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HomeMy WebLinkAbout10-16090-ft 'k COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I COMMON PLEAS No. I Q -1&0 UlVt L 11n,_ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. JCi,Pa(of- Acs - /YQ?L Peierso s7 ? of- /40?` Ac ter, ADDRESS' APPELLANT CRY llll /a, STATE ZIP CODE DOCKET No. SW^ APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 101(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after tiling the NOTICE of APPEAL. d nOplAy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to No a complaint in this appeal (Common Pleas No. 0 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. agwv RULE: To . appellees) Name ofaAw#s*( (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. A, A I Date: .20 )O &W tWA • sow t - ofP-0-twy -Dwdy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE -A% PROOF OF SERVI E-9F NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED I I */;V TEN (10) BAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 VINVAIASNN3d h I .) Nd 8- HVW 0102 1 UVIONMOW 3H1 dC 3:DU70-OP3 't `*C,0kMONWEALTH OP PENT SYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No.. 09-l-02 MDJ Name: Hon ROGER "A. 11&?P._ Address: 1901 ST1lfFE ST CAMP HILL, PAS Telephone (717) 761.,-0583 JENNIFER JONES 1 3527 SEPTEMBER DR APT/STE CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS tCAMP HILL PLAZA APARTMENTS -71 121 NOVEMBER DIk SU r--? * ?i LCA P) . ' 0 _s J DEFENDAYr ( `..,NAME and ADDRESS P zk! 60* ? ,kA?C,, ET ' ,3,527 ,3'$P gR_-R_ APT iSTE 6 L?AP? 17 ? 11?. ?kO i N6.; L ? 1-10 Date Filed. 2/-16/10 J J THIS IS TO NOTIFY YOU THAT: ?? efdt - J=TF e R Judgment was entered for: (Name) CAMP HILL PLAZA APARTMENTS Judgment was entered against PETERSON, MARC in a 0 Landlord/Tenant action in the amount of $ 1, 654.56 on 2/25/10 (Date of J udgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 1, 079 .00. The total amount of the Security Deposit is $ 1,079.00 Jotial Amount Established bar MDJ Less Security Deposit Applied Rent in Arrears $ 1, 528.06-$ .00 = Physical Dama?gs s L?eamibiMP46 t? v 8 = Adjudicated Amount $ 1,528.06 r Damages/Unjust Detention $ rc .00 _ $ .00= 0o - $ = $ .00 00 Less Amt Due Defendant from Cross Complaint - $ -an $ 00 Interest (if provided by lease) $ n0:. Attachment Prohibited/ L/T Judgment Amount _ $T-1 g2n o6 ? Judgment Costs 42 Pa.C.S. § 8127 Attorney fees $ ; .. 126-50 $ ? This case dismissed without prejudice. Total Judgment AO $ 1,654.56 X? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certlfled'Judgment Total $ ? , Possession granted if money judgment is no sa Isle by Time o evlc Ion. ? Possession not granted ? Defendants are jointly and severally liable IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS HE RIGHT TOAPPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF'CO'MMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE AP,P.,,4ANT,,MUST, DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT,ACTbALLY IN ARREARS ON THE DATE THE APPEAL IS FILEO:''HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P..M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES. REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY TH,E MONEY PORTION OF A JUDGMENT INVOLVING KPIESIDENTIA? LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JurbGMENT.IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE t OTICE'`OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE CURT OF F COMMON PLEAS AND NO FORTHER PROCFSS MA oBE SUED BY THE MAGISTERIAL D19TRIC PRO DGE MUST COME FROM THE COURT ' O UNLESS THE JUDGMENT IS ENTERED Ipi'THE COURT OF COMMON PLEAS, ANYONE INTEREST:E%1* JUgPMENT MAY FILE A REQUEST FOR ENTRY-OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE J1111 ENT DEB..TQRPAYS IN FULL, t 7197 SETTLES, OR OTHERWISE COMPLIES WIT H THE JUDGMENT = t?••, , r - 23e_,,_ Date rsterial District Judge c I y t at this is a true an correct cnnv n P rPCnr r% + o nr^,.oo ,- , ... . . Date Ma!rsterial District Ju My commission expires first Monday of JanuarY AOPC 315A-08 , 2011• N, SEAL ? ??veo? ,???c o /? ???I? a' IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 10- UP01 CIVIL TERM JENNIFER JONES, / I P& PFrOt So ." Defendant S c r °- T, CO mc -? PRAECIPE TO PROCEED IN FORMA PAUPERIS ? A orn C To the Prothonotary: r 'z,t/t h(tr K l??-rkS r? Kindly allow JENNIFER JONES%to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: 3/8/2010 Geoffrey M. Biringer MIDPENN LEGAL SERVI ES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF: oun Of ?.? C ty I I VS. DEFENDANT: NAME and ADDRESS /70// ? Common Pleas Docket No. TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J.N?10?8C(2) Z ? t4; `) PA' r7v`I ?nr?f o??s?. 3 ?Cpte>r, ?cr?-?ve, (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. ) y total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (I FP) affidavit to verify this. I/harrae. IJt (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. '3 1 pi /;_0'0 Date SIG UR F A fqr NAME and ADDRESS AOPC 312-08 (B) U.S. Postal Service,,, U.S. Postal Service,r, • , co MAIL,,, RECEIPT CERTIFIED MAIL,,, RECEIPT N CQ (Domestic r- (Domestic Mail Only, No insurance Co!eeragj Provided) Ln in r 1juTj it postage S 6__ a' stage I $'. - I _.. erlifiea Fee certified Fee j 2+ j 2. p Q , C3 g0 _ P{m C3 Retwn 9eceiptFee / »'?AQ?' tyl8t? ; M Return Receipt Fee (Endorsement Required) (Endorsement Required) Here C3 C3 +/• / Q -? n Restricted Delivery Fee 22 Restricted Delrehry Fee y+ ?.. p Endorsement Required) O (Endorsement Required) ( tf1 i Lr7 rru Total Postage & Fees $? 3 rLi Total Post age $ Fees $ 3 J Q" [eet, " Sent To p Apt. o:; Spt o O Box No. lZ C3 I A, z? - ' r`- or box No. __.