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08-5622
%&VMMVP1VTCAL In Ut rtNN5 COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No O 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. ADDWSS OF APPELLANT Cn Y STATE / j ZIP CODE DA OF A)DqMENT IN in) DOCKET No. SIGNATkmtE APPELLANT OR ATTORNEY OR AGENT AT--aced 4-XSl -,0eF, 1h f This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action 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 judgment for possession in this case. S*Wtum & PMffiWWhry Dsp?ff (20) days after firing 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 Name of appell"(s) appellee(s), to file a complaint in this appeal (Common Pleas No within twenty (20) days after service of rule or suffer entry of judgment of non pros. ` slg ldwe of t oratbmey or agent RULE: To . appellee(s) Name of appepee(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: C\ _ 3 . 20 pg h 'e- signah.n of 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 COYt LAINT (This prof otservice MUST BE'FILED ' tl 7TP114 TirHP(iQ) 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 Two of Official My commission expires on 20 W r , W 4 Pn `0 C[: - tla M [ r z. V rnr- ` m M 5 --4 f 3 C COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAMEandADDRESS ?POMERS CHRIS 21 S HANOVER ST SUITE 1 CARLISLE, PA 17013 09-2-02 JESSICA BRZNBARER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY DEF PRIVATE : GEOFFREY M. BIRINGER 401 8 LOUTHER ST STE 103 CARLISLE, PA 17013-2625 THIS IS TO NOTIFY YOU THAT: Judgment: FOR •?T?'?'IFF Judgment was entered for: (Name) POHMS CHRIS Judgment was entered against ISAAC, LATOYA in a ® Landlord/Tenant action in the amount of $ 1, 442.78 on _ 9118/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 700, 00. The total amount of the Security Deposit is $ 700.00 Total Amount Establishe025.0 MDJ Less • Security Deposit Appliiied Rent in Arrears $ 0 - $ . Physical Damages Leasehold Property $ 00 - $ 00= Damages/Unjust Detention $ 00 -$ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees This case dismissed without prejudice. Total Judgment Possession granted. ® Possession granted if money judgment Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated amount $ 1,325.00 .00 00 $ 00 $ 00 $ ? -12% nn $ 117-79 $ ne $_ 1,442.78 R Defendants are jointly and severally liable. 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 LSASE, 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 COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE 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. rM Date Ca C? • + , Ma isterial District Judge -01JW ce "tat is a true an Corr c copy o e recor o e procee Ings containing the Judgment. Date , Maqisterial District Judge L VS. J DEFENDANT: NAME and ADDRESS rISAAC, LATOYA, ET AL. 23 S. HANOVER ST. APT/STE 2 CARLISLE, PA 17013 L J Docket No.: LT-0000258-08 Date Filed: 9/09/08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMERLAND ' Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRMMAMM Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717) 240-6564 ATTORNEY DEF PRIVATE : GEOFFREY N. BIRINGER 401 E LOUTHER ST STE 103 CARLISLE, PA 17013-2625 THIS IS TO NOTIFY YOU THAT: Judgment• 7 L J Docket No.: LT-0000258-08 Date Filed: 9109108 ® Judgment was entered for: (Name) POME>RS CHRIS Judgment was entered against ISAAC PHILLIP ® Landlord/Tenant action in the amount of $ 1, 442.78 on _ 9118108 in a The amount of rent per month, (Date of Judgment) as established by the Magisterial District Judge, is $_ 700.00. The total amount of the Security Deposit is $ 700.00 Total Amount Established by MDJess • Security Deposit Appliie= Adjudicated Ant Rent in Arrears $ 1,325.06 $ u_ _ $ 1,325.00 Physical Damages Leasehold Property $ 00 - Damages/Unjust Detention $ $ . 00= . ee= $ an Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ ee Attachment Prohibited/ LIT Judgment Amount $ f 00 42 Pa.C.S. § 8127 Judgment Costs $ 117 78 Attorney Fees $ ee This case dismissed without prejudice. Total Judgment 1, $ 442.78 Possession granted. Post Judgment Credits $ Post Judgment Costs $ X Possession granted if money judgment is no sa Is le y Time of evcd ion. Judgment Total $ ?? - Possession-not granted Q Qefendants.are-jolntlyn d_severally liable._' 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 OY 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 JUDGMENT/TRANSCRIPT 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 COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE 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. Date ?GGL Ll--",-- Magisterial District Judge s a true an corr ct copy of M e-recor o e procee Ings cpn ammg the lu gment. Date , Magisterial District Judge NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE r OwRS, CHRIS NAME and ADDRESS -71 21 S HANOVER ST SUITE 1 CARLISLE, PA 17013 L I VS. DEFENDANT: NAME and ADDRESS 17013 rISAAC, LATOYA, ET AL. 23 S. HANOVER ST. APT/STE 2 CARLISLE, PA 17013 Y IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHRIS POWERS, Plaintiff V. LATOYA ISAAC and PHILLIP ISAAC Defendants No. 2008 -S(o? CIVIL CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow LaToya Isaac and Phillip Isaac to proceed in forma pauperis. I, Geoffrey M. Biringer, 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. Date. 4 03Geoffrey M. Bi . er g MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. lD# 18040 C'3 rv m ` f w l F ; ? ?°rr T ? 60 z C7 .? r13 cil TH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of Cumberland PLAINTIFF: NAME and ADDRESS Chris Powers 21 S. Hanover Street, Suite 1 Carlisle, PA 17013 VS. DEFENDANT: NAME and ADDRESS Latoya and Phillip Isaac 23 S. Hanover Street, Suite 2 Carlisle, PA 17013 L_ Common Pleas Docket No. TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) Z:5 S, (print name and address here) have filed a notice of appeal from a magisterial district court jud ment awarding 77l//3 9 to my landlord poss?Ssion of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending "'al I appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I e/have not cross o (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowled e information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. 9?3 p*& Date S GNATU F TENANT AOPC 312-08 (B) t? d ? N u, t?l?:i11?1?11?/?1!\IlII??II=M?IJ Q' <t?l?:i?CJ?I?l?If1I!\1®N=M?I: (Domestic Mail Only, No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Covera, 117 Cr r%- co co r- Postage $ Z r' Postage $ l C3 Certified Fee 2, , p Certified Fee 2,7b p Return Receipt Fee Postm rk C3 Return Receipt Fee Postmark C3 (Endorsement Required) 1 G ?, (Endorsement Required) p Restricted Delivery Fee C3 Restricted Delivery Fee v } 1 wz (Endorsement Required) r.q (Endorsement Required) CC) 43 J/ p Total Postage & Fees $ q-1 p Total Postage & Fees r•' , y . D Sent TO Sent To ---••-•-•------------------ ['- Street, Apt. Nb.: r%- Street, Ap o.; - - '- or POBwrNo. (g N, ?? S ,? ?0d orPOBoxNo. -21 S Aydv4-s . Ile r / •-•-••-• _.;: . •- J.....- • -• --State--•••-- ---- --- --- ------ Clty State, ZIP+4 ,7 O ! -5, City . ZIP+4 ?7 ih / nA 1 7 D 13 _, MW( W OW QR, IVQ TWE OF APPQEAL AND imm M ME C!!' ?" (This ptrrof of service ANUST W FILED Of MW 7Ek (IV) DAYS AFTER h ing of ft I of spPSW Check appiiaabie boxes,J` COMMONWEA TH OF PENNSYLVANI COUNTY OF ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served W' a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 23 , 2t)G ? by personal service El by (certified) (V*" mail, `s receipt attached hereto, and upon the appellee, (name) "' on 3 , 20 AW 0 by personal service (certified) (r i?}.rriail, sender's receipt attached hereto. f WYRN) ?FFiRMED) AND UB.SCRISED BEFORE ME h ' (S THl DAY OF 2009 WS his of aAiant .A Ai"d Signature of ofncial be6ty whom afidavlt aria , Title of oAidal My commission expires on ia`3(o f A4 1 i COMMONWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COM1 PLEAS No- D ,arlvc 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. 1A OF APPELLANT OF AKPMENT CAP" (PNIW 4?& ©0 e= ?? DOCKET No. 