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Home My WebLink About11-4640COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT ? I COMMON PLEAS No. '- lQ u 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 Magisterial District Judge on the date and in the case referenced below. Chateau Terrace Apartments Harold E. Bender ?? ''IT b I A l t ZIP CODE c/o PMI, 1300 Market Street, Suite 201 Lemoyne PA 17043 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 5/19/11 Chateau Terrace Apartments Clifford Hogue and Samantha Hogue DOCKET No. SIGN U OF APPELLANT OR ATTORNEY OR AGENT LT53-2011 This block will be signed ONLY when this notation is required under^ R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. Signature of appellant or attorney or agent RULE: To , appellee(s) Name ofappellee(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. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. AOPC 312-05 HLED-0F FICE F THE PROTHONOTA 21111 MAY 27 AM 10= 04 CU PENltSYLVANIANTY p? asp gy s 05/26/2011 11:40 FAX 717 730 4140 05/20/2011 15:17 FAX I COMMONINMTH OF PENMBYLVANIA C"TY Of CUMSMAND MDJ No: MatOn" Fisrotd E. Be dsr 35wed0 --stmt Sh"wabay, PA 17257 717-m7d70 FNe Copy PNI la 001/002 is 001/002 Notlco of Judg~VTnin"11" R®sMentta.l Lowe Chalau Teffsoe App V. 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Ppm OTAt4YltXM ap COURM OF THE COURT OF CONNO M K2^ CM pMMM TM PARTY ML Wa All APPEAL MUST MUM A MW OF TM kW= OF VTOANOCWT POMM VOTH THE NOT= OF WW: AP AMOM Of ffill I TO MM ME PEAL IRT N MPT M THE Rt1{.S of MOL MRpA04li FM MAONTM ft OfMINCT ?{IpOyy IF "G dNONt Wff M TM CO MT OF COUNIpM PLEAk ALL PLC POM Oti U MIJIT COME PROM IM COW OF W-1-011 PLEAS ANO NO RAM M PF4CMM Wr M:IiNiMI 0Y M IMUNITINK MV IWI J{R7t uteJU THE JLVWApT N ENri IN TM CONRT OP P1IM10N pL&W AWfOO NI g D M THE .RRIOSIT MAY PL@ A lYni WAV Mt COMPLam W"w T MAiIMTM IMIIL DIMTISOT JllOOE Mr TII! .t{lOMlil r DEE i0R MYi M AiLi, SSTRMI, On acalmy- Orl. ? MwoM E. S.aiw 1 e?y ?h.l I. a 1nae Dana mor d 1t,. .oW a ri. proasdY,o, oon{,i th. MR! Di1e Id D"JvdpH"WE wndw MDJS!11A P"S2or2 p"Wasmaml Iaftj m F THE PRO iH? l?? ?T R it' CUMBER" No PE"SYLVANI,4 +'f COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CHATEAU TERRACE ASSOCIATES, by its general partner, John Rhodes, t/a CHATEAU TERRACE APARTMENTS, Plaintiff V. CLIFFORD HOGUE and SAMANTHA HOGUE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. j I- qU _q () CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance in this case on behalf of the Plaintiff. Papers may be served at the address indicated hereon. Date: 5- a1 )) ? Respectfully COHEN SEGL ?PALLAS GREENHAL & FURMAN, P.C. By: Steven M. Williams, PA I.D. # 62051 silliams@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing document was sent by certified mail, return receipt requested, this day to the following: Clifford Hogue Samantha Hogue 304 N. Fayette St., Apt. 510 Shippensburg, PA 17257 Defendants Date: S I1-1 \) Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman PC By: Alison A. Zortman, Le Assistant 240 North Third Stree ? Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1305240-v1 - 'k . FILF -0,M" THE PO i HONOTARY 21111 1.1 '! IN] 14 A 11111 : 0 ?5 COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CHATEAU TERRACE ASSOCIATES, by its general partner, John Rhodes, t/a CHATEAU TERRACE APARTMENTS, Plaintiff V. CLIFFORD HOGUE and SAMANTHA HOGUE, Defendants CIUMBFKAND COUNTY PEIM SYLVANIPk IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 11-4640 CIVIL ACTION - LAW NOTICE TO DEFEND 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 by 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 FINDING A LAWYER. 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. The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 This letter is an attempt by a debt collector to collect a debt, and any information obtained will be sued for that purpose. CHATEAU TERRACE ASSOCIATES, by its general partner, John Rhodes, t/a CHATEAU TERRACE APARTMENTS, Plaintiff V. CLIFFORD HOGUE and SAMANTHA HOGUE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4640 CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Chateau Terrace Associates, by its general partner, John Rhodes, t/a Chateau Terrace Apartments, by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., and files this Complaint, stating the following: Parties and Jurisdiction 1. Plaintiff, Chateau Terrace Associates ("Chateau"), is a Pennsylvania limited partnership whose business address is 304 North Fayette Street, Suite 500, Shippensburg, Cumberland County, Pennsylvania. Chateau's general partner is John Rhodes, and it trades and does business under the registered fictitious name, Chateau Terrace Apartments. 