HomeMy WebLinkAbout04-1435COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. b `><- /113.7 6t c4 T.-,
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.
O ? I NAME OF D.J,
NAME OF C APPELLANT ?A fAIW lK 1 MAST. NO.
(-+ V. ?tA tix rat I r{ I
ADD OF APPELLANT CITY STATE ZZI C E
/)0J yotrd? 1 C'amf 14? U PA 19-6)11
DATE OF JUDGMENT IN THE CASE OF (Plain1,H) 1 //'?? (DelenEanQ'
DOC6 T NO. '\-'RE OF APPELIA`NTvO?nT Y RqGNT
L* - 06CDII-Z -04
This block will be signed ONLY when this notation is required under Pa. If appellant w Claimant (see Pa. R.C.P.D.J. No.'fD01(6) in action
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.
?? Synature of PrJ(honW or0e ry
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 F4t r AoA4 PA f - A,?IAgQ A`b __ appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
(? s -VA, ru AAA -iM 0
1 Signature of appellant or attorney or agent
RULE: To F;?-irw Jr.{II ,+ 94rv Af ^ ,rl0rellee(s)
Name ofappellee(s) ?•??,,,,a'i?
(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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. n
Date: _'.20.0Y_. It" , ?2 `. ?t-
"'?""" / Signature ofProthonotaty or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-02
Dd Name: Hon.
ROBERT V. MANLOVE
Adrese: 1901 STATE STREET
CAMP HILL, PA
Telephone: (717 ) 761-0583 17011-0000
HOPE ALWINE
1201 YVERDON DR APT/STS AS
CAMP HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
PLAiNTiFF: RESIDENTIAL LEASE
NAME 'FAIRMOUNT PARK APARTMENTS
1102 YVERDON DR
CAMP HILL, PA 17011
L J
VS.
DEFENDANT: NAME and ADDRESS
riLWINE, HOPE 7
1201 YVERDON DR APT/STE AS
CAMP HILL, PA 17011
L J
DocketNo.: LT-0000112-04I
Date Filed: 3/25/04
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT,AINTIFF
?X Judgment was entered for: (Name) FAIRMOUNT PARK APARTMENTS
Judgment was entered against ALWINE, HOPE Ina
Landlord/Tenant action in the amount of $ 88.50 on 4/05/04 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ 670.00.
The total amount of the Security Deposit is $ .00
Total Amount Established by DJ LLess • Security Deposit ApDli d
WU
00 = Adjudicated Amount
00
Rent in Arrears $ - $ $ .
Physical Damages Leasehold Property $ 00 - $ .00 = $ .00
Damages/Unjust Detention $ .00 -$ 00 = $ .00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
LIT Judgment Amount $ -00
Attachment Prohibited/ Judgment Costs $ 88.50
42 Pa.C.S. § 8127 Attorney Fees $ .00
This case dismissed without prejudice. Total Judgment $ 88.50
7X Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Possession granted if money judgment is not satisfied by time 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 PROTHONOTARYICLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PI YS? N FULL; SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
(/
?Xc j Date
I c i t t/his is a true
d7 Date
My commission expires first Monday or January, 2006
n nwse n,
i PS Justice
judgment.
^''' det JustiEe? `
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice oiappsai Gt,eck applfca8kr bones.]
COMMONWEALTH OF PENNSYLVANIA
COUNTY es
Q,1?1
AFFIDAVIT: I hereby (swear) (affirm) that I served
u a copy of the Notice of Appeal. Common Pleas No, i e4--/4/-upon the District Justice designated therein on
hicde ofservies) Q_ j Z -Cj q , 20 R?by personal =ervice (? b certifisd ro i4,
_ Y { } ( g„to:ed} mail,
sender's receipt attached hereto, and upon the appellee, P'IOxi?y"e? -?9er
(name) t?
f"?tfY1?8c.1V1+ Nl!'k /'Iyi5. .on
H_ 1l1....pe.f , 20 by personal service [ t by {certified) (registered) mail.
sender's receipt attached hereto.
(SWORN) ( FFIRMED) AND USSCRIBED BEFORE' Jv
THISTHISYOF _... /iL 208--111
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?afu/({r?eJof?o/fG?C?a-f7de?to?e ,vh'ov 1. ffrdF.W2 was mode
Title of otfro?"^? fa- t?43L7??,?
My commission expires 41-q 2005..
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro, Cumberland County
My Commission Expires April 4, 2005
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AQPC 312A - 02
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 64- /`/35 uir l T
NOTICE OF APPEAL
Notice is given that the appellant has fled 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.
kt _OCDIIZ -04 I ?U0 `::Jly .U
??,...? ,.,oi tie e{nnori nNLV when this notaUOn is required under Pa. If appellant w s Claimant (see Pa
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.
Q /Yf? r? Le n_-
s?¢aemreor noow oro air
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
FQ? ?u _ L PO r -? - appellee(s), to file a complaint in this appeal
Enter rule upon 1?'?" ? A46
Name of appellees)
(Common Pleas No. d y . /?/ 3 5? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
as IV` l (QA ??Y`0
Sl9netureolappellant orattomeyoragent
RULE: To_Fa,rlnllm n+ T??r? ,f.,f,?, ppellee(s)
Name or appellee(s)
(1) You are,notifothat 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 uppn ydii by p6l-§ufnA) service or by certified or registered mail.
(2 you do not file a compl8intwithin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3') The date of service of this ryle'if service was by mail is the date of the mailing.
:;11iD 1„ "OLD .
Date: 20 D -w) Signature of Prothonotaryor Deputy
YO UST INCLUDE A COF!Y OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
?'at rrrnr*r?'?
AOPC 312-02
COURT FILE
FAIRMOUNT PARK APARTMENTS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-1435 Civil. Term
HOPE ALWINE, : CIVIL ACTION - LAW
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mss adelante en las siguientes paginas, debe tomar acci6n dentro
de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objections a, las demandas presentadas aqui en contra suya. Se
le advierte de que si usted falls de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o
cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mAs aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
FAIRMOUNT PARK APARTMENTS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-1435 Civil Term
HOPE ALWINE, : CIVIL ACTION - LAW
Defendant
COMPLAINT
AND NOW comes the Plaintiff, by and through its attorneys, Friedman & King,
P.C., and avers as follows:
1. The Plaintiff is Fairmount Park Apartments, Bunker Associates, with a
principal place of business at 1102 Yverdon Drive, Camp Hill, Cumberland County,
Pennsylvania 17011, which is owned by LCL Management, located at 322 Route 46 West,
Parsippany, NJ 07054, and is engaged in the business of renting residential properties.
2. The Defendant, Hope Alwine, is an adult individual and resides at 1201 A8
Yverdon Dr., Camp Hill, Cumberland County, Pennsylvania 17011.
