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HomeMy WebLinkAbout09-4994COM60NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of a4,4ft,'? NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. bq - ggqy Cty OTen-A 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. ors, ADDRESS OF APPELLANT CRY STATE ZIP CORL A 's A- A. 1 1* J'tP_r'LA DATE OF JUDGM IN THE CASE OF ( . - id?tiy' N DOCKET No. SIGNA E OF APPELLANT OR ATTORNEY OR AGENT LT- ooco A I - o4 )1-7 - &'Ie? This block will be signed ONLY when this notation is required under Pa. 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 the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after fining the NOTICE of APPEAL. SON(- o/ Pro&--Wy -D&P* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pe.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 !Jame of appefee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. - 0, Vi ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Term ?} 3 , e ?-' . S1QnatL reof amo- attorney w agent ,/wI/ RULE: To ?? . appellee(s) Nome of app"Ws) (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: 3 ,20o9 S 19. soll, otPromb" Depw 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 AN - ' F LED-OFRC? . , OF THE PPCT- ONIOTARY 2409 JUL 23 PM 1: 12 CUM COUNTY RENNSYLVANIA XFP PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fling 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 2Q Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA rnl mlTv nF Map. Dist. Na: MOJ Name: Han. 09-3-05 DARK MARTIN A61'ess: 507 R YORK 8T XZCR1kxIC88IIRa, Tewphane: (717) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE rc- mm LARD POINTS NAME and ADDRESS 1254 ROCZY ROAD l[ ECSANIC89VRQ,, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS rkoTA, FI010L -I 1261 ROCKY R03V 192CBARICODURQ, FA 17055 XARZ YARTIx L J 507 N YORK 8T Docket No.: LT-0000191-09 ]INCEUMIC88IIRG, PA 17055 Date Filed: 6/09/09 THIS IS TO NOTIFY YOU THAT: Judgment: ]FOR Pi-AT TIFF X Judgment was entered for: (Name) CMmZLTAM POI>NTE Judgment was entered against NOTA, FIONA in a 0 Landlord/Tenant action in the amount of $ 6. 666.50 on 6124/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 877.00. The total amount of the Security Deposit is $ 100.00 , Total Amount Establishedd b Mph Less Security Deposit Appli Rent in Arrears $ 6 16 00 - 0 = Adjudica1? qnou t 6 ?0 , . $ . $ , M Physical Damages Leasehold Property $ . 00- . 00 = $ .00 Damages/Unjust Detention $ _ An - -W = $ -00 Less Amt Due Defendant from Cross Complaint - $ M Interest (if provided by lease) $ --. -010 LIT Judgment Amount $ 9 N1 9 ee ? Attachment Prohibited/ Judgment Costs $ O _ 15p p 42 Pa. C. S. § 8127 Attorney Fees $ an ? This case dismissed without prejudice. Total Judgment $ _ 6,666.50 ? Possession granted. Z 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 EN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS IF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN IRDER TO OBTAIN A SUPERSEDEAS. THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF HREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR ECTION 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 0 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF OURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT(TIRANSCRIPT FORM WITH THE NOTICE OF APPEAL. XCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT OLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT F 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 REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, ETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r f Date '0?x `'y` /,4,/, , Ma isterial District Judge ce0tity that t Is is a rue an correct copy o e record of the proceedings containing The luagment. _ Date Maclisterial District Judge PA ly-commission expires first Monday of January, 2012. SEAL 315A•09 T' d 862299LL I L SO-60-Go idno0 10I 211S I Q wu T S: T T 6002 ca in Fz?-- CUMBERLAND POINTE : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 09 - "q FIONA MOTA, Defendant CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow FIONA MOTA to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: U,p4 Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 postal Service,. ITIFIFD MAIL- RECEIF U- a v=- i r9 Postage $ Certified Fee - ?/{---'^• Return Receipt Fee O (Endorsement Required) i U H? + 0 Restricted Delivery Fee ?? (Endorsement Required) C3 ? +. r a Total Postage & Fees Is r-9 V ? r -, C co ben[r??!/ oslnGt ,l /-( - ?--- cf, h l? + J --- -------------- r --°----------------------------------/---- °--°--°' 3 Street, Apt. No.; - ._ or PO Box No. ? (7 7 /V t S -- -------------- ----- City, State, ZIP+4 ???Isiai,?,,`GSIGfi?i' Q? / 7 0?.1 RECEIPT M .. Rnce Coverage Provided) co ru 0 rq Postage ? -?'._` " -0 ., ??. Certified Fee r-A / pi4?4na 'a C3 Retum Receipt Fee / e r O q"y(Bre t p (Endorsement Required) ( f3 -' C3 Restricted Delivery Fee? Q (Endorsement Required) ?. CID r q Total Postage & Fees s4, ?>L s?0 rq Cal Sent To !t?'-A ?-^ r o V (J / --------------------------------- C3 or Apt. No.; I' P- -------------------------------------------------- PO Box N(Z? T ,L ?G Crry, State, ZIP+a c t"I W c?^'IMVI GS ip u r I 0 53- See Reverse for Instructions PS Form 3 800, August 2006 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 ©Q ? upon the District Justice designated therein on (date of service) 20C, ? by personal service U, by (certified (r?&?g?jPdr-ed) mail, --11( on sender's receipt attached hereto, and upon the appellee, (name) r,. 20Of L3 by personal service is by (certified) (l?g40svd) mail, sender's receipt attached hereto. SWORN) (AFFIRMED) ANDSUBSCRIBED BEFORE ME S ?_ DAY OF_ "k4 -, 20-0 S+gna ure of official before whom a(fidfjv 'was made 20 % -ZLQz1k 33 All Title of o 4Iofk inoo Ali noo-aivi laimm 31swo My co missiooROpN -'/ , ig ture of affrant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County of 2Qa? .? 23 NOTICE OF APPEAL -ARY FROM 9; L DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 1 _ iv, I 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. 14 L"f - bOcx:> 141- O9 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. S+gnsture d ProrNonotary a vePuty vs appellant was Claimant(see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appo#ee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. (Q _ WQV 61 yo I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Term ' ` Slgnarweora RULE: TO ppeffan attorney-MJent appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon Xeu by personal service or by certified or registered mail. f?T if yod do t fjot(jjfe?a cbrnplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3), The datqr of service•oMhjs rule if service was by mail is the date of the mailing. ,4)ale:' .? ; 20 A9 1 ?S AKB a ,? . ' ; ? 3o/Prothonofary or Deputy s f +,Yf)POWST INCLUDEI AWCOPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 µ 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 JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNI]VGHAM?CCLA WPC.COM CUMBERLAND POINTE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4994 FIONA MOTA, Defendant CIVIL ACTION-LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING 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, PA 17013 1-800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda. y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 ii JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:.ICUNNI]NGHAMnCCLA WPC.COM CUMBERLAND POINTE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4994 FIONA MOTA, Defendant CIVIL ACTION-LAW COMPLAINT AND NOW, comes the Plaintiff, Cumberland Pointe, by and through its counsel, Cunningham & Chernicoff, P.C., who files this Complaint in Assumpsit, action at law and in support thereof, make the following averments: 1. The Plaintiff, Cumberland Pointe (hereinafter referred to as "Plaintiff'), is a Pennsylvania Limited Partnership, registered with the Department of State, and has a principal office located at 1254 Rocky Road, Mechanicsburg, Cumberland County., Pennsylvania. 2. The Defendant, Fiona Mota (hereinafter referred to as "Defendant"), is an adult individual who resides at 1261 Rocky Road, Mechanicsburg, Cumberland County, Pennsylvania. At all times material to Plaintiff's cause of action, the Plaintiff has been the legal owner of the land and the building in which the Defendant resides. 4. On or about August 1, 2008, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff a residential apartment, 1261 Rocky Road, Mechanicsburg, Cumberland County, Pennsylvania for an initial term beginning on August 1, 2008 and ending on July 31, 2009, after which initial term the lease continued on successive terms of one (1) month each. The monthly rent for the apartment unit equals $877.00 per month. A true and correct copy of the Lease Agreement for 1261 Rocky Road, Mechanicsburg, Cumberland County, Pennsylvania is attached hereto, made part hereof and is marked as Plaintiff's Exhibit "P-1 V. 5. Defendant agreed to abide by the following terms of the Lease Agreement in regards to monthly rental payments: 2. RENT: Leaseholder shall pay the Term Payment to Owner, in advance monthly installments as stated above on or before the first day of each month of the Term. If payment has not been received by 8:30 a.m. of the 5`h day of each month, a late fee equal of $50 will be charged. Acceptance of late rent, or forgiveness of late fees, on one or more occasions shall not act as a waiver of any Owners rights hereunder. Rent payments after the 4`h day of each month are via certified check or money order only and must include all late fees. Defendant agreed to abide by the following terms of the Community Rules and Regulations in regards to monthly rental payments: RENTAL PAYMENTS AND LATE CHARGES: All rents are due and payable in advance on the first of each month. Monthly bills are not rendered ...A late charge will be assess on all rents after the 5`h day of each month. See page one of this lease agreement. Rents not received by the open of business on the 6`h of each month must include the late charge or they will not be accepted. 2 6. Defendant failed to pay her monthly rent or failed to pay her monthly rent in a timely manner on or about the following dates: a. November, 2008 $877.00; b. January, 2009 877.00; C. February, 2009 877.00; and d. March, 2009 877.00. Total: $3,508.00 7. Defendant agreed to abide by the terms of Paragraph 2 of the Lease Agreement regarding the timely payment of rent which rent is due on the first day of the month and no later than the fifth day of the month. COUNT I - IN ASSUMPSIT 8. Plaintiff incorporates by reference Paragraphs 1 through 7 of the Complaint as if more fully set forth herein. 9. On March 11, 2009, Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Ten (10) Day Notice to Quit and Notice of Lease Termination. The Ten (10) Day Notice to Quit and Notice of Lease Termination was served by posting of the Notice im a conspicuous place on the property. A true and correct copy of the Ten (10) Day Notice to Quit and Notice of Lease Termination is attached hereto, made part hereof and is marked as Plaintiff's Exhibit "P-2". 10. During the pendency of this litigation, rent may accrue as a result in a change in Defendant's income and if there is a modification of rent, rent due and owing may accrue. 3 11. During the pendency of this litigation, Defendant may cause or allow to be caused physical damage to the apartment. Defendant may or may not pay Plaintiff the cost to repair such damage. 12. In that event, Defendant fails to pay the monetary judgment, rent or fails to pay for physical damages to the apartment during the pendency of this litigation, Plaintiff seeks payment of rent and damages, if any, due and owing until the conclusion of this litigation. 