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HomeMy WebLinkAbout10-0179 VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff r OF THE M TAW 2010 JAN -5 AN 11: 5 $ CLWW.Rji?p axMY PENNS-A R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON BROWNEWELL Plaintiff, V. JAMES ANTHONY CLOUD VALERIE A. CLOUD Defendants : NO. to - 17q :: ASSUMPSIT Cavil T?erw NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013- 717-249-3166 A2.00 Pb 1\7 " M-0 aA877 2T# 2 85' Ma I i VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON BROWNEWELL 337 Lincoln Street Carlisle, PA 17013 Plaintiff, NO. V. JAMES ANTHONY CLOUD 710 Hillside Drive : Carlisle, PA 17103 : Defendant, and ASSUMPSIT VALERIE A. CLOUD 1605 Wilson Drive Lancaster, PA 17603 COMPLAINT Background: 1. Plaintiff, Sharon Brownewell (`Brownewell") owns in fee the real property located at 22 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania 17013 (the "Property"). 2. The Property is a single family structure, leased for residential occupancy. 3. Defendants, James A. Cloud and Valerie A. Cloud (collectively "Cloud") are adult individuals. 4. Upon belief, Defendant James A. Cloud maintains a personal residence located at 710 Hillside Drive, Carlisle, Cumberland County, PA 17013. Upon belief, Defendant Valerie A. Cloud maintains a personal residence located at 1605 Wilson Avenue, Lancaster, Lancaster County, Pennsylvania 19603. 6. Pursuant to a written lease agreement dated May 24, 2002 ("the Lease Agreement"), Brownewell leased the Property to Cloud. A true and correct copy of the "Lease Agreement" is attached hereto and made a part hereof and marked Exhibit "A". 7. Pursuant to the Lease Agreement, the Defendant entered into possession of the Property as tenant for the term of one (1) year commencing on June 1, 2002, and terminating on May 31, 2003. The Plaintiff and Defendants renewed the Lease Agreement for the year period commencing June 1, 2004 and terminating May 31, 2005. The Lease Renewal is attached hereto as Exhibit "B." During the lease term commencing June 1, 2004, the monthly rent was Nine Hundred Fifteen ($915.00) Dollars, payable on or before the first day of each month. 9. The Lease Agreement, paragraph 1, provides that Cloud is obligated to pay a late fee of five (5%) percent of the rent unpaid and in arrears each month. COUNT I - BREACH OF CONTRACT 10. Plaintiff incorporates herein paragraphs one (1) through nine (9) inclusive as though fully set forth at length. 11. In material violation of the lease, Cloud: failed and refused to pay rents and late fees accrued during the term of the lease; permitted dogs to occupy the leasehold; 12. 13. 14. 15 and abandoned the Property in or about April 2005. Cloud owes to Brownewell the monthly rent and late charges for the period ending May 31, 2005 in the amount of Three Thousand Ten Dollars and Ten Cents ($3,010.10). See Statement attached as Exhibit "C." Despite demand, Cloud refused and continues to refuse to pay the rent and late charges of $3,010.10. Cloud materially breached the Lease Agreement by failing to satisfy when due the periodic monthly rent and late charges. Cloud caused damages and injuries to the Property necessitating repairs, all of which were in excess of reasonable wear and tear, including but not limited to: (a) repair roof damaged from satellite dishes $ 65.00 (b) heavy cleaning, repair walls, screens and Yard clean up $2,265.26 (c) replenish heating oil consumed by Cloud $ 481.62 (d) stove repairs $ 51.62 (e) Repair to woodwork, blinds and replace light covers $1,587.25 (f) remove trash - exterior $ 48.75 (g) repair door and kitchen cabinets $ 835.88 (h) replace carpeting, paint front door, replace hose bib $1,589.42 (f) access house abandoned $ 81.25 TOTAL $7,006.05 Invoices for the damages in excess of reasonable wear and tear are attached as Exhibit «C 16. Despite demand, the Cloud refuses to satisfy the cost of repairs for damages to the Property in excess of reasonable wear and tear. 17 18 19. 20. 21. 22. Cloud materially breached the Lease Agreement by failing to satisfy when due the charges for repairs for damage to the Property in excess of reasonable wear and tear. Cloud did not return keys to the Property or provide Brownewell with a forwarding address. Defendant James A. Cloud acknowledged the above indebtedness to Plaintiff and entered into a settlement agreement which provided that he will make periodic payments of $50.00 and $100.00 commencing February 24, 2006. A copy of the settlement agreement is attached hereto as Exhibit "D." Pursuant to the settlement agreement (Exhibit "D"), Defendant Cloud made the following payments: (a) 3.13.06 $50.00 (b) 10.06.06 $50.00 (c) 10.2.06 $40.00 (d) 11.30.06 $75.00 The Defendants are indebted to Plaintiff as follows: (a) Rents and late fees $3,010.10 (b) Damages $7,006.05 (c) Less payments ($215.00) Total due and owing $9,801.15 The Defendants Cloud materially defaulted on their settlement agreement to make periodic payments on their open account. Despite demand, they refuse and continue to refuse to satisfy the amount owed Plaintiff on account of their tenant occupancy of the Property. 4 23. The Defendants, Cloud, owe the statutory rate of interest of six (6%) percent on the accrued amount due and owing. Each day commencing from 12.01.06 the Defendants accrue interest of $1.61. WHEREFORE, Plaintiff, Sharon Brownewell, prays your Honorable Court to enter judgment for damages in the amount not less than $9,801.15, and interest at the highest rate allowed by law, together with reasonable attorneys fees as may be just and proper. LEE A. STIVALE, ESQUIRE Attorney for Plaintiff. 5 STERLING PROPERTY MANAGEMENT, Inc. 21 S. Pitt Street Suite # 1 CARLISLE, PA 17013 (717)258-5800 RESIDENTIAL LEASE AGREEMENT Revised 11/2001 Today's Date: jV 0) Landlord: S#mo-q ?j owNeut?GL 1-1 4 '/ Tenant(s): ) In T ij'1 i Rwq Ad VAd-r,),e 441V Ce CCU o Property or Premises: _dd_ l1I_00?? Z)OIN JAV0 440 This lease is a legal binding document. Both the landlord and tenant(s) are responsible for following the terms spelled out in this lease. If you do not understand anything written in this lease, please consult an attorney's opinion before signing it Pennsylvania Law requires real estate brokers and salespersons (licenses) to advise consumers of the business relationships permitted by the Real Estate Licensing and Registration Act The Tenant(s) acknowledge receipt of said Consumer Notice as adopted by the State Real Estate o mission at 49 Pa. Code Subsection 35.366. Initials 1740 0 N( . 1) ?E ` TH OF THE LEASE: This lease is dJ,.* LI,14, in length and will begin on tlrJe 1 DO and will end a midnight on ?n0 This lease will not r ew itself. The tenant(s) and landlord must sign anew ent by the end of this lease to allow the tenants to continue to live at the above listed property, otherwise the tenant(s) must give a 60 day notice IN WRITING that they intend on vacating the property. If the tenant(s) remain(s) without signing a new lease, the rental rate for the holdover period will be the actual rental rate plus 25% monthly. All other conditions of the lease will remain in effect, including the required 60 day notice to vacate. 2) RENTS DUE: The amount of rent due in monthly installments is $V46 dfV g !2 by v V ----dollars (s (,t?) per month for a total of tie (J ) mon The total amount due for the term of the lease is Tbr> +A1c iA?? en) b HT *UN?262--? 10 °J1oy dollars ($1r). Tenant(s) agree to pay the monthly rent before the first day of every month. If the total rent due from all tenants is received between the first (1 st) day of the month and the fifth (5th) day of the month, a late rent charge of five percent (5 %) of the monthly rent will be added. This amount equals -FD T V:? dollars ($ Ll c77 }. If the total rent due from all tenants is received afte the fifth day of the month, another late rent charge of five percent (5 %) of the monthly rent will be added. This amount equals ? j2.i 1 f i f & tars ($ qT- y 0 ) If any payment by check is returned NSF (' fficient funds), a thirty dollar ($30.00) return check charge will be added Initials: v ?v Date: A/a.,/? nom/ f r7 ! _ Page 2 along with any late charges caused by the return check. The landlord will also require the rent along with any other fees due be paid with certified funds--i.e. money order or cashier's check. All tenants are responsible for payment of the full amount of the rent. In addition, a notice demanding either payment of late rent plus any other fees or moving from the premises may be sent after the fifth (5) day for nonpayment of the rent. A court action to remove tenant(s) for nonpayment of rent may be started on or after the fifteenth (15') day. SPECIAL NOTE: If the late rent, late rent charge, and any funds associated with a check returned for insufficient funds are paid on or before the fourteenth (14th) day after the rent is due, the Landlord will not take court action to remove the tenant(s) because of this NSF (insufficient funds) check. 3) SECURITY DEPOSIT: Tenant(s) agree to pay the landlord a security deposit of NJ/V' t?UW.wJ b BUD dollars ($-30 paid by _to be held in a separate escrow account at Commerce Bank. The Account number is 616118363. Tenant(s) agree and understand that landlord does not pay interest on security deposits. Tenant(s) also agree and understand that the security deposit may not be used for rent or any other money due to the landlord including the last month's rent. The landlord will hold the deposit for the following reasons: • Payment for damages caused by the tenant(s), tenant(s) family, or the tenant(s) visitors. • Payment of any other sum due to landlord-late fees, court costs, and / or unpaid rent. Landlord will return the deposit within thirty (30) days of the end of the lease minus any unpaid fees only after the following occur (this means that the thirty day period does not begin until the following things occur): • Tenant(s) leave the property in the original condition in which they found it, allowing for reasonable wear and tear. • Tenant(s) remove all personal property. • Tenant(s) return all keys within 24 hours of vacating the premises-if not done, the locks will be replaced and the cost deducted from the deposit. • Tenant(s) give a forwarding street address including phone number, in writing, to the landlord before moving out of the premises. The security deposit return check will be made payable to all persons signing the lease unless previously agreed upon in writing by both landlord and tenant(s). Again, tenant(s) agree and understand that landlord does not pay interest on security deposits. 4) NUMBER OF TENANT(S): No more than C1_I t"' ?CJ people will be allowed to live in the leased property. These people are named as follows: ER > c. , A) Q d AW19136eJ CZ040 Any person not listed on this rental agreement will cause the allowed residents to have to pay an additional one hundred ($100.00) dollars per person per month for each full or partial month the nonresident is staying at the premises. The payment of this fee does not allow extra tenant(s) to be added to the lease. 5) OCCUPANCY AND POSSESSION: Tenant(s) agree that if the property is not ready for them to occupy because a previous tenant has not moved out or did extensive damage, the lease stays in effect and the landlord will not start charging rent until the premises is ready for tenant(s) to move in. Tenant(s) will not hold the Landlord responsible for any damages tenant may incur because tenant(s) could not move in until after the lease was to begin. If the premises is not ready to occupy within the first sixty (60) days of the lease, the lease, at the option of the tenant(s), may become null and void. In this case, tenant(s) will have all security deposits refunded to them. If the property is available and tenant(s) do not take Initials: V Date: .f Zy?Z Page 3 J possession of the property within one (1) week by paying the full amount of the rent owed for the first month, it is understood that the tenant(s) have canceled their right to move in and the landlord may keep all monies paid by tenant(s) in advance. In this case, the tenant(s) must also pay rent for the days the premises stays empty. The tenant(s) will also be responsible to pay for all reasonable advertising costs and any reasonable leasing fees incurred to release the property. Yes No If the landlord is making improvements to the property which do not make the property unl' ble, tenant agrees to allow the landlord access to the property for these improvements and agree that there will be no reduction in the amount of the rent during this time. The improvements that the landlord intends to make include the following items: The landlord agrees that every effort will be made to make these improvements. The tenant(s) agree and understand that the landlord is under no obligation to make these improvements unless they are specifically agreed to here. 6) TRANSFER OF LEASE (SUBLETTING): Tenant(s) agree not to reassign this lease or sublet the residence. You will be breaking this agreement if you do so. If you would like to sublease or change the individuals on the lease, you must contact the landlord, and all decisions about changing the lease are up to the landlord only. 7) USE AND CARE OF PROPERTY: (a) LANDLORD AGREES TO THE FOLLOWING: Landlord will keep the property and common areas in reasonable condition as required by law. Landlord will also keep the property reasonably free of pest, rodents and insects. This does not apply to single-family dwellings. If continued service is needed to remove pests rodents and insects because the tenant does not keep the property in a reasonably clean condition, tenant(s) agrees to pay for the cost to remove the pests, rodents and/or insects. (b) TENANT(S) AGREE TO THE FOLLOWING: Tenant(s) can only use the property as their primary place of residence for them and/or their children. Tenant(s) may not use the property as a place of business without the written permission of the landlord. In addition, tenant(s) cannot use the property for a fraternity or sorority house without the written consent of the landlord. Tenant(s) may not make any changes or additions to the premises without the written permission of the landlord (this includes painting, changing locks, attaching exterior signs, etc.). Tenant(s) may not damage the physical structure or any appliance within the property. DO NOT CLEAN REFRIGERATOR FREEZERS WITH ICE PICKS!! If damages occur, tenant(s) agree to pay for all damages to any area of the residence or building made by themselves, their family, their visitors, and anyone damaging the property. Tenant(s) agree not to disturb other residents or neighbors of the property. 