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HomeMy WebLinkAbout08-5819COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 44*a??? / FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. fAD SS OF APPS CITY ` STATE ZIP CODE ? /J/ ?/ 17 DATE OF NT THE CASE OF (Plakm^ en, 3 T No. SIGN7= Y OR AGENT MIS DIOCK NYIII De signor CNVLY wnen mis notation is requlrea unaer va. IT appelfanf was L:fafmanr (see V a. K.U.P.U.J. NO. 7W7(0) in BCDOn R.C.P.D.J. No. 1008B. 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. (20) days after filing the NOTICE of APPEAL. synW-ofF-M- xyorDepW 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 appeftee. PRAECIPE: To Prothonotary Enter rule upon /ot?1 )?Z- A.4,& appellee(s), to file a complaint in this appeal Q Name of epWft(s) (Common Pleas No. j?Yg?? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of A5PqnWt or atiomey or agent RULE: To , appellee(s) Name of appe#Ws) (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. -7 5EW? Date: D? - 20 Signature Prof wWary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERWCE.OF N077CE OF APPEAL AND RULE TO PILE COMPLAINT (This proof of service MUST BE F1LEU tMTHlW rEk (16) 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 ofaffrant Signature of official before whom affidavit was made Title Of official My commission expires on 20 C? ^a rrT ) t 3 co Sep 10 08 10:42a RITTER'S HARDWAR 1-717-766-2491 p.2 VANIA NSCRIPT NOTICE OF JUDGMENT/ COMMONWEALTH OF PENNSYL LAND SE RESIDENTIA COUNTY OF: C011MIR EandA00RESS PLAINTIFF: Mag. Dist. No.: 09-3-05 rimm, Yoa H 77 GWIBLD BLVD MUJ Name: Hon. MARK MARTIN BROWN MILLS, 1?J 0801 Addm.s- 507 N YORL ST L J VS MSCBMICSBURG, PA . DEFENDANT: NAME and ADDRESS ? Telephone: (717 ) 766-4575 17055 rLyNcH, JOHN, ET AL. 14 8 XZLLSR ST NRCRANICSBURa, PA 17055 L J JOHN LYNCH Docket NO.: LT-0000278-08 14 E RSLLER ST MgCHANICSBURG, PA 17055 Date Filed: 8/21/08 THIS IS TO NOTIFY YOU THAT: lip Judgment: -- rA? Judgment was entered for: (Name) PARt YOU>ttG H in a Judgment was entered against 0 rROMM BaGAN dfrenant action in the amount of $ 2,970.50 on 9/03/08 (Date of Judgment) dl 00 00 ® L or an stablis h . . hed by the Magisterial District Judge, is $ 9 , as e The amount of rent per mont 00 The total amount of the Security Deposit is $ . Total Amount Establishe b MDJ00-Less -Security Deposit Applied $ AdjudicaV Amount 0 Bent in Arrears $ 1 . - .00 00-$ • ? $ • ? Physical Damages Leasehold Property - OQ _$ pn= $ Damages/Unjust Detention - Less Amt Due Defendant from Cross Complaint - $ inn Interest (if provided by lease) $ - nn LIT Judgment Amount $ -1 Attachment Prohibited/ Judgment Costs $ 160.E Attorney Fees $ - 1--i 42 Pa.C.S. § 8127 2,970.50 t $ D This case dismissed without prejudice. _ Total Judgmen Post Judgment Credits $ ?? Possession granted. Post Judgment Costs $ Certified Judgment Total $ I-XI Possession granted if money judgment is no sa Is Ie y Ime of eviction. Possession not granted. ? 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 LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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. PLEAS, ANYONE INTERESTEO IN THE JUDGMENT MAY FILE A DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, UNLESS FTHE OR ENTRY JUDGMENT OF SATISFACTION WITH THE MAGISTERIAL COMMON REQUEST SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 3 OT Date A 74 ?. _ - ,.....e..r ...,?.. t o r-car o he i District J + . - IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA YOUNG H.PARK Plaintiff V. JOHN LYNCH and d1EGAN STROMAN Defendants No. 2008 - WCIVIL CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow John Lynch and&egan Stroman 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: Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 c c ti 7- •• Ja rrl t???1¦1?1??11? (Domestic Mail Only, 1 Er L? r`- r' Postage $ r ( Z C3 Certified Fee n L C3 7D G C3 Return Receipt Fee C3 (Endorsement Required) p,0 C3 Restricted Delivery Fee r-I (Endorsement Required) CE) O Total Postage & Fees $ 0 Sent To r?V - O -- ............ rti S`treef, Apt. No.^ or Po Box No. -C,- 0 7 IV, ?/ o rk ....................................... . .. ....... City, State, ZIP+4 ae A&1;,-4 & r,r , I Ptstmark O?e i' t - Q f y. ? C= i - S?_ - - - - ----- %3 17o 53' o 0 cn ?. -4t C7: C7 Fn 1 7 , i co ? '7 r .... , - -I ' C y ? 5 C: -- t I { 4 21 y . C4 ? 