HomeMy WebLinkAbout09-7269OF
COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
COMMON PLEAS No. Q 9 ' 7 02.60 9 Chi
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.
Harry/Donna Arnold
406 Br
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT 16 -12-0f1 d9C
Richard S. Dougherty
Enola, PA 17025
9/22/09 Harry/Donna Arnold w Michael Sanderson
LT-0000282-09
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice. will operate as a
SUPERSEDEAS to the judgment for possession in this case.
2.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.
S%i-k-orPr 0--tWy-D WAY
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 MilgkllEff$
Nam of AAWN s(s)
(Common Pleas No.
appeilee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
BAO@ftd oraffi-Wasgs01
RULE: To , appellee(s) ?T0Lo _S I U rx a r) IN.
Nsms of appsMss(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Slynstunr ofPh*hWwhryorD@p1fy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
qW -44
(This 1W AMW E OF NOT4EC OF APPEAL AND RULE TO FILE appeal MPLAINT
proof of service 5T Bt FILED WITHIN TEN (10)'DAYS AFTER filmy of the notice of Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of official before whom affidavit was made
Tide of official
My commission expires on
20
Signature ofaffiant
w
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COMMONWEALTH OF PENNSYLVANIA
"COLINTY OF: CMMaRLAW
May Dist No.:
09-1-03
?,4DJ Name Hon
RICHARD S. DOUQHBRTY
Add,ess: 98 S ENOLA DR STR 1
AWLA, PA
Telephone: (717 ) 728-2805 17025
RA>RRY/DOMM ARNOLD
406 BRICK CBQRCH RD
1ST FLOOR
ZXOLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment:
?Z Judgment was entered for: (Name)
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF:
NAME and ADDRESS
W.,=LD, RARRY/W M
406 BRICK CMMC8 RD
1ST FLOOR,
LAMOLA, PA 17025 J
VS.
DEFENDANT: /??? NAME and ADDRESS
FSAMA"oN
zXCRAAfI"L
,
607. S. R=LA DRIVZ
R NOLA, PA 17025
L_ J
Docket No.: LT-0000282-09
Date Filed: 9/08/09
z
Judgment was entered against SA-BRSOR, XXCRAZL in a
® Landlord/Tenant action in the amount of $ _ 1,228,50 on 9/22/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 550.00.
The total amount of the Security Deposit is $ 200.00
Total Amount Established b S?JOLess • Security Deposit Applied
Rent in Arrears 0 o
Physical Damages Leasehold Property $_ .00- $ .00=
Damages/Unjust Detention $ 724 00 - $ 200-00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice. Total Judgment
?Z Possession granted.
Possession granted if money judgment
Possession not granted.
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amount
$ 550.00
$ .00
$ 524_00
$ _00
$ _00
$_ 1,074_00
$ 1154-50
$ _00
$_ 1,228.50
? Defendants are jointly and severally liable.
- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
SEP 2 2 2009 Date
certi that this is a true an Ma isterial District
o copy rec e r s contalning a judgment.
Date , Magisterial District
My commission expires first Monday of January, 2012. AO 31 SA-08
SEAL
t
TH OF PENNSYLVANIA
Judicial District, County Of Cumbnrlan
NOTICE OF APPEAL
FROM
I { DISTRICT JUSTICE JUDGMENT 10 _.4-09 *t-
I COMMON PLEAS No. Q 9" 7 cZ (o 'Y C ,V , l
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.
qarry/Oonaa Arnold
Tlic';iarrl S. Dough( arty
406 .Iric 'htarc.h RO 1st Floor, ^nola, 'PA 17025
DATE OF JUDGMENT M THE CASE OF (PleWM lthfend"),
3/?7. 3?
'4arrv/notina Arnol,' liichael ^sanderso
I vs
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If
1001(6) in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
SOW- of Prom-my - Depw
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 f l9kXXt
appellee(s), to file a complaint in this appeal
Name of appe9ae(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s) TCAm r.. S ,r t. r C s y;
Name of appeltee(s) U
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was. by mail is the date of the mailing.
Date:
,20
signature of ProftwWary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BEFILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Dauphin ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
M
09269 a copy of the Notice of Appeal, Common Pleas - 7 , up?n t e District Justice designated therein on
?ctober 3 , 20 0 ? by of service y personal service El by (certified) (W&*d) mail,
sender's receipt attached hereto, and upon the appellee, (name) M. ichaei Sanderson on
October 23 20 09 ? by personal service ? by (certified) (XgKtLVr*d) mail,
sender's receipt attached hereto.
i
?---?1//
(SWOFWt(FFIRMED) A?D SoB eCrRIBED BEFO ME
THIS DAY OF a 20 J?
Signature of af6ant
11.1 .. ,. Names H. 'burner, Esq.
ur urrndar
My commission expires on 20
COMMODIWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Stacey A. Fogle, Notary Public
Susquehanna Township, Dauphin County
M cammisaioI expires Jan 02 2013
C •
¦ Complete items 1, 2, and 3. Also complete
Item 4 If Restricted DeWery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the tack of the mailpiece,
or on the space permits.
1. Article Add
ell 0- Z?
•a*?? V)
A. Slignature
r Agent
" i1
A.AX NrA??i.h_ a e
8. BeAtved by (Prl roe) C. Date of Delivery
0. is del my address different trap item 1? ? Yes
If YES, enter delivery address below: ? No
3. type
Mail, ? Express Mail
? Registered ? Return Receipt for merchandise
? Insured Mali ? C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. ArtMe Number 7006 3450 0002 3535 2061
(10"Aw Aar so V A b"
Ps Form 3811, Fwx y 2004 Doffm tc Return Reodpt 1a2511115102-W54o
¦ Complete Items 1, 2, and 3. Also oomplete
item 4 If Restricted Delivery Is desired.