- State, ZIP+4 ! - ------------------ --- City State.:?iP+4 tio,?s S-1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA?F PE SY ANtA COUNTY OF ,,,,??;" ; ss AFFIDAVIT- I hereby (swear) ?gMAt `hat I served 1frJ a copy of the Notice of Appeal, Common Pleas -` f, upon the District Justice designated therein on (date of service) , 200?0 , ? by personal service 2 /by (certified) (r96ist&edf mail, sender's receipt attached hereto, and upon the appellee, (name) 4S ., on 20 /? ? by personal service by (certified) ( ) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND 51J,BSCRIBEE) BEFORE ME HIS !p'k -DAY OIF,__??ldp20?. Agnature of want Signs, sdfioiefbefaPRvta?a_ was ad 20 f _ f7 +v C o C= ` - , L r a D:r rn m O tV +J '^C COHEN & WILLWERTH, P.C. ROBERT J. WILLWERTH, ESQUIRE Id ntification No. 72734 V-JENEL R. MARRACCINI, ESQUIRE Identification No. 93457 TNr ' AkFaY Attorney for Plaintiff 2?101rtt 18 F,t 1. 50 ' : CUVI: 660 Second Street Pike Southampton, PA 18966 Telephone No. (215) 887-8100 CAMP HILL ASSOCIATES LLC: general partner COURT OF COMMON PLEAS t/d/b/a CAMP HILL PLAZA PARTNERS, LP CUMBERLAND COUNTY c/o MORGAN PROPERTIES, INC. 121 November Drive, Suite Camp Hill, PA 17011 v : NO. 10-1609 JENNIFER JONES and MARC PETERSON and all other occupants 3527 September Drive, Apartment 6 Camp Hill, PA 17011 COMPLAINT - CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en la paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. A demas, la corte puede decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service (717) 249-3166 ASOCIACION DE LICENCIADOS DE CUMBERLAND COUNTY (717) 249-3166 COHEN & WILLWERTH, P.C. ROBERT J. WILLWERTH, ESQUIRE Identification No. 72734 JENEL R. MARRACCINI, ESQUIRE Identification No. 93457 660 Second Street Pike Southampton, PA 18966 Telephone No. (215) 887-8100 Attorney for Plaintiff CAMP HILL ASSOCIATES LLC: general partner COURT OF COMMON PLEAS t/d/b/a CAMP HILL PLAZA PARTNERS, LP CUMBERLAND COUNTY c/o MORGAN PROPERTIES, INC. 121 November Drive, Suite 1 Camp Hill, PA 17011 v NO. 10-1609 JENNIFER JONES and MARC PETERSON and all other occupants 3527 September Drive, Apartment 6 Camp Hill, PA 17011 : CIVIL ACTION APPEAL COMPLAINT Plaintiff CAMP HILL ASSOCIATES LLC, general partner, t/d/b/a CAMP HILL PLAZA PARTNERS, LP, c/o MORGAN PROPERTIES, INC., by and through its attorneys Cohen & Willwerth, P.C., hereby files this Civil Action Appeal Complaint and in support thereof avers as follows: 1. Plaintiff, Plaintiff CAMP HILL ASSOCIATES LLC is the general partner of CAMP HILL PLAZA PARTNERS, LP a Pennsylvania limited partnership which is managed by MORGAN PROPERTIES, INC. (hereinafter referred to as "CAMP HILL PLAZA"), with an address for business purposes as set forth hereinabove. 2. Defendant JENNIFER JONES is an adult individual and resident of the Commonwealth of Pennsylvania with a resident address as set forth in the caption hereinabove. 3. Defendant MARK PETERSON is an adult individual and resident of the Commonwealth of Pennsylvania with a resident address as set forth in the caption hereinabove. 4. Defendants Jennifer Jones and Marc Peterson are hereinafter collectively referred to as "Tenants." 5. Camp Hill Plaza, during all relevant times hereto, is and has been the record owner of the property known as 3527 September Drive, Apartment 6, Camp Hill, PA 17011. 6. On or about October 2, 2009, Camp Hill Plaza and Tenants entered into a lease agreement commencing on October 2, 2009 and expiring on October 31, 2010. A true and correct copy of the lease agreement is attached hereto, made a part hereof and marked as Exhibit «A " COUNT I - NON-PAYMENT OF RENT 7. Plaintiff incorporates by reference the allegations contained in the above paragraphs as though the same were fully set forth herein at length. 8. On or about February 8, 2010, Camp Hill Plaza served Tenants with a notice to vacate the property for failure to pay rent when and as due. A true and correct copy of said Notice is attached hereto, made a part hereof and marked as Exhibit "B." 9. On or about February 16, 2010, as a direct result of Tenants' repeated failure to pay rent when and as due, Camp Hill Plaza filed a Landlord and Tenant Complaint with District Court 09-1-02. A true and correct copy of the Landlord and Tenant Complaint is attached hereto, made a part hereof and marked as Exhibit "C." 10. Despite repeated requests and demands for payment, Tenants have repeatedly failed to remit rent payments to Camp Hill Plaza, when and as due. 11. To date, the following sums are due to Camp Hill Plaza from Tenants for rent, late fees and unpaid court cost, all of which are in accordance with the parties lease agreement: January - March rent @ $1079.00 per month 3,237.00 January - March late fees @ $107.90 per month 323.70 January - March Utilities 1,022.80 Unpaid prior court cost 493.00 SUBTOTAL: $5,076.70 Less payments (1,658.81) TOTAL DUE PLAINTIFF: $3,417.69 12. In accordance with the Lease Agreement, Tenants is responsible for all ongoing rent in the amount of $1079.00 beginning April 1, 2010 and continuing through the pendancy of this action. 13. In accordance with the Lease Agreement, Tenants is responsible for all ongoing late fees in the amount of $107.60 on April 6, 2010 and continuing through the pendancy of this action. 14. In accordance with the Lease Agreement, Tenants is responsible for all ongoing utilities beginning April 2010 and continuing through the pendancy of this action. 15. In addition to the financial losses referred to in the preceding allegation, Plaintiff has incurred additional legal fees through the time of filing this Complaint in the amount of one thousand five hundred dollars ($1,500.00). 16. In accordance with the Lease Agreement, Tenant is responsible for all legal fees and/or court costs incurred by Plaintiff in connection with the attempted recovery of possession of its unit and of monies owed, due to breach of Lease by Tenants. 