HomeMy WebLinkAbout04-1593COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
04-1593 CIVIL TERM
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 mentioned below.
NAME OF APPELLANT- MAG. DIST. NO. OR NAME OF D.J,
I In, A +A01?j O4- 1 -O I
ADDRESS OF APPELLANT CITY STATE ZIP CODE
P? 6vf yvlel r/CuNlbv P4 I I??a
DATE OF JUDGM NT IN THE CASE OF (PLAINTIFF) (DEFENDANT)
7 1?1 f (fie,It ptnn'l J. vs jvJ(' -r,.
CLAIM NO. SIGNATURE OF APPEL?TTOR HIS ATTORNEY OR AGENT Y
CV YEAR QOOOOIti - OLI
LT YEAR
This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P.
R.C.P.J.P. No. 10088. No. 1001(6)) in action before district Justice, he
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20)
days alter filing his NOTICE of APPEAL.
Sgnature of Prothonotary or Deputy
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.J.P. 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 Pt n 1 J. 0,-, gkj _ appellee(s), to file a complaint in this appeal
Name of appeflee(s)
(Common Pleas No. 04-1593 C T ) within twenty (20) days after service of rule or suffer end of jud ment of non pros.
RULE: To Prflni J, Oeuct.4 , ,appellee(s)
Name of appellees)
Signature of appellant or his attorney or agent
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days
after the date of service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: April 14, Year_ 2004 L
White - Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink - Appellee Copy
Gold - D. J. Copy
Proth. - 76
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 the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , year ? by personal service ? by (certified) (registered) rrf*lsender's
receipt attached hereto, and upon the appellee, (name , on
year, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on , year ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF . YEAR
Signature of AOlant
Signature of official before whom affidavit was made
Title of official
My commission expires on , year
i?
f- Z MONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.'.
09-1-01
DJ Name: Hon.
CHARLES A. CLEMENT, JR.
Address: 400 BRIDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FDE HART, PENNI J
6501 CRONE ROAD
DOVER, PA 17315
L;
NEW CUMBERLAND,. PA DEFENDANT:
'"Telephone f717 t 774 5989` '.i` 17070 f-HOGG, TIMOTHY
P.O. BOX 624
NEW CUMBERLAND,
TIMOTHY HOGG
P.O. BOX 624
NEW CUMBERLAND, PA 17070
THIS IS TO NOTIFY YOU THAT_ :
Judgment:
?X Judgment was entered for:
L
,J
VS.
NAME and ADDRESS
-l
PA 17070
J
DocketNo.: CV-0000072-04
Date Filed: 2/12/04
FOR PT,ATNTIFF
(Name) IDE HART, P7MMT T
7 Judgment was entered against: (Name) ROC,G, TJmc)TTiv
in the amount of $ Fpp _ 50 on: (Date of Judgment) -A/3l /n4
? Defendants are jointly and severally liable.
7 Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
-1 F Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment $ 500.00
Judgment Costs $ 58.00
Interest on Judgment $ 42.50
Attorney Fees $ .00
Total $ 600.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE -
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR 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.
k?J;ta?
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEEZTED IN TVt? JITDGIENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMEW BTOR.P.AYSJN. FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
: Y .
MAR 3 1 2004 Date District Justice
I certify that this is a true and correct copy of the record of the proceedings cont i q the judgment.
Date District Justice
My commission expires first Monday of January, 2008 . SEAL
AOPC 315-03 DATE PRINTED: 3/31/04 10:38:16 AM
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN It 0) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C-`n54r tar l )l ; ss
AFFIDAVIT: I hereby swear or affirm that I served
i5f a copy of the Notice of Appe I, Common Pleas No. 0?I -' 5 q s upon the District Justice designated therein on
V? (date of service) , o t-t , year S091 , Eby personal service E] by (certified) (registered) mail, sender's
on
receipt a lathed hereto, and upon the appellee, (name' 'n ' c) c. NL.r -
t , year '!-O-"i1 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto.
i
and further that I served the Rule to File a Comp aint accompanying the above Notice of Appeal upon the appellees) to
whom the Rule was addressed on ?i'-I ,year 'L' "" '4 , ? by personal service Q by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME .....