13. Since the Notice to Quit was served on the Defendant, rent for the following months has accrued and remained unpaid: a. April, 2009 $877.00; b. May, 2009 877.00; C. June, 2009 877.00; d. July, 2009 877.00; and e. August, 2009 877.00. Total: $4,385.00 14. Since November 2008, late fees have accrued and remained unpaid as follows: a. November, 2008 $50.00; b. January, 2009 50.00; C. February, 2009 50.00; d. March, 2009 50.00; e. April, 2009 50.00; f. May, 2009 50.00; g. June, 2009 50.00; 4 h. July, 2009 50.00; and August, 2009 50.00. Total $450.00 Total: $4,385.00 WHEREFORE, Plaintiff demands entry of judgment against the Defendant and in favor of the Plaintiff in the amount equal to $8,343.00, together with any unpaid rent, unpaid late fees and/or unpaid damages, if any, from the date of filing of this Complaint to the conclusion of this litigation and the cost of damage to the apartment unit, if any, caused by Defendant during the pendency of this litigation, together with costs and interest. Respectfully submitted, COFF, P.C. By: 05or Cunningham, Esquire PA 14D. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff Dated: August S, 2009 F:\Home\AHEWITT\DOCS\A-C\CUMBERLAND POINTE APARTMENTS\MOTA, FIONA\COMPLAINT draft 080409.wpd 5 VERIFICATION I verify that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. J'? 4ZI, Antoinette Black, Mite Manager Dated: &09 - MMA Financial Housing 1, LLC CUMBERLAND POINTE Apartment Lease Agreement July 18, 2008 Page 1 of 33 Apt # Total S/D Paid Monthly Payments Term of Lease Pet Rent Pet Fee 1261 0.00q -j 12 Months Washer/Dryer Remote Deposit CAPREIT CUMBERLAND POINTE (hereinafter "Owner") in consideration of and subject to the terms, conditions, and covenants set fourth herein, here by lease to: Fiona Mota hereafter Resident") and Resident leases from Owner, Apartment Address : CUMBERLAND POINTE 1254 ROCKY ROAD MECHANICSBURG, PA 17055 (hereinafter "Premises") in the apartment project CUMBERLAND POINTE (hereinafter "Project") located at: 1261 MECHANICSBURG, PA 17055 for use as a private residence only. The term "Resident" in this lease refers to all residents listed above. NOTICE This Lease Agreement is a legally binding & enforceable document, which you should read carefully before signing. In consideration of the covenants hereinafter expressed, Leaseholder and Owner enter this lease agreement ("Lease") on the date first shown above. TERM: This lease shall commence on and shall terminate on. Leaseholder/Occupant Initials: 2. RENT: Leaseholder shall pay the Term Payment to Owner, in advance monthly installments as stated above on or before the first day of each month of the Term. If payment has not been received by 8:30 am of the 5th day of each month, a late fee equal of $50 will be charged. Acceptance of late rent, or forgiveness of late fees, on one or more occasions shall not act as a waiver of any of Owners rights hereunder. Rent payments after the 41h of each month are via certified check or money order only and must include all late fees. Leaseholder/Occupant Initials: 3. DEPOSIT AS SECURITY: Leaseholder, concurrently with the execution of this Lease, has deposited with the owner the sum stated bove ("Security Deposit'), the receipt of which is hereby acknowledged. Owner shall retain the Security Deposit as secu 'ty for faithful performance of the covenants, terms, rules and-regulations of this Lease. The Security Deposit is not an advance payment of, or on the account of, rent, and shall bear interest. The Security Deposit shall be returned after termination of this lease and within a reasonable time after the leased Premises has been completely vacated. This is a firm policy and will not be varied as it allows a period of time for any apparent or unseen damage to be discovered. Part or all of the Security Deposit may be withheld at that time to reimburse Owner for damages including, but not limited to, the following: a. A labor charge for cleaning appliances. Leaseholder shall steam clean all carpets in the Leased Premises before http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO. html MMA Financial Housing 1, LLC Page 2 of 33 vacating. Failure to do so will result in the reasonable cost of cleaning the carpets to be deducted from the Leaseholder's Security Deposit. b. Charge for disposal of any items abandoned in the Leased Premises, holes (other than nail holes), painting beyond normal repair, or for steam cleaning carpet. Charges for any other damages to the Leased Premises, or for damage to common areas or other property of the Owner. c. A charge for failure to return all apartment and mailbox keys. Keys must be returned directly to the Management and a receipt obtained. Tenant shall be deemed occupying the apartment until the keys are returned and said receipt is obtained. d. Any charges due under this Lease, including rent. Leaseholder/Occupant Initials: 4. RENEWAL OF LEASE: Leaseholder shall give Owner notice at least 60 days prior to the expiration date of the existing lease term of Leaseholder's intention either to renew this Lease or to vacate the Lease Premises. If Leaseholder chooses to renew Lease, such renewal must be executed a minimum of 14 days prior to the expiration date of the existing lease term. If Leaseholder chooses to vacate the Leased Premises at the termination of the Lease, Leaseholder shall notify Owner in writing a minimum of 60 days prior to expiration date of this Lease of Leaseholder's "Intention to Vacate". Failure of Leaseholder to give 60 days written notice of "Intention to Vacate" shall result in application of part or all of the Security Deposit to costs of reletting. If no deposit is on file, Leaseholder is responsible for payment to fulfill 60 day notice. Owner reserves the right to non-renewal option with said Leaseholder. Leaseholder/Occupant Initials: 5. DELIVERY OF POSSESSION: Owner shall not be liable to Leaseholder for any injury or damage from the failure to timely deliver possession of the Leased Premises, other than to the extent of an abatement of rent from the date of the commencement of this Lease to the date possession is delivered to Leaseholder on a pro-rate basis of the Term Payment as herein set forth. 6. DAMAGE TO PREMISES: Leaseholder is and shall be responsible and liable for any injury or damage done to the . Lease Premises, common areas, or any property of Owner caused by Leaseholder, any Occupant of the Leased Premises, or any other person whom Leaseholder permits to be in or about the Leased Premises. Leaseholder shall pay the expense of replacing all glass broken and shall replace all keys lost or broken, and maintain the premises in such condition, order and repair as the same are in at the commencement of the Term or may be put in during the same to be done, but Leaseholder shall take good care of the same. Leaseholder shall not attach any article of permanent character or sign containing writing or printing to any window, floor, ceiling, door or wall without the written consent of Owner. Leaseholder shall, on the termination of this Lease, surrender to Owner the quiet and peaceable possession of the Leased Premises. 7. SUB-LEASE: Leaseholder shall not sublet the Leased Premises or any part thereof, or vacate, transfer or assign this Lease, nor shall Leaseholder offer or advertise all or any portion of the Leased Premises for a sub-lease. 8. PROHIBITED PURPOSES: Leaseholder shall not conduct any business nor permit any unlawful and immoral practice to be committed on the Leased Premises. Leaseholder shall not permit the Leased Premises to be used as a boarding or lodging house for rooming or school purposes, nor for instruction in music; nor for any purposes, which will increase the insurance rate. Leaseholder shall not permit to be kept or used on the Leased Premises inflammable fluids or explosives without the consent of Owner nor use nor keep any charcoal or L.P. gas grill on any porch or balcony. Leaseholder shall not permit the Leased Premises to be used for any purpose which will injure the reputation of the building or which will disturb the occupants of the building or the inhabitants of the neighborhood. Leaseholder shall not permit the Leased Premises to be used for criminal activity including, but not limited to, violent criminal activity and/or illegal drug-related activity. "Illegal drug-related activity" means the illegal manufacture, sale, distribution, use, or possession with the intent to manufacture, sell, distribute, or use a controlled substance, as that is defined in Section 102 of the Controlled Substance Act 21 U.S.C. Sec. 802, or as these terms may further be defined under local ordinance or state law. The fact that this Lease provides such prohibitions as to other residents of the community does not create any duty of Owner to keep Leaseholder or any other person secure in person or property. Interference by Leaseholder and/or Occupants of the Leased Premises with the Management of the complex, including, but not limited to nuisance, disturbance, and/or threats to Management onto other tenants or guests of the complex shall be a default in this lease. Leaseholder/Occupant Initials: 9. RADIOS, TV, ETC: Leaseholder shall not permit radios, television sets, record players, stereo and hi-fi or other electronic device, or musical instruments on the Leased Premises to disturb the neighborhood or occupants of the building containing the Leased Premises at any time. Leaseholder/Occupant Initials: http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO.html 7/18/2008 MINIMA Financial Housing 1, LLC Page 3 of 33 10. FALSE APPLICATION: Leaseholder warrants that the information give the Owner in the application for this Lease Agreement is true and, in the event that such information is false, Owner may, at Owner's sole option, terminate this Lease Agreement. 11. DAMAGE, DESTRUCTION OR CONDEMNATION: In the event the Leased Premises are totally destroyed by fire, rain, wind, or other cause beyond the control of Owner, or are condemned and ordered torn down by the properly constituted authorities of the state, county or city, then in either of these events this Lease shall cease and terminate as of the date of such destructions. If the Leased Premises are damaged by fire, rain, wind, or other cause, beyond the control of Owner, so as to render the same partially untenantable or partially unfit for the use or purpose for which the same are hereby let, and partially fit for the use or purpose for which the same are hereby let, and are repairable within a reasonable time, then this Lease shall remain in full force and effect: but there shall not be an abatement in rent. Owner recommends the Leaseholder obtain renter's insurance. Leaseholder/Occupant Initials: 12. UTILITIES AND FACILITIES TO BE PROVIDED BY MANAGEMENT: Management shall furnish the following at no extra charge to the Leaseholder: range, refrigerator, deadbolt, dishwasher, screens and blinds. All other utilities and facilities desired by resident shall be the sole responsibility of the Leaseholder. Failure of resident to maintain electric and/or gas service which results in said utilities being shut off by the supplier shall be a breach of this lease. Manage shall furnish water, sewer, and trash. 13. INSPECTIONS AND REPAIRS: Owner, in person or by agent, shall have the right at all reasonable times to enter the Leased Premises and inspect the same and to show the same to prospective tenants or purchasers. Owner shall also have the right to advertise the same for Lease and may at any time remove placards, signs, fixtures, alterations, or additions not in conformity with this Lease or with the Rules and Regulations now or hereafter adopted. Owner may enter the Leased Premises at all reasonable times to make such repairs and alterations as may be deemed by Owner as necessary to the preservation of the Leased Premises or the building, but Owner is not required to do any repairing upon the Leased Premises unless so agreed in writing in this Lease. If Leaseholder refuses Owner reasonable access to the Leased Premises, Leaseholder shall be in default of this Lease Agreement and may be evicted at the discretion of the Management. 