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HomeMy WebLinkAbout10-7363Q~ Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff STEPHEN G. KREIS, Plaintiff v. CASSANDRA R. BYER, Defendant eF rr~E P~°or°MO ~o~~, ~~ zero ~~v 29 art r~: 3s CUMBERLAND ~D~NTY PENNSYLVAP~iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010- 7 3 ~ ~ CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIl~TG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH IlVFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~1.Oo ~d ~c~y ~Lf~ 13a G Fr l~~t ~ ,5'"I (~ G 0 F:\FILES\ClieMS\14075 Kreis\14075.1\I4075.1.com Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff STEPHEN G. KRFIS, Plaintiff v. CASSANDRA R. BYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010- 7 3 X03 CIVIL TERM COMPLAINT Plaintiff, Stephen G. Kreis, is an adult individual residing at 47 North East Street, Carlisle, Pennsylvania 17013. 2. Defendant, Cassandra R. Byer, is an adult individual with a last known address of 47 North East Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania, 17013. 3 . On or about May 20, 2010, Plaintiffl s predecessor-in-title and Defendant entered into a written residential lease agreement ("Residential Lease") whereby Defendant agreed to rent the premises at 47 North East Street, Apartment 1, Carlisle, Cumberland County, Pensylvania17013 ("Premises") from May 20, 2010 through May 31, 2011. A true and correct copy of the Residential Lease is attached hereto as Exhibit "A" 4. The Residential Lease was entered into between NLD Property Management, LLP, and Cassandra R. Byer. 5. NLD Property Management, LLP, is the agent ofPlaintifflspredecessor-in-title whose interest was assigned to Plaintiff. 6. Defendant is in breach of the Residential Lease by, among other things, vacating the Premises, damaging the premises and failing to pay rent for the balance of the term of the Residential Lease. 7. Defendant vacated the Premises on September 1 1, 2010, and failed to pay rent for the months of August 1, 2010, through May 31, 2011, totaling $6,250.00. 8. After an inspection of the Premises, Plaintiff determined that Defendant caused damages in the amount of $647.72. 9. Plaintiff has offset the total damages by appling the security deposit to the balance owed. 10. Under the Residential Lease, Plaintiff is entitled to reasonable attorney fees of $750.00, costs of suit, and inteerest. 11. Defendant has breached the Residential Lease for the reasons stated above. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $6,272.71, plus costs of suit, interest, late fees, any damages discovered hereafter, and attorney fees in the amount of $750.00. MARTSON LAW OFFICES By: S' ~- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~~ ~ 2 ~_ ~ p Attorneys for Plaintiff This is a debt collecting firm for Stephen G. Kreis. Any information obtained will be used for that purpose. EXffiBIT "A" 01/04/2008 05:57 7172450494 OAKTREE PAGE 02/22 . ~, STARLING PROPERTY MA~1/#~~ME~tT, 11~lC. 337 Lincoln Street Carlfsie, P,A 17013 (71'~Z58-5800 . s a. et RESIDENTIAL LASE AGItEEM,~NT TTY's ~~: May 20, 2010, 2010 Landlord: IVL13 Props~rty Msnage~,~t, Z,I,p ~~ •• ~(~, /~ Tenant(s): Cassandra it. Byer Property or Premises: 47 North East Street, Apartment #1, Carlislo, PA 170I3 This leas, is a legal bindatng doeumeus: Both the lairdlord sad ~ . followdng the tentts ~psUed owt lie this lease I ou do not tr~tddata~ds) ~B /~blt for lease, plus consr~t ale attorney's opbtlo~r b~ re s,~gietag It aa~t~g wr~itsa ~ this ,i°e-srayivaa~ia I.aw requrFies real as<nts brokers sad ins ~~~) ~ advise consumers of the brrsiieess rslatiorrships perahltte~d by the Rent Estate Tenant(s) arcknowledge rscslpt of said Consssrsaa~ Notice asz ~ g and ,i~egdtri~tau Act The Commission at 49 ,Pa Cods Subsscdon 35.366. P~ b3' ~e Starts Rsal Estate 1) LENGTH OF THE LEASE: This least is One (1) Year ~ Ieugth and will 20x0, and will end at s~idni begin on May 20, landlord must si a new a ~ on Macy 31, 2011. 