7 Cn -< PROOF OF SERVICE Ok NOME OF APPEAL AND R#jLE TO IXE COMPLAINT (This proof of service MUStl§E FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLViSNIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affi at I served ? a copy of the Notice of Appeal, Common Pleas""' upon the District Justice designated therein on (date of service) /0l ' 20 67?% ? by personal service W by, (??cejjrtifed/)jr? mail, sender's recut attached hereto, and upon the appellee, (name) !roiAil on /0// , 20 ? by personal service ?by (certified) u¢?mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Si ature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 F.,; , r. NOTARtAL's PRMHONOTARY WOT P ;. ?; ,,. C IUSLE•-Ct,?• GLAND COL001W MIME MY COMMISSION EXPIRES ANW•4 :F010 /?? Ap? U'S 'a -o CERTIFIED MAILT. RE CEIPT rmu (Domestic Only ; No insurance coverage nj ar r Postage $ I `( 2- M C3 Fee 2,70 A os Return Receipt Fee (Endorsement Required) ' O D C Here OCj M ra CD Restricted Delivery Fee (Endorsement Required) ` NV C3 Total Postage & Fees 6 1 nt o Q ?( ? V - -------------- y : F - x COURT OF COMMON PLEAS Judicial District, County Of vs DISTRICT JUSTICE JUDGMENT CtMI PLEAS No. S / 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. J-0. 0 47--04W 4;z This block wig be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, wig operate as a SUPERSEDEAS to the judgment for possession in this case. Spr mh-dRWh-0Wy-D*P* NOTICE OF APPEAL FROM was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after fling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAWT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. IWI(T) 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 '?/' L^f /t/. /& appellee(s), to file a complaint in this appeal Q Name of SAWO e(s) (Common Pleas No./' [ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ,?/ Slgnattrso/ oraraer?yor+?ra RULE: To appellee(s) Name of app"Ws) (1) You are wed-that a rWo 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 setyicb or by certified or registered mail. (2) If you-do not file a complaint w vk, this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. _ i (3) The-date of service of•this rule if service was by mail is the date of the mailing. i Date: , 20 pmomawy- ONO* YOU MUST WCL E A, COPY OR THE NOTICE OF JU TITRANSCRIPT FORMAPITH THIS NOTICE OF APPEAL. AOPC 312-02 THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 YOUNG H. PARK, Plaintiff V. JOHN LYNCH and RAGAN STROMAN, Defendants :IN THE COURT OF COMMON PLEAS :CUN]BERLAND COUNTY, PENNSYLVANIA :No. 2008-5819 CIVIL TERM :CIVIL ACTION - LAW 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 judgement 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 loose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 YOUNG H. PARK, :IN THE COURT OF COMMON PLEAS Plaintiff :CpN33ERLAND COUNTY, PENNSYLVANIA V. :No. 2008-5819 CIVIL TERM JOHN LYNCH and RAGAN STROMAN, Defendants :CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Young H. Park, is an individual who resides at 77 Garfield Boulevard, Brown Mills, New Jersey. 2. Defendant, John Lynch, is a individual whose last known address is 14 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Ragan Stroman, is a individual whose last known address is 14 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. Plaintiff is the owner of the real estate known and numbered as 14 East Keller, Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. On June 6, 2008 plaintiff through his agent, Jennifer Park, entered into a written lease for the premises at 14 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, with defendants, a true and correct copy of which is attached hereto, made a part hereof and marked as exhibit "A". 6. The lease was for a one (1) year period. 7. The yearly lease amount was $10,800.00, payable at $900.00 each month. 8. A security deposit equal to one months rent ($900.00) was required. 9. On June 6, 2008 defendant Lynch tendered a $2,700.00 check representing the first and last months rent and the security deposit. 10. The defendants requested that the plaintiff delay the depositing of the $2,700.00 check and dated the check for July 1, 2008. 11. The plaintiff agreed to delay the cashing of the check with the promise from defendants that they would make improvements, including painting the interior walls, to the rented premises during the period from June 6 to June 30, 2008. 