HomeMy WebLinkAbout08-5520Cd MMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. OF- 55 d o C/ h L '-M
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.
Q
t.-T - WC)o4 35._0b
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.
sowh- of Pr-'--tw - Depw
vs
was
before 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 Prot " ryo_e:(??
Enter rule upon appellee(s), to file a complaint in this appeal
Name of aPPep"V) %
(Common Pleas No. ( / I / ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE:
(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 ate of service of this rule if service was by mail is the date of the mailing.
Date: .20
OE?) I ofP?otlronarary o
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
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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 affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
COMMONWEALTH OF PENNSYLVANIA
C011NTY nF- CUMBERLAND
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT,
Address: 400 BRIDGE ST
OLDS TOWNE COMONS
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989
Nil 1
-SUITE 3
17070
BARBARA IPPOLITTO
2116 CEDAR RUN DR APT/STE 305
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment: F? PLAINTIFF
- n Judgment was entered for: (Name) CEDAR RUN APARTNZNTS
Judgment was entered against IPPOLITTO, BARBARA in a
® Landlord/Tenant action in the amount of $ 1, 611.00 on 8/29/08 (Date of Judgment)
The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 625.00.
The total amount of the Security Deposit is $ .00
Total Amount Established b MDJ Less • Security Deposit Applied =
1, 10.00 _$ .00= Adjudicated Amount
0
$ 1,510.0
Rent in Arrears $
Physical Damages Leasehold Property $ .00-$ .00= $ .00
Damages/Unjust Detention $ _ 00 - $ _ 00= $ -00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
L/T Judgment Amount $ 1 510.00
? Attachment Prohibited/ Judgment Costs $ 101.00
42 Pa.C.S. § 8127 Attorney Fees $ -nn
1-1 This case dismissed without prejudice. Total Judgment $ 1,611.00
® Possession granted.
F] Possession granted if money judgment
? Possession not granted.
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
F4;=)AR R= APARTMENTS
PO BOX 335
NEW CUMBERLAND, PA 17070
L I
VS.
DEFENDANT: NAME and ADDRESS
r-IPPOLITTO, BARBARA 7
2116 CEDAR RUN DR APT/STS 305
CAMP HILL, PA 17011
L I
LT-0000435-08 _
Docket No.:
Date Filed: 8/18/08 -
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severall,V,.lid&e.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGII?FcNT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTbIdNOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF{IAONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTA WCLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL, WOILED.
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 JUDGMENT/TRANSCRIPT FORM WITH T OTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, If. E JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MW COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGp-..
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED ITHE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
` t
8/29/08 Date UV7-.-& Magisterial District Judge
L ertl y t at this is a true an correct copy o Me record o Me proce Ings containing a Ju gment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2014. SEAL
AO PC 315A-O6
RICHARD B. UBER AND : IN THE COURT OF COMMON PLEAS
CALVIN W. WILLIAMS, JR., CUMBERLAND COUNTY, PENNSYLVANIA
d/b/a CEDAR RUN APARTMENTS ,
PLAINTIFFS
VS. : NO. 08-5520 CIVIL TERM
BARBARA IPPOLITTO,
DEFENDANT
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
RICHARD B. UBER AND
CALVIN W. WILLIAMS, JR.,
d/b/a CEDAR RUN APARTMENTS
PLAINTIFFS
VS.
BARBARA IPPOLITTO,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-5520 CIVIL TERM
COMPLAINT
AND NOW, come the Plaintiffs, Richard B. Uber and Calvin W. Williams, Jr., d/b/a
Cedar Run Apartments, by and through their attorney, Robert P. Kline, Esquire, and state as
follows:
I . Plaintiffs are Richard B. Uber and Calvin W. Williams, Jr., d/b/a Cedar Run
Apartments, with a business address of P.O. Box 335, New Cumberland, Pennsylvania 17070-
0335.
2. Defendant is Barbara Ippolitto, an adult individual, whose last known address was
2116 Cedar Run Drive, Apt. #305, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Plaintiffs are the owners of certain real property located at 2116 Cedar Run Drive,
Lower Allen Township, Cumberland County, Pennsylvania.