'A yw E ! z?.k This . iNiN '- k :Y when this is required under Pa. if afhpeftw was Claimant (see Pa. R.C.P.D.J. ft. 1001(6) in amn R.C. This of ived V by the-Us tncc vA operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SU for posad"116A In (20) days after r*V the NOTICE of APPEAL. ?P ? -TO ENTER RULE TO FILE COAVq A W, AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (sae Ps.R.C.P.D.J. No. 1001(7) in action before Disbjct Justice. IF NOT USED, detach from copy of notice of appeal to be sotved upon appellee. PRAECIPE: To Prothonotary Enter rule upon,-„ appellee(s), to rde a complaint in this appal . Name of aPW"(s) (Common Pleas No. roZ t )within twenty (20) days after service of rule or safer entry of judgment of non pros. t P svnsh" Of SAWfAw or atkre??y or apont RULE: To appellee(s) Name of app~ (1) You are notified that a rule is hereby entered upon you to file a complaint in the appeal within twenty (20) days after the date of service of this rule upon you by personal serifs or by c~ or registered mad. (2) ff you do r ' tt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) T f service of ?,~service was by mad is the date of the mail ft. Date: 20 t Cs',` srsnrs" a ems: S ?? i YOU '1'r?INCLUIDE A C6PY'W,?E NOTICE OF JUDQ TfE Arlil VPT FORM vwTTH THIS NOTICE OF APPEAL- AOPC312-02 WHITE- COURT FILE TO BE FXW WFFN PROTHONOTARY GREEN- COURT FILE YELLOW - APPELLAMrS COPY LAVERY, FAHERTY, YOUNG & PATTERSON, P.C. BY: E. Ralph Godfrey, Esquire Attorney for Plaintiffs Attorney LD. No. 77052 225 Market Street Suite 304 Harrisburg, PA 17108 (717) 249-6333 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, : Plaintiffs, NO. 2008-5622 VS. CIVIL ACTION - LAW LATOYA ISAAC AND PHILLIP ISAAC, Defendants 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. NOTICA USTED HA SIDO DEMANDAWA EN CORTE. Si usted desea defenderse de ]as demandas que se pnesentan mas adelaote en las siquientes pagmas, debe tmnsr accion dentro de los pm)dmos veinte (20) dies despues de la notitrcacior? de ester Demanda y Aviso radicsrdo personahnente o por medio de un abogado una oomparecencia estrus y radicardo en la Corte por e= to sus defensas de, y objecciones a, las demanders p esentadas aqui en contra suyer Se le advierte de que si usted falls de tomar action comp se describe anteriormente, el caso puede proceder sin usted y un alto por cualquier soma de dingo reclamada en la demanda o cualquier otra reciarnacice or remedio solicitsdo por el dernandante puede ser dic ado en contra soya por la Corte sin mas aviso adicional. Usted puede perder dmero o propiedad u otros derechos importentes para usbed. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAIE O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, Plaintiffs, VS. LATOYA ISAAC and PHILLIP ISAAC, Defendants NO. 2008-5622 CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Chris Powers and Dianne Powers, by and through their attorneys, Lavery, Faherty, Young & Patterson, P.C., and aver as follows: 1. Plaintiffs, Chris Powers and Dianne Powers ("Plaintiffs'), are adult individuals with a principal place of business located at 21 South Hanover Street, Suite 1, Carlisle, PA 17013. 2. Defendants, LaToya Isaac and Phillip Isaac ("Defendants"), are adult individuals who reside at 23 South Hanover Street, Apartment 2, Carlisle, PA 17013. 3. Plaintiffs are the fee simple owners of the property located at 23 South Hanover Street, Carlisle, PA 17013 ("Property") pursuant to a deed dated December 4, 2006. A copy of the legal description, deed and abstract of title is attached hereto as Exhibit "A" and incorporated herein by reference. 4. On February 1, 2008, Defendants entered into a one (1) year lease agreement ("Agreement") with Plaintiffs for Apartment 2 located on the Property. Said Agreement is attached hereto as Exhibit "B" and incorporated herein by reference. 5. The Agreement obligates Defendants to pay monthly rent to Plaintiffs in the amount of Seven Hundred and 00/100 Dollars ($700.00), payable on the I" day of each month. 6. The Agreement permits the Plaintiffs to charge a late fee of Twenty Five and 00/ 100 Dollars ($25.00) if the rent is later than two (2) days after the I" day of each month. 7. The Agreement further provides that if Defendants fail to pay rent or any part of it when due and fail to cure such default after five (5) days written notice from Plaintiffs, then Plaintiffs may terminate the Agreement. 8. Written notice of the default was provided to Plaintiffs by letter dated September 5, 2008. A copy of the written notice is attached hereto and incorporated herein as Exhibit "C." 9. Despite Plaintiffs' reasonable and repeated demands for payment, Defendants have failed, refused and continue to refuse to pay rent due and owing under the Agreement, all to the detriment and damage of Plaintiffs. 10. Plaintiffs have performed all conditions precedent to bringing this action. 11. Despite the termination of the Agreement effective September 11, 2008, Defendants have failed and continue to refuse to vacate and surrender possession of the Property. COUNTI EJECTMENT 12. The averments of paragraphs 1 through 11 are hereby incorporated by reference. 13. Plaintiffs, as owners of the Property, are entitled to exclusive and immediate possession. 14. Defendants are now in exclusive possession of the Property without the right and without a claim of title. 15. Plaintiffs have demand possession of the Property from Defendants, who have refused to deliver possession of it. WHEREFORE, the Plaintiffs, Chris Powers and Dianne Powers, respectfully request entry of judgment for immediate possession of the Property, for the issuance of a Writ of Possession, for attorney fees, for the unpaid rent, interest, and for their costs and disbursements. COUNT II BREACH OF CONTRACT 16. The averments of paragraphs 1 through 15 are hereby incorporated by reference. 17. Defendants breached the Agreement by failing to pay rent in accordance with the agreed upon terms and conditions for the months of August, September and October, 2008 thereby damaging Plaintiffs in the amount of Two Thousand One Hundred and 00/100 ($2,100.00) Dollars as required by the Agreement. Defendants are also required to pay late fee in the amount of Twenty Five and 00/100 Dollars ($25.00) per month for each failure to pay rent, which currently totals Seventy-Five and 00/100 Dollars ($75.00). 18. The fair rental value of the Property is the monthly rent reserved under the Agreement. 19. Because of Defendants' breach of the Agreement, Plaintiffs have been damaged in the amount of Two Thousand One Hundred and 00/100 ($2,100.00) and Seventy-Five and 00/100 Dollars ($75.00) in late fees because of Defendants failure to pay rent. Rent and late fees will continue to accrue during the course of this proceeding, and demand is made therefore. 20. As a result of the breach of the Agreement, Plaintiffs have incurred reasonable attorney's fees, court costs and expenses and will continue to incur reasonable attorney's fees, court costs and expenses up to and including the time of trial. WHEREFORE, the Plaintiffs, Chris Powers and Dianne Powers, respectfully request that judgment be entered in their favor and against Defendants for unpaid rent in the amount to be determined along with delay damages, interest, costs and expenses and attorney's fees. LAVERY44?AT ERTY, YOTNQ & PATTERSON, P.C. By Attorney I.D. No. 77052 225 Market Street, Ste 304 Harrisburg, PA 17108 (717) 233-6633 Date: 10/13/2008 Attorneys for Plaintiffs VERIFICATION We, Chris Powers and Dianne Powers, hereby certify that the facts set forth in the foregoing Complaint are based upon information that we have furnished to counsel, as well as upon information that has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not our own. We have read the Complaint, and to the extent that it is based upon information that we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. We hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Chris owers ?) t-"AI-e 1-< e Powers Date: 10/13/2008 Exhibit A vl.?r' 2006 C":C 13 Aft 11 41 TAX PARCEL # 03-21-0320-049 THIS DEED MADE the day of December, 2006, BETWEEN CARLISLE AREA OPPORTUNITIES INDUSTRIALIZATION CENTER, INCORPORATED, of the Borough of Carlisle, Cumberland County, Pennsylvania, GRANTOR, AND CHRISTOPHER R. POWERS and DIANNE POWERS, husband and wife, of South Middleton Township, Cumberland County, Pennsylvania, joint tenants by the entireties, GRANTEE, WITNESSETH, that in consideration of the sum of One Hundred Fifty Thousand ($150,000.00) Dollars, the receipt whereof is hereby acknowledged, the sold Grantor does hereby grant and convey in fee simple to the said Grantee, his heirs and assigns, ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: ON the west by South Hanover Street; on the north by lot now or formerly of Sarah Todd Memorial Home; on the east by a public alley; and on the south by a lot now or formerly of Jacob E. Trimmer; known and numbered as 21-23 South Hanover Street; CONTAINING 20 feet, more or less, in frontage on South Hanover Street and extending in depth 240 feet, more or less, to the said alley on the east; BEING the same property which Kurt E. Suter, an adult individual, by deed dated May 17, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book a?5/ , Page 80?7 granted and conveyed unto Carlisle Area Opportunities Industrialization Center, incorporated, the grantor herein; eaoK 277 rzacF4868 10109/2008 8:03:25 AM CUMBERLAND COUNTY Inst.