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HomeMy WebLinkAbout08-3501COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. - ?„? J C GG 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. r?' - 11 N va notation is required under Pa. C.P.D.J. No. 1001(6) in R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the iudament for Dossessionie this case. (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 appellee(s), to file a complaint in this appeal Na,** appellee(s) (Common Pleas No. Q) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To ( , appellee(s) ° arm ofappeN Signature of appofl-f or aftomey or agent (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: 20 i o ure f PnNhonotary or Deputy C/ V YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS 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 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 arrant Signature of officiat before whom afdevit was made Title of official C Q C) -n C= My commission expires on 20 rrI r°rs G M -3171 RJ_ T3 Niz? Q, • COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. MW Naive. Ho,: 09-3-05 MARK MARTIN 507 N YORK ST MECHANICSBURG, T,,,tpw,o?, X717 i 766-4575 17055 KRISTINA BUSH 7 W LISBURN ROAD MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for. (Name) NOTICE OF JUDGMENT/TRANSCRIPT PLAIN-TIFF: RESIDENTIAL LEASE NAME and ADDRESS FCLUGH, LORETTA 560 CARLISLE RD NEWVILLE, PA 17241 L_ _ VS. DEFENDANT: NAME and Aui>Fil S, 7BUSH, KRISTINA, ET AL. -, 7 W LISBURN ROAD MECHANICSBURG, PA 17055 L_ I Docket No.: LT-0000151-08 Date Filed: 5/21/08 5XI Judgment was entered against BUSH, KRIS`TINA in a Landlord/Tenant action in the amount of $ 412.00 on 5/28/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00. The total amount of the Security Deposit is $ 750.00 Total Amount Established b MDJ Less - Security Deposit Applied = Rent in Arrears $ 245.00 - $ . 00= Physical Damages Leasehoid Property $ _ . 00 00= Damages/Unjust Detention _ 00 00= ? Attachment Prohibited/ 42 Pa.C.S. § 8127 ? This case dismissed without prejudice. ® Possession granted. Total Judgment Adjudicated Amount 245.00 $ .00 $ $ ------ -----.. _Q_Q 00 $ _0 no $ _- 245-00 $ 167.00 $ _00 $ _412.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ FPossession granted if money judgment is no sa isriea oy time of eviction . . I?I 0 Possession not granted L-J Defendants are jointly an severally liable . ;. ;... ..:. .,n„ ?.. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS;, CIVIL DIVISION. THE,PARTY FILING AN APPEAL MUST,INCLUDE A,;COPY, OF THIS NOTICE, OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT As OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF,CFQMM6N.P)_EAS, ALL FURTHER PROCESS MUST COME FROM THE COURT oF'COMMO4, PLEAS;AND NO'FURTHER>PROCESS''MAY BE ISSUED 6Y')THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT CS.'ENTf=IlED 1N THE CQ<7F# OF COMMON PLEAS, ANYONE:INTgRESTED IN THE JUDGMENT MAY FILE . A REQUEST f OR ENTRY OF'SATISFACTION WITH'THE MAGISTERIAL DISTRICT JUDGEIF THE"JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR'Ol'HERWISE COMPLIES`Vil17HNE JUDGMET N.' Date _ , .?/?_ As Magisterial District Judge e_1 ertl that this is a true and correct copy o the record o the proceedings containing the ju gment. Date Magisterial District Judge Less Amt Due Defendant from Cross Complaint - interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees PA W r11 r . PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVA RIA 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__0% -- , M by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) jjobT(AI A A, -&k6 Q4 on l lW "k a , 20_? ? by personal service 5 by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND S;JBSCRIBED BEFO E THIS DAY OF -1 LW E- , LfQ. nature of official be om affidavit was e kzlluz p U--?'L . C, TiNO of official My commission expires on , 20 NOTARIAL SEAL CAMELA J MANGE$ Notary Pubve HAMILTON TWP. FRANKLIN COUNTY MY Commissl0n Explros Jun 21, 2010 Signature ofalfiant C q ' ao ' ? L I3 t ' : - rn ?; " Fh r F .-. rn C_ ?