14. STORAGE: All personal property placed in the Leased Premises or in any other portion of said building or anyplace appurtenant thereto, shall be at the risk of the Leaseholder, or the parties owning same, and Owner shall in no event be liable for the loss or damage to such property or for any act of negligence of any cotenant, servants of tenants, or occupants, or of any other person whomsoever in or about the building. 15. HOLD-OVER: If Leaseholder shall remain or continue to be in possession of the Leased Premises, or any part thereof, after the termination of this Lease Agreement, Leaseholder shall pay Owner, as liquidated damages for the time such possession is withheld a prorate of the monthly rental amount for each day thereafter until possession of the entire Leased Premises is returned to Owner. However, Owner in its sole discretion, may elect to treat such holding over as a Renewal by Leaseholder of the Lease Agreement for another year, upon the same terms and conditions, except that the rental shall be increased by 10% above the Term Payment under this Lease Agreement shall be and remain in full force and effect for the renewal term. Leaseholder/Occupant Initials: 16. ATTORNEY'S AND ADMINISTRATIVE FEES: In the event of the employment of an attorney by Owner because of violation by Leaseholder/Occupant of any term or condition of this Lease, Leaseholder shall pay the fee of Owner's attorney, and all court costs owner may incur. The decision to employ an attorney will be solely at the discretion of the Owner. 17. NOTICES: All notices and demands authorized or required to be given to the Leaseholder hereunder may be served upon Leaseholder in person or by mail addressed to Leaseholder at the Leased Premises. All covenants and representatives are binding upon and inure to the benefit of, the heirs, executors, administrators and assigns of Owner and Leaseholder. 18. RULES: Owner has supplied Leaseholder with a written or printed set of rules, the receipt and reasonableness of which are expressly acknowledged by Leaseholder. Leaseholder shall be bound by, and shall comply with these rules as if they were included in the text of this Lease. Owner shall have no liability, whatsoever, to Leaseholder, any member of Leaseholder's family or guest of Leaseholder for any violation of rules by any other community resident or family member or guest thereof. Leaseholder receives no rights from these rules. If there is a playground, pool, parking or recreational area, Owner may give Leaseholder and Leaseholder's guest permission to use it. Such person does so at his or her own risk and upon the express understanding and stipulation that the Owner shall not be liable for any loss of property through theft, casualty or otherwise, of for any damage or injury whatsoever to person or property. Leaseholder http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertidngO.html 7/18/2008 MMA Financial Housing 1, LLC Page 4 of 33 will use the area at Leaseholder's own risk and must pay all fees Owner charges. 19. OCCUPANCY LIMITATIONS: Leaseholder shall not permit persons other than those listed on the rental application and herein to reside in the Leased Premises without the prior written approval of Management. Occupancy may not exceed two people per bedroom (eg. I bedroom-2 people; 2 bedroom-4 people; 3 bedroom-6 people). Leaseholder/Occupant Initials: 20. CONDITION OF PREMISES: Leaseholder has examined the Leased Premises, is satisfied with the physical condition, and Leaseholder's taking possession is conclusive evidence of receipt of them in good order and repair, except as otherwise specified in writing. Leaseholder hereby agrees that the Leased Premises conforms with any implied or expressed warranty of habitability and acknowledges that no representation as to condition of repair has been made except as is contained in the Lease and Leaseholder acknowledges that no promise to decorate, alter, repair, or improve the Leased Premises has been made except such as contained in this Lease. At the end of the Term, Leaseholder shall return the Leased Premises to Owner in the same good condition, reasonable wear and tear excepted. Leaseholder shall steam clean all carpets in the Leased Premises before vacating. Failure to do so will result in the reasonable cost of cleaning the carpets to be deducted from the Leaseholder's Security Deposit. Leaseholder shall have no right to claim any abatement of rent due to condition of premises unless they first provide written notice of any defect and the Management has reasonable time to repair. 21. REPAIRS AND REDECORATION: Except for reasonable wear and tear, Leaseholder shall, at Leaseholder's own expense, keep the Leased Premises, including walls, ceilings, floors, woodwork, paint, plaster, plumbing fixtures, light fixtures, hardware, glassware, and all other fixtures and equipment in good order, condition and repair and in clean and sanitary condition. Leaseholder shall not make any alterations or additions to the Leased Premises without the prior written consent of Owner. Alarm and/or Security Systems shall not be installed without the prior written approval of the Management. 22. HOLD HARMLESS CLAUSE: Leaseholder shall indemnify and hold harmless Owner from and against any and all claims or actions for damages to persons or property, or for loss of life, and against any and all losses, costs, damages, charges, penalties and expenses arising out of or in connection with any accident or other occurrence due directly or indirectly to the use and occupancy of the Leased Premises, or any common or related area by the Leaseholder. This indemnity extends to any and all claims in which it is asserted that Owner itself has been negligent or otherwise at fault. 22. SEVERABILITY: The invalidity or illegality of any particular provision of this Lease Agreement shall not affect the other provisions hereof but this Lease shall -be construed in all respects as if such invalid or illegal provision were omitted, and the other provisions will remain in full force and effect. 23. DEFAULT: The occurrence of any of the following constitutes a default by the Leaseholder of this Lease Agreement: a. Failure to pay rent as and when due, including late fees, legal fees, pet fees and damage fees. b. Abandonment or apparent abandonment of the Leased Premises unless Leaseholder has paid in full the rent for the entire term of this lease. c. Failure to occupy the Leased Premises within fifteen days of possession. d. The filing, by or against Leaseholder, of a petition of bankruptcy. In the event of default by the Leaseholder, and without any notice being given by Owner to Leaseholder, the rent for the entire Term shall immediately become due and, in addition, Owner shall have the right, at it's sole discretion, to enter and take possession of the Leased Premises, to clean and make repairs at Leaseholder's expense, and to relet all or any part of the Leased Premises. Owner shall be entitled to collect all reasonable costs of reentry, cleaning, rcpairs and reletting (including; but not limited to, advertising costs, brokerage fees, administrative costs and overhead) from Leaseholder. All such costs are hereby agreed and acknowledged by Leaseholder to constitute "rent" under PA statutory law concerning the use and return of security deposits. This Lease shall not terminate and Leaseholder's obligation hereunder (including, but not limited to, the obligation to pay all rent due or to become due hereunder) will continue, unless Owner, acting in its sole discretion, gives Leaseholder express written notice to the contrary. Owner shall not be required to accept any substitute offered by Leaseholder, and shall have no duty to procure another tenant, or otherwise to instigate Owner's damages, except in the ordinary course of business. It is expressly understood and agreed that the attached application for this Lease Agreement signed by the Leaseholder is made part: of this Lease and this Lease is not binding until it has been countersigned by the Owner or its' agent. Leaseholder/Occupant Initials: 24 ABANDONMENT: In the event Leaseholder shall abandon or vacate the Leased Premises before the end of the term, the Leased Premises, or any other part thereof, may be repossessed by the Owner and relet upon terms satisfactory to it, http://Iocalhost/EvolutionNet/esiteWebAetters/Lease%2OLettertkingO.html 7/18/2008 NEVIA Financial Housing 1, LLC°. and Leaseholder shall be liable for any deficiency resulting there from. Leaseholder's liability for deficiency includes, but is not limited to: Redecorating costs, repair costs, loss of rent for balance of term and such other costs as may be Leaseholder's responsibility in the event of default or breach hereunder. If Owner is granted possession of Leaseholder's premises by court order or otherwise comes into possession of same, or if tenant vacates the Leased Premises, or if tenant discontinues electric and/or gas service to Leased Premises, Owner may, at. their option, remove Leaseholder's and Occupant's possessions and place them in storage, and Leaseholder agrees to pay for all moving and storage costs. Leaseholder further agrees that any third-party who moves and/or stores Leaseholder's possessions shall acquire a Warehouseman's lien on those stored possessions, and if they are not timely reclaimed, the warehouseman may sell said possessions in payment of the storage costs, moving costs, and other related fees and costs. Leaseholder hereby expressly grants Owner (and its agents) authority to create or grant a Warehouseman's lien in such circumstances. Management has no obligation to store Leaseholder's property after termination and may, without liability to the owners thereof, dispose of all property remaining in the residence 72 hours from the time of legal possession or vacation of the Leased Premises by Leaseholder or Occupant, whichever occurs first. Leaseholder/Occupant Initials: 25. SUBORDINATION: This lease and all rights of the Leaseholder hereunder are expressly understood and agreed to be subject and subordinate in all respects to the lien of any present or future mortgage which may be placed upon said apartment development by Owner or assigns of Owner, and to all of the rights thereby acquired by the holder of any such mortgage or mortgages. 26. EARLY TERNIINATION: Leaseholder shall be allowed early termination of this lease providing that they: (1) Submit their request in writing to Management a minimum of 60 days in advance of the intended date of vacating the Leased Premises to be eligible to receive their deposit refund; (2) Pay all rent due and owing through the date of vacating the Leased Premises; (3) Leave the apartment clean, empty and with no damages; and (4) Pay an Early Termination Fee of $1000.00 or the remainder of the lease term. This Early Termination clause shall apply to all requests for early termination for any reason. Leaseholder/Occupant Initials; 27. *CONCESSION: Leaseholder is in receipt of the concession listed on page one of this lease agreement. If the full term of this lease agreement is not fulfilled for any reason then the total amount of the concession will become immediately due. Rental payment must be on time or concession is void. Leaseholder/Occupant Initials: 28. NON LIABIIITY OF LANDLORD: Leaseholder agrees that Landlord, its principals, owners, employees, or agents shall not be liable to Leaseholder, Leaseholder's family, agents, employees, or guest, or to any persons entering the premises or the building of which the leased premises are a part, for injury or death to person or property arising from all crime, encompassing, but not limited to theft, vandalism. assault, battery, and including sexual assault/battery, or from any casualty, including, but not limited to, fire casualty, occurring in the premises or the building or on the grounds and common areas of the apartment community, EVEN IF CAUSED BY LANDLORD'S NEGLIGENCE, and TENANT EXPRESSLY ASSUMES ALL SUCH RISK. LANDLORD IS NOT RESPONSIBLE FOR, AND DOES NOT GUARANTEE, THE SAFETY OF LEASEHOLDER, LEASEHOLDER GUESTS, FAMILY, EMPLOYEES, AGENTS, OR INVITEES. Leaseholder/Occupants Initials: LEASEHOLDER AGREES TO LOOK SOLELY TO THE PUBLIC POLICE AUTHORITIES FOR SECURITY AND PROTECTION. ANY SECURITY THAT MAY BE PROVIDED IS SOLELY FOR THE PROTECTION OF LANDLORD'S PROPERTY. Leaseholder/Occupants Initials: Leaseholder agrees to indemnify and hold Landlord harmless from all claims, costs, and expenses arising from injury to persons or property. LANDLORD SHALL AT ALL TIMES MAINTAIN ADEQUATE FIRE, CASUALTY AND LIABILITY INSURANCE TO INSURE AGAINST THE RISKS DESCRIBED ABOVE. Page 5 of 33 LEASEHOLDER AGREES THAT THERE ARE NO IMPLIED WARRANTIES OF HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE BY LANDLORD IN THIS LEASE. Leaseholder/Occupants Initials: In witness whereof, the parties hereby accept the above written terms, conditions and covenants, rules and regulations, and hereunto set their signature, the day and year first written above. Leaseholder Signature Date Leaseholder Signature Date http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO.htmi 7/18/2008 XE\4A Financial Housing 1, LLr Leaseholder Signature V ate JACKIE A Community http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO. html Page 6 of 33 ?