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HomeMy WebLinkAbout07-7391&MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. tcvi NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Mark Martin 700 A Erie St. Dauphin PA 17018 DATE OF JUDGMENT IN THE CASE OF (FUintiln (Defendanf)' Dorothy Hess Summer M. Penn DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000326-07 (-- r-\Y-- ('?_ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy was Claimant (see Pa. R.C.P.D.J. No. a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dorothy Hess appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 7_ ,191 within twenty (20) days after ce of rule or suffer entry of judgment of non pros. leap" _ Signature of appella r attorney or agent RULE: To Dorothy Hess , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:jk ? , 20T nature of Protlronofa or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 ? ; r tl t? 11/20/2007 13:14 7177662238 bISTRICTJUSTICE PAGE 01 COMMONWEALTH OF PENNSYLV) NIA COUNTY OR F May. DIV. No.'. 093-05 MOJ r4W& Non. MIA= XARTIM Address: 507 N TORK ST XXCBAIfICXP19R6, PA nuisphone; (717) 766-4575 ATTO>6zX FOR PLAINT1F1 t DAL$ E. ]MEIN 7T8 FLOOR 500 X 32D ST HARRISBURG., PA 17101 NOTICE OF JUDG /TRANSCRIPT CIVIL CASE PLAINTIFF: NAMF and AunRUS r=-So, DOROTBX x,Z A A- A 102 cZrn 1ZLD a gAgRIBBUiROr PA 17112 J VS. DEFENDANT: NAME and ADDNESS rilm, S z, $T AL• 700 A XRIB ST'T DAUPSIR LA 17112 J Docket No.: CVt 0000326-07 Date Filed: 10/05/07 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: 11/12/07 FOR PLA111: I>EF (Date of Judgment) Judgment: 25 Judgment was entered for: (Name) HESS & DOROTBT K" 2T llij+ - © Judgment was entered agair tt: (Name) PSG, S iY in the amount of $ '' 073.8 F1 Defendants are jointly and sE verally liable. F] Damages will be assessed C 1 Date & Time n This case dismissed without prejudice. Q Amount of Judgment Subjec to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for phys -.al damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 'v • r - $ • $ $ 2,073.851 Certified Judgment Total $ 1 ANY PARTY HAS THE RIGHT TO APPS 1L WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICI OF JUDGMEWfMANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED It THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL ?STRICT JUUDPGRES,S,, IF T MUST ALL FURTHER ESS JUDGMENT HOLDER ELECTS TO ENTEF THE JUDGMENT IN THE COURT OF COMMON PLEAS, COME FROM THE COURT OF COMMON I LEAS ANA NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTEREE IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SA_nSFACT ON WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES H TN THE JUDGMENT. r Date WCx A , Magisterial District Judge I certify that this is a true and cot 'ect copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My cbrnrnission expires first Mor Jay of January, 2012 SEAL AOPC 315-07 DATE PRIITED: 11/20/07 12:12:00 PM 0 q%. Dorothy Hess, : Magisterial District No. 09-3-05 Plaintiff : The Honorable Susan K. Day vs. : Docket No. CV-000326-07 Cross complaint 001 Summer Penn , Defendant D7 - '7,3?/ PRAECIPE WITH CERTIFICATION TO PROCEED IN FORMA PAUPERIS PURSUANT TO PA R C P M D J RULE NO 206(E)(iii) To The Honorable Mark Martin: Kindly allow SUMMER PENN to proceed in forma pauperis. I, Grace E. D'Alo, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. k. C C gGra a E. D'Alo M ENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 CD ?'; HESS, DOROTHY M, ET AL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 07-7391 CIVIL TERM PENN, SUMMER M, ETAL. Defendant : CIVIL TERM AFFIDAVIT OF SERVICE I, Grace D'Alo, Esquire, hereby certify that on December 7, 2007, a true and correct copy of the foregoing NOTICE OF APPEAL was served by registered mail upon the following: Plaintiff Dorothy M. Hess 102 Centerfield Drive Apt/Ste A Harrisburg, PA 17112 District Justice Mark Martin: Mark Martin 507 N. York Street Mechanicsburg, PA 17055 4ID D'Alo for Plaintiff #26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 Phone: (717) 243-1968 IN. • - COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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 appeal from the judgment rendered by the District Justice on the date and in the case referenced below. -t?C0 3326-07 R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. signature of Prothonotary or Dep* 17 01 , vs Ck_)t °.. lant was C (20) days after riling the NOTICE of APPEAL. a District Justice, A COMPLAINT MUST BE FILED within twenty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dorot`iy Hess appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 1 91 !4? ) within twenty (20) days after sice of rule or suffer entry of judgment of non pros. Signature of appell r attorney or agent RULE: To Dorothy Hess appellee(s) Name of appeifea(s) (1) You are notifiad-VQea rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you try personal service or by certified or registered mail. ter. (2) If you do laot file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The dateofservice of this rule if service was by mail is the date of the mailing. Date: 20 fie) rl ignature ofProthonota or tity YOU MUST INCLUDE A .COPY OF TktE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL. AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of aunt Signature of official before whom affidavit was made Title of official My commission expires on 20 C C te -rry T - r r n C7) i - M °r?C3 "w rya }m David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff DOROTHY J. HESS Plaintiff V. SUMMER M. PENN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7391 : CIVIL TERM COMPLAINT 1. The Plaintiff, Dorothy J. Hess, is an adult individual with an address at 102 Centerfield Drive, Harrisburg, PA 17112. 2. The Defendant, Summer Penn is an adult individual residing at 700 A Erie Street, Dauphin, PA 17018. 3. On or about July 1St 2006, Plaintiff and Defendant entered into a Rental Agreement by which Defendant agreed to rent the premises at 69 West Main Street, Apartment 6, Mechanicsburg, PA, a true and correct copy of which is attached hereto as Exhibit "A." 4. Defendant is required by the Agreement to pay rent in the amount of $545.00 per month, plus sewage and trash, to the Plaintiff. 5. Said Lease has not been assigned by Plaintiff. 6. Defendant is in breach of her obligations under the Agreement in that she has failed to pay rent in a timely fashion at various times from the inception of the Rental Agreement. 7. Defendant has failed to pay rent from and after August 9, 2007. 8. Defendant has failed to reimburse Plaintiff for sewage and trash from and after August 9, 2007 which charges equal $26.42. 9. Defendant has damaged the rental unit, in that she has made holes in various walls and trim of the premises. 10. Defendant has damaged the paint in the aforesaid rental unit. 11. Defendant has damaged the walls, windows, window frames, sills and sconce in the aforesaid rental unit. 12. Defendant has damaged the chair rail and stringers in the central front stairwell of the aforesaid rental unit. 13. Defendant has burned the carpet in the aforesaid rental unit. 14. Defendant left the premises in an unclean condition. 