¦ Prot your name and address on the reverse
00 fttwe can return the card to you.
¦ Attach this card to the hack of the mailplece,
or on the front If space permits.
1. Article Addressed to:
ho'? a\alyd -?> herby
Q z .'s - EA0la -'br, She
Enota PR nbaS
A. SW4hn
-
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c
9 Agent
.
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B. Received by Printed Name) C. Dat of Del
I rum A. -rfo-
M is delive address different from item 1? Y
If YES, enter delivery address below: C*lo
3. Typo
Certified Mail ? Express Mall
Registered Return Receipt for Merchandise
? Insured Mall ? C.O.D.
4. Restricted Delivery?ffxtra Fee) ? Yes
2. ArtioleNumber 7006 3450 0002 3535 2054
(rm"Aw Aar aawto Artie
PS Form 3811. Feb umy 2004 Dorn.etlc weaAn Rraosipt totes a¢-M tsao
FILED-€}IM
^669 GOT 27 P 1
ClUBERL ND COLNTY
PENNSYLVANIA
HARRY ARONLD and DONNA : IN THE COURT OF COMMON PLEAS
ARNOLD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. 09-7269 CIVIL
V.
MICHAEL SANDERSON,
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 TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la demada y la notificacion. Usted debe presentar
una apariencia escrita o en persona or por abogdo y archivar en la corte en forma escrita
sus defensas so sus objeciones a las demandas en contra de su persona. Sea avisado que
si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en al penticion de
demanda. Usted puede perder dinero o sus preopiedades o otros derechos imoportantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO,L VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCIO SI ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Court Administrator
Fourth Floor
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
HARRY ARONLD and DONNA : IN THE COURT OF COMMON PLEAS
ARNOLD, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 09-7269 CIVIL
V.
MICHAEL SANDERSON,
Defendant
CIVIL ACTION -LAW
COMPLAINT
AND NOW comes the plaintiffs, by and through their attorney, James H. Turner,
Esquire, and makes the following complaint:
1. Plaintiffs Harry and Donna Arnold are adult individuals residing at 406
Brick Church Road, 1St Floor, Enola, Pennsylvania 17025.
2. Defendant, Michael Sanderson, is an adult individual residing at 607 S.
Enola Drive, Enola, Pennsylvania 17025.
3. Plaintiffs are the owners of real estate situate at 406 Brick Church Road,
East Pennsobro Township, Cumberland County, more fully described in Record Book
276, page 2664, a copy of which is attached hereto as Exhibit A.
4. On or about August 1, 2009, plaintiffs and defendant entered into a written
lease for a portion of the above referenced premises. A true and correct copy of said
lease is attached as Exhibit B and incorporated herein by reference.
5. Pursuant to the terms of said lease, defendant agreed to pay to plaintiff the
sum of $550.00 each month in advance starting August 1, 2009, and continuing to July
31, 2010.
6. Defendant is in default in said lease in that he has failed to pay the rents
due for the months of September 2009 and thereafter.
7. The remaining balance due under the lease to plaintiffs after deduction of
the defendant's security deposit of $200.00 is $5,850.00.
8. Pursuant to the terms of the lease, defendant is responsible to plaintiffs for
court appearance fees of $200.00 and reasonable attorneys fees in the amount of $750.00.
9. Plaintiffs have received the sum of $1,228.50 from defendant leaving a
remaining balance of $5,571.50.
10. Plaintiffs have been unable to find a suitable tenant for the premises
despite reasonable efforts.
WHEREFORE, plaintiffs demand judgment against the defendant in the amount
of $5,571.50 plus interest and costs of this action.
James H. Turner, Esquire
TURNER AND O'CONNELL
4701 North Front Street
Harrisburg, PA 17110
717/232-4551
Attorney for plaintiffs
Verification
I verify that the statements made in the foregoing are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
Date:
Date: /I 5 D
3a?aa ?-
This Deed
Tax Parcel No. # 09-14-0834-082
RO M- P. ZVEa1.ER
RE%O"ER OF BEERS
M SEP 6 PA 3 34
MADE THIS 31 slay of August, in the year two thousand six (2006).
BETWEEN JOHN D. MCINTYRE, married man, of Enola, Cumberland
County, Pennsylvania herein designated as the Grantor(s),
AND
HARRY J. ARNOLD, and DONNA L. ARNOLD, his wife, of Harrisburg,
Dauphin County, Pennsylvania herein designated as the Grantee(s),
WITNESSETH, that in consideration of ONE HUNDRED TWENTY
THOUSAND FIVE HUNDRED AND 00/100 ($120,500.00) DOLLARS
in hand paid, the receipt whereof is hereby acknowledged, the said grantor(s) do(es)
hereby grant and convey to the said grantee(s), hisfherkheir heirs, and assigns:
ALL THAT CERTAIN lot or pieta of ground situate in East Pemboro Township,
Cumberland County, Pennsylvania, bounded and described in accordance with a survey
by Michael C. D'Angelo, registered Surveyor, dated June 13, 1975, as follows:
BEGINNING at a point on the westerly side of Brick Church Road (50 feet wide) at the
Northeast corner of Lot No. 15 on the hereinafter mentioned plan; said point being
measured along said road in a Northwardly direction 269.0 feet from the centerline of
Dauphin Street; thence extending from said beginning point along the Northerly said of
Lot No. 15 North 82 degrees 15 minutes West 150.0 feet to a pin on the Easterly side of a
10 foot alley; thence extending along said alley, North 8 degrees 22 minutes East 45.0
feet to a found stake a corner of lot No. 13; thence extending along side lot South 82
degrees 15 minutes East 150.0 feet to a found pin on the Westerly side of Brick Church
Road; thence extending along said road, South 8 degrees 22 minutes West 45.0 feet to the
point and place of BEGINNING.