3. The parties entered into a Residential Lease on July 27, 2003, a copy of which
is attached hereto, marked Exhibit "A", and incorporated herein by reference.
4. Attached to the Residential Lease are Rules and Regulations which were
delivered to Defendant upon execution of the Residential Lease.
5. Defendant has been in violation of the "quiet hours" of the Rules and
Regulations Addendum "A" and paragraph 10 of Addendum "B" of the Rules and Regulations,
as well as other provisions of the Rules and Regulations.
6. Several notices were given by the Plaintiff to the Defendant, which notices
were ignored.
7. The Plaintiff filed a Landlord/Tenant Complaint for possession on or about
March 25, 2004.
8. Possession was granted by the district justice on April 5, 2004.
9. The Defendant filed a Notice of Appeal on or about April 5, 2004.
WHEREFORE, Plaintiff demands judgment for possession.
Date: O
Respectfully submitted,
FRIEDMAN &/ G, .C.
d
Rich#d S. Friedman, Esquire
600 N. Second Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
f/p:pleadings\fairmount-alwine.cmp
VERIFICATION
I, Sherri Hockley, hereby acknowledge that I am the agent for Plaintiff in the
foregoing action; that I have read the foregoing Complaint; and the facts stated therein are true
and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are; made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: a J, AY
RESIDENTIAL LEASE FOR
FAIRMOUNP PARK APARTMENTS
NAME
HOPE ALWINE
Roma Nieves
Grace Bartle
Neena Bartle
Carla Barlie
RELATIONSHIP
RESIDENT
Mother
Daughter
Daughter
Daughter
DATE OF BIRTH
08/16/1970
51 Years Old
10 Years Old
6'Years Old
4 YEars Old
l . LEASED PREMISES. Landlord leases to Tenant upon the terms and conditions contained in this Residential Lease, a 2 Br. Org. Apartment
with a stove, refrigerator and dishwasher, and all blinds located at 1201 Yverdon Drive Apt. A-8, Camp Hill, Pa 17011
2. TERM OF LEASE. The term of this Residential Lease is 12 consecutive months + 5•t days beginning on the 27' of JULY, 2003 at 9:00am and
ending on the 31 sr of JULY, 2004 at 5:00pm.
3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum of $ 8,040.00 as basic rental for the lease term. The rental shall be payable monthly
in advance on the first day of each month during the lease tens in the amount of $670.00 without prior demand by Landlord. Payment of rental shall
be to the business address of Landlord, or upon written notice to Tenant, at another location.
NO CASH ACCEPTED! MARE PAYABLE TO: BUNKER ASSOCIATES
"PRO-RATED RENT DUE $ 22.34 a day X 5 days - $ 111.70 > August Rent**
If the term of this lease shall begin on a date other than the first of the month, Tenant shall pay the monthly rental on the beginning date.
The rental paid shall be applied to the first partial month. The second monthly payment shall be paid on the fist day of the month following the
beginning of the lease term and shall be applied to that month's rental.
Landlord and Tenant agree that a timely payment of the rental and performance of all terms and conditions of the lease are of the essence of
this lease. If the monthly rental shall not have been paid after the fifth (5th) of the month when the rental shall have been due, then Tenant agrees to
pay the late charge of 10% which will be added to any full or partial monthly rent payment not received in the office by the fifth (5th) of every
month. Any check not cleared by Tenant's bank will be considered late rent and subject to the 10% late charge. The late charge shall compensate
Landlord for additional administrative costs and expenses caused by the late payment. If payment is made to Landlord at the proper address by first
class mail, postage prepaid, then the date of the postmark shall be used as the date of payment. In the event any rent check is returned to Landlord by
reason of insufficient funds, uncollected funds, stop payment, account closed or any other reason, Tenant agrees to pay Landlord a fee of $30.00.
Landlord reserves the right to require a certified check, money order or cashier's check for the future rent in the event any personal check is returned
for the reasons set forth herein. Landlord reserves the right to proceed with criminal charges in the event Tenant issues "bad check". All charges
hereunder shall be deemed additional rent.
If the Tenant violates any of the teens and conditions of this lease, the Landlord has the right to enforce collection of the entire unpaid
balance of the rent for the remaining term of the lease.
4. SECURITY DEPOSIT After signing this Residential Lease, and before the Tenant takes possession of the Leased Premises, Tenant shall pay to
Landlord a sum ($ N/A ) which amount shall be held by Landlord as a security deposit.
This Residential Lease dated this 27TH day of JULY, 2003 between LCL MANAGEMENT as agents for FAIRMOUNT PARR
APARTMENTS/ BUNKER ASSOCIATES as Landlord and jointly and severally as Tenant(s).
It is agreed that no one will live in this dwelling other than those named below unless prior written approval is given by Landlord.
c
TENANT INITIALS :?
Before the Landlord returns the security deposit to the Tunant: 1) Tenant shall vacate the Leased Premises and Landlord shall inspect the
Leased Premises for damage; 2) Tenant shall have complied with all lease tenM conditions and rules and regulations; and 3) Tenant shall have paid
in full the rental, additional rental and late charges if any. Landlord may retain all or any part of the security deposit to reimburse Landlord for any
and all loss, damage and expense due to Tenant's violation of the lease terms and conditions, or rules and regulations of the Residential Lease or due
to nonpayment of rent, additional rent or late charges, if any. If this occurs prior to the lease termination, the Landlord may demand that the Tenant
replace the amount of the security deposit used by the landlord. Of the landlord sells the property, the Landlord may transfer the security deposit to
the new owners for the Tenant's benefit The Landlord will notify the Tenant of any sale and transfer of the deposit, The Landlord will then be
released of all liability to return the security deposit. TENANT ACKNOWLEDGES THAT THE SECURITY DEPOSIT IS NOT TO BE USED
AS PAYMENT OF THE LAST MONTH'S RENT.
5. INABILITY OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to transfer possession to Tenant at the beginning of the
Residential Lease, then the lease term shall begin, but Tenant's obligation to pay rent shall be suspended until Landlord is able to transfer possession
to Tenant. Landlord shall not be liable to Tenant for damages if Landlord is unable to transfer possession of the Leased Premises for causes
reasonably beyond Landlord's control If the prior Tenant holds over or remains in the Leased :Premises after the term ends, the Landlord's obligation
to transfer possession of the Leased Premises to Tenant is suspended.
6. PRIOR TO MOVE-IN. Tenant must complete the following:
1. Complete and sign the application which becomes part of the Agreement.
2. Read, understand and sign this Agreement and any applicable addendum's.
3. Pay all Moines for rent, security, pro-rate and addendum charges, as indicated with. cashiers check or money order.
4. Inspect with Landlord the specific dwelling you are renting, indicating existing conditions, and signing and dating the duplicate
inspection form
Tenant agrees to allow Landlord at least fourteen days from commencement date of this Lease for any repairs or decorating agreed to by
Landlord and Tenant.