15. Defendant has damaged the bath tub, the shower base, the wall, the medicine cabinet and other items in the bathroom of the premises. 16. Defendant has damaged the kitchen floor, the stove and damaged and removed other items in the kitchen of the aforesaid premises. 17. Defendant did not return the premises in the same good condition as existed at the inception of the Agreement. 18. Defendant has failed to provide to Plaintiff proof of insurance as required in the Rental Agreement. 19. Defendant is required to pay Plaintiff's attorney fees pursuant to the Rental Agreement. 20. Plaintiff is expected to incur attorney fees in the amount of $2,000.00 for the purpose of collecting amounts due. 21. Plaintiff has been forced to incur filing fees at the District Justice office in the amount of $60.50 for the purpose of obtaining judgment against Defendant. 22. There is justly due and owing to the Plaintiff from the Defendant on account of the aforesaid breaches the sum of Eleven Thousand Forty-Eight and 701100 Dollars ($11,048.70), calculated as follows: Unpaid rent $ 404.35 Sewage and Trash 26.42 Cleaning costs 300.00 Carpet damage 75.00 Bathroom damage 5,926.50 Kitchen floor 695.00 Kitchen door stop 7.00 Chair rail damage 130.00 Sconce damage 45.00 Interior wall damage 185.00 General painting costs 470.85 Stairwell painting costs 325.00 Window and window sill damage 100.00 Stove and range hood damage 233.58 Smoke detector 22.50 Advertising costs 42.00 Attorney fees 2,000.00 District Justice filing fees 60.50 TOTAL $11,048.70 23. Plaintiff is entitled to judgment against Defendant in the amount of $11,048.70. Wherefore, Plaintiff demands judgment against Defendant, Summer Penn for damages in the amount of $11,048.70, plus costs, interest and additional attorney fees through the time of trial. Respectfully submitted, By: azi, David J. Lanza Attorney I.D. No. 55782 3631 North Front Street Harrisburg, PA 17110 Telephone (717) 232-7661 Attorney for Plaintiff 07490-001/126825 my LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 THIS AGREEMENT, made this the I" day of July 2006, is between Dorothy J. Hess and Troy D. Hess hereinafter called LANDLORD, and Summer Marnee Penn hereinafter called TENANT. Summer?Marnee Penn's Social Security # is: 135-76-5946 and Driver's License # is DE 1424640. Summer Marnee Penn owns a iA1lL H49,4bjA? 6rUa J- car with a license plate number of The LANDLORD agrees to rent to the TENANT, premises known as 69 West Main St., Apartment 6, Mechanicsburg, Pa., consisting of a 1-bedroom apartment, upon the following terms and conditions: Monthly rent shall be paid in advance beginning July 1, 2006 as follows: • On the 1 st day of each month in the amogKof . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . .. . $545.00 Both the LANDLORD and TENANT agree that the TENANT will move into the premises on July 12, 2006. The July rent and all utilities are being prorated so the TENANT pays only from July 12'h through July 31, 2006. The discounted prorated amount is: $342.32. Payments to be made to: Dorothy J. Hess; 102 Centerfield Drive, Harrisburg, Pa. 17112. Phone: 717-545-3503. Rent shall have a discount of $50.00 per payment if received as follows: • if the rent payment is postmarked on or before the 27th of the previous month or received before the 1 st of the month for which the rent is due, the TENANT will be granted a $50.00 discount. The $50 discount will be forfeited if the rent is not received before the 1" of the month. For the leased premises, the LANDLORD will pay for _x_ hot/cold water _x_ gas heat For the leased premises, the TENANT will pay for: _x_ electric _x_ gas for the gas stove, _x_ personal expenses like phone & cable _x_ sewage and trash (this is paid directly to the LANDLORD each month with the rent check),_x_ removing snow from one spot in the rear parking lot so that the TENANT can park one car in the rear lot. Security Deposit: $495.00 paid on July 1" 2006 with C K q 9 U q of h r'1 --1-" 0aj)aY "Pe n n Late Charge: If rent is not fully paid within three 3 days of the due date -- $1.00 per day beginning on the fourth day. Bad Checks: Any check not cleared by the TENANT'S bank will be considered late rent and will be subject to the late charge specified in the lease plus a returned check charge of $35 plus the discount will be forfeited. The LANDLORD may thereafter require all future rental payments to be made by money order, cashier's check, bank check or other guaranteed funds. .? :? Sti• t.v.,,? _ ?n .yam*, d -7 Len th o'Lease: This leasc is from July 1 2006 to July 31, 2007. 3?t mill s` ft't `ed be [ v. Ais lease also automatically renews for 1 year at the end of any ?1 year renewal [ me Barrie unless the non-renewal options (60 days notice) under Lease Renewal (below) are exercised. Lease Renewal: 60 DAYS WRITTEN NOTICE by either party is required to end any renewal of this lease at the ending date which is July 31", or by the LANDLORD to change any of the terms and conditions of any renewal at the ending date. Failure to give LANDLORD 60 days written notice will result in the forfeiture of security deposit. Use of Premises: The premises will be occupied only as a residence. Summer Marnee Penn is the only individual who may occupy the apartment. No other occupants are permitted without written consent of the LANDLORD and an additional $30 per month per occupant will be charged. THE TENANT UNDERSTANDS AND AGREES AS FOLLOWS: (a) To pay the rent and all other charges herein reserved as rent on the days, and times and at the place that the same are made payable, without fail. If the LANDLORD shall at any time or times accept the rent or rent charges after the same have become due and payable, such acceptance shall not excuse delay on subsequent occasions, or create or be construed as a waiver of any of the LANDLORD rights. The- TENANT agrees that any charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charges, expense, or costs herein to be paid by the TENANT may be proceeded for and recovered by the LANDLORD by any process in the same manner as rent due and in arrears. (b) To keep the dwelling, patio, deck, porches, and grounds, neat and clean and free from all ashes, dirt other refuse matter; replace all glass windows, doors, etc., broken; keep all waste and drain pipes open; keep them in good order and repair as they are at the beginning of the term of this lease. This statement excludes reasonable wear and tear and damage by accidental fire or other casualty not occurring tlu•ough ne li' ENA r those e loyed by or acting for the TENANT alone T 1tee . t:eep :ctrl t coht? 1 TENANT'S INITIALS LEASE AGREEMENT PAGE I OF 9 ?A., 17,) 7, /4, Z1, 16 1 .1 LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 (c) To be responsible for and to relieve the LANDLORD from all liability by reason on any injury or damage to any persons or property in the premises, whether belonging to the TENANT or any other person, caused by fire, breakage or leakage in any part or portion of the building, or of which the premises is a part of or from water, rain or snow that may leak into, issue of