HomeMy WebLinkAbout08-7240Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-
CIVIL TERM
Defendant
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I am the (plaintiff efendan in the above matter and because of my financial condition
am unable to pay the fees and costs of prosecuting or defending the action or proceeding.
I am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation.
I represent that the information below relating to my ability to pay the fees and costs is
true and correct:
(a) Name:
Address:
-f1r . X14 P7dy/
Social Security Number: 16W Q 3003
(b) Employment
If you are presently employed, state
Employer: &-Jft a R kom On tit
Address: Cn,s=?:s1L P?41?o?3
Salary or wages per month: -
Type of work: JU4 -
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
• Support payments: Ch jj 3uc?ft t' fie` M;ehK•,? ?e.S6rnp ?'Rt, ago, ft.*
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public assistance:
Other:
(d) Other contributions to household support (wife)(husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash:
Checking account: SS-6160Y SA. 406 6&-I ntc
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make 0 e4 e- , Year f'$
Cost:-,2 46e) Amount Owed $
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: j75.?
Loans:
Other:
(g) Persons dependent upon you for support (wife)(husband) Name:
Children, if any:
Name: Miuk"I ?uashtna?en W, P7&*J4 Fk?yT Tswa:L HuitT
Relationship: 500 JON N -A.
4. I understand that I have a continuing obligation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
Date:
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DEC 10 20M C
Plaintiff
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Defendant
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: IN THE COURT OF COMMON PLEAS
OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08- 77VO CIVIL TERM
ORDER
AND NOW, this kilt day of 2008, upon affidavit in
support of a Petition for Leave to Proceed In Forma Pauperis in the above, said Petition is
granted and Petitioner/Defendant may proceed throughout without cost.
Date:
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771 "^7,
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nog ?'" tT V ?-N'
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.
DATE OF JUDGMENT IN THE CASE OF (PleWftY) (wren")
I.1-3 ?e$ M: IIt'd_r._ LL'-_ -X&m 7. MYacr
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This block will be signed ONLY when this notation is required under Pb. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by District Justice, will operate as a before a District Justice, A COMPLAINT MUST 13E FILED within twenty
SUPERSEDEAS to the fltdgment for possis6ieq irdthis case.
(20) days after filing the NOTICE of APPEAL.
or
PRAECIPE TO ENTER RULE TO tILE 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 appellee(s), to file a complaint in this appeal
Name of appeo"(s)
(Common Pleas No. 7 c?-,Y(*) CJV.I) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To k i 11 rage. U0, , appellee(s)
Name of appeNee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: T)eC 10 , 20 p$
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF 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 of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) , 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF . 20
Signature of affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF. CMMZRL1 ND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-02
VIVIAN COHICIC
Address: PO SOX 155
27 N BIG SPRING AVE
NZWVILLE, PA
Telephone: (717 ) 776-3187 17241
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rKXLLRMM LLC
14 N. BIG SPRING AVE
NZMVILLB, PA 17241
L J
vs.
DEFENDANT: NAME and ADDRESS
liffz", JANXN, ET AL.
5 PARR FIMLD ST
NZNVILLB, PA 17241
JANI8 NrZRS L J
5 FAIBFIELD ST Docket No.: LT-0000216-08
ZZNVILLB, PA 17241 Date Filed: 11/24/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLLXNTIFF
® Judgment was entered for: (Name) MILL R&M LLC,
Judgment was entered against l[Y8"I JAMIE in a
® Landlord/Tenant action in the amount of $ 114.85 on 12102108 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 595.00.
The total amount of the Security Deposit is $ 595.00
Total Amount Established by MDJ Less • Security Deposit Apple = Adjudicated Amoun
Rent in Arrears $ • OW B- $ _ $ . 0
Physical Damages Leasehold Property $ .00- $ .00 = $ .00
Damages/Unjust Detention nn; $ _ 00
Less Amt Due Defendant from Cross Complaint - $ _ pp
Interest (if provided by lease) $ _ eo
L/T Judgment Amount $ _ 00
? Attachment Prohibited/ Judgment Costs $ 114.85
42 Pa.C.S. § 8127 Attorney Fees $ oe
? This case dismissed without prejudice. Total Judgment $ 114.85
® Possession granted. I
? Possession granted if money judgment
? Possession not granted.
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
,•?O( o?° vO Date , Magisterial District Judge
ce I a this is a rue an correct copy o e ipcord of the proceedings containing the judgment.