12. On or about June 17, 2008 defendants began occupying the leased premises. 13. Prior to July 1, 2008 and continuing until on or about July 18, 2008 defendants requested plaintiff to delay depositing the $2,700.00 check due to banking difficulties. 14. On or about July 18, 2008 plaintiff deposited the defendants' $2,700.00 check. 15. On or about July 21, 2008 defendants' $2,700.00 check was returned to plaintiff marked "closed account". A copy of the returned check is attached as exhibit B. 16. Plaintiff has made multiple demands upon defendants to pay the rent. 17. Defendants have not made any payments to plaintiff. 18. Defendants made no improvements to the premises. 19. On July 29, 2008 plaintiff, through his agent Chong Hui Knab, gave defendants Notice of Termination of Tenancy for breach of the terms and condition of the lease. A copy is attached as exhibit C. 20. On August 21, 2008 plaintiff filed a Landlord/Tenant Complaint with the Magisterial District Judge. 21. The costs for the Magisterial District Judge was $160.50. 22. The Magisterial District Judge issued a judgement, including possession, against defendant Lynch and another judgment against defendant Stroman. 23. The defendants did not file their appeal within 10 days of the Magisterial District Judge's judgment. 24. The plaintiff requested and was issued a Writ of Possession for the leased premises. 25. The plaintiff paid $133.00 for the Writ. 26. On September 29, 2008 the possession, through the assistance of a Constable, of the leased premises was return to plaintiff. 27. The defendants occupied the leased premises from June 16, 2008 through September 29, 2008. r 28. The defendants did not pay plaintiff any money for the use of the leased premises. 29. The lease provides for a $25.00 late fee for each 10-day late period. 30. The defendants made no improvements to the leased premises. 31. The defendants caused damage to the leased premises. 32. The defendants, upon eviction, left the premises full of trash, dirty and unfit for occupancy. 33. The plaintiff incurred expenses removing the defendant's trash and otherwise making the premises ready for occupancy. 34. Due to the condition of the leased premises upon defendants' eviction, plaintiff was unable to rent the premises and thereby suffering a loss of revenue. Wherefore, plaintiff demands judgment against the defendants for rent of $3,060.00 (3 months + 12 days @ 30/day), late fees of $250.00 ($25.00 for @ 10 day period), DJ costs of $293.50, damage to the premises, lost revenue for inability to rent, statutory interest on past amounts and any other cost or expenses deemed appropriate. Respectfully, Date: ©ct I., Zo, 2000 ?4W b, Thomas D. Gould, Esquire Supreme Court ID No.36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Young H. Park, hereby certify that the foregoing COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 44 . Park RESIDENTIAL LEASE This is a lease agreement, whereby the parties, for mutual considerations and intending to be bound by the provision hereof, agree to the following terms: DATE; 01FV? g LESSOR: Young H. Park dt .rennifer S. Park 11 Sunnybrae Blvd Yardville, NJ 09620 LEssEE(s) NRme! Tow ow-ti Name: Vt S' f1 M Street Address JrSJr QMI1 RO+Qdif#4n Street Address MI t?YYfly City, State, and Zip AK TAY City, State, and Zip Yorw luf* t V Vh,t) 60g --2101 011? bD9- 4uA; x -bathrooms, (other) - FM consists of 3 rooms, items attached to the premises and including the appliances. 2. TERM: (1) Year 3. RENEWAL OF TRW Holding over with written consent is on a month-to-month bests.' There is no renewal for like term unless confirmed in writing. Lessee will notify Lessor by 45 days of desire to leave the premises for an additional period, subject to acceptance by Lessor of Lessee's offer to lease. 4. RENT: Rent for thr-torm is $ 10.800.00 payabagr 9 4 Per month in advance on the day of every month commenein Ldd/ss r at 11 Sunnybrae Blvd. Yardville, N.I 08620. La rent payments shall be subject to it fee of $25,00. If the rent is paid after the 10'' day; an additional 525.00 is to be added for each ten-day period thereafter, in addition to interest in the amount of 10% on the unpaid balance to rent after ten days, This late fee and interest provisions shall not absolve from liability fur or constitute waiver of right to dectare-forfeiture of lease by default for failure to pay rent on time, nor constitute a waiver for any obligations hereunder. 