MOK 276 fate ?(j64
BEING Lot No. 14, Block A on Plan of Lots of Enola Terrace, recorded in Plan Book 1,
Page 3.
rl,
BEING known and numbered as 406 Brick Church Road.
BEING THE SAME PREMISES which LueMe Guiseppe, now /maws as LadRe G.
Drake and Steven Drake, her husband, by Deed dated April 131h, 1984 and recorded
April 11* 1984, in Cumberland-County in Deed Book Q, volume 34, page 374, granted
and conveyed unto John D. McIntyre, single individual, joins in this conveyance to
divest himself of any interest he may have in this property.
TOGETHER with all and singular the improvements, ways, waters, water-courses,
rights, liberties, privileges, hereditament and aMn benances whatsoever thereunto
belonging or in anywise appertaining, and the reversions and remainders, rents, issues,
and profits thereof; and all the estate, right, title, interest, property, claim and demand
whatsoever of the said grantor(s), in law, equity or otherwise, howsoever, in and to the
same and every part thereof.
TO HAVE AND TO HOLD the said hereditament and premises hereby granted, or
mentioned, and intended so to be, with tite appurtenances, unto the said grantee(s),
his/her/their heirs and assigns FOREVER.
AND the said grantor(s), for himself/herself/themselves, his/her/their heirs, executors and
administrators, do by these presents covenant, grant and agree to and with the said
grantee(s), hisfher/their heirs and assigns, that hetshefthey, the said grantor(s)
his/her/their heirs all and singular the hereditament and premises herein above described
and granted, or mentioned, and intended so to be, with the appurtenances, unto the said
grantee(s? his4w/their heirs and assigns, against hini&er/them the said grantor(s), and
his/her/their heirs, and against all and every other person or persons whomsoever,
lawfully claiming orto claim the same or any part thereof,
SHALL AND WILL WARRANT AND FOREVER DEFEND
IN WITNESS WHEREOF, said grantor(s) has/have hereunto set his/her/their hand(s)
and seal(s) the day and year first above written.
Signed, Sealed and Delivered
In the Presence of
Witness
John D. Mein
Am MCE2M
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
On this, the31 atday of August, 2006, before me, a Notary Public, the umdm*ned
officer, personally appeared John D. McIntyre, known to me (or satisfacWdIY proven) to
be the person(a) whose name(s). is/= subscribed to the within instrument, and
acknowledged that he/she/they executed same for the purposes therein contained.
IN WI'T'NESS WHEREOF, I hereunto set mmr he)pd and official seat.
NOWM ftd ?rlot?ry
em wbia Daft NoWy Pd* Public
v
Cu ,CmV
Dom s&2=
wer,.r. Pmn"W r Aroetse M of NoWdo
CERTIFICATE OF
I do hereby certify that the precise residence and complete post office address of the
within grantees is:
30 Queen Avenue
Enola, PA 17025
SWk
?Nw
?i
?.
?s?asssss?rsss?s?.
I Certify '':ts 1 be recorded
In Cu-nit s :3n!,, C.otirty 1'A
i f Peeds
ieac 276 X2666
RESIDENTIAL LEASE
LANDLORD'S: Harry and Donna Arnold
TENANT'S: Michael Sanderson Drivers license # 15 389 532 SS # 19740-5964
1. This LEASE, dated August 1, 2009 is between LANDLORD(S) Harry and Donna Arnold called "Lands"," and
TENANT(S)Michael Sanderson called "Tenant," for the Property located at 406 Brick Church Rd 2nd Floor, Enola, PA
17025 called "Property"
Each Tenant is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs.
2. CO-SIGNERS: NONE
Co-signers: Each Co-signer is individually responsible for all obligations of this Lease, including rent, late fees, damages and
other costs. Co-signers do not have the right to occupy the Property as a Tenant without the Landlord's prior written permission.
3. LANDLORD CONTACT INFORMATION
Rental Payments: Harry or Donna Arnold
Address: 406 Brick Church Rd, Enola, PA 17025
Payable to: Harry or Donna Arnold
Contact: Harry or Donna Arnold
Maintenance Request: Harry or Donna Arnold
Address: 406 Brick Church Rd Fl 1, Enoia, PA 17025
Phone: (717)756-8501
Fax: (717)732-0599
RENTAL TERM
4. START AND END DATES OF LEASE (also called "Term")
(A) Start Date: 08/01/2009
(B) End Date: 07/31/2010
5. RENEWAL TERM
This Lease will AUTOMATCCALLY RENEW for a term of ONE YEAR at a $50 a month increase (also
called the "Renewal Tenn") at the End Date of this Lease or at the end of any Renewal Tenn unless:
1. Tenant gives Landlord at least 60 days written notice before End Date or before the end of any Renewal Term, OR
2. Landlord gives Tenant at least 60 days written notice before End Date or before the end of any Renewal Term.
?.w, as
Tensnft undlord(s)_ Ulf '
E-khibt+ PJ
RENT AND DEPOSIT
6. RENT
(A) Rent is due in advance, without demand, on or before the 1st day of each month.
(B) The total Rent due each month is: 5550.00
(C) The total amount of Rem due during the Tenn is: $6,600.00
(D) If Rent is more than 0 days late, Tenant pays a Late Charge of 10% a day.
(E) All other payments due from Tenant to Landlord, including Late Charges or utility charges, are considered to be Additional
Rent. Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent.
(F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will be applied
against the current Rent due.
(G) Tenant will pay a fee of $100.00 for any payment that is returned by any financial institution for any reason.
An Late Charges will continue to apply until a valid payment is received.
(H) Landlord will accept the following methods of payment: Cash X Money Order X Personal Check X
7. PAYMENT SCHEDULE
(A) Security Deposit, held in escrow $500.00 by Harry and Donna Arnold
Held at : Members 1 st F. C. U.