-l -o ?( Date 7/18/2008 MMA Financial Housing 1, LLC Page 7 of 33 The following items are addendums to this lease and are considered part of this lease agreement. CAPREIT RESIDENT SERVICES COMMUNITY RULE AND REGULATIONS Welcome to your new apartment home. The following rules and regulations are for the safety and convenience of the residents and the apartment community. These rules and regulations may be added to, amended or replaced by the manager upon thirty (30) days prior written notice unless an emergency requires immediate implementation. THESE RULES AND REGULATIONS HAVE BEEN ESTABLISHED BY THE AGENT/MANAGER AND ARE HEREBY MADE PART OF THE LEASE AGREEMENT. Defined terms used herein shall have the same meaning as giving in the lease agreement. Failure to comply with the rules and regulations may, at the discretion of the agent, be deemed a breach of the lease agreement, and subject you to being evicted. You are responsible for seeing that persons on the community with your express or implied consent comply with these rules and regulations as well as with the lease agreement. RENTAL PAYMENTS AND LATE CHARGES: All rents are due and payable in advance on the first of each month. Monthly bills are not rendered. Please make checks payable to your community name and forward to the Office or as specified by Management. Cash cannot be accepted on the premises. A late charge will be assessed on all rents after the 5th of each month. See page one of this lease agreement. Rents not received by the open of business on the 6th of each month must include the late charge or they will not be accepted. SIXTY (60) DAY NOTICE: A sixty (60) day written notice must be given to the Community Manager prior to resident vacating. The notice is required even in the event the resident intends to vacate at the termination of the lease. The notice should state a definite moving date. Vacate notice forms are available at the Office. ENTRANCES. HALLWAYS, STAIRWAYS: The sidewalks, hallways, stairways, landings, and public common areas shall not be used for any purpose other than ingress to and egress from the apartment building. These areas shall be kept clear of bicycles, carriages, motorcycles, toys, waste receptacles/trash, cigarettes, footwear, umbrellas and all other articles- at all times. PATIOS AND BALCONIES: All patios and balconies must be kept clean and clear of storage items. Installing screens, screen doors, blinds, fences, awnings, or lattice is prohibited. Hanging clothing, garments, rugs, linens and towels over railings of patios or balconies will not be permitted. The patios or balconies should not be used for anything except patio furniture, flower boxes and plants. As a safety measure, do not use barbecue grills on balconies or patios, and do not place plants on balcony railings except on ground level. Patios and balconies are not to be used for storage under any circumstances. Storage of flammable and hazardous material is prohibited. STORAGE ROOM: (Where applicable) Storage space has been provided for each apartment. While every effort is made to safeguard property, Management assumes no responsibility for loss or damage to articles stored in any area outside of the apartment. Do not store gasoline, paint, or other inflammable materials in these storage areas. Any items placed outside your apartment which are not considered patio furniture by management's discretion will be removed by Management and a charge will be assessed. CHILDREN: Children are not permitted to play in the hails, stairways, parking areas or anywhere in or around the buildings where they may endanger themselves or unnecessarily disturb other residents. Children are not to play in the drainage ponds. Organized games or sports are prohibited on the lawns, sidewalks, etc. Designated play areas must be used. Children of working parents must be adequately supervised by someone designated by the parents and be provided with means of access to their apartment at all times. It is of the utmost importance that children be so supervised that they will not present a disciplinary problem for the Management. http://Iocalhost/EvolutionNeVesiteWeb/letters/Lease%2OLettertkingO.html 7/18/2008 NWA Financial Housing 1, LLC Page 8 of 33 DISTURBANCES, NOISE: In consideration of your neighbors, no resident shall make, or permit any disturbing noises by him/herself, his/her family or friends. No resident shall play or operate any musical instrument, radio, or television in a manner which will disturb his/her neighbors, or permit any boisterous conduct or other actions which will disturb the peace and quiet of the premises. SOLICITORS: Door to door soliciting is not permitted. Residents are requested to notify the Office or Courtesy Officer (where applicable) when solicitors appear in the building. LAWN AREAS: In line with a continuing program of beautification and landscaping of the community, lawn areas must be kept free of litter, parked bicycles, wagons, baby pools, motorcycles, lawn furniture, tables, and other equipment. All lawns, shrubs and trees shall be cut and maintained ONLY by the associates, agents of the Owner, and Landscaping Contractor. No gardening or planting of any kind will be permitted unless other wise approved by Management. Any such planting will be removed at the discretion of Management without notification. SERVICE REQUESTS: Service Requests should be submitted to the Office. Most requests for service will be completed within a 24 hour period, Monday through Friday during normal business hours. In case of emergency maintenance for weekends, holidays and after office hours, a 24-hour service will be available to respond to your call and forward your request to the appropriate person only if the leaseholder is at home. Emergencies include fire, flood, electrical outage, heat/air conditioning and sewer back- ups. Residents' request for service cannot be fulfilled if pets are left unattended. TELEPHONE/CABLE/ANTENNAS AND AERIALS: Telephone and cable connections may only be placed at previously wired locations provided by the telephone and cable companies. Additional drilling, cutting or boring for wires is not permitted without approval from the Manager. No outside or attic antennas or serials shall be permitted. Satellite dishes must be approved in writing by management. Certain fees and restrictions apply. AU TERATIONS AND REDECORATION: Residents are prohibited from making any alterations or additions to the structure, equipment, or fixtures, or do any redecoration or repainting without the written consent of the Management. LOCKS AND KEYS: At the time of move in, you are issued keys to your apartment, mailbox and alarm, if applicable. These keys together with any and all duplicates made by the resident must be turned in to Manager upon vacating the apartment. No lock may be changed or added to any exterior or interior door without written consent of manager. Manager must retain a passkey to each apartment. Should you require locks to be changed during the term of your lease, you will be charged for a complete set of locks and labor to change these locks. You must call a locksmith if you are locked out after hours. MAILBOX: Postal regulations require boxes to be closed and locked. Do not place notices of advertisements on mailbox facilities unless a display board is provided. FIREPLACES where applicable) Please make sure your damper is open when building a fire. Do not use your fireplace without a grate, and be sure the screen is closed. Be sure your fire is out before leaving or retiring. Please do not dispose of hot ashes or coals. Once these ashes are cool, please dispose of properly and safely. Please do not leave children unattended when you are burning a fire. PRIVACY: If resident is expecting a guest, deliveryman or repairman, resident should notify the Manager in writing. (Forms located at the Office) Manager will not grant anyone, other than owner's representatives, access to your apartment under any - circumstances (except in the case of emergency or if presented with a search warrant) unless resident gives specific written permission. Please notify the office with changes in your home or work phone numbers, or a number where you can be reached in the event of an emergency. Your numbers are strictly confidential for our files. PLUMBING: The plumbing fixtures shall not be used for any purpose other than, for which they were designed. Resident will be charged for problems resulting from negligence or misuse of fixtures. This will be assessed as an additional rent due in the next month. The garbage disposal will take only soft food items. Do not put potato peels, bones, stringy vegetables (carrots, http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertlcingO.html 7/18/2008 MMA Financial Housing 1, LLC Page 9 of 33 celery, com husks, etc.), cigarettes, paper or eggshells in the disposal. Keep warm water running while the disposal in operation. You will be charged for misuse of the disposal. WINDOW COVERINGS: To assure a uniform exterior appearance throughout the community, all window coverings are furnished by the management. Window coverings must be in good repair at all times. Under no circumstances may windows be covered by any substance other than those designed as a window covering. (i.e. bed linens, towels, aluminum foil, reflective film, flags, paper products. etc.). No signs, signals, illumination, advertisement, notice or any other lettering or item may be displayed on windows, doors, or other part of the building with the exception of intrusion alarm stickers. All window coverings must be white lined. PARIONNG: Parking shall be on a first-come, first-serve basis. Park in designated areas only. Any vehicles parked illegally in handicapped spaces, in front of rubbish containers, alongside curb lanes, or in no parking zones, will be towed without notice at the owner's expense. Management reserves the right to limit the number of vehicles allowed per apartment. All vehicles must be registered with the office. Please notify owner immediately of any changes of owned vehicles. All vehicles must have a current valid motor vehicle license. All trucks, vans, boats, and recreational vehicles are to be parked in designated areas only and written consent form the management must be obtained before parking the vehicle on the premises. Manager may require a monthly rental for such parking. Residents may not perform auto repair work of any kind on the community. (This includes oil changes, tune-ups, etc.) Vehicles with expired plates, flat tires, or which are abandoned, unsightly, or deemed inoperable by owner are not permitted to be kept on the property, and may be towed without notice. Semi-tractors, trailers, and buses are not allowed on the property at any time. No commercial vehicles are permitted on the community. Parking or driving on the grass will result in a fine of $ 50.00, charged as additional rent, and may be towed without notice. Please be aware of this policy while moving in and out, and having deliveries made to your apartment, as you are held responsible for any delivery persons. Motorcycles are only to be parked in parking areas. They are not to be parked under stairways, on walkways, patio/balconies or in your apartment. This is a fire hazard and will not be permitted. All motorcycles and mini bikes must be properly licensed and no one under age is allowed to operate a vehicle on the apartment community. IF THE APARTMENT SHOULD HAVE GARAGE OR COVERED PARKING, THE FOLLOWING SHALL APPLY IN SUCH AREAS OR FACILITIES: 1) Parking shall be available in areas designated for resident parking, for such daily or monthly charges as owner may establish from time to time or as may be provided in any parking/garage agreement and made part of the lease agreement. 