# 200644875 - Page 1 of 3 AND the Grantor hereby warrants specially the property herein conveyed; IN WITNESS WHEREOF, the Grantor does hereby set its hand and seal, the day and year first above written. WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: On this, the 0` day of December, 2006, before me, the undersigned officer, personally appeared DALE L. CROSS, who acknowledged himself to be the Executive Director of CARLISLE AREA OPPORTUNITIES INDUSTRIALIZATION CENTER, INC. and that he, as such officer, and being authorized to do so, executed the within instrument on behalf of such corporation for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: GRANTOR: Carlisle Area Opportunities Industrialization Center, Inc. Qy- Dale e L. Cross, Executive Director J? in- A lA /1.nt. Notary Public (SEAL) NOTARIAL SEAL D41NE M SMITH LOWER ALIEN "No CUM?pc ?1Y Comml"10n RED CO P1rei Jun 22, 2oa ? B60K 27 PAPE48 f$10/09/2008 8:03:25 AM CUMBERLAND COUNTY Instl 200644875 - Page 2 of 3 I HEREBY CERTIFY that the precise address of the Grantee herein is: ?' Qct /?D? k /TU c .. l t S li p? "70 3 M . . for Agent for Grantee COMMONWEALTH OF PENNSYLVANIA } :SS COUNTY OF CUMBERLAND } Recorded on this day of , 200_, in the Recorder's Office of the said County in Record Book , Page Given under my 'hand and the seal of the said Office, the date above written. Recorder xv M ? L4.&. N a w pqN W ??+ P ?•• M o- 1-+ O gn ig 6C> 0000dd 10/09/2008 8:03:25 AM Ii In ti! tY this to be recorci,(i 1berland Countyr t 277 CUMBERLAND COUNTY Inst.# 200644875 - Page 3 of 3 ABSTRACT OF TITLE 1. To Chris and Dianne Powers from Carlisle Area Opportunities Industrialization Center, Incorporated by deed dazed December 4, 2008 and recorded in Deed Book 277, Page 4868 in the Office of Recorded of Deeds in and for Cumberland County. 2. To Carlisle Area Opportunities Industrialization Center, Incorporated from Kurt E. Suter by deed dated May 17, 2002 and recorded in Deed Book 251, Page 3827 in the Office of Recorder of Deeds in and for Cumberland County LEGAL DESCRIPTION All THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Carlisle, County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows, to wit: ON the west by South Hanover Street; on the north by lot now or formerly of Sarah Todd Memorial Home; on the east by a public alley; and on the south by a lot now or formerly of Jacob E. Trimmer, known and numbered as 21-23 South Hanover Street. CONTAINING 20 feet, more or less, in frontage on South Hanover Street and extending in depth 240 feet, more or less, to the said alley on the east. Exhibit B Pool= u s DENML LEAM -.- c...-rrrcr 1. DATE of Least FEBRUARY I=2008 2. TENANT: (list all Tomb) MdI'sgAdtsS HahxhverStcettaetll2 Qstlhsk PA17II13 Phone Number(s) _ 71 1/267-4"3&57 Name Mailing Address phase Nuwber(s) 3. LANDLORD: (list mU Lsudlords) Dame Cbru d: Meat Poore m Marking Address 21 SeWb Hanover Street sine I tale PA 17013 mail Sao hoer test Phoas blumba(s) 7l7 x4l- Name Id i ft Address Phone Namber(s) 4. AGENT FOR THE LANDLORD L: NIA 5. PROP16h3TY Landlord ap3mto rat to Tenn Om fioBuwmg Pfoperty: 23 Sash Hsno jKSheet At#2 QstN*. PA 1701 6. STAAMG AND BNDING DATS9 OF LULL= (also aafted "Term") A. SbatdugDatte: This Lem il- I m en FdEM is 20M at 12 Nvaa_ B. Reding Dow This lease ends an _- Febnrarv I' 20D9 ? at) 2 Noon. 7. RENEWAL TERM This Lease wM auowntimlly romew fora term ofi'_ 1 JQNSI year at the Ea ft Date unim A. Tened gives i.=Wbtd S days' wfiaea notice bel a P F? Date or befom Plat end of any RenevAd Tetra, OR B. Lmdlord gives TvaW -.5 days' written notice befbre Ending Date or before the end of any Renewah Term. C. For Mawth to Meath. !,eases Only: Ei?a Landlord or Teaew miry end a motif on month Prase by giving 30 4mye w itssa notice en or beforr; the day the nest rent is cat. 8 RENT A. The total waawnt of rent due am the um of iris Lease is S _8400.00 B. Tht w w real doe each motes is S 70000 C. Rent is clue on or before the lot day ofthe morhth. D. Tenaat pays a late charge of S 00 ifTent is mom dm M days late. E. Tana t taaW , par+asnlh: to. _ t]aris and DIN= Pavers _ Address 21 &A 1llmm- Stheat suite I C;adlsit PA 17013 9. BEFORE MQVING INf, TENANT PAYS Psis _ -Due A. Part ofa month's rent if Tawm lakes posomioo before iM regular due date S S B. Fast tneatlt's mtt S700-00 S C. Otbw Paid 790M rAAH s D. Sectuity Deposit, on deposit at members Ist (name of bank) s $ Total rent and security deposit cecelvoi ft deft y S ToW ammad dwe Odom Trenat moves is 51400.00 0. USE OR PROPERTY _ A. Tenmht will use Property ss a teskkaw or _ )WA B. Not mesa than ft . , paople will five on property. TENANT(S) (Initials) T. _ LANDLORD(S) (Iaitiats Vd Sz£b I VU LL OVAH %13MOd 210 d 61.:90 go 60 ISO 11. 1EMLrrMS A" SERVICES A. Landlord will pry for + cold water hot wow _ taraah tanoval ,? _._ beat _ kwm srd shrubbery tare electricity avow removal water, coat over yeaariy charge _± heeler Mokmermwe contmct + sewage coats and aaainienaece -_._. otbcr B. Tenant will pay for cold water hot water ±_ taaaim removal + _ heat hwn sod obsubbea y care + ddeectricity ±_ 311010 rerrmosral :rater cost overyeaariy dearge rheow mememance contract sewage oosts and mdamince ± other 12. SPSCUtL CLAUSKS Any special elnraes mW cedeply with tare Pa wMivmraa Plain langamge Comwnw Contract Act. The Atmm y CmmW has not p 4pproved any special germs added by t.mdlotd or Team a'Ur pidn bogu age p m-approW oftbis ootatract. 13. CONDITION OF PROMRTY Tenant tae krstands that Landlord will n w no repairs, additions, or d oWm, In, the property except as foilows!_ 14. IF PROPBRTY WAS BUILT RMAE IWO Lead Hau da Di tbwro Requireaaants The Residential bead-Based, Paint Hazard Redaction Act says [her my hmMmd of property built before 197$ must give the Mort an EPA parga Hat tiled Praucrx Yarr Fomiry fmm Lear[ In Vow Mom. The landlord also must toil ft 6elant sad Wa Agent her Landlord AM the Landlord knows about lead-based paid[ and kadAmed paint h um& that are In or on the property babg mmied. Landlord must %I the tetrad- boar the Landlord bwws that lem&based priest and bed-bond pmW hazards am on to property, whom On kmd based print mid lead- besed paint hazards are, add too condiion of the paid-od surh=& Any landlord of a pert.197= apddrtve muat also give the to mwwt wV records sad reports dM doe bMk d bas or ea m get about leaad4adeed paint or lead-band paled hatarda in or around the property beam mw m4 the Comm areas, or other dwellings in multi-family housing. The Act does not app>.y? to bowing brit iv 1976 or later. IoW Wiarnhag Sfatemedt Housing built basrone 1978 may coulam lead-breed paint. Lad from pak k paint c hips, and dust can pose hedlh laasads if toot UkIn COO of Properly. Lead expoarore is arpmie ft barmaid to young childaaat =d pregnant wom m Before mntmg pie-1979 homin& landlords mdat diwim the pmsence of krmovrn ked-bssed paint and la d4 maed pant hazards in the dweIKYg. Temu is must also m came a f+edwa* approved pdarapbtet on lead poisoning prevention. A. Landlord initial ene: Landlord does not know of any lead-based paint hazards (dangers) on the Property. OR Landkrd knows that Owe is Iced-based paint, or that dam we lad-based paint haza<+ds om the Property. Lamdkwd must explain what Landlord knows about the lead4xmd paint and hazards, including how Landlord learned that it is there„ where it is, and the condition of painted walla, trim and other surfaces. Landimnd must given, Terom any other in%rmmatwn Landlord here abort the lead-based paint and kad-band paint hazards. 8. Landlord initial one: Landlord has no rgxwb or records about lead-band paint or lead-based paint hazards at the Property. OR Landlord hag given Tenant all available records and reports about lead-band paint or lead4wed paint hazwds at the Property. List records and reports: C. Tomw initial all that an utre~ Temmnt raoeivW the paampllet Protect Your Fmxify t w Lard In Yow How- Tenud read die infon mstion Landlord pw in pwagaph 14(A) and (B) above. Team received allteoorsle and repro chat Landlord iiseed In pwaapVh 14(B) above- D. Laaedlord am Te mant car*, by slyft ibis Lease: rust be b&mwfm given is true to the bas- of their knowledge. r-- TENANT(S) (initials) LANDLORD(S) (1>ritiads) 9'd Mt?VODU OVAH SN3MOd NO dZL:90 90 60 100 E. Agana involved in the tramaaction cv tilj+ by signing hem that 1. The Information given is true to the best oftheir knowledge. 2. They have told landlord of Lanrdimid's responssibillkies under the ResWantiM Lead-Based Paurt Hazard Reduce Act (42 U.S.C. §48524), described in Ow Lead Hazard Disclosnune Requkesnartts above. Agents n*m make sure drat Landlord gives Tenant the urfotmetwn reghamd by the Act. Agents Sign Here: Doc Date 15. RULES AND REGULATIONS A. Rules for use of the Property are attached. 1 Yes I No B. Teastt pramses to obey the Races. C. Landlord cannot change the Rules unless the change beneftts the To=* or irnproves the health, safety, or weftre of00as. 16. TENAMrS CARE OF PItOPERTY Tenant, Tenant's IIWWI lr ad guests agree to obey all laws and Rues thrt apply to Tessnt. A. Tenant will: 1. Keep the Property clear and safe. 2. Get rid of all traah, V*W and a W molter waste anrterials as mrpred by Landlord and aw brw. 3. Use care when using any of ft electrical, plumbing, ventilation or other *cMdes or applimm oa the t'Poperty, including my elevators. 4. Tell Landlord intandiately of any repairs needed. Landlord does oat have to repair arry damage caused by To wart's willK Careless, or unreasonable behavior. B. Tenant win Mint: 1. Keep any tlamntsbie ataterials on the property. 2. wiilfirlly destroy or ddk* any port ofdo Property. I Disturb the peace and quiet of other twants. 