'I'ds lease will net renew itself. The tenant(s) aatd 6R greement by the end of this lease b allow rise tenants to cos4~nue to live at the oabovc listed property; otherwise the tenant(s) must give a 60 day notice YN WRiTYNG that g tlu Property If the tenant(s) mmain(s) without signing a nt~vv lease, the resatsl ra~~orf ~e~ holdover period will be the actual rental rate pjug ~% namthly. All other eondifiions of the Iease will remain in effect, includi,ag the required 60 ~, notice to vacate. 2} t~NTS DUE: The amount of rent due in montlily installments is Siz Hnnaired Twenty Five and00/100 (S6Z5.0p) Dollars per month i'or a total of (12} month. 'T'he total tho lease is Seven Thon~ad Three ~andred amount ~ for the terxu of agree to pay the tnoatlily rent before s!he x'birty Three anal 241x00 (57,333.2 Dollars. Tenant(s) received after the filth (5th) day of the mo day of every nroath' If the total rent due from all tuts is will be added. This amount ~, a late fee charge often percea~t (10 %) of the snonihiy rent equals Sixty Two and SO/100 (S6Z.50)•bollars. If any PaYt by chuck is rettuned NSF (insu#ficie:xt fiords a with any late char )' fiYe (535.00) dollars return check charge will be added alo other fees due be paid with eerti~ed funds cheomOAeya order ar cashies''s check ~ rent alang ~ovith any *" Prorated aalount for May 20, 2010 to May 31, ZO10 is $ 241.92. All tenants are responsible for payment of the fhll amount of the rent. Ya addition, a natke demanding either payment of Late rent pins any outer {sass or movfng from the ate' the ~h (S'~ day for aon ~-ayment of the resat. A court prQ~e+ may be sent pay~lpent of ,rent naaaty be stazted osa or after the fffreeatlw Ig ~ S~emove tenant(s) for bora- ~ ( ~ K NOTE: If the late Initials: ~ J • Date: ~- . 1 01/04/2008 05:57 7172450494 OAKTREE PAGE 03/22 rent, late rent charge, and any funds associated with a check retgrned for lnsulYlclent funds are paid on or before the foartcenth (]4th) day af'~r the rent is date, the 1{.andiord well not take court action to remove the tenant(s) because of this NSF (insnfflclent funds) check 3} SECURfT`Y DEPOSIT: Tenant(s) agree to pay the landlord a security deposit of Siix Hgndred Twenty Five and 00/100 ($62s_OO) Dollars, (Chock # or money order) to be held in an escrow account at PNC Bank (Account # 5112043913). Asiy interest earned above one (I%) per~tage shall be paid to tenant(s) upon the connpletion of a W-9 Form (see attached). Tema, s also understand that the security deposit znay mot be used for rent or amy other money due to the landlord d including the last month's rent. The landlord will hold the deposit for the following reasons: • Payment for damages caused by the Tenant(s), Tenant(s) family, or the Tenant(s) visitors. • Carpets have been cleaned by ~ andlonl's contractor (see Rules eft Regulations item #14). • Paynnent of any other sum due to iandlorcl--late fees, court costs, and / or unpaid rent. Landlord well return the deposit vvithlQ thirty (30) days of the end of the lease menus any atnpstid fees only after the followtng occur (this means that the thirty day period does not begin until the following things occur): • Tenant(s) leave the property in the original condition in which they four:d it, allowing for reasonable wear and tear. If Tenant(s) leave the property in disrepair, the 30 day period will not begin until the Landlord has a reasonable time to make necessary repairs. Tenant(s) remove ell pctsonal property, Ter-ant(s) return all keys within ?A hours of vacating the prcmis~if not done, the locks will be replaced and the cost deducted from the deposit Tenant(s) give a forwarding street address including phone nwnber, ix wig, to the landlord before zraoving out of the premises. The security deposit return check will be made payable to the individual(s) providing the original security deposit and for which the Landlord has received su exooutcd W-9. Tenant may not use their security deposit as their last months reset If tenant ;fails behizad in their rental payments for a period of ;snore than 30 days, Tenant agrees that Landlord may seize their security deposit to bring their account to a more cun~cnt status and agrees to rcplexiish the security deposit immediately upon Landlords request. .Any portion of the security deposit which is refunded, shall be made payable to the Tenant(s) of Record, unless previously agreod upon, in writing, by both then Tenants attd Landlord. Tenant of record shall be the tenant who made the deposit and executed tbtc'W-9 fotxn. 