary repairs 3. To protect the apartment from damage 4. To show the apartment to prospective Tenants or buyers MOVING O[JT: Tenant will leave the apartment and all property of the Landlord in good clean and operating condition, except for ordinary wear and tear. Tenant will clean the apartment, including any appliances, cabinets, baseboards, bathrooms, and remove all tressh from the apartc~ent. Tenant to steam clean carpets before move-out date and a receipt is to be turned in with the keys. If cleaning and trash removal is not done by Tenant, the Landlord will clean the apartment and remove trash at the expense of the Tenant. A service fee of $25.00 per contractor shall be aplied to the secuity deposit if tenant does not steam clean or properly clean the apartment. Tenant will bring all keys to the Landlard within 24 hours of moving from the apartment. LIABILITY OF Landlord - Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in or around the apartment unless the damage or injury results directly from the Landlord's ~ negligence. BREAKING TfiE LEASE: If the rent is not paid when due, and/or the Tenant does not perform in a manner consistent with this lease, he/she shall have broken the lease. The entire rent due for the rest of the lease is due and payable immediately. Any court fees, attorney's fees, collection fees, fees for paying rent after the first of the month, plus an amount equal to two month's rent for damages and administrative costs shall also be due. NOTICE TO QUIT: Tenant understands that he/she is giving up the right to any ten day, fifteen day, thirty day, or ninety day notice to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAPERS CAN BE IMMEDIATELY FILED IN COURT. 4 PAYING LATE RENT: If Landlord allows Tenant to pay rent late or break any rule at any time for any reason, this does not give Tenant permission to pay late again or break the rules again. NOTICE: This agreement is the Notice to Tenant of all rents due and obligations of the Tenant. Tenant AGREES THAT NO ADDITIONAL NOTICE OF RENT DUE IS NECESSARY. STORAGE: No storage rights are given under this lease. The Tenant agrees that neither the Landlord or his employees has any responsibility for loss of any kind to the Tenant's property. INSIIRANCEs Tenant agrees that Landlord requires that Tenant buy RENTER'S INSURANCE to cover damages to his/her personal property and cover liability for other people's property and casualty. Landlord shall be na~:ea as "~~~ r ~ ^ -' J''~""'~"9d" , and insurance agent shall provide proof of insurance to landlord for all renewals. Tenant understands that in the event that tenant allows insurance to expire or otherwise lapse, Landlord shall have the right to purchase renters insurance policy at tenants expense. Landlord further reserves the right to charge a fee for this service in the amount of $100.00 over and above the cost of insurance. ~ ~~~ Tenant' s Initials : ~ll~.~_/~ SEPARATE SECTIONS: The sections of this lease are separate. If a court finds that any part of this lease is illegal for any reason, that finding will not affect the remaining parts of the lease. LEAD PAINT: Tenant acknowledges that he/she has been, given a copy of the US EPA booklet "Protect Your Family From Lead in Your Home", and given time to read the information it contains. Landlord has no knowledge of lead paint in the apartment although Lead paint was commonly used before 1979. Any cracking or pealing paint must be reported to Landlord immediate y. ,-. Tenant's Initials:/~_ RIDERS (SPECIAL PROVISIONS): Special provisions in the attached Riders are part of this lease. ENTIRE AGREEMENT: This lease contains the ENTIRE AGREEMENT between the Landlord and the Tenant. Neither the Landlord nor the Tenant has agreed to do anything that is not written in this lease. REPAIRS BY Landlord: If Landlord is to make repairs to the apartment for damages that are not caused by normal wear and tear he will be paid $25.00 per hour plus the cost of materials to Landlord. PARKING: Tenant shall abide by all parking signs around apartment 5 1 buildings. be res on - removal of snow and ice from between vehicles an enan s all also be responsible for keepting the area around the clear of debris and shall not allow oil or other fluids to be spilled onto the parking lot. Special_Parking_//Instructions: TIiI3 Is A LEGAL DOCL]MENT. By signing, the Tenant agrees that the Tenant has read this lease, has gone through the lease with the Landlord and has had,..the opportunity to ask questions about this lease . ~ ~-~'~^~ Landlord DATE ~ ~ J~ TIMOTHY Tenant (S) DATE '-~ DATE 6 Rider A This rider is attached to and forms a part of the lease beginning ~lC ~~ z,W between Timothy Hogg, the Landlord, and Kt ~tfhe Tenant (s) . a e ~f rent and other charges payable by Tenant shall be ayable to Landlord and due on the 1st dy of the month. If received after the 1st day of the month, include a $10.00 initial penalty plus $5.00 for each additional day this reflects. la. Rent payments are to be made to Tim Hogg, PO Box 624, New Cumberland, PA 17070-0624. Please make checks payable to "Tim Hogg" only. 2. Tenant agrees that he premises are leased for use by Tenants family consisting of persons which consists of ~ adults and 'children. 3. Tenants are reminded that they should carry adequate renter's insurance to cover any losses or damage that may be sustained during occupancy of the above apartment. 4. No motorcycles, motor bikes, truck caps, or snow mobiles shall be permitted on the premises. 5. No boisterous parties or unnecessary noise permitted. 