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HomeMy WebLinkAbout08-6776l COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 67 7?, /!,, p 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 Dis- trict Justice on the date and in the case mentioned below. YANG fW AO l 1 - • / - _ / 0,, OF ©' le?"© d' /! lam, CLAIM NO. CV YEAR 4d QQ ' d LT YEAR S "? T? ZIP CODE //bd4' O G/s J vS. / 0h" ja SIGNATURE OF APPELLANT OR HIS This block will be signed ONLY when this notation is required under P . R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. i MAG. . NO. OR NAME D.J. ez I O ?- - 4 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 riling his NOTICE of APPEAL. ZWnW- of wr a 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 appellee(s), to file a complaint in this appeal Name of appelle(s) (Common Pleas No. a -67%& J ) within twenty (20) days after service of rule or suffer entry of RULE: To Xe G S , Of appellees) (1) You are noted 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 N17F11? .: r uv UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Y/!9t]- ?? , Year Signature of Prothonotary o? 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 E,rAAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling 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 , [ 3 by personal service []by 0orgNed) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. E] and further that 1 served the Rule to File a Complaint acoompany9 the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , Oby personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Stnalwe d aAkdd bokm wham of kWh was made Tkb arofficw My commission expires on , year IV ' N M F 0 [7Cs Pr 0 :? c MM C? J ,mod. rV !• COMMONWEALTH OF PENNSYLVANIA f, iniTV nc. CUNBRRLAW Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CRARLEB A. CLEIIIENT, JR Address: 400 BRIDGE ST OLDS T011INZ COKKONS -SUITE 3 MW CVMSEALAND, PA Telephone: (717 ) 774-5989 17070 TOM D-ANGELA/D'ANGELO REALITY GRP 618 BRIDGZ STREET NZK Cp-- -RL IND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OFCJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS rPOOLB, KRISTEN S 705 WYNCROFT TERR APT/STE 10 LANCASTER, PA 17603 L J VS. DEFENDANT: NAME and ADDRESS rTON D-ANGELO/D-ANGELO REALITY GRP 618 BRIDGE STREET NEN CMMSERLAND, PA 17070 L J Docket No.: CV-0000478-08 Date Filed: 9/11/08 MOM 0 Judgment was entered for: (Name) (Date of Judgment) POOLE, KRISTZ19 S 10/16/08 © Judgment was entered against: (Name) TOIL[ D - ANGEW/D - ANGELA REALITY GAP in the amount of $ 1, 484.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,390.00 Judgment Costs $ 94.05 interest on Judgment $ .00 Attorney Fees $- Uu • Total $ 1,484.00 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 PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDEfi-ELEOT'8-TO-ENTER TNE- UDQMENT IN'T*IE°COtW Of COMMON-PLEAS ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. OCT 16 2008 .,? Date Magisterial District Ju I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 10/17/08 9:35:00 AN ,A. I N 0 by CJ Can -'f T ,•r-' N i r-n --, cJt 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 oCv,W 444e / ; ss AFFIDAVIT: I hereby swear or affirm that I served a opy of the Notice of Appeal, Common Pleas No. 08 - (dcate of service) &- /7- year ODD receipt attached hereto, and upon the appellee, (name X_r! , r y //- / t , year - ? by personal service G I Oe. upon the District Justice designated therein on personal service []by (certified) (registered) mail, sender's S. / 0416 on (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 a ?" g by personal service ( y (certified) (registered) mail, sender's receipt attached hereto. J"a SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 21 s t DAY OF Noverrbe r YEAA 2008 sig-atom 001! aG bakie wK= s ldavk was mods Notary Public Tft Of oRkiel My commission expires on Oc t • 12 , year 2010 My M9"nV6 r, ?.! tT ""°wre damer?t COMMONWEALTH OF PENNSYLVANIA Nancy J. HOW Notary Pubic New C4PftGnn8yt,,,Iaa WAAssocclationof nl e a COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, 1 ,Tt, 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 Dis- trict Justice on the date and in the case mentioned below. NAM F APPELLANT "I MAG. DIST. NO. OR NAME OF D.J. F ADDRESS OF T I CITY STATE ZIP CODE ,,, t 1 ` fir: ,'`';• ; , 1?