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HomeMy WebLinkAbout11-4565COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ADDRESS OF APPELLANT / CITY STATE ZIP CODE g I I e ,? i h p A d nIF 1"Z?` C S r '?l 7 D DATE OF JUDGMENT IN THE CASE (PlsrAM ( i 1 DOCKET No. SIGNATURE OF APPELLANT OR OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Somtum of RWlanaWy or Do" appellant was Clairna (see action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appeflee. PRAECIPE: To Prothonotary Enter rule upon I -'?'y f= appellee(s), to file a complaint in this appeal t'-- { I Name of appol"(s) (Common Pleas No. l S LO S ) within twenty (20) days after service of rule or ntry of judg t of non pros. S q Signature appen-torattomeyoregent RULE: To appellee(s) Name of 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: 5 - a S .20 (1 A or y o<nea+ty DAVM 0 9kAftL YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE FILED-OFFICE OF THE PROTHONOTARY 2011 MAY 25 AN 8 33 C LAND COUNTY P SYLVANIA % Qi.IS d ?14 R ? Q59 100 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prof of service MUST BE'FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 20 Signature of alfiant Signature of official before whom affidavit was made Title of official My commission expires on 20 . .. . I COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Jaye Smith V. Abdelahafour Errafi Abdelahafour Errafi Docket No: MJ-09305-LT-0000044-2011 303 E. Portland Case Filed: 5/2/2011 Mechanicsburg, PA 17055 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Abdelahafour Errafi Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09305-LT-0000044-2011 Jaye Smith Abdelahafour Errafi Judgment for Plaintiff 05/16/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Abdelahafour Errafi $0.00 $2,140.00 $2,140.00 Judgment Detail (*Post Judgment) In the matter of Jaye Smith vs. Abdelahafour Errafi on 5/16/2011 the disposition is J udgment for Plaintiff and j udgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $900.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $2,020.00 $2,020.00 Filing Fees $0.00 $120.00 $120.00 Grand Total: $2,140.00 Portion of iudr-.ent for phys-?3! d=!r»ges ?rising out of residential lease: $000 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 111-?`??' _ 6?So MDJS 315A Page 1 of 2 Printed: 05/16/2011 10:52:44AM Jaye Smith Docket No.: MJ-09305-LT-0000044-2011 v. Abdelahafour Errafi IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE 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. 6AX - Date Al?d' /t.111, Magisterial District Judge Mark M ofHbe p 0 ?i A. I rtin .. D 3- a I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315A Page 2 of 2 Printed: 05/16/2011 10:52:44AM ? tL?O-fl ?©N4? Attu fl t?? ENE PR ?? 11: 4? ?,p11 JUN -2 ANA ?13V9- ??t1pE?NS? ??t Rat R PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PE SYLV NIA COUNTY OF ?- ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) C>t ??,-20 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) S i F f on ? C21?:' _, 20_M_ sender's receipt attached hereto. (SWORN (AFFIRMED) ANDS BSCRIBED BEFORE ME THIS DAY OF 20 )v 070 ?eszl- Signs `677 t b re whom affidavit w made by personal servi by (certified) (registered) mail, Signature of affiant r? DL aI 3r3 sus Title of official , 20__jZ My commission expires on Tail My 6ol?t0? lfit/? IM?N ?9?M UUMMUNWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL I I DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. x NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. JGt f lr' f -7 /-' r Nvw uusi?. W NAME OF D.J ADDRESS OF APPELLANT i CITYr STATE ZIP CODE !1 C' fP r t °rc'{ 9 r ,%rA '9 "!F 7 p«" DATE OF)JUDGMENT IN THE CASE gF (PMnfW) .< nMl[FT Nn C? Vf ll:.. +P ,t^'j?' ru.. log, ^°4 PF ?. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SOWft- Of P-?--Wy -DepRy If appeRent was Clain FROM 1 R.C.P.D.J. No. 1001(6) before a District Justice, A, COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when oppellent was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appegee. PRAECIPE: To Prothonotary EM & rule upon III appellee(s), to file a complaint in this appeal Name of apW"(s) (Common Pleas No. Ii ) within twenty (20) days after service of rule or sWer'ilntry of judgp*nt of non pros. S07M re of appellant oratromey or agent RULE: To d} fir.',` .appal{ee(s) Name of app"Ws) (1) You are notified that a rule is hereby entered upon you to Me 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 13E ENTERED AGAINST YCPJ. fa) Th"*e?&RW ce of this rule if service was by mail is the date of the mailing. : 7 Ila (fit.' . . 