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10-6333
m Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r,',dln`? PKaAK >15 Rd Ai / 0- ill A. B, a 1ved b?,( Printed Iflame) C. Date of Defivery (1,0(w'. t? L rh01" /(,)10-10 D. Is delivery address different from item 1? O Yes if YES, enter delivery address below: 0 No 3. ice Type 5lffed Mail ? Express Mall 0 Registered ?etum Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) s 7008 1140 0001 6164 9990 PS For, 3811, February 2004 Domestic Retum Receipt 102695-o2-M-1540 C ?r*1 =? U'3 171 n^jl r.a ?a c? CD W C --i C -rt 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 C L4L" e.Ar , Q,d ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served 51 a copy of the Notice of Appeal, Common Pleas Cu -- 4 gs 3 , upon the District Justice designated therein on (date of service) be r 5 20 j u ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ?Csk., Lew- 5 2010 ? by personal service ,fit by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUB CRIBED BEFORE ME THIS .i3A DAY OF GEC s4yJ,i 20Ld . -sue'- moral/-? Signature of official before whom a M. CARVER ARIND ARY POBl1C G BOCOU!q .llsf 51311tH ,RE& L. &101 Tide of official My commission expires on zj-,t,- Q- L Signature of afant ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. 0.1 0 Agent ? Addressw , B. Received by (Printed Name) C. Date of Delivey r o-!r -,/?l D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. j!Ace Type ;fled Mail ? Express Mail 0 Registered 9?hetum Receipt for Mercharrdlw 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Mode u ^`-- (r?arsl 7008 1140 0001 6164 9945 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT rl COMMON PLEAS No. 10 " L 3 3 ' S ? : - l V i i l ar 10i 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. ADDRESS OF APPELLANT CITY STATE ZIP CODE ?1uZ v1v1f'r610Vti Lf' in {at (f ?u tear 1 10 P6 1'7s 1? DATE OF JUDGMENT IN THE CASE OF (FIfthIiR) (Dr/tndoW '-11 Z. 7-0 w 1u. Na (A,?anQ WIMFT M, SN,IYTURE OF APPELLANI OR ATTORNEY OR AGENT L-T- -- () ca 0L,_' x"15_ r U This block will be signed ONLY when this notations required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. appeNant was Claimant before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Bing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECiPE: To Prothonotary Enter rule upon FCA y- P,<SLt X11 k N iI "e i A ?S appellee(s), to file a complaint in this appeal Name or eppsOWs) (Common Pleas No. ? ? . (p,3' --5 form ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To V c Mul??? E U( V 'Lw riled1A5 , appsHWS) Name of aPPReals) (1) You are notified that a rule is hereby entered upon you to fife a oOnV ant in this appeal within twenty (20) days after the date of service of this rule upon you by personal swviw or by o~ or rsg ' Itif A (2), 4f O not file a t plaint **-*v this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAWIST YOU. f hl d&: ry of this nde if service was by mall is the date of the mailing. 00 ka ,l F tlMf1`i^! THO NOTICE OF APPEAL. ACOPY THE 140TICE OF to 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 YJSTICE rye •-i,, ??, 1 _ -n , RICHARD S. FRIEDMAN, P.C. w Richard S. Friedman, Esquire ID #07176 300 N. 2nd Street, Suite 402 P;Attorney for Plaintiff Harrisburg, PA 17101 Tel.: (717) 234-3441/Fax: (717) 232-9946 FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6333 Civil Term : CIVIL ACTION - LAW NOTICE TO DEFENDANT NAMED HEREIN: 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 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Le han demandado a usted enla torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en 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 entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 RICHARD S. FRIEDMAN, P.C. /f Richard S. Friedman, Esquire 300 N. 2nd St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 Dated: &,e w ? Q, Flo FAIRMOUNT PARK APARTMENTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-6333 Civil Term ELAINE MARIANO, : CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, Fairmount Park Apartments, by and through its attorneys, Richard S. Friedman, P.C., and brings this Complaint averring as follows: 1. The Plaintiff, Fairmount Park Apartments, is an apartment development managed by Bunker Associates, which is a fictitious name registered by LCL Income Properties, L.P.11, with its registered place of business at 199 Baldwin Rd. Suite 140, Parsippany, NJ 07054-2043. 2. Bunker Associates owns premises situate 1100 Yverdon Drive, Camp Hill, Pennsylvania, known as Fairmount Park Apartments, which is an apartment development with apartments for lease to the public. 3. The Defendant, Elaine Mariano, is a tenant of Fairmount Park Apartments, with her apartment at 1102 Yverdon Drive, Apt. A6, Camp Hill, Pennsylvania 17011. 4. On or about October 1, 1998, Bunker Associates and Defendant entered into a Residential Lease Agreement, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 5. The initial term of the lease was one (1) year, terminating on September 30, 1999. 6. Under paragraph 15 of said lease, at the termination of the original term, the lease will continue on a month-to-month basis, and the parties have continued on a month-to-month basis since that time. 7. In accordance with paragraph 14 of the lease, Defendant is responsible for keeping the apartment clean and neat at all times. 8. In accordance with paragraph 17 of the lease, Plaintiff has the right to enter the leased premises at all reasonable times to inspect, perform maintenance and do repairs. 9. Several months ago, it became apparent to Plaintiff, through complaints of other tenants and as a result of routine inspection, that the apartment occupied by Defendant created a serious fire and health hazzard, including but not limited to infestation by hundreds of bed bugs and other vermin, and otherwise unsafe and unsanitary conditions. 10. In accordance with paragraph 20 of the lease, no notice of termination is necessary, as a result of tenant violating the terms and conditions of the lease. 11. In spite of the lease providing for no notice of termination, landlord did notify Defendant on several occasions, personally and through Cumberland County Department of Aging, that she was responsible to clean out and properly exterminate the apartment. Defendant refused on several occasions to cooperate. 12. Plaintiff attempted to secure the assistance of Defendant's relatives who refused to get involved. 13. Defendant availed herself of services provided by the Elder Care Clinic at Dickinson School of Law, and Plaintiff was advised on several occasions that the Elder Care Clinic would assist in having Defendant temporarily removed so that her infested furniture could be disposed of and the property could be properly exterminated to remove the bed bug problem, and other problems created by other vermin. 14. Plaintiff has received numerous complaints from other tenants of the apartment building who have threatened to move out if Defendant was not removed or the condition satisfied. 15. In spite of numerous demands and agreements between the parties for tenant to be removed temporarily until her infested furniture could be disposed of and her apartment properly exterminated, Defendant refuses to leave the apartment and refuses to cooperate with extermination. 16. The condition created by Defendant and perpetuated by Defendant's refusal to take any action to correct the deficiencies and infestation or cooperate with Plaintiff in doing same, has resulted in a serious health hazard to Defendant herself and to other tenants. 17. Plaintiff was, therefore, forced to file a Landlord/Tenant Complaint in front of the Honorable Barbara A. Clarke, District Justice, for recovery of real property. A copy of the Landlord/Tenant Complaint is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 18. On September 28, 2010, a Notice of Judgment for possession was granted in favor of Plaintiff, a copy of which is attached hereto, marked as Exhibit "C", and incorporated herein by reference. 19. In spite of additional attempts by Plaintiff to remove Defendant, she refuses to move or cooperate. 20. Defendant, thereafter, filed an Appeal from the Judgment issued by the District Justice, an illegible copy of the Appeal is attached hereto, marked as Exhibit "D", and incorporated herein by reference. WHEREFORE, Plaintiff demands judgment against Defendant for possession of premises situate Apartment A6, 1102 Yverdon Drive, Camp Hill, Pennsylvania 17011. Respectfully submitted, Date Qt j,>to RICHARD S. FRIEDMAN, P.C. Ric d S. Friedman, Esquire ID No. 07176 300 N. 2' St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 VERIFICATION I, Sherri Hockley, hereby acknowledge that I am the Regional Manager and authorized agent of Fairmount Park Apartments in the foregoing action; that I have read the foregoing Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. therri Hockley, Regional Manager authorized agent of Fairmount Park 2nartments Dated: t C>, 11 11? RESIDENnAL LEASE this Reddodkd Lease doled Ihb t :t day of aotobal; . 19 pg_ between LO. Mamagerheenl as agents for Haul n AsSt1CT&TRA as La"4*d atilt _ _. Rlo?i 1'fa' r n"? _ ?lhtty and severally as Tenant. 11 Is agreed that no one will five M this dwelling other than those named below unless Inior writ- ten approval b given by Landlorr: HAM WM)ONSHlc AL> ..-.Xlalgfe vartano 10a-14-8924 1. I...A3f;II PREMISES. Landlord Iowa to lethal ui?ene lire terms pal condilk"fa rol"U'd b1 li?is Remncienkd lxase, ._a, gne ,r#• pate- area... Loeated __ ?IQ l lQ?-a6 Yv?don Driv-r Came A311 (leased Prembes). 2. TERM Oi LEASE The term of ihb IlAddeniki Leone b 11 C0x!RyC=Tjjz_36Q4qpVzS_ beginning on flu 1 Q+ of Oe4-11- 199g__ at _ j , o'clock --p -M. Mel ending on fire _30 ? of _septembaa: 3. RENTAL PAYMENT Tenant Wxdl (ray to Landlord the sum t _•b,, -too - .__ ,- ._,_ as Null: rental for On kale term. 1 In rental dwlt In payable moeihiy In advance on the first dayV roch month during fie lease term In the amauu td S _52-1,M _ without Irilor cleanmd by Landlord. Payment of rental shall in to [lie In I' s address of fine landlord, OF upon written node to Tenant, at another location. NO GASH WILL BE ACCEPtEI>. MAKE CIUKKS OR moNEY ORDERS PAYABLE tO: BUNKER a890GIATIN - If the term of thb lease shall begin on a dale other than the Om of the month, 7euant shall pay the monthly rental an the beginning date. the rental paid shag be applled to tae first partial mxudk atxd floe lost partial month. the second monthly payment shall be paid on fin first day of the month ftMowhq the beghmhlg of the lease term and daall lie appiled to that month's rental. Iandlord and tenant agree that thinly ixaymeat of the rental and (rerlonnunce of ON terms 111641 ronfitlons of lads lease are of the essence of 111k ler+se. if the marbly rental &INN Old In We lietm Ir/rkl letter file fifthh (5th) of the nnfnlh when flu remlll shoal have been 1kle, II*n Ytuani agrees :o Ivry On. kite dtarge of 10% whldl will be added in any full nr parted monthly raid prlynhe t 1a1 received in the office by lie fifth (5111) of every mouth. Any clack not cleared by Tenonl's bank wilt be condo. erect late rent and Kd*d to lies 10% late change. The late charge ellall compensate Landlord for uddiiknhal odminblrative gals and expenses cowed by the late payment. It payment b made to landlord at the proper ocItIn as by first dcas mall, paskV prepald, film tin Ioka IV In ANN wo 1lae?_ c1aJ I me in tin event any rant deck is returned a Iarad and Ily reason 1 xahxt/klent i ' ?tnco( eC1ed funds, , slap payment, ac mud closed or any other recxxxl; 7emanl illness to pay Landlord a dwa relxocesshhg fee of $30.00. In the event deck is relunY41:4 Mond file for any of the above reaums a 53.9.00 fee shall the onencid and due hom the TenuA." IAWHOrd rewrves the right, in reclatre certified deeck, money oi%AM ahsder's dw& for the future roll lot On event any personal cheek b returned for tide reasoms set firth herein. lA ndlard reserves tip- right to prof-ved with crhnihcrd dhorges In the event tenant iss11es a 'Nil 0wdc'. AN diorga hxnelinder si„111 Im deemed additional rem, if file Teuent vlotales any of Ilia lams and caufillom of lids leee, the lAtsillord bas lam rkjhl io enforce collection of Ilse entire unlrald balance of Ilia rant for the remaining term of the lease. 4. SECURITY OEMff. After skgndng thb ltesIdendal Lease, and before the Terarnt lolms posh.-a- ?? slon of [lie ixeuad Is endus. Tenant slwN Pay to Landlord a aim ellual tit. _• ne ^ tvharh amount &INN be held by Landlord a• as a security deposit. Wore Landlord reform the security deposit to the Tatent: 1) Tenant stutN vtrcule Iite Lowed Premises and Landlord shall inspect tin I.- -, Premises for damage; 2) levant slxtll have cdxnpNed with all Wane terats, conditions and rules and regulations; mad 3) lenard sluall Iuoae poW in fall file rental, additional rental and late dnrrpa w any. Landlord may retail tall or nary inns of lite Security Deposal to rt indmfrse Landlord for any and all lass, dnarage and expense date ht temul's Violation of the lerme and antdliflow, a auks art rxptlallorln of Oils Ikeldenlbl i.ettse or due to n n ianymeud bf rent, addlikmnl cent or late champ„ it any. It fhb ow as lorktr to taus lease let. ntnalton, the Landlord way demand that the kraal replace the amount of Nam security (ieiussil ascot try life landlord. If life Lwrdlo d sells The properly, life Landktrd may Iranster the delutsh to Ilse New maters for the Ttatant`s IreneL Ths landlard Will notify life Terient of any sale attl traa(or of the d elsasit. 