4. On or about February 9, 2006, Plaintiffs and Defendant entered into an
Agreement of Lease for a certain premises located at 2116 Cedar Run Drive, Apt. #305, in
Lower Allen Township, Cumberland County, Pennsylvania. A copy of said Agreement of Lease
is attached hereto and incorporated herein as Exhibit "A". The initial term of said Lease was
from March 1, 2006 through February 28, 2007. The Lease provided a provision for automatic
renewal and was, in fact, subsequently renewed for two additional one year periods, with the last
period set to end on February 28, 2009.
5. Defendant has failed to pay rent as set forth in said Lease Agreement. Further,
pursuant to said Lease Agreement, outstanding rent for the remaining term of the Lease is now
due and payable by virtue of Defendant's default.
6. Defendant owes $100.00 for the month of June, 2008, as well as all rent due from
July 1, 2008 through the end of the term of the Lease on February 28, 2009, for a total amount of
rent due at this time in the amount of $5,100.00.
7. Defendant, by virtue of her delinquency in paying rent, is also obligated to pay
late charges as set forth in the Agreement of Lease. As of the date of this Complaint, $275.00 in
late fees have accrued and late fees will continue to accrue until Plaintiffs are paid in full.
8. The Defendant is also obligated pursuant to the Agreement of Lease to pay
Plaintiffs' attorneys fees.
9. Pursuant to the Lease Agreement, Defendant is obligated to pay the Plaintiffs
leasing fees and/or additional management fees equal to one month's rent, in the amount of
$625.00.
10. Defendant left the premises in deplorable condition, requiring the Plaintiffs to
expend considerable sums for cleanup and repair, including removal of trash, food, and other
personal items left behind in the premises, cleaning, replacement of vinyl flooring, replacement
of carpet, and other expenses, to date, in the amount of $2,120.67, which expenses are set forth
on the invoices attached collectively hereto as Exhibit "B".
WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
$8,120.67, together with attorneys fees, costs, and such other relief as this Court may deem just
and proper.
(I act
Date
Respectfully submitted,
Robert P. Kline, Esquire
Attorney ID#58798
Kline L aw Office
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070
(717) 770-2540
Attorney for Plaintiffs
VERIFICATION
We verify that the statements made in the foregoing Complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
(3 - aq - (P g
Date
Z?a'j a - uitl'.
Richard B. Uber
A,()
Date Calvin W. Williams, Jr.
AGREEMENT OF LEASE
DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT CAREFULLY. MAKE SURE YOU UNDERSTAND EVERY
PROVISION AND THAT ALL TERMS AND CONDITIONS AGREED UPON ARE SET FORTH IN IT. IT IS A BINDING
LEGAL AGREEMENT. Jd-
Lase beginaft_LST-dayof MA/
at 12:00 NOON. By and bhtM,,,,_SeEl t
? 'At
1. PROPERTY, Lndlad agrees to rant to Tama the
lease aad44 ,2.-2--- day of r
cal lord"And
called "Teoaaf'.
?olh o
property (also called -pmmuw): 7116 CEDAR RUN
2. RJWL 0 0 a 0 D
A. The total amount of rat due ova the TERM of this Least is: S fnT.-? 7r--
B. The resit due each MONTH is: ?---
C. Rea is due on or before the FIRST day of each month. month late
D. Taunt agrees to pay a late charge of SS0,00 if the ran is more than RIVE days late. This charge is every for E. Towns area to pay as additional lets charge of US.00 if the rat is nrote than FIFTESN days late (every mouth late) . -7 --WIN APARIWEM
F. Tenant makes payments to:
Addrms
Ail payments made by crock, money order or some other form of proven peymem Landlord nsorva the right to require
Paymeat in liquid form such as a$ money ardor. or artified book check if Landlord so desired. If Landlord requires this at
.say time throubnout the leans apeemet, the Landlord will make dish request in ?>
3. Sant RffY DEPOSIT. Team soli daposk with Landlord the arm of S
It is agresd ibst if Tenant dolimb oa shy terms or amditions of the lase agrommi% the wmvtymaybe reamed ss an offset for
dmmpm or low incurred by landlord. Landlord may also recover for damages in moss of the security deposit. THE SECURITY
DEPOSIT L8 NOT TO BE USED FOR LAST MONTH'S RENT when Taunt mm 6om the property, Tama will return all keys
and give Landlord written notice of Tamnt's wiling address where Landlord am return the severity deposh. Ltadlord will prepare a
list of for damages and unpaid Toots. Landlord most return security deposit minus any chanon, within 30 days.