6. No antennas allowed on the premises. Only the Cable TV outlets provided shall be used. 7. Nothing that sticks to walls or cielings may be used including but not limited to scotch tape wallpaper, borders, stencils,tacky hanging wall products. 8. Pictures shall be hung by using standard picture hangers. Under no circumstances shall scotch tape be used to fasten anything. 9. Tenant shall not park boat, trailer, or disabled vehicles on property. 10. Tenant shall have two keys issued. Locks shall not be changed or altered and keys shall not be duplicated. 7 11. Tenant shall not make any alterations, additions, or improvements without prior written consent of the Landlord. 12. Tenant shall be responsible for small repairs (loose screws, stuck window, backed up toilets etc.). 13. Upon vacancy of apartment, the appliances and cabinets must be cleaned thoroughly before Tenant vacates said premises. 14. Upon vacancy of apartment, carpet must be steam cleaned and a receipt must be turned in with the keys. 15. Tenants are responsible for maintaining smoke detector with charged battery at all times (where applicable). Tenants are also responsible for reporting any non working smoke detector immediately to Landlord. 16. It is understood and agreed that the security payment in the amount of $~~.(~(~ dollars provided for under the lease for this premises as been paid. Under no circumstances may the Tenant apply the security deposit to their last months rent. 16a. The security deposit will accrue interest at a rate of 1.75 yearly, accrued yearly, beginning after the first full year of tenancy has been completed. 17. In the event Tenant has not repair or condition, any liability shall be assumed by Tenant. notified Landlord of a needed and/or financial responsibility 18. In the event that Landlord is to make repairs to apartment that under the terms and conditions of this lease are not related to normal wear and tear, Landlord is to be compensated for time spent in the amount of $25.00 per hour; and materials at their cost to Landlord. 39. Tenant will be ohargEd $25.OU for any retuned check. Late fees will be applied to the date of restitution for said returned check. 20. Extraordinary garbage (tires, furniture, mattresses, appliances, etc.) is the responsibility of the Tenant to have removed at Tenant's expense. 21. Additional Tenant responsibilities: 8 22. These rules and regulations shall constitute conditions of tenancy, and violation thereof shall be a default under this lease. It is further assumed that these rules do not violate Local, State or Federal Law. In the aforementioned event, the regulation stated herein will become null and void, thus rendering precedence to the law. Date 1 ~!_^.. Timothy Hogg Tenant 9 Rider E FLOOD PROPERTY NOTICE TO TENANT This rider is attached to and forms a part of the lease beginning April 1, 2006, between Timothy J. Hogg, the Landlord, and Monica Hand & Joshua Traxler, the Tenant(s). THE APARTMENT YOU ARE RENTING IS LOCATED IN A FLOOD ZONE. This Rider is official notice that the Landlord assumes no responsibility for loss of any kind related to flood, rising water, flash flood, etc. Date e~' Landlord Landlord ',. Rider G Rental Guarantee This rider is attached to and forms a part of the lease beginning April 1, 2006 between Timothy J. Hogg, the Landlord, and Monica Hand & Joshua Traxler, the Tenant (s}. This document is by and between Timothy J. Hogg, Landlord and Marlin T. Fetterolf, an individual and grandfather of tenant, who will serve as guarantor of said lease. Guarantor, in consideration for the rents and covenants of said lease, pledges personally owned cash and assets of Guarantor to be used by Landlord to satisfy lease in the event of default by Tenant under the terms and conditions of this lease. Guarantor realizes that Landlord is relying upon Guarantor's guarantee of lease in an agreement that landlord would not otherwise make. Date! 0l (~ r; ~ ~~,s~_~~ ~~ C `~ Guarantor G ~-.w_~- Landlord Josh Traxler Monica Hand 211 Market Street Apt. C New Cumberland, PA 17070 (717) 774-2154 July 1, 2006 Iiogg Properties PO Box 624 New Cumberland, PA 1.7070 Dear Mr. Hogg, I am contacting you in regards to all the issues and concerns we have experienced since signing our lease on April 1, 2006. We have contacted you multiple times about all the issues we have been having with the property and many of them still have not been fixed. The major concern we have, is just too time consuming and stressful to have it taken care of. For these reasons, we would like to be let out of our lease and receive a full refund of our security deposit in the amount of $875.00. We understand that you are willing to help fix the problems but there are just too many. We are concerned with the health of our unborn child, 5-year-old daughter, and 19-month-old son. We have enough stress in our lives preparing for a new baby and don't need the added stress of waiting to have these problems fixed. Our concerns with the property are as follows: Our major concern with the property is the smell of dog urine that is still present. I had contacted you in mid-May to advise you of the urine smell. You had requested us to find out where the smell was coming from. I advised you that we weren't sure where exactly the smell was but thought it was in the first half of the living room and in front of the step leading into the bedrooms. Mark, the maintenance man, came about a week later to put sealer down on the cement underneath the carpet on those areas only. That day we had spoken on the phone about possibly moving us into a new location, due to the amount of problems we have akeady been through. The location in Lemoyne was not an