_ 11M UI- rtNNOTLVAMA COURT W%COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 10 I I COMMON PLEAS No. - .3 'q / 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 c_y& f r v+n 'k v vs This block will be signed ONLY. when, this notation is required under Pa. If'appeNaht was Clairhant (see P3: "R.C.P.O.J. No. 1001(6) in action R.C.P.D.J. No. 10088. .` This Notice of Appeg. when r4csiyW bytba bistrict Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS:to the `ntibr this case. * (20) days after Kling the NOTICE of APPEAL. ar DVW proMi al .. }'ct ` PRAE£IPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to.be used°ON1,,Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach frtyrrr copy of moce of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to go a complaint in this appeal _ Naipw?l appeNee(s) (Common Pleas No. j Q 1 (t) within twenty (20) days after service of rule or suffer entry of judgment of non pros. its Signature of iWagant oratbmsy oragent RULE: To? appellee(s) Name Of (1) You are npbfied 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 uporr"u by personal service or by certified or registered mail. (2) 16you ti Trot Ole a oomptaW Vrlthin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3k t„W date of service of this rule-if"ervice was by mail is the date of the mailing. / Date: - ?? ,20()R woa,onotay DeWy 7 7 O YOU MUST INCLUDE A GOPWOF THE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR SUPERSEDEAS TERMINATION Caption: CLUGH, LORETTA Appellee Vs. BUSCH, KRISTINA Appellant PRUCIPs TO THE PROTHONOTARY OF THE SAID COURT: COMMON PLEAS No. 08-3501 CIVIL CIVIL ACTION LANDLORD/TENANT The undersigned hereby requests supersedeas be terminated because appellant/tenant failed to pay June 2008 rent of $800.00 due on 1 June 2008, when notice of appeal was filed on 9 June 2008 pursuant to MAGISTERIAL DISTRICT JUDGES RULE 1008. DATE: Signature: d/2 fj Print Name: Address : J'^Lt0 (?t,5 K ?( OarL June 18, 2008, Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days the supersedeas is terminated. Cirtis R. Long, Prothonotary C ra --a - Fn or o s s } So M L ' 11 , . IN THE COURT OF COMMON PLEAS OF,CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PETITION TO RELEASE FUNDS FROM ESCROW ACCOUNT Caption: CLUGH, LORETTA Appellee VS. COMMON PLEAS No. 08-3501 CIVIL BUSCH, KRISTINA CIVIL ACTION Appellant LANDLORD/TENANT PETITION TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby requests funds in the amount of $245.00 be released from the escrow account for the above mentioned COMMON PLEAS No. DATE: Signature: Print Name : zo P Gr7 0, Address: .?CQD S eAo"L C ° PA f r' , F. ?. rr ? 33 p y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ORDER OP COURT Caption: CLUGH, LORETTA Appellee VS. BUSCH, KRISTINA Appellant COMMON PLEAS No. 08-3501 CIVIL CIVIL ACTION LANDLORD/TENANT oRDaR of CouRT Petition is hereby granted. Forward funds in the amount of $245.00 held in escrow in the above mentioned COMMON PLEASE No. 08-3501 to: Loretta Clugh 560 Carlisle Road Newville, Pa. 17241 DATE : Signature: v'i`i. I C' : [A Lz tin r oo01 At 7w?5??) -ak as pg-,350 / CUMBERLAND 0OUNTY OFFICE OF THE PF16THONOTARY 1787 ESCROWACCQUNT CUMBERLAND COUNTY COURT HOUSE CARUSLE, PA 17013 60-1503/313 DATE Time 30T 2008 PAY TOTHE 1 $ 245.00 ORDER OF j,?jT'p++??' ? ugh 9 CUMBERLANO 60 g d , * DOLLARS a ORRSTOWN BANK 08-3501 - "Release Rent" C l u g h vs Busch 112001787,11 -1:0 3 1 3 L 50 361: 108 L L L L w I- ?v ='- C_ -`t TT C7 _ ^r7 "T4 JJ s 13152406302008 Cumberland County Prothonotary 's Office Page 1 PYS405 Manual Release Check Regi ster 6/3D/2008 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------------------------------------------- 3934 CLUGH LORETTA Check Date: ----------- 06/30/2008 ------------------ Check No.: 1787 RENT 2008- 03501 PYMT/CHECK 245.00 6/09/2008 -------------- Payee total: ------------------------------------- 245.00 ----------- ------------------ Grand total: 245.00. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMPLAINT TO APPEAL Caption: CLUGH, LORETTA Appellee VS. BUSCH, KRISTINA Appellant COMPLAINT TO THE PROTHONOTARY OF THE SAID COURT: COMMON PLEAS No. 08-3501 CIVIL CIVIL ACTION LANDLORD/TENANT The undersigned hereby enters the following complaint: The Total Judgment determined by the Magisterial District Judge was for $412.00, broken down as follows: $ 200.00 - Appellant violated the lease when she allowed 3 additional people to move into the property. The lease clearly states there will be a surcharge for additional occupants which she refused to pay. The surcharge is $50.00 per person per month. I did reduce this charge from $150.00 per month to $100.00 per month. At the time of the hearing before the Magisterial District Judge, the 3 extra people had been living there for approximately 2 months. $ 5.00 - Late fee for April 2008 rent $ 20.00 - Letter fee - Letter dated 6 May 2008 - Notice to pay extra persons fee and correct lease violations. $ 20.00 - Letter fee Letter dated 16 May 2008 - Notice of intent to evict due to non-payment and lease violations. 8 167.00 - Judgment Costs $ 412.00 - Total Judgment I hereby request the courts to award judgment to the Appellee/Landlord in the amount of $412.00. I am also requesting the courts award judgment to the Appellee/Landlord an additional $2,320.00 for the following items listed on page 2 which took place after the original judgment for a total amount of $2,732.00. Page 1 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMPLAINT TO APPEAL Caption: CLUGH, LORETTA Appellee VS. COMMON PLEAS No. 08-3501 CIVIL BUSCH, KRISTINA CIVIL ACTION Appellant LANDLORD/TENANT COMPLAINT TO THE PROTHONOTARY OF THE SAID COURT: Continuation from page 1: $ 613.00 - June 2008 rent due - prorated for 1 - 23 June 2008 $ 115.00 - June 2008 extra person fee - prorated for 1 - 23 June 2008 $ 50.00 - June 2008 rent late fees $ 133.00 - Order of possession fees - 9 June 2008 $ 260.00 - Attorney fees - 17 June 2008, 18 June 2008, 23 June 2008 and 25 June 2008 $ 31.00 - U-Haul truck rental - 25 June 2008 $ 393.00 - Paid labor to pack up the entire house, load 14 foot U-haul (did not hold entire belongings), unload U-haul and place into Appellant/Tenant Storage Unit #134 at the Storage Depot located at 115 Cumberland Parkway, Mechanicsburg, Pa. 17055. - 24 June 2008 and 25 June 2008. $ 600.00 - My labor for packing and moving belongings. 24 June 2008 and 25 June 2008. $ 25.00 - Repair damaged wall in upstairs bedroom $ 250.00 - remove concrete poles $ 100.00 - repair scratches in hardwood floors $ 25.00 - repair damaged wall in Living room $ 25.00 - repair damaged wall in Kitchen $ 300.00 - Labor to remove remainder of belongings $ 150.00 - Storage fee to store remainder of belongings for 30 days -$ 750.00 - Security Deposit Credit $2,320.00 DATE: Signature: Print Name: Address: Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA COUNTYOF: Ctl ERRIAM Meg Dist. No. 09-3-05 MW N.rone. Ha:. KAJI= 19ARTIN hdtlrP55 507 X YORK ST KNC$AWICSBVRQ, PA Tete,*K,- (717) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME end ADDRESS rCLVM, LORMA 560 CARLISLE RD XZWZLLE, PA 17241 L J VS. DEFENDANT: NAME 3W ADUHf-SS rHIIaB, KRISTINA, ET AL. 7 N LISBViit1' ROAD 18ECBAIIC99VXG, PA 17055 JMBTTJftA SVBH L 7 N LI88V2X ROAD Docket No.: LT-0000151-08 MINCBAXICSBIIRO, PA 17055 Date Filed: 5/21/08 THIS IS TO-NOTIFY YOU THAT: Judgment: T X Judgment was entered for. (Name) Judgment was entered against AM, 11122`= in a ?Z Landlord/Tenant action in the amount of $ 412.00 on 5/28108 (Date of Judgment) The amount of rent per month, as established by the Magisterial District judge, is $ 800.00. The total amount of the Security Deposit is $ 750.00 Total Amount Established bJrJJOLess$Security Deposit Appl uuyoig?i_ Rent in Arrears 5S 00 . Physical Damages Leasehold Property $ .00 - $ 00= Damages/Unjust Detention $ _ 00 - $ -0 a Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) Ur Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees F]This case dismissed without prejudice. ZX Possession granted. Total Judgment Adjudicated Anioun $ 00 $ 00 $ -00 $ _00 $ sas_00 $ 167,00 $ _00 $ 412.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ H Possession granted it money judgment is no sa is y i o eviction. Possession not granted. ? Defendants are jointly and severally liable. ,?=wF.+w-*.,:..-r=j. .?