'the Losidlord will then be relearned atoll !lability to return the necttray tlelxtatt. It"out actrotawledges that the Security Delawk b not to be used as iwyment of lite fast month's rent. 5. INATWJTY OF LANULOIID TO GIVE POSSESSION. If La idlord b unable to transfer pdnses- *an to Uncut at the beginning of Ifds Redd ervikd Lease, then the lease tern dusk begin, lsut lenanl•s olagoilan to pay rent ding be suspended anal l otidlond W able to lransier possession to Tea st. Landlord "N not be liable to Te sont for damages K Landlord Is unable to transfer Ixasesslon of ilte Loosett Promises for cases reasmkt* beyond fardlonra control. if flue prior tenant Iuads over or remains In Noe Leased Premises after stud terra ends, the landlord's obligation to transfer ostesslom of the Leased non bs:a to Tendril Is nuslrea dett. 6. PRIOR 10 MOVE-W Prlor to moue-tn,'tenaot must complete the I" iowhrg: 1. Complete and sign the dup1011durlbn whidt becomes )tarl of rids Agreemcnl. 2. flea(, understand, and sign fhb Agreetomd and any altpBCUlak adtletuhntts. 3. "all moneys for rent, sealrily, pro-rata and adtlendant charges as bullcaletl. 4. Inspect with the Landlord The specific dwegkg you arc retailing, lixtieathul existing condMfas, and skp tg and date the dtgtlkale fora. Tenant agrees to allow Landlords at wart fourteen days from commencement (hole of this Leone for any relmits or decorating agreed( to by Lanrdlord and 7emad. 7. OUrMICTiON OF LEASED PREMISES. Tenant shall Wily iatdlard as aunt as pits}l k of any fire or other loss in or about Noe Leased! Premixs, Tenant shall notify Ltatt W immedktely, of any circumstance or cot Hors In or alma lite Leased Preadsrx which Ihrealens.lite tensed Premises. or late property or safely of Tenant, Landlord or others. i If Ilrc f eosed premises Is 1mrtiolly destroyed by lite or other ctwrdly, lnant slung luwe late 09M and option 1) In continue to occupy the hahUahie portion of late premises, oov.2) M ler- mUrile thN pAsidenilei Leland tdrsuktely and receive It refan(t of Mot 110141 Ihtusogln Oho (hare of 114uiSitt of Ixrssc'sslnefa Landlord. A. INSURANCE. Landlord AIM intaum the structure wtlhin width Cite I.etaeed I'Motims It luc(lletf Jnr liar. 41111 exterketl cavcrage. Ratans drag 6tsuse lcnani's pets nal pn+lkhly ht or nimtt lift r.e.tosed i'rerslises. llie Landlord's stotacture hattrattee (ales not cower nary dnnange to a ienant or Ilwo N 1 prop sty of a resident for arty reason,1whsding nre, wafer leaks. equipmetsl ktlhtres, vatutulbm, thatL smake, electrical ntultundloat, or any cause. 9. SUBLETTING AND A3SiGNMCNTS. Tenant atoll not assIgn lblot Rogdorn ktl Law ar enter Into nary stlllease agreement withoat ilia 1lrim wrilkm consent of Landlord. Any altengsted assiipt- mert or stal)[ewye by leaanl wfllkrtf Iftc lxiox written consent of Landlords is a Viohaliun or atis ltt:,sf lmllul Imse. If Lan dlrard shill consent to art ossf(ptntetrl or sulafeaso, arty csmsent dkotl skrl iw taxisklered to be a consent to afty tatter ttsstrpttnett at suhleme. Ill. RELIEF OF LANDLORD FROM LiABUJ red I ondlmd Is not liable far loss, Inpdry, or thnnop to oaty Imman or pn0perty unless flat: kits, injury or damage is caused loy lite lAn dlord's itllerIHolll Od or rtntglecl. Tenant shog repay to Landlord cry moatey spent by Lartdlont dh0e to Tenant's lnietllMual an or neglect. Tenant Is reslmrsNrle for all Intentional acts or neglect of Tenort's family, and others w1w use lite Leased Premises. Landlord dtail toot be hubie for may In jary or damage co actl by ,w41ir1 y rein, sttnw ar fee Hutt leaks or flows from w1xA sou into or art"uxl flue Ixwsctl 1'rcmiscs or flsr 1"111,111111 oust" witk:ts Ilse I.eused Prearises b Ic(1. Ilia Landlord is trot responsible for any Incanverrktrea or Interrsrysilon of seivkvss tine M raisalrs. Improvements or for any reason beyond Ilse IAoondlooft control. Desldle blcwwclnMttce sir Inknrupllon of servkxs, a tenant must still fay rent. It. USE AND OCCUPANCY OF LEASED PREMISES. lire leased Premises may be used for test- catntkd purposes only wNhoat the prior written consent of landlord. Tessaot alnall occtgvy and rise the premises In amforsnanae with all Federal.'Slole and Local Im", Rgpmtatlota raid Ordinances now lot fon:e or that may be enacted In the future. Tenant dwlf not store mW fiwaarable, homnhats, or lade ntiatoo or enyytge In any ocivily In or about the teased Prelltlaes whicia sulakntces or t ilvitiet expose bemuse, Landlord, or others to a risk of Inpory, has or damage. 12. RULES AND REG11FLAXIONS. In ockildon to the terms and conrlplmn In this Roosidetrtiat U.-cue, Twomit shall be bound by Landtad's Mustard Risks opal Itt9datloovs which arc allsrchei to this Imse. Lonadkstd shall have Use right during the term of this Lase to change or odd to film Rules and ItegalaUont provided that the purpose of any change or adobtkm shall be to Ineaerve live I.eased Premises and she tpalet vulaymetd of all the lenotds. No change or addition to On Rules and R¢gnslotksns s11ag becanas Isffeetlve uMR Temnst hue been provided with a wrluen eolly of On ranged or "led Ruin and I egniadons by moll, posting or delhwy to [lie Leased Fie. . Testasit agrees Ilia[ a violation of the Rides and Regulations shall be a visitation of this Residtshtkal Lease. Vkslallon tsf the Rules and Regulations by Tenant shall permit Landlord to exercise any and all remedies litovid- ed for In this Resldedtal Lease. 13. SUBORDINATION. This R aklen fiol leme Is srrbordivale to astir and all morigtnpes oval secnri- ty Intcre,ds llal an presently an the Ixoperty or that lit tine inture may be ail lite property of which Ilse teased Premises Is it part. Ii. CARE AND MAINTENANCE OF LEASED PREMISES, Twist shad use good care whon asin g Ilse Imwed Prcrtsbn and all appil som tarntRme (if anft able). Rxtgres, and all heating, venllhatlsg and ale aosuRllathg systems within the Leased Premises. 7enatit also shall exercise good can when using try part of Ilse bulditq within which the leased Pternbes Is locaod. Tenont siraN pay for all mpoirs to the I:eased Prembes, Its cti lemris„ or any property of i almdlord eatmed by Use lack of good erne ley latent, 7caant's family members and lknond's guests. Upon ending or this PrAlenikal Leaase for arty, came, Tenant shall peaceably surrender p-ssession of the l emoed Prembes and 11s;hxdelds to Landlord in as good order and repair as at the beglauhry of the lease term. tt3ocepl fur rc4surdtle w ustl tear. lomant shall notify landlord of any repairs or the need for repairs within the Leaned Prenals". Cam of properly. Temaaut is responsible for keepNng Ilse aiwrtmnmetll, enrirywtry, pnUo, Jni1 gooston is clears cold neat of all Mmes, Wcudire the remaarnl of snow and ker taut in com pikmce h the properly palest whkh are hereby Inside a part of lhb lease. failaue to live tat hurnmwhy wills sr iwigMan In accordance wills the atllched rules and regulations of Ito! Properly Is Mtslilktble catese for eviction. 'lire Tenant ismst got Ilse Lantuard's prior wrttktn consent in otter, Ingprove, pahrt or Iwdllvalver Ilse Apartment. Alteration, atkfitfos and hnlxavememris bcctrso Ilse I.un dloni's properly. In the orient 'hot lid Tenant Ismkdb MdOct papa, or any other wall at ceiling decrnty. Itmv, as well as carpxi padding or carpet locking, In apartaleld, Tenant agrees in remove stn:h Nees ni lenant's own cost and expense of line expphatkm of this Icme khan or tally reaWow a Iher otter. In 111r. ee!e114 lAndliml is reltilted to remo%T tine Merle, Ilse coq of same sludi be cfeehu''e,l frrmh T'enant's s,asalrNy deposit. , •. 13. RENEWAL lire landlord may offer the Tersout a now lease Its lake effect at lip: end of tills f Lease. The new lease may Incltule reusonnirie ch owjts. Tile Tend will be notified of tiny proposed stew lease of least thirty days before the end of live present tem. If no c hinges are smile, the Tenant soy conlbnse to rest five Alartment are a m?Irih to mouth basis (wills tie real of 1139 Lease remahdrty Ilse sarse). In either case lite Tenant teal notify the Landlord of the Tenet's decision to stay or in Icave al lead Ihitty &qs before time cold of Ilse terra, otherwise the Tarrant will tie responsible wxler the terms of lire new lease. 16. MOVE-OUT. Tenant agrees sat to vamle the dwelling or'movc wlllioat permissisin of (lie lonAllord. Tenant also agrees that any lossesdonu remobving in the dwelling after to nave-ot11 arc nluaultmed by Tenant, and Towns agrees to pay the cast of removal and disposal of these posses- %iU115. 7e saat agrees to vacate the dMiling at the end of the term, leaving prolm4y deem to Witty insped the dwelflng with person from ;"40a real staff, and hi goof order. Tenant normal; itxlkuthg then ex(sling oorrdlticals, sign and data duplimle (attn. If Ttencmt b absernl from the premtacs, wilhccut ratike, In own, s of seven (7) drys while read Is ddbMpent, III* pmv*n will be considered Wmnd md and ft owner drull I!t ealitlecl to lnrnvocim a possession of tine dweNhrg Halt. The Toaarrt will no1Ny The owner In writing of any aniki- luoted absence In excess of seven (7) days, no later than the first clay of the almirmt. V 17 RIGHT OF ENTRY. Landlord and periot>s authartael by tancllord shall have ilia right to enter the Leased Prearbes at ON reasonable liras to hsipecl, pvfem uminten comM4 do rcpcdrs and show the prey to prospective Ienaros and purchasers. N is CARPET CLAUSE. It Is the resimm"Ity of lire Tenant to carpel SM of an walking areas In 'torxrtrt's oporlmetd. J 19 UTmfft 3. Charges far utiluju and services sr lAW Io o e IAoaed Prarnisa shag be pakt as follows: the Landlord will pay nor the fonowiryl utinum (X) cold water ( ) trot water ( ) etectriclty ?. ( )treat ( ) airaorxlltioning ( ) gns °^ Tire Tenrard WM pay liar the (olhawlrg utllllks: '?• x ( 1 COW water (10 hot wafer a wficily (X) hest (7q alr eorkNUonhng ( ) gin Landlord AM have lire right to IempotarVY suspend any ulNlly or other servkes to the Isand Prembes M order to do naMlanaaee and repair or prated the propuerty of Landlord or •fenoM from risk of haunt or lap. 20. REMEDIES. If Tenant fags la pay rent Or arty outer draripm when due, or if Tenant violates aiy Other tams, oohrdltlam, tales or mipillallorn M Ilrls llariderdlal Loose, Landlord ratty joie colon dgrbat Tanmt. In such a case, Landlord does rat lave to give any notice of knul ndlal or rake fa galt to Tenant before taking action. In such a Cm LmWlald may tale any or all of the fi)Iictwl" crctiurm: . a) Terndnate this Pasickntial Lem without polar notice. b) Sue Tarrant In court to recover lrcros-1 Inn OF the Leased Prenhbes WHIM tit gdvlnaJ Tenant prior Notice to Qrdl lire Imos ed thembes. c) Sic Tenant to recom It* whole balonm of she Fell cord dmrges mad fir the rerraMing lease term. d) Sue Tenant far all damages, brCkkft cancellable allorney's Ices, resrtithtg from Tenaul's vlokNioa of airy terms, admNHuam, rules or reynloTlwm hr tlds Resklecdtal loose. Landlord may seek one or more than ate namely cm*dn d to this Residential Lame. Imrdlord's taking of any canon against Tenant 31a0 not preverd Landlord from taking other and ,kkllllonal cook" against Tarrant. is ;F lanaat agrees to pay a fee in an ormount equal to one north's rent to cower amts of refuditshkV and renting the apartment It lire Tennant moves out before the end of lie inf dial lievirxl of this ltarual Agrees nml. l.ondlord's failure to enfotte any tarn, condition, ark or regnlotion droll snot lormiol I.andlonl from enforcing the teen, oondltMn, rule and regululton at a later lone. 21. NOTICE Of TE1tMINATI0N- Tenant narst give Landlord thirty (30) days wrllten mgicc to vmtole sold plrmisees with nonce betrrg glveo oti or before the last day of the preceding nncolh. 22. ATTORNErS FEES AND COSTS. If landlord droll enform the provblam of Illls Resklentlul tease In any aottrt against lire Tenant, Landlord shall be entitled as pact of any eattt Mrd"nett to be remilnFrsed for all costs and expenses of enforcccicecrl Mchrding reasonable attorney's fees. V 23. GOVERNMENTAL POWER OF EMINENT DOMAIN, Endmod demWn Is ft rigltl of a 9ovettt. ntettl to ktke private property kw pablk tee. Folr con"usalion muo be pakL If an ar any pall of lire leaser! Prendsee (or the building within which llm Leased 1'masbes Is logalal) Is tetken by e+whtctN tktttxtin, the km shall terrnloode as to Iimt part lalm m. Lawdkxd skon not lit noble Ia TeNttltst her any cluir m by Tenaut for loss of use of all or any Ixwlkm of floe Leased Prenttbes (or die lmtlkling Willi, Its whit.?lt the Leased Premises b Lowled) or becwwe this Reside 091 Lease has been le rnihmsted. 24. NOI ICFES. AN natka provided by Ihb Lease must In wrklen and ekNvered lie. so mny or dry ceiliRetid inolL return receipt mposled. Notices to the landlord !nay be sent to The Landlord's Agent. 23. DINEW40 EFFECT. This Residential tam kgally bhxis the Tana. Landlord will their heirs, tntecttiat, peerstmal represmisttdlves, xlactasots mid asskpis. '""eat shall not Ism Ilie r4m.10 Gulp Iltb Rwltkntbt Ireose or sublet Ilse t oned Prendsa withatt the prktr writkon raresent of Lattdbni. 