-`dc?,?c=- ? ,fl` ?;= °? f NO' CV YEAR 06 1)6 4 >A 67?:',a LT YEAR it'AG?NT 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. This notice of Appeal, when received by the District Justice, will operate as No. 9009(6)) in action before district Justice, he A SUPERSEDERS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. WE" of ry - I PRAECIPE TO ENTER Rtkt 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 k, 4 . ^. appellee(s), to file a complaint in this appeal Name of appeUee(s) (Common Pleas No. _r' (d 7 within twenty (20) days after service of rule or suffer entry of judgment of non pry SWature of appe,(tW ;Y- aAw&n agent RULE: To appelle@,Lpl fa s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within tvwenty(2m)-days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If yq complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAiV4,, `(Gt, (3)r!; ; Tbe_dte of service o le if service was by mail is the date of the malting. bate: `vi1. s 3 4/- , Year ature fary White - Protary Copy Green - Coy 10' Yellow - Appel s;1opy. a Pink - Appellee 4y Gold - D. J. Copy Proth...- 76 .. VS. f SIGNATURE OF APPELLANT QR HIS ATFP { I Postal CERTIFIED M AIL RECEIPT Lf) (Domestic Provided) y?5 ,g ra rru Postage $ $[I ; 4 ] :,'l i ;' ; _ Ln Certified Fee •; 11) s!=„ p E3 Retum Receipt Fee (Endorsement Required) Poatmapy ,r Hew' O Restricted Delivery Fee (Endorsement Requlred) • O Ln r-a Total Postage & Fees C3 CO It'?.S G7 n;7 C3 _ ??erowvc? ......_.....Gf -- ........ ? city tee lRr4 . Stephen L. Grose, Esquire Attorney I.D. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North 12" Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgr-o.seLi,,keeferrvood.com KRISTEN S. POOLE, VS. Plaintiff TOM WANGELO and WANGELO REALTY GROUP, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)2493166 (800) 990-9108 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-6776 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)2493166 (800) 990-9108 Stephen L. Grose, Esquire Attorney LD. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North 12`" Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose&,,keeferivood.com Attorneys for Plaintiff KRISTEN S. POOLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO.: 08-6776 TOM WANGELO and WANGELO : REALTY GROUP, INC., Defendants COMPLAINT AND NOW, comes the plaintiff, Kristen S. Poole, by and through her counsel, Keefer Wood Allen & Rahal, LLP, and files this Complaint, averring as follows: PARTIES 1. Plaintiff, Kristen S. Poole, is an adult individual residing at 705 Wyncroft Terrace, Apartment 10, Lancaster, PA 17603. 2. Defendant, Tom D'Angelo, is an adult individual who upon information and belief is the owner of defendant, D'Angelo Realty Group, Inc., a Pennsylvania corporation with a business address of 618 Bridge Street, New Cumberland, Cumberland County, PA 17070. VENUE 3. Venue is proper in Cumberland County, as Defendant D'Angelo Realty Group, Inc. has its principal place of business in Cumberland County, regularly does business in Cumberland County, the property leased that is the subject of this lawsuit is located in Cumberland County, and all transactions arose in Cumberland County. FACTS 4. On January 22, 2008, Plaintiff entered into an agreement with Defendants for an apartment located at 999 Oak Lane, Unit D, New Cumberland, PA 17070. A true and correct copy of the Lease Agreement is attached hereto as Exhibit A and incorporated here by reference as if set forth in full. Due to changing jobs, Plaintiff wrote to Mr. D'Angelo and requested the opportunity to discuss terminating her lease agreement early and requested that he contact her. A true and correct copy of Plaintiff's May 13, 2008, letter is attached hereto as Exhibit B and incorporated here by reference as if set forth in full. 6. Having received no response from Mr. D'Angelo, Plaintiff again wrote to him on May 28, 2008, asking to discuss terminating her lease early. A true and correct copy of that letter is attached hereto as Exhibit C and incorporated herein by reference as if set forth in full. 7. On July 9, 2008, Plaintiff spoke with Mr. D'Angelo personally and he agreed that as long as Plaintiff agreed to pay for the advertising and there was no rental income loss, he would not charge her for early termination of the lease. 8. By letter dated July 26, 2008, Plaintiff confirmed her arrangements with Defendants and advised that as of that date she had vacated the premises as agreed. Plaintiff also agreed to pay for the sewer and water bills, pro rated, and to pay for the newspaper ad for the apartment. A true and correct copy of that letter is attached hereto as Exhibit D and incorporated 2 here by reference. 