8) APPLIANCES: Tenant(s) understand that the appliances are the property of the landlord. tenant(s) agree that they are not permitted to remove any appliance from the property. If the tenant(s) removes any appliance, they will be prosecuted to the full extent of the law. The following appliances which are the property of the landlord are presently in the Dronertv: APPLIANCE MAKE & MODEL SERIAL NUMBER Refrigerator ._R4! %e 1J Microwave c?c /1Q b Dishwasher ` Pat / (Other) Initials: V Date: ,5 =ZL?-? Page 4 9) UTILITIES: Landlord and tenant(s) are responsible to pay the following utility bills and maintenance for the residence as marked with an "x" in the blank: UTILITY SERVICE LANDLORD TENANT(3 Heat to be paid by Hot water to be paid by Electricity to be paid by Gas To be paid by Water to be paid by Sewer to be paid by Trash to be paid by Cable TV to be paid by Telephone to be paid by Snow removal done or paid by X Lawn care done or paid by Tenant(s) agree to pay all utility bills for which they are responsible WHEN DUE. Landlord has no responsibility for providing any utilities that are to be paid by the tenant(s). If the tenant(s) are responsible to provide the heat, the premises must be kept above fifty-five (55) degrees to avoid damages to the premises. The tenant(s) that are responsible for the heat MAY NOT turn it off for any reason during the winter months of this lease. The landlord has the right to temporarily stop the service of electricity, water, or gas in the event of an accident or the need for a repair. Landlord will be responsible for the general maintenance of all plumbing, electrical, and heating systems and will make all repairs to these systems. If the repairs are necessary because of an improper action by the tenant(s), Tenant(s) will be charged for the repairs and/or replacement of the system(s) the tenant(s) have damaged. Landlord has no liability for failure to supply heat, air conditioning, hot water, or other services or utilities when it is beyond his control or during the time the services are being repaired. If the landlord provides and pays for heat, and windows or doors are found open during the period when the heating system is turned on, the tenant(s) will be charged fifty dollars ( $50.00 ) per occurrence. If the landlord must take care of the maintenance (Lawn care or Snow removal) that is identified as the responsibility of the tenant(s), Tenant(s) agree to pay the landlord or the landlord's maintenance staff at the rate of 532.50 per hour for the work completed by landlord for the tenant(s). If tenant(s) do not make the landlord aware of leaks and utility bills that are the landlord's responsibility are higher due to tenant(s) negligence, the difference in the average usage and the higher bill will be passed on to the tenant(s). 10) RIGHT OF ENTRY: Landlord or anyone allowed by the landlord has the right to enter the property at reasonable times for the following reasons: • Inspection of the property, • Making repairs or alterations, • Enforcing the lease, • Showing the property to future tenants or buyers, or • Verifying that all policies and rules set forth in this lease are being followed. If you call for service or schedule an appointment with the staff and do not allow for proper access to make these requested repairs, you will be charged for the service call. 11) DAMAGE BY FIRE OR OTHER CASUALTY: If the property is damaged by fire or other mishap, the landlord will repair the damages within a reasonable amount of time. Rent will continue unless the damage makes the property unlivable. If the property is unlivable for no more than thirty (30) days, and reasonable living quarters are provided to the tenant(s) by landlord or any charitable organization, their will be no the to the lease and the tenant(s) will continue to pay rent as agreed. If the property is unlivablgor ore than thirty (30) days, tenant(s) may move out and end the lease after payment of all rent Initials: /7? k1 KL Date: S Z?? ?? Page 5 and other charges due up to the date of surrender. If just a portion of the property is unlivable, the tenant(s) have the right to continue the lease and pay a prorated amount agreed to by the landlord and tenant(s) of the monthly rent until the property is repaired. This amount must be agreed to, in writing, by the landlord and the tenant(s). 12) LEAD PAINT DISCLOSURE: If the property was built before 1978, the following is the Lead Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built before 1978 must give the tenant(s) an EPA pamphlet titled Protect Your Family From Lead in Your Home. The landlord also must tell the tenant(s) and Broker for landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented. Landlord must tell the Tenant(s) how the Landlord know that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any landlord of a pre-1978 structure must also give the tenant any records and reports that the landlord has or can get about lead-based paint hazards in or around the property being rented, the common areas, or other dwellings in multi-family housing. The Act does not apply to housing built in 1978 or later. Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is espbcially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of know lead-based paint and lead-based paint hazards in the dwelling. Tenant(s) must also receive a federally approved pamphlet on lead poisoning prevention. Landlord initial one: Landlord does not know of any lead-based paint or lead-based paint hazards (dangers) on the property. OR Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the property. Landlord must explain what landlord knows about the lead-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give tenant(s) any other information landlord has about the lead-based paint and lead-based paint hazards. B Landlord initial one: Ximdlord has no reports or records about lead-based paint or lead-based paint hazards at the property: OR Landlord has given tenant(s) all available records, and reports about lead-based paint or lead-based paint hazards at the property. List records and reports: 'C. Tenant(s) initial all that are true: X Tenant(s) received the pamphlet Protect Your Family From Lead in Your Home Tenant(s) read the information landlord gave in paragraph (A) and (B) above. Tenant(s) received all records and reports that landlord fisted in paragraph (B) above. D. Landlord and tenant(s) certify, by signing this Lease, that the information given is true to the best of their knowledee. Initials: Date: S'z* e>?_ Page 6 13) LIEN SUBORDINATION: This lease is subject to any lien placed on any part of the property managed by the landlord. The tenant(s) rights are subordinate to the lien holder. 14) SALE OF THE PROPERTY: If property is sold, on the date of settlement, landlord will give tenant(s) in writing: (a) The name, address, and phone number of the new landlord. (b) Where rent is to be paid. (c) Tenant(s) understand that landlord will have no duties regarding this Lease after the property has been sold. (d) Landlord agrees to require any new landlord, as a condition of sale, to take on landlord's duties under this Lease and to honor them. 15) INSURANCE: Tenant(s) agree to provide their own renter's insurance for protection against loss and liability. Tenant(s) also agree that the landlord is not liable for property damage or personal injury occurring in the residence or anywhere on the property. Tenant(s) are not covered by the policy held by the landlord. The only exception to this rule is when the personal injury is caused by a direct act or negligence of the landlord. 16) PETS: No pets are allowed on the property even temporarily, unless marked with an "x" in the "yes" column at the end of this paragraph. Any tenant(s) found with a pet in their residence will be fined fifty (50) dollars per occurrence. Paying this fee does not allow the pet to be kept in the premises. There will be a pet addendum added to this lease for all permitted pets. Pet Addendum yes -X- no ---- 17) WAIVER OF NOTICE TO QUIT: Tenant(s) agree to waive the usual notice to quit and agree to surrender possession of the premises at the end of the lease. Tenant(s) also specifically waive the right to a thirty (30) day notice of vacating the premises, and agree that an immediate notice is acceptable; if any action by the landlord to recover possession of the property is taken due to forfeit, non-payment of rent, or any other reason for default. 18) BREAKING THE LEASE (default): Tenant(s) have broken the lease if they : • Fail to pay rent when it is due, or • Fail to pay the landlord any other fee when it is due, or • Fail to keep all provisions or regulations spelled out in this lease (paragraph 1-23), or • Fail to follow the Rules and Regulations listed after the lease agreement, or • Break any local, state, or federal law while residing at the property. 19) LANDLORD'S REMEDIES: If tenant(s) break the lease, the landlord may: • End the lease. Landlord will give tenant(s) a twenty four (24) hour written notice of eviction before starting any legal action. • Demand payment in full of past due rent, plus any late fees, plus rent due for the rest of the lease or until such time as the property is re-rented, plus damages, plus filing fees, plus any other fee due to the Landlord. • Sue the Tenant(s) for any additional damages, costs, expenses, and attorney's fees. • Have the courts take any property owned by the Tenant(s) and sell it to recover any unpaid debts owed to the landlord. NOTE: The landlord agrees to make reasonable efforts to reduce any damages by attempting to release the property. Initials: \/' V Date: J -zq-o-7 . A Page 7 20) JOINT AND SEVERAL LIABILITY: Tenant(s) agree and understand that by signing this lease agreement, each and every tenant is equally and fully responsible to follow each and every provision and regulation in this lease. Also, the landlord may selectively and inconsistently enforce any part of or the entire lease against any tenant individually or against any combination of tenants together. 21) NON-WAIVER OF REMEDIES: Tenant(s) agree that if landlord accepts rent or any other charges after they are due, or if landlord does not insist on strict enforcement of any other terms of this lease, this will not be considered a waiver of the right to enforce each term or condition of this lease strictly in the future. Landlord has the right to enforce or waive remedies inconsistently without establishing future policy. 22) SMOKING DAMAGES: Smoking is permitted in apartments. However, tenant(s) understand and agree that any damage caused or related to cigarette, pipe, or cigar smoldng, or any tobacco product shall not constitute normal wear and tear. Tenant(s) are responsible for any and all damages and/or costs for the cleaning or repairing of any damage cause by or related to tobacco products. This includes but is not limited to deodorizing the apartment, sealing and painting the walls and ceiling, and repairing or replacing the carpets and pads. 23) GENERAL: No oral / spoken promises, representations, or agreements have been made by the landlord or any of the landlord's representatives. This lease is the entire agreement between the landlord and tenant. Any representatives (including management, maintenance, or other personnel) do not have the authority to make promises, representations, or agreements which impose duties unless done so in writing. I have read and understand this lease agreement. Tenants Date Witness s) ?