Loading...
HomeMy WebLinkAbout09-7349(SOMMOMEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Crum r 16 rd I NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0q, 61 '3?C14 VI 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 io the-case referenced below. 41 '_DL „ e . 1 o MR -&A ckff_?- ?..iW M_ DATE of IUDGM ENT Tt THE A of car:waf CV -CJ w 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. appellant was R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty, (20) days after fling the NOTICE of APPEAL. of Ao&" Wary or D@pAy 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`rA 0?e_P L t n\ 1 Q appellee(s), to file a complaint in this appeal Noma of OPWO (s) or r nof judgment of non pros. (Common Pleas No. within twenty (20) days ;0- VsWWft*'?01app*hwtor&1Axmyarag8W RULE: To?? appellee(s) Name of appeOWS) (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: J/"I .20 07 J ??jy,?//?sJgrwtun Prolfwwtft or DepwY 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 J PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on .20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of official before whom affidavit was made Tithe of ofticfat My commission expires on 20 V - ianature of atfiant f 'TQTQ?r l"'? r:OMMONWFAI TH OF PENNSYLVANIA 0 MDJ Name: Mon. COUNTY OF: Mag. Dist. No.: 09-3-0! 1?. vW Address: 104 S SPORT 1<= LLD 1 IC8Hti", PA fiek0one: (717) 761-8230 1700 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r -BM EUTRB'Rl18Il! .. 5351 JA C*Z 111ARXX92 1, PA 17111 L J vs. DEFENDANT: NAME and ADDRESS r18, 11 I 6476 Ch21I8LZ P C/O FIRZ KD=T Lvacamc grow, PA "SO J KID. Z. KAM 6476 CSKLISL: PIKZ Docket No.: C4-0000450Z C/O Pmtx 1 T1 Date Piled: 7/31/09 1L tCH»4, PA 17050 y THIS 1S TO <NOTIFY YOU THAT- ?. -924/0-9 u en : ,. . MM C LI1 TXD iF IP Judgment was entered for: (Name) 0 Judgment was entered against: (Name) 9mm* KICIMM ZZCRALUX in the amount of $ 1.909.8 F-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time • ? This case dismissed without prejudice;. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Date I certify that this is a true ANY PARTY HAS THE RKMT TO APPEAL WrrHIN 30 DAYS AFTER THE ENTRY QIF JU BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMOf4ftk+A,S, DtVkQAON. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTI TRANSCRMT FORM WITH V CE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FM MAG AL DISTRICT JUL Qt3eS, M': ENT R THE JUD6ME ?..: inNNA92TWMKOMPAYSIN ? ?HOi>E Yl CT JUDGE. NTERED THE L'Ot1RT {AMIwON PLEAS, ANYOi1 1 HE JUDMENTMAY FILE I8FACTiON wtTH THE MAGISTERIAL DISTT JUDQE IF Tim J#?Q1`!lNT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0 Date correct Amount of Judgment Judgment Casts interest on Judgment Attorney Fees Total $ IWO*99 $ • $ $ 11909.69 1 Post Judgment Credits $ Post Judgment Costs $ I Certltied Judgment Total $ My commission expires first Monday of January, 2010 AOPC 315-07 Mag+5ter?aF?lr'ict.Jlge 4 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 OFN _73?49 , upon the District Justice designated therein on (date of service) ?weE'6 3 , 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) *j,} Lcep?L L??'??s?necS1 v? , on ?ovt'cT? 'S 200C)i ? by personal service 0-by (certified) (registered) mail; sender's receipt attached hereto. f , (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME r THIS DAY OF d Signature ofaffiant C _ Signature of official befo Thom avrt was made Titte ofofficw My commission expir M .--.,-uAA11A ?r Daniel J. M ?otaty Public SlIM1. Spring ??? My Commi, s Oct 24, 2p p C N ° O Member, Peen,';;; .; „ ociatlon of Notaries = , ? o -n ti r p = ' rr t_ {.. 7 ?- f V "'C COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (fi -7:3`Ai 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 iD tbe, case referenced below. "r "I -„ NAME OF APPELLANT M?ACa? NAME QF D ?J 0 ADPRESS OF APPELLANT STATE .ti Y^L 1^ 'c, ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PbWdV) ( 1 = [. G V -C? DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 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 filing the NOTICE of APPEAL. Sovfue d RWwrwhry-DepRy 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 n i ?.. I (} Ak? appellee(s), to file a complaint in this appeal Name of appease(s) (Common Pleas No. ' within twenty (20) days afters ice o-rule or ffer en of judgment of non pros. V-7 ) ! Signal ofappon-t oraftomey a agent RULE: To__ ?,-tfY1_? ,appellee(s) Name of appease(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) of this rule upon you by personal service or by certified or registered mail. 11 1 (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED p (3) The date of service of this rule if service was by mail is the date of the mailing. h Date: J(i i ? S , 20 t" YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM AOPC 312-02 FROM date of service 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 NOTICE OF APPEAL BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Plaintiff vs. MICHAEL KARNS 191 BIRCH LANE CARLISLE, PA 17015 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7349 CIVIL COMPLAINT AND NOW comes Plaintiff and avers as follows: 1. Plaintiff is Bent Creek Limited Partnership; a Pennsylvania limited partnership with offices at 5351 Jaycee Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Michael Karns, an adult individual residing at 191 Birch Lane, Carlisle, PA 17015. 3. Plaintiff and Defendants entered into a Lease for premises known and numbered as 306 Georgetown Road, Mechanicsburg, PA 17050 ("Premises") on or about August 7, 2007, a copy of which is attached hereto and marked as Exhibit "A". 4. The Lease ended on August 31, 2008 and Defendant was evicted on April 23, 2008 from the Premises without payment of the March and April 2008 rent. 5. Plaintiff incurred expenses in restoring the Premises to a habitable condition. 6. After deduction of Defendants' security deposit, Plaintiff is owed the following: Balance of March and April 2008 rent $ 1,468.56 Carpet cleaning charge 150.00 Damages to the home 185.13 District Justice costs 106.00 TOTAL $-1,909.69 WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendants in the amount of $1,909.69 and such other costs as this Court may deem proper. Respectfully submitted, BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Date a O By Mark X. DiSanto, President & Attorney, PA Bar #51090 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Plaintiff vs. MICHAEL KARNS 191 BIRCH LANE CARLISLE, PA 17015 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 09-7349 CIVIL 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 defensees 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 OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 or (800) 990-9108 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Date 1 I ! V By L /Aj?? Mark X. DiSanto, President Exhibit A Triple Crown Corporation DEVELOPERS ¦ BUILDERS ¦ MANAGERS t?ivvi?hs?exce?fewe ila m,,f estate service., 5351 Jaycee Avenue 717) 697-2226 Harrisburg, PA 17112 FAX (717) 697-3008 www.triplecrowncorp.com EXHIBIT "A" info@triplecrowncorp.com Apartment Lease Contract Date of Lease Contract August 7, 2007 (When the Lease Contract is filled out) 1. PARTIES This Lease Contract is between you, the resident(s) (list all people signing the Lease contract)Alec Bohn and Michael Karns, us, the owner: Bent Creek Limited Partnership (name of apartment community or title holder). You've agreed to rent Apartment No. 306, at Georgetown Road(street address) in Mechanicsburg(city), Pennsylvania, 17050 (zip code) for use as a private residence only. The terms "your" refer to all residents listed above. The term "we," and "us," and "our" refer to the owner listed above (or any of owner's successors' in interest or assigns). Written notice to or from our managers constitutes notice to or from us. If anyone else has guaranteed performance of this Lease Contract, a separate Lease Contract Guaranty for each guarantor is attached. 