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03-4993
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS N& NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comrno~ Pleas an appeal from the judgment rendered by the District Justice off the 7.13 I~. Pp, tNc. e,~s'l~ ~~ ~, ~, 1~5~ I~c*~ I J ~ 0 o o - o lO01( 6 ~ti~ ~f~ Dl~ict O~t~e, ~ ~ST ~PEE~DEA5 ~ ~ j~ ~ ~ssi~ in this ca~ FILE A COM~AINT within t~ty (20) da~ aft~ filing his ~TICE of A~EAL. S~a~ ~ ~t~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectio~ of fom~ to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE.' To Prothoflotory Ente~ rule upon ~ [ ~,~ k, F R ~S ~' C~ ~ , oppelI.(s), to file a compk~int in this op~no~' (Common Pleas No, D~.~-~ 4 ~j~ ~ ~ )within twenty(20)days after ser~ul~f~, ~try of judgmer, t of non pros. (1) You am notified that a rule is hereby enteeed upon you to file a complaint in this appeal within twenty (20) days after the date of smvice of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule If service was by mail is the dote of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED W/THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANfA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No, upon the District Justice designated therein on (date of service) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, fr~ame) on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~ by personal serv:,ce ~ by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ....... DAY OF 5/gnature of afilar~. Title My commission exp res rn PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY ; ss AFFIDAVIT: I hereby swear or affirm that I served ~ ~a~c,°P¥?ftheN,oiiceofAp~pe~gcmmonPteasNo (~'~ -UlqQ=~ (aa[e o~ service/ ~ ~_ ' ~ ~-~~_: upo~,e ~lstnE Justicp designated t~rein on receipt attached ~; ~nd upon ~e appe~;~;"(~m~' _~¢/serv,~ ~_by (cerhfied) (registered) mail, sender's ther that I served the Rule to (il C nl~int ..¢ ..... ~ ( ) (e~l~ered) ~a~l, sender s recei t attached etD the Rule was addressed on e a _om. ........ ump~nylng the above No[ice of Appeal upon the ape[elide(s)to ~m mail, sender's receipt attach~8'~r~t07 ~ by persona1 service ~ by (certified) (registered) ED) AND SUB ~IBED BE(CREME ,/I NOTARIAL SEAL IP^MELA A SWITALSKI Notary Public , Shippensburg Cumberland Coufity ~ _M__..Oo__m~l_sssi~og Expires Feb 9, 2004 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature r-lAgent F'lAddmssee C. Date of Delivery Yom item t? [3 Yes If YES, enter delivery address below: C1 No Sei~,ice Type J~l~'~ified Mail Registered hlsured Mail 2. Article Number (Transferfrornservieelabel) 7003 0500 0000 8495 PS Form 3811 A,,n,,~+ '~nnt~ Express Mail 'for Merchandise 4. Restricted Delivery? (Extra Fee) 0 Yes 1947 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an oppeal from the judgment rendered by the District Justice a~ the 1..0~)_81~o ppea .. .... istridse. JUst', will OPerate asa ,,~. A C - si~ure o/~ro~t'onomr~' o,' ~ut~' ~ EN L ND RULE TO FILE (This sac~k:)n of fora3 to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary (Commor~ Pieos hkx ~)---~ "" - ~ ~ q 3 ) within twenty (20) days after se-vice c~m~e or)~tfer-eqtry of judgment of r~n pro~ · Narhe ~ ~;;~(s) {1) You am notified that a rule is hereby e~temcl upon yo~ to file a complaint in this appeal wi~?nin twenty (20) days after the date of service of this role upon you by personal service or by certified or reglstemcl mail. {2) If you do n~'J~ fil~ m campl~inC~withln this time, a JUDGMENT OF NON PRO5 WiLL BE ENTERED AGADLST YOU. (3) The date of service of this rule if service was by mc~l is the date of maili~l~l~~~~ ,/ AOPC 312-90 COURT FILE BECKI MILLER, HOLLY WOLFE, and TABITHA DELL, Plaintiffs : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4993 JOHN S. VAYANOS, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney .and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR RATE Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia 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, ia corte tomara medidas y puede continuer ia 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 law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importances para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SlGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMAClON A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVlCIOS DE UN ABOGADO, ES POSlBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMAClON SOBRE AGENClAS QUE OFREZCAN SERVIClOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BECKI MILLER, HOLLY WOLFE, and TABITHA DELL, Plaintiffs JOHN S. VAYANOS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4993 COMPLAINT AND NOW, come the Plaintiffs, by and through their Counsel of Record, Hanft & Knight, P.C. and Gregory H. Knight, Esquire, to file a Complaint against the Defendant in support of which Complaint the following statements are made: 1. On or about November 12, 2001, each of the Plaintiffs paid Defendant one-third of a security deposit to secure a twelve month lease of an apart~nent at the back of Defendant's residence at 213 North Prince Street, Shippensburg, Pennsylvania 17257. 