flow from any part of the premises, or from the building of which the premises is a part of, from the drains, pipes, or plumbing work of the same or from any place, whether such breakage, leakage, injury or damage be caused by or result from the negligence of the LANDLORD or her servants or agents or any person whatsoever. (d) The TENANT must insure the TENANT'S own furnishings. The LANDLORD'S property insurance does not cover any damage to a TENANT or the property of a TENANT for any r son including fire, water leaks, eq„ur?)ment failures, vandaliism, theft, smoke, electrical tJ malfunctions, or any cause. - ?vfWSv{7}?t?;defiing." The TENANT is advised that, event 'the TE ANT does not purc ase renter's insurance, the LANDLORD'S insurance and liability will not cover any damage to the TENANT or the property of the TENANT as described above. (e) Upon the end of the lease, the TENANT agrees to peaceably and promptly deliver possession of the premises to the LANDLORD and leave the dwelling clean and in good condition. The TENANT agrees that the TENANT has been given the keys shown on the Move-In Checklist. The TENANT shall promptly return all keys for the premises to the LANDLORD and furnish the LANDLORD with a forwarding address in writing. The TENANT agrees to return all of the key(s) to the apartment that are in the TENANT's possession at the end of the lease (this includes all copies made by the TENANT) or pay a fee of $150.00 to cover the costs of replacing the front and back door locks. If the TENANT remains in possession of the apartment after termination of the term, or after the date in any notice given by the LANDLORD to the TENANT terminating this lease, such, possession by the TENANT shall not give rights to the TENANT. It is agreed in any such holdover period, reasonable rental or use value shall be One Thousand ($1000.00) dollars per month. All provisions of this lease, except those pertaining to term, and monthly rental amount, shall apply. 2I (f) The TENANT paid the LANDLORD a security deposit as stated on page 1 of this lease. The security deposit will be held by 7) LANDL until the termination of the TENA occ., a_y, or the performance of all terms and conditiuns t is lease. If the pro ' s e m o c e LO ,Y are full _ xai ,- t e sec tt w 1 die returned to the TENANT may use a Mecum ?.. eposrt rematnmg after the rent and water and sewage sums owed by the TENANT have been ria d by this least agreement or by deducted from the posit to make approp ded t V, Ls li(? e,sec, i de osit as - rovide security deposit law. ' (g) The TENANT understands water leakage into a home may cause property damage and mold if the leak remains untreated. This could be harmful to adults, children and animals. The LANDLORD is not aware of any water leaking into or mold existing in the home at the time of letting. The TENANT agrees to advise the LANDLORD immediately (within 3 days) if water begins leaking inside or into the home or if mold begins to grow in the home. The TENANT agrees to allow the LANDLORD and the LANDLORD'S agents full access to the premises for water and mold evaluation and remediation purposes. The TENANT agrees to do whatever the LANDLORD, any Federal, State or Local authorities, or agents of the LANDLORD recommend to correct or prevent a wet, moist or mold-friendly environment. If the TENANT does not comply with the requirements stated in this paragraph, the TENANT agrees to be fully responsible for damages to the home caused by water or mold and the cost of mold and water evaluation and remediation for the home. The TENANT agrees to hold the LANDLORD harmless for any personal physical or personal property damage to the TENANT caused by water leakage in or into the home or mold in or around the home. (h) The TENANT understands that housing built before 1978 may contain lead-based 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. 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. The LANDLORD is informing the TENANT that the LANDLORD has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. The LANDLORD is also informing the TENANT that the LANDLORD has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. TENANT acknowledges that (initial): The TENANT has received the pamphlet Protect Your Family From Lead in Your Home. TENANT'S 1NITIA LEASE AGREEMENT PAGE 2 OF 9 LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 Certification of Acc ac : Both the LANDLORD and TENANT agree that they have reviewed the info ation above and certify, to the 6-1 of their knowle e, hat the inf rm lion provided b the signatory is true and accura ?._ ant Dat L or D to Landlor . Date (i) The TENANT agrees to allow the LANDLORD free access to the home for the purpose of examining or exhibiting the same or for any other proper purpose. (j) The interest of the LANDLORD herein may : assigned. On demand, the TENANT agrees to subordinate their rights to any LANDLORD financing of the premises. In the case of any an assignment, the LANDLORD will advise the TENANT of the name or names of the assignee or assignees, and the LANDLORD shall have no liability hereunder from and after the effective date of any such assignment. (k) If a lender to the LANDLORD requires that the Lease be subordinate to any lien or encumbrance recorded after the date of the Lease affecting the premises, this Lease shall be subordinate to that lien or encumbrance provided that such subordination shall not materially alter the TENANT's right or duties under this Lease. THE TENANT AGREES TO DO NONE OF THE FOLLOWING: (a) Remove, or attempt to remove or manifest an intention to remove the TENANT'S goods or property from or out of the premises otherwise then in the ordinary and usual course of business, without having first paid and satisfied the LANDLORD for all rent which may become due during the entire term of this lease. Any goods or property so removed shall remain liable to distress for thirty days after such removal wherever they may be found fi(b) Vacate or move from the premises during term of this lease or permit the premises to be empty and unoccupied= he? ©004Q of 1 `nt l vVrjl'risttlLi'r fotffi(itre of seer rt 'deposit 'The TENANT agrees that the TEN ANT a an ons any ,., puss` ' lor?s remgiittn in' the, dwelling'aller 'move-out, arid, the TENANT agrees to pay the cost of removal and disposal of these possessions. If the removal and disposal of these possessions is done by the LANDLORD, the TENANT agrees to pay the LANDLORD $45 per hour for each hour that LANDLORD spends to do this. work. If the removal and disposal of these possessions is done by Troy Hess the TENANT agrees to pay Troy Hess $45 per hour for each hour that he spends to do this work. The cost and expense of removal and disposal of these possessions will be considered damage and be treated as a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:" section of this lease describes how repairs are handled under this lease. (c) The TENANT won't occupy the leased premises in any other name or for any other purpose than is called for in this lease and also agrees that Summer Marnee Penn is the only person occupying the apartment. The