HomeMy WebLinkAbout09-8294COMMONWEALTH OF PENNSYLVANIA
` COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
! Lam /(I jffA ' COMMON PLEAS No. Og- Q o7 9e-/ C4/ ?11
NOTICE OF APPEAL
1?2
This block will be signed ONLY when this noodionA required under Ca.
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.
a Dfstrkt Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after Ning the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of nok a of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No.
appe#ee(s), to the a complaint in tht appeal
within twenty (20) days after service of rule or suffer entry of judgment of non pros.
9$Fshm of sPPs ?k aWmW or apsnt
RULE: To appell"(s)
Nara of *Avo sa(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 mall.
(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 mall ft.
Date: .20
UN d or
( .
AOPC 312-02
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE_y APPEAL.
earns a?apps+rwra)
the date and in the case referenced below.
WHRE -COURT FILE TO BE FILED Wrf H P'FKITIIONOTAR1f GREEN -COURT FILE YELLOW - APPELLAM'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
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
^y
4
PROOF OF OF AL AND RULE TO RLE COSWLAtNIT
(Thisttttetr A
. T ?' t+l(iTHJ(u ,) OR'I"S AFTER Ning • offtjnotice reiPp ,Cftaqt'* boxed)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss `;
AFFIDAVIT: I hereby (wmw) (affirm) that 1 served
? a copy of the,Noke of Appeal, Common Pleas upon the District Justice designated therein on
(date of service) .210 ? by Personal service Q by (certified) (registered) mail,
sender's receipt heretp, and upon the appellee, (name) on
,20 - by personal service ? by{t fregistered), mail,
sender's receipt ached hereto.
(SWAM) (AFFI [J) AND SU(WROED 6 . ,, •INE..
THIS DAY OF
SWAM of aft"t
SOBWM of bedaa -ft m
alt was mails
D
n* of b t r ,
My commission expires on , 20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OFD C1UMM
Mag. Dist. No.:
09-1-02
MDJ Name: Hon.
ROOIER A. SSTBP
Address: 1901 STATE ST
CAMP HILL, PA
Telephone: (7 17 ) 761-0583 17011
JAMES BLOUNT
3527 SSPTSIEBER
CAMP HILL, PA
NOTIdE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF:
r EPS
NA
CAMP HILL PLATIA AP
ARTJ
121 R DAR
SUITS 1
LCAMP HILL, PA 17011 J
VS.
DEFENDANT: NAME and ADDRESS
rsLOUNT, JAMS, ST AL. ?
3527 3SP'PS IER DR APT/STS 3
CAMP HILL, PA 17011
L J
DR APT/STS 3 Docket No.: LT-0000425-09
17011 Date Filed: 11/16/09
" cT c?
THIS IS TO NOTIFY YOU THAT:
Judgment: R P&AMIFF
Fx? Judgment was entered for: (Name) _ gbHILL PLWA APAR'1!i11?`7'S
Judgment was entered against BLOOM, JA1[Il in a
® Landlord/Tenant action in the amount of $ 1,705.64 on 12/01/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 090.00.
The total amount of the Security Deposit is $ 1,000.00
Total Amount Established bMAW less - Security Deposit Ap%=
Rent in Arrears $ 92.5 - $ Physical Damages Leasehold Property $ .00- $ .00
Damages/Unjust Detention $ -00 - $ _W
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
S Possession granted if money judgment
Possession not granted.
Total Judgment
Adjudica1te i92.
54
$ .00
$ _nn
$ .00
$ _nn
$ I S92_54
$ 113.10
$ _no
$ 1,705.64
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A 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
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.k( D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES.WITH THE JUDGMENT.
2/1 At? Date ' terial District Judge
,
ce a Is is a rue a correct copy o We record of the proceedings contairting,the Judgment
Date ; .luiagisterial District Judge
My commission expires first Monday of`January, 2012. -SEAL
AO C 315A OB
i
~.~i(~_J irY :t
COHEN & WILLWERTH, P.C.
ROBERT J. WILLWERTH, ESQUIRE
Identification No. 72734
JENEL R. MARRACCINI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
Attorney for Plaintiff
. 2010 J~~~ -8 Pri ! ~ 20
Ci,~ bsF ,:119;1
. C i``
CAMP HILL ASSOCIATES LLC: general partner :COURT OF COMMON PLEAS
t/d/b/a CAMP HILL PLAZA PARTNERS, LP CUMBERLAND COUNTY
c/o MORGAN PROPERTIES, INC.
121 November Drive, Suite 1
Camp Hill, PA 17011
v N0.09-8294
JAMES BLOUNT and LEOLA MASSONBURG
and all other occupants
3527 September Drive, Apartment 3
Camp Hill, PA 17011
COMPLAINT -CIVIL ACTION
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
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. 'T'HIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE, MA.Y BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES 'P HA'T' MAY GFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral
Service
(717) 249-3166
AVISO
Le han demandado a usted en la Corte. Si
usted quiere defenderse de estas demandas
expuestas en la paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de
la fecha de la demanda y la notification.
Hate falta asentar una comparencia escrita o
en persona o con un abogado y entregar a la
Corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se
defiende, la Corte tomara medidas y puede
continuar la demanda en contra suya sin
previo aviso o notification. A demas, la
torte puede decidir a favor del demandante y
requiere que usted cumpia con todas las
provisioner de esta demanda. Usted puede
perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTR DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI NO TIENE ABOGADO 0 SI NO TIENE F.L DINERO
SUFICIENTE DE PAGAR TAL SERVICIO. VAYR F.N PERSONA
0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRI'PP. ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTFNCIA LEGAL.
ASOCIACION DE LICENCIADOS DE
CUMBERLAND COUNTY
(717) 249-3166
COHEN & WILLWERTH, P.C. :Attorney for Plaintiff
ROBERT J. WILLWERTH, ESQUIRE
Identification No. 72734
JENEL R MARRACCINI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
CAMP HILL ASSOCIATES LLC: general partner :COURT OF COMMON PLEAS
t/d/b/a CAMP HILL PLAZA PARTNERS, LP :CUMBERLAND COUNTY
c/o MORGAN PROPERTIES, INC.
121 November Drive, Suite 1
Camp Hill, PA 17011
v N0.09-8294
JAMES BLOUNT and LEOLA MASSONBURG
and all other occupants
3527 September Drive, Apartment 3
Camp Hill, PA 17011
CIVIL ACTION APPEAL COMPLAINT
Plaintiff CAMP HILL ASSOCIATES LLC, general partner , t/d/b/a CAMP HILL PLAZA
PARTNERS, LP, c/o MORGAN PROPERTIES, INC., by and through its attorneys Cohen &
Willwerth, P.C., hereby files this Civil Action Appeal Complaint and in support thereof avers as
follows:
1. Plaintiff, Plaintiff CAMP HILL ASSOCIATES LLC is the general partner of
CAMP HILL PLAZA PARTNERS, LP a Pennsylvania limited partnership which is managed by
MORGAN PROPERTIES, INC. (hereinafter referred to as "CAMP HILL PLAZA"), with an
address for business purposes as set forth hereinabove.
2. Defendant JAMES BLOUNT is an adult individual and resident of the
Commonwealth of Pennsylvania with a resident address as set forth in the caption hereinabove.
3. Defendant LEOLA MASSONBURG is an adult individual and resident of the
t
Commonwealth of Pennsylvania with a resident address as set forth in the caption hereinabove.
4. Defendants James Blount and Leola Massonburg are hereinafter collectively
referred to as "Tenants."
5. Camp Hill Plaza, during all relevant times hereto, is and has been the record
owner of the property known as 3527 September Drive, Apartment 3, Camp Hill, PA 17011.
6. On or about September 1, 2007, Camp Hill Plaza and Tenants entered into a lease
agreement commencing on September 1, 2007 and expiring on August 31, 2008. A true and
correct copy of the lease agreement is attached hereto, made a part hereof and marked as Exhibit
«A ,~
7. The lease agreement subsequently renewed on an annual basis, with the most
current renewal expiring on August 31, 2010. A true and correct copy of the most current
renewal is attached hereto, made a part hereof and marked as Exhibit "B."
