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HomeMy WebLinkAbout01-1039MELODY J. COKER SIM and THOMAS SIM, wife and husband, Plaintiffs, DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~/-/o ~? CIVIL TERM PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary, Cumberland County Court of Common Pleas: Please issue a writ of summons to the defendants in the above- captioned action at the following address: Daniel J. Houser Suzanne L. Houser 1305 Forrest Drive New Cumberland, PA 17070 Date: Respectfully submitted, GATES & ASSOCIATES, P.C. Mark E. Halbruner, Esq. Attorney I.D. ~66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiffs) Commonwealth of Pennsylvania County of Cumberland Melody J. Coker SJ~ and Thc~as Sim, wife and husband Daniel J. Houser and Suzanne L. Houser, husband and wife 1305 Forrest Drive New Ct~berland, Pa. 17070 Court of Conunou Plea~ No ..... _0_1_ _-_l_Q3_ _9_ _c~ _vIA __T~_ _~_ ........... X~ .... fn ..... _C_i_v_ _i_~_ ~ _c _t _i_o_n_ _ _n_~ .................... To ___.D~__a_i_e_l___J;__H_?_u_s_e_r___~n_.d___S_u_z_a__n_n_e__~2~~ser, husband and wife You are hereby notified that M.alod.y_ ~J. ~ _Cnker- £ ira_ and_ .Thomas _Slm~ -w~.f.e-am~ ~urola~t- .................................. the Plaintiff has commenced an ~ction in ...... ~i. yi=l~_I~oi~ ........................................ against you which you are required to defend or a defmult judgment may be entered against you. (SEAL) Prothonotary Deputy SHERIFF ' S CASE NO: 2001-01039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CIYMBERLAND SIM MELODY J COKER ET AL VS HOUSER DANIEL J RICHARD SMITH , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS HOUSER DANIEL J DEPENDANT , at 0016:35 HOURS, at 1305 FORREST DRIVE NEW CUMBERLAND, PA 17070 DANIEL J. HOUSER a true and attested copy of RETURN - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the on the 5th day of March by handing to WRIT OF SUMMONS together with law, 2001 and at the same time directing His attention to the contents t]hereof. Sheriff's COSTS: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this '7~-~ day of bi A.U. P~rothonotary ' So Answers: R. Thomas Kline 03/06/2001 GATES & ASSOCIA~2/~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-01039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SIM MELODY J COKER ET AL VS HOUSER DANIEL J RICHARD SMITH , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS HOUSER SUZANNE L DEFENDANT , at 0016:32 HOURS, at 1302 FORREST DRIVE NEW CUMBERLAND, PA 17070 DANIEL J. HOUSER (HUSBAND) a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the Sth day of March by handing to te law, the 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10o00 .00 16.00 Sworn and Subscribed to before me this ? ~ day of ~ ,~,~., ! A,D. ~/Pr/othonotary ! / So Answers: R. Thomas Kline o3/o6/2OOl GATES & ASSOCp~// By: MELODY J. COKER, Plaintiff, VS. DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS C UMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1039 CIVIL TER~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 800-990-9108 MELODY J. COKER, Plaintiff, vs. DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 01-1039 CIVIL TERM COMPLAINT NEGLIGENCE Gates & Associates, P.C., and makes the AND NOW, comes Melody J. Coker (hereinafter "Plaintiff"), by and through her counsel, following complaint: 1. Plaintiff is an adult woman now residing at 294 North Chisholm Creek Road, Lawrenceburg, Tennessee 38464. 2. Defendants are a husband and wife now residing at 1305 Forrest Drive, New Cumberland, Pennsylvania 17070. 3. Plaintiff and her then-husband, Thomas Sim, took possession of an apartment at 214 Third Alley, New Cumberland, Cumberland County, Pennsylvania (hereinafter "the Premises"), pursuant to a Lease Agreement dated September 1, 1998, between Thomas Sim, as tenant, and Kevin L. Fuller, as landlord. A copy of the Lease Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Defendants purchased the Premises from Kevin L. Fuller and Mary L. Fuller, his wife, on or about December 15, 1998. A copy of the Deed is attached hereto as Exhibit "B" and incorporated herein by reference. 5. The Premises was an entrance on the ground floor. 6. The entrance opened seventeen stairs leading up 7. The stairway was controlled by a timer. upstairs apartment with a single into a flight of approximately to the apartment. illuminated by two lights that were 8. Plaintiff believes and therefore avers that the timer had been set to conserve electricity during the summer but had not been adjusted for the shorter winter days. 9. Consequently, the stairway was unlit for significant periods of time after sunset. 10. Plaintiff and her husband could not adjust the stairway light timer. 1~. On several occasions, Plaintiff and her husband asked Defendants to adjust the timer so that the stairway would be lit during their waking hours. 12. Defendants did not adjust the t~mer or provide alternative lighting for the stairway. 