141 ,n
THIS DAY OFt YEAR G??`>: --E. -
Signature ofAlflant
Signature of of?71 before wham allida it was made
Title of official r N
My commission expires on yearn. .
NOTARIAL SEAL
JODY S. SMITH, NOTARY PUBLIC
Carlisle Boro, Cumberland County
My Commission Expires April 4, 2005
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 04-1593 CIVIL TERM
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 mentioned below.
.......??. ^rr?? n?
A (AMAG. DIST. NO. OR NAME OF D.J.
o?f ? 1STI
ADDRESS OF APPELLANT
?,y ^ &-l.L1lI CITY
VM " STATE ZIP CODE
V 'S N? c?Ms? i?.,? 4
DATE OF JUDGM NT INTHECASE OF( PLAINTIFF) 0-)o
(DEFENDANT)
CLAIM NO. r^? L'kL
CV YEAR Q OO OO-J? 0 f?, SIGNATURE OF APPELLANT OR HI ATTORNEY OR AGENT
LT YEAR /-? -
This block will be signed ONLY when this notation is required under PA.
R.C.P.J.P. No. 10088.
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
If appellant was Claimant (see PA R.C.P.J.P.
No. 1001(6)) in action before district Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAMPE: To Prothonotary
Enter rule upon &A J ?1
i '_ appellee(s), to file a complaint in this appeal
Name orappellee(s)
(Common Pleas No. 04-1593 C T -)within twenty (20) days after service of rule or suffer ent? of judgment of non pros.
Signature of app4/lant or his attxr,W or agent
RULE: To. ?r tin t J, 0 c uC r appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days
after the date of service of this rule upon you by personal service or by certified or registered mail.
(2) It you do not.Jilee complaint within this time, a JUDGMENT OF NUJPROS W ILL BE ENTERED AGAINST YOU
UPON (3) The-d2iee Of service of this WU.*!f service was by mail is the date of the mailing.
(t
Date: A ? 14. Year, Signatu of othonota?ry7or u
o Si 1?
White - Prothon -- - /
Green - Court File .Cbpypy
Yellow - AppelantsCgpy'.._r f r
Pink - Appellee Copy
;?.
Gold - D. J. Copy .
Proth. - 76
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PENNI J. DeHART : No. 04-1593 Civil Term
Plaintiff
VS. : CIVIL ACTION
TIMOTHY HOGG AND JANA HOGG
Defendant : ACTION IN CONTRACT
NOTICE'.
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOREGOING PAGES, YOU MUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE, PERSONALLY
OR BY AN 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 TO YOU OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. SI LISTED DESEA
DEFENDERSE DE LAS QUEJAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA
EN QUE RECIBIO LA DEMANDA Y EL AVISO. USTED DEBE PRESENTAR
COMPARECENCIA ESCRITA EN PERSONA O POR ABOGADO Y PRESENTAR EN
LA CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS
DEMANDAS EN SU CONTRA.
SE LE AVISA QUE SI NO SE DEFIENDE, EL CASO PUEDE
PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS
AVISO O NOTIFICACION POR CUALQUIER DINERO RECLAMADO EN LA
DEMANDA O POR CUALLQUIER OTRA QUEJA O COMPENSACION
RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O
PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO ATIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUDE
OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
IN THE COURT OF COMMON PLEAS; OF CUMBERLAND COUNTY,
PENNSYLVANIA
PENNI J. DeHART : No. 04-1593 Civil Term
Plaintiff
VS.
CIVIL ACTION
TIMOTHY HOGG AND JANA HOGG
Defendants : ACTION IN CONTRACT
COMPLAINT
Plaintiff, by and through her counsel, Joseph C. Korsak, Esquire, files the following
complaint, and, in support thereof, asserts as follows:
Plaintiff is an adult individual who resides all 26 N. Main Street, Dover, Pennsylvania
17315
2. The Defendants are Timothy Hogg and Jana. Hogg, husband and wife, adult
individuals who reside at PO Box 624, New Cumberland, Pennsylvania 17070.
