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HomeMy WebLinkAbout07-5734Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 -5-1 3 CIVIL TERM 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F: FILESTlients14920A920.96.com Created: 12/15/04 11:13AM Revised: 9/25/07 11:46AM 12428.1 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2007 - s7 3 y CIVIL TERM SCOTT EVERETT HILES and SHERRY D. HILES, Defendants COMPLAINT 1. Plaintiffs, David J. Raudabaugh and Joyce A. Raudabaugh, are adult individuals residing at 60 Suunnyside Drive, Carlisle, Pennsylvania 17013. 2. Defendants, Scott Everett Hiles and Sherry D. Hiles, are adult individuals who reside at 3 Holly Court, Shippensburg, Cumberland County, Pennsylvania. 3. On or about May 22, 2006, Plaintiffs and Defendants entered into a written residential lease agreement ("Residential Lease") whereby Defendants agreed to rent the premises located at 3 Holly Court, Shippensburg, PA 17257. A true and correct copy of the Residential Lease is attached hereto as Exhibit "A." 4. Pursuant to the Residential Lease, Defendants agreed to make monthly rental payments of $825.00 due on or before the first day of each month and was delinquent on the fifth day of the month. The first payment was due on June 1, 2006. 5. In the event that a payment became delinquent, a late charge of $25.00 was assessed. 6. Defendants failed to make a timely payment of rent from November 2006 through the termination of the lease. 7. The outstanding rent and late fees total $2,425.64. See itemized list attached hereto as Exhibit "B." 8. Defendants have failed and refused to pay the outstanding charges as stated above. 9. Defendants have abandoned the property. 10. Pursuant to the Lease Agreement, Defendants are indebted to Plaintiff for unpaid rent and late fees as stated above, plus costs of suit, attorney fees. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $2,425.64, plus costs of suit, attorney fees, and interest. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 Date: Lo (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" Fonn ra ommende i and approved for, but not rest ESIID ENTIhA LEASE Y bens f the Pennsylvania Aswciadm of RFALTORSo (PAR). LR BROKER R (Company) LANDLORD'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER AGENT ADDRESS - - PHONE - .._.-_ - FAX Designated Agent(s) for Landlord, if applicable: - OR -- ?I Broker is NOT the Agent for Landlord and is a/an: ? AGENT FOR TENANT ? TRANSACTION LICENSEE r.d..v1v t "N IsuslivESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) -- AGENT PHONE 1(46- S/uo ADDRESS -- FAX Designated Agent(s) for Tenant, if applicable: Broker is NOT the Agent for Tenant and is a/.11: Y AGENT FOR LANDLORD ? SUBAGENT FOR LANDLOen fl T.?...... T•_-_ °• ,a • udydaer rod Landlord and Broker for Tenant Broker is a Dual Agent All ofl3roker' roker s V , Kim? r, MM11M Bensees rre separate Designated Agents for Landlord and Tenant If the same Licensee is designated for Landlord (s) may perform services to assist unrepresented parties in complying with the terms of this Lease d Ten aam nt,also the Deal Licensee Agents is UNLESS there an a Dual Agent 1. This LEASE, dated i 0 /+y -2,2- LANDLORD(S) _ 3 `7j- AC 1 TENANT(S) Sc'oTr-??f •°r:,7T for the Property located at 3 f f called "Tenant," Each'Ienant is individually responsible for all obligations of this Lcase, including rent, late " Z• CO-SIGNERS fees, damages andled other operty- sts. ro Co-signers: 'z Each Co-signer is individually responsible for all obligations Of this Lease, including rent late fees, damages and costs. other 13 Co-signers do not have the right to occupy the Property as it Tenant without the Landlord's prior written permission. 111-31 3. LANDLORD CONTACT INFORMATION Rental _Pa_ Payments; 16 Payable to: _ pqv f2AUClofla rs{} Contact: na_n_ce Reau 17 Address: - Conntact: 17/iti.r 18 ----?z?_Su 6V19y-IDt? n2 -- Address: ---- _-- ---- F.?Rr?SL rs Phone: a_- nC r- -; Pft 170 121, 2=1 -- Fax: Zt/-q 7 7 Phone: ---- - Pax: --- 10 4. START AND END DATES OF LEASE (also calllled "Term")TFRM 21 (A) Start Date: Tt4Aij 22 (B) End Date: M A^1 '3C 2or? at am p.In 5• RENEWAL TERM', heck one) in . 24 This Lease will AUTOMATICALLY RENEW for a term of (also p m at --_?- called ?a 25 "Renewal Term") at the End Date of this Lease or at the end ofany--Renewal - u-nless: the 6 I- Tenant gives Landlord at least O call 27 days written notice before End Date or before the end of any Renewal Term, OR 2. Landlord gives Tenant at least _?Lp days written notice before End Date or before the end of any Renewal Term. L1 ? This Lease will TERMINATE on the End Date unless extended in writing. "' G• RENT REMAND DEPOSIT 30 (A) Rent is due in advance, l without demand, on or before the 111 ?':•:t- day of each month. (B) The total Rent due each month is: .. .............. (C) The total amount of Rent due during the Term is .. $ ....................................... t (D) If Rent is more than $ a<t (E) All other payments due from Tenant te, Tenant Pays a Late Charge of. V?_--- 5 . Landlord ,including Late Charges or utility charges, are considered t be Additional Rent. P?tilure *.e this .ldditia.-,al tent ;, a (;,ercll of the Lease in the -_-- a0 (F) Tenant agrees that all -32 against the current Rent due. Payments will be applied against outstanding Additio al Rent hataistduetbefore they wil 10 (G) Tenant will pay a fee of$ 2-S-. be applied c- f sj Late Charges will continue to -apply tilor valid payment that is returned b any financial institution for any reason. Any payment is received. / 40 (H) Landlord will accept the following methods of payment: ? Cash by •.1 wf ? Credit cf,d. M ..a__ Money Order Percnnal rh-L- .PA. RTIES between called "Landlord," and R NOTICES INEQRmTI0 PENNSYLVANIA PLAIN LANGUAGE CONSUMER CONTRACT ACT The Office of Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms must comply with the Pennsylvania Plain Language Consumer Contract Act. INFORMATION REGARDING SECURITY DEPOSITS Taking Security Deposits During the first year of a Lease, a Landlord may not require a security deposit of more than two months' rent. After the first year of a Lease, this amount cannot exceed one month's rent, and any security deposit of more than one month's rent must be returned to the Tenant. If rent is increased during the first five years a Tenant is in a Property, Landlord may require that the amount of the securi- ty deposit be increased as well. After five years, the security deposit cannot be increased even if the rent goes up. Holding Security Deposits If a Security Deposit is more than $100, the Landlord must keep the Security Deposit in a special bank account called an escrow account. Landlord is required to tell Tenant the name and address of the bank where the escrow account is located, as well as the amount of the deposit in the escrow account. After the second year of a lease the Security Deposit must be in an escrow account that earns interest. Interest that is eared on Security Deposits belongs to the Tenant, but each year Landlord has the right to keep some or all of that interest up to an amount equal to 1% of the Security Deposit to cover certain administrative expenses. [For example, i f a Security Deposit of $500 is held in an escrow account that earns $10 of interest in a year, Landlord has the option to retain up to I% of the Security Deposit amount ($5) out of that interest.] If the interest earned is less than I% of the Security Deposit amount, Landlord may keep all the interest, but Landlord can never take any money out of the original Security Deposit for administrative expenses. After the second year of a lease, any interest belonging to Tenant must be returned to Tenant once a year on the anniver- sary of the first day of the original lease term. Returning Security Deposits When a lease is ended, Landlord has 30 days to give Tenant a written list of any damage to the Property rd claims Tenant is responsible for. If the cost to repair this damage is less than the amount of the Security Deposit be, the amount of the deposit not being held back to fix those damages when the list is provided, al dlord must return has not yet been paid to Tenant. If damages are more than the amount of the Security Dep©" g i tt interest that tt y