2) Parking sticker, key card or another form -of identification device may not be obliterated. Devices are not transferable and any device in the possession of an unauthorized holder will be void. Loss or theft of identification, key card or other such devices must be reported to the manager immediately. Manager may require reasonable deposits for key card and other device and may impose reasonable charges for replacements. (If applicable) SPEED LEMT: The speed limit throughout the community is 15 MPH, or as posted. Please help us observe this speed limit for everyone's safety. CAR WASHING: There will be no washing of cars, trucks, boats, trailers, or other vehicles on the apartment community (except in locations designated by management). Violators will be charged $25.00 for each occurrence. WATERBEDS: Waterbeds arc not permitted in the apartment unless otherwise authorized by the manager and (1) resident has provided proof of flotation bed insurance in the amount of $100,000 (2) insurance lists apartment community as additional insured (3) resident complies with other applicable local laws and ordinances (4) a copy of current insurance policy is given to management. http://localhost/EvolutionNet/esiteWebAetters/Lease%20Lettertkingo.html 7/18/2008 MMA Financial Housing 1, LU' Page 10 of 33 INSURANCE: Coverage maintained by your apartment community does not protect residents from loss or damage of personal property by fire, theft, water damage, or any cause whatsoever. Owner will be liable for the loss and damage to owners property unless caused by negligence. Residents are advised to obtain insurance protecting their household goods, personal property and vehicles. PEST CONTROL: Extermination of your apartment will occur upon request. If there is a pest problem, please contact the office and the exterminator will be scheduled for additional treatment. * Note: Some communities perform pest control on a weekly/monthly schedule. Please assist our pest control company by maintaining a high standard of good housekeeping. Residents shall not refuse entry by pest control service. If the resident has a pet and it becomes necessary to spray for fleas, residents must pay additional charges when services are rendered and upon vacating the apartments. TRASH REMOVAL: Rubbish containers are provided for your use. Please see that all garbage is in plastic bags and securely tied and placed in the containers provided by owner, not beside them. If trash is left on your patio or other improper area, and removed by management, there will be a $25.00 charge as additional rend due the next month. Repeat offenders are at the risk of lease termination. New residents are required to break down any boxes before placing in the containers. Recycling bins may also be available for your use. LAUNDRY FACILITIES: (where applicable) If the apartment community provides laundry facilities, please remove clothing promptly. Do not use tints or dyes. Report any malfunction of the machines to the office. Use of facilities shall be at the risk of the person using it. Please follow instructions posted in the laundry facilities. LAKES, PONDS & CANALS: (where applicable) Lakes, ponds and canals in or bordering the property are there for aesthetic or water retention purpose only. No swimming, or boating is permitted, unless otherwise posted. Owner assumes no liability to persons or loss of property with reference to use of lakes, ponds, and canals. GUESTS: Residents shall be responsible for conduct of their guests. No guest may stay with you for longer than 14 consecutive days in any twelve-month period without prior written consent. Any violation of the lease agreement or community policies by the guest is deemed to be a breach by the resident. DAMAGE OR WASTE: Residents will be charged for damage to the property as a result of negligence, carelessness, or misuse. The resident shall at all times maintain the interior of his/her apartment in a clean, orderly and sanitary condition. No interior alteration or redecoration of any kind may be done without the written consent of management. Small nails are permitted, however, no adhesive hangers or molly bolts are to be used. Do not use strong soaps on walls; many cleaners will damage paint and texture. The resident shall be liable for all damages to the building caused by moving furniture or other articles of the residents. No awnings or other projections including air conditioners, television/radio antennae or wiring shall be attached to or extended from the outside of a building or any part of the building for any purpose. The resident is required to report to the manager's office at once any accident, damages or injury to water pipes, toilets, drains or fixtures, electrical wires or fixtures, roof leaks, or other property of the management and all breakage, damage or loss of any kind. Resident shall not waste electricity, water, heat or air conditioning or other utilities or services provided by management. Resident shall keep corridor (if any) closed except when persons are entering or exiting the apartments. PETS: A pet deposit and/or a non-refundable fee are required on all pets regardless of when the pet is acquired. Pets must be kept on a lease at all times when outside of the apartment and are never allowed in the pool area. Pets must not be listed on the pet restriction list, which includes certain breeds. A separate pet addendum must be entered into and accepted by management. You are responsible for any damage to the apartment or grounds caused by your pet. Pet waste must be disposed of immediately in proper receptacles. The management may deny and/or revoke any resident's authorization to harbor a pet should the resident fail to comply with any or all of the policies in the pet addendum, and take such other action as it deems appropriate to enforce these policies. Please walk you pets in the designated areas provided by management (if applicable). http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO.html 7/18/2008 MMA Financial Housing 1, LLC Page 11 of 33 DELIVERY OF PACKAGES: The office can accept your packages too large for the mailbox or U.P.S. packages, in the event you are not at home. Signature of receipt and I.D. is required. The office may refuse to accept delivery at its sole discretion. Please pick up promptly due to limited storage space LIGHT BULBS: All fixture bulbs are provided at the time of move-in. We will replace any fluorescent bulbs. Replacement of all other bulbs in fixtures controlled by the resident is the responsibility of the resident. All bulbs must be replaced at the time of move-out. MAINTENANCE PERSONNEL: Please do not ask maintenance to perform repair services. They are not allowed to enter any apartment without a written request from the office staff. When maintenance service is required, please call or come into the office and give us your request. This keeps a service record and enables us to take care of problems in a timely manner. GOVERNMENTAL COMPLIANCE: Resident shall comply with all municipal, county, state, federal or other government laws, statutes, codes, regulations, and other requirements including, without limitation, health, safety and police requirements and regulations respecting the obligations of resident under the lease. Resident shall at all times comply with ordinances relating to use of flammable explosives, asbestos or other hazardous toxic, contaminated or polluting materials, substances or wastes. USE OF APARTMENT: Resident shall not: 1) carry on any activity except those ordinarily embraced within the permitted use of the apartment as a resident, 2) install or operate any internal combustion engine, boiler, machinery, refrigerating, heating or air conditioning equipment in or about the apartment without owner's prior written approval, 3) operate any electrical or other device which may interfere with or impair radio, television, microwave or other broadcasting or reception in the apartment community or elsewhere, 4) do anything in or about the apartment tending to create or maintain a nuisance or do any'act tending to injure the reputation of the apartment community, 5) throw or permit to be thrown or dropped any article from any window or other opening in the apartment community, 6) use or permit with the apartment community anything that invalidate or increase the rate of insurance on any policy carried on the apartment community, 7) use the apartment for any purpose or permit within or upon the apartment anything that may be dangerous to persons or the apartment community (including but not limited to flammable oils, fluids, paints, chemicals, unlicensed firearms or any explosive articles or materials). RECREATIONAL FACILITIES: Management has provided recreational facilities and areas for the use of residents and their guests. Residents are responsible for their guests and should use the facilities at their sole risk. Resident will be responsible for any loss or damage. Any resident or guest may be barred from use of the facility for a violation of rules and regulations. Management may establish from time to time schedules or rules and regulations for the use of each facility. These rules and regulations will be posted in or near each facility. If the community should have any form of identification (i.e. stickers, tags, keys, cards, etc.) for entry and use of the facilities, such identification should be available if requested by agent, staff or representative. Identification is not transferable. Loss or theft of identification must be reported to owner immediately. Owner may require a reasonable deposit and may impose a reasonable charge for replacement. MANAGEMENT IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY. POOLISPA RULES: (where applicable) 1. Warning swim at own risk. No lifeguard on duty. (Were applicable) 2. Pool hours are posted at the pool. 3. No food or glass containers in pool area. 4. Pool and spa is to be used exclusively by residents and their guests. Please limit guest to 2. A resident must accompany all guests. 5. Children under the age of 14 must be supervised and accompanied by a parent or guardian. 6. Children under the age of 18 are not permitted in the spa. 7. No pets allowed in the pool area. 8. Shower before entering the pool. Proper attire must be worn. 9. No floats, tubes, rafts, balls or play equipment may be used in the pool. 10. No running, diving, pushing, jumping, abusive language or undue disturbance will be tolerated. 11. Residents are requested to place towels over pool furniture before using suntan or other lotions. 12. Radio and other musical instruments must not disturb others and must be kept at a low volume. 