17. Plaintiff will continue to accrue attorney's fees at a reasonable rate through the pendancy of this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor as follows: (a) For money damages of $3,417.69; and (b) For ongoing rent in the amount of $1,079.00 per month, beginning April 1, 2010; and (c) For ongoing late fees in the amount of $107.90 per month, beginning April 6, 2010; and (d) For ongoing utilities beginning April 2010; (e) For legal fees in the amount of $1,500.00 in addition to those incurred throughout the pendancy of this matter; (e) For all record costs of this action; and (f) For all other costs and fees that this Court may deem appropriate. COUNT II - POSSESSION BASED ON NON-PAYMENT OF RENT 18. Plaintiff incorporates by reference the allegations contained in the above paragraphs as though the same were fully set forth herein at length. 19. Tenants have repeatedly failed to remit rent payments to Camp Hill Plaza, when and as due. 20. On or about February 8, 2010, Camp Hill Plaza served Tenants with a notice to vacate the property for failure to pay rent when and as due. See Exhibit "B." 21. As a direct result of Tenants' failure to remit rental payments, Camp Hill Plaza is entitled to recover possession of the premises. WHEREFORE, Plaintiffs respectfully requests judgment for possession of the property, 3527 September Drive, Apartment 6, Camp Hill, PA 17011, immediately, plus the costs of this proceeding, based on non-payment of rent. COUNT III - POSSESSION BASED ON BREACH OF THE LEASE CONDITIONS 22. Plaintiff incorporates by reference the allegations contained in the above paragraphs as though the same were fully set forth herein at length. 23. Tenants have repeatedly failed to remit rent payments to Camp Hill Plaza, when and as due resulting in numerous landlord and tenant filing against Tenants. 24. On or about February 8, 2010, Camp Hill Plaza served Tenants with a notice to vacate the property for failure to pay rent when and as due. See Exhibit "B." 25. As a direct result of Tenants' habitual failure to remit rental payments, Camp Hill Plaza is entitled to recover possession of the premises based on this material breach of the lease agreement. WHEREFORE, Plaintiffs respectfully requests judgment for possession of the property, 3527 September Drive, Apartment 6, Camp Hill, PA 17011, immediately, plus the costs of this proceeding, based on breach of the lease conditions. Respectfully submitted, COHEN & WILLWERTH, P.C. l R. MARRACCINI, ESQUIRE for Plaintiff ANDREW KAEHLER, being duly affirmed according to law, deposes and says that she is the agent of CAMP HILL ASSOCIATES LLC, general partner, t/d/b/a CAMP HILL PLAZA PARTNERS, LP, c/o MORGAN PROPERTIES, INC., Plaintiff named herein; that as such, she is authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct, based upon her personal knowledge, information and belief. This Verification is given pursuant to 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities and the penalties therefore. CAMP HILL ASSOCIATES LLC, general partner, t/d/b/a CAMP HILL PLAZA PARTNERS, LP, c/o MORGAN PROPERTIES, INC. B Y: l '?! ANDREW KAEHLER (Agent) EXHIBIT A Apartment Lease For: 3527 Se;- .,nber Drive Apt. 6, Camp Hill, PA 1% Date of Term of Lease Security Unit Lease Beginning Ending Monthly Rent Deposit Address Type 10/2109 10/2109 10131110 $1079.00 $1079.00 S35276 362 Tenant(s) Jennifer Jones Rules and Reguldtions Marc Peterson Utility Addendum Mold Addendum Lead Addendum Discount Addendum MORGAN PROPERTIES, INC. TENANTS TOGET?fER AND INDIVIDUALLY Agents for Camp Hill Plaza - T rant Date Agent Repre'sentabve Andrew J Kaehler Tenant Date Property Manager Landlord agrees to rent to Tenant the "Leased Unit" on the following terms as described above Total Rent for Lease Term' $13,.99219 Rent for Each Month- $1079 00 + $5.00 (trash)= $1084.00 Tenant must pay rent to Landlord or Agent for Landlord by the first (1") day of every month at 121 November Dr Camp Hill PA 17011. If Tenant's check is returned by the bank, Tenant will pay a charge of $25.00 as additional rent. If any of the rent is not paid by the fifth (5'") day of the month, Tenant must pay a late fee of 13% of total monthly rent. 2. SECURITY DEPOSIT Tenant has paid to Landlord a security deposit of $1079.00 as security that Tenant will perform his, her obligations under this Lease Landlord may use the security deposit to pay for losses or damages caused by Tenant's breach of this Lease. Tenant may not use the security deposit to pay the rent for the Leased Unit. Landlord may keep the security deposit if Tenant fails to make rental payments or if Tenant leaves before the end of the Lease Term. Tenant may not apply the Security Deposit to any installation of the monthly rent. Landlord will deposit the security deposit at Citizens Bank. Tenant must vacate the Leased Unit ? nd give Tenant's new address to Landlord in writing before Tenant is eligible for return of the security deposit. 3. UTILITIES Tenant agrees to pay Water, Sewer, Trash, Electric & Gas. Tenant agrees to place all utilities in the name of the Tenant and agrees to pay all bills when due Landlord is not responsible for any inconvenience or toss caused by interruption of any utilities services. 4. USE AND OCCUPANCY (a) Tenant will personally use and continuously occupy the Leased Unit as a residence for Tenants and one (1) other person. Only the following person(s) may reside in the Leased Un1L Jennifer Jones, Marc Peterson, Alicia Peterson-Mazzola, Kiara Peterson-Mazzola, Alex Peterson-Mazzola, and Kaley Peterson-Mazzola. It is a breach of this Lease to have any reason(s) living in the Leased Unit who is (are) not listed in this Paragraph (b) Tenant will not remove or attempt to remove tenant's personal property without first paying to Landlord alt rent due for the balance of this Lease. (C) Tenant will notify Landlord in advance if Tenant intends to be away from the Leased Unit for more than ten (10) days. (d) Tenant will comply with all statutes, laws, ordinances and regulations. Tenant will not keep anything, which is dangerous in the Leased Unit. Tenant will not conduct any dangerous activity in the building Tenant will not do anything, which might increase the danger to the Leased Unit or to other occupants in the buildlncl. (e) Tenant will not act in any way, which unreasonably disturbs the peace and quiet of other residents or of Landlord or Agent. PALEASE-911196 --- Page 1 :' /' ?? Ill 1 Indials _. J 5. POSSESSICN Landlord will make a good faith effort to make the Leased Unit available to Tenant on the day this Lease is scheduled to begin If any delay does occur, no rent is due until the Leased Unit is available to Tenant. Tenant can end this Lease by written notice to Landlord by certified mail, return receipt requested, if the Leased Unit is not available within ten (10) days after the Lease beginning date Tenant's only remedy is to end the Lease. Landlord is not responsible for any inconvenience, loss or damage if there is any delay in making the Leased Unit available to Tenant. 