COUNT I -NON-PAYMENT OF RENT
8. Plaintiff incorporates by reference the allegations contained in the above
paragraphs as though the same were fully set forth herein at length.
9. On or about November 9, 2009, Camp Hill Plaza served Tenants with a notice to
vacate the property for failure to pay rent when and as due. A true and correct copy of said
Notice is attached hereto, made a part hereof and marked as Exhibit "C."
10. On or about November 16, 2009, as a direct result of Tenants' repeated failure to
pay rent when and as due, Camp Hill Plaza filed a Landlord and Tenant Complaint with District
Court 09-1-02. A true and correct copy of the Landlord and Tenant Complaint is attached hereto,
made a part hereof and marked as Exhibit "D."
11. Despite repeated requests and demands for payment, Tenants have repeatedly failed
i r
to remit rent payments to Camp Hill Plaza, when and as due.
12. To date, the following sums are due to Camp Hill Plaza from Tenants for rent, late
fees and unpaid court cost, all of which are in accordance with the parties lease agreement:
July balance 135.02
August rent 1,050.00
August late fee 105.00
September -December rent @ $1090.00 per month 4,360.00
November -December late fees @ $109.00 per month 218.00
August -December Utilities 621.20
Unpaid prior court cost 113.10
SUBTOTAL: $6,602.32
Less payments (3,569.00)
TOTAL DUE PLAINTIFF: $3,033.32
13. In accordance with the Lease Agreement, Tenants is responsible for all ongoing rent
in the amount of $1090.00 beginning January 1, 2010 and continuing through the pendancy of this
action.
14. In accordance with the Lease Agreement, Tenants is responsible for all ongoing
late fees in the amount of $109.00 on January 6, 2010 and continuing through the pendancy of
this action.
15. In accordance with the Lease Agreement, Tenants is responsible for all ongoing
utilities beginning January 2010 and continuing through the pendancy of this action.
16. In addition to the financial losses referred to in the preceding allegation, Plaintiff
has incurred additional legal fees through the time of filing this Complaint in the amount of one
t
r
thousand five hundred dollars ($1,500.00).
17. In accordance with the Lease Agreement, Tenant is responsible for all legal fees
and/or court costs incurred by Plaintiff in connection with the attempted recovery of possession
of its unit and of monies owed, due to breach of Lease by Tenants.
18. Plaintiff will continue to accrue attorney's fees at a reasonable rate through the
pendancy of this action.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
its favor as follows:
(a) For money damages of $3,033.32; and
(b) For ongoing rent in the amount of $1,090.00 per month, beginning January 1, 2010;
and
(c) For ongoing late fees in the amount of $109.00 per month, beginning January 6,
2010; and
(d) For ongoing utilities beginning January 2010;
(e) For legal fees in the amount of $1,500.00 in addition to those incurred throughout
the pendancy of this matter;
(e) For all record costs of this action; and
(f) For all other costs and fees that this Court may deem appropriate.
COUNT II -POSSESSION BASED ON NON-PAYMENT OF RENT
19. Plaintiff incorporates by reference the allegations contained in the above
paragraphs as though the same were fully set forth herein at length.
20. Tenants have repeatedly failed to remit rent payments to Camp Hill Plaza, when
and as due.
21. On or about November 9, 2009, Camp Hill Plaza served Tenants with a notice to
vacate the property for failure to pay rent when and as due. See Exhibit "C."
22. As a direct result of Tenants' failure to remit rental payments, Camp Hill Plaza is
entitled to recover possession of the premises.
WHEREFORE, Plaintiffs respectfully requests judgment for possession of the property,
3527 September Drive, Apartment 3, Camp Hill, PA 17011, immediately, plus the costs of this
proceeding, based on non-payment of rent.
BY:
Respectfully submitted,
COHEN & WILLWERTH, P.C.
j ± r
fi "~ ~
f~ r` t
EL R. MARRACCIN , ESQ RE '\~`/\' ~ ~'~"~ '~-~
A rney for Plaintiff
De~~23. 2009 3~56P1~
CAIviP HILL PLAZA
ho~8313 P. 2
ANDREW KAE~LER, being duly affirmed according to law, deposes and says that she is
the agent of CAMP HILL ASSOCIATES LLC, general partner, t/d/b/a CAMP HILL PLAZA
PARTNERS, LP, c/o MORGAN PROPERTIES, INC., Plaintiff named herein; that as such, she is
authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true
and correct, based upon her personal kno~nrledge, information and belief.
This Verification is given pursuant to 18 Pa. C.S.A., Section 4904 relating to unswom
falsification. to authorities and the penalties therefore.
CAMP MILL ASSOCIATES LLC, general partner, t/d/b/a CAMP HILL
PLAZA PARTNERS, LP, c/o MORGAN PROPERTIES, INC.
B`Y: ~%~
AND HLER
(Agent)
Received Time Dec, 23. 2009 1:27PM No. 0477
EXHIBIT A
artrnent Lease For: 3527 September Dr, #3 Camp Hill Pa 17011
.p Security
Date of Term of Lease
Ending
nin
i Deposit Address
Monthly Rent
$1000.00 S35273
g
n
Beg
Lease
D9/0112007 0910112007 08!3112008 1000.00
$
ADDENDUM:
Tenants:
James Blount
Utility Addendum
Addendum on Motd
II eoia Massonburg Addendum on Lead
TENANTS TOGETHER AND INDIVIDUALLY
r ~~ ~~_
Te ~ ~ ~ Date
~" --
_ _~~=-=--~--~-_-,, Da~
Tenant .
Date
Unit
Type
36R
MORGAN PROPERTIES, INC.
Agents for Gamp Hilt Plaza
L ~-
By `.~~ ..._ --~
Agent Representative
Pamela F. Donbach
Property Manager
Landlord agrees to rent to Tenant the "Leased Unit" on the following terms as described above.
Total Rent for Lease Tenn: $ 1000.00
Rent for Each Monih: $ 12000.00
Tenant must pay rent to Landlord or Agent by the first (1~') day of every month for 121 November Drive, Camp Hill
PA 17011. if Tenant's check is returned by the bank, Tenant will pay a charge of $25.00 as additional rent. If any
of the rent is not paid by the fifth (5'") day of the month, Tenant must pay a late fee of 10%
of total monthly rent.
2. SECURITY DEPOSIT
Tenant has paid to Landlord a security deposit of 51000.00 as security that Tenant will perform his/her obligations
under this Lease. Landlord may use the security deposit to pay for losses or damages caused by Tenant's breach
of this Lease. Tenant may not use the security deposit to pay the rent for the Leased Unit. Landlord may keep the
security deposit if Tenant fails to make rental payments or if Tenant leaves before the end of the Lease Term.
Tenant may not appty the Security Deposit to any installation of the monthly rent.
Landlord will deposit the security deposit at Citizens Bank. Tenant must vacate the Leased Unit and give
Tenant's new address to Landlord in writing before Tenant is eligible for return of the security deposit.
3. UTILITIES
Tenant will pay for the following utilities: GAS, WATER, SEWER, AND TRASH. Tenant agrees to place all other
utilities (Electric, Cable, Telephone) in the name of the Tenant and agrees to pay all bills when due.
Landlord is not responsible for any inconvenience or loss caused by interruption of any utilities services.
4. USE AND OCCUPANCY
(a) Tenant will personally use and continuously occupy the Leased Unit as a residence for Tenants. Only the
following person(s) may reside in the leased unit James Blount, Leola Massonburg, and Travis Blount Lease
to have any reason(s) living in the Leased Unit who is (are) not listed in this Paragraph.
(b} Tenant will not remove or attempt to remove tenant's personal property without first paying to Landlord all rent due
for the balance of this Lease.