4. $ENWA, At the and of the original tarot, this lase will sutoautCaUy renew on a year to year basis dwaRer. !f Tenant wishes
to avoid this automatic yaw rmewal. Tenmt must give written antics abdy (60) days before the and of the tam of bist her wishes to
vaain the promises and Kma+ to Pay the rent through the and of the tam then in of a if landlord wishes to Cancel the lease, it
WIGS b give writlm notice thirty (30) days before tiro end of any tam. Landlord agrees to give written notice at low forty five (45)
days before the and of any yw* term of soy proposed chimp in rot and/or ragulatiau. If. after the Landlord bad notified Tmm of
a cone in rat anti or rail ulatioas, Teuaw shall tail to give L mWl wd at gnat thirty (30) days written notice of Tenants wishes NOT
w renew for one year, tbe Lase will ahtomatialiy renew, with the changes in rent andl or rognlstioos as they were given in
Landlord's notice m Tenet.
5, UZ OF Ppp a=- Tram will ubt 1110 Property as reiidmna only. Not more tun poopk will live on to Property.
UlnlXrM -j21%,-
6. Test Wm to pry for all electric. able . and telepbane service to promises. Landlord is responsible for payment of
sewer. and the expeauo of trash removal for promises ("mast is responsible to take trash to cowaiaers). The heat, hot water and
cooking arc powered by elaAric. The water's paid by LANDLORD . Any odor utilities and services shall be supplied and
pad by Tenant.
7. AMPA& At to sad of the lase torm, do promises am to be given back to Landlord in as good ardor as it now is, reasonable war
and tear WiPactod. Tenant agrees to dKMI fdy clan toe promises before vatting, including M&MWW Cleaning (shampooing) of
the caryet with receipt provided. mid eleaniog of, but not limited to, all kitchen appliances, bsthtub, toile, crabinets, sinks, floors etc.
Teruat will pay for painting if oovepykng the Promises for mrytanne pas ton the twelve months. Team agues to pay for ANY damage
to praniaa. If during or after to tam of thin isms' danuga - beyond normal war and tar. Tenant gives the Landlord to right
to make repairs at Tenaru': expense, which shall be payable as additional tent, and due within ten (10) days of when the bill is given
a Tenant If Landlord makes any tepsk to damages, or neaps to cwon any Part of the promises because the Tenant has lulled to do so,
landlord may coon," out the repair to a d" party at their prevailing wages, costs or 0)(1=9011 of the toed party. If Landlord makes
nepaua, or Claiming Landlord will complete the work at a rate of fusty dollars ($40.00) Per hour for labor in additional to shy expanse
fa moorials, parts or supplies.
8. IF THE PROPERTY WAWUILT BEFORE 1978
LEAD HAZARDS DISCLOSURE REQUIREMENTS. The Residential Lead.Based Paint IiaTard Reduction Act says tow any
Lmdkwd or property bulk prior to 1978 mast give dP Team an EPA pamphlet titled Prato Yore Family From Lead in Yow Hose.
The Landlord also renu tell to Tram (and Broker for Landlord) what to Landlord knows about load-based paint hazards that are in
or on the property being rated Landiord must all the Truant how tbe Landlord knows that lad4,W pow and food-based Paint
hwids are on the property, vabase the lad-based Pont and lad based paint hi n rds are, and to condition ofthe painted sarb=.
Any Landlord of a pro-1978 structure eclat also give We Taunt any records and reports that the Landlord has or an get about lad-
based pairs or !ad-based Paint harards in or rand the property oiag noted, the Comm areas, or other dwelliap is multi-family
housing The Act does net apply to housing bush in 1978 or Iator. Land Wamlog Statlmmt Housing built before 1978 may contain
lad-based paint Lead fm Paint, Paint daps, and dust an pose hanith bnnrds if not taken care of properly. Land exposure is
especially bmmU to young children and pregwt women. Sainte renting pre:-1978 bousm& La ndbrds must ducker tbe presence of
k d'p lad-based paint sad lead- "W Paint harms in tiro dwelling. Tarots must also receive a federally approved pamphlet on
lad olsonkhg psewontion.
A. Land initial one:
Landlord does not know of any lead-based paint or lad-based paint hoards (dangers) oar the Property;
OR
.
