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HomeMy WebLinkAbout09-1370COMMONWEALTH OF FENNO COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 05 -)37 L afe-r& NOTICE OF APPEAL Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. 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. siynN"of Rolhon gwy orpopAy NOTICE OF APPEAL -x3 C.P.O.J. No. before a Distrid Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Bing the 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.D.J. No. 1001(7) in action betrnre 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 fie a complaint in this appeal Name of eppMN(s) (Common Pleas No. 0 9 f 7 within twenty (20) days after service of rule or suffer entry of judgment of non pros. filu 0 k SOW- ofappM"orNro W-09" RULE: ToA j , 6/4t V/9 (c.IC??L/n(pA appellee(s) Ab= Of apP~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 AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: '20 LC ??sryr,wu?. or vputr YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 This PROOF M UST F FSERME ILED WIH A(OTICE OF APPEAL AIVD RULE TO FILE COMPLAINT ( proof of seiv TEN (t0) DAYS AFTER filing of the notice of appeal. Cher* '*plica a boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that 1 served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service 0 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 2Q Signature of official before whom aA9devo was made Tithe Of OA9ciat My commission expires on N -? r Gk.. i cfi, v 20 I Signature ofaffiant COMMONWEALTH OF PENNSYLVANIA roi INTY OF- CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-1-01 CHARLES A. CLEMENT, Address: 400 BRIDGE ST OLDS TOgNE COMMONS NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 JR -SUITE 3 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rCRIBARI, SALVATORE/LINDA 1312 WELL DR CAMP HILL, PA 17011 L VS. NAME and ADDRESS I DEFENDANT: 5LBERTO GZSIIALDO, 110 OLD YORK RD BROTHERS PIZZA 7 I!= CUMBERLAND, PA 17070 J ALBERTO A88IIALD0 110 OLD YORE RD Docket No.: LT-0000085-09 BROTHERS PIZZA Date Filed: 2/09/09 NEN CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ? CRIBARI, SALVATORE/LINDA Judgment was entered against ALBUM OEOVALDO in a ® Landlord/Tenant action in the amount of $ 4,581.24 on 2/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 793.20 Total Amount Established bj yeg 06ess • Security Depos;9Apli d 0 - Adjudicated m 80 56 Rent in Arrears $ $ $ . Physical Damages Leasehold Property $ 4,374.94- $ .00 = $ 4,374.94 Damages/Unjust Detention $ _ 00 - $ _ 00= $ -00 ;Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ _on LIT Judgment Amount $ 4s431.74 ? Attachment Prohibited/ Judgment Costs $ 149.50 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 ? This case dismissed without prejudice. Total Judgment $ 4,581.24 ?Z Possession granted. Post Judgment Credits $ Post Judgment Costs $ ? ranted if mone Possession jud ment is no satisfied Certified Judgment Total time o eviction $ g y g y . ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. 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 JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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. FEB 2 3 2009 Date L. f? L( , Magisterial District Judge ceRilly- a Is is a true an correct copy o the recur o the proce rags containing a Judgment Date , Magisterial District Judge My commission expires first Monday of January, 2014 • SEAL ET AL. . COMMONWEALTH OF PENNSYLVANIA r01INTY 0F- CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CL8MZXT, JR Address: 400 BRIDGE ST OLDE T011INE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 ALBERTO GESUALDO 110 OLD YORE RD BROTHERS PIZZA NEW CUMBERLAND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS SALVATORE/LINDA I-CRIBARI , 1312 NELL DR CAMP HILL, PA 17 011 L -? VS. DEFENDANT: NAME and ADDRESS IMMTO GESUALDO, ET AL. 110 OLD YORK RD BROTHERS PIZZA I!= CUMBERLAND, PA 17070 J Docket No.: LT-0000085-09 Date Filed: 2/09/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) CRIBARI, SALVATOR3/LIMDA Judgment was entered against ARNALDO GESUALDO in a ® Landlord/Tenant action in the amount of $ 4,591.24 on 2123/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 793.20 = Total Amount Established by h4PJ Less • Security Depositt 3. 1!I2 Rent in Arrears $ 850.00 - $ 7 = Physical Damages Leasehold Property $ 4,374.94 Damages/Unjust Detention $ _00- Less = Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Irri 3t0 $ 6 $ 4,374.94 $ _00 $ _00 $ _00 $ 4,431_74 $ 149.50 $ _00 $ 4,581.24 ? 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. FEB 2 3 2009 Date , magisterial District J certify a Is is a true an correct copy o e record o e proceedings containing a Judgment. Date , Magisterial District J My commission expires first Monday of January, 2014. SEAt_ - COMMONWEALTH OF PENNSYLVANIA rrnl IIVTV nF• CMMZRLAW Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHART .1R0 A. CLEM=, JR Address: 400 BRIDQG$ ST OLDS TOIfl1H COMOMS -SQITZ 3 NZN COMIRLAND, PA Telephone: (717 ) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAMEandADDRESS rCRIBARI, SALVATORH/LINDA 1312 WILL DA CAM HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rAM MTO G IRSUALDO , ZT AL. 7 110 OLD YORK RD BROTHERS PIZZA I!= CUMBZRLAIM, PA 17070 ALBERTO AESIIALDO 110 OLD YORK RD Docket No.: LT-0000085-09 BROTBERS PIZZA Date Filed: 2/09/09 1REN Cpl?ERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P NTIirir ® Judgment was entered for: (Name) CRISARI, SALVATORE/LXZDA Judgment was entered against M[ILA G IXOVALDO ° in a ® Landlord/Tenant action in the amount of $ 4,581 24 on 3/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 793.20 Total Amount Established by ?IEJ ess • Security Deposit hpli Rent in Arrears $ 850.0 - $ 793.2 = Physical Damages Leasehold Property $ 4,374,94- $ .00= Damages/Unjust Detention $ -nn - $ -00= 'Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ® Possession granted. Total Judgment 6 Adjudicated nnt $ 4,374.94 -00 $$ .00 $ _eo $ 4,431_74 $ 149.50 $ _00 $ 4,581.24 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is no sa Isle y time o eviction. Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS, FILED. 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. FIB 2 3 2009 s a true and correct copy Date isterial District J , Magisterial District J Mu rnmmiscinn pxnirps first Mnndav of Januarv. 9nl A. QFAI Q- m +;', F t• a _ m Postage $ zt, Certified Fee ru O Return Recelpt Fee 4 (Endorsement Required) Q Restricted Delivery Fee (Endorsement Required) CO .A Total Postage & Fees $ ru S@nt T Vic;Jc °i r- 3&VAr0W /L•N?A 0 Street, Apt No.; C3 or PO Box No. 1312 Leal C- ---•--°---------------- cy ware. zrP+CArIP N /G( ._ ---------- 174 d" > PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITMI`,i TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF s? yhA3S2LA - ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal Common Pleas 07-1370, upon the District Justice designated therein on (date of service) 20 C) 0) by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 3/1 0(, 200 ? by personal service by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) AFFIRMED) N SUBSCRIBED BEFORE ME THt :jp" 20_x. n ure of Qfik q! before w om alfid vit was made Te*ofofthit W ; My commis 20 NO Y PUBLIC CMI E , dCOUNTY COURTHOUSE W COM MSSION EXP*S JANUARY 4, 2010 Signature of af>lant z V-- t f . ? t P ?.. cr, COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. hw ° f 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. e This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Si 01-dAroMonotvy-Deputy C.' I was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Ifling the of APP L. pp,??P'RAE``C``IPE TO ?NTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect 1&W6N wnwat p? 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 aAwl"(a) / 7 Ii (Common Pleas No. QQ ! !3 f0 <.i'-,, 6 within twenty (20) days after service of rule or suffer entry of judgment of non pros. SigmUo ofappelm# or anwwy or agog RULE: To ?A (214 SA L ?A (zl r /-114DA , appellee(s) Ns" Of aAWNee(a) (1) You are. that a rule is hereby entered upon you to file a complaint in this appeal within twenty J20) days after the date of service of this rule u, 16ii-q u by pal l service or by certified or registered matt. ',. ,? / %' (2jfA iyo k d0 not file a caa? within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. t j? he date of service of t' W"f lp if service was by mail is the date of the mailing. x Date ?ra{j 1jl , 20 E... '? { ? .wp ??