(B) First month's rent $550.00
(C) Last month's rent $550.00
(D)Non-refundable one-time pet security deposit $250.00 if applicable
(E)Pet fee per month $25.00 if applicable
Totat Rent and security deposit received to date: $ 550.00 for rent $200.00 towards security deposit
Total amount due $300.00 for security deposit
8. RETURN OF SECURITY DEPOSITS
(A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mailing
address where Landlord can return the Security Deposit.
(B) Within 30 days after Tenant moves from the Property, Landlord will give Tenant a written list of any damage to the Property that
Landlord claims Tenant is responsible for.
(C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit will be
returned to Tenant within 30 days after Tenant moves from the Property.
CARE AND USE OF PROPERTY
9. USE OF PROPERTY AND AUTHORIZED OCCUPANTS
(A) Tenant will use Property as a residence ONLY.
(B) Not more than 0 person will live on Property. List all other occupants who are not listed as Tenants in paragraph 1: NONE
10. POSSESSION
(A) Tenant may move in (take possession of the Property) on the Start Date of this Lease.
(B) If Tenant cannot move in within 0 days after Start Date because the previous tenant is still there or because of property
damage, Tenant's exclusive rights are to:
1. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property
is available; OR
2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the part of
Landlord or Tenant.
:ant( Landlord(sa
'a2
3C
11. LANDLORD'S RIGHT TO ENTER
(A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair,
or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or Landlord's
representative, or they have written permission from the Landlord.
(B) When possible, Landlord will give Tenant 24 hours notice of the date, time. and reason for the visit.
(C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was there and
why within 24 hours of the visit.
(D) Landlord may put up For Sale or For Rent signs on or near Property.
12. CONDITION OF PROPERTY AT MOVE IN
Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following:
13. APPLIANCES INCLUDED (check all that
apply)
X Stove
X Refrigerator
Dishwasher
Washer/Dryer
Garbage Disposal
Microwave
Air Conditioning
Satellite Box
X Other: Kitchen table and two chairs, desk
and chair, sectional sofa
Landlord is responsible for repairs to appliances listed above unless otherwise stated here: Tenant or
guest of tenant is directly responsible for the damages that were caused from misuse or neglect.
14. UTILITIES AND SERVICE
Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. If a service is not marked as
being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not responsible for loss of service if interrupted by
circumstances beyond the Landlord's control.
Landlord pays : Cold Water, Trash/Sewer, Maintenance Contract, Lawn & Shrubbery Care, SnowiIce Removal of common areas
Tenant pays: Cooking gas, Electricity, Heat, Hot Water, Air Conditioning, Cable Television/ Satellite TV, Snow/fee Removal of steps leading
up to apt front door
Pr,1d•
Tenants Landlord(s)
15. TENANT'S CARE OF PROPERTY
(A) Tenant will:
1. Keep the Property clean and safe.
2. Dispose of all trash, garbage and any other waste materials as required by Landlord and the law.
3. Use care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the Property,
including any elevators.
4. Tell Landlord immediately of any repairs needed and of any potentially harmful health or environmental conditions.
5. Obey all laws.
(B) Tenant will not:
1. Keep any flammable, hazardous and/or explosive materials on the Property.
2. Destroy, damage or deface any part of the Property or common areas.
3, Disturb the peace and quiet of other tenants or neighbors.
4. Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant agrees that
any changes or improvements made will belong to the Landlord.
5. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any.
(C) Tenant is solely responsible to pay the costs for repairing any damage that is the fault of Tenant or Tenants family or guests.
16. SUBLEASING AND TRANSFER
(A) Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new landlord.
(B) Tenant may not transfer this Lease or sublease (rent to another person) the Property or any part of the Property without
Landlord's written permission.
17. PETS
Tenant will not keep or allow any pets on any part of the Property, unless checked below.
X NONE
Tenant may keep pets with Landlord's written permission and proof of current vaccinations, including Rabies vaccination, must be
provided to Landlord.
18. RULES AND REGULATIONS
(A) Rules and Regulations for use of the Property and common areas are attached.
(B) Any violation of the Rules and Regulations is a breach of this Lease.
(C) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safety, or welfare of others. Landlord
agrees to provide all changes to Tenant in writing.
(D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws.
19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS
(A) Landlord has installed smoke detectors in the Property. Tenant will maintain and regularly test smoke detectors to be sure they are in working
order, and will replace smoke detector batteries as needed.
(B) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors.
(C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of any broken or
malfunctioning smoke detectors is a breach of this Lease.
(D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these systems is stated in the
Rules and Regulations, if any.
(E) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems.
T®nent(8 landlord(s) ? _111't
20. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978
Property was built in or after 1978. This paragraph does not apply.
Property was built before 1978. Landlord and Tenant must provide information in this paragraph. X
(A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below:
Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord must explain what
Landlord knows about the lead-based paint and hazards, including how Landlord learned that it is there, when it is, and the condition of painted walls,
trim and other surfaces. Landlord must give Tenant any other information Landlord has about the lead-based paint and lead-based paint hazards.
(B) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless stated below:
_X_ Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on
the property. List records and reports:
(C) Tenant initial all that are true: ?q'
t received the pamphlet Protect Your Family From Lead in Your Hoz_
t has read the information given by Landlord in paragraph 20 (A) and (B) above.
ant has received all records and reports that Landlord listed in paragraph 20 (B) above.
(lord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge.
21. DESTRUCTION OF PROPERTY
(A) Tenant will notify Landlord or Landlord's agent immediately if the Property is severely damaged or destroyed by fire or by any
other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition in the Property that could severely
damage or destroy the Property.
(B) If the Property is severely damaged or destroyed for any reason:
1. Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and Landlord until the damages are
repaired, OR
2. If the law does not allow Tenant to live on the Property, this lease is ended.
(C) If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant.