+o•.r^•i-=r-+:?N.l;?'.1^'•.'--a--?s"' -+7':'i.+:-c:.L.•...afr tr. Wis., ., ..?.-.r,... -- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PHOTHONOTARYICLERK OF COURTS OF THE COURT OF COITION PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE;PARTY FILING AN APPEAL MUST INCLUMA COPY &O THIS NOTICE-OF JUDGMENT/TRANSCRIPT FOAM WITH THE NOTICE OF-APPEAL. EXCtPT S OTHERWISE PROVIDED IN THE RULE909 OIVIL PROCEDURF,FQR YAGI$TERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDEA ELECTS TO ENTER THE JUDGMENT IN THE COURT'OR"0 IQFfJ , IrAS, ALL FURTHER PROCESS MUST COME FROM THE COiMf `° '`ant'L+?IAIEf?P.PCQ?*iCNti'.I?IOY?IlE1XPROIC?SS°IG1X . -I?SUEb ?Yr?MA1?,tAL DISTRK:T JtNXiE . , , ; .`1?1?ESS``fNE'dlil'?GIAEl?1"I?.fl?17D #i T'H?`s? OF.+{70?MON PLEAS, YINYONI?INF?RESTED W TFIE.JUDtiINENT MAY FILE : _ `. ', ? A fl?lYtjiEST?'•6N't?ltW{.?F S'IITISF`AC!'TION * ? W??D?TRiCT JUDGE IF THE' JUDOMEN'C DEBTOR PAYS_iN FULL, ' SEy`'l`L?3;"CNT'OfilElitIY?15>COINP?'LlES'Ylil"1'Fi' ''tirli?l?t?'I:' '- -_ .. .? Date & *71- Magisterial District Judge Ifiertirly a is is a true an correct copy o Me recur o proce g-W con ning the judgment. _ Date Magisterial District Judge JudMW Diarist. CWW Of NOTICE OF APPEAL PLEAS No. NOTICE OF APPEAL. i' mo r m b qWm ad to app I I has Ned in $a at 11 i Cm d at Coaaaon Pbm an apiMd roam ha JudpnwM nralsrrd by ha ai.Nct Jusras on hs dab and In hs asss ratsrarroid blow. PRARE?E'W ENTER RULE TO PLE COMPLAINT AND RULE TO FILE PRAMM' To PrvNiorrotaty Er*w ruts upon "?" b \ k ^ appmlm*) b lb s oomI l in his oppad .. swsvmm (caarrwn Pisss No. -109 O / ),Main &mntV (20)drp ar? ssrvio. d nil. ar suiiw w ft d judgwa t d non pros. Nmr.Mrona¦r+.?er?ow RULE. To taf ? ? . NP~) ,-? +Mm (1) You we Vo a ni b msft arMuad upon you b tM • cnmpts' - in hb appsd wg* tm*V Gam) drys aQsr h! dsts dsa Ion _ii _ of hb ruts upgrr t wvioa or by asrli>sd or a oul Wrad mai. (2) rll ;11e a aon+ptabt! inhis a.IUDQ#IiMiT OF NON PROS MAY BE ENTERED AL3AINST YOU. (3x-???tM. of semi pf ifris Mr#ssnrios wars bg? mail is Ibs daM d tlrs Arsiq. oQW. :A: -20 hwerompw YOU MYST ommume ^G THE NOTICE OF.IUD6YEMTITRANSCRIPT FORM WITH TM NOTICE OF APPEAL.. AOPC 512-02 WWM-t WWF LElr0SEFLWWll V%QnM9 M WSW-MMMLE VDJWW-A"ULMM COPY P8W-0WVT0tES8MW0NAffWM =W-tjWVTO EILiIOGNDOW. AibM (TAU aselk - of brio tops umto MY u*w -ppa0r+1 a ss L MT (no AaRC.P.D..L Na IWIM to aetrat b?Aorr. 06M Aus/ioa F AIO T f1SED. dsheb ti+rlrrr a0Plr dAe*irdapaM b bs asnsd spat AppsRra RESIDENTIAL LEASE Plain Language Lease THIS IS A RESIDENTIAL LEASE, WRITTEN IN PLAIN LANGUAGE. IT IS A LEGAL AGREEMENT BETWEEN THE LANDLORD AND THE TENANT. READ THIS LEASE CAREFULLY BECAUSE TENANT GIVES UP CONSUMER RIGHTS. IF TENANT DOES NOT UNDERSTAND ANY PARTS OF THIS AGREEMENT, SEEK THE HELP OF AN ATTORNEY BEFORE SIGNING. THIS LEASE AGREEI?NT is made and entered into this Thirtieth day of January, 2008, by and between Loretta Clugh, 560 Carlisle Road, Newville, Pa. 17241, hereinafter referred to as "Landlord" and Raymond Hammersla and Kristina Busch, 7 West Lisburn Road, Mechanicsburg, Pa. 17055, hereinafter referred to as "Tenant" Property Address. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein, the dwelling located at 7 West Lisburn Road, Mechanicsburg, Pa. 17055 in the County of Cumberland and Commonwealth of Pennsylvania, described as follows: Three bedroom, 1 bath cape cod home. Refrigerator and stove is included. Lease Term. Twelve months for the period beginning on the First day of March 2008, and ending on the Twenty-Eighth day of February 2009. Renewal Term. This lease will automatically renew for a term of twelve months unless: A. Tenant gives Landlord 30 days written notice before the end of the Lease Term or any Renewal Term, OR B. Landlord gives Tenant 30 days written notice before the end of the Lease Term or any Renewal Term. Rent. Tenant agrees to pay to the Landlord for the use and occupancy of the said premises, the sum of Nine-Thousand, Six-Hundred dollars in 12 equal monthly rent payments of $800.00. Rent is due and payable monthly, on the 1st day of the month for which rent is due. Tenant agrees to pay late fees as defined herein