keep the entire Security Deposit. Landlord may not keep any of the Security Deposit to cov d1l s if a At df qma Tenant within that 30 day period if Landlord doesn't return Tenant's Security Depose 34 of the of given to may sue and Landlord may be required to pay Tenant up to twice the amo ase,Tenant been returned. It is the responsibility of Tenant to give Landlord his/he Pt?sl IStect ty I7ep C that should have nded. provide a new address to Landlord, Landlord is not liable for diu agf f fdell?in e; If Tenant does not days' B W retatr>t'rcu} ty Depo Deposit monies within 30 LEAD•B' ED P. T ITA ?S a Lead Hazards Disclosure Requirements 'File Residential Lead-Based Paint Hazard R r a an EPA pamphlet titled Protect Paint tbUi6 4?n "'vs that r Landlord of property built before 1978 must give the t4tly 1 torn L Your lfre: The'Landlord also must tell the Tenant and the Broker for Landlord what the Landlord knows g(jd Landlord must tell the 'Ten tlt and kn wt; and lead-based paint hazards that are in or on the property being rented. attK V w the t rd knowta lead-based paint and lead-based paint hazards are on the property, where the lead-based paint,4nd le94 scd paint h ds are, ;dld the condition of the painted surfaces. Any Landlord of a pre-1978 struc- ture must also gtv? >Tettati c rds 4 d reports that the Landlord has or can get about lead-based paint or lead-based paint hazards in or around tlt¢ rope e ", th common areas, or other dwellings in mu-mily housing. It is also required t the EPA piu tplilel .fie g $` to µ b orathe Landlord starts any major renovations ntia pre-1 78 structure. The Acct doe not apply to housing built t tt 9 t 478 or later. Lead WarningStatemenf' Housing built bcf`, a 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of property" Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. INFORMATION REGARDING MEDIATION Mediation is a way of resolving problems. A mediator may help the disputing parties reach an agreeable solution without having to involve the courts. Landlord and Tenant may agree to take any disputes arising from this Lease to a mediation program offered by the local association of REALTORS9 or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease (by signing a mediation form to attach to this Lease), or they can sign an agreement to mediate after a dispute arises. INFORMATION REGARDING TENANTS' RIGHTS Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant: (1) complains to a gov- ernment agency or to Landlord about a building or housing code violation; (2) organizes or joins a Tenant's organization; or (3) uses Tenant's legal rights in a lawful manner. INFORMATION REGARDING MOLD AAin rtvnnnn A m nrr. t .,., 8. RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) 7 (A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mail- ing address where Landlord can return the Security Deposit. i4 (B) Within 30 days after Tenant moves from the Property, Landlord will give Tenant a written list of any damage to (fie 55 Property that Landlord claims Tenant is responsible for. (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit will be returned to Tenant within 30 days after Tenant moves from the Property. sa 9. to. c4 ct, ..7 rn 71 11. ra r.1 r ?r rn 1 12. y0 el nz "=1 13. ?.I ,IS 8g i37 s 14. s an 01 9 .^^. 93 1a pis eo 17 '.1o 9e 100 tnt 102 10:1 104 1 il5 06 15. 107 100 109 11:1 ti l 1+.1 1t s [ISE OF PROPERTY AND AUTHORIZED O CppANT USE EROPFRTV (A) Tenant will use Property as a residence ONLY. (B) Not more than people will live on Property. List all other occupants who are not listed as Tenants in ctj'0?1? 015,7, NX - - - - - - - - - - - - - - - - POSSESSION - (A) Tenant may move in (take possession of the Prope (B) If Tenant rty) on the Start Date of this Lease. cannot move in within -7-- days after Start Date because the previous tenant is still there or because of property damage, Tenant's exclusive rights are to: 1 Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property is available; OR 2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the part of Landlord or Tenant. LANDLORD'S RIGHT TO ENTER (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair, or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or they have written permission from the Landlord. (B) When possible, Landlord will give Tenant 2-It- hours notice of the date, time, and reason for the visit. (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was there and why within 24 hours of the visit. (D) Landlord may put tip For Sale or For Rent signs on or near Property. CONDITION OF PROPERTY AT MOVE IN Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following:_ L°fWPLIANCES NCLUDED _ Stove IT Refrigerator CJ Dishwasher CJ'AIr Conditioning t"F 11 Washer ? Dryer ? Garbage Dis osal ?r(I,4 tL, ?Other P ? Microwave Landlord is responsible for repairs to appliances listed above unless otherwise stated ? ere: UTILITIES AND SERVICES Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. I f a serv- ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not respon- sible for loss of service if interrupted by circumstances beyond the Landlord's control. Landlord Tenant pays pays O ? ,Cooking Gas ? Electricity C7,Heat El ? told ot Water ? Water ,?. ,Trash Removal L?7 [( Sewage Fees ? Sewer Maintenance ? Lawn and Shrubbery Care ? Heater Maintenance Contract Comments: TENANT'S CARE OF PROPERTY (A) Tenant will: Landlord Tenant pays ? pay ay r C di i ? ? on t oning 117 Cable Television ? Condominium Fee ? ? Parking Fee ? ? ? f?Iaintenance of Common Areas Lf 0 st/Rodent Control ow/Ice Removal ? IV Telephone Service ? ? ? ----- 1. Keep the Property clean and safe. 2. Dispose of all trash, garbage and any other waste materials as required by Landlord and the law. 3. 1J6e care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the Property, including any elevators. 54. Tell Landloord immediately of any repairs needed and of any potentially harmful health or environmental vin i;1;no. . Oheu nil l.,... it 1c u 1[ 11 v: IC G iC In I} 11 it "4 16. SUBLEASING AND TRANSFER 125 (A) Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new X26 landlord. (B) Tenant may not transfer this Lease or sublease (rent to Landlord's written permission. -other person) the Property or any part of the Property without o Tenant will not keep or allow any pets on any part of the Property, unless checked below. ? Tenant may keep pets with Landlord's written permission according to the terms of the attached Rules and Regulations. 18. RULES AND REGULATIONS (A) Rules and Regulations for use of the Property and common areas are attached. ' ? Yes "?1 (B) Any violation of the Rules and Regulations is a breach of this Lease. ?° 1 (C) landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safety, or wel- 1 `i fare of others. Landlord agrees to provide all changes to Tenant in writing. 1:37 (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. i to 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS 11'.1 (A) Landlord has installed smoke detectors in. the Property. Tenant will maintain and regularly test smoke detectors to he sure 110 they are in working order, and will replace smoke detector batteries as needed. 141 (B) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. ? (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors is a breach of this Lease. 144 (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these 1's systems is stated in the Rules and Regulations, if any. 140 (E) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems. 147 20• LVD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 t48 6 Property was built in or after 1978. This paragraph does not apply, 1411 ? Property was built before 1978. Landlord and Tenant must provide information in this paragraph. p (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: 151 Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord '1 must explain what Landlord knows about the lead-based paint and hazards, including how Landlord learned that it 153 is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any Is 'l other information Landlord has about the lead-based paint and lead-based paint hazards, ''`' (B) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless stat- 11,10 ed below: 157 Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on h1i the Property. List records and reports: lip (C) Tenant initial all that are true. Tenant has received the pamphlet Protect Your Family From Lead in Your Home. IQ Tenant has read the information given by Landlord IQ _ Tenant has received all records a reports in paragraph 20 (A) and (B) above. 