13. At approximately 7 p.m. on or about February 28, 1999, Plaintiff attempted to walk down the stairway in the dark, and after travelling several steps down the stairway, she fell on her back and slid feet first down the stairway, coming to rest in the landing below. 14. Plaintiff would not have fallen down the stairway if it had been adequately lit. 2 15. Plaintiff has' suffered and continues to suffer considerable pain and inconvenience as a result of her fall, including but not limited to a tear in the medial meniscus cartilage of her left knee, which requires surgery and rehabilitation, as well as injuries to her back, left hip and left arm. 16. Defendants assumed the rights and duties of landlord when they purchased the Premises from the Fullers. 17. Defendants owed Plaintiff a duty to provide a reasonably safe means for entering and exiting the Premises. 18. Defendants knew that the stairway was Plaintiff's only means for entering and exiting the Premises. 19. Defendants had notice that the stairway lighting was inadequate to enable Plaintiff to safely enter and exit the Premises. 20. Defendants had the opportunity to correct the dangerous lighting condition prior to Plaintiff's fall. 21. Defendants breached their duty to Plaintiff by negligently permitting the dangerous lighting condition to continue after notice and the opportunity to correct it. 22. Defendants' negligence directly and proximately caused Plaintiff the damages described above. WHEREFORE, ~laintiff respectfully requests that the Court enter a judgment in her favor and against Defendants jointly and severally for damages in an amount exceeding the threshold for 3 compulsory arbitration under local rules, together with costs of suit, attorney fees and such other relief as the Court deems appropriate. Respectfully submitted, GATES & ASSOCIATES, P.C. Mark E. Halbruher, Esquire Supreme Court I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) DATE: 4 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of my counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. EXHIBIT "A" LEASE AGREEMENT THIS AGREEMENT MADE' AND ENTERED INTO THIS (1st) :,SeF. tember 1998) DAY O~ BY AND BETWEEN ( THOMAS SIM ) HERE;NAFTERCALLED TENANT AND KEVIN L. FULLER HEREINAFTER CALLED LANDLORD. WITNESSETH: WHEREAS. THE PARTIES HERETO INTENDING tO EE LEGALLY BOUND. DO, ENTER ~NTO THiS LEASE AGREEMEN'T, SUBJECT TO AND MADE UPON THE. FOLLOWING COVENANTS, TERMS AND CONDITIONS PREMISES: THE LANDLORD HEREBY LEASES TO THE TENANT, JOINTLY AND SEVERALLY, IF MORE THAN ONE, DO LEASE FROM LANDLORD THE PREM!SES KNOWN AND NUMBERED AS (214 THIRD AVENUE 2ND FLOOR 2 TERM TIlE TERM OF THIS LEASE SHALL CONSIST OF A one Year Term Beginning THE 15t day of Sel~tember 1998 THE TERM OF THIS LEASE SHALL CONTINUE UNABATED FOR A PERIOD OF One Year. UNDER THE PROVISIONS RULES AND REGULATIONS SET FORTH HEREIN, AND TERMINATING September let. 1999. THE MONTHLY RENTAL AMOUNT WILL ~E DUE ON THE FIRST DAY OF EACH MONTH 3 RENT: THE TENANT AGREEE TO PAY THE LANDLORD KEVIN L. FULLER A MONTHLY RENT OF $450.00 FOR A PERIOD OF 12 MONTHS BEGJNNING ON THE 1ST DAY OF EACH MONTH IN ADVANCE ,,:,~' P C, E~OX 2~, CAMP HILL, PA. 17011, OR AT SUCH A PLACE AS THE LANDLORD R:'O'JEST. TENANT FURTHER AGREES TO PAYA ,.ATE PAYMENT CHARGE OR RETURNED CHECK FEE OF $35.00 ON LATE RENTAL PAYMENTS laEGINNING ON THE 5TH DAY OF EACH MONTH. 4 SECURITY DEPOSIT: TENANT SECURITy $450.00 TENANT GARRYOVER FROM 3,t5 OF OWES LANDLORD $~1.00 TO ACTIVATE LEASE. THE SECURITY DEPOSIT SHALL SE HELD BY LANDLORD KEVIN L. FULLER FOR PAYMENT OF IMPROVEMENTS AND OTHER AMOUNTS DUE FROM TENANT TO LANDLORD FOR THE TENANTS PERFORMANCE OF THiS LEASE AND AGAINST ANY DAMAGES TO THE PREMISES OR ANY OTHER PART OF THE LANDLORD*S PROPERTY BY TENANT AND GUEST. TENANT UNDERSTANDS AND AGREES THAT THE SECURITY DEPOSIT MAY NOT BE APPI. IED AS RENT OR AGAINST ANY OTHER AMOUNT DUE FROM TENANT TO LANDLORD WITHOUT LANDLORD'S WRITTEN CONSENT. AND THAI'' THE MONTHLY RENT WILL BE PAID EACH MONTH, INCLUDING LAST MONTH'S RENT OF THE LEASE TERM, WITHIN S0 DAYS FOLLOWING TERMINATION OF THIS LEASE, LANDLORD SHALL RETURN THE SECURITY DEPOSIT LESS ANY DEDUCTIONS FROM IT ON ACCOUNT O~' AMOUNTS OWED BY TENANT TO LANDLORD OR IMPROVEMENTS TO SAID SPACE LANDLORD WILL MAIL CHECK PAYABLE TO TENANT OR PERSON SIGNING THIS LEASE TO A FORWARDING ADDRESS VVHICH MUST BE FURNISHED BY "[ENANT IN WRITING. 5 TERMINATION OF LEASE: LANDLORE; KEVIN L. FULL'ER MAY TERMINATE THIS LEASE WITHOUT CAUSE BY GIVING A30 DAYS PRIOR WRITTEN NOTICE TO TENANT, BUT NO TERMINATION BY LANDLORD WITHOUT CAUSE CAN TAKE EFFECT DURING THE 1 YEAR TERM. AFTER THE EXPIRATION OF THE INITIAL 1 YEAR TERM, THE TENANT MAY TERMINATE THIS LEASE WITHOUT CAUSE ONLY BY GIVING WRITTEN NOTICE TO THE LANDLORD AT LEAST (~JFULL CALENDAR MONTHS IN ADVANCE OF THE DATE ON WHICH TENANT WISHES TO TERMINATE. WHICH DATE MUST SE THE LAST DAY OF A CALENDAR MONTH, AND BY PAYING TO THE LANDLORD AT THE TIME THE SAID WRITTEN NOTICE IS GIVEN,ALL RENT DUE TO THE TERMINATION DATE OF LEASE. 