2. On or about December 1,2001, the Plaintiffs and Defendant signed a Pennsylvania Plain Language Apartment Lease (Lease), the written term of which was to begin on May 15, 2002 and end on May 15, 2003. A copy of the Lease is attached as Exhibit A. 3. As required by Paragraph 3 of the Lease, the Plaintiffs made all monthly payments on or before the first of each month, though the lease term began in the middle of the month to the middle of the following month. 4. The Plaintiffs moved into the apartment shortly al~er May 15, 2002 and each Plaintiff paid one-third of each month's rent which was also $850. 5. The Plaintiffs paid rent for each month of the lease and in full compliance with all terms of the lease. 6. In accordance with the terms of the lease, the Plaintiffs made a payment on or about April 1, 2003 for the period April 15, 2003 through May 15, 2003. 7. The Plaintiffs surrendered or vacated the apartment befor~ May 15, 2003, the ending date on their lease. 8. Upon Plaintiffs' requests for a return of the security deposit, Defendant returned only one-half of the security deposit and in a hand written note to each Plaintiff Defendant stated that half of the security deposit was being withheld ". ·. [f]or Mays rent for half the month." A copy of the Defendant's notes are attached as Exhibit B. 9. Plaintiffs' claim is less than the compulsory arbitration threshold established by Local Rule 1301-1 of the Cumberland County Rules of Court. WHEREFORE, the Plaintiffs request judgment against Defendant in the amount of $425.00 plus interest; costs, including $103.10 for the District Justice hearing; counsel fees; and such other relief as this Court deems appropriate. Respectfully submitted, HANFT & KNIGttT, P.C. Attorney I.D. No. 30622 19 Brookwood A~Tenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Counsel for Plaintiffs BECKI MILLER, HOLLY WOLFE, and TABITHA DELL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4993 JOHN S. VAYANOS, Defendant AFFIDAVIT OF VERIFICATI(_)N · ' are tree and correct. I understand that false I verify that the statements made ~n the Complmnt statements are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Date: Becki Miller Holly Wolfe Tabitha Dell EXHIBIT A PENNSYLVANIA PLAIN LANGUAGE APARTMENT LEASE Notice to Tenant: This Lease contains waivers of consumer rights. If you do not meet your Lease obligations, you may lose your securiU deposit. You may also be evicted and sued for money damages. By signing this Lease, you are waiving certain i/aportant rights. The Landlord and Tenant agree to lease the Apartment on the following termz: . ................................ A D'-ORD: , .... .......... ................. ......... ' .... · ........... ...... .................... .................. Apartment ..,~r.~..,..~, ............................... ' ........ Bank for Security Deposit: ...~..£..C''.'~'~''~''C~'" ................................................................................................................................................................................... Term .....~ .... ~ ..... ':-" ....................... · .............. / ~ ~ l;;~ctric ,~lawn maintenance {~ snow removal ~ oil . · · dl . writer sewer ~ ~ ~-~c ...~.~.,,~ ............................. rminntin .other ........... 1...¥....,....~.'~'o.~' ~ ............... ~--'---~~'s a part of this Lease. ~ ~ Attached ~ a ...L.V~..,c~, ............... P g If Tenant fully performs ali terms of this Le~e, then Landlord Use The Apartment must be used only as a private residence ~i the Tenant. Only a Tenant named above may use the Apaament. However, this still remains subject to limits on who may legally occupy an Apartment of this size. 2. Failure to give possession Landlord shall not be liable if it cannot give Tenant possession on the beginning date of the Term. Rent sm'ts at the beginning of the Term unless Landlord cannot give possession (rent shall then be payable when possession is available). Landlord will notify Tenant when possesston ~s available. The ending date of the .Term will not change. 3. Rent, added rent The rent for each month must be paid by the first day, at Landlord's address. Landlord need not give notice to pay the rent. Rent must be paid in full without deduction. The first month's rent (and any partial month's rent) will be paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of th~s Lease. Whether or not stated as such, those other charges are consalered added rent. Added rant will be billed and is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added tent on time, Landlord shall have the same fights against Tenant as if Tenant failed to pay rent. 4. Term The Term will end on the date stated above. Notices are not required to end the Term. 5. Notices Any bill, statement, approval, consent, permission or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant ut the Apa~ment. If to Landlord, it must be mailed or delivered to Landlord's address. It will be considered delivered on the day mailed (or if not mailed, when left at the proper address). They must be given by (i) certified or registered mail, return receipt requested or (ii) hand delivery with written receipt. Each party must accept and claim the notice given by the other. Landlord will notify Tenant if Landlord's address changes. 