26. ADWTLONAL IIERUS. CONI)ITIO143, R10tR4 AND AMENbMENfS. lids Leave htcklw oN Ih-a addlia sal kmM conditfae, rkkrs and amendrimits Indicated bekw. The (erne atld ter bulks Inckuled in Ike aiksched Riders and Amendments are part of this Noldential Lease. Yes --- No - Ched4n ttnd Oteek-out Praoedttres Yes NO . ? Was and Re Viations Yes No R Pet Rklef / ya. - Other K-9, PP&L foiati/ yes --. No - Other. I ENANT SIIODU) NOT S1GN'II11S RESIDW TIAL LEASE UNTIL THE TENANT HAS READ AMU UNIM MAN63 THE INTORMATION INCWDEU IN THE IMPOnTANT NOTICE A*rtACLIED 141 HIS RE.SIItEN I IAL LEASE This Resilkni ial Lease doW this let day of I)ctober .._., 1999 Landlord: -pa- J a? IMPORTANT NOTICE •11115 PAG1:16 U"INS IMPORTANT INFDRMAT10N ABOUT YOUR RICdITS AND DUTIES AS A TEN- ANT. SPECIFIC CLUESTIONS ABOUT TOUR LEGAL OIX2115 AND TIUTIES SIIOUTA)111E ItF.iFRRED 10 AN ATTORNEY. DO NOT SIGN TITS RESIDENTIAL LEASE UNLESS YOU IIAVE READ AND CL.EARIY UNDEnTAND TIE INFORMATION ON TIIIS PAGE. As 'tenant, you violate tint! lernu and condltiom of this 1leddential Leon U you: 1) Fail io neake llmely payment ofrent or other charges to the I.araatlord. (h, 2) %%=#A lie Leased Pmalses vdthaat tine Landlord's consent prior to We erul ai the leme term. Or, 3) Fail to vaaole the Leaped Prevnlgn at the end of the lease term. Or. 4) Fail to perform any of the ealobgallols included In the feria, notes and . regtdolkins„ ills dders or amendments, Or, S) Vidate airy Rules or Regttiallcm which are made a part of the Residential Lease. IJ ( ttirragrcgrl. So inckkim a wobw of 'Notke to Qadt'. When 'Natke to Cbdl', b vadved, K you vfol 3 a the Rakledlal Leone, the Landkrod has the Immediate right to f1N a corrgrlaW In Ca tart nkekhng an ceder evicting you from the Leased Prembes. I In Loadlord DOES NOT have The right to inning an anion in Cotnrt seekhq yaw evktion hikes your have violated your abilgatkrns is a lerean t, Oven though you are wnwb* mWlex to Cledr, you will dill ban an opportunity lei Court to crndcst tits vedidlty of 11re Landio nPs dolor for evidion. It yea vtolak The tenor caul condllleew of the Rasidecikl Loose, the Landlord Ian Ilse rkjht to seek the kollowing reenedirat ayuNust you In Catlrt: 1) A )udgannard far overdue menu(, kite dw%o and nranekrry clonwOWt MOW try yarr violation of tlw kwse knns and conditions. 2) An Order for Recovery of PosseWon (hralgh an evkllon action. 3) A )udgen+errl for unpold rent kir the lrakrnoe d the lease farm or until awiefter persona kdm possession of lire Leased Prendses as a new Tenant. IF I HERB 13 MORE TI IAN ONE TENANT SIGNING TI IIS RESlt*N11AL LEASE, 711E TENAN rS ARE liflL'I I IY AND SEYER? 11AflT.E FOR r11E PERFORMAlK'F ()T ?,1 ENAN 1 t>ULiGAI IC)NS. 11115 161EANS TIAr TIIE LANDIARI) IIAS 71ti: RICA I1 10 St1E ANY QNE 7WAN F OR ?F?)IC,1li4tJ. t%tJ14 OCR VIOLATIONS OF 111E LEASE INCLUDING SUING ANY, ONE 7 WAN I FOR I I ni rill,(. AMOUNT OF I HE RENT. ACKN(7WLEDGEME.Nr: 1, TILE UNDERSIGNED TENAWT(S), IIAVE READ ANV UI4DERSIA"t) 11111 ABOVE DISCIDSURE. v9 IENANI i Iva PROIRkITiON RIVER - I I.arrtk , BUNKER ASSOCIATES tenant(s): 131ainp xnr ano - ----. __...- I.euad Prewtsm 1102-A6 Wardon Driv. Camp Hill, PA Tunwit(s) stwd not makdaln or permit to be makdained upon the Leased Premises ur any amrtiuu of dw prapertr oLwhkh llte Leased Premises Is o pod any anknab or pets w1wisoever wlihatt the prior consent an writing of the lmwikrd. DaIr. -October 1, .1998 a,attdlotd• _ 0 1. RULES AND MULATIONi- -- I l.aad101d: IjEMIER x4,SQr.T3L3!3S tenant(s): Blaine Mdriano faavsedPremiss 1162_16 4vardnr Camp Hill, PA 1 he Rahn and Regutatio s Indicated, (X) below are liarf of the Residential Lease ledwevnt Lgmdkord awl lereart. A violation Of any Of the Ruks amd Regulotlaru Is a violation of the Leon and the party not in vkriolk"t shad be entitled to eioetcise arty remedks'pmerlded in the Lease. No alternate heating sources such as haosene heaters and spare henirrs'?611 hr pvr- mltted to be opetaled within the Lensed Prvmbw without the prior consent lit wrilbrg of Landlord, live use of charcoal or lhbmhahable gus grills is act permitted he to Leased 1'rvmis" at ma any balcony, potq or other commas area on the property upon which the leased Premises is located. J . - - leaant shall not peace or permit lobe paced or stared itenvs on any witkutw stile, ledgm or baksmies. Tenant shad not hang laundry or other hems from the bakonks, windows and commie, areas. No wirtdow treatments, awnings, dnlperlas or unthtellk shall be Installed in the. Leaped I'vemlees whhtout the prior consent in writing of Landlord. Tenant elrod observe `quiet houre,between the hours of /LAM o'clock cued ' clock daily- o X No waterbed shall be permitted within the Leased Premises. Tanamt shad not festal sheM% pktarre hooks, wallpaper, paint or oiler In any way the features of the Leased liter. without the prior consent In wdit of Landlord. ' Y _ Tenant shall be responsible for testing all fire warning devices such as amides driectnrs and the alarms within the Leased rremises. Tenant shalt notify tan ii any wa tog ar r abatemerd device Is not functional. Tenant shod not disable, art permit to be disabled, any fete want ng device or 0 4 arge any fire extingulslmr. X . . ,. Tarrant shall W gn opal the r0af of the building within which the i,eased Prriedw to located and shall not enter any area clearly dahgnateed as being dosed to tenants and others. _ No radio or lele Mon reception devices such as antennas and satellite dishes shall lie lnsloded open the Leased Preftelows or in the colntmvn area arwatd the Leased Premtim. ?X Tenant shall not permit the premiss to be unaxcupfed for longer than hve (5) consec- utive days without notlfying the Landlord (or t.andliord': designated agent). X-- Tenant shot) maintain the heat within the Leased Prembeess of a lempeo Lure na less than So degrees during the winter perkxi:trom November through April. X. No akolmdC rago shad he txlnmrned In the common areas of fire (xtklnvg and d ithi whkfi h L r d n g oun s w t e ease Premiers is located. Tenant shad vid l i t fl pro e appropr a e non ammab e containers for trash and rubbish and shalt keep the Immed Premise and the commnn areas free from litter amtl rtdvbish. Tenant shalt deposit all htsh and nabblsh from the Leased Premises Into the designated common waste disposal containers. V/ Tenant shotI become familiar with and observe ad posted security ngukalonvs owl all posted Ere escape or evaNation routes and all lire exits. QuWkns concerning security and fire pt rem should be directed to Landlord (or Landlad's designated repre- / sentallve) without delay. L. V X_ that any space which maybe provWed by (he f ondbrd to accommodate the Tenants ht the airing and drying of clothing Is furnhalied gratultoasiy by the imodlord: The Tenants using the some for any purpose dome at their resit with the express stpulatiott annd agree- ment that the Landlord shall not be liable for any loss of property ihere0n' or for any damage or injury whatever. r° 1 V/ X if stare-minus ore provided is? the Landlord to m mitimiale 'lenanta !it Ifrr stunuy- n1 articles, N b with the etgP. understarxilag that thr. "mm b turnltitrd gratullmedy by j the Landlord and Owl lettanla Usl"g the ®attle do so at their awn tbk. Additional itults and tlVegulatlttn ___7L?' No tra j,?g;l': t?a?s ?itr a rmnwrr l'a ? veh ? a a? ?,A__ ... 4 aa><l[ed an the oro_? aArty. 7t?1 yp Ica Murat he it verx rag I couditioZk xith current ..?agg anA insnectton _&Uy_.y et ation x411 l a sublected tg itmed_iate I? ?l GCtAMONwEALTM OOF PENNSYLVANIA 09-1-0Z ,??.?. ? a Pt• Cl a:W,» 1,1101 OTA" cw N='1" PA 17011 rua•.? 17171 761-0563 Fiiin9 C4m 5 ----- -- - Postage 5 ?---- servio costs s---- le F.d. cable by Toty -?"-'?? Wh ttwee o0w fe00? PaSt.C.P. J. NO. 2w sate the 0 nand pdtf(s} Leatn tQ? 1"14ti Q Doctcet No.: Date Filed: D?ST HE OEFENDAWT:'flre abw you tot R£ [ L9 Tspins, asks t w r rop hed spins, for. the Oosse?^ of M ndai. f?( Npnraside de?ffiL.J? t0 wit: in 1M amount at, 5 -".-----'?'? 0 dart $ for'.{ "to the rent V.-po y. S _ ?.-- LJ Mo ros, pmP? amount of Daitna ma unfuof Motion Of `s - on Ws date in the amount of S ------ Rent W"On" due and unPeid on hearn9 date due and unP? S r..W----"" U AM addhW rant rarrtginNlg Total: S Atom" fees in me amount of (101 THV Pt,ptNT1FF FURTHER I?LLEt3f:S T HAT: ? t . it any. Of the rsai prOpartY is, I . The toeaw sddprdnofss that propenY under Whom Y% :08 • . 2, The p?ainkTt is the Arty to Yw or to 3. He leased Or (40*d the PtaP ance ,nm law. or t Q Not" :O QUO was ow in accord er the two of the tos". ONO notice is rv lled ? Of rented Is tuns ended. Or which the proorw was teased 5.0 The term * mason d a breach d the aondNfOns of ! ?Aforle? ?? rsrrlained tmsatistied. Gent tesa - - and t,stuse to gnea up ? possssvon. . 6. You retain ma rev PM,m . Yey mat the facts !{at in this OanPta?nt in I made ttas. f balfaat. Thb statowt is ?$ 49f}4) true ?risex to tlo t Of rr?Y k 9 PA C. . Pena!<fei of SactiOn 4904 Of the 0" r Mw! 1Hl r+41M4N'a 1 Md"", a." wr+w?a"'?ra??niwr?"O" ? ?y? aaa?carr+ew??n??,?N?al?'*.?. sMV+??' ? Mid"Y.w•w%??VR401WY?orMta'^'*^tea+MO ?VA itsservlaeo.. • q cono""taa Ar r"t un+a wr "* w ?n f0cm to do Mla9t O" Obtrkt a ,pr' aM'ra_,i.Yda1d r"lk'l,rMWn?k n:, rill 2 . <nq+j i'; ?,a: {i you sT• ti- _. a .. ... .? ?.ieti:•. ?F ..... :?.': v, LANDLORD AND LAINT TENANT COMP pLAtN?IFP: rPatt nux?? V3, cx?. rtI x#00 pj? 1Ot( L? OIW\p W" I VS. ? W&M o. air 02 COMMONWEALTH OF PENN cols mr OF: c--M wo. rz? Ne.: 05-1-02 mi mom Hon 1501 FT ClylQ BILL. VA Tahwhom (717) 762-0583 17011 F]1R' P3? #F3,RS 1001 >IUMa11CY w &"/on* III- 1=.T., PA 17012 NOTICE OF JUDOWNT/TRANSOMPT PFLAiN11FF: REST ' NTIAI.. L PMK 3001 %iD A"/9ft 11l CAW SMUG, 'PA 17011 L VS. DEFENDANT: NAMwa s %"I maim 1102 ITIMMM M APT/era AS c Blip, PA 17012 L J Dodw wz W-0000375-10 Dma Red: 9/21/10 THIS IS TO NOTIFY YOU THAT. Judwneffl was entaredfor• (Nun) JudOmsnt was Wired against LahdIOrd/TdnB& acWn in ft amount Of $ ja 311 an-7M,22112 (Date of Ji The a MMM of Wlt per month, as esiWis W by the MgftWW District Judge, Is The UAW 8i wd of the $ectxtLy 2!22S Is. Rent in Arrears Tiled Arrxwnt I?statliiatled by MDJ Ww-SdwrftyD8pOw I/lpp .0 eicad Laaaehcld Property S .- - ' **Qlder a4ults who Ack the Amt Dae ?9r1QJl/FIt ft[r?}mt providid Cr?ea by bmp?#irlt - ?{, • caNtc?.tg to prefect them.?el?ness to, be piivl.$act N'M l'• t L/TJudgl'i'SA11tAD101J11t 42 tea.S- $127 h?63 tfi,' avietY Judar"ent 006%.. AbXTIGYL 'we b Me.LfaSre. Q ThM case diaM d witf101dpr+ejute. t their T Q1ll flit • PomMian granted. H ?=' IWAWSA; tv Paasession not WW tad. Post JudWrW t Credits Poe Aftment Costs GWN04 Judi ent TOW . Ina ? do I S Delind nts are Anfly and severally 1iabie. IN AN ACTION MIYOLYING A FASWJMI. LEASE! ANY PARTY MO THE RIGHT TIO APPICAL Fib A AM tT PM POY$QIIMIQN WM N T" DAYS AFTER THE UAlt OF ROM OF JUDWRI f MY RLMii A NOM Of AMEAL MfN'THE MOTNNNO 1AM/C L&W Of COURTS ORIM TO 0MTM ASSN THE APPELLANT MW OEPOSIT WITH Till AAR* ?? IF AM. IN OF OOVOTS *lE;tZUJp O THRIW MOWN WNT ON THE rAW ACTUALLY IN ARREARS ON TW RATE 1M AP PM IS PILED. Imo. LOW41i*M6 ANO10R SECTION s TENAME Cif'ICl"RIN TO PPAr:.PALD.L NM IGM 0111tH FOR T• PROCMXW RMBAMMIQ TYES oepm I IF A PAWY WOM TO APPEAL ONLY THE ill' PORTION OF A At i' MUM A RESIDENTIAL LEASE, THE PA0 Y HAS 30.OAY$ AftMR THE DATE OF MTRY OF.IUDOMENT M MM TO FOX A NOTICE OF ANAL Wnr THE Pnowom micLERK of COURTS OF THE COURT OF COMWW PL.EA!!, CWL DfWMM TF1E PARTY Fl,iM AN APPEAL. 11W I INCUM A COPY OF 71'NS M071CE OF JUDGMEMTA RANeORWr FOAM WIYN T11E NOTICE OF APPEAL EXCEPT AS OTHWW ? MP fMiL ? .C1? 01t?' f=bR MAiiMT 1 HO oea E.EC,`18 TO ENiM THE JIAAIENT IN THE COURT OF OOMMGIN PLEASE AL l r-Aft wm 0mE 04 vw • OP COMM PLEAS AND NO PURTIM PROCMIjS MAY Be W TIIR 1IAC•MST AL mmmmwr UM M* THE JUDMA*NT W BMW W IN THE COURT OF COMM FUM AB, AMYOME IN F900 i ? =115my FILE A R@QUOIT FOR' WMW OF *ATIMWACMft Wi Tt* UN T1 %ft DISTRICT JW M III TNEIN FULL4 wrhzs. oft OTREAYr1SE commmS JUDGMEiYG . ''• JA6 sr R1(8Si0n 6Xplmd $tSt lU W**Y Qt JahusrY, 3811- ?1 JudhM District. CmW Of NOME OF APP9AL Notl is ilia qat tha ppAi l m filed In On abateCDfIrJd-Qw4 1 f an woo TM1x19 ?Id¢?IEf? fRdb??bd tv 6O:D2 61 ? .i1 , 1, ^ _ ._ . lh9 daft w In 111t Cpl T bobw. ri• -ra sun M to .Pol o9 all s belbA a DfiM .RlN:+e+ A 000'L W MW ME N fn*W N nosdar? hb, oc d af-iqlrt* fm ID b he De opy ONLY P*M lips OVOW lase P1x.l?f . D..t Nn- 1 (7) H Sown DOW jw". V of eafioi? 9f ea Aw 41111v i uposs apps: Eidernliwupm OpiONeW.faun " agenphitIlln'i1b"POW r Now or. (C, ftwn PiNs b - ' a r T .f l )+ flf?eaty (21 diifys 9riirrrM, 9 ctsaale or> er t.d nor?'Rnos- • r , y1 `r e'er RULE: To t , , _+tPiP?Ks1 (t) Yoa we a>old= tw s.anals ho" mnim 1*m ywb * s aomploynt in appe?i wiil?in i llly {?IOy days Sher Mle dale d atviQ. vt lhip n>ift upon y?aa by petrol ww Am orby c4e"9d or l g, &?jd o"L ), t isa?a '° 11 aonlp4tse *"I* Inw a JUOQM 1fi C NON PWX MAYBE MTERE'fa AGAWT YOU. sole If "Tyke wurp,.by k M1p dale d fh9 malli?p. AQPC 37#9ru ' ' ? 1NWiE-CL7?RdE°tA??{??fl? ?-C11fat'?f4L? WON 06"Wr .?DQi'r ?PIirC - OO{yl' TQ 9EE tl1 f f7li 11Ppfi E' 4j% D .QWy 10 It 11 JEWM FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6333 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on November 10, 2010, I served a copy of the within Complaint, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Douglas R. Roeder, Esquire The Dickinson School of Law Elder Law and Consumer Protection Clinic 45 North Pitt Street Carlisle, PA 17013 RICHARD S. FRIEDMAN, P.C. Ric d S. Friedman, Esquire 3 N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 CF THE RQ TH?1CE ONCTARY 1014 QFC -I px 2; 05 CUMBERLAND COUNT r PENNSYLVANIA Douglas R. Roeder, Esq. Supreme Court No. 80016 Elder Law Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013-2899 (717) 240-5152 Attorney for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAIRMOUNT PARK APARTMENTS Plaintiff V. Elaine Mariano 1102 Yverdon Drive, Apt. A6 Camp Hill, PA 17011 Defendant No. 10-6333 Civil Term CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COMES the Defendant, Elaine M. Mariano, by and through her attorney, Douglas R. Roeder, of the Elder Law and Consumer Protection Clinic of the Dickinson School of Law, and sets forth as follows in support of this Answer to Plaintiff s Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Bunker Associates and Defendant continued a lease agreement under consecutive one-year terms from October 1, 1998 until September 30, 2008. After September 30, 2008, the parties continued on a month-to-month basis, as provided in paragraph 15, of the original lease. 