(c) Tenant will notify Landlord in advance if Tenant intends to be away from the Leased Unit for more than ten (10)
days.
(d) Tenant will comply with all statutes, laws, ordinances and regulations. Tenant will not keep anything, which is
dangerous in the Leased Unit. Tenant will not conduct any dangerous activity in the building. Tenant will not do
anything, which might increase the danger to the Leased Unit or to other occupants in the building.
(e} Tenant will not act in any way, which unreasonably disturbs the peace and quiet of other residents or of Landlord
or Agent.
PALEASE-911!96 --Page t
_ i
Initi
5. POSSESSION
Landlord will make a good faith effort to make the Leased Unit available to Tenant on the day this Lease is
scheduled to begin. li any delay does occur, no rent is due until the Leased Unit is available to Tenant.
Tenant can end this Lease by written notice to Landlord by certified mail, return receipt requested, if the Leased
Unit is not available within ten (10j days after the Lease beginning date. Tenant's only remedy is to end the
Lease. Landlord is not responsible for any inconvenience, loss or damage if there is any delay in making the
Leased Unit available to Tenant.
6. SUB-LETTING
Tenant may not sublease, transfer or assign this Lease. No person is allowed to occupy the Leased Unit unless
specifically named in Paragraph 6(a).
7. ALTERATIONS
Tenant may not remodel or make any structural changes to the interior or exterior of the Leased Unit. Tenant may
not attach or remove any carpeting or fixtures without first obtaining Landlord's written permission. When this
Lease ends, Tenant must return the Leased Unit to its original condition.
8. CONDITION OF LEASED UNIT; REPAtR OF DAMAGE
Tenant agrees to maintain the Leased Unit during the term of this lease in the same condition as it was on the
beginning date of the Lease.
Tenant agrees to return the Leased Unit to Landlord at the end of this Lease in the same condition as it was on khe
beginning date of this Lease.
Tenant will promptly notify Landlord in writing if the leased Unit is damaged or repairs are required. Landlord
agrees to perform necessary repairs with reasonable promptness after receiving written notice from Tenant.
Tenant agrees to pay as additional rent the cost of the repair of damage caused by Tenant or other permitted
occupants or visitors of Tenant. Only Landlord's employees, agents or contractors may make repairs to the
leased Unit.
Landlord is not responsible for any inconvenience or loss caused by necessary repairs to the Leased Unit.
9. CONDEMNATION
Condemnation is the power of the government to take private property for public use. If the Leased Unit or any
part of it is condemned, or voluntarily transferred try condemnation proceedings, this Lease will automatically end
as to the condemned portion.
If the Lease ends due to condemnation of a part of the Leased Unit, Landlord will reduce the rent accordingly.
1f the Leased Unit becomes uninhabitable due to the condemnation, the Lease will end when Tenant pays all rent
due until the condemnation date. Tenant will not have any right to any award paid to Landlord by the condemning
authority.
1d. DAMAGE TO LEASED UNIT
Landlord will not reduce the rent if there is a fire or other damage. Landlord will decide whether the Leased Unit
cannot be lived in due to damage. If the leased Unit becomes uninhabitable for any reason, this Lease will end
when Tenant pays all rent due to the date that the Leased Unit is vacated.
Landlord is not responsible for any loss, damage or inconvenience to Tenant caused by fire or other cause.
11. TENANT'S PERSONAL PROPERTY AND INSURANCE
Landlord is not responsible for any damage to Tenant's personal property. For that reason, Tenant must obtain
insurance to protect his or her personal property. Tenant is in breach of this Lease if Tenant fails to obtain
~ersonat property insurance.
Any persona( property left in the Leased Unit after Tenant has vacated or has been evicted is considered
abandoned. Landlord may dispose of this property in any manner without notice to Tenant. Tenant must pay
Landbrd's cost of disposal of Tenant's property.
If any insurance coverage maintained by Landlord is found to apply to any loss or damage covered by Tenant's
insurance the following will happen:
(a) Landlord's insurance and any obligation of Landlord to pay is considered excess coverage.
(b) Tenant's insurance must be fully used up before any claim can be made against landlord or against
Landlord's insurance coverage.
Regardless of anything stated in this Lease, Tenant releases Landlord from any injury, loss or damage to personal
property or persons from any cause. This Release is effective even if landlord or Landlord's employees or agents
cause the injury, loss or damage.
PALEASE-9!1!96 --Page 2 ,- ~ ~
Initials •- - /- ~
Tenant waives any right of subrogation by Tenant or by any insurance company, which covers Tenant.
Subrogation is the right to be repaid for any payments made by Tenant or Tenant's insurance for injury, loss or
damage to personal property or persons.
Landlord may require Tenant to produce proof of insurance that is required in this Lease. It is a violation of the
Lease to fail to have the insurance or fail to produce proof when requested.
12. ACCESS
Landlord and anyone allowed by Landlord may enter the Leased Unit after first notifying Tenant. If there is an
emergency, Landlord may enter the Leased Unit without giving Tenant advance notice. Tenant must obtain
written approval from Landlord !o add or change any lock. Tenant must provide to Landlord keys for any additional
or changed locks.
13. END OF LEASE OR RENEWAL
(a) Either party may end this Lease at the end of the original Terre by written notice. Landlord or
Tenant must receive this notice at least 60 days before the end of the Term.
(b) This Lease will automatica0y renew for one (1) year if neither party ends the lease at the end of the
original Term ar of any renewal term. Automatic renewal will not change the terms of this Lease except
that the rent for each renewal term may increase.
(c) Landlord may increase the rent or change any other term of the Lease for any renewal period by sending
written notice to Tenant. Landlord must send this notice at least seventy (70) days before the end of the
Term or of any renewal term.
Tenant may reject the renewal terms by giving written notice to Landlord by certified mail at least sixty (60)
days prior to the expiration of the current term. Tenant must then vacate at the end of the current Term.
The Lease will automatically renew on the terms set forth in Landlord's renewal notice if Landlord does not
receive Tenant's written notice by certified mail at feast sixty (601 days before the expiration of the current
term.
{d) If it is necessary for the Tenant to end this Lease before end of the Term, the Tenant agrees to pay the
Landlord the sum of two (2) months additional rent as Liquidated Damages and not as a penalty, and at
the same time give to the Landlord a two (2) month written notice of termination as of the first (1~`) day of
any month. if Tenant cannot or does not give a written notice, Tenant will give the Landlord an additional
month's rent for each month's notice not given as required.
(e) if this Lease is ended and Tenant does not vacate on the ending date, Tenant must pay double the last
monthly rental charge. This rental charge is due for each month that Tenant remains in possession of the
Leased Unit.
14. LANDLORD'S REMEDIES
Tenant is in breach of this Lease if Tenant fails to make rental payments when due or fails to comply with any
other provision of this Lease. If Tenant breaches this lease:
(a) Tenant must immediately pay all rents for the balance of the term of this Lease and Landlord may sue for
this rent.
(b} Landiord may end this Lease.
(c) Landlord may evict Tenant.
(d) Landlord may sue Tenant to collect any monies due including but not limited to legal fees and costs to
enforce lease terms. Tenant agrees to pay all legal fees and costs.
(e} To the extent allowed by law, Landlord may discontinue any utility services to the Leased Unit.
(f) landlord may exercise any one or more of the other remedies available to it under law or in equity.
(g) Tenant agrees to waive the 15 or 30 day notice period which is contained in Section 501 of the Landlord
and Tenant Act of 1951, as amended, 68 P.S. 250.501. LANDLORD MAY FILE SUIT AGAINST TENANT
TO ENFORCE THE TERMS OF THE LEASE WITHOUT NOTICE TO TENANT.
(h) Tenant must pay Landlord's cost of enforcing this Lease including Iegai fees, whether or not suit is begun,
as additional rent.
t5. VACATING LEASED UNIT
Tenant must notify Landiord and must return all keys to the Rental Office at the time that Tenant vacates the
Leased Unit.