6 RENTAL INCREASE: ~fter A 1 year term. THE LANDLORD KEVIN L. FULLER, MAY INCREASE THE MONTHLY RENTAL BY GiViNG NOTICE TO THE TENANT. THE RENT ;NCREASE WILL TAKE E~FECT UNLESS TENANT SHALL TERMINATE TH5 LEASE AS PROVIDED IN PARAGRAPH 5 HEREOF. 7, UTILITIES: TENANT WILL PAY THE UTILITY COMPANY OR LANDLORD FOR PHONE. ELECTRIC, GAS AND WATER LANDLORD PAYS NO UTILITIES. 8 USE OF PREMISES: TFNANT AGREES TO USE THE PREMISES ONLY AS RESIDENTAL SPACE AND NOT TO ASSIGN THiS LEASE OR SUBLET THE PREMISES TENANT AGREES NOT TO DO OR TO PERMIT ANY ACT OR PRACTICE IN JURtOUS TO THE PREMISES~ WHICH MAY BE DISTURBING TO OTHER ADJOINING RESIDENTS WHICh MAY AFFECT THE INSURANCE ON THE PREMISES OR WHICH IS CONTRARY TO BY LAW, TENANT IS RESPONSIBLE FOR DEBRIS OUTSIDE THE PREMISES i.e TRASH PAPERS, WEEDS, ICE AND SNOW REMOVAL, GENERAL CLEANLINESS AND NON CURRENT BUG INFESTATION. NO PETS PERMITTED. 9 CARE OF PREMISES: TENANTAGREES TO USE DUE CARE IN THE USE OF PREMISES, THE APPUANCE THEREIN AND ALL OTHER PARTS OF LANDLORD'S PROPERTY, TO GIVE NOTICE TO LANDLORD'KEVIN L. FULLER. OF ThE NEED FOR REPAIR THEREOF AND TO PAY FOR ALL REPAIRS TO THE PREMISES, ITS CONTENTS AND TO ALL OTHER PARTS OF LANDLORD'S PROPERTY WHICH ARE NECESSITATED BY ANY ACT OR LACK OF CARE ON THE PART Or TENANT OR VISITORS ALL IMPROVEMENTS (AGREED TO BY THE LANDLORD) MADE BY THE TENANT IN THE SAID SPACE BECOME PROPERTY OF LANDLORD. LANDLORD WILL MAKE NECESSARY REPAIRS TO THE PREMISES WITH THE FINANCIAL WHERE WITH ALL, THEREIN WITHIN A REASONABLE TIME AFTER TENANT NOTIFIES LANDLORD FOR THE NEED FOR REPAIRS. TENANT WILL LEAVE PREMISES iN GOOD REPAIR. WHEN VACATING WILL BE CHARGED FOR CLEANING AND REPAIRS THEREOF. 10 DAMAGE BY FIRE: if THE PREMISES ARE DAMAGED BY FIRE OR OTHER CASUALTY. LANDLORD KEVIN g. FULLER UPON INVESTIGATION BY LEGAL AUTHORITIES SHALL DETERMINE FINANCIAL RESPONSIBILITY OF CAUSE AND FAULT TENANT AGREES IF IN FAULT. TO PAY FOR IMPROVEMENTS AND REPAIRS THAT BRtNSS SAID TO CURRENT CODE STANDARDS LANDLORD AGREES TO ~iAVE IT REPAIRED WITHIN REASONABLE TIME F~ENT SHALL CONTINL~E UNLESS THE CASUALTY RENDERS THE PREMISES UNTENANATAI~LE, IN WHICH CA~E, THIS LEASE SHALL TERMINATE AND TENANT UPON PAYMENT OF ALL RENT TO THE DATE, THE PREMISES IS SURRENDERED AND TENANT SHALL NOT 8E LIABLE FOR ANY FURTHER RENT. RIGHT OF ENTRY: LANDLORD KEVIN L. FULLER OR ANY PERSON AUTHORIZED BY HIM HAS THE RIGHT TO ENTER THE PREMISES AT REASONABLE TIMES TO INSPECT, MAKE REPAIRS OR ALTERATIONS AS NEEDED TO ENFORCE THIS LEASE AND AFTER PROPER NOTICE IS GIVEN TO SHOW THE PREMISES TO PROSPECTIVE TENANTS AND OR BUYERS, 12. LANDLORDS REMEDIES: IN THE E~ENT THAT TENANT SHO!~LD FAIL TO PAY RENT OR ANY OTHER SLIM TO LANDLORD KEVIN L. PULLER WHEN DUE SHALL DEFAULT IN ANY OTHER PROVISIONS OF THIS LEASE: OR SHALL REMOVE OR ATTEMPT TO REMOVE ANY OF HIS POSSESSIONS FROM THE PREMISES BEFORE PAYING TO LANDLORD ALL RENT DUE TO THE END OF THIS LEASE TERM, LANDLORD IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW MAY A) [~IBTRAIN FROM RENT: TENANT WAIVES THE BENEFIT OF ALL LAWS OR USAGE'$ EXEMPTING ANY PROPERTY FROM DISTRAINT FOR RENT AND WAIVES APPRAISEMENT OF ANY PROPERTY DISTRAINED. B) TERMINATE THIS LEASE. TENANT SPECIFICALLY WAIVES THE RIGHT TC THE THREE (3) MONTHS NOTICE AND TO FIFTEEN(15} DAYS OR THIRTY(30} DAYS NOTICE REQUIRED BY THE ACT OF ASSEMBLY OF A~RIL 5. !g~ p L. 69 OR AM~.NDMENTS TO SAID ACT P.L. 59 AND ,AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT IN THE EVENT THAT THE LANDLORD SHALL HAVE THE RIGHT TO COMMENCE AN AMICABLE ACTION OF EJECTMENT FOR THE PREMISES DESCRiBEDHEREIN. AND TENANT HERESY AUTHORIZES AND EMPOWERS ANY ATTORI~EY TO SAID AMICABLE ACTION OF EJECTMENT O,N TENANTS BEHALF IT SHALL BE LAWFUL FOR THE PROTHONOTARY CF THE COURT INWHICH SUCH ACTION IS BROUGHT AND HE IS HERESY REQUESTED BY THE TENANT TO ENTER SUCH AMICABLE ACTION OF EJECTMENT, .N. SO TO ENTER JUDGEMENT FOR THE LANDLORD BY CONFESSION AGA~I~T THE TENANT WITHOUT ANY STAY OF EXECUTION FOR THE RECOVERY OF' THE POSSESSION OF THE SAID PREMISES WITH JUDGEMENT ALSO FOR ALL UNPAID RENT. 13 RULES AND REGULATIONS: TENANT AGREES THAT HE AND GUESTS VflU. COMPLY WITH THE RLILES AND REGULATIONS PERTAII~ING TO OCCUPANCY OF THE PREMISES WHICH ARE ATTACHE~) HERETO AND MADEA PART OF THIS LEASE 14 SUBORDINATION: THIS LEASE IS SUBJECT TO At, D SUBORDINATE TO THE LIEN OF ALL MORTGAGES NOW OR AT ANY TIME HEREINAFTER PLACED UPON ANY FART OF THE LANDLORD S PROPERTY WHICH INCLUDES THE PREMISES TO EXTENSIONS OR RENEWALS THEREOF. ?ENANT AGREES UPON REQUEST, TO EXECUTE SUCH FURTHER iNSTRUMENTS EVIDENCING SUCH SUBORDINATION AS LANDLORD MAY R~QUEST, AND IF TENANT FALLS TO DO SO,LANDLORD IS EMPOWERED TO DO SO ~N THE NAME OF TENANT LANDLORD MAY TRANSFER THIS LEASE AT TIME OF ANY LEGAL SALE OF PREMISES 15 NUISANCE: THE LANDLORD KEVIN