Landlord knows that there is W&-based paint, or that there are lead-based paiot baaards on the Property.
Landlord must explain what Landlord knows about tad-based pstat and baTnds, inchuJing how Landlord
learned tot it is there, where it is, and the coodidim of painted walls, trim and other surfaces. Landlord must
give Team may other informattim landlord has about the lad-based paint and hazards.
B. initial one:
Landlord has no reports or records about tad-based paint or load-based paint humds on the Property;
La ndlord bat given Tenant all available records and ropon; about load-based paint or lad-based paint
hoards on do property. List records and reports:
C. Tonant initial all that we mw.
Tenn received do pamphlet Prated Yew Family From Lead in Your Home.
1
Tenant hdd&ls EX111b11 "A" Landlords Initialer
Tempt received the pamphlet Protect Yarn Faerily From Lead in Yaw Home.
Tenant tad the infasaatioo Landlord gave in paragraph g (A) and (B) above.
renaat received all records and repw that Landlord listed in paragraph a (B) above.
D. lMor aced Tenant Certify, by s*ft this Leave, that the information given is true and to the best of their knowledge.
9 Qmrrl9At ?± auezre_ The Office of the Attorney General hs Not pro approved any special conditions or additional tans added
by Landlord or TeeaoL Any special clauses unit comply with tha Pennsylvania Plain Language Consumer Contract Ad.
10. Tenant understands that Landlord will make no repairs, additions, or changes to the property
except as follows
11. AND RMUI-41111A Rules for use of the Property are ausched. Tenant promises to obey the Rules.
12.1 )F PROPERTY. Tenant, Teames family and guests area to obey all laws and Rules flat apply to Teong.
A. Tenant will: (1) Keep the Property clean and safe. (2) Oct rid of all trash, garbage and any other waste materials as
required by Landlord and the law. (3) Use care when using any of the electrical, plumbing ventilation or other facilities or
appliances an the Property.
B. Tenant wW NOT* (1) Keep any flammable materials on the Property. (2) Willfully destroy or deface any pert of tb e
Property. (3) Disturb the pace and quiet of other taunts. (4) Make changes to the Property, such as painting or remodeling,
without WRITTEN permission of Landlord. Repair
C. Repahs by Tenant Tenant will lay to repair any damage to the Property or to any hem in or on the Property that Totem
a Temant'.s SOW caus% whether through lack of care or accidenL
13. . MAINTAIN PROPERTY,
A. Landlord will beep the Property aced common arcs in reasonable condition and as required by law.
B. Landlord will keep all the structuml parts of the Property in good working order, including: Raof, Windows, Ceilings,
Door, Wads. Floors, Slaps arc.
C. Landlord will keep all symmes, servkxs, fail UM or appliances supphod by Landlord in safe and good waking order,
kmckWm& Air Conditioning (if euppiiedj, Electrical, Water; bating, Plumbing and Heating.
D. Teem is responsible for and will keep the following in safe and good waking Oder including: Drainage, Ventilation,
and Air Quality. if the Property is ti MMad with laundry equipment (or hookups for leutdry equipment) it is the Tenants
resp0051bllkY to (xw'ide proper veatlletion for the dryer unit
E. Landlord cannot Wresse rents, decrease services, a thrmm to to to court to evict Tenant because Tenant
(1) complains to t govwwmM agency or to Landlord about a building or housing code violation.
(2) organizes or joins a Taunt's organiation.
(3) wen ToneWs kph rWo in lawful trnamner.
14. LANDLORD'S JU(IHT To ENTEIL Landlord Nod Landlord's representadvea reserve the right to care upon the promises at
rasomabb hours for do; - F 0W of : a. showing the premises to prospective purchasers, tamers, lender, appraisers, munmee
underwriters etc. b. making repair. and service work, peg control, and c. b*cctmg for compliance with the conditions and covenants
of this lase. IN rases of emergency, Landlord may enter property without notice. Teams WILL NOT cbange the bits.
IS. EQUMM& Teanp agree that if Landlord cannot give Tenants possession because a previous Tenant has not moved out.
because of Property damage, or because of any resat beyond the reasonable control of Landlord, Team will no (told Landlord
responsible for damages. However. Landlord will not charge rent until Landlord can give substantial possession. All other terns of
the Lase will ruawn In effect.