7. DESTRUCTION OF LEASED PREMISES. Tenant shall notify Landlord as soon as possible of any fire or other loss in or about the Leased
Premises. Tenant shall notify the Landlord immediately of any circumstance or condition in or about the Leased Premises which threatens the Leased
Premises, or the property or safety of Tenant, Landlord, or others.
If the Leased Premises is partially destroyed by fire or other casualty, Tenant shall have the right and option 1) to continue to occupy the
habitable portion of the premises, or 2) to terminate the Residential Lease absolutely and receive a refund of rent paid through the date of
transfer of possession to Landlord.
S. INSURANCE Landlord shall insure the structure within which the Leased Premises is located for fire and extended coverage. Tenant shal insure
l
Tenant's personal property in or about the Leased premises.
The Landlord's structure insurance does not cover any damage to a Tenant or the property of a resident for any reason, including fire, water
leaks, equipment failures, vandalism, theft, smoke, electrical malfunction or any cause..
9. SUBLETTING AND ASSIGNMENTS. Tenant shall not assign this residential Lease or enter into any sublease agreement without the prior
written consent of Landlord. Any attempted assignment or sublease by Tenant without the prior written consent of Landlord is a violation of the
Residential lease. If Landlord shall consent to an assignment or sublease, any consent shall not be considered to be consent to any other assignment
or sublease.
10. RELIEF OF LANDLORD FROM LIABILITY. Landlord is not liable for any loss, injury, or damage to any person or property unless the loss,
injury or damage is caused by the Landlord's intentional act or neglect. Tenant shall repay to Landlord any money spent by Landlord due to Tenant's
intentional act or neglect. Tenant is responsible for all intentional acts or neglect of tenant's fancily, and others who use Leased Premises. Landlord
shall not be liable for any injury or damage caused by water, rain, snow or ice that leaks or flows from whatever source into or around the Leased
Premises or the building within which the Leased Premises is located.
The landlord is not responsible for any inconvenience or interruption of services due to repairs, improvements or for any other reason
beyond the landlord's control. Despite inconvenience or interruption of services, a Tenant must still pay rent.
TENANT INITIALS:
2
11. USE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used for residential purposes only without the prior written
consent of landlord. Tenant shall occupy and use the premises in conformance with all Federal, State and Local Laws, Regulations and Ordinances
now in force or that may be enacted in the future. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or
about the Leased Premises which substances or activities expose Tenant, Landlord or others to risk of injury, loss or damage.
12. RULES AND REGULATIONS. In addition to the terms and conditions in this Residential Lease, Tenant shall be bound by Landlord's standard
Rules and regulations which are attached to this Lease. Landlord shall have the right during the term of this Lease to change or add to these Rules
and Regulations provided that the purpose of any change or addition shall be to preserve the Leased Premises and the quiet enjoyment of all the
tenants. No change or addition to the Rules and Regulations shall become effective until Tenant has been provided with a written copy of the
changed or added Rules and Regulations by mail, posting or delivery the Leased Premises. Tenant agrees that a violation of the Rules and
Regulations shall be a violation of this Residential Lease. Violation of the Rules and Regulations by Tenant shall permit Landlord to exercise any
and all remedies provided for in this Residential Lease.
13. SUBORDINATION This Residential Lease is subordinate to any and all mortgages and security interest that are presently on the property or that
in the future may be on the property of which the Leased Premises is a part.
14. CARE AND MAINTENANCE OF LEASED PROPERTY. Tenant shall use good care when using the Leased Premises and all appliances,
fixtures, and all heating, ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise good care when using any
part of the building within which the Leased Premises is located. Tenant shall pay for all repair to the Leased Premises, its contents, or any property
of Landlord caused by lack of good care by Tenant, Tenant's family members and Tenant's guests. Upon ending of the Residential Lease for any
cause, Tenant shall surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as at the beginning of the
lease term, except for reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repairs within the Leased premises.
CARE OF PROPERTY: Tenant is responsible for keeping the apartment, entryway, patio and grounds clean and neat at all times, and in
compliance with the Property Rules which are hereby made a part of this lease. Failure to live in. harmony with your neighbors in accordance with the
attached rules and regulations of the Property is justifiable cause for eviction.
The Tenant must get the Landlord's prior written consent to alter, improve, paint or wallpaper the apartment. Alterations, additions and
improvements become the Landlord's property.
In the event that the Tenant installs contact paper, or any other wall or ceiling decoration, as well as carpet tacking, in an apartment, Tenant
agrees to remove such items at Tenant's own cost and expense at the expiration of this lease tern or any renewal thereafter. In the event Landlord is
required to remove the items, the cost of same shall be deducted from Tenant's security deposit.
15. RENEWAL. The Landlord may offer the Tenant a new lease to take effect at the end of this Lease. The new lease may include reasonable
changes. The Tenant will be notified of any proposed new lease at least thirty (30) days before the end of the present Lease. If no changes are made,
the Tenant may continue to rent the apartment on a month to month basis (with the rest of the Lease remaining the same). In either case the Tenant
must notify the Landlord of the Tenant's decision to stay or to leave at least thirty (30) days before the end of the term, otherwise the Tenant will be
responsible under the new terms of the new lease.
16. MOVE-OUT. Tenant agrees not to vacate the dwelling or move prior to the lease termination date without pemtission of the Landlord. Tenant
also agrees to pay the cost of removal and disposal of these possessions. Tenant must give 30 days written notice on the 1st of the month, before
moving out.
Tenant agrees to vacate the dwelling at the end of the term, leaving the property clean and in good order. Tenant agrees to jointly inspect the dwelling
with a person from the management or maintenance staff, indicating then existing conditions, sign and date duplicate "check-out" form
If Tenant is absent from the premises, without notice, in excess of seven (7) days while rent is delinquent, the premises will be considered
abandoned and the owner shall be entitled to immediate possession of the dwelling unit. The Tenant will notify the owner in writing of any
anticipated absence in excess of seven (7) days, no later than the first day of the absence.
TENANT INITIALS:
17. RIGHT OF ENTRY. Landlord and persons authorized by Landlord shall have the right to enter the Leased Premises at all reasonable times to
inspect, perform maintenance, do repairs and show the premises to prospective tenant and purrhasers.
18 LITILITIES: Charges for utilities and services supplied to the Leased Premises shall be paid as follows:
The landlord will pay for_ t}m following.
(x) Cold Water ( ) Hot Water ( ) Electricity () Heat () Air Conditioning () Gas
(x) Sewage (x) Rubbish Removal
The Tenant will pay for the following
( ) Cold Water (x) Hot Water (x) Electricity (x) Heat (x) Air Conditioning (I Gas
( ) Sewage () Rubbish Removal
Landlord shall have the right to temporarily suspend any utility or other services to the Leased Premises in order to do maintenance and
repair or protect the property of Landlord or Tenant from risk of harm or loss.