6. SUB-LETTING Tenant may not sublease, transfer or assign this Lease. No person is allowed to occupy the Leased Unit unless specifically named in Paragraph 6(a) 7. ALTERATIONS Tenant may not remodel or make any structural changes to the interior or exterior of the Leased Ur it Tenant may not attach or remove any carpeting or fixtures without first obtaining Landlord's written permission. When this Lease ends, Tenant must return the Leased Unit to its original condition. 8. CONDITION OF LEASED UNIT; REPAIR OF DAMAGE Tenant agrees to maintain the Leased Unit during the term of this lease in the same condition as it was on the beginning date of the Lease. Tenant agrees to return the Leased Unit to Landlord at the end of this Lease in the same condition as it was on the beginning date of this Lease. Tenant will promptly notify Landlord in writing if the Leased Unit is damaged or repairs are requirec. Landlord agrees to perform necessary repairs with reasonable promptness after receiving written notice from Tenant. Tenant agrees to pay as additional rent the cost of the repair of damage caused by Tenant or other permitted occupants or visitors of Tenant Only Landlord's employees, agents or contractors may make repairs to the Leased Unit. Landlord is not responsible for any inconvenience or loss caused by necessary repairs to the Leased Unit 9. CONDEMNATION Condemnation is the power of the government to take private property for public use. If the Leased Unit or any part of it is condemned, or voluntarily transferred by condemnation proceedings, this Lease will automatically end as to the condemned portion. If the Lease ends due to condemnation of a part of the Leased Unit, Landlord will reduce the rent accordingly. If the Leased Unit becomes uninhabitable due to the condemnation, the Lease will end when Tenant pays all rent due until the condemnation date. Tenant will not have any right to any award paid to Landlord by the condemning authority 10. DAMAGE TO LEASED UNIT Landlord will not reduce the rent if there is a fire or other damage. Landlord will decide whether the Leased Unit cannot be lived in due to damage. If the Leased Unit becomes uninhabitable for any reason, this Lease will end when Tenant pays all rent due to the date that the Leased Unit is vacated. Landlord is not responsible for any loss, damage or inconvenience to Tenant caused by fire or other cause. 11. TENANT'S PERSONAL PROPERTY AND INSURANCE Landlord is not responsible or a damage_to_Tenant's_persona_Iprogerty_For that reason, Tenant must obtain insurance to protect his or her_personal prop_erty_ Tenant is in breach of this Lease if Tenant fails _to obtain personal property insurance_ Any personal property left in the Leased Unit after Tenant has vacated or has been evicted is considered abandoned. Landlord may dispose of this property in any manner without notice to Tenant Tenant must pay Landlord's cost of disposal of Tenant's property If any insurance coverage maintained by Landlord is found to apply to any loss or damage covered by Tenant's insurance the following will happen. (a) Landlord's insurance and any obligation of Landlord to pay is considered excess coverage. (b) Tenant's insurance must be fully used up before any claim can be made against Landlo'd or against Landlord's insurance coverage. Regardless of anything stated in this Lease, Tenant releases Landlord from any injury, loss or damage to personal property or persons from any cause. This Release is effective even if landlord or Landlord's employees or agents cause the injury, loss or damage PALEASE-9/1196 --- Page 2 Initials Teoan, waives any right of subruyation by Tenant or by any insurance comps. which covers Tenant- Suorogation is the right to be repaid for any payments made by Tenant or Tenant's insurance for injury, loss or damage to personal property or persons Landlord may require Tenant to produce proof of insurance that is required in this Lease. It is a violation of the Lease to fail to have the insurance or fail to produce proof when requested. 12. ACCESS Landlord and anyone allowed by Landlord may enter the Leased Unit after first notifying Tenant. If there is an emergency, Landlord may enter the Leased Unit without giving Tenant advance notice. Tenant must obtain written approval from Landlord to add or change any lock. Tenant must provide to Landlord keys fo- any additional or changed locks. 