TENANT understands that, as stated earlier in this lease, no other occupants are permitted without written consent of the LANDLORD and an additional $30 per month per occupant will be charged. The TENANT agrees that the TENANT allowing additional occupant(s) to live in the apartment longer than 3 weeks without obtaining the LANDLORD's written consent is a violation of the lease. The TENANT agrees that if the TENANT does allow additional occupant(s) to live in the apartment longer than 3 weeks without the LANDLORD's written approval that the monthly rate per additional occupant will be increased to $60 per month per additional occupant and that the TENANT will pay this $60 per month increase for each month that the additional occupant lived in the apartment. THE LANDLORD SHALL HAVE THE FOLLOWING RIGHTS: (a) To display a "For Rent" and/or "For Sale" sign or both at any time. These signs may be placed on any part of the premises and may contain any information the LANDLORD requires. (b) To show the Premises to prospective purchasers or tenants at reasonable times upon 24 hours advance oral notification of the TENANT. (c) To inspect the premises from time to time and to maintain equipment, the building, and safety conditions. Reasonable advance notification will be given to the TENANT whenever possible but, in the case of an emergency no notification shall be required. (d) To deliver the premises to the TENANT in its present condition. The TENANT understands that the LANDLORD is under no duty to make improvements or alterations at or rea?ter. The TENANT has viewd the premises a y^ dtt4? present conditions - -- nbt 66 icspoMiW for any defects that are 6n this list but, TENANT is allowed to submit requests for changes, additions, of alterarions to the 17TENN/AN ANK INITIALS LEASE AGREEMENT PAGE 3 OF 9 Y LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 premises to the LANDLORD for consideration. The TENANT must submit all such requests to the LANDLORD in writing in order to make sure that they are acknowledged and addressed by the LANDLORD. (e) Acceptance by the LANDLORD of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the LANDLORD, or any of the penalties forfeitures of conditions herein contained, shall not in any way be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the LANDLORD and all forfeiture, penalties and conditions may be enforced together or successively at the LANDLORD's option. (f) Upon a proceeding instituted for recovering tttt: rent, by distress or otherwise, the TENANT waives the benefit of all appraisement, stay, exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. (g) To declare the TENANT to be in default of this Lease if any of the following happens: (1) TENANT'S failure to pay the rent within (4) days of its due date. (2) TENANT'S failure to vacate the premises at the end of the lease. (3) TENANT'S failure to comply with any other of the TENANT'S obligations under this Lease which default remains unremedied within 5 days of its occurrence. (4) TENANT becomes insolvent making an assignment for the benefit of creditors; becoming the debtor on any bankruptcy proceeding, voluntarily or involuntarily; having a judgment entered against the TENANT with remains unpaid for a period in excess of thirty (30) days. (h) All rights and liabilities herein given to, or imposed upon, or waivers of the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one TENANT, they shall be bound jointly and severally by the terms and conditions herein and the word "TENANT" shall be deemed and taken to mean each and every person or party mentioned as TENANT herein (be the same one or more); and if there shall be more than one TENANT, any notice required or permitted by the terms of this lease may be given by or to any one of them, and shall have the same force and effect as if given by or to all. No rights, however, shall inure to the benefit of any assignee of the TENANT unless the assignment of such assignee has been approved by the LANDLORD in writing as aforesaid. Y ,13 ?S (1) To declare that the entire rent reserved for the full term of this lease to become immediately due and payable and collectable. (2) To terminate the lease and enter upon and repossess the leased premises, without giving any notice, without process of law, and without being considered a trespasser. (3) To evict the TENANT from the leased premises upon providing the TENANT with a five (5) day Notice to Quit, the TENANT herewith waiving all other notice r any longer notification period that may otherwise be required by virtue of any law including but not limiied to the LAND ORD ANT Law. TENANT'S INITIALS LEASE AGREEMENT PAGE 4 OF 9 ?(b) When the TENANT defaults on the rent payment, or any part the rent payment after the same becomes due, or in case of a breach or evasion of any attempt to break or evade any of the covenants or conditions of this agreement, the LANDLORD shall have all remedies allowed and permitted by law or in equity including, but not limited to, the following remedies, all of which remedies shall be cumulative and NOT in the alternative: y LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 (4) To dispose of all of the TENANT'S }property remaining on the premises after the TENANT has vacated the premises and to charge the TENANT for such removal cost and without any liability to account to the TENANT for the value received for the items disposed. 3 (5) ?.4 ce covetd.by' s$cuty d Such offsetting will be done in the ordervdescribed in ]?aragrap t swap (a)"of the "LANDLORD SHALL HAVE THE` FOLLOWING REMEDIES" section of this lease. (6) To confess judgment against the TENANT for any-amounts the TENANT owes under this lease in which event the TENANT authorizes the Prothonotary or any attorney to appear for and confess judgment against the TENANT and in favor of the LANDLORD for the whole amount of the rent and other sums that are due, together with an attorney's commission of twenty percent and the costs of the suit. (7) To confess judgment against the TENANT in an amicable action in ejectment in which event the TENANT hereby authorizes the Prothonotary or any attorney of record to appear for and to confess judgment in ejectment against the TENANT and in favor of the LANDLORD and to direct the immediate issuance of a writ of possession, all without notice or leave of court and waiving all irregularities. (8) To assess the TENANT all reasonable attorney's fees and costs incurred by the LANDLORD in enforcing the LANDLORD'S rights under this lease including, but not limited to, all attorney's fees and costs incurred by the LANDLORD in securing the TENANT'S removal from the leased premises and in security payment of all sums due the LANDLORD under this lease, in which event the TENANT agrees to pay such attorney's fees and costs. Attorney fees and costs are considered "sums owed" with respect to the security deposit. (9) To collect all sums due the LANDLORD under this Lease in any manner provided by law. The power(s) conferred in the above paragraph (paragraph (b)) are continuing power(s) and may be exercised as frequently as occasion may require. (c) A copy of this