Date , Magisterial District Judge
commission expires first Monday of January, 2012 • SEAL
M?r
AO O 315A-08
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of C_oMbV%Ar'J
PLAINTIFF: NAME and ADDRESS
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vs.
DEFENDANT: NAME and ADDRESS
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Common Pleas Docket No. LT. IR/ • 0$
SECTION 8 TENANT'S SUPERSEDEAS AFFIDAVIT
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
I, S ??,. - en n,v?S (print name and address here),
have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of
real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my
monthly rent or the actual rent in arrears. My total household income does not exceed the income limits set
forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma
pauperis (IFP) affidavit to verify this. I have/ha 4-AW (cross out the one that does not apply) paid the rent
this month.
The total amount of monthly rent that I personally pay to the landlord is $ X75- . I hereby certify that
I am a participant in the Section 8 program and I am not subject to a final (i.e., non-appealable) decision of a
court or government agency which terminates my right to receive Section 8 assistance based on my failure
to comply with program rules.
I verify that the statements made in this affidavit are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date ?TR E O F ANT
AOPC 312-08 (A)
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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 (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT: I hereby,(twear?faffirm) that I served
® a copy of the Notice of Appeal, Common Pleas Q, -upon the District Justice designated therein on
(date of service) ., 20 Wby personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) WtC.Ae, on
13 _.,1a , 20Q!6- $1 by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIPED BEFORE ME
THIS ) 0L DAY OF :De -Le- V :;!- 20 d 8- .
Signature of official bef* whom affidpit was made „ v
D eDofy Pr?f,?a
Title of oK ial f
My commission expires on J a ? t 20 /0
Signature of aKant
7clr&;.e- ?y A /I m ye rs
f A /-:,. ? syo /&0
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
NIMUMMAL I N OF rtPINSTLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
I DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No
NOTICE OF AREAL
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.
ADDRESS OF APPELLANT CITY STATE T?OOE
DATE OF JUDGMENT IN THE CASE OF (Plakffiff) I DNendarR)'
0 -6 L
DOCKET N SIGNATURE OF AF1TLLW OR Y AGENT
This block will be sued ONLY when this notation is required under Pfr
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by a District Justice, will operate as a
SUPERSEDEAS to the M for I s case.
(see Pa. R.C.P.D.J.
before a District Justice, A COMPLAINT MUST BE FILED -within twenty
(20) days after filing the NOTICE of APPEAL.
4
. S P
7_77,
PRAECIPE TO ENTER RULE TO IT 7AI[ MULE 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 l.- L(_ appellee(s), to fide a complaint in this appeal
Name Of appeffltos(s)
(Common Pleas No. (-' ,I . t) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
'00- so-h- of *P~ - aft"My or a"
RULE: To ! i,.a e e L i- ( appellee(s)
Name of eppeMee(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 ro ,,Oy oral service or by cartilled or registered mad.
(2) If you do not file a,edittplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YO)1.
(3) The date of service df tWrule if service was by mail is the date of the mailing.
,
Dote: { . eC: I CZ . 20 (7 sue' ; merry or
YOU MUST INCLUDE;A f 'Y OF THE NOTICE OF JU TITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY 7013E SERVED ON DISTRICT JUSTICE
MILLRACE, LLC and IN THE COURT OF COMMON PLEAS OF
DARIUS & ASSOCIATES, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2008-7240 CIVIL TERM
JAMIE L. MYERS, IN EJECTMENT
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 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 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. 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MILLRACE, LLC and
DARIUS & ASSOCIATES,
Plaintiff
V.
JAMIE L. MYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-7240 CIVIL TERM
IN EJECTMENT
COMPLAINT IN EJECTMENT
NOW, comes Plaintiff, Millrace, LLC, by and through its attorneys, O'BRIEN, BARIC &
SCHERER, and files the within complaint and, in support thereof, sets forth the following:
1. Plaintiff, Millrace, LLC, is a Pennsylvania limited liability company with its
principal place of business located at 14 West Big Spring Avenue, Newville, Cumberland
County, Pennsylvania 17241 and is the agent of Darius & Associates.
2. Plaintiff, Darius & Associates, is a Pennsylvania partnership with a principal place
of business located at 14 West Big Spring Avenue, Newville, Pennsylvania 17241.
3. Defendant is an adult individual with a residence address of 5 Fairfield Street,
Newville, Cumberland County, Pennsylvania.
4. Plaintiff, Darius & Associates, is the record owner of that real property known as
5 Fairfield Street, Newville, Cumberland County, Pennsylvania by virtue of a Deed dated
and recorded at Book 265, Page 3336, et seq. with the Recorder of Deeds of and for Cumberland
County, Pennsylvania.