„ , , € sipnataxt orhodianat YOU`AMT INCLW CQI Y OF THE NOTICE OF JUDG ENTITRANSVIIIPT 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 IUSTICE SALVATORE M. CRIBARI And LINDA C. CRIBARI, Plaintiffs VS. ALBERTO GESUALDO, EMILIA GESUALDO And ARNALDO GESUALDO, Defendants COMPLAINT 4w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 09-1370 CIVIL TERM AND NOW COMES, Plaintiffs, Salvatore and Linda Cribari, and files the foregoing Complaint and in support thereof, aver the following: 1. Plaintiffs, Salvatore and Linda Cribari are married adult individuals residing at 1312Well Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants, Alberto Gesualdo, Emilia Gesualdo and Arnaldo Gesualdo are a family of adult individuals residing at 475 Princeton Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. On August 12, 2005, the Plaintiffs and Defendants entered into a Residential Lease Agreement and Defendants took possession of a residential rental property owned by Plaintiffs and located at 523 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070 ("The Property"). A copy of the Residential Lease is attached hereto as Exhibit "A". 4. On August 12, 2005, Plaintiffs and Defendants did a walk-through of the property located at 523 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. A Move-In and Move-Out Inspection form was provided to the Defendants listing existing defects of "The Property". After the walk- through, the Defendants signed the Move-In and Move-Out Inspection form without noting any additional property defects. A copy of the Move-In and Move-Out Inspection form is attached hereto as Exhibit "B". 5. On September 3, 2008, Plaintiffs received from Defendants a 60-day written notice dated August 30, 2008 indicating they would be moving out of "The Property" on October 31, 2008. A copy of the 60-day notice is attached hereto as Exhibit "C". 6. On November 1, 2008, Plaintiffs checked "The Property" and noted Defendants had not completely removed all of their personal furniture and other items. The Plaintiffs contacted Defendants by telephone and made arrangements for Defendants to remove their remaining personal possessions. Defendants arrived on the afternoon of November 1, 2008 and removed their remaining personal possessions. 7. On November 25, 2008, Plaintiffs prepared and mailed to Defendants the required Itemized List regarding the retention of Defendant's Security Deposit ("Damages List"). The "Damages List" was mailed to Defendants at their residence address, 475 Princeton Road, Harrisburg, Dauphin County, Pennsylvania 17011 by Certified Mail Return Receipt Requested. The "Damages List" indicated a balance due and owing to Plaintiffs by Defendants in the amount of $4,009.00 to be paid by December 10, 2008. The Certified Mail Receipt was signed by Defendants on December 1, 2008. A copy of the "Damages List" and Certified Mail Receipts are attached hereto as Exhibit "D". 1 IY.?k- 8. On January 8, 2009, Plaintiffs prepared and mailed to Defendants an "Amended Damages List" by First Class Mail. The "Amended Damages List" indicated a balance due and owing to Plaintiffs by Defendants in the amount of $6,031.74 to be paid by January 21, 2009. A copy of the "Amended Damages List" is attached hereto as Exhibit "E". 9. On February 9, 2009, after several conversations with Defendant's representative in an unresolved attempt to settle the pending matter of money owing for damages to "The Property", Plaintiffs filed a Landlord and Tenant Complaint ("The Complaint") in Magisterial District Court Number: 09-1-01, The Honorable Charles A. Clement, Jr., Olde Towne Commons, 400 Bridge St., Suite #3, New Cumberland, Cumberland County, Pa. 17070. "The Complaint" requested the cost for damages to real property, "The Property", in the amount of $6,031.74 together with costs. A copy of "The Complaint" is attached hereto as Exhibit "F". 10. On February 19, 2009 at 3:15 PM, a hearing was held in District Court 09-1-01, 400 Bridge St., Olde Towne Commons, Suite #3, New Cumberland, Cumberland County, Pa. 17070 before The Honorable Charles A. Clement, Jr. A Copy of the Hearing Notice is attached hereto as Exhibit I V% 11. On February 23, 2009, The Honorable Charles A. Clement, Jr. issued Notices of Judgment/Transcript Residential Lease in favor of the Plaintiffs for the amount of $4,581.24 to be paid by the Defendants. Copies of the Notices of Judgment/Transcript Residential Lease are attached hereto as Exhibit «H„ WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment against Defendants jointly and severally for damages to residential real property, "The Property", plus costs of this action, interest, and other relief which this Court may deem appropriate. Respectfully submitted, SALVA RE M. CRIBARI LINDA C. CRIBARI 1312 Well Drive Camp Hill, Pennsylvania 17011 Telephone: 717-763-1855 2 W- * VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. Dated: o2?`j ?2 ?0 y SALVATORE M. CRIBARI 3 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. DatedAWL ` LINDA C. CRIBARI 4 RESIDENTIAL LEASE-* r-A(L)--P'A PLAIN LANGUAGE LEASE THIS IS A RESIDENTIAL LEASE, WRITTEN IN PLAIN LANGUAGE. THIS IS A LEGAL AGREEMENT BETWEEN THE TENANT AND THE LANDLORD. READ THIS LEASE CAREFULLY BECAUSE TENANT GIVES UP CONSUMER RIGHTS. IF TENANT DOES NOT UNDERSTAND ANY PARTS OF THIS AGREEMENT, SEEK THE HELP OF AN ATTORNEY BEFORE SIGNING. 1. DATE OF LEASE: Day 12 Month AUGUST Year 2005 2. PARTIES TO LEASE AGREEMENT: TENANT: Name ALBERTO GESUALDO. ARNALDO GESUALDO and EMILIA GESUALDO Work Phone 717-7744600 Home Phone 717-691-8433. LANDLORD: Name Salvatore M. Cribari and Linda C. Cribari Home and Business Phone 717-763-1855 3. PROPERTY ADDRESS: Landlord agrees to rent to Tenant the following Property 523 MARKET STREET, NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA 17070-1943 4. TERM OF LEASE: Two (2) Years. START DATE, This Lease starts on Day 12 Month August Year 2005 AT 11:00 A. M. END DATE: This Lease ends on Day 30 Month September Year 2007 AT 11:00 A. M. 5. RENEWAL TERM: This Lease will automatically renew for continuous and consecupve terms of Two (2) calendar months at the Ending Date unless: A. Tenant gives Landlord Sixty (60) days written notice before Ending Date or before the end of any Renewal Term, OR B. Landlord gives Tenant Sixty (60) days written notice before Ending Date or before the end of any Renewal Term, OR C. Landlord and Tenant negotiate a new lease and terms at the Ending Date, or before the end of any Renewal Term. D. Tenant may not move out during the months of November, December, January, or February. If tenant must move out during these months for any reason, tenant must give Sixty (60) days written notice as described in A, and tenant must pay an extra months rent along with the written notice. E. A calendar month is 30 days except February which is 28 days. F. Tenant agrees that a full month's rent is due for any month in which there is partial occupancy. 6. RENTAL AMOUNT: A. The rental amount due and payable in advance monthly is 80 A0 ent is due on or before the Ist day of each month. B. Tenant agrees to be charged a late charge of 10% if full rent payment is more than Three (3) calendar days late equal to $80.00. C. Landlord's acceptance of the late charge does not waive Tenants obligation to pay on time. D. Tenant agrees to make akrent payments and other charges payable to: SA,LVATORE M.. CRIBARI and Mail or deliver to: 1312 WELL DRIVE, CAMP HILL PA, 17011 1233, or at such place as the Landlord may request. E.- Avoid late charges. Mail refit payment at least Three (3) days before it is due to be sure Landlord receives it by the due date. F. Tenant agrees to pay a;Twenty Five $25.00 fee plus, any bank charges for any check that is returned by any bank for any reason. 