20, { °. C5 A,V l b 0. &UE- ,' or t)sputy -YO4-"rWGLtlbE A. COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM-VAntTtff MTlCE OF APPEAL. AOPC 312-62 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE 0 , JAYE SMITH and BRIAN HOFFMAN :COURT OF COMMON PLEAS PLAINTIFFS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. ABDELGHAFOUR ERRAFI DEFENDANT NO. 2011-4565 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ABDELGHAFOUR ERRAFI 5211 E. Trindle Road, Mechanicsburg, PA 17050 You are hereby notified to file a written response to the enclosed Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: June 13, 201.1 Jay Smith JAYE SMITH and BRIAN HOFFMAN :COURT OF COMMON PLEAS PLAINTIFFS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ABDELGHAFOUR ERRAFI DEFENDANT NO. 2011-4565 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 2 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 3 A V I S O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN BOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 4 JAYE SMITH and BRIAN HOFFMAN :COURT OF COMMON PLEAS PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ABDELGHAFOUR ERRAFI DEFENDANT NO. 2011-4565 JURY TRIAL DEMANDED COMPLAINT AND NOW, COME Plaintiff's, Jaye Smith and Brian Hoffman and files this Complaint: 1. Plaintiff's are Jaye Smith and Brian Hoffman (hereinafter "Plaintiff's"), adult individuals residing at 5219 Terrace Road, Mechanicsburg, Pennsylvania, 17050. 2. Defendant, is Abdelghafour Errafi (hereinafter "Defendant"), an adult individual residing at 5211 E. Trindle Road, Mechanicsburg, Pennsylvania, 17050. 3. Plaintiff's owns the real property located at 303 E. Portland Street, Mechanicsburg, Pennsylvania, 17055. 4. On or about July 29, 2009, Defendant entered into a lease agreement with Plaintiff's for the rental of 303 E. Portland Street, Mechanicsburg, Pennsylvania, 17055. (hereinafter "the Property"). Attached as Exhibit A, is a true and correct copy of said lease agreement. 5 5. The lease agreement was for a period of one year with rent being eight hundred dollars ($800.00) a month. 6. The lease agreement called an eight hundred dollars ($800.00) security deposit against damage to the rental property. 7. On June 28, 2010, Plaintiff's sent notice to Defendant by certified mail that rent would increase to Nine Hundred Dollars ($900.00) a month and that a new lease would have to be signed. 8. A new one year lease was sent via certified mail on June 28, 2010 and also regular mail. 9. The certified letter was returned and marked "unclaimed." 10. Since Defendant refused to sign a new lease, the lease reverted to month to month. 11. While consistently being late, Defendant failed to pay rent in August of 2010. 12. In August of 2010, legal action was instituted to collect past due rent based on the $900.00 per month and a judgment was entered against the Defendant. 13. On September 9, 2010, the judgment was satisfied. 14. On April 15, 2011, Plaintiff's sent a Notice to Quit and posted on door asking Defendant to vacate the property. 6 15. On April 27, 2011, Defendant promised to pay the past due rent. 16. On April 28, 2011, Plaintiff's called again to confirm payment was forthcoming. 17. With no rental payment received, on May 2, 2011, Plaintiff's filed for eviction seeking possession and rent for April and May of 2011, late fees and costs. 18. Possession was granted and Defendant has moved out of the rental property. 7 COUNT I - BREACH OF CONTRACT FAILURE TO PAY RENT 19. Plaintiffs avers each and every allegation set forth in Paragraphs 1 through 18 of the Complaint and incorporates each and every one herein by reference as previously set forth herein. 20. The parties had a written contract for the lease of 303 E. Portland Street, Mechanicsburg, Pennsylvania, 17055 which has been attached to this complaint. 21. The monthly rental amount was increased to $900.00 which was paid numerous times by the Defendant. 22. Defendant failed to pay rent for April and May of 2011, totaling $ 1,800.00 in past due rent. 23. Paragraph. 19 of the lease provides that late charges will be paid of $25 for the first 5 days and $5 for each day thereafter. 24. The late fees for April are $25 plus $5 per day times 69 days totaling $370.00. 25. The late fees for May are $25 plus $5 per day times 39 days totaling $220.00. 8 26. Plaintiff's have spent $120.00 in legal costs and expenses which are recoverable based on paragraph 21 of the lease. WHEREFORE, Plaintiff's, Jaye Smith and Brian Hoffman hereby demand judgment in their favor and against Defendant Abdelghafour Errafi in an amount which equals $2,510.00an amount that does not exceed the jurisdictional limit for mandatory arbitration, plus costs of suit, reasonable attorneys fees and interest. COUNT II - BREACH OF CONTRACT DAMAGES TO RENTAL PROPERTY 27. Plaintiff's avers each and every allegation set forth in Paragraphs 1 through 26 of the Complaint and incorporates each and every one herein by reference as previously set forth herein. 28. The parties had a written contract for the lease of 303 E. Portland Street, Mechanicsburg, Pennsylvania, 17055 which has been attached to this complaint. 29. Paragraph 12 of the lease provides that Defendant is responsible for all damages to the rental property. 