5. On or about February 13, 2007, Plaintiff entered into a Lease Agreement with
Defendant and Jermaine Hunt. A true and correct copy of the Lease Agreement is attached
hereto as Exhibit "A" and is incorporated by reference.
6. Defendant and Jermaine Hunt have been in possession of the leased property since
on or about February 13, 2007 and remain in possession of said premises to the date hereof.
7. Plaintiff filed an action to evict Defendant and Jermaine Hunt from the leased
premises with Magisterial District Judge Vivian Cohick.
8. Possession was granted to Plaintiff by the Magisterial District Judge.
9. Defendant has appealed the decision of the Magisterial District Judge. Jermaine
Hunt has not appealed the decision granting possession from the Magisterial District Judge.
10. On or about November 12, 2008, Plaintiff provided Defendant with a Notice to
Quit. A true and correct copy of this Notice to Quit is attached hereto as Exhibit "B" and is
incorporated by reference.
11. Notice to Quit was served upon Defendant after Plaintiff learned that the police
had arrested Defendant and Jermaine Hunt for possession of illegal narcotics located at the leased
premises.
12. The Lease Agreement provides, in relevant part, that the Defendant would
"...agree(s) to comply with all current Federal, State and Local laws, regulations and ordinances
or those that are enacted during the lease term."
13. The Lease Agreement provides that Defendant would be in default of her
obligations under the Lease Agreement if she "...becomes a nuisance to Agent, other Tenants or
neighbors" or if she "...violates, Federal, State or Local laws, regulations or codes.
14. Defendant is in breach of her obligations and duties under the Lease Agreement.
15. The remedies available to Plaintiff under the Lease Agreement include the right to
terminate the lease and forfeiture of any security deposit upon breach of the Lease Agreement by
Defendant.
16. Plaintiff is, under the terms of the Lease Agreement, entitled to recover
consequential damages, expenses attorney fees and costs and a $150.00 agent's fees if Plaintiff
seeks remedy through the court.
17. Plaintiff is entitled to possession of the leased premises.
18. Plaintiff holds a security deposit of $595.00 for the leased premises.
19. An abstract of title for the leased premises is attached hereto as Exhibit "C" and is
incorporated by reference.
WHEREFORE, Plaintiff requests entry of judgment in its favor and against Defendant for
ejectment of Defendant from the leased premises, recovery of all consequential damages,
attorney fees and costs, the security deposit, a $150.00 agent's fee and all other costs deemed
property by this Court.
Respectfully submitted,
AO' EN,0BrA SC R
4
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Complaint In Ejectment are true and correct
to the best of my knowledge, information and belief. This verification is signed by David A. Baric,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as
documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted
and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said
verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S.
§4904, relating to unsworn falsifications to
Dated: December 23, 2008
David A. Baric, Esquire
MILLRACE. LLC
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into on February 13, 2007,
between Millrace, LLC, hereinafter called Agent, and, Jamie
Myers, Jermaine Hunt, hereinafter called Tenant.
LOCATION
Tenant agrees to lease from Agent the property located at: 5 Fairfield Street, Newville,
PA. 17241 , hereinafter called Premises.
LEASE TERM
Tenant agrees to a one year lease beginning on February 01, 2007, and ending on
January 31, 2008. Tenant may terminate this lease agreement at the end of the lease
term by providing forty-five (45) days written notice to Agent via certified mail. If no
such notice is given, this lease agreement will continue without n3-execution upon the
same terms as are in force immediately before the end of the lease term. However, this
lease agreement will not automatically continue at the end of the lease term if Tenant is
in default of this lease agreement.
ECURITY DEPOSIT
Tenant agrees to pay Agent a security deposit in the amount of $595.00,(Was Paid)
prior to taking possession of Premises. This deposit is held by Agent as potential
reimbursement for damages, past due rent, late charges, cleaning or any other
expense resulting from Tenant's default of this lease agreement.
Tenant agrees that should total charges owed by Tenant after vacating Premises
exceed the total amount of the security deposit, then Tenant forfeits the security deposit
and pays Agent the difference between the security deposit and the total charges owed.
Tenant agrees that the aforementioned security deposit will not be used as last month's
rent.
Tenant agrees that within THIRTY (30) days of vacating Premises, after keys to
Premises have been returned to Agent and Tenant's forwarding address
has been provided to Agent, Tenant will receive either the total security deposit amount
or the balance of such along with an itemized list of any charges paid by all or a portion
of the deposit, whichever applies.