1. USE OF PROPERTY AND AUTHORIZED OCCUPANTS: A. Tenant agrees to use Property as a residential dwelling only. Tenant agrees not to use the Property for commercial uses. B. Tenant agrees not to use the Property for any unlawful or illegal purpose. C. Not more than Four (4) people will live on the Property. List all names here: ALBERTO GESUALDO. ARNALDO GESUALDO and EMILIA GESUALDO. D. Guests are permitted. A guest is a visitor for two (2) weeks every six months, or for any other period of time the law allows. TRANSFER AND SUBLEASING: A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with new Landlord. B. Tenant agrees not to transfer this Lease or sublease (rent to another person) this Property without Landlord's written permission. RENT INCREASE: A. Landlord may increase the rent by giving written notice to Tenant. B. Landlord will give Tenant written notice of rent increase. The written notice will be given at least thirty (30) days in advance of the first day of the month in which the increase is due. C. Rent increases will take effect unless Tenant ends the Lease as provided in paragraph #5 (Renewal Term), within Ten (10) days of the notice from Landlord. it Tenant Tenant Landlord Landlord Page I of 6 10. UTILITIES AND SERVICES: A. LANDLORD agrees to pay for the following utilities: Trash removal, and Sewer up to 4,000 gallons of water consumption. B. LANDLORD agrees to provide the following services: 1. FURNACE: Annual furnace cleaning 2. Landlord will pay tenant for oil remaining in the oil tank when tenant moves out. C. TENANT agrees to pay for the following utilities: Electric, heat, water, telephone, TV cable, gas and heating oil. OIL: Tenant must keep 50 gallons (approximately- 1/4 tank) of ol( In the oil tank at all tithes, Tenant must pay 5390.00 for oil in the oil tank when lease is signed. D. TENANT grees to provide the following services: 1. COST of any and all repairs when the cost of each repair is less than $25.00. 2. SNOW and ICE removal from deck, porch, sidewalk, and parking spaces. 3. DEBRIS (trash, paper, cigarette butts, junk, etc.) Removal from around outside area of property. 4. LAWN CARE: Tenants agree to maintain the existing grass and landscaping by weeding, fertilizing, mowing, and shaping it as necessary. Tenants agree to supply all equipment used for this maintenance. Tenants agr to store and handle all gasoline, oil and other landscaping chemicals in a responsible manner. Tenant's Initials ?- 11. APPLIANCES INCLUDED WITH PROPERTY; A. The following is a list of personal property of the Landlord included with the Property. Refrigerator and Electric'Range. These items are provided for Tenant's use. Landlord is responsible for the repair or replacement of these items. B. Tenant agrees to tell Landlord if any of these items are not working properly. Landlord has the right to decide whether to repair or replace the item. 12. DISCLOSURES: A. Lead Based Paint Disclosure: Building was built before 1978. The attached Lead-Based Paint and Lead-Based Paint Hazards Disclosure regarding the property is made a part of this lease. B. Radon Gas Disclosure: Landlord has no knowledge of the absence or presence of Radon. 13. SECURITY DEPOSIT: A. Tenant agrees to pay the security deposit of 800.00 when Lease is signed and take possession of Property. B. Tenant provides security deposit as a guarantee for performance of the terms of the Lease. C. Tenant agrees not to use security deposit as rent payment. D. Tenant is not entitled to any earned interest on the security deposit for the first two (2) years of the Lease. E. At the end of the second year (if Tenant continues to lease Property), Landlord must deposit the security deposit in an escrow account (bank account) that earns interest. Tenant is entitled to interest earned on the security deposit less one percent 1% Landlord is allowed to keep one percent 1% of the interest for handling. F. Tenant agrees to give Landlord a written forwarding address and return all keys before moving from the leased property. Failure to do so will allow Landlord to keep Tenant's security deposit in full. G. Landlord agrees to prepare a list of charges for damages beyond normal wear and tear and unpaid rents. Landlord may deduct these charges from the security deposit. Landlord will deduct rent, and other charges first and damages last. If the amount of the damages and unpaid rent goes over the amount of the security deposit, Tenant(s) is responsible for paying the extra amount. H. Landlord agrees to return security deposit, plus any interest due Tenant, minus any charges to Tenant, within thirty (30) days of Tenant's moving out of the Property. 1. RIGHT TO ENTER: A. Tenant agrees to let the Landlord or Landlord's representatives enter the Property at reasonable hours to inspect, to repair, or to show the Property to possible buyers and possible Tenants. B. Landlord or Landlord's representative will give Tenant reasonable advance notice of date and time for the visit. C. In case of emergency, Landlord or Landlord's representatives may enter the Property without notice to Tenant, SPECIAL CLAUSES: A. Tenant Agrees to leave the following items clean when moving out of Property: appliances, kitchen cabinets, bathroom, walls, woodwork, wall trimming, floors, doors, closets, windows, carpet, etc. (See Security Deposit Refund Guidelines Sheet.) B. Tenant agrees that Landlord will have the carpet shampooed and charge Tenant $105.00 plus tax. Tenant Tenant Landlord Landlord Pa e 2 of 6 r g 16. INSURA'N'CE: A. Tenant agrees to have fire and liability insurance (renter's insurance) for the entire term of occupancy. B. Tenant agrees to provide Landlord with a copy of their renter's insurance policy. C. Landlord's insurance does not protect or cover Tenant's liability, or any loss, damage, or destruction to Tenant's personal property. D. If Tenant's actions cause an increase in Landlord's property insurance, Tenant will pay the amount of the increase. 17. LANDLORD'S RESPONSIBILITIES: A. Landlord agrees to: 1. Keep the Property and common areas in reasonable condition and as required by law. 2. Bz responsible for all repairs to the exterior and interior of the Property, including heating, mechanical, plumbing, and electrical facilities, Except as listed in paragraph #10, C and D (Utilities and Services). 3. Supply utilities and service as listed in paragraph #10, A and B (Utilities and Services), unless the utilities or services are interrupted by circumstances beyond the Landlord's control. 4. Pay all taxes, assessments,. building insurance, Mortgages, and utilities that are Landlord's responsibilities. B. Landlord will not: Pay the cost of any repairs necessary because of the Tenant, Tenant's family or guests' willful, careless, or unreasonable behavior. 18. TENANT'S RESPONSIBILITIES: A: Tenant agrees to: 1. Call the Landlord for assistance when locked out of the Property. 2. Tell the Landlord immediately of any repairs needed. 3. Pay to repair any damage to the Property that Tenant, Tenant's family or guests' cause by their willful, careless or unreasonable behavior. 4. Keep the Property clean and safe. No accumulation of Junk on the property. 5. Keep carpeting and vinyl flooring cleave, and free of stains and amage. 6. Get rid of all trash, garbage and any other waste materials as required by Landlord and the law. 7. Provide their own trash containers. 8. Put ordinary household trash into trash containers for periodic collection. Tenant's unusual household trash, such as Christmas trees, damaged furniture, broken appliances, etc. must be compacted to fit inside their trash container; or Tenant must haul the item(s) to the dump, or pay someone to take them away. 9. Use care when using electrical, plumbing, mechanical facilities, or appliances on the property. 10. Turn off all outside water spigots at inside valve by October 1st each year to prevent water pipes from bursting. 11. Pay the cost of all utilities and services, including any late charges and penalties as listed in paragraph #10, C and D (Utilities and Services), when due and on demand. 12 Maintain and test regularly all smoke detectors on the Property. 13, Notify: Landlord if any smoim detector is not working. 14. Notify Landlord when Tenant plans to be absent from the property for more than five (5) days. 15. Return the Property to its former condition or better, at the termination of the Lease, except for ordinary wear and tear. 16. Return all door keys when moving out of Property. 17. Pay for the cost of plumbing repairs when damages are caused by Tenant's, or guest's carelessness or neglect. B: Tenant agrees not to: 1. Disturb the peace and quiet of other tenants. 2. Store any flammable, hazardous, or toxic chemicals or substances in or around the leased premises. 3. Destroy, deface, damage, or remove any part of the property or grounds. 4. Put things such as paper diapers, sanitary napkins, tar lxw, children's toys, wads of toilet paper, hair, grease, oil, coffee grounds, smoking materials, table scraps, clothing, rags, sand, dirt, rocks, or newspapers, in drains or toilets. 5. Make any changes to the property, such as painting or remodeling, without the written agreement of Landlord. 6. Go onto or walk on any rooftops on the property. 7. Change any locks or keys without Landlord's written agreement. EARLY RELEASE: Permission is granted to Tenant to move out early and end this Lease in the following manner. 4. Tenant agrees to give at least thirty (30) days written notice to Landlord by certified mail, return receipt requested. 