4} NUMB>4~R OF TENAN')C(S): No more than , 1 ProPartY• These people are named as tenants on page no ~~ people will be allowed to live in the leased Exceptions (please list children): Brennan M. Byer and Brock C. Byer ~Y person not listed ort this rental agreement will cause the allowed residents m have to pay an additional one hundtnd ($100.00) dollars per person per month for each full or artial resident is staying at the premises, The payment of this fee does not allow extra tettant(~to be add to the lease. S) OCC[JPANCY AND POSSESSION: (a): Unavailability of Prerbtises: 'Tenant(s) agree that if tl~e property is not ready for thew to occupy because a previous tenant has not moved out, did extensive damage or any other daxtu;,ae, the cease shys i7u effect area the landlord will not start charging rent until the premises is ready for Tenant(s) to move in. Tenant(s) will not hold the Landlord responsible for ally damages tenant may incur becawse Tenant(s) could not move in until after the Ioase was to begin, If tho premise is not ready to occupy /Y lriitials: ~~ Data ~ , ~~. 2 01/04/2008 05:57 7172450494 OAKTREE PAGE 04/22 within the first thirty (30) days of the lase, the lease, at the option of the Tenant(s), may become null and void. In this case, Tenant(s) will have all security deposits rciimded to them. (b): Failure to Take Possession: If the property is available and Tenants} do not take possession of the property withiq one (i) week by paying the #Iill amount of the rent owed for the first month, it is understood that the tenant(s) have canceled their right to move in and the landlord may keep alI monies paid by tenant(s) in advance. In this case, the ?erxan s must also t() pay rent for the days the premises stays empty. The Tenant(s) will also be responsible to pay for all reasonable advergsing costs and any reasonable leasing fees incut~rcd to re-lease the property (c): Inoproveraeats dn~ing Y.ease Term: Lf the Landlord is making irnprvvemsrnts to the property which does not make the property unlivable, tenant agrees to allow Landlord access to the property for these improvements and agree that there will be no reduction in the amount of the rent during this time. The improvemorats that the Landlord intends to miake include the following items: NONE The Landlord egrets that every effort will be made to ;Hake these improvements. Tlic Tenant(s) agree . and utidcrstand that the Landlord is under no obligation to make these unprovemeints unless they are specifically agreed to here. 6) TRANSFER OF LEASE (SUBLETT>1NG): Tenant(s) agree not to reassign this lease or sublet the residence. You will be breaking this agreement if you do so. If you would like to snbicasc or change the individuals on the lease, you must contact the Landlord, and sII decisions about changing the lease are up to the Landlord only. ~) ~s~ arln CARE ol~ P~orEizT~: (a) LANDLORD AGREfiS TO T~ FOLLOWING; Landlord wi11 keep the property and, common areas in reasonable condition as required by law. Landlord will also keep the property reasonably free of pest, rodents and insects. If continued service is needed to remove pests rodcn~ and insects because th,e Tenant does mot keep the properly in a reasonably clean condition, Tenant(s) agrees to pay for the cost to rpnove the pests, rodents and/or insects (b) TIrNANT(S) AGREE TO THE FOLLOWING: Tenant(s) can only use the property as their Pn~Y Place of residence for therm and/or their children. Tenant(s) may not use the prroperty as a p]aice of business without the written permission of the landlord. In addition, tenant(s) cannot use the property fora fraternity or sorority house without the writt~i oorurent of the landlord. Tenant(s) may not make any changes or additions to the premises without the wratteu permission of the Iandkmi (this incltrdes P~~& changing locks, etc.). Tenant(s) may not damage the physical siruct~ure or say appliance within fire property. Il-O NOT CrLEAN ~P'RIGERATUR ItREEZERS WY`I'H ICE PIC~,SI l If damages occur, Tenants} agree to pay for all damages to any area of flu residence or building rrutde ~, themselves, their family, their visitors, and anyone damaging the property. Tenant(s) a'l~ not to disturb other residents or neighbors of the property.. 