Rental Agreement shall be sufficient warrant filed with a confession of judgment for rent unpaid or upon confession of judgment in ejectment, by "LANDLORD" to the local District Justice. approval is a violation =otlu tease. ,.The TENANT must use every precaution against fire and any accident, fire or damage on or to the premises. (c) The TENANT agrees to close the front door to the main part building when the TENANT uses this entrance. The TENANT will ensure that this door is securely closed so that the door locking mechanism is engaged. The TENANT has been given the security code to the front entrance and agrees to protect this code for security reasons. (d) The TENANT agrees to comply with any requirements of any Federal, State or Local Ordinances and relieve the LANDLORD harmless from penalties, fines, costs or damages resulting from failure to do so. Any fines, penalties or damages resulting from non- compliance will be the responsibility of the TENANT to pay. (e) The TENANT agrees to be responsible for NOT damaging the pavement, curb, awnings and other outside erections during the term of this lease. The TENANT has been provided use of I spot in the rear parking lot. The TENANT agrees to contact the LANDLORD if snow and ice isn't removed from the front pavements within 24 hours of the snow or ice storm ending. The TENANT agrees to remove snow and ice from one spot in the rear parking lot so that the TENANT can park one car in this spot. If the TENANT doesn't do this, and either the TENANT or the TENANT's guests park in the parking lot, the TENANT agrees that the TENANT will be solely liable for any accidents, due to or alleged to be due to the accumulations of snow and ice on the spot(s) where the TENANT or the TENANT's guests parked a car in the rear lot. The TENANT agrees to notify the LANDLORD of any snowstorm that yields 8 or more inches of snow. If this occurs, the LANDLORD agrees Lear the snow from the rear parking lot within 5 days of the date that Mechanicsburg Borough completes plowing the all be 'nd t e t ilding. The TENANT agrees to make every effort to remove his/her car from the rear lot before TENANT'S INITIALS f - _ _ (h LEASE AGREEMENT PAGE 5 OF 9 TENANT AGREES TO THE FOLLOWING GENERAL PROPERTY RULES: (a) The TENANT agrees to give the LANDLORD immediate notice of any accident, fire or damage on or to the said premises. er LEASE FOR 69 WEST MAIN STREET; APARTMENT #6;.ME,CHANICSB RG, PA. 17055 the LANDLORD arrives to remove snow from the rear lot. The TENANT understands that the LANDLORD is not responsible for clearing the area around the TENANT's car, even if the snow is 8 or more inches deep. The TENANT also understands that the TENANT is not allowed to shovel snow surrounding the TENANT's car to the center of the parking lot. (f) The rear parking lot for the 69 West Main Street is immediately behind the building on the area that is covered with black top material. Also, 2 compact cars may be parked on the stoned area behind the building. These cars must be parked parallel to the blacked topped area and as close to the black topped area as possible. The TENANT agrees to park the TENANT's car in this area. The TENANT has been shown the parking setup diagram displayed on the first floor bulletin board and agrees to park accordingly. Parking in the black topped area behind the neighboring building is not allowed. (g) The TENANT agrees to put all trash out for co ction on the morning of day that the trash is collected or in the evening of the day before the trash is collected. Any trash stored outside of the apartment building between trash days must be stored in a trash can that the TENANT purchases. (h) The TENANT will not sub-lease all or part of the premises. (i) The TENANT will not make any alterations, improvements or additions to the premises. All alterations, additions or fixtures, installed before or after the execution of this lease, shall remain upon the premises at the expiration or sooner determination of this lease and become the property of the LANDLORD, unless the LANDLORD shall, prior to the determination of this lease, have given written notice to the TENANT to remove same. In this event, the TENANT will remove the alterations, improvements and additions and restore the premises to the same good order and condition at which they are now. If the TENANT fails to do so, the LANDLORD has the option of collecting the cost and expense thereof, from the TENANT as additional rent or from the security deposit. The cost.and expense of removing such alterations, improvements, and additions and to restore the premises to the same good order and condition will be considered damage and be treated as a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:" section of this lease describes how repairs are handled under this lease. 0) At no time may the TENANT make or permit any noise outside of the apartment. Any disturbing noises by the TENANT or the TENANTSs guests or anything done that disturbs other tenants or neighbors are prohibited. (k) The TENANT will not allow any pets into the apartment or on the premises. If the TENANT obtains a pet without the LANDLORD's written approval, the TENANT agrees to pay $50 as a non-refundable pet application fee. The TENANT agrees to pay $5`0 per month for each month that the TENANT lived in the apartment for each pet obtained by the TENANT and not approved by the LANDLORD in writing. The TENANT agrees that obtaining a pet w,)thout the LANDLORD's written approval is a violation of this lease. Only a letter signed by the LANDLORD stating that a specific pet is approved to occupy the apartment is considered valid approval of the pet by the LANDLORD. The LANDLORD's written approval will describe the pet and list the pet's name. (1) Due to the LANDLORD's allergies, the TENANT agrees to pay the entire replacement cost of removing and replacing the entire carpet pad and carpet throughout the entire apartment if the TENANT allows a cat into the `apartment. If this is necessary, the TENANT agrees that the replacement carpet and carpet pad will be, at a minimum, of the same carpet quality and color as the carpet and carpet pad being replaced. The TENANT understands and agrees that in this situation, the TENANT will pay for the full replacement cost of the carpet and carpet pad with carpet and carpet pad of the same quality as the carpet and carpet pad were when they were new with no depreciation. The TENANT also agrees that removal and replacement of the carpet and carpet pad will be considered damage and be treated as a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIEsection of this lease describes how repairs are handled under this lease. The TENANT 40 (m) ?.'