3. Tenant agrees to include payment in advance by cash, certified check or money order at time of written notice equal to two (2) months rent for debt settlement. Tenant agrees to include payment in advance by cash, certified check or money order at time of written notice equal to three(3) months rent for debt settlement if tenant is moving out during the months of November, December, January, or February. Tenant agrees to pay all ent, late charges, repair bills, and utility bills current to the end of month when moving out. _Tenant Tenant Landlord Landlord Page 3 of 6 20, RULES AND REGULATIONS: A. All Rules, Regulations, and Restrictions established by the Landlord are contained in this Lease. B. Tenant, Tenant's family and guests' agrees to obey the laws of the governing bodies with authority in the region where the property is located and that apply to the Tenant's occupancy and use. C. Landlord cannot change the Rules and Regulations unless the change benefits or improves the health, safety, or welfare of Tenant and others, or if change is to protect the interest of Landlord's property, or the law. D. Tenant, Tenant's family, and guests' agree to comply with the rules and regulations pertaining to occupancy of the Property, as listed below. 1. Tenant, Tenant's family and guests' agree not to disturb the peace of other tenants and neighbors. 2. Tenant, Tenant's family and guests' agree not to bring or keep pets on the property, not even temporarily, without Landlord's written agreement. Tenant agrees to pay additional rent of $100.00 a month for each pet kept on the property without Landlord's written agreement. 3. Tenant agrees to pay additional rent of $75.00 a month for each person living on the property and not listed on the lease. 4. Tenant agrees not to keep any liquid filled furniture, such as water beds, on the property without Landlord's written agreement. 5. Tenant agrees to call Landlord to unlock door(s) when locked out of the property. 6. Tenant agrees not to use kerosene heaters, oil filled heaters, or space heaters on the property. 7. Tenant, Tenant's family and guests' agrees not to wash cars or water lawns with water Landlord provides. 8. Tenant agrees not to make holes in doors, windows, wood trim or walls: Tenant agrees not to use adhesive hangers or wall coverings on walls. Tenant agrees to hang items on plaster walls with small picture hooks. 9. Tenant is responsible for trash removal around the outside of building. Examples: Leaves, Cigarette Butts, Bottles and Cans, and other Trash blown onto property by wind. 10. Tenant, Tenant's family and guests' will keep the property in clean and safe condition. Tenant is responsible for snow and ice removal from porch, deck, sidewalk, and parking spaces. Nothing may be kept or stored in front or on sides of Townhouse, except snow shovels during the winter season only. 11. Tenant agrees not to make alterations to the Property, such as plumbing including shower head, electrical, masonry, carpentry, hardware, change locks or install additional locks, without written agreement of Landlord. Tenant will pay Landlord $15.00 for each lock change. 12. Tenant agrees to use hallways, walkways, stairs, stair landings, and entry ways for access to and from the Property. These areas must not be used for children's play areas. Tenant will keep these areas clear of bicycles, trash containers, toys and other items at all times. 13. Tenant agrees to protect his personal property with renter's insurance. Landlord is not responsible for Tenant's liability or any loss, damage, or destruction to Tenant's personal property. 14. These rules and regulations are a part of the lease agreement. The Landlord agrees to end the lease if Tenant breaks any of these rules and regulations. PRIORITY OF LEASE AND SALE OF PROPERTY A. If the Landlord sells the property, the Buyer can end this lease. B. If the Landlord sells the property, he will give the tenant written notice stating the name, address and phone number of the new Landlord and where to pay rent. C. Landlord agrees to inform Tenant if the security deposit is transferred to the new Landlord. If Landlord does not transfer the security deposit, Landlord agrees to return security deposit to Tenant as described in paragraph #13 of this Lease. Tenant ,' enant Landlord Landlord Page 4 of 6 22. FIRE OR OTHER DAMAGES A. If 'he property is accidentally damaged by fire, flood or storm, etc.: 1. Tenant may continue to live in the livable part of the Property and pay a less rent as agreed to by Tenant and Landlord until the damage is repaired; OR 2. Tenant agrees to notify Landlord immediately and must move out within 24 hours, if the property is not livable as certified by an insurance company or government agency. B. Landlord agrees to return any unused security deposit or advanced rent to Tenant, if Lease is ended due to the above circumstances. C. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant agrees to continue to pay rent, even if Tenant cannot live in the Property. 23. NOTICE TO END LEASE A. After "Tenant or Landlord has given written notice to end this Lease, Tenant agrees to allow Landlord to show property to possible Tenants or Buyers. Tenant agrees to allow showings of property to possible Tenants, or buyers during reasonable hours and with advance notice. B. The ending date is on the 301h day of any month, except in February it will end on the 28'h day. C. Landlord may put up "For Sale," or "For Rent" signs on the Property. D. Tenant agrees to move out peacefully when Lease is ended, or when judgment is entered for possession (eviction). E. If Tenant leaves anything on the property after moved out, Landlord will remove and dispose of furniture and other items left behind. Tenant can be charged for the disposal of any items left on the property. F. Tenant agrees that a full month's rent is due in any month where there is partial occupancy. 24. IF TENANT BREAKS LEASE: A. Tenant breaks this Lease if: I . Tenant does not pay rent or other charges when due. 2. Tenant leaves Property permanently before the end of this Lease. 3. Tenant does not move out when supposed to. 4. Tenant fails to obey any of the terms agreed to in this Lease, Rules and Regulations. B. Tenant specifically gives up the right to thirty (30) days, fifteen (15) days, or ten (10) days notice to move out, as required by the Landlord and Tenant Act of 1951, P.L. 69, No. 20. Tenant agrees to a twenty-four (24) hour written notice to move out for Non-Payment of Rent, and Ten (10) days written notice to move out for Other Lease Violations. C. Noh-ravment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord can sue Tenant for any unpaid rent or other charges. Landlord will give` Tenant a twenty-four (24) hour written notice prior to filing s lawsuit. If Tenant has not paid all balances due before the twenty-fifth (25t) hour after Landlord's written notice, Landlord will file a lawsuit for a money judgment against Tenant, evict Tenant, and take back possession of the property. D. If Tenant leaves anything on the property after judgment is entered for possession (evicted), Landlord will remove and dispose of furniture and other items left behind. Tenant can be charged for the disposal of any Opis left,oft the property.; E. Otherr l<..,ease Violations: If Tennant breaks any other term of this Lease; Landlord will give Tenant written, notice describing the violation, and Tenant will have ten (10) days to correct the problem. If Tenant does not correct the problem before the?eleventh (I Ith) day after the Landlord's notice, Landlord can file a lawsuit to evict the tenant, and take back possession of the Property. F. If Tenant leaves anything on the property after judgment is entered for possession (evicted), Landlord will remove and dispose of furniture and other items left behind. Tenant can be charged for the disposal of any items left on the property. G. If Tenant Breaks Lease for any Reason, Landlord may: 1. File a lawsuit for a money judgment, eviction of Tenant and return of the Property. The lawsuit against the Tenant will include all legal fees, filing fees, attorney's fees, all court costs, reasonable costs to the Landlord, including a re-renting fee. 2. Include in the lawsuit against Tenant all rents and charges unpaid, and rent charges for the balance of the Lease Terms, and costs of any physical damages to the Property. 3. Keep Tenant's Security Deposit, other deposits, interest, and any prepaid rents, IF unpaid rents, charges, fees and damages are equal to or more than their total. 