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Home My WebLink About11-3549f COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. I/ - 3 Sy 9 NOTICE OF APPEAL IpAed y- l- Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Capital Asset Property Management 109-3-01 Harold E. Bender ADDRESS OF APPELLANT CITY STATE ZIP CODE 2000 Powell Drive Chambersburg PA 17201 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' March 14, 2011 Capital Asset Property Managment V. Samuel Hampton DOCKET No. sK;rvn i urct Dr Ht'rv CV-0000028-2011 hla?w H. Mever This block will be signed ONLY when this notation is required under P If appellant wa'laimant (see Pa. R. C. P. D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL Signature of Prothonotary or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 OF THE PRaT140ttA ?'0I1 APR ? ? ?, A!1I0. 0 7 CU ?E RL yl) CCUWT Y CVANIA 5' y,, 7S P - c#F7 ck4- e2378ez AtE r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Harold E. Bender Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Capital Asset Property Management 2000 Powell Dr Chambersburg, PA 17201 Disposition Summary Capital Asset Property Management V. Samuel Hampton La-nsd.Ae i FA IoSy Docket No: MJ-09301-CV-0000028-2011 Case Filed: 2/15/2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000028-2011 Capital Asset Property Samuel Hampton Judgment for Defendant 0311412011 Management ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL W)TH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Harold E. Bender Magisterial District Judge Harold E. Bender '^" MDJS 315 Page 1 of 1 Printed: 03/15/2011 1:02:09PM IN THE COURT OF COMMON PLEAS OF Capital Asset Property Management, CUMBERLAND COUNTY, ? ? 0-1 PENNSYLVANIA = Plaintiff =M -- rn - Vs. No. 2011-3549 X?v r- N a) 6 Samuel Hampton. CIVIL ACTION + r'C-) C)-n Defendant PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED IMTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served N a copy of the Notice of Appeal, Common Pleas No.2011-3549, upon the Magisterial District Judge designated therein on (date of service) April 13, 2010, ? by personal service N by certified (regis*red) mail, Hampton, on sender's receipt attached hereto, and upon the appellee, (name) Jeff R. Lawrence, Esq. Attomey for Samuel April 13, 2011 ?by personal serviceN sender's receipt attached hereto. (SWORD (AFFIRME AND SUBSCRIBED BEFORE ME THIS _LD_ DAY OF , 2011 -c S' lure of offii before a avit was made No? P•A?t4c' Tide of official My commission expires on December 19 2011 TH OF PENNSYLVANIA Notmiel Seal Er* C. Myers, Notary PLM Chur ra M Ba % Fmd& County My Conxtiselott E*k99 Deo.19, 2011 by (certified) (regis#red) mail, Yatu --V'z r I lembet, Pevirwt eMe Assocation of Notaries ¦ 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 mailplece, or on the front If space permits. 1. Article Addressed to:' A. X 79 B. Received ( D. Is delivery address different from Item 1? 13 'e: If YES, enter delivery address below: 0 No 3. Service Type - A Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Y? 2. Article Number (Trticle r servke tefieJ) 7 010 1870 0002 0920 1028 Ps Form 3811, February 2004 Domestic Return Receipt -- 102595-024VI-1$40 ¦ 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 cans to you. ¦ Attach this card to the back of the maiipiece, or on the front It space permits. 1. Article Addressed to: A. Signet X 0 Agent ? Ad ressee B. Received by (!'Anted Name) C. Date slivery D. Is delivery address different from Item 1? O Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. (rmArticle ns Number 7010 1870 0002 0920 1011 (f7ansfer from service label) PS Potrh 3811, February 2004 Domestic Return Receipt 102595-02-M-1540! Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambetsburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff Capital Asset Property Management, LLC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2011-3549 C-') ti C:..4 Samuel Hampton, CIVIL ACTIONS Defendant' T' o NOTICE TO DEFEND TO: Samuel Hampton C/o Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 Telephone No. (800) 692-7375 Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 : IN THE COURT OF COMMON PLEAS OF Capital Asset Property Management, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 2011-3549 Samuel Hampton, CIVIL ACTION Defendant NOTICIA TO: Samuel Hampton C/o Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir 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 orden contra usted sin previo aviso a 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 ABODAGO 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 Telephone No. (800) 692-7375 Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF Capital Asset Property Management, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 2011-3549 Samuel Hampton, : CIVIL ACTION Defendant COMPLAINT AND NOW, comes the Plaintiff Capital Asset Management, LLC, by and through its counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Complaint and in support thereof avers the following: 1. Plaintiff Capital Asset Property Management, LLC is a Maryland Limited Liability Company with a mailing address of 2000 Powell Drive, Chambersburg, PA 17201. 2. Defendant is an adult individual residing at 421 East Main Street, Landale, Pennsylvania 19454. 3. Plaintiff, Capital Asset Property Management, LLC acts as agent for Creekside Court, LLC, the owner of a residential apartment complex located at 2 Morningstar Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Plaintiff leases residential apartments to students while they are attending Shippensburg University. 5. Defendant entered into a written Lease Agreement, dated May 17, 2010 (a true and correct copy of which is attached hereto and incorporated herein as Exhibit A) and signed by Defendant Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 on May 20, 2010, with Plaintiff for the residential dwelling at 2 Morningstar Lane, Shippensburg, Cumberland County, Pennsylvania 17225 (the "Leased Property") 6. The Lease Agreement was for a one year period beginning August 26, 2010 and ending on May 6, 2011. 7. The Lease Agreement requires a security deposit in the amount of Three Hundred Dollars ($300.00) which was remitted by Defendant to Plaintiff on July 15, 2010. 8. The Lease Agreement required Defendant to pay the sum of One Thousand Eight Hundred Ninety Five Dollars ($1,895.00) due by July 1, 2010 for the Fall Semester and an additional One Thousand Ninety Five Dollars ($1,895.00) due by November 1, 2010 for the Spring Semester on the Leased Property. 9. The Defendant failed to make any payment of rent to the Plaintiff. 10. Defendant's failure to pay the aforementioned rental payments is a breach of the Lease Agreement. 11. Defendant caused harm to Plaintiff by violating the terms of Lease Agreement. 12. Despite Plaintiffs demands for payment, Defendant has failed to pay all sums due and owing under the Lease Agreement to Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand, Nine Hundred Ninety Dollars ($3,990.00) together with attorney fees and costs in connection with this action. Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff HUGHES, P.C. By Na H. yers, Esquire Attorney . No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: q" a?' - ?/ Attorney for Plaintiff Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I. D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff VERIFICATION I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ?A /al 11 By: io ver, Member Capital Asset Property Management, LLC Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff CERTIFICATE OF SERVICE r I hereby certify that on the day of 2011, 1 served a true and correct copy of the foregoing document via United Mattes, first class certified mail, postage prepaid, addressed as follows: Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 Attorney for Defendant Samuel Hampton Respectfully submitted, B SALZMANN HUGHES, P.C. MADISON/CREEKBIDE/BROOKSIDE COURT LEASE APPLICATION €tbwdit ?# F{t t ? b3Sut s7? ; j" On Campus Advertising Printed Marketing Flyer A Referral J. Web site F__ An On/Off Campus Event A Property Sign j -' The Slate Newspaper ( Other Full Name ? LgCk?l llii' ovy) V °on I E-mail [sh3587@ship.edu ' Date Of Birth SSN CA---70, Phone Number ??-? - 4Q I -?