option. The windows were too low to the ground on the 2°a floor and there would not have been enough room to put 2 children. in a room comfortably. In mid-June I had contacted you again to advise we still smell dog urine in the living room and now in my daughters room. You seemed to think it was a humidity issue and provided us with 3 air conditioners to use to help the smell. You had asked me if we were using the air conditioners yet. I advised you that it was not hot enough to use the air conditioners. You made us feel as though we had to use them just to help the smell. We should be able to decide if we want to use them or to just open the windows. I had also asked you, what to do if the air conditioners don't help the smell. We have recently put the air conditioners in the rooms and that has not helped the smell. I feel as though this is not our problem and all we have done since we moved in, is contacted you with issue after issue. At that time, you were asking us to locate the exact spot where the smell was coming from but we feel that the entire room should have been treated. It is now July 1St and we still have not been contacted to schedule a time to take care of this. Meanwhile, my daughter is not able to sleep in her room due to the strong smell. Our second major concern is in regards to possible mold in the house. On June 28th a friend came to help us put are belongings on the 2"d floor due to a possible flood. He was only in the house for about 4 hours and is highly allergic to mold. When he left that night he began to itch, developed a migraine, and had flu like symptoms. He feels as though there is some type of mold in the house. I had contacted the local Health Inspector to verify that those are side effects to someone who is allergic to mold. He has confirmed that those can be side effects. I had also made him aware of all the issues we have been going through. He has advised me, that it would be in our best interest to just get out of the lease. He feels that the property has too many questionable concerns. Since we have been living here, we have felt as though we have been mislead on several issues. Upon signing our lease, your assistant told us that the house had never flooded, yet we are in a flood zone. We have learned that the house had flooded twice in the past. We were also informed at that time that the house would be power washed, as there were excessive amounts of dirt built up on the exterior of the building. When we had asked Mark when the power washing would be done, he told us to do it ourselves with a hose since he is the only maintenance employee on staff. We were told this would be done, and it still has not. Simply hosing down the outside of the house would not be sufficient due to the excessive amounts of dirt. When you came by to look at the house problems, you had commented on there being mold in the downstairs bathroom so bad that the drywall had to be replaced. The wall where the shower. had a leak was not replaced. Additionally, we were misinformed of the number of dogs, which previously resided in the house. When speaking to you in mid-June about our concerns with the urine smell you told me that there was one dog on the lease and one that was not on the lease. We have since learned that there were up to 5 or 6 dogs living in the house. Below is a list of some other things that were not fixed yet: • When it rains, water comes in the house through the attic vent and onto the living room tiles. • Bent screens: One in the living room and one in our son's room. • Windows without screens: In our daughter's room and all but 2 upstairs. • Unbalanced fans: the only 2 upstairs (was told to fix it ourselves) • Washer and Dryer that does not work: We received the washer and dryer from you that we went and picked up ourselves and had to install. We were not going to buy a washer and dryer due to having to take cabinets off the wall in order to put in and possibly damaging something. We decided to accept this washer and dryer due to you providing us with it. When taking the cabinet off the wall, the paint had come with it. We had asked you if we would be charged for that. You advised us we would not due to the cabinet being put on day or day after wall was painted. I hope that you can understand our concerns and frustrations with everything that we have been through. Furthermore, please refund our security deposit in addition to allowing us out of our lease. These decisions will be important for our children. We would also like to hear back from you within a week with an answer to our request. Also, if you have any questions or concerns please feel free to contact us. Thank you for your time and understanding. Sincerely, Monica Hand Josh Traxler CC: Hogg Properties and District Judge Charles Clement 07/12/06 Hogg Properties, LLC PO Box 624 New Cumberland, PA 17070 (717)761-3621 Monica Hand 211 Market Street Apt.#C New Cumberland, PA 17070 Dear Mr./Ms. Hand: This letter is in respose to your letter dated July 1, 2006. ,__ __. think we have~~ddress~d ~ab~iirdividual issue as tfiey came up~ Several work-orders have - been generated as a result of your requests and these items have been dealt with. Even though we do not smell the dog smell, we have given you air conditioners to eliminate any possible dampness due to humidity. I will send Mark over, who has a keen sense of smell, to seal the side of your daughter's room that you think is worst, then he'll do the other side. Mold. is an issue that requires testing. It is present in every home and very few species of mold are shown to be harmful to humans. With regard to "misleading you", we have tenants sign a Flood Property Notice addendum to the lease in the two properties we own in the flood zone. You signed that notice. The property has not flooded in Georgette's tenure with the company and the house has flooded twice since my ownership. The items that you are requesting to be worked on will be repaired.except for the washer/dryer and the unbalanced fans. A penny and a peice of tape can balance a fan. The washer dryer shall be hauled away. I only provided them as a nice thing to you and all you want to do is complain about them., - .