4. Each Tenant is responsible to Landlord for all of the agreements of this lease. For example, if the rent is not paid, Landlord can sue All the Tenants Jointly for any unpaid rent; or Landlord can sue Any One (1) Tenant Separately for all unpaid rent. WORTGAGE LENDER .,andlord may have a mortgage on the Property. If so, Landlord agrees to make the mortgage payments. (Example: If Landlord fails to lake mortgage payments, the mortgage lender could take the Property and End this Lease.) TENANT AGREES THAT IF THERE A FORECLOSURE, A NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. V,- Tenant Tenant Landlord Landlord Page 5 of 6 26. TENANT INSPECTION Tenant has inspected the property and agrees it is in good and clean condition, free of defects, except as might be noted on the "MOVE-IN AND MOVE-OUT INSPECTION" form. 27. PETS POLICY: A. NO DOGS ALLOWED. B. Tenant, Tenant's family and guests' agree not to bring or keep pets on the property, not even temporarily, without Landlord's written agreement. C. If pet(s) is found on the property Landlord will charge $404,00 to Tenant for each pet plus a rent increase of $100.00 a month for each pet kept on the property without Landlord's written agreement. D. "Pets" includes, but is not limited to, both warn and cold blooded animals, such as cats, fish, hamsters, rats, birds, snakes, lizards, and insects. E. If a pet is allowed, it must be neutered/spayed and de-clawed and kept under control at all times. Property must be kept clean and sanitary, free of pet odors, and pet hair. Pet must be litter trained. Litter boxes must be cleaned frequently. No loud noises. Not allowed to run freely on other Tenant's or Neighbor's property. F. Tenant agrees to pay $400.00 one time fee for each pet kept on the property. Fee is not refundable. G. If pet is allowed, pet application with Landlord's approval must be attached to lease. 28. AGREEMENT A. This Lease contains the complete agreement between the Landlord and the Tenant. The terms and conditions of this Lease Agreement can only be changed in writing and signed by the Landlord and Tenant. Each Tenant signing this lease assumes full responsibility for all the terms and conditions in this lease. B. If it is found that any part of this lease is void because of any law, it will void only that part and not the entire lease. 29. NOTICE BEFORE SIGNING THIS LEASE IS A LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE. IN SIGNING THIS LEASE, TENANT CONFIRMS THAT THEY HAVE A' COMPLETE UNDERSTANDING OF THIS LEASE. TENANT ALBERTO 6ESUALDO DATE "ENANT ARNALDO GESUA O DATE ?F-W?-t_ -os LANDLORD Salvatore M. Cribari DATE a I (Win's ? LANDLORI? Linda C. Cribari DATE ANT EMILI T SUALDO DATE Tenant Tenant Landlord Landlord Page 6 of 6 JUEAD-BA.SED'PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE Property Address:_ 523 Market Street, New Cumberland, PA 17070-1943 Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting a pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the housing. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Landlord's Disclosure Initial 0(a) Presence of lead-based paint or lead-based paint hazards (check one below): ? Known lead-based paint and/or lead-based paint hazards are present in the housing (explain) E Landlord has no knowledge of lead-based paint and/or lead based paint hazards in the housing. (b) Records and reports available to landlord (check one below): .4=0 ? Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents) - P r ® Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Tenant has received copies of all information listed above. Tenant has received the pamphlet "Protect Your Family from Lead in Your Home. Certification of Accuracy "he following parties have reviewed ah the information disclosed above and certify to the best of their knowledge" that ie information provided is true and accurate. ;4&W 4 r cant Alberto Gesu do Date Lan lord Salvatore M. Cribari Date A Ia-os" d C4, , 14 it Amaldo Gesualdo Date Landlord Linda C. Cribari Date Emilia Gesu SALVATORE M. CRIBARI LINDA C. CRIBARI 1312 WELL DRIVE CAMP HILL, PENNSYLVANIA 17011-1233 TELEPHONE (717) 763-1855 September 25, 2007 ALBERTO GESUALDO, ARNALDO GESUALDO and EMILIA GESUALDO 523 Market Street New Cumberland, Pennsylvania 17070 RE: Rent Increase. Dear Gesualdos: As you are aware, the cost of living continues to increase. Our living expenses as well as the operating expenses on our rental properties have increased in past years and this year. Therefore, raising the rent is necessary to continue to maintain quality townhouses. Your current monthly rent will increase by $25.00, which is an increase of just under 3.5% of your current rent amount. On November 1, 2008 your rent will increase from $800.00 to $825.00 per month. Because we value you as a tenant and want you to stay with us, your new monthly rent is still below current market values. PLEASE ATTACH THIS LETTER TO YOUR LEASE. Very truly yours, Salvatore M. & Linda C. Cribari Landlords E A, b,4--"R,, MOVE-IN AND MOVE-OUT INSPECTION CHECKLIST FOR USE BY THE TENANT AND LANDLORD Tenant's Name: ALBERTO GESUALDO ARNALDO GESUALDO & EMILIA GESUALDO Date: August 12, 2005 Property address: 523 MARKET STREET, NEW CUMBERLAND, PA 17070-1943 CHECK - IN GOOD CONDITION ------------------- NEED OF REPAIR / COMMENTS LIVING ROOM: Doors & mini blind Windows Ceiling/ Paint Walls/ Paint Freshly Painted Floors Carpet Freshly Cleaned _ Electrical Fixtures Foyer Drop ceiling & tiles Cable Jack Wood trim: Doors, Windows & Walls KITCHEN: Doors Phonejack Drop ceiling & tiles Walls/ Paint Freshly Painted Floor/ Vinyl Vinyl floor is in fair condition. Electrical Fixture Cabinets Range/ Oven Range Hood Refrigerator Sink & faucet Missing hot water cap on the knob. Plumbing/ Pipes Countertop Has 3 scrapes Other BREAKFAST ROOM Window Drop ceiling & tiles Walls / Paint Floor / Vinyl Freshly Painted Vinyl floor has a hole approx 1/2" wide. Electrical Fixture BEDROOM 1"FL Doors Windows Screen has a slash. Drop ceiling & tiles Walls/ Paint Freshly Painted Floors Carpet Freshly Cleaned Electrical Fixture Closet Wood trim: Doors, Windows & Walls Other _ ? 7 Tenant ? -Tenant Tenant : LandlordN ., Landlord ? Page 1 of 4 CHECK -.dN GOOD CONDITION NEED OF REPAIiR ! CC1N":V,TENTS LANDING/STAIRS Ceiling/ Paint Freshly Painted Walls/ Paint Freshly Painted Stairs/ Landing Carpet Freshly Cleaned Electrical Fixture Banister _ REC-ROOM I" FL Doors Windows Drop ceiling & tiles __- Wall Paneling 2 bad pieces of wall paneling. ,--_ Floor/ vinyl Vinyl floor is in fair condition. __- Storm door Electrical Fixture Closet Inside closet has 2 holes on paneling; and 1 hole in ceiling tile. - Wood trim: Doors, Windows & Walls Phone jack Cable wires Other BEDROOM 2 fl Door Window Drop ceiling & the _ Walls/ Paint Freshly Painted Floor Carpet Freshly Cleaned - - - Electrical Fixture _-_ _ _ Wood trim: Doors, Windows & Walls BEDROOM 2 FL Door Windows Drop ceiling & the -„ Walls/'Paint Freshly Painted Floor Carpet Freshly Cleaned Electrical Fixture Wood trim: Doors, Windows & Walls _ Cable wire - - - Other _ _ _ BATHROOM 2 fl --- Doors - - - Window _ _ _ Ceiling/ Paint Freshly Painted Walls/ Paint Freshly Painted Floor / Vinyl Vinyl floor has stains. Electrical Fixture Bathtub/ Shower Bathtub faucet missing cap on the knob. Sink/ Faucet Vanity & Mirror Bottom drawer has stains. Toilet & Tank Tank lid has a line crack approx. 5" long. Plumbing/ Pipes Shower Head Shower Curtain Rod Linen Closet Clothes Closet _ Vinyl floor has ange stains. Tenant A 6? Tenant Tenants J Landlord - - %- Landlord Page 2 of 4 CHECK - IN GOOD CONDITION NEED OF REPAIR ! COMMENTS BATHROOM 1 t fl Door Vanity & Mirror Sink/ Faucet Floor / Vinyl Electrical Fixture Shower Stall Left shelf has a stain. Shower Head Shower Curtain Rod Toilet & Tank Plumbing & Pipes Walls/ Paint Freshly Painted Ceiling/ Paint Freshly Painted Other BASEMENT Doors Cement Floor Ceiling and walls Furnace & oil Tank Water Heater Ducts Has a dent approx 5" wide. Plumbing & Pipes Electrical & Fixtures Laundry Room Bilco door & Steps Water Meter Cable wires 8 House support jacks Stairway to 1St floor. ATTIC Door 2 Vents windows Ceiling/ Panels Wall Paneling Floor & Carpet Electrical Fixture Wood trim: Ceiling & Walls Phonejack OTHER Light Fixtures NF- Heating System Heat registers Thermostats Door Locks Window Locks Outside Back Outside Front Siding Water Heater Smoke Detectors 2 Mail Box Window Screens Rodents/Cockroaches None Crawl Space Outside Deck Attic 16- ? Tenant Tenant Landlord >gV Landl9rd V Page 3 of 4 Tenant iCHECI? - IN GOOD CONDITION NEED OF REPAIR/ COMMENTS Oil Tank Reading: 3/4 Full I Water Meter Reading N/A NOTES: This Townhouse is in good condition. Tenant will return the property to its former condition or better, at the termination of the lease except for ordinary wear and tear. Tenant has inspected the property and agrees that it is ingood and clean condition, free of defects, except as noted above. (See Comments and notes) TENANT SIGNATURE ALBERT GESU O DATE TENANT SIGNATURE ARNALDO GESU DO p' DATE E TENANT SIGNATURE LIA G ALD4 DAVE Tenant 1? Tenant Tenant Landlord Landlord Page 4 of 4 ??t(Di F- Yam aLA_A 301- Uri w?? cu AAt 0;4 i?o' yIP V Cn 40 wa.. j ?n? Z Mir .w w? rwr ,r 1 r' e-V f f `O (' N ??f L+L y?.ar` L 2} ExUYD SALVATORE CRIBARI LINDA CRIBARI 1312 WELL DRIVE CAMP HILL, PENNSYLVANIA 17011 PHONE 717-763-1855 November 25, 2008 TO: Mr. Alberto Gesualdo, Mr. Arnaldo Gesualdo and Mrs. Emilia Gesualdo 475 Princeton Road Harrisburg Pennsylvania 17111 RE: RENTAL TOWNHOUSE AT: 523 MARKET STREET, NEW CUMBERLAND, PA. 17070 Security Deposit: $793.20 Damages: 1 Carpet cleaned/shampooed 2 bedrooms, stairs, and attic carpet. $111.30 2 22 Ceiling tiles 2'X4' damaged throughout the house. Shot with BB gun, torn, scraped and water stained. 