13. END OF LEASE OR RENEWAL (a) Either party may end this Lease at the end of the original Term by written notice. Landlord or Tenant must receive this notice at least 60 days before the end of the Term. (b) This Lease will automatically renew for one (1) year if neither party ends the lease at the end of the original Term or of any renewal term. Automatic renewal will not change the terms of this Lease except that the rent for each renewal term may increase. (c) Landlord may increase the rent or change any other term of the Lease for any renewal period by sending written notice to Tenant. Landlord must send this notice at least seventy (70) days before the end of the Term or of any renewal term. Tenant may reject the renewal terms by giving written notice to Landlord by certified mail a. least sixty (60) days prior to the expiration of the current term. Tenant must then vacate at the end of the .urrent Term The Lease will automatically_renew on the terms set forth in Landlord's renewal noticeif Landlord does not receive Tenant's written notice by-certified mail at least sixty_(6_0)-days before the expiration of the current term. (d) If it is necessary for the Tenant to end this Lease before end of the Term, the Tenant agrees to pay the Landlord the sum of two (2) months additional rent as Liquidated Damages and not as a penalty, and at the same time give to the Landlord a two (2) month written notice of termination as of the first (1") day of any month. If Tenant cannot or does not give a written notice, Tenant will give the Landlord an additional month's rent for each month's notice not given as required. (e) If this Lease is ended and Tenant does not vacate on the ending date, Tenant must pay double the last monthly rental charge. This rental charge is due for each month that Tenant remains in possession of the Leased Unit. 14. LANDLORD'S REMEDIES Tenant is in breach of this Lease if Tenant fails to make rental payments when due or fails to comply with any other provision of this Lease. If Tenant breaches this Lease: (a) Tenant must immediately pay all rents for the balance of the term of this Lease and Landlord may sue for this rent. (b) Landlord may end this Lease (c) Landlord may evict Tenant. (d) Landlord may sue Tenant to collect any monies due including but not limited to legal fees and costs to enforce lease terms- Tenant agrees to pay all legal fees and costs. (e) To the extent allowed by law, Landlord may discontinue any utility services to the Leased Unit. (f) Landlord may exercise any one or more of the other remedies available to it under law or in equity. (g) Tenant agrees to waive the 15 or 30 day notice period which is contained in Section 501 of the Landlord and Tenant Act of 1951, as amended, 68 P.S 250 501. LANDLORD MAY FILE SUIT AGAINST TENANT TO ENFORCE THE TERMS OF THE LEASE WITHOUT NOTICE TO TENANT (h) Tenant must pay Landlord's cost of enforcing this Lease including legal fees, whether or not suit is begun, as additional rent. 15. VACATING LEASED UNIT Tenant must notify Landlord and must return all keys to the Rental Office at the time that Tenant /acates the Leased Unit- 16. NO WAIVER BY LANDLORD If Landlord does not exercise any of its rights under this Lease, Landlord may still exercise these rights at a later date. Acceptance of past due rent is not a waiver of Landlord's rights to enforce other terms under this Lease. 17. SUBORDINATION This Lease and Tenant's rights under this Lease are subordinate (inferior) to all existing and any future financing, loans or leases on the building or land Among other things, this means that the new owner or mortgagee may end this Lease if there is a foreclosure sale of the property Tenant agrees to waive rights by permitting the buyer at a foreclosure sale to end this Lease Tenant agrees to all financing and to sale of the Leased Unit or property subject to this Lease- Tenant authorizes Landlord to sign any papers on behalf of Tenant which are necessary to confirm the terms of this P r h. These are additional waivers of Tenant's rights PALEASE-911196 -- Page 3 18. RELEASE OF LANDLORD Landlord is not responsible for any injury, property damage or loss sustained by Tenant or Tenant's guests Tenant agrees to release Landlord from responsibility for any damage, loss or injury caused by any other person occupying the Property, or by Landlord or Landlord's agents or employees- Tenant agrees that this release includes losses or damages which result from any of Tenant's acts or failure to act. All claims agairst Landlord for any damage, loss or injury area expressly waived by Tenant 19. NOTICE TO TENANT THIS LEASE CONTAINS WAIVERS OF CONSUMER RIGHTS. TENANT WAIVES CERTAIN RIGHTS BY SIGNING THIS LEASE. 20. NO JURY TRIAL Landlord and Tenant waive and give up any right to any jury trial for any claim or matter concerning this Lease or the Leased Unit. 21. INCORRECT INFORMATION IN APPLICATION If Tenant provided incorrect information in the Application, it is a breach of this Lease. Landlord may end this Lease and/or sue Tenant for possession and/or any losses or money damages if the Application contained incorrect information. 22. LANDLORD EXPENSES Tenant agrees that in addition to the annual rental stated herein, it is expressly agreed by and between the Tenant and Landlord, that during the term of this Lease, the Tenant will upon thirty (30) days written notice, pay any increases which occur after the commencement sate of this Lease on the cost of gas, electricity and fuel as well as any increase in real estate taxes and other charges which may be assessed or levied against the Landlord by any Federal, State or local authority. In no event, however, shall the total of said increases allowable to -he above named premises exceed six (6%) percent of the annual rental stated herein. 23. ADDITIONAL TERMS AND CONDITIONS The Rules and Regulations which are attached are part of this Lease. Violation of any of the "Rules and Regulations" is a breach of this Lease. The Residents Acknowledgement and Addendum to Lease which are attached are part of this Lease. 24. SEPARABILITY If one or more of the paragraphs of this Lease are determined to be invalid, the remainder of this Lease will remain in effect. 25. LEASE CHANGES The terms and conditions of this Lease may only be changed if in writing and signed by both Landlord and Tenant. No oral changes or agreements are permitted. TENANT ACKNOWLEDGES HEISHE HAS READ AND UNDERSTANDS THIS AGREEMENT AND APPROVES OF ITS CONTENTS BY SIGNING THE FRONT TOP PORTION HEREOF. PALEASE-911/96 --- Page 4 Indials __, RULES AND REGULATIONS The following Rules and Regulations have been established by the Management of Camp Bill Plaza Apartments and arc un addendum t0 Your kiu,C agrccmcnt Pailurc m comply with said Rule and Regulations nun result in additional liras or Ieg.0 actiOn, up to and including lcmunatiun of your lease agrccmcnt. 