16. TENANT'S FAILURE TO MOVE AT END OF TERM (HOLDING OVER). IfTenawfattr to move ow eterthe expfratlar of
the Mar. thin kaw s W be coukis ed a swasey from month to month at o monthly rental of rhea (3) thane the rent pcryoWeJ6r the
preriarf tear and with the other poyaeantr and under the same terms and condkkw of thin lears, howe?w shill be wilhow pr44,&ce
to any rlgha or rm-&- of kxdord 77* meats ire move all date hat been Stom to eklalty move onK efthe by teront or larrdor4
w"M W the other, and unawfalb to move out by that dote. tenant can be liable for hiding over chg. at &W (3) timer
17. NO PM, Tenant will net keep my pets on any part of the Property AT ANY TIME without the Landlord's written permission.
If at any teal any pat IS On Property. Tenant will be required to pay for total replacement of the carpet and padding and any other
danne to Property.
IL Tenant will maintain and tag (memhly) any smoke detectors an the Property. Tenant will notify
Landlord in writing of any broken smoke detector(s). Tenor win pay for my damage to Property if Tenant fn7a to maintain smoke
detectors.
19. 11RE OR Q DAMAGE,
A. Ifthe Property is aoeidenWly damaged (fire„ flood, etc.)
(1) Tenant may Continue to live an the livable part ofthe Property and pay a reduced toot as agreed to by Tenant and
Landlord until do damages are repaired; it the law does not allow Tenor to rive on den Property, then this late is
ended; OR
(2) If it It net poaible for TOMW to live on the Property, Tenant must ratify Landlord kmmedietely that Lease is
ended and'sam out within 24 haws.
B. if Tenant. Terraat's finmily or guests cause damage by fire or by other means, this lease will remain in effect and Tenant
will ooRtBms to pay red, am if Team can tat oc ow the Property.
20.
A. After Tmmt or Landlord has given written Notice to and this Lease, Landlord may show property to possible
tenet. Laadlord or representatives of Landlord will escort possible tenants through property. Tenant does tat
have to be prams when the Property is shown to possible tenants.
B. Tenant agrees ro move out pacefully when Lase is ended. If Tenant fails to move out when Lease has ended see
paragraph 16. TENANT'S FAILURE TO MOVE AT END OF TERM (HOLDING OVER).
21. IF TENANT BREAD t EASE
A. Tema blanks tru Lease N:
(1) Tenor does Not pay rent or other charges.
(2) Tam leaves Property permanently before the and of this Lease.
(3) TOOM does Not move out when supposed to.
(4) Team fails to do seyddog Tenet ag eW to in this L.ease
B. Nom-Payment of Red: If TooW Weeks Lease by not paying rent or other dirges, Landlord cam evict Tenant
(face Tenant to move out) from the Property without a written notice. Team agree tbu a wnittm notice of FIVE
DAYS is sufLLd=L This mans that if Team has Not moved from the property before the sixth day after Landlord
has given Tenant written Notion, Landlord tan file a lawsuit to evict TNuNL
TENANT IS WAIVING OR GMNG UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT.
This Emu IN the event of deiaalt. Tenant waives the requirement of any NOTICE TO QUIT.
2
Tenant IMitiala: :r- Landlords LMHW. 1(?W
C. Otter Leine Violations: If Tenant breaks any other term of this Lease, Landlord must give Toast written notice
describing the violation mod giving Tend FIVE DAYS to correct the problem. If Tenant does not correct the
problem, Landlord an then give Taunt FIVE DAYS written notice to move from the Property. If Tenant does not
move out, Landlord tan file a lawsuit to evict To wd on the shah day. Tenant Is waiving or giving up Tenant's
right to longer notka to correct problems and to wove out
D. If Tenant breaks Lease for my ransom, landlord way:
(1) Get back possession of the Property by going court to evict Temam. If Landlord hires a lawyer to alert eviction,
Tenak agrees to pay the lawyer's foes and Landlord's reasonable costs, such additional matmgement fees etc.
`Temrd also agrees to pay Landlord leasing feat and/ or additional mansturne t fees equal to one mootha rent.
(2) Fib a lawsuit against Taman for teats ad charges not paid and fen rants and charges for the rest of the Lease
tam. if Landlord wins (gets a money judg meat against Tenant). Landlord canon the court process to take Tenant's
personal goods, 5rnimne, motor vehicles, and money in banks etc.