5. SECURITY DEPOSIT: Lessee will pay a security deposit in the amount of one months rent to secure compliance with all lease provisions, including payment of rent and damages (normal wear and tear expected) which may be caused to the premises as a result of lessee occupancy, Security deposit shall not be used for the last month's rent, Rather, first and last months rent shall also be paid upon the payment of the security deposit. If the Lessee chooses to terminate the lease prematurely, security deposit will be forfeited to the Lessor. „Ih I.13 oR INITIAL. _ LLssHM(S) INITIAL `' Tt Page 1 of 4 71 f) 10-0 a 6. UTILITIES; Lessee will pay and keep current charges for all utilities, including electric, gas, heating fuel, municipal water, sewer and municipal waste removal. Lessee shall comply with state and municipal waste lays and ordinances. At termination of lease, Lessee shall notify utilities of termination. Oil tank is acknowledged to be full at commencement of lease and shall be filled by Lessee at termination of lease, T ELECTRICAL; Lessee shall not install any electrical appliances, which use more than 110 volts (dryer outlets use 220 volts), nor use multiple appliances on any outlet, which may overload the electrical capacity. Lessee will not perform or permit any act, which may cause a hazardous condition, which may result in fare or casualty. 8. TV Antenna; Lessee shall not install any TV antenna or satellite dish without written permission from the lessor. 9. PM: Pets may not be kept on property without written permission of the lessor. 10. MAINTENANCE: Lessee will maintain premises in a clean and sanitary condition including the grounds. The lawn must be promptly mowed. Snow and ice must be removed from the sidewalks and driveway on and around the premises. Lessee must conduct no home occupations or illegal activities on the premises, and must occupy the premises in such a manner as not to disturb unreasonably the quiet and solitude of the residents in the adjacent properties. Lessee shall also abide by all applicable state and local laws and ordinances, Nothing shall be done upon the premises contrary to the conditions of the policies of insurance upon the building whereby the hazard may be increased or the insurance invalidated. Lessee will ensure that the shower curtain is placed inside the tub. Lessee shall promptly advise the Lessor of any problems with utilities and heating facilities, such as unusual heating noises, leaks, cracks, or loose bath tiles, septic system malfunction, or roof leaks. Lessee will be absolutely liable for damage occurring from any water bed(s) on the premises, Lessee shall not make improvements that are attached to or affect the walls, floors, or building, nor shall Lessee paint, wallpaper, or change floor covering. Lessee cannot use nails or screws on the walls for hanging pictures, mirrors, etc. Only glue hooks may be used. Improvements made to premises with written consent shall remain as property of Lessor upon termination of the lease. PMOR INP[IAL _ LESSEE(s) INITIAL Page 2 of 4 r,t01800M X" L0:80 800c/Zt/80 MAINTENANCE CONT: Lessor is not responsible for any kitchen appliances upkeep or working order. Problems surfacing from broken appliances are responsibility of tenant. [f fireplace is present on premises and it is the desire of the Lessee to employ it, the Lessee must first contact the Lessor. Use and care of the fireplace is the responsibility of the Lessee. The Lessee must have it professionally cleaned and is required to carry renter's insurance. 11. INSPECTION: Lessor has the right to enter upon the premises periodically for the purpose of routine inspection for compliance with the lease to preserve and to care for the premise, and to show prospective tenants, upon reasonable notice and at reasonable times. 12. REPAIRS AND TENANT'S INSURANCE: a. Lessee is liable for repairs on the premises, since Lessee occupies the premises; normal wear and tear is expected. Structural repairs organic to the equipment or condition (such as breakdown of integral furnace parts, defective plumbing conditions existing at time of rental, septic system, well, or leaking room, not caused by Lessee or Lessee's guest are the responsibility of the Lessor. Damago or conditions occurring as a result of willful or grossly negligent conduct of Lessee excluded. b. Lessee will maintain Lessee's own liability and property insurance for the use of the premises, commonly known as "Tenant's Insurance." Providing within ten days certificate of unqualified notice of termination or modification of policy, with a provision for Lessor's interest as it appears. Lessor shall maintain fire and extend coverage on the premises. 