`z4j O Z LANDLORD(S) SIGNATURE: Initials: j ?C_ V IkC Date: Z?YS Z Page 8 REGULATIONS No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the premises or elsewhere on the Landlord's property except as noted on the pet addendum. 2. Tenant(s), members of his (their) family and his (their) visitors will not at any time make any noise, do anything, or conduct themselves in any way which unreasonably disturbs any. other tenant(s) or neighbor(s) or unreasonably interferes with the rights, comfort, or conveniences of any other tenant(s) or neighbor(s). Musical or sound reproducing instruments or singing within the property must not be able to be heard outside of the property between 11 o'clock each night and 9 o'clock the following morning. No tenant(s) shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the premises or elsewhere in or upon the landlord's property. Damage to storm doors and windows due to negligence by tenant tenant's family or guests, will be the responsibility of the tenant(s). 4. No tenant(s) shall hang pictures on the walls with any type of sticky adhesive. All pictures must be hung with the smallest possible nail or pin and this nail or pin hole must be filled in after the tenant(s) vacate the premises. Any and all damage to the walls will be the responsibility of the tenant(s). Tenant(s) will use plumbing and electrical installations only for their intended purposes, will clean any stoppages and waste water lines, and will repair any damage caused by the neglect of the tenant(s). 6. Tenant(s) agree(s) that the landlord may reasonably change these regulations from time to time as may be required to protect the apartment or owner's other property or add to tenant's enjoyment of the unit. Tenant(s) are allowed only parking spare(s) Multiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. 8. Washer/dryer will be permitted to be kept or used at premises: yes no Dishwasher will be permitted to be kept or used at premises: yes4 no_. 9. Trash removal on the exterior of the building shall be the responsibility of ALL tenant(s). At any time which the Landlord deems appropriate, an inspection may be made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH tenant will be assessed a charge of $5.00 per item which must be included in the following months rental payment. These items include but are not limited to: bottles, cans, plastic cups, boxes, trash bags and any other item which woulA reasonably be considered rubbish or trash. This clause is in effect for this leased premises: yes no 10. It is the tenant's responsibility to maintain all fire extinguishers and smoke detectors in good working condition at all times during the term of this lease. This means that you as the tenant(s) must replace smoke detector batteries when they no longer work and must have fire extinguishers refilled if they have been extinguished due to a negligent act of you the tenant(s) . Failure to maintain these systems as required in this paragraph will result in a $50.00 fine each Initials: ?? Date: ,lj '7?y lSZ Page 9 time this happens. It is the landlord's responsibility to make sure that all smoke detectors and fire extinguishers are in proper working order before you move into the property. PLEASE MAKE SURE THAT YOU HAVE SMOKE DETECTORS AND FIRE EXTINGUISHERS IN YOUR RESIDENCE WHEN YOU MOVE IN. IF YOU DO NOT HAVE EITHER OF THESE ITEMS, PLEASE CONTACT THE OFFICE IMMEDIATELY. YOU MUST CHECK ALL SMOKE DETECTORS AND FIRE EXTINGUISHERS REGULARLY. THEY ARE FOR YOUR SAFETY! 11. Tenant(s) will be provided 1 phone line and 1 cable outlet, unless otherwise noted, in each residence. If other lines are present, but not working, the landlord has no obligation to provide you with more than one line for each service. If tenant(s) wish to have additional lines, it will be at their own expense. In addition, no tenant(s) may contract an outside service ( for example: call the cable company / telephone company / electric company for an extra connection to be run into the building) without the prior written consent of the landlord. If this service is provided and damages are caused to the building by the outside service, all repairs that must be made to fix this damage will be the responsibility of the tenant(s). 12. Landlord does not provide lock out service. If tenant(s) have locked themselves out of the apartment or lost their keys, it is their responsibility to contact one of the locksmiths that are provided in the utility company information at the end of this lease to regain access. You may be asked to provide proof of residence. If the locks are changed, you must get Landlord's permission and immediately forward a copy of the new key. LEASE RIDERS: Cleaning and Repair Charges MOVE-OUT COST SCHEDULE If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your security deposit is insufficient to cover the charges. You will be charged the listed amount for each instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are average prices only. If Landlord incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list;.you can be charged for cleaning or repairing items that are not on the list. Kitchen Cleaning Oven $ 30.00 Drip pans $ 10.00 Stove and vent-a-hood $ 10.00 Refirigerator/Freezer $ 50.00 Dishwasher $ 10.00 Cabinets and countertops $ 30.00 Bathroom Cleaning Shower doors $ 15.00 Toilet(s) $ 25.00 Initials: J ?? Date: S__Z%__0z Page 10 Tub/Shower(s) S inks/Countertops/Cabinets $ 30.00 $ 35.00 Miscellaneous Windows Window coverings (drapes, blinds) Carpet cleaning Carpet repairs Furniture removal Trash removal Wallpaper removal Painting Tile floors Holes in wall(s) $ 25.00 $ 50.00 $200.00 $100.00 $125.00 $100.00 $150.00 $350.00 $ 25.00 $ 75.00 REPLACEMENT CHARGES If any items are missing or damaged to the point that they must be replaced when you move out, you will be charged for the current cost of the items, plus labor and service charges. A representative list of replacement charges is provided on the next page. These are average prices. If it costs the Landlord more to replace an item, you will be responsible for paying the higher price. Please note that this is not an all-inclusive list; you can be charged for the replacement of items that are not on the list. Window glass $150.00 Window screens $ 35.00 Mailbox keys (lost or not returned) $ 25.00 Fire extinguisher (1-1/2 lb. Size) $ 35.00 Crisper covers $ 15.00 Disposal $ 95.00 Doors $100.00 Light fixtures $ 50.00 Patio glass doors $ 150.00 Patio screens $ 100.00 Door keys (lost or not returned) $ 45.00 Ice trays $ 3.00 Refrigerator shelves & racks $ 30.00 Mirrors (bath) $ 60.00 Countertops $250.00 Light bulbs $ 1.00 MILITARY ADDENDUM MILITARY CLAUSE: In the event the Landlord or Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Landlord receives permanent change of station orders to return to, or Tenant receives permanent change of station orders to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the Tenant is assigned government quarters then in any of these events such party may terminate this lease upon giving at least I (one) month's written notice to the other party which notice shall have attached a copy of official orders or a letter signed by the party's commander reflecting the change which warrants termination under this clause. Initials: V K, S Date: 5 ' Ztl -CTL ' - Kno ov ," 1,1 &L PRoPgR'T-iEs C/O STERLING PROPERTY MGMT. 21 S. PITT ST. STE. # 1 CARLISLE, PA 17013 717-258-5800 TENANT(S) VALF21E- C?Lvu Q aa, Moooi 2./o1v 4o,4 D O-AP, 6 L-L , PA 170/ LEASE RENEWAL TODAY'S DATE INV. # ORIGINAL LEASE DATE 05/06/2004 DS/? y/ate REGARDING ADDRESS LOCATED AT ?YIU ?JtiT ?/ors ?v/? Q THIS RENEWAL AGREEMENT IS A RIDER TO AND FORMS A PART OF THE ORIGINAL LEASE BETWEEN THE LANDLORD AND TENANT(S) AS LISTED ABOVE. THIS LEASE IS HEREBY EXTENDED FOR AN ADDITIONAL TERM OF TWELVE (12) MONTHS, COMMENCING AND ENDING AS STATED BELOW. THE NEW RENTAL RATE DURING THIS PERIOD IS ALSO AS FOLLOWS: ITEM DESCRIPTION NEW RENTALAMOLINT EXTENDED FROM EXTENDEDTIL .....-- £wf W13C ?J?. 00 '061d//aovy a5/3//a?S ALL OTHER COVENANTS, CONDITIONS, RULES, REGULATIONS AND LEASE ADDENDUMS SHALL REMAIN IN EFFECT. IMPORTANT: IF YOU CHOOSE NOT TO RENEW YOUR LEASE FOR AT LEAS: AN ADDITIONAL TERM OF TWELVE (12) MONTHS, YOUR RENTAL. AGREEMENT WILL RENEW AUTOMATICALLY FOR A 60 DAY PERIOD AND CONTINUES TO RENEW FOR 60 DAY PERIODS UNLESS A WRITTEN TERMINATION NOTICE IS GIVEN IN ACCORDANCE WITH YOUR ORIGINAL LEASE. YOUR NEW RENTAL RATE WILL BE AS FOLLOWS: HOLDOVER AMOUNTS - - - - -- ?''re LANDLORD OR AGENT DATE T ANT(S) DATE .' ' Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 To: JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Statement Date 10/6/2009 Amount Due Amount Enc. $18,761.53 Date / Transaction Amount Balance 12/31/2002 Balance forward 0.00 01/01/2003 INV #6. MONTHLY RENT 900.00 900.00 01/24/2003 PMT #553639935. CLOUD -900.00 0.00 02/01/2003 INV #7. MONTHLY RENT 900.00 900.00 02/14/2003 PMT #1152. CLOUD -900.00 0.00 03/01/2003 INV #8. MONTHLY RENT 900.00 900.00 03/03/2003 PMT#1183. CLOUD -900.00 0.00 03/07/2003 CHK #nsf. 900.00 900.00 03/13/2003 CHK #NSF. 900.00 1,800.00 03/17/2003 PMT #382. CLOUD -900.00 900.00 04/01/2003 INV #9. MONTHLY RENT 900.00 1,800.00 04/03/2003 PMT #421. CLOUD -900.00 900.00 04/04/2003 INV #10. 300.00 1,200.00 04/09/2003 INV #12. 130.00 1,330.00 05/01/2003 INV #13. MONTHLY RENT 900.00 2,230.00 05/05/2003 PMT #559396355. CLOUD -900.00 1,330.00 06/01/2003 INV # 14. MONTHLY RUNT 910.00 2,240.00 06/04/2003 PMT #MO - 6471. CLOUD -910.00 1,330.00 07/01/2003 INV # 15. MONTHLY RENT 910.00 2,240.00 07/07/2003 PMT #6565. CLOUD -910.00 1,330.00 08/01/2003 INV #16. MONTHLY RENT 910.00 2,240.00 08/05/2003 PMT #8154. CLOUD -910.00 1,330.00 09/01/2003 INV #17. MONTHLY RENT 910.00 2,240.00 09/03/2003 PMT #MO - 838725669. CLOUD -910.00 1,330.00 09/05/2003 INV #18. 41.00 1,371.00 10/01/2003 INV #19. MONTHLY RENT 910.00 2,281.00 10/06/2003 INV #20. LATE FEES 44.10 2,325.10 10/06/2003 PMT #MO - 5037. CLOUD -910.00 1,415.10 10/31/2003 PMT #CASH. CLOUD -100.00 1,315.10 11/01/2003 INV 421. MONTHLY RENT 910.00 2,225.10 11/03/2003 PMT #MO - 655. CLOUD -10.00 2,215.10 11/03/2003 PMT #MO - 666. CLOUD -900.00 1,315.10 12/01/2003 INV #22. MONTHLY RENT 900.00 2,215.10 12/08/2003 PMT #MO - 600. CLOUD -200.00 2,015.10 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 7,784.33 0.00 0.00 0.00 do i mii "" 10,977.20 $18,761.53 NCI Statement Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 To: JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Date 10/6/2009 Amount Due Amount Enc. $18,761.53 Date Transaction Amount Balance 12/08/2003 PMT #MO - 548 3. CLOUD -410.00 1,605.10 12/08/2003 PMT #MO - 547 4. CLOUD -500.00 1,105.10 01/01/2004 INV #23. MONTHLY RENT 900.00 2,005.10 01/02/2004 PMT #CASH. CLOUD -1,010.00 995.10 01/30/2004 PMT #CASH. CLOUD -100.00 895.10 02/01/2004 INV #24. MONTHLY RENT 900.00 1,795.10 02/03/2004 PMT #CASH. CLOUD -900.00 895.10 03/05/2004 INV #25. 910.00 1,805.10 03/05/2004 PMT #921053. CLOUD -910.00 895.10 04/01/2004 INV #26. MONTHLY RENT 910.00 1,80.10 04/01/2004 PMT #CASH. CLOUD -910.00 895.10 05/01/2004 INV #27. MONTHLY RENT 910.00 1,805.10 05/04/2004 PMT #CASH. BROWNEWELL -910.00 895.10 06/01/2004 INV #28. MONTHLY RENT 915.00 1,810.10 06/03/2004 INV #29. FITZPATRICK INVOICE FROM 10/27/03 102.00 1,912.10 06/04/2004 PMT #MO - 897. CLOUD -415.00 1,497.10 06/04/2004 PMT 94896. CLOUD -500.00 997.10 07/01/2004 INV #30. MONTHLY RENT 915.00 1,912.10 07/06/2004 PMT #MO - 870. CLOUD -915.00 997.10 08/01/2004 INV #31. MONTHLY RENT 915.00 1,912.10 08/05/2004 PMT #MO - 3017. CLOUD -915.00 997.10 09/01/2004 INV #32. MONTHLY RENT 915.00 1,912.10 09/07/2004 PMT #MO - 190. CLOUD -915.00 997.10 10/01/2004 INV #33. MONTHLY RENT 915.00 1,912.10 10/06/2004 PMT #MO - 798. CLOUD -915.00 997.10 11/01/2004 INV #34. MONTHLY RENT 915.00 1,912.10 11/05/2004 PMT #MO - 3073. CLOUD -915.00 997.10 12/0112004 INV #35. MONTHLY RENT 915.00 1,912.10 12/06/2004 PMT #MO - 940. CLOUD -915.00 997.10 01/01/2005 INV #36. MONTHLY RENT 915.00 1,912.10 01/05/2005 PMT #MO - 3101. CLOUD -915.00 997.10 02/01/2005 INV #37. MONTHLY RENT 915.00 1,912.10 02/05/2005 PMT #MO - 3116. CLOUD -915.00 997.10 03/01/2005 MV #38. MONTHLY RENT 915.00 1,912.10 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due CURRENT DUE DUE DUE PAST DUE 7,784.33 0.00 0.00 0.00 10,977.20 $18,761.53 rayu Statement Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 To: JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COUR'r CARLISLE, PA 17015 Date 10/6/2009 Amount Due Amount Enc. $18,761.53 Date / Transaction Amount Balance 03/08/2005 INV 440. LATE FEE 91.50 2,003.60 04/01/2005 INV #39. MONTHLY RENT 915.00 2,918.60 04/05/2005 INV #41. LATE FEE 91.50 3,010.10 04/08/2005 PMT # 1585. SEIZED SECURITY -900.00 2,110.10 04113/2005 INV #50. WORK ORDER 809 81.25 2,191.35 04/28/2005 MV #51. WORK ORDER 832 48.75 2,240.10 05/17/2005 INV #42. WORK ORDER 823 65.00 2,305.10 06/01/2005 INV #43. WORK ORDER 826 2,265.26 4,570.36 06/03/2005 INV #44. KOUGH'S OIL SERVICE - FILL TANK 481.62 5,051.98 07/19/2005 INV #45. WORK ORDER 1072 51.62 5,103.60 07/19/2005 INV #46. WORK ORDER 1048 1,587.25 6,690.85 09/28/2005 INV #52. WORK ORDER 4120 835.88 7,526.73 01/24/2006 INV #55. DAMAGES 1,589.42 9,116.15 03/13/2006 PMT -50.00 9,066.15 10/02/2006 INV #77. Finance Charges 5/1/05 - 10/1/06 2,076.05 11,142.20 10/06/2006 PMT #5570580302. Cloud -50.00 11,092.20 10/24/2006 PMT -40.00 11,052.20 11/30/2006 PMT #5601956361. Money Gram -75.00 10,977.20 10/06/2009 INV 0464. 