19. REMEDIES. If Tenant fails to pay rent or any other charges when due, or if Tenant violates any other terms, conditions, rules or regulations in
this Residential Lease, Landlord may take action against Tenant. In such a case, Landlord does not have to give any notice of [emanation or notice to
quit to Tenant before taking any actions. In such a case Landlord may take any or all of the fol owing actions:
a) Terminate this Residential Lease without prior notice.
b) Sue Tenant in court, to recover possession of the Leased Premises without giving Tenant prior Notice to Quit the Leased Premises.
c) Sue Tenant to recover the whole balance of the rent and charges owed for the remaining lease term
d) Sue Tenant for all damages, including reasonable attorney's fees, resulting from Tenant's violation of any term, conditions, rules or
regulations in this Residential Lease.
Landlord may seek one or more than one remedy contained in this Residential Lease. Landlord's taking of any action against Tenant shall
not prevent Landlord from taking other and additional actions against Tenant.
Landlord's failure to enforce any term, condition, rule or regulation shall not prevent Landlord from enforcing the term, condition, rule and
regulation at a later time.
20. NOTICE OF TERMINATION. At the end of the original term of this lease, if tenant does not intend to renew, tenant must give Landlord thirty
(30) days written notice on the first of the month. We DO NOT pro-rate move outs.
21. ATTORNEYS FEES AND COSTS. If Landlord shall enforce the provisions of this Residential Lease in any court against Tenant, Landlord shall
be entitled as part of any courtjudgment to be reimbursed for all costs and expenses of enforcement including reasonable attorney's fees.
22. GOVERNMENTAL POWER OF EMINENT DOMAIN. Eminent Domain is the right of a government to take a private property for public use.
Fair compensation must be paid, If all or any part of the Leased Premises ( or the building within which the Leased Premises is located) is taken by
eminent domain, the lease shall terminate as to that part taken. Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or
any portion of the Leased Premises ( or the building within which the Leased Premises is located) or because this Residential Lease has been
terminated.
23. NOTICES. All notices provided by this Lease must be written and delivered personally or by certified mail, return receipt requested. Notices to
the Landlord may be sent to the Landlord's agent.
24. BINDING EFFECT. This Residential Lease legally binds the Tenant, Landlord and their heirs, executors, personal representatives, successors
and assigns. Tenant shall not have the right to assign this Residential Lease or sublet the Leased Premises without the prior written consent of
Landlord.
TENANT INITIALS:
=+kf`?-
26. ADDITIONAL TERMS CONDITIONS, RIDERS AND AMENDMENTS This Lease includes all those terms,
amendments indicated below. The conditions, riders and
terms and conditions included in the attached Riders and Amendments are part of this Residential Lease.
(X) Rules and Regulations
(X) Pet Lease Addendum
(X) Rent Collection Policies & Procedures
(X) Lease Addendum
(X) Lease Renewal Addendum
(X) Move-Out Addendum
TENANT SHOULD NOT SIGN THIS RESIDENTIAL LEASE UNTIL
INCLUDED IN THE "IMPORTANT NOTICE" THE TENANT HAS READ AND UNDERSTANDS THE INFORMATION
ATTACHED TO THIS RESIDENTIAL LEASE.
This Residential Lease dated this 27"a day of JULY, 2003
ndlord signature
Maxine Lebo / Jill Wawrzonek
ATenan Tenant Stgnature _
Tenant Signature Tenant Signature
IMPORTANT NOTI
THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND DUTIES AS A TENANT. SPECIFIC
QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY. DO NOT SIGN THIS
RESIDENTIAL LEASE UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION ON THIS PAGE.
As Tenant, you violate the terms and conditions of this Residential Lease if you:
1) Fail to make timely payment of rent or other charges to the Landlord. Or,
2) Vacate the Leased Premises without the landlord's consent prior to the end of the lease term Or,
3) Fail to vacate the Leased Premises at the end of the lease term Or,
4) Fail to perform any of the obligations included in the lease, rules and regulations, the riders or amendments. Or,
5) Violate any rules or regulations which are made a part of the Residential Lease.
Paragraph 20 includes a waiver of "Notice to Quit". When "Notice to Quit" is waived, if you violate the Reside tial Lease, the Landlord
has the immediate right to file a complaint in Court seeking an order evicting n
you from the Leased Premises. The Landlord DOES NOT have the
right to bring and action in Courts seeking your eviction unless you have violated your obligations as a Tenant. Even though you are waiving "Notice
to Quit", you will still have an opportunity in Court to contest the validity of the landlord's claim for eviction.
If you violate the terms and conditions of the Residential Lease, the Landlord has the right to seek the following remedies against you in
court:
1) A judgment for overdue rent, late charges and monetary damages caused by your violation of the lease terms and conditions.
2) An order for recovery of Possession through an eviction action.
3) Ajudgment for unpaid rent for the balance of the lease term or until another person takes possession of the Leased Premises as a new Tenant
IF THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANT ARE JOINTLY AND SEVERALLY
LIABLE FOR THE PERFORMANCE OF ALL TENANTS OBLIGATIONS. THIS MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE
ANY ONE TENANT OR ALL OF THE TENANTS FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE
FULL AMOUNT OF THE RENT.
ACKNOWLEDGMENT: "i, the undersigned tenant(s), have read and understand the above disclosure,
Date Signatu e
Date Signature
Date Signature
Date Signature
6
RULES AND REGULATIONS ADDENDUM °A"
Landlord: Bunker Associates/Unisem Inc. /Fairmount Park Apartments
TENANTS: HOPE ALWINE
LEASED PREMISES: 1201 YVERDON DRIVE APT. A-8 - Camp Hill, PA 17011
The rules and regulations indicated, "(x)" below are part of the Residential Lease between Landlord and Tenant. A violation of any of the rules and
regulations is a violation of the Lease and the party not in violation shall be entitled to exercise any remedies provided in the Lease.
(x) No alternate heating sources such as kerosene heaters and space heaters shall be permitted to be operated within the Leased Premises without the
prior consent in writing of Landlord.
(x) Tenant shall not place or permit to be placed or stored-items on any, ledges or balconies. Tenant shall not hang laundry or other items from the
balconies, windows and common areas.
(x) No window treatments, awnings, draperies or umbrellas shall be installed in the Leased Premises without the prior consent in writing of Landlord.
____(x) Tenant shall observe "quiet hours" between the hours of 10:00pm and 8:00am daily. NOTE: Excessive noise will not be permitted regardless of
what time it is occurring.
(x) No waterbed shall be permitted within the Leased Premises without proof of insurance.
(x) Tenant shall not install wallpaper, paint or alter in any way the features of the Leased Premises without the prior consent in writing of Landlord.