7. Admitted. By way of further answer, the lease agreement speaks for itself. 8. Admitted. By way of further answer, Defendant does not agree all entries were at reasonable times or pursuant to the terms of the lease. Further, Defendant did not consent to the taking of photographs of her apartment or herself at any time. 9. Denied. After reasonable investigation, Defendant is not aware of any inspection taking place, nor is Defendant aware of what Plaintiff found during any routine inspection. Defendant is not able to determine when Plaintiff first became aware of conditions in Defendant's apartment, nor is Defendant able to determine by what method Plaintiff became aware of the conditions within Plaintiff's apartment aside from the bug infestation. Defendant notified Plaintiff of a bug infestation which was later determined to be bedbugs and Defendant attempted to work in cooperation with Plaintiff in order to resolve the infestation before Plaintiff chose to initiate any legal proceedings. Further, Defendant avers that Plaintiff is not able to make a determination as to whether there is a fire or health hazard. Defendant denies that Defendant's apartment is in unsafe or unsanitary condition, and also denies that the apartment is infested by anything other than bedbugs. 10. Admitted in part. Denied in part. Defendant admits that paragraph 20 of the lease agreement speaks for itself, but denies that Defendant violated any terms of said lease. 11. Denied. Defendant is unable to determine any efforts taken by Plaintiff to inform Defendant of her responsibilities regarding cleaning and exterminating the apartment. Further, Defendant was not notified by Cumberland County Department of Aging of any responsibilities regarding her apartment. A representative from the Cumberland County Department of Aging informed Defendant that a notice was on her door, but took no further efforts. By way of further averment, Defendant has made multiple efforts to make the apartment satisfactory to Plaintiff, but has been unable to secure help to meet the arbitrary requirements set forth by Plaintiff. Defendant is limited in her ability to complete the requirements set forth by Plaintiff due to multiple disabilities and limitations and must secure help in order to meet Plaintiff's demands. 12. Denied. After reasonable investigation, Defendant is only aware that Plaintiff contacted Defendant's relatives and that Defendant's relatives were unable to help. Defendant is unaware of the content of any discussions which Plaintiff had with Defendant's relatives. Defendant also denies consenting to any such discussion occurring. 13. Admitted in part. Denied in part. It is admitted that the Elder Law Clinic is providing legal services to Defendant. The clinic has agreed to assist Defendant in finding resources capable of helping Defendant with removing items from the apartment which Plaintiff has demanded be removed and in finding resources to aid Defendant in meeting the demands set forth by Plaintiff. The Elder Law and Consumer Protection Clinic is a legal clinic which provides clients with legal assistance only and not with aiding persons with actual removal of items or persons from the apartment. Defendant also denies the apartment is infested by anything other than bedbugs. 14. Denied. After reasonable investigation, Defendant is unable to determine what other tenants may or may not have told Plaintiff. 15. Denied. Plaintiff has made numerous demands which Defendant has been attempting to meet. Defendant is cooperating with efforts, but Plaintiff has refused to complete an extermination of the apartment until items in the apartment are removed to Plaintiff s satisfaction. Defendant has hired aid referred by Plaintiff in order to remove the item which Plaintiff has requested be removed from the apartment. 16. Denied. Allegations of Plaintiffs complaint paragraph 16 are conclusions of law to which Defendant is not required to respond. To the extent that an answer is required, Defendant has been constantly trying to seek help in satisfying Plaintiffs demands to remove items and have an extermination completed. Defendant now has someone in place to aid with removal of the items. Plaintiff has refused to complete an extermination of the premises until complete removal of the items has occurred. Plaintiff is unable to make a determination as to whether a health hazard exists to Defendant or anyone else. 17. Admitted in part. Denied in part. Defendant admits that Plaintiff filed a complaint; however, Defendant denies that Plaintiff was forced to file such a complaint. Plaintiff chose to file the complaint without any coercion from Defendant. Plaintiff could have completed an extermination of the apartment premises as it presently exists, but has chosen not to do so. 18. Admitted. By way of further averment, the judgment issued below is no longer of consequence because this matter was appealed to the court of common Pleas and will be heard as a de novo proceeding in front of the Court of Common Pleas, according to the Pennsylvania Rules of Civil Procedure and The Pennsylvania Rules of Conduct, Official Standards and Civil Procedure for Magisterial District Judges. 19. Denied. Plaintiff only made one attempt to remove Defendant. As far as legal proceedings are concerned, that matter is on appeal in the case at bar. Defendant has made constant effort to resolve this matter and comply with Plaintiff's numerous demands. 20. Admitted in Part. Denied in part. It is admitted that the District Justice judgment was appealed to the Court of Common Pleas, as Defendant has a legal right to file such an appeal. Defendant denies that the copy provided to Plaintiff is illegible. By way of further explanation, the required court copy was provided to Plaintiff. The original appeal form is of record with the Court and Plaintiff may access this at their convenience. WHEREFORE, Defendant, Elaine M. Mariano, respectfully requests this Honorable Court enter judgment in favor of Defendant against Plaintiff, Fairmount Park Apartments, and dismiss Plaintiff's Complaint. rl Res ft illy Submitted, Date: Douglas R. Roeder, Esq. Supreme Court No. 80016 Elder Law Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013-2899 (717) 240-5152 Attorney for Defendant VERIFICATON I, Elaine Mariano, verify that the statements made in the foregoing document, of which I have firsthand knowledge, 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. BY: ? ?}? , n DATED: Elaine M. Mariano IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FAIRMOUNT PARK APARTMENTS Plaintiff No. 10-6333 Civil Term v. CIVIL ACTION - LAW Elaine Mariano 1102 Yverdon Drive, Apt. A6 Camp Hill, PA 17011 Defendant CERTIFICATE OF SERVICE I, Hannah R. Suhr, Certified Legal Intern, certify that on iJ- - I , 2010, I served the foregoing Answer to Plaintiff's Complaint by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: Richard S. Friedman, Esquire 300 N. 2nd St., Suite 402 Harrisburg, PA 17101 Date: By: A-'?ye A- HAnah R. Suhr Certified Legal Intern Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 FAIRMOUNT PARK APARTMENTS, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-6333 Civil Term ELAINE MARIANO CIVIL ACTION - LAW 1102 Yverdon Drive, Apt. A6 Camp Hill, PA 17011 : Defendant STIPULATION C.0 It is hereby stipulated by and between Richard S. Friedman, Esquire of Rich. E3 Friedman, P.C., counsel for Plaintiff, Fairmount Park Apartments, and Douglas R. Rod-&r, " Esquire, counsel for Elaine M. Mariano, Defendant in the above-captioned matter, as follows: 1. Defendant agrees to stipulate to judgment in ejectment from premises situate Apartment A6, 1102 Yverdon Drive, Camp Hill, Pennsylvania 17011 owned by Plaintiff on or before April 1, 2011 at 5:00 P.M. 2. Defendant agrees that any personal property not removed from subject premises prior to 5:00 P.M on April 1, 2011 will be considered abandoned and may be disposed of by Plaintiff. 3. In the event Defendant fully complies with the ejectment and removes herself from subject premises by 5:00 P.M. on April 1, 2011, Plaintiff will waive any further rights against Defendant for breach of lease and attorney's fees associated with this action. However, in the event Defendant fails to vacate subject premises by 5:00 P.M. on April 1, 2011, Plaintiff will retain all rights at law or in equity against Defendant. 4. Defendant agrees to instruct Prothonotary to release the funds previously deposited. 5. In the event the Defendant is in full compliance with the terms of the Stipulation, Plaintiff agrees that it will not make any reporting to any credit reporting agency against Defendant, and in the event of any requests from an outside third party regarding the terms and conditions of the termination of the lease, Plaintiff will make no adverse comments about Defendant and will advise any inquirer that the parties mutually agreed to terminate the lease, and that Defendant's rent was fully paid in a timely fashion. 6. In the event Defendant fully complies with the terms and conditions of this Stipulation, Plaintiff agrees that it will cause any judgment entered by the District Justice to be marked satisfied. However, in the event of Defendant failing to comply with the terms of this Stipulation, Plaintiff will have no obligation to satisfy the judgment at the District Justice and may further proceed under the terms and conditions of this Stipulation, including the right to proceed against Defendant for unpaid rent, damages to the apartment, if any, and reasonable legal fees and costs. 7. Defendant agrees to give Plaintiff three (3) days verbal or written notice through counsel of the exact date and time she intends to vacate the premises in order to provide Plaintiff sufficient time to make plans to prepare the building in which the apartment is situated for the removal of Defendant's personal property and, likewise, to clean and exterminate said premises. 8. Plaintiff agrees Defendant will not be held liable for any costs or fees associated with any cleaning or extermination of the apartment which has already occurred or which occurs before or after Defendant vacates the apartment. Nor will Defendant be responsible for completing any extermination or performing or having performed any cleaning of the apartment, including but not limited to cleaning of the carpets, walls, fixtures, or appliances within the apartment. 9. This stipulation is not in any way an admission by Defendant to any claims made by Plaintiff within the Complaint. Defendant does not admit to the existence of bed bugs or other vermin, or any unsafe or unsanitary conditions within the apartment. Nor does Defendant admit to any violation of the lease agreement held between the parties. 10. Subject to compliance, this Stipulation constitutes a full and binding release between the parties for any claim the parties might otherwise have by virtue of the lease agreement entered into between the parties. Richard S. Frie an, Esquire Elaine M. Mariano, Defendant Richard S. Frie an, P.C. Dated: 300 N. 2nd St., Suite 402 10 _ Harrisburg, PA 170 ` ?- (717)234-3441 Dated: 121 ' I Roeder, Esq. . Douglas'R Attorney for Defendant PSU Dickinson School of Law Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Dated: ' 2. ] ,. . % FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO 1102 Yverdon Drive, Apt. A6 Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6333 Civil Term CIVIL ACTION - LAW ORDER C ?r M - ° z 0 St' AND NOW, this 31 day of January 2011, it is hereby ORDERED and DECREED that: A. A Judgment in Ejectment is entered for Plaintiff. Defendant shall vacate premises situate Apartment A6, 1102 Yverdon Drive, Camp Hill, Pennsylvania 17011 on or before April 1, 2011 by 5:00 P.M. B. Any personal property not removed from subject premises prior to 5:00 P.M. on April 1, 2011 shall be considered abandoned and shall be disposed of by Plaintiff. C. Subject to Defendant fully complying with the ejectment and removing herself from subject premises by 5:00 P.M. on April 1, 2011, Plaintiff shall waive any further rights against Defendant for breach of lease and attorney's fees associated with this action. However, in the event Defendant fails to vacate subject premises by 5:00 P.M. on April 1, 2011, Plaintiff shall retain all rights at law or in equity against Defendant. D. Defendant shall cause the Prothonotary to release all monies being held in escrow to Richard S. Friedman, Esquire, counsel for Plaintiff. E. Subject to Defendant being in full compliance with the terms of the stipulation, Plaintiff shall not make any reporting to any credit reporting agency against Defendant, and in the event of any requests from an outside party regarding the terms and conditions of the termination of the lease, Plaintiff shall make no adverse comments about Defendant and shall advise any inquirer that the parties mutually agreed to terminate the lease, and that Defendant's rent was fully paid in a timely fashion. F. Subject to Defendant fully complying with the terms and conditions of the Stipulation, Plaintiff shall cause judgment entered by the District Justice to be marked satisfied. However, in the event of Defendant failing to comply with the terms of the Stipulation, Plaintiff shall have no obligation to satisfy the judgment at the District Justice and may further proceed under the terms and conditions of the Stipulation, including the right to proceed against Defendant for unpaid rent, damages to the apartment, if any, and reasonable legal fees and costs. G. This stipulation is not in any way an admission by Defendant to any claims made by Plaintiff within the Complaint, or otherwise. Defendant does not admit to the existence of bed bugs or other vermin, or any unsafe or unsanitary conditions within the apartment. Nor does Defendant admit to any violation of the lease agreement held between the parties. H. Subject to compliance, this Stipulation constitutes a full and binding release between the parties for any claim the parties might otherwise have by virtue of the lease agreement entered into between the parties. BY THE COURT: A J. Distribution: Richard S. Friedman, Esquire, 300 N. 2"a St., Suite 402, Harrisburg, PA 17101 (717) 234-3441 'Douglas R. Roeder, Esquire, Elder Law and Consumer Protection Clinic, The Dickinson School of Law, The Pennsylvania State University, 45 N. Pitt St., Carlisle, PA 17013, (717)240-5152 4 41 J&I it I 46 FAMMOUNT PARK APART, Plaindilc V. ELAINE MARIANO 1102 Yverdou Drive, Apt. A6 Camp 1:Bll, PA 17011 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6333 Civil Term rn = rm x? CIVIL ACTION - LAW C w 0 ? CJ low . X =C:) • ? r CJi AND NOW cones Fairmount Pack Apartments, the above named Plaint A by their allDmay, Richard S. F dadman, Esq.. and makes the following PE'T'ITION TO RELEASE FUNDS, and in supprrt dmwf avers as follows: 1. Petitioner is Fairmount Park Apartments, the named Plaintiff in the above captioned 2. Respondent is Elaine M. Mariano, the Def xl net in the above captioned mfr. 3. Petitioner reeks a Court Order messing fimds paid to the Court by Defendant for Rent Payments. 4. From October 5, 2010 through Mauch 5, 2011, Defendant has filed with the Court, rent payments in the amount of $640.00 per month, on a monthly basis. M d -rt zF ©M D 5. Defendant has remained on the property during the duration of tier payments. 6. For the aforema Waned rusan% P ddooer rognesb that fbnds be released to Plaintiff via Attorney Fdalman for the durafim of time that Defeadod Im rewaioed on the 7. Ped ionar I= sought and reoeiaed'the oancarn a of Reaposda t via Rospoodeiodt's at OMM fsr the relaasaof fiords through Mareb 31, 2011. IL W?RB1+'ORE, Pei*m, Fairmount Park Apuuwn % hereby rtsQoc Wly requeft tins Haaonble Court w release the foods held in exrrow, to Petition's Ann ey, Richard S. By DATL:- ;,13i b, Rydhard S. Friodman. Esq. PA Sgpmw Court lA No. 0 717 6 Richard S. Fiicdman, P.C. 300 N. a SU 44 She 402 EWMA PA 17101 .(717)234-3441 OarI PiCATE OF SERVICE 1.1LicbAwd S. Friedman, Esq., do hmby entitydw a tree and comet copy of the P6"17TION TO RXMS$ FUNDS in *e above captioned was SW U.S. Mail, Postage prepaid on this dame, to the followb* Bisine'm Marlano CA) Elder Protection Clinic 4S Noah Pitt9kvd Carlisle, PA 17013 EY Richard S, Frkkvmms, Esq. Richard S. Ffiedmaa, P.C. 300 N. a 3. Suite 402 Haaisbur& PA .17101 DATE: (717)234-3441 3r3? ,? I" ILE'0-C t- :?- RICHARD S. FRIEDMAN, PAF THE P1 y0 T H fC 0 TM R Y Richard S. Friedman, Esquire .? ID #07176 2011 APR -5 FI , .,• 4? 300 N. 2nd Street, Suite 402 CUMB17 RLAkND C i-1 { a `{ Harrisburg, PA 17101 P EE S Y LVA E A Tel.: (717) 234-3441/Fax: (717) 232-9946 e-mail: rsfl3@live.com FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6333 Civil Term : CIVIL ACTION - LAW EMERGENCYPETITIONFOR SPECIAL RELIEF AND NOW comes the Plaintiff, Fairmount Park Apartments, by and through its attorney, Richard S. Friedman, Esquire, of Richard S. Friedman, P.C., and files this Emergency Petition for Special Relief and requests this Honorable Court to enter an Order directing the Sheriff of Cumberland County to immediately eject Defendant, Elaine Mariano, from premises situate 1102 Yverdon Drive, Apt. A6, Camp Hill, Pennsylvania 17011 as follows: The parties entered into a Lease Renewal for subject premises on or about August 13, 2007 which continued on a month-to-month basis by its terms. 2. Plaintiff gave Defendant sufficient written notice in accordance with the Agreement that the Lease would not be renewed, and that she should vacate the apartment due to the termination of the Lease and other specified violations of the Lease, including bug and vermin infestation and trash and debris throughout the entire premises. 3. Counsel for Plaintiff had numerous communications with counsel for Defendant regarding her vacating the premises as agreed upon, and offered assistance for Defendant to gather her belongings. However, Defendant refused to cooperate in any regard with Plaintiff, and did not make any satisfactory attempts to remove her property or secure alternate housing. 4. Defendant refused to move in accordance with the notice, and therefore a proceeding was instituted before District Justice Barbara A. Clare in Camp Hill, Pennsylvania for possession on September 21, 2010. Possession was granted on September 28, 2010. 5. Thereafter, Defendant secured the legal services of the Dickinson School of Law, Elder and Consumer Protection Clinic, which filed a spurious appeal on behalf of Defendant in order to delay the eviction proceedings. 6. Therefore, on or about November 12, 2010, Plaintiff filed a Complaint against Defendant for possession of subject premises. A copy of the Complaint is attached hereto, marked Exhibit "A", and incorporated herein by reference. 7. The parties, through counsel, thereafter entered into a verbal agreement whereby the parties would entered into a Stipulation and Court Order awarding possession to Plaintiff on or before March 1, 2011. 8. After counsel presented Defendant with the Stipulation as agreed upon by counsel, she refused to execute the Stipulation. 9. In order to accommodate Defendant, the parties and counsel agreed to enter into a Stipulation for a Court Order which was filed on January 28, 2011, a copy of said Stipulation is attached hereto, marked Exhibit "B", and incorporated herein by reference, and which resulted in an Order dated January 31, 2011 from The Honorable M. L. Ebert, Jr., granting possession on April 1, 2011. A copy of said Order is attached hereto, marked Exhibit "C", and incorporated herein by reference. 10. Although Defendant had over two (2) month's notice to remove her belongings and make arrangements for appropriate housing, she did not do so, thereby violating the Order of Court. 11. Plaintiff's attorney attempted to obtain the services of the Sheriff of Cumberland County to enforce the Order of Court, and was advised that the Sheriff's office could not do so without a directive from Your Honorable Court. WHEREFORE, Plaintiff requests Your Honorable Court to direct the Sheriff of Cumberland County to immediately eject Defendant from premises situate 1102 Yverdon Drive, Apt. A6, Camp Hill, Pennsylvania in accordance with the Order of Court dated January 31, 2011. Respectfully submitted, Date: q I { `r RICHARD S. FRIEDMAN, P.C. Richar S. Friedman, Esquire ID No. 07176 300 N. 2nd St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 VERIFICATION I, Richard S. Friedman, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Emergency Petition for Special Relief and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Plaintiff is temporarily out of this court's jurisdiction and unable to verify. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 1 Dated: S ( It Rich d S. Friedman, Esquire Attorney for Plaintiff RICHARD S. FREEDMAN, P.C. f Y -, Richard S. Friedman, Esquire ID #07176 fl ?, e 300 N. 2nd Street, Suite 402 t -,,Attorney for Plaintiff Harrisburg, PA 17101 Tel.: (717) 234-3441/Fax: (717) 232-9946 FAIRMOUNT PARK APARTMENTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-6333 Civil Term ELAINE MARIANO, : CIVIL ACTION - LAW Defendant NOTICE TO DEFENDANT NAMED HEREIN: 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 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Le han demandado a usted enla Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en 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 entrar una order contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos unportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMM EDIATAMENTB. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICMWrE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 RICHARD S. FRIEDMAN, P.C. i l Richard S. Friedman, Esquire 300 N. 2nd St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 Dated: &em' q, aolo FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6333 Civil Term : CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff; Fairmount Park Apartments, by and through its attorneys, Richard S. Friedman, P.C., and brings this Complaint averring as follows: 1. The Plaintiff, Fairmount Park Apartments, is an apartment development managed by Bunker Associates, which is a fictitious name registered by LCL Income Properties, L.P. II, with its registered place of business at 199 Baldwin Rd. Suite 140, Parsippany, NJ 07054-2043. 2. Bunker Associates owns premises situate 1100 Yverdon Drive, Camp Hill, Pennsylvania, known as Fairmount Park Apartments, which is an apartment development with apartments for lease to the public. 3. The Defendant, Elaine Mariano, is a tenant of Fairmount Park Apartments, with her apartment at 1102 Yverdon Drive, Apt. A6, Camp Hill, Pennsylvania 17011. 4. On or about October 1, 1998, Bunker Associates and Defendant entered into a Residential Lease Agreement, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 5. The initial term of the lease was one (1) year, terminating on September 30, 1999. 6. Under paragraph 15 of said lease, at the termination of the original term, the lease will continue on a month-to-month basis, and the parties have continued on a month-to-month basis since that time. 7. In accordance with paragraph 14 of the lease, Defendant is responsible for keeping the apartment clean and neat at all times. 8. In accordance with paragraph 17 of the lease, Plaintiff has the right to enter the leased premises at all reasonable times to inspect, perform maintenance and do repairs. 9. Several months ago, it became apparent to Plaintiff, through complaints of other tenants and as a result of routine inspection, that the apartment occupied by Defendant created a serious fire and health hazzard, including but not limited to infestation by hundreds of bed bugs and other vermin, and otherwise unsafe and unsanitary conditions. 10. In accordance with paragraph 20 of the lease, no notice of termination is necessary, as a result of tenant violating the terms and conditions of the lease. 11. In spite of the lease providing for no notice of termination, landlord did notify Defendant on several occasions, personally and through Cumberland County Department of Aging, that she was responsible to clean out and properly exterminate the apartment Defendant refused on several occasions to cooperate. 12. Plaintiff attempted to secure the assistance of Defendant's relatives who refused to get involved. 13. Defendant availed herself of services provided by the Elder Care Clinic at Dickinson School of Law, and Plaintiff was advised on several occasions that the Elder Care Clinic would assist in having Defendant temporarily removed so that her infested furniture could be disposed of and the property could be properly exterminated to remove the bed bug problem, and other problems created by other vermin. 14. Plaintiff has received numerous complaints from other tenants of the apartment building who have threatened to move out if Defendant was not removed or the condition satisfied. 15. In spite of numerous demands and agreements between the parties for tenant to be removed temporarily until her infested furniture could be disposed of and her apartment properly exterminated, Defendant refuses to leave the apartment and refuses to cooperate with extermination. 16. The condition created by Defendant and perpetuated by Defendant's refusal to take any action to correct the deficiencies and infestation or cooperate with plaintiff in doing same, has resulted in a serious health hazard to Defendant herself and to other tenants. 17. Plaintiff was, therefore, forced to file a Landlord/Tenant Complaint in front of the Honorable Barbara A. Clarke, District Justice, for recovery of real properly. A copy of the Landlord/Tenant Complaint is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 18. On September 28, 2010, a Notice of Judgment for possession was granted in favor of PlainW a copy of which is attached hereto, marked as Exhibit "C", and incorporated herein by reference. 19. In spite of additional attempts by plaintiff to remove Defendant, she refuses to move or cooperate. 20. Defendant, thereafter, filed an Appeal from the judgment issued by the District Justice, an illegible copy of the Appeal is attached hereto, marked as Exhibit "D", and incorporated herein by reference. WHEREFORE, Plaintiff demands, judgment against Defendant for possession of premises situate Apartment A6, 1102 Yverdon Drive, Camp Hill, Pennsylvania 17011. Respectfully submitted, RICHARD S. FRIEDMAN, P.C. Date: Kic S. Friedman, Esquire ID No. 07176 300 N. 2' St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 VERIFICATION I, Sherri Hockley, hereby acknowledge that I am the Regional Manager and authorized agent of Fairmount Park Apartments in the foregoing action, that I have read the foregoing Complaint, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Sherri Hockley, Regional Manager fau oz ed agent of Fairmount Park nam-. nazea:'t'6eML&' lo,?xn. I . RESIDENTIAL LEASE I Ihb IlaldaMkd Loose dadad Skis Tat damp of October_ .ry 19„_gg_ betweamr La. .: Marragetaeat as agarts rep nrnstrn 1SPnCTflmrgs as LaadSprd pmt _ _. x1 sinit mars--- ohdly and seraaNy as TemwL It Is agreed 111at no am wIN On to ibis dw 1hg allow rimes lime rwsned bdow uncles prior writ- he alNrroat Is ghan br to"" 1vm WAx MJIF ACA _ Maine !gr one op_44 mea?a .2fL2m44 1. lEAW11 !REMISE. Immdtad knee In TO 001 apse Ore lams anT canmak"" m nwpmi In this Reamlcialnl I?me.._? Wttb patio- area-- xacated' _- ?, 11 w? 'rirerAm?rm flTi ?? _ Paam? iri 7 1 ?? ? wQl1 . (leased rmdm). 2 TEAM OF LEASE. The lens of Mds RaideslSsl heave r 6,91- drg mm llm v .j., of Oct....bar - 1998-. of --i2- dmiodt __2,M_ and ending en Mme _ 804t3 of . 9-g-.% - ...19gg - at •,.,__ ledem* _• P,M. 3. RENTAL PAYMENT. Tenn! doll pap to Lnndlotd Una sum S __6,_340_40._ us bmeiic nerve! for the lease lam. 1 he rvrdal slaty ba payable srordirhy In advance on ripe" dayN each alordh dmi g **law km M the aasww w $ _ 32%-QA _ without Ph" mlermmarrd by two0 al. pleysrm of waial"be $a the brrrI Pe, address of The tmWNont or aivan ww" ndioe b Tenant, at a ndw loaadfon. NO URI MILL at Acmptm MAKE CI V%;0 OR Mtx4EY ORIN= PItYUM 10: B= n ASSOCII?TES m "- 9 the hflo of arts Scow shah boon an a dads fiber don dw Wd of the raopth, lersarrt shag pay the saoaMdp rectal on The 1lg' it p dale. The leohd paid shah be appNed to On find parked swalh abd Ilme loft partial mooch. the second inrp -W payarent dA be pad on Un &A dap d do month tagowing The be hw" of She Moose lens and shah he aNAed to OW march's mdaL IAnndlord and tesws- agree awl Tinady paposhp of line rarlai and pMannwnce of aN !eons mwl MWNlfaha of this lease era Of Mee essence of 1114 !care. If Theo WI* recd shah not hwoc heed pmkl N late OW the fnl (Slh) of On NNW! wbea On reakd OWI hmne been &w, titca imam agmem~t ;o pry liar the dmwp of IM which will be dddW in by tine Nflh (Stop d monlhAny fid OF 11011101 dwa and dpse Tmmwg bank %;M eamki- Bred late rent aid ad>)ed to the 10% lase dwrye. the late daage shah cmVemak tadlord tar adaNlional 9*Mnbhvtw cmb and atpraaa co and by the k* payment. If paynma t b mode to Iamndhrd at she proper addreos by fin! class no% padap prepaid, Urea the m d?.o( he to / mmamri ni M.. ?f paYnre? M the e+KaN root dada Is rolwmd to Lhsraf of id i nypgm anaxnr rw>,u? -wnooaeaied fanrli, stn(, poynpad, pa pp?ea clawed or any otlsrt reason; 1essr8 agrees to pay tondhwd a dw a retrracessirrj In of 250.00. M the event dmck Is Rtnarreml o Kvml here for any d are abor+e rmmu a $35.00 ke slydl be m 1-m and due Mom Urn 1mvvV? 1mvdloW rcm ves am riyld Io m 4tdm cedlfkd dreck. nwney aWw, a WdW$ dhmk for Ilre [alum rent fn On event any personrd dwdr is returned for ere reasons at bdh herein. IaNdlord rescues Or. rW to proceed with cft*ma1 dwrgn In die event Ttmnat braes a `Ned C1m W. AN dkwges Imemauter slrmll be decoyed additional repent. lfl1w Tenant vtalmdes airy of ripe knrs and amwi lions of Uds kme, The Imhd6d IKU 11er tkjld to en orm cepUdion of the enure rnmpdd bdmmm of lire mmd fat llte rerrolnhrg Icon of lime kose. 4. SECUltTTY D810SIT: After sfgmdng tlmb Residential Lease, and before Mme Tenant calms parses- 771 slon or lime I cnnd Prerrmtmms Temaat shoN Pray to tandlorrl a sum lmhmal to _.. M - •• ••-'-• -• 1-11" amount aloe be hdd by Lammdiord as a sepirlly deposit, lickwe Landlord netnrW ale nanity deposit to the Tenant 1) Tenant slag .aaale ate laased Pneaibes tiiid LAeidiord cacti bigieQ the Loosed Ihreinhses tar danxiy? ? Ttntaait shall have apsupled with al hose know, condition; and raha and rgpdatkmm and 3) Tong r dog h c paid In fail hOw rental, additional rrei11al and late daii? M gall: Laadistd nay fekdn all or any y Deposit b Ild"Il ass landlord for any and all lass, damage and eqm" due to k4moo "s viodatfea of doem, s and aadhkaa, m War and re idalfom of 11d; Roddenlld I.etlse or dole to naitpayaxnl of rear, additional real male daages, Uany. If ids 1 ants prim, b fix halo let. iaftiallon, fns L•ndlard my demand unit ate Tenad replace the amolsrrI of Ux scarily daima meet by 110 Landlatd, If the Liardbrd sells ilx prnlxi1y. die Lartdlwd may hatafir the dtq%i* to the new "In Nis far the Tanu is bmWL Tim lAmollm act wal twolfy dw Tenant of a" sale and Inommi r of Ile r1-1m The irndiord will dam be relsased of all ltabNlty to Mo rn the 11ecuroy dgnigl. Ie odnuwkdpas OW The Security Dqm& 4 rat to be Wed as paymm of dos log mmnlb's real. 5. INABIIITY OF LAWMD TO GIVE pW. r Landlord k uriuble to bander pagan. shut to TeNarN at ax bq*mk g of It f MaMm" l png; UM ax lease Iena doll beoh% last homme s dipg0tlon b pay feat sbap be srr11liertded Iai1M l.attdlord k obis b Iralr11fer pa1111e»Iea b Terrartt. lawd{o;d 1111011 M be luble to Tenant kv damage= If Landlord b triable to bnrpfer pamemlan of the Lensed 1'leailses far bauses rea11or d* beyond Lounfla 's canbuL U ax pdar tenmal in" are; ur f= Wm in doe LA,ased lira dm after Not tetra an11s, ae Leadlap4rs obligation b traeder pu'?seseka, of the Leveed Fieidres to Tennant h wrspowled. S. PRIOR TO LfOVE4K' Mar b nowe-b, Tenant omd cwnplele Ilw fallor+11ig 1. canlphie aria sign Ile appBasaor w11kh baamrnes part d ddt Agreenoem. i 4=4 umdetd? and d9n P* NiMmoe"i OW GUY a1TBt'abk addemkmm 3 Ilay nip aareys for teat. ;sally, proms and muendm clMngia a, Ino ' 11011101. 4. hoped Wo are Laadlard lire ipedlk And&tg yon are rte t kkkalbrg m is" coudtliarrr, now 114rring and date 11. d"Mcale fam Toonnol aprons 10 aBmw LN@dlard at lent ftwrleen dap fria o as 1 oknlr of thb Loose for aaw ettp.har or decom&V alDtaell to by Landlard and Tnan..L 7. DWRUCTLON OF LEASED PItag u, TeaaM 111aN tr11ay LaadkaN ari Bonn a: piic of amp Nye or valet lma In or about Mtn Leased proot6m -feswat dtap a?mafy Landlord hnmethbtely of airy drcsmn omm or empdUlm In ar donut are Lemed hvWbet wlddt Ihrroalens. Nye Loped. Merldses, ar doe PWC1ly or su(efy Of Tenant. Imndlard or Wkm ! N are Leased Reny ms Is la ftft destroyed by Nye or other cagy, renaat slag have 11e right and onto; 1) to moinn a to am" Ow habfbhle pwtlm of the p moloos, pt. j) in kr- inhale alb he*kWkd I.msne ah"Ifely and receive a rdaod of teat paid Ihttxlglr We elute 01 itaiptri cif Ixlssersiarr to taudlord. A. MURANCIL Landlord slap'-oars On slruclme wpldn %Ud, the lzdsed h'qadsm is kiaafecl kw No* awl extended coverage. Tenant dog home 'kuoail's irttsed Preahes Petumal 1in11icrly In or a114an1 the ibe lsadford's stmt we hu nno"m duo "at cam only dm"CW >d a tenant or the anala lea4, equllaMrrl11 fiiibtres..aild.prai, ilroli, SUICAP, teyharfaml.amm?cuo?n, or any caum. 9. SUBLETTING AM ASSIGNINMM Tenant dnip no assign Ills RokhmM Leone to eater 11110 curt adAe lie agreement without Ilse prior written a ment of Latidkord. Any aflengiled'asign- mmM or uditme bt Tenant without Ile prior written comeld of Lardkad k a vlikition of Ibis Reskientkil lease. If Leadkud ding cuount to an anskpaieni or awakkxei to be u airy ttiapenl slap ;x11 lie cora+etrl to airy cite; sstlinmem or sldilensc. 10. RELIEF OF LANDLORD FROM LL4sm ry. I d"ord b ntg huble for km k*4ry, or ctainacp ` 10 airy person or Iievlxn'ft mines time Iris, ls*wy or dutncige to owned 1 Ilia landkrtd'; Ink-1* tkmc11 act o r ni'9k d• Tenant shall rem to Landlord any mwiey:peiN by Landlord due to Tenant's liftidanal act at who tnnegUlxedL . Tenant ed b nesponslble for all kdewkmd acts or uegkci of TenauCs family, ated others . Landlyd dap tai be h able for arty h*ry or dunnage caiactl by water. rain, straw at ice UmN kale or flaws from wtwtever sou hilo or armau1111e Leased 1'renilsca ar tier 1141114"110 walla wlvkb ttie leased 1•te ulms Is located. 1lto laadioed b teal rcahomv& fir only blew onjeum or laterrapetar a r seivktis dine M repala, Impret er mm" or far any reaso" Barad the Landlord's Ceretn 1. Unpile btcorevinlenm far keterrsldian of servkes, a tenant nuep altil par rent. It. USE AM OCCUPANCY OF IEASED FREMISIM the Ler4ecl Pre tube x way be used for teary dentllal low, a Only without live prior written eordauI of Lsndlerrd, leased shall vompy and use hive Itrarrbes la t+aeetoetuunm wRh ON Fedaal,'Slole and Lad Lours, Rdgalatioere and Ordlnonoes um In force or that may be landed in the Man. Teaamt dyad PM Am a" flamsarbde, homrrlaus, or k xk mdxkmea or engage in any odkily be or abed the Earned heutiees vddch sulesk ltnei or afdivittes expose Teased, Landlord, or adme; to a dA of b*wy, lea or damage. L2. MAO ANTI R6GU1ATIOW In addition to On Perm; and contlNa s Ise Ntb hadden" Lefts, Temaat shat be bowed by Lan Red's tlI - - A rd hales and llagulatiata w" arc vdieschexi to if* Irwe tmed nd shall hear rive rigid durbp Ow term of fhb Leone to dice nge or send to hyena Rem wed tiegulationt fan dried list the ptrrpon of my damp or addithm shall be to lme'm*? Nye Immed heatba and dw *det cud meht of all Nrc kneads. No dratge or addition so tits Ruda sad RepdaNam shag learner ef(edhre weld 111 at hue been pm vWed wO a writko copy of Up cle ngegi or added Rates std Regulations by wxA leading or delve, to Nye loosed he nlbes. Term* agrees limit a vicludem , of Nye Itulm mad Regubtlase shall be a viddia" of dds Residential !ram vidwim of Mee Bales and Regulation; by Teaad shall pmA Lmmdlad to aeerdee cry std all teneeeMm provid. ed lar in tleb Rodle llol Lease. 17. SUSORDMtATIML Thb Residential Irma Is subatdlaale to any and all worlgcga aril mmli- ty , me-Is tint ate pepedty on Mee properly or that In the folun gray be on the property ar wm.ch Iha lZmed hembee Is to part. H. CAKE AND MAINTENANCE OF LEA= M&WE. Tatum dug use good tare when wig floe Leased heraiNS and al mpplatec "wo (fr applicable). Extol% and all inga ft rendimu g wed air eoadltionhg wr t m wld& the Leaned heWdes. Temaeet aim dial ewer A m good care whets "my poet of the bulking wNldn wleldt Na Leased I t . W- b bwxted. Temma shallpay fcr all repabs to Mee Leased heredses, Rd cOldoO <, or Only proReedy of Loodi.d 4011 I by On lod* or goad sae by lewMm1, IMON's &W* wemirerd and looMWti gnu. Upon OMdk g of Nub Residaellal Lefts for any eswsR Tenant dial peaaeohly stmreadw of qtr Lased healbes old Ns;taotatls lO Letaiseef In as good ovtl er and n pale as at the bglhmnhg of the time IIaIa. deq,t tar nedibnabie , -med few. lemant dial mWy La ndi ed of any mpohs or Ere mead far m ralrs wUMn Nee imoved ` Con of hap" l l Taaat Is tppagNrk tar Acqg ties a fwrtmelM, dtb7vnry. IxtNO. "gratmale dew and meal eteel dies, hockWing the nemowd of dear and ke, med fa cotapNuuce h ow hapenty laded whkfi me heneiry wade a port of this lease. ruluee to Java In harmony wt16 necighlsas ti oot7erdmam wph Ow otlad ed n 0m; and regulations d flee hoperiy It MtdNk*k a ` crease rue eviction. 7be Tenant mW ga the tMW&M 's pr(rtr wdtlen c=.ft. to viler, hnfxrove, palm ar eweNpq W the Apartment. Aluodams, additknt and bgxuv mmb bedoane dw Iaadleue)'d pmlacrty to Nee evpld got The lean at hrpaRs aX ae:t popes; or any Other wol or ceding dttmm. IkKN fy weN m caned padding or catpet'IUckft in dpmtmette Tanxtl ounce to remove such Neon aI lertemt's awn can( need etclnslde 01 nee etyrlrelTean of deb lame Iron or any renewed Iharaarter. in the eve"i fandiond Is terpgred to Fe Nov, the Nears, the cop of snare dxuN be decladal heat Teramd's maseNy deposit. Is. RENEWAL. The Landlord any offer the Temend a new lease 10 ink e.Nkc1 at the red d Ilds JIa!asa. Tits new lease may ladtde tewoadtde choreges. Tin Tenet will be noiNled of any profaned Itaw lease et least Uvirly days Wore the cod of Use present [.ease. If no changes are taade, die lenced moy cordkate to rent Nee Almarmel an a trrewtit to mouth pasts (wpb the rest of the Lease reenatnhtg Nye saute)- to ellher ace the Tenaul Pam "Wily Nee i amdlord of Nte Tenant's deddon to"or to have nt lease Witty dnp before the end of Ike ferny otherwise fire T'eaent will be reeftoostiple tender dw I.... of lire new lease. 16. MOVE-WT. 7etmmt egrets not In vacate the dv MvV or 'now *hWhat Itereedssitnt of the Landlord. Tenant also agrea.ihad any ttnssasia is renainkty In the dwelling after a metve-out ere edweral seed by lea met. mid Tenant agrees to pay the cost of removal and dbposal of Neese posses- Skuls. I Tawawt agrees to moats die dw t at the end of On Iona. boring pMm"y deem and in goai order. Temannt aytses to Idly hupted 09 drrdill Mph prism bona rnama?red staff, 1 hrpc+aling Una exblbq aadNka m, dyn and dote rktpllaale lawn. If Throat Is abaW ham gee IaMnbFe 1 Illm malice, in emt a of serer (7) days w?InNr teal M daNaquatrl. tap mik-r>M be aowldeed nhaldnneet and Ike owner anal Ile eoldW b haaiediale passadon of On dwdhft udL The Ti<armt WIN umrpfy the 01111101111 Mupbg Of any mdkl- paled doe= In wwm of nwe (7) doys.11o klkr lion On NW day of the sheen e. 17 tlQtr OF EsfflllG Lautdiord owd peri0te aulharleed b1' Lrladi0fd anal here the dyh( to i enkr the I?eored ltedtber eft d semodaWe Ibnes b IAi+ai, perfwan ? da repairs mW dww the prewlses to laaspscdre krew" and pwchdoem v e aWMET CLMM It Is Mee mpo11sbl Ky of the linrmM b QW;M W% Of A wdkhp Drew In le"lines apart UTIUTML ChOgw Ow mUUUw odd s0rdaes salappad is the Laared lrshot be p0kb w the haadkod will pay for dw IoIn It uN NIm (x) add water () root rata () ehck"y ( ) heal O eir amdMuubg I-) I>w i i con woo p°' wr the (10 hot wd" (Z) beat I eledridly . (7p air c011dpbrd11g ( ) ?a IwwAwd anal base dw rlgM to Iea11 R- ON) depend aq aNMy OF other snrvks to the Lard Pnkba In a1dw to do -l -me mW repot or pmle?l the 1"Wetp or Landbsd or Tenant /mm rile d bwm w km 20. B84EDML If Tauw?t talk b per leaf or mW alter drmges Mbed do% at If Tema d rloi0les any olio btdnra dalldllfam rd w or faydkMlyde b d* 11-IdW d tmm LswMmd mq babe action d On tl ar twlboe to agahnl Tmmrt. Id such a cm% Lmddlkd does ant hare to glra any uodm of gall to lbowt bake k*hv adk& In loan a am laadkrd any lane auslr w Ia d of On aAlorat of I?gw+lrg a) TerMdale fhb bille11tlal Levee w ithatt pda IwUce. b) Sae Thant b coast b ml 0rer pONmba elWe LtaW Ihednfses wphmd g"Is Tacwwtnt Pdw Nnike b Qdl are Leased I Nmtb- b Sue Tewe11t to ramm the Mlafe baler cm of On ford and dmgw awed kw be ne11nsblllag laese lerrrr, ' d) Sue Taaat for d dmnayms bd11tN* ramrand& oltonlry's im, fcsdbg Im", IIOM 'r riddim of any Itemm. cd11dlHa11r, rules or regubdum In Ilds p-idealtul LeWL lAmdlwd may seek are or anon Uma eew searsdy cmdabod In this 11-kiadbl Lpae lAmHod'r kiltbig of ow adlen mgdhnut Too" doll not piteva LmWM11d from taking odar and .naklRiand aclkxn against fauarat is j Tenant up to pay a fee In an anrNwt agdd to owe month's recd to cmw casts of mfwbbbhg and serdlng On mpmtumd tf We Tkm* mares oat before the and of On hdllld penal tot 111k pedal Agfeeanead, land1w&r falkme to enfum aq font, cendkio11, Me or rVilallon load nut prerenl 1. "dlord from edmdng the lefm, w"tlaa, rule MW Mquiolboa at a Idler Op*. • Et. NOTICE Ot TEmiNATtON. Term t mm giro tmwiwd thhty (3o) days Mrillcar nice hr vowle said pienrbee with nallm behg glym mi or before the last day of One pmvnNng nwitdh. 