- -- - In light of your feelings regarding ±his property, I do not want unhappy tenants. I will let you out of your lease according to the enclosed early exit letter. There will be a $100 charge to reimburse me for some of the rerental costs and this is covered in your lease. Please note that the conditions for early lease tzrmination are non-negotiable. I hope this will take care of your issues. Sincerely, _ ,--- ~~ ~l~,b~-~ ~ ,~ bleeding of the lungs in an infant under 6 months old and also can cause SIDS. We feel that that type of mold is present in the house. We have provided you with information on mold and where it grows and effects it has on people. We have contacted someone to test the complete house for harmful molds. Since there has been an abundance of water damage in different spots for about 4 %Z months we feel it is in our best interest to have the entire house inspected for mold. We have made it very clear that it is a concern of ours in the July letter we had sent you. I, Monica have been experiencing chronic severe headaches, nausea and vomiting for the past month. We have done a lot of research on mold and have contacted several people to have this issue taken care of. We are paying for it and taking it out of our rent that is due October 1St 2006. The amount to have entire house inspected for mold is going to be $650. Again the rest of October's rent will be put into an escrow account. That includes an outside air sample, inside air sample, swab of the wall where the downstairs shower had a leak for about 2 or more weeks, samples of insulation is going to be sent to the lab, house will be inspected for possible leaks where water maybe coming in at, a part of the carpet will be pulled back and tested, and where ever else the Inspector feels needs to be tested in the house. In the event that any kind of harmful mold has been found we will be moving out immediately with no further payment due. In the event that mold is not found to be harmful we will put October 1St rent into an escrow account. If an attempt has been made for all other problems we will hold our rent until all problems have been corrected. That includes ALL of our requests that haven't been fixed in the letter sent in July. The only thing that has been fixed or almost fixed is the bedroom to the right with strong urine smell. The carpet still needs to be laid down. Mark came on or around August 15th to finally put the sealer down on the cement or concrete under carpet. We want these issues taken care of in ONE Month from today's date. You have until October the 7th, 2006 to complete ALL of our requests up to our standards or we have no choice but to move out with no further payment due. At that point we would like to have our security deposit back in full by November 7th, 2006. We want to let you know that we are very disgusted with the way the matters have been handled. As always, if you have any questions or concerns please feel free to contact Josh or myself. Sincerely, Monica Hand Josh Traxler September 7th 2006 Monica Hand & Josh Traxler 211 C Market Street New Cumberland, Pa 17070 (717) 774 -2154 Hogg Properties PO Box 624 New Cumberland, Pa 17070 Dear Tim, We have made numerous attempts to resolve multiple issues with our home amicably through both phone conversations and in writing. However your continued lack of action and written response to ignore these issues, which could cause harm to all of us. You have left us no other option but to hold our rent in escrow until these possible health issues are resolved. Consider this the 2"a notification of the following issues, 2 of which are new issues. The 2 new issues aze the baseboazd heater shorting out and trash. The living room smells horrible. It smells mildewy and musty when the windows aze opened and/or closed without the air conditioners on. On August 31St at 7:45am I, Monica turned off the air conditioner and opened the windows to let some fresh air in. By 9:OOam in the morning I had to shut the windows and turn the air back on due to the strong musty smell. Josh reopened the window on Friday evening on Sept. 1St and it is now Thursday September 7th, 2006 and the smell is still really strong. We thought the smell might go away in a few days with windows left open. We refuse to bring a newborn into a house that smells that bad. We want the smell out of the house if we have to continue to live here until you aze able to find a new tenant. On September 2, 2006 we smelled a strong electrical smell. We tried to find the source from which it was coming from. Finally after about a half hour of searching we discovered it came from the baseboard heater in the kitchen beside the refrigerator that wasn't turned on at all. We haven't used the heat since the beginning of June. It appears as though it shorted out somehow. We would like that to be looked at and fixed as well. The azea for which the tenants have to put their trash out on trash day is horrific. There aze trashcans on the ground that haven't been picked up for weeks and trash all over where our children