(3) Keep Tenant's Security Deposit
22. SALE OF PROPERTY.
A. If Properly is sold, on the date of settlement, Landlord will give Tenant in writing:
(1) The owns, address, and phone number of the am Landlord.
(2) Wbere rant is to be paid.
(3) Notice that the security deposit has been given to the new Lan ll rd, who will be responsible for it.
0. Tamar agrees that Landlord may tnna61 Tenant's woney and advioced rent to the new Landlord.
C. Tend Whdetstands that landlord will have no duties regarding this Lase after the Property is sold and Landlord
may tratuhr (assign) this Lane to the now Landlord
D. Landlord agrees to require any maw Landlord, as a condition of sale, to take on Landlord's duties under this lease.
23. IF MYE_MMENT TArc A PROPERTY. The government or other public authority ran take private property for public use.
The tailing is called condemendat. Ifany pat of the Property is taken by the govannont, landlord will rednee the tent
propordomately. If all the Property is taken or is no longer usable, this Lease will and and Taunt will move out Landlord will return
to Tenant wry unused security deposit or advance rent No money paid to Landlord for the condermmation of the Property will belong
to Temaot.
24.
SUBLEASING AND TRANSFER-
A. Landlord may transfer this L arse to another Landlord mad this Lease will remain the same with the row Landlord.
B. Tenant may NOT trandw this Lase or sublease (rent to another person) this Property without Landlord's written
P
2S. TENANT HAS FEWER RIGHTS THAN LENDEL Landlord may have a mortgage an the Property. The rights of
the mortgage lender come before the rights of the Tenant (Example: If Landlord fails to make mortgage payments, the mortgage
kadw could take the Ptnpaty and and this Lase.) TENANTS MAY BE WAIVING OR GIVING UP TENANTS RIGHTS.
TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END
THIS LEASE.
26. MSURANCE AND EI RasR-
A. Tenant understands that
(1). LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANTS PROPERTY, OR GUESTS.
(2) TENANT IS REQUMM BY LANDLORD TO HAVE FIRE A LIABILITY INSURANCE TO PROTECT
TENANT, TENANTS PROPERTY, AND QUESTS WHO ARE INJURED WHILE ON THE PROPERTY.
B. Landlord Is not legally ravoosible for any injury or darnev that occurs on the Property and Tenaat.agreea to pay
any loss or claims, including attorney's fees, that results from the chaste or injury.
C. Landlord is responsible for any igjury or dump flat results from Landlord's carelessness.
D. To nat is responsible for wry loss to Landlord tut Tenant, Taunt's ftmnily, or guest acne.
27. NON-WAIVER. The fat'hure of Landlord to insist in nay one or mare Instances upon a strict porfomsance of any tam or condition
of this lease or to aordse wry of the rights sped8ed In the lase shall not be mistaken a a waiver for tie future of such term or
condition. All puts of tbis Lena Agreement shall always continue in full force and effect mien Landlord changes it in writing.
28. L{il, UM In the evert more than on pawn shall be Taunt, the liability of ach shill bo joint and several.
29. AND ASSIGNS. All rights and liabilities given to, or imposed upon, the individual bore within, shall eato d to and bind
the several and respective heirs, azaanors, adnhlaistratOrs, successors and amigos of said patties.
30. ITEMS of porsomd property left by Tesnk after vacating tie property, shall become the property of Landlord, which
reserves the right to dispose in shy mama or place property in storage at Tunaot's vq mse.
31. The headings in this Lease are mesnt,only to nuke it osier to find the paragraphs.
32-CONSUMNOTIQ Tank and Landlord have received the Couamher Notice as adopted by the Stata Real Estate
Ccamsisdom at 49 Pa. Code 35.366
33. Q1M TEBM$: Agreement by Landlord and Tenant to rise terns and mnditinna enwainwd urithin
35. ENTIRE ACRFEMENT. This Lease is the entire agreement between Tenant and Landlord. No spoken or Hrinen agieemencs
made before are part of this lase umiess they are included in this Lease.
NOTICE B SIGNING: IF TENANT LEGAL QUESTIONS, TENANT IS ADVISED CONSULT AN ATTORNEY.
r
TENA - DATE: O
TENANT. DATE:
TENANT: DATE:
GUARANTOR/ CO-SIGNOR:, DATE:. -
4AA, r)
!q?