EXHIBIT "A"
2
Tenant agrees that should Tenant vacate Premises prior to termination of this lease
agreement, vacate Premises without giving forty-fire (45) day notice and/or otherwise
be in default of this lease agreement, Tenant will automatically forfeit the security
deposit to Agent.
Tenant agrees that if Tenant fails to provide a valid forwarding address subsequent to
Tenant's written notice to vacate Premises, then Agent is not responsible for returning
Tenant's security deposit.
RENT PAYMENT ..
Tenant agrees that the monthly basic rent is
Tenant agrees that rent payments must be made in advance, without demand, on the
1'c day of the month.
Tenant agrees to make rent payments with cash, check or money order.
Tenant agrees to make checks and money orders payable to DARIUS REAL ESTATE
and mail to the following address:
Darius & Associates
9 North High Street
Newville, PA 17241
717-776-4274
Tenant agrees that cash payments must be made in person to Agent or authorized
agents.
Tenant agrees that Agent is not responsible for cash payments sent via mail or
delivered by any means other than in person by Tenant to Agent.
Tenant agrees to ask for and obtain receipts for all cash payments at the time of such
payment and agrees that such receipts are the sole proof of cash payment to Agent.
Tenant agrees that in the event a cash receipt is lost by Tenant, or if Tenant claims a
cash receipt was not provided by Agent for a cash payment claimed to have been made
by Tenant, then Agent reserves the right to make the final determination as to whether
or not a cash payment was made by Tenant and/or received by Agent.
LATE CHARGES
Tenant agrees that, for the convenience of our Tenants, a five (5) day grace period is
granted without penalty for rent payment. However, after 5:00 PM on the fifth (5t') day
after the rent due date, all rent and other charges are subject to a late fee of two dollars
($2) per day following the five day grace period.
3
Tenant agrees that if payment for rent and other charges is not received in Agent's
office by 5:00 PM on the tenth (10th) day after the rent due date, the total amount owed
will be referred to the District Justice for judgement and/or the Constable for collection.
Tenant agrees that if Agent must take legal action against Tenant, then Tenant will be
liable for all associated late fees, document and filing fees, court fees, agent's fees,
attorney's fees and the total amount of rent and other charges due at the time of such
action.
OCCUPANTS
Tenant agrees that Premises shall be occupied by no more than two r or(s),
including adults and children.
Tenant agrees that if an additional person is found to be occupying the residence, then
Tenant is in default of this lease agreement.
Tenant agrees to pay an additional charge of $60.00 per authorized additional person
and an additional estimated charge for that additional person's water/sewer useage
during the period of unauthorized occupancy.
KEYS and LOCKS
Tenant agrees to take possession of one set of key(s) to Premises, issued by
Owner/Agent upon execution of this lease agreement.
Tenant agrees to pay $4.00 (four dollars) for each lost key.
Tenant agrees to not duplicate or have someone else duplicate issued key(s).
Tenant agrees that if all issued keys are not returned by Tenant to AGENT at the time
of termination of this lease agreement or should Tenant request locks to be re-keyed
due to keys lost by Tenant, then Tenant agrees to pay all costs associated with re-
keying the locks, including the cost of labor.
Tenant agrees that removing, altering or re-keying locks without prior written consent of
Agent is prohibited.
Tenant agrees to pay the following service charge(s) to have Agent or authorized
agents unlock doors to Premises:
Monday-Friday, 8 AM to 5 PM: $15.00 (Fifteen Dollars)
After hours and weekends: $30.00 (Thirty Dollars)
4
UTILITIES and SERVICES
Tenant agrees to provide, maintain and pay for the following checked utilities and/or
services:
** TENANT WILL NOT UNDER ANY CIRCUMSTANCES USE KEROSENE HEATERS
WHILE A TENANT IN THIS PROPERTY.
X Water and Sewer Service -------
)C-Electric Power
)C-Fuel Oil e<
X Trash and Debris Remova! , a
)C-snow and Ice Removal
X General Lawn/Yard Care
Tenant agrees that the above unchecked utilities and/or services will be provided,
maintained and paid for by Agent.
Tenant agrees that Agent reserves the right to temporarily suspend any utility or other
service(s) to Premises for emergency maintenance and repair or to protect property
from risk or harm, at Agent's sole discretion.
Tenant agrees that Agent shall not be liable for damage or injury to Tenant, family
members, guests or pets as a result of suspension of a utility or other service(s).