164 (D) Landlord and Tenant certify b signing this Lease, that thedinformaton givens paragraph to(B)the best of their knowledge. - 21. DESTRUCTION OF PROPERTY 166 (A) Tenant will notify Landlord or Landlord's agent immediately if the Property severely damaged 11;7 by any other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition n theyProp rtyrthat 168 could severely damage or destroy the Property, 1e0 (B) If the Property is severely damaged or destroyed for any reason: 17p I . Tenant may continue to live on the livable part of the Pro 177 Landlord until the damages are repaired, OR PertY and pay a reduced rent as agreed to by Tenant and 10 2. If the law does not allow Tenant to live on the Property, this Lease is ended. 173 (C) If Lease is ended, Landlord will return any unused security eposit or advanced rent to Tenant. 174 (D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and ' 15 Tenant will continue to pay rent, even if Tenant cannot occupy the Property. vs 22. INSURANCE AND RELEASE 177 (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, '7!i advised to obtain roe 1 1,71 P p rty and liability insurance to protect Tenant, Tenant's pro ert and or Tenant's guests. Tenant is 1 injured while on the Property. p riY and Tenant's 180 El IF CHECKED, Tenant must have insurance policies providing at least $ guests who may be 1 1s1 1 and $ _ 1 18 -- liability insurance to protect Tenant, Tenant's pro be injured while o -tt the Property. perty and - Tenant's insurance 1 183 Tenant will provide proof of insurance upon request. 's guests who may 1 Tenant must maintain this insurance through the entire Term and any Renewal Term. 1 IS 4 (B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on the Property. 1 1811 (C;) Tenant is responsible for any loss to Landlord caused by Tenant, Tenant's family or Tenant's guests, including attorney's fees. 1 lilt' 23. [-,ANDLORDRF,MF,DIESIFTEN END--INLEA?F 1t17 W IFT,.n?...1 , -- T BREACHES LEASE ")" 74. TENANT ENDING LEASE EARLY ?00 Tenant may end this Lease and move out of the Property before the End Date of the Lease or any Renewal Term only with writ- 1.01 ten permission of Landlord, and only if. J02 (A) Tenant gives Landlord at least 90 Fee ofs written notice, AND "' (13) Tenant Pays Landlord a Termination '.0`t (C) Tenant continues to pay all rent until the End Date of the Lease, or an R l TAND 05 by Landlord and a new lease takes effect, whichever ha erm, or until a new tenant is approved ems 25. ABANDONMENT peens first. un (A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right to take Property '0t1 immediately and to rent °`' the Property to another tenant. Possession of the (B) Any of Tenant's personal property or possessions remaining on the Property after Tenant moves out will be considered `10 to be abandoned Property y 211 27r . Landlord will have the right to remove and dispose of an abandoned property ner determined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property. many man- 26. SALE OF PROPERTY z13 (A) If Property is sold, Landlord will give Tenant in writing; .'14 l • Notice that the Security Deposit be paid, 215 2. The name, address and phone number of the new landlord anddwhere n ced t into rent t to to the e if landlt 216 (B) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advan new w landlord. 12t I (C) Landlord's responsibilities to Tenant under this Lease end after the Property has been sold and the Lease transferred to a zri new landlord. 214 (D) If Landlord sells the Property during the Lease or any Renewal Tenn, Landlord has the right to terminate this Lease if zz0 Landlord gives at least 19D_ days written notice to Tenant. Tenant is not entitled to any payment of damages. 221 27. IF GOVERNMENT TAKES PROPERTY zzz (A) The government or other public authority can take private property for public use. The taking is called condemnation. zzs (B) If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the 124 Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any z25 unused Security Deposit or advanced rent. 210 (C) No money paid to Landlord for the condemnation of the Property will belong to Tenant. 27 28. TENANT HAS FEWER RIGHTS TH ADDITIONAL TFRM ?2.8 rights of the mortgage lender come before the righ s of the Tenant. (Example: If Landl rd fa lsoto make on the ortProperty. p rty. The "' the mortgage lender could take the Property and end this Leas.) agee payments, 2:10 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE 231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. z3z 29. CAPTIONS The headings in this Lease are meant only to make it easier to find the ? i0 30. ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- z34 paragraphs. ments made before are a part of this Lease unless they are included in this Lease in writing. No waivers or modifications of J35 this Lease during the Term of this Lease are valid unless in writing signed by both Landlord and Tenant. 236 NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant is advised to consult an attorney. 237 If Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge receipt of the 136 Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337. 210 mation set forth in this Lease. z-11 By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory infor- 241 WITNESS TENANT 242 WITNESS DATE TENANT ' 243 WITNESS DATE TENANT 244 WITNESS DATE 2 CO-SIGNER zas WITNESS -__.DATE CO-SIGNER z zas WITNESS ---?_DATE ( CO-SIGNER- 247 WITNESS f '?yv --?_DATE Z LANDLORD oc?! -' ?----- 246 WITNESS DATE ,S = z? 2 LANDLORD 2,49 Brokers'/Licensees' Certifications BY signing h here _ ere, Brokers and Licensees involved in this z zst transaction certify that: (1) The informal 250 lion given ;, tine to the best of their knowledge; AND (2)The y have told Landlord of Landlord's nsponsibilities under the Residential z: Lead-Based Paint Hazard Reduction Act (42 U.S.C. §4852d), described in the Lead Hazard Disclosure Requirements (see Lead-Based 2' z62 Paint Ilazards Notice). Brokers and Licensees must make sure that Landlord gives Tenant the information required by the Act. 253 BROKER FOR LANDLORD ACCEPTED BY (Company Name) z: -------------------- EXHIBIT "B" SCOTT & SHERRY HILES MAY11,2007 959 NORTH CLEAR RIDGE RD HOUSTONTOWN PA 17229 RENT FOR 3 HOLLY COURT SHIPPENSBURG PA 17257 NOV. RENT DUE 2006 ............................$825.00 SEWER ................................................$ 26.00 TOTAL DUE FOR NOV ............................. $851.00---------- $ 851.00 DEC.RENT DUE 2006 .............................$825.00 SEWER ................................................$ 26.00 _W_ATER d 8128 TOTAL DUE FOR DEC....... . $932.28 $ 932,28 TOTAL DUE FOR 2006 »»»»»»»»»»» $1,783.28 JAN RENT DUE 2007 ...............................$825.00 SEWER .................................................$ 26.00 TOTAL DUE FOR JAN ............................... $851.00 PAYMENT .............................................$200.00 BALANCE DUE FOR JAN ........................... $651.00---------- $ 651.00 FEB RENT DUE 2007 ............................... $825.00 SEWER ...............................................$ 26.00 TOTAL DUE FOR FEB ................... ... $851.00---------- $851.00 MARCH RENT DUE 2007 .......................... $825.00 SEWER ................................................ $ 26.00 WATER................................................ .$ 2.64 TOTAL DUE FOR MARCH............ ..$923.64---------- TOTAL DUE FOR 2007»»»»»»»»»»»>$294 5.64 $1,783.28 +$2,425.64 $4,208.92 +$ 25 00 MINI BLINDS, REPLACED DUE TO DAMAGED $4,233.92 TOTAL AMOUNT DUE 825.00 SEC. DEP. DEDUCTED FROM TOTAL DUE. $3,408.92 BALANCE DUE I HAVE ENCLOSED ALL YOUR MAIL. PLEASE TAKE CARE OF THE INVOICES. THANK YOU JOYCE RAUDABAUGH IF YOU HAVE ANY QUESTIONS CALL 249-7787 s'd ©s8T2b2:ol Z8LZ 6b2CLTZ) -IMS HJnueeandd 3nda:Wo?1 TZ:L© L ©az-6-nnr VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon oans:l ir, maa;:ing this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Date: D/ I Q y -41 David J. udaba C2 ? oy e A. Rauda augh f? -164 d W C? 1 A s V) c -77 f r ..) F; \FILES\ChcnISW 920\4920.96. com Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 5734 CIVIL TERM PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By 5. 