and us walk to go into the house. It is despicable. We feel it is not our responsibility to clean up other people's trash. We have one trashcan that we use and that is the one we bought when we moved in. We would like that azea to be cleaned up as well. The last major issue we have is the possibility of mold that could be harmful to all of our health. We aze disappointed that you would respond in the letter dated in July, that MOST molds are not harmful to humans and every house has mold. Our newborn is coming within the next month and a half. We aze getting ready to bring a newborn into a house that could possibly have mold that IS hazmful to her health. A newborn's lungs, respiratory system, and immune system are not 100% when they leave the hospital. We have also come to find out that harmful mold such as Stachybotrys can cause stillbirths, bleeding of the lungs in an infant under 6 months old and also can cause SIDS. We feel that that type of mold is present in the house. We have provided you with information on mold and where it grows and effects it has on people. We have contacted someone to test the complete house for harmful molds. Since there has been an abundance of water damage in different spots for about 4 '/2 months we feel it is in our best interest to have the entire house inspected for mold. We have made it very cleaz that it is a concern of ours in the July letter we had sent you. I, Monica have been experiencing chronic severe headaches, nausea and vomiting for the past month. We have done a lot of research on mold and have contacted several people to have this issue taken care of. We are paying for it and taking it out of our rent that is due October lst 2006. The amount to have entire house inspected for mold is going to be $650. Again the rest of October's rent will be put into an escrow account. That includes an outside air sample, inside air sample, swab of the wall where the downstairs shower had a leak for about 2 or more weeks, samples of insulation is going to be sent to the lab, house will be inspected for possible leaks where water maybe coming in at, a part of the carpet will be pulled back and tested, and where ever else the Inspector feels needs to be tested in the house. In the event that any kind of harmful mold has been found we will be moving out immediately with no further payment due. In the event that mold is not found to be harmful we will put October 1St rent into an escrow account. If an attempt has been made for all other problems we will hold our rent until all problems have been corrected. That includes ALL of our requests that haven't been fixed in the letter sent in July. The only thing that has been fixed or almost fixed is the bedroom to the right with strong urine smell. The carpet still needs to be laid down. Mark came on or azound August 15th to finally put the sealer down on the cement or concrete under carpet. We want these issues taken caze of in ONE Month from today's date. You have until October the 7th, 2006 to complete ALL of our requests up to our standards or we have no choice but to move out with no further payment due. At that point we would like to have our security deposit back in full by November 7th, 2006. We want to let you know that we are very disgusted with the way the matters have been handled. As always, if you have any questions or concerns please feel free to contact Josh or myself. Sincerely, Monica Hand Josh Traxler JEM Environmental Mold 8r Moisture Assessment 141 West Louther Street Carlisle, PA 17013 Off ice 717-245-8543 Fax 717-245-2582 Date of inspection: September 16, 2006 Prepared for: Monica Hand Tenant Address of property: 211 C Market Street New Cumberland, PA 17070 Property Owner/Landlord: Hogg Properties LLC Prepared by: Erick C Jensen Background: JEM Environmental had been contacted by Monica Hand to perform a visual mold inspection, direct swab and air sampling of the home that she has rented from Hogg Properties LLC for the past S months. Monica Hand who was 8 % months pregnant on the date of this inspection had become concerned for her health, her unborn child and the health ofAlyssa age 6, and Daymn age 22 months after having observed water streaming down from the attic and onto the first floor ceiling tiles that then became saturated and stained Monica Hand also witnessed and photographed water that had entered the first floor bathroom wall from the,exterior of the homes Visible puddles and debris would collect on the,floor. The plumbing for the first floor bathroom which is located in the hot water heater closet had leaked into the hot water heater room side and allowed for black mold to begin to grow The resulting mold growth witnessed by Ms. Hand and the lack of a timely and effective response on the part of Hogg Properties to correct the leaks has created an unnecessary amount of stress for Ms. Hand at a vulnerable time in her and her baby's lije. Ms. Hand reports that the family has experienced vomiting, headaches, and Dayman had developed asthma at the age of 6 months. Inspection: Exterior: The entire yard is full of garbage, old furniture, and a old boat that belong to the landlord Old debris had been piled next to the road in the yard of this house. When 1 asked Ms. Hand about the debris she informed me that this belonged to the landlord ~~ti,b--~ ~- There is standing water on the portion of the home that has rubber roofing. There is a patch in this rubber roof that is cracking around the edges and air bubble can be observed when pressure is applied to the patching material which would indicate a hole and leak: There are visible cracks along the edges