13. Pool and cabana furniture cannot be removed from the pool area. 14. Pool may be closed at any time due to weather conditions, repairs or other operational difficulties and at the discretion of the management. http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO.html 7/18/2008 MMA Financial Housing 1, LI r' 15. No smoking in the pool area. TENNIS/RACQUETBALL/BASKETBALL COURT: (where applicable) 1. Hours will be posted. 2. Wear only regulation shoes on the court. 3. No smoking, eating or drinking on the court surface. 4. Do not walk behind courts when play is in process. 5. Do not enter neighboring courts to retrieve ball while play is in progress. 6. All guests must be accompanied by a resident and all rules explained by a resident. 7. Limit singles play to 1 hour and double play to 1 1/2 hours. 8. Only players and persons taking lessons are allowed on the court. 9. Do not throw rackets on courts or use abusive language. 10. No other activities that those for which the court was designed are allowed on the court. HEALTH CLUB OR FITNESS CENTER: (where applicable) 1. Hours are posted. 2. All guests must be accompanied by a resident. 3. Children under the age of 18 are not permitted to use the fitness equipment. 4. Proper attire must be worn. 5. Proper use and treatment of the equipment is the responsibility of the resident and their guests. 6. No food, glass containers or smoking is permitted. 7. Residents will be held responsible for any loss or damage to equipment. 8. Residents must provide their own towels. Wipe equipment after use. 9. Management is not responsible for any personal injury. PLAYGROUND AREAS: (where applicable) 1. Hours are from 8:00 a.m. to dusk. 2. Children must be accompanied by a parent or a guardian. 3. Parents or guardians are responsible for the safety of their children. 4. No one over 12 years of age is permitted on Jungle Jim equipment. (if applicable) 5. No one over 65 lbs. is permitted on swings. 6. Not more than one person on slides, ladders or swings. No overcrowding. 7. No pushing or shoving. 8. No one permitted after dark. Page 12 of 33 BICYCLES: Bicycles, roller-blades, and roller-skates are prohibited on grass areas, landscaping, sidewalks, garages(where applicable), or hallways. For the safety of all residents, do not use automobile traffic areas. SPECIAL REQUESTS: Any and all complaints, requests, suggestions and special arrangements should be put in writing and turned into the office. Suggestions to make your living in our apartment home more enjoyable will be greatly appreciated. The comfort and convenience of all resident are our primary concern. THE CARE AND SERVICE OF OUR CUSTOMER IS OUR HIGHEST MISSION. CURFEW: Curfew for anyone under the age of 18 is 9:00 P.M. http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO.htmi 7/18/2008 MMA Financial Housing 1, LI r Page 13 of 33 I CERTIFY THAT I HAVE READ AND UNDERSTAND THE ABOVE RULES AND REGULATIONS AND AGREE TO ABIDE BY ALL OF THE PROVISIONS STATED ABOVE. I FURTHER UNDERSTAND THAT ANY VIOLATION OF THESE POLICIES SHALL BE CONSIDERED AS A BREACH OF THE LEASE AGREEMENT. Leaseholder Signature Date Leaseholder Signature Date http : //l ocalhost/Evoluti onNet/esiteWeb/l etters/Lease%20Lettertki ng0. html Date 2H t)' Date 7/18/2008 MMA Financial Housing 1, LLC Section 42 Disclosure Addendum This Addendum is hereby made a part of the Apartment Lease Agreement executed on between CUMBERLAND POINTE (Owner) and Fiona Mota (Resident) for the premises known as: 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Page 14 of 33 SECTION 42 DISCLOSURE: Resident acknowledges that this community is operated pursuant to the rules and regulations of the Federal Low Income Housing Tax Credit Program (THE PROGRAM). The Program provides for a specific maximum monthly rent, which may be charged for the premises. This amount is subject to an annual adjustment based upon the median income for the area as determined by HUD. The Program also requires that the property be leased to "qualified households" as defined by Section 42 of the IRS Code. At this community, qualified households must meet certain age and income restrictions. Resident agrees to notify Owner immediately of any material changes in income or number of persons living in the rental home. Resident further acknowledges that qualification to remain as a resident is at all times dependent upon the household meeting all student status requirements and agrees to notify the Owner immediately of any change in student status. Should Resident fail to meet all student status requirements, Resident will be deemed as unqualified, and will be subject to immediate eviction. It is specifically agreed that each obligation of the Lease, Application, and Certification is material, and that violation of any obligation or misrepresentation of any information will constitute a breech of the lease. Resident is fully aware that this lease may not be canceled or otherwise terminated prior to its expiration without the prior written consent of the Owner. Abandonment of the premises or termination of the Lease for breach will not release Resident from the obligation to pay future rent payments as provided herein. Resident agrees that ninety (90) days prior to the expiration of the Lease Agreement, the Resident will submit to the Owner all documentation required to re-certify that the Resident remains a "qualified household". In the event that Resident fails to deliver such information, or Owner determines whether in connection with a renewal or otherwise, that the Resident is no longer a qualified household under The Program, Resident agrees to vacate the premises upon the earlier of the expiration of the Lease, or upon thirty (30) days written notice from Owner of non-qualifying status. Resident agrees that information provided on the resident Income Certification form is true and accurate, and that the Resident will not permit any person not listed thereon to occupy the premises. Resident agrees that any change in the household will be reported, and that a new resident Income Certification form will be processed to determine continuing eligibility. The discovery of any additional or other occupant of the subject premises will be grounds for termination of residency for all residents and occupants. HOUSEHOLD: The following persons, and no others, will be allowed to live in the leased premises during the term of the Lease: Fiona Mota http://Iocalhost/F,volutionNetlesiteWeb/letters/Lease%2OLettertkingO.htm] 7/18/2008 MMA Financial Housing 1, LLr Page 15 of 33 Resident agrees that the rental amount indicated in the Apartment Lease Agreement (paragraph ) may be increased once during the initial term and/or during any renewal terms of this )Lease. Owner agrees that Resident will be provided 30 days written notice of any such increase. Any such increase will be computed in accordance with applicable IRS regulations and shall not exceed seven percent (7%) of the current rate. Leaseholder Signature Date Leaseholder Signature Date Leaseholder 'gna Date JACK E ER Date Community Mania http://1 ocalhostlEvoluti onNet/esiteWeb/letters/Lease%20Lettertking0. html 7/18/2008 MMA Financial Housing 1, LLB' RESIDENT INFORMATION Work Phone # Home (cell) Phone# Vehicle Information: Make: Model: Year: Tag# Page 16 of 33 ID # ID # In case of Emergency Contact: Name: Relationship: Address: Phone # Name: Relationship: Address: Phone # http://1ocalhostfEvolutionNet/esiteWeb/letters[Lease%20Lettert dng0.html Make: Model: Year: Tag# _ 7/18/2008 MMA Financial Housing 1, LLC MILITARY TRANSFER CLAUSE Page 17 of 33 In the event of a military transfer out of the local area, resident(s) may terminate lease and be relieved of further obligation for any unexpired portion of this lease. Resident(s) must (a) give a 60 day written notice, (b) furnish management with a copy of military orders as proof of transfer, (c) all rent and miscellaneous charges in arrears, if any, are paid through the date of vacating the premises, and (d) pay for damage to the premises caused by Resident's use. Resident's obligations and responsibilities to lease shall then be deemed fulfilled per the terms of the Security Deposit Agreement. Leaseholder Signature Date Leaseholder Date Leaseholder Signature Date JACKI TU Date http://Iocalhost/F-volutionNet/esiteWeb/letters/Lease%2OLettertkingo.htmi 7/18/2008 MMA Financial Housing 1, LLC Page 18 of 33 UTILITY TRANSFER ADDENDUM Fiona Mota 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 I (We) agree to have the Electric used for heating, hot water, and the Electricity taken out of CUMBERLAND POINTE and put into the name of the above mentioned resident, no later than three (3) days after move in date of . I understand that if the utilities are not put in the resident's name by that service will be canceled. Please contact Penn Power at 1-800-720-3600 to transfer the utilities. Leaseholder Signature Date Leaseholder Signature Date Leaseholder Si a Date ?-f JACKIE ER. Date Community Manag http://localhost/EvolutionNet/esiteWeb/letters/Lease%20Lettertking0.html 7/18/2008 L MMA Financial Housing 1, LLC UTILITY TRANSFER ADDENDUM Fiona Mota 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Page 19 of 33 I/We have had all utilities placed into the name of a Leaseholder and have provided proof of such to the Owner/Management Agent. We understand that should the utilities be placed back into the name of the Owner/Management Agent during our residency, the Owner/Management Agent may request that the utility company discontinue service in the name of the Owner/Management Agent. Any amount of utility reimbursement owed to the Owner/Management Agent is the responsibility of all Leaseholders. I have received proof of the above. Leaseholder Signature Date Leaseholder Sign Date Leaseholder Signature Date JA KI T ER. Date Community Mana http://Iocalhost/EvolutionNet/esiteWebAetters/Lease%2OLettertkingO.html 7/18/2008 MMA Financial Housing 1, LLC Page 20 of 33 SECURITY DEPOSIT AGREEMENT CUMBERLAND POINTE has received $ 0.00 as a Security Deposit for: 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055. Management agrees that subject to the conditions below, this Security Deposit will be returned in full upon move-out, with 0% Interest earned from the date the lease originated. Undersigned agrees that Security Deposit may not be applied as rent and that the full month's rent will be paid on or before the first day of every month (including the last month of occupancy). RELEASE OF SECURITY DEPOSIT IS SUBJECT TO THE FOLLOWING: 1. A written 60-day notice to vacate must be given. No vacate notices will be accepted for less than 60 days. 2. No damage to property beyond ordinary wear and tear. 3. Entire apartment including washer/dryer, range, exhaust fan, refrigerator, cabinets, closets, and bathroom(s) must be cleaned. 4. No unpaid late charges or delinquent rents. 5. All original keys issued at the time of move in must be returned. 6. All debris, rubbish, and discards are to be placed in proper disposal containers. 7. Forwarding address must be left with management. 8. Security Deposit will be forfeited if resident fails to move in. You have a 3-day period in which to cancel. 