(D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and Tenant
will continue to pay rent, even if Tenant cannot occupy the Property.
22. INSURANCE AND RELEASE
(A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenants guests. Tenant is advised to obtain
property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be injured while on the Property
X IF CHECKED, Tenant MUST have personal property insurance, providing at least $100,000 liability insurance to protect
Tenant, Tenants property and Tenant's guests who may be injured while on the Property. Tenant must maintain this insurance through
the entire Term and any Renewal Tenn. Tenant MUST provide proof of insurance to Landlord and Landlord must be notified if policy is cancelled.
(B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on the Property.
(C) Tenant is responsible for any loss to Landlord caused by Tenant, Tenant's family or Tenant's guests, including attorney's fees.
Terse ? V1 l.and10..114 z a
ENDING LEASE
23. LANDLORD REMEDIES IF TENANT BREACHES LEASE
(A) If Tenant breaches Lease for any reason, Landlord's remedies may include any or all of the following:
1. Taking possession of the Property by going to court to evict Tenant. Tenant agrees to pay Landlord's legal fees and reasonable
costs, including the cost for Landlord or Landlord's agent to attend court hearings.
2. Filing a lawsuit against Tenant for rents, damages and unpaid charges, and for rents and charges for the rest of the Lease term.
If Landlord wins (gets a money judgment against Tenant), Landlord may use the court process to garnish Tenant's wages and take
Tenant's personal goods, furniture, motor vehicles and money, in banks.
3. Keeping Tenant's Security Deposit to be applied against unpaid rent or damages, or both.
(B) If Tenant breaches Lease for any reason, Landlord can begin eviction proceedings without written notice.
TENANT WAIVES OR GIVES UP TENANT'S RIGHT TO A NOTICE TO MOVE OUT UNLESS A DIFFERENT
NOTICE PERIOD IS STATED HERE:
24. TENANT ENDING LEASE EARLY Tenant may end this Lease and move out of the Property before the End Date of the Lease or any
Renewal Term only with written permission of Landlord, and only if:
(A) Tenant gives Landlord at least 60 days written notice, AND
(B) Tenant pays Landlord a Termination fee of, AND
(C) Tenant continues to pay all rent until the End Date of the Lease, or any Renewal Term, or until a new tenant is approved by
Landlord and a new lease takes effect, whichever happens first.
25. ABANDONMENT
(A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right to take possession of the Property immediately
and to rent the Property to another tenant.
(B) Any of Tenant's personal property or possessions remaining on the Property after Tenant moves out will be considered to be
abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any manner determined by
Landlord. Tenant will pay for the cost of removal and disposal of abandoned property.
26. SALE OF PROPERTY
(A) If Property is sold, Landlord will give Tenant in writing:
1. Notice that the Security Deposit has been given to the new landlord, who will be responsible for it.
2. The name, address and phone number of the new landlord and where rent is to be paid, if known.
(B) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord.
(C) Landlord's responsibilities to Tenant under this Lease end after the Property has been sold and the Lease transferred to a new landlord.
(D) If Landlord sells the Property during the Lease or any Renewal Term, Landlord has the right to terminate this Lease.
Landlord gives at least 10 days written notice to Tenant. Tenant is not entitled to any payment of damages.
27. IF GOVERNMENT TAKES PROPERTY
(A) The government or other public authority can take private property for public use. The taking is called condemnation.
(B) If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the Property is
taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any unused Security
Deposit or advanced rent.
(C) No money paid to Landlord for the condemnation of the Property will belong to Tenant.
ADDITIONAL TERMS
28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. The rights of the
mortgage lender come before the rights ofthe Tenant. (Example: If Landlord fails to make mortgage payments, the mortgage lender could take
the Property and end this Lease.) TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT
IF THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE.
-sas
Tenant(ss?F Landbrd(s) x71'1
29. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs.
30. ENTIRE AGREEMENT This lease is the entire agreement between Landlord and Tenant. No spoken or written agreements made before are a
part of this Lease unless they are included in this Lease in writing. No waivers or modifications of this Lease during the Tenn of this Lease are
valid unless in writing signed by both Landlord and Tenant.
NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant is advised to consult an attorney.
V Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge receipt of the Consvnw Notice
as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337.
By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory information set
forth in this Lease.
LANDLORD_Harry
TE
kTE
LANDLORD
CO-SIGNER DATE
LANDLORD TRANSFERS LEASE TO A NEW LANDLORD
As part of payment received by Landlord, (current Landlord) now transfers to (new landlord) his heirs and estate, this Lease and the right to receive
the rents and other benefits.
NOTICES AND INFORMATION
PENNSYLVANIA PLAIN LANGUAGE CONSUMER CONTRACT ACT
The Office of Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special
conditions or additional terms must comply with the Pennsylvania Plain Language Consumer Contract Act.
INFORMATION REGARDING SECURITY DEPOSITS
Taking Security Deposits
During the first year of a Lease, a Landlord may not require a security deposit of more than two months' rent. After the first year of a
Lease, this amount cannot exceed one month's rent, and any security deposit of more than one month's rent must be returned to the
Tenant. If rent is increased during the first five years a Tenant is in a Property, Landlord may require that the amount of the security
deposit be increased as well. After five years, the security deposit cannot be increased even if the rent goes up.