76. NO WAIVER BY LANDLORD
If Landlord does not exercise any of its rights under this Lease, Landlord may still exercise these rights at a later
date. Acceptance of past due rent is not a waiver of Landlord's rights to enforce other terms under this Lease.
17. SUBORDINATION
This Lease and Tenant's rights under this Lease are subordinate (inferior) to all existing and any future financing,
loans or teases on the building or land. Among other things, this means that the new owner or mortgagee may
end this Lease if there is a foreclosure sale of the property. Tenant agrees to waive rights by permitting the buyer
at a foreclosure sale to end this Lease.
PALEASE-911/96 -Page 3 Inrtial~
./
Tenant agrees to all financing ana co sale of the Leased Unit or property subject to this Lease. Tenant authorizes
Landlord to sign any papers on behalf of Tenant which are necessary to confirm the terms of this Paragraph.
These are additional waivers of Tenant's rights.
18. RELEASE OF LANDLORD
Landlord is not responsible for any injury, property damage or loss sustained by Tenant or Tenant's guests.
Tenant agrees to release Landlord from responsibility for any damage, loss or injury caused by any other person
occupying the Property, or by Landlord or Landlord's agents or employees. Tenant agrees that this release
includes losses or damages which result from any of Tenant's acts or failure to act. All claims against Landlord for
any damage, loss or injury area expressly waived by Tenant.
19. NOTICE TO TENANT
THIS LEASE CONTAINS WAIVERS OF CONSUMER RIGHTS. TENANT WAIVES CERTAIN RIGHTS 8Y
SIGNING THIS LEASE.
20. NO JURY TRIAL
Landlord and Tenant waive and give up any right to any jury trial for any claim or matter concerning this Lease or
the Leased Unit.
21. INCORRECT INFORMATION IN APPLICATION
!f Tenant provided incorrect information in the Application, it is a breach of this Lease. Landlord may end this
Lease and/or sue Tenant for possession and/or any tosses or money damages if the Application contained
incorrect information.
22. LANDLORD EXPENSES
Tenant agrees that in addition to the annual rental stated herein, it is expressly agreed by and
between the Tenant and Landlord, that during the term of this Lease, the Tenant will upon thirty
(30) days written notice, pay any increases which occur after the commencement date of this
Lease on the cost of gas, electricity and fuel as well as any increase in real estate taxes and
other charges which may be assessed or levied against the Landlord by any Federal, State or
local authority. In no event, however, shall the total of said increases allowable to the above
named premises exceed six (6%) percent of the annual rental stated herein.
23. ADDITIONAL TERMS AND CONDITIONS
The Rules and Regulations which are attached are part of this Lease. Violation of any of the "Rules and
Regulations" is a breach of this Lease.
The Residents Acknowledgement and Addendum to Lease which are attached are part of this Lease.
24. SEPARABILITY
If one or more of the paragraphs of this Lease are determined to be invalid, the remainder of this Lease will remain
in effect.
25. LEASE CHANGES
The terms and conditions of this Lease may only be changed if in writing and signed by both Landlord and Tenant.
No oral changes or agreements are permitted.
TENANT ACKNOWLEDGES HEISHE HAS READ AND UNDERSTANDS THIS AGREEMENT AND APPROVES OF ITS
CONTENTS BY SIGNING THE FRONT TOP PORTION HEREOF.
PALEASE-9!1!96 -- Page 4 /~, ~~
Initial
RliLES AND REGULATIONS
I'hr follmving Rules and Regulations have been eslahlishrd by the Management of Camp dill I'lua Apanmems and are an addendum to
your lease agreement. Failure to comply with said Rules and Regulations may result in additional fines or Irga! action, up to and including
termination of your lease agreement.
1. RENTAL PAYMENTS
Rental payments are to be made by check. money order ur credit card only. We currently accept Visa, Mastercard and American
Express. Cash will no[ be accepted. Rent needs to he paid at the managrmem ollice during posted ooice hour by the I" of each
month. There is a rent drop box available in front of the oflicc for alter-hours convcniencc ur it can be mailed. II' mailed, it must
he received at the management office no later than the i'h of du month to avoid late Pecs. Sundays and holidays do count!
2. OCCUPENCI' & KEYS TO tiNl'f: Krsidenl(s) acknowledges they understand the apartment wttich is subject matter of said
lease may be occupied ONLY by the registered individuals on said lease. Keys are to t,e given In these individuals only. They
must be returned at the time of movo-out. (There will be a Ire of $75.00 if keys arc not returned.)
3. MAINTENANCE. REQUESTS
Maintenance requests are [o he made direc0y [o the management office during normal posted business hours. Maintenance hours
are weekdays liom 9:30 am. u, 5:00 p. m. Requests cannot be fulfilled if pets arc left unattended. In case of an after-hours
emergency, call the ansvering service at 1,866.678J944 anJ a maintenance technician will be paged immediately. Alter hour
emergencies include: Tire, flood. electrical shortage. gas smell, sewer backups, no heat, no air conditioning or water leakage.
4. LOCKS AND LOCK OUTS
Resident is prohibited from adding. changing ur in any way altering lucks on exterior or interior doors. Keys are provided upon
move-in. I f you get locked out during regular business hours, pleacc come to the ulTice and management will ba happy nt let you
into your home. If you get lucked out after normal business hours. I'I~ase call 1.866.678.7944 some one tiom our maintenance
dcpartnent will come out to Ict you in. Thrrr is a Lock out fee ul' $20.00 that will t,c charged to your account. You must be
listed nn the have to gain access.
5. LEAKS AND DR-PS
Leaks and drips need to he tailed into fhr uliice as won as they arc noticed in order to avoid func~r or continued danage. You
will he held responsible life damage caused by water that is not reported.
6. PLUMBING
A charge will be assessed for clogged drnins if hnpn,pcr usage has been determined. i)u not put anything down the toilet other
than toilet tissue. llrains for sinks. tubs and toilets must he kept free :md clear of litreign materials.
7. ALTERATIONS
Painting. wallpapering and stenciling of your apartment is allowrod. Vou will be responsible for returning walls to original
condition at move out. Any other atteralions must have written permission liom Management.
8. TEMPERATURk; SE'1'TINCS
In the colder weather, be sure to set your heat no lower than GZ degrees. If you are not going to be home for any extended period
of time, set your heat at 62 degrees. 'Phis a to prevent any pipes from 1}erring and bursting.
.Nc units- you should clean your filtcn on a monthly bads. This will help keep the unit running efficiently for you and keep the
unit lh,m tiecring.
9. MOVE-(N INSPECTION FORMS
Inspection forms arc due back to the management oflice veithin 4R hours ai'tcr move-in. We will not assume any liability for the
condition of the apartment at your move-in after that time.
10. BARBECUE GRILLS
Gas Brills arc permitted ONLY if coo hate ^ polio or balum, . You must hate ^ tier extineui.~her ,eithin reach ul'grill.
kcsidcnu mist co,er their trill. witli trill axrr,. tarp. w ill nut hr accepurhlc. Fur Residents without patio;"r<domies we ha,c .+
grill area located ai the pool.
1 L SATELLITE DISHES AND ANTENNAS
NO satclfitc dishes or antennas are allowed without the written permission oC Management and prior to execution of a Satellite
Addendum whicfi is to fx' accompanied by proof of kenter's lrtsurance ($300A(>U.00). satclfitc dishes, radius, TV and CB
antennas cannot he placed on or erected on the n»f, exterior of fhr building. railings, balconies or any common area.
12. "1'ELEPHONE,CABLEA!VDlORSA"fF,LLITE HOOK-UPS
Additional drilling. cutting or boring for w~ires is not permitted without written permission from Management.
13. WATER BEDS
Waterbeds arc allowed un l u @uur apanmcnts and must have Renters insurance with a waterbed rider.