9. Upon information and belief, Defendants rented the apartment in question in or about August 2008, and therefore lost no rental income. Further Defendants never advised Plaintiff there was any damage to the apartment, which there was none. 10. Contrary to the Defendants' agreement not to charge Plaintiff for any early termination of the lease if the apartment was rented and she covered the cost of advertising (she never received a bill from Defendants for any advertising), Defendants refused to return Plaintiff's security deposit, purportedly because she "ended the lease early." A true and correct copy of Mr. D'Angelo's letter to Plaintiff dated August 13, 2008, is attached hereto as Exhibit E and incorporated here by reference as if set forth in full. 11. As a result of Defendants refusing to refund the security deposit, despite the agreement of no penalty for terminating the lease early, Defendants breached that agreement by refusing to return the security deposit. 12. In addition, Defendants did not comply with 68 P.S. § 250.512(a) in providing the necessary thirty (30) day notification to Plaintiff and/or providing her with the return of the security deposit plus interest in accordance with 68 P.S. § 250.512(a), (b). 13. Accordingly, Plaintiff is entitled to double the damages (security deposit) in accordance with 68 P.S. § 250.512(c). 14. Because of Defendants' breach of the oral agreement not to charge rent if Plaintiff performed as agreed, which she did, and non-compliance with the statute, Defendants are responsible to Plaintiff for double the security deposit, plus interest. In addition, Defendants are responsible for judgment costs at the District Justice level in the amount of $94.00. 15. Accordingly, Defendants are liable to Plaintiff in the total amount of $1,494.00, plus interest on $13,80 from January 22, 2008, through date of payment. COUNT I - BREACH OF CONTRACT 16. Paragraphs 1 through 15 above are incorporated here by reference as if set forth in full. 17. As a result of Defendants actions and failures to act as noted above, Defendants have breached the oral agreement with Plaintiff with regard to the refund of her security deposit, as well as the lease agreement and the statute, such breach causing damage to Plaintiff in the amount of $1,484, which is double the security deposit plus $94 in judgment costs, plus interest as noted above. WHEREFORE, Plaintiff respectfully requests this Honorable Court find in her favor and against Defendants in the amount of $1,484, plus interest on $1,380 from January 22, 2008, and grant such other relief as this Court deems fair and just. COUNT II - UNJUST ENRICHMENT 18. Paragraphs 1 through 17 above are incorporated here by reference as if set forth in full. 19. Upon information and belief, Defendants rented the same apartment to another individual for the same period of time that he kept the security deposit, allegedly for terminating the lease agreement early. 20. As a result of this breach, Defendants were unjustly enriched in the amount of 4 $695 when they received double rent for August 2008, as well as keeping Plaintiff's security deposit in the amount of $695. WHEREFORE, Plaintiff respectfully requests this Honorable Court find in her favor and against Defendants in the amount of $1,484, plus interest on $1,380 from January 22, 2008, and grant such other relief as this Court deems fair and just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: December 2008 By S EP N L. OSE Attorney I.D. #31006 LEASE AGREEMENT THIS AGREEMENT, made this 0?4? day of yd12 0 apD? , between ZO'W???19 6d , party of the first part, hereinafter called "Lessor", and /:5 7B'07 m4 hereinafter called "Lessee(s)". W I T N E S S E T H: That the Lessor does hereby demise and let unto the Lessee a ?O w e e-4re in a building known as G located in 'Ve ':e.) perinsylvani'a. The term of this lease shall beer commencing the ? day. of (?d/s v.lv t/__ , and ending the W40 day of for the m' nimum rental of DOLLAR payable in monthly installments in advance in the. a-.tnt of S ( m/0 / Y ) the first month's rent to be paid at the time of the signing of this Lease. This Lease is given subject to the following terms and conditions: 1. All r^eri t all be pays le without- prior prior notice or^ demand at - or at Such other place?as Lessor may fr.m time to time designate by notice in writinq. (a) Lessee agrees to pay a $10.00 per day late charge starting c,rn the third day of the month and continuing until the day re.rits are current. Lessee covenants and agrees that he will without demand: (a) Keep the premises clean and free from all dirt and refuse; replace all glass windows, dears a5b other facilities which are broken during the term of the Lease and which broken condition does not result from ordinary wear and tear; repair and services all plumbing facilities and electrical appliances when the failure