9 ' ll J 30. Upon inspection of the rental property after Defendant's departure, Plaintiff's found the following items in need of repair: a. Back door Glass broken and would not close tight $199.28 b. Labor to install $200.00 c. Materials needed to repair and replace door and screen door $90.00 d. Front door screen door $102.82 e. Labor to install screen door $100.00 f. 84 Holes in walls throughout the house $84.00 g. Installation of ceiling fan and electrical work $63.57 h. Reinstall sump pump wiring (torn from wall) $150.00 i. Replace Gas Stove $507.74 j. Front Porch Light - globe missing k. Bedroom Door (Missing) INCLUDING HINGES AND LOCKS $50.40 1. Plumbing work $120.00 m. Hinges on shed plus labor to install (Doors had been pulled off) $10.46 n. Removal of trash from sheds and basement o. Cleaning of kitchen/bathroom p. Broken glass on front window $35.00 31. Th e damages totaled $1,713.27. 32. Defendant has a $800.00 security deposit which has been deducted from this amount leaving a balance of $913.27 WHEREFORE, Plaintiff's, Jaye Smith and Brian Hoffman, hereby demand judgment in their favor and against Defendant Abdelghafour Errafi in an amount which equals $913.27 an amount that does not exceed the jurisdictional limit for mandatory arbitration, plus costs of suit, reasonable attorneys fees and interest„ 10 I., Respectfully submitted, Jaye Smith Date: 11 VERIFICATION We, Jaye Smith and Brian Hoffman, verify that the statements made in the foregoing document(s) are true and correct. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ?cQ1 Jay Smith Date: .4- 4v? Brian H fman 12 Pennsylvania Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this 29"' day of July 2009 by and between Jaye Smith and Brian Hoffinan (hereinafter referred to as "Landlord") and Ben Errafi (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Cumberland County, Pennsylvania, such real property having a street address of 303 E. Portland St. Mechanicsburg, PA 17055 (hereinafter referred to as the "Premises"). WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of one (1) year, such term beginning on July 29, 2009 and ending at 11:59 PM on July 28, 2010. 2. RENT. The total rent for the term hereof is the sum of Nine Thousand Six Hundred Dollars ($9,600.00) payable on the first (1st) day of each month of the term, in equal installments. of Eight Hundred dollars ($ 800.00). All such payments shall be made to Landlord at Landlord's address as set forth in this Agreement on or before the due date and without demand. The first such payment will be July 29th for a sum of Eight Hundred ($800.00) dollars.. 3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of Eight Hundred dollars ($ 800.00) receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. 4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of 4 persons, exclusively, as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair; and in a safe, clean and tenantable condition. 6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written . % consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent, to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. 8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS. Tenant shall riot keep on the Premises any item of a .dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises with the exception of sewage and trash. 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Any damage to any. such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent' or "vacancy" signs on the Premises at any time within forty- • five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any.and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all. renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. TENANTS HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from year-to-year shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof. Such tenancy shall be terminable upon thirty (30) days written notice served by either party at the end of the lease term. 30 day notice must be given if the intent is not to renew the lease. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. QUIET ENJOYMENT. If tenant promptly pays the rent and obeys all of the terms of this lease, the tenant may remain in and use the leased premises without interference by landlord. 18. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 19. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within five (5) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of Twenty five dollars ($25.00) and five ($5.00) a day thereafter. 20. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent.that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 21. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 22. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Pennsylvania. 23. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this r ' .'.'4 Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 24. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 25. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 26. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 27. PETS. Tenant may not allow or keep any pet in the leased premises. 