2. Chateau owns and operates the apartment community known as Chateau Terrace Apartments (the "Community") located in Shippensburg, Cumberland County, Pennsylvania. 3. Defendants, Clifford Hogue and Samantha Hogue, husband and wife, are adult individuals who reside in the Community at the premises known and numbered as 304 North Fayette Street, Suite 510, Shippensburg, Cumberland County, Pennsylvania (the "Premises"). 4. Jurisdiction and venue are proper in this Court because the property that is the subject of this action is located, Defendants reside, and Plaintiff's cause of action arose, in Cumberland County. 5. The amount in controversy in this case does not exceed $50,000 as required by the Cumberland County Rules regarding compulsory arbitration. Facts Applicable to all Counts 6. Paragraphs 1 through 5 hereof are incorporated herein by reference as if fully set forth. 7. In or about January 2011, Chateau, as landlord, and Defendants, as tenant, entered into Rental Agreement (the "Lease") whereby Defendants leased the Premises from Chateau under and pursuant to the terms of the Lease. A true and correct copy of the Lease is attached hereto as Exhibit A and is incorporated herein by reference. 8. Defendants took possession of the Premises on or about January 14, 2011. 9. The term of the Lease is one year and eighteen days, beginning on January 14, 2011 and ending on January 31, 2012. 10. At or about the same time that they entered into the Lease, Chateau and Defendants entered into a "Move-in Special" Lease Addendum (the "Rent Addendum"). A true and correct copy of the Rent Addendum is attached to the Lease (Exhibit A) and is incorporated herein by reference. 11. The rental amount payable by Defendants under the Lease is $795 per month, and is due and payable, in advance, on the first day of each month. 2 12. In accordance with the Rent Addendum, Defendants were provided a rent concession in the amount of $100 per month (the "Rent Concessions") for the first twelve full months of the Lease term (i.e., February 2011 through January 2012). Thus, subject to the terms of the Rent Addendum, Defendants were obligated to pay rent in the amount of $695.00 per month. 13. In the event of an early termination of the lease or an eviction, the Rent Addendum obligates Defendants to pay back the Rent Concessions they have received under the Rent Addendum. 14. In accordance with the Lease, Defendants are obligated to pay a 10% late charge if rent is not paid by the fifth day of each month. 15. The Lease states, in pertinent part: "Resident agrees not to have any pet or pets in the apartment without a fully executed pet lease addendum by Landlord and Resident." 16. On or about February 7, 2011, Chateau learned that Defendants had a Huskie (the "First Dog") living in the Premises. 17. Defendants did not seek Chateau's consent, and they did not execute a pet lease addendum, prior to bringing the First Dog into the Premises. 18. By letter dated February 7, 2011, Chateau notified Defendants that they are in default of the Lease for failing to obtain Chateau's consent and executing a pet lease addendum prior to bringing the First Dog into the Premises. 19. On or about February 8, 2011, Defendants executed a Pet Lease Addendum (the "Pet Addendum"), by which Chateau consented to Defendants having the First Dog in the Premises. A true and correct copy of the Pet Addendum is attached hereto as Exhibit B and is 3 incorporated herein by reference. (The Lease, Rent Addendum and Pet Addendum are sometimes collectively referred to hereinafter as the "Lease".) 20. The Pet Addendum states, in pertinent part: [Defendants] hereby agree to comply with the following pet rules and regulations of the [Community]. We understand that violation [sic] of any of the rules and regulations listed below will result in the immediate cancellation of this Pet Lease Addendum and eviction of the pet(s) listed above. 