4. Maize changes Io the property, such as painting or reaodeling, without the written permission of Landlord, Tong under ands That any changes or improvenswas will belong to the Landlord. C. Repairs by Tenant: Tenantwill pay to repair any item in or on the Property that costs Ion than $ . Tennant also will pay to repair any darnap to ttw Propmy or to any item in or on the Property that Tanart or Tenant's guests can through a lack of tare. M LANDtAMD WILL MAINTAIN PROMTY A. Landlord will keep the Property and common areas in reasonable oondition and as required by law. B. Landlord will keep all the str a turd parts of the Property in good wonting order, including; ceftr we boors wails doors steps porches windows C. LanaMrd will keep all sYMM3. SaViMS, facilities, or appliances supgr W by Landlwtl in s&& and good worsting order, including air OCaffitionift sanitary electrical ventilation dminW * heating buster heating AM** D. Landlord will keep Property reasonably free of pesos, rodents and insects. This does not apply it Property is a singwfisariiy dwel8n& E. Landlord will supply utilities and services as listed in paragraph i l (UtitWM W Services) of this Lease, Unless toe service is ham pled by circumatences beyond the Landlord's oowW. F. Landlord cannot increase rents, decrease services, or trreden to go to court to evict Tenant beaux Tenant I. oomplaints w a government agency or to Landlord about a building or housing code vio"On. 2. organizes or jobs a Teams orguriation, 3. uses Tenant's IMW nights b a lavrlini reanner. 18. LANDLORD'S BIGHT TO ENTER A. Tenant agrees io let Landlord or Landlord's representatives enter the Property at reasonable hours to i nspeck repair, or show the Property to prospective buyers. B. Landlord will give Tennant 12 hays' notice of dole, tuna, and reason for #4 visit, in can of araergeoey, Landlord may eater PmPe"Y wxhout notice. If Tenant a not here, Landlord wlR toll Tenanrt who wan there and why within 24 hours ofdw visit. TENANT(S) (initina) EL LAND[ARD(S) (Initials) 9'd Rect+Ii?ZLLL OVAH %13MOd UO dZI:90 90 60 to0 14. SECURITY DEPOUT A. Landlord cahoot maim Tenant pay a security deposk of more than two-r mo,s rent the first yew, and one. month's rant after the first year. After five years, the security deposit eanem be reined, ever if the rent is raised. S. If the searity deposit is more flan S 100, Landlord must keep it in a special bask account (escrow accoemt) and give Tenant tare thane and address of the bank. C. Auer the second year (if Toone eon dosses to live an Pmperty? L u dlord must beep the security deposit in so escrow account 90 cause hmest. Landlord may keep t pertm of the husest. landlord must pay Tenant the balance ofthe interest axe a year. D. LanAhx d can we the sacmity deposit to pay for unpaid rent and damages (beyond normal wear and tear) that are Tames respoashlility. E. Who Tastmd movas teem the Property, Tenant will return all buys and give Landlord written radon of Tames swilling address wbere Landlord can ntmn the secwity deposit. F. Landlord will prepare a list of charges for damagn artd unpaid rants. Landlord may deduct dum charges ft m the security deposit. Landlord most return seew* deposit and interest (minas any charges to Tow t) within 30 days. 20. POSSESSION A. Tama my move in (take possession of the Property) as the Starting Date of this Lease. B. IfTenant carewt move In because previcas Usant is still time or because of property der u*e, Tenant aura 1. change the alerting dose of the l ease to the day when Property is available. Temarit will runt owe rent until Property is available; OR 2. and the Lease and have all money already paid as rent or secia ity deposit rat uned. 21. RENT INCRB.ASi1S A. If the Lease Is for a terra of more than am year, Tenant agrees to pay Tenant's share of any increase in rest estate taxes and water and sewer eha%es, B. If Tenant's actions cause an grease in property insm=oe„, Tenant will pay the amotsat of the increase. 22. NO PETS Tewnt will not beep any pets on any part of the Prop mV wM how Landlord's written parnissioo. 23. SMOKE DETECTORS A. Tarrant will msetain and test (monthly) any smoke detectors on the Property. B. Tenant will not* Agent or Landlord of arty broken smoke detector(s). C. Town will pay fat any dtaaage to Property tf Tenant fails to maksWn undo dets%ors. 24. FIRS OR OTHER DAMAGE A. If the Pmoptrty is accidentally dsrnaged (fire, flood, do.) 1. Tenant may continn to live on to Uvable part of tlae Property and pay a reduced rent as agreed to by Tenant and Lwlhx+d until the damages are repaired; if the law does, not allow Taunt to live on the property, than this Lease is ended; OR 2. If it is not possible for Tenant to live on the Prrrperty, Tenant !mast wotfty L.adlord immediately tt:at Inane if ended and own out wife 24 hours. B. If Lease b ended, Landkrrd will red= any unused sacwhy deposit or advanced rent to Tenant C. If Tenant, Tenant's family or guests cause damage by On or by other means, this Lease will remain in effect and Tenant will continue to pay rent; even if Towtt a noun occupy the property. 2?. WINK NOTICE TO END LEASE A. After Tenant or Landlord has given written notice to sad this Lease, landlord may show property to possible ternafts. Landlord will trot SIM Pnnperty awnless Taws is time or has a reasonable chance to be thaxe. Tenant does not have to Nkrw possible tenants to enter unless !bay an with the Landlord or Lasndiocd's repo ive, or unless they have written permission front the Landlord. B. Landlord may trot tap Par Salle at For Rent d ps an or new Property. C. Tenant agrees to move art paacefirlty when Lease is ended. TENANT(S) (Ismals) •?- LANDLORD(S) (Iaitia)s) L'd I3MII*WL OHAH SN3MOd 110 dZ6:90 go 60 l00 26. IF TENANT BREAKS LEASE: A Team breaks this imam if: L Tenant does not pay tent or other charges. 2. Tow t iesves Property pernraawdy before the end ofihis Leese. 3. Tatman does not move out when supposed to, 4. Tetwnt fkila to do no y8ting Taunt agreed to in this Lease. D. NIA of Reef If Taunt breaks L.eaae by not prying rest or adeer ohm es, Lanford cannot evict Temat (foaoe Tenant to now out) ttm tie Property w+ilbotrt a w Mea notice. Testae agpnaea teat a wrma notice of FIVE DAYS is awfildent This neeams than ifIraws Im not moved fide the property before the ninth dsY stern LwK lmd hag given Tenant wridaen notices Landlord coo Me a idaradt io evict Tarrst. 'EXAM' IS WAIVING OR GIVING UP TENANT'S RIGHT Tt! A. LONGBR NOTICE TO MOPE OUT. C. Odor Lease Vidsuens: 1" count breaks wry ofur farm of fiche masse, jaWk rd = 0 give Tenew writtsu nodee describing din vb1dw and giver Tenant FIVE DAYS to correct the po> jam If Tenant does not correct Me problon, Laniard care then give Tesew FIVE HAYS wriues notice to stove fawn dent property_ If Temst does set move opt, Landlord can fibs kwasit ao evict Tenant on the sixth dips. TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTJCI C$ TQ CORRECT PROBLEM AND TO MOVE OUT. D. Tf Tonntt Rnalrs Lime der Any Rune, Landlord away I. Glut back pe mode s of ttte Pq*wty by ping to emit to evict Tenant if Lasdlad hires a iatwver to start eviction, Toast agpeea w pay the lawyces tees and Lan l res rewaaabb costs. 2. File, a taw+ssit spalwact Tema *w. eels and d ism trot paid and ibr reafis and ds-Wes for the rust of tee Lease tern. If Landlord wins (gets a wosyr judgment aHcisat Tried), Landlord can an the t:oart process So tube Tdnmft personal Saari, fiauiture, molar vehicles, and money in boots. 3. Keep Twmt's Stan* Deposit. r 27. SALE OF PR OPUTY A. If Pmpwty is Bold, on the dab of set knwo4 Landlesd wig gave Tenant in writing: 1. The name, ad kuk and pborte reurnber,orf floe new b dlord. 2- Where neat is ro be pad. 3. Notice abed tie secui* deposit has been gives to do now h odlord, who wit be usponst* for it. B. Team agrees that L mdkwd easy trasstier Teseaft money and advanced re t to the new landlord. G Tenant mtdaswtds teat Landlord vA have no cation regar+ I Ibis Leese after to Property ben been sold. D- Landlord agrees so wpire any new landlord, as a condition of ask to take as i.an&rft duties under Least and to bonwd mt 28. W G0V8t KMIINf'T' TAKES PROPERTY A. The government or other public audtority can take private property law public use, The Wdng is called coxdaw kWbA. B. H any port of line Property is tafoca by the govermsent, Landlord will reface Ternaft no pmportionsidy. If all the Property is taken or ig no to ftex usable, this Lase will end and Towt wit move out. Landlord will ardaen to Ternwtt any mused security deposit or advmted rest: C. No Money paid to Ld x%W Ear the condemnation Otte Pmpattg will beln to Tatattt 29. SUBLEASING AND TRANSFER A. U rdt?ord vey transfer this Leese to another larsdW& Tenant agrm that this Least retnains the same will B. Tenant rosy not tram this Lease or x*Ieaae (rout to another person) this Property vridtottt i.armdlord"s w ritlan peraaiision. Landlord will be nessousble about giving wrrttae permission. 