1. RENTAL PAYMENTS Rental payrncnls arc ten be made by check. money order or credit card only. We currently accept Visa. Masttrcard and DlsellVel' through our website. Cush will not be accepted. Rent needs to be paid at the management of lice during posted till-ice hours by the I" of each month. There is a rent drop bus available in front of the ulTtce [or after-hours convenience or it ?mn be mailed. 11 mailed, it must he received at the management Office rat) late- than the 5" of the month to avoid late fees. Sundays and holidays du count! 2. OCCUPENCY & KEYS TO UNIT: Resident(s) acknowledges they understand the apartment which is subject matter of said lease nnav be occupied ONLY by the registered individuals on said lease. Keys arc to !re given to dii_sc individuals only. They must be returned at the time of move-out. (There will be a fee of 575.00 if keys arc not returned.) 3. MAINTENANCE REQUESTS Maintenance reluesls are to be made dircdly to the management office during nomnal posted business hours. vlninicnancc hours are wcekdavs from 930 a.an_ to 500 p.n1. Rnluests cannot lie fullillcd if pets arc lei[ untmen&el. In ease of an after-lours emergency, call the answering sctvice at 1-866-678-7944 and a maintenance technician will he paged immediately. Aficr hour anergencies include tire, floods electrical shortage, gas sucll, sewer backups, no heel. no air conditioning or .eater leakage. 4. LOCKS AND LOCK OIJI'S Resident is prohibited from adding, changing or in ;uty pray altering locks un exterior or interior doors. Kcvs arc provided upon muvc-m, II you get locked out during regular husiness hours, please saute it) lire office and management will be happy it, let you into your home It You get lacked out after nomlal business hours, you will need a locksmith to let you int. Our answering service will be able to provide you with their numbe'. 5. LEAKS AND DRIPS LcakS and drips need to tic called into fire office as scroll as Ihev arc noticed in order to avoid further or continued damage You will he held rc:p0nsiblc fur damage caused by water that Is 'lilt reported. 6. PLUMBING A charge will he assessed fix clogged drains if inrpmper usage has been detennined- Du not put anything duo n the toilet Other than toilet tissue. Drains fur sinks, tubs and toilets roust be kept free and clear of foreign materiels. 7. ALTERATIONS Painting, wallpapering and stenciling tit ,Your apartment is allowed. You wilt be responsible fir returning walls lu original condition at move out. Any other alterations must hove written pennnissum trom Manageneu_ 8. TEMPERATURE SETTINGS In the colder weather. he sure to sct your heat nn lower than 62 degrees. It you arc nut going it) be home hr anv extended pci od of time, set your heat at 62 degrees. ['his is in prevent any pipes tram freezing and bursting. A/c units- you should dean your film-s on a monthly basis. I his will help keep the unit running cl- icicntly lie you and keep the unit drool freezing 9. MOVE-IN INSPECTION FORMS Inspection firm's are due back to the management office within 48 hours ease move-iii. We will not assume anv liability fix the condition tit du apartment at your move-in after that time. 10. BARBECUE GRILLS Gil grills are pcnnittcd ONLY if you have a patio ur balconv. You nnusl hate it fire cminguishcr within reach of grill. Residents nm,t erne, their grills with grill covers, tarps will not be accepialle. Fur dtcsldcatl without patinvbalconies we huge a gill area locoed at the Pool. 11. SATELLITE DISHES AND ANTENNAS NO satellite dishes nr antennas arc allowed Without the written permission Of Manageuern and prior to execution of a Satellite Addendum which is to he accompanied by prunf of Renter's Insurance (S300,000.00). Satellite dishes, radio., TV and CB antennas cannot be placed nn or erected un the 1001; catcrior of the building, railings. balconies or any summon area. 12. TELEPHONE, CABLE ANWOR SATELLITE HOOK-UPS Additional drilling. culling or horing fir wires is not permitted without writlcn pcroussiun from Management. 13. WATER BEDS Waterbeds are aliowcd on I" hour aparunenlS and must hove RculcrS in.SUance with a wal0bed rider. 14. ENTRANCES, WALKS AND LAWNS The placing Or storage tit sled;, baby earmlecs, .stmllcr:c, hairy pens, lawn tunulure. hicvcIc: and other ar ielec at enrauces and upon howl tcalks ur lawns is pr0lrihited. Common areas Shall not be obstructed or used lox any pu)xnse odic than their intended purpose Items blocking such area, will he confiscated without notice and a charge assessed. Residents are prohihiled trot' hanging clotheslines un the property. RcsidenLc arc not permitted io fitter un any grounds 01-tile community (i.e. trash, cigarette bulls ur pct waste) All residents arc responsible for cleaning up attcr themselves, guests and-0r heir pets. Cigarcllc cans arc not pcnnittcd on the front Purdns 15. BALCONIES OR PATIOS All bulannles or peons must be kept clean. Orderly and clear of stooge items Hanging clones, garments ur rags over railing of l;dc0nres nr patios will nut Ic pcnnittcd. lire only items afluwed aw patio turniture. plants, and flower buxeS & bicycles ImpecllOnS will he at the discretion of tine nlanagencui woiu 16. DU;NIPSTI:RS Dumpstcrs are located cunvenicnliv throughout the property. Please be sure that Your tr,rsh is placed in play is bags and securely tied bettors placing it in the dumpster DO NOT SET TRASI I OUTSIDE Oh THE DUMPSTER. Bit- ma ,I he bnaken down Idler- puu.ng them in the dumpsle. Recveohles must be put in the recycling bins provided, per Borough Ordinances. Ho-huld items Ml IST tit in the dwupster \O[ left on ahegruund surrounding area. Any questions on lar;;e itch,. call it,, 011 icc. 17. SIGNS/WINDOWS No sign,,, exterior lights or marking oil the exrctiot of it building ur windows is allowed. Nothing is to he anal cd to the c,Ic,ToI of the building. Window Ircatlne'mS must have neutral backing or it neutral shack. Bed linens, towels, ilggs. etc. are not acceptable. IS. PEST CONTROL Apartment units are sprayeel on it regular basis. 