28. ADDITIONAL PROVISIONS; DISCLOSURES. The tenant is responsible for mowing the grass and keeping the sidewalks clear of snow and ice. As to Landlord this day of v ` . , 20 L LANDLORD: Sign.... Print: Date: 7-,-N-07 As to Tenant, this Q 1? day of 200. TENANT Sign: Print: Date: Landlord Address: Brian Hoffman 5219 Terrace Road Mechanicsburg, PA 17050 Telephone 717-731-1528 JAYE SMITH and BRIAN HOFFMAN : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ABDELGHAFOUR ERRAFI :NO. 2011-4565 DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jaye Smith, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: Certified Mail, Restricted Delivery, Return Receipt Requested, and Regular First Class Mail addressed as follows: Abdelahafour Errafi 5211 E. Trindle Road Mechanicsburg, PA 1.7050 Date: 6 ) I? 10q'Q? ? Jay Sm th cO 5T _ s TJ C) 13 " S '1')7 , 6^A C"-) `,? ( ?I I I ?, /-"? -,? , , C', n 1 a f (? Jri f1^ `'.lj 7, 0 40 t - `? ' A.??°?-??fi?•?g??l?r ? ? i fi(' 4i L..A-vV- 6-27-20 1 Sw- (e -? ill? 1 '? t-S f 1 A?J I Abdel hafour Errafi wish to enter this letter in response to Case No. 2011-4565 for defense of my situation. The following are a list of situations in this case that show negligence on the part of the 1) T 2) I 3) ( 4) I 5) I 6) I 7) I 8) I 9) If Si tv r U-a CL- c ot-- o ? •c LO- a a Ad in the house. >or in Bathroom was in need of repair and never worked on. rpet needed shampoo or changed. Neither was done. ad to change the toilet myself as it was defective and landlord refused to fix. ad to shampoo the carpet twice by myself as the landlord would not do it. ad basement flooding and extremely bad odor. -placed the smelly gas stove (broken) with an electric one at my cost. ave in my possession pictures of the mold in the house. e mold situation has caused illness to my family and visitors and made it cessary for them to move to a safe place on May 1, 2011. are any other questions I will be willing to address them at my appearance. ly. Abdelghafour Errafi jr-,-i, l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J cry e_ ?"??a \ a? Plaintiff LISb? 20 tit NO. VS. _U ?• ??.. n C" bae? U. ' ?= c??. oQ r Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantiaFy the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ??tE? a-?or ?SvV, counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ .? i a? • Q The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ~ ?PQ.NP tZ 9NQ s S"O WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ?? ?al?,pp Pd ?1? ORDER OF COURT -41 AND NOW, _ 1200 in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?l sc? 20 11 vs. I.. 'p - . , .t . -7u ED 00 C:) Defendant RULE, 1312-1 The Petition for Appointment of Arbitrators shall be substantia l the - F Following form: ' CD c.y W PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ?ae123\ar• ?py,^j counsel for the plaintiff/defendant ie above ' „ action (or actions), respectfully represents that: rri - W 1. The above-captioned action (or actions) is (are) at issue. G 3 - 0 :;0 2. The claim of plaintiff in the action is $ -3 - -? -V The counterclaim of the defendant in the action is t- M-° C N The following attorneys are interested in the case(s) as counsel or are otherwise disq ualifot td tart as arbitrators: ??- t< 1Rv S .S13 Ust5 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, t ORDER OF COURT OVna %-a4-6o ?A f "T C e atcaq AND NOW, -,200/ in consideration of the foregoing petition, Iv. In Esq., and Esq., and At- ?- Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. CC 6 'jR7e _,,,st4 /,;a, )q ,-, 4 ;ka By the Court, vk??. /a hde l y c k rr??; 4 or Kevin A. ss, P.J. A l-ec( Cllr //i JAYE SMITH and BRIAN HOFFMAN Plaintiff ABDELGHAFOUR ERAFFI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2011-4565 APPOINTMENT OF ARBITRATOR AND NOW, this 21' da of September, 2011, Andrew Dollman, Esquire is appointed arbitrator in the above-captioned action to serve instead of Wade Manley, Esquire who was previously appointed. BY THE COURT: Kevin Copy To: ?JAYE SMITH and BRIAN HOFFMAN, Plaintiffs ABDELGHAFOUR ERAFFI Marylou Matas, Esquire Wade Manley, Esquire Andrew Dollman, Esquire Robert G. Frey, Esquire Copes 1?a.%d -11d. /I , P.J. r .z L-• CC) TS t '? ..? tV . , -n 4/<< .?G. L Sw.? ?'n 0..w r Plaintiff r.. ?4 1 t%4, ?D? ?? ??? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 20/f - ?ST6 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the d ' s of our office with fidelity. -rV-1 [i k- Signature Sign re Sign ure s SOu NaV?o?Rf'? Address (Z61 Name Law Firm -Z? Address ,17 (ek Name A ?10 il n so n Law Firm I S4-ee4 (6/ /' IarAddress ?° « I- 3 X1/4 (,3 4 P 70t City, Zip City, Zip City, / Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) A . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 9 Z t Date of Award.: 2 I Notice of Entry of Award Now, the 0 s¢day of 20 at / ,J ? .M., the above award was entered upon the docket and notice th reof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ (Chairman) Name Law Firm 1: -If Prothon ry Deputy fEE` PPOTHONUTA} e{. 4?1311SEP21 PM 1•, U PENNSYLVANIA jar, 8 cy n ?- ;$4a n ?i?L