()s (» Drivers License Number E t e? c ? Drivers License State `{; ylst \1avit ck, Member of Fraternity or Sorority Name of Fraternity or Sorority F (- Freshman t" Junior t'1 e Current Status: Sophomore Senior Estimated Graduation Date r R W-K - Address ? City -- State ! Zip Code s l Address 4;Z1 . U a /M St City L:0 n,%. .c ? State FA ' Zip Code RqS4 Select If Permanent address is Same As Current Address IF- Current Address jrq Permanent Address/ Summer Address Do you require Special Accommodations? r' YES ( NO Please Explain: Primary Applicant: Have you ever been party to an eviction? {- Yes (J No Primary Applicant: Have you ever been convicted of a felony? F_ Yes '? No [ XX_ ] Page 1 of 17 k fh?,Wh+tttY ft Utvhatlpn' In the event that you become seriously ill, missing, incarcerated or deceased, according to an affidavit of the person listed below, you authorize this person to enter your dwelling and remove all contents, as well as your property in the mailbox, storerooms and common areas. In case you become seriously ill or injured, you authorize us to send for an ambulance at your expense, though we are not legally obligated to do so. Are you interested in making payment via credit card? F7 Yes R No J I understand that this is only an application for residency and does not guarantee accommodation. Signature of Primary Applicant ? kYi1'/ Date Page 2 of 17 N Are you interested in an automatic withdrawal from your checking account for payments? r Yes (?7 No Mad iso n/Cree ks ide/B rooks ide Court Apartments _ 2010-2011 Lease STATE OF PENNSLYVANIA CUMBERLAND 1 FRANKLIN COUNTY This AGREEMENT, made and entered into as of today, May 17, 2010 between Creekside Court LLC party of the first part, and hereinafter called OWNER, and k Z ns t Z jZ'_P__ , party of the second part, hereinafter called TENANT. The premises will be managed by Capital' Asset Property Management, LLC. Capital Asset Property Management LLC acts as OWNER AGENT and hereinafter is referred to as AGENT. WITNESSETH: That the said OWNER does hereby rent and lease to the said TENANT and the said TENANT does hereby rent and lease from the said OWNER, the following premises known as: 2 Morningstar Lane 5- Room 3 Fi Tenant understands specific address will be released to Tenant one month prior to lease term start date. Tenant Initials The Leased Propert isy Ito be used and occupied by the TEN?a}?NT for residential purposes, and for no other use or purpose whatsoever, for the term beginning on 5; ( lb and terminating on b /(? Rent for said premises is detailed on the PAYMENT AND EXTENTION SCHEDULE PAGE 12 of this Lease: Payment's can be made at the AGENT Leasing Office or onfine at www.shipunivapts.comlresidents.html, and on failure of TENANT to pay same when due, said OWNER/AGENT has the right, at it's option, to terminate the lease immediately, TENANT shall be deemed a TENANT of sufferance, and TENANT shall at once vacate the premises, AGENT may re-enter and take possession of the premises. These rights of the OWNER are cumulative and not restrictive of any other rights under the law, and failure on the part of the OWNER/AGENT to avail itself of these rights at any particular time shall not constitute a waiver thereof. ONE: LEASE. This lease is made in contemplation of the fact that TENANT is lawfully residing in the United States and has some official connection with Shippensburg University, either as a full-time student, or other connection recognized by AGENT. If such connection should cease or such legal residency status changes, AGENT may terminate this lease immediately. TENANT shall be deemed a TENANT at sufferance and TENANT shall at once vacate the premises. TENANT shall notify the AGENT leasing office, in writing, of any cessation of enrollment, whether due to graduation, withdrawal, or otherwise, at least 30 days in advance of the effective date. AGENT/OWNER acknowledges receipt from TENANT in the amount of Three Hundred Dollars ($300) as a NON-REFUNDABLE RESERVATION fee that will be forfeited if this lease is breached by TENANT for any reason whatsoever. Upon receipt of FIRST (1st) lease payment from TENANT, the NON-REFUNDABLE RESERVATION FEE will be converted to a REFUNDABLE SECURITY DEPOSIT. (Refer to FOUR:SECURITY DEPOSIT Page 6-7) TENANT agrees that he/she is 18 years of age or older and capable to sign this Lease. TENANT is responsible for the terms of this Lease and full payment of rent for the entire rental period. If any rental payment falls in arrears over 5 days, the full rental amount for the entire year becomes due at once and all security deposits will be forfeited. If TENANT falls in arrears over 5 days and has not contacted the office to provide intentions on payment within that period, it may be assumed that the TENANT has vacated the premises with no intent to return. At that time, OWNER may take any legal action necessary to obtain payment and the OWNER may re-rent the bedroom to mitigate damages. TENANT will not be able to rely on any prior oral or written representations by OWNER or AGENT. Any exceptions to the Lease or work to be performed by OWNER must be written by OWNER, a copy given to TENANT and initialed by TENANT. ]WO: UTILITIES. All utilities such as water, sewer, electric, trash collection, snow removal, cable TV and high speed internet access are included in the lease payment. Electric allotment is set at a maximum of sixty dollars ($60.00) per student per apartment, and if the total electric bill from PennElectric, A FirstEnergy Company for any one single month exceeds the calculation of the number of TENANTS per the apartment x sixty dollar ($60.00) per student (a maximum of two hundred forty dollars ($240.00) per 4 occupancy apartment), the amount of overage will be invoiced in equal amounts to all the TENANTS of the apartment and due upon receipt. Upgraded cable TV installation and monthly service cost are only permitted through a separate account with Comcast and is the sole responsibility of TENANT. Washers/Dryers are equipped with smart card readers at a price of one dollar and 25/100 ($1.25) per load (washer/dryers only compatible with pre-programmed smart cards provided by AGENT). (Smart Cards are to be returned to AGENT at end of tenancy. $10 will be charged for those not returned.) THREE: LATE CHARGES. TENANT agrees to pay any and all costs or percentages of collections to OWNER that may incur during the collecting of a debt. A Five Percent (5%) late fee will apply to all rent due and all charges billed to TENANT (such as utilities, repairs, etc.) that are not received by OWNER within five (5) business days of notice to TENANT. TENANT agrees that any and all monies collected by OWNER shall be applied to the oldest charge first and the balance to the newer charge. OWNER has the right to pursue TENANT in Magistrate Court, or elsewhere, for all costs. Any outstanding balances owed to the OWNER shall be applied to TENANT until payment is received in full. TENANT also agrees to pay a fifty dollar ($50.00) handling/administrative fee for any check or automatic withdrawal returned by banks for any reason. FOUR: SECURITY DEPOSIT. The OWNER accepts the security deposit in the amount of Three Hundred U.S Dollars ($300.00) as collateral for the full and faithful performance by TENANT of each and every provision, covenant, condition, and for the entire time period of the Lease, including the payment of late fees and other charges that may be assessed. Commencing on the date hereof, If the Lease is broken for any reason (e.g., someone drops out of school, changes their mind, is found in violation of the Rules and Regulations Addendum, etc.), the full security deposit of the TENANT will be forfeited along with any other money held by OWNER (such as rent and fees). If the apartment is condemned at any time due to the fault of a TENANT, all security deposits and other money held by the OWNER will be forfeited in their entirety. Tenant Initials ??" Page 3 of 17 The deposit may not, under any conditions be deducted by the TENANT from any bills that are due. The Security Deposit will be held until all provisions of this Lease have been fulfilled (including vacating of premises on time, see Move Out below). If a TENANT terminates this Lease before the commencement date for any reason, all monies, including security deposits will be forfeited, as well as the rent that has been paid. in addition. TENANT will owe AGENT the FULL amount of monies