2L ATTOIWM PEES AND COSTS. If Lnrdtord sing calo a the ln'wlslow of illk Residential Leuse In any eaaat against On Tama% Lmdkmd d" be entitled as pat of way caul judgemed to be rrhnlxnxd W all Costs and experdes of enfarcea;rnl Imduding reasonable allomay's fees. 23. GOVERNMENTAL POWER of ENUVENT DOYATPI. Eu Uma dotwtdn b the rigid of a govotn- 111.cq tamed ?(o dw rbp? 1'ablic tuc I,* Qo?qsgptfon pry ye pc, 1 f aM or anl, pul I of d`"1k1Nt, Ud law sbaq kn-4tole b Ibota wltlob Rte Leered P?e"tbrcs b l?pn b laben bf' embtc?N o" disken by To km for wk.as s b robes. Lmdbtd shag -W be We Io 7eaant far "?'kh the ? Prfor &M O(Ume of 6 all or MY POdI t Of the Le"W Pnmdm : ft ptc bugdhv With. Ili JuMed) or becoming Mb Reddenlbl Lease bat been knnhudW. 24. NOIXM AN Rokw Provided by U* Leine toad be wrkkn and ddkwtd colif l nrtdl mwu reoollK requalcmL Noffm b the la"Awd my be nm to Ike V trsor by . 23. WELT VI* Ilesi Odd taatn kq* blade use T ?%`Iw4 pereo"d ? MOMOM end -Igoe leeturc dwN nol hm ? °nd uxk he"'? Ible TTesblenNol Lea" or s?t I The L=wW h"Wis s wllho"t The pdw w rkkn come* of idedW 26. AOVITMMAL TER&4% CotaMloM R1oM AMERM Ibb Lease f auft aN Than mum"01 fn", amdlllOW rblers and esueodmeab laModed belm The krntt estd MkUIIWW bduded In the dIkW ed Mdus mW Annodatmttr we Mxl of Ihb g@ddcWW LML lies --- No - Chod4n and Check-ma rmcedates Ta -- No vel -- No . RIC14 klubticiew Yes-No Olhw. 1f-9, pp&C farm 1'Es -- No ? per, 1 ENAMT SIKK" NOT SIGN TINS REMO 11AL LILW IW TB. THE TENANT Ib13 READ AND UMXUW46S THE WrORWATWN *JCLUDp) IN IIN:11oogAlt Nona Art IED TO 1115 kMXN I IAL LEASE lids Nm k" W Lea" dtdod t6lt xL_ day et_ctetir .1998 Lortdlotd. S l ¦ ti IMPORTANT NOTICE T HIS PAGEEXM.AINS IMPORTANT INFORMATION ABOUT YOUR RICdTTS AND DUTIES A$ A TEN- ANT. SPIXIF1C QUESTIONS A1tM Y+QUR LEGAL 11KNITS AND DUTIES SHOULD NE RuERREU T() AN ATTORNEIL DO NOT SIGN TATS RESIDIMIAL LEASE UNLI33 YOU HAVE REAU AND L71My UNUERSTANU THE INFORMATM ON TINS ML As lomm. Im •k11a1e the -start and eondltivas ed thls Uertdewttai lease K yvm 1) fall 10u'She Umely R. 11. of teat or other changes to the LOWIond. Or, 2) Vaoak dw Leased hradow wkbmd the l aadlwd's coeval prier to the end of the !arse krm. or, 3) Far to Maaole On leased h unhes of dw end of the lame loft or. 4) Rd 110 perform any of ON 44490160145 Mduded Mo the lease, ndes and rordollo s. On riders or mKwh nmtL or. S) V 01W R96 Or ReSWGU6rv which are made a pat of We juMeM1.1 Lease. llsrarraph go hKhm s a troher of -Hmkv b Qdr- 1Nhm 'NOD" b is N you golale tl1e RsddaNlal wnkvtL the Laadfood hoethe 6mssdlaN C,,d seeklap 1101 elder eelclhp you Avw U1e Leased Praobes. The Loodirod DOES NOThave flSk to IMb1g as oltlerl d Court sed:lUg goer edatloa 110dm7W lace rloioled year WW lions as a 7enaal. I w+NdRy d Landlonrs dalm far e.klbn. s hM CM oppo1in11Ry In Cout In colNCSI If you *Wde "m lams 140 ="Mlgns of dw Reaida111od Lease, the Landloud has Ile r1g11 to seek li forowirg remedimeagaind ypa la Court: 1) A MUdganenl far 018'111 real. Pole charges eed py donvoom a-M d by yawn ?bkdlaa Of On louse k m and a maja m 2) An Onkr for Recooery of Pa=Wm thralgil an e.kUa1 aLtkm. 3) A bx%Plmd for unpuld real for dw ballmm of the km km at oadU ow,wr mm talons pamenim d He Loosed Pn"&w ass a new 161110.1. IF T HER!: IS WORE THAN ONE TENANT SIGNING TINS RtSIUEM IAL LEASE, T HE TENAN fS ARE )S11tl 1 ?r 1r LtABl.E I?OII f11E PERF?DRifANCE Or ?.1 F.NAN 1 t)r1U('.AI ICNJS. flits MUM THAT TIIE LANUUORU HAS I IIE NOI110 SUE AW ON TWAN f OR e1J. f it Ir.1 w: APJJ I!OR VIOLATIONS OF T HE LEASE Nf W1UM SUING ANY ONE 7 EVAN I FOR I TIE full. AMOUNT OF T HE RENT. ACKNOWUDGEMtHt. I. THE UNDERSIGNED TENANT(S). IIAVE READ ANU UNUERSUAWU I HE ABOVE 111XIDSURE. T ENAN I r I ENAN I i i i I rtr rROiagmcxv nit?lt . i.aadlm* aUNKn DsSOCTATHs laeepat(s): 87ai*p lrnri>,tfe . I p med 14emlbm 1102-D6 T"rdon Drivs ClAmp Hill, PA ' TenaNt(sr) shoo no meakddn or Pam* to bg maNeldeeed Npoa low Leered peasnbot w anp pwau" of Nee pe?olm y oLtnielde Ilse Lewd premba b M poet met aeeNnrsb og igft Wholsoem wNbaat the pdw awene in Wdit of flee Lwwwd. thft Cstober 1. 1998 ' TM? . RULES AN[s 1t M ATIONS-' tandioed: B =vg 1 ann ra ?l, S Tenant(s): Blaine M nano teased preMrbm i i n?-16 PvareSn.. Camp Hill, PA 1 he routes and llegulatimp irrdknted, P4 beio 'are part of the RwideNiol Ltvtse betty c- t.eirdiotd and 7enaat. A vlatalim it OW of the Rates and ReVIGiars IS a violation of the Lease and the p wty not in violation shill be a KMW to Ocetcise may ra sedieprovided In the Lease. _-X-_ N Infiled to be o alferrr°te heeling sowers such as bmbeene heroes and space im terbr Pur. ??• operaled witWo the Leveed Prem4a wWM* tow prior consent Wtitbv d V/S _ The we Of dwraool or tbnum"a 90 grtlb is Mot perndlled In the Leased PremMa or tar °M' bataorrP? lO? ar ether Mnaon am as Ilre property " which it. Leased ? k bwled. J.-3L__ Tensacohall not Piece or lobe ptuod orsbmW itpa Window a bohmakL and comfoun era s? not iarg mn*y or alber loe?ets ran the bakoM? wt? A No wl4daw deadnenk owrrlrrgR, drttperfes Oe wWWO t shad be Inskdkd Ivthe Leaped ihemba wkfwm the prior curen t in writing of xAmdkt& ?1C .__. _ oTd 'ad ? observe •quM haars""weenMoe haua of 1OAp'! o'dodc and -,pM No wakrbed drop be pensfled whMa On Lased I malses.T ? x T.anl sta0 IW imlaa dmft , picbre 1ecig, re in of the Leered ftni s WOMMI a w wagpaW • point or alkr In any tray the Prior t:serserrt In wdlblg of taadlosd. Tatmrt shad be rasporo k for and we m-` 0 wOft the Tom dmN a pfy °s dciectnrx any WO V Or-IW trn>ol devke is not fuxiienW. Tvarwl shah not of to be disabled, any Ibv warning d or dI`Kh0 a a18re magngaWW. 7C.. . ... Terrart "N trot 9n" the roof of the bMlldhrg waft which the I&wea pMWIMM M bc+alad and dxdl sot after arty area dooarl? dvsljnaled as being dosed to tenants and olirets. No radio or klembbn devto a sort as anknnox hak4ad upon the Leered Fems or in om cenwo n meu and mk*k d sl,pll he - j eM•atMd the Lased hoemMn•.. V Z Te offm Nad shall not P&I" the Prewins to be wroeoupted for longer than rive (g) cor>snc_ 'hays without Matlfyhtg the LaMdtad (or Landlord's designated agent. Tenant NW Mrakdahr the heat vmi t the Letrsed h"ninsolakniiM Sol degrees daring the wbdm perlad Irani Novendrer through ApNI lt°r ra less llrarr X. p ska ak bb verap dre Lmand * "Maned in the 00"M areas of the butkttrrg and Prejaint b totaled. IA Tensor dW pro"& °pprorrbk cm cartahrew for trash and ndA*h sail shop beep pOSed Prttrdmrs and the amaahm arras tree from after and ndrbMh. Tenant stall dep*d( aR trash and rrtbbhh from are Leased hwiSO Inca tine do-ig aced onrMnaM walk dkP"W canntahrera, T JMW arrant stall become kwa11br with and observe aU poskd security regttkltbra and aU at itre Rre acWO or evacdation mates and ab tore tints. Cbj"GM oanaeming y and t procedures Amid be dlrakd to I.atrrdtad (or I.amdbWWv designated raprtL sentallve) without delay. J That any Spam wlddr Mwy be Provided by the LwWk fd to aeanmmMW the Tenants In lire ab'Ing artci drybg of erg is furnisimd ytatuitaoraiy by the Landlord: The Tmamts Using the some tar any P NPM der s4 at thdr"with the egww sHpulatbn and agree. went that the Landloed slab not be IIable few any loss of property thereon' or for any damagr at k*" whatever. 7C .._._. It sfarem o rm ore provided by the landlord to omw a tWalc .ewarNa la lfr slatttgr tit trthim N b with f etgre?s anderAdr kv thot thr room is furnislyd gratullrntsly by the Loadbrd mW Owl 74lmtb using the i do so of Unit own risk. AddkkmW Rules and Amin atkm _. ?' ii??l',3?.U.??L- ?a??.fiLCS?ltTSt'at ag1+i _1 a ma .•.bld_._ pRrkt3d tm AM nreOgU_ 113 4 hi t a meat be n JjL3Mrki nq rondititm_ rith cnrr nt t nple ang inaveetiM „a,Ay_v eiaion vAli be stibiecte4 to itme iste er nC co mmOnIWEALTH OF PENNSYLVANIA COVNTY OF: CMW AM ' 4NDLORD AND " Pa we 09-1-02 ?1oa.Ca A • Gar•ke. 1902 STLn sr t'w R=l Ply Tonpow (7171 761-0583 17011 by TE NT COMPLAINT F16V casts s service Cosa s TCorhsbble Ed. PLR.C,P.().j, No. 208 sea IoM those COW min she p party. FCU t 1Ybcaq} f kx fr ApcxrtM Q r%k q0.0 W•C+?e ?.tt,?c,?c? 1Sf. LClawVWU pA 1-70(1 DHPl1gIWr VS. 1102- `kverdm. 4 A10 L"tii(I , Pfl t got J Dodw ft: Dab Fibd: h u t m uefmD/NYT: The above named pWroks) t? wM ? ?a you for RWr/b - (p `(0 SEC. DPST. /and for. Low a Q*a1ento ,property ? Nornsiden0d. ? Damages for tryury to the real property. to wit M Vie amount of: S Dwma br the w*W detengm of On real properly in dw amount of S - Rant rentm*V due and unp W on OV dab rn Ow amount of s ----?? And addldanaf rent romsoft due and urW an hearing dew s Auorney fees in In amount of s THE PLAINTIFF FURTHER AUMES THAT Total: S t. The baton and Ow addrow. It any. of he reef prapeq is: e z. The pink-W is the tandlgd of that property. C? W ( I 1'701 I He,based or ranted tfte Map" b you or b under when you ?.= . J. a Noboe w CpA was given in scoordoxv win taw. or 12No I I WO 12 WlU red trader the terms Of dW base. 5. ? The Urm for whlrh Ow property was based or ranted b fully ended. or U A WW&n has rs salted by reason of a breach of the candlions ofthe lease. b wit: i; Mar d andtdue Drs. upon demand. rerrtarwd trnsattafled, 6. You f6ttsh Ore feel plroperty and refuse b give up Bs pos?ion, 1. _ [ ? UA G. L.exw "Wily OW Ow facts set bm in his compim are aoe and aorrea a the boat of my bUdom and belt TNs statement fe mods a+blea a the verwfaes of Secdon 4904 of ttte Crhnes coda 18 PA. C. Cot 4904) fo wlhonaea. • rnrrwN•efiNar snsw+ww+yau?yawrw ?•Marwy Itie?,we•G?alapa?rrr+ar -ra•-a •arooro lorea?ilfMw? w.w+weesarw?+?yrr? plrweT?aa?ta a+p¦at eir+0ut (a?Nnr he"pM"asw•wrarrneVgewrgV"I Na"a"Mawra"*-a•rstar{wfwwgr x.w •R?rM?Jw?.lrrMrr??M•r1YIMM?. ?lrrra'Iq MrM M you an db"T a ryepy?y +eeoa an a grin aeom to the MeaMbrW OMtrtet Pourt aaa ra sanreta. t FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6333 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on November 10, 2010,1 served a copy of the within Complaint, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Douglas R Roeder, Esquire The Dickinson School of Law Elder Law and Consumer Protection Clinic 45 North Pitt Street Carlisle, PA 17013 RICHARD S. FRIEDMAN, P.C. Kicl#d S. Friedman, Esquire 309N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 r FAIRMOUNT PARK APARTMENTS, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-6333 Civil Term ? ELAINE MARIANO CIVIL ACTION -LAW -? W ? -Y p - 1102 Yverdon Drive, Apt. A6 ; M , i Camp Hill, PA 17011 4 Defendant <d ? -n ? C) ,. _ oc-, ; ?C STIPULATION -< It is hereby stipulated by and between Richard S. Friedman, Esquire of Richard S. Friedman, P.C., counsel for Plaintiff, Fairmount Park Apartments, and Douglas K Roeder, Esquire, counsel for Elaine M. Mariano, Defendant in the above-captioned matter, as follows: 1. Defendant agrees to stipulate to judgment in ejectment from premises situate Apartment A6,1102 Yverdon Drive, Camp Hill, Pennsylvania 17011 owned by Plaintiff on or before April 1, 2011 at 5:00 P.M. 2. Defendant agrees that any personal property not removed from subject premises prior to 5:00 P.M on April 1, 2011 will be considered abandoned and may be disposed of by Plaintiff. 3. In the event Defendant fully complies with the ejectment and removes herself from subject premises by 5:00 P.M. on April 1, 2011, Plaintiff will waive any further rights against Defendant for breach of lease and attorney's fees associated with this action. However, in the event Defendant fails to vacate subject premises by 5:00 P.M. on April 1, 2011, Plaintiff will retain all rights at law or in equity against Defendant. 4. Defendant agrees to instruct Prothonotary to release the funds previously deposited. 5. In the event the Defendant is in full compliance with the terms of the Stipulation, Plaintiff agrees that it will not make any reporting to any credit reporting agency against Defendant, and in the event of any requests from an outside third party regarding the terns and conditions of the termination of the lease, Plaintiff will make no adverse comments about Defendant and will advise any inquirer that the parties mutually agreed to terminate the lease, and that Defendant's rent was fiilly paid in a timely fashion. 6. In the event Defendant fully complies with the terms and conditions of this Stipulation, Plaintiff agrees that it will cause any judgment entered by the District Justice to be marked satisfied. However, in the event of Defendant failing to comply with the terms of this Stipulation, Plaintiff will have no obligation to satisfy the judgment at the District Justice and may further proceed under the terms and conditions of this Stipulation, including the right to proceed against Defendant for unpaid rent, damages to the apartment, if any, and reasonable legal fees and costs. 7. Defendant agrees to give Plaintiff three (3) days verbal or written notice through counsel of the exact date and time she intends to vacate the premises in order to provide Plaintiff sufficient time to make plans to prepare the building in which the apartment is situated for the removal of Defendant's personal property and, likewise, to clean and exterminate said premises. 