9. Responsible for any damages incurred by pets. Your Security Deposit will be refunded by check within 45-60 days after your lease expires. Leaseholder Signature Date Leaseholder i Date Leaseholder Signature Date JACKIE TLt-kEV Date Community M http://IocalhostBvolutionNet/esiteWeb/letters/Lease%20Lettertking0.html 7/18/2008 MMA Financial Housing 1, LLC Page 21 of 33 CERTIFICATION OF INSPECTION OF SMOKE DETECTOR Fiona Mota 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 This is to advise you that the smoke detector (s) in the above-mentioned apartment have been inspected and tested by a member of our Service Team at on The smoke detector (s) are in proper working condition. If you should have a problem with the detector, please call the office. Leaseholder Signature Date Leaseholder Date - - T'--. ?ell -1 Leaseholder -' Signature Date JACKIE UC Date Community anager http://localhost/EvolutionNeVesiteWeb/letters/Lease%20LettertkingO.html 7/18/2008 MMA Financial Housing 1, LLC Page 22 of 33 AMENDMENT TO LEASE AGREEMENT - PET AGREEMENT AND PET FEE 1. It is understood that by this addendum to the lease Agreement dated July 18, 2008, that CUMBERLAND POINTE allows pet (s) (Described below to be kept on the premises known as 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Type of Pet (s) Weight (Full Grown) Color Type of Pet (s) Weight (Full Grown) Color 2. RESIDENT agrees that said pet shall be kept upon the premises subject to RESIDENT abiding by the following rules and regulations: a) PET SHALL BE ACCOMPANIED BY AN ADULT, BE ON A LEASH AND KEPT IN AN AREA DESIGNATED BY MANAGEMENT WHEN OUTSIDE THE APARTMENT. b) Pets found unsupervised shall be turned over to the local authorities responsible for policing pets. c) Pets found damaging property shall be removed by RESIDENT within twenty-four (24) hours after receipt of written notice from Management. d) RESIDENT agrees to compensate Management for any damage to Management's property as a result of quartering said pet upon receipt of invoice from Management itemizing damages. e) Pets found to be causing unreasonable annoyance to other residents in the community, in the opinion ofthe Management, shall be removed by RESIDENT within forty-eight (48) hours. f) Pet must remain within a weight limitation of NA_ pounds. g) Dogs and cats must have current rabies registration. A copy must be submitted to Management. h) Pets will not be left on balconies unattended. i) Breed restrictions for dogs is applicable 3. It is further understood and agreed the resident shall pay a sum of $ 250.00, which is a non-refundable pet fee, and provide vet documentation of breed type and current shots. Pet fee and vet documentation must be provided before said pet is brought on premises. A monthly pet rent of $30.00 is due on the first of every month. Leaseholder Signature Date Leaseholder Signature Date JACKIE L Community Date _ ?- -4 Date http://Iocalhost/EvolutionNet/esiteWebAetters/Lease%2OLettertkingO.htmi 7/18/2008 MMA Financial Housing 1, LLC PARKING ADDENDUM Page 23 of 33 CUMBERLAND POINTE has contracted with a towing/wrecker service, which works in conjunction with the . This service is set up for the safety benefit of all residents at CUMBERLAND POINTE Apartments. 1. NO PARKING IN THE FIRE LANES FOR ANY REASON AT ANY TIME. 2. BLOCKING A DUMPSTER IS A PARKING VIOLATION WHICH WILL RESULT IN HAVING YOUR VEHICLE TOWED. 3. PARKING IS PERMITTED IN MARKED SPACES ONLY. NO CURB PARKING IS PERMITTED, THUS, CREATING BLOCKAGE OF OTHER VEHICLES. 4. ONLY ONE SPACE PER VEHICLE. 5. ALL VEHICLES ON PREMISES MUST BE PROPERLY TAGGED AND HAVE VALID REGISTRATION. 6. RECREATIONAL VEHICLES AND VEHICLES NOT USED ON A REGULAR BASIS MUST BE PARKED AT THE BACK OF THE PROPERTY IN A DESIGNATED AREA. 7. COMMERCIAL VEHICLES ARE NOT PERMITTED ON THE PREMISES. 8. NO PARKING IS PERMITTED ON THE GRASS. When you are loading/unloading please leave your flashers on to indicate a temporary situation. If you are blocked by another vehicle, which is illegally parked, please notify the Office immediately. Towing that occurs will be at the owners expense. Date Leaseholder Signature Leaseholder Signature Date Date 0-1-00 Date http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingO.htrnl 7/18/2008 MMA Financial Housing 1, LLC BARBECUE/GAS GRILL POLICY Page 24 of 3 3 The use of charcoal and gas grills is prohibited within ten (10) feet of combustible materials. In addition same grills cannot be stored above grade (ground) level or on any enclosed patios. The use of charcoal and gas grills is strictly prohibited on any balcony or patios. Anyone in violation of this policy is subject a fine by your local fire department. The continued violation of this policy is subject to action by Management. I have read and fully understand the above policy set forth by Management. I therefore release CUMBERLAND POINTE and the agents and associates of it from any and all liabilities that may occur as a result of my negligence and violation of this policy. Leaseholder Signature Date Leaseholder Signature Date Date "?Z);5 Date http://localhost/EvolutionNet/esiteWebAetters/Lease%20Lettertking0.html 7/18/2008 MMA Financial Housing 1, LLC Page 25 of 33 WATERBED ADDENDUM This addendum, which is attached to and made a part of the lease agreement between CUMBERLAND POINTE (lessor) and Fiona Mota 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 states the following: A waterbed may be permitted on the premises under the following conditions: 1). Waterbed insurance is required and proof of such is required at time of move in. 2). With the renewal of your lease a renewal of your policy must be provided. 3). Management is not responsible for damages caused by lessee(s) waterbed to another apartment. Leaseholder Signature Leaseholder Signature J-?FaK; Leaseholder Date Date Date Community http://localhost/EvolutionNet/esiteWeb/letters/Lease%20LettertkingO. html 7/18/2008 NWA Financial Housing 1, LLC EWPORTANT NOTICE TO RESIDENTS REGARDING INSURANCE Please be advised that it is in your best interest to purchase insurance protection for your personal belongings and yourself while you are a resident at this community. Renter's insurance is inexpensive, and the coverage includes the following accident or events: 1. Fire, windstorm, vandalism, smoke or water damage from problems in other apartments. 2. Theft - at home or away. 3. Personal liability - accidental injury to others. 4. Additional living expense - hotel bills, meals, etc. - if you must vacate a damaged apartment. Past experience indicates that many residents do not realize the importance of carrying a renter's insurance policy to protect their furnishings, clothing, jewelry, and other items. Many policies include coverage of loose items stolen from your automobile or boat. We urge you to contact your insurance agent for the description of the coverage available to you and the costs involved. These insurance policies are again inexpensive and can provide not only monetary compensation for your losses, but can also provide peace of mind in the event of an accident or loss. Page 26 of 33 I acknowledge that I have read and fully understand the contents of this notice. llate Leaseholder Signature Leaseholder Signature Date http://1 ocal host/Evoluti onNet/esiteW eb/l etters/Lease%20Lettertki ng0. htm l Date -1-6 Date 7/18/2008 NEVIA Financial Housing 1, LLC WAIVER OF LIABILITY Page 27 of 33 In consideration of the right to use the fitness facilities at CAPREIT/CUMBERLAND POINTE, the undersigned acknowledges and agrees that neither CAPREIT/CUMBERLAND POINTE (Owner) or their affiliates, agents, associates, successors, or assigns shall be liable for claims, demand costs or expenses arising out of any personal injury, property damage or loss which may be sustained by the undersigned or any persons whom the undersigned allows to use the facilities or their personal representatives or dependents, whether or not caused in whole or in part by the active or passive actions of CAPREIT/CUMBERLAND POINTE (Owner) or the affiliates, agents, associates, successors, or assigns or any cause whatsoever. In this regard, the undersigned hereby agrees to assume all risk of such occurrences and to hold CAPREIT/CUMBERLAND POINTE (Owner) and their affiliates agents, associates, successors, or assigns harmless and indemnity and defend same against and all claims, liabilities, damages, liens, and expenses (including, without limitation, reasonable attomeys' fees) arising directly or indirectly from any such occurrences. I have received approval from my physician to participate in this program. Leaseholder Signature Date Leaseholder Sign to Date -I n'z Leaseholder Signature Date JACKIE TU 'K Date Community Mana r http://Iocalhost/EvolutionNet/esiteWebAetters/Lease%2OLettertkingO.html 7/18/2008 MMA Financial Housing 1, LLC SWIMMING POOL POLICIES Fiona Mota 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Page 28 of 33 The following policies are for your protection and benefit. Your cooperation will assure safe and sanitary operation of the poll and the facilities and will enhance your enjoyment of the pool. Residents are responsible for the conduct of their guest and must be sure that the policies are observed and the instructions of the personnel are obeyed. Failure to comply with the rules shall be considered sufficient cause for any action deemed necessary by management including but not limited to the barring of violators from the pool areas. Pool attendants/monitors working under the supervision of management, will manage the pool and monitor passes. All persons using the pool or pool area do at their own risk and sole responsibility. Management does not assume responsibility for any accident or injury in the connection of such use. Residents and their guest or any other person or persons covenant agree with management and/or owners for and in consideration of the use of the pool as an added facility and other good valuable consideration, to make no claim against management/owners for or on account of any loss or damage to life, limb or property. The pool hours are posted on the pool door. The pool may be closed at anytime due to weather conditions, breakdown or other operational difficulties at the discretion of management. 1. All persons using the poll will be required to register with the attendant ' 2. All swimmers must shower with soap before entering the pool 3. Greaseless type of suntan lotion must be used instead of oil type. 4. No food/drink/smoking is permitted with the pool area. 5. Children under the age of 14 must be accompanied by an adult leaseholder for the admission to the pool area and must be under adult supervision at all times. Babies of diaper age will not be permitted at any time without protective plastic pants. 6. Residents will be responsible for the action of their guest. Ex: Should property be damaged by a guest, the cost of said damage will be charged to the responsible resident. 7. Proper bathing suit attire is required. No cutoffs, t-shirts or similar attire will be permitted in the pool. All suits require appropriate covering. 8. No strollers, bikes are any other wheeled vehicles will be permitted in pool area. 9. Admission may be refused to anyone with skin abrasions, colds coughs, inflamed eyes, infections or bandages. 10. No running, pushing, wrestling, ball playing or causing undue disturbance in or about the pool will be tolerated. 11. No intoxicants are permitted in the pool area. 12. Food and refreshments may only be consumed outside the pool area. 13. Abusive language will not be tolerated. 14. Street footwear will not be permitted on the concrete apron of the pool. 15. No ball, boards of any kind or flotation devices are permitted in the pool area. 16. All trash must be disposed of properly in proper containers. 17. Smoking is not permitted in the fenced in area of the pool. 18. Radios need to be kept at a reasonable level. Headphones are suggested. 