due stated in this LEASE. (see Page 12) At OWNER discretion, a portion may be returned less administrative costs, if and when the Apartment Is re-rented prior to the commencement of the Lease. Any portion of the security deposit may be withheld for unpaid rent, damage due to breach of this Lease or for damage by TENANT, other TENANT leasing Apartment, employees, guests or invitees. In the event that any part of the security deposit shall have been utilized by the OWNER, in accordance with the terms herein or applicable law, TENANT shall upon delivery of notice, make payable within five (5) business days an amount equal to the charges assessed so that OWNER shall have the full deposit on hand at all times during the term of the Lease and any renewal thereof or holding over. Acceptance of this deposit by the OWNER does not constitute any waiver of damages that may exceed the amount of the deposit, or any waiver of any other rights the OWNER may have against the TENANT, at law or in equity, by reason of the TENANT default. In the event of damages suffered by the OWNER by reason of the TENANT default, which exceed the amount of the deposit, the OWNER shall be entitled to such additional damages along with the cost of exercising its rights, including attorneys' fees to recover monies owed. If TENANT signs a new lease for a new lease term for the same unit and their security deposit is paid and/or reimbursed to full amount , no additional security deposit is required at signing and security deposit will carryover to the new Lease upon the expiration of this Lease. As above, In the event that any part of the security deposit shall have been utilized by the OWNER, in accordance with the terms herein or applicable law, TENANT shall upon delivery of notice, make payable within five (5) business days an amount equal to the charges assessed so that OWNER shall have the full deposit on hand at all times during the term of the Lease and any renewal thereof or holding over. FIVE: TERMINATION. If at any time TENANT breaks any clause, meaning or intent of this Lease or Addendums, Lease can be immediately terminated, TENANT shall be deemed a TENANT at sufferance and be required to immediately vacate the premises. If at any time during and before the expiration of the term of the Lease TENANT shall remove or attempt to remove or vacate the Apartment, or default in any of the covenants stated in this Lease or Addendums, the Lease terminates. TENANT expressly waives the benefit of all ads of assembly requiring any period of notice to vacate the premises upon termination of this lease and agrees to vacate immediately by such lease termination. AGENT reserves the right to reassign TENANT. OWNER shall have full power and authority to institute any action at law or in equity for the collection thereof, of any and all payments owed, to proceed by distress or any other process of the law to collect the some, or at OWNER option, declare the Lease term ended and re-enter the premises and every part thereof and remove all persons there from, or to proceed by legal action the recovery thereof. Furthermore, OWNER agrees that in the event of invocation of the provisions of this paragraph, OWNER may, at OWNER discretion, immediately undertake to re-let the demised premises at a reasonable rental rate, and any rentals received in connection therewith may at OWNER sole choice be credited to the account of TENANT minus any reasonable charges for cleaning, damages or other costs incurred such as advertising or commissions. When possible, the OWNER will provide adequate notice of such termination and relocation assistance when available. This Lease is assignable by the OWNER. TENANT acknowledges reading / understanding this AGREMENT and his right to consult with an attorney concerning this AGREEMENT and all ADDENDUM$ 31& Should the premises be destroyed or so damaged by fire or other casualty as to become uninhabitable, this lease shall cease from the date of the fire or other casualty. SEVEN: MOVE-IN. TENANT agrees to take the apartment "as is" TENANT will be supplied with a move-in documentation consisting of a Walkthrough Assessment for the apartment, documentation pertaining to fire safety duties of the TENANT, and important phone numbers. OWNER shall not be liable for any damages whatsoever suffered by TENANT for failure to deliver possession of the Premises at the time stipulated herein as to the date of commencement of the tenancy. TENANT will be permitted to enter (become responsible for apartment) after move in appointment with AGENT has been completed on the condition that all required forms have been properly filled out, security deposit and rent have been received in full. TENANT has ten (10) business days from start of Lease to accept the door lock code and take possession of the premises. TENANT has two (2) business days from possession of the key code to provide OWNER/AGENT a e-mail list via email or hand delivered to AGENT'S office of corrections and/or deficiencies that were not outlined on the Walkthrough Assessment. Defects not reported within this time of the first TENANT taking possession shall be presumed to have occurred during the TENANT possession. Unless noted in writing within two days of the first TENANT possession, the dwelling is deemed to be in good order and acceptable to the TENANT. Assistance for lockouts from OWNER will be assessed a forty dollar ($40.00) service fee (payment required before door code is changed) during business hours, and seventy-frve dollars ($75.00) between 5:30 p.m. and 9:30 a.m. TENANT will be responsible for any damages caused by TENANT or their guests trying to access premises or interior rooms without key codes (such as broken windows, door jambs, locks, etc.). Tenant Initials ??? Page 4 of 17 EIGHT: MOVE-OUT. OWNER encourages TENANT to review the condition of Apartment prior to vacating the premises to make sure TENANT has complied with move out procedures. This is the best method to ensure the return of Security Deposit. After the Lease ends, any occupancy by persons or property will cause Security Deposit to be forfeited. If there are items or trash remaining or more than one hour of cleaning to be done, or repairs to be made at 5:30 PM on the date the Lease expires for whatever reason, the entire security deposit will be forfeited. To ensure proper delivery of Security Deposit, each TENANT must leave a forwarding address with the OWNER/AGENT office. With the above conditions met, the Security Deposit will be refunded following completion of repairs to damages, or after the expiration of the Lease (whichever is later). Any questions regarding the amount refunded of the Security Deposit must be made in writing and sent to AGENTS office. Due to volume, turnover, and on-going maintenance requiring key personnel to NOT be in the office, OWNER/AGENT requests "no phone calls in regards to Security Deposits," please. After three (3) months of the issuance of the returned security deposit, all security deposit matters will be closed. TENANT will return all Move-Out documents by 5:30 PM on the day the Lease ends and leave the premises in a clean and sanitary condition. This Lease shall become null and void should conditions (acts of God, urban renewal projects, condemnations, etc.) arise that require the removal of TENANT from the premises. OWNER assumes no responsibility for personal items left in the Apartment or on the premises after the end of this Lease (or after TENANT break/ terminate this Lease). AGENT shall be entitled to store or otherwise dispose of any property remaining on or about the premises after the termination or expiration of this lease. Any property left on or about the premises shall be considered to be abandoned and at AGENTS option may become the property of AGENT and the title thereto shall be exclusively presumed as having vested in AGENT by virtue of such abandonment. In disposing of said property, AGENT shall be entitled to discard, retain, or sell same at any public or private sale, and TENANT hereby releases, holds harmless, and indemnifies AGENT from and against any and all claims to said property and against AGENT. AGENT may be a purchaser at any such sale. NINE: RETURNING TENANTS. OWNER usually allows current TENANT first option if they wish to be considered for re-renting their apartment for the following year. TENANT