Tenant agrees to responsibly use all utilities furnished by Agent and to refrain from
wasteful use.
Tenant agrees to have trash and/or debris removed from Premises in a timely manner.
Tenant agrees to pay all agent and service fees related to Agent's removal of trash,
debris and/or personal items left behind by Tenant after vacating Premises.
Tenant agrees that if Agent supplies electricity or water/sewer to Premises, Tenant may
not install or use heavy-duty appliances and/or related equipment unless prior written
consent of Agent is obtained.
PETS
NO Rotwiler's, Doberman's, or other vicious/dangerous dogs will be permitted on the
premises at any time. Tenant agrees that pets (including all domestic and wild animals,
birds, fish, reptiles and amphibians) are NOT permitted in or on Premises without prior
written consent of Agent.
5
Tenant agrees that if Tenant should be found to be in possession of pet(s) or to have
previously brought any pet(s) in or on Premises without prior written consent from
Agent, then Tenant shall be:
a) In default of this lease agreement
b) Held liable for all related damages
c) Required to pay a penalty of $500.00
d) Required to immediately remove the unauthorized pet from Premises.
USE of PREMISES
Tenant agrees to use Premises as a private residence only.
Tenant agrees to not use Premises for any charitable or income-producing purpose.
Tenant agrees to not conduct yard/lawn/garage sales, flea markets or related events
without prior written consent from Agent.
Tenant agrees to comply with all current Federal, State ,..and-LvcaHaws, regulations and
ordinances or those that are enacted during the lease errfi.
RETURNED CHECKS
Tenant agrees to pay Agent a returned check fee of $75.00 (seventy-five dollars) for
any check returned by any bank for any reason.
ASSIGNMENT and SUBLETTING
Tenant agrees to not assign this agreement or sublet the Premises to anyone
Tenant agrees that any attempt by Tenant to assign this lease agreement or sublet the
Premises shall be considered illegal and in immediate default of this lease agreement.
REPAIRS and ALTERATIONS
Tenant agrees to be held liable for damages caused by negligence of Tenant, family,
guests or pets.
Tenant agrees to pay for all damaged window and door glass and screens damaged
during the lease agreement and not specified in the initial inspection of Premises.
Tenant agrees to not apply paint, wallpaper or other materials or otherwise change the
appearance of interior walls, ceilings and trim without prior written consent of Agent.
6
Tenant agrees to not renovate, redecorate or make alterations to the Premises without
prior written consent of Agent.
Tenant agrees that any renovations, redecorations, alterations, additions and/or
improvements made to the Premises by Tenant shall remain a part of and be
surrendered with the Premises upon Tenant vacating Premises.
Tenant agrees to be held liable for the cost of painting Premises if Tenant vacates
Premises prior to expiration of the lease term AND if Agent determines that such
painting is necessary.
CARE and MAINTENANCE
Tenant agrees to immediately notify Agent of the need for any repair(s) required in or
around Premises.
Tenant agrees to surrender possession of Premises to Agent at the end of the lease
term in as good order, cleanliness, and state-of-repair as was found upon
mutual inspection by Tenant and Agent and indicated by Agent and Tenant's signature
on the PROPERTY INSPECTION SHEET.
Tenant agrees to be held liable for any electrical, mechanical, plumbing, appliance, or
other damages to Premises caused by negligence of Tenant, family, guests or pets.
INSURANCE
Landlord's insurance does not provide any coverage for Tenant(s) personal property,
possessions, improvements or liability in connection with this agreement. Tenant(s) is
advised to cant' adequate insurance including "fire legal liability" coverage at Tenant(s)
own cost
Tenant agrees that Agent is not liable for damage to or theft of Tenant's personal
property.
Tenant agrees that Agent's insurance policy does not cover Tenant's personal property
and that Tenant is solely responsible for obtaining Renter's Insurance, if so desired.
Tenant agrees to be held liable for any activity by Tenant, family, guests or pets that
causes AGENTS insurance policy to increase.
RIGHT of ENTRY
Tenant agrees that Agent and authorized agents may enter Premises at anytime,
without prior oral or written notice to Tenant, in case of emergency, whether or
7
not Tenant is present.
Tenant agrees that Agent, authorized agents and contract maintenance, repair or other
service personnel may enter Premises after providing 24-hour oral or written notice,
whether or not Tenant is present.
Tenant agrees that should Tenant deny entry to Agent, then Tenant will pay all costs
resulting from the denial of entry.
RELIEF FROM DAMAGES
Tenant agrees that Agent is not liable for loss, injury, or damage to any person or
property unless the loss, injury or damage is caused by the Agent's intentional act.