13. AssiGNMENT: Lessee may not assign lease or subject. 14. FDRFEITuRE: Lease may be terminated by Lessor by giving written notice to Lessee declaring lease provisions in default for failure of Lessee to comply with the provisions hereof, which may be any specific condition of failure to pay rent when due. Lessee shall promptly relinquish possession within fifteen days of mailing by first class mail or service upon an adult at the premises of written notice of default and notice to vacate, or as provided by law. 15. This agreement is biding upon the parties, their heirs, executors and assigns. LESSOR INITIAL LEssEE(s) INITIA Page 3 of 4 10/G00 i xvj zo _ so 800MZ t/tso IN WITNESS WHERE OF, the parties to this agreement have set their lands and seals the date above written. r1ty P.a . O D a& Received the sum of $ ?'DO /' s security deposit f mq?t?? ', +,, nt mom r Date blbla$ 1Lvw a a? Young H. Park / Jennifer S. Park Page 4 of 4 xvi 80:80 BQOVUt/80 BANK OF AMERICA, N.A. EAST RETURN XTENS F.A. AOx 2518 HOUSTON, TX 77252-2518 Pape 01 of 02 H Bonk ; 00035 Center ; Dividar: 506 Coda : 1 Deposit Accounts 477-501-2739 Charge Account 1 477-501-2739 Store/Reforence: 00000000000000 JNNNZPRR 8 PARK RUNS K PARK 77 GARFTELD BLVD R RGWN8 MILLS NUJ lie Debar ysmlmad c4gntn>nar, 08015-3819 Thom •itskmf.x) h*lnw, which ware deposited to Your ace Tharaefore, we..-have- Gherped #hanw to your account. P subtracting tha total shown below. If you have any questions or need additional inform Ouft+Omer Smrvleo Raprosontati+ves at 1-800^4312^1000, Amaaar,l ca , Numbawr cif Roturnad Items; Amount of Roturnad ItemCs) v Return TtmmA pA aR Tate,]., SEQUENCE/ ABA NUNAER/ MAKER NAME/ OFF PATF nEP AMOUNT CHECK DATE 6113733662 (1313-1878 7121/20nA 2,.700.00 1 2,704,00 0.00 2,,700, 00 C1 c¦Iu6:t 8 - nM L 0 u1 m? i o ? * B-0 m n, * a li C3 # ry Ya q U.INn.1 Qp a ir ?a1ao0A13aa ra7f?2f20ga 0000062154A3518 C] W r C3 i - r e W a r - Je ' R ?Rtl 1C 'AZ ? *I 'A .` ?? r n co try ' mop C3 rv C,. A Cl r w J L, ? F{ Ul IL v C © 6W W as d 4 w % 1 Q ru O ?1 t+ ' ? { b Q A r 411 1 i NOTICE OF TER INATION OF TENANCY TO: John Lynch and Ragan Stroman AND TO ALL PERSONS IN POSSESSION OF THE PREMISES COMMONLY KNOWN AS [address of the property] 14 East Kellar St. Mech icsburg, PA 17055 NOTICE IS HEREBY GIVEN that within ten (10) days after service of this Notice on you, you are hereby required to quit the above-described premises and deliver up the possession of same to the lessor or Lessor's agent if specified below. FURTHER NOTICE IS HEREBY GIVEN that said lessor hereby elects to terminate your month-to-month tenancy of the above-described premises and that if within ten (10) days after service of this Notice upon. you, if you have not quit the above-described premises, the undersigned will institute legal proceedings for Unlawful Detainer against you to recover treble damages and possession of the premises from you. DATED: 29 July 2008 NAME OF AGENT: Chong Hui Knab 6116k;+ G ` rte c -, YOUNG H. PARK, Plaintiff v. JOHN LYNCH and REGAN STROMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5819 CIVIL TERM CIVIL ACTION - LAW To: Thomas D. Gould, Esquire (Attorney of Record for Young H.Park) You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint with New Matter, Affirmative Defenses, and Counterclaims, within twenty (20) days from service hereof or a judgment may be entered against you . f By: Geoffrey M. Biringer, Esq. MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717)243-9400 YOUNG H. PARK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 2008-5819 CIVIL TERM JOHN LYNCH and REGAN STROMAN, CIVIL ACTION -LAW Defendants ANSWER, NEW MATTER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS 1. Admitted. 2. Denied. Defendant's current address is 10,200 Allentown Boulevard, Grantville, Pennsylvania. 3. Denied. Defendant's current address is 10,200 Allentown Boulevard, Grantville, Pennsylvania. 4. Admitted. 