will notify OWNER before October 101 conceming the renewal of their Lease for the next rental period with the new rental amount to be determined by the OWNER. Notifying the OWNER of intent to re-rent for the following year is the responsibility of the TENANT through the Lease Renewal Intention Form, attached. If the OWNER is not made aware by October 151, OWNER will consider the TENANT as not intending to re-rent the apartment for the following year and subsequent requests will be considered equally with new prospective TENANT. TEN: ASSIGNMENT & SUBLETTING. TENANT agrees to not assign this lease or to sublet said premises, or any part thereof, without written consent of said OWNERIAGENT and any transfer in violation of this prohibition shall be automatically null and void. At AGENT sole discretion, AGENT may grant or withhold such written consent. TENANT shall not allow any other person, or persons, regardless of age, to occupy any part of the apartment unit without prior written consent of OWNER or AGENT. Subleasing or occupancy by other than the Shippensburg University students that have leases for the said unit is prohibited. ELEVEN: TENANT hereby waives and renounces for him/herself and family any and all homestead and exemptions rights he/she or they may have under or by virtue of the laws of the Commonwealth of Pennsylvania or the United States as against any liability that may accrue under this contract. TWELVE: OWNER ENTRY. The OWNER, in person or by AGENT, shall at all reasonable limes and without prior notice have the right to enter and view condition of the premises, to show the same to prospective TENANT, to insure compliance with this Lease and city codes, and to make repairs or do up-keep of the Apartment. TENANT is responsible for keeping Premises, steps, hallways, and parking areas dean and presentable at all times. Normally, maintenance and repair work will be performed between the hours of 8:30 a.m. and 5:30 p.m. The OWNER/AGENT shall have the right to enter the Premises without prior notice in order to inspect the Premises, make necessary or agreed repairs, decorations, alterations, additions or improvements, supply necessary or agreed services or exhibit the dwelling, check to see if the TENANT is in compliance with the terms and conditions of this Lease or show the Premises to either prospective or actual purchasers, mortgagers, TENANTS, or workmen. THIRTEEN: APARTMENT ALTERATIONS. TENANT is not to make any changes of any nature, including painting in the above named premises without first obtaining written consent from said AGENT, and the TENANT agrees to notify the AGENT when any repairs are needed to the furnishings or premises, and AGENT shall not be liable for any failure to repair in the absence of such notice. AGENT shall have the right to enter said premises at reasonable hours to examine the same, make such repairs, leaning, additions, or alterations as may be deemed necessary for safety, comfort and the preservation of said building and to ensure compliance with applicable the Commonwealth of PA and U.S Federal laws and regulations. Tenant Initials Page 5 of 17 FOURTEEN: ROOM ASSIGNMENTS. Single student TENANTS of three/four bedroom apartments agree that the apartments are triple/quadruple occupancy, respectively, and that AGENT has the option to make assignments during the term of this lease, and to reassign TENANT to other apartments in the Madison \Creekside\Brookside Court Apartments and to consolidate where necessary in order to maintain triple/quadruple occupancy. Any TENANT in three/four bedroom apartments which are not fully occupied are not to utilize in any way the other bedrooms or baths. Use of unoccupied spaces by TENANT or TENANT guest will result in additional rental and administrative charges in the amount of one hundred dollars ($100.00) per day for any day in which the rooms were used. FIFTEEN: CLIMATE CONTROL. TENANT acknowledges and understands that (a) the assigned space is located in a climate in which temperatures, humidity, and other naturally occurring conditions normally allow the growth of mold and mildew in locations where dampness or moisture are present; and (b) upon moving into the assigned space, TENANT will have control over and knowledge concerning conditions in the interior of the assigned space. Therefore. TENANT agrees to set thermostats to provide appropriate climate control and maintain the assigned space in a clean condition by mopping, vacuuming, or wiping hard surfaces with a household cleaner. TENANT is to remove visible moisture or condensation on floors, walls, windows, ceilings and other surfaces promptly. In addition, TENANT must take other measures as may be necessary to prevent mold and mildew from accumulating in the assigned space (including without limitation reporting immediately to the AGENT any evidence of water leaks or mold or mildew-like growth). Thermostats are locked for cooling during spring and summer months at a minimum of 71 Degrees and for winter months for heating at a maximum of 70 Degrees. During winter months thermostats should be set on heat, during spring/ summer months thermostats should be set on cool. The fan setting should always be set on AUTO. In addition, windows should be completely shut while the HVAC units are in use, in winter and spring/summer months to ensure efficiency. SIXTEEN: COMMON AREAS. Common areas include but are not limited to hallways, stairways, sidewalks, courts, entry passages, pavilions, lounges, studies, utility and storage rooms, grounds, and building exteriors. No items are to be placed in or attached to any common areas without the express written consent of AGENT, including but not limited to any type of antenna or satellite dish. TENANT is expected to take every precaution to assure that common areas are not abused. TENANT is responsible for all damage and loss to the common areas caused by him/her or members of his/her family visiting the premises or his/her guests visiting the premises, including damage to and loss of fixtures and furnishings in the common areas as well as damage to the common areas themselves, whether or not due to negligence. TENANT shall not obstruct or use any sidewalk, court, entry passage, hall, or stairway for any purpose other than ingress and egress. SEVENTEEN: FURNITURE & FIXTURES. Any equipment (cabinets, shelves, furniture, appliances etc.) attached to the building with the consent of AGENT, will become a permanent part of the building and will not be removed without consent from the AGENT. Removal of any furnishings including all fixtures from premises is prohibited. No alterations are to be made to the furniture or fixtures provided by the Madison\Creekside\Brookside Court Apartments. Additional furnishing brought into the premises must be freestanding and clear of all existing fixtures, furniture or walls. EIGHTEEN: FIRE SAFETY. Open Flames, Extension Cords, Space Heaters, Barbecue Grills, & Ttki Torches are prohibited. Smoke Alarms will not be tampered with or rendered inoperable. Open flames are strictly prohibited in or around Premises and beneath covered areas (i.e., stairwells), except when provided by OWNER in designated areas. Extension cords (besides power strips with breaker switches) and Space Heaters are also prohibited. If these items are found in use, they will immediately be confiscated and not returned. Barbecue Grills, other than ones provided by OWNER, and Tiki Torches are prohibited in or around all structures. TENANT agrees to let OWNER permanently remove and permanently confiscate any grills, torches or other flammable items found in contradiction of this provision at any time. Smoke Alarms are provided in accordance with code and new batteries are installed at the beginning of the tease period. During the Lease period up-keep, regular inspection and maintenance, INCLUDING REPLACING_RUN-DOWN BATTERIES, is the RESPONSIBILITY OF THE TENANT. NINTEEN: MAINTENANCE, SMOKE DETECTOR BATTERIES, VACUUMING AND CLEANLINESS INSPECTIONS. TENANT agrees to make normal repairs, to include, but not limited to, replacing light bulbs, smoke detector batteries, vacuuming and shampooing carpets regularty during the course of the tease. Any damages (broken windows, clogged commodes, entrance locks) resulting from TENANT negligence or abuse are the responsibility of the TENANT, and TENANT