14. F.NTRANCFS, ~L'ALKS AND LAWNS
Y he ptacin_ or shrrage ul sleds. habc e:uriage>. ,unllers. hah} pen,. lusts Iwniturr. bie}cle~ and other articles at enlrmcc and
upon front walk, or lawn: is prohihited. Common areas shall not be obstmc[ed or used file any purpose other than their intended
purpose. ltcros blocking such arras will br mnfiscatcd without notice and a charge assessed.
Residents are prohihited Gom hanging clotheslines un fhr properly.
Residents arc not permitted to liner on any grounds of the community (i.c. vash, cigarette butts or pct waste). All residents are
responsible tiv cleaning up after themselves. guests and/or their pets. Cigarette cans are not permitted on the front porches.
l5. BALCONIES OR PATIOS
All balconies or patios must be kept clean, orderly and clear of storage items. Hanging clothes, garments or rags over railing of
balconies or patios wilt not be permitted. The onl}' items allowed arc patio furniture, plants, and flower boxes & bicycles.
Inspections will he at [he discretion of [he management (cant.
I6. DUMPSTERS
Dumpsters arc located conveniently throughout the properly. Please be sure Ihat your trash is placed in plastic bags and securcl}•
tied before placing it in the dumpster. DO NOT SEl' lT2AS1I OUT'SIf)E OF Tf IE UUMPSTER. Boxes nmst be broken down
before putting them in the dwnpstrr. Recycables must be put in fhr recycling bins provided, per Borough Ordinances.
Household items MUST lit in the dumpsite NOT Irq on the ground surrounding area. Any questions on large items, call the
otTice.
UTILITY ADDENDUM: RESIDENTS FINANCIAL RESPONSIBILITt' FOR UTILITIES
This dde(~dum (the "Utility Addendum") shall become part of the rental agreement (the "Lease") dated
I 1 ' ,between Camo Hilt Plaza Partners. LP ("Management") and
1 S \ ct~: f\ 7C ("Realdent"), of Unft Number S i > 2 "7
1. Amendment. Paragraph(s) 3 of the Lease is/are
amended by this Utility Addendum. In the event of any
inconsistencies between this addendum and the lease, the
terms and conditions of this addendum shatl prevail.
2. Placing Utilities under Resident Account Resident
agrees that as of Resident's move in date, Resident will
have placed electrical and/or gas service in Resident's
name for such service as maybe provided directly by the
utilty provider to Resident. In the event that Resident fails
to establish an account effective as of Resident's move in
date, Management may, in addition to other remedies
available under law, reserves the right to select the gas or
electric provider.
Utilities Not under Resident's Account. Utility bills for
those utility services to be paid by Resident pursuant to this
Addendum that are not established directly between the
Resident and the utility provider, will be issued by National
Water 8 Power (the °Billing Company'), a billing provider
engaged by Management to provide billing services to its
residents. Resident acknowledges chat the Billing
Company is not the utility provider. Such utility bills from the
Billing Company (the "Utility Bills") generally will be issued
separate and apart from any invoice or bill for rent, and are
to be paid in addition to the base rent.
4. WaterfSewer Service. Water/Sewer service for Resident's
unit will be paid as indicated below:
^ By Resident, wish the waterlsewer bills being billed to
Management by the utility provider and then allocated to
Resident and sent to Resident by the Billing Company
based on the following formula:
^ Allocation based on a ratio number of bedrooms in
Resident's apartment unit. Ratio Is as follows:
One Bedroom = 1.6
Two Bedroom = 2.8
Three Bedroom = 4
5. Trash. Trash Collection service for Resident's unit will be
paid as indicated below:
^ By Resident, with the trash collection service bills being
billed to Management by the trash collection services
provider and then allocated to Resident and sent to
Resident by the Billing Company based on the following
formula:
^ Flat Feo of $5.00
6. Gas Service, Heating of Water Service, Space Heating,
or Similar Service. Gas, heating of water, space heating,
or similar service associated with Resident's unit will be paid
as indicated below (more than one box may be checked).
^ By Resident, with gas bills being bitted to Management by
the utility provider and then allocated to Resident and
sent to Resident by the Billing Company. Such gas bills
are related to heating water in central boiler systems,
usage in central furnace systems for space heating, or
usage in other similar central systems that serve
resident's unit. Such billing will be based on the following
formula;
~~ Sub-metering of Resident's gas usage (heat);
^ Allocation based on the square footage of
Resident's apartment unit; (hot water and cooking)
Resident acknowledges that bills sent to Resident for gas
service by the Silting Provider, are in addition to any bills
Resident may receive horn br:al gas providers for service(s)
provided directly to Resident's unit.
Electric. Electric service associated with Resident's unit will
be paid as indicated below (more than one box may be
checked):
^ By Resident directly to the utility service provider;
Resident acknowledges that bills sent to Resident for
elecric service by the Billing Provider, are in addition to any
bills Resident may receive from local electric providers for
service(s) provided directly to Resident's unit.
S. Billing Methodology Disclosure. By initialing below,
Resident acknowledges receiving and reviewing the
attached Billing Methodology Disclosure further describing
the manner in which the utility charges set forth in Sections
4 tfirough 7 to be paid by the Resident will be determined,
allocated and billed to Resident. Resident Initials:
9. Common Area; Estimated Billing. Prior to any
calculation of usage for Resident described in Sections 4
through 7, Management may deduct from the iota) usage,
an estimate for all or a portion of those services used in or
consumed by the common areas. Any such deducted
amounts for common areas are only an estimate and
Management may, and reserves the right to, bill Resident
for a portion of those services used in or consumed by the
common areas. After these deductions are made, the
remaining amounts will then be allocated to Residents.
Utility Bills generally will be issued on a monthly basis, and
may be an allocation of the prior month's bills, multiple
months' bills if not yet billed, or an allocation of a rotlrng
average of multiple months' prior bills. In the event Resident
takes possession of the unit on a day other then the first day
of the month, the utility bill for that month will be pro-rated,
based upon the number of days Resident actually occupies
the unit. Resident acknowledges that all utility related
charges assessed to owner may be used to calculate
the amount charged to Resident. Owner and Resident
agree that the exact amount of each utility consumed
by the Resident (or in the Resident's unit) that is billed
to Resident by the Billing Company and the exact
amount of the same type of utility used in the common
areas cannot be determined precisely, and that the
allocation formulas described herein are reasonable
estimates of such usage by the Resident and In such
common areas. Resident acknowledges that under the
billing methods described herein, because it is an
estimated allocation, Resident may be paying for utility
usage in common areas or apartment units of other
residents.
Resident Initials: ~,1~_
10. Final Bill. Upon vacating, a final bill ("Express Bill's will be
issued by either the Billing Company or Management. The
cut-oB date for this bill will be the date that Resident is
scheduled to surrender possession of the unit to
Management, or the date resident vacates, whichever is
later. The Express Bill will be estimated based upon the
average of Resident's three (3) most recent Utility Silts.
11. Fees. Resident agrees to pay the 5.00 monthly
administrative fees charged by the Billing Company to cover
costs incurred in connection with maintenance of Resident's
account and sending bills, which may be added to
Resident's utility bill as additional rent:
Resident acknowledges that these fees are subject to
change and may be increased from time to time by Billing
Company upon advance notice to Resident by the Billing
Company or Management.
12. Changes to Billing Program. Resident acknowledges that
Management may do the following on 30 days notice: 1)
Change the billing methodology used to calculate Utility Bills
and 2) For any items checked in Sections 4 through 7 as
paid "By Management," begin billing Resident for such
service(s) and related fees. In addition, for those items in
Sections 4 through 7 above checked as paid "By Resident,"
but not billed to Resident at the outset of the Resident's
Lease, Management may begin billing Resident for such
service(s) and related fees al anytime without further notice.
13. Due Date. Utility bills are generally due and payable upon
receipt unless otherwise stated on the Resident's Utility Bill.