'L- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?? _ 2 Z -0 7 Attorneys for Plaintiff CJ ? ? -n Tlb R © '? F7 r LL ; A a.yl SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05734 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RAUDABAUGH DAVID J ET AL VS HILES SCOTT EVERETT ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HILES SCOTT EVERETT but was unable to locate Him in his bailiwick COMPLAINT & NOTICE He therefore returns the NOT FOUND , as to the within named DEFENDANT HILES SCOTT EVERETT 3 HOLLY COURT SHIPPENSBURG, PA 17257 DEFENDANT MOVED. NO FORWARDING ADDRESS ON FILE AT POST OFFICE Sheriff's Costs: Docketing 18.00 Service 19.20 Not Found 5.00 Surcharge 10.00 Postage .58 1lJo?/b1 ? 52.78 Sworn and Subscribed to be So answers _f R. Thom _Kline Sheriff of Cumberland County MARTSON LAW OFFICES 10/15/2007 Eore me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05734 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RAUDABAUGH DAVID J ET AL VS HILES SCOTT EVERETT ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HILES SHERRY D b t unable to locate Her in his bailiwick COMPLAINT & NOTICE , u was He therefore returns the the within named DEFENDANT 3 HOLLY COURT HILES SHERRY D NOT FOUND , as to SHIPPENSBURG, PA 17257 DEFENDANT MOVED. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So an? r Docketing 6.00 „-/ Service .00 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County .00 it 10116-? ? 21.00 MARTSON LAW OFFICES 10/15/2007 Sworn and Subscribed to before me this day of A.D. R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor of 50V CurtberZ, r ?o OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 To: Postmaster Agency Control No. U 7 Date: 7 Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Name: _ ?i_ o 5- Last Known Address: ? ?.,?12 t/ ?'' ? ??pe;?s bc?.sr1t7 I certify the address information for this individual is required for the performanc of thi agency's official duties. ignature of Agency Official) (Title) FOR POST OFFICE USE ONLY () MAIL IS DELIVERED TO ADDRESS GIVEN () NOT KNOWN AT ADDRESS GIVEN MOVED, LEFT NO FOWARDING ADDRESS () NO SUCH ADDRESS O OTHER SPECIFY): Agency Return Address NEW ADDRESS BOXHOLDERS' STREET ADDRESS stma at L s 1 Address Information Request (Required Format) Exhibit 352.44b Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants N r? J .j OD •< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 57 3y CIVIL TERM 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TR* t PY etwwi RECOFW n T?w?f,1 ?w?l1i hat and tt 8r ff 9Md a-?' f , F: \FILES\Clients\4920\4920.96. com Created: 12/15/04 11:13AM Revised: 9/25/07 11:46AM 12428.1 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 2007 - 5-73N CIVIL TERM COMPLAINT 1. Plaintiffs, David J. Raudabaugh and Joyce A. Raudabaugh, are adult individuals residing at 60 Suunnyside Drive, Carlisle, Pennsylvania 17013. 2. Defendants, Scott Everett Hiles and Sherry D. Hiles, are adult individuals who reside at 3 Holly Court, Shippensburg, Cumberland County, Pennsylvania. 3. On or about May 22, 2006, Plaintiffs and Defendants entered into a written residential lease agreement ("Residential Lease") whereby Defendants agreed to rent the premises located at 3 Holly Court, Shippensburg, PA 17257. A true and correct copy of the Residential Lease is attached hereto as Exhibit "A." 4. Pursuant to the Residential Lease, Defendants agreed to make monthly rental payments of $825.00 due on or before the first day of each month and was delinquent on the fifth day of the month. The first payment was due on June 1, 2006. 5. In the event that a payment became delinquent, a late charge of $25.00 was assessed. 6. Defendants failed to make a timely payment of rent from November 2006 through the termination of the lease. 7. The outstanding rent and late fees total $2,425.64. See itemized list attached hereto as Exhibit "B." 8. Defendants have failed and refused to pay the outstanding charges as stated above. 9. Defendants have abandoned the property. 10. Pursuant to the Lease Agreement, Defendants are indebted to Plaintiff for unpaid rent and late fees as stated above, plus costs of suit, attorney fees. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $2,425.64, plus costs of suit, attorney fees, and interest. MARTSON LAW OFFICES By S Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?p ??.?LO ?- Attorneys for Plaintiff EXHIBIT "A" RESIDENTIAL LEASE -B_. _--ROKER _ (,(Company) f6iompany) _, Lunn rcconmwnJat ind approved fix, but not restricted w use b ,the rucnt _ 1 LANDLORD'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKERstl nnat) --- AGENT PHONE?G?1 (?U V )DRESS FAX Designated Agent(s) for Landlord, if applicable: ?j OR -- Gt14 ctFyY -Broker is NOT the Agent for Landlord and is a/an: ? AGENT FOR TENANT ? TRANSACTION LICII:NSF.F TENANT'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) ---- ---- - AGEN'f_ - - PHONE i?V- tr?ItcG ADDRESS 1)esignated:\gent(s) for'I'enant, ifapplicable Broker is NOT the Agent for Tenant and is a/un: !7 kCENT FOR LANDLORD ? SUB,tGFNT FOR LANDLORD ? TRANSACTION I,IC'FN,SEI When the same broker is Broker for Landlord and Broker for Tenant, Broker Is a Dual Agent. AN of Broker's licensees are separate Designated Agents for Landlord and Tenant. If the same Licensee is designated fa. Landlord and Te m t? the Licensee K a Dual ;)gent. Broker(s) muy perform services to assist unrepresented parties in complying with the terms of this Lease.O UNLESS them I. fhis LEASE, dated f l) /} y 1.2. e TI LANDLORD(S) UF1v.- I?flcl ).? r?a.tt is between i TENANT(S) c o'TT !. f r / called "Landlord,-and for the Property located at f fr, ,_•/ - called "Tenant," l ?T 1-`%f i/ k'i NSRu/CCr 1>.?._ , •; ... -1 alled "p 2. CO-Each'fen u)t isSIGNERS individually responsible for all obligations of this Lcase, including rent late ices, damages _-___cand other costs. " ?d Co-signers: u - I'ach Co-signer is individually responsible for all obli rent, t, 11 3• LANDLORD CONTACT INFORMATION ntions of this Luce, including late fees, damages and other costs. Co-,igners do not have the right to occupy the Property as a Tenant without the Landlord's prior written permission. ? ?' Rental 1_ '•wtnent9: ,, Payable to: - MahaW06 a Rw ?7 p? k f2Aul?ARa.?4,,k4 i Contact: n -- StDr? --p 1---.-L-'-=}cA Address: f)/2 - Address: -------- ----- -- ---- ---- Phone:__2-', Fax: t- ,' cl 1? ? Phone: i 1.-;:? - ?? /,• ;. , Pax: ------- - ° 4. START AND END DATES OF LEASE (also called "T,erm- ") tea"' ` (A) Start Date: (B) Nand Date: I 5. RENEWAL TERM (ch k ne)T-? at a m p.m' s Phis Lease will AUTOMATICALLY RENEW for a term of / at --?-'p m 5 "Renewal Term") at the End Date of this Lease or at the end of any Renewal Term I. Tenant gives Landlord at least _(also called the 7 n days written notice before End unless: ?. Landlord gives 'Tenant at least- days written notice before End Date o or before the end cf Date before the end of anyanyRenRenwwalalTerm,Tenn.OR ? this [.case will TtsRMINATE on the End Date unless extended in writing. ' h• RENT RENT,IND DEPOSIT (A) Rent is clue in advance, ,vithout demand, on or before the 00 'File total Rent due each month is: ' day of each month. ....... ............................................................................ (t -) Pie total amount of Rent due durin > . . a ), the Term i .:: .......... $ (11) IF Rent is more than - - _ c i days late, Tenant pays a Late Charge of. .$ a ? -- - .. ........................ ... ll other payments due rrom Tenant W Landlord, including Late Charges or utility chargses, are considered to be Additional !t t t ,ihim'e pay 'tis \ J;:icaal 2iuc is n ute..cia of oite Lease in the same way as failing c (1') Tenant agrees that all payments will be applied against outstanding Additional Rent that as due before they will be applied :against the current Rent due. pay the regular Rent. I(i) Tenant will pay a fee of $ Z j , __ for any payment that is returned by any financial institution for any reason. A ny I ate Charges will continue to apply until a valid payment is received ?