8) APPLXANCES: Tenant(s) iuidcrstand that tb~e appliances arc the property of the Landlord, Tenant(s) agree that they era not permitted to remove any appliance from the property. If the , Tenaat(s) removes say appltarrce, they will be pra:ecated to the loll esteat of the law. The following appliances which are tb~e properly of the Landlord era presently in the property; ;'? Initials: Rate: ~'~' % 01/04/2008 05:57 7172450494 OAKTREE PAGE 05/22 * Water & 5ewcr are municipality run utilities and therefore, will remain in the Landlord's namo. Tenants will be billed for usago from Sterling Property Management, Irtc. and sba11 reimburse Landlord. *eaants agree to pay said bill upon receipt or no later than the la of the following month. If Tenants choose to contract with a satellite company, no satellites are permitted to be attached to the home. Tenants shall have the satellite placed on s pole and agree to have the dish and pole removed at the end of their Lease. Tenant(s) agae to pay all utility bills for which they are responsible VV~N DU'15. Landlord has no responsibility for providing any utilities that are to be paid by the Tenant(s). If the .Tenant(s) are zespons~le to provide the heat, the premises crust be kopt above fifty-five (SS) degrees to arroid damages to the premises. The Tenant(s), that fs responsible for the heat which rusa tom October Y3th to May 15th, MAY NOT turn It oQ for aAy reason dgrlrtg the wisher month: of this kale. The Landlord has the right to temporarily stop the service of electricity, water, or gas in the event of at:, accident or the need for a repair. Landlord will be respous~ble for the genes-al maintenance of alI plumbing, electrical, and heating systems and will make all repairs to these systems. If Tenant has a fiunace or heat pump wit}a a hot air Slier, Tenant is responsible to pay for arld replace ihrnace and/or heat Pump filter at least one time every ninety (90) days. If the repairs are necessary because of sa improper action by the Tenant(s), Tenant(s) will be charged for the repairs and/or rcplacenotent of the systa~,(s) the Tenant{s} have damaged Landlord has no liability for failure to supply heat, air conditioning, hot water, or other services or utilities when it is beyond his control or during the tiuae the services are being repaired. )Cf the Landlord pravldea and pays far heat, and windows or doors are found open daring the period when the heating system is turned on, the tenant(s) will be charged ~Y dollars (S5o.00) per occnrremce. If the Landlord must take care of tha maintena~aae (Lawn care or Snow removal} thAt is identified as the reaponsiblllty of the Tenant(s), Tenant(s) agree to pay the Landlord or the Landlord's mainteaamcc staff at ttre rata of 540.00 per hour for the work completed by Landlord for the Tenant(s). ~ tenant(s) do not make the landlord aware of leaks acid utility bills that are the landlord's resportslbility, artdusage is higher than norms! die to tenant(s) megltgence, the difference 1n the averse usage and the higher bill will be billed to the tenant(s). A O) R><GHT Oh' ENTRY: Landlord or anyone allowed by the landlord has the right to enter the property at reasonable dunes for the following reasons: Inspection of the properly, • .Making repairs or alterations, . Initials: _ ~ ~~. „~ Date: ~ ~ 9) Y,3"X'ILTrIES: Landlord and Tenant(s) aro responsible to pay the following utility bills and maintenance for the residence as marked with an "x" in the blank; 01/04/2008 05:57 7172450494 OAKTREE PACE 06/22 • Enforcing the Icase, • Showing the property to #i~twre tenants or buyers, or • Received that all policies and rules act forth is this lease are being followed. If yon call for service yr schedule sn appointmeAt with the:tt$ and do not allow for proper access to make these requested repair:: You will be charged for t$e service tail. 11) DAMAGE B'u' FIRE UR OTHER CASUAL'i<'Y: If the ~ operty is da~,g~ by fire ar other mishap, rise Landlord will repair the damages within a reason4able amount of time. Resrt will caatinue unless the damage makes the property