To avoid a late charge, Resident's payment must be
received by Bitting Company no later than the due dale
stated on the Utility BiII. If Resident does not pay the Utility
Bill by the due date stated on the Utility Bill, a late fee may
be added and Management may be notified of the
delinquency.
14. Failure to Pay. Resident acknowledges that Utility Bitls are
considered additional rent, and any non-payment of Utility
Bills will allow Management to utilize any and all remedies
available to it under the Eerms of the rental agreement, as if
those sums due in the Utility Bills were rent. Failure to pay
Utility Bills are a material and substantial breach of the
rental agreement and such breach shall entitle Management
to exercise all remedies available under the lease and
applicable state Law.
15. Delinquent Accounts. In the event the utility bill has not
been paid within thirty-five (35) days of the date of mailing or
hand delivery, Billing Company may transfer the unpaid
balance to Management. Management in addition to any
other remedy available under contract or slate law, shall, to
the extent not prohibited by applicable law, be entitled to use
Resident's security deposit to recover unpaid Utility Bills and
Resident may be required to replenish their security deposit
should this event occur.
16. Deduction from Security Deposit. Resident
acknowledges and agrees that any unpaid utility bill,
together with the amount of the Express Bill, may be
deducted from the security deposit, as additional rent, at the
termination of the rental agreement.
17. Severabillty. In the event any provision of Phis Utility
Addendum is held to be invalid by a court or other tribunal of
competent jurisdiction under any applicable statute or rule of
law, such provision shall be limited or eliminated to the
minimum extent necessary so that this Utility Addendum
shall otherwise remain in full force and effect. The
remainder of the Utility Addendum shall be valid and
enforceable to the maximum extent possible.
-N WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year written below
Date of This Addendum:_____-T~-~~--~ ~; , 20_?_
Management: `-- - ~"'~
~ _
,~
Resident: a :r t] ~ ~i{~ Resident:
t
MORGAN
PROPERTIES
LEASE ADDENDUM ON MOLD
To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the ~
following:
1. MOISTURE ACCUMULATION. Resident shall remove any visible moisture accumulation in or on
the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up
spills and thoroughly dry affected areas as soon as possible after occurrence; use exhaust fans in
kitchen and bathroom when necessary; and keep climate and moisture in the Leased Premises at
reasonable levels.
2. APARTMENT CLEANLINESS. Resident shall clean and dust the, Lease Premises regularly, and
shall keep the Leased Premises, particularly kitchen and bath, clean. i
3. NOTIFICATION OF MANAGEMENT. Resident shall promptly notify management in writing of the j
presence of the following conditions:
(i.) A water leak, excessive moisture, or standing water inside the Leased Premises;
(ii.) A water leak, excessive moisture, or standing water in any community common
area;
(iii.) Mold growth in or on the Leased Premises that persists after resident has tried
several times to remove it with household cleaning solution, such as Lysol or
Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of ~
water and bleach;
(iv.) A malfunction in any part of the heating, air-conditioning, or ventilation system in
the Leased Premises.
4. LIABILITY. Resident shall be liable to Owner for damages sustained to the Leased Premises or
to Resident's person or property as a result of Resident's failure to comply with the terms of this
Addendum.
5. VIOLATION OF ADDENDUM. Violation of this Addendum shall be deemed a material violation
under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies it
possesses against Resident at law or in equity. Owner also has alt other rights and remedies set
forth in the Lease Contract including damages, eviction, and attorney fees to the extent allowed by
law. I
6. ADDENDUM SUPERSEDES LEASE. Incase of a conflict between the provisions of this
Addendum and any other provisions of the Lease, the provisions of the Addendum shall govern.
This LEASE ADDENDUM ON MOLD is incorporated into the lease executed or renewed on
between Owner and Resident.
~---
RESIDENT SIGNATURE "'t+~ ~Y • ~~>tt.-~~' `--J DATE ~ - - 1 ~
RESIDENT SIGNATURE DATE~'~
PROPERTY MANAGrrER'S SIGNATURE=~~ _.. _ !.-' ~
DATE ~ "~ I L~" [ ` l
--s
t ~
RE: CAMP HILL PLAZA APARTMENTS
1 Z 1 November Dr
CAMP HILL, PA 17011
Disclosure of Information On Lead-Based Paint and Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may cavtain lead-based paint. Lear{fram paint, pairu chips, and dust can pose
health hazards if not taken care aJproperiy. Lead exposure is especially harneful to young children and
pregnant wa»ert. before renting pre-1978 horsing landlords must disclose the presence of lutowra fead-
based paint and lead-based paint hazards in the dwelling. Tenants [Hutt also receive a Federally approved
pamphlet on lead poisoning prevemion
Lessor's Disclosure (htitial)
PFD (a) Presence of lead-based paint or lead-based paint hazards (check one below):
D Known lead-based paint andlor lead-based paint hazards are present in the housing (explain)
x^ Lessor has no lmowledge of lead-based paint andlor paint hazards in the housing.
PFD (b) Records and reports available to the lessor (check one below)
O Lessor has provided the lessee wiUt all available records and reports pertaining to lead-based paint and,'or
lead-based paint hazards hi the housing which include:
~ Lessor has no reports or records pertaining to lead-based paint and,ror Icad-based paint hazards in die
housing.
Lessee's Acknowledgment (initial)
~-'` (c) Lessee has received copies of all imfonnation listed above
• ~~ ' (d) Lessee has received ilte pamphlet protect four Fmnilr from Lead in )'an~ Home
~--- - - -
PFD (e) Agent has h~fonned the lessor of the lessor's obligations under 42 U.S.C. 4582(d) and is aware of his/her
responsibility to ensure compliance.
Certification of Accuracy
The followutg parties have reviewed the information above and certify, to the best of their Imowledge, that the information
pttivid by the signatory ' acid accu e.
1
se~ _ Lessee
ph, ,. p.., zia .-:na. ~* s.. _ pw+r+~ r • tsor-trwcw
Lessor j t~' ~_ 1. (r , , ~p "~ Agent
tC(,,. -.. ~/1"...tom LL( ` L L/4 ~_.._-.
J.~~
' s
FITNESS CENTER ADDENDUM
NUMBER OF KEY CAR S ISSUED:
s, KEY CARD ID 1~~ro
This addendum is here by made a part of the Apartment Lease tween The Camp Hill Plaza Apartrnents and the
Resident(s) residing at said address of 3~j- ~ '~ ,~ Z ~r ~_.>'
WITNESSED
Whereas, Resident(s) recognizes that certain equipment, commonly used for exercising, and an area for its
use (hereafter collectively referred to as the Fitness Center) has been made available by Owner to the
Resident(s) and that both parties agree as follows:
1. ADULT SUPERVISION: For health and safety reasons, PERSONS UNDER THE AGE OF 18
MUST BE ACCOMPANIED BY A PARENT, GUARDIAN, OR LEGAL CUSTOD-AN, OR
SOMEONE WHO IS AUTHORIZED BY A PARENT, GUARDIAN, OR LEGAL CUSTODIAN to
supervise such person(s).
2. GUESTS: Resident(s) shall not permit any guests of Resident(s) to use the Fitness Center,
unless Resident accompanies such guests. One guest per resident will be permitted.
3. PRUDENT USE: Resident(s) agrees to use the Fitness Center in a prudent manner, one that is
consistent with the use of a Fitness Center, is not offensive or dangerous to a Resident or any
users of the Fitness Center, and is in compliance with such policies as shall be established by
Owner in connection with the operation of the Fitness Center. Owner reserves the right to prohibit
use of the Fitness Center to any individual that Owner, in its sole judgment, believes has failed to
comply with any of the provisions of this addendum.
~!
4. RIGHT TO DISCONTINUE USE: Residents} recognizes that owner provides the Fitness Center
for Resident(s) use only as an incidental service to Resident(s) in connection with Resident(s)
leasing of the Apartment, and Owner shall have the right to discontinue providing the Fitness
Center at any time and for any reason.