/ I I) Landlord will accept the following methods of payment: ? Cash CI/MoneyOrder 1J Pers,inat ('h-V El Crodit r-7 -L - Oif aAND INFORMATION PENNSYLVANIA PLAIN LANGUAGE CONSUMER CONTRACT ACT The Office of Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terns must comply with the Pennsylvania Plain Language Consumer Contract Act. INFORMATION REGARDING SECURITY DEPOSITS 'f'aking Security Deposits During the first year of a Lease, a Landlord may not require a security deposit of more than two months' rent. After the first year of a Lease, this amount cannot exceed one month's rent, and any security deposit of more than one month's rent must be returned to the fcnaut. If rent is increased during the first five years a Tenant is in a Property, Landlord may require that the amount of the securi- ty deposit be increased as well. After rive years, the security deposit cannot be increased even if the rent goes up. Holding Security Deposits If it Security Deposit is more than $100, the Landlord must keep the Security Deposit in a special bank account called an escrow account. Landlord is required to tell Tenant the name and address of the bank where the escrow account is located, as well as the amount of the deposit in the escrow account. After the second year of a lease the Security Deposit must be in an escrow account that citrus interest. Interest that is earned on Security Deposits belongs to the Tenant, but each year Landlord has the right to keep some or all of that interest up to an amount equal to t% of the Security Deposit to cover certain administrative expenses. [For example, if a Security Deposit of $500 is held in an escrow account that earns $10 of interest in a year, Landlord has the option to retain up to I46 of the Security Deposit amount ($5) out of that interest.] if the interest earned is less than 1% of the Security Deposit amount, Landlord may keep all the interest, but Landlord can never take any money out of the original Security Deposit for administrative expenses. After the second year of a lease, any interest belonging to Tenant must be returned to Tenant once a year on the anniver- sary of the first day of the original lease term. Returning Security Deposits When a lease is ended, Landlord has 30 days to give Tenant a written list of any damage to the Property that haH{??IQrd claims Tenant is responsible foe If the cost to repair this damage is less than the amount of the Security Deposit being the amount of the deposit not being held back to fix those damages when the list is provided, al wih 4pW ?dlord must return has not yet been paid to Tenant. If damages are more than the amount of the Security Deposit in -1,6y, addiQ t d interest that entire Security Deposit. Landlord may not keep any of the Security Deposit to cover d #,a list 4ma acdges keep the n to Tenant witlein that 30 day period if Landlord doesn't return Tenant's Security Deposit wltjut3 ps de. of thL end of t nas?Te Win[ may ,uc and Landlord may be required to pay Tenant up to twice the amount•of portion"of th&§S ct D hccn returned. It is the responsibility of Tenant to give Landlord his/her rt W oty cif that should have a ss g after t@w Lcasey$?D If Tenant does not provide a new adrlrecs to Landlord, Landlord is not liable for damn urfai reftrrn days. 8f W Sgcurlty Deposit monies within 30 LEAD-BA?ED PANT HAZARDS' Lead Ilazards Disclosure Requirements 'k 111, Hie Residential Lead-Based Paint Hazard Reyuetion t sit s that an IPA pamphlet titled Protect Your Family From L n Your trameandlord of ?La . TheTheladl property built before T1978 en must give the Tenant Landlord what the Landlord knokye abptttl ad-based ?nord also must tell the Tenant and the Broker for pa and lead-based paint hazards that arc in or on the property being rented. Landlord must tell the Tenant I w the Lana rd knows tAti 'lead-based paint and Icad-based paint hazards are on the rothe lead-based paint, d lead- sed paint It ds are, and the condition of the painted surfaces. Any Landlord of a pre-1$ truwhere e [Lire must also give th Tenant record[! d reports that the Landlord has or can get about lead-based paint or lead-based paint hazards in or wound the`Woperty bcIng ret;ted, the common areas, or other dwellings in multi-family housing. It is also required that the EPA pamphlet be giv? to tenani before the Landlord starts any major renovations on a pre-1978 structure. 'Ile Act does not apply u, housing built in 1978 or later. Lead Warning ktatement' Housing built be]'`Qre 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Betore renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive it federally approved pamphlet on lead poisoning prevention. INFORMATION REGARDING MEDIATION Mediation is a way of resolving problems. A mediator may help the disputing parties reach an agreeable solution without having to involve the courts. Landlord and Tenant may agree to take any disputes arising from this Lease to a mediation program offered by the local association of REALTORS`"I or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease (by signing a mediation form to attach to this Lease), or they can sign an agreement to mediate after a dispute arises. INFORMATION REGARDING 7 ENAiNTS' RIGHTS Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant: (1) complains to a gov- ernment agency or to Landlord about a building or housing code violation; (2) organizes or joins a Tenant's organization; or (3) Tenant's legal rights in a lawful manner. uses INFORMATION REGARDING Moo n ,t%n itinnnu, +rn _ " N. RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) f (A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mail- ' ` ing address where Landlord can return the Secut it a y Deposit. (B) Within 30 days after Tenant moves from the Property, Landlord will give Tenant a written list of any damage to the Property that Landlord claims Tenant is responsible for. (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit will he returned to Tenant within 30 days after Tenant moves from the Property. 9. USE OF PROPERTYAND AUTHORIInu OCCUPANTS PROPF KU ' (A) Tenant will use Property as a residence ONLY. (H) Not more than paragraph I: 3t•{ people will live on Property. List all other occupants who are not listed as Tenants in ' --.,,,,H zo. r-- - - ? F+.41 r' fl?.'?S -- 10. POSSESSION -- ---- t \) Tenant may move in (take possession of the Property) on the Start Date of this Lease. (13) If Tenant cannot move in within days after Start Date because the previous tenant is still there or because of property damage, Tenant's exclusive rights are to: I. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property is available; OR 2. Find the Lease and have all money already paid as rent or security deposit returned, with no further liability on the part of Landlord or Tenant. -' 11. LANDLORD'S RIGHT TO ENTER (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair, or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or ' Landlord's representative, or they have written permission from the Landlord. (B) When possible, Landlord will give Tenant. _ hours notice of the date, time, and reason for the visit. (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was there and why within 24 hours of the visit. 1 D) Landlord may put up For Sale or For Rent signs on or near Property. 12. CONDITION OF PROPERTY AT MOVE IN Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following: 13. "LIANCES INCLUDED ?_ r ,Stove Refrigerator I7 Dishwasher ? Washer CC Air Conditionin CF ? Dryer ? Garbage Disposal ? Microwave g _ny(lf}L. ?Other ?Othcr Landlord is responsible for repairs to appliances listed above unless otherwise stated here: a 14. IiT(LITIES AND SERVICES Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. 1 f a serv- ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not respon- sihle for loss of service if interrupted by circumstances beyond the Landlord's control. Landlord Tenant Landlord )3 pays pays Tenant ,., ? pays a - ??ooking Gas ? ? Q Electricity pay Conditioning ? Q Heat ? t:7 Cable Television El 11 ? Condominium Fee I Plot Water ? I-] 10 ? Parking Fee ? ,Cold Water ? C?? lash Removal ?atntenance of Common Areas Q, [( ? e pc „I Sewage Fees ? Control ? Sewer Maintenance ? now oce Removal t ? R awn T Telephelephone Service I+,1 `Lawn and Shrubbery Care ? t „a ? Beater Maintenance Contract ? ? I Comments: ? 