6. Security Tenant gave security to Landlord in the amgunt stated above. The security has been deposited in the Bank named above and delivery o~ this Lease is notice of the deposit. If the Bank is not . . 's name and address named, Landlord wdl nolify Tenant of the Bank in which the security is deposited, as may be required by law. ffTcnant fails to timely perfo~ any term in this Le~se (such as paying rent on time), Landlord may use the security, ff the Landlord uses the sect~vlty, Tenant shall (upon notice from Landlord) restore the security. That amount is due, when billed, as added rent. At all times Landlord shall have the amount of security stated above. will return the security being held, in accordance with law. Tenant may not apply security to pay rent. If Landlord sells or leases the Building, Landlord may give the security to the new buyer or lessee. In that case, Tenant will look only to thc new buyer or lessee to return the security, and Landlord will be deemed released from all liability and obligations. Landlord may put the security anywhere permitted by law. Tenant's security will earn inter,'-st only when and as required by law. 7. Utilities and services Tenant will arrange and pay. for all utilities and services, except the utilities to be paid by Landlord as stated above. Landlord has no obligation to provide (or liability for not providing) the utilities Landlord pays for. Damage to the equipment or appliances supplied by Landlord, caused by Tenant's act or neglect, may be repaired by Landlord at Tenant's expense. The repair cost will be added rent. Tenant must not use a dishwasher, washing machine, dryer, freezer, heater, ventilator, air cooling equipment or other appliance unless installed by Landlord or with Landlord's written consent. Tenant must not use more electric than the Apartment or the Building can safely ean~. Landlord may stop service of the plambing, beating, elevator, air cooling or electrical systems, beeanse of accident, emergency, repairs or changes, until the work is complete. 8. Alterations Tenant must obtain Landlord's prior written consent to install any paneling, flooring, "built in" decorations, pavilions, ~nfilings, or to make alterations or to paint or wallpaper the Apartment. Tenant must not change or impair the plumbing, ventilating, ai~ conditioning, electric or heating systems. If consent is given, the alterations and installations will become the propan'y of Landlord when completed and paid for. They will remain as part of the Apartment at the end of the Term. However, Landlord may demand that Tenant remove the alterations and installations before the end of the Term. If Landlord wants them removed, Landlord will give Tenant at least 15-days' notice before thc end of the Term. Tenant will comply with the demand at Tenant's own enst. Landlord is not required to do or pay for any work unless stated in this Lease. ff a lien is filed on the Apartment or Building for any reason relating to Tenant, Tenant must immediately pay or bond the amount of the lien within 20 days. If not, Landlord may pay or bond the: llen. Landlord's costs shall be added rent. 9. 'Repairs Tenant must take good cam of the Apartment and ail equipment, prop. erty and fixtures in it. Landlord will repair the plumbing, heating and el~tfical systems, unless caused by Tenant's ' act or neglect. In that case Tenant must, at Tenant's cost, make all repai~ and replacements. If Tenant fails to make a needed repak or replacement, Landlord may do it. Landlord's costs will be added rent. 10. Fire, accident, defects, damage Tenant must give Landlord immediate notice of fire, accident, damage, or dangerous or defective condition. If the Apartment cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable (as long as not caused by Tenant). if part of the Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. If the Apartment or Building is damaged by fire or other casualty, Landlord may cancel the Lease. if Landlord decides to cancel. Landlord will notify Tenant within 30 days of the t'u'e or casualty, if not, Landlord shall have a reasonable time to repair. In determining what is a reasonable time, consideration shall be given to delays such as settling insurance claims, weather, public authorities, Tenant's act or neglect, obtaining estimates, labor or supply problems, or an9 other cause not fully within Landlord's reasonable control. If the fire or other casualty is caused by an .act or neglect of Tenant (or Tenant's family, employee, guest or invitee), then all repairs will be made at Tenant's expense. However, Tenant must still pay the full rent with no adjustment. The cost of the repairs will be added rent. If landlord repai/'s, Landlord is never required to repair or replace any fixtures, furnishings, personal property or decorations, but only equipment that is originally installed by Landlord. If cancelled, the Lease will end 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice, and pay all rent due ~ough the date of the fire or casualty. The cancellation does not release Tenant of liability in connection with the fire or casualty. 