=`~~ 5. NO SUPERVISION: Resident(s) understands that no attendants or supervision of any kind will be
provided for the Fitness Center.
~;
6. NO WARRANTIES: Resident(s) understands that Owner makes no representation the Owner's
representatives have any expertise in the operation of the Fitness Center and that Owner makes
no representations or warranties express or implied, that the Fitness Center is fit for any particular
purpose. Owner disclaims, excludes, and denies all warranties, express or implied, as to the
physical condition and operation of the Fitness Center.
7. USE AT OWN RISK: RESIDENT(S)-EXPRESSLY AGREES THAT USE OF THE FITNESS
CENTER BY RESIDENT(S), RESIDENT(S) GUESTS AND OCCUPANTS, AND PERSONS
_ _ _. __ _
{ ` '-_
PRESENT WITH RESIDENT(S) KNOWLEDGE AND CONSENT, SHALL BE WHOLLY AT
RESIDENT(S) OWN RISK.
8. RELEASE: For and in consideration of the foregoing, Resident(s) agrees to release, hold
harmless, and indemnify Owner and Owner's representative from and against any and all claims,
demands, costs, expenses {including attorney tees}, and causes of action arising out of or in any
manner relating to any personal or property damage, death, injury, or loss suffered from or
sustained by Resident(s) or Resident(s) guests, occupants, or persons present with Resident(s)
knowledge and consent, on account of any use of the Fitness Center, other than from Owner's
gross negligence or willful misconduct, or that of Owner s representatives. Resident(s) expressly
acknowledges and agrees that the foregoing release, hold harmless, and indemnification includes,
but is not limited to, such claims, demands, costs, expenses, and causes of action arising from or
relating to the negligence of Owner ur Owner's representatives.
9. NO ALCOHOLIC BEVERAGES WILL BE PERMITTED IN THE FITNESS CENTER.
10. KEY CARD: RESIDENT(S) AGREES THAT THE KEY CARD 1S FOR THEIR EXPRESS USE
ONLY. THE CARD IS NOT TO BE LOANED OUT TO ANYONE UNDER ANY
CIRCUMSTANCES.
RESIDENT(S) AGREES TO REIMBURSE THE CAMP HILL PLAZA APARTMENTS A CHARGE
OF $50.00 PER C'/1RD IF THE CARD IS LOST, STOLEN OR RENDERED USELESS DUE TO
DAMAGE.
RESIDENTS} SIGNATURES:
L- ~`-
ate
~ ~. - t;~~
Ca e
Camp Hill Plaza Date
EXHIBIT B
Camp Hill Plaza :na; aoo iss ;,m
121 November Drive
lamp Hrll, PA. 1701.;
~ ~
TO:James Blount, Leola Massonb::rg
3527 September Or fk3
Camp Hi]:, PA. 1701!
535273
Apartment:535273
Camp Hl!1 Plaza Apartments would like to thank yo:: for making ycur home with us during the past year.
Your residency has contributed to making our community an euCstanding place to live. We look forward to
raving you wich 'as for another year. 1
Your prose r.t 'i ease expires on: 09%31/2009
Effective 09/01/2009 and extending tY.rough 09/3i/2010 the row re r.t ai amount shall be in the amount of
51,090.00. This new rental. amount is corditi.aned upon you, the resident, accepting the responsibility of
paying for your monthly.
Pease sign in ;: he appropriare section below. It is intended that th_s agreement be attached co and
become part cf the above mentioned lease. All terms and conditions, except as modified be:.ow, shall
cont True .
If tiro annve lease term does not serve your current needs please cal': or stop into tae leasing off'_ce to
discuss our many other lease options and alternatives.
Please note r.h at your lease renews AUTOMATICALLY for one year, as amended, unless written notice to
vacate is received by: July 03, 2009.
RENEWAL TERMS: 12 MCNT.HS RENEWAL
MONTHLY RENT: $'_,090.00
REVISED EXPIRATION DATE: Oy/31/2010
rf.EAS F. RETURN ONE COPY OF' THE RENEWAL 8Y: July D3, 2009.
I/We would :.Ike to renew my/cur lease for the upcoming year. Lease renewal acreed to ar:d accepted by:
Resident:
Resident:
Apartment Address: 352'7 September Dr #3
Camp Eill, PA. 17011
Date:
1/we will NCT be reaewirg my lease. Please accept this as my/our 60 day notice. Please insure that a
staff member sans & gives you a copy as proof of proper notice received for your records.
Resident: Resident:
S i..^,c erel y,
Camp Hill Plaza Apartments
Vacating Date: Phone: H
Reason for vacar_ing:
W
Date:
{ ," !'
EXHIBIT C
r
Camp Aill Plaza Apartments
121 No~~ember ,^.rive
Camp Hill PA 17011
11/9/2009
To: James Blount
Unit: S35273
RB: Late Fee Assessed
As stated in your lease contract rent and related charges are
due on or before the first day of the month and are considered
late on the 6th day of the month. According to our records your
full monthly rent was not paid by the 5-'' of the month and the
following charges are now due:
Late charge: $ 109.00
This amount along with ary outstanding rent balance is due in ot;r
office Immediately. if your rent and associated charges are not
paid in full by the 10`r of the month we will have no alternative
but to beoin legal proceedings. All associated legal fees and
court costs will be assessed to your account.
if for any reason you :,elieve our records are in error, please
contact the management office directly so we can review your
accaunt in further detail.
SiSincerely,
Property Ma er
cof~~;,;23,;L2~.;~i~ ~rcivnlSYtvhA1~ F'~;L! ?LRZA
QO~a'N'~Y OF: CUMRERI_AND
Mag151eriel D18trict NurltDer:
091-02
Diztrlct Ju.-qce Name; Mon.
Ron Horner
Aaareea: 1904 State Street
Camp Hill, Pa 17011-0000
TAI®pnone: (717)761-0583
~->Zi~ ~f~ ~O ~6
;~
No~831° P• 2
. aNDLORD AND
TENANT COMPLAINT
PLAINTIFF: NAME antl ADDRESS
~ Camp Hiil Plaza Apts ~
121 November Dr
Camp Hill, Pa 17011
~ VS. ~
DE~EDIDANT: NAMe anc ADDRESS
James Sount and Leola Massonburg
3527 September Drive Apt # 3
Camp Hili, Pa 17011
~ ~
Docket No.: t..,.) ` 7/(~~ U~
/ / t~+-.
Date Filed: f l j (~ ~~
TO THE DEFENDANT: The above named plaintiffs} asks AMOUNT DATE PAID
judgment together with costs against you for the L.
possession of real property for: Films costs $ ~~~ ~ 1
service Costs $ ! / /
Lease is ®Residential ^ Nonresidential. Total $ / /~ ~ % C.~ / /
^ Damages for injury to the real property, to wit: ~
in the amount ofi $ $
^ Damages for the unjust detention of the reai property in the amount of g
Rent remaining due and unpaid on filing date in the amount of ~ 1592.54
And additional rent remaining due and unpaid on hearing date g
Total: $ 1592.54
THE PLAINTIFF FURTHER ALLEGES THAT:
1. The location and address, if any, of the real property is 3527 September Drive Apt # 3
2. The plaintiff is the landlord of that property.
3. He leased or rented the property to you or to under whom you claim.
4, ^ Notice to quit was given in accordance with law, or
® No notice is required under the terms of the 4ease.
5. ^ T'he term for which the property was leased or rented is fully ended, or
^ A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit:
{~ Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
I,Andrew J Kaehler verify that the facts set forth in this complaint are true and
correct to the best of my knowledge, information and belief, This statement is made_ssubje~et to the penalt~of~S%ecti~on 4904
of the Crimes Code (18 PA. C.S. 3 4904) relating to unsworn falsification to ~~ s_~ (_.~~c-°'J~~~--~.