2007-2008 finance charges 5,189.01 16,166.21 10/06/2009 INV #465.2009 finance charges 2,595.32 18,761.53 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due CURRENT DUE DUE DUE PAST DUE 7,784.33 0.00 0.00 0.00 10,977.20 $18,761.53 Page 3 Sharon Brownewell C/0 Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 5/17/2005 42 P.O. No. Terms Project Quantity Description Rate Amount Work Order 823 - check & repair roof where satellite dish was attached, restart oil furnace 65.00 65.00 Total $65.00 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 6/1/2005 43 P.O. No. Terms Project Quantity Description Rate Amount Work Order 826 - r&r soap holder in bathtub (tile), r&r'fst' hole in upstairs bedroom & all nail holes throughout rooms (mud, spackle, sand, primer, paint), r&r light bulbs (5), r&r window screens (4), mow, weed, rake & bag grass 2,265.26 2,265.26 FTOtal $2,265.26 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 6/3/2005 44 P.O. No. \~ Terms Project Quantity Description Rate Amount KOUGH'S OIL - FILL TANK 481.62 481.62 Total $481.62 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 7/19/2005 45 P.O. No. Terms Project Quantity Description Rate Amount Work Order 1072 - 8" burner & drip pans for stove 51.62 51.62 Total $51.62 Sharon Brownewell C/0 Sterling Property Management, Inc: 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 1-1? Invoice Date Invoice # 7/I9/2005 46 P.O. No. Terms Project Quantity Description Rate Amount Work Order 1048 - repair wood work (kitchen, living room, dining room, staircase), paint, caulk, r&r blinds, light covers 1,587.25 1,587.25 Total $1,587.25 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Sill To !IM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 4/13/2005 50 P.O. No. Terms Project Quantity Description Rate Amount I Work Order 809 - gain access to house left 'abandoned' by tenant to close window left open by tenant 81.25 81.25 Total $81.25 Sharon Brownewell C/0 Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date _Invoice # 4/28/2005 51 P.O. No. Terms Project Quantity Description Rate Amount Work Order 832 - pick up trash left by tenant outside unit 48.75 48.75 FT ta I $48.75 Sharon Brownewell C/0 Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 9/28/2005 52 P.O. No. Terms Project Quantity Description Rate Amount Work Order 4120 - replace door, r&r kitchen cabinets (from dog chewing), r&r'bread box' (from dog chewing) (Supplies $413.38) 835.88 835.88 Total $835.88 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 1/24/2006 55 P.O. No. Terms Project Quantity Description Rate Amount 3/7 of total cost of carpet replacement - $3200 - unauthorized pet damage Paint Front Door - damaged by dog r&r exterior hose bib - damaged by allowing hose connected &. freezing 1,371.42 50.00 168.00 1,371.42 50.00 168.00 Total $1,589.42 Brownewell Properties Bill To JIM ANTHONY CLOUD VALERY CLOUD 22 MOUNT ZION RD CARLISLE, PA 17013 Invoice Date Invoice # 04/042003 10 P.O. No. Terms Project Quantity Description Rate Amount 4 4 NSF FEE LATE FEE 30.00 45.00 120.00 180.00 t I Total $300.00 21 South Pitt St. Suite # 1 Phone: (717) 258-5800 Fax: (717) 258-5805 19LCLIASCarlisle, PA 17013 E-mail: jmadler@panet January 24, 2006 I, Jim Anthony Cloud, hereby agree to pay $50.00 every two weeks, beginning Feb 24, 2006, toward the balance owed for the property located at 22 Mount Zion Road for the next 18 months. I agree to increase my payment by at least $100 per month until the remainder owed has been paid in full. - Witness Balance as of 01/31/06: $ Anthony loud VERIFICATION I, Sharon Brownewell, hereby verify that the statements set forth in the attached Complaint are true and correct to the best of my knowledge, information, and belief. I make the statements therein subject to 18 Pa. C.S. 4904 regarding unsworn falsification to authorities and the penalties relating thereto. Date: Sharon Browne-well Jim A. Cloud 1338 Bryn Mawr Rd Carlisle, PA 17013 (717) 440-0299 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Sharon Brownewell Plaintiff vs. James Anthony Cloud (sic) Valerie A. Cloud Defendants No. 10-179 Civil Term ANSWER, NEW MATTER, AND MOTION TO DISMISS OF DEFENDANT JIM A CLOUD TO PLAINTIFF'S COMPLAINT FOR BREACH OF CONTRACT ANSWER 1. Admitted. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that the Defendants are both adult individuals and it is admitted that the second-named Defendant is Valerie A. Cloud. It is denied that the name of the first named Defendant is James A. Cloud. 4. Denied. It is denied that Mr. Cloud resides at 710 Hillside Drive, Carlisle, Cumberland County, Pennsylvania, 17013. It is further denied that Mr. Cloud's name is James A. Cloud 5. Admitted. 6. Admitted. 7. Admitted. It is admitted that the Defendant entered into possession of the property as tenant for the term of one (1) year commencing on June 1, 2002, and terminating on May 31, 2003. It is further admitted that the Plaintiff and Defendants renewed the lease agreement for the year period commencing June 1, 2004 and terminating May 31, 2005. By way of further answer, Plaintiff has failed to provide evidence of a contract from June 1, 2003 to May 31, 2004. It should also be noted that Plaintiff, herself, never executed the lease. 2 8. Admitted in part; denied in part. It is admitted that during the lease term commencing June 1, 2004, the monthly rent was Nine Hundred Fifteen ($915.00) Dollars. It is denied that the rent was payable "on or before the first day of each month." The contract states that the monthly rent is due before the first day of every month. 9. Denied. Paragraph One of the Lease Agreement concerns the length of the lease. It does not address late fees. COUNT I-BREACH OF CONTRACT 10. No response required. 11. Admitted in part; denied in part. It is admitted that Defendant, James A. Cloud(sic) permitted dogs to occupy the leasehold, as he was permitted to do so pursuant to Paragraph # 16 of the Residential Lease Agreement. It is also admitted that Defendant, James A. Cloud(sic), abandoned the property in or about April, 2005. It is denied that Defendant, James A. Cloud(sic) failed and refused to pay rents and late fees accrued during the term of the lease. As evidenced in Exhibit D, Defendant, James A. Cloud(sic), did not refuse to pay rents and late fees that had accrued during the term of the lease. 12. Admitted. 13. Denied. It is denied that Defendant, James A. Cloud(sic) refused to pay rent and late fees that had accrued during the term of the lease. As evidenced in Exhibit D, Defendant, James A. Cloud(sic), did not refuse to pay rents and late fees that had accrued during the term of the lease. 14. Admitted. By way of further answer, Plaintiff has acknowledged the breach of contract occurred when "Cloud materially breached the Lease Agreement by failing to satisfy when due the period monthly rent and late charges." 15. Denied. Strict proof is demanded. 16. Denied. It is denied that damages that were allegedly repaired were in excess of reasonable wear and tear. Strict proof is demanded. 17. Denied. Plaintiff has failed to show proof of what repairs were made and also that the damage to the property was in excess of reasonable wear and tear. Strict proof is demanded. 18. Denied. Defendant, James A. Cloud(sic), provided keys to Sterling Property Management located at 337 Lincoln Street, Carlisle, Pennsylvania. Plaintiff was and is aware that Defendant, James A. Cloud(sic), is employed as a Police Officer for the Borough of Carlisle and could have contacted him there at any time. Plaintiff's contention that Cloud did not provide her with a forwarding address is disingenuous at best. In fact, Plaintiff's representative, Michael Adler, contacted Cloud on many occasions at his place of employment. 3 19. No response required. 20. No response required. 21. Admitted in part; denied in part. It is admitted that Defendant, James A. Cloud(sic), still owes a nominal amount for rents and late fees. It is denied that Defendant owes for alleged damages. Strict proof is demanded of the "in excess of wear and tear" damages that have been alleged. 22. Denied. By way of further answer, Defendant, Jim A. Cloud, believes and therefore avers that the "agreement" Plaintiff is alleging as Exhibit D is not a legally binding agreement, as it lacks consideration. Additionally, Plaintiff's representative, Michael Adler, who executed the so-called agreement (Plaintiff's Exhibit D), breached the "agreement" himself when he informed the Defendant, James A. Cloud(sic), that the amount due to Sterling Property Management had increased by $6000 after Defendant, Jim A. Cloud, had already agreed to pay the approximately $3000 in rental arrears. 23. Denied. Strict proof of the alleged damages is demanded. Wherefore, Defendant, Jim A. Cloud, respectfully requests your Honorable Court to deny Plaintiff's request for damages. NEW MATTER PURSUANT TO PA RCP & 10300 24. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth 25. Plaintiff has acknowledged the breach of contract occurred when "Cloud materially breached the Lease Agreement by failing to satisfy when due the period monthly rent and late charges" in Paragraph #13 herein. Accordingly, whether Plaintiff is contending the breach occurred in April, 2005, when Defendant, James A. Cloud(sic), "abandoned the property" or in May, 2005, for "failing to satisfy when due the period monthly rent and late charges," Plaintiff is barred from seeking damages for Breach of Contract as the statute of limitations tolled in May, 2009, pursuant to 42 Pa.C.S.A. §5525. Wherefore, Petitioner, Jim A. Cloud, respectfully requests this Honorable Court dismiss the instant action with prejudice for untimely filing. PETITION TO DISMISS 26. Paragraphs 1 through 25 are incorporated herein by reference as though fully set forth. 27. Petitioner is Jim A. Cloud, the Defendant in the above-captioned Breach of Contract action. 28. Respondent is Sharon Brownewell, the Plaintiff in the above-captioned Breach of Contract action. 29. Respondent has acknowledged the breach of contract occurred when "Cloud materially breached the Lease Agreement by failing to satisfy when due the period monthly rent and late charges" in Paragraph #13 herein. 30. Petitioner believes and therefore avers that Respondent, Sharon Brownewell, is barred from seeking damages for Breach of Contract as the statute of limitations tolled pursuant to 42 Pa.C.S.A. §5525. Wherefore, Petitioner, Jim A. Cloud, respectfully requests this Honorable Court dismiss the instant action with prejudice for untimely filing. Respectfully submitted By: im A. Cloud 1338 Bryn Mawr Rd Carlisle, PA 17013 (717) 440-0299 5 VERIFICATION I verify that the information contained herein is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Jim . Clou 6 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer, New Matter, and Petition to Dismiss has been served on the following persons and in the following manner on the / 9 ?4 day of JA-fi 4 Q&, y , 2010, pursuant to Pa R.C.P. §440. Service by First Class Mail, addressed to: Lee A. Stivale, Esquire 414 East Baltimore Pike Media, PA 19063 By: r im A. Cloud, Pro Se 1338 Bryn Mawr Rd Carlisle, PA 17013 (717) 440-0299 7 FILED-UF+ 1CE 1F THE P,^I'G'vDTARY VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff 2010 FEB 12 PAS 2: 05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON BROWNEWELL Plaintiff, NO. 10-179 V. JAMES ANTHONY CLOUD Defendant, and ASSUMPSIT VALERIE A. CLOUD Defendant. REPLY TO NEW MATTER 24. Plaintiff incorporates herein paragraphs one (1) through twenty three (23 inclusive as though fully set forth at length. 25. Denied as a conclusion of law to which no response is required. By way of further response, Defendant Jim Anthony Cloud amended the Lease Agreement (Exhibit "A") by his written agreement dated January 24, 2006, to satisfy amounts due and owning under the Lease Agreement by making payments of "$50.00 every two weeks, beginning February 24, 2006." A copy of the amendment is attached as Exhibit "E." 1 Defendant Jim Anthony Cloud in furtherance of the Lease Agreement, as amended, made four payments as follows: (a) fifty ($50.00) dollars on March 13, 2006; and (b) fifty ($50.00) dollars on October 6, 2006; and (c) forty ($40.00) dollars on October 24, 2006; and (d) seventy five ($75.00) dollars on November 30, 2006; and Defendant Jim Anthony Cloud is in material breach of the Lease Agreement, as amended, by failing and refusing to make the periodic payments. Therefore, as a matter of law, the applicable statute of limitations is not tolled in May 2009. RESPONSE TO PETITION 26 Plaintiff incorporates herein paragraphs one (1) through twenty five (25) inclusive as though fully set forth at length. 