(x) Tenant shall be responsible for testing 2 (two) fire warning devices such as smoke detectors and fire alarms within the Leased Premises. Tenant
shall notify the Landlord if any fire warning or fire abatement device is not functional. Tenant shall not disable, or permit to be disabled, any fire
warning device or discharge any fire extinguisher.
(x) Tenant shall not go upon the roof of the building within which the Leased Premises is located and shall not enter any are clearly designated as
being closed to tenants and others.
(x) No radio or television reception devices such as antennas and satellite dishes shall be installed upon the Leased Premises or in the common area
around the Leased Premises.
(x) Tenant shall not permit the premises to be unoccupied for longer than five (5) consecutive days without notifying the Landlord ( or Landlord's
designated agent).
(x) Tenant shall maintain the heat within the Leased Premises at a temperature not less than 50 degrees during the winter period from November to
April
(x) No alcoholic beverages shall be consumed in the common areas of the building and grounds within which the Leased Premises is located.
(x) Tenant shall provide appropriate nonflammable containers for trash and rubbish and shall keep the Leased Premises and the common areas free
from litter and rubbish. Tenant shall deposit all trash and rubbish from the Leased Premises into the designated common waste disposal containers.
(x) Tenant shall become familiar with and observe all posted security regulations and all posted fire escape or evacuation routes and all fire exits.
Questions concerning security and fire procedures should be directed to Landlord (or Landlord's designated representative) without delay.
(x) That any space which may be provided by the Landlord to accommodate the Tenants in the airing and drying of clothing is furnished gratuitously
by the Landlord. The Tenants using the same for any purpose do so at their own risk with the express stipulation and agreement that the Landlord
shall not be liable for any loss of property thereon or for any damage or injury whatever.
(x) If store rooms are provided by the landlord to accommodate Tenants in the storage of articles, it is with the express understanding that the room is
furnished gratuitously by the Landlord and the Tenants using the same do so at their own risk.
(x) No Trailers, commercial boats or recreational vehicles may be parked on the property, All cars must be in working condition and must have
current tags and inspections. Any violations will be immediately subject to towing at the owners expense.
TENANT INITIALS
RULES AND REGULATIONS ADDENDUM "B"
Apartment living requires compatible cooperation and concern for neighbors. In order to more easily assure harmony amend residents,
safety, order, and enriched living, each resident agrees, as part of The Lease, to the following:
L Request assistance from the management/maintenance team for instruction and help regarding the operation and care of each appliance or strand
physical part of the apartment including doors, windows, lights, plumbing, floors and walls. We want you to have maximum use of these items and
this is only possible if you understand how they operate and how to keep them properly. Our team will be happy to help you.
2. Provide your own light bulbs of the proper size-ask at the office for proper sizes.
3. Conserve energy and assure safety by not installing additional appliances or equipment other than normal home items.
4. Under no circumstances are any supplementary heating devices permitted in any apartment. Supplementary heating devices include kerosene
heaters, wood stoves, space heaters, gas heater, electric heaters, camp heaters, etc.. The heating; devices and their fuel constitute a fire hazard. Any
use of such devise will be in direct violation of The Lease.
5. Storage of any flammable substances in or around any apartment is prohibited.
6. Only standard picture hangers may be used for hanging pictures, mirrors, etc. No adhesive hangers may be used. (A "finishing nail" is also
acceptable.)
7. Washing of cars on the premises or use of water from the premises for the purpose of washing cars is prohibited.
8. Tenant shall deliver to Landlord or Landlord's agent, all keys for all locks in tenant's apartment. No additional safety/security locks are to be
installed without written permission of management.
9. The public halls and stairways-if applicable-shall not be obstructed or used for any purpose other than access to and from apartments.
_ 10. Recognize the rights of others to the quit enjoyment of living on this property. No tenant shall make or permit any disturbing noises in the
building by himself, his family, friends or guests; or do or permit anything by such persons that. will interfere with the rights, comforts, or
convenience of other tenants or occupants. No tenant shall play or permit to be played any musical instrument or radio in the demised premises
between the hours of 10:00pm to 8:00am if the same shall disturb or annoy other occupants of the building.
11. Tenants are expressly forbidden to throw anything from the balcony, windows, or doors.
12. No garbage or refuse of any type is to be placed AT ANY TIME, FOR ANY REASON anywhere except for the dumpsites we provide for that
same purpose.
13. When a tenant vacates, all baggage and furniture must be taken in or out of the home as the management directs.
14. Tenant shall keep the premises in a good state of preservation and cleanliness.
15. Tenants shall not obstruct fire escapes or place flower pots or any other articles on the window sills or door caps of the building, nor shall they
waste or unreasonably use water.
16. No trash can, garbage can, clothing or any other type of article shall be placed or hung out on the front patio, rear patio, windows, balcony or any
such place.
17. The toilets, sinks and the water apparatus shall not be used for any purpose other than those for which they were constructed, nor shall any
sweepings, rubbish nor any the improper articles be thrown into the same: and any damage resulting from the misuse thereof shall be home by the
tenant by whom or upon whose premises it shall been caused.
18. Tenant's children shall not play in the public halls, stairways, laundry rooms, parking areas or in front of another tenant's dwelling. Tenants all
be responsible for any damage directly caused by their children and shall pay to the landlord the costs and expenses of repairing any damage caused
by their children.
19. Each tenant must, upon termination of their lease, return all keys of the apartment and appurtenances or pay for the same and all applicable costs.
20. Tenant shall not install or maintain or permit to install or maintain any washing machine, clothes dryer, air conditioner, garbage disposal unit or
dishwasher, or erect any television or radio antenna on the roof, or anywhere on the exterior of the building or install or maintain any electrical or gas
appliance other than items known in the trade as "small appliances", without the express written consent of the Landlord. In the event Landlord shall
install a mater antenna for radio or television, tenant shall use the same only. No CB equipment shall be installed on the roof or attached to any part
of Landlord's premises. Landlord shall have the right to remove such equipment without the consent of or notice to the tenant.
21. Tenant agrees to keep on deposit at all times with Landlord as security, a sum of money equal to $ N/A.
22. All security, rent, late fees, attorney's fees, court costs, constable fees, pet fees and any other money due to Landlord must be made by check,
money order, cashier's check, certified check or debit card. NO CASH.
23. Tenant shall not withhold rent or make any deductions by reason of any loss of or damage to the property of the tenant. All claims by tenant shall
be handled according to normal insurance claims procedures. Tenant shall not withhold rent or make any deduction for Landlord's inability to
remove and plow snow from sidewalks and parking areas. Landlord shall be afforded a reasonable time under the circumstances to remove snow
from sidewalks and parking areas.