11. Liability Landlord is not liable for loss, expense or damage to any person or property, unless due to Landlord's negligence. Landlord is not liable to Tenant for permitting or refusing entry of anyone into {he Building. Tenant must pay for damages suffered and expenses of Landlord relating to any claim arising from any act or neglect of Tenant. If an action is brought against Landlord because of Tenant's act or neglect, Tenant will defend Landlord at Tenant's expense, with an attorney of Landlord's choice. Tenant is responsible for all acts or neglect of Tenant's family, employees, guests or invitees. 12. Entry by Landlord, signs Landlord may enter the Apartment at reasonable hours for purposes Landlord decides are necessary or desirable. At reasonable hours Landlord may show the Apartment to possible buyers, lenders or lessees (of the entire Building or land, or for the Apartment). Landlord may place "for sale" or "for rent" signs on the Apartment or Building. 13. Assignment and sublease Tenant must not assign ail or part of this Lease, or sublet all or part of the Apartment, or permit any other person to use the Apartment. Tenant must get Landlord's written permission each time Tenant wants to assign or sublet. Permission to assign or sublet is good only for that assignment or sublease. Tenant remains hound to the terms of this lease after an assignment or sublet is permitted, even if Landlord accepts money from the new assignee or subtenant. The amount accepted will be credited against money due from Tenant, as Landlord shall determine. The assignee or subtenant does not become Landlord? tenant. Tenant is responsible for acts and neglect of any person m * the Apartment including a new assignee or subtenant. 14.. Subordination and attornment This Lease and Tenant's rights are subject and subordinate (inferior) to all.present and future: (a) leases for the Building or the land on which it stands, Co) mortgages on the leases or the Building or land, (o) agreements securing money paid or to be paid to a lender, and (d) terms, conditions renewals, changes of any kind and extensions of the mortgages, leases or lender agreements. For example, if the Building or land is sold in a court proceeding known as "foreclosure," thc new owner may cancel this Lease before the ii' Term ends. Tenant must promptly exe.cute any. certificate(s) that Landlord requ~ests to'show that this Lease is so subject and !'. subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant. A new owner may want Tenant to remain as a tenant under this Lease. If the new owner requests, Tenant will sign an agreement recc,gnizing that. This is know as "attommerit.' 15. Condemnation "Condemnation" means that a legal authority can take the Apartment, Building or land by paying Landlord. ff all of the Apartment, Building and land is taken, the Term and Tenant's rights shall end when the authority takes title. If any part of the Apartment, Building or land is taken, Landlord may cancel this Lease on notice to Tenant. The cancellation date will be at least 30 days after the notice, ff the Lease is cancelled, Tenant must deliver the Apartmen~t to Landlord on the cancellation date, together with ail rent due to that date. The entire payment for any taking belongs to Landlord. Tenant assigns to Landlord any interest Tenant may have to any part of the paymenL Tenant shall not make a claim for the value of the remaining Term, or for Tenant's interest in the l.x. ase. 16. Construction or demolition Construction or demolition may be performed in or near the Building. This shall not affect Tenant's obligations in this Lease, even if it interferes with Tenant's venlilati/m view or enjoyment of the Apartment. 1"/. Tearing down the building If the Landlord wants to tear down the entire Building, Landlord shall have the right lo end this Lease by g~vmg s~x (6)-manth notice to Tenant. 18. No liability for tenant's property Landlord is not responsible for (a) loss, theft or damage to the Tenant's property, or (b) injury caused by the Tenant's property or its use. Landlord does not carry insurance for Tenant's personal property, Tenant will obtain and pay for that insurance. 