27. - 30. The allegations are denied as conclusions of law to which no response is required. Respectfully submitted, LEE -A. STIVALE, ESQUIRE Attorney for Plaintiff. 2 St 21 South Pitt St. Suite # 1 Pine: (717) 258-5800 E rr i Fax: (717) 258-5805 Carlisle, PA 17013 E-mail: jmadler@panet Property anapumnty January 24, 2006 I, Jim Anthony Cloud, hereby agree to pay $50.00 every two weeks, beginning Feb 24, 2006, toward the balance owed for the property located at 22 Mount Zion Road for the next 18 months. I agree to increase my payment by at least $100 per month until the remainder owed has been paid in full. Witness Balance as of 01/31/06: $ Anthony Cloud CERTIFICATE OF SERVICE I, LEE A. STIVALE, ESQUIRE, hereby certify that I served a true and correct copy of a Reply to New Matter the following via regular mail on February 8, 2010. Jim A. Cloud 1338 Bryn Mawr Road Carlisle, PA 17013 Valerie A Cloud 1605 Wilson Drive Lancaster, PA 17603 BY: LEE STIVALE, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F, L;-:D-4J r Y NAR Sheriff Y -? •'-° z ?? Jody S Smith Chief Deputy 2010 FEB 16 PM 2:16 Edward L Schorpp cl Solicitor 0c ".7 E J!k Sharon Brownewell vs. James Anthony Cloud Case Number 2010-179 SHERIFF'S RETURN OF SERVICE 01/05/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Valerie A. Cloud, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Columbia County, PA to serve the within Complaint In Assumpsit according to law. 02/04/2010 Lancaster County Return: And now, February 4, 2010 I, Jack Lotwick, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Valerie A. Cloud the defendant named in the within Complaint in Assumpsit and that I am unable to find her in the County of Lancaster and therefore return same NOT FOUND. After several attempts to 1605 Wilson Avenue, Lancaster, PA 17603 the Complaint in Assumpsit has expired. 02/11/2010 02:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 6 2010 at 1455 hours, he served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: James Anthony Cloud, by making known unto himself personally, at 181 York Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.20 February 11, 2010 SO A WE VNNYY R ANDERSON, SHERIFF 1-?27 Deputy S eriff (c Coi', idle :' "eriti Te r'o ;ft' W'-- SHARON BROWNEWELL, PLAINTIFF V. JAMES ANTHONY CLOUD AND VALERIE A. CLOUD, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-0179 CIVIL TERM ORDER OF COURT AND NOW, this /inn day of March, 2010, IT IS ORDERED: (1) Defendant James Anthony Cloud's new matter IS DISMISSED, and his petition to dismiss under 42 Pa.C.S. § 5525 IS DENIED. (2) Defendant, James Anthony Cloud, argues plaintiffs suit arises from i=- l.l. the breach of a lease agreement occurring in May 2005 and is therefore time- barred by the applicable four-year statute of limitations. 42 Pa.C.S. §5525. However, on January 24, 2006, defendant signed a document both acknowledging his debt and agreeing to a payment plan to satisfy the debt. Plaintiffs Complaint, Exhibit D. This agreement constituted a "clear, distinct and unequivocal acknowledgment of [the] debt as an existing obligation" consistent with a promise to pay, thereby tolling the statute of limitations. Huntington Finance Corp. v. Newtown Artesian Water Co., 659 A.2d 1052, 1054 (Pa. Super. 1995). Thus, plaintiff's complaint, which was initiated January 5, 2010, is timely f&d wAhin the applicable four-year limitation period. " By the Court, c? N Albert H. Masl nd, J. d' ,/Cee A. Stivale, Esquire For Plaintiff mes Anthony Cloud, Pro se 1338 Bryn Mawr Road Carlisle, PA 17013 Valerie A. Cloud, Pro se 1605 Wilson Drive Lancaster, PA 17603 sal eoP,lez 3`r4?rc? r VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff 2Q(0 njitR 18 or TF FACE 17)i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON BROWNEWELL Plaintiff, V. JAMES ANTHONY CLOUD VALERIE A. CLOUD Defendants NO 10 -I'7q Civil - erN ASSUMPSIT PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-referenced matter, a copy of which is appended hereto. Respectfully submitted, Law Offices o mcent B. M cini & Associates By: LEE A. STIVALE, ESQUIRE O *lo. co Po Ate( (Vit CX5 (58 pj* aal 0'13 VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON BROWNEWELL Plaintiff, : NO. 09- V. :: ASSUMPSIT JAMES ANTHONY CLOUD VALERIE A. CLOUD Defendants NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON BROWNEWELL 337 Lincoln Street Carlisle, PA 17013 Plaintiff, NO. V. JAMES ANTHONY CLOUD 710 Hillside Drive Carlisle, PA 17103 Defendant, and ASSUMPSIT VALERIE A. CLOUD 1605 Wilson Drive Lancaster, PA 17603 COMPLAINT Background: 1. Plaintiff, Sharon Brownewell (`Brownewell") owns in fee the real property located at 22 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania 17013 (the "Property"). 2. The Property is a single family structure, leased for residential occupancy. . , 3. Defendants, James A. Cloud and Valerie A. Cloud (collectively "Cloud") are adult individuals. 4. Upon belief, Defendant James A. Cloud maintains a personal residence located at 710 Hillside Drive, Carlisle, Cumberland County, PA 17013 5. Upon belief, Defendant Valerie A. Cloud maintains a personal residence located at 1605 Wilson Avenue, Lancaster, Lancaster County, Pennsylvania 19603. 6. Pursuant to a written lease agreement dated May 24, 2002 ("the Lease Agreement"), Brownewell leased the Property to Cloud. A true and correct copy of the "Lease Agreement" is attached hereto and made a part hereof and marked Exhibit "A". 7. Pursuant to the Lease Agreement, the Defendant entered into possession of the Property as tenant for the term of one (1) year commencing on June 1, 2002, and terminating on May 31, 2003. The Plaintiff and Defendants renewed the Lease Agreement for the year period commencing June 1, 2004 and terminating May 31, 2005. The Lease Renewal is attached hereto as Exhibit "B." 8. During the lease term commencing June 1, 2004, the monthly rent was Nine Hundred Fifteen ($915.00) Dollars, payable on or before the first day of each month. 9. The Lease Agreement, paragraph 1, provides that Cloud is obligated to pay a late fee of five (5%) percent of the rent unpaid and in arrears each month. COUNT I - BREACH OF CONTRACT 10. Plaintiff incorporates herein paragraphs one (1) through nine (9) inclusive as though fully set forth at length. 11. In material violation of the lease, Cloud: failed and refused to pay rents and late fees accrued during the term of the lease; permitted dogs to occupy the leasehold; and abandoned the Property in or about April 2005. 12. Cloud owes to Brownewell the monthly rent and late charges for the period ending May 31, 2005 in the amount of Three Thousand Ten Dollars and Ten Cents ($3,010.10). See Statement attached as Exhibit "C." 13. Despite demand, Cloud refused and continues to refuse to pay the rent and late charges of $3,010.10. 14. Cloud materially breached the Lease Agreement by failing to satisfy when due the periodic monthly rent and late charges. 15. Cloud caused damages and injuries to the Property necessitating repairs, all of which were in excess of reasonable wear and tear, including but not limited to: (a) repair roof damaged from satellite dishes $ 65.00 (b) heavy cleaning, repair walls, screens and Yard clean up $2,265.26 (c) replenish heating oil consumed by Cloud $ 481.62 (d) stove repairs $ 51.62 (e) Repair to woodwork, blinds and replace light covers $1,587.25 (f) remove trash - exterior $ 48.75 (g) repair door and kitchen cabinets $ 835.88 (h) replace carpeting, paint front door, replace hose bib $1,589.42 (f) access house abandoned $ 81.25 TOTAL $7,006.05 Invoices for the damages in excess of reasonable wear and tear are attached as Exhibit «C N 16. Despite demand, the Cloud refuses to satisfy the cost of repairs for damages to the Property in excess of reasonable wear and tear. I • 1 17. Cloud materially breached the Lease Agreement by failing to satisfy when due the charges for repairs for damage to the Property in excess of reasonable wear and tear. 18. Cloud did not return keys to the Property or provide Brownewell with a forwarding address. 19. Defendant James A. Cloud acknowledged the above indebtedness to Plaintiff and entered into a settlement agreement which provided that he will make periodic payments of $50.00 and $100.00 commencing February 24, 2006. A copy of the settlement agreement is attached hereto as Exhibit "D." 20. Pursuant to the settlement agreement (Exhibit "D"), Defendant Cloud made the following payments: (a) 3.13.06 $50.00 (b) 10.06.06 $50.00 (c) 10.2.06 $40.00 (d) 11.30.06 $75.00 21. The Defendants are indebted to Plaintiff as follows: (a) Rents and late fees $3,010.10 (b) Damages $7,006.05 (c) Less payments $ 2( 15.00) Total due and owing $9,801.15 22. The Defendants Cloud materially defaulted on their settlement agreement to make periodic payments on their open account. Despite demand, they refuse and continue to refuse to satisfy the amount owed Plaintiff on account of their tenant occupancy of the Property. 4 23. The Defendants, Cloud, owe the statutory rate of interest of six (6%) percent on the accrued amount due and owing. Each day commencing from 12.01.06 the Defendants accrue interest of $1.61. WHEREFORE, Plaintiff, Sharon Brownewell, prays your Honorable Court to enter judgment for damages in the amount not less than $9,801.15, and interest at the highest rate allowed by law, together with reasonable attorneys fees as may be just and proper. Respectfully LEE A. STIVALE, ESQUIRE Attorney for Plaintiff. 5 STERLING PROPERTY MANAGEMENT, Inc. 21 S. Pitt Street Suite # I CARLISLE, PA 17013 (717)258-5800 RESIDENTIAL LEASE AGREEMENT Revised 11/2001 Today's Date: Landlord: 4JR 0W A) et? L Tenant(s) 5) In Ajn Vim) 6 441,J CLOY 0 Property or Premises: aj 17) OV,,r-) )17.w Ro4o This lease is a legal binding document. Both the landlord and tenant(s) are responsible for following the terms spelled out in this lease. If you do not understand anything written in this lease, please consult an attorney's opinion before signing it Pennsylvania Law requires real estate brokers and salespersons (licenses) to advise consumers of the business relationships permitted by the Real Estate Licensing and Registration Act The Tenant(s) acknowledge receipt of said Consumer Notice as adopted by the State Real Estate &ommission at 49 Pa. Code Subsection 35.366 Initials V JAIC \ 1) E TH OF THE LEASE: This lease is QIV-- L/ &Ap- in length and will begin on q dc- ( (7Q and will end at midnight on -:)00 This lease will not r ew itself The tenant(s) and landlord must sign a new ee ent by the end of this lease to allow the tenants to continue to live at the above listed property, otherwise the tenant(s) must give a 60 day notice IN WRITING that they intend on vacating the property. If the tenant(s) remain(s) without signing a new lease, the rental rate for the holdover period will be the actual rental rate plus 25% monthly. All other conditions of the lease will remain in effect, including the required 60 day notice to vacate. 2) RENTS DUE: The amount of rent due in monthly installments is A)X06 A NN D?0 by f v u r dollars ($ qDJ. QD) per month for a total of _ ?.C L (1e ( 1. ) months. The total amount due for the term of the lease is 76ty `AAcx?5,4wo C-) 6 HT LyvVQ&z.? 1 0 100 dollars ($IQ ?iDa . Tenant(s) agree to pay the monthly rent before the first day of every month. If the total rent ue from all tenants is received between the first (Ist) day of the month and the fifth (5th) day of the month, a late rent charge of five percent (5 %) of the monthly rent will be added. This amount equals -6)QVI Of dollars OD ). If the total rent due from all tenants is received afte the fifth day of the month, another late rent charge of five percent (5 %) of the monthly rent will be added. This amount equals fi 46 tars ($ 4?5.y Q ) If any payment by check is returned NSF ( fFicient funds), a thirty dollar ($30.00) return check charge will be added -Z?? ?Z Initials: v ?? Date: -5 Page 2 along with any late charges caused by the return check. The landlord will also require the rent along with any other fees due be paid with certified funds--i.e. money order or cashier's check. All tenants are responsible for payment of the full amount of the rent. In addition, a notice demanding either payment of late rent plus any other fees or moving from the premises may be sent after the fifth (5) day for nonpayment of the rent. A court action to remove tenant(s) for nonpayment of rent may be started on or after the fifteenth (15') day. SPECIAL NOTE: If the late rent, late rent charge, and any funds associated with a check returned for insufficient funds are paid on or before the fourteenth (14th) day after the rent is due, the Landlord will not take court action to remove the tenant(s) because of this NSF (insufficient funds) check. 