Tenant agrees that Agent is not liable for any injury or personal property damage
caused by water that leaks into Premises.
Tenant agrees that Agent is not liable for injury or damage caused by uncontrollable
natural causes such as severe weather, natural disasters, terrorist acts or acts of God.
PEST CONTROL (IF APPLICABLE)
Tenant agrees that Agent, authorized agents and contract pest control service
personnel may enter Premises after providing 24-hour oral or written notice.
Tenant agrees to permit pest control service personnel to enter Premises monthly to
render pest control services.
Tenant agrees that should Tenant deny entry to pest control service personnel, then
Tenant will pay the cost of the service call to Agent.
Tenant agrees that Agent will not be held responsible for any insect, vermin or other
nuisance creature problems resulting from Tenant's denial of entry to pest control
service personnel.
EMERGENCY MAINTENANCE and/or REPAIR
Tenant agrees to report all emergency maintenance and/or repair situations
immediately to Agent or authorized agents by following the procedure below:
a) Tenant immediately calls (717) 776-4274 to speak with an agent and report the
emergency.
b) If an agent is unavailable, Tenant leaves a voicemail message with Tenants full
name, address, telephone number, time of call and nature of the emergency.
8
Tenant agrees to report all non-emergency maintenance and/or repair situations as
soon as possible to Agent or authorized agents by calling (717) 776-4274 and either
speaking with an agent or leaving a message with Tenant's full name, address,
telephone number time of call.
DEFAULT of LEASE AGREEMENT
Tenant agrees to be in default of this lease agreement for all aforementioned reasons
as well as the following reasons:
a) Tenant knowingly provides false information in the rental application.
b) Tenant fails to pay rent or other charges to Agent as agreed.
c) Tenant files chapter 7 or chapter 11 Bankruptcy.
d) Tenant damages Premises beyond reasonable wear and tear.
e) Tenant-becomes a nuisance to Agent, other Tenants or neighbors.
f) Tenant refuses to vacate Premises when ordered to do so by Agent, authorized
agents, law enforcement or emergency services personnel.
g) Tenant abandons Premises.
h) Tenant violates, Federal, State or Local laws, regulations or codes.
AGENT REMEDIES
Tenant agrees that if Tenant is in default of this lease agreement, Agent may impose
any or all of the following remedies, after providing Tenant with NOTICE TO QUIT prior
to seeking such remedies:
a) Terminate this leaseAagreement and withhold Tenant's security deposit as forfeiture.
b) File suit against Tenant in order to recover damages, past due rent, fees or other
charges owed for the remaining lease term.
c) File suit against Tenant to recover possession of Premises after notification of
tenant.
d) File suit to recover all consequential expenses, damages, losses and reasonable
Attorney and agent's fees resulting from Tenant's default of this lease agreement.
9
ATTORNEY'S and AGENT'S FEES
Tenant agrees that if Agent must seek legal remedy in court in order to enforce
provisions of this lease agreement, then Tenant shall reimburse AGENT for all
reasonable costs and expenses related to legal remedy, including but not limited to
aitamoy's Baas, spout's fees of $150.00 (one hund*sd My dbllsrs). document and
filing fees, court fees, all past due rent, fees and other charges.
DESTRUCTION of PREMISES
Tenant agrees to immediately notify Agent of any accident, fire or other major damage
that occurs on or about Premises within 24 (twenty-four) hours of the occurrence.
Tenant agrees to immediately notify Agent of any condition that may cause an accident,
fire or major damage on or about Premises.
Tenant agrees that if Premises is partially destroyed by fire or other casualty, then
Tenant shall have the right to exercise one of the following options:
a) Continue to occupy the habitable portion of Premises while repairs are being made.
b) Terminate this lease agreement absolutely and receive a refund of rent paid through
the date of transfer of possession to Agent.
NEW CARPETING and VINYL FLOORING
Tenant agrees to provide reasonable care and maintenance for all carpeting and vinyl
flooring on Premises by adhering to the following guidelines:
a) Regularly cleaning carpet with a vacuum cleaner.
b) Regularly mopping vinyl flooring with a damp mop.
c) Immediately blotting spilled liquids or other substances to prevent staining of carpet
or vinyl.
Tenant agrees to not use a steam cleaner to clean carpet and accepts liability for all
related damages if a steam cleaner is used.
Tenant agrees to replace any carpeting and/or vinyl flooring that is tom, stained, wet,
discolored, removed or damaged in any way, at the cost of $10.00 (ten dollars) per
square yard plus installation and labor costs.