Holding Security Deposits
If a Security Deposit is more than $100, the Landlord must keep the Security Deposit in a special bank account called an escrow
account. Landlord is required to tell Tenant the name and address of the bank where the escrow account is located, as well as the
amount of the deposit in the escrow account. After the second year of a lease the Security Deposit must be in an escrow account that
earns interest. Interest that is earned on Security Deposits belongs to the Tenant, but each year Landlord has the right to keep some or
all of that interest up to an amount equal to 1% of the Security Deposit to cover certain administrative expenses. [For example, if a
Security Deposit of $500 is held in an escrow account that earns $10 of interest in a year, Landlord has the option to retain up to 1%
of the Security Deposit amount ($5) out of that interest.] If the interest carried is less than 1% of the Security Deposit amount, Landlord
may keep all the interest, but Landlord can never take any money out of the original Security Deposit for administrative expenses.
After the second year of a lease, any interest belonging to Tenant must be returned to Tenant once a year on the anniversary of the first
day of the original lease term.
Tenent(s}?G?l.andlord(a)?
Returning Security Deposits
When a lease is ended, Landlord has 30 days to give Tenant a written list of any damage to the Property that Landlord claims Tenant is
responsible for. If the cost to repair this damage is less than the amount of the Security Deposit being held, Landlord must return the
amount of the deposit not being held back to fix those damages when the list is provided, along with any additional interest that has
not yet been paid to Tenant. If damages are more than the amount of the Security Deposit plus interest, Landlord may keep the entire
Security Deposit. Landlord may not beep any of the Security Deposit to cover damages if a list of damages is not given to Tenant
within that 30 day period If Landlord doesn't return Tenant's Security Deposit within 30 days of the end of the Lease, Tenant may sue
and Landlord may be required to pay Tenant up to twice the amount of the portion of the Security Deposit that should have been
returned. It is the responsibility of Tenant to give Landlord his/her new address after the Lease is ended. If Tenant does not provide
a new address to Landlord, Landlord is not liable for damages for failing to return Security Deposit monies within 30 days.
LEAD-BASED PAINT HAZARDS
Lead Hazards Disclosure Requirements
The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built before 1978 must give the Tenant
an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Landlord also must tell the Tenant and the Broker for
Landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented.
Landlord must tell the Tenant how the Landlord knows that lead-based paint and lead-based paint hazards are on the property, where
the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any Landlord of a pre-1978 structure
must also give the Tenant any records and reports that the Landlord has or can get about lead-based paint or lead-based paint hazards
in or around the property being rented, the common areas, or other dwellings in multi-family housing. It is also required that the EPA
pamphlet be given to tenants before the Landlord starts any major renovations on a pre-1978 structure. The Act does not apply to
housing built in 1978 or later.
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken
care of properly.
Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence
of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead
poisoning prevention.
INFORMATION REGARDING MEDIATION
Mediation is a way of resolving problems. A mediator may help the disputing parties reach an agreeable solution without having to involve the
courts. Landlord and Tenant may agree to take any disputes arising from this Lease to a mediation program offered by the local association of
REALTORS& or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease (by signing a mediation form to attach to
this Lease), or they can sign an agreement to mediate after a dispute arises.
INFORMATION REGARDING TENANTS' RIGHTS
Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant: (1) complains to a government agency
or to Landlord about a building or housing code violation; (2) organizes or joins a Tenant's organization; or (3) uses Tenant's legal rights in a
lawful manner.
INFORMATION REGARDING MOLD AND INDOOR AIR QUALITY
Indoor mold contamination and the inhalation of bio-aerosols (bacteria, mold spores, pollen, and viruses) have been associated with allergic
responses including upper respiratory congestion, cough, mucous membrane irritation, fever, chills, muscle ache or other transient inflammation
or allergy. Claims have been made that exposure to mold contamination and bio-aerosols has led to serious infection, immuno-suppression and
illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of any indoor
contamination. Because individuals may be affected differently, or not affected at all, by mold contamination, the surest approach to determine
the presence of contamination is to engage the services of a qualified professional to undertake an assessment and/or sampling. Assessments
and samplings for the presence of mold contamination can be performed by qualified industrial hygienists, engineers, laboratories and home inspectioi
companies that offer these services. Information pertaining to indoor air quality is available through the United States Environmental Protection
Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013.7133, 1.800-438-4318. Tenants should immediate)
notify Landlord if there is any condition in the Property that may lead to the growth of mold or if the Tenant believes that mold growth is present in
the Property.
wd.iai
Tenant( tandlord(.a
Administrative and Clerical List of Prices
Below is a list of estimated charges of assorted items or jobs that may sometimes be required after a residence is
vacated. All charges are including labor and any parts or
materials required. Tenants are not responsible for normal wear and tear, although excessive wear and tear and
neglect may incur charges.
COURTICLERICAL FEES
Correspondence 30.00 each
Filing Fess{Dist JuMM.00
Court Appearance 100.00
CLEANING
Clean refrigerator 50.00
Clean stovetop 30.00
Replace stove drip-bowls 28.00
Clean oven 50.00
Clean stove hood 30.00
Clean kitchen cabinets 45.00
Clean kitchen floor 50.00
Clean tubishower and surround 30.00 (ea.)
Clean toilet and sink (per bath) 20.00
Clean bathrm.cabinets and floor 25.00
Clean carpets (per room) 75.00
Vacuum throughout dwelling 40.00
Window cleaning(per unit) 11.00
Clean greasy parking spaces 25.00 (ea.)