L, F~JLLE~, HAS THE RIGHT TO DECLARE THE WITHIN DESCRIBED LEASE NULL AND VOID AND TO IMMEDIATELY TERMINATE ALL RIGHTS OF THE TENANT THEREUNDER IF TENANT SHALL CAUSE SUCH CONDUCT OF ANY NATURE WHATSOEVER AS I'O BECOME A NUISANCE TO OTHERS, ~l HEREBYAFFECTING THE HARMONIOUS ATMOSPHERE OF THE NEIGHBORHOOD OR TO OTHER TENANTS AFFECTING THEIR QUAL!TY OF LIFE. EXAMPLES: LOUD ML:SIC, LOUD VISITORS. ETC .. TENANT AGREES THAT ILLEGAL DRUGS OF ANY KIND ARE NOT PERMI'I-rED WITHIN 8AID PREMISES AND ARE GROUNDS FOR IMMEDIATE FORFEITURE OF RIGHTS IN THE ABOVE CLAUSES. IMMEDIATE EJECTION FROM SAIDi~REMISES AND A FULL POLICE INVESTIGATION TENANT FURTHER WAIVES ANY AND ALL NOTICE. OF SAID TERMINATION AND SHALL VACATE SAID PREMISES IMMEDIATELY 17 PARKING THETENANT THOMAS SiM AGREES TO ONE PARKING SPACES THE TENANT FURTHERS AGREES THAT GUESS OF THE TENANT SHALL NOT BE ALLOWED TO PARK IN ~ARKING LOT BETWEEN 315 BRIDGE STREET AND 214 THIRD AVENUE. VIOLATION OF THIS SECTICN WILL LEAD TO ILLEGAL CARS BEING 'r OWED AND THE LEASEE: THOMAS SIM IN VIOLATION CF SAID LEASE. LANDLORD KEVIN t FULLER TEt~ANT ~ TENANTS HOME PHC, NE '~'")~ '- (~/~ '7 TENANTS WORK PHONE F)RST PhiONE NUMBER IN CASE OF EIViERGENCY Pat Exemption for 2'14 Third upstairs One saicl pat allowable. COr, ditions as set, tenant responsible for cst stains on carpet and auld spaoe, tenant responsible for general cleanliness and alleviation of cst edom that might effect adjoining residents. Tenant will attend immediately to excessive noise. The tenant agrees that pet will not be allowed outside and will be responsible for an)' attacks of any kind, Tenant under~tanda that the pet exemption is a privilege, excessive complaints of any kind will be cause for cat removal. The cost for thi~,~.exemption is $60.00 non-refundable. &:l'homas Sim Kevtn L. F~ller EXHIBIT "B" Tax Pardi No. ~._~'~A ~. ~/.~./o7 DERD T~S DEED, made this / ~ of ~c~, la ~e y~ of OUr ~ one ~o~d nine h~ nineS-eight (1998). BETWEEN I~VIN L, FULLER and MARY L. FULLER, husband and wife, Grantors, and DANIEL J. HOUgER and gUZANNE L. HOUSER, husband and wife, Grantees WITHE$SETH, that the said Grantors, for and in consideration of the suni of Two Hundred Thirty Five Thousand and 00/100 ($235,000,00) Dollars, lawful money of thc Uig~ed $~ates of Anlerice, unto it well and tndy paid , by the s~id Grantees, at and before the sealing and deliv~y of thase pre~mts, the rscoipt whm*anf is hereby acknowledged, have granted, bargained, sold, alJeoed, eot'coifed, relcasod and cantlrmed, bargain, sell, alien, eo feoff, release and convey and co~fftrm unto the Grantees, their heirs and assi~un, Tract l: ALL THAT CERTAIN iract or parcel of land and premises, s/tuate, lying and being in tbe Borough of New Cumberland in the County of Cmnberiand and Comm~we~lth of Peon~ylvanla, mo~ I~rticularly de~'ribed as follows: BEG1]~NING at a point, tM Southeast comer of Bridge Street and Third Aveoun; thence/n a Southerly direction along Bridge S~reet, fii~y ($0) feet to a po/at on the line of Lot No. 144 ou the hereinafter re, enriched Plan of Lots; tbenco in an Easterly direction along the line of Lot No, 144, ~e houdini fil~ (150) feet to an alley; thence in a Northerly direction along said alley, fifty (50) feet to a point an the line of '~nird Avenue; thence in a Westerly direction along Third Avenue, one hundred fifty (150) fcot to a point, thc place of BI~GINI~I~G. BEING Lot No. 145 on the General Plan of the Borough of New Cumberland. HAVING THEREON erected a three story office and aparimcot building known as 315 Bridge Sin:ct, New Cumberland, Pennsylvania. EXCEPTED fi.om the above description is a certain parcel with dimensions orS0 feet along Maple Avenue and an even depth of 30 feet along Third Aveoue. HAVIIqG thereon erected a dwelling known as 313 Bridg~ gtfeet, New Cumberland, Pennsylvania, REGISTERED BY THE ALL THAT CERTAIN lot of ground with a brick garage and dwelling erected thereon situate in [he Borough of New Cumberland in Ibe County of Cumberlend and Conunenwealth of Pennsylvenis, more particularly des~'ihed as follows: BEGINNING at a point, Southwest comer of Third ~.venue and Maple Avenue; thence Southeasterly along Maple Avouuo fifl~ (50) fo~ moro ia- lin, m Lot No. 144; thanoo 8otlthv, ns~,~dly alou~ said lille of lot ilgrty (30) feet to · point; thence Horthwe~nv~dly through Lot blo. 145, ffi~y ($0)/'~t, molv or Ieee, to Third Avenue; theene Northwsatwsrdly thirty (30) feet along Third Avenue to the plac~ o f BI~GIiN'NI~IG. BEING the Easterly part of LOt No. 145 numbered on the general plan oi~ tbe Borough of Hew Cmnberland. UNDER AND SUBJECT, ncvcrtbeless, to the restrictions, rights of way, easements end conditions of prior record pertaining to said properly. BEING TI-I~ SAM~ PRRMISRS which William L. Freeman a/k/a William Lulend Freemen, Executor of the Last Will and T~smm~nt of William Newby Pre~t~an by doed dasd July 12, 1996, in tbe Office of the R~oorder of