~~ (/ Signature of Plaintiff)
( )
(Plaintiff's Attorney) (Address) (Phone)
iF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU WAVE A CLAIM against the plaintiff arising out of the occupancy of
the premises, which '~s in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office
9EFORE THE TIME set for Che hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgmenf for possession and costs, and for damages and r®nt if
claimed, may nevertheles4 hP PmRrAd ~r,ai~st ~~^~~ ^ ^ d5w.°~' ---' ist you for possession may result in your EVICTION from the premises. If you are
di:R e c e I v e d T i m e-sD a c. 2 3. ~I12 D D 9:0 3 :19 P Mn~N o,_d ~ 8 ljlstriet office at the address above,
~,OPC 310A (12-i-981
COHEN &WILLWERTH, P.C.
ROBERT J. WILLWERTH, ESQUIRE
Identification No. 72734
JENEL R MARRACCINI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
FlL~I}-t~i~r~~~
Attorney for Plaintiff `fir ~'~~ °~~' `~r~°~nTARY
2010 JA~~ -~ F~~ 1 ~ 2Q
CAMP HILL ASSOCIATES LLC: general partner :COURT OF COMMON PLEAS
t/dlbla CAMP HILL PLAZA PARTNERS, LP :CUMBERLAND COUNTY
c/o MORGAN PROPERTIES, INC.
121 November Drive, Suite 1
Camp Hill, PA 17011
v N0.09-8294
JAMES BLOUNT and LEOLA MASSONBURG
and all other occupants
3527 September Drive, Apartment 3
Camp Hill, PA 17011
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CERTIFICATE OF SERVICE
3ENEL R MARRACCINI, ESQUIRE, being duly sworn according to law, deposes and says that
she served a copy of the Civil Action Appeal Complaint in the above-captioned matter, by regular
First Class Mail, addressed to the Defendants, and mailed on December 23, 2009 as follows:
JAMES BLOUNT and LEOLA MASSONBURG
and all other occupants
352? September Drive, Apartment 3
Camp Hill, PA 17011
BY:
~1 & WILLWERTH, P C.
~~
.- /
R. MARRACCINI, ES
v for Plaintiff
t
COHEN &WILLWERTH, P.C.
ROBERT J. WILLWERTH, ESQUIlZE
Identification No. 72734
JENEL R. MARRACCINI, ESQUIRE
Identification No. 93457
660 Second Street Pike
Southampton, PA 18966
Telephone No. (215) 887-8100
FLcG --"R
Attorney for Plaintifif
210 J~~ ~2 G" 3~ 4
_ ,,
CU Y ~_ ~ ~ 1 4 t
1 ~- 1
CAMP HILL ASSOCIATES LLC: general partner :COURT OF COMMON PLEAS
t/d/b/a CAMP HILL PLAZA PARTNERS, LP :CUMBERLAND COUNTY
c/o MORGAN PROPERTIES, INC.
121 November Drive, Suite 1
Camp Hill, PA 17011
v N0.09-8294
JAMES BLOUNT and LEOLA MASSONBURG
and all other occupants
3527 September Drive, Apartment 3
Camp Hill, PA 17011
PRAECIPE FOR TERMINATION OF SUPERSEDERS
TO THE PROTHONOTARY:
Please terminate the supersedeas in the within action for failure of the appellant to pay
monthly rental as required by PA R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days.
To the District Justice:
Upon confirmation of failure of the appellant to deposit the monthly rent for more than
thirty (30) days, the supersedeas is terminated.
DATE: L_~a_ ao~o
' ~~ Q rs
PROTHONOT
BY: ~
PUTY
. 2. 2009 2:40PM CAMP HILL PLAZA
~UMMONWEALTH OF PENNSYLVANIA
COUNTY OF. t~ItT•,>,tn
~, ~. ~=
.. o9~1-Oa
+nw r~,K: ttor+.
ROG$R A. HS't1i~
A0d1eae~ X901 S'1'ATS 3T
CAi!~ HILL, PA
Ta9w~a: (717) 751-0583 17Q11
C~it!~- HILL PLAZA, APaRTl~IT$
a.a1 ~
SDITB 1
CAIIIP SILi+r PA 17011
Na.8167 P• 1
N~JTICE OF JUDGiIAENT/TRANSCRIPT
RESrDENTfAL LEASE
PLAINTIFF:
NAAAE and Alx~iESS
r
~
cA~ szLL rLit~ gPArs
1~ 1 ItlO~Vffi~BYi. DR
3QxTB 1
~t~Ai~ H=;,L, PA ].7011 J
' VS.
DEFENdANT: ~E aia ~~~
rBI.OHI~, JA1tIBS, ST ~I,. ~
3527 SSR~ ~l[t APT/t3T8 3
CAP HILL, PA 17011
L J
Docket No.: LT- 00004x5 -09
Date Filed: 11/16/09
THIS IS TQ NQTII=Y YOU THAT:
Judgments p~pg pr aTl~Igg
Judgment was entered for: (Name} ('AID ~. p7,A~ APAKT!®TPS
Judgment was entered against HLO~IT, JA~3 in a
LandlordfTenaint action in the amount of $ 1.705.64 on 1$/01,(09 (Date of Judgment}
The amount of rent per month, as established lyy the Magisterial District Judge, is $ 1.090 _ 00.
The total amount of the Security Deposit is $ 1, OOQ _ 00
Total amount f=stabtished b~MDJ Less -Security Deposit Applied =
92
1
54 Adjudicated gtrlounf
Rent in Arrears $ .
.5
- $ .00= $ 1, 5 54
Physical Damages Leasehold Property $ .00 - .00= $ _ .00
DamageslUnjust Detention $. _ ee - _ en- $ _ en
Less Amt Due Defendant from Crags Complaint ,- $ . 00
lrlterest (tf provided bll lease) $ _
_ en
t1T Judgment Amours $ ~ ~
~,~
1
Attachment Prohibited) Judgment Costs $ _
,
1 g
i e
42 Pa:C.S. § $127 Attorney Fees $ _
~e
This case dismissed without prejudice, Total Judgmen $ 1, 705.64
Possession granted_
S Possession granted if money judgment
Possession not granned_
Post Judgment Credits
Post Judgment Gusts
Gertltied Judgmsrlt Total
Defendants are joirttty and seYeralty liable_
IN AN ACTIOI~t iNVOLVII~a A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGKT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS
OF THE COURT OF COMyION PLEAS, CIVIL DIVFSK3N. TM1S APPEAL WILL NVCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. iN
ORDER TO OBTAN! A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT QR THE RENT ACTUALLY tN ARREARS ON THE DATE THE APPEAL 6S FlLED. HOWEVER, LOW-INCOti~£ ANDJOR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.,-_ No. tt>d8 OR it113 FOR DIFFERENT PROCEDURFS REGrARDiNG TFiiS DEPOSrf.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLY9JG A RESIDENTIAL LEASE. THE PARTY HAS
3Q DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OP APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CML DMSION_
THE PARTY FIUNG AN APPEAL MUST INCLUbE A COPY OF THIS NOTICE OF JUbGMENT/TRANSCRtPT FARM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISI_ PROVIDED IN Tt1E RULES OF Cn-IL PROCHDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COgE FROM THE COURT
OF CO6AMON RLEAS AND NO FURTHER PROCESS MAY t3E ISSUED BY THE MAGISTERIAL DISTRICT JUDGE .
UNLESS THE JUDGMENT IS ENTERED IN TILE COURT OF COMMON PLEAS, ANYONE INTERESTED'~THE JUDGIy1ENT MAY FILE
A REQUEST F+DR ENTRY OF SATISFACTION WITH TIfE MAGC&TERUL DISTRICT JUt}raE IF THE JUDGMENT D~OTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WrFH THE JUDGMENT. ,~'.`= ~ ,
4 .;1°
~~ ~~I~f.~ Date _ _ _~~~ '~~~+~."~J ' ~r `~ , J
na~~aQ~al nl~I~+ I. ~~
t~commission expires first Monday of January, Z01a - ''
A 915A-06 ~/w~`L
~, "`~'A,Tfri1"~~