Clean fireplace 35.00
FLOORING
Remove carpet stains 80.00
Deodorize carpet 80.00
Repair carpet 150.00
Repair hardwood Hoar 95.00
Refinish hardwood floor 380.00
Repair linoleum 85.00
Replace bathroom linoleum 385.00
Replace kitchen linoleum 385.00
Replace floor tile 75.00
Replace ceramic tile 150.00
WALLS
Remove mildew and treat surface 25.00
Cover crayon/marker/pen marks 35.00
Repair hole in wall 55.00
Remove wallpaper 145.00
Repaint (per wall/ceiling) 20.00
DOORS
Repair hole in hollow core door 55.00
Repair forced door damage 75.00
Replace door (inside) 155.00
Replace door (outside) 285.00
ELECTRICAL
Replace light bulb 2.50
Replace light fixture globe 12.00
Replace light fixture 55.00
Replace electrical outlet/switch 5.00
Replace electrical cover plate 1.50
Page 1 Tenant(
PLUMBING
Replace kitchen faucet 95.00
Replace bathroom faucet 85.00
Replace shower head 24.00
Replace toilet tank lid 25.00
Replace toilet seat 12.00
Replace toilet 165.00
Snake Toilet 25.00
WINDOWS & TREATMENTS
Replace window pane 75.00
Replace Venetian hind 75.00
Replace window shade 15.00
Replace window screen 20.00
LOCKS
Replace key 5.00
Replace door lack 37.00
Replace passage doorlock 18.00
Replace deadbit lock 18.00
GENERAL REPAIRS
Replace refrigerator shelf 25.00
Replace stove/oven knob 16.00
Repair ceramic the 150.00
Replace countertop 275.00
Replace cutting board 40.00
Replace kit/bth cabinet knobs 10.00
Replace mirror 45.00
Replace medicine cabinet 85.00
Replace towel bar 22.00
Replace tub/shower enclosure 195.00
Regrout bath/shower tiles 165.00
Repair porcelain 135.00
Replace thermostat 75.00
Replace fire extinguisher 35.00
Remove junk and debris 250.00
Replace doorbell button 5.00
Replace doorbell unit 50.00
EXTERMINATING
Exterminate for cockroaches 450.00
Exterminate for fleas 275.00
All above charges are mutually agreed upon for repairs and clerical fees.
enant
Tenant
1-14
.L.L.L
Date
Date
Page 2
kzi)
?CIL 9 KN -U" Fri u
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HARRY ARNOLD and DONNA ARNOLD, IN THE COURT OF COMMON PLEAS
Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA
~. N0.09-7269 CNIL
MICHAEL SANDERSON, CIVIL ACTION -LAW
Defendant ,
DEFENDANT'S ANSWERS WITH NEW MATTER TO PLAINTIFFS' COMPLAINT
ANSWERS
1. Admitted.
2. Denied. The Defendant's address is 607 State Street, Enola, PA 17075.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. Proof of the same is demanded at trial.
8. Neither admitted nor denied. Proof of the same is demanded at the time of trial.
9. Admitted in part; denied in part. It is admitted that Defendant paid to Plaintiffs,
by check, the amount awarded by the Magisterial District Judge ($1,228.50); it is denied that
Defendant owes any further sum to Plaintiffs.
10. Denied. Proof of the same is demanded at trial.
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NEW MATTER
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT Y BE NTERED AGAINST YOU.
By:
Adam G. Klein, Esquire
11. The Defendant's above admissions or denials to the averments 1-10 of Plaintiffs'
Complaint are incorporated herein by reference.
12. On or about September 22, 2009, following a hearing before Magisterial District
Judge Richard S. Dougherty, Plaintiffs were awarded a total judgment of $1,228.50. Exhibit "A"
13. On or about September 23, 2009, the Defendant delivered a Certified check to the
Plaintiffs for the full amount of the judgment totaling $1,228.50, which check was subsequently
negotiated by the Plaintiffs on or about October 1, 2009. A copy of Defendant's bank statement
confirming withdrawal of the funds from Defendant's bank account is attached as Exhibit "B"
14. On October 22, 2009, and after having negotiated Defendant's above-referenced
check in payment in full of the award by the Magisterial District Judge, Plaintiffs filed an appeal
from Magisterial District Judge Richazd S. Dougherty's award in the Cumberland County Court
of Common Pleas.
15. Plaintiffs accepted and negotiated the Defendant's timely payment of the full
amount of the award by the Magisterial District Judge, some three (3) weeks prior to filing their
appeal. Plaintiffs aze thus estopped from pursuing the matter on appeal as there has been a full
accord and satisfaction of the claim.
16. Assuming, azguendo, that Plaintiffs' appeal is valid (which is denied by
Defendant), it is believed and therefore averred that Plaintiffs have leased the apartment in
question for at least a portion of the time for which damages aze demanded in their Complaint on
appeal; therefore, Defendant is entitled to an offset, or credit for any such sums paid against any
remaining sum, if any, that may be awazded as damages.
WHEREFORE, Defendant requests that Plaintiffs be estopped from pursuing their
appeal; or, in the alternative, Defendant requests that Plaintiffs be required to reduce any
damages (rent) claimed in their Complaint to actual rent lost, with credit to Defendant for all rent
received by Plaintiffs from any other tenant at the involved apartment.
Respectfully Submitted:
B.
Adam G. Lein, Esquire
I.D. No. 82283
S00 North Third Street, 7`~' Floor
P.O. BOX I 1 S2
Harrisburg, PA 17108
(717) 233-0132
Attorneys for Defendant Michael Sanderson
Date: ~/z yl~ G
VERIFICATION
The undersigned, Michael Sanderson, hereby verifies and states that:
1. He is the named Defendant herein; and
2. The facts set forth in the foregoing ANSWERS TO COMPLAINT AND
NEW MATTER aze true and correct to the best of his knowledge, information and belief; and
3. He is aware that false statements herein aze made subject to the penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date: ~ 2 y~ O
Mi ael Sanderson
,OMMONWEALTI-~ OF PENNSYLVANIA
COUNTY OF: CII~$RLAND
Mag. Dist. No.:
09-1-03
MCJ Name: Hon.
RICHARD S. DOIIGNSRTY
Addrese: 9 8 S $~OLA DR STS 1
I BNOLA, PA
~ telephone f717 ; 728-2805 17025
RICHARD S. DOUGBERTY
9 8 S BI~OLA DR STE 1
1~NOLA, PA 17025
THIS IS TO NOTiFIf YOU THAT:
Jud ment•
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
NAME antl ADDRESS
rA~oLD, BARRY/DONS,
406 $RICS CHURCH RD
1sT FLOOx [~ C C~ P Y
LSNOLA, PA 17025 J
VS.