Tenant Initials: Landlords Initials:
property or t.anWrm: Stove. ratriaratm, dishwasher.
INVOICE
Rich Uber
Cedar Run Apartments
P. O. Box 335
New Cumberland, PA 17070
This invoice is for work completed to gather up and remove to dumpster
approximately 24 large garbage bags of trash, plus the removal of all
carpeting.
September 23 and 24, 2008
Two men, 7 hours each -- 14 hours
Rate - $40.00 per hour
Total Invoice: $560.00
i
Paul Joh?sol
Eugene Acri
Exhibit "B"
Cedar Run Apartments
2116 Cedar Run Dr.
Camp Hill, PA 17011
September 30th & October 1, 2008
Cleaning for Apt. 305 at 2116 Cedar Run Drive.
I had to clean both bathrooms, toilets, wash powder
room and kitchen floors. Main Bathroom floor had to be
replaced. I had to clean out food and spilled food in
refrigerator and freezer. Cleaned stove and had to buy
and replaced ruined drip pans. Washed inside of all windows
and sliding door. Wiped out all cupboards and closets.
5 hours cleaning at $40.00 per hour= $200.00
Linda Young
a
Kuhn's Custom Flooring
393 Stonehedge Lane
Mechanicsburg, PA 17055
Bill To
Linda Young
2116 Cedar Run Drive
Camp Hill, PA
717.856.4867
Invoice
Date Invoice #
912912008 1122
P.O. No. Terms Project
apt. 305 Due on receipt
Quantity Description Rate Amount
83
1 Install new carpet and pad with power stretching everything, including seams and r/r
of any doors needed.
Supply and install tapdown metal for carpet installation 4.00
16.50 332.00
16.50
Phone # Fax # E-mail
717.756.5076
717.620.8512
flooringdoneright@comcast.net Total $348.50
!
Houps. 15-1;
I!) 110-6 SA? 1+-6 SU14DAY I1-5
51£3 WLISLE PIKE MECHWIC5F+URG €6 ;,050 "I19,'45 E'4'2:5iw'K
lrtft?G LIi?I+P: 1,00 RD. 21'61
..ls+?fl+ 5
T7V 41. r74i f ti+! 1668
`u`filar'£RfillN (!E 5(l?.LEi4l+ifiG
1416570 ME.tM. 12 too X. 9.00 1.,1101) S/Y 711t
Lit-SD V„n 02043 003-00119-11
6!12 3044 SUB0 OR S1,192
SALES TAX 5!12
!163l£F: t?0l9rc,,'?r'9A '
AMOUNT CHARM-D A/C
DATE '(ICKE7 PA.iD SAkE CH iNST DATE'
7'.I2o ''? 64icr1 r, 9;? l 44 3 Er) 131-1
HC?t?Ui?`f RAL .00
CUSTOMER'S SIGNATURE CONFIRMS THAT THIS AGREEMENT OF SALE IS SUBJECT TO THE TERMS d
CONDRIONS ON THE BACK OF THE CUSTOMER'S COPY.
CUSTOMER
SI ATURE X JPAIV ! IUD IPOSR
THANK YOU FOR SHOPPING AT
HEPFERS ACE HOMECENTER
(717) 761-7722
10/01/08 11:32AM JD 553 SALE
60825 2 * EA 2.79 EA
REFLECTOR BOWL 6" 8701-6 5.58
60817 2 EA 3.29 EA
REFLECTOR BOWL 8" #700-8 6.58
SUB-TOTAL: 12.16 TAX: .73
TOTAL: 12.89
BC ANT: $12.89
BK CARD#: XXXXXXXXXXXX4941
ID: 670121225899
AUTH: 136258
Host reference #:534108 Bat#000
SWIPED
CARD TYPE:MASTERCARD EXPR:XXXX
>> JRNL#F34108 «=
CUST # *5
ACE REWARDS ID # 1903349408
THANK YOU LINDA S YOUNG
FOR YOUR PATRONAGE
Name: X
I agree to pay above total amount
according to card issuer agreement
(merchant agreement if credit voucher)
SEASONAL MSDE MUST BE RETURNED IN 7 DAY
ALL OTHERS-30 DAYS,IN PACKAGE,W/RECIEPT
Customer Copy
10/01/2008 00:02 7175589325 PROSOURCE PAGE 01.