..; :arty{mss insurance or any other insurance shall become void or suspended, or the rate increased. (o) The TENANT will not hang curtain rods in the apartment. If the TENANT wants additional curtain rods hung, the TENANT will contact the LANDLORD for this. At the LANDLORD's discretion, the LANDLORD will hang additional curtain rods. (p)Mini bl'nds,ma or may not have been hung in the , a nt,fQr thf TENANT's, use.. Any new mmt rnds will hune nom exrs lntf mint urd rac ets. The T NANT will not rennove a old bracket and install a new bracket. (q) The TENANT will u n unter top as a cutting board. Cutting on or into the Formica damages it and is prohibited. TENANT'S INITIAL LEASE AGREEMENT PAGE 6 OF 9 r., LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 (r) The premises should not require painting more than q „e, yely fprty-eigbt (48) months dA LANDL tetion, wlieti thts: tnOtt and" the _ ,. t c' TENANT agrees I. o b 'Jit- e h 1@ LANDLORD may retain all or such portion of the .-TENANT'S security deposit as is necessary under the circumstances. (s) The TENANT agrees to bear the cost of keeping waste clear from drain pipes and keeping drain pipes open excluding sewer lines unless due to the TENANT'S negligence. (t) If the TENANT or the TENANT's guests smoJ in the-apartment, the TENANT agrees to remove all smoke from everything inside the apartment (For example: walls, ceilings fixtures, windows, appliances) before the TENANT vacates the premises at the end of the lease. The LANDLORD is advising the TENANT that TSP, a cleaner available from Lowes or Home Depot, will remove such smoke. The TENANT also agrees to purchase and run an air cleaner when anyone is smoking in the apartment. (w} y ,. - I?IT ages tit,; . t?LR Esc r)At? f „?r?' .: a repair is necessary due to the TENANTS abuse or negligence, the entire cost would be TENANtg fesponslbillty. This Item . '-doesn't apply to repair of appliances. (x) The TENANT understands that there is one thermostat for 69 West Main Street. This thermostat is in Apartment #1. The LANDLORD will set this thermostat between 68 ..and 72 degrees during the heating season. The TENANT agrees to notify the LANDLORD if the heat from the central gas heating system causes the temperature in the TENANT's Apartment to fall below 60 degrees or above 78 degrees between October 1 and March 30. All radiators throughout the building at 69 West Main Street have been preset to provide all apartments with reasonable temperatures. The TENANT agrees to not adjust any of these settings without the LANDLORD's approval. In addition, the TENANT agrees to not remove any of the hardware from any of the radiators. This hardware includes the blow-off valves that are on each of the radiators. The TENANT agrees to pay the following if the TENANT violates this section of the lease: • the cost for the LANDLORD to investigate and repair any heating problems in the building at 69 West Main Street during the time that the settings on the heating registers were adjusted or during the time when hardware was removed from any of the radiators, • the costs to repair any damages caused by the TENANT violating this section of the lease, • a minimum of $100 to cover any increase in the LANDLORD's heating costs throughout the 69 West Main Street building and • the cost of damages incurred by other tenants in the building. This includes any increased heating costs incurred by other tenants. To work properly, the heating system requires all windows to be closed and locked during the heating season. Interior doors should also be left opened in order for heat to circulate properly. The TENANT agrees to do these things without interruption between October 1 and March 30. The. TENANT understands that not engaging the window locks will cause the windows to leak cold air into and hot air out of the apartment during the wintertime. This could cause the temperature in the apartment to be colder than the other apartments in the building. If the TENANT doesn't keep the window locks engaged between October 1 and March 30 and the TENANT agrees to not make the LANDLORD responsible for the temperature inside the apartment. The TENANT agrees that, opening and/or not locking the windows in the apartment may also cause the central heating system to run more often in the wintertime. The TENANT agrees that, at the LANDLORD'S discretion, the LANDLORD may charge the TENANT $20.00 more rent for each day that the TENANT opens or unlocks windows between October I and Marc 0. The TENANT also agrees to be responsible for any damages caused by the TENANT not keeping windows closed and locked a;Wdiscribed in this paragraph. TENANT'S INITIALS i 1 LEASE AGREEMENT PAGE 7 OF 9 (v) The TENANT agrees that the LANDLORD'S appliances in the apartment include a gas stove and an electric refrigerator and understands that these appliances are in the property solely as a convenience to the TENANT. After 14 days from occupancy, at the LANDLORD'S discretion, the TENANT is responsible for any repair to these appliances. LEASE FOR 69 WEST MAIN STREET; APARTMENT ##6; MECHANICSBURG, PA. 17055 The TENANT agrees to not attempt to heat the premises with alternate heating methods without written approval from the LANDLORD. If the TENANT uses an alternate heating method without the written approval of the LANDLORD, the TENANT agrees to pay for all costs to run the alternate heating method and clean up any damage to the apartment and the premises caused by the alternate heaung method. The TENANT understands that such cleanup is not considered standard household cleaning and will be considered a damage and be treated as a repair under this lease. The TENANT agrees that anything done by the LANDLORD or an agent of the LANDLORD to investigate or repair problems caused by the TENANT violating this portion of the lease will be considered a damage and be treated as part of the cost of a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:" section of this lease describes how repairs are handled under this lease. (y) The TENANT agrees to have all carpets profest?nally steam cleaned upon leaving premises and furnish the LANDLORD with a paid receipt. Steam cleaning with rental units or persona ly owned shampooers are not considered "professionally cleaned." If the TENANT does not have the carpets professionally cleaned, the LANDLORD may have this done and charge the TENANT the cost to have the carpet cleaned plus $45 per hour for the total of the time that the LANDLORD or Troy D. Hess spends in the following activities: arranging for such work to be done, going to and from the apartment to meet with the carpet cleaner and waiting for the carpet cleaner to complete the work. The TENANT agrees. that unclean carpets will be considered a damage and the costs associated with correcting this be treated as part of the cost of a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:" section of this lease describes how repairs are handled under this lease (z) The TENANT understands that no waterbeds are allowed on the premises without the written consent of the LANDLORD and proof of rental insurance is provided annually. (aa) The TENANT will not put any type of tape onto any wall or ceiling in the premises. (bb)The TENANT understands that no personal items other than the TENANT's automobile may be stored outside the apartment. The TENANT agrees that LANDLORD may remove items that violate this and charge the TENANT for such removal. The TENANT agrees that this will be considered damage and be treated as a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:" section of this lease