of the roof that may allow for moisture to enter the building. Some pieces of the siding are missing or are barely hanging onto the houses The general over all appearance of the exterior is one of needed repairs and lack of maintenancew This did not and could not have happened over the course of the five months that Ms. Hand has rented the home. The elevation of the road is slightly higher than the grading around the home and I could see where runoff could have collected against the exterior first floor bathroom wall and seeped inside. Interior: First impression: After having seen the debris stacked in the yard I had expected to observe similar conditions inside the home but this was not the case. I found the interior of the home to be free of clutter, and clean even though the house is old and there are young children living here. Kitchen: The floor covering is vinyl that changes to carpet as you enter the living room. There are visible water stain marks in the ceiling tiles. When I remove the tiles from the grid I could see visible mold growth and water marks around the areas where a second floor drain enters the space between floors. The are other stained ceiling tiles that do not have pipes above them so I believe the water must have traveled to the lower areas of the ceiling either from the pipe leaks or water coming from the roof and running down the walls. Direct swab sample number 2 was collected from the mold growth above the ceiling tiles. The laboratory results for this sample indicate high spore counts for Aspergillus/Penicillium molds. Hot water heater closet: There are signs of leaks, water staining and visible mold in the drywall around the first floor bathroom plumbing. Direct swab sample number 1 was collected from this area The laboratory analysis of this sample indicates a high presence of Stachybotrys, and Aspergillus/Penicillium molds. AU three of the molds found have species that can be considered toxin producing, allergenic, and particularly opportunistic to inferting the very young and developing, the elderly, and to persons with suppressed immune systems. Stachybotrys is the black mold that has been in the media lately. Stachybotrys is a good indicator of a water leak that has been continuous. Stachybotrys requires a large amount of water over an extended period of time before it will begin to grow There are no acceptable levels for Stachybotrys in a home and especially since in this case it does not occur in the natural outdoor environment surrounding this home as evidenced by sample number 3 the outside air sampling. LivinP room: There are several soak and stained ceiling tiles. Above the ceiling tiles is soaked fiberglass insulation. Most of the stained ceiling tiles are located along the perimeter wall that faces the commercial building. Above the soaked fiberglass insulation is damaged and mold infested floor joist and flooring. The carpet in this room has a distinct odor. Sample number 4 the firstfloor was collected in the area between the living room and kitchen. When comparing samptes to determine if a mold infestation exist in a building we compare the mold counts and the mold types or species from indoor samples with and outdoor environment sample. Because of the amount of rotting debris in the environment surrounding this house the outdoor sample is very high when compared to the indoor samples. If the debris were removed I believe the outdoor sample count would be much closer to the indoor samples. I routinely find mold spore counts anywhere between 100 to 500 in an average home and I consider SDO to be slightly high, but in the case of this home we find higher than average counts indoors for Aspergillus/Penicillium 1390, and Cladosporium at 1350. The biodiversity indoors dyers from that found in the outdoor sampling. Stachybotrys, Curvularia, Bipolaris, and Tritirachum molds have been found indoors, but not outdoors. Remember Stachybotrys is a hydrophilic mold so that its spores are heavy and not easily made airborne unless it has begun to dry ouk This makes Stachybotrys hard to detect utilizing air sampling methods only. First floor bathroom: This is the bathroom that had flooded and been photographed by Monica Hand Ms. Hand has of course cleaned the resulting water and debris up but` I obtained higher than average moisture meter readings in the drywall, trim and vinyl floor that would tend to substantiate the photographs taken by Ms. Hand Attic: There are water stains and mold growth around the chimney roof areas, and on the roofing boards at both ends of the attic. The roof above this part of the house is comprised of asphalt shingles. Conclusions: There are existing and active leaks. The house has a long history of water intrusion and leakage issues. There is visible water dama.,ge and staining in the drywall, ceiling tiles, and in the attic roof. • Stachybotrys mold has been discovered which indicates that there has been a steady source of moisture over an extended period of time showing that the leakage and intrusion issues have existed before Ms. Hand arrived • There are landlord maintenance issues that have allowed for the moisture and mold problems. • There is an abundance of debris that does not belong to the tenant that has been left in the front, sides and rear yard that would increase the mold growth directly outside of the homes • Even though the tenant is in the advanced stages of pregnancy and has two small children to take care of the house is not dirty or overly cluttered • There is an existing mold infestation in the space above the first f loot ceiling tiles, hot water heater room, and most likely inside the bathroom perimeter wall cavity. Smaller amounts of mold occur in the attic. Recommendations: 1. All moisture intrusion problems and leaks should be ftzed 2. All first floor ceiling tiles and insulation should be removed and the exposed floor joist and flooring examined All visible molds should be treated with a fungicide and sealed with a sealer and mold inhibitor mixture. Deeply mold infested materials, fiberglass insulation and water stained and mold infested ceiling tiles should be discarded and replaced with new materials. 