5. Admitted that the lease is as stated, but denied that Defendant's agent was Jennifer Park, but rather Chong Hui Knab. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. Although the check was dated for July 1, 2008, the parties had agreed that the Defendants would clean and paint the premises before any rent was charged as of July 1, 2008. 11. Admitted. 12. Admitted in part. Defendant Lynch was occupying the premises while doing the work described above in Paragraph 10. 13. Denied. Plaintiff requested that Defendants pay in cash instead, because Plaintiff had agreed to pay one-half the cost of the paint ($200) and Defendants, therefore, stopped payment on the check. Defendants paid Plaintiff's agent Cheung $2500 in cash on or about June 26, 2008. 14. Denied. Defendants are without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 15. Denied. Defendants are without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. To the extent that an answer is required, Defendants had stopped payment on the check pursuant to the agreement of the parties. 16. Admitted. 17. Denied. Defendants paid $2500 to the Plaintiff's agent Cheung. 18. Denied. Defendants steam-cleaned the carpets, stripped the wallpaper, and prepped for painting all as agreed by the parties. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted. 28. Denied. Defendants paid $2500 to the Plaintiff's agent Cheung. 29. Admitted, but denied that said fee is due. 30. Denied. Defendants did all they agreed to do, including cleaning the carpet, stripping the wallpaper, and prepping for painting. 31. Denied. Defendants left the premises in better shape than they found it. 32. Denied. Defendants left the premises in better shape than they found it. 33. Denied. Defendants are without information sufficient to form a belief as to the truth of the averment and demand proof thereof at trial. 34. Denied. Defendants are without information sufficient to form a belief as to the truth of the averment and demand proof thereof at trial. WHEREFORE, Defendants demand that Plaintiff's Complaint be dismissed and judgment entered for Defendants. NEW MATTER 35. Paragraphs 1-34 are incorporated herein by reference hereto. 36. Upon move-in, Defendants complained to Plaintiff's agent about the need to repair the premises, including, but not limited to: a. porch blocked off; b. window frames rotten and gapped; C. mold in dining room; d. major plumbing issues on second floor; leaking into kitchen e. inadequate electrical supply. 37. Due to the lack of repairs, following notice to the Plaintiff through her agent, the premises were worth no more than $400 per month from June, 2008 until October, 2008. AFFIRMATIVE DEFENSES 1. ACCORD AND SATISFACTION 38. Paragraphs 1-37 are incorporated herein by reference hereto. 39. Plaintiff, by her agent, accepted $2,500 in cash from the Defendants in satisfaction of three months' rent (minus $200 promised for paint). WHEREFORE, Defendants demand setoff from any rent or damages found due in the total amount of $2,500. II. WARRANTY OF HABITABILITY 40. Paragraphs 1-39 are incorporated herein by reference hereto. 41. Defendants overpaid their rent due to Plaintiff's breach of the imp[lied warranty of habitability in the total amount of $2,000. (retroactive rent abatement). WHEREFORE, Defendants demand setoff from any rent or damages due in the total amount of $2,000. COUNTERCLAIMS 1. WARRANTY OF HABITABILITY 42. Paragraphs 1-41 are incorporated herein by reference hereto. 43. By breaching the implied warranty of habitability as to the Defendants, Defendants overpaid their rent in the total amount of $2,000 (retroactive rent abatement). WHEREFORE, Defendants demand judgment against the Plaintiff in the amount of $2,000, said amount being within the amount subject to arbitration. II. UNFAIR TRADE PRACTICES 44. Paragraphs 1-43 are incorporated herein by reference hereto. 45. In misleading the Defendants into believing that the leased property was fit for the purpose and compliant with all relevant building and housing codes, the Plaintiff violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law, specifically at 73 P.S. 201- 2(4)(ii)(iii)(v)(vii)(xxi). 46. Plaintiff's acts, in misleading the Defendants were so egregious, that Defendants should be entitled to treble damages. WHEREFORE, Defendants demand judgment against the Plaintiff in the total amount of $6000, said amount being within the amount subject to arbitration. Dated: .LG414& Respectfully Submitted: -ZIA- MIDPENN LEGAL SERVICES j . 