Timothy Hogg acts as agent for Jana Hogg in the rental of their jointly held
properties.
3. Plaintiff attempted to lease from Defendants the premises known as Apt. 7, 109 East
Main Street, New Cumberland, Pennsylvania, for the term beginning November 1,
2002, which property is believed to be jointly owned by Timothy and Jana Hogg.
4. On October 28, 2002, Plaintiff inspected the apartment and determined that it was
uninhabitable.
5. Defendant Timothy Hogg was present and was so informed.
6. On October 28, 2002, Defendant Timothy Hogg promised that the following measures
would occur prior to the planned move in date of November 1, 2002 :
a. The filth in all areas would be cleaned.
b. The carpets would be thoroughly cleaned.
C. The back screen would be replaced.
d. The refrigerator handle would be replaced.
C. The toilet roll holder would be replaced.
f. The bathroom would be caulked.
g. The phone wire exposed on the stair way would be safely relocated.
h. Bathroom tile would be replaced.
i. Junk in the attic would be removed.
In reliance on Defendant's promise that the property would be made habitable,
Plaintiff signed the lease on October 28, 2002. (Exhibit A, attached)
8. Plaintiff was given keys to the apartment on October 28, 2002.
9. Plaintiff attempted to move in on November 1, 2002, but found that the premises
were still uninhabitable and that none of the promised repairs had been made.
10. Plaintiff was unable to move in to the apartment.
11. Shortly thereafter, Plaintiff requested the return of her $500.00 security deposit and
provided a forwarding address.
12. Despite demand, the Defendants have refused and continue to refuse to refund her
security deposit.
WHEREFORE, Plaintiff prays for entry of Judgment in the amount of $1,000.00, as
required by 68 P.S. § 250.512, with interest, counsel fees, and costs of suit.
Respectfully Submitted,
DATE: April 21, 2004
JUS 1'IYKORSAK, ESQUIRE
33 ueen Street
o Pennsylvania 17403
17) 854-3175
Attorney I.D. No. 22233
RENTAL AGREEMENT
THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that
Tenant has read this lease and has had the opportunity to ask
questions about the lease.
Tht T?h-nant and Landlord avgr?t* that
THIS IS A LEASE.
Timothy Hogg is the Landlord.
Penni DeHart is the Tenant.
This lease is for Apartment # 7 at 1.09 East Main Street,
Shiremanstown, PA 17011
This lease begins on November 1, 2002.
This lease ends on October 31, 2003. Tenant must Notify Landlord
in writing Sixty days before the end of th:s lease that Tenant is
moving out.
If Tenant does not notify Landlord that he/she is moving out, the
lease will automatically become a month-to-month lease. In order
to end the lease during the month-to-month periods, the Tenant must
notify Landlord in writing at least 60 days before Tenant intends
to move out. A full month's rent shall be due for any partial
month in which Tenant occupies the apartment.
The total rent for this lease is $6600(yearly)
payable in monthly installments of $550
Rent is due in advance on or before the FIRST day of each month of
this Lease. Rent is to be mailed to the following address:
Tim Hogg
PO Box 624
New Cumberland, PA 17070
Rent Checks or Money Orders are to be made out to "Tim Hogg" only
SECURITY DEPOSIT: The Tenant has deposited an amount equal to one
month's rent ($550) as a SECURITY DEPOSIT. This security deposit
is held by the Landlord and applied to any damages to the apartment
caused by Tenant, his/her family, guests or pets. The Security
deposit can also be used for any damages from breaking the lease,
Tenant's unpaid bills, or not paying part of` the rent due.