describes how repairs are handled under this lease. (cc) The TENANT understands that neither the TENANT nor.the TENANT's guests are granted access to the basement. The TENANT may not access the basement or give anyone access to the basement without the LANDLORD's written approval. (dd) The TENANT understands that all stairways in the building are to be used only for accessing apartments on the 2°d and 3'd floors. Using the stairways and lobby areas for anything else is not allowed. Making noise in the stairways that bothers other tenants is not allowed. (ee) The TENANT understands that, under no circumstances, may the TENANT store any flammable substance in or around the apartment or building. Any storage of flammable substances will be in direct violation of this agreement and will result in immediate eviction of the TENANT. (ff)The LANDLORD allows the TENANT to use grills at the property provided the grills are used on the ground level on the stoned area that is not near the vinyl siding. The LANDLORD is advising tenants that heat from grills used near or beside the vinyl siding could cause the vinyl siding to warp or melt. Because of this, grills may not be used beside or near (within 4 feet) the vinyl siding. (hh) The TENANT understands that unrepaired vehicles on the premises are prohibited. All vehicles must be inspected, maintained and licensed. The TENANT understands that the LANDLORD may remove any vehicle not inspected, maintained and licensed and that the TENANT will be responsible for paying for the costs of such removal. The TENANT agrees that removal of vehicles not inspected, maintained and licensed will be considered damage and be treated as a repair under this lease. Paragraph (a) under "THE LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:" section of this lease describes how repairs are handled under this lease. A,?,015- TENANT'S INITIALS LEASE AGREEMENT PAGE 8 OF 9 ?ti' LEASE FOR 69 WEST MAIN STREET; APARTMENT #6; MECHANICSBURG, PA. 17055 (k k) tic to pl rYe a puce of wood that the LANDLORD provides on the bottom of any window silYtefore placing an aii`" ct ? loner in thew The piece of wood wi11 extend completely across the bottom of the window sill. This prevents damage to the new vinyl windows. agrees fio'be re risible,fox dance e to the windows if this is n t.d ne. e T NANT will not screw.., r -nail into tlr ?t ees o.pay or t e ws _ to replace any parts.-- .__ M &.n is or"any o er manner. At) The TENANT agrees to NOT install air conditioners in any of the windows that face West Main Street. Il z ,The TENANT agr? to NOT make any holes in any o} the window sashes or any part of the window fixtures or framW The NANT agrees to NOT install any curtain robs ih4, e apartment. The TENANT agrees to use only curtain rods that the LANDLORD has installed. The TENANT agrees to be responsible or full replacement cost of any portions of the windows (frame/sashes/glass/etc.) that the TENANT damages in any manner. (nun) The LANDLORD and TENANT agree that any letter that the LANDLORD sends the TENANT using standard U.S. Mail will be considered received by the TENANT. (nn) The TENANT will comply with any additions to the rules enacted by the LANDLORD. Violation of the lease or any of the riles and guidelines of the lease and the rental property shall be sufficient cause for termination or eviction at the option of the LANDLORD and, if appropriate, deduction from the security deposit to cover the costs arising out of failure to comply. IN WITNESS WHEREOF, TAPAR S HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND YEAR FIRST ABOVE W E, , AND INTEND T?LLY BOUND THEREBY: ft A A TEN TNI -PEASE IS PPROVED WITH ALL THE COVE NT CONTAIN LA WO j or s) LAN LO r y TENANT'S INITIALS ess) LEASE AGREEMENT PAGE 9 OF 9 VERIFICATION I, Dorothy Hess, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. G 4DY?4jh Date: By; 2(4= Hess CERTIFICATE OF SERVICE AND NOW, this day of G?v 2008, 1 hereby certify that I -p- have served a copy of the Complaint on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Mid Penn Legal Services 401 E. Louther St., Ste 103 Carlisle, PA 17013 By: CALDWELL & KEARNS e-M ,'- David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff DOROTHY J. HESS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUMMER M. PENN Defendant NO. 07-7391 CIVIL TERM PRAECIPE TO ATTACH NOTICE TO DEFEND and AMENDED CERTIFICATE OF SERVICE TO THE PROTHONOTARY: Please attach the Notice to Defend and Amended Certificate of Service, attached hereto, to the Complaint filed in the above matter. Respectfully submitted, CALDWELL & KEARNS Dated: ?' 1 $ By. -'0- David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff David J. Lanza Attorney I . D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff DOROTHY J. HESS Plaintiff V. SUMMER M. PENN Defendant CIVIL TERM NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7391 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 / 1-800-990-9108 07490-001/129019 AMENDED CERTIFICATE OF SERVICE AND NOW, this 13th day of February 2008, 1 hereby certify that I have served a copy of the within Complaint on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Summer Penn 700 A Erie Street Dauphin, PA 17018. By: CALDWELL & KEARNS . • CERTIFICATE OF SERVICE AND NOW, this 13th day of February 2008, 1 hereby certify that I have served a copy of the within Praecipe to Attach Notice to Defend and Amended Certificate of Service on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Summer Penn 700 A Erie Street Dauphin, PA 17018 By: CALDWELL & KEARNS .??. ?? ? q c:.? ? -r3 t ' -? -? ' '' r w _ ? rr; ?. ? ?? ??? ?? ? . . . SUMMER PENN, Plaintiff VS. DOROTHY HESS, Defendant :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM, 07-7391 CIVIL ACTION- LAW PRAECIPE TO ENTER JUDGMENT OF NON PROS Please enter a Judgment of Non Pros because the defendant, Dorothy Hess, has failed to file a complaint in the above-captioned case. Ms. Hess has failed to file a complaint in this case within the legally allowable time frame, despite a notice sent to her on February 12, 2008, and therefore a Judgment of Non Pros should be entered against her. Attached is the notice sent to Ms. Hess on said date explaining the potential results should she not file a complaint within the specified ten-day period. r On behalf of Plaintiff, Summer Penn: j Grace E. D'Alo, Esquire Midpenn Legal Services 401 E. Louther St Carlisle, PA 17013 SUMMER PENN, Plaintiff VS. DOROTHY HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM, 07 - 7391 : CIVIL ACTION -LAW TO: DOROTHY HESS DATE OF NOTICE: FEBRUARY 12, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. 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 RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 17) 249-3166 Grace E. D'Alo MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 C C.; t SUMMER PENN, : IN THE COURT OF COMIvION PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 07-7391 CIVIL TERM DOROTHY HESS, Defendant . CIVIL ACTION--LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Summer Penn, Plaintiff, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma ap uperis, certify that I believe the parry is unable to pay the costs and that I am providing free legal services to the party. a6e D'Alo " Je ica Diamondstone G ffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 nJ ?, C I V.