for each day the entire rent due is in arrears regardless of the cause, including dishonored checks, time being of the essence. Rent may be mailed through the United States Postal Service at Tenant's risk. Any rents late or lost in the mail will be treated as if unpaid until received by Landlord. j?. Tenant's Initials: A- Page 1 of 6 Landlord Initials: If rent is received after the due date and late tees anctioY -adcilta ;c:.i r: as defined herein are not included with such payment, rent wi.':...' be con:siderer• "unpaid." Any payments received by landlord will be applied first towards late fees and/or other additional charges, then toward rent.. An Additional Service Charge of $40.00 will be paid to Landlord for all dishonored checks. If tenant bounces any rent checks, landlord shall have the right to demand cash or money orders on all future payments. Late Fees. Late Fee schedule is as follows: Da te paid or post mar ked * on or before the 1st of the month on the 2nd of the month on the 3rd of the month on the 4th of the month on the 5th of the month on the 6th of the month on the 7th of the month on or after the 8th of the month Rent amount due $800.00 $805.00 + ;i 5.00 late tee $810.00 (+ $ 5.00 late fee) $815.00 (+ $ 5.00 late fee. $820.00 $ 5.00 late fee $830.00 (+ $10.00 late fee; $840.00 (+ $10.00 late fee $850.00 (+ $10.00 late fees * if paying by check, check must be cashable .immediately, otherwise, Late fees apply until the day the check is-cashable. oacmpants. Tenant agrees to use said dwelling as a residence only ic)r .' Adults and 7 namely: Raymond Hammersla, Rristina Busch and Hailey Hammersla. Noone else is to occupy *..he premises without written consent from landlord at which time tenant agrees to pay $50.00 each month for each additional person who shall occupy the premises in any capacity. Pets. Tenant may have 1 pet as described in the pet addendum signed and dated on x February, 2006. Tenant may not have any additional pets on any part of the Property without Landlord's written permission (fish tanks excluded), at which time monthly rent will be increased by $25.00 per month per pet. All pets on the property not registered under this lease shall be presumed to be strays and will be disposed of by the appropriate agency as prescribed by law. Any pets kept on the property without the permission of the landlord in writing shall be a complete and material breach of the lease. The following sentence in the pet addendum: Tenant agrees that the monthly rent payment of $750.00 will not be decreased if at any time during the term of the agreement the above pet is longer on the property. Is modified to read: Tenant agrees the monthly rent payment f $800.t)ti wil_: r:or, be decreased at any time during the term of the agreement the above pet is no longer on the property. Tenants Responsibilities and Cara of Property. Tenant will keep the Property clean and safe and maintained in as good repair and condition as _. present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear, damages and/or casualties only excepted. Tenant will keep the Property in a sanitary condition and all ashes ?)the,_ rjarbage whicn ma accumulate thereon during the term are to be removed, and in case of failure to remove the same: the Landlord may collect as rent due and in arrears the cost of removal. Tenant is responsible for any treatment for pest control. Termites excluded. Tenant will not keep any flammable materials on the Property, except for gasoline/oil. for lawn mowing, which must be kept outside. Tenant will not willfully destroy or deface any part of the Property. Tenant will not allow accumulation of items in the yard. Tenant will not have furniture designed for' inside use on the outside :,. the rtokise- Tenant is responsible for maintenance and up keep of the yard. Grass tieighL s no, to-,'Xceed inches and weeds must be sprayed or pulled. If the yard is not maintained as specified, Landlord will notify Tenant in writing and Tenant will correct the problem within 3 days. In case of failure to do so, Landlord will perform the yard maintenance and Landlord may -- lect as :°e:1t OM- and in