2. OCCUPANTS The apartment will be occupied only by you and (list all other occupants not signing the Lease Contract): If two or more persons are listed as residents or occupants on the Lease Contract, the fact that one person leaves the premises does not relieve any remaining residents or occupants from the full responsibilities under the Lease Contract. 3. EMPLOYMENT INFORMATION: You are requested to provide us with the following current Employment Information (Name of Employer, Address, and Telephone Number): Fire Mountain Mechanicsburg, PA 17050 717-591-1791 W6 Cai1,51c PA-e You must immediately inform us, in writing, of any change in employment throughout your residency. Failure to notify us of any changes in employment will be considered a breach of the Lease, subjecting you to all remedies in accordance with the Lease Contract. 4. LEASE TERM The initial term of the Lease Contract begins on thelst,of September 2007 and ends at midnight the 31st day ofAugust 2008. 5. SECURITY DEPOSIT The total security deposit for all residents is $1.950.00, aid due on or before the date this Lease Contract is signed. This amount (check one): ?does or ® does not include an animal deposit. See paragraphs 42 and 43 for security deposit return information. Initials of all Residents: -- 6. KEYS AND FURNITURE You will be provided: apartment key(s), mailbox key(s), and other access devices for Pool Passes Garage door opener Gym Door Your apartment will be (check one): ? furnished or ® unfurnished. 7. RENT AND CHARGES You will pay $1,010.00 ($975.00 rent + $35.00 utility fee) per month for rent, payable in advance and without demand (check one): ® at the on-site manager's office, or by ® US postage. Prorated rent of $ 521.29 is due for the remainder of: ® 1 st month Otherwise, you must pay your rent on or before the 1St day of each month (due date) with no grace period. Cash is unacceptable without our prior written permission. You must not withhold or offset rent unless authorized by statue. We may, at our option, require at any time that you pay all money due with money orders, or one monthly check rather than multiple checks. If you don't pay all rent on or before the 5th day of the month, you'll pay an initial late charge of $101/6 plus a late charge of $0 per day after that date until paid in full. Daily late charges will not exceed 15 days for any single month's rent. You'll also pay a charge of $25 for each returned check, plus initial and daily late charges from due date until we receive acceptable payment. If you don't pay rent on time, you'll be delinquent and all remedies under this Lease Contract will be authorized. We'll also have all other remedies for such violation. Other fees: There will be a certified letter fee of $20.00 for notices sent to tenant. 8. UTILITIES We'll pay for the following items, if checked: ? water ? wastewater ? gas ® trash ? electricity ® cable N ? master antenna ? other You'll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. You must not allow utilities to be disconnected for any reason including disconnection for not paying your bills-until the lease term or renewal period ends. Cable channels that are provided may be changed or discontinued during the Lease Contract term if the change applies to all residents. Initials of all Residents: ??? - 2 Utilities may only be used for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-powered lighting. If your utility charges are determined by an individual utility meter or an alternative formula, we will attach an addendum to this Lease Contract in compliancewith state agency rules or city ordinance. 9. INSURANCE We do not maintain insurance to cover your personal property or personal injury. We are not responsible to any resident, guest, or occupant for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other residents, occupants, or invited/uninvited guests or vandalism unless otherwise required by law. We urge you to get your own insurance for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like. Additionally, you are ® required to purchase personal liability insurance 10. SECURITY DEVICES Keyed lock(s) will be rekeyed after the prior resident moves out. The rekeying will be done either before you move in or, if the apartment has a keyless deadbolt on each exterior door, within 10 days after you move in. You may at any time ask us to : (1) install one keyed deadbolt lock on an exterior door if it does not have one; (2) install a bar and/or sliding door pinlock on each sliding glass door; (3) install one keyless deadbolt on each exterior door; (4) install one doorviewer on each exterior door; (5) change or rekey locks or latches during the lease term. We must comply with those requests, but you must pay for them. What You Are Now Requesting. You now request the following to be installed at your expense (if one is not already installed), subject to any statutory restrictions on what you may request. ® keyed deadbolt ? door viewer ? sliding door bar Payment for Rekeying, Repairs, Etc. You must pay for all repairs or replacements arising from misuse or damage to devices by you or your family, occupants, or guests during your occupancy. You may be required to pay in advance if we notify you within a reasonable time after your request that you are more than 30 days delinquent in reimbursing us for repairing or replacing a device which was misused or damaged by you, your guest, or an occupant; or if you have requested that we repair, install, change or rekey the same device during the 30 days preceding your request and we have complied with your request. Special Provisions and "What If' Clause 11. SPECIAL PROVISIONS The following special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Lease Contract. These "Special Provisions" will override any sections of this lease in conflict with the Special Provisions. Good Neighbor Policy Mold addenda Early Move Out Crime Free Lease Resident Cost Sheet Utility Addendum. Renter's Insurance Addendum See page 9 for any additional special provisions. 12. EARLY MOVE-OUT RERENTING CHARGE You'll be liable to us for re-renting charges of $975.00 (not to exceed 100% of the highest monthly rent during the Lease Contract term) if you: (1) Fail to give written move-out notice as required in paragraphs 24 38; or (2) Move out without paying rent in full for the entire Lease Contract term or renewal period; or Initials of all Residents: f'/ ?/?? 