Deed~ o£ Cumburland County, Pe~nsylvenla, in Doed Book /~.2.. . Voinm~ , Eaget~,/ , ~anted and conveyed unto Kevin L Fuller and Mai3, L. Fuller, Grantor~ her~in. TOGETHER with all and singular the buildings, improvements, ways, sUeets, alleys, passages, waten~, water- courses, rights, liberties, privileges, bereditsmenls end appurtenances whatsoever thereunto belonging, or in any wise appertaining, end the reversions end remainders, t~'nts, issues end profits thereof; and all thc estate, right, title, inte,~st, propeRy, claim end demand whatsoever of iL fhe said Grantors. in law, equity, or otlmwisa how~ever, of, in. to ~' out of the ~mrae. TO HAVE AND TO HOLD thc said lot or piece of ground above degribed, with the buildings and improvements tbercon creoted, bereditsments and premir~s ber~by gnmtod or mentioned, and intended so to be, with the appur{enanoes, unto the said Grantees, their beirs and assigns, to and for the only proper u~e end behoof of the said And the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. lff 1~TTNF~$ WH.~J~OF, the said Grantors he.unto sct t~ir hands and seals the day and year fi~st above Signed, Scaled and Delivered in the Presence off ~.-~*,~' ~ (SEAL) Kevin L, Fuller (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNT~ OF ~f.c~-.~/.._ : On the/~' day of ~, 199g, before me, the undei~igned officer, per~onslly Jppesred Kevin L, Fuller and Ma~ L. Fuller, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instmmgnt and acknowledged that they executed ~ same fer tile ptnpo~s therein eonlained. No~y Public NOTARIAL SEA1 CONSTN~E L K/~I.I, N0f~y Publb NewC~la~l PA C~ndCo. My Cmm~l~[ml F..v~l~e~ Ap{l113,1~ p~cis= adch=ss oftbe (:]ranf~'e= herein {s as fo]]ows: k~t~gm~y for Grantees 3 COMMO~NEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : RECORDEDon ~hi$ ,~ day of. /~ A.D. 1998, in the RecordeF~ office ofthe said County, in ReconlBook ,1~'1 , ~"~"~. Given under my h~nd and the seal of the said office, th~ dal~ abow w~i~en. CERTIFICATE OF SERVICE I, Mark E. Halbruner, of P.C.I, hereby certify that on this document by first-class U.S. mail to Daniel J. Houser 1305 Forrest Drive New Cumberland, PA 17070 (Defendant) the law firm of Gates & Associates, date I served the foregoing the following: Suzanne L. Houser 1305 Forrest Drive New Cumberland, PA 17070 (Defendant) DATED: GATES & ASSOCIATES, P.C. Mark E. Halbruhe~, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) MELODY J. COKER, Plaintiff, vs. DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1039 CIVIL TERM PRAECIPE TO DISCONTINUE To: Prothonotary, Cumberland County Court of Common Pleas Please mark the above-captioned case settled, discontinued and satisfied. GATES & ASSOCIATES, P.C. Date: Mark E. Halbr6ner, Es~re 1013 Mu~a Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) MELODY J. COKER, Plaintiff, vs. DANIEL J. HOUSER and SUZANNE L. HOUSER, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1039 CIVIL TERM COMPLAINT NEGLIGENCE AND NOW, comes Melody J. Coker (hereinafter "Plaintiff"), by and through her counsel, following complaint: 1. Plaintiff Chisholm Creek Road, Gates & Associates, P.C., and ~kes the is an adult woman now residing at Lawrenceburg, Tennessee 38464. 294 North 2. Defendants are a husband and wife now residing at 1305 Pennsylvania 17070. then-husband, Thomas Sim, took 214 Third Alley, New Cumberland, Forrest Drive, New Cumberland, 3. Plaintiff and her possession of an apartment at Cumberland County, Pennsylvania (hereinafter "the Premises"), pursuant to a Lease Agreement dated September 1, 1998, between Thomas Sim, as tenant, and Kevin L. Fuller, as landlord. A copy of the Lease Agreement is attached hereto as Exhibit "A" and incorporated here~n by reference. 4. Defendants purchased the Premises from Kevin L. Fuller and Mary L. Fuller, his wife, on or about December 15, 1998. A copy of the Deed is attached hereto as Exhibit "B" and incorporated herein by reference. 14. Plaintiff would not have fallen down the stairway if it had been adequately lit. 2 compulsory arbitration under local rules, together with costs of suit, attorney fees and such other relief as the Court deems appropriate. Respectfully submitted[, GATES & ASSOCIATES, P.C. DATE: Mark E. Halbruher, Esquire Supreme Court I.D. #66737 1013 Mur~ma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) VERIFICATION The foregoing Complaint is based upon information wk~ich has been gathered by my counsel in preparation of the language of the document is that of my counsel and I have read the document and to the extent that it lawsuit. The is not my own. is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. LEASE AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO THIS (1st) !Se~terrlDer 1998) DAY OF BY AND BETWEEN(THOMAS SIM HE~E;NAFTERCALLED TENANT AND KEVlN L. FULLER HEREINAFTER CALLED LANDLORD. WITNESSETH: WPEREAS, THE PARTIES HERETO INTENDING TO BE LEGALLY BOUND. DO ENTER