3) SECURITY DEPOSIT: Tenant(s) agree to pay the landlord a security deposit of MAI& A u N 0A60 b ,Up dollars ($ 2 . (1J) paid by ( e to be held in a separate escrow account at Commerce Bank. The Account number is 616118363. Tenant(s) agree and understand that landlord does not pay interest on security deposits. Tenant(s) also agree and understand that the security deposit may not be used for rent or any other money due to the landlord including the last month's rent. The landlord will hold the deposit for the following reasons: • Payment for damages caused by the tenant(s), tenant(s) family, or the tenant(s) visitors. • Payment of any other sum due to landlord-late fees, court costs, and / or unpaid rent. Landlord wiH return the deposit within thirty (30) days of the end of the lease minus any unpaid fees only after the following occur (this means that the thirty day period does not begin until the following things occur): • Tenant(s) leave the property in the original condition in which they found it, allowing for reasonable wear and tear. • Tenant(s) remove all personal property. • Tenant(s) return all keys within 24 hours of vacating the premises-if not done, the locks will be replaced and the cost deducted from the deposit. • Tenant(s) give a forwarding street address including phone number, in writing, to the landlord before moving out of the premises. The security deposit return check will be made payable to all persons signing the lease unless previously agreed upon in writing by both landlord and tenant(s). Again, tenant(s) agree and understand that landlord does not pay interest on security deposits. 4) NUMBER OF TENANT(S): No more than t jJ t'' ?eJ people will be allowed to live in the leased property. These people are named as follows: E+2 > c u 014-? k 136YJ CLbN,o Any person not listed on this rental agreement will cause the allowed residents to have to pay an additional one hundred ($100.00) dollars per person per month for each full or partial month the nonresident is staying at the premises. The payment of this fee does not allow extra tenant(s) to be added to the lease. S) OCCUPANCY AND POSSESSION: Tenant(s) agree that if the property is not ready for them to occupy because a previous tenant has not moved out or did extensive damage, the lease stays in effect and the landlord will not start charging rent until the premises is ready for tenant(s) to move in. Tenant(s) will not hold the Landlord responsible for any damages tenant may incur because tenant(s) could not move in until after the lease was to begin. If the premises is not ready to occupy within the first sixty (60) days of the lease, the lease, at the option of the tenant(s), may become null and void. In this case, tenant(s) will have all security deposits refunded to them. If the property is available and tenant(s) do not take Initials:/7C Date: .S 2y a? Page 3 possession of the property within one (1) week by paying the full amount of the rent owed for the first month, it is understood that the tenant(s) have canceled their right to move in and the landlord may keep all monies paid by tenant(s) in advance. In this case, the tenant(s) must also pay rent for the days the premises stays empty. The tenant(s) will also be responsible to pay for all reasonable advertising costs and any reasonable leasing fees incurred to release the property. Yes No If the landlord is making improvements to the property which do not make the property ble, tenant agrees to allow the landlord access to the property for these improvements and agree that there will be no reduction in the amount of the rent during this time. The improvements that the landlord intends to make include the following items: The landlord agrees that every effort will be made to make these improvements. The tenant(s) agree and understand that the landlord is under no obligation to make these improvements unless they are specifically agreed to here. 6) TRANSFER OF LEASE (SUBLETTING): Tenant(s) agree not to reassign this lease or sublet the residence. You will be breaking this agreement if you do so. If you would like to sublease or change the individuals on the lease, you must contact the landlord, and all decisions about changing the lease are up to the landlord only. 7) USE AND CARE OF PROPERTY: (a) LANDLORD AGREES TO THE FOLLOWING: Landlord will keep the property and 0 J common areas in reasonable condition as required by law. Landlord will also keep the property reasonably free of pest, rodents and insects. This does not apply to single-family dwellings. If continued service is needed to remove pests rodents and insects because the tenant does not keep the property in a reasonably clean condition, tenant(s) agrees to pay for the cost to remove the pests, rodents and/or insects. (b) TENANT(S) AGREE TO THE FOLLOWING: Tenant(s) can only use the property as their primary place of residence for them and/or their children. Tenant(s) may not use the property as a place of business without the written permission of the landlord. In addition, tenant(s) cannot use the property for a fraternity or sorority house without the written consent of the landlord. Tenant(s) may not make any changes or additions to the premises without the written permission of the landlord (this includes painting, changing locks, attaching exterior signs, etc.). Tenant(s) may not damage the physical structure or any appliance within the property. DO NOT CLEAN REFRIGERATOR FREEZERS WITH ICE PICKS!! If damages occur, tenant(s) agree to pay for all damages to any area of the residence or building made by themselves, their family, their visitors, and anyone damaging the property. Tenant(s) agree not to disturb other residents or neighbors of the property. 8) APPLIANCES: Tenant(s) understand that the appliances are the property of the landlord. tenant(s) agree that they are not permitted to remove any appliance from the property. If the tenant(s) removes any appliance, they will be prosecuted to the full extent of the law. The following appliances which are the property of the landlord are presently in the property: APPLIANCE MAKE & MODEL SERIAL NUMBER Refrigerator Range Microwave wtQ ?? Dishwasher J a a 1y,.) / ,r (Other) Initials:' Date: S Z y?- Page 4 9) UTILITIES: Landlord and tenant(s) are responsible to pay the following utility bills and maintenance for the residence as marked with an "x" in the blank: UTILITY SERVICE LANDLORD TENANTS Heat to be paid by Hot water to be paid by Electricity to be paid by Gas To be paid by Water to be paid by Sewer to be paid by Trash to be paid by Cable TV to be paid by Telephone to be paid by Snow removal done or paid by }C Lawn care done or paid by Tenant(s) agree to pay all utility bills for which they are responsible WHEN DUE. Landlord has no responsibility for providing any utilities that are to be paid by the tenant(s). If the tenant(s) are responsible to provide the heat, the premises must be kept above fifty-five (55) degrees to avoid damages to the premises. The tenant(s) that are responsible for the heat MAY NOT turn it off for any reason during the winter months of this lease. The landlord has the right to temporarily stop the service of electricity, water, or gas in the event of an accident or the need for a repair. Landlord will be responsible for the general maintenance of all plumbing, electrical, and heating systems and will make all repairs to these systems. If the repairs are necessary because of an improper action by the tenant(s), Tenant(s) will be charged for the repairs and/or replacement of the system(s) the tenant(s) have damaged. Landlord has no liability for failure to supply heat, air conditioning, hot water, or other services or utilities when it is beyond his control or during the time the services are being repaired. If the landlord provides and pays for heat, and windows or doors are found open during the period when the heating system is turned on, the tenant(s) will be charged fifty dollars ( $50.00 ) per occurrence. If the landlord must take care of the maintenance (Lawn care or Snow removal) that is identified as the responsibility of the tenant(s), Tenant(s) agree to pay the landlord or the landlord's maintenance staff at the rate of $32.50 per hour for the work completed by landlord for the tenant(s). If tenant(s) do not make the landlord aware of leaks and utility bills that are the landlord's responsibility are higher due to tenant(s) negligence, the difference in the average usage and the higher bill will be passed on to the tenant(s). 10) RIGHT OF ENTRY: Landlord or anyone allowed by the landlord has the right to enter the property at reasonable times for the following reasons: • Inspection of the property, • Making repairs or alterations, • Enforcing the lease, • Showing the property to future tenants or buyers, or • Verifying that all policies and rules set forth in this lease are being followed. If you call for service or schedule an appointment with the staff and do not allow for proper access to make these requested repairs, you will be charged for the service call. 11) DAMAGE BY FIRE OR OTHER CASUALTY: If the property is damaged by fire or other mishap, the landlord will repair the damages within a reasonable amount of time. Rent will continue unless the damage makes the property unlivable. If the property is unlivable for no more than thirty (30) days, and reasonable living quarters are provided to the tenant(s) by landlord or any charitable organization, their will be no the to the lease and the tenant(s) will continue to pay rent as agreed. If the property is unlivableNfor ore than thirty (30) days, tenant(s) may move out and end the lease after payment of all rent Initials: /K Q K? Date: S Z• C? ??. Page S and other charges due up to the date of surrender. If just a portion of the property is unlivable, the tenant(s) have the right to continue the lease and pay a prorated amount agreed to by the landlord and tenant(s) of the monthly rent until the property is repaired. This amount must be agreed to, in writing, by the landlord and the tenant(s). 12) LEAD PAINT DISCLOSURE: If the property was built before 1978, the following is the Lead Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built before 1978 must give the tenant(s) an EPA pamphlet titled Protect Your Family From Lead in Your Home. The landlord also must tell the tenant(s) and Broker for landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented. Landlord must tell the Tenant(s) how the Landlord know that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any landlord of a pre-1978 structure must also give the tenant any records and reports that the landlord has or can get about lead-based paint hazards in or around the property being rented, the common areas, or other dwellings in multi-family housing. The Act does not apply to housing built in 1978 or later. Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is espbcially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of know lead-based paint and lead-based paint hazards in the dwelling. Tenant(s) must also receive a federally approved pamphlet on lead poisoning prevention. Landlord initial one: Landlord does not know of any lead-based paint or lead-based paint hazards (dangers) on the property. OR Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the property. Landlord must explain what landlord knows about the lead-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give tenant(s) any other information landlord has about the lead-based paint and lead-based paint hazards. B Landlord initial one: A6Landlord has no reports or records about lead-based paint or lead-based paint hazards at the property: OR Landlord has given tenant(s) all available records, and reports about lead-based paint or lead-based paint hazards at the property. List records and reports: 'C. Tenant(s) initial all that are true: X Tenant(s) received the pamphlet Protect Your Family From Lead in Your Home Tenant(s) read the information landlord gave in paragraph (A) and (B) above. Tenant(s) received all records and reports that landlord listed in paragraph (B) above. D. Landlord and tenant(s) certify, by signing this Lease, that the information given is true to the best of their knowledee. initials-.- S'??bZ Date:- Page 6 13) LIEN SUBORDINATION: This lease is subject to any lien placed on any part of the property managed by the landlord. The tenant(s) rights are subordinate to the lien holder. 14) SALE OF THE PROPERTY: If property is sold, on the date of settlement, landlord will give tenant(s) in writing: (a) The name, address, and phone number of the new landlord. (b) Where rent is to be paid. (c) Tenant(s) understand that landlord will have no duties regarding this Lease after the property has been sold. (d) Landlord agrees to require any new landlord, as a condition of sale, to take on landlord's duties under this Lease and to honor them. 15) INSURANCE: Tenant(s) agree to provide their own renter's insurance for protection against loss and liability. Tenant(s) also agree that the landlord is not liable for property damage or personal injury occurring in the residence or anywhere on the property. Tenant(s) are not covered by the policy held by the landlord. The only exception to this rule is when the personal injury is caused by a direct act or negligence of the landlord. 