Tenant MAY NOT USE SECURITY DEPOSIT AS RENT
INCREASED RENT IF PAID AFTER THE FIRST DAY OF THE MONTH: Increased
rent begins the FIRST DAY of the month. A ten dollar rent charge
begins on the first day, and five dollars for every day after the
1
first day of the month. These charges cover increased
administrative costs and damages.
ACCEPTANCE OF PROPERTY: The Tenant has examined the apartment and
the apartment is in satisfactory condition. The apartment is
leased in AS-IS condition. Tenant agrees that no agreement is made
to redecorate, repair or improve the apartment unless specifically
written here:
SMALL REPAIRS DURING TENANCY: Tenant is responsible for small
repairs such as stuck windows, loose screws, backed up
toilets/bathtubs/sinks. Tenant is also responsible for lightbulbs
and fuses as they become necessary. Landlord shall decide what
repair is considered "small."
UNDISCLOSED REPAIR - It is the Tenant's responsibili?y to report
any condition that could be dangerous or wasteful immediately to
Landlord. In the event Tenant has not notified Landlord of a
needed repair or condition, any liability and/or financial
responsibility shall be assumed by Tenant.
CLEANLINESS: Tenant agrees to keep apartment clean, avoid a
garbage build-up and place garbage in outside; receptacles. Tenant
agrees that any pest infestation as a result of his/her apartment's
not being kept clean is breaking the lease. Any pest control
services will be charged to the Tenant.
OCCUPANCY AND USE: The apartment is for use as a residence by the
named Tenants who have signed this lease and their children.
Tenant will not use this apartment for any type of business.
Tenant will not use the apartment for disorderly or unlawful
purposes, or in any manner offensive to others. Tenant will obey
all Federal, State, County and Local laws.
APPLIANCES: Any appliances which are in the apartment are there at
the convenience of the Landlord. Landlord agrees to remove
appliances if the Tenant asks for removal. The repair and
maintenance of all appliances is the responsibility of the Tenant.
RULES: "Rider Al' contains a list of rules that the Tenant shall
follow. If Tenant Breaks any of these rules, he/she is breaking
the lease.
UTILITIES - Landlord is responsible for paying the following:
water, garbage, sewer, heat
Tenant is responsible for paying the following: Electric, cable,
telephone, gas, plus any other service acquired whether by law or
2
otherwise, not mentioned as a Landlord responsibility. If tenant in
the sole disgression of the landlord overusE!s or uses wastefully a
utility that is paid by landlord, the excess cost shall be assumed
by tenent.
Tenant EXPENSES: Landlord will not allow any deductions from the
rent or charges to any account of the Landlord for any purpose by
the Tenant.
CHANGES: No changes will be made, and no painting or redecorating
is done to the apartment without written permission from Landlord.
Tenant will not drive nails or screws into the walls or the
woodwork.
KEROSINE HEATERS: No kerosine heaters are allowed in the
apartment.
INCENSE AND CANDLES: Tenant understands that candles and incense
cause soot to build up on walls and surfaces. In the event that
landlord or landlord's employees determine that candles or incense
has been burned in the apartment, the cost of any and all painting,
cleaning, etc. shall be paid by tenant.
CHANGE OF Tenants: Only the Tenants named in this lease may use
the leased apartment. Tenant may not give the apartment to anyone
else to use. Tenant must request a new lease if different people
are in the apartment than those named on the, lease. If Tenant is
transferred during mid tenancy, Landlord will reasonably look for
a new Tenant for the apartment in order to relieve Tenant of lease
responsibility. Landlord reserves the right to charge tenant for
time spent acquiring new tenant $25.00 per hour and cost of
advertising.
PETS: Pets are not allowed in the apartment without the written
permission of the Landlord.
INSPECTION: Landlord or his employees may enter the apartment at
any time for the following reasons:
1. To inspect the apartment
2. To make necessary repairs
3. To protect the apartment from damage
4. To show the apartment to prospective Tenants or buyers
MOVING OUT: Tenant will leave the apartment. and all property of
the Landlord in good clean and operating condition, except for
ordinary wear and tear. Tenant will clean the apartment, including
any appliances, cabinets, baseboards, bathrooms, and remove all
trash from the apartment. Tenant to steam clean carpets before
3
move-out date and a receipt is to be turned in with the keys.