30 TENANT HAS FBWICR RiGA'FS THAN MORTGAGE LENDER LwKt owd may have a maatgage as des Pn *wty. If so, Landlord apes to Intake ere eo wW pp payments. The ngba of tee se*VW lender come before the rights of the Tennant. (Ex ntoie. if Lasdbrd title to melee oao wr payawents, the mw Ww I nader could talon the hap" and and this Leask ) TENANT MAY W WAIVING OR GIVING UP TENANTS RIGHT'S. TENANT UNDERSTANDS THAT IF THM IS A PORTCLOSURE, THS NEW OWNER WILL SAVE THE RIGHT TO END TFW LEABL TEKAN'T(s) (Initials) _j_ LANDLORD(S) (Irmiitidds) g'd 9Z£t?6f ULL OVAH Sb3MOd NO dzlrso go 60 Po 31. MEDIATION A. kfa"ion is a way of uxxolring problem. A mediator helps the disputing parties reach an ugroeable solution witbod baviag to involve the eom . H. Landlord and Tennant may agree to take any disputes arising firm this Lease oo a mediation plop m. of%red by the coed auasociatiom of REALTORSO or to u N*w mediator. 32. iNSURANCY. AND RUXASE A. Temnt emd drat 1. LANDLORD'S II?ISURANCE DOES RIOT COVER TENANT, TENAMM PROPERTY, OR GUESTS. 2. TENANT SHOULD HAVE FME & IMNI ny INSURANCE TO PROTECT TENANT, TENANTS PROPERTY AND GUESTS WHO ARE IN3[MM WHILE ON THE P1ROP'EIrN.. B. LandW is not legally responsible for say k4ury or damp fist occurs on the Property and Temabt agrees to pay aw km or cidm, encuft mora"ft fees, that rwib from the dmnags or *#Wy. C. LamMoud is responsible for any injury or daoW that roaahts flan Lsndkads cambm uess. D. Teutuet a resporANie for any loss in Landlord 010 Taunt, Teauafs flashy or greats cam- 33. CAP'LTt7aM The headings in this Lease arc meant only to mft it easier to find the pews. 34. ENTIRE AGNMIKILINT This Leaae is the entire ant between Tenant and Fond. No spoken or written agreemm a made buRv a are a pat of this Louse auks they are included In this I =99 35. NOT WE BE F+ORC SIGI'lII1G THIS LEASE IS A LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO TALK TO A LAWYER. BEFORE SIGNING THIS LEASE. 36. Teant is rmgemed to doings uur tiller In on" air and beaft systeru every month. Filters will be anppW by owsw iaf amy dmoM is done to syssam do m utter not being ChNIPd rttarter is required to pay for repairs. NO REPAIRS ARE DONE TO RVIIJI)MG UNL M YOU HAVE A PAPER SLGNED BY OWNER, If washer or dryer or a nevi air !reeks and you are bebind in no 2W R1 NOT be repemtd tdl is to date. i+b rob will be stored oat side if l bove to get raid of cb auk OAS" WITNESS TICNAHT DATE WrrNLIS TENANT DATE ..p WI7NIU S LAIMDLORD ? DATE Z- 9 WITNESS LANDLOm DATE WITNESS LANDLORD DATE LANDLORD TRANSPURS LICASB TO A 1419W LANDLORD As part of payment received by Owners (Landlord) (now of current Landlord) mew tramkrs to (name of new Landlord) his heirs and estate:, this l Am and the right to moeive the rsaub and otber benefits. WITNM LANDLORD DATE WL'L' as LANDLORD DATE WI7NBSS LANDLORD DATE WFINTL43 LANDLORD DATE TENANT(S) (Initials) J.- LANDIAILD(S) (kitials) 6•d 9zSVl,*ul,L OVAH S2l3MOd 110 de l,:90 80 60 p0 Exhibit C POWERS RENTAL PROPERTIES 21 S Hanover Street Ste #1 Carlisle, PA 17013 717-241-5998 Of lee Hours Mendo -Friday Sam to 4 pm September 5 2G$ Ilis Isar is to inform yon tba yogis tent has been late 5 mouth's in a mow I have tried to help you I h* Phillip wwk some of the rem of so I would get sow back that was Jane amd July Red than inAugust you stilt had no Rent I left him iv o* some of tat WE You know owe me August and also September I have talk to you and all I get is the:oe mi swuod you need to be out buy The September I I th 20M if oot I wiR Me and it wM not be pay and stay it is for removal you gat you 5 day notice as your lease states YOU OWE $1400.00 Agptst Aepteimber and Late Charges also filing and attomey Bees and pu uoewing fees wilt be added LL'd 6t£ali?ZLLL OHAH SN3M0d NO d£L*90 80 60 po CERTIFICATE OF SERVICE AND NOW, this 13th day of October 2008, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Complaint this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Geoffrey Biringer, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 «r <..l ? w> Zx LAVERY, FAHERTY, YOUNG & PATTERSON, P.C. BY: E. Ralph Godfrey, Esquire Attorney for Plaintiffs Attorney I.D. No. 77052 225 Market Street Suite 304 Harrisburg, PA 17108 (717) 249-6333 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, : Plaintiffs, NO. 2008-5622 Vs. CIVIL ACTION - LAW LATOYA ISAAC AND PHILLIP ISAAC, Defendants MOTION TO RELEASE FUNDS AND NOW, come the Plaintiffs, Chris Powers and Dianne Powers (hereinafter "Plainitffs"), by and through their attorneys, Lavery, Faherty, Young & Patterson, P.C., and file this Motion to Release Funds and in support aver as follows: Plaintiffs are the fee simple owners of the property located at 23 South Hanover Street, Carlisle, PA 17013 ("Property") pursuant to a deed dated December 4, 2006. A copy of the legal description, deed and abstract of title is attached hereto as Exhibit "A" and incorporated herein by reference. 2. On February 1, 2008, Defendants Philip and Lotoya Isaac (hereinafter "Defendants") entered into a one (1) year lease agreement ("Agreement") with Plaintiffs for Apartment 2 located on the Property. Said Agreement is attached hereto as Exhibit "B" and incorporated herein by reference. 3. The Agreement obligates Defendants to pay monthly rent to Plaintiffs in the amount of Seven Hundred and 00/100 Dollars ($700.00), payable on the 0 day of each month. 4. Defendants have not paid the rent for the months of August, September and October, 2008. 5. This matter is an appeal from a landlord/tenant action filed in Magisterial District No.: 09-2-02 and having a docket number of LT-0000258-08. A copy of the Notice of Appeal is attached hereto as Exhibit "C." 6. Defendants are required to pay to the Prothonotary the monthly rent due each month as required by Pa.R.C.P.D.J. 1008. 7. Plaintiffs, upon application to the Court, may request release of the escrowed fund to them, which have been paid into the Prothonotary. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an order permitting the Prothonotary to release the appropriate sums from the escrow account and which shall continue on a regular basis while this appeal is pending to compensate the Plaintiffs for the Defendants' actual possession and use of the property. LAVERY, FAHE ?T'? & PATTERSON, P.C. Attorney I:D. o. 77052 225 Market treet, Ste 304 Harrisburg, P (717) 233-6633 Date: 10/14/2008 Attorney for Plaintiffs Exhibit A 2006 CP?C 13 HA li 41 TAX PARCEL # 03-21-0320-049 THIS DEED MADE the day of December, 2006, BETWEEN CARLISLE AREA OPPORTUNITIES INDUSTRIALIZATION CENTER, INCORPORATED, of the Borough of Carlisle, Cumberland County, Pennsylvania, GRANTOR, AND CHRISTOPHER R. POWERS and DIANNE POWERS, husband and wife, of South Middleton Township, Cumberland County, Pennsylvania, joint tenants by the entireties, GRANTEE, WITNESSETH, that in consideration of the sum of One Hundred Fifty Thousand ($150,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey in fee simple to the said Grantee, his heirs and assigns, ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: ON the west by South Hanover Street; on the north by lot now or formerly of Sarah Todd Memorial Home; on the east by a public alley; and on the south by a lot now or formerly of Jacob E. Trimmer; known and numbered as 21-23 South Hanover Street; CONTAINING 20 feet, more or less, in frontage on South Hanover Street and extending in depth 240 feet, more or less, to the said alley on the east; BEING the same property which Kurt E. Suter, an adult individual, by deed dated May 17, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book az.-5-1 Page 82, granted and conveyed unto Carlisle Area Opportunities Industrialization Center, Incorporated, the grantor herein; eaoK 277 PacF4868 Ur, ;08 8:03:25 AM CUMBERLAND COUNTY Inst_# 2MA44R75 - PanA I of 3 AND the Grantor hereby warrants specially the property herein conveyed; IN WITNESS WHEREOF, the Grantor does hereby set its hand and seal, the day and year first above written. WITNESS: U COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRANTOR: Carlisle Area Opportunities IndustrlaRzatIon Center, Inc. By: Dale L. Cross, Executive Director ss: On this, the 4/?? day of December, 2006, before me, the undersigned officer, personally appeared DALE L. CROSS, who acknowledged himself to be the Executive Director of CARLISLE AREA OPPORTUNITIES INDUSTRIALIZATION CENTER, INC. and that he, as such officer, and being authorized to do so, executed the within instrument on.behalf of such corporation for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ter"- ?.' X21 . (SEAL) Notary Public NOTARIAL AL DIANE M sMITH L?WFR ALLEN NotaN public My Commissinon CUMBERLAND COUIy?y P"s Jun ?$ 20()a WoK 277 PA°F4869 I 'I/u 08 8:03:25 AM CUMBERLAND COUNTY Innt It 9MAAAAW; - Gana 9 „fl I HEREBY CERTIFY that the precise address of the Grantee herein is: R OaL A A-/, ,. l? .sly ? Pa i .)o , 3 , ,JIA , M • .J& A##Qme*,or Agent for Grantee COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) Recorded on this day of , 200in the Recorder's Office of the said County in Record Book , Page Given under my hand and the seal of the said Office, the date above written. Recorder '19: J8 8:03:25 AM ? C" w w w ` a e rA M ?w w ?. W ? 