84.48 3 1St floor bedroom bi-fold closet door is off the rails and the parts needed to put the door back on the rails are missing. 0.00 4 2 windows and sill (stool), filled with some sort of rubber or silicone around bottom sash and stool, taking this rubber or silicone off has left the stool damaged. Cost. 21.25 5 2 toilets and toilet seats damaged. Found coat hanger wrapped around parts, a bunch of string tied around the flapper/flapper chain/flapper hinge, broken lid, and broken parts in one, and the other has a hair line leak, broken flange and plumbing. Cost. 337.08 6 2nd floor bedroom door broken in half and hole at bottom. Same type of slab door was left in basement. Installation cost. 60.00 7 2 Interior door locks damaged. cost 20.08 8 2 Outside doors, stainless steel dead bolts were replaced by the tenant with cheaper type. Cost 47.53 9 The faucet in 1st floor bathroom was replaced by the tenant. It is not the type that we use. Moen or Delta is the type we use. Cost 41.34 10 All heat registers and returns were closed and some were damaged. 0.00 11 Refrigerator: Duct tape was used on the shelves. Air flow knob broken off. 0.00 12 Recreation Room Closet: Found right door knob stripped off. 0.00 13 Flooring: Vinyl floor in 2nd floor bathroom has 4 burn marks approximately 16"diameter. Vinyl floor in kitchen has cuts, scrapes and rips. Vinyl floor in recreation room has holes and cuts and scrapes. Carpet in living room has 8 burn marks and very heavily soiled. 2nd floor bedroom carpet has numerous stains and 26 burn marks. Estimated replacement cost $2,323.48. Depreciation allowance $1,005.82. Vinyl, carpet, and installation cost. 1,317.66 14 Kitchen Peerless/Delta faucet was repaired on February 19, 2008 and was in good condition. Found that faucet is loose from sink, hot waterside was turned off at the valve on the pipe, a wrinkled washer was installed side-ways and chrome hole-cover on sink is rusted. The same washer that was removed during 2/19/08 repair was found back inside the faucet. Cost. 21.00 15 2nd floor bathroom shower head replaced with a hand-held model on a long hose. The hand-held portion was affixed to the shower arm. Installing and using this type of shower has loosened the shower arm and pipes. Every time you turn on the shower, water would drip down onto the 1St floor ceiling, causing mildew damage to the studded wood and ceiling. Valve Body is leaking where the escutcheon screws into it. Valve Body cannot be repaired. New Valve Body must be installed. Cost. 85.35 16 2nd floor bath tub broken at bottom. There was mildew all over bath tub and tub surrounds. No charge for tub surrounds. New bath tub and installation cost. 324.72 17 2nd floor bathroom sink: Found delta chrome pop-up broken. Vanity Formica peeled off on one side. Cost. 5.25 18 2nd floor bathroom vanity plumbing: Found a tooth brush and a 6" steel dental tool in the drain pipe. cost 0.00 19 2nd floor bathroom vanity cove base missing. 0.00 20 Insulation: Tenant has removed spay-on insulation from around the chimney in the attic. Tenant removed insulation from vent in the attic. Tenant also removed insulation from basement Bilco Doors. New insulation cost 14.00 21 Living room: after removing ceiling tiles, plaster ceiling dropped to the floor. Also, in the 1St floor bedroom, after removing ceiling tiles, ceiling dropped to the floor. Also, throughout the house, found 5 holes in walls approximately 21/2 inches in diameter and 2 holes in walls approximately 6 inches in diameter. Repair of 2 ceilings and all holes. Cost. 400.00 22 3 kitchen cabinet doors, the veneer edging is coming off. Cost. 0.00 23 1St floor bathroom vanity/sink: Found chrome sink pop-up dented all the way around, vanity has water stains and veneer is coming off the door. Sink has lots of small chips, scrapes and lines. Shower stall has scrapes at bottom back wall. Cost $445.00 Vanity/sink cost $135.00 Depreciation allowance 50.00. Cost. 85.00 24 2nd floor back bedroom window will not lock. 0.00 25 GE Range: All 4 burner pans rusted, one 8" electric burner damaged, bottom drawer broken. 16.00 26 Kitchen counter top found detached from bottom cabinets. Found screws missing, cabinets were loose from the wall and middle cabinet back was broken. Repair cost. 0.00 27 2 windows have humidity stains inside glass. Argon gas escaped. Windows must be replaced. Cost 445.16 28 Smoke detector 1St floor is broken. 0.00 29 Large snakes and some smaller snakes were kept on the property without landlord's written approval. Lease requires tenants to file pet application and pay fees in the amount of $400.00 for each pet living on the property. ?. 30 HOUSE CLEANING: Removed cob webs throughout the house. Cleaned all receptacle and switch plates, all lights and light covers, walls, banister, grease off walls, nicotine and dirt off windows. Kitchen: Cleaned all grease and finger prints off Inside and outside of kitchen cabinets, counter tops, sink and faucet, walls, ceiling, wood trim, and floor. Living room: Removed ceiling debris, cleaned walls, doors, wood trim, vacuumed floor, and cleaned door and window. Stairway: Cleaned ceiling, walls, wood trim and vacuumed. Bathrooms: Cleaned shower, bath tub, sinks and vanities, doors, toilets, wood trim, closets and walls. (Next ?,??•.? 1St Floor bedroom: Removed ceiling debris, cleaned wood trim, walls, closet and doors. 2nd floor bedrooms: Cleaned doors, wood trim, ceiling, walls, and door, vacuumed both bedrooms, and cleaned 3 windows. Recreation Room: Cleaned all paneling, ceiling tiles, windows, and floor. Attic: Cleaned all paneling, floor, and stairwell. Basement: Cleaned hot water heater, removed cob webs from ceiling, walls, ducts and floor. 1St and 2nd floor: A lot of stains on the walls throughout did not come out. 36 hrs. plus for all cleaning, 540.00 31 Loss of 1 month rent due to excessive cleaning and repair time. 825.00 32 Time to prepare this list for the Gesualdo Family, 12 hrs. 0.00 SUB TOTAL 4,802.20 6% SALES TAX Included SECURITY DEPOSIT -793.20 TOTAL DUE TO LANDLORD $4,009.00 Please pay $4,009.00 by December 10, 2008. Thank you, (Doarestic Mali r For delivery inforrx ?? C3 O COMW Foe I3 C3 ROCIGO a nt Ir M (Enw 0 o (Ead r °ePror'r d o aemerrc ) Regril e ra Toted Puetepe 6 Fees M 13 C3 terto Ai , ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the f(gnt If space permits. 1. Article Addressed to: To; Alberto, Arnaldo & Emilia Gesualdo 475 Princeton Road A. Signature X 0 Agent 0 Addressee B. Received by (Printed Name) C. Date pf Delivery D. Is delivery address different from item 1? ? Yes It YES, enter delivery address below: 0 No 6?' Harrisburg, PA 17111 3. eType Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise O Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes, 2. Article Number 7003 1010 0000 0782 3350 (transfer from service label), Ps Form 3811, August 2001 Domestic Return Receipt 102595-M-M-1035 SALVATORE CRIBARI LINDA CRIBARI 1312 WELL DRIVE CAMP HILL, PENNSYLVANIA 17011 PHONE 717-763-1855 January 08, 2009 TO: Mr. Alberto Gesualdo, Mr. Arnaldo Gesualdo and Mrs. Emilia Gesualdo 475 Princeton Road Harrisburg Pennsylvania 17111 RE: RENTAL TOWNHOUSE AT: 523 MARKET STREET, NEW CUMBERLAND, PA. 17070 Security Deposit: $793.20 AMENDED DAMAGES: See # 20. & 31 1 Carpet cleaned/shampooed 2 bedrooms, stairs, and attic carpet. $111.30 2 22 Ceiling tiles 2'X4' damaged throughout the house. Shot with BB gun, torn, scraped and water stained. 84.48 3 1St floor bedroom bi-fold closet door is off the rails and the parts needed to put the door back on the rails are missing. 