111"e11 3 (3) Move out at our demand because of your default; or (4) Are judicially evicted. The re-renting charge is not a cancellation fee and does not relase you from your obligations under this Lease Contract. See the next paragraph. Not a Release. The re-renting charge is not a Lease Contract cancellation fee or buyout fee. It is an agreed-to estimate covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement. These damages are uncertain and difficult to ascertain-particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking prospects, office over-head, marketing costs, and locator-service fees. You agree that the re-renting charge is a reasonable estimate of such damages and that the charge is due whether or not our re-renting attempts succeed. If no amount is written in this lease contract, you must pay our actual re-renting costs so far as they can be determined. The re-renting charge does not release you from continued liability for: future or past due rent; charges for cleaning, repairing, repainting, or unreturned keys; or other sums due. 13. DAMAGES AND REIMBURSEMENT You must promptly reimburse us for loss, damage, government fines, or cost of repairs or service in the apartment community due to a violation of the Lease Contract or rules, improper use, negligence, or intentional conduct by you or your invitees, guests or occupants. Unless the damage or wastewater stoppage is due to our negligence we're not liable for-and you must pay for repairs replacement costs, and damage to the following if occurring during the Lease Contract term or renewal period: (1) damage to doors, windows, or screens (2) damage from windows or doors left open: and (3) damage from wastewater stoppages caused by improper objects in lines exclusively serving your apartment We may require payment at any time, including advanced payment of repairs for which you're liable. We have not waived our right to collect these payments from you if there is a delay in our demanding payment from you. These damages and charges are considered additional rent and payment is considered a condition of this Lease Contract. 14. PROPERTY LEFT IN APARTMENT "Apartment" excludes common areas but includes interior living areas and exterior patios, balconies, attached garages, and storerooms for your exclusive use. Removal After Surrender, Abandonment, or Eviction: We or law officers may remove and/or store all property remaining in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the apartment (see definitions in paragraph 43). Storage: We may store, but have no duty to store, property removed after judicial eviction, surrender, or abandonment of the apartment. We're not liable for casualty loss, damage, or theft. You must pay reasonable charges for our packing, removing, or storing any property. Redemption: If we've removed and stored property after surrender, abandonment or judicial eviction, you may redeem only by paying packing, removal and storage charges. We may return redeemed property at the place of storage, the management office, or the apartment (at our option). We may require payment by cash, money order, or certified check. Disposition or Sale: Except for animals and property removed after the death of a sole resident, we may throw away or give to a charitable organization all items of personal property that are: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after eviction is completed. Animals removed after surrender, abandonment, or eviction may be kenneled or turned over to local authorities or humane societies. 15. FAILING TO PAY FIRST MONTH'S RENT If you don't pay the first month's rent when or before the Lease Contract begins, all future rent will be immediately due without notice. We also may end your right of occupancy and recover damages, future rent, re-renting charges, attorney's fees, court costs, and other lawful charges. Our rights and remedies under paragraphs 12 and 33 apply to acceleration of rent payments under this paragraph. 16. RENT INCREASES AND LEASE CONTRACT CHANGES No rent increases or Lease Contract changes are allowed before the initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 11, by a written addendum or amendment signed by you and us, or by reasonable changes of a Initials of all Residents: J?/G? 4 apartment rules allowed under paragraph 19. If, at least 5 days before the advance notice period referred to in paragraph 4, we give you written notice of rent increases or Lease Contract term or renewal period ends, this Lease Contract will automatically continue month-to-month with the increased rent or Lease Contract changes. The new modified Lease Contract will begin on the date stated in the notice (without necessity of your signature) unless you give us written move-out notice under paragraph 38. 17. DELAY OF OCCUPANCY If occupancy is or will be delayed for construction, repairs, cleaning, or a previous resident's holding over, we're not responsible for the delay. The Lease Contract will remain in force subject to: (1) reduction of rent on a daily basis during delay; and (2) your right to remain as set forth below. Termination notice must be in writing. After termination, you are entitled only to refund of deposit(s) and any rent paid. Rent reduction or Lease Contract termination does not apply if delay is for cleaning or repairs that don't prevent you from occupying the apartment. If there is a delay and we haven't given notice of delay as set forth immediately below, you may terminate up to the date when the apartment is ready for occupancy, but not later. (1) If we give written notice to any of you when or after the initial term as set forth in this lease contract - and the notice states that occupancy has been delayed because of construction or a previous resident's holding over, and that the apartment will be ready on a specific date-you may terminate the Lease Contract within 3 days of your receiving the notice, but not later. (2) If we give written notice to any of you before the initial term as set forth in Paragraph 4 and the notice states that construction delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease Contract within 7 days after any of you receives written notice, but not later. The readiness date is considered the new initial term as set forth in Paragraph 4 for all purposes. This new date may not be moved to an earlier date unless we and you agree. 18. DISCLOSURE RIGHTS If someone requests information on you or your rental history for law- enforcement, governmental, or business purposes, we may provide it. While you are living in the Apartment 19. COMMUNITY POLICIES OR RULES You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of this Lease Contract. We may make reasonable changes to written rules, effective immediately, if they are distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of this Lease Contract. 20. LIMITATIONS ON CONDUCT The apartment and other areas reserved for your private use must be kept clean. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances. Passageways may be used only for entry or exit. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must be used with care in accordance with apartment rules and posted signs. Glass containers are prohibited in or near pools and all common areas. You, your occupants, or guests may not anywhere in the apartment community: use candles or use kerosene lamps without our prior written approval; cook on balconies or outside; or solicit business or contribution. Conducting any kind of business (including child care services) in your apartment or in the apartment community is prohibited-except that any lawful business conducted "at home" by computer, mail, or telephone is permissible if customers, clients, patients, or other business associates do not come to your apartment for business purposes. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery persons; and (3) recreational activities in common areas. We may exclude from the apartment community, to the extent permitted by Pennsylvania statutes, guests or other who, in our judgment, have been violating the law, violating this Lease Contract or any apartment rules, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area to the extent permitted by Pennsylvania statutes, a person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant, or guest of a specific resident in the community. Initials of all Residents: 21. PROHIBITED CONDUCT You and your occupants or guests may not engage in the following activities: behaving in a loud or obnoxious manner, disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business op6rations; manufacturing, delivering, possessing with intent to deliver; or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or injuring our reputation by making bad faith allegations against us to others. 