8. Plaintiff agrees Defendant will not beheld liable for any costs or fees associated with any cleaning or extermination of the apartment which has already occurred or which occurs before or after Defendant vacates the apartment. Nor will Defendant be responsible for completing any extermination or performing or having performed any cleaning of the apartment, including but not limited to cleaning of the carpets, walls, fixtures, or appliances within the apartment. 9. This stipulation is not in any way an admission by Defendant to any claims made by Plaintiff within the Complaint. Defendant does not admit to the existence of bed bugs or other vermin, or any unsafe or unsanitary conditions within the apartment. Nor does Defendant admit to any violation of the lease agreement held between the parties. 10. Subject to compliance, this Stipulation constitutes a full and binding release between the parties for any claim the parties might otherwise have by virtue of the lease agreement entered into between the parties. Richard S. Fri Z Esquire Richard S. Fri P C Elaine M. Mariano, Defendant . . 300 N. 2°d St., Suite 402 Dated: Harrisburg, PA 17010 (717)234-3441 Dom' t 21-?-- Douglas R. Roeder, Esq. Attorney for Defendant PSU Dickinson School of Law Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Dated: -- -- ] t 'I,. 1 FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO 1102 Yverdon Drive, Apt. A6 Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6333 Civil Term CIVIL, ACTION - LAW ORDER that: AND NOW, this day of January 2011, it is hereby ORDERED and DECREED A. A Judgment in Ejectment is entered for plaintiff Defendant shall vacate premises situate Apartment A6, 1102 Yverdon Drive, Camp Hill, Pennsylvania 17011 on or before April 1, 2011 by 5:00 P.M. B. Any personal property not removed from subject premises prior to 5:00 P.M. on April 1, 2011 shall be considered abandoned and shall be disposed of by Plaintiff. C. Subject to Defendant fully complying with the ejectment and removing herself from subject premises by 5:00 P.M. on April 1, 2011, Plaintiff shall waive any further rights against Defendant for breach of lease and attorney's fees associated with this action. However, in the event Defendant fails to vacate subject premises by 5:00 P.M. on April 1, 2011, Plaintiff shall retain all rights at law or in equity against Defendant. D. Defendant shall cause the Prothonotary to release all monies being held in escrow to Richard S. Friedman, Esquire, counsel for Plaintiff. E. Subject to Defendant being in full compliance with the terms of the stipulation, plaintiff shall not make any reporting to any credit reporting agency against Defendant, and in the event , of any requests from an outside party regarding the terms and conditions of the termination of the lease, Plaintiff shall make no adverse comments about Defendant and shall advise any inquirer that the parties mutually agreed to terminate the lease, and that Defendant's rent was fully paid in a timely fashion. F. Subject to Defendant fully complying with the terms and conditions of the Stipulation, . Plaintiff shall cause judgment entered by the District Justice to be marked satisfied. However, in the event of Defendant failing to comply with the terms of the Stipulation, Plaintiff shall have no obligation to satisfy the judgment at the District Justice and may further proceed under the terms and conditions of the Stipulation, including the right to proceed against Defendant for unpaid rent, damages to the apartment, if any, and reasonable legal fees and costs. G. This stipulation is not in any way an admission by Defendant to any claims made by Plaintiff within the Complaint, or otherwise. Defendant does not admit to the existence of bed bugs or other vermin, or any unsafe or unsanitary conditions within the apartment. Nor does Defendant admit to any violation of the lease agreement held between the parties. H. Subject to compliance, this Stipulation constitutes a full and binding release between the parties for any claim the parties might otherwise have by virtue of the lease agreement entered into between the parties. BY THE COURT: J. Distribution: Richard S. Friedman, Esquire, 300 N. 2id St., Suite 402, Harrisburg, PA 17101 (717) 234-3441 Douglas R. Roeder, Esquire, Elder Law and Consumer Protection Clinic, The Dickinson School of Law, The Pennsylvania State University, 45 N. Pitt St., Carlisle, PA 17013, (717)240-5152 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the ? of sold at Carlisle, Pa. This ft. of . 201L__ (?,?, prothonotary FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6333 Civil Term : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on April 5, 2011, I served a copy of the within Emergency Petition For Special Relief, by fax transmission to (717) 241-3596 and by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Douglas R. Roeder, Esquire The Dickinson School of Law Elder Law and Consumer Protection Clinic 45 North Pitt Street Carlisle, PA 17013 RICHARD S. FRIEDMAN, P.C. chard S. )ried'?an, Esquire 00 N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 f t ? L . FAIRMOUNT PARK APARTMENTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-6333 Civil Term 3 -OW ELAINE MARIANO, CIVIL ACTION - LAW i 2W =-n Defendant nr-- i mom, ?D c,, ORDER x? ?rn ;:0 AND NOW, this day of April, 2011, it is hereby ORDERED and DECREED that the Sheriff of Cumberland County is directed to immediately eject Elaine Mariano from premises situate 1102 Yverdon Drive, Apt. A6, Camp Hill, Pennsylvania. Dated: 0 if DISTRIBUTION: d N10), I it Cumberland County Sheriff ?p n '???'1 OK$ ? Richard S. Friedman, Esquire, 300 N. 2nd St., Suite 402, Harrisburg, PA 17101, (717) 234-3441 Douglas R. Roeder, Esquire, Elder Law Clinic, The Dickinson School of Law, The Pennsylvania State University, 45 N. Pitt St., Carlisle, PA 17013, (717) 240-5152 z1_ BY THE COURT: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OFf E )r T-E { A.I-- FILED-OFFICE OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 APR -8 AM 9: 15 CUMBERLAND COUNTY PENNSYLVANIA Fairmount Park Apartments vs. Elaine Mariano Case Number 2010-6333 SHERIFF'S RETURN OF SERVICE 04/07/2011 03:30 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2011 at 1530 hours, he served a true copy of the within Order of Court and Emergency Petition for Special Relief, in the above entitled action, upon the within named defendant, to wit: Elaine Mariano, by making known unto Elaine Mariano, at 1102 Yverdon Drive, Apt. A6, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.44 April 07, 2011 ! ? -, ? --z /? -- TIM K, DEPUTY SO ANSWERS, R_0NI`sW R ANDERSON, SHERIFF r. Gaunty8uike Sher-M. Teleo.=.o`t, Inc. CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 04/12/2011 Case No. Defendant Descriptions 10-06333 FAIRMOUNT PARK APARTMENTS RENT Check Amount: * 2045 * Amt Released Receipt 4480.00 257831 =M -a = ;?o -ta ?> --4 c:) :.y 4480.00 INFOCON CORPORATION[L1558HBI 3385603 David D. Buell ORRSTOWN BANK SHIPPENSBURG. PA CUMBERLAND COUNTY PROTHONOTARY7 OFFICE 60-15031313 GENERAL FUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE. PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT t 04/12/2011 2045 $41480.00 t i Four Thousand Four Hundred Eighty And 00/100 Dollars TO THE ORDER OF FRIEDMAN-RICHARD S 300 N. _ 2ND STREET SUITE 402 10-6333 C. HARRISBURG, PA 17101 -'AUTHOR DSIGNATURE - 11100 20 4 511' 1:0 3 L 3 L 50 361: 108 L L L L 7 1111 RECEIPT FOR TRANSFER -------------------- -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 FAIRMOUNT PARK APARTMENTS 1001 RUPLEY RD APT/STE 111 CAMP HILL, PA 17011 Case Number 2010-06333 Remarks RELEASE RENT PER ORDER OF COURT DATED 04-04-2011 Receipt Date 04/12/2011 Receipt Time 15:07:28 Receipt No. 257831 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj RENT PROTHONOTARY ESCROW 4,480.00- RENT FRIEDMAN RICHARD S 4,480.00 15083404122011 Cumberland County Prothonotary's Office PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check N - Rel Date Desc No No Amount Date Check No Page: 1 Check Amount Payee ame FRIEDMAN RICHARD S RENT 4/12/2011 TRNS ESC IN 257831 10-06333 4,480.00 04/12/2011 2045 4,480.00 ** Total Amount Released 4,480.00 -----------------------------------End of Listing --------------------------------------------------------------------- (/ FAIRMOUNT PARK APARTMENTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIot V. NO. 10-6333 Civil Ter m ELAINE MARIANO, CIVIL ACTION - LAW Nr o° Defendant GQ pp c1 ss = C)-+n xF =G ?' © orn ORDER w rs AND NOW, upon Petition by Plaintiff, and the concurrence of Defendant's attorney, it is hereby ORDERED that the Prothonotary release the escrowed rental payments, payable to Richard S. Friedman, P.C., as attorneys for Fairmount Park Apartments, and that said payment be forwarded to Plaintiff's attorney, Richard S. Friedman, Esquire. Dated: 4 11 DISTRIBUTION: BY THE COURT: Cumberland County Prothonotary IRn5 and S. Friedman, Esquire, 300 N. 2"d St., Suite 402, Harrisburg, PA 17101, (717) 234-3441 `l' eheCl? Xuglas R. Roeder, Esquire, Elder Law Clinic, The Dickinson School of Law, The Pennsylvania State University, 45 N. Pitt St., Carlisle, PA 17013, (717) 240-5152 11 v FAIRMOUNT PARK APARTMENTS, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-6333 Civil Term ELAINE MARIANO CIVIL ACTION - LAW C/O Mr. and Mrs. John Sebastian 3011 Chestnut St. -?, = --+ Camp Hill, PA 17011 :z r i Defendan t c - - ORDER OF COURT `' 1I? N 1 ?y IL A D NOW, this day of IN , 2011, upon considerati on of D ouglas R. Roeder, Esquire, of the Elder Protection Clinic's Motion to withdraw as Counsel for Defendant Elaine Mariano, a rule is hereby issued upon Plaintiff, Fairmount Park Apartments and upon Defendant Elaine Mariano, to show cause as to why the relief requested should not be granted. Failure to file a timely response to the rule will allow Douglas R. Roeder, Esquire to withdraw by Praecipe without further Order of Court. RULE RETURNABLE within'X0 days of service Yy k-U- BY THE COURT '??hAd W. Zimmerman elder Proim+ion'lint r ?P ri( Richards. ?r?edmo?n 003 ?66 ne WoLriano rf - ,t - BY: Douglas R. Roeder, Esquire ELDER PROTECTION CLINIC Attorney I.D. No. 80016 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Attorney for Defendant FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO C/O Mr. and Mrs. John Sebastian 3011 Chestnut St. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6333 Civil Term CIVIL ACTION - LAW Cl) C -013 tn,? ?r xo A? z 0 c x ra -a z w cn cn MOTION TO MAKE RULE ABSOLUTE FOR WITHDRAWAL FROM REPRESENTATION NOW COMES, Douglas R. Roeder, Esquire, and The Elder Protection Clinic at Penn State Dickinson School of law, Counsel for Defendant, Elaine Mariano, and sets forth as follows in support of Counsel's Motion to Make Rule Absolute in the above captioned matter: 1. Undersigned Counsel was retained by Defendant, Elaine Mariano, to represent Defendant, in a landlord tenant dispute, with Plaintiff's, Fairmount Park Apartments. 2. A Rule to Show Cause was issued by this Honorable Court on June 7, 2011 to the Plaintiffs and to the Defendant, as to why the relief of withdrawal from the case should not be granted to the Undersigned Counsel, with a response time of 20 days. 3. Neither party has filed an objection or otherwise responded to the Undersigned Counsel's motion to withdraw representation in the above captioned matter within the 20 day -*t S r*'lr =o C, 0 x° cD rn period. Of .. If - WHEREFORE, Undersigned Counsel respectfully requests that this Honorable Court Date: -I I' ).t/'/ Douglas R. Roeder, Esquire Supreme Court ID# 80016 Elder Protection Clinic Penn State - Dickinson School of Law 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Chad W. Zimmermann Certified Legal Intern Supreme Court ID# 745 INT 2010 Elder Protection Clinic Penn State - Dickinson School of Law 45 North Pitt Street hereby order that the Undersigned Counsel has withdrawn representation from the above captioned matter. Carlisle, PA 17013 (717) 240-5152 0 FAIRMOUNT PARK APARTMENTS, Plaintiff V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6333 Civil Term ELAINE MARIANO CIVIL ACTION - LAW C/O Mr. and Mrs. John Sebastian 3011 Chestnut St. : Camp Hill, PA 17011 : Defendant CERTIFICATE OF SERVICE I, Chad W. Zimmermann, Certified Legal Intern, hereby certify that this day I have served the foregoing document by depositing the same in the United States Mail, First Class, postage prepaid addressed to: Richard S. Friedman, Esq. Richard S. Friedman, P.C. 300 N. 2°d Street, Suite 402 Harrisburg, PA 17010 Elaine M. Mariano C/O Mr. and Mrs. John Sebastian 3011 Chestnut St. Camp Hill, PA 17011 Dated: 2 (? Uad W. Certified 1 SupremeW'ourt ID4 745 INT 2010 Elder Protection Clinic Penn State - Dickinson School of Law 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 FAIRMOUNT PARK APARTMENTS, Plaintiff V. ELAINE MARIANO C/O Mr. and Mrs. John Sebastian 3011 Chestnut St. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6333 Civil Term CIVIL ACTION - LAW ORDER OF COURT A AND NOW, this V day of SOIrt Cr , 2011, upon consideration of Douglas R. Roeder, Esquire, of the Elder Protection Clinic's Motion Make Rule Absolute, IT IS HEREBY ORDERED that Douglas R. Roeder, Esq., is withdrawn from the representation of the Defendant, Elaine Marino, in the above captioned matter, effective immediately. BY THE COURT J lA ?h P 11'1.R i ?n?? ?'l?ad l? Zinawr ?rrnq ? n !' r n CO c cnr' ?? r CD C3 ' o d '? z CD X r? -r r.rt ? 'we cDaviarD. Buell" Prothonotary Office of the Prothonotary Cum6erfand County, Pennsylvania r&S. Sohonage, ESQ Solicitor %0.133 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 PROTHONOTARY One Courthouse Square 0 Suite100 ® Carfisfe, PA 0 Phone 717 240-6195 0 Fax 717 240-6573