specifically agrees to pay for the repair of such at the time of the repair by AGENT (see attached Addendum "Cleaning, Repair and Replacemenn. These terms also apply for service to plumbing when the TENANT or their guests cause the plumbing problems. OWNER or AGENT will do inspections as needed. Repair costs necessitated because of the negligence or neglect of TENANT, TENANT guests, invitees, or employees are the responsibility of the TENANT. Damages that occur from normal wear and tear to any appliance, furniture, or housing fixture must be reported within 5 days of the incident or such damages will be considered to have been caused by the TENANT. Except for normal repairs specified herein; TENANT shall not make needed repairs themselves without OWNER/AGENT written consent. Tenant Initials Page 6 of 17 TWENTY: NORMAL WEAR & TEAR. Accumulation of excess grease and/or dirt and damage to walls, ceilings, floors or appliances will not be considered ordinary wear and tear and if not properly cleaned, cleaning charges will be deducted from the security deposit. If, in the OWNER sole discretion, trash accumulates or living conditions amount to a health / safety condition, then OWNER may hire appropriate people to clean the premises to reasonable living conditions, and bill the TENANT. Specifically, TENANT is responsible for any and all damage to their Apartment and any other Apartment(s) caused by TENANT neglect. As an example, flooding due to dogged toilets, tub/shower/sink overflows, and/ or misuse of dishwasher, etc is TENANT neglect. WEAR AND TEAR items only include items that are not caused by TENANT but are a result of normal use over the years of the apartment including loose or stubborn door locks, loose hinges or handles on doors, worn carpeting, carpet seams unglued, worn but not chipped/burned/cut countertops, stain on ceiling from rain or bad plumbing, drywall settlement, faded, chipped or cracked paint but not marks caused by TENANT, loose wallpaper, faded curtains and drapes, heat blistered blinds, dirty window or door screens not caused by TENANT, sticky window, loose faucet handle, toilet runs, and closet bi-fold door off track. Damages that occur from normal wear and tear to any appliance, furniture, or housing fixtures must be reported within 5 days of the incident or such damages will be considered to have been caused by the TENANT. TWENTY-ONE: INDEMNITY. TENANT hereby releases AGENT from any and all damages to property or injury to persons and will hold the AGENT harmless from all such damages during the term of Lease, arising from the bursting or leaking of water from any act of negligence of TENANT, of any CO-TENANT or adjoining TENANT or any other persons whomsoever. All personal property placed in the premises, or any other place APPUR-TENANT thereto, shall be at TENANT sole risk, and neither OWNER nor AGENT shall not be liable to TENANT or TENAN"r family, employees, invitees, or licensees for any damage, loss, theft, caused by water, snow or ice or destruction thereof unless caused by the sole negligence of OWNER or AGENT. TENANT understands that OWNER insurance does not cover TENANT, TENANT property or guests. TENANT must have renters insurance, fire and liability insurance to protect TENANT, TENANT property and guests who are injured while on the property. TENANT must obtain a policy of renter's Insurance with minimum liabliity coverage of $300,000, naming OWNER as an additional loss payee and additionally insured. TENANT is responsible for all damage to the leased premises and injury to people caused by TENANT, TENANT family or guests. TENANT agrees the OWNER is not responsible to TENANT, TENANT family or guests for damage or injury caused by water, snow or ice that comes on the leased premises. TWENTY-TWO: DISTURBANCES. TENANT shall maintain order in the building and shall not make or permit any improper noises in the building or interfere in any way with other TENANT or those having business with them. Nor shall TENANT, TENANT family, or guests act in a disorderly, boisterous, or unlawful manner or disturb the rights, comforts, or conveniences of other persons in the area in which the premises are located. TENANT agrees to comply with all rules, orders, ordinances, and regulations of the county government and with all statutes, rules, and regulations of the Commonwealth of Pennsylvania, and with all statutes and rules and regulations of the United States and all policies and regulations of AGENT (see Rules and Regulation Addendum). TENANT agrees to observe traffic regulations concerning speed limits and parking within the area of residence. TENANT also will observe such other and reasonable rules and regulations as OWNER, in the judgment of AGENT, may from time to time promulgate in writing to the TENANT for the safety, care and cleanliness of the premises, the building, and for the preservation of good order therein. In this regard, OWNER reserves the right to relocate TENANT to other premises or to terminate this Lease if OWNER or AGENT, determines that TENANT has demonstrated behavior that significantly disrupts or poses a danger to the premises, common areas, neighboring TENANT or other parts or aspects of the TENANT complex in which TENANT is located. TWENTY-THREE: INSPECTIONS OWNER/AGENT reserves the right to enter the premises at reasonable times to determine TENANT compliance with the terms and conditions of this Lease, to make any repairs or perform any maintenance for which AGENT is responsible, and to show the premises to perspective TENANT. In addition, OWNER/AGENT reserves the right to enter the premises at any time that the AGENT in its sole discretion, determines that there exists an emergency situation involving the premises or a situation that presents a danger of damage to person or property and/or loss of life. OWNER/AGENT reserves the right to enter the apartment on a monthly basis to conduct apartment maintenance and inspections including pipe checks and HVAC filter changes TVVF.NTY FOUR: DOOR LOCK CODES. Door Lock Codes and Washer/Dryer Smart Cards or any other items issued at move in are the properly of the OWNER/ AGENT and must be surrendered upon termination of residence. A door lock code change will be conducted for a forgotten or compromised original code. A charge for such a code lock change will be assessed to the TENANT based on forty dollars ($40.00) per incidence. It is TENANT responsibility to safeguard their code. Giving a door lock code to people who do not reside in the unit is prohibited as it compromises all TENANT of that unit and the TENANT of the entire building. TWENTY-FIVE: BINDING EFFECT. The covenants, conditions and agreements herein shall apply to and bind the heirs, executors, personal representatives, successors and assigns of the parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. Tenant Initials Page 7 of 17 TWENTY-SIX: NOTICES AND SERVICES OF PROCESS. Notices may be served upon the TENANT in person or by regular mail whether or not mailing is accepted by TENANT. Written notices to OWNER as required herein must be presented to: Continuum Investments, LLC, 14 Kenneth Avenue, Apt #2, Shippensburg, PA 17257. TWENTY-SEVEN: RENEWAL. If TENANT wishes to remain in same apartmentfunit for the nex: year, TENANT is required to fill out a Lease Renewal Notification Form and sign a New Lease for the following year. TENANT is urged to re-sign the New Lease on or before October 1st of preceding year as this Is the only way for the OWNER to guarantee the availability of the same unit. _TWNTY-EIGHT: RESPECT OF AND INTERACTION WITH OWNERIAGENT: Tenant understands and acknowledges that Owner/Agent is made available for their benefit. Agent understands situations will arise during TENANTS term and requests that TENANT, TENANTS relatives or person representing TENANT discuss any situation with AGENT in a professional manner. Any unprofessional behavior (cursing, raising of voice and any other negative attitude directed toward AGENT/OWNER) via e-mail, phone or in person will not be accepted. TENANT understands if such an occurrence becomes a reality, AGENT has the option to request that the party which is acting in such a manner return when he/she is capable of discussing the matter at hand in a professional manner. TENANT understands that AGENT does not relate to TENANT in such a way and AGENT requests TENANT treats AGENT with the same respect, if TENANT/TENANT's Family or person representing TENANT can not conduct themselves in a professional manner, TENANT will be requested to remove themselves from property and the LEASE shall be nullified by both AGENT and TEANANT. I understand the preceding and will abide by its request. TENANT INITIALS TWENTY-NINE: SPECIAL STIPULATIONS. This Lease including Special Stipulations listed below and all Addendums contains the entire agreement of the parties. The provisions may not be modified, varied, or added to except in a writing signed by both the OWNER/AGENT and the TENANT. Time is of the essence of this lease. SPECIAL STIPULATIONS: 1.Pets of ANY kind are strictly PROHIBITED in all Madison\Creekside\Brookside Court Apartments and common areas. ANY violation of this provision by TENANT may, at AGENT option, result in any or all of the following consequences: termination of this Lease Agreement; or imposition of a mandatory non-refundable pet assessment in the amount of two hundred dollars ($200.00) per day for such time as the TENANT has had a pet in the leased premises. 