19. Playground, pool, parking and other recreation areas It' there is a playground, pool, parking or other recreation areas, Landlord raay give Tenant permission to use it. Tenant will use the area at Tnnant's own risk and must pay all fees Landlord charges. Landlord".; permission may be cancelled at any time. 20. Sidewalks, steps, terraces and balconies The terms of this Lease apply to any sidewalks, steps, terrace and balcony, and they are considered part of the Apartment. Thc Landlord may make special m~tes for the sidewalks, steps, terrace and balcony. Landlord will nntify Tenant of socli roles. . Tenant must keep its steps, terrace and balcony clean and free frOm snow, icc, leaves and garbage. Tenant must keep nil screens and drains in good repair. No cooking is allowed on the sidewalks, steps, terrace or baicany. Tenant may not keep plants, or install a fence or any addition, on the sidewalks, steps, terrace or balcony, If Tenant does, Landlord has the right to remove and store them at Tenant'.~; expense. Tenant shall maintain its steps, terrace and balcony in good repair. 21. Tenant's certificate Upon request by Landlord, Tenant shall sign a certificate confu'ming the following: 0) this Lease is in full force and unchanged (or if changed, how it was changed); (2) Landlord has fully performed all of the terms of this Lease and Tenant has no claim against Landlord; (3) Tenant is fully performing all the terms of the Lease and will continue to do so; (4) rent and added rent have been paid to date; and (5) any other reasonable statement required by Landlord. The certificate will be addressed to the party Landlord chooses. 22. Correcting Tenant's defaults If Tenant fails to timely correct a default, Landlord may correct it at Tenant's expense. Landlord's costs to correct the default shall be added rent. 23. Tenant's duty to obey laws and regulations Tenant mast, a Tenant's expense, promptly comply with all laws, orders, roles requests and directions of all govemmental authorities, Landlord' insurers, Board of F'tre Underwriters, or s~mllar groups. Tenant wt pwmplly deliver to Landlord notices from any authority or groul Tenant will not do anytinng to increase Landlord's msuran¢ premiums. If Tenant does, Tenant must pay the increase premium as added rent. 24. Tennnt's defnult. The following nre not the only rights and remedies. They nre in ndditi(~n to those provided or permlttea by law. A. Tenant's Walrer of Notloes. Landlord shall not be required to give Tenant a notre of default, or an opportun~ to correct any default. Tenant also waives the right to receive a "notiCe to quit" or "notice to vacate" frem Landlord. This means Landlord is not required to notify Tenant to remove from (leave) the Apartment. Landlord may give Tenant a termination notice (but Landlord ns not obligated to give that notice). If given, the termination nodce will state the date the Term will end. Tenant must leave the Apartment and give Landlord the keys on or before the termination date. Tenant continues to be responsible as stated in this Lease. B. if Tenant, s appllcatlon for the Apartment contains any material misstatement of fact, that is a default. C. If (.1) the Lease is terminated; or (2) rent or added rent is not paid on time; or (3) Tenant vacates the Apa~ment; or (4) the Term has ended; or (5) Tenant has defaulted in any obligation under this Lease, Landlord may, in addition to other rights and remedies, take any of the following steps: (a) peacefully enter the Apartment and remove Tenant and any persqn or property, (b) use eviction or other lawful method to take back the Apartment and (c) sue for money damages. - D. If this Lease is terminated, or Landlord takes back the Apartment, the following takes place: (0 Rent and added rent for the unexpired Term becomes due and payable at once. (2) Landlord may relet the Apartment and anything in it. The reletting may be for any term. Landlerd may charge any rent (or no rent) and give allowances to the new tenant. Landlord may, at Tenant's expense, do any work Landlord reasonably feels needed to put the Apartment in good repair and to prepare it for renting. Tenant remains liable and is not released except as provided by law. (3) Any rent received by Landlord for the R-renting shall be used first to pay Landlord's expenses and last to pay any amounts Tenant owes under this Lease. Landlord's expenses include the costs of getting possession and re-renting the Apartment, including, but not only, reasonable legal fees, brokers fees, cleaning and repairing costs, decorating costs and advertising costs. (4) From time to time Landlord may bring actions for damages. Delay or failure to bring an action shall not be a waiver of Landlord's rights. Tenant is not entitled to any excess of r~nts collected over the rent paid by Tenant to Landlord under this Lease. (5) Money received by Landlord from the next tenant (other than the monthly reno shall not be considered as part of the rent paid to Landlord. Landlord is entitled to all of it. If Landlord relets the Apartment, the fact that ail or part of the next tenant's rent is not collected does not affect Tenant's liability. Landlord has no duty to collect the next tenant's rent. Tenant must continue to pay rent, damages, losses and expenses, without ~ffset. E. Tenant will pay Landlord all reasonable costs and expenses Landlord incurs to enforce this Lease. This includes attoroey's fees and court costs· 25. No jury trial Landlord and Tenant waive their right to a trial by jury in any action or proceeding brought by either against tine other, for any matter concerning this Lease or the Aparlment. · ' i Landlord's acceptance of rent or failure 26. No waiver, illegal ty to enforce any term in this Lease is not a waiver of any of Landlord'~ rights. If a term in this Lease is illegal or unenforceable, the rest of this Lease remains in full force. 