INTO THIS LEASE AGREEMENT~ S!J~JECT TC AND MADE UPON THE FOLLOWING COVENANTS, TERMS AND CONDITIONS PREMISES: THE LANDLORD HEREBY LEASES TO THE TENANT, JOINTLY AND SEVERALLY. IF MORE THAN ONE, DO LEASE FROM LANDLORD THE PREM!SES KNOWN AND NUMBERED AS (214 THIRD AVENUE 2ND FLOOR 2. TERM THE TERM OF THIS LEASE SHALL CONSIST Of A one Year Term Beg~nning THE 15t day of September 199B THE TERM OF THIS LEASE SHALL CONTINUE UNABATED FOR A PERIOD OF One Year. UNDER THE PROVISIONS RULES AND REGULATIONS SET FORTH HEREIN, AND TERMINATING September 1st. '~999. THE MONTHLY RENTAL AMOUNT WILL BE DUE ON THE FIRST DAy OF EACH MONTH 3 RENT: THETENANT AGREES TO PAY THE LANDLORD KEVIN L. FULLER A MONTHLY RENT OF $450.00 FOR A PERIOD OF 12 MONTHS BEGINNING ON THE IST DAY OF EACH MONTH IN ADVANCE A? P C ~OX 2~ CAMP HILL, PA 17011. OR AT SUCH A PLACE AS THE LANDLORD RSQ'JEST. TENANT FURTHER AGREES TO PAY A ,.ATE PAYMENT CHARGE OR RETURNED CHECK FEE OF $35.00 ON LATE RENTAL PAYMENTS BEGINNING ON THE 5TH DAY OF EACH MONTH. 4 SECURITY DEPOSIT: TENANT SECURII'Y $450.00 TF..NANT CARRYOVI~R FROM 315 OF $399.00 OWES LANDLORD $51,00 TO ACTIVATE LEASE, THE SECURITY DEPOSIT SHALL BE HELD BY LANDLORD KEVlN L, FULLER FOR PAYMENT OF IMPROVEMENTS AND OTHER AMOUNTS DUE FROM TENANT TO LANDLORD FOR THE TENANT'S PERFORMANCE OF TIllS LEASE AND AGAINST ANY DAMAGES TO THE PREMISES OR ANY OTHER PART OF THE LANDLORD'S PROPERTY 8Y TENANT AND GUES'r~ UNDERSTANOS AND AGREES THAT THE ~ECURITY DEPOSIT M~Y NOT BE APPIJED AS RENT OR AGAI~JST ANY OTHER AMOUNT DUE FROM TENANT TO LANDLORD WITHOUT LANDLORD'S WRITTEN CONSENT, AND THAT TIlE MONTHLY RENT WILL BE PAiD EACH MONTH, INCLUDING LAST MONTH;S RENT oF THE LEASE TERM. WITHIN 60 DAYS FOLLOWING TERMINATION OF THIS LEASE, LANDLORD SHALL RETURN THE SECURITY DEPOSIT LESS ANY DEDUCTION6 FROM IT ON ACCOUNT O? AMOUNTS OWED BY TENANT TO LANDLORD OR IMPROVEMENTS TO SAID SPACE LANDLORD WILL MAIL CHECK PAYABLE TO TENANT OR PERSON S~GNING THIS LEASE TO A FORWARDING ADDRESS WHICH MUST BE FURNISHED BY TENANT IN WRITING. 5 TERMINATION OF LEASE: LANDLORI~ KEVIN L. FULl:ER MAY TERMINATE THIS LEASE WITHOUT CAUSE BY GIVING A30 DAYS PRIOR WRITTEN NOTICE TO TENANT, BUT ND TERMINATION BY LANDLORD WITHOUT CAUSE CAN TAKE EFFECT DURING ]-HE 1 YEAR TERM. AFTER THE EXPIRATION OF THE iNITIAL 1 YEAR TERM, THE TENANT MAY TERMINATE THIS LEASE WITHOUT CAUSE ONLY BY GIVING WRITTEN NOTICE TO THE LANDLORD AT LEAST ~)FULL CALEND~4R MONTHS IN ADVANCE OF THE DATE ON WHICH TENANT WISHES TO TERMINATE. WHICH DATE MUST BE THE LAST DAY OF A CALENDAR MONTH, AND BY PAYING TO THE LANDLORD AT THE TIME THE SAID WRITTEN NOTICE IS GIVEN,ALL RENT DU~ TO THE TERMINATION DATE OF LEASE. 6 RENTAL INCREASE: ,~fter A 1 year tel3'n, THE LANDLORD KEVIN L, FULLER, MAY INCREASE THE MONTHLY RENTAL BY GIVING NOTICE TO THE TENANT. THE RENT ;NCRE~SE WILL TAKE E~'FECT UNLESS TENANT SHALL TERMINATE THE LEASE AS PROVIDED IN PARAGRAPH 5 HEREOF. 7, UTILITIES: TENANT WILL PAY THE UTILITY COMPANY OR LANDLORD FOR PHONE. ELECTR!C, GAS AND WATER LANDLORD PAYS NO UTILITIES USE OF PREMISES: TENANT AGREES TO USE THE PREMISES ONLY AS RESIDENTAL SPACE AND NOT TO ASSIGN THIS LEASE OR SUBLET THE PREMISES TENANT AGREES NOT TO DO OR TO PERMIT ANY ACT OR PRACTICE IN JLIRIOUS TO THE PREMISES, WHICH MAY BE DISTURBING TO OTHER ADJOINING RESIDENTS WHICN MAY AFFECT THE INSURANCE ON THE PREMISES OR V~'HICH tS CONTRARY TO BY LAW. TENANT IS RESPONSIBLE FOR DEBRIS OUTSIDE THE PREMISES i.e TRASH PAPERS, WEEDS, ICE AND SNOW REMOVAL, GENERAL CLEANLINESS AND NON CURRENT BUG INFESTATION. NO PETS PERMITTED. CARE OF PREMISES: TENANT AGREES TO USE DUE CARE IN THE USE OF PREMISES, THE APPLIANCE THEREIN AND ALL OTHER PARTS OF LANDLORD'S PROPERTY. TO GIVE NOTICE TO LANDLORD-KEVIN L. FULLER. OF ThE h~EED FOR REPAIR THEREOF AND TO PAY FOR ALL REPAIRS TO THE PREMISES. ITS CONTENTS AND TO ALL OTHER PARTS OF LANDLORD'S PROPERTY WHICH ARE NECESSq'ATED BY ANY ACT OR LACK OF CARE Oi'~ THE P/~RT OF TENANT OR VISITORS ALL IMPROVEMENTS (AGREED TO BY THE LANDLORD) MACE BY THE TENANT IN THE SAID SPACE BECOME PROPERTYOF LANDLORD. LANDLORD WILL MAKE NECESSARY REPAIRS TO THE PREMISES WITH THE FINANCIAL WHERE WITH ALL, THEP, E}N WITH~N A REASONABLE T!ME AFTER TENANT NOTIFIES LANDLORD FOR THE NEED FOR REPAIRS. TENANT WiLL LEAVE PREMISES !N GOOD REPAIR. WHEN VACATING WILL BE CHARGED FOR C~EAF~ING AND REPAIRS THEREOF 19 DAMAGE BY FIRE: IF THE PREMISES ARE DAMAGED BY FIRE OR OTHER CASUALTY. LANDLORD KEVlN L. FULLER UPON INVESTIGATION ElY LEGAL AUTHORITIES SHALL DETERMINE FINANCIAL RESPONSIBILITY OF CAUSE AND FAULT TENANT AGREES IF IN FAULT, TO PAY FOR IMPROVEMENTS AND REPAIRS THAT BRINGS SAID TO CURRENT CODE STANDARDS LANDLORD AGREES TO HAVE I~r REPAIRED WITHIN REASONABLE TIME F{ENT SHALL CONTINUE UNLESS THE CASUALTY RENDERS THE PREMISES UNTENANATABLE, IN WHICH CAS. E, THIS LEASE SHALL TERMINATE AND TENANT UPON PAYMENT OF ALL RENT TO THE DATE, THE PREMISES IS SURRENDERED AND TENANT SHALL NOT BE LIABLE FOR ANY FURTHER RENT. 11. RIGHT OF ENTRY: LANDLORD KEVIN L. FULLER OR ANY PERSON AUTHORIZED BY HIM HAS THE RIGHT TO ENTER THE PREMISES AT REASONABLE TIMES TO INSPECT, MAKE REPAIRS OR ALTERATIONS AS NEEDED TO ENFORCE THIS LEASE AND AFTER PROPER NOTICE IS GIVEN TO SHOW THE PREMISES TO PROSPECTIVE TENANTS AND OR BUYERS. 