If cleaning and trash removal is not done by Tenant, the Landlord
will clean the apartment and remove trash at the expense of the
Tenant. A service fee of $25.00 per contractor shall be aplied to
the secuity deposit if tenant does not steam clean or properly
clean the apartment. Tenant will bring all keys to the Landlord
within 24 hours of moving from the apartment.
LIABILITY OF Landlord - Tenant agrees that Landlord shall not be
liable for property damage or personal injury occurring in or
around the apartment unless the damage or injury results directly
from the Landlord's gross negligence.
BREAKING THE LEASE: If the rent is not paid when due, and/or the
Tenant does not perform in a manner consistent with this lease,
he/she shall have broken the lease. The entire rent due for the
rest of the lease is due and payable immediately. Any court fees,
attorney's fees, collection fees, fees for paying rent after the
first of the month, plus an amount equal to two month's rent for
damages and administrative costs shall also be due.
NOTICE TO QUIT: Tenant understands that he/she is giving up the
right to any ten day, fifteen day, thirty day, or ninety day notice
to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAPERS CAN BE
IMMEDIATELY FILED IN COURT.
ITEMS LEFT IN THE APARTMENT BY Tenant: If the Tenant moves out of
the apartment and leaves belongings in the apartment, the ownership
of these belongings shall be given to Landlord. Landlord may do
whatever he wishes with these items.
PAYING LATE RENT: If Landlord allows Tenant to pay rent late or
break any rule at any time for any reason, this does not give
Tenant permission to pay late again or break the rules again.
NOTICE: This agreement is the Notice to Tenant of all rents due
and obligations of the Tenant. Tenant AGREES THAT NO ADDITIONAL
NOTICE OF RENT DUE IS NECESSARY.
STORAGE: No storage rights are given under this lease. The Tenant
agrees that neither the Landlord or his employees has any
responsibility for loss of any kind to the Tenant's property.
Tenant agrees that Landlord requires that Tenant buy RENTER'S
INSURANCE to cover damages to his/her personal property.
SEPARATE SECTIONS: The sections of this lease are separate. If a
court finds that any part of this lease is illegal for any reason,
4
that finding will not affect the remaining parts of the lease.
LEAD PAINT: Tenant acknowledges that he/she has been given a copy
of the US EPA booklet "Protect Your Family From Lead in Your Home",
and given time to read the information it contains. Landlord has
no knowledge of lead paint in the apartment although Lead paint was
commonly used before 1979. Any cracking or pealing paint must be
reported to Landlord immedia
Tenant's Initials: /
RIDERS (SPECIAL PROVISIONS): Special provisions in the attached
Riders are part of this lease.
ENTIRE AGREEMENT: This lease contains the ENTIRE AGREEMENT between
the Landlord and the Tenant. Neither the Landlord nor the Tenant
has agreed to do anything that is not written in this lease.
REPAIRS BY Landlord:
apartment for damages
he will be paid $25.
Landlord.
If Landlord is to
that are not caused by
00 per hour plus the
PARKING: Tenant shall abide
buildings.
Special_Parking_Instructions:
by all parking
'
J't7
make repairs to the
normal wear and tear
cost of materials to
signs around apartment
THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that the
Tenant has read this lease, has gone through the lease with the
Landlord and has had the op tunity to ask questions about this
lease.
Landlord -DATE /0 'L
TIMOTHY HOGG
Tenant(s)
5
DATE t O Z?
DATE
DATE
Rider A
This rider is attached to and forms a part of the lease beginning
November 1, 2002, between Timothy Hogg, the Landlord, and Penni
DeHart, the Tenant(s).