9? [[??? iN ppN pO t~+pQ? pp0 QQ0 r O O b 0 4 i7 O O O O Q O 6 10 w x .r I Ce*fy this to be rec ,. Y In County , t 277 r;,???g1 CJ1 00 CUMBERLAND COUNTY i,?r tt ?nnaeeo?c _ o 0 ABSTRACT OF TITLE To Chris and Dianne Powers from Carlisle Area Opportunities Industrialization Center, Incorporated by deed dated December 4, 2008 and recorded in Deed Book 277, Page 4868 in the Office of Recorded of Deeds in and for Cumberland County. 2. To Carlisle Area Opportunities Industrialization Center, incorporated from Kurt E. Suter by deed dated May 17, 2002 and recorded in Deed Book 251, Page 3827 in the Office of Recorder of Deeds in and for Cumberland County LEGAL DESCRIPTION All THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Carlisle, County of Cumberland and the Commonwealth of Pennsylvania, more particularly described as follows, to wit: ON the west by South Hanover Street; on the north by lot now or formerly of Sarah Todd Memorial Home; on the east by a public alley; and on the south by a lot now or formerly of Jacob E. Trimmer; known and numbered as 21-23 South Hanover Street. CONTAINING 20 feet, more or less, in frontage on South Hanover Street and extending in depth 240 feet, more or less, to the said alley on the east. Exhibit B PPOH'F.,RS RESIDE" M LEASE -- 1. DATE of Lose FEBRUARY 1"2008 2. TENANT: (liar all Tenants) MsiigAddie ss_ Phone Number(s) Name vrr7Gr Mailing Address Phan Number(s) 3. LANDLORD: (list all Laodkx*) Name Chris it Dis= Effim Mailing Address 21 SoWh Ifenova Street smile 1 fib PA IM13 mail g dram of no later 6= do lot Phase Number(s) 717--241-M Name Mailing Address Photoliombe(s) 4. AGENT FOR THE LANDLORD isr bVA 5. FW?KRTY Lamdkwd agrma to cent to Tenant the following Property; 23 Srntdt Hanover Sheet At #2 COMIC PA 17013 6. STARTING AND ENDING DATES OF UMW (slap oalted "Term',) A. Stardsg Data This Leanne;star- en rmmm id 200t at 12 Noon. S. Endlog pose: Ibis Lem earls oa Februarv I °2009 at 12 Moon. 7. REN>CWAL TERM This Lease will autwtedcally renew for a term of,_ i {C)NEl veer at the Ending Date h nim. A. Tense gives Landlord _,S days' written notice 1 6 1 Ending Dale or before the and of any Renev ad Terns. OR S. Landlord gives Tenant _5.- days' written notice befene Ending Date or before rte and of any Renewal Term. G For bkotb to Month. Leases Only: Eisler Landlord ar Tow= may end a momh to mouth Lease by giving 30 days' written notice on or before the dry the nest rani is due. 8. RENT A. The toil amount of next due over the tarn of Ibis Lem is $8400.00 0. The wW neat due each month is S i 70000 C. Rant is due on or beii m the 1st day of the month. D. Ten sot prays a late large of S 2sm ifrent is more than taro days late. E. Tenant mates paymeo t to: _ Chris sad Dianne Per.neM _ Addnetoa 21 Sash HEWN Steer snits 1 QWAhlL PA 171)13 9. BEFORE MOVING 19, TENANT PAYS Paid Due A. Part of a month's rent if Teaaan blow pesseasion beta isnt re &Ww due deer $s B. FkV maurd met S 701000 C. Odra: Paid 700,00 CASH s D. Security Deposit, an deposit at members ist (name of bank) Total rent and security depaesit received do date Total amoast doe befum Team* moves in 10 USE OR PROPWRTY s $ 31400.00 A. Tenant will use Property as a residence or N LA B. Not mole than Five --people will live on property. TENANT(S) (Initials) 7 ,L LANDLORD(S) (Initials) +.•d Q7ftLb7J Lf OVAH SN3MOc1 NO d L L:Qn Qn An Wn 11. U rHATIRS AND SERVICES A. Landond will pay for + cold water _ hot water _ trash removal _ heat _ lawn and shrubbery care electricity snow removal water cant ova' yearly charge _± heeler wAkiteeattos coat et _+ sewage costs and maintenoce - caw B. Tenant will pay for - cold water _± hot waiter ± trash removal heat ,_ kM arad sh"baryew +- electricity _ 90100 ressovsi water cost over Yearly charge heater mainsananoe contract _ sewage costs and MBbdeaenoe + odtcr _ 12. SPBCIAL CWUSIS Any special clauses haul comply with ahe pow&) v=k plain Lanetrage Conswsta Contract Act. The Atsoerey Cknard has not praapptored any special condiftm4a ditlonal terms added by Landlord or Taal adiar plait laagwge pus-approval ofthis conract. 13. CONDITION OF MCNMILRTY Terms vnderstands that Landlord will make no MPaiia, additions, or clouq s, io the property except as follows:. 14. IF PROPERTY WAS BUILT BEFORE 1978 Lead Hosank Dbtbmre Requirements The ReAdaistial lead-Based Pact Hazard Reduction Ad says that any landlord of property built before 197$ must gtve the tenant on EPA pamphlet toted Pracer Your Fa awy ioat Lead In Your Now. The landlord also must toil the tanast and the AV& for Landlord w>tat the Landlord knows about lead-basal pint and kad-based paint b uw& Obit are In or on the property being rested. landlord must tell On tenant bow the Landlord knows that tead-based pabst and lead 4noxf paint hazards ate an the property, where the lead based pint and lead. based paait hazards are, and the condition of the paidod sor&ces Any landlord of a prro.1971 sfrmtrre tnwt also give the tensrtt any records and reports that the landlord bas or can get about lead-bsspd paint or lead-besed paint hwasals a or around the peogedy being ranted, the cannon areas, or other dwMW in multi-family housing. Tbo Act does not apply so heating limit io 1979 or later. Land Warning Ststament Flossing built before 1978 may corrtab lad-based paid. Lead from pain, paint chips, and dust can pose 1l1 1-1 bounds if trot Mm cars of properly. Lead exposure in especially hwmiid to young children and pregnot vmrnen. Before renting pro-1978 hoashiS landlords usual dilsclose to presence of brown lad4x and part and lad-basal paint buordt in the dwi ft& Tenants must tleo receive a federally approved pamphlet an lend porbonk% preventdon. A. Landlord initial one. Lardhasd does to know of any lead-based paint hazards (dangers) on the Property. OR Landlord honours that thtxre is lead-based paint, or teat there are Mad-bused paint haz?ds on the Property. Landlord must expiain what Landlord knows about the lead-based paint and hazarck, including how Landlord teamed the it is thane, where it is. and the oondition of painted walls, trim and other surfaces. Landlord moat given Team any other infor sallow Landlord has about the feed-based palm and lead based paintltazards. 8. Landlord initial one: Landlord bas no reports or records about lead-based paint or lead-based paint hazards at the Property. OR Landlord has given Tennant all available records and reports about lead4msed paint or lead-based paint hazards at the Property. List records and reports: C. Tennt initial all that are tnru , Tenant received the pamphlet Prows Your PoNdyy Prow Lead in Yow Home- Tenant read the inforanetion Landlord gave in paragraph 14(A) and (B) above. Teraut received all records and reports that Landlord listed in paragraph 14(R) above- D. Landlord and Taunt oardily, by signing thk Leese: that the information gives is true to the best of their knowledge. TENANT(S) (initials)?'+` LANDLORD(S) (laitiuls) lod 9'd 8Z£t?1.1>'ZLl,L OVAH SN21MOd 110 dZL:90 80 60 p0 F- Agents invohed in the ftesec6on certify, by signing hero d= 1. The inforeeation given is true to the best oftheir knowledp. 2. They have told Landlord of Landlord's responsibilities under do Resi ientisi Leod43nacd Paint Hazard Roducdon Act (42 U.S.C. §48524), described in the mead Hazard Disclosure Requi arm is above. Agents must make sure that Landlord gives Tenant the uftmadon required by the Act. Agents Sign Hero: Date More 15. RULES AND REGULATIONS A. Rules for use of the Property are attached. i Yes i No B. Tenant promises to obey the Rules. C. Landlord cannot change the Rubs unless the daange besnefris the Tenant or improves the health, safety, or weihure Of others. Ili. TENANT'S CARS OF PROPERTY Tenant, TonaW s h oft and guest agree to obey all laws and Rules that apply to Tenant A. Tenant will: I . Keep the Property chap and safte. 2. Got rid of all Ussb, garbage and hay other waste materials as required by Landlord and the law. 3. Use care what using any of the electrical, plavnbing, ventilation or other facilitles or appliances on the Property, inclwing any elmlors. 4. Tull Landlord hantedlately of any repairs needed. Landlord does not have to repair any damage caaaed by Team's willfld, careless, or wm monable behavior. B. Tenant win rwt• 1. Keep say gable materials on fire Property. 2. Willfbily destroy or defiler any part of fro Property. 3. Disturb the peace and quiet of other tenants. 