arrears a $35.00 fee or the cost of such. J? V Tenant's Initials: ? Page, 2 of 6 Laadlozd 2nitaala: r Tenant is responsible for shoveling snow from sidewalks and parking areas. No business, unlawful or otherwise, shall at any time be carried on upon said premises. Tenant will not Disturb the peace and quiet of neighbors. Tenant will not engage in Disruptive Activities such as loud music or loud parties. Tenant will not allow anyone, including children, to run water hoses. Utilities and Services. Landlord will be responsible for payment of water, Sewage and Trash Removal. Tenant will be responsible for payment of Heat, Electricity, Cable/Satellite and Phone. vehicles. Tenant agrees to park cars, trucks or motorcycles in the designated parking area only. Tenant agrees to have current registration, license plates and inspection stickers on all vehicles. Any Tenant vehicle found without these requirements causes a five day written notice sent by Landlord telling Tenant to comply. After five days, vehicle is removed and Tenant agrees to pay all towing and expenses. Tenant is not authorized to give permission to neighbors to park on any part of the premises and Tenant and their guests will not park on neighboring property. Repairs 4 UVrovernts. Tenant agrees that he has had adequate opportunity to inspect the condition of the property and Landlord makes no warranties or representations about the condition of the property, the improvements, utilities, electrical, plumbing, appliances or any latent defects of property or of the neighborhood. Tenant will not paint, wallpaper or make any changes or alterations to the property without the written consent of the Landlord. Any improvements made, with the written consent of the Landlord shall be the property of the Landlord and remain attached and a part of the property when tenant vacates. Tenant will tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tenant's or their guests willful, careless, or unreasonable behavior. If landlord chooses to make such repairs, tenant agrees to pay all costs for material and labor. Landlord's Right to Enter. Tenant agrees to let Landlord enter the Property at reasonable times for the purpose of making necessary inspections or repairs or show the Property to prospective purchasers or tenants, and may display "For Rent" or "For Sale" cards thereon. In cases of emergency, Landlord may enter Property without notice. Ordinances 6 Statutes. Tenant shall comply with all municipal, state and federal law, statutes and ordinances now in effect, or which shall be enacted in the future and tenant is aware of the property boundaries and will not encroach on neighboring property. Any violation thereof shall be a complete and material breach of the lease, and tenant agrees to pay any fines and legal costs imposed due to such violations. insurance and release. Tenant understands that nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased or the insurance invalidated. Tenant understands Landlord's insurance does not cover tenant, tenant's property, or guests. Tenant understands Tenant should have fire 6 liability insurance to protect tenant, tenant's property and guests who are injured while on the property. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any loss or claim, including attorney's fees, that results from the damage or injury. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause. Damage by Fire. In the event that the building is damaged by fire and through no fault of the tenant, and cannot be restored within a reasonable time in the opinion of the Landlord, this lease shall terminate with no further liability of either party. Tenant's Initials:-R, Page 3 of 6 Landlord initials: No Assignment Tenant agrees not to assign this Lease nor to sublet any portion ul rje property, nor to allow any other person to live therein other than as named in above without first obtaining written permission from Landlord and paying the appropriate surcharge. Furthex, it is agreed that covenants contained in this Lease, once breached, cannot afterward be performed, and that unlawful detainer proceedings may be commenced at