16) PETS: No pets are allowed on the property even temporarily, unless marked with an "x" in the "yes" column at the end of this paragraph. Any tenant(s) found with a pet in their residence will be fined fifty (50) dollars per occurrence. Paying this fee does not allow the pet to be kept in the premises. There will be a pet addendum added to this lease for all permitted pets. Pet Addendum yes -X- no 17) WAIVER OF NOTICE TO QUIT: Tenant(s) agree to waive the usual notice to quit and agree to surrender possession of the premises at the end of the lease. Tenant(s) also specifically waive the right to a thirty (30) day notice of vacating the premises, and agree that an immediate notice is acceptable; if any action by the landlord to recover possession of the property is taken due to forfeit, non-payment of rent, or any other reason for default. 18) BREAKING THE LEASE (default): Tenant(s) have broken the lease if they : • Fail to pay rent when it is due, or • Fail to pay the landlord any other fee when it is due, or • Fail to keep all provisions or regulations spelled out in this. lease (paragraph 1-23), or • Fail to follow the Rules and Regulations listed after the lease agreement, or • Break any local, state, or federal law while residing at the property. 19) LANDLORD'S REMEDIES: If tenant(s) break the lease, the landlord may: • End the lease. Landlord will give tenant(s) a twenty four (24) hour written notice of eviction before starting any legal action. • Demand payment in full of past due rent, plus any late fees, plus rent due for the rest of the lease or until such time as the property is re-rented, plus damages, plus filing fees, plus any other fee due to the Landlord. • Sue the Tenant(s) for any additional damages, costs, expenses, and attorney's fees. • Have the courts take any property owned by the Tenant(s) and sell it to recover any unpaid debts owed to the landlord. NOTE: The landlord agrees to make reasonable efforts to reduce any damages by attempting to release the property, Initials: ?} Date: Page 7 20) JOINT AND SEVERAL LIABILITY: Tenant(s) agree and understand that by signing this lease agreement, each and every tenant is equally and fully responsible to follow each and every provision and regulation in this lease. Also, the landlord may selectively and inconsistently enforce any part of or the entire lease against any tenant individually or against any combination of tenants together. 21) NON-WAIVER OF REMEDIES: Tenant(s) agree that if landlord accepts rent or any other charges after they are due, or if landlord does not insist on strict enforcement of any other terms of this lease, this will not be considered a waiver of the right to enforce each term or condition of this lease strictly in the future. Landlord has the right to enforce or waive remedies inconsistently without establishing future policy. 22) SMOKING DAMAGES: Smoking is permitted in apartments. However, tenant(s) understand and agree that any damage caused or related to cigarette, pipe, or cigar smoldng, or any tobacco product shall not constitute normal wear and tear. Tenant(s) are responsible for any and all damages and/or costs for the cleaning or repairing of any damage cause by or related to tobacco products. This includes but is not limited to deodorizing the apartment, sealing and painting the walls and ceiling, and repairing or replacing the carpets and pads. 23) GENERAL: No oral / spoken promises, representations, or agreements have been made by the landlord or any of the landlord's representatives. This lease is the entire agreement between the landlord and tenant. Any representatives (including management, maintenance, or other personnel) do not have the authority to make promises, representations, or agreements which impose duties unless done so in writing. I have read and understand this lease agreement. Tenants Date Witness(s) S`7- /-/-o Z LANDLORD(S) SIGNATURE: Date Initials: 7 ??- l?G Date: SL`d Z Page 8 REGULATIONS No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the premises or elsewhere on the Landlord's property except as noted on the pet addendum. 2. Tenant(s), members of his (their) family and his (their) visitors will not at any time make any noise, do anything, or conduct themselves in any way which unreasonably disturbs any.other tenant(s) or neighbor(s) or unreasonably interferes with the rights, comfort, or conveniences of any other tenant(s) or neighbor(s). Musical or sound reproducing instruments or singing within the property must not be able to be heard outside of the property between 11 o'clock each night and 9 o'clock the following morning. No tenant(s) shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the premises or elsewhere in or upon the landlord's property. Damage to storm doors and windows due to negligence by tenant tenant's family or guests, will be the responsibility of the tenant(s). 4. No tenant(s) shall hang pictures on the was with any type of sticky adhesive. All pictures must be hung with the smallest possible nail or pin and this nail or pin hole must be filled in after the tenant(s) vacate the premises. Any and all damage to the walls will be the responsibility of the tenant(s). 5. Tenant(s) will use plumbing and electrical installations only for their intended purposes, will clean any stoppages and waste water lines, and will repair any damage caused by the neglect of the tenant(s). 6. Tenant(s) agree(s) that the landlord may reasonably change these regulations from time to time as may be required to protect the apartment or owner's other property or add to tenant's enjoyment of the unit. Tenant(s) are allowed only parking sp Multiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. 8. Washer/dryer will be permitted to be kept or used at premises: yes no_ Dishwasher will be permitted to be kept or used at premises: yes4 no_. 9. Trash removal on the exterior of the building shall be the responsibility of ALL tenant(s). At any time which the Landlord deems appropriate, an inspection may be made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH tenant will be assessed a charge of $5.00 per item which must be included in the following months rental payment. These items include but are not limited to: bottles, cans, plastic cups, boxes, tras h bags and any other item which woul reasonably be considered rubbish or trash. This clause is in effect for this leased premises: yes no 10. It is the tenant's responsibility to maintain all fire extinguishers and smoke detectors in good working condition at all times during the term of this lease. This means that you as the tenant(s) must replace smoke detector batteries when they no longer work and must have fire extinguishers refilled if they have been extinguished due to a negligent act of you the tenant(s) . Failu to maintain these systems as required in this paragraph will result in a $50.00 fine each Initials: Date: 5? ;?dZ Page 10 Date: 'S "Z?I--CTL- Tub/Shower(s) S inks/Countertops/Cabinets Miscellaneous Windows Window coverings (drapes, blinds) Carpet cleaning Carpet repairs Furniture removal Trash removal Wallpaper removal Painting Tile floors Holes in wall(s) $ 30.00 $ 35.00 $ 25.00 $ 50.00 $200.00 $100,00 $125.00 $100.00 $150.00 $350.00 $ 25.00 $ 75.00 REPLACEMENT CHARGES If any items are missing or damaged to the point that they must be replaced when you move out, you will be charged for the current cost of the items, plus labor and service charges. A representative list of replacement charges is provided on the next page. These are average prices. If it costs the Landlord more to replace an item, you will be responsible for paying the higher price. Please note that this is not an all-inclusive list; you can be charged for the replacement of items that are not on the list. Window glass Window screens Mailbox keys (lost or not returned) Fire extinguisher (1-1/2 lb. Size) Crisper covers Disposal Doors Light fixtures $150.00 Patio glass doors $ 150.00 $ 35.00 Patio screens $ 100.00 $ 25.00 Door keys (lost or not returned) $ 45.00 $ 35.00 Ice trays $ 3.00 $ 15.00 Refrigerator shelves & racks $ 30.00 $ 95.00 Mirrors (bath) $ 60.00 $100.00 Countertops $250.00 $ 50.00 Light bulbs $ 1.00 MILITARY ADDENDUM MILITARY CLAUSE: In the event the Landlord or Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Landlord receives permanent change of station orders to return to, or Tenant receives permanent change of station orders to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the Tenant is assigned government quarters then in any of these events such party may terminate this lease upon giving at least l(one) month's written notice to the other party which notice shall have attached a copy of official orders or a letter signed by the party's commander reflecting the change which warrants termination under this clause. Initials: V c?wN ??-r-LL PRoPfw'Tl?S C/O STERLING PROPERTY MGMT. 21 S. PITT ST. STE. # 1 CARLISLE, PA 17013 717-258-5800 TENANT(S) ... .. .. ... .. VAL.u2I E O L-ou a? mooo 2 /0N 4ot0 O-ARD S L-L , 1'9,9 1-70/3 LEASE RENEWAL TODAY'S DATE INV. # ORIGINAL LEASE DATE 05/0612004 os/? y/aG1p? REGARDING ADDRESS LOCATED AT R Li s 7D i3 THIS RENEWAL AGREEMENT IS A RIDER TO AND FORMS A PART OF THE ORIGINAL LEASE BETWEEN THE LANDLORD AND TENANT(S) AS LISTED ABOVE. THIS LEASE IS HEREBY EXTENDED FOR AN ADDITIONAL TERM OF TWELVE (12) MONTHS, COMMENCING AND ENDING AS STATED BELOW. THE NEW RENTAL RATE DURING THIS PERIOD IS ALSO AS FOLLOWS: ITEM DESCRIPTION £Nfw1tL . _ _. NEW RENTAL AMOUNT EXTENDED FROM EXTENDED TIL Do o ??a??a ooy a5?3/?a?5 ALL OTHER COVENANTS, CONDITIONS, RULES, REGULATIONS AND LEASE ADDENDUMS SHALL REMAIN IN EFFECT. IMPORTANT: IF YOU CHOOSE NOT TO RENEW YOUR LEASE FOR AT LEAST AN ADDITIONAL TERM OF TWELVE (12) MONTHS, YOUR RENTAL AGREEMENT WILL RENEW AUTOMATICALLY FOR A 60 DAY PERIOD AND CONTINUES TO RENEW FOR 60 DAY PERIODS UNLESS A WRITTEN TERMINATION NOTICE IS GIVEN IN r ACCORDANCE WITH YOUR ORIGINAL LEASE. YOUR NEW RENTAL RATE WILL BE AS FOLLOWS: HOLDOVER AMOUNT i$ 5 LANDLORD OR AGENT DATE JTIT(S) DATE EXHIBIT q d D 1 49 Statement Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 To: JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Date 10/6/2009 Amount Due Amount Enc. $18,761.53 Date / Transaction Amount Balance 12/31/2002 Balance forward 0.00 01/01/2003 INV #6. MONTHLY RENT 900.00 900.00 01/24/2003 PMT #553639935. CLOUD -900.00 0.00 02101/2003 INV #7. MONTHLY RENT 900.00 900.00 02/1412003 PMT #115 2. CLOUD -900.00 0.00 03/01/2003 INV #8. MONTHLY RENT 900.00 900.00 03/03/2003 PMT # 1183. CLOUD -900.00 0.00 03/07/2003 CHK 4nsf. 900.00 900.00 03/13/2003 CHK #NSF. 900.00 1,800.00 03/17/2003 PMT #382. CLOUD -900.00 900.00 04/01/2003 INV #9. MONTHLY RENT 900.00 1,800.00 04/03/2003 PMT #421. CLOUD -900.00 900.00 04/04/2003 INV #10. 300.00 1,200.00 04/09/2003 INV #12. 130.00 1,330.00 05/01/2003 INV # 13. MONTHLY RENT 900.00 2,230.00 05/05/2003 PMT #559396355. CLOUD -900.00 1,330.00 06/01/2003 INV #14. MONTHLY RENT 910.00 2,240.00 06/04/2003 PMT HMO - 6471. CLOUD -910.00 1,330.00 07/01/2003 INV #15. MONTHLY RENT 910.00 2,240.00 07/07/2003 PMT #6565. CLOUD -910.00 1,330.00 08/01/2003 INV # 16. MONTHLY RENT 910.00 2,240.00 08/05/2003 PMT #8154. CLOUD -910.00 1,330.00 09/01/2003 MV #17. MONTHLY RENT 910.00 2,240.00 09/03/2003 PMT HMO - 838725669. CLOUD -910.00 1,330.00 09/05/2003 INV # 18. 41.00 1,371.00 10/01/2003 INV #19. MONTHLY RENT 910.00 2,281.00 10/06/2003 INV #20. LATE FEES 44.10 2,325.10 10/06/2003 PMT HMO - 5037. CLOUD -910.00 1,415.10 10/31/2003 PMT #CASH. CLOUD -100.00 1,315.10 11/01/2003 INV #21. MONTHLY RENT 910.00 2,225.10 11/03/2003 PMT HMO - 655. CLOUD -10.00 2,215.10 11/03/2003 PMT HMO - 666. CLOUD -900.00 1,315.10 12/01/2003 INV #22. MONTHLY RENT 900.00 2,215.10 12/08/2003 PMT HMO - 600. CLOUD -200.00 2,015.10 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due CURRENT DUE DUE DUE PAST DUE 7,784.33 0.00 0.00 0.00 10,977.20 $18,761.53 1=yW WIT Statement Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 To: JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Date 10/6/2009 Amount Due I Amount Enc. Date Transaction 12/08/2003 PMT #MO - 548 3. CLOUD 12/08/2003 PMT #MO - 547 4. CLOUD 01/01/2004 INV #23. MONTHLY RENT 01/02/2004 PMT #CASH. CLOUD 01/30/2004 PMT#CASH. CLOUD 02/01/2004 INV #24. MONTHLY RENT 02/03/2004 PMT #CASH. CLOUD 03/05/2004 MV #25. 