4. Make chartgns to the properly, such as painting at remodeling, without the written permission of Landlord. Taaunt undeniands that any changes or improvements will belong to the Landlord. C. Repairs by Tenant: Tomatwill pay to mpdr any item in or on the Property that cosm Mess than t . Tensst also will pay to repair any damage to the Property or to any itena in or on the Property that Tenant or Tenant's Snub cam threw a lack of care. 17. LANDLORD WILL MAINTAIN MMRT1f A. C,mKlmd will keep the Property and common areas in reasonable condition and as required by law. B. Landlord will keep all the sbucboi W parts of the Property in good working order, including; wings roof floors W06115 step pordiles wisdom C. Landlord will keep all systems, services, facilities, or aWbMft Supplied by Landlord in M& SW good working order, Including: air eoauiltioi ft sanitary electrical ventilation drainage security heating water heating l pundft 0. Landlord will keep property reasonably free of pests, rodents and iasecb. Thia does not apply if Property is a siagledandly 4WOM ; E. Landlord will supply utilities and services et listed In paragraph 1l (Utilities and Services) of this Lease, unless the service is interrupted by arcaratances beyond the Landlord's control. F. Landlord cannot increase reds, decrease service% or throdon to go to court to evict Tenant because Tenant 1. complaints Ica governownt agency or to Landlord about a building or housing code violation. 2. organizes or joins a Tomes organization. 3. uses Tenant's legal rights is a WW manner, 18. LANDLORD'S RIGHT TO ENTER A. Tempt agrees to let Landlord or Landlord's representatives enter the Property at reasonable hours to inspect, repair, or show the Property to prospective buyers. B. LED&W will give Tenant 12 hours' notice of date, time, and reason for the visit, in cases of aaergency, Landlord may enter Property without notice. if Tenant a as time, Landlord will tell Tenant who was there and why within 24 hours afthe visit P-L T ENANT(S) (InitWo) LANDLORD(S) {Initials) 9'd 9Z9V l,KL l L OVAH Sb3MOd 210 dZ 1:90 g0 60 p0 19. SECURITY DILPOSLT A. Landlord cannot make Tenant pay a security deposit of more than two•morah's rent the first year, and one. month's rent after the first year. After five yearn, the security deposit eanaot be raised, even if the rem is raised. B. If the security deposit is more than 5100, Landlord must keep it is a special beak accoart (escrow account) and give Tana the name and address of the bank. C. After the second year (if Tenant oontiaues to live as Property], Landlord must beep the security deposit in so escrow accowrt that earner interest. Landlord may keep t percent of the h terast Landlord must pay Tenant the balance of the interest once a year. D. L WIord can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) that am Tomes responsibUlty. I- Whoa Tared troves from the Property, Team will return all begs and give Landlord written notice of Tesme3 nailiiag address v4m Landlm d can veteran the security deposit. F. Landlord will prepare a list of changes for damages and unpaid rests. Landlord may deduct press charges fiats the security deposit. Lardlad must return security deposit and interest (minas any charges to Tempt) within 30 days. 20. POSSESSION A. Tenant may move in (talcs possession of the Property) on the Starting Date of this Lease. B. If Tenant cannot move In because previous teenaat is still there or because of property demlags, Tenant can 1. d"ge the starting date of the Lease to the slay when Property is available. Tenasrt will not owe rant until Property is avaiIdk OR 2. and the Lease and have all money already paid as mart or secu;* deposit reaurec i. 21. RENT INCREASES A. If the Lean is far a term of more than tae year, Tenant agrees to pay Tcarwat's share of any increase in real estase taxes and caster and se^weor ehar?e. B. If Tenant's action censer an lacrosse in property insurance, Term* wall pay the waornrt of aloe increase. 22. NO PETS Teaasrt will not beep arty pea as any part of the Property w9mut Landlord's written pmninjont. 23. SMOKR DETECTORS A. Tenant will meir da and test (monthly) any smoke detectors on the Property. B. Tenant will not* Agatrt or laadtord of any broken smoke detector(s). C. Team vr2l par Bar nay dame to Property if Tenwrt fails to makab unoke detectors. 24. FIRS OR OTHER DAMAGE A. If the Property is accideeKally damgpd (fire, flood, exc.) 1. Tenant may coutiaae to five on the Ilvabk part of tine Property and pay a reduced amrt as gpwW to by Tenad and Landlord until Ow damages are repaired; If the law does not aAow Tenant to IWO on the Property, dean this Lease is ended; OR 2. If it is not Possible far Tanwtt to live on the Property, Tenant meat notify La XUard inmaediately that Leaae if earde;d and mare out within 24 hour. B. If Lam is ended, Lardiord will peasant arty unused U=Uy deposit or advanced raft to Tenant C. If Tenant, Tenant's family or guests cause damp by fire or by other me wW this lease will remain in effieet and Tenant will continue to pay sear, aver if Tenant cannot occupy the property. 25. ArMR KMCK TO R ND LEASE A. After Tenant or Landlord has given welt m notice tD end this Lease, Landlord may show Property to possuble ter o ts. Landlord will not show Property unless Tesuart is rinses or hers a reasonable chance to be there. Tenant does not have to allow possible tenants to enter unless they we with the Landlord or Landlord's representative, or unless they have written permission ft+om the Landlord. B. Landlord may put up For We at For Rent sigps an or near property. C. Tenant agrees to move out peacelislly when Lease is ended. l TENAFRS) (laitials) LANDLORD(S) (Initials) L'd ozet U LL OVAH S213MOd 110 dZ 6:90 90 60 p0 26. IF TMANT BREAKS LEASE: A Tweet breaks this Lease if: 1. Tama does not pay Tort or odd crargos. 2. Ta=K leaves Property permanently behn So end of #us Lem. 3. Tennant does not trove out wbai supposed te. 4. Tenant 8tils to do mWffi ng Tenant agreed b In this LAsse. B. Mini-Paysteeet of Reab if Tawt breaks Lease by not paying teat or odmr charges, LOW10rid atosat evict Tenant (11orce Team to ram oat) item the Property wMeout a writtea notim. Tama ag ew toot a wauen, notice of FIVE DAYS it salrodeft This meat tires ifTaraat hu not n rvW hope tib property before the sitar day after Landlord has Shin Tenant w+riuun notice, Landlaed can 1110 a rte sal CVKt Tenant. 11NAPIT 19 WAIVDIG OR GIVING UP TENANT'S RIGHT 'ISO A LONGRR IWnCB TO MOVE OUT. G. Otter Lease Vlobdeew IfTew t breaks any odd seem ofeb Lases, Landlord Musa give Tenant written trouts dnot)kg the viohttm and given Tenant FIVE DAYS to conecc the problem. if Tenant does act correct the problem Landlord co than Sine Teem FIVE DAYS' vrrlNpn notice to now fiwn due Property. If Tensar does am mom oat. Laadkw d can file a Jawadt to evil Tenant oe the sixtb 4q. TENANT 13 WAIVING Olt GMMG UP TENANT'S RIGHT TO LONG= NOTXVS TO CORRECT PIItOBLEM AND TO MOVE OUT D. 117enmt Draft Lassa tar Any Remson, Landlord may L Got bw* poseembe of flea Pt9perty by pkg to ewK to evjcd TeaaaL If Laddiad birm a kwwer b start evaeaian, Tempt sip is to pvj the lawyees fees and l aadlorft nwossbia casts. 2. Nile a lawman age Tarmwt for roots and Ciwgw not paid and for rents and far the rag of to Lease Men. If Landlord who (gels a money judgment rgdast Tenant), La adlbnd amt an &a court ptooeas to take TWMA panned goods, iiwadwe, vwbr valtl* , and money M bomb, 3. Keep Teaaars Senuft Deposit. 27. SALE OF PROPERTY 1 A. 1f Property is sold, auto dab of settharent; landlord will Sire Tenant in vnitiv 1. The mime, address, and pbone nun*w of tik new landtond. 2. Whem rem is w be paid, 3. Notice rand tha somr* deposit has bees gives so Ow now bsdord, who will be resporalge for it. B. Tenon epen tbat LAWord any transfer Te mfr money and ad"noed I" tD the new;landle rd. C Team undoeaaalds that Landlord wily have no duties regarding lbia Lease SAW AV, PrOpaty leas been add. D. Landlord agree a0 rogaire aey new bndbx* Aa a condition of sass to take ov i.andloes drdiea under Uris Lease and to borax been. 28. IT GOVERNM RW TAKM PROPERTY e A. The pvwwrmt or other public wMwity can take private property for public use. The taking is called aOardsar/radon. B. If any part of the Property is taken by the govermwat, LaWilord wilt rodace Tawm's rant propoMonak* If all Ito Property, is t akm or is no lotaer usable, this Lease wiH end and Tenant will rneve out Landlord w3N nodose to Tatmnt my unused security deposit or advanced rant C. No money paid & Landlord for ft amderma m oftlte Property will belong to Teamtt 29. SUBLEASING AND TRANSFER A. Landlord may vansfa this Lease to snothm landlord. Tenant agrees that this Lease tetlnaine the sense with fie new lanmord. B. Tenant may act tionaft this Lease or subda ere (rent to another pereus) this Property 'vrithoet LndMMs wrinen permission. Landlord will be reasonable about giving written permission. 30. TENANT HAS FEWER RIGHTS THAN MORTGAGE LBNDSR l,atsdtosd may have a mortgage an the Property. if s% Landlord agrees to make true morrge4p pa] mgmta. -I1re riSlsts of ft mrlrtgagee leader moms before the riots of the Tamil. (Bxaseple; It Laaagot+d faits to maim mortgage payments, the IIemVW lender could take the Property and and this Lease) TENANT MAY AS WAIVING OR GIVING UP TENANTS RlG#rM TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE KXW OWNER WILL 1fIAVR THE BIGHT TO END THIS IXASL TENANT(S) (Inhws)___f- LANDLORD(S) (initials) g•d $Z£b647,L1.L OVAH %13MOci ?!O dZ6:90 8o 60 PO 31. MEDIATION A. Mediation is a way of resolving problems. A mediator helps the disputing parties reach an Agreeable solution without bsving to involve the Courts. B. Landlord and Tesmnt may agme to take any disputes Arising from this Lease tD a mediation plop an ofybred by tM local aasocit W of REALTORSO or to another mediator. 