12. LANDLORDS REMEDIES: IN THE E~ENT THAT TENANT SHOULD FAIL TO PAY RENT OR ANY OTHER SUM TO LANDLORD KEVIN L. FULLER WHEN DUE SHALL DEFAULT IN ANY OTHER PROVISIONS OF THIS LEASE: OR SHALL REMOVE OR ATTEMPT TO REMOVE ANY OF HIS POSSESSIONS FROM THE PREMISES BEFORE PAYING TO LANDLORD ALL RENT DUE TO THE END OF THIS LEASE TERM, LANDLORD IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW MAY A) ~ISTRAIN FROM RENT: TENANT WAIVES THE BENEFIT OF ALL LAWS OR USAGE'S EXEMPTING ANY PROPERTY FROM DISTRAINT FOR RENT AND WAIVES APPRAISEMENT OF ANY PROPERTY DISTRAINED. B) TERMINATE THiS LEASE: TENANT SPECIFICALLY WAIVES THE RIGHT TC THE THREE (3) MONTHS NOTICE AND TO FIFTEEN(15) DAYS OR THIRTY(30} DAYS NOTICE REQUIRED BY THE ACT OF ASSEMBLY OF APRIL 5. !95!~ P L. 69 OR AMENDMENTS TO SAID ACT P.L. 69 AND AGREES THAT FIVE (5) DAYS NOTICE OF TERMINATION FOR BREACH OF LEASE SHALL BE SUFFICIENT IN THE EVENT THAT THE LANDLORD SHALL HAVE THE RIGHT TO COMMENCE AN AMICABLE ACTION OF EJECTMENT FOR THE PREMISES DESCRiBEDHEREIN, ~ TENANT HERESY A'JTHORIZES AND EMPOWERS ANY ATTOR~IEY TO SAID AMICABLE ACTION OF EJECTMENT O,N TENANTS BEHALF. IT SHALL BE LAWFUL FOR THE PROTIdONOTARY OF THE COURT INWHICH SUCH ACTION IS BROUGHT AND HE IS HEREBY REQUESTED BY THE TENANT TO ENTER SUCH AMICABLE ACTION OF EJECTMENT, ALSO TO ENTER JUDGEMENT FOR THE LANDLORD BY CONFESSION AGAINST THE TENANT WITHOUT ANY STAY OF EXECUTION FOR THE RECOVERY OF THE POSSESSION OF THE SAID PREMISES WITH JUDGEMENT AL~3 FOR ALL UNPAID RENT. 13 RULES AND REGULATIONS: TENANT AGREES THAT HE AND GUESTS WILL COMPLY WITH THE RdLES AND REGULATIONS PERTAINING TO OCCUP~CY OF THE PREMISES WHICH ARE ATTACHED HERETO AND MADEA PART OF THIS LEASE. 14 SUBORDINATION: THIS LEASE IS SUBJECT TO At~D SUBORDINATE TO THE LIEN OF ALL MORTGAGES NOW OR AT ANY TIME HEREII~AFTER PLACED UPON ANY PART OF THE LANDLORD S PROPERTY WHICH INCLUDES THE PREMISES TO EXTENSIONS OR RENEWALS THEREOF. lrENANT AGREES UPON REQUEST, TO EXECUTE SUCH FURTHER INSTRUMENTS EVIDENCING SUCH SUBORDINATION AS LANDLORD MAY REQUEST, AND IF TENANT FALLS TO DO SO,LANDLORD IS EMPOWEREDTO DO SO )N THE NAME OF TENANT~ LANDLORD MAY TRANSFER THIS LEASE AT TIME OF ANY LEGAL SALE OF PREMISES 15 NUISANCE: THE LANDLORD KEVIN I., F~LLER, HAS THE RIGHT TO DECLARE THE WITHIN DESCRIBED LEASE NULL AND VOID AND TO IMMEDIATELY TERMINATE ALL RIGHTS OF THE TENANT THEREUNDER IF TENANT SHALL CAUSE SUCH CONDUCT OF ANY NATURE WHATSOEVER AS rD BECOME A NUISANCE TO OTHERS, '1HEREBYAFFECTING THE HARMONIOUS ATMOSPHERE OF THE NEIGHBORHOOD OR TO OTHER TENANTS AFFECTING THEIR QUAL!TY OF LIFE EXAMPLES: LOUD MUSIC, LOUD VISITORS, ETC .. TENANT AGREES THAT ILLEGAL DRUGS OF ANY KIND ARE NOT PERMITTED WITHIN SAID PREMISES AND ARE GROUNDS FOR IMMEDIATE FORFEITURE OF RIGHTS IN THE ABOVE CLAUSES. IMMEDIATE EJECTION FROM SAID PREMISES AND A FULL POLICE INVESTIGATION TENANT FURTHER WAIVES ANY AND ALL NOTICE OF SAID TERMINATION AND SHALLVACATE SAID PREMISES IMMEDIATELY 17 PARKING THETENANT THOMAS SIM AGREES TO ONE PARKING SPACES THE TENANT FURTHERS AGREE~ THAT GUESS OF THE TENANT SHALL NOT BE ALLOWED TO PARK IN PARKING LOT BETWEEN 315 BRIDGE STREET AND 214 THIRD AVENUE, VIOLATION OF THIS SECTICN WILL LEAD TO ILLEGAL CARS BEING ~ OWED AND THE LEASEE: THOMAS SIM IN VIOLATION CF SAID LEASE. LANDLORD KEVIN L. FULLER TENANTS HOME PHONE ~'~) -- (~/~ 7 TENAI~TS WORK PHONE F!RST PHONE NUMBER IN CASE OF EMERGENCY: Pet Exemption [or 214 Third upstairs One saiO pat allowable, co-',ditions as set. tenant responsible for cat stains on ca,)et and said space, tenant responsible for general cleanliness and allavlatio~ of cat odors that might effect adjoining residents. Tenant will attend immediately to excessive noise. The tenant agrees l~at pet will not be allowed outside and will be responsible for any at~acKs et' any kind. Tenant understands that the pet exemption ia a privilege, excessive complaints of any kind will be cause for cat removal. The cost for thlt/-,examption is $50.00 non-rafunclabla. ~Th omaa Sim Kevln L. Fuller EXHIBIT "B" DKKD THIS DEED, made hm I $~'a~y of ~)e-¢~,~m~ , ~n the year of our Lord one thousand rune hundred nmety-mght (1998). BETWEEN KEVlN L. FULLER and MARY L. FULLER, husband and wife, Grantors, and DANIEL J. HOUSER lad SUZANNE L. HOUgER, hushand and wife, WITNI~SSE'I'H, that the said Grantors, for and in considelation oftha sum of Two Hundred Thirty Five Thousand and 001100 ($23S,000.00) Dollars, lawful money oftha Un/ted 8tetes of Ameriaa, unto it well and italy paid by the said Grante~, at and b~fore the sealing and delivery qf thesz pr~a~nte, the rec~pt whaa~f is