1. Payments of rent and other charges payable by Tenant shall be
payable to Landlord and due on the 1st dy of the month. If
received after the 1st day of the month, include a $10.00 initial
penalty plus $5.00 for each additional day this reflects.
la. Rent payments are to be made to Tim Hogg, PO Box 624, New
Cumberland, PA 17070-0624. Please make checks payable to "Tim
Hogg" only.
2. Tenant agrees that the premises are leased for use y Tenants
family consisting of persons which consists of adults
and children.
3. Tenants are reminded that they should carry adequate renter's
insurance to cover any losses or damage that may be sustained
during occupancy of the above apartment.
4. No motorcycles, motor bikes, truck caps, or snow mobiles
shall be permitted on the premises.
5. No boisterous parties or unnecessary noise permitted.
6. No antennas allowed on the premises. Only the Cable TV
outlets provided shall be used.
7. No appliques shall be used on the surfaces.
8. Pictures shall be hung by using standard picture hangers.
Under no circumstances shall scotch tape be used to fasten
anything.
9. Tenant shall not park boat, trailer, or disabled vehicles on
property.
6
10. Tenant shall have two keys issued. Locks shall not be
changed or altered and keys shall not be duplicated.
11. Tenant shall not make any alterations, additions, or
improvements without prior written consent of the Landlord.
12. Tenant shall be responsible for small repairs (loose
screws, stuck window, backed up toilets etc.).
13. Upon vacancy of apartment, the appliances and cabinets must
be cleaned thoroughly before Tenant vacates said premises.
14. Upon vacancy of apartment, carpet must be steam cleaned and
a receipt must be turned in with the keys.
15. Tenants are responsible for maintaining smoke detector with
charged battery at all times (where applicable). Tenants are also
responsible for reporting any non working smoke detector
immediately to Landlord. PD.
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16. It is understood and agreed that the security p ent in the
amount of 550 dollars provided for under the lease for this
premises has been paid. Under no circumstances may the Tenant
apply the security deposit to their last months rent.
16a. The security deposit will accrue interest at a rate of 1.75%
yearly, accrued yearly, beginning after the first full year of
tenancy has been completed.
17. In the event Tenant has not notified Landlord of a needed
repair or condition, any liability and/or financial responsibility
shall be assumed by Tenant.
18. In the event that Landlord is to make repairs to apartment
that under the terms and conditions of this lease are not related
to normal wear and tear, Landlord is to be compensated for time
spent in the amount of $25.00 per hour, and materials at their cost
to Landlord.
19. Tenant will be charged $25.00 for any returned check. Late
fees will be applied to the date of restitution for said returned
check.
20. Extraordinary garbage (tires, furniture, mattresses,
appliances, etc.) is the responsibility of the Tenant to have
removed at Tenant's expense.
7
21. Additional Tenant responsibilities:
22. These rules and regulations shall constitute conditions of
tenancy, and violation thereof shall be a default under this lease.
It is further assumed that these rules do not violate Local, State
or Federal Law. In the aforementioned event, the regulation stated
herein will become null and void, thus rendering precedence to the
law.
Date
Timothy Hogg
Tenant
Tenant
Tenant
8
Rider B
This rider is attached to, and forms a part of the Rental Agreement
beginning doj ,,1-°0J I, between Timothy J. Hogg, the
Landlord, and 044 t(,?; , the Tenant(s).
The following pets will be permitted on the premesis:
PET: BREED: WEIGHT: NAME:
ra- , k 0 -b?
At an additional, refundable security deposit of $ 1?0
An additional monthly increased rent amount of $ 10 will be
charged for the maintenance of the above pet.
Tenant is responsible for clean-up of all fecal material from yard,
street, sidewalk etc. regardless of whether it was created by above
pet.
Tenant is responsible for all damages to property of Landlord or
others resulting from the maintenance of pet.
Tenant agrees that dogs are to be walked and not chained or
otherwise tethered outside. Tenant is to be physically present at
all times while the dog is outside the building.
Tenant agrees to pay for pest infestation services after
termination of occupancy. Said monies shall be the responsibility
of the Tenant and shall be deducted from the security deposit.