27. Insolvency If (1) Tenant assigns propen'0t for the benefit of credntors, or (2) a non-bankruptcY trustee or receiver of Tenant or Tenant's property is appointed, Landlord may gave Tenant 30-day notice of termination of this Lease. If any of the above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses, without offset. · ' s Nollce of 28. Rules Tenant must comply wtth Landlord s Rule. new Rules will be given to Tenant. Landlord need not enforce Rules against other tenants. Landlord is not liable to Tenant if another tenant violates these Rules. Tenant receives no rights under these Rules. The comfort or rights of other tenants must not be in?tiered with. ~)'als means that annoying soundS, smells and lights a~ not allowed. (2) No one is allowed on the roof, Nothing may be used in, kept in, placed on or atlached to fire escapes, sills, windows or exterior walls of the Apam'aent or in the hallways or other areas. (3) Smoking is not permitted in elevators. Messengers and trade people must only usc service elevators and service entrances. Bicycles are not allowed on passenger elevators. They must be stored in designated areas. (4) Tenant must give to Landlord keys to all locks. Doors must be locked at all times. Windows must be locked when Tenant is out. All keys must be returned to Landlord at the end of the Term. (5) Apartment floors must be covered by carpets or rugs. No waterbeds are allowed in the Apartment. (6) Dogs, cats, bi;ds or other animals or pets axe not allowed in the Apartment or Building. Feeding them from the Apartment, sidewalks, steps, terrace, balcony or public areas is not allowed. C/) Garbage disposal roles must be followed. Plumbing fixtures and ail other property and equipment must be used only for their intended purpose. (g) Laundq, machines, if any, are used at Tenant's risk and cost. Instructions must be followed. (9) Moving fumlture, fixtures or equipment must be scheduled with Landlord. ?chant must not send Landlord's employees on personal errands. (10) Improperly parked cars may be removed without notice at Tenant's cost· (11) Tenant must not allow the cleaning of the windows or other part of the Apartment or Building from the outside. (12) Tenant shall conserve energy. (13) Tenant w!~ll keep the Apartment safe and clean, and will not store or bring hazardous or flam/nable materials into the Building or the Apartment. (14) Tenant will not throw anything from the Apartment. or hang or shake anything from sidewalks, steps, windows, terraces or balconies. 29. Representations, changes in Lease Tenant has read this Lease, All promises made by the Landlord are in this Lease. There are no others. 'rhis Lease may be changed only by an agreement in writing signed by and delivered to each party. 30. Landlord unable to perform Landlord may be delayed or unable to: (a) carry out Landlord's promises or agreements, (b) provide any service or utility required to be provided, (c) make any required repair or change to the Apartment or Building, or (d) supply any equipment or appliances required to be supplied. Tenant's obligations are not affected if that results from settling insurance claims, obtaining estimates, weather, labor or supply problems, public authorities, Tenant's act or neglect, or any other cause not fully within Landlord's reasonable control, 31. End of term At the end of the Tenn, Tenant must leave the Apartment clean and in good condition, subject to ordinary wear and tear. Tenant will remove all of Tenant's propertY, installations, alterations and decorations. Tenant will repair all damages to the Apartment and Building caused by moving, Tenant will restore the Apa~mant to the same or better condition as at the beginning of the Term· 32. Space "as is" Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apartment as is. 33. Quiet Enjoyment Subject to the terms of this Lease, as long as Tenant is not in dnfault~ Tenant may peaceably and quietly have, hold and enjoy thc Apa~ment for the Term. 34. Vehicles The use or storage of Teannt's or any other pessno's vehicle, whether or not parked or being driven in or about the parking area or gm'ages, if any, shall at all times be at the sole risk of Tanant. Should any employee of Landlord assist Tenant with parking, moving or handling Tenant's or any other pemon's vehicle or other