03/05/2004 PMT #921053. CLOUD 04/01/2004 INV #26. MONTHLY RENT 04/0112004 PMT #CASH. CLOUD 05/01/2004 INV 427. MONTHLY RENT 05/04/2004 PMT #CASH. BROWNEWELL 06/01/2004 INV #28. MONTHLY RENT 06/03/2004 INV #29. FITZPATRICK INVOICE FROM 10127/03 06/04/2004 PMT #MO - 897. CLOUD 06/04/2004 PMT 94896. CLOUD 07/01/2004 INV #30. MONTHLY RENT 07/06/2004 PMT #MO - 870. CLOUD 08/01/2004 INV #31. MONTHLY RENT 08/05/2004 PMT #MO - 3017. CLOUD 09/01/2004 INV #32. MONTHLY RENT 09/07/2004 PMT #MO - 190. CLOUD 10/01/2004 INV #33. MONTHLY RENT 10/06/2004 PM'T #MO - 798. CLOUD 11/01/2004 INV #34. MONTHLY RENT 11/05/2004 PMT #MO - 3073. CLOUD 12/01/2004 INV #35. MONTHLY RENT 12/06/2004 PMT #MO - 940. CLOUD 01/01/2005 INV #36. MONTHLY RENT 01/05/2005 PMT #MO - 3101. CLOUD 02101/2005 INV #37. MONTHLY RENT 02/05/2005 PMT #MO - 3116. CLOUD 03/01/2005 INV #38. MONTHLY RENT CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST DUE DUE DUE $18,761.53 Amount Balance -410.00 -500.00 900.,00 -1,010.00 -100.00 900.00 -900.00 910.00 -910.00 910.00 -910.00 910.00 -910.00 915.00 102.00 -415.00 -500.00 915.00 -915.00 915.00 -915.00 915.00 -915.00 915.00 -915.00 915.00 -915.00 915.00 -915.00 915.00 -915.00 915.00 -915.00 915.00 OVER 90 DAYS I Amount Due PAST DUE 7,784.33 0.00 0.00 0.00 10,977.20 $18,761.53 Page 2 Statement Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 To: JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 31-60 DAYS PAST 61-90 DAYS PAST DUE DUE Transaction $18,761.53 Date / 03/08/2005 04/01/2005 04/05/2005 04/08/2005 04/13/2005 04/28/2005 05/17/2005 06/01/2005 06/03/2005 07/19/2005 07/19/2005 09/28/2005 01/24/2006 03/13/2006 10/02/2006 10/06/2006 10/24/2006 11/3012006 10/06/2009 10/06/2009 CURRENT 7,784.33 Amount Due Amount Enc. INV 440. LATE FEE INV #39. MONTHLY RENT INV #41. LATE FEE PMT # 1585. SEIZED SECURITY INV #50. WORK ORDER 809 INV #51. WORK ORDER 832 INV #42. WORK ORDER 823 INV #43. WORK ORDER 826 INV #44. KOUGI-I'S OIL SERVICE - FILL TANK INV #45. WORK ORDER 1072 INV #46. WORK ORDER 1048 INV #52. WORK ORDER 4120 INV #55. DAMAGES PMT INV #77. Finance Charges 5/1/05 - 10/1/06 PMT #5570580302. Cloud PMT PMT #5601956361. Money Gram INV 9464. 2007-2008 finance charges INV #465. 2009 finance charges 1-30 DAYS PAST DUE 0.00 Date 10/6/2009 Amount 91.50 915.00 91.50 -900.00 81.25 48.75 65.00 2,265.26 481.62 51.62 1,587.25 835.88 1,589.42 -50.00 2,076.05 -50.00 -40.00 -75.00 5,189.01 2,595.32 OVER 90 DAYS PAST DUE 0.00 1 0.00 I 10,977.20 Balance 2,003.60 2,918.60 3,010.10 2,110.10 2,191.35 2,240.10 2,305.10 4,570.36 5,051.98 5,103.60 6,690.85 7,526.73 9,116.15 9,066.15 11,142.20 11,092.20 11,052.20 10,977.20 16,166.21 18,761.53 Amount Due $18,761.53 v agu , Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 I Bill To I JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 5/17/2005 42 P.O. No. Terms Project Quantity Description Rate Amount Work Order 823 - check & repair roof where satellite dish was attached, restart oil furnace 65.00 65.00 Total $65.00 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 6/1/2005 43 P.O. No. Terms Project Quantity Description Rate Amount Work Order 826 - r&r soap holder in bathtub (tile), r&r'fisV hole in upstairs bedroom & all nail holes throughout rooms (mud, spackle, sand, primer, paint), r&r light bulbs (5), r&r window screens (4), mow, weed, rake & bag grass 2,265.26 2,265.26 Total $2,265.26 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 6/3/2005 44 P.O. No. Terms Project Quantity Description Rate Amount KOUGH'S OIL - FILL TANK 481.62 481.62 Total $481.62 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 7/19/2005 45 P.O. No. Terms Project Quantity Description Rate Amount Work Order 1072 - 8" burner & drip pans for stove 51.62 51.62 Total $51.62 Sharon Brownewell C/O Sterling Property Management; Inc: 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 \? Invoice Date Invoice # 7/19/2005 46 P.O. No. Terms Project Quantity Description Rate Amount Work Order 1048 - repair wood work (kitchen, living room, dining room, staircase), paint, caulk, r&r blinds, light covers 1,587.25 1,587.25 Total $1,587.25 Sharon Brownewell C/0 Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 4/13/2005 L50 P.O. No. Terms Project Quantity Description Rate Amount I Work Order 809 - gain access to house left'abandoned' by tenant to close window left open by tenant 81.25 81.25 Total $81.25 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 4/28/2005 51 P.O. No. Terms Project Quantity Description Rate Amount Work Order 832 - pick up trash left by tenant outside unit 48.75 48.75 Total $48.75 Sharon Brownewell C/0 Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 9/28/2005 52 P.O. No. Terms Project Quantity Description Rate Amount Work Order 4120 - replace door, r&r kitchen cabinets (from dog chewing), r&r 'bread box' (from dog chewing) (Supplies $413.38) 835.88 835.88 Total $835.88 Sharon Brownewell C/O Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Bill To JIM ANTHONY CLOUD VALERIE CLOUD 901 SADLER COURT CARLISLE, PA 17015 Invoice Date Invoice # 1/24/2006 55 P.O. No. Terms Project Quantity Description Rate Amount 3/7 of total cost of carpet replacement - $3200 - unauthorized pet damage Paint Front Door - damaged by dog r&r exterior hose bib - damaged by allowing hose connected & freezing 1,371.42 50.00 168.00 1,371.42 50.00 168.00 Total $1,589.42 Brownewell Properties Invoice Date Invoice # 04/04/2003 10 Bill To JIM ANTHONY CLOUD VALERY CLOUD 22 MOUNT ZION RD CARLISLE, PA 17013 P.O. No. Terms Project Quantity Description Rate Amount 4 4 NSF FEE LATE FEE 30.00 45.00 120.00 180.00 f Total $300.00 Y 800 21 South Pitt St. Suite #1 1 gw(am: ; (717)258-5805 AnteMelenimAng Phone: (717) 258-5 z Carlisle, PA 17013 Entail: jmadlet@pant January 24, 2006 I, Jim Anthony Cloud, hereby agree to pay $50.00 every two weeks, beginning Feb 24, 2006, toward the balance owed for the property located at 22 Mount Zion Road for the next 18 months. I agree to increase my payment by at least $100 per month until the remainder owed has been paid in full. Witness " '-? 7 /' Z; ? ?? - .WK Anthony loud Balance as of 01/31/06: $ EXHIBIT a a 3 VERIFICATION 1, Sharon Brownewell, hereby verify that the statements set forth in the attached Complaint are true and correct to the best of my knowledge, information, and belief. I make the statements therein subject to 18 Pa. C.S. 4904 regarding unsworn falsification to authorities and the penalties relating thereto. Date: f 1/0 69 Sharon Brownewell VINCENT B. MANCINI & ASSOCIATES BY: LEE A. STIVALE, ESQURE I.D. # 46511 414 E. BALTIMORE PIKE MEDIA, PA 19063 610-566-8064 Attorney for Plaintiff .~ +y +•=~f` n-U~r~ ~~ 7HE `~~~14~TARY 7~~Q KAY 1 ~ ~~1 ~~ V~ CUM+~~ . a~>ii ~~~iJ#VTY PEN~~S`2V~^~v;A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SHARON BROWNEWELL Plaintiff, NO. 10-179 v. JAMES ANTHONY CLOUD Defendant, and ASSUMPSIT VALERIE A. CLOUD Defendant. REPLY TO NEW MATTER 24. Plaintiff incorporates herein paragraphs one (1) through twenty three (23) inclusive as though fully set forth at length. 25. Denied. The entire complaint was served upon the Defendant. With copy of this reply, another copy of the Complaint will be served upon Defendant Valerie A. Cloud. 26. Admitted. 27. Admitted. 28. Admitted. 29. Admitted. 1 30. - 31. Denied as a conclusion of law to which no response is required. By way of further response, Defendant Jim Anthony Cloud amended the Lease Agreement (Exhibit "A") by his written agreement dated January 24, 2006, to satisfy amounts due and owning under the Lease Agreement by making payments of "$50.00 every two weeks, beginning February 24, 2006." A copy of the amendment is attached as Exhibit "D." Upon belief, Defendant Jim Anthony Cloud was acting as agent for Defendant Valerie A. Cloud when he entered in the amendment and agreed to make payments as described above. Defendant Jim Anthony Cloud in furtherance of the Lease Agreement, as amended, made four payments as follows: (a) fifty ($50.00) dollars on March 13, 2006; and (b) fifty ($50.00) dollars on October 6, 2006; and (c) forty ($40.00) dollars on October 24, 2006; and (d) seventy five ($75.00) dollars on November 30, 2006; and Defendant Jim Anthony Cloud and Valerie A. Cloud are in material breach of the Lease Agreement, as amended, by failing and refusing to make the periodic payments. Therefore, as a matter of law, the applicable statute of limitations is not tolled in May 2009. Respectfully submitted, ......._ 2 LEE A. STIVALE, ESQUIRE Attorney for Plaintiff. VERIFICATION I, LEE A. STIVALE, ESQUIRE, verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LEE A. STIVALE, ESQUIRE S t r I~ n Phone: (717, 258_5800 21 South Pitt St, Suite #! 1 gam; (717}258-5805 Carlisle, PA 17013 Etnail: jmadle~a panel property~anaeemeniy I January 24, 2006 I, Jim Anthony Cloud, hereby agree to pay $50.00 every two weeks, beginning Feb 24, 2006, toward the balance owed for the property located at 22 Mount Zion Road for the next 18 months. I agree to increase my payment by at least $140 per month until the remainder owed has been paid in full. Y y \ ~~V _. Witness Anthony loud Balance as of 01/31/06: $ CERTIFICATE OF SERVICE I, LEE A. STIVALE, ESQUIRE, hereby certify that I served a true and correct copy of a Reply to New Matter to the following via regular mail on May 11, 2010. James A. Cloud 1338 Bryn Mawr Road Carlisle, PA 17013 By: Valerie A. Cloud 1605 Wilson Avenue Lancaster, PA 19603 SHARON BROWNEWELL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES ANTHONY CLOUD AND VALERIE A. CLOUD, DEFENDANTS 10-0179 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2010, this matter arises from plaintiff, Sharon Brownewell's suit against defendants, Jim A. Cloud and Valerie A. Cloud, for breach of a lease agreement. Both defendants have asserted statute of limitations defenses. Previously, the court denied Mr. Cloud's request to dismiss on those grounds, explaining: Defendant, James Anthony Cloud, argues plaintiffs suit arises from the breach of a lease agreement occurring in May 2005 and is therefore time-barred by the applicable four-year statute of limitations. However on January 24, 2006, defendant signed a document both acknowledging his debt and agreeing to a payment plan to satisfy the debt. This a greement constituted a "clear, distinct and unequivocal acknowledgment of fthe debtl as an existing obligation" consistent with a promise to pay , thereby tolling the statute of limitations. Thus, plaintiffs complaint, which was initiated January 5, 2010, is timely filed within the applicable four-year limitation period. Order of Court, March 16, 2010, 10-0179 Civil Term (citations omitted) (emphasis added). Plaintiff now argues Mr. Cloud was acting as Ms. Cloud's agent when he entered the January 2006 agreement, thereby tolling the statute of limitations as to her as well. The court disagrees. 10-0179 CIVIL TERM On May 23, 2005, Mr. and Ms. Cloud entered into apost-nuptial agreement. Therein, the Clouds agreed, in relevant part, that: PAST AND FUTURE DEBTS. Each of the parties hereto covenants and agrees that he and she have not in the mast and will not at any time in the future incur or contract any debt, charge or liability whatsoever for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenant at all times to keep the other free. harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. Cloud Postnuptial Agreement at ¶14 (emphasis added). The Cloud's agreement, predating Mr. Cloud's acknowledgment of his debt to plaintiff by roughly seven months, clearly precludes Mr. Cloud from acting as Ms. Cloud's agent or incurring any debt or liability on her behalf. Accordingly, the court concludes the statute of limitations was not tolled as to Ms. Cloud and plaintiffs suit is time- barred. Plaintiffs complaint against Ms. Cloud is dismissed. By the Court, Albert H. Masland, J. V Lee A. Stivale, Esquire For Plaintiff ~ James Anthony Cloud, Pro se 1338 Bryn Mawr Road Carlisle, PA 17013 Valerie A. Cloud, Pro se 1605 Wilson Driue Lancaster, PA 17603 sal c~ ~. ~ `~~ _~ ~ ..~ 4`~ t ~ ".. ~_~; , r_ t ~~ t_, ...-- ~, _ ~ ~.'. _ _ _ w -~ ~ , _ , c~~ .,.; - _ ~ .. ._a n.: =: -2- SHARON BROWNEWELL, Plaintiff V. JAMES ANTHONY CLOUD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 0179 CIVIL TERM ORDER OF COURT AND NOW, this 8TH day of FEBRUARY,. 2011, a pretrial conference in the above captioned matter is SCHEDULED for At444 3 , IP-0 ( / Ir k'-3o,4'M • in Courtroom # 3 of the undersigned judge, Cumberland County Courts-ouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. /LEE A. STIVALE, ESQUIRE 414 EAST BALTIMORE PIKE MEDIA, PA 19063 I JAMES ANTHONY 710 HILLSIDE CARLISLE, PA JAMES ANTHONY 181 YORK ROAD CARLISLE, PA CLOUD DRIVE 17013 CLOUD 17013 MW DVb COURT ADMINISTRATOR-in bin B he Court Edward E. Guido, J.? r ? - c) a , 3 Z Y C. u, ma w LS i c: :sld SHARON BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES ANTHONY CLOUD, Defendant NO. 2010-0179 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of March, 2011, a bench trial in this matter is scheduled for Thursday, May 12, 2011, at 1:00 p.m., in Courtroom Number 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edward E. Guido, J. V/Lee A. Stivale, Esquire 414 East Baltimore Pike Media, PA 19063 ? James Anthony Cloud 710 Hillside Drive Carlisle, PA 17013 ,James Anthony Cloud 181 York Road Carlisle, PA 17013 ,?Tie.s f?l? 317 ' DO Court Administrator tip . . r --- y d'T"e srs SHARON BROWNEWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES ANTHONY CLOUD, Defendant NO. 2010-0179 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of May, 2011, after hearing, we find in favor of Plaintiff and against Defendant James Anthony Cloud in the amount of $16,296.34, which is in accord with the damage summary contained as part of Exhibit No. 1, plus costs. By the Court, Edward E. Guido, J: Lee A. Stivale, Esquire Vincent B. Mancini & Associates 414 East Baltimore Pike Media, PA 19063 V James Anthony Cloud 710 Hillside Drive Carlisle, PA 17013 James Anthony Cloud 181 York Road Carlisle, PA 17013 50/11 n " r:D ZI M .- :;f _`p m 4 w -,rj srs