10
Tenant agrees that the only acceptable change in condition of the carpet and/or vinyl
flooring over the lease term is reasonable wear and tear.
DELIVERY of POSSESSION
Tenant agrees that if Agent cannot deliver possession of Premises to Tenant at the
beginning of the lease term, then the lease term will commence as agreed, but the
requirement to pay rent will cease until Premises is ready for occupancy.
Tenant agrees that Agent shall not be liable for damages claimed by Tenant in the
event that Agent is unable to deliver possession of Premises to Tenant.
ILLEGAL/UNENFORCEABLE LEASE CONDITIONS
Tenant agrees that should a court-of-law or other legal authority determine any
condition within this lease agreement to be illegal or unenforceable, such a condition
shall be immediately become null and void.
Tenant agrees that all other conditions within this lease agreement shall remain in
force.
ADDITIONAL TERMS. CONDITIONS. RIDERS and AMENDMENTS
Tenant agrees that the terms and conditions specified in the riders and amendments
listed below constitute part of the lease agreement:
In order to comply with the Newville Borough Ordinance 2006-01:
A) Owners of the above property are Robert G. & Kathleen D. Darius, 14 West Big
Spring Avenue, Newville, PA 17241. Phone number (717)776-4274.
B) You may call (717) 776-4274 to register complaints regarding the physical
condition of the rental unit.
C) .Emergency number for police, fire and medical services is: 911
1.. Tenant will keep the yard, steps, stoop, sidewalk and other areas around
the unit free of weeds and tall grass, trash, junk or abandoned
automobiles, children's toys etc,. No discarded furniture will be left
outside the unit or used as outdoor furniture. The exterior of the premises
shall be clear of junk rubbish, trash and other debris. Stairs and railings,
both inside and outside' will be kept free of any obstructions.
2. Tenant will hang towels, sheets or any other Items in windows as
curtains or blinds.
3. Trash cans must remain covered at all times.
4. Porch & decking will not be cluttered with unsightly items thrown over the
railings or lying on the steps.
5. Gaffes shall be hinged and latched.
11
6. Tenant will not store trash, debris, or flammable materials In the attic or
basement at anytime.
ENTIRE AGREEMENT
Tenant and Agent agree that the pages contained herein represent the entire lease
agreement between Tenant and Agent. No other conditions, riders or amendments are
valid unless specified in writing and approved by signature of both parties. This lease
agreement takes precedent over any other agreements previously executed between
Tenant and Agent.
Tenant and Agent agree that all rights and liabilities herein given to or imposed upon
either party hereto, shall extend to the heirs, executors, administrators, successors, and
assigns of such party.
Tenant and Agent hereby agree that by signing this lease agreement, both parties
understand and accept all conditions, rules and regulations stated herein.
Tenant and Agent agree that this lease agreement is approved and entered into on
February 13, 2007. The undersigned Tenant and Agent understand that each is jointly
and severally liable and agree to and accept all conditions imposed.
TENANT SIGNATURE :-
TENANT NAME (PRINT) :
DATE : 02 - 19 _
TENANT SIGNATURE
TENANT NAME (PRINT)
DATE: ,-?L -Jq - G
TENANT SIGNATURE
TENANT NAME (PRINT)
DATE :
MILLRACE, LLC,
AGENT SIGNATURE
AGENT NAME (PRIN'
DATE:
TEN DAY NOTICE TO MOVE
Date: November 12, 2008
Jamie Myers & Oswaldo Hunt
5 Fairfield Street
Newville, Pa 17241
To the above tent and all others now in possession of the below described
premises: 5 Fairfield Street, Newville, PA 17241.
You are hereby requested to vacate and deliver possession thereof to the
undersigned on or before November 22, 2008. You have been arrested for drug
possession etc., today November 12, 2008.
Should you fail, refuse or neglect to vacate said premises within 10 days from
service of this notice, I will take such legal action, as the law requires, to have you
evicted from the premises. You are to further understand that we shall in all
instances hold you responsible for all present damages to the property under your
tenancy agreement.
kafhleen D. Darius, Manager
9 North High Street
Newville, PA 17241
POSTED BY:
Delivering a copy of notice to the named ummit.
Posting a co" of notice on the main door of the property, no one actually bona pmma at the time of delivery
EXHIBIT "B"
CHAIN OF TITLE
BEING the same premises which Geraldine M. Kennedy, widow, by Deed dated October 7, 2004
and recorded October 8, 2004 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 265, Page 3336, granted and conveyed unto Robert G.