unlivable. If the property is unlivable for no more than thinly (30) days, and reasonable living quarters are provided to the Teanarrt(s) by landlord or any charitable organization, their will be no change to the lease and the Tensor(s) will eoatiaue to pay rent as agrxd. If the property is unlivabla for more than thirty (30) days, Tenant(s) may move out attd end the Iease a$cr payment of all rent and other charges due up to the dale of surrender. If just a portion of the prnpertjr is unlivable, the Tenant(s) have rise right to continue the lease and pay a prorated amount agreed to by the landlord and tenant(s) of the monthly rent uaLil the property is. repaired. This amount must ba agreed to, inn writing, by the LandloiYl and the Tenant(s)- 12) LEAD PAINT DZSCLOS-URE: If the property was built before 1978, the ;Following is the Lead Hazards Disclosure Requirements: The Residontial Lcad-Based Paint Hazard Redaction Act says that any Landlord of property built before 1978 must give the Tenant(s3 an fiPA pamphlet titled Protect Xour h'amily from Lead in Xour Home. '~ Landlord also must tell the Tenants} and Broker for Landlord what the Landlord knows about Iead~ased paint and lead-based paint hazards that ara im or oa the property being mated. Landlord must tell the Tensor(s) how the Landlord ltaow that lead-based paint and lead-based p~ai~nt haaattds are on the propexty, where the lead-basedpaint audlead-based paint hazards are, and the condition of the painted surfaces. Any Landlord of apre-I978 stzuetore must also give the Twat any records and reports that the Landlord has or can get about leadbased paint hazards ~ ~ around the PmPR'tY ~n8 rented, the common areas, or other dwellings in multi-fa~miIy housing. The Act does sot apply to housing built in 1978 or later. Lead'NVarning Sbte~ent Hou~aing built before 1978 may contain lead-based paint. Lead #irom paint, paint clops, and dust can pose health hazards if not taken care of properly. Lead ~ is espeaally harmful ~to young children and pregnant women. Befom renting 1>re-1978 housing, Landlords must disclose the presence of know lead-based paust and lead~ased pmnt hazard8 in tote dwelling. Test(s) must also receive a federally approved pamphlet on lead poisoning prevention. A. Landlord initial one: ~Lan;dlord does not know of any lead-based paint or lead-based paint ~ property. OR (dangers) an tl~e Landlord kaovvs that titcrc is lead-based paint, or that Mere ale Iead-based paint ba~,ar~ds on the property. Landlord must explain what Landlord knows about the lead-based paint and , ~~u~ brow Landlord learned that it is there, where it is, sad the condition of painted walla, trim and otbttr surfaces. Landlord must give Tenant(s) any other information Landlord has about the lead-based paint and lead-based paint hazards. B. Landlord initial one; Landlord has no reports or records about lead-based paint oor lead-based paint hazards at the property: Olt . Landlord has given Tenant(s) all available records and reports about lead-based paint or lead based paint hazards at the property. List records and reports: C.~,Teaant(s) iatitial ail that are true: t Tenant(s) received the pampbtlet Pmrect Your Pamilp front Lead in Xour blaasa Tenant(s) :sad the information Landlord gave in par graph (A) and i($) above. Tenant(s) received all records and reports that Landlord listed ~ pph (B) above. D. Landlord and'I'enant(s) certify, by signing this Lease that the frttormation >~d is true to kbe beet of their knlpwiedge. Initials: ~ Date: ~ ~ ~~(~ 5 0,1/04/2008 05:57 7172450494 OAKTREE PAGE 07/22 13)LIEN SUBORDINATION: This lease is subject to any lien placed on any part of the property managed by the landlord. The Tenant(s) rights are subordinate to the Iien holder. 14) -SAYE OF THE P12OPERTX: If property is sold, on the date of settlement, Landlord will give Tenants} in writing: (a) The name, address, and phone number of the new landlord. (b) Where rent is to be paid. (c) Tenant(s) understand that Landlord will have no duties regarding this Lease after the property has been said. (d) Landlord agrees to require any new Landlord, as a condition of sale, to take on Landlord's duties under this Lease and to honor therm. 