4 By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 VERIFICATION We, Regan Stroman and John Lynch , make this verification that the facts set forth in the foregoing Answer, are true and correct to the best of our knowledge, 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. Date: *egatromran Date: CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the Y4-401 Answer, New Matter, Affirmative Defenses, and Counterclaims on this 40!y?7 of December, 2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Thomas D.Gould, Esquire 2 East Main Street Shiremanstown,PA 17011 MIDPENN LEGAL SERVICES By: eoffrey M. Bir i nger Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 C.: ..... -. YOUNG H. PARK, Plaintiff V. JOHN LYNCH and RAGAN STROMAN, Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 2008-5819 CIVIL TERM :CIVIL ACTION - LAW ANSWER TO NEW MATTER AND COUNTERCLAIMS 35. The allegations in paragraphs 1-34 are hereby incorporated into this answer. 36. Denied that Defendants complained to Plaintiff regarding the need to repair the premises (items a-e). Rather the defendants inspected the premises prior to agreeing to move into the previously well maintained home. 37. Denied that the premises required improvements or that the agreed rent of $900.00 per month was not a fair and reasonable rent for the single, two story, three bedroom home in a good residential area of Mechanicsburg. AFFIRMATIVE DEFENSES I. ACCORD AND SATISFACTION 38. Paragraphs 1-37 are incorporated herein by reference. 39. Denied that Defendants paid $2,500.00 to Plaintiff or his agent. Denied that Plaintiff had agreed to reduce the rent for the painting that Defendants had requested to do. Denied that Defendants painted the premises. WHEREFORE Defendants are not entitled to a setoff from the amount due to Plaintiff. II. WARRANTY OF HABITABILITY 40. Paragraphs 1-39 are incorporated herein by reference. 41. Denied that Plaintiff breached the implied warranty of habitability and therefore the rent was appropriate for the premises. Denied that Defendants overpaid, since they never made any payments although they occupied the premises from June 17, 2008 to September 29, 2008. WHEREFORE Defendants are not entitled to a setoff from the amount due to Plaintiff. COUNTERCLAIMS I. WARRANTY OF HABITABILITY 42. Paragraphs 1-42 are incorporated herein by reference. 43. Denied that the premises were not fit for habitation and therefore the Plaintiff did not breach any implied warranty of habitability. Nor did Defendants overpay rent, in fact they paid no rent although they occupied the premises from June 17, 2008 to September 29, 2008. WHEREFORE Defendants are not entitled to any judgment from Plaintiff. II. UNFAIR TRADE PRACTICES 44. Paragraphs 1-44 are incorporated herein by reference. 45. Denied that the premises, at the time the lease was signed, was not fit for occupancy. If there were any building or housing code violations at the premises at the time of the lease, they did not affect the habitability of the premises and Plaintiff was not given adequate notice of or the ability to correct such violations. Denied that Plaintiff violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 46. Denied that Plaintiff mislead Defendants. Denied that Defendant is entitled to treble damages for any alleged violations. WHEREFORE, Defendant is not entitled to judgment against the Plaintiff. Respectfully, Date: J)@QPM?Ir- 12 ? Pot Thomas D. Gould, Esquire Supreme Court ID No.36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERTFIC VON i, Young H. Park, hereby certify that the foregoing ANSWR TO NEW MATTER ANA COtTMRCLAnLS is true and correct to the best of my knowledga, i,nformatinn and belief. I understand that. false statements herein arc made subjact to the pen;.41t.ieg of 18 Pa. C.S. secti,an 1904 .relati.xly Lo unaworn fal. ification to aiatrorities. GATED: *og Park 17 ? Tw? -,,..f = r David D. Bued Prothonotary KirkS. Sohonage, ESQ, Solicitor knee X Simpson 1S` Deputy Prothonotary Irene E. 9Korrow 2124 Deputy Prothonotary Office of the T'rothonotary Cumberfand County, Pennsylvania !_J8 - S9I ? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carfisfe, P,4 17013 • (717 240-6195 9 Fax (717 240-6573