of said facilities and appliances to properly function is due to the improper use or abuse of such facilities by the Lessee. (The Lessor shall be responsible to service and maintain such facilities when malfunction is due to defective facilities or ordinary wear and tear). (b) F'rc.mptly pay for all electricity, water, and sewer consumed in the .herein demised premises during the continuance of this lease and the cost of trash removal; should lessee fail to make these payments when due, Lessor shall have the r'ight' to settle therefor, such sums to be considered additional rent and collectible from Lessee, as such, by distress or ether process, and to have all the priorities given by law to claims for rent. 3. Lessee covenants and agrees that he will do none of the follolwing things Without the consent in writing of Lessor first had and obtained: (a) Assign this Lease or under-let or sub'-lease the demised premises, or, any part thereof, or permit any other person, firm or corporation to occupy the demised premises or any part thereof. (b) Make any alterations, improvements or additions to the demised premises. All alterations, improvements or, additions to the demised premises, or fixtures, whether installed before or after the execution of this Lease shall remain upon the premises at the expiration or sooner determination of this Lease and become the property of Lessor, unless Lessor, shall prier to the' determination of the Lease, have given written notice to Lessee to remoye.t'he same, in which event Lessee will remove such alterations, improvements and additions and restore the premises to the same goad order and condition in which they are now. Should Lessee fail so to do, Lessor may do so, collecting at Lessor's option the cost! and expense thereof from Lessee as additional rent. (e) Install or place any furniture or product holding more than 5 gallons of liquid (i.e. waterbed, aquarium, barrel of beer). 4. Lessee covenants and agrees that Lessor shall have the right to do the following things and matters in and about the demised premises: (a) At all reasonable times by himself or his duly authorized agents to go upon and inspect the demised premises and every part thereof and/or at his option to make repairs, alterations, and additions to the demised premises or the building of which the demised premises is a part. (b) At any time or times and from time to time to make such rules and regulations as in his judgment may from time to time be necessary for the safety, care and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall, when communicated in writing to Lessee form a part of this Lease. 5.. In addition to the rental reserved under this Lease, Lessee agrees to pay reasonable charges for the performance of the following special services to the Lessee: (a) The replacement of the keys to the premises or to any mail box. (b) Damages resulting from the overflow of plumbing fixtures and the cost of removing objects therefrom or from the pipes connected thereto. 6. The lessee agrees that the house shall be occupied by__ Z eept for guests staying temporarily for periods not exceeding two days, 7. No pets shall be kept on the premises except on the written consent of the l ?? a i?? • it Lessor. ,J /.I e4 fa -e (a) Lessee agrees that if they allow a pet on the premises to pay an additional $25.00 per day until the pet has vacated. 8. The Lessee shall not paint or redecorate any part of the premises without the consent of the Lessor. 9. Lessee shall, upon execution hereof, deposit with Lessor as security for the performance o all the terms, covenants and conditions of this Lease, the sum f ( ?lf -? DOLLARS This deposit to be retained by Lessor until the expiration of this Lease and shall be returnable to Lessee provided that (1) premises have been vacated; (2) Lessor shall have inspected the premises after such vacation; and (3) Lessee shall have complied with all the terms, covenants and conditions of the Lease, in which event the deposit so paid hereunder shall be returned to Lessee; otherwise, said sum deposited hereunder or any part there of may be retained by Lessor against any actual loss, damage or injury chargeable to lessee hereunder or otherwise if Lessor determines that such loss, damage or injury exceeds said sum deposited. Lessor's determination of the amount, if any, to be returned to Lessee shall be final. It is understood that the said deposit is not to be considered as the last rental due under the Lease. Additional uses of posted security: (a) Posted security will be used to restore walls to original condition if Lessee fails to do so upon termination of this Lease. (b) Posted. security will be used to clean unit to original condition if Lessee fails to do so upon termination of this Lease. (c) Posted security will be used to clean carpets to their original condition if Lessee fails to do so upon termination of this Lease. (d) Posted security will be used to repair any and all items found damaged in demised.