Darius, a/k/a Bob Darius and Kathleen D. Darius, a/k/a Kathy Darius.
ALSO BEING the same premises by which a Decree Awarding Real Estate in the Estate of
Lucretia Ott, deceased, dated January 12, 1993 and recorded January 14, 1993 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "C", Volume 36,
Page 140, was awarded to Geraldine M. Kennedy.
ALSO BEING the same premises which E.G. Ott, a/k/a Eugene G. Ott, who died on April 28,
1962, having first made a Last Will and Testament dated July 18, 1956, his death being duly
proved and remaining of record in the Office of the Register of Wills in and for Cumberland
County, Pennsylvania, in Will Book 54, Page 274, and filed to Estate No. 264, with record of
payment of Pennsylvania Transfer Inheritance Tax recorded in Tax Docket 7, Page 23, Line 26,
wherein he did provide in paragraph No. 5 that the subject property was devised to his daughter,
Mrs. Fay Ott Eichelberger, who died on November 13, 1978, the remainder interest in the subject
property was devised by the said Eugene G. Ott to his daughter, Lucretia A. Ott, who was also
known as Lucretia Ott.
ALSO BEING the same premises which Harriett McLaughlin, subsequently married and
thereafter being known as Harriett Stough, who died on October 17, 1907, having first made a
Last Will and Testament dated September 3, 1906, her death being duly proved and remaining of
record in the Office of the Register of Wills in and for Cumberland County in Will Book "Y" at
Page 393 pursuant to which J. M. Mell was appointed Executor and by Deed dated March 24,
1908 and recorded July 30, 1965 in the Office of the Recorder of Deeds in and for Cumberland
County in Deed Book "R", Volume 21, Page 402, granted and conveyed unto E. G. Ott, a/k/a
Eugene G. Ott.
EXHIBIT "C"
CERTIFICATE OF SERVICE
I hereby certify that on December 23, 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Complaint In Ejectment, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Jamie L. Myers
5 Fairfield Street
Newville, Pe lv a 17241
David A. Baric, Esquire
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MILLRACE, LLC and
DARIUS & ASSOCIATES,
Plaintiff
V.
JAMIE L. MYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-7240 CIVIL TERM
IN EJECTMENT
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint In Ejectment filed in
this matter on December 30, 2008.
Date: December 31, 2008
Respectfully submitted,
a0'BRIEN, BARIC & ERER
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
J ' ,..
VERIFICATION
I, Kathleen Darius, verify that the statements made in the foregoing Complaint In
Ejectment are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A.
Baric, Esquire and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unswom falsifications to authorities.
Date:
Kathleen Darius
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Millrace, Ilc and Darius In The Court of Common Pleas Of
& Associates,
Plaintiff Cumberland County, Pennsylvania
NO. 2008-7240 Civil Term
V.
Jamie Myers, In Ejectment
Defendent
'A 1 February 4th,2009
04 C-E--
I wish to defend myself against the claim number 13. 1 have not become a nuisance to the
agent.
I pay my rent on time, maintain 5 fairfield st. Newville,pa. I also have never had the police at or
called to 5 Fairfield st. I have not become a nuisance to my neighbors and or other tenants.
I have one neighbor whom which I speak to on a daily bases. We have become very close
over the past 3 years of me living at 5 Fairfield st.
The Housing Authority of Cumberland County has paid my rent for the month of
February and my portion is at the court house.
Also, I have not been convicted of anything. The law states that a person is inaccent
until proven guilty.
Jamie Myers
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CIS
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PRAECI I FOR LIS'1VG CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
for trial without a -m'Y
------------------------- - - ---- _----------------------- -------------------- -----
CAPTTON OF CASE (check one}
(extlre caption must be stated in full) ? Civil Action -Law
MILLRACE, LLC and
DARIUS & ASSOCIATES,
(Plaintiff)
VS.
JAMIE L. MYERS,
? Appeal from arbitration
? In Ejectment
(other)
The trial list will be called on
and
Trials commence on
(Defendant) Pretrials will be held on
vs (Briefs are due S days before pretrials
No. 2008-7240 ,Civil -Term
Indicate the attorney who will try case for the party who files this praecipe:
David A. Baric, Esq., 19 West South Street, Carlisle, PA 17013
Indicate trial counsel for other parties if known:
None
This case is ready for trial.
Date: February It 009
Signed: v- v. v -- E' -• -- r v w
Print Name: David A. Baric, Esquire
Attorney for: Plaintif f
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