3. Mold and water damaged drywall should be treated with a fungicide, removed and replaced 4. The first f loot bathroom perimeter walls should have the drywall and baseboard trim should be completely removed treated in the same fashion as the ceiling and the drywall and baseboard should be replaced with new. S. The entire fast floor to include all walls, ceilings and f loots should be HEPA vacuumed to collect any dust and mold spores. 6~ During the remediation process air filtration machines with built-in Ui~ C germicidal lamps should be utilized to collect and kill all airborne mold spores. Negative air pressure can be utilized in lieu of specialized air filtration. 7. Due to the health issues reported by Monica Hand, her advanced pregnancy and the ages of the small children I would advise Ms. Hand to provide a copy of the laboratory results to her personal physician and family pediatrician for proper diagnosis and medical advice. Once the personal healthcare professionals have reviewed this report and are aware of the living conditions they can provide further guidance in reference to whether or not Ms. Hand should stay in the home. It has been my personal experience after years in this industry and having personally performed hundreds of mold inspections and remediations that specifu mold types, species and amounts may affect each human being in different individualized ways or in some cases not at alL Respectfully submitted, JJ~~ Erick C Jensen President, JEM Environment Certified Mold Inspector & Remediation Contractor Contract expert consultant for bacteria and mold to the forensic engineering firm ARCCA Inc. Graduate of the U.SArmy Nuclear, Biological and Chemical schoob Consultant to several television news programs in WVA and PA. Member American Indoor Air Quality Council, Indoor Air Quality Association, National Association of Mold Professionals, Certified Mold Inspectors and Contractors Institute, The Better Business Bureau of Eastern PA and Washington DC. Consultant to the oldest Law Firm in Manhattan New York City Chadbourne -Park and the largest Law Firm in WVA. Author of "Mold Inspection and Remediation a Guide from Start to Finish"copyright 2003 the Library of Congress. Co-author Lorman Educational Services Seminar "Mold Induced Personal Injuries and Commercial Losses': ., ,~.. EMSL Analytical, inc, 10768 Balt9moro Avenue, Belfaavtlta, M[3 Z07Q$ r-hayne: 1)83fdi00 FaK: (3eq}l3P-67r11 Email;, lrel3mt111l1,t4~oinal.aQ~ Attn: ~erlitte ~@t1slll JEM ~n~rprise, LL.C. 147 W. Lotrther S~. Garlisl@, FA 17013 Prl~ject: Hand Fax: (71~ 245.2S8Z PhOnE: (717) 245.85~t3 Customer tp: JEMEt54 Custorner PQ: EMSL Crdar. 190t30faJ403 EMSL P-q: FtacpMld: 0911 Wd00t311:00 AM Maui! paste: OQ120/2008 ReF7axt Cato; 09121Mx00ti Miaroecapic Examinrdltion of FungaAi Spares, Fungal Structurfss, Hyphae, and Cther Particuiatos from Swab Samples (EM8L Method; M041) ± ab temple tuumbar: 190Q08403.0001 1p0808403.0002 Cfknt t~mpb fD: 1 2 f M KNchen Crs a Spore Types Category Category Cata;agOry Category Category Agrocybe/Ca7prirtus - Altemaria - - Ascoaporas - . Alpvrpf~lualPtttliglium High High Basidioapares - . 8ipalaris - - '~ Chaetomlum - - Cladoaporium - Curvutaria - Ep~xcum - Fullarium - - j c3eno~erma - Myxomyol~e - - Pataci~omycea - - PitnamyceslUlx(agium - Rumt - Scepulariopsia - S`tachybottys High - Taruia Tribt~Chum High - Unidentfiable Spoms - - o etas - - Ftbroue PaRirulate - Hyphai Freigment High High int~t Fraprnem - Patten - _ Sample t+lotaa: No dieoamsWs fleld blank wee aubmftted vdUl fhia group of samphs. CatepOry~ out nt ~ ~ ~: ; Sample a;onta'~sis huklnp structures and/or hyphae assocfatod wltn the sporos Rtara : 1 to 10, Lauv ; 11 to 10D .. ..... Medium : 101 to 1Cf70: High: > 1000 -- Jien Sao, Ph.D. or lrther approved signatory SanpNV wire iMWIVYO In good oonOlUCn unae~ olnuwaaN ndesy on ow upon. GM4L Araysaaa rtukNeil~ Aebatily imird b ee~t er MYy~h. ktlwpieteUa~ or the d~ oaMakxd In Ihk IMSL And ~I 0 ofpan~~ aty ror the~ampM cdlemon eotlNtl ~ Mal metnod~ ~lbrr. kr ~Praduced~ +nwd in A11, wHhvu wrtl~n avwovei by EMtII AnesynaLL xIHA HMW , e! LAP, ItiL1M Acendh~tfon ti01Nt M041-F1 THIS IS THE LAST PAttiE dF TWE REP4RTF malbn~ Nsted In this repot plensevtslttho ttrssouraas pie 1 EM$L Analytical, tnc. 1D788 Baltimore AvencKe, Beltsville, Mp 2Q7Q6 phuno: 341 8.17•l57t10 Faa: (30t t 937.b70f EmtiF; r Attn: Denise Jerlsert JEM Enterpris®, L.L.C. 141 Vii, Loather St. Garlislttl, PA 17013 PP4jeCl: liilrkd F>xt: ,?1 ~ 245.2582 Phone: (717) 245-$543 CustomerlD' JSMB84 Customer PO: RMSI Mbar. 1gOt308403 ~MS~ Prg; Received: 09I19/200a 11:Q0 AM Analysis Data: 09l20@D06 Repa1 Date: 0g121?