hereby aaknowledged, have granted, bargained, sold, alieaed, enfanffed, released and confirmed, and by fl~'se pre~nts do grant, bargain, sell, alien, enfeoff, release and convey and ~mfu'm unto the Grontees, thait hei~ and assiges, Tract h ALL THAT CERTAIN tract or parcel ofhnd and premises, situate, lying and being in the Bowugh of New Cumberland in the County of Cumberland and C~lth of peamylvania, m/ne particularly desorthed as follows: BEGINNING at a point, the Southeast comer of Bridge Sheet and Third Avenue; thence in a Southerly dir~tion along Bridge Street, fifty (50) feet to a point on the line of Lot No. 144 on the hareinal~r mentionnd Plan of Lots; thence in an Easterly direellon along the line of Lot No. 144, one hundred fifty (150) feet to an alley; thence in a Northerly dil'ecfion along s~id alley, fifty (50) feet to a pa'mt on the line of Third Avenue; thence in a Westerly direetion along Third Avenue, one hundred fifty (150) feet to a point, the place of BEGINNING. BEING Lot No, 145 on the General Plan of the Borough of New Cumberland. ItAVING THEREON erected a three story office and apatlment building known as 315 Bridge Street, New Cumberland, pennsylvania. EXCEPTED fi-om the above description is a certsin parcel with dimensions ofg0 feet along Maple Avenue and an even depth of 30 feet along Third Avenue. HAVING thereon erected a dwelling Imown ns 313 Bridge Street, New Cumberland, Pennsylvania. REGISTERED BY 11iE P?~OU~-H ~ rt~ CUMBERLAND ALL THAT CERTAIN lot o£ ground with a brick garage and dwelling erected thereon situate in thc Borough of New Cumberland in lhe County of Cumhorland and Commonwealth of P~neylvants, mo~ pariioulmqy described az follows: BEGIIqNI~G at a point, Southwest comer of Third .~venue and Maple Avenuel thence Southeasierly along Maple Avenu~ fifty (50) feet, rno~ or ]e.s~, to Lot No. 1441 throe SouthwectWlrdly alo~lg slid line of lot thirty (30) feet to a point; thence No~hwestwardly through Lot No. 145, fifty (50) feet, more or leu, to Thhxi Avenue; thence Northwestwardly thirty (30) feet along Third Avenue to the place of BEGINNING. BEING the Easterly pall of Lot No. 143 numba~ on the general plan of the Borough of New Cumberland. UNDER AND SUBJECT, nevertheless, to the r~strictions, fights of way, easements and conditions of prior record Pertaining to said property. BEING Tile SAM~ PREMISES which William L. Freeman a/k/a William Laland Freeman, Executor of the Last Will and Testament of Willtsm Newby Freeman by deed dated July 12, 1996, in the Office of the Recorde¢ of Deeds of Cumberland County, penneylvania, in Deed Book //~.~. . Volmne , Puget,_, gr~nted nmi conveyed unto Kevin I~ Fuller and Mary L. Fuller, Gntntors herein. TOGETHER with all and singular the buildings, improvements, ways, sll'ee~ alleys, passages, waters, water- courses, rights, liberties, privileges, hereditsmants and appurtenances whe~eever thereunto belonging, or in any wise appertaining, and the reversions and remainders, ~nta, issues and profits thereof; and all the estate, fight, title, interest, propeity, claim and demand whetsoever of it, [he said Grantors, in law, equity, or otherwise howsoever, of, in, to or out of the s~me, TO HAVE AND TO HOLD the said lot or piece of ground shove deserihed, with the buildings and improvements thereon erected, he~ditsments and pt~raises hereby g~nnted or mentioned, and intended so to he, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. And the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNE~ WHEREOF, the said Grantors he.unto set their bands and seels the day end year first above Signed, Sealed and Delive~d in the Presence of,' Kevin L, Fuller Mm'y L. F~l~r (SEAL) COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF : On the/~' day of ~, 1998, before me, the undersigned officer, personally appeared Kevin L. Fuller and Mary L, Fuller, known to me (or satisfacto~ly p$oven) to bo the per~n whose names a~e subscfibod to the wRhin instrum~t and acknowledged that they executed th~ ~rne for the pml0O~es therein contained. Nomy Public NOTARIAL SEAL CONb-'T,~HOE L KARLL N0~a)' Public New C;um~, PA Cumb~a~l C0, M)' COmllllss ca Explles A~xl113,1999 , that the precise address of the Gnulteez I~reln is as follows: ~.~m~y for Grantees 3 COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : RECORDF~on this ~ day of ~ A. D, 1998, in the R~order's offic~ of the said County, in Record Book ,~{// , ~. Given under my hand and the s~al of the said office, th~ gate abo,~ CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates & Associates, P.C., hereby certify that on this date I served document by first-class U.S. mail to the following: Daniel J. Houser 1305 Forrest Drive New Cumberland, PA 17070 (Defendant) the foregoing Suzanne L. Houser 1305 Forrest Drive New Cumberland, PA 17070 (Defendant) DATED: GATES & ASSOCIATES, P.C. Mark E. Halbru~, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff)