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HomeMy WebLinkAbout10-5776 GUPy2P?Nila (L?'?N? i,? ?Y PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Gt.vn6 -"1&*_,? ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal. Common Pleas j ° 3 224 , upon the District Justice designated therein on (date of service) q2010 ® by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. (name) );y jp C, / i .y?Gon 20 ? by personal service 21 by (certified) (registered) mail,, sender's receipt attached hereto (SWORN) (AFFIRMED) AN SUBSCRIBED BEFORE ME THIS 3 *ewhorn OF ` 20 I(1. signature of offic affidavit tvas made Signature ofaNianf Title of official ?>uTM Q pENNSYL.VANIA My commission expires on Not" 9" PuE?Nc pawy My Yau CAM t:pr?oYM! tlbrry, 01,11" bVWX11 County My June 22 2014 COMMONWEALTH OF PENNSYLVANIA r,Ol INTY np. CUMERLAND Mao U:? No 09-3-05 MaJ Ndaze Hon MARK MARTIN Aft e- 507 N FORK ST MECHANICSBURG, PA TeIephal (717,1 766-4575 17055 SCOTT BOLGER 675 WOODBURNE ROAD LEWISBERRY, PA 17339 HEARING: CIVIL ACTION HFJMIgG NOTICE OF INTENT TO DEFEND PLAINTIFF: NAME any} AnDAFlS3 FSNAVSLY, CMISTOPMER MICHAEL, BT AT? 107 N EAST ST APT/STE A CARLISLE, RA 17013 L J V3. DEFENDANT: NAME end ADDRESS rBOLGER, SCOTT 7 675 WOODBURNS ROAD LEWIsBERRY, PA 17339 L Docket No.: CV-0000204-10 Date Filed: 6/25/10 Date: 08/09/10 Place:DISTRICT COURT 09-3-05 507 x YORK ST 11 MECHANICSMMG, PA 17055 Time: 10:30 AM ? J PLAINTIFF: SNAVELY, CHRISTOPHER. MICHAHL, You are hereby notified that the defendant named below has given notice of his intent to present a defense at the hearing in the above case. DEFENDANT: 'BOLGER, SCOTT 7/14/10 Date My commissiowexpires first Monday-of January, 2012 nt [ ii/li? 9' to 4 , DAIPS PRINTED: 7/14/10 2:09:33 PM AOPC 823-05 Judge it w ?3 ? y}z• ', Lr) - Postage ? ertiti2v. F-e<r { O Return Receipt Fee 0 (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) O rR total Postage & Fees .T , M r e1 (._.._.,1.I..L.. F ('?,Kr srara. z? +4 ?. . Postmark s " f ?` 4tere? , ?J COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FILE NO. 10-5776 CIVIL PLAINTIFF CHRISTOHPER MICHAEL SNAVELY STEPHANIE KAY SNAVELY 107 N EAST STREET APT A CARLISLE, PA 17013 V. DEFENDANT SCOTT BOLGER 675 WOODBURN ROAD LEWISBERRY, PA 17339 ~~ ~~ir~o-o>= Fier c~~ ~~~~ ~~o~~o~~o~~R~ 2JZia SLP 23 Pry 12= 33 cu~s~~~~~~o eou~~~ ~~~~s~irv~~o~ COMPLAINT- Anneal was filed against the initial jud~rnent previously ruled in Magisterial District 09-3-05 by District Judge Mark W. Martin. The judgment was ruled in our favor. We rented an apartment from Scott Bolger at 53 West Main Street in Mechanicsburg. Our security deposit was $775.00. We moved out May 1, 2010 and left our forwarding address with our notice to vacate. We were not given our security deposit back or written explanation of what our deposit was applied to within 30 days. We had to call the building manager, Ruth Bolger, on June 8, 2010 to inquire about it. She then sent out an invoice listing what items our deposit was put towards and that we owed them an additional $292.94. In the district court case, judgment was ruled for us in the amount of $1646.50, which is twice the amount of the security deposit plus court costs. This ruling was based off of the District Judge's interpretation of the Landlord. Tenant Act of 1951 and the evidence presented. We agree with this determination and file a complaint in this appeal. Signature of P hff ~/ ~ I~.~ lao~o Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CumbeHand 09-3-05 «o~ wma: ~. Mark W . Martin 507 N. York Si. Mechanicsburg, PA 17055 r.rot~: (717)766-4575' CIVIL COMPLAINT PLAINTIFF: w-ME ane ADOaESS ~C1nc ~ska ph~.r M~ cheat S ~nave.l~ - g~-e,P~nc~n;2 Y~.c~. r~o..u.e~\~ Co-~~~sle, PP- t~di3 VS. J DEFENDANT: NAME ano ADDRESS rSCo-1~ ~o1c~er -~ to-tS Woadk~vrn.e Rom L L~~sbe.~ r~ , Pal t '13"~Q J Docket No.: [ ~'~ . Date Filed: ~Q" ~ ~i v __ - FILING COSTS AMOUNT S ~~~ y-= ~ _ _ . . DATE PAID j n / Z ~i I POSTAGE 5- Q ~jlJ -4~~ ~ ZSl l D SERVICE COSTS S / / ' CONSTABLE ED. _ S __ 1 i TOTAL ~__f_S~ ~~~ Pa.R.C.P.O.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: Tht above named plaintiff(s) asks judgment against you for 1 togathsr with co: upon the fogowing claim (Civil tines must include citation of the statute or ordinance violated): ~i; cGr~c-d O~+n at~r-tm~rY+- -~a+nn $ca1+ 3c1~ arF 53 w Main ~, P-p~a ~.~ Mcchan:aburg. W G M oJed p~ Mai 1, 2010 0.r~d lt.~+ oar -Eocwarding 0.ddrLSS c,.~ c-~h O~,r t~ci4-iC.~ , WL w¢xt fly c~w¢~n Our Securi+y dR-posit oar wri~~ 2Xplanor~on ~'~t Surge t012oto, A~4car ~n av : n c, ho Ca\ 1 ~~ ~,; 1 din cs Mori a9~.c, R,s~w, Bayer. w e Wert a.d V ~S~d ~i-h a-t w e w ou . d ~c~~- bL ose--i4tn9 our d.epog;+ o~ ~'1 "75-0o bac.~c ar~d we owed add~.;;orla 1 mcnt. w2 o.~L scza~:c~9 -~tw~ca..~,2 o~mo~n+ a~ ~ sec.ur:-~ d.e~s,+ fY;,nvs --I~h~2 c\2o~r,:r~ -~4. 0.+r1d CoS~- -iv +rQplac~ -Nti¢_ -bt:~.-I• S Cc~^I'. 1. n l .5rri-vc verify that the facts set forth in this complaint ars true and correct to - - .. • uts~ft6thapapa ~ Of the CnR Code (18 PA. C.S. §4900 related to unswom falsification to authorities. ~~~ ~G ~;t ~~~ • -bigna:urc o or ut- -gent Plaintiff's Attorney: Address: 7elephotte: ( ) IF YOU INTEND TO ENTER A OFFENSE TO THIS COMPLAINT. YOU SHOULD SO NOTIFY THIS OFFICE IMMEOWTELY AT T ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR OFFENSE. UNLES8 YOU [ JUDGMENT MAY 6E ENTERED AGAINST YOU 8Y DEFAULT. If you have a claim against the plaintiff which s within magisterial dstr:ct judge turisdlctian and which you intend to assert at the hearing. you must file R on a complaint form at this office at (east five (5) days oefore the date set for the hearng tf you are disabled and require a reasonable accommodation to gain access to the Magisterial District-Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05 ~~~ Scott Bolger 675 Woodbume Road Lewisberry, PA 17339 June 9, 2010 Christopher & Stephanie Snavely Christopher Turnbull 107 N. East Street Carlisle, PA 17013 RE: Apartment 2 - 53 West Main Street Security deposit/damages Dear Stephanie, Christopher and Christopher: Below is a disc of costs for replacement of the Washer/D.ryer. Our appliRnce service company (Harner's appliance service) said the unit was damagedbeyond repair to due negligent use. (It was overloaded) Additionally, there is a cost for cleaning the apartment. The apartment left in a disreputable state and not cleaned in accordance with your lease. Washer/Dryer replacement cost $952.94 Credit for 2 years depreciation - 5350.00 Subtotal $602.94 W/D Service call 1 $126.52 W/D Service call 2 $ 53.94 Apartment Cleaning Service $300.00 Toilet seat $ 10.48 Depreciation of stovetop (chipped off enamel) $ 75.00 SubTotal $1167.94 Your deposit $ 775.00 Totsl asoiit owed sZ9Z.94 We would appreciate your prompt payment. Thank you. Sincerety, Scott Bolger Landlord .. CC: Bureau of Consumer Protection, Office of Attorney General November i, 2009 To Whom lt May Concern, As you are aware, we have been wittrout a working washing machine for overtwo months now. Originally, we had though the heft had broke. Upon our investigation into the problem, we have discovered thatthe belt is in good condition. ft seems to us thatthe issue Iles with the water pump. ft is ourundersfandingthatyou have assumed that ftwas our misuse that caused the washerto be out of service. How are we to acoeptthis aaxrsation when no one has been out to krok at ft? We have pulled the washer/ dryer unft out and still have the front panel offso thatyou are able to easilyview and find out the exact problem. We will not payfor ftto be repaired unless ft is detenntrred that, without a doubt, we caused the damage from mishandling. Thkrgs do breakfrom normal wearand ter. lt has been a longtwo months of cartlngourdirty laundrytio a fadiftym payto wash ourclotlring. When we decided tD move here,thewasher/ dryer available in our unlt had a huge impact in our choice m pick this apartment. lt isvery frustratingto pay 8775 a month foran apartmentwhen a portion ofthat rent is going towar+~ a washerarrd dryerthat does notwork. We also have been without oursecurity phone since we moved in. This issue has been broughttio your attention multiple times. Honestly, we have been here since,lydy and ft is now November. We have been extremely patientwith this and now rt is beoominga problem. This was promised to be dare months ago and that promise eras not kept. We appreciate yourprompt attention in f6dng these problems. ffthese issues are not addressed in a timely manner, theywill be fawartled to the ConsumerProbectiorr Department at the AttonreyGeneral's Office. Sincerely, Residents atnpartment 2 ChristopnerSnavety 717-525-1237 Stephanie Snavey 717-525-1236 ChrintopherTumbuli 717-991-5634 ~~ ~[ ~ ~ Ic~.nC1 la-'d Complaint After staring a load of laundry in late August, I started to smell something burning and realized that the washer was not working properly. I fumed the washer off and immediately called the building manager, Ruth Bolger. She seemed very irritated that this happened and she said that no one was to touch the washer, that she would get someone out to look at it. This did not happen immediately. It took a good week or so until Ruth and a repairman came out. I (as well as the other two tenarns) was at work and could not be present at the time they were there. She did call after they were done. She advised that they were not able to look at it since it was full of water. It became our responsibility to remove the water from the basin, even though it was previously told that we were not to touch it. We called her back so that she knew that it was emptied out. She advised that she thought that it probably broke because we put too many clothes in the wash and that she would have someone to come out again to see the cause of the malfunction. This never happened. Another tenant called her a few weeks later and she told him that it might not be our fault since nothing is listed on the washer to show what an appropriate load of laundry is. Still no one came out. We called again. This time we were advised that it was now our responsibility to fix it. We pulled the washer out from where it sat, unhooked the front panel and took a look at it. We figured out that the problem with it is the water pump. It does not empty the water during the cycle, which causes stress on the basin and the belt, which causes the burning- type smell. From there, there was no further correspondence for 2 or 3 weeks. I decided to write a letter as a formal request (and a last resort) as it is very frustrating to go this long without someone looking at our washer. It has been over a month since that letter was given with our monthly rent check and there has been no response. I really enjoy living at the location that we are at and really h'lce the apartment. We moved to this apartment, partially because it did have a washer and dryer. Now, since August, we have been paying our fiill amount of rent and having to take the extra time and spend the additional money to go somewhere else to wash our clothing. What would you like the business to do to settle yoar complaint? Honestly, I just want the washer fixed. I don't want to cause trouble with the landlord. I do not know why this issue has been drug out so long. It's very stressful on all of us as we fear that (1) if we press this issue, it will continue to cause very bad tension between us and the landlords and (2) we will have to continue to haul our humdry to a facility to pay for ft to be washed when there is a washer located in my bedroom that I pay for each month. -~i 12C~ v.~ ~~ ~~~~~ ~- 2,~~a,1 ~s o-~- ~ cam. TOM CORBETT ATTORNEY GENERAL Stephanie Snavely 53 West Main Street, Apt. 2 Mechanicsburg, PA 17055 Ref: Scott A. Bolger, A-00724T-2009 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION Harrisburg Regional Office 301 Chestnut Street, Suite 105 Harrisburg, PA 17101 (717) 787-7109 January 29,-2010 Dear Ms. Snavely: - - - _ __ _ The enclosed. correspondence is related to your complaint filed with the Bureau of Consumer Protection. Please provide us with a written response to this correspondence within - fifteen (15) days of the date of this letter so that we may further evaluate your complaint. If we do not hear from you in a reasonable amount of time, we will assume that you do not wish to pursue the matter further. Thank you for your cooperation and attention to this matter. Very truly yours, Karen L. Wilkinson Consumer Protection Agent ml Enclosure 25C R-est~o~~~ ~ camp l~~ r1-t- January 20, 2010 Commonwealth of Pennsylvania. Office of Attorney Gieneral Bureau of Consumer Protection 301 Chestnut Street Suite 105 Harrisburg, PA 17101 ~,~~~~ SAN ~~~Ai9 Attention Karen L. Wilkinson, Consumer Protection Agent Consumer Complaint from Stephanie Snavely, A-007241-2009 Dear Madam: _ _ ~._ - - -- _-- _ _ ---__ - _ -_ _ __ .. _ _ __ , __ _ __ This letter is in reply to your letter referring to the above complaint from Stephanie Snavely, Apt. 2, 53 W. Main Street, Mechanicsburg, PA 17055. Concen~ing the lack of a security phone in their apartment. That issue had been resolved some tune ago. At the time, I had explained to the tenant that Bob's Lock, the company that had in.~lalled the system in our apartment building were very busy and it took longer than expected to install. This issue was a minor inconvenience as there is a second entrance to the apartment from the outside. Guests could always approach the~apartmerrt from that entrance until the main entrance phone was installed. The second complaint is regarding their washer/dryer. The washer/dryer which is a heavy duty model costing S9f10.00 is less than 4 yrs. old The Snavelys and their friend Chris Turnbull moved into the apartment and shortly after they moved in the washer/dryer broke. Harper Appliances in Mechanicsburg fixed the washer within days. They informed me that the problem was the fault ofthe-tenant. The. _ ___ lid was forced open when it was in use. We paid for the repair of this washer/dryer as a . gesture of good .will for a new tenant. Shortly thereafter however, the washer broke ~~ I informed them that I would get an appliance repair person in there and if they deemed the problem overloading the washer, they would have to pay far it. Mr. Snavely was very rude and uncooperative and told me: `gy'm not going to pay dome a**hole to fix my washer for $700.00 or more, and I'll fix it myself!" I informed Mr. Snavely that we would. not allow him to fix the washer. I called Mama Appliances to look ~ the washer. It-was full of water, and couldn't be moved. He said they had. overloaded the washing machine. We sent the attached letter to the Snavelys and Chris Turnbull on-December 8, 2009. Bureau of Consumer Protection -2- January 20, 2010 My position is that the washer and dryer appliance is a privilege not a right for the apaxfinent. It is not in the lease. We have bent over backwa~~ds to keep our tenants happy. We fixed it once despite their abuse of the appliance. It is clear that the tenant will have no incentive to treat the appliance with respect if it co~inues to be repaired without cost to them. Theaefore, we have offered ~e tenants two options. 1. They can ~ pay for the repair themselves. 2. They can move out as vane have of~ed to let than out of their lease anytime. I hope that this clears up any concern that your office may have concerning this complaint. We have many tenants in many buildings over the S years we've been landlords and we have always had excellent relationships with our tenants. Please contact me for any further information. ' Sincerely yours, Scott A. Bolger, Owner ,.~~~ ~ Ruth H.. Bolger, Building Manager Enc. 1 Ruth H. Bolger 675 Woodburne Road I.ewisberry, PA 17339 December 8, 2009 Ghris and Stephanie Snavely and Chris Turnbull 53 Nest Main Streets Amt 2 _ _ _ _ _ - _--- __ _ ___ - ._ ___-- __ _ Mechanicsburg, PA 17055 Re: Washer Dryer in Apartment 2 This letter is to inform you that I have contacted Mumma Appliances at 761-2080 to advise them that you maybe calling them to repair the washer/dryer in the apartment ai your expense. They advised that they would be able to send a repairman at your request. I trust that if you wish to have it repaired you will call them. Sincerely, !~ ~- r Ruth H. Bolger LEASE AGREEMENT 1. DATE OF LEASE: July 15, 2009 2. PARTIES TO LEASE AGREEMENT: TENANT: Stephanie and Christopher Snavely sad Chris Taraball 3. LANDLORD: Scott A. Bolger 4 PROPERTY ADDRESS: Apt. 2, 53 West Main St, Mech~wicsbarg, PA 5. TERMS OF LEASE: Terms of this Lease: Starting Date: This lease starts on: July 15, 2009 Ending Date: This lease ends on: July 14, 2010 This lease will automatically renew for continuous and consecutive terms of 2 full calendar months at the Ending Date unless: A. Tenant gives Landlord 60 days written notice before Ending Date or before the end of any Relnewal Term or B. Landlord gives Tenant 6~'1 days written notice before Ending Date or before the end of any Re~ewal Term or C. Landlord and Tenant negotiate a new lease and terms at the Ending Date or before the: end of any ~tenewal Term. D. Tenant 8grees that a fiill #nonth's rent is due for any month in which there is partial occupancy. 6. RENTAL AMOUNT: A. The total amount of rent due over the term of this Lease is $9,300.00 B. The rental amount due aid payable in advance monthly is $ 775.00. C. Rent is due ON or BEFO~tE the FIRST Day of each month. D. Tenant will be charged a date charge of 10% if rent is more than 6 calendar days late equal to $77.50''., E. Tenant will pay a $33.00'fee for any check which is returned by any bank. F. Tenant is to make all rend payments and other charges payable to: Scott A. Bolger, 675 DBURNE DR, LEWISBERRY, PA, 17339- ~' 7. PAYMENT SCE ULE: A. .Indemnification deposit. ~~ ............................... $ 775.00 B. First fu11 month's rent in t~e amount of ............... $775.00 Total Amount Dae befo Tenant Moves Ia: $1,550.00 $. US F PR P TY ANTS:. A. Tenant will use Properly a residential dwelling only. Tenant will not use the properly for commercial uses. B. Not more than 3 persons will live on property. List all names here: Stephanie Snavely, Christopher Snavely, Chris Turnbull 2 C. Guests are permitted. A guest is a visitor for two (2) weeks or less. D. Tenant will not use the Property for any unlawful or illegal purpose. 9. PET POLICY: A. No pets or animals of any land are permitted on or within the leased property. B. EVICTION MAY RESULT IF ANY PET(S) ARE FOUND BELONGING TO TENANT(S) AID/OR GUESTS ON THE PROPERTY. ~,~ ~~r I~-11.x.:• ~~© ,~~_~ o~ c~ r,~- ~ ~~ 10. NO-SMOKING POLICY: A. No smoking of tobacco of any kind is permitted inside leased property dwelling. 11. REPAIRS TO PROPERTY BEFORE MOVING IN. IF ANY: A. Tenant understands the Landlord will make no repairs, additions, or changes to the property except as follows: 12. SUBLEASING AND TRANSFER: A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new Landlord. B. Tenant may-not transfer this Lease or Sublease (rent to another person) this property without Landlord's writtenpemussion. 1<2. I,P!'IE~ Aim SERZ~CE: A. LAIv~LORD will pay for or provide the following utilities and services: Lawn and Shrub Care B. TENANT will pay for or provide the following utilities and services: Electric, Gas Telephone Cable T.V. Service or other TV service C. Landlord shall have the right temporarily to stop the services of any utility in the event of accident affecting the same or to facilitate repairs or alterations made to the Building. D. The applian~tems marked off below are provided for the Tenant's use. Landlord shall have fiill discretion as to whether any given appliance shall be repaired or replaced. Tenam must tell Landlord if any of these items are not working properly: Refrigerator x Range/Stove x Microwave x Dishwasher x- 3 14. SPECIAL CLAUSES: If it is found that any part of this lease is void because of any law, it will void only that part not the entire lease. A. Tenants will have the carpets professionally cleaned at the end of the lease and must provide a receipt to the Landlord. 15. LANDLORD 'S RESPONSIBILITIES: A. Landlord will: 1. Keep the Property and common areas in reasonable condition and as required by law. 2. Be responsible for any and all repairs to the exterior of the Property and also agrees to be responsible for all repairs to the interior of the Property including the heating, plumbing, and electrical facilities which are part of the Property. 3. -Keep Property reasonably flee of pests, rodents and insects. 4. Supply utilities and services as listed in paragraph 13.A of this lease, unless the service is interrupted by circumstances beyond the Landlord's control. 5. Pay all taxes, assessments, insurance, mortgages, and utilities that are the Landlord's responsibility. B. LANDLORD WII..L NOT: l . Pay the cost of any repairs necessary because of the Tenant, Tint`s famiy- or guests' arillfiil, careless, or unreasonable ~el~o~ Landiortl ancl<°or his maintenance contractors or e~~,.s~s ~~ =e complete discretion as to whether neglect andror abuse caused the need for the maintenance performed. 16. TENANT'S RESPONSIBILITIES: A. Tenant will: 1. Tell Landlord immediately of any repairs needed. Z. Pay to repair any damage to the Property or to any item in or on the Property that Tenant, Tenant's family or guests cause. 3. Keep the property clean and safe. 4. Get rid of all trash, garbage and any other waste materials as required by Landlord and the law. 5. Use care when using any of the electrical, plumbing, or other mechanical facilities, or appliances on the- property. 6. Pay the cost of all utilities and services including any late charges and penalties as listed in paragraph l3B of this lease, when due and on demand. 7. Maintain and test regularly all smoke detectors oa the property. 8. Notify Landlord or Agent of any broken smoke detihctors. 9. Pay for any damage to Property if Tenant fails to maintain smoke detector(s). 4 10. Report all water leaks to the office immediately. 1 I . Return the Property to its former condition or better, at the termination of the Lease, with the exception of ordinary wear and tear or for causes beyond ~e Tenant's co~rol. B. TENANT WILL NOT flammable materials on the Property except in a closed, certified container. 2. Destroy or deface any part of the Property. 3. Dishnb the peace and quiet of other tenants. 4. Make any changes to the property, such as painting or remodeling, without the vvntten permission of Landlord. 5. CHANGE ANY -LOCKS OR KEYS without Landlord's written approval. 17. RIGHT TO ENTER: A. Tenant must let Lancllord or any person authorized by Landlord, to enter the Property at reasonable hours to inspect, to repair or replace appliances as needed, or to show the Property to possible buyers and possible tenants. B. Landlord or Authorized Person will give Tenant reasonable advance notice of date and time for the visit if possible. C. IN CASES OF EMERGENCY, Landlord or Landlord's representatives may enter Property without notice. 18. Lr€S~I)RAWCE Landiard rill insure the property against fire and other casualty, including liability coverage for injury or damage. B. Landlord is NOT responsible for personal injury or for loss or damage to Tenant's property on or about the Property. C. Tenants are advised to obtain a "Tenant's Homeowners Policy" to f nsure personal injury to Tenant, other occupants, guests, or visitors, that occurs within the Unit or elsewhere on the Property. 19. RULES AND REGULATIONS: A. All Rules, Regulations, and Restrictions established by the Landlord(s) are contained in or attached to this lease. B. Tenant(s) and Tenant's family agree to obey the laws of the governing bodies with authority in the region that the Property is located and that apply to the Tenant's occupancy and use. C. Landlord cannot change the Rules unless the change benefits or improves the health, safety, or welfare of Tenants and others, or if change in Rules is required by law. 24. INDEMNIFICATION DEPOSIT: 5 A. The indemnification deposit is provided by the Tenant as a guarantee for the performance of the terms of this lease. B. When Tenant moves from the Property, Tenant must return all keys and give Landlord written notice of Tenant's mailing address where Landlord is to return indemnification deposit or any balance due the Tenant. C. Tenant may not use indemnification deposit as last month's rent. D. Landlord may list any other amounts due from Tenant to Landlord for the Tenant's performance of this Lease and against any damages caused by Tenant or Tenant's family or other occupants to the Unit or the Owner's Property and deduct these charges. E. Landlord will return indemnification deposit to the Tenant within 30 days after the Tenant's move out of the Property. 21. POSSESSION: A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease. B. If Tenant caimot move in because previous tenant is still there or because of property damage, Tenant may: 1. Change the starting date of the Lease to the day when the Property will be available. Tenant will not owe further rents until the Property is available; OR 2. Tenant shall have the right to end the Lease. Upon such cancellation;neither party shall have any further rights against the ot]~r, save Landlord shall repay any deposit made by Tenant. If Teat shall occupy the Unit prior to the beginning of the term as herein provided, such occupancy shall be subject to the terms of this Lease and Tenant sha11 pay prior to occupying the Unit rent for the same period from the date of such occupancy to the beginning of said term. 22. RENT INCItEA.SES: A. If the Tenant continues to occupy the Property beyond the initial term (Renewal Term), Tenant agrees to pay any increase of all lienable municipal charges such as water, sewer, and/or trash charges that are included in the rent and apply to Tenan's use. B. If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the increase. C. Landlord may raise the rent when the lease ends with proper written notice. 23. FIRE AND OTSER D AGE: A. If the Property is accidentally damaged (fire, flood, etc.): 6 1. Tenant may continue to live in the livable part of the Property and pay a reduced rent as agreed to by Tenant and Landlord until.the damages are repaired OR 2. If the property is not livable as certified by an insurance company or government agency, Tenant must notify Landlord immediately and must move out within 24 hours. B. If Lease is ended due to the above circumstances, Landlord will return any unused indemnification deposit or advanced rent to Tenant. C. If Tenant, Tenant's family or guests cause damage by fire or other means, this Lease will remain in effect and Tenant will continue to pay rent, even if Tenant cannot live in Property. 24. NOTICE TO END LEASE: A. After Tenant or Landlord has given written notice to end this lease, Landlord must be allowed to show Property to possible tenants or buyers. Tenant must allow showings of Property to possible tenants or buyers during reasonable hours and with advance notice of any showings. B. Landlord may put up For Sale or For Rent signs on or near the Property. C. Tenant agrees to move out peacefiilly when Lease is ended. D. A full months rent is due in any month where there is partial occupancy. 25. IF TENANT- 8 ~ S LEASE: A. `Tenant breaks'this lease ft l . Tend does not pay rent or other charges. ~. T~ Iea~-es Propern- permanently before the end of this Lease. 3. Tenant does not move out when supposed to. 4. Tenant fails to obey any of the terms agreed to in this Lease. B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord must give Tenant TEN DAYS written notice descnbing the amount Tenant owes for rent and/or other charges, prior to filing a lawsuit. This means that if Tenant has not paid all balances due before the eleventh day after Landlord has given Tenant the written notice, Landlord can file a lawsuit for a money judgment against Tenant, evict the Tenant, and/or take back possession of the property. C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice describing the violation and give Tenant TEN DAYS to correct the pmblem. If Tenant does not correct the problem before the eleventh day after the Landlord has given Tena~ the written notice, Landlord can file a lawsuit to, evict the Tenant and/or take hick possession of the Property. _ D. If Tenant Breaks Lease for any Reason Landlord may: 1. File for a lawsuit for money and/or file to take possession of the Property against the Tenant. 7 2. Include in the lawsuit against Tenant all the Legal fees, filing fees, and the reasonable costs of the Landlord and/or Landlord's Agent, including a re-renting fee. 3. Include in the lawsuit against Tenant all rents and charges unpaid, and for rents and charges for the rest of the Lease Term, and for the cost of any physical damages to the Property. 4. Keep Tenant's Indemnification Deposit, other deposits, any interest due, and any advance rents prepaid, if unpaid rents, charges, fees, and/or damages are equal to or exceed their total. 26. IF GOVF.RNMF.NT TADS PROPERTY: A. A government or other public authority can take private properly for public use. The taking is called condemnation. B. If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the Property is taken or is no longer useable, this Lease will end and Tenant will move out. Landlord will return to Tenant any unused indemnification deposit or advance rent. C. No money paid to Landlord for the condemnation of the Property will belong to Tennant. 27. TEN~I,NT,~I~S_FE~VER RIGHTS THAtY M~RTGAGEi.I~:NDER: A. Landlord may have a mortgage on the Pmperiy. If so, Landlord agrees to make the mortgage payments. The rights of the mortgage lender come before the rights of the T~ant {Example: If Landlord fails to make m~e sgne, *he mortgage lende* could take the Property and end this Lease.) TENANT LTIv'DERSTANDS THAT IF THERE IS FORECLOSURE, A NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 28. CAPTIONS: A. The headings in this Lease are meant only to make it easier to find the PP~• 29. ENTIRE AGREEMENTS: A. This lease is the entire agreement between Landlord and Tenant. No spoken or written agreements made before ace a part of this Lease unless they are included in this Lease. 30. A. THIS LEASE IS A LEGAL CONTRACT. IF TENANT HAS LEGAL QUESTIONS, TENANT IS ADVISED TO TALK TO A LAWYER BEFORE SIGNING THIS LEASE. IN SIGNING THIS LEASE, TENANT CONI''IRMS THAT THEY HAVE THOROUGH UNDERSTANDING OF THIS LEASE. ~ t 8 OWNER OR AGENT FOR OWNER SIGNATURE: DATE: TENANT'S SIGNATURE: DATE: TENANT'S SIGNATURE: DATE: TENANT'S l SIGNATURE:. ~.~~ !~ DATE: '7 r David -D. weir Prothonotary Office of the Prothonotary Cumfer[and County, 1n- ennsylvania 7�yrkS. Sohonage, ESQ Solicitor —S)"'/, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHO NOTARY One Courthouse Square 0 Suite100 ® CarCi te, 1r',4 0 (Phone 717 240-6195 0 ¶Far 717 240-6573