pmpetty, that employee is considered the agent of Tenant or such other person and not of Landlord. None of them shall be liable to Tenant or4o any other person for the act or omission of any employee, or for the loss of or damage to the vehicles or any of its contents, or other property. Any vehicle or personal properly belonging to Tenant, which in the opinion of Landlord, is considered abandoned, shall be removed by Tenant within I day after delivery of written notice to Tenant. ff Tenant does not remove it, Landlord may remove the pmpen'y from the area, at Tenant's cost.'Landlord is not liable for damage to, or caused by, any vehicles. This includes property damage and bodily injury. Tenant will indemnify and defend Landlord for all liabilities. 35. Landlord's consent IfTenantrequiresLandlord'sconsentto any act and such consent is not given, Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money (or sub,'act any sum from the rent) becanse such consent wa~ not given. 36. Limit of recovery against Landlord Tenant is limited to Landlord's interest in the Building for payment of a judgment or other court remedy against Landlord. 37. Parties bound by lease This Lease is binding on the 38. Landlord Landlord means the o.wner of ~he Apartment, or the lessee of thu Buildiag, or a lender in possession. Landlord's obligations end when Landlord's interest in the Apartment is transferred. Any acts Landlord may do may be performrd by Landlord's agents or employee~.. 39. Paragraph headings The paragraph headings are for convenience only. They should not be used to interpret the Lease. 40. Furnishings ff the Apartment is famished, the famiture and other items are accepted as is. If an inventory is supplied, each party shall sign a copy. At the end of the Term, Tenant shall return them clean and in good order and repair. Tenant is not responsible for ordinary wear and tear. 41. Broker Tenant stat~ that an broker assisted with leasing the Apartment, except the Broker named in the heading of this Lea~e. Tenant will pay Landlord any money Landlord may spend if this statement is incon~.ct. 42. Landlord's occupancy in Building Tenant knows that Landlord occupies the Building. Tenant will not disturb or inconvenience Landlord, and will not interfere with Landlord's personal privacy or comfort. Unless Landlord specifically gives Tenant permission, only Landlord may use parking spaces, garages, Landlord and the Tenant and all parties who lawfully succeed to basement and attic areas, personal property and appliances (such as ,~k..o,..~eir rights or Ut, e their places. . .&washing machine or ckyer). . , ~i~atu~, e~e~ate ~ndlord and Tenan~hava s,gncd th~s ~ase a~e abo~ate. It m e~ctwc wh~ ~a~lo~d dchvcrs to Tenant a copy signed by all pmics. If more than one Tenant signs thB lease, their liability will be joint and several. This means that each B fu~e for performing all obligations, and for all payments. .... ................................ .................... .......................................... ess WlTN~S: ................................................................. .~ ...................................... W1T :.~..]L..I.Z~.~ ........................................... GUllY OF ~IYM~T ~ P~O~NC~ nat~ o~ Guarant~ ..[.~.Z.~.L2.~..~. ........................................................ Gu~ntor and addres~ ............................................................................................ , ................................................................................................................................. L R~n for ~nly I ~ow ~at ~e ~dlord would not rant ~* Ap~nt to ~e Tea~t unle~* I gu~t~ T~nmt'* ~o~, I hay* ~o ~t~ ~ ~dlo~ to enter into ~e ~* wi~ ~e Ten~[ I have a ~ub~mfid in~t in ma~ng ~u~ ~t ~ ~dlord ~nB ~ Pm~ to ~ T~n~t. ~ Gumnt~ 1 gu~ ~e full ~ffom~ce of ~e ~e b7 fl~e Tenmt. ~ Gusty i~ ab~olum ~d wi~out any condidon. It iaclud~, but ~ not li~ ~o, 0~e ~Tment of mm ~d o~er money ch~ges. 3. ~h~ng~* in L~a*~ ha*e no ~ffe~t ~i~ Gumnty will not be affected b7 an7 chango in the ~e, wha~oever. Thi~ include~, but i~ not limi~d any exlee~ion o~ tim~ or renew~. ~e Gu~amy will bind m* evee ff I m not a pm7 to those change~. 4. W~i~erofNolit* Id~n~thavet~beinf~medab~utanydehu~tb~Tenant.~waiven~tice~fn~npa~ment~r~therdefau~t. 5. Pe~orman~ ~theTenan~dehu~t~eLand~rdma~r*quimmet~with~ut~r~tdemandingthat~heTenant~m. 6. W~ivtrofju~lrial Igi~eupmy~ghttot~lbyju~inanye~imre~t~dtoth~*orth~Guaran~. 