22. PARKING We may regulate the time, manner, and place of parking all cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles. Motorcycles or motorized bikes may not be parked inside an apartment unit or on sidewalks, under stairwells, on decks or patios, or in handicapped parking areas. We may have unauthorized or illegally parked vehicles towed by following applicable state law procedures. A vehicle is unauthorized or illegally parked in the apartment community if it: (1) has a flat tire or other condition rendering it inoperable; or (2) is on jacks, blocks or has wheel(s) missing; or (3) has no current license or no current inspection sticker; or (4) takes up more than one parking space; or (5) belongs to a resident or occupant who has surrendered or abandoned the apartment; or (6) is parked in a marked handicap space without the legally required handicap insignia; or (7) is parked in a space marked for manager, staff, or guest at the office; or (8) blocks another vehicle from exiting; or (9) is parked in a fire lane or designated "no parking" area; or (10) is parked in a space marked for other resident(s) or unit(s); or (11) is parked on the grass, sidewalk, or patio; or (12) blocks garbage trucks from access to a dumpster 23. RELEASE OF RESIDENT Unless allowed by this Lease Contract or Pennsylvania law, you won't be released from this Lease Contract for any reason-including but not limited to voluntary or involuntary school withdrawal or transfer, voluntary or involuntary job transfer, marriage, separation, divorce, reconciliation, loss of co-residents, loss of employment, bad health, or death. 24. MILITARY PERSONNEL CLAUSE You may terminate the Lease Contract if you enlist or are drafted or commissioned and on active duty in the U.S. Armed Forces. You also may terminate the Lease Contract if: (1) you are (i) a member of the U.S. Armed Forces or reserves on active duty or (ii) a member of the National Guard serving on full-time duty or as a civil service technician with a National Guard Unit; and (2) you (i) receive orders for permanent change-of-station, (ii) receive orders to deploy with a military unit on a military operation for 90 days or more, or (iii) are relieved or released from active duty.(iv) have received orderes for mandatory housing assignment to government-supplied quarters resulting in forfeiture of basic allowance for housing. After you deliver to us your written termination notice, the Lease Contract will be terminated under this military clause 30 days after the receipt of notice. You must furnish us a copy of your military orders, such as Initials of all Residents: kP__ f?t?l 6 permanent change-of-station orders, call-up orders, or deployment orders or written notification from your commanding officer. Military permission for base housing does not constitute change-of-station order. After you move out, we'll return your security deposit, less lawful deductions. For the purposes of this Lease Contract, orders described in (2) above will only release the resident who qualifies under (1) and (2) above and receives the orders during the Lease Contract term and such resident's household. A co-resident who is not your spouse or legal dependents cannot terminate under this military clause. Unless you state otherwise in paragraph 10, you represent when signing this Lease Contract that: (1) you do not already have deployment or change-of-station orders; (2) you will not be retiring from the military during the Lease Contract term; (3) the term of your enlistment or obligation will not end before the Lease Contract term ends. Even if you are entitled to terminate this Lease Contract under this paragraph, liquidated damages for making a false representation of the above will be the amount of unpaid rent for the remainder of the lease term when and if you move out, less rents from others received in mitigation under paragraph 33. You must immediately notify us if you are called to active duty or receive deployment or permanent change-of-station orders. 25. RESIDENT SAFETY AND PROPERTY LOSS You and all occupants and guests must exercise due care for your own and others' safety and security, especially in the use of smoke detectors, keyed deadbolt locks, keyless bolting devices, window latches, and other safety or security devices. You agree to make every effort to follow the Security Guidelines on page 7. Smoke Detectors: We'll furnish smoke detectors as required by statute, and we'll test them and provide working batteries when you first take possession. After that, you must pay for and replace batteries as needed, unless the law provides otherwise. You must test automatic fire alarms at the beginning of your lease term and monthly thereafter. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector malfunctions to us. Neither you nor others may disable smoke detectors. If you damage or disable the smoke detector or remove a battery without replacing it with a working battery, you may be liable to us for $100 plus one month's rent, actual damages, and attorney's fees. If you disable or damage the smoke detector, or fail to replace a dead battery or report malfunctions to us, you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water. Casualty Loss: We're not liable to any resident, guest or occupant for personal injury or damage or loss of personal property from an cause, including but not limited to : fire, smoke, rain, flood, water and pipe leaks, hail, ice snow, lightning, wind, explosions, interruption of utilities, theft, or vandalism unless otherwise required by law. We have no duty to remove any ice, sleet, or snow but may remove any amount with or without notice. Unless we instruct otherwise, you must-for 24 hours a day during freezing weather-(1) keep the apartment heated to at least 50degrees; (2) keep cabinet and closet doors open; and (3) drip hot and cold water faucets. You'll be liable for damage to our and other's property if damage is caused by broken water pipes due to your violating these requirements. If you ask our representatives to perform services not contemplated in this Lease Contract, you will indemnify us and hold us harmless from all liability for these services. Crime or Emergency: Dial 911 or immediately call local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity, or other emergency involving imminent harm. You should then contact our representative. You won't treat any of our security measures as an express or implied warranty of security, or as a guarantee against crime or of reduced risk of crime. Unless otherwise provided by law, we're not liable to you or any guests or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons, including, theft, burglary, assault, vandalism, or other crimes. We're not obliged to furnish security personnel, security lighting, security gates or fences, or other forms of security unless required by statute. We're not responsible for obtaining criminal-history checks on any residents, occupants, guests, or contractors in the apartment community. If you or any occupant or guest is affected by a crime, you must make a written report to our representative and to the appropriate local law- enforcement agency. You also must furnish us with the law-enforcement agency's incident report number upon request. 