24. During and at the expiration of the term herein or any extension hereof, Landlord may, if Landlord elects, have recourse to the security deposit
described in paragraph four (4) of this lease and further described herein, to make good any default by tenant. The same includes, but is not limited
to: the payment of rent in arrears, late charges, court costs, attorney's fees, pet fees, and constable fees. \1 ?Jma
TENANT INITIAL:
Move Out Addendum
Move Out Policies and Procedures
In order to move out of your apartment, all of the following
must be done.
1. Written notice must be given to the Leasing Office on
or before the last day of the preceding month.
Example: To Move out March 31', you must give
notice on or before March 1". No exceptions.
2. Company Policy only allows for move outs on the last
day of the month. We DO NOT pro-rate move outs
for any reason.
3. If you are breaking your lease, for any reason (other
than military deployment) you will be responsible for the
duration of the lease, or until the apartment is re-rented.
Which ever comes first. All apartments that are on
notice, or have leases expiring will be rented first.
4. If you have a Security Deposit, it can not be used as
rent for any reason. If you are breaking your lease, you
automatically loose your Security Deposit.
1
5. All keys must be turned into the Leasing Office by 5:00
pm on your move out day, with your forwarding
address. There is a drop slot in the door if the office is
closed.
6. These rules and regulations are strictly enforced and
allow for no exceptions!
I/We have read and understand the move out policies and
procedures for Fairmount Park Apartments.
Resident Signature Date
Resident Signature Date
Resident Signature
Date
O
Management Signature Date
Maxine Lebo/Jill Wawrzonek
2
RENT COLLECTION & POLICIES PROCEDURES
Late Rent
All rent is due on the First(lst) day of each month. There is a "grace period" until the Fifth(5th)
day of the month without a late fee. Rent is considered late on the Sixth(6th) day of the month.
Your account will be charged a 10% late charge. If you fail to pay your rent by the Tenth(lOth)
day, a Landlord/Tenant action will be filed against you with the District Magistrate's Office, and
a hearing will be scheduled. Consequently, filing fees will be charged to your account.
Returned Checks
Any check returned by the resident's bank will be considered late rent and subject to the 10% late
fee PLUS a reprocessing fee of $30.00. Payment for the retumd checks must be in the form of a
certified check, money order, or cashiers check.
In the event you have a second returned on your account, for ANY reason, a $35.00 fee shall
assessed and the resident must pay the rent in the form of a certified check, money order, or
cashiers check for ALL future rent payments. If a check that has been returned is not paid within
the(10) days criminal charges will be filled.
Nonrenewal of Lease
During your lease term, If you are found to have a history of late payments, you will be notified
thirty(30) days before the end of lease that it will not be renewed.
As always, if you have any questions regarding our rent collection & policies procedures, we will
be happy to discuss them.
We sincerely appreciate your timely rent payments!
00/7 -
Si a e Da
Signature Date
Signature Date
Signature Date
Property Manager - Date
Maxine Lebo/Jill Wawrzonek
`l
P"klApartmzotY
Lease Renewal Addendum
The offer to renew is specifically conditioned upon satisfaction of all Monies
owed for rent, late fees, attorney fees, court costs and any other items consistent
with your original lease. If the landlord claims money is owed on your rent, this addendum
does not constitute a waiver of Monies owed. Any balances owed at the time of
renewal including Monies owed pursuant rent and must be paid in accordance
with the terms and conditions of the underlying lease.
Resident ignature `
Resident Signature
Resident Signature
Resident Signature
roperty Manag
Maxine Lebo/Jill Wawrzonek
P44 0-3
Date
Date
Date
Date
12
Date
Pet Lease Addendum
Resident: Hope Alwine Tenant #: 332-152
Address: 1201 Yverdon Drive Apt. A-8, Camp Hill, PA 17011
Type of Pet: Dog Breed: Mut
Color/M??}jkin s: _ Weight: _ - O
Name: ?'I ? td P ", 4 •P.?
VWe hereby agree to comply with the following pet rules ,& regulations listed below. We
understand that any violation of these rules & regulations will result in immediate cancellation of
the pet lease addendum and evictions of the above listed pet. NO EXCEPTIONS!
A monthly fee in the amount of $ N/A will be paid for the right to house a pet.
1. Cats must be declawed, spayed or neutered.
2. Certain breeds, such as Rottweilers, Pit Bulls, or Chows will NOT be permitted, even if a
mixed breed.
3.We will require current veterinarian records stating the breed, and that all shots are up to date,
and registration is current.
4. There will be a maximum of Two(2) pets per apartment. If there is a change in pets, or pet
status, it is the responsibility of the resident to report it to the office IN WRITING of the
change.
5. All pets when defecating in any area on the community will be the responsibility of the
resident(s) signing this addendum. CLEAN UP AYrER YOUR PET IMMEDIATELY!!!!!!!
Failure to do so will result in charges being billed to your account for the clean-up.
6. Any action which results in annoyance, hazard or damage to any resident, visitor, or employee
of the property will not be tolerated!
7. 1/We hereby agree to comply with all state, regional, and local laws concerning housing,
control and licensing of pet(s).
8. I/We hereby agree that a one-time $200.00 pet fee for cats, and $250.00 for dogs, is payable at
the time the pet is moved into the apartment. The said fee is Non-Refundable under any
circumstance.
9. A photo of the pet is to be attached to this addendum when submitted.
10. Any resident maintaining a pet is subject to all the above rules, regulations, monthly fees, and
one-time non refundable pet fees.
11. Must be on a leash at all times and may NOT be out side without Resident.
12.1/ We have received a copy of a Community Map, which shows me the designated Pet Walk
Areas.
"iyu
Resi Si nature Resident Signature
or t
Resident Signature rop1? erty Manager/Assistant Manager
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J:7
FAIRMOUNT PARK APARTMENTS,
Plaintiff
v.
HOPE ALWINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1435 Civil Term
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certify that on May 3, 2004, I served a
copy of the within Complaint, by depositing same in the United. States Mail, first class, postage
prepaid, and by Certified Mail No. 7000 1670 0005 2761 6950, addressed as follows:
Hope Alwine
1201 A8 Yverdon Dr.
Camp Hill, PA 17011
Richard S. Friedman, Esquire
600 N. Second Street
Penthouse Suite
P. O. Box 984
Harrisburg„ PA 17108
(717) 236-8000
p
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n
rrn
V
m
'A ?
_ -ern
cn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
FAIRMOUNT PARK APTS.,
Plaintiff,
2004-Civil Term 1435
V.
HOPE M. ALWINE,
Defendant,
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Fairmount Park Apartments
c/o Richard S. Friedman, Esquire
Friedman & King, P.C.
600 N. Second Street
Penthouse Suite
P.O. Box 984
Harrisburg, PA 17108
You are hereby notified to file a written response to the
enclosed Answer, New Matter and Counterclaim within twenty (20)
days from service hereof or a judgment may be entered against you.
Hope M. A.lwine, pro se
Defendant,/ Counterclaim Plaintiff
1201 Yverdon Drive, Box 4
Camp Hill,, PA 17011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
FAIRMOUNT PARK APTS., 2004-Civil Term 1435
Plaintiff,
v CIVIL ACTION - LAW
HOPE M. ALWINE,
Defendant,
ANSWER, NEW MATTER AND COUNTERCLAIM
AND NOW comes the Defendant, Hope M. Alvin, pro se and files this
responsive pleading whereof the following is a statement of claims:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. It is admitted that there are "quiet
hours" of the Rules and Regulations Addendum "A" and paragraph 10 of
Addendum "B" of the Rules and Regulations. The allegation is a mixed
conclusion of law to which no response is required. In the event that a response
is required, and not in derogation of the foregoing, it is denied that Defendant is
in violation of other provisions of the Rules and Regulations. It is denied that
Defendant is in violation of "quiet hours' of the Rules and Regulations
Addendum "A" and paragraph 10 of Addendum "B" of the Rules and
Regulations. After reasonable investigation Defendant: is without knowledge or
information to form a belief as to the averment. Plaintiff has violated the
pleading rules Pa.R.C.P. 1019(a) and no material facts of alleged violation have
been pled.
6. Denied. There were no "several notices given by the Plaintiff to the
Defendant". On the contrary, Plaintiff served a Notice to Quit upon Defendant
dated on or about March 16, 2004; a true and correct copy of which is marked for
identification as Exhibit "A" attached hereto incorporated by reference. It is
denied that this Notice to Quit was ignored. On the contrary, Defendant served
by mail a written response dated on or about March 19, 2004; a true and correct
of which is marked for identification as exhibit "B" attached hereto incorporated
by reference. Moreover, Defendant never ignored any notices given by Plaintiff.
7. Admitted.
8. Admitted.
9. Admitted.
WHEREFORE, Defendant respectfully requests Plaintiff's Complaint be
dismissed or judgment be entered in favor of Defendant and against Plaintiff.
NEW MATTER
10. The allegations of paragraphs 1 through 9 of the Answer are
incorporated by reference.
11. Plaintiffs complaint is barred by the Landlord Tenant Law of 1951, 68
P.S. Section 250.501(a).
12. Plaintiff's complaint is barred by not meeting the condition precedent
of strictly complying with service of a legally effective Notice to Quit.
13. Plaintiff's complaint is barred by retaliatory eviction for Defendant
insisting upon her tenants' rights and quiet enjoyment: from the Landlord.
14. Plaintiff's complaint is barred by unclean hands for failing to give
written notice of violation per paragraph 23 of the lease.
WHEREFORE, Defendant respectfully requests Plaintiff's Complaint be
dismissed or judgment be entered in favor of Defendant and against Plaintiff.
COUNTERCLAIM
15. The allegations of paragraphs 1 through 14 of the Answer and New
Matter are incorporated by reference.
16. Plaintiff has breached the covenant of quiet enjoyment by attempting
to retaliatorily evict Defendant.
17. Defendant has suffered damages in the amount of $670 per month
since March, 2004.
WHEREFORE, Counterclaim Plaintiff respectfully requests that judgment
be entered in her favor and against Counterclaim Defendant in the amount of
$2,010, and a continuing monthly amount of $670, interest, costs, expenses, and
attorney fees, and such other relief as the Court deems just.
Respectfully submitted,
?T V V ? Al-M4 Z7
Hope M. Alwine, pro se
Defendant/Counterclaim Plaintiff
1201 Yverdon Drive, Box 4
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
FAIRMOUNT PARK APTS., 2004-Civil Term 1435
Plaintiff,
V. CIVIL ACTION - LAW
HOPE M. ALWINE,
Defendant,
VERIFICATION
I verify that the statements made in this Answer, New Matter and
Counterclaim are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn
falsification to authorities.
51131 p ',?MA A Q 'A4n 0
Date Hope M. Alwine
Defendant/ Counterclaim Plaintiff
11"'aarmawulln f ).! "ark
ApartCnne In tt, s
NOTICE TO QUIT
To: Hope Alwine
This is a written notice to inform you, the Tenant, of
apartment 1201 A8 Yverdon Drive Camp Hill., Pa. 1. 7011, that you
must remove your belongings from the leased property, apartment
by April 30, 2004. This notice was sent via US mail certified, and
regular mail on March 16, 2004, You must remove yourself by
April 30, 2004.
Please not.that your Lease Agreement signed by you, states that the
apartment must be left in clean and good order. Your apartment will
be inspected by Management & Maintenance on Friday April 30,
2004 at 4:00 PM. We suggest that you be present for this
inspection.
Failure on your part to vacate the apartment by the date identified
herein, will result in legal actions being taken by the Landlord as
allowed in the Rental Agreement and by way of law.
Sincerely,
Management
Cc: Resident File
Scott Ruth
EXHIBIT A
102 Rcrdon 1)1% . C-011) 11111. PA 171111 - (717) 763-7476 • Fns:. (717) 763-9745
Hope M. Alwine
1201 Yverdon Drive, Box 4
Camp Hill, PA 17011
March 19, 2004
Fairmount Park Apartments
1102 Yverdon Drive
Camp Hill, PA 17011
Re. Hoye Alwine; 1201Yverdon Drive, A8
Dear Management:
I am in receipt of your Notice to Quit mailed March 16, 2004. It is
defective for the following reasons:
"No strict compliance of service per 68 P.S. Section 250.501(f); Pakyz v.
Weiser, 15 Adams L. J.196 (1974),"
No strict compliance of the following three circumstances as grounds for
quitting per 68 P.S. Section 250.501(a)(1-3):
(1) Upon the termination of a term of the tenant;
(2) or upon forfeiture of the lease for breach of its conditions,
(3) or upon the failure of the tenant, upon demand, to satisfy any
rent reserved and due.
See also Sterns Tricket on the Law of Landlord and Tenant (Dunlap-
Hanna Publishers, revised 3rd edition, 1973), Section 277 Notice to Quit, pages
318 to 320.
Be advised if you file a Landlord/Tenant complaint I will counterclaim for
retaliatory conviction. Also be advised that you have no right of self-help.
Sincerely,
Hope Alwine
EXHIBIT B
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FAIRMOUNT PARK APARTMENTS
Plaintiff
V.
HOPE M. ALWINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1435 Civil Term
CIVIL ACTION - LAW
ANSWER TO NEW MATTER AND COUNTERCLAIM
AND NOW comes the Plaintiff, by and through its attorneys, Friedman and King, P.C.
and avers as follows:
The allegations contained in paragraphs 11 through 14 of the New Matter are
denied as a conclusion of law.
WHEREFORE, Plaintiff demands judgment in its favor.
ANSWER TO COUNTERCLAIM
2. The allegations contained in paragraph 16 of the Counterclaim are denied as a
conclusion of law to the extent an answer is required, it is denied that the eviction
of Defendant was due to violations of the terms and conditions of the lease and
rules and regulations, which is not retaliatory.
The allegations and damages in paragraph 17 of the Counterclaim are denied and
proof thereof is demanded at trial.
WHEREFORE, Plaintiff demands judgment in its favor.
Dater
Respectfully submitted,
FRIEDMAN & - P.C.
Richard S. F man, Esquire
600 N: `Second Street
Penthouse Suite
P.O. Box 984
Harrisburg, PA 17108
(717) 236-8000
FAIRMOUNT PARK APARTMENTS,
Plaintiff
V.
HOPE M. ALWINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1435 Civil Term
CIVIL ACTION - LAW
VERIFICATION
I, Sherri Hockley, hereby acknowledge that I am the agent for Plaintiff in the foregoing
action; that I have read the foregoing ANSWER TO NEW MATTER AND COUNTERCLAIM;
and the facts stated therein are true and correct to the best of my knowledge, information and
belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904, relating to unworn falsification to authorities.
Dated:
Hockley, R/gional Manager
FAIRMOUNT PARK APARTMENTS,
Plaintiff
V.
HOPE M. ALWINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1435 Civil Term
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE:
I, Richard S. Friedman, Esquire, hereby certify that I ha.ve this date served a copy of the
within ANSWER TO NEW MATTER AND COUNTERCLAIM[ on the person named below in
the manner of First Class Mail to:
Hope Alwine
1201 A8 Yverdon Drive
Camp Hill, PA 17011
Date:
Respectfully submitted,
FRIEDMAN G, P.C.
t
Rich d S. Friedman, Esquire
6007 Second Street
Penthouse Suite
P.O. Box 984
Harrisburg, PA 17108
(717):236-8000
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IN THE COURT OF COMMON P SYLV AN1A
PARK APARTMENTS, ; CUMBERLAND COUNTY, PENN
FAU; MOUNT plaintiff :• NO 04-1435 Civil Term
V. CIVIL ACTION - LXW -y ENT-S
HOPE AI WINE' Defendant D gENT? ? pp,
LEASE ESCROW Friedman and
PETITION TORE it" legal counsel,
AN through
D NOW, comes the plaintiff, by and
and petitions this Honorable Court w follows:
K ion was filed onMaY'4 2004.
ing P.C., tinned act D.J. 1008(B),
1. The above-cap Pursuant to' a. R. C . P .
mmon Pleas in
s in the Court of Co
2. The Defendant in this matter has, the proceeding
coming due during
deposited rental payments County prothonotary-
the landlord, for the release
application by .
the Cumberland upon
an escrow account held by 1008(B) allows, eal is pending
3 Pa ]Z C.pthe.D.1• 'basis while the app appeal is
remises, and the app
s from escrow account on a continuing
Plaintif s p
of appropriate sum
4 The Defendant continues to reside in the that
and through its legal counsel, hereby requests
d all monies escrowed
still pending. e plaintiff, by anan
WHEREFORE' th release any
of Cumberland C°untY to Fairmount Park ApaTtments",
this Court order the prothonotary
be made payable Plaintiff ,
as described above, said e release ease t t,o Fe dman & King to P .C. Respectfully submitted,
and delivered to its legal gING p.C.
FRIEDMAN AND A
Date:
ri an Esquire
Richard S
600 N. econd Street
Penth se Suite
P O. Box 994 17108
Harrisburg,
(717)'236-9000
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FAIRMOUNT PARK APARTMENTS,
Plaintiff
V.
HOPE ALWINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1435 Civil Term
CIVIL ACTION - LAW
PRAECIPE TO TERMINATE SUPERSEDERS
Kindly terminate the Supersedeas filed in the above-captioned matter for failure of
Defendant to make payment, pursuant to Pa. R.C.P.D.J. Rule 1008(B), and so mark the record.
Please send notice to the Defendant in the enclosed envelope, and please send the additional
copies in the enclosed envelope to this office.
Respectfully submitted,
FRIEDMAN & KING, P.C.
Date: Richard S -Vriean, Esquire
600 N. econd Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 2:36-8000
Pursuant to Pa. R.C.P.D.J. Rule 1008(B), the Supersedeas filed in the above-captioned
matter is terminated.
Prothonotary
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SEP 0 1 2004 c/
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FAIRMOUNT PARK APARTMENTS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. ; NO. 04-1435 Civil Term
HOPE ALWINE, : CIVIL ACTION - LAW
Defendant
ORDER
AND NOW this _ 3'0 day of -?II pe.,4 - , 2004, it is hereby
ordered that the Prothonotary of Cumberland County shall release any and all monies escrowed
as described in Petition, said release to be made payable to the Plaintiff, "Fairmount Park
Apartments", and delivered to its legal counsel, Friedman & King, P.C.
BY THE COURT:
J.
C)A
FAIRMOUNT PARK APARTMENTS,
Plaintiff
V.
HOPE ALWINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1435 Civil Term
CIVIL ACTION - LAW
PETITION TO RELEASE ESCROWED RENTAL PAYMENTS
AND NOW, comes the Plaintiff, by and through its legal counsel, Friedman and
King, P.C., and petitions this Honorable Court as follows:
1. The above-captioned action was filed on May 4, 2004.
2. The Defendant in this matter has, pursuant to Pa. R.C.P.D.J. 1008(B),
deposited rental payments coming due during the proceedings in the Court of Common Pleas in
an escrow account held by the Cumberland County Prothonotary.
3. Pa. R.C.P.D.J. 1008(B) allows, upon application by the landlord, for the release
of appropriate sums from the escrow account on a continuing basis while the appeal is pending.
4. The Defendant continues to reside in the Plaintiff s premises, and the appeal is
still pending.
WHEREFORE, the Plaintiff, by and through its legal counsel, hereby requests that
this Court order the Prothonotary of Cumberland County to release any and all monies escrowed
as described above, said release to be made payable to Plaintiff, "Fairmount Park Apartments",
and delivered to its legal counsel, Friedman & King P.C.
Respectfully submitted,
FRIEDMAN AND KING, P.C.
Date:oja2ld7 eiW
Richard S nan, Esquire
600 N. econd Street
Penth se Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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12054709132004 Cumberland County Prothonotary's Office Page 1
9/13/2004
PYS405 Manual Release Check Register
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
3868 FAIRMOUNT PARK APARTMENTS Check Date: 09/13/2004 -----------
Check No.: 1471
RENT 2004- 01435 PYMT/CASH 88.50 4/05/2004
RENT 2004- 01435 PYMT/CHECK 670.00 4/28/2004
RENT 2004- 01435 PYMT/CHECK 670.00 6/01/2004
RENT 2004- 01435 PYMT/CHECK 670.00 7/01/2004
-------------- Payee total:
-------------------------------- 2098.50
----------------
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Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
644- 14/2.5 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573