DEFENDANT: NAME and ADDRESS
rSANDBRSON, MICBA$L ~
607 S . BOLA DRIV13
BNOLA, PA 17025
L J
Docket No.: LT-0000282-09 _
Date Filed: 9/08/09
~;~ ~,~ ' r
;'
g FOR PLAINTIFF
^X Judgment was entered for: (Name) AR]ffOLD, BARRY/DONNA
Judgment was entered against SAND$RSOM, ffiICHAEL in a
L~ ! Landlord/Tenant action in the amount of $ _ 1, 228.50 on 9/22/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 550.00.
The total amount of the Security Deposit is $-__ 200.00 '
Total Amount Established by MDJ Less ~ Security Deposit Applied =
Rent in Arrears $ 550.00 - $
00=
$ Adjudicated Amount
550
00
Physical Damages Leasehold Property $ .
.00 -$ .00= $ .
.00
Damages/Unjust Detention $ 7 _d 00 -$ 200.00= $ 524.00
Less Amt Due Defendant from Cross Complaint - $ _ 00
I Interest (if provided by lease) $ _ 00
L/T Jud
t A
t
-- gmen
moun $ 1
074
00
r
~ Attachment Prohibited/
u ~ Judgment Costs $ .
.
154
50
+2 Pa.C.S. § 8t 27 Attorney Fees $ .
_ 00
This case Gisr°~issed without prejudice. Total Judgment $ 1, 228.50
Possession granted.
^ Possession granted if money judgment
^i Possession not granted.
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
^ Defendants are jointly and severally liable.
- IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
SECl'iON 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEA'S, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLIu ER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE .
U~yLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION,WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETT,ES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
"`" ~ Date ,Magisterial EXHIBIT
ce€ ~i y that this is a true and o t copy t ` rec t e ro s contalnmg t e ju gment.
t
~~ Date _ ,Magisterial /~A- ~
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HARRY ARNOLD and DONNA ARNOLD, IN THE COURT OF COMMON PLEAS
Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA
v. N0.09-7269 CIVIL
MICHAEL SANDERSON, CIVIL ACTION -LAW
Defendant .
CERTIFICATE OF SERVICE
I, Adam G. Klein, Esquire, of the law firm of JOSEPH A. KLEIN, P.C., attorneys for
Defendant, do hereby certify that on this date I served the foregoing ANSWERS WITH NEW
MATTER TO PLAINTIFFS' COMPLAINT by placing a true and correct copy of same in
the United States Mail, Certified, Return Receipt Requested, postage prepaid, deposited at
Harrisburg, Pennsylvania, addressed to counsel for Condemnor as follows:
James H. Turner, Esquire
TURNER AND O' CONNELL
4701 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiffs
Harry Arnold and Donna Arnold
JOS A KLEIN, P
By:
Adam G. ein, Esquire
I.D. No. 82283
Date: ~~25~ Q 500 North Third Street, 7th Floor
P.O. Box 1152
Harrisburg, PA 17108
(717) 233-0132
Attorneys for Defendant Michael Sanderson
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HARRY ARNOLD AND DONNA ARNOLD
Plaintiff NO. 7269
Civil 20 09
F,
vs.
rte; ?,
MICHAEL SANDERSON
RULE 1312-1
Defendant -
The Petition for Appointment of Arbitrators shall be substantially in t
Following form: b
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
C)
James H. Turner, Esquire , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 5571.50 plus interest and costs of action
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
hmn H. Tumor, Esquim, x701 Nonh Fmnl Stmel, HamiWurg, PA 17110
Ad.. G. Klan, Esquim. PO Boa 1151, Ham*urg, PA 17108
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, , 200 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
Kevin A. Hess, P.J.
a w o ) P.(, &V .
G `SSG
2Lp.39G
M,
7r-
^r;
HARRY ARNOLD AND DONNA ARNOLD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. 7269 'Civil 2009
vs.
MM
MICHAEL SANDERSON?
RULE 1312-1
PETITION FOR APPOINTMENT OF ARBITRATORS
Defendant :-?
The Petition for Appointment of Arbitrators shall be substantially in i
Following form:
TO THE HONORABLE, THE JUDGES OF SAID COURT:
C_
C7
s?.
James H. Turner, Esquire , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
The claim of plaintiff in the action is $ 5571.50 plus interest and costs of action
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Juno H. T- Esq.—4701 N-h F-1 SUM, H-i.W% PA 17110
Ad.. C Klan. En-i-, Po B- 1152, Hua.burg, PA 17108
8
_'r-%
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators tam
whom the case shall be submitted.
==
--cl
r nCo
rn
' T1
Respectfully submitted,
cn i?-
Na
1
C y
ORDER OF COURT "' c ?
AND NOW,
1-77 2 , 20fiLin consideration of the foregoing
,2
petition, Esq., and Ldr,O ?p1J/f?
Esq., and 14, Esq., are appointed a itrators in the above
captioned action (or actions) as prayed for.
'? f>s N
f?
By the Court, /
Kevin A. Hess, P.J.}
4k it G`eSG
At4 2G0,3&
Da~idD' Own
Prothonotaly
Office
~ the Prothonotary
-/ _ /�- '~^~�)fn-/
/`n,�6 County,
- ' _--_y''_'--
69 7 t
ORDER OF TERMINATION OF COURT CASES
-`°-�~--o`-~Q
Solicitor
CIVIL TERM
AND NOW THIS 28TN DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
BYTHE COURT,
DAVID D. BUELL
PROTHONOTARY