26. CONDITION OF THE PREMISES AND ALTERATIONS You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. We disclaim all implied warranties except those required by Pennsylvania statutes. You'll be given an Inventory and Condition form on or before move-in. Within 48 hours after move-in, you must note on the form all defects or damage and return it to our representative. Otherwise, everything will be considered to be in a.c.lean, safe,-and good . working condition. Initials of all Residents: /41 7 You must use customary diligence in maintaining the apartment and not damaging or littering the common areas. Unless authorized by statute or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment, but we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock wall and in grooves of wood-paneled walls, unless our rules state otherwise. No water furniture, washing machines, additional phone or TV-cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorily allowed or we've consented in writing. You may install a satellite dish condition upon signing a addendum which complies with reasonable restrictions allowed by federal law. You agree not to alter, damage, or remove our property, including alarm systems, smoke detectors, furniture, telephone and cable TV wiring, screens, locks and security devices. When you move in, we'll supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (whether or not we consent) become ours unless we agree otherwise in writing. 27. REQUESTS. REPAIRS AND MALFUNCTIONS IF YOU OR ANY OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST-FOR EXAMPLE FOR REPAIRS INSTALLATIONS SERVICES OR SECURITY RELATED MATTERS-IT MUST BE SIGNED AND IN WRITING TO OUR DESIGNATED REPRESENTATIVE (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). Our written notes on your oral request do not constitute a written request from you. Our complying with or responding to any oral request regarding security or non-security matters doesn't waive the strict requirement for written notices under this Lease Contract. You must promptly notify us in writing of: water leaks; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative as soon as possible on a business day. We'll act with customary diligence to make repairs and reconnections. Rent will not abate in whole or in part unless authorized under Pennsylvania law. If we believe that fire or catastrophic damage is substantial, or that performance of needed repairs poses a danger to you, we may terminate this Lease Contract within a reasonable time by giving you written notice. If the Lease contract is so terminated, we'll refund prorated rent and all deposits, less lawful deductions. 28. ANIMALS No animals (including mammals, reptiles, birds, fish, rodents and insects) are allowed, even temporarily, anywhere in the apartment or apartment community unless we've so authorized in writing. If we allow an animal, you must sign a separate animal addendum, which may require additional deposit, rents, fees or other changes. You must remove an illegal animal within 24 hours of notice from us, or you will be considered in default of this Lease Contract. We will authorize a support animal for a disabled (handicapped) person. We may require a written statement from a qualified professional verifying the need for the support animal. You must not feed stray or wild animals. If you or any guest or occupant violates animal restrictions (with or without your knowledge), you'll be subject to charges, damages, eviction, and other remedies provided in this Lease Contract. If an animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for defleaing, deodorizing, and shampooing. Initial and daily animal-violation charges and animal-removal charges are liquidated damages for our time, inconvenience, and overhead (except for attorney's fees and litigation costs) in enforcing animal restrictions and rules. We may remove an unauthorized animal by following the procedures of paragraph 33. 29. WHEN WE MAY ENTER If you or any guest or occupant is present, the repairs, servicers, contractors, our representatives, or other persons listed in (2) below may peacefully enter the apartment at reasonable times for the purposes listed in (2) below. If nobody is in the apartment, then such persons may enter peacefully and at reasonable times by duplicate or master key (or by breaking a window or other means when necessary) if: (9) written notice of the entry- is left in a conspicuous place in the apartment immediately after the entry; and Initials of all Residents: 8 (2) entry is for: responding to your request; making repairs or replacements; estimating repair or refurbishing costs; performing pest control; doing preventive maintenance; changing filters; testing or replacing smoke-detector batteries; retrieving unreturned tools, equipment, or appliances; preventing waste of utilities; leaving notices; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices; removing or rekeying unauthorized security devices; removing unauthorized window coverings; stopping excessive noise; removing health or safety hazards (including hazardous materials), or items prohibited under our rules; removing perishable foodstuffs if your electricity is disconnected; retrieving property owned or leased by former residents; inspecting when immediate danger to person or property is reasonably suspected; allowing persons to enter as you authorized in your rental applications (if you die, are incarcerated, etc.); allowing entry by a law officer with a search or arrest warrant, or in hot pursuit; showing apartment to prospective resident (after move-out or vacate notice has been given); or showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents. 30. MULTIPLE RESIDENT OR OCCUPANTS You are individually responsible for all Lease Contract obligations. You are also responsible for all other residents' Lease Contract obligations. If you or any guest or occupant violates the Lease Contract or rules, all residents are considered to have violated the Lease Contract. Our requests and notices (including sale notices) to any resident constitute notice to all residents and occupants. Notices and requests from any resident or occupant (including notices of Lease Contract termination, repair request, and entry permissions) constitute notice from all residents. In eviction suits, each resident is considered the agent of all other residents in the apartment for service of process. Security deposit refunds may be by one check jointly payable to all residents; the check and any deduction itemizations may be mailed to one resident only. Replacements 31. REPLACEMENTS AND SUBLETTING Replacing a resident, sub-letting, or assignment is allowed only when we consent in writing. If departing or remaining residents find a replacement resident acceptable to us before moving out and we expressly consent to the replacement, subletting, or assignment, then: (1) a re-renting charge will not be due; (2) an administrative (paperwork) fee will be due, and a rekeying fee will be due if rekeying is requested or required; and (3) you will remain liable for all Lease Contract obligations for the rest of the original Lease Contract term. Procedures for Replacement: If we approve a replacement resident, then, at our option: (1) the replacement resident must sign this Lease Contract with or without an increase in the total security deposit; or (2) the remaining and replacement residents must sign an entirely new Lease Contract. Unless we agree otherwise in writing, your security deposit will automatically transfer to the replacement resident as of the date we approve. The departing resident will no longer have a right to occupancy or a security deposit refund, but will remain liable for the remainder of the original Lease Contract term unless we agree otherwise in writing-even if a new Lease Contract is signed. Responsibilities of Owner and Resident 32. RESPONSIBILITIES OF OWNER We'll act with customary diligence to: (1) keep common areas reasonably clean, subject to paragraph 26; (2) maintain fixtures, furniture, hot water, heating and A/C equipment; (3) substantially comply with applicable federal, state, and local laws regarding safety, sanitatim, and fair housing; and (4) make all reasonable repairs, subject to your obligation to pay for damages for which you are liable. Initials of all Residents: 9 If we violate any of the above, you may terminate this Lease Contract and exercise other remedies under state statute by following this procedure: (a) you must make a written request for repairs or remedy of the condition, and all rent must be current at the time; (b) after receiving the request, we have a reasonable time to repair, considering the nature of the problem and the reasonable availability of materials, labor and utilities. 