- t 13 't. .. ._.A''1y Y D HESS, DOROTHY M, ET AL, Plaintiff vs. PENN, SUMMER M, ETAL. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 07-7391 CIVIL TERM CIVIL TERM PRAECIPE TO STRIKE JUDGMENT OF NOL PROS I, Grace D'Alo, Esquire, ask that the Judgment of Nol Pros entered in the above- captioned matter at my request on February 25, 2008, be stricken. Yrace E. D' Alo Attorney for Plaintiff Atty. ID #26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 Phone: (717) 243-1968 cc: David Lanza, Esquire C` ?' m ? r'-: ?! ?? -<. >- ? -? cn ? x ? ? ? ?? y i.,?i ?' ;. ? a 1 ? y? .) rrx .? - -c HESS, DOROTHY M, ET AL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 07-7391 CIVIL TERM PENN, SUMMER M, ETAL. Defendant CIVIL TERM RESPONSE TO COMPLAINT AND NOW, comes the Defendant Summer Penn, and makes the following Response to the Complaint filed in the above-captioned case: 1. Admitted 2. Admitted 3. Admitted 4. Admitted. 5. Admitted. 6. Denied. Defendant paid all rent due under said lease. Byway of further answer Defendant avers that she usually paid three months in advance by giving Plaintiff checks that were post-dated. Defendant was only late once in her rent and paid the penalty set forth in the lease. 7. Denied. Defendant moved from one property of Plaintiff's to another in August with Plaintiff's permission and never missed any rent payment. $. Denied. 9. Denied. 10. Denied in part and admitted in part. A chair of Plaintiff's rubbed against one wall and made a mark less than two inches wide or long. 11. Denied. 12. Denied. By way of further answer Plaintiff avers that any damage to the apartment constituted no more than normal wear or tear on the surroundings. 13. Denied in part. The only damage to the carpet was one cigarette burn in the living room. 14. Denied. 15. Denied. By way of further answer, the medicine cabinet knob kept falling off but there was no damage to the bathroom other than normal wear or tear. 16. Denied. By way of further answer, anything removed from the apartment was with Plaintiff's permission in light of Defendant's move from one apartment of Plaintiff's to another. 17. Denied. 18. Admitted in part. Defendant informed Plaintiff of her inability to purchase such insurance and Plaintiff accepted this non-conformance with the lease by Defendant and by other renters in her apartments. 19. Denied. Plaintiff is entitled to "reasonable" attorneys fees under the lease. Fees charged for pursuing unsubstantiated, unverified, and untrue claims are not reasonable. 20. Defendant has no way of ascertaining whether this statement is accurate. 21. Admitted in part. Plaintiff may have incurred costs but those costs are not necessarily reimbursable. 22. Denied. There are no monies owed to the Plaintiff for the items specified. When Defendant moved out of the apartment, Defendant called Plaintiff and asked her to walk through the apartment. Instead, Defendant told Plaintiff to drop off the keys at Plaintiff's residence. Plaintiff accepted the keys and said she would get back to Plaintiff about the walk through. Defendant contacted Plaintiff again about the walk through but was told that there would be no walk-through and that she should not concern herself with the apartment. In addition all of the items listed are still in the same condition that they were when Defendant left the apartment and another tenant immediately moved in after Defendant's departure. Finally, Plaintiff has no proof that these charges relate to any actual repairs or work done on the apartment. 23. Denied. This averment is a conclusion of law. Y. race E. D'Alo !!Attorney I.D. 26146 MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 Attorney for Defendant Respectfully submitted, HESS, DOROTHY M, ET AL, : IN TIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 07-7391 CIvIL TERM PENN, SUMMER M, ET AL. ; Defendant CIVIL, TERM AFFIDAVIT OF SERVICE I, Grace D'Alo, Esquire, hereby certify that on March 6, 2008, a true and correct copy of the foregoing RESPONSE TO COMPLAINT was served by FIRST CLASS MAIL on counsel for the Plaintiff at: David J. Lanza, Esq. CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 SorGce E. D'Alo ney for Defendant Atty. ID #26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 Phone: (717) 243-9400, ext. 2517 C C i> ti y n ., r ?+ i s HESS, DOROTHY M, ET AL, Plaintiff VS. PENN, SUMMER M, ETAL. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 07-7391 CIvIL TERM : CIVIL TERM MOTION TO AMEND RESPONSE TO COMPLAINT AND NOW, comes the Defendant Summer Penn, pursuant to Pennsylvania Rule of Civil Procedure 1033, and asks this Court to Amend Defendant's Response to the Complaint in the above-captioned matter as follows: 1. All the information in paragraphs 1-23 of the Response to Complaint filed by Defendant on March 6, 2008, is herein incorporated by reference. 2. In addition, the Defendant avers the following counterclaim 3. Through this litigation, Plaintiff is attempting to collect a debt that is either not owed to it or, in the alternative, is owed only in a much lesser amount than the $11,048.70 averred in its Complaint. 4. Plaintiff's conduct constitutes an "unfair or deceptive practice" within the meaning of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et. seq. and in violation of the Fair Credit Extension Uniformity Act, 73 P.S. § 2270.1 et. seq., in that, among other reasons: a. Plaintiff misrepresented to Defendant, the character, extent, or amount b of the debt or its status in a legal proceeding, 73 P.S. § 2270.4(b)(5)(ii); and b. Plaintiff engaged in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding, 73 P.S. § 201-2(xxi). c. Plaintiff is liable to Defendant for treble damages, costs and other appropriate relief, pursuant to 73 P.S. § 201-9.2. WHEREFORE, Defendant prays that this Honorable Court dismiss Plaintiff's Complaint, with prejudice and award Defendant damages available under Pennsylvania's Unfair Trade Practices Act and Consumer Protection Law, or in the alternative, reduce the amount owed by Defendant by the amount of damages available under Pennsylvania's Unfair Trade Practices Act and Consumer Protection Law and award any other relief that the Court deems just and proper. Respectfully submitted, F'] (a E. D'Alo Attorney I.D. 26146 MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 Attorney for Defendant HESS, DOROTHY M, ET AL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. N0.07-7391 CIvIL TERM PENN, SUMMER M, ET AL. Defendant : CIVIL TERM AFFIDAVIT OF SERVICE I, Grace D'Alo, Esquire, hereby certify that on March 6, 2008, a true and correct copy of the foregoing RESPONSE TO COMPLAINT was served by FIRST CLASS MAIL on counsel for the Plaintiff at: David J. Lanza, Esq. CAI-DWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (ace E. D'Alo orney for Defendant Atty. ID #26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 Phone: (717) 243-9400, ext. 2517 C 4= 0 -n CIO 3 --? F n .,_. MAP .. c-n -?