0.00 4 2 windows and sill (stool), filled with some sort of rubber or silicone around bottom sash and stool, taking this rubber or silicone off has left the stool damaged. Cost. 21.25 5 2 toilets and toilet seats damaged. Found coat hanger wrapped around parts, a bunch of string tied around the flapper/flapper chain/flapper hinge, broken lid, and broken parts in one, and the other has a hair line leak, broken flange and plumbing. Cost. 337.08 6 2nd floor bedroom door broken in half and hole at bottom. Same type of slab door was left in basement. Installation cost. 60.00 7 2 Interior door locks damaged. cost 20.08 8 2 Outside doors, stainless steel dead bolts were replaced by the tenant with cheaper type. Cost 47.53 9 The faucet in 1st floor bathroom was replaced by the tenant. It is not the type that we use. Moen or Delta is the type we use. Cost 41.34 10 All heat registers and returns were closed and some were damaged. 0.00 11 Refrigerator: Duct tape was used on the shelves. Air flow knob broken off. 0.00 12 Recreation Room Closet: Found right door knob stripped off. 0.00 13 Flooring: Vinyl floor in 2nd floor bathroom has 4 burn marks approximately 1/2"diameter. Vinyl floor in kitchen has cuts, scrapes and rips. Vinyl floor in recreation room has holes and cuts and scrapes. Carpet in living room has 8 burn marks and very heavily soiled. 2nd floor bedroom carpet has numerous stains and 26 burn marks. Estimated replacement cost $2,323.48. Depreciation allowance $1,005.82. Vinyl, carpet, and installation cost. 1,317.66 14 Kitchen Peerless/Delta faucet was repaired on February 19, 2008 and was in good condition. Found that faucet is loose from sink, hot waterside was turned off at the valve on the pipe, a wrinkled washer was installed side-ways and chrome hole-cover on sink is rusted. The same washer that was removed during 2/19/08 repair was found back inside the faucet. Cost. 21.00 15 2nd floor bathroom shower head replaced with a hand-held model on a long hose. The hand-held portion was affixed to the shower arm. Installing and using this type of shower has loosened the shower arm and pipes. Every time you turn on the shower, water would drip down onto the 1St floor ceiling, causing mildew damage to the studded wood and ceiling. Valve Body is leaking where the escutcheon screws into it. Valve Body cannot be repaired. New Valve Body must be installed. Cost. 85.35 16 2nd floor bath tub broken at bottom. There was mildew all over bath tub and tub surrounds. No charge for tub surrounds. New bath tub and installation cost. 324.72 17 2nd floor bathroom sink: Found delta chrome pop-up broken. Vanity Formica peeled off on one side. Cost. 5.25 18 2nd floor bathroom vanity plumbing: Found a tooth brush and a 6" steel dental tool in the drain pipe. cost 0.00 19 2nd floor bathroom vanity cove base missing. 0.00 20 Insulation: Tenant has removed spay-on insulation from around the chimney in the attic. Tenant removed insulation from vent in the attic. Tenant also removed insulation from basement Bilco Doors. New insulation cost 13.00 21 Living room: after removing ceiling tiles, plaster ceiling dropped to the floor. Also, in the 1St floor bedroom, after removing ceiling tiles, ceiling dropped to the floor. Also, throughout the house, found 5 holes in walls approximately 2 Y2 inches in diameter and 2 holes in walls approximately 6 inches in diameter. Repair of 2 ceilings and all holes. Cost. 400.00 22 3 kitchen cabinet doors, the veneer edging is coming off. Cost. 0.00 23 1St floor bathroom vanity/sink: Found chrome sink pop-up dented all the way around, vanity has water stains and veneer is coming off the door. Sink has lots of small chips, scrapes and lines. Shower stall has scrapes at bottom back wall. Cost $445.00 Vanity/sink cost $135.00 Depreciation allowance 50.00. Cost. 83.74 24 2nd floor back bedroom window will not lock. 0.00 25 GE Range: All 4 burner pans rusted, one 8" electric burner damaged, bottom drawer broken. 16.00 26 Kitchen counter top found detached from bottom cabinets. Found screws missing, cabinets were loose from the wall and middle cabinet back was broken. Repair cost. 0.00 27 2 windows have humidity stains inside glass. Argon gas escaped. Windows must be replaced. Cost 445.16 28 Smoke detector 1St floor is broken. 0.00 29 Large snakes and some smaller snakes were kept on the property without landlord's written approval. Lease requires tenants to file pet application and pay fees in the amount of $400.00 for each pet living on the property. 1,200.00 30 HOUSE CLEANING: Removed cob webs throughout the house. Cleaned all receptacle and switch plates, all lights and light covers, walls, banister, grease off walls, nicotine and dirt off windows. Kitchen: Cleaned all grease and finger prints off Inside and outside of kitchen cabinets, counter tops, sink and faucet, walls, ceiling, wood trim, and floor. Living room: Removed ceiling debris, cleaned walls, doors, wood trim, vacuumed floor, and cleaned door and window. Stairway: Cleaned ceiling, walls, wood trim and vacuumed. Bathrooms: Cleaned shower, bath tub, sinks and vanities, doors, toilets, wood trim, closets and walls. INA-+ ?----' 1st Floor bedroom: Removed ceiling debris, cleaned wood trim, walls, closet and doors. 2nd floor bedrooms: Cleaned doors, wood trim, ceiling, walls, and door, vacuumed both bedrooms, and cleaned 3 windows. Recreation Room: Cleaned all paneling, ceiling tiles, windows, and floor. Attic: Cleaned all paneling, floor, and stairwell. Basement: Cleaned hot water heater, removed cob webs from ceiling, walls, ducts and floor. 1St and 2nd floor: A lot of stains on the walls throughout did not come out. 36 hrs. plus for all cleaning, 540.00 31 Loss of 2 month rent due to excessive cleaning and repair time. 1,650.00 32 Time to prepare this list for the Gesualdo Family, 12 hrs. 0.00 SUB TOTAL 6,824.94 6% SALES TAX Included SECURITY DEPOSIT -793.20 TOTAL DUE TO LANDLORD $6031.74 Please pay $6031.74 by January 21, 2009. Thank you, ----wwnvWftALTN OF PENNSYLVANIA rx h ? ? ? ?. `r? ? r COUNTY OF: CUMBERLAND Magisterial District Number: 09-1-01 MDJ Naas: Hon. Charles A. Clement, Jr. Address: Olde Towne Commons 400 Bridge St-Suite #3 New Cumberland, Pa. 17070 T.iephom: (717)774~5989 Amount rata paiA Fill Costs $ / - - PoLtm, $ 1 ! Service Costs $ ! / Constable Ed. $ Total $ ! ! Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT. The above named plaintiff(s) asks judgment together vAth costs against you for the possession of real property and for: Lease is ® Residential ? Nonresidential. PLAINTIFF: LANDLQRD AND TENANT COMPLAINT l and ADDRESS SALVATORE M.& LINDA C. CRIBARI 1312 WELL DRIVE CAMP HILL, PA 17011 PHONE: 717-763-1855 vs. DEFENDANT: NAM Ord ADDRESS I- ALBERTO GESUALDO, ARNALDO GESUALDO. & EMILIA GESUALDO 475 PRINCETON ROAD HARRISBURG PA 17111 Docket No.: Date Filed: rk4k Damages for injury to the real property, to wit: See Attached ? in the amount of: $ Damages for the unjust detention of the real property in the amount of $ ? Rent remaining due and unpaid on filing date In the amount of $ ? And additional rent remaining due and unpaid on hearing date $ ? Attorney fees in the amount of $ Total: $ THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address, if any, of the real property is 523 Market Street, New Cumberland, Pa. 17070 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. ? Notice to quit was given in accordance with law, or ? No notice is required under the terns of the lease. 5. 0 The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: ? Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. 7 I 7 6,031 1, Salvatore M. $ Linda C. Cribad verify that the facts set forth In this complaint are true and correct to the best my knowledge, information and belief. This statement ism su to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unswom falsification to authorities. IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you Intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A Judgment against you for possession may result in your EVICTION from the x miles. !f you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the IAagisterial District Court at the above address or telephone number. We are unable to provide transportation. Remarks ant Summary of Testimony May be Reoaded on Reverse Side. C 310A-05 1 1. 4 le I/ t;UMMONWEALTH OF PENNSYLVANIA rrn INTV nF:• CDMSERLApD Mag. Dist. No.: MDJ Name: Hon. 09-1-01 CHARLES A. CLEMENT, Address: 400 BRIDGE ST OLDS TONNE COMMONS NEK CUMBERLAND, PA Telephone: (717 ) 774-5989 JR -SUITE 3 17070 SALVATOWLIIADA CRIBARI 1312 WELL DR CAMP HILL, PA 17011 RECOVERY-OF REAL PROPERTY HEARING NOTICE PLAINTIFF: NAME and ADDRESS rCRIBARI, SAL`TATORE/LINDA 1312 WELL DR CAMP HILL, PA 17011 L VS. DEFENDANT: NAME and ADDRESS rAL8ERTO/ARXALDO/=ILA QRSUALDO 110 OLD YORE RD BROTHERS PIZZA I!