-premises at the time of vacancy. (e) Posted security.will be used to replace keys not returned to Lessor at time of vacancy. 10. Lessee agrees to waive notice to quit; Landlord tenant Act 68 PS, 250.51 (Lessor does not have to give 30 days notice in the winter months or 15 days notice in the summer months in order to evict.) 11. Lessee agrees to notify Lessor 60 days prior to termination of their intent to renew or not to re-new this lease. Lessor has the right to show the unit during this period. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and yearfirst above written and intend to be legally bound hereby. LESSEE May 13, 2008 Tom D'Angelo D'Angelo Realty 618 Bridge Street New Cumberland, PA 17070 Mr. D'Angelo: This letter is to inform you that I am seeking an amicable resolution to terminate my rental agreement for the premises located at 999 Oak Lane, Unit D, New Cumberland, Pennsylvania. I find this inevitable due to circumstances unforeseen by me when I began renting from you. Specifically, my career led me to a great job opportunity 45 miles away. I have been making the drive since February and simply cannot afford the commute for the duration of my lease. I would like the opportunity to meet with you or discuss on the telephone options for early termination, as it is not clearly defined in our written lease agreement. I am available to speak this Friday, May 16 before 10:15am or after 12:30pm. I can make other arrangements if this time is not suitable for you. I have not begun the search for a new place, as I want to make sure I have fulfilled my obligation to our lease terms. I will need ample time to secure other residency before moving. I apologize in advance for any inconvenience this process may cause you and thank you for your prompt attention in this matter. Best Regards, Kristen Poole 999 Oak Lane New Cumberland, PA 17070 717-418-9871 (c) kristensp489@comcast.net (e) Enclosure: Payment, sewer/trash cc: copy retained for my records ?2k(ltt`ttr?? r ?l ) ?? / C ' Y w o') Fin _? ?- L.l,'.?=.LL..?C? ???1 t il?•_L ice. ?rt_?__.?.t?_ ??_ L LOCI ? E K l?.t. c_.-?. ? r??- c? ? ?'L c ??1.-C i° ? i?.t_ ,,?R f `J r/ ? 1-k- ? ? Y?'L?t-t ?-,;,:-? u e?z; ?.?-,-?- ?t-?? ??i t?t,J F?i,r?'1 ?' 1 ? -t 6 ?'? ct -, ? ? ? ZC cr S? -i .-f ?.?t ??'.[-f ?? C-?"'r-c ? Wit. r_? _ 6' V\ yti t Ul S 1 ? ?'?Ft, ?? (r ?? t , ?'i -fi r L 4?. i 16' iJ LC L vv . -V\cvlk it-u 1 ?I ad.-wo o e" ..,? - 4C July 26, 2008 Kristen Poole 999 Oak Lane Unit D New Cumberland, PA 17070 Tom D'Angelo D'Angelo Realty 6 18 Bridge St New Cumberland, PA 17070 Re: Vacating Above Property Mr. D'Angelo: This letter is to inform you of the status of myresidence at the above address. As of today, July 26, 2008,1 have vacated-the above premises, as agreed upon by telephone on 'July 9, 2008. I oalled your office last Wednesday and spoke with Nancy concerning the procedurefor water and electricity transfer. Because I did not'hear back;from her but had to call both companies, here is the status of these accounts:` American Water. Thescheduied shut-off date is Monday,.July 28.1 am responsible for the water charges through this date. The water will be shut off on Monday unless the next residents call to schedule take-over of the account. PP&l. Electric: As of July 27th, I am no longer responsible for the electricity charges.. They requested thatyou call them to discuss who is responsible for the charges between this date and when the new residents,assume the, account. I also wanted to let you know that I did extensive cleaning today, after I moved everything out. The carpets have been thoroughly shampooed. All linoleum floors have been swept and mopped. Countertops have been scrubbed down, most (1f not all) windows have' been washed and the wails have been wiped down. 1 have made sure that l have vacated the apartment completely and left it in the same condition that it was In when I moved in January. I have also attached to this letter the sheet I gave you upon move-in that mentioned a few of the damages the apartment had at the time. These issues have not been fixed while I'have been a resident, and so the damage still remains.' I also had,several verbal conversations With both you and Nancs,y about some other damages within the apartment including marks and cuts in the floor in the upstairs,fuii bath, snags in the carpet in both the living room and bedroom, and the winding handles on.the windows not functioning in the bedroom. Please keep these previous damages in mind when you look at the apartment. I can assure you that there is no damage, to my knowledge, that has been caused by my living there. If you disagree and feei`there are such damages that 1=gIIOUid be'lteld'accburiitable for,-1 Will-require a walk-through of the residence so that we may discuss the issues prior to any alterations or repairs being made. If such a walk-through becomes necessary, I will make myself available to you to do so at your convenience. 