15. ITNANT'S CARE OF PROPERTY -- - I+ (A) Tenant will: " n I . Keep the Property clean and safe. 2. Dispose of all trash, garbage and any other waste materials as required by Landlord and the law. I3. (i,e care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the Property, including any elevators. n 1. Tell Landlord immediately of any repairs needed and of any potentially harmful health or environmental onnditi 16. SUBLEASING AND TRANSFER (A) Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new landlord. "r NO Tenant may not transfer this Lease or sublease (rent to another person) the Property or tiny part of the Property without Landlord's written permission. 17. PETS Tenant will not keep or allow any pets on any part of the Property, unless checked below. ''' ? 'Tenant may keep pets with Landlord's written permission according to the terms of the attached Rules and Regulations. '" 18. RULES AND REGULATIONS "i (A) Rules and Regulations for use of the Property and common areas are attached. ? Yes 7 (R) Any violation of the Rules and Regulations is a breach of this Lease. 0-'No (C) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the healt tare of others. Landlord agrees to provide all changes to Tenant in writing, h safety, or wcl- (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS ' (A) Landlord has installed smoke detectors in the Property. Tenant will maintain and regularly test smoke detectors to be sure they are in working order, and will replace smoke detector batteries as needed. ' (11) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. (t') Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of " any broken or malfunctioning smoke detectors is a breach of this Lease. 11 (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these systems is stated in the Rules and Regulations, if any. (8) 'T'enant will pay for damage to the Pro i 17 20, l,!?AD-BASED PAINT HAZARD DISCLOSUR Sept fails to maintain smoke detectors or other fire protection systems. '''' In Pro c OR PROPERTY BUILT BEFORE 1978 P ray was built in or after 1978. This paragraph does not apply. f;1 ? Property was built before 1978. Landlord and Tenant must provide information in this paragraph. it (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Pm petty. Landlord must explain what Landlord knows about the lead-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any other information Landlord has about the lead-based paint and lead-based paint hazards. (B) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless stat- ed below: Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on the Property. List records and reports: t"n (f=) Tenant initial all that are true: -- 161 Tenant has received the pamphlet Protect Your Family From Lead in Your Home. ' ' .---'Tenant has read the information given by Landlord in "'' -_ Tenant has received all records and reports that Landlord listed in 0?) and (B) above. " 4 (D) Landlord and Tenant certify, b signing P graph 20 (th above. 21. DESTRUCTION OF PROPERTY this Lease, that the information given is true to the best of their knowledge. (A) Tenant will notify Landlord or Landlord's agent immediately if the Property is or des b f or by any other cause. Tenant will immediately notify Landlord or Landlord's gent oflnyacondi?tion in theyProperty rthat could severely damage or destroy the Property. (B) If the Property is severely damaged or destroyed for any reason: 1 • 'Tenant may continue to live on the livable part of the Property Landlord until the damages are repaired, and pay a reduced rent as agreed ? OR to by Tenant and If the law does not allow Tenant to live on the Property, this Lease is ended. (C) If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. ' (1)) if Tenant, 'Tenant's family, or Tenant's guests cause damage by fire or by other means, this [,ease will remain in effect and Tenant will continue to pay rent, even if Tenant cannot occupy the Property. 22. INSURANCE AND RF,LEASE 177 (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, advised to obtain roe 1 P P rty and liability insurance to protect Tenant, Tenant's ro or Tenant's guests. Tenant 1 injured while on the Property. P Perry and Tenant's " L7 IF CHECKED, Tenant must have insurance policies providing at least $ guests who may be t !ran :md'S t insurance t -- ----- liability insurance to protect Tenant Tenant's property and - Tenant's guests property who may t be injured while on the Property. Tenant must maintain this insurance through the entire Term and any Renewal Term. 1 Tenant will provide proof of insurance upon request. Ii) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on the Property, , (t) Tcnant is responsible for any loss to Landlord cause,] by Tenant, Tenant's family or Tenant's guests, including attomcy's fees, i 23. LA:NDt.ORD REMEDIES IF TENANT BREAC EPIM HES LEASE AS 14. TENANT ENDING LEASE, EARLY Tenant may end this Lease and move out of the Property before the End Date of the Lease or any Renewal Term only with writ. ten permission of Landlord, and only if.. "' (A) Tenant gives Landlord at least V- days written notice, AND (B) Tenant Pays Landlord a Termination Fee of _ (C:) Tenant continues to pay all rent until the End Date of the Lease, or any Renewal TAND erm, or until a new tenant is approved by Landlord and anew lease takes effect, whichever ha s 25. ABANDONMENT peens first. 'oi (A) If Tenant abandons Property while Rent is clue and unpaid, Landlord has the right to take possession of the Property '98 immediately and to rent the Property to another tenant. (B) Any of Tenant's personal property or possessions remaining on the Property after Tenant moves out will be considered to he abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any man- ner determined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property. ,12 26. SALE OF PROPERTY ' 3 (A) If Property is sold, Landlord will give Tenant in writing: '''t 1. Notice that the Security Deposit has been given to the new landlord, who will be responsible for it. 2. The name, address and phone number of the new landlord and where rent is to be paid, if known. (13) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord. (C) Landlord's responsibilities to Tenant under this Lease end after the Property has been sold and the Lease transferred to a :1 new landlord. J4 (D) If landlord sells the Property during the Lease or any Renewal Term, Landlord has the right to terminate this Lease if 9 Landlord gives at least days written notice to Tenant. Tenant is not entitled to any payment of damages. IF GOVERNMENT TAKES PROPERTY " (A) The government or other public authority can take private property for public use. The taking is called condemnation. 73 (13) If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the ' Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any unused Security Deposit or advanced rent. 06 (t:) No money paid to Landlord for the condemnation of the Property will belong to Tenant. ADDITIONAi TF 1ta4 '27 28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Prorights of the mortgage lender come before the rights of the Tenant. (Example: If Landlord fails to make morta e a ments, j the mortgage Property. lender could take the Property and end this Lease.) g g p Y ' sQ TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 29. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. 30. ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- •1'14 meats made before are a part of this Lease unless they are included in this Lease in writing. No waivers or modifications of 'is this lease during the Term of this Lease are valid unless in writing signed by both Landlord and Tenant. "a NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant Is advised to consult an attorney. 237 If Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge receipt of the f38 Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337. '31 By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory infur- 10 mation set forth in this Lease. lat WITNESS TENANT z4z WITNESS DATE 'TENANT _ , r e t'' r f is WITNESS DATE TENANT 44 WITNESS llATE CO-SIGNER ?