once, without notice to Tenant. tnforotability. Should any provision of this Lease be found to be invalid or unenforceable, the remainder of the Lease shall not be affected thereby and each term and provision herein shat.?. be valid and enforceable to the fullest extent permitted by law. No Waiver. All rights given to Landlord by this Lease shall be cumulative to any other i..aws which might exist or come into being. Any exercise or failure to exercise by Landlord of any right shall not act as a waiver of any other rights. No statement or promise of Landlord as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless reduced to writing and signed by Landlord. Default. To further clarify the terms of the lease, the Tenant shall make certain that rent is received by the Landlord by the First of each month. A 3 day notion of non-payment will be served on the tenant if rent is not received or postmarked by the third of the month, regardless of fault of the tenant or the U.S. Postal Service. Notwithstanding the foregoing, the lease will be doomed materially and incurably breached and terminated if the rent and/or any additional rent is not paid. The acceptance by Landlord of partial payments of rent due shall not, under any circumstances, constitute a waiver of Landlord, nor affect any notice or legal proceeding in unlawful detainer theretofore given or commenced under state law. If tenant defaults on any other provisions of the lease, including, but not limited to any misrepresentations on tenant's application, the entire rent reserved for the full. term of the lease remaining unpaid shall become due and payable at once and may forthwith be collected ana the same time the Landlord may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Insolvency. It is further agreed that if Tenant shall become insolvent, make an assigiunent for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment shall be entered or an involuntary petition in bankruptcy be filet' against the Tenant, all the rent, reserved for the full term of this lease remaining unpaid sham. become due and collectible immediately. If Tenant breaks lease: Tenant breaks this lease if: 1. Tenant does not pay rent or other charges. 2. Tenant leaves Property permanently before the end of this Lease.. 3. Tenant does not move out when supposed to. 4. Tenant fails to do anything Tenant agreed to in this Lease. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord w1ii give Tenant written notice to pay the total amount due, including late fees or move out. Tenant agrees that a written notice of THREE DAYS is sufficient. This means that if tenant has not paid the total amount due, including late fees or moved from the Property on or before the third day after Landlord has given Tenant written notice, Landlord can file a lawsuit to evict Tenant.. Tenant is waiving or giving up tenants' right to a longer notice to pay or move out. Dther lease violations: If Tenant breaks any other term of this Lease and' rU w:i written notice describing the violation and giving Tenant THREE DAYS to correct the problem. if Tenant does not correct the problem, Landlord can then give Tenant THREE DAYS' written notice to move from the Property. If Tenant does not move out, Landlord can file a lawsuit to evict Tenant an the fourth day. Tenant is waiving or giving up tenant's right to longer notices to correct problems and to move out. If Tenant breaks lease for any reason, landlord may 1. Get back possession of the property by going to court 1, evic, e;aii, Landlord hires a lawyer to start eviction, Tenant agrees to pay the lawyer's tees arto Landlord's reasonable costs. 2. File a lawsuit against tenant for rents and charges not paid and for, rents and charges for the rest of the Lease term. if landlord wins (gets a money judgment against Tenant), Landlord can use the court process to take Tenant's personal. goods, furnO:ur,- motor vehicle d money in banks. t tenant's Znitials:d Page 4 of 6 Landlord Initials: 3. Keep Tenant's security deposit. Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeiture, default or expiration, any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the Tenant and in favor of the Landlord for the premises herein described, and to direct the immediate issuing of a writ of possession to include a clause for cost and rent due, waiving all irregularities, without notice and without asking leave of court. Legal Action. Tenant agrees, without protest, to reimburse Landlord for all actual and reasonable expenses incurred by way of Tenant's violation of any term or provision of this lease, including, but not limited to $20.00 for each Notice to Pay, Notice to Quit or other notice mailed or delivered by Landlord to Tenant due to Tenant's non-payment of rent or other breach of lease, all court costs and attorney's fees and all costs of collection. Any such costs shall be due immediately as "additional rent." Any payments received by Landlord will be applied first towards late fees and/or other additional charges, then toward rent. Both Landlord and Tenant waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in the County in which the property is located. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than 30 days subsequent to the date the cause(s) of action accrued. Any attorney of any Court of Record of'Pennsylvania is hereby authorized to appear for and to confess a judgment against the Tenant and in favor of the Landlord for the amount of said rent then due and unpaid as hereinbefore set forth. Waiver of Claims. Tenant hereby waives any and all right to assert affirmative defenses or counterclaims in any eviction action instituted by Landlord with the exception of an affirmative defense based upon payment of all amounts claimed by Landlord not to have been paid by Tenant. Other matters may only be advanced by Tenant in a separate suit. And the Tenant hereby waives the usual notice to quit and agrees to surrender said premises at the expiration of said term, or the termination of this lease without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, the Tenant waives the benefit of all appraisement, stay and exemption laws, the rights of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Truthful Application. If Landlord learns that Tenant is not truthful on the rental application, Landlord may end this lease immediately. Security Deposit. A Security Deposit payment in the amount of $750.00 was paid on 23 February 2006. The Security Deposit will be retained as part of this lease unless otherwise stated in writing. Upon the end of the lease agreement, the Landlord can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) that are Tenant's responsibility. Tenant may not use the security deposit as payment of rent, including the last month's rent. When tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's mailing address where Landlord can return the security deposit. If no address is provided, tenant agrees to forfeit security deposit. If tenant provides mailing address, Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the security deposit and Landlord will return security deposit (minus and charges to Tenant) within 30 days. Lead-Based Paint. Tenant acknowledges Landlord has no knowledge of Lead-Based paint and has received the pamphlet "Protect Your Family From Lead In Your Home". Tenant's Initials: f? Page 5 of 6 Landlord Initials: v Entire agreement. TENANT AGREES LANDLORD GAVE TENANT TIME TO REVIEW PHI:; LEASE.'c A,EAsiE TERMS ARE NOT UNDERSTOOD TENANT IS ENCOURAGED TO SEEK THE ADVICE OF AN ATTORNEY BEFORE SIGNING. BY SIGNING THIS LEASE, TENANT AGREES HE HAS READ AND UNDERSTANDS ALL OF THE TERMS AND CONDITIONS, This Lease is the entire agreement between Tenant and Landlord. No spoken or written agreement. made before are a part of this Lease unless they are included in this Lease. It is further agreed that the terms and conditions of this agreement and lease sha.i.: In Tao way be changed or altered except by a writing signed by all of the parties hereto. The conditions of this agreement shall extend to the administrators and executors <-t ali t", parties hereto. IN WITNESS WHEREOF, THE PARTIES AFORESAID HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE WRITTEN. f Tenant Landlord Tenant Raoe 6 of 6