15) INSURANCE: Tenant(s) agree to provide their own renter's insuranec for protection against loss and liability. Tenant(s) also agree that the landlord is not liable for property dams or injury occurring in the residence or an here on the a) ~ I-ersonal held by the Landlord. The onl exec on to this ruleis when the anrsonal iri of covered by the policy ne i y p Pe Jmy is caused by a direct gl-gent act of the landlord. Renters Ins. Co. Policy Number l ~) PETS: No pets are allowed an the property even temporarily, unless marked with an "x" in the "yes" column at the end of this paragraph. Any tenant(s) found with a pet in their residence will be fused fifty (50) dollars per day per occurrence. Paying this fee does not allow the pet to be kept in the ses. 'T'here will be a pet addendum added to this lease for all permitted l Pet Addendum yes nu ~' 17) WAIVER OF NOTICE TO QUIT: Tenant(s) dgrce to waive the usual notice to t and a to surrender possession of the premises at the end of the Iease. Tenant(s) also specifically waive the right to a thirty {3Q) day notice of vacating the premises, and agree that an immediate notice is acceptable; if any action by the landlord to recover possession of the property is taken due to forfeit, non-payment of rcpt, or any other reason for default. 18) $REAICIN'G T>EIE PEASE (default): Tenant(s) have broken tlxe lease if they • bail to pay rent when it is due, or • Fail to pay the landlord any other. fee when it is due, or • Fail to keep all provisions or regulations spelled out in this lease (paragraph 1-23), or • Fail to follow the Rules and 12egulations listed after the lease agreement, or • Break any Iocal, state, oz federal law while residing at the property. 19) LA1V'DLOItD'S R1~MEC-IES: If Tenant(s) break the lease, the Landlord znay: • End the lease. Landlord will give Tenant(s) a twenty four (24) hour written notice of eviction before starting any legal action. • Remand payment in full of past due rent, plus any late fees, plus rent due t'or the rest of the lease or. until such time as the property is re-rented, plus damages, plus tYling fees, plus any other fee due to the Landlord. • Sue the Tenant(s) for any additional damages, costs, expenses, and attorney's fees. • Have the Courts take an owed to the IJandlord. y Property owned by the Tenant(s) and sell it to recover any ~p~d debts NOTE: The Landlord agrees to make reasonable efforts to reduce any damages by attempting to release the property. 20) JOINT AND 5EVERAY 1rIA$ILITX: Tenant(s) agree acid understand ti~at b si chi s lease agreement, ch and every tenant is equally and fully responsi ~le o fallow each anyd ~'n$ Initials; -~~w ~ very provision bate: ~ ~ 6 01/04/2008 05:57 7172450494 OAKTREE PAGE 08/22 and regulation in this lease, including the felt payment of the rent. Also, the Landlord may selectively and iwconsistently enforce any part of or the entire lease against any Tenant individually or against any combination of Tenants together. 21) NON-WAIVER OF ll'~MEDIES: Tenant(s) agree tbat if Landlord accepts rent or any other charges after they are due, or if Landlord does z~ot insist on strict enforcement o#'any other terms of this lease, this will not be considered a waiver of the right to enforce each term or condition of this lease strictly in the future. Landlord has the night to enforce or waive remedies iaconsistentIy without establishing future policy. 22) SMOKITIG: Smoking is permitted in apartments. However, Tenant(s) nnderebnd and agxes that a,~y damage caused or related to cigarette, Pipe, or cigar smoldmg, ar any tobacco product SIdALL NOT constftute aornlaI wear and tear. Tenant(s) are nspomsibk for an~r and alt dugages and/or wets for the cleaning or repairing of any damage cause by or related to tobacco prodods. This includes btit is not limited to deodorizing the apartm~gt, soalfng and pauating the walls and ceiling, and npairing or replacing the carpets and pads. 23) GENLRA-L: No oral /spoken pmuuises, representations, or agreements have been made by the landlord or any of the landlord's representatives. This lease is the entire agreement betwo~ the landlord and tenaz-i. Any representatives (including management, maintenance, or other,personnel) do not have the authority to make promises, representations, or agreements which impose duties unless done so in writing. 25) MII.ITAR'S~' CLAUSE: ~ the event the Tenant is, or hereafter becomes, a member of the United States Anaacd Forces om extended active duty and hereafter the Landlord receives pezmanem change of station orders to return to, or xenant receives permanent change of station orders to deipart frann, the area wlxtre the pxerniscs arc located, or if either party is relieved from active duty, or if the Tanaztt is assigned gov~mcnt quarters then in any of these events such party may terminate this lease upon giving at least 1(one) month's written notice to the other party which notice shall have attached a copy of oft'icial orders or a letter signed by the party's commander reflecting the change which warrants termination under this cla~e Initials) By initialing this clause, I hereby waive my rights to the above Military Clause. 117ave read and understand this tease agreement. Printed Nar»ies LANDLOItD(S)IA,UT'HOR~ZED SIGNATURE: J. Initials: ~ ~ ,~ Date: 01/04/2008 05:57 7172450494 OAKTREE PAGE 09/22 RULES & REGULATION'S l . No dog, ci-t, other pet or animal of any kind will be brought, permitted or kept in the presniscs or elsewhere on the Landlord's property except as noted on the pet addendum. 2. Tenant(s), members of his (their) family and his (their) visitors will not at anytime make any noise, do anything, or conduct themselves in anyway which unreasonably disturbs any other Tenant(s) or neighbor(s) or unreasonably interferes with the rights, comfort, or eonveaiences of any other Tenant(s) or neighbor(s). Musical or sound reproducing instruments or singing within the pmperty must not be able to be heard outside of the property between 1 I o'clock each night and 9 o'clock the following morning. 3. No Tenant(s) shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the pnxnises or elsewhere im or upon the Landlord's property. Damage to storm doors and windows due to negligence by tetu~rtt tenant's farr~aly or guests, wilt be the responsibility of the tenant(s). ~4. No Tenant(s) shall hang pictures on the walls with any type of sticky adhesive. All pictures must be hung with the smallest possible nail or pin and this nail or pin hole must be filled in after the Tenant(s) vacate the premises. Any and all damage to the walls will be the responsibility of the Tenant(s). 5. Tenant(s) will use plumbing and electrical installations only far their intended purposes, will clean any stoppages and waste water lines, and will repair any damage caused by the neglect of the Tenant(s). If Tenants} nnisuse garbage disposals, dishwashers, ect, Tenant(s) will be billed for repair of the unit. 6. Tenant(s) agree(s) that the Landlord may reasonably change these regulations ~&om time to erne as may be required to protect the apartment or pwner's other property or add to Tenant's enjoyment of it. 7. Tenant(s) are allowed only parking space(s) in apartment parking lot. Multiple unit buildings where these are a limited number of parking spaces shall be on a first serve basis. Parking permits maybe required at the desecration of the Landlord. 8. Washer/dryer wiil be permitted to be kept or used at premises: yes_ no ~ . Dishwasher wrill be permitted to be kept or used ar premises: yes X no 9. Trash xcmovaI on the exterior of the buildigg shall be t3te responsibility of ALL Tenant(s). At anytime which the Landlord deems appropriate, an inspection xtiay be made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH Tenant will be assessed a charge of $5.00 which must be included in the following months rental payment. These items include but are not limited to: bottles, cans, plastic craps, boxes, trash bags and any other item which would reasonably be considered rubbish or trash. Y'ou are responsible for keeping the exterior, as well as the interior, of your property clean. 