- ' +rs WITNESS CO-SIGNER -'46 WITNESS _ DATE / C0.SIGNER_ 2.1+ WITNESS - ?t ?h DATE LANDLORD c, z4e WITNESS Z??';? . S 1 - LANDLORD DATE +) Brokers'/Licensees' Certifications BY signing DATE here, Brokers and Licensees involved in this transaction certify so tion given;,,; "tic to the best ,)f thrir knowledge; AND (2)'Mey have told Landlord of Landlord's ns zst Lead-Based Paint hazard Reduction Act (42 U.S.C. §4952d), described in the Lead Hazard Disclosure Requirements (see Lead-Based Paint IIa"rards Notice). Brokers and Licenses must make sure that Landlord gives Tenant the information required by the ARsidential 3 BROKER FOR LANDLORD (Company Name) ' ACCEPTED BY EXHIBIT "B" SCOTT & SHERRY HILES MAY11,2007 959 NORTH CLEAR RIDGE RD HOUSTONTOWN PA 17229 RENT FOR 3 HOLLY COURT SHIPPENSBURG PA 17257 NOV. RENT DUE 2006 ............................$825.00 SEWER ................................................$ 26.00 TOTAL DUE FOR NOV ............................. $851.00---------- $ 851.00 DEC.RENT DUE 2006 .............................$825.00 SEWER ................................................$ 26.00 _WATER . 81 2$ TOTAL DUE FOR DEC ............................. $932.28 ---------$ 932.28 TOTAL DUE FOR 2006 »»»»»»»»»»» $1,783.28 JAN RENT DUE 2007 ...............................$825.00 SEWER .................................................$ 26.00 TOTAL DUE FOR JAN ............................... $851.00 PAYMENT .............................................$200.00 BALANCE DUE FOR JAN ........................... $651.00---------- $ 651.00 FEB RENT DUE 2007 ...............................$825.00 SEWER ........................................ .$ 6 0 TOTAL DUE FOR FEB ................... ... $851.00---------- $851.00 MARCH RENT DUE 2007 .......................... $825.00 SEWER ................................................$ 26.00 WATER ............... .$272.6 ........ .... TOTAL DUE FOR MARCH .......................... $923.64---------- $923.64 TOTAL DUE FOR 2007»»»»»»»»»»»>$2,425.64 $1,783.28 +$2.425.64 $4,208.92 +$ 25 00 MINI BLINDS, REPLACED DUE TO DAMAGED $4,233.92 TOTAL AMOUNT DUE 825.00 SEC. DEP. DEDUCTED FROM TOTAL DUE. $3,408.92 BALANCE DUE I HAVE ENCLOSED ALL YOUR MAIL. PLEASE TAKE CARE OF THE INVOICES. THANK YOU JOYCE RAUDABAUGH IF YOU HAVE ANY QUESTIONS CALL 249-7787 ?'d 0s8iZt72:ol "3zz 6t72?-iz) -rnG Hqi esjGn?ja 30UG:Woa-? T ,-:,Lo )00- -?nr VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon coups l in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Date: /p l / o / David J. udaba 90YZ. Rauda augh ?? sS ???, „? F:\FILES\Clients\4920\4920.96. pra.dcfault Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs v. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5734 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendants in the amount of $2,425.64, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiff(s)'s Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendants at the address indicated thereon, on November 29, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By S P/Z -- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff(s) Dated: /Z?_ I / --G -2 e e F TILEWhents`4920\4920.96.10daynotices Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 5734 CIVIL TERM IMPORTANT NOTICE TO: SCOTT EVERETT HILES DATE OF NOTICE: NOVEMBER 29, 2007 9915 Waterfall Road, Hustontown, PA 17229 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorneys for Plaintiffs Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and : IN THE COURT OF COMMON PLEAS OF JOYCE A. RAUDABAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2007 - 5734 CIVIL TERM SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IMPORTANT NOTICE TO: SHERRY D. HILES DATE OF NOTICE: NOVEMBER 29, 2007 9915 Waterfall Road, Hustontown, PA 17229 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorneys for Plaintiffs I . . Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5734 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants above named are not in the military service of the United States of America, that he has knowledge that the said Defendants are now living at: 9915 Waterfall Road, Hustontown, PA 17229. Said Defendants' place of employment is unknown. L?94ya < PZ- Christopher E. Rice, Esquire Sworn to and subscribed before me this Ildday ofd! eca,? 92007. No Public ENNSYLVANIA t& W .1 2 11 5mil Member, POMYb of NOtt???f Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5734 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants were given to them by mail on November 29, 2007. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of , 2007. l - N to Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Cadlsle Boro, Ci n>berland C=* MY Com *sion Bores Aug. 18, 2011 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott Everett Hiles 9915 Waterfall Road Hustontown, PA 17229 Sherry D. Hiles 9915 Waterfall Road Hustontown, PA 17229 MARTSON LAW OFFICES B Y M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: r°Z /D? C`y S-K Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2007 - 5734 CIVIL TERM SCOTT EVERETT HILES and SHERRY D. HILES, Defendants TO: SCOTT EVERETT HILES, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 1--2- day of December, 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $2,425.64, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: / • %?? -D 7 151 ?- Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Scott Everett Hiles 9915 Waterfall Road Hustontown, PA 17229 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and : IN THE COURT OF COMMON PLEAS OF JOYCE A. RAUDABAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2007 - 5734 CIVIL TERM SCOTT EVERETT HILES and SHERRY D. HILES, ; Defendants TO: SHERRY D. HILES, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the /a- day of December, 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $2,425.64, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: /a •/a -D 7 /-</ C?6 - Prothonotary j,e L I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Sherry D. Hiles 9915 Waterfall Road Hustontown, PA 17229 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05734 P QaMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RAUDABAUGH DAVID J ET AL VS HILES SCOTT EVERETT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HILES SCOTT EVERETT but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FULTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 19th , 2007 , this office was in receipt of the attached return from FULTON Sheriff's Costs: So ers Docketing 18.00 Out of County 9.00 Surcharge 10.00 110C1- omas Kline Dep Fulton County 71.40 Sh riff of Cumberland County Postage 1.89 110.29 ? /?// p 11/19/2007 MARTSON LAW OFFICES Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RAUDABAUGH DAVID J ET AL VS HILES SCOTT EVERETT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HILES SHERRY D but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FULTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 19th , 2007 , this office was in receipt of the attached return from FULTON Sheriff's Costs: So a s: Docketing 6.00 Out of County .00 Surcharge 10.00 T mas Kline .00 K" ? ff of Cumberland County 11/19/2 MARTSON LAW Sworn and subscribe to before me this day of , 16.00 ? 42 007 OFFIC S A. D. FULTON COUNTY SHERIFF'S OFFICE 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 (717) 485-4221 SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 2. COURT NUMBER Cumberland County David J. and Joyce A. Raudabaugh 5734 - 2007 3. DEFENDANT/S/ D. Notice / Civil Action SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD Scott E. Hiles 6. ADDRESS (Street, or RFD, Apartment No., Boro., Twp., State and Zip Code) AT 959 N. Clear Ridge Rd., Hustontown, Pa. 17229 7. INDICATE UNUSUAL SERVICE: ? COMMON. OF PA ? DEPUTIZE ? OTHER Now, I, SHERIFF OF FULTON COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plantiff. SHERIFF OF FULTON COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Notice Complaint Exhibit A, and B Verification 12 pages in all 9. SIGNATURE of ATTORNEY or other ORIGINATOR Christopher E. Rice, Esq. I.D. # 90916 12. SEND NOTICE OF SERVICE COPY TC 10. TELEPHONE NUMBER 111. DATE 1 717-243-3341 October 29, 2007 BELOW: (This area must me completed if notice is to be mailed) Ten East Hi h St. , Carlisle Pa. 17013 13. 