11-you have it problem with pests. Utility the off ice and the extc orinamr will be notified to attend h+tire probletn upon his next visit. Residents arc asked to assist uw- pest control by maintaining a high standard of good housekeeping. Ita resident has it per and it becomes necessary to spray fix fleas, resident must pay an additional charge. 19. PETS NO pets are allowed without the expressed written pennission of Managcmcnt and the caccution of a per Addendum. A per tee and it monthly per charge arc required. Residents arc prohibited from collecting per waste it) containers tin (licit ornnon areas. All waste must be disposed of immediately in the duntpstcrs. Residents are not permitted to install pct stakes/I c ups tin the property. Pit Bulls, Ar ic;ut Stallordsho .: -furrier. Ruthveder or any breed mixed with these breeds are not permitted. 20 . STORAGE No goods or materials of any kind or description, which are combustTill c or would increase risk of lire, shall be placed on patios balconies. Belongings left Outside tin the backs of buildings shall be at Residents risk and Managcmcnt shall not be responsible for anv loss Or damage. 21. POOL Residents must attain it pool pass front the management office prior to using the pool. Purl rules must be read and signed below attaining your pass. Guests are pennined for it 53.00 per visit fee. Management reserves the right to revoke tenant's pool pass upon altercations at the pool and any issues the lifeguard may have with that tenant 22. GUESTS Residents arc responsible and liable for the conduct of their guests. Acts of guests in violation of the Lease Ag rumen or any addendum to that agreement may he deemed to be it brCacll by the Resident. Guests itaymiz more than 7 days teed lu be registered with management. 23. DISTURBING NOISES All occupants and their guests arc to refrain from interrupting nr disturbing (lie peaceful enjoyment of other residents in file cunununity. Any electronic devises such as televisions, stereos. radius, musical instruments, etc. need ka he kupt at an acceptable Icvcl. Good judgmctt and rcyect is expected at all times. Residents should rcfiain hem noise during the hour of 10:00pm until 7:00ant 24. DELIVERIES Management will accept reasunabiv sized packages in the office lilt resideu6, but will not sign Ibr the cundirion of the package or it s contents. Management will not accompany delivery people nr your apartment !ix fumaure or otter deliveries. You may leave a key, signed permission and a release of Icspcrosibilily for theft or damage it it delivery person needs to alter your apartment. Management needs to be notified prior to delivery. 25. PARKING(NIOTORCYCLES Any vchidcs and trucks wvithout a v;rhd license plate, registration. inspecGun sticker ur flat tiro are cunsideled abandoned and inuperrhle;urd will he towed Innn the property. Recreational vuhides :nut moving tnrcks must have manager eat appmral. 26. SPEED LIMIT Maximum speed limit throughout the community is 15 NIPI I. All State driving rules must he talk-cd. Managcmcnt can and will notify Carne Hill Borough police it reckless driving is witnessed 26. SNOW CONDITIONS You na:d to move your car when plow,, arc clearing snow floor your parking fut. If they arc nut moved. YOU ve at risk of getting plowed ill. Management assunes no rnspwnsibility fin' any such inconvenience or duoage to vdriclc. 27. CARPETS Carpet must be professionally dcaned, with proof tit receipt. Upon cacatiug. Rental machincc do nut count. 28 . RECREA"IIONAL ACTIVITIES Gantt:, spurts, skateboarding and rex:reatiunal activities of all kuttlS arc pennined out} tit destgnaml play are.rs provided for such puposcs and arc NOI permitted nn the sheets ur parking Inc Sand bo%e . Swings. slides etc ore not to be inaailcl outside of your aparttucut home. 29. PLAYGROUND Children under the age tit 12 must be supervised at the playground at all times. Children arc prrhibacl from playing in the drivcwavs. 30- MOVING Moving or delivery trucks and vans arc not pcnnittcd it) cross fire curb or lawns and must load ans. unload from the street. cart ways or parking areas- All packing cases, barrels. boxes and other conlamcrs cued in moving must be removed by the lessee and placed in the appropriate receptacles. ["we acknowledge that Uwe have read and understand the Rules and Regulations. which arc an addendum to the lease agreement with Camp IJill Pgza?znd hereby agree to abide by the terms set limb. PC dent Date Resl Sid ent Bale if? 11? ! Resident Da1C Resident Date Resident Date Resident Date EXHIBIT B Camp Hill P_aza Apartments 121 November Drive Camp Hill PA 17011 2/8/2010 To ITennifer Jones Unit: S35276 RE: Late Fee Assessed As stated in your lease contract rent and related charges are due on or before the first day of the month and are considered late or, the 6th day of the month. According to our records your full monthly rent was not paid by the 5`r' of the month and the following charges are now due: Late charge: $ 10'7.90 This amount along with any outstanding rent balance is due in on- office im-rrediate.ly. If your rent and associated charges are not paid in full by the 10" of the month we will have no alternative but to becin legal proceedings. All associated legal fees and court costs will be assessed to your account. If for any reason you believe c..r records are in error, please contact the management office directly so we can review your account '_n further detail. Sincerely, L ?. Prope rtS Manager EXHIBIT C COMMONWEALTH OF PENNSYLV a COUNTY OF: CUMSFRLAND Mayl:tenal OlStnct Number 09-1-02 DI.ld.t J-1c. Name: Hon. Roger A. Estep Add....: 1904 State Street Camp Hill, Pa 17011-0000 T.I.onee.: (717)761-0583 LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAMEand ADDRESS Camp Hill Plaza Apts -? 