10. It is the Tenant's responsibility to maintain all frre extinguishers and smoke detectors in good working condition at all times duriztg the term of this lease. This means that you as the Tenant(s) must replace smoke detector batteries whin they no longer work and must have fixe extinguishers refilled if they have been extinguished due to a negligent act of yvu the Tenant(s). Failure to maintain these systems as required in this paragraph will result in a $50.00 fine plus the cost of correcting the problerzt, each time this happens. It is the Landlord's responsibility to make sure that all smoke detectors and I"ure extinguishers are in proper working order before you zrtove into the property. PLEASE MAKE SURE T$A,T YOU 1~IAVE SMOKE DE'1('ECTORS ANb k'IRE E~CTINGUISHERS IN YOUR RESIDENCE WREN YOYJ' MOVE YN. LF `YOU DO h'OT HAVE EITHER QF THESE ITEMg, PLEASE CONTACT THE OFFICE IMMEDIATELY. YOG MUST CHECK ALL SMOKE DETECTORS AND FIRE E~'I'INCUISF~Rg REGUX.ARLY. TREY ARE FOR YOUR SAFETX: 1 i. Candles, incense, oil lanterns, etc. are not permitted at the property. l..~l Initials: _~I, ! Date: ~ g 01/04/2008 05:57 7172450494 OAKTREE PAGE 10/22 12. Tenant(s) will be provided 1 phone line and 1 cable ouiiet, umless otherwise noted, in each residence. If other lines are present, but not working, the landlord has no obligation to provide you with Anore than one lint for each service. If tenant(s) •wish to have additional lines, it will be at their own expense. In addition, no tenant(s) may contract am outside service (for example: call the cable company/ telephone company/electric company for art extra connection to be rwa into the building) without the prior written consent of the landlord.., If this service is provided _ stld damages are caused to the building by the outside service, ail repairs the must be made to fix this damage will be the responsibility of the tenant(s) 13. T andlord does not provide Ioek out service. If tena~at(s) have locked themselves out of the apartment or lost their keys, it is their responsibility to contact one of the locksmiths that are provided in the utility company information at the end of ibis lease to regain access.,, you rray be asked to provide proof ofresidence. If the locks are changed, you must get Landlord's peanmission and immediately fozward a Dopy of the new key. • 14. Upon move out and a#ter any maintenance/damage issues are resolved, the Iarzdlord will have nc~ carpets cleaned at the expense of the tenant. Landlord has contracted with Ace Cherrr-Dry. Costs for same areas follows: $ti5/mom; 53.25/step; $10/b~aIlway or landing. ~ the event that the carpets need pet urine removal treatment, the cost is $69/gallon avid will be ol~acged accordingly. 1Vlixaimum job will be $96.00- These charges will betaken horn the security deposit on the property. Amy charges above and beyond the amount of the security deposit will be charged to tenant and be due to landlord upon receipt of the invoice. 15. .Fuel oiI tanks must be 8llcd before move out. If this is snot done, you will be charged 1.5 times the present market rate per gallon ot'fuel filled by the landlord. 16. If you leave the premises without notice and leave no forwarding address darting the least term there will be a $500.00 charge. 17. If we receive notice Pram your landlord of from the Municipality in which you reside regarding violations acrd we need to send you a letter ot'notitication there will be a $10.00 fce. 18. Any residence with hardwood floors must have 75% of We floor covered by arrm rugs, Initials- ~~ Date_ ~'~ ~ /'~'~%?(,~ I have read and understand tbe:e Rnles & Regalatfons. VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the pe~lties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides ghat if I make knowingly false s averments, I may be subject to criminal penalties. ~ ~ ~ ~ i, F:\F7LES\Clients\14075 Kreis\14075.1\14075.1.com F\pILESThents\14075 Kreis\14075.1\14075.1.pra2 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Plaintiff 17 PM r°!.aHBERL`tiNd1l Gi:.#U`- ?E11'4SY! ,,, Ni STEPHEN G. KREIS, Plaintiff V. CASSANDRA R. BYER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 7363 CIVIL TERM PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES Dated: S./n/Y By (24 'Z_ 5 Y-k-- Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES By: M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: a// 7/`/ This is a debt collecting firm for Stephen G. Kreis. Any information obtained will be used for that purpose.