32. INSURANCE AND RELEASE A. Tenant msdarstands that 1. LANDLORD'S NISURANCE DOES NOT COVER TENANT, TENANTS PROPERTY, OR GUESTS. 2. TENANT SHOULD HAVE FIRE & LIABLITY INSURANCE TO PROTECT TENANT, TENANT'S PROPERTY AND GUESTS WHO ARE INIURED WHILE ON THE PROPERTY., B. Landlord is not legally responsible for any k4ury or dnsoge dW oc cm on the Property and Tenant agrees to pay nay loss a claim, lade ding atloea%ft fees, that results Sam the daanap or hg ry. C Landlord is respaneible ibr any b any or damage Beat results farm Landlards carztessam, D. Tome a reeponsible for any loss m Landlord that Tenant; Term's f nef[y or pests cause. 33. CARTIONS The headimp in this Lease arc meant only to make it eerier to find the paragraphs. 34. ENTIRE AGREElYiLM TM Lem is the enntite a g eawnt between Tenant and Lanford. No spot me or vrrl?ea agreements mad.° be& we a pat of" Lease ade ss; they are inc)uded in this Lease: 35. MOT WE 5XI ORE SIGNING THIS LEASE IS A LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE, 36. Tema is required to dranga air Alan M oenQral alt and healing system every mandL Fifers w l be supplied by owner if try domes is done le syetaam do to MW not being 4anged rotten is required to pay for repairs. NO REPAM ARE DONE TO BUILDING UNLESS YOU HAVE A PAPER SIGNED BY OWNER. If washer or dryer or central tin Meals and you are behind is real 9W I NOT be repak%d till is to date. Nb trash will be stored oat side if I have to get lid of WrINESIS %AN T DATE WITNESS TENANT DA1B WITNESS TENANT DATE WITNESS LAMWRD eggpf DATZ sg WITMM LANi"]W DAT 19 WITNESS LANDLORD DAIM LANDLORD TRtANSPURS LEASE TO A NEW LANDLORD As part of payment received by Owners (Landlord) (mane of cwTft Landlord) r;ow traras!'ers to (name of new Landlord) his heirs and estate, this Lease and the right to moeive the mats and other benefits. WITME M LANDLORD DATE WITNESS I.AKDL DRD DATE WITKM LANDLORD DATE wrrNzn LANDLORD DATE TENANT(S) (Initials) tt 1 LANDLORD(S) (Uitials)6'd 8Z£V *ML OVAH Gb3MOd !lO d£t:90 W 60 PO Exhibit C OF COURT OF COMMON PLEAS JucNdal Db rl4 County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ` cOrImN PLEAS No. O 1F-S eoa a NOTICE OF APPM Notice a given tl?at the appeW t has flea in the above Court of common Pleas an appeal tram tha pippNrd rwrcl @ by the Didrtcl.JueYce on the date and in the aae refersrmd below. A Al '-4 9.d DocWH& w Thi4: tMs ?. f is d R ai ` • ? This d p siwd by a. io??aMt??i?' 4 s 11.4 GUY A9W eked wide pa. If rypofto rtes C4mwg (am ft RC.P.D.J W In<?rllos wiN opera's ss s DNbre a D'ee'd .walla. A COIL W MUST BE FAW W hN.bft* (20) digs all #kv the M077 CE of APPEAL EI RtILE TOFU . COMPUM-AW IttiAE TO FILE (This section of form to be used ONILy when WpaMsrrt over DEFENDANT (see P&RQ.P.D.J. ft. IW1(7) in acllon before Dh*tt .Wa6cs. IF NOT USED, dshch *= copy of rroff as o/apF tb be nitre! upon a. PRAECIPE: To Prothon4tery Enter rule upar!,, C /,L`y?,?M?h? b' a Me ear . - /drni?d?ppMrN+l) (COMM PINS No. S? a-IQ "? twar* (20) drys atler service of rub.ar sulre entry of)udpmwrt of non pos. ar ?`?•taRNkrw r RULE: To ??? / Q.d.Gr???.? . sPPelee(s) Nrm d?asNgl (1) You wo ncdl ed the a rule j$ hereby antered upon you to ft a mvWM W in this appealvAgn_t outy (20 daysaAsr the date.of.aetvios of this rule upon you by psrsarel`asrvioe ortrSrt9eriMad or+tsead rnM. (2) W you da Wg in this time, a JUDOMW OF WM 1 PA* MAY BE ENTERED /1QWW YOU. (3) 1fitNosloF ?rsrvicewasbymalls #wdultofthe•nrsft. Date: WOW YOU Ih1Fr#.iM1E A:.., F 11Q OF lI I M *MlPiitL. AOPC 312-02 YYHRE - C0l1Rf FLE TO m FLeD t ffm PRO.TtIOIIORi w QPA09- CO MT Ftt E YR1.0W - APPBlMM COP Y CERTIFICATE OF SERVICE AND NOW, this 14th day of October 2008, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Motion to Release Funds this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Geoffrey Biringer, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Ralph C ? ? cs -' .ac IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, Plaintiffs, Vs. LATOYA ISAAC AND PHILLIP ISAAC, Defendants NO. 2008-5622 CIVIL ACTION - LAW PRAECIPE TO TERMINATE SUPERSEDEAS Please terminate the supersedeas in the within action for failure of the appellants to pay the required two-thirds rent within the Twenty (20) day time period after the date of the notice of appeal as required by Pa. R.C.P.D.J. No. 1008. LAVERy,JF,AHERT,Y.j YOUNG & PATTERSON, P.C. C-E. Ralpl o ey, Esquire Attorney . No. 77052 225 Market et St Harrisburg, PA 17108 (717) 233-6633 Date: 10/14/2008 Attorney for Plaintiffs Upon confirmation of failure of the appellants to deposit the remaining two-thirds rent within twenty (20) days from the date of the notice of appeal, the supersedeas is terminated. 4 je. rothonotary By: V410 TA_ ildM Deputy f CERTIFICATE OF SERVICE AND NOW, this 14th day of October 2008, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Praecipe to Terminate Supersedeas this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Geoffrey Biringer, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 co Q co W LAVERY, FAHERTY, YOUNG & PATTERSON, P.C. BY: E. Ralpb Godfrey, Esquire Attorney for Plaintiffs Attorney LD. No. 77052 225 Market Street Suite 304 Harrisburg, PA 17105 717.233.6633 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, Plaintiffs, VS. LATOYA ISAAC AND PHILLIP ISAAC, Defendants NO. 2008-5622 CIVIL ACTION - LAW AMENDMENT TO PLAINTIFFS' MOTION TO RELEASE FUNDS AND NOW, come the Plaintiffs, Chris Powers and Dianne Powers (hereinafter "Plaintiffs"), by and through their attorneys, Lavery, Faherty, Young & Patterson, P.C., and file this Amendment to their Motion to Release Funds and in support aver as follows: 1. On November 27, 2008, Plaintiffs contacted Defendants' counsel to seek his concurrence/non-concurrence in their Motion to Release Funds. As of the time of filing this Amendment to their Motion to Release Funds, Plaintiffs have not received a response to their request. 2. No judge has been assigned to this matter. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an order permitting the Prothonotary to release the appropriate sums from the escrow account and which shall continue on a regular basis while this appeal is pending to compensate the Plaintiffs for the Defendants' actual possession and use of the property. LAVERY, DUNG & PATTERSON, P.C. Attorney I. . No. 77052 225 Market Street, Ste 304 Harrisburg, PA 17108 (717) 233-6633 Date: 12/01/2008 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 1 st day of December 2008, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Amendment to Plaintiffs Motion to Release Funds this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Geoffrey Biringer, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 L`' i OCT' 15 20086 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, Plaintiffs, NO. 2008-5622 VS. CIVIL ACTION - LAW LATOYA ISAAC AND PHILLIP ISAAC, Defendants ORDER AND NOW this of 9steber, 2008, Plaintiffs' Motion to Release Funds is hereby granted. The Prothonotary is hereby order to release the escrow funds paid by Defendants to the Prothonotary in this matter. It is further ORDERED and DECREED that the Prothonotary shall release any future payments made by Defendants to Plaintiffs without the need for the Plaintiffs to make further application to this Court. L !.t rJ r s 4„r Q 0? 5L;c2 L TCRM CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 PAY TOTHE ORDER OF. 1825 DATE _Y?YIivY I r?,' ?fCJfJCI 60-1503/313 3 34, 3 Do. DOLLARS ?c swvK OMW?M 08- 5/i la owerts vs Isaac. AP a y "0 0 0 18 2 Slim -- -- -------- fG?ea ?an? .0 3 13 150 361. L08 L 1 L 17 Ilia c,, ?- C"'` Lu z=f {T r _ T inA+ r-7L _ LL- (D 4^> 2 N C c i 09292412122008 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 12/12/2008 Distribution Case No Accountin Escrow Tran Date g Amount Date Release ----------- __ _______ ------------------ 3945 POWERS CHRIS Check Date: 12/12/2008 Check No.: 1825 RENT 2008- 05622 PYMT/CHECK 233.33 9/23/2008 Payee total: 233.33 ---------------------------------- Grand total: 233.33 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHRIS POWERS and DIANNE POWERS, Plaintiffs, VS. LATOYA ISAAC AND PHILLIP ISAAC, Defendants NO. 2008-5622 CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please settle and discontinue the above-captioned matter. Date: S - (--z J E. RaINGodf Es wire Lavery, Faherty, Young & Patterson, P.C. Attorney I.D. No. 77052 225 Market Street, Ste 304 Harrisburg, PA 17108 (717) 233-6633 Attorney for Plaintiffs Date: By Geoffrey Biringer, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 11th day of March 2009, 1, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Praecipe to Settle and Discontinue this day by depositing the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed to: Geoffrey Biringer, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 rU ?? ° .x, n 't3 ? r???_ ?? r ? ? :,? h. r,ar.. ?- ? ? 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