121 November Dr Camp Hill, Pa 17011 VS -? DErENDANT: NAME -d ADORE SS Jennifer Jones and Marc Peterson 3527 September Drive #6 Camp Hill, Pa 17011 L_ Docket No.: LT-- 7/-/C) Date Filed: ? ? D - TO THE DEFENDANT. The above named plaintiff(s) asks 4Wo/ judgment together with costs against you for the AMOUNT DATE PAID possession of real property for Filing costs g ?a• Lease is Z Residential ? Nonresidential Service Costs _0V - Total s La-4. 5z)_ Z - ,? ?0 ! 1 (] Damages for injury to the real property, to wit Damages for the unjust detention of the real property in the amount of Rent remaining due and unpaid on filing date in the amount of And additional rent remaining due and unpaid on hearing date in the amount of 3 $ 1528 06 S Total: S 1528 06 THE PLAINTIFF FURTHER ALLEGES THAT ------ 1 The location and address if any, of the real property is 3527 September Drive #6 2 The plaintiff is the landlord of that property. --- 3 He 'eased or rented the property to you or to under whom you claim. 4. L Notice to quit was given in accordance with law, or No notice is required under the terms of the lease. 5 The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease. to wit _ Z Rent reserved and due has, upon demand. remained unsatisfied nr' 6 You retain the real property and refuse to give up its possession ! Andrew J Kaehler Verify that the facts set forth in this ccmplamt are true a^.d correct to the best of my knowledge, information and belief. This statement;s made sect to the penalties-of Section 4904 of the Crimes Code (.18 PA. C S 3 4904) relating to unsworn falsification to auth gnature of Piainnff) I P'alnnfl's AL'o,, Y' --AdCress: - i I .F YCU HA'vE A DEFS JSE to .'us =cr.da,r•r von ray oresen t at :he rear rg F '(CU HAVE A CLA;+d against :he olamhff ars.ro out rf' ,e cc- oar"y o° Me premises. wn,en is n Ire d sirs; ust;ce unsmC dr a-c vh c.. you rent to assert at'he rearing ICU MUST FILE :t on a complaint form at •hs odlce BEFORE rHE TIME set far the rearng IF YCu Do NOT APPEAR A- HE HEARING. a judgment fcr possession and costs and for damages artl 'ert aaimed may nee enheless be entered against you A judgment aga n" you ?or possession may esuit !n your EVICTION `ram ;he premise: If you are disabled and require assistance, please contact the Magisterial District office at the address above. .AOPC 3'OA .'2 -981 COHEN & WILLWERTH, P.C. ROBERT J. WILLWERTH, ESQUIRE Identification No. 72734 JENEL R. MARRACCINI, ESQUIRE Identification No. 93457 660 Second Street Pike Southampton, PA 18966 Telephone No. (215) 887-8100 FILED-OcE ?a?r Attorney for amts ' 1n ?"' ',` 2010 MAR 18 PM 1: So CUM, CAMP HILL ASSOCIATES LLC: general partner COURT OF COMMON PLEAS t/d/b/a CAMP HILL PLAZA PARTNERS, LP CUMBERLAND COUNTY c/o MORGAN PROPERTIES, INC. 121 November Drive, Suite 1 Camp Hill, PA 17011 v : NO. 10-1609 JENNIFER JONES and MARC PETERSON and all other occupants 3527 September Drive, Apartment 6 Camp Hill, PA 17011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF SERVICE JENEL R. MARRACCINI, ESQUIRE, being duly sworn according to law, deposes and says that she served a copy of the Civil Action Appeal Complaint in the above-captioned matter, by regular First Class Mail, addressed to the Defendants, and mailed on March 15, 2010 as follows: Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Attorney for Defendants BY: HEN & WILLWERTH, P.C. R. MARRACCINI, ESQ v for Plaintiff ~~^\ yy ^^11 ~a IN THE COURT OF COMMON PLEAS OF • ~Y~~ `~ ~ r\ CUMBERLAND COUNTY, PENNSYLVANIA v NO. , lQ ~ ~ 20 1 V 5a~c\ ~'`C~~~C RULE 1312-1 p~~~r~ ~. o The Petition for Appointment of Arbitrators shall be substantially it Following form: ~ =~=' ` ~ t n ~ ~ ~ w ct PETITION FOR APPOINTMENT OF ARBITRATORS .r `== ~'c TO THE HONORABLE, THE JUDGES OF SAID COURT: ~'~ -. J~~ ~ • ~~~ ~~C. ~~\ , counsel forth plainti defendant in the abov€~' action {or actions), respectfully represents that: 1. The above-captioned action {or actions) is (are) at issue. C~ 2. The claim of plaintiff in the action is $ ~~ °~ 1 The countcrclaim of the defendant in the action is ° j ; ~~g The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ~~ WHEREFORE, your petitioner prays your HonorhbPe Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully bmi , ~~ ORDER OF COURT ~~ ~~ ~m ~i -c AND NOW, 0 20~ d' , in consideration of the foregoing n °~ ~ ~ ode ~ . ~ w,,~~„, ~„_~d t~ '-„ ~ /~ t l ~ W e~ `~' '''~ ~Jtl~ By the Court, •~~~'~~eRLI :~ ~'d Z- ~~l!' 0lOl ~ ' .~. Atf ~~u ~~. ~ -i ~ _l~ ti ~-il ~~ s~y.ooPdal+l cr a oLO G ~ /Z--~ ~.NSIOS-Z petition, Esq., and /~// Esq., and - r ~ ~ ° ~ ( Esq., are appointcd arbitrators in the above captioned action or actions) as prayed for. ,, ;~ ~ Camp Hill Associates LLC In the Court of Common Pleas of Cumberland Jennifer Jones and Marc Petersoriaintiff County, Pennsylvania No. 10 _ 1609 Defendant Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our off' a with fdelity. gnature Signature Signature ames M. Bach Benjamin W. Wallace Mark C. Duffie Name (Chairman) Name Name Law Firm Law Firm Law Firm 352 S. Sporting Hill Rd. 24 N. 32nd St. 307 Market St. Address Address Address Mechanicsburg, 17055 Camp Hill, 17011 Lemoyne, 17043 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be se crate stated.) ~~- °~ ~ ' ~ ~~rbitra or, dd ss~ts. serf na a if applicaMle.)~ Date of Hearing: ~ ~" ~ ~, 6 James M. Bach Date of Award: ~ . ~'_ ~G Benjamin W. W ace (Chairman) Mark C. Duffie Q(' Notice of Entry of Award Now, the ~ •c '' of__~ _ , 20 !y , at M., the above -~~ ~• award was entered up~ti=tl~e do~et a~tdx~ a -thnreof given by mail to the parties or their attorneys. Arbitrators' com ens~ti~r- to'k~ ~ y on P 1~ ~PPe~: $ ..3Sd.Uy By: Pfothono cry Deputy t 1M; 2~Iv f ~ E ~ t - . ~o~O Ate ~~. ~~'t H: t~ v~~ ~ ~; L f$ M.d ~ ~~ ~J . ~~~rN ~ S~~ ~ ~ ~~ ._ . ~~ -. i . AWARD PER PHONE CALL WITH ATTORNEY JAMES BACH ON 8/13/10 IN FAVOR OF PLAINTIFF IN THE AMOUNT OF $2,158. THE ECROW HELD BY THE PROTHONOTARY FOR THIS CASE SHALL BE IMMEDIATELY TENDERED TO PLAINTIFF. PLAINTIFF WILL APPLY SECURITY DEPOSIT ON HAND TO SATISFY JUDGMENT AFTER RECEIPT OF ALL FUNDS.