1 acknowledge receipt of the writ NAME of authorized FCSD Depuly of Clerk and Title 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. Nanc Drew Suders , D u Sheriff October 29, 2007 16. I hereby CERTIFY and RETURN that I ®have personally served,? have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint that described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) 19. A person of suitable age and discretion then residing in the defendant's usual place of abode. ? 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, 21. Date or Service 22. Time AM Boro, Twp., State and Zip Code) PM M 9915 Waterfall Road, Hustontown Pa. 17229 November 02, 2007 EST 11:37 M E DST 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date iles Dep. Int. 3 10-31-07 22.5 LEO 11-01-07 17 LEO 11-02-07 17 LEO r Advance 25. Service Costs 26. Notary Cert. 27. Mileage 28. Postage 29. Surcharge 30. Total Costs 31. COST DUE OR REFUND $ 150.00 $ 18.00 $ 5.00 $ 27,40 $1.00 $51.40 + REFUND - $ 78,60 o`' MCIVII MNO + Costs for the related service of co-defendant Sherry Hiles of $20.00 are added to the costs of the service of Scott Hiles for a total of $71.40 for the two services. Having been duly deputized by Cumberland County Sheriff Kline, the Notice and Complaint, Cumberland County No. 5734-2007 for Scott Hiles was handed to him at the door of his 9915 Waterfall Road, Hustontown, PA 17229 residence. 33. AFFIRMED and subscribed to before me this 8TH. ANSWE tS9 35. Signature of 34. day of vember, 2007 Deputy SherHf Larry E. Ott Date 11/8/2007 38. Signature of 39. Date 37. )J Sheriff thonotary/Deputy/Neiery%bM SHERIFF OF FULTON COUNTY MYCOMMISSIO PIRES January 1, 2010 40. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 41. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. NT-1 -..1 -- no Inner 4. TYPE OF WRIT OR COMPLAINT: FULTON COUNTY SHERIFF'S OFFICE 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 (717) 485-4221 SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 2. COURT NUMBER Cumberland County David J. and Joyce A. Raudabau h 5734 - 2007 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: E. and Notice / Complaint Civil Action SERVE 5. NAME OF INDIVIDUAL; COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD Sherry D. Hiles 6. ADDRESS (Street, or RFD, Apartment No., Boro., Twp., State and Zip Code) AT 959 N. Clear Ridge Road, Hustontown Pa. 17229 7. INDICATE UNUSUAL SERVICE: ? COMMON. OF PA ? DEPUTIZE M OTHER Now, I, SHERIFF OF FULTON COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plantiff. SHERIFF OF FULTON COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Notice Complaint Exhibits A, and B Verification 12 pages in all 9. SIGNATURE of ATTORNEY or other ORIGINATOR 12. SEND E. Rice, Esa. I.D. # 90916 TO NAME AND ADDRESS 10. TELEPHONE NUMBER 111. DATE 1 717-243-3341 f October 29, 2007 area must me completed if notice is to be mailed) Ten East High St. , Carlisle Pa. 17013 13. 1 acknowledge receipt of the writ NAME of authorized FCSD Deputy of Clerk and Title 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. Nancy Drew Suders , Deputy Sheriff October 29, 2007 16. 1 hereby CERTIFY and RETURN that 10 have personally served,? have legal evidence of service as shown in "Remarks", ® have executed as shown in "Remarks", the writ or complaint that described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. Lj I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) 119. A person of suitable age and discretion then residing in the defendant's usual place of abode. Scott Hiles -husband of Sherry Hiles 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, 21. Date or Service 22 . Time ® AM Boro, Twp., State and Zip Code) 9915 Waterfall Road Hustontown Pa 17229 O PM , , . November 02, 2007 11:37 [M EEST DST 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. 3 10-31-07 22.5 LEO 11-01-07 17 LEO 11-02-07 17 LEO Advance 25. Service Costs 26. Notary Cert. 27. Mileage 28. Postage 29. Surcharge 30. Total Costs 31 COST DUE OR REFUND $ $ 15.00 $ 5.00 $ A/C A/C N/A $20.00 . ***** '"The costs for the substitute service ofprocess on Sherry Hiles is added to that of her husband Scott Hiles. Seethe Affidavit of Sheriffs Return for the related service of Scott Hiles for the amount of the combined costs and refund. Having been duly deputized, the Notice and Complaint, Cumberland County No. 5734 - 2007 for Sherry Hiles was handed to her husband, Scott Hiles at the door of their 9915 Waterfall Road, Hustontown, PA 17229 residence. 33. AFFIRMED and subscribed to before me this 8TH. 34. 37 2007 MY COMMISSION E"IRES January 1, 2010 1 40. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 35. Signature of Date Sheriff Larry E. Ott 11/8/2007 38. Signature of 39. Date Sheriff SHERIFF OF FULTON COUNTY 41. Date Received F: \FILES\Clients\4920\4920.96. pm. default Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5734 CIVIL TERM PRAECIPE TO AMEND DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter an amended default judgment in the above-captioned action in favor of Plaintiffs and against Defendants in the amount of $2,425.64, plus interest, costs of suit and attorney fees as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendants at the address indicated thereon, on November 29, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs av4,, 5 K? Dated: / - 9- af F'fILES hents'X1920`39_0.96. 10daynonces Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2007 - 5734 CIVIL TERM SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IMPORTANT NOTICE TO: SCOTT EVERETT HILES DATE OF NOTICE: NOVEMBER 29, 2007 9915 Waterfall Road, Hustontown, PA 17229 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Teleplhone:(717) 249-3166 By MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorneys for Plaintiffs Christopher E. Rice, Esquire MARTSON LAW OFFICES I. D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and : IN THE COURT OF COMMON PLEAS OF JOYCE A. RAUDABAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2007 - 5734 CIVIL TERM SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IMPORTANT NOTICE TO: SHERRY D. HILES DATE OF NOTICE: NOVEMBER 29, 2007 9915 Waterfall Road, Hustontown, PA 17229 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorneys for Plaintiffs Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 5734 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants above named are not in the military service of the United States of America, that he has knowledge that the said Defendants are now living at: 9915 Waterfall Road, Hustontown, PA 17229. Said Defendants' place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this 1) d) day of? , 2007. No a Public COMMONWEALTH OF: PENNSYLVANIA Mary M. Price, Notary Public olybownd Cox* ca"s am, Eq?g.18, 21111 Member. Pennsylvania Asi00180" 01 Ngt?fl?b CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott Everett Hiles 9915 Waterfall Road Hustontown, PA 17229 Sherry D. Hiles 9915 Waterfall Road Hustontown, PA 17229 MARTSON LAW OFFICES By ,p M. Price Nn East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9/0t n N c? O A? ? A T F 4 n ?b {? C7 4f r ?) Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5734 CIVIL TERM TO: SCOTT EVERETT HILES, DEFENDANT NOTICE OF ENTRY OF AMENDED DEFAULT JUDGMENT You are hereby notified that on the day of January, 2008, the following amended Judgment was entered against you in the above-captioned action: judgment in the amount of $2,425.64, plus interest, costs of suit and attorney fees as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: Q?e?? 02 JC?- 0_z 4_ -f e o& V IV 7 - Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Scott Everett Hiles 9915 Waterfall Road Hustontown, PA 17229 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT EVERETT HILES and SHERRY D. HILES, Defendants No. 2007 - 5734 CIVIL TERM TO: SHERRY D. HILES, DEFENDANT NOTICE OF ENTRY OF AMENDED DEFAULT JUDGMENT You are hereby notified that on the day of January, 2008, the following amended Judgment was entered against you in the above-captioned action: judgment in the amount of $2,425.64, plus interest, costs of suit and attorney fees as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: don, /s/ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Sherry D. Hiles 9915 Waterfall Road Hustontown, PA 17229