33. DEFAULT BY RESIDENT You'll be in default if you or any guest or occupant violates any terms of this Lease Contract including but not limited to the following violations: (1) you don't pay rent or other amounts that you owe when due; (2) you or any guest or occupant violates the apartment rules, or fire, safety, health, or criminal laws, regardless of whether arrest or conviction occurs; (3) you abandon the apartment; (4) you give incorrect or false answers in a rental application; (5) you or any occupant is arrested, convicted, or given deferred adjudication for a felony offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marihuana, or drug paraphernalia; (6) any illegal drugs or paraphernalia are found in your apartment; (7) you or any guest or occupant engages in any of the prohibited conduct described in paragraph 21; or (8) you or any occupant, in bad faith, makes an invalid complaint to an official or employee of a utility company or the government. Eviction: Termination of your possession rights or subsequent re-renting doesn't release you from liability for future rent or other Lease Contract obligations. After filing an eviction suit, we may still accept rent or other sums due; the filing or acceptance doesn't waive or diminish our right of eviction, or any other contractual or statutory right. Accepting money at any time doesn't waive our right to damages; pastor future rent or other sums; or to continue with eviction proceedings. However, we will accept past due rent and costs at any time prior to eviction being completed as required by Pennsylvania statutes. WAIVER OF NOTICE: If the Landlord desires to start a Court action to recover possession for nonpayment of rent or for any other reason, the Tenant specifically waives any notice period contained in Section 501 of the Landlord and Tenant Act of 1951, as amended, 68 P.S. 250.101 et seq., or any other notice period established by law. THEREFORE, THE LANDLORD MAY FILE SUIT AGAINST THE TENANT WITHOUT NOTICE IF THE TENANT BREACHES THIS LEASE AGREEMENT, AND TENNAT AGREES THAT NO NOTICE IS REQUIRED. Acceleration: All monthly rent for the rest of the Lease Contract term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due and delinquent if, without our written consent: (1) you move out, remove property in preparing to move out, or give written notice (by you or any occupant) of intent to move out before the Lease Contract term or renewal period ends; and (2) you've not paid all rent for the entire Lease Contract term or renewal period. Such conduct is considered a default for which we need not give you notice. Remaining rent also will be accelerated if you're judicially evicted or move out when we demand because you've defaulted. You will be refunded any future rent payments you have made because you defaulted on the lease as long as a new tenant is found. You will still be liable for rent for the period of time during which no tenant is living in the unit. We will attempt, to the extent required under Pennsylvania Law, to find a new tenant to rent the unit. Holdover: You or any occupant, invitee, or guest must not hold over beyond the date contained in your move-out notice or our notice to vacate (or beyond a different move-out date agreed to by the parties in writing). If a holdover occurs, then; (1) holdover rent is due in advance on a daily basis and may become delinquent without notice or demand; (2) rent for the holdover period will be increased by 150% over the then-existing rent, without notice; (3) you'll be liable to us for all rent for the full term of the previously signed Lease Contract of a new resident who can't occupy because of the holdover; and (4) at our option, we may extend the Lease Contract term-for up to one month from the date of notice of Lease Contract extension-by delivering written notice to you or your apartment while you continue to hold over. Other Remedies: If your rent is delinquent and we give you prior written notice, we may terminate electricity that we've furnished at our expense, by following applicable Pennsylvania law, unless governmental regulaticns on submetering or utility proration provide otherwise. We may report unpaid amounts to credit agencies. If you default and move out early, you will pay us any amounts stated to be rental discounts in paragraph 11, in addition to other sums due..Upon your default, we have all other legal remedies, including Lease Contract termination. If allowed by Pennsylvania law, the prevailing party, in a lawsuit under this contract, may recover from the non- Initials of all Residents: ??/?i? 10 prevailing party attorney's fees and all other litigation costs. Late charges are liquidated damages for our time, inconvenience, and overhead in collecting late rent (but are not for attorney's fees and litigation costs). All unpaid amounts bear 18% interest per year from due date, compounded annually. You must pay all collection-agency fees if you fail to pay all sums due within 10 days after we mail you a letter demanding payment and stating that collection agency fees will be added if you don't pay all sums by that deadline. Mitigation of Damages: If you move out early, you'll be subject to paragraph 12 and all other remedies. We'll exercise customary diligence to re-rent and minimize the amount you owe us. We'll credit all subsequent rent that we actually receive from subsequent resident against your liabilityfor past-due and future rent and other sums due. General Clauses 34. MISCELLANEOUS Neither we nor any of our representatives have made any oral promises, representations, or agreements. This Lease Contract is the entire agreement between you and us. Our representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Lease Contract or any part of it, unless in writing and no authority to make promises, representations, or agreements that impose security duties or other obligations on us or our representatives unless in writing. No action or omission of our representative will be considered a waiver or any subsequent violation, default, or time or place of performance. Our not enforcing or belatedly enforcing written-notice requirement, rental due dates, acceleration, liens, or other rights isn't a waiver under any circumstances. Except when notice or demand is required by statute, you waive any notice and demand for performance from us if you default. Written notice to or from our managers constitutes notice to or from us. Any person giving a notice under this Lease Contract should retain a copy of the memo, letter, or fax that was given. Fax signatures are binding. All notices must be signed. Notices may not be given by email. If we exercise our legal right against you, we still have all other legal rights available in any legal proceeding against you. No employee, agent, or Management Company is personally liable for any of our contractual, statutory, or other obligations merely by virtue of acting on our behalf. This Lease Contract binds subsequent owners. Neither an invalid clause nor the omission of initials on any page invalidates this Lease Contract. All notices and documents may be in English and, at our option, in any language that you read or speak. All previous regarding our non-liability and non-duty apply to our employees, agents and management companies. This Lease Contract is subordinate or superior to existing and future recorded mortgages, at lender's option. All Lease Contract obligations must be performed in the county where the apartment is located. Cable channels that are provided may be changed during the Lease Contract term if the change applies to all residents. Utilities may be used only for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-operated lighting. WAIVER OF JURY TRIAL: To minimize legal expenses and, to the extent allowed by law, you and we agree that a trial of any lawsuit based on statute common law, and/or related to this Lease Contract shall be to a judge and not a jury. 35. PAYMENTS You are required to pay rent whether or not we fulfill our lease obligations under this contract. At our option and without notice, we may apply money received (other than sale proceeds under paragraph 14 or utility payments subject to governmental regulations) first to any of your unpaid obligations, then to current rent regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than rent are due upon our demand. After the due date, we do not have to accept the rent or any other payments. 36. NAA MEMBERSHIP We represent that, at the time of signing this Lease Contract or a Lease Contract Renewal Form: (1) we; (2) the management company that represents us; (3) any locator service that procured you is a member in good standing of both the National Apartment Association and the affiliated local Apartment Association for the area where the apartment is located. Security Guidelines for Residents Initials of all Residents: _A5 I;? //,? /?-- ?? 37. SECURITY GUIDELINES In cooperation with the National Apartment Association, we'd like to give you some important safety guidelines. We recommended that you follow these guidelines and use common sense in practicing safe condpct. Inform all other occupants in your dwelling, including any children you may have, about these guidelines. PERSONAL SECURITY- WHILE INSIDE YOUR APARTMENT 1. Lock your doors and windows-even while you're inside. 2. Engage the keyless deadbolts on all doors while you're inside. 3. When answering the door, see who is there by looking through a window or peephole. If you don't know the person, first talk with him or her without opening the door. Don't open the door if you have any doubts. 4. If children (who are old enough to take care of themselves) are left alone in your apartment, tell them to use the keyless deadbolt and refuse to let anyone inside while you are gone-regardless of whether the person is a stranger or an apartment maintenance or management employee. 5. Don't put your name, address, or phone number on your key ring. 6. If you're concerned because you've lost your key or because someone you distrust has a key, ask the management to rekey the locks. You have a statutory right to have that done, long as you pay for the rekeying. 7. Dial 911 for emergencies. If the 911 number does not operate in your area, keep phone numbers handy for the police, fire, and emergency medical services. If an emergency arises, call the appropriate governmental authorities first, and then call the management. 8. Check your smoke detector monthly to make sure it is working properly and the batteries are still okay. 9. Check your door locks, window latches, and other devices regularly to be sure they are working properly. 10. If your doors or windows are unsecure due to break-ins or malfunctioning locks or latches, stay with friends or neighbors until the problem is fixed. 11. Immediately report to management-in writing, dated and signed-any needed repairs of locks, latches, doors, windows, smoke detectors, and alarm systems. 12. Immediately report to management-in writing, dated and signed-any malfunction of other safety devices outside your apartment, such as broken gate locks, burned-out lights in stairwells and parking lots, blocked passages, broken railings, etc. 13. Close curtains, blinds, and window shades at night. 14. Mark or engrave your driver's license number or other identification on valuable personal property. PERSONAL SECURITY- WHILE OUTSIDE YOUR APARTMENT 15. Lock your doors while you're gone. Lock any door handle lock, keyed deadbolt lock, sliding door pin lock, sliding door handle latch, and sliding door bar that you have. 16. Leave a radio TV playing softly while you're gone. 17. Close and latch your windows while you're gone, particularly when you're on vacation. 18. Tell your roommate or spouse where you're going and when you'll be back. 19. Don't walk alone at night. Don't allow your family to do so. n Initials of all Residents: I, `lY 12 20. Don't hide a key under the doormat or a nearby flowerpot. These are the first places a burglar will look. 21. Don't give entry keys, codes or electronic gate cards to anyone. 22. Use lamp timers when you go out in the evening or go away on vacation. They can be purchased at most hardware stores. 23. Let the manager and your friends know if you'll be gone for an extended time. Ask your neighbors to watch your apartment since the management cannot assume that responsibility. 24. While on vacation, temporarily stop your newspaper and mail delivery, or have your mail and newspaper picked up daily by a friend. PERSONAL SECURITY WHILE USING YOUR CAR 25. Carry your door key in your hand, whether it is daylight or dark, when walking to your entry door. You are more vulnerable when looking for your keys at the door. 26. Lock your car doors while driving. Lock your car doors and roll up the windows when leaving your car parked. 27. Don't leave exposed items in your car, such as compact discs, wrapped packages, briefcases, money, or purses. 28. Don't leave your keys in the car. 29. Carry your key ring in your hand whenever you are walking to your car-whether it is daylight or dark and whether you are at home, school, work, or on vacation. 30. Always park in a well-lighted area. If possible, try to park your car in an off-street parking area rather than on the street. 31. Check the backseat before getting into your car. 32. Be careful when stopping at gas stations or automatic-teller machines at night-or anytime when you suspect danger. PERSONAL SECURITY AWARENESS: No security system is failsafe. Even the best systems can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and human error. We disclaim any expressed or implied warranties of security. The best safety measures are the ones you perform as a matter of common sense habit. When Moving Out 38. MOVE-OUT NOTICE Before moving out you must give our representative advance written move-out notice as provided below. Your move-out notice will not release you from liability for the full term of the Lease Contract or renewal term. You will still be liable for the entire Lease Contract term if you move out early (paragraph 23) except under the military clause (paragraph 24). YOUR MOVE-OUT NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING: • We must receive advance written notice of your move-out date The advance notice required in paragraph 4. Oral move-out notice will not be accepted and will not terminate your Lease Contract. • Your move-out notice must not terminate the Lease Contract sooner than the end of the Lease Contract term or renewal period. YOUR NOTICE IS NOT ACCEPTABLE IF IT DOES NOT COMPLY WITH ALL OF THE ABOVE. Please use our written move-out form. You must obtain from our representative written acknowledgment that we receive Initials of all Residents: P S)P? /,//? /13 your move-out notice. If we terminate the Lease Contract, we must give you the same advance notice-unless you are in default. 