4 1' fl • If I do not hear from you concerning a walk-through of the:residence, I will expect my returned security deposit In-full - sent to my forwarding address listed below - within three (3) weeks from today (Aug. 16). 1 am fully aware and will expect a bill In the mail for my pro=rated sewer and trash bills as well as the bill for the newspaper ad placed to fired-anew resident, as discussed July 9M. I will pay these immediately upon receiving them. Finally, I want to thank you, sincerely, for working with me quickly in finding a way for me to move early. It is greatly appreciated. Please let me know if you have any questions or problems concerning this property: 999 Oak Lane, Unit D, New Cumberland, PA 17070. Regards, Kristen Poole FQMrdlnkF Address and contact Information: 705 Wyncroft Terrace Apt #10 Lancaster, PA 17603 Phone: 717.4:18:9871 Email: kristensp4896comcasLnet Enc: Three (3) house keys . Partial list of previous damages CC: My records ))?Z, )jo Krib)-? Ac>-k, 111 6 L L) V, Y1,0 b (?zv ek i t eA Vi i q VA4- U w i+no? ,k-S 6 w i yanvi S C, t?v o Ac . nzl,6 u-ol o, layy b1 t Ka? V\m SA lr\ md")?A 0\- yu3k yojy--e 0\, I i €;? ?? -i.11 Ito d'AN d-0 ?71,_. REA T G140,61 818 Bridge Street If New Cumberland, Pennsylvania' 17070 1Telephone (7171 774.7791 August 13, 2008 Kristen Poole 705 Wyncroft Terrace Apt # 10 Lancaster PA 17603 Dear Kristen: I will not be returning your deposit because you ended the Lease early. Sincerely, Thomas J. D'Angelo BROKER I r VERIFICATION I, Kristen S. Poole, the undersigned, acknowledge that: I am an adult individual and the plaintiff herein; 2. The averments set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, Kristen S. Poole, hereby certify that I have served the foregoing Complaint upon defendants this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Tom D'Angelo D' Angelo Realty Group, Inc. 618 Bridge Street New Cumberland, PA 17070 KEEFER WOOD ALLEN & RAHAL, LLP By L-.f- kzv.- Stephenk. Grose Dated: December i D, 2008 ha f Stephen L. Grose, Esquire Attorney I. D. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North 12" Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: s ,roseL ?,keefes wood. com Attorneys for Plaintiff KRISTEN S. POOLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO.: 08-6776 TOM D'ANGELO and D'ANGELO REALTY GROUP, INC., : Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF SAID COURT: Please substitute the attached original Verification for the copy of said Verification filed with the Complaint in the above matter. Respectfully submitted, KEEFER FOOD ALLEN & RAHAT 1-1, LLP Dated: December 2008 gy S PEEN L. GROSE Attorney I.D. #31006 VERIFICATION I, Kristen S. Poole, the undersigned, acknowledge that: I am an adult individual and the plaintiff herein; 2. The averments set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, Kristen S. Poole, hereby certify that I have served the foregoing Praecipe to Substitute Verification upon defendants this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Tom D'Angelo D'Angelo Realty Group, Inc. 618 Bridge Street New Cumberland, PA 17070 KEEFER WOOD ALLEN & RAHAL, LLP By _i__ ? - Ste en L. Grose Dated: December _11, 2008 r,3 ? ?a t.:? n a ?? ' ;;? ?-? : ,,_ + ? ? _ ,,t ?? ?` _ ? _ i ,_ N `,jfi?3 ;?. "?? Stephen L. Grose, Esquire Attorney I.D. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North 12`" Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: s hose cekeekr vvood.com Attorneys for Plaintiff KRISTEN S. POOLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, - -- -- Plaintiff PENNSYLVANIA VS. TOM WANGELO and WANGELO REALTY GROUP, INC., Defendants NO.: 08-6776 PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF SAID COURT: Please mark the above matter settled and discontinued, with prejudice. Respectfully submitted, D'ANGELO REALTY GROUP, INC. KEEFER WOOD ALLEN & RAHAL, LLP B By_ M D'ANG S PHEN . GROSE Attorney I.D. #31006 Dated: ?-pZ - Q Dated: t/-I /- /09 o ':. .