2. No custodial service other than in public areas is anticipated in the lease. TENANT will dispose of trash and garbage in the designated location and procedure as outlined by AGENT for each respective building or living area. 3. No item may be hung outside the building from balconies or out of windows. 4. AGENT agrees to furnish heat, water, and electricity(as explained in Paragragh 2 on Page 7 of this Lease), basic cable TV. and cable internet access in the Madison\Creekside\Brookside Court Apartments. In no event shall AGENT be responsible for any interruption, shortage or reduction of utilities supplied to the premises, no matter how caused; provided, however, that if such interruption, shortage or reduction is caused by OWNER, than OWNER agrees to use reasonable efforts to restore utilities as soon as reasonably and practically possible. 6. No commercial business (including regular day care) may be conducted from the premises. Door-to-door soliciting is not permitted. 6. Front doors to units are not to be propped open at any time. 7.TENANT shall not store any combustible materials on or about the premises, nor shall TENANT utilize candies, incense or other similar items on or about the premises. &TENANT shall follow all rules and policies concerning traffic and parking as instructed so by AGENT. 9. Summer Storage is offered to renewing or new TENANTS only. TWENTY-NINE: ADDENDUM. The following attached Addendums are expressly made part of this Lease Agreement and the combination of which contains the entire agreement of the parties: • Rules and Regulations Addendum • Fixture/ Furniture/ Appliance Addendum • Cleaning, Repair & Replacement Addendum • Internet Usage Policy Addendum • Door Lock Code Addendum • Walk-through Assessment Addendum • Parking Permit Registration / Washer and Dryer Card Registration __4 L Tenant Initials 1 Page 8 of 17 PAYMENTS - Dates, Amounts and Fees: Security Deposit: Fall Semester- Due by July 1st, 2010 Spring Semester- Due by November 1st, 2010 Renewal Notice: Must be received prior to October 1st of preceding year. If not reserved, unit may be at risk of being rented to other party Summer Rentals- Both Due on May 1st, 2010 Summer Rental: Prices will be disclosed on the Summer Rental/Storage Addendum upon signing. Summer Student Rental Term is from May 11, 2010 through August 22th, 2010. Summer Storage: Resident may store property only in bedroom unit. (offered to returning or new residents only) Prices will be disclosed on the Summer Rental/Storage Addendum upon signing. $0 deposit required. Move In / Out Dates - Fall'09 - move in start Spring '09 - if new Spring tenant, move in Spring '09 - summer break - move out by Summer'09 - Semester start - Note: All payments can be made via credit card, money order, and check and must be received by due date or unit cannot be held. A Five Percent (694) late charge will be applied to any and all payments not received by the required due dates stated In this Lease. Payments include any and all rent, invoices, or anything other charge assessed by Owner/Agent. In addition, rooms assigned in this LEASE can only be changed at discretion of AGENT or OWNER. Rooms will not be reassigned based on requests from tenant. SECURITY DEPOSIT - ENTER $0 IF TRANSFERRED FROM PREVIOUS TERM. $ 300.00 FALL SEMESTER $1,895.00 SPRING SEMESTER $1,895.00 SUMMER STORAGE/RENTAL NON-REFUNDABLE RESERVATION FEE TOTAL: $4,090.00 IN WITNESS WHEREOF, the parties have executed in duplicate the entire contents of this Lease which Includes all contents of all pages 7,8,9,10,11 and 12- In addition all addendums and all contents of the LEASING PACKAGE PAGES 1- 23 The TENANT further acknowledges and agrees that this Lease, when filled out and signed, is a binding legal obligation. Tenant Signature Date Agent Signat Y Date Page 9 of 17 RULES D RE-EGU A ONS ADDENDUM At MCA/CCAIBCA the concern of Capital Asset Property Management is both preservation of the apartments (i.e. apartments kept in new or close to new condition) and the community living environment. Every effort is made to develop an atmosphere where TENANTS may learn and develop positive academic and social habits. Rules and regulations have been established to ensure that the rights of the individual as well as those of the community as a whole are upheld while preserving the condition of the apartments so that future residents may have an enjoyable living experience. TENANTS are required to adhere to all policies and regulations outlined in this Addendum and in any publications designed for specific residence areas. 1. Alcohol Policy - AGENT adheres to all local and federal laws concerning underage alcohol consumption. 2. Sanitary Laws- TENANTS shall comply with all sanitary laws, with rules and regulations of municipal, state, or federal authorities. 3. Community Responsibility - TENANTS are members of an apartment community and are expected to act responsibly and not interfere with the rights, comfort, or safety of their roommate(s) and other students. 4. Guests - TENANTS are responsible for the behavior of their guests. Overnight guests may not stay more than three consecutive nights. The invitation of a guest to a room, apartment, or suite must meet with the consent of all roommates. Guests may not stay in lounges 5. Visitation - AGENT allows 24-hour visitation but does not permit cohabitation. 6. Use of Room - Rooms may not be used for illegal purposes. TENANTS are responsible for ensuring that their personal conduct and the conduct of their guests is not in violation of local, state, or federal laws. AGENT reserves the right to inspect and perform work in student rooms, apartments, or suites at any time to ensure that all health, safety, maintenance, fire, and all complex policies are being followed. 7. Solicitation and Advertising - Solicitation, sales, and advertising are not permitted on Madison Court Apartment property without prior written authorization from AGENT. No door-to-door solicitation is permitted. 8. Windows and Screens: TENANTS will be charged for the replacement of broken windows deemed to be caused by their or their guests negligence. Do not place foil, cardboard, etc. over windows. Any screen damaged by resident or guests will be replaced/ repaired. TENANT will be charged accordingly and payment will be due at time of repair. g. Balconies and Patios: Please keep balcony or patio neat and free of mops, brooms, drying towels, trash, hanging clothing to dry, etc. A few plants and patio furniture are acceptable. 10. BBQ Grills: City ordinance does not allow TENANTS who live in apartment communities to have BBQ grills of any type inside your apartment or outside your apartment at any time. (1=or your convenience we have provided BBQ grills for ourTENANTS.) Violation of this rule can result in a costly fine and confiscation of BBQ grill. 11. Plumbing: Misuse or carelessness of drains, commodes, dishwashers, or disposals will not be tolerated. If we find that if repair is necessary due to your negligence, your account will be charged. Any leak should be reported to the office immediately. Do not pour grease down drain, flush paper towels, or feminine products in commode. 12. Noise: TENANTS must not disturb neighbors. Keep stereos and music levels to a minimum. If a complaint is made on your apartment you will be issued a lease violation. TENANTS are responsible for the behavior, noise or problems occurring due to any of TENANTS guests. 13. Trash: We provide you with ample trash receptacles or dumpsters. Throwing of trash on grounds will not be tolerated. If TENANT is found dumping trash on the site or not bringing trash bags to the dumpster TENANT will be fined and issued a lease violation. 14. Maintenance: Maintenance is done on a regular monthly and as needed basis. The only types of maintenance problems that will be handled after hours or on weekends will be emergency maintenance. Examples of emergencies are flooding of the apartment, loss of utilities or loss of refrigeration. Air conditioning problems are not considered an emergency. Lock-outs are not considered an emergency. TENANTS will be financially responsible for any maintenance problems they cause. 15. Drugs: The manufacturing, intent to deliver or possession of a controlled substance or drug paraphernalia is strictly prohibited. If a TENANT or their Guest (s) are in violation of this rule, tenant Will be subject to lease violation and/or possible eviction. 16. Locks: All of the necessary locks for your unit and individual room are provided by AGENT. No locks or locking mechanisms may be changed or added to main entry door or bedroom doors. 17. Wall*: Only sheet rock hooks or small nails should be used to hang pictures, posters, etc. Holes caused by other more damaging instruments will subject TENANT deposit to deductible amounts accordingly. Please don't attach anything of permanent nature, as a penalty will result. Tenant Initials I -? Page 10 of 17 19. Prohibited Activities -The following are PROHIBITED in or around OWNERS Property and are subject to immediate action and/or removal by AGENT. a. Pets of any kind, including fish and aquariums. b. ;M C. Q.NC ;S NOT AERr3/'7 , ED inside any room within the apartments. Cigarette receptacles are provided on all levels of common decks to dispose of cigarette butts. c. Weight-lifting equipment (weighing more than a total of 25 pounds) in rooms, apartments. d. Bicycles, except when stored in students' rooms or in designated areas where they do not block fire exit routes. e. Motorcycles, except in authorized locations parking lot areas. f. Outside antennae for television or radio. g. Water beds, lofts, and illegal elevation or stacking of furniture. h. Unauthorized decoration of room, apartment, or suite surfaces or doors with paint or adhesive-backed wall coverings such as wallpaper or contact paper. i. No arms. Possession or use of firearms (including BB guns, pellet guns, spring-loaded guns, or paint ball guns), ammunition, fireworks, other dangerous weapons (including the following, which are illegal in Pennsylvania: chukka sticks, gravity knives, Billy clubs or nightsticks, blackjacks, metal knuckles, or wrist brace-type slingshots), or other dangerous substances are not permitted. J, Storage or use of flammable or explosive liquids or gases including lighter fluid is not permitted. k. Possession and/or use of electrical equipment and appliances in private bedroom areas. LE (microwaves, hotplates, mini fridges, electric heaters) is not allowed. 1. Tampering with or misuse of elevators or fire and safety equipment (e.g., fire alarms, door alarms, fire extinguishers, exit signs, emergency phones, fire doors, sprinklers, or smoke or heat sensors) and/or failure to respond to fire alarms, m. Propping open of units front door. n. Engaging in any other activity determined to be in violation of health, fire, safety, and/or maintenance codes. o. Possession or use of candles, incense, potpourri burners, charcoal or gas grills, space heaters, or anything that uses an open flame. p. Damaging or misusing OWNERS Property and/or the provided furniture (e.g., moving furniture from public areas into individual rooms, relocating or removing OWNERS Property from a room or building, or nailing hooks into OWNERS provided furniture, walls, ceilings, or doors). q. Removing room screens or safety bars, suspending articles from windows and/or ledges, or throwing objects of any kind from buildings or breezeways. r. Presence on building roof areas and window ledges or in other unauthorized areas. s. Playing ball, Frisbee, or any other sports in individual rooms or apartments. t. Disruptive behavior or excessive noise of any kind. u. Physical, verbal, or mental harassment of any individual. v. Changing or adding locks to individual room or apartment entrance doors. w. Amplification (electrical or otherwise) of any musical instrument, or playing of drums. x. Theft or unauthorized possession of OWNERS property or property that belongs to an individual or group. Y. Unauthorized entry into, tampering with, or use of facilities, property, services, or resources belonging to the OWNER, its community members, guests, or licensees. Ave "have read and understand the rules and regulations set forth in the rules and regulations. Furthermore, Itwe agree to comply with the rules and regulations set forth in the information above and understand that ANYviolation of these rules and regulations is grounds for eviction. Me further understand that the OWNER or AGENT may alter, add to or remove any of the above rules or regulations as long as tenant receives a written copy of that change. Tenant Signature J;Wkk Date . Page 11 of 17 FIXTUREIFUIMN l1' EIAR DANCE ADDENDUM TENANT )ltl[Y?iUI', ti(i?14T? PROPERTY ADDRESS: 2 Morningstar Lane 5- Room 3 _The following items are provided by the OWNER for TENANT's use Qx Electric Stove/ Range ?x Computer Desk Q Coffee Table Ox Light Fixtures nxx Computer Desk Chair Q End Table n Ceiling Fans Q Under Bed Chest of Drawers Q 3 Person Couch Qx Electric Water Heater Ox 36" X 80" Steel Bed Frame ?x Oversized Chair Qx Electric Heat Pump / Central Air Q Twin 36" X 80" Mattress Q Dining Room Table Full Size Washer and Dryer Smart Card Operated Qx Refrigerator Qx 4 Dining Room Chairs ?x Under Cabinet Microwave Qx Dishwasher n Mini Blinds n Cable Outlets / Jacks Q CATSE Outlets Z Under Cabinet Fire Extinguisher in Kitchen FX Fire Alarm System / Strobe Lights / Smoke/Fire Detection Devices & Sprinkler Heads / Fire Detectors` nx TENANT will maintain and test (Monthly) any smoke/fire detectors on the Property. TENANT will notify OWNER/AGENT of any smoke/ fire detectors that are not working properly immediately and request a repair or replacement. TENANT will pay for any damage to Property if TENANT fails to notify OWNER/AGENT of defective smoke/fire detectors. Fx All items on this addendum are to be maintained in good repair by TENANT. Appliances listed above are provided as a convenience for the TENANT. 'Items are not to be removed from the premises or rearranged within the apartment at any time without the expressed written consent of the OWNERIAGENT. 'NOTE: Any fixture / appliance / furniture supplied by OWNER shall be supplied in "as is" condition. OWNER/AGENT is not required to replace or repair such items if damaged or wom. TENANT is responsible for all repairs and maintenance of above items. A typed name in the signature box below constitutes a signature and agreement with the fixture/appliance/furniture Addendum. t enant Signature QM+LiJ? Date c5 - ?lL i t?` Page 12 of 17 CLEANING. REPAIR & REPLACEMENT SCHEDULE ADDENDUM CLEANING & REPAIR If prior to moving the items below are not cleaned and left in satisfactory condition, the following charges will be deducted from your security deposit. If the cumulative charges assessed are greater than the security deposit, the tenant will be responsible for the overage. The prices supplied for the items listed below are average prices, and If a higher cost is incurred for deaning or repairs, the tenant is responsible for the higher cost. Please note: even though this list is detailed, not all items potentially requiring cleaning or repair are listed. The TENANT will be charged if such items not listed require leaning or repair. •^ KITCHEN CLEAN ING Any Appliance $35 Tile Floor $20 Cabinet $35 Countertops $25 BEDt0Q.M_"EANLNG Carpet $35 Closet $15 Furniture $35 BATHROOM CLE ANING Tub / Shower $30 Toilet $20 Sink $10 Countertops $15 Tile $25 Mirror $10 LAUNDRYROOM CLEANING Washer $35 Dryer $35 Tile $15 LIVING ROOM Carpet $100 MISCELLANEOUS Furniture-any $35 Hole in wall $15-75 Trash removal $15/bag Painting $50 - 750 Fire extinguisher $25 Mini Blinds $40 Lost Smart Card $10 Clogged Toilet $50 REPLACEMENTS If any items are missing or damaged beyond reasonable 'Wear and tear", they must be replaced upon tenancy expiration / termination. All costs for items and any/all labor and service charges are the responsibility of the tenant. An average list of charges are fisted below, though these prices are subject to change. Window glass $75 - 250 Window Screen $75 Light bulbs $3 each Doors $75 - 450 Fire Extinguisher $50 Towel Bar $20 Countertops $100 - 500 Refrig. Shelves $30 Appliances $350 -750 Carpet $150 - 2000 Washer $750 Door Lock Code $40 Tile $250 -1000 Dryer $750 Mini Blinds $50 Bike Rack $50 Mirrors $75 Shower Rod $25 Light Globes $30 As a general rule of thumb, the TENANT is expected to leave the unit in the exact same or better condition it was prior to their occupancy. If any additional costs are incurred on the part of the AGENT/OWNER to return the unit to the exact same condition prior to occupancy is sole financial responsibility of the TENANT. We request that the units are treated with respect and kept in great condition for those to enjoy after your stay. The undersigned have fully read / understand / agree with the above schedules as evidenced by signing and understands that the Landlord/Landlord Agent reserves the right to change prices at iYs own discretion. Tenant Signature 4V Date I ?j-a(?1.`?l IAXU? Page 13 of 17 MADISON/CREEKSIDE/BROOKSIDE COURT INTERNET/NETWORK USAGE POLICY The Madison/Creekside/Brookside Court Apartments provided computer network system / internet access is owned, operated and maintained by OWNER/AGENT. It is provided as a tool for your success and a venue for reasonable recreation only. Downloading, uploading or otherwise transmitting any type of illegal content across this network is strictly prohibited. This includes trademarked, copyrighted and otherwise restricted materials. Any violation of these policies will result in corrective action including but not limited to revocation of internet/network access and/or eviction. Users have NO REASONABLE EXPECTATION OF PRIVACY while using this Network/Internet access. Any and all data contained herein may be monitored, intercepted, recorded, read, copied, or captured in any manner by authorized personnel. System personnel or supervisors may give law enforcement officials any potential evidence of crime, fraud, or user misconduct found on this and all connected computer systems. Furthermore, law enforcement officials may be authorized to access and collect evidence from this system. USE OF THIS SYSTEM/NETWORK/INTERNET ACCESS BY ANY USER, AUTHORIZED OR UNAUTHORIZED, CONSTITUTES EXPRESS CONSENT TO THIS MONITORING. PLEASE SIGN BELOW TO AGREE TO ALL THE CONDITIONS STATED ABOVE. Tenant Signature j k k? Date ~'1 t I Page 14 of 17 CAP H AM BrINYt' a/ana?cxra h .SaJCr TENANT NAME: ADDRESS: INVOICING ADDRESS: PAYMENT DISTRIBUTION: RESERVATION FEE: SPRING SEMESTER RENT: SUMMER SEMESTER RENT: FALL SEMESTER RENT: OTHER: TOTAL: [- CASH PAYMENT MONEY ORDER #: PAYLEASE: CHECK #: PAYEE: RECEIPT FOR PAYMENTS ?mk)L\ Tarr.. 2 Morningstar Lane 5- Room 3 Capital Asset Property Management LLC acknowledges the above received payments on the date entered on this form. AGENT: Date rime Field TENANT: Datefrime Field ACCOUNTING 1: Date/Time Field ACCOUNTING 2: Date/Time Field Page 15 of 17 DOOR LOCK CODE RELEASE FORM Tenant Name: 2 Morningstar Lane 5- Room 3 Lock Code: Door Lock Code Release: I understand that the code presented on this form has been generated by a random key code generator and that this code not only unlocks the front door to the apartment unit but also my individual room. In addition, I understand that this code is for my sole use and purpose and I agree to not share this code with anyone for security purposes (friends, family, roorrmates,etc.). If for any reason I request a change of my lock code I agree to pay the additional $40.00 code change charge per incident. Tenant Signature Date Page 16 of 17 Parking Permit and Washer/Dryer Registration Form 2010-2011 Personal Information Full Name p_ Student Standing Location Address 2 Morningstar Lane 5- Room 3 E-mail SINfC .t&I , Phone ;??k.[)-j = 4a l ' Wr.,4 Vehicle Information Make H ondo, Color 11 i? - Model Ciy1 c _ Year } lr% Drivers License # Drivers License State fa??( License Plate # VPA,L501 Office Use Only Issued By Permit # Washer/Dryer Card # Date/Time Field May 17, 2010 NOTICE: Capital Asset Property Management, Greenfield Property Development and its subsidiaries are not responsible for any theft, damage or accidents that may occur to arty vehicle while on MadisordCreekside/Brookside Court Property. It is the sole responsibility of the owner of the aforementioned vehicle to park in designated parking locations and remove all valuables from the vehicle when parking. If any vehicle is parked in a non-desgnated parking location, is abandoned, does not have a current license plate or does not have a current state inspection sticker, the vehicle will be towed at owners expense. Furthermore, resident must not block surrounding neighbors driveways or parking spaces. Resident may not wash or repair any vehicle on property grounds. If requested by property manager, resident must move vehicles immediately if necessary for lawn care or snow removal or any other reason. Parking on Madison/CreeksideBrookside Court Apartment Property is a privilege and may be revoked by management at any time if deemed necessary. Washer/Dryer cards must be returned to the MadisonlCreeksidelBrookside Court Office on or before your scheduled moved out date. A $10 fee will be deducted from your security deposit if the card has not been returned or has been damaged. Applicant/Lessee Signature: I &%U-J' 41 0-' "A typed name will be accepted as signature and is legally binding to the terms and conditions on this form. Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff Capital Asset Property Management, LLC : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. No. 2011-3549 ?} N Samuel Hampton, CIVIL ACTION zm m Defendant s c? PROOF OF SERVICE I, Nancy H. Meyers, Esquire hereby certify that the Complaint for the above captioned matter was delivered to the Defendant's attorney Jeff R. Lawrence, Esquire on May 2, 2011 by United States First-Class Certified Mail, postage prepaid, at the address as indicated below: Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 A copy of the signed United States Certified Mail Receipt is attached hereto. S By Dated: 51,33 1 11 77064 ro? b-n 7-- Zi er€ i> C111V111Gy 1."-. INV. 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Attorney for Plaintiff i ¦ 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 mallpiece, or on the front If space permits. 1. Article Addressed to: OX) 17?t a 7X) X 13 Agent ? Addressee 8. Received by (Printed Name) C. Date of Delivery Ti nCt CA I D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No MAY 2 2U11 3. Service Type Certlffed Mall p Express Mail C] Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted DelWery/? (Ekha Fee) ? Yas 2. Article Number 7010 1870 0002 0920 1073 (rMsffer from swvfw /aw PS Form 3811, February 2004 Domestic Return Receipt to2ssso2{aa, Salzmann Hughes, P.C. BY: Nancy H. Meyers. Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 Telephone: 717-263-2121 Fax 717-261-9998 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the , , day of \M a 2011, I served a true and correct copy of the foregoing document via United States, first class mail, postage prepaid, addressed as follows: Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 Attorney for Defendant Samuel Hampton Respectfully submitted, B SALZMANN HUGHES, P.C. Capital Asset Property Management, Plaintiff vs. Samuel Hampton, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-3549 CIVIL ACTION JOINT PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-captioned matter settled, satisfied and discontinued. SALZMANN HUGHES, P.C. Date: ?-d ?'-- j / NanO H. eyers, Esquire Attorney . . No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Attorney far Plaintiff MOONEY & ASSOCIATES Date: (J-2-1 11 6Jr7-e enc , ,squir Attorney I.D. No. ?ncj"1 ZS 2 South Hanover Street Carlisle, PA 17013 (717) 243-4770 Attorney for Defendant ? C-) o 0 r ' r CA C4 O Mr-i CDT =CD >= w ?rn