PROSOURCE OF HARRISBURG Page 1
7985 GRAYSON ROAD
HARRISBURG, PA 17111
Telephone: 7174584014 Fax: 717-658-9325
` ACKnrot+i+tFtu?w?vr?'
L
'
. E
C
YOUNG, LINDA YOUNG, LIN Z
CEDAR RUN APTS i PO BOX 335 G
PO BOX 335 NEW CUMBERLANPA, PA 17070 r"
. NEWCUMSERLANPA, PA 17070 2
i
Telephone: 717-M-4887
09/25/08 CG802425 -
StyleAtem Color/Description Size Quantity Units Price Total `
KELSO II OLD HICKORY 12X72 96.00 SY 6.60 624.00
FREIGHT 96.00 SYD 0.65 62.40
7/16 REBOND PAD 90.00 SY 1.90 171.00
-1orolroa - - - 11:23AM -
Sales Consultant(s): LARRY WEADER Material: 795.00
.. ---- -- ----- _ ,_.._.. , Service: 62.40
Sales Tax 51.44
INVOICE TOTAL: 4908.84
Less Payment(s): 0.00
Signature: BALANCE DUE: $908.84
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Complaint upon
Defendant by depositing same in the United States Mail, first class, postage pre-paid on the
• Tw day of October, 2008, from New Cumberland, Pennsylvania, addressed as follows:
Barbara Ippolitto
2116 Cedar Run Drive, Apt. #305
Camp Hill, PA 17011
1
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiffs
C -D
wZ7
%JD
RICHARD B. UBER AND
CALVIN W. WILLIAMS, JR.,
d/b/a CEDAR RUN APARTMENTS ,
PLAINTIFFS
VS.
BARBARA IPPOLITTO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-5520 CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To The Prothonotary:
Please enter judgment by default in favor of Plaintiffs Richard B. Uber and Calvin W.
Williams, Jr., d/b/a Cedar Run Apartments, and against Defendant Barbara Ippolitto for
Defendant's failure to plead to the complaint in this action within the required time. The
complaint contains notice to defend within twenty (20) days from the date of service thereof.
The complaint was served upon Defendant by first class mail, postage prepaid, on October 9,
2008, and Defendant's answer was due to be filed on or before October 29, 2008.
Attached as Exhibit "A" is a copy of Plaintiff's written notice of intention to file praecipe
for entry of default judgment, which I certify was mailed by regular mail to the Defendant at her
last known address on October 30, 2008, which is at least ten (10) days prior to the filing of this
praecipe.
Please enter judgment by default in favor of Plaintiffs and against Defendant in the
amount of $8,120.67, plus costs.
Date: j (-?I RCN ZM49
Robert P. Kline, Esquire
Attorney ID 458798
Kline Law Office
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070
(717) 770-2540
Attorney for Plaintiffs
RICHARD B. UBER AND
CALVIN W. WILLIAMS, JR.,
d/b/a CEDAR RUN APARTMENTS ,
PLAINTIFFS
VS.
BARBARA IPPOLITTO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-5520 CIVIL TERM
TO: Barbara Ippolitto
2116 Cedar Run Drive, Apt. #305
Camp Hill, PA 17011
DATE OF NOTICE: October 30, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
EXHIBIT "A"
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Notice upon
Defendant by depositing same in the United States Mail, first class, postage pre-paid on the 30"'
day of October, 2008, from New Cumberland, Pennsylvania, addressed as follows:
Barbara Ippolitto
2116 Cedar Run Drive, Apt. #305
Camp Hill, PA 17011
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
n o
C-. -n
-OFn
'
.-
rCi
n
L4 D
NOTICE OF ENTRY OF DEFAULT JUDGMENT
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TO: Barbara Ippolitto
2116 Cedar Run Drive, Apt. #305
Camp Hill, PA 17011
RICHARD B. UBER AND
CALVIN W. WILLIAMS, JR.,
d/b/a CEDAR RUN APARTMENTS ,
PLAINTIFFS
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-5520 CIVIL TERM
BARBARA IPPOLITTO,
DEFENDANT
NOTICE
Pursuant to Pa.R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT in
the amount of $8,120.67, plus costs, has been entered against you in the above proceeding.
s
rothonotary a?3