7. Ch~ng~ ~i~ Ou~ant7 can ~ chang~ oal7 b~ wdtten ag~ement *igned b7 all p~ie* to the ~e and ~* WITR~S: ............................................................................... GUA~TOR: ................................................................................................. Signatures STATE OF On [o~ tbe COUNTY OF ss.: before mc, a Notary Public in and of to m~ (or salis[aclod{y proven) to ~ ~c STATE OF COUNTY OF ss.: On before m~. a Notary Public in and' for the of pe~onaily appea~d known to me (or satisfactorily proven) to be thc p~rson(s) whos~ name(s) is/are executed the foregoing instrument for the purposes thcreln contained by signing the the same for thc purposes therein contained. EXHIBIT B BECKI MILLER, HOLLY WOLFE, and TABITHA DELL, Plaintiffs V. JOHN S. VAYANOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4993 CERTIFICATE OF SERVICE; AND NOW, this ~ ~ ,day of O C ~9~ _, 2003, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Complaint, by first class, United States Mail, postage pre-paid, addressed as follows: John Vayanos 213 North Price Street Shippensburg, Pennsylvania 17257 HANFT & KNIGHT Attorney ID No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17012;-9142 (717) 249-5373 Counsel for Plaintiffs BECKI MILLER, HOLLY WOLFE, and TABITHA DELL, Plaintiffs JOHN S. VAYANOS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4993 PRAECIPE To the Prothonotary: Please enter a default judgment in the amount of$528.10 in favor of the Plaintiffs and against the Defendant for failure to enter an appearance or file an answer to the Complaint endorsed with a Notice to Defend. The undersigned hereby certifies that the attached written Notice of intention to file this Praecipe was mailed to the Defendant on the date shown thereon, which was after the default occurred and at least ten (10) days prior to the filing of this Praecipe. HANFT & KNIGHT, P.C. Attorney I.D. No. 3 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiffs To: Curtis R. Long, Prothonotary Date: November 19, 2003 BECKI MILLER, HOLLY WOLFE, and TABITHA DELL. Plaintiffs JOHN S. VAYANOS? Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4993 NOTICE TO TAKE DEFAULT JUDGMENT TO: John S. Vayanos 213 North Prince Street Shippensburg, PA 17257 DATE OF NOTICE: November 6, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING 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 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland Couniy Bar Association Lav~Ter Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVZSO IPlPORTANTE A; John Vayanos 213 North Prince Street Shippensburg, PA 17257 (Defendido) FECHA DEL AVISO: Novmeber 6, 2003 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE ?ERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VA'YA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SER¥ICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 HANFT & KNIGHT, P.C. ~G .ego~ H.t~igl~ t,~/sq!i%[~'~ Attorney I.D. No. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: VS. ( ) Confessed Judgment ( ~ Other File No. ~)~) Amount D,u? Interest Atty'%com costs !L! TO THE PROTHONOTARY OF THE SAiD COURT: The undersigned hereby certifies that the below does not arise ()ut of a retail installment sate, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for reat property pursuant to ACt 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of C.,l~.~06¢\O~ County, for debt, interest and costs, upon the following described property of '[he defendant(s) . Vh ,c © .... PRAEClPE FOR A~ACHMENT EXECUTION Issue writ of attachment to the Sheriff of ~¢%~ County, for debt, interest and costs, as above, directing a~achment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of ~engthy personalty list) and all other property of the defendant(s) tn the possession, custody' or control of the said garnishee(s). (Indicate) index this writ against the garnishee(s) as a tis pendens against real estate of the Date defendant(s) described in the attached exhibit. la I ~o1~..~ Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-4993 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHER~F OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BECKI MILLER, HOLLY WOLFE, AND TABITHA DELL Plaintiff (s) From JOHN S. VAYANOS, 213 N. PRINCE STREET, SItlPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY THEREIN. (2) You are also directed to amch the proper~ of the defendant(s) no~: levied upon in the possession of GARNISHEE(S) as follows: and to nobly the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from dehvering any prope~y of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS528.10 Interest Atty's Conm:t % Atty Paid Plaintiff Paid $34.25 Date: December 8, 2003 (Seal) REQUESTING PARTY: Name BECK][ A. MILLER Ad&ess: 311 WlNDCREsT ROAD ItARRISBURG PA 17112 Attorney for: Telephone: 717-215-7716 Supreme Court ID No. Due Prothy $1.06 Other Costs CURTIS R. LONG By: "~'/%~t~ec ~ t/1 I- '(Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 10.57 Advertising · Law Library Prothonotary 1.00 Mileage 27.60 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 97.17 Pd by Defendant Sworn and Subscribed to before me this lht'~ day 200~tA'D'(~' PROTHONOTARY R. Thomas Kline, S 'i: \ ' 7 ATTORNEY Becki Miller WRIT NO. 2003-4993 Civil Keiser's Service Center Brittania M. Hale Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary DISTRIBUTION $ 528.10 34.25 $ 18.00 10.57 1.00 27.60 20.00 20.00 $ 562.35 150.00 1.00 $ 562.35 $ 97.17 $ 659.52 150.00 $ 809.52 R. Thomas Kline, Sheriff