19. Adult leaseholders that are babysitting another residents children/child MUST have notarized, written permission from the child's parent(s) and have that child's permit http://localhost/F-volutionNet/esiteWeb/letters/Lease%20Lettertking0.html 7/18/2008 MMA Financial Housing 1, LLC Page 29 of 33 21. Management reserves the right to update the pool policies as it sees fit. THANK YOU FOR YOUR ADHERENCE TO THESE POLICIES. HAVE A FUN AND SAFE SEASON! By signing below, I acknowledge that I have read, understand and aggress to the above pool policies. Leaseholder Signature Date Leasehol ee Date 'I'Q? Leaseholder Signature Date JACKIE R Date Community anag http://Iocalhost/F-volutionNet/esiteWeb/letters/Lease%20Lettertking0.htmi 7/18/2008 MMA Financial Housing 1, LLC Crime Free Multi-Housing Lease Addendum Page 30 of 33 This lease addendum is used as part of the Crime Free Multi-Housing Program in an effort to reduce crime on apartment properties. It is the heart and soul of this successful, police sponsored, crime prevention program. All residents of Crime Free Multi-Housing properties are required to sign the Lease Addendum. Please take time to read and adhere to these requirements. In consideration of the execution or renewal of a lease of the dwelling unit identified in. the lease, Owner and Resident agree as follows: Resident, any members of the resident's household or a guest or other persons affiliated with the resident: Shall not engage in criminal activity, including drug-related criminal activity, on or near the said premises. "Drug related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C.802]). 2. Shall not engage in any act intended to facilitate criminal activity. 3. Shall not permit the dwelling unit to be used for, or to facilitate criminal activity, regardless or whether the individual engaging in such activity is a member of the household, or a guest. 4. Shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of an illegal or controlled substance as defined in A.R.S. 13-3451, at any locations, whether on. or near the dwelling unit premises. 5. Shall not engage in any illegal activity, including prostitution as defined in A.R.S. 13-3211, criminal street gang activity as defined in A.R.S. 13-105 and A.R.S. 13-2308, threatening or intimidating as prohibited in A.R.S.13- 1202, assault as prohibited in A.R.S. 13-1203, including but not limited to the unlawful discharge of a weapon, on or near the dwelling unit premises, or any breach of the lease agreement that otherwise jeopardizes the health, safety, and welfare of the landlord, his agent, or other tenant, or involving imminent or actual serious property damage, as defined in A.R.S. 33-1368: 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation, and a material and irreparable non- compliance. It is understood that a single violation shall be good cause for immediate termination of the lease under A.R.S. 33-1377, as provided in A.R.S. 33-1368. Unless otherwise provided by law, proof of violation shall not require a criminal conviction, but shall be by a preponderance of the evidence. 7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern. 8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident. Leaseholder Signature Date Leaseholder Signature Date Date ?g Date http://Iocalhost/EvolutionNet/esiteWeb/letters/Lease%2OLettertkingo.htmi 7/18/2008 MMA Financial Housing 1, LLC Page 31 of 33 Disclosure of Information on Lead-Based Paint and/or Lead-Based Hazards 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 managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-base paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (0 or (ii) below: (i) Known lead-based paint and/or lead-based hazards are present in housing (explain) (ii) Lessor has no knowledge of lead-based paint or lead-based hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): W Lessor has provided the lessee with the available reports and records pertaining to lead-based paint or lead-based hazards in the housing (list documents below). (ii) Lessor has no reports or records pertaining to lead-based paint or lead-based hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home. Agent's Ac now dgement (initial) (e Agent has informed the lessor of the lessors obligations under 42 U.S.C 4852d and is aware of his er responsibility to ensure compliance. http://localhost/F-volutionNet/esiteWeb/letters/Lease%20LettertldngO.html 7/18/2008 MMA Financial Housing 1, LLC Unit #1261 EMERGENCY MAINTENANCE Page 32 of 33 1. Emergency Maintenance is to be used after normal business hours only! ONLY the following items are considered emergencies: 2. FIRE (Please call 911 first). 3. No Heat - Temperatures below 50 degrees outside. 4. No Air Conditioning - Temperatures above 80 degrees outside. 5. No Water - Includes hot water. 6. Water Leak - That cannot be contained in a bucket until the open of business. 7. No Electricity - This does not include general power failures from Penn Power. It does not include a single outlet unless it involves your stove or refrigerator. 8. Toilet Backups - Does not include a toilet stopped up because of resident error which includes too much paper, feminine products improperly disposed of, toys or other items, ect. If your apartment has two bathrooms, it is not considered an emergency if one is still operable. It is recommended that you purchase a plunger, which will take care of many blockages caused by resident error: 9. Broken Lock 10. Something that can cause physical damage, property damage, or is a safety hazard. 11. Broken window that is completely out -Not just one pane of glass. 12. Window that will not close or lock. 13. Stopped up sink - If causing damage. 14. Building lights not working -Not just one light -The whole building. 15. Kicked in doors - Secure temporarily, Make sure it locks. 16. If maintenance is called to your residence for a non-emergency, your residential account will be charged a service fee of $25.00, that will be due no later than with your next month's rent. 17. The on-call Service Technician will try to determine if your request is an emergency, prior to coming to your apartment to give you the choice of incurring the $25.00 service fee. 18. We appreciate your understanding in these matters, as this will help reduce our operational cost, allowing us to pass the savings on to you the resident. DOMESTIC DISPUTES, LOUD MUSIC, ECT. CALL THE POLICE. MAINTENANCE WILL N07-BE ABLE TO HELP YOU WITH THESE TYPES OF SITUATIONS. PLEASE SIGN BELOW, INDICA77NG THAT YOU HAVE READ AND UNDERSTAND THE INFORMATIONABOVE Leaseholder Signature Leaseholder Signature Date Date Community Date &k -/ z) Date http:/Aocalhost/EvolutionNet/esiteWeb/letters/Lease%20LettertkingO.html 7/18/2008 MMA Financial Housing 1, LLC Page 33 of 33 Thermostat Control Addendum This Thermostat Control Addendum dated July 18, 2008 is attached to and made a part of the lease dated 7-1-01 , (the "Lease") by and between CAPREIT, as agent for owner of the Apartments, and in CUMBERLAND POINTE. 1261 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 Resident acknowledges that it is necessary for Resident to provide appropriate climate control in the apartment to prevent pipes from freezing due to low temperatures. Resident agrees and understands that when outside temperatures reach 32 degrees Fahrenheit or below, that the thermostat must remain at 65 degrees Fahrenheit or above. Resident agrees and assumes the responsibility for damages incurred as a result of frozen pipes and the consequences thereof due to failure to set thermostat at 65 degrees or higher when outside temperature is 32 degrees or lower. Resident further agrees that Resident shall be responsible for damage to the Unit and Resident's property as well as personal injury to Resident and Occupants resulting from Resident's failure to comply with the terms of the Addendum. A default under the terms of this Addendum shall be deemed a material default under the terms of the Lease, and Lessor shall be entitled to exercise all rights and remedies at law or in equity. Except as specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In the event of any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control. Any term that is capitalized but not defined in this Addendum that is capitalized and defined in the Lease shall have the same meaning-for purposes of this Addendum as it has for purposes of the Lease. Resident or Residents: (all Residents must sign here) Leaseholder Signature Leaseholder Signature Date Leaseholder Si abire . Date Date JACKIE TL Community F -1 D4, Date http://localhost/F,volutionNet/esiteWeb/letters/Lease%2OLettertkingO.html 7/18/2008 1/2009 08: 7 99 00 ?t; (Mil' all other. persooi.hi pos""i"). ; . : ADDRESS: ;F7 mask upon you for. payment.ofraut foe the mooutb(a) of. ' is • the amount. stated below slot. • spartum and . promises at the above.sddress. . TUB is.wrMen'notiee to you that your lease far. apartment # ??lte„? 1_r;_._ at ?mh. P_. is endQd e • emu; have . not made; rental paymern on tuna for the mowtb(s) of 'WITHIN ten •(10) days after service•on you this no oe: you are required to pay the acid rent in %U or to deliver up possession of said premises to the undersigned. ; Id •patagrnpb '19 of your lease, the landlord bas the tight to end the lease if the lease•is violated. You have violated paragrapb 19; GCdon 4 by not making ' &t rental payment(s). You are further notified that tlie•laadlord,has 411 to, and bereby does, declare the raw ageemant or lease under which you hold the premises to be forfeited 'in the event that•you fail to pay. the rent as required herein: IF you fail to pay all such rant, or to surrender up possession of the prmuisea within non (10) 4m after service on you of this Nice, the landlord will institute legal prooeedinga against you -to recover possession of said penises, to declare such rental eamemont or lease f,Sr.*40 , to recover treble rent and damages for • ®law&t'datantion:of the p vmises, sad to recover axtomay`s fees and -court watt. AP'tBR you have followed all dw "check out" procedures, say balance of the -aecmity deposit will be sent to at the ' g address you give in writlag to the management ofBdx of ''(t t M: We file in aW each mwA - there is a S114M sod up -tiling fan - whicb will be bzbKW in' Amount do Cq- Date of Service Owaer%Agent Cc: resident fik PROOF OF•SIUMCI£ . .On ` I served the 'above Ton (10) day notice to pay reds or Quit in, the Mowing manner. ' By .posting a dopy in a ronapienous place an the property., I declare under pai i of per}ary that'tbe fb is 01110 a Ezacnted oar "V . at .. ? '... • ' •. ' • - • • ... Yom. ?A`'° CERTIFICATE OF SERVICE I do hereby state that on the ?) day of August 2009,1 served a true and correct copy of the foregoing document in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Legal Assistant ?c ; ; -• nv ".0 Af . /- 1..'t 1 'S rl „ I v CUMBERLAND POINTE : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. FIONA MOTA : No. 09-4994 Defendant , CIVIL ACTION-LAW ANSWER 1. 2. 3. 4. 5. 5(a). 6. 7. 8. 9. 10. 11. 12. Admitted. Denied. Defendant resides at 3988 William Street, Harrisburg, Dauphin County, PA. 17109. Admitted, but Defendant no longer resides at the listed address. Admitted that the terms of the lease are as stated, but denied that Defendant executed the lease. The lease was never signed by the Defendant. Admitted. Admitted. Denied. Defendant paid all rents as they came due. Admitted. COUNT I - IN ASSUMPSIT No response required. Admitted. Denied. Defendant moved out on or about July 25, 2009. Denied. Defendant did no damage to the leased premises. Denied. Defendant is without information sufficient to form a belief as the allegations and proof thereof is demanded at trial. 13. Denied. Defendant has paid all rents that are due. By way of further answer, Defendant was never credited with two months free rent as an accommodation by the Plaintiff for Defendant's work for the Plaintiff. 14. Denied. Defendant has paid all rents as they came due. WHEREFORE, Defendant prays that Plaintiff's complaint be dismissed and judgment entered for Defendant. Date: August 24, 2009 MIDPENN LEGAL SERVICES % BY ,!/k.• Geoffrey M. BT?g tf:t er401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 VERIFICATION I, Fiona Mota, make this verification that the facts set forth in the foregoing Answer, 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: 0 g ?® v? Fiona Mota CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Answer on this 24th day of August, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Jordan D.Cunningham, Esquire 2320 North Second Street Harrisburg,PA 17110 By:r Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 OF THE 2009 AUGG 214 AM I I * La f ??\ IIt..{4 ?.