= COMMMU AM, PA 17 07 0 J Docket No.: LT-0000085-09 Date Filed: 2/09/09 A landlord/tenant complaint has been filed against you for the recovery of possession of real property, and/or money damages in the above captioned case. A hearing has been set in this matter for: Date: 2/19/09 Place: DISTRICT COURT 09-1-01 400 BRIDGE ST OLDS TOIIMi COMMONS -SUITE 3 Time: 3:15 Pill NEW CUMBERLAND, PA 17070 NOTICE TO DEFENDANT If you have a defense to this complaint, you may present it at the hearing. If you have a claim against the plaintiff arising out of the occupancy of the premises, which is within the jurisdiction of the magisterial district judge and which you intend to assert at the hearing, you must file it on a complaint form at this office before the time set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, A JUDGMENT FOR POSSESSION AND COSTS, AND FOR DAMAGES AND RENT IF CLAIMED, MAY NEVERTHELESS BE ENTERED AGAINST YOU. A JUDGMENT AGAINST YOU FOR POSSESSION MAY RESULT IN YOUR EVICTION FROM THE PREMISES. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINT SDs 2/09/09 17s28:32 PK AOPC 3108-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: -CUMBERLAND Magiste6ai District Number: 09-1-01 MDJ Name: Hon. Charles A. Clement, Jr. Address: Olde Towne Commons 400 Bridge St-Suite #3 New Cumberland, Pa. 17070 Telephone: (717)774-59$9 Amount Date Paid Filing Costs $ 1 /.2-4-15z / J Postage Service Costs $ 1-10 Constable Ed. $ , a Total $ I zqg . 5r q / / Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is ® Residential ? Nonresidential. Damages for the unjust detention of the real property in the amount of Rent remaining due and unpaid on filing date in the amount of And additional rent remaining due and unpaid on hearing date Attorney fees in the amount of LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS SALVATORE MA LINDA C. CRIBARI 1312 WELL DRIVE CAMP HILL, PA 17011 PHONE: 717-763-1855 J VS. DEFENDANT: NAME and ADDRESS 8 u S l n r S S F- ALBERTO GESUALDO, ARNALDO GESUALDO & EMILIA GESUALDO - BROTHERS PIZZA 110 OLD YORK ROAD NEW CUMBERLAND, PA 17070 .2 S ee D Per ?- 'Ph6he.'71q- Iq--4600 _! Docket No.: ?1 • SS a Date Filed: _ d Damages for injury to the real property, to wit: See Attached in the amount of: THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address, if any, of the real property is 523 Market Street, New Cumberland, Pa. 1 Total: $ 6,031. 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. ? Notice to quit was given in accordance with law, or ? No notice is required under the terms of the lease. 5. ® The term for which the property was leased or rented is fully ended, or ? A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: ? Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. I, Salvatore M. & Linda C. Cribari verity that the facts set forth In this complaint are true and correct to the best o my knowledge, information an belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relating to unworn falsification to authorities. _ IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transoortation. on kOPC 31 OA-05 _1 COMMONWEALTH OF PENNSYLVANIA rnl lnlTv nF• CUMBE>itI&ND Mag. Dist. No.: MDJ Name: Hon. 09-1-01 CHARLES A. CLEMEXT, Address: 400 BRIDGE ST OLDS TONJdIS CONKONS NEW CUJMZRXJM, PA Telephone: (717 ) 774-5989 JR -SUITS 3 17070 ?(i?t ?l Z ?l NOTICE OFJJUDOMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rCRIBARI, SALVATORS/LINDA 1312 WELL DR CAM HILL, PA 17011 L VS. DEFENDANT: NAME and ADDRESS rA-LBERTO QzSUALDO, ET AL. 110 OLD YORK RD BROTHERS PIZZA J 7 SALVATORE/LINDA CRIBARI I!= CUI11111SAIAUD, PA 17070 J 1312 WELL DR Docket No.: LT-0000085-09 CAMP HILL, PA 17011 Date Filed: 2/09/09 THIS IS TO NOTIFY YOU THAT: Judgment: >EOR pLAIRTXFF ® Judgment was entered for: (Name) CRIBARI, SALVATORE/LIMA Judgment was entered against ALBERTO liIBIIALDO. in a ® Landlord/Tenant action in the amount of $ 4,591.24 on 2123109 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 793.20 Total Amount Established byY MDJ Less • Security Deposi aqppplied Rent in Arrears $ 85O.0 - $ 93.2 = Physical Damages Leasehold Property $ 4,374,94-$ .00= Damages/Unjust Detention $ _00-$ -no= Less Amt Due Defendant from Cross Complaint - interest (if provided by lease) L/ T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Possession granted. H Possession granted if money judgment Possession not granted. Total Judgment $ Adjudicated Amount 56.80 $ 4,374.94 $ _00 $ .00 $ _00 $ 4,431_74 $ 149.50 $ _00 $ 4,581.24 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 PROTHONOTARYICLERK 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 WrTH 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 JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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. FEB 2 3 200%ate ' Magisterial District Judge certify that this is a true an correct copy o the recur of the proc-e?ff1ngs containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014. AFOI -W Mag. Dist. No.: 09-1-01 MW Name: Hon. CHARLES A. CLZMZNT, Jet Address: 400 BRIDGE ST oLDE TON= COMKONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 COMMONWEALTH Or PENNSYLVANIA COUNTY OF: C MERLAND SALVATORE/LIMDA CRIHARI 1312 WELL DR CAM HILL, PA 17011 NOTICE OF•JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rCRIBARI, SALVATORE/LnwA 1312 WELL DR CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rM- MIMTO (iSSIIALDO, ET AL. 110 OLD YORK RD BROTHERS PIZZA LNBN CflMSEBLII> M, PA 17070 J Docket No.: LT-0000085-09 Date Filed: 2/09/09 MA THIS IS TO NOTIFY YOU THAT: Judgment: !'OH Pivlrs>rt't=1 Judgment was entered for: (Name) CRIHARI, SALQATORE/LINDA Judgment was entered against =ILA QZ9VAI1DO in a ® Landlord/Tenant action in the amount of $ 4,591.24 on 2/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 793.20 Total Amount Established by ?{pJ ess • Security Deposl# q-plied = Rent in Arrears $ $5y • 0? - $ 793.20= Physical Damages Leasehold Property $, 4,374.94- $ . 00= Damages/Unjust Detention $ _ oo - $ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount F Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees FIThis case dismissed without prejudice. Fx]Possession granted. H Possession granted if money judgment Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Irloutltto $ 4,374.94 $ _00 $ -00 $ _0o $ 4,431_74 $ 149_50 $ _00 $ 4,581.24 ? 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. FE-9 2 1 2009 Date (U" . , Magisterial District 2k *=P=Mff certify at is is a rue an correc copy o the record o e prose doings containing the judgment. Date , Magisterial District My commission expires first Monday of January, 2014. C°"' COMMONWEALTH OF PENNSYLVANIA rni im- v nF• CUJIMIERLAND Mag. Dist. No.: MDJ Name: Hon. 09-1-01 CRARLES A. CL M311"I Address: 400 BRIDOZ ST OLDS TON1111E COMONS NEN COl zRLAND, PA Telephone: (717 ) 774-5989 V9 -SUITS 3 17070 SALVATO]R,E/LINDA CRINIMI 1312 NELL D>R. CAM HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ?Z Judgment was entered for: (Name) NOTICE OP'JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rC>btIBAitI, SALVATORX/LXNDA 1312 WELL DR CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rA-UMTO aziguaLDO, ET AL. 110 OLD YORK RD BBOTEM PIZZA i!W Cfl![BMI-AND, PA 17070 J Docket No.: LT-0000085-09 Date Filed: 2/09/09 Judgment was entered against ARNALDO 0981>rALDO ? in a ® Landlord/Tenant action in the amount of $ 4,51111144 on 2/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 793.20 Total Amount Established b$y• J 4ess • Security Deposit gpplie? _ Rent in Arrears $ Oy - $ 793.2 = Physical Damages Leasehold Property $ 4,374,94-$ .00= Damages/Unjust Detention $ -00-$- -00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. 0 Possession granted. H Possession granted if money judgment Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated 5mGouLit 0 $ 4,374.94 $ _oo $ _00 $ _00 $ 4431_74 $ 149_50 $ _00 $ 4,581.24 ? 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 PROTHONOTARYICLERK 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, LOWdNCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO PS.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. •' U9 Date , Ma isterial District Judge certify a this is a true an correct copy o the recur o e procedaings containing the Judgment. Date , Magisterial District Judge My?a??a_ commission expires first Monday of January, 2014. SEAL nn rw r . .xa f'f'1 -r Q J .° £.a 50