~008 Air-O..Cell(~'^ ~ Cassette At-d lysia of Funga l Spares ~ CJtherAirbarne Rarticulates by Optic al Microscopy ( lwNtSL hliethod M001) t.sb Stmpts Nunlbsr: 1p0E308403.0003 1g0808403-0DOd CINt1t Stmpls fOc 3 4 volums: 1013 100 9~un I n: butsjd lttti t3 rt T Count/rn" m" Caunt!m" +~9jocYbelCopt7nua 2440 _ Altemaria 165 g$ Atcatponas 5880 183 ASpergillusrPaniClAlum 2810 1390 l3ao-diospora~ 8f13D 396 8ipolatis - 33 Chtetomitm - Cladorporlum solo 1350 CuMllaris - 132 fcpiooccum 66 33 Fusarium ~annderma 893 6$ Myxot'nyCate 33 297 Paaclbmyoes - P1lttamycasrulociadlum 6tS 132 Rust Soopulariopcis - - Stschybdrye - Torult - - Unldsntifitbl0Spores . _ es - _ Total Fu i 274W 4030 Fibrous Padioulats - Hyphtl Frtgtrlfnt 284 inset Fragment - 165 Pollen 49 Anpiytlcsl Sonsitivity 33 33 Skln Fratgrrttents (1.4) 0 3 rou11d 1-8 1 4 NO discirnaWe fls•ti blank wet tulxnltted with this pnaup of ttmplss . ,., 8~m ploy rtcMwd In good aorKikbr unlw:e vlhoMnw noMtl. .. , . ... p ., ,: H!qt uwt" o! ewokp-euno pMkuNt~ an eooo~er tpont trod arses prttouiaue losdittp to untlant8metlon. : ~., . d round IwNt of d ladbtte to ovMadnp o' btokar~und psnloulntt: proMblgna aoourete atooNor srd q~ontifieatlon - " ~ ~ . Tho on ibnlt 4 titWl to ant funpN spenr, etrvdun, pelNn, neetpulle!s or N"kt as4monL Jlon Boo, Ph.[1. Prestrt!" Spero pant! durtq fddHOnal tan stlavor maQ. fits ntxn reutov only to the "nMpas ntpb!tatl !nd ptAynM be rrproeutytl, Or OtMtN' ttppr'oMed 9lgrttggy wept In 1Ui1, wlUwut wrtn~t apowl by lMSL Rwu'~ nsMa ral bsr+ wjustetl rer riUe nr Iseerettxy b1enN untosa otMnuut+ rates. AIF1P1 tiMLAr' . ELL~I'. HLAP A:arrddokan M1+02887 SP-var2 THIS IS TWE LAST PAGE OF THE REPORT. page 1 ~ ' C t'? " ~ ~ c'~ ~ _~ ~ y -.~ -~' ~, -- ~ ~ ~ , ,, .c_ f ? ` - , ~~ f 'f ~ .r" n '~ -' { ~) _ .~ V ' +.~ ,. ~ r" MONICA HAND : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. : N0.07-4225 CIVIL TERM TIMOTHY HOGG CIVIL ACTION Defendant :LAW AFFIDAVIT OF SERVICE I, John A. Davidson, hereby verify that on 24th day of January, 2007, I served the Defendant with a true and correct copy of the Complaint by one of the following methods: (CHECK ONE) ( X) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 28th day of August, 2007. The return receipt signed by the Defendant is attached hereto. ()The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at the following location and time: on the day of _ , 200_, at o'clock. 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. Section 4904 relating to unsworn falsification to authorities. Date: August 29, 2007 t ohn A. Davidson } H s ^ Gorr>ptete items 1, 2. and 3. Also complete item 4 ff Restricted Delivery is desired. ~ -Rslot.~rournamv and ~ldrt3s~ er~the nive!'~e so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Article Addressed to: ~ 0 4 0 ~ 6' ;Z,cf /~~~a A 3ignahxe X r,_.... ^ Addressee l nrernel _ ~. tie oTDeMrery D. eddness from item 1? ^ Yee ff YES, enter delivery below: D No ~~~~~~~~ 3. Service type O Certified Mali O Expreaa Mali D Registered ^ Return Receipt for AAerrfiandiee ^ insured Mail ~ G.O.D. 4. Restrk;ted Deiivery/1(Extrn Fee) lea 2. Amide Number (AMin~M few i1~ri>f^ bbd ~. Phi i1~oRn 1. Filmy ~OOr< Dam 111fitna 1M~rt rosiws+oMaiwaa~o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA HAND PLAINTIFF VS. : NO.07-4225 CIVIL TERM TIMOTHY HOGG CIVIL ACTION Defendant :LAW '~ IMPORTANT NOTICE DATE OF NOTICE: September 20.2007 TO: TIMOTHY NOGG DEFENDANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT'I'I'N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DA'CTE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARIING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT:' HAVE A LAWYER, GO TO ORTE[FPHONETI~OFFK;ESEfFC)RTHBII.AW.THCSOFF~CAN PROVIDEYOUWfIHII~1FURMATIONABOUf HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE T( PROVIDE YOU WITH Il~IFORMATIONABOUTAG~THATMAYOFFIItIEGALSERVK~'ICU II~Cd~BIEPFRSONSATA~ FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ¢-r-. a ~~:..,~_ john A. Davidson Attorney for Plaintiff Address: 208 N. 3`d Street Ste 130 Harrisburg, PA17101 Attorney for: Monica Hand Telephone: 717-238-4043 Supreme Court ID No.: 200503 q `• ~:~ ~ ~` .F" ,~... ~ ~~ ~ --~ ..t s~ David J. Lanza I.D. No. 55782 356 North 21st Street Camp Hill, Pennsylvania 17011 (717} 730-3775 Attorney for Defendant MONICA HAND, Plaintiff v. T1M HOGG, Defendant PRELIMINARY OBJECTIONS NO. 07-4225 CIVIL ACTION -LAW 1. Plaintiff s Complaint fails to state a claim upon which relief can be granted. 2. Plaintiff's Complaint is inconsistent with the exhibits attached thereto. 3. Plaintiff's Complaint, at ¶ 8, alleges that Defendant represented that the premises had never flooded. 4. Such averment is inconsistent with Exhibit A of the Complaint, which contains a "Flood Property Notice to Tenant" (Rider E). 5. Pursuant to Plaintiff's own exhibit, it is clear that Defendant provided notice to Plaintiff, in prominent capital letters, that the property is "....LOCATED IN A FLOOD ZONE." 6. Plaintiff fails to set forth any actual damages. 7. Plaintiff fails to allege that Plaintiff suffered any actual harm, regardless of the truth or falsity of the allegations regarding Defendant's conduct. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 8. Plaintiff refers to treble damages, but fails to state what amount Plaintiff seeks to triple. 9. Plaintiff fails to set forth any losses that would place Plaintiff in a different position than any individual that had not rented an apartment from Defendant. Wherefore, Defendants demand judgment against Plaintiff and that Plaintiff's Complaint be dismissed. Respectfully submitted, David J. Lanza Attorney I . D. No. 55782 356 North 21St Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendant 14-32 CERTIFICATE OF SERVICE AND NOW, this 28th day of September 2007, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: John A. Davidson, Esquire 208 North Third Street Suite 130 Harrisburg, PA 17101-1513 Dav d J. Lanza ~_ 2` ~ ~ <<==s - _.,.~ "rt t.r;' Ci7 - - `~.~ ,1 f-T--t r:~ - ' _ c~ - ~ : r ,. a:~,~ ....w . t ~:.~ ~,,~ r~r 1{ ~, R