Tenant also agrees that any and all pet odors remaining in the
apartment upon termination of occupancy are the responsibility of
the Tenant and any and all clean up of these odors are to be paid
by Tenant. If the cost of cleanup exceeds the security deposit(s),
Tenant shall surrender the remaining monies forthwith.
Tenant further agrees that carpets are to be professionally steam
cleaned by Landlord's recommended contractor.
Landlord reserves right to revoke this consent on three days notice
to Tenant if in the opinion of Landlord or Landlord's employees the
pet has been a nuisance to other residents or has not been
maintained according to these rules. In the event consent is
revoked, tenant agrees to forthwith discontinue maintenance of the
pet. Failure to discontinue will be considered a breach of this
Rental Agreement.
This document when properly executed will take precidence over any
other parts of this Rental Agreement. All other terms and
conditions of this Rental Agreement remain in full force.
Date 10, -0 y?
Landlord
L ndlord
r`. C
Tenant
Tenant
VERIFICATION
I do hereby certify that the facts
set forth in the foregoing instrument are true and correct
to the best of my knowledge, information and belief.
Date: ??? Qy
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct
copy of the foregoing document was served by first-class mail, postage
prepaid, upon the following:
TIMOTHY AND JANA HOGG
PO BOX 624
NEW CUMBERLAND, PA. 17070
Date: April 21, 2004 By:
06eph C. Korsak, Esquire
Law Office of Joseph C. Korsak
York, PA 17403
(717) 854-3175
I.D. No. 22233
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PENNI J. DeHART : No. 04-1593 Civil Term
Plaintiff
vs. : CIVIL ACTION
TIMOTHY HOGG AND JANA HOGG
Defendant : ACTION IN CONTRACT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS OF
THE DATE OF THIS NOTE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, Pa. 17013
Date: June 8, 2004 By:
Josep Korsak„ Esquire
33 rm Queen Street
A 17403
54-3175
r.No.22233
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class mail, postage prepaid, and by certified
mail, return receipt requested, upon the following:
Timothy and Jana Hogg
PO Box 624
New Cumberland, Pa. 17070
Cumberland County Prothonotary
One Courthouse Square
Carlisle, Pa. 17013
Date: June 8, 2004 By:
*ph C. Korsak, Esquire
1rth Queen Street
k, PA 17403
7) 854-3175
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David J. Lanza
I.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
PENNI DeHART,
Plaintiff
V.
TIMOTHY HOGG and JANA HOGG
Defendants
NO. 04-1593 CIVIL TERM
CIVIL ACTION -- LAW
PRELIMINARY OBJECTIONS OF DEFENDANTS
1. Demurrer
1. The agreement that Plaintiff alleges in §§ 5 and 6 of the Complaint is inconsistent with the Rental
Agreement that Plaintiff attached to the Complaint.
2. Plaintiff alleges the existence of a separate agreement for cleaning the leased premises despite
inconsistent language in the Rental Agreement.
3. The agreement alleged by Plaintiff is inconsistent with page 2 of the Rental Agreement, which
requires the parties to note specifically any such additional repair or improvement.
4. The items of which Plaintiff complains do not rise to the level of uninhabitability.
11. Motion to Strike
5. Plaintiff seeks damages in an amount in excess of that permitted by law.
6. Plaintiff has alleged no basis to seek counsel fees.
7. Plaintiff has alleged no basis upon which to seek recovery in excess of the amount of the security
Attorney for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
deposit.
Wherefore, Defendants respectfully request that this Honorable Court dismiss Plaintiff's Complaint.
Respectfully submitted,
14-7
David J. Lanza
Attorney I.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
CERTIFICATE OFSERVICE
AND NOW, this 21St day of June, 2004, the undersigned does hereby certify that he did this
date serve a copy of the foregoing document upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania,
addressed as follows:
Joseph C. Korsak, Esq.
33 North Queen Street
York, PA 17403
David J. Lanza
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Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cuntberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
[J/ - !S'4.3 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