39. MOVE-OUT`PROCEDURES The move-out date can't be changed unless we and you both agree in writing. You won't move out before the Lease Contract term or renewal period ends unless all rent for the entire Lease Contract term or renewal period is paid in full. Early move-out may result in re-renting charges and acceleration of future rent under paragraphs 12 and 33. You're prohibited from applying any security deposit to rent. You won't stay beyond the date you are supposed to move out. All residents, guests, and occupants must abandon the apartment before the 30-day period for deposit refund begins. You must give us and the U.S. Postal Service, in writing, each resident's forwarding address. 40. CLEANING You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move out cleaning instructions if they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges. 41. MOVE-OUT INSPECTION You should meet with our representative for a move-out inspection. Our representative has no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimate by us or our representative are subject to our correction, modification, or disapproval before final refunding or accounting. 42. SECURITY DEPOSIT DEDUCTINS AND OTHER CHARGES You'll be liable for the following charges, if applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or damages caused by negligence, scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is missing; replacing dead or missing smoke-detector batteries; utilities for repairs or cleaning; trips to let in company representatives to remove your telephone or TV cable services or rental items (if you so request or have moved out); trips to open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned-out light bulbs; removing or rekeying unauthorized security devices or alarm systems; agreed re-renting charges; packing, removing, or storing property removed or stored under paragraph 14; removing illegally parked vehicles blocking dumpsters; false security-alarm charges unless due to our negligence; animal-related charges under paragraphs 7 and 28; government fees or fines against us for violation (by you, your occupants, or guests) of local ordinances relating to smoke detectors, false alarms, recycling, or other matters; late-payment and returned-check charges; a charge (not to exceed $100) for our time and inconvenience in our lawful removal of an animal or in any valid eviction proceeding against you, plus attorney's fees, court costs, and filing fees actually paid; and other sums due under this Lease Contract. You'll be liable to us for: (1) charges for replacing all keys access devices referenced in paragraph 6 if you fail to return them on or before your actual move-out date; (2) accelerated rent if you have violated paragraph 33; and (3) a re-renting fee if you have violated paragraph 12. 43. DEPOSIT RETURN. SURRENDER AND ABANDONMENT We'll mail you your security deposit refund (less lawful deductions) and an itemized accounting of any deductions no later than 30 days after surrender or abandonment, unless statutes provide otherwise. You have surrendered the apartment when: (1) the move-out date has passed and no one is living in the apartment in our reasonable judgment; or (2) all apartment keys and access devices listed in paragraph 6 have been turned in where rent is paid-whichever date occurs first. You have abandoned the apartment when all of the following have occurred: (1) everyone appears to have moved out in our reasonable judgment; (2) clothes, furniture, and personal belongings have been substantially removed in our reasonable judgment; (3) you've been in default for payment of rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected in our name has been terminated; and (4) you've not responded for 2 days to our notice left on the inside of the main entry door, stating that we consider the apartment abandoned. An apartment is also "abandoned" 10 days after the death of a sole resident. Surrender, abandonment, and judicial eviction ends your right of possession for all purposes and gives us the immediate right to: clean up, make repairs in, and relet the apartment; determine any security deposit Initials of all Residents: 5 /,-?? N4_ 14 deductions; and remove property left in the apartment. Your surrender or abandonment, of the premises does not terminate your responsibility to pay rent or any other balances you may owe. (paragraph 33). Signatures, Originals and Attachments 44. ORIGINALS AND ATTACHMENTS. This Lease Contract has been executed in multiple originals, each with original signatures-one for you and one or more for us. Our rules and community policies, if any, will be attached to the Lease Contract and given to you at signing. When an Inventory and Condition form is completed, both you and we should retain a copy. The items checked below are attached to this Lease Contract and are binding even if not initialed or signed. ? Animal Addendum ? Inventory & Condition Form ® Mold Addendum ? Enclosed Garage Addendum, dated ? Community Policies Addendum, dated ? Lease Contract Guaranty (_guaranties, if more than one) ? Notice of Intent to Move Out Form ? Parking Permit or Sticker (quantity. ) ? Satellite Dish or Antenna Addendum ? Asbestos Addendum (if asbestos is present) ? Lead Hazard Information and Disclosure Addendum (federal) ® Utility Addendum ? Card Access Addendum, dated ? Code Access Addendum, dated ®Early Termination Addendum ? Intrusion Alarm Addendum, dated ? Other ? Other NOTICE: YOU ARE GIVING UP CERTAIN IMPORTANT RIGHTS. YOU ARE WAIVING YOUR RIGHT TO HAVE A NOTICE SENT TO YOU BEFORE WE START A COURT ACTION TO RECOVER POSSESSION OF THE APARTMENT FOR NONPAYMENT OR FOR ANY OTHER REASON. YOU ARE ALSO WAIVIN3 YOUR RIGHT TO A JURY TRIAL. Name and address of locator service (if applicable) Resident or Residents (all sign below) Owner or Owner's Representative (signing on behalf of owner) A a p one num er of owner's representative for notice purpose Initials of all Residents: /j? 15 100 Georgetown Road Mechanicsburg PA 17050 (717) 697-2226 Date form is filled out (same as on top of page 1) S'-7 -b? You are legally bound by this document. Please read is carefully. Before submitting a rental application or signing a Lease Contract you make take a copy of these documents to review and / or consult an attorney. Additional provisions are changes may be made in the Lease Contract if agreed to in writing by all parties. You are entitles to receive an original of this Lease Contract after it is fully signed. Keep it in a safe place. Document prepared by: Jenni Procope Initials ofall Residents:S AZ 16 ' f.' _ , (_ David D. Rued Prothonotary r,irkS. Sohonage, ESQ, Solicitor 7750 WSnee X Simpson IS` (Deputy Prothonotary Irene E. JKorrow 2nd Deputy Prothonotary Office of the 1Tyothonotary Cumberland County, (Pennsy(vania D9--7470CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY (717) 240-6195 • Fax (717) 240-6573