21. Pursuant to the Pet Addendum, Defendants agreed, inter alia: a. to pay, as additional rent, a monthly pet rental fee each month in the amount of $25.00, which is due and payable, in advance, on the first day of each month (the "Pet Rental Fee"), b. to pay a 10% late charge if the monthly fee is not paid by the fifth day of each month, c. that only the pet(s) listed on the Pet Addendum were allowed to live in the Premises, d. that dogs may relieve themselves only in designated areas in the Community and that Defendants were responsible to clean up after their pet(s), and to pay a non-refundable Initial Pet Fee (the "Initial Pet Fee") in the amount of $200. 22. Despite demand, Defendants have never paid the Initial Pet Fee or the Pet Rental Fees. 23. On or about February 21, 2011, Chateau learned that Defendants had a German Shepherd (the "Second Dog") living in the Premises. 4 24. Defendants did not seek Chateau's consent, and they did not execute a pet lease addendum, prior to bringing the Second Dog into the Premises. 25. During the term of the Lease, among other things, Defendants have: a. failed, on repeated occasions, to pay rent, as and when due, b. repeatedly created boisterous and disturbing conditions that interfered with other residents' quiet enjoyment of their apartments, c. repeatedly allowed unauthorized residents to reside in the Premises, d. repeatedly invited into the Community and Premises persons who had been banned from the Community by Plaintiff, e. allowed an unauthorized dog to be in the Premises, unattended for a long period of time, which created a nuisance for other residents in the Community, f. painted vulgar and offensive words on one of their vehicles that was kept in the Community, g. kept uninspected and unregistered vehicles in the Community, and h. failed to clean up after their dogs. (The foregoing, together with the actions described in paragraphs 15 - 24 hereof relating to the Pet Addendum violations, are collectively referred to in this Complaint as "Defendants' Actions") 26. On March 25, 2011, Chateau filed a Landlord and Tenant Complaint against Defendants in the office of Magisterial District Judge Harold E. Bender (Mag.Dist.No. 09-3-01), docketed to LT 39-11 (the "March LT"). 5 27. After judgment was entered on the March LT in favor of Chateau, Chateau incurred constable costs in the amount of $128.10 (the "Constable Costs"), which are due and payable to Chateau from Defendants. 28. On May 6, 2011, Chateau initiated this action by filing a Landlord and Tenant Complaint against Defendants in the office of Magisterial District Judge Harold E. Bender (Mag.Dist.No. 09-3-01), docketed to LT 53-11 (the "May LT"), seeking possession of the Premises and certain amounts owed by Defendants. 29. After judgment was entered on the May LT, partially in favor of Chateau, which included court costs to Chateau in the amount of $132.60 (the "May LT Court Costs"), but did not grant possession to Chateau, Chateau appealed to this Court. 30. By initiating this action, Chateau has terminated, or seeks to terminate, the Lease. Count I - Breach of Contract Money Damages 31. Paragraphs 1 through 30 hereof are incorporated herein by reference as if fully set forth. 32. The Lease constitutes a legally binding contract between Chateau and Defendants. 33. Defendants' Actions constitute material breaches of the Lease. 34. Chateau has fully performed all of its obligations under the Lease. 35. The Lease does not require any notice of default. 36. As a result of Defendant's material breach of the Lease, Chateau has suffered damages as aforesaid and is entitled to the relief requested herein. 6 37. Accordingly, Chateau is entitled to recover from Defendants the amount of $2,639.70, which is comprised of the following: $795.00 May 2011 Rent $795.00 June 2011 Rent $300.00 Initial Pet Fee and Pet Rental Fees through June 2011 $189.00 Late Fees through June 2011 $300.00 Rent Concessions Reimbursement $128.10 Constable Fees $132.60 May LT Court Costs, together with rent and Pet Rental Fees that accrue from July 1, 2011 through the date of judgment at the rate of $820.00 per month and late fees that accrue thereon at the rate of $82.00 per month. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in the amount of $2,639.70, as alleged herein, together with rent and Pet Rental Fees that accrue from July 1, 2011 through the date of judgment at the rate of $820.00 per month, late fees that accrue thereon at the rate of $82.00 per month, pre judgment and post judgment interest at the legal rate, the costs of this action and such other relief as this Court deems just and appropriate. Count II - Breach of Contract Possession of Premises 38. Paragraphs 1 through 37 hereof are incorporated herein by reference as if fully set forth. 39. The Lease constitutes a legally binding contract between Chateau and Defendants. 40. Defendants' Actions constitute material breaches of the Lease. 41. Chateau has fully performed all of its obligations under the Lease. 7 42. The Lease does not require any notice of default. 43. Pursuant to the Lease, no notice to quit is required to be given in connection with the filing of an eviction action against Defendants. 44. As a result of Defendant's material breach of the Lease, Chateau has suffered damages as aforesaid and is entitled to the relief requested herein. 45. As a consequence of the foregoing, Defendants have no rights to remain in possession of the Premises. 46. Accordingly, Chateau is entitled to recover possession of the Premises from Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants and award possession of the Premises to Plaintiff, as well as the costs of this action and such other relief as this Court deems just and appropriate. Date: /j Respectfully submitted, COHEN SEGLI PALLAS GREENH L & FURMAN, P.C. By: Steven M. Williams, PA I.D. # 62051 silliams@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 8 RENTAL A GREEMENT PARTIES SPECIFICS A. This Agreement is made between Property Management, Inc., as Agents for: Chateau Terrace Apartments hereunder designated "Landlord," and the following named Individuals, hereunder designated "Resident." I • Clifford Hogue 2. Samantha Hogue 3. 4. 5. 6. It is agreed that no orte will live in this dwelling other than those named above. B. It is agreed that the Landlord rents the Resident the specific dwelling, at the rental charge, security deposit and for the period of time; all as indicated below: DWELLING ADDRESS TYPE LEASE DATES MOVE-IN DATE From: 1 /14/2011 1 /14/2011 304 N. Fayette St. Apt 510 2 bdrm, 1 ba To: 1/31/2012 Resident# Shippensburg, Pa. 17257 MONTHLY RENT SECURITY DEPOSIT PRO-RATA RENT OTHER CHARGES $795.00 $100.00 $100/mo concession SECURITY C. DEPOSIT UTILITIES D. RENT PAYMENT E. The Security Deposit in the amount indicated above will be deposited in the account of. Clifford & Samantha Hogue in an interest-bearing account at: Citizens Bank On the second (2nd) anniversary of the lease, interest will begin to accrue on the deposit (if it exceeds $100.00) and will be paid to the Resident in accordance with the statutes of the Commonwealth of Pennsylvania. It is agreed that utilities shall be paid by the party indicated on the following chart. UTILITY LANDLORD RESIDENT Electricity Xxx Gas oil Water n/a xxx Sewage xxx Trash Removal xxx Phone xxx Cable All rent is due and payable by check or money order at the management office on or before the first (I st) day of every month. NO CASH WILL BE ACCEPTED. MAKE CHECKS OR MONEY ORDERS PAYABLE TO and MAIL or DELIVER TO: Chateau Terrace Apartments 304 N. Fayette Street, Apt. 500 Shippensburg, PA 17257 LATE CHARGE F. A late charge of 10% will be added to any full or partial monthly rent not received in the office by the 5'h of the month. Initial rj q Page 1 of 4 BAD CHECKS G. Any check not cleared by the Resident's bank will be considered late rent and will be subject to a returned check charge (the greater of $20.00 or the actual amount of fees charged by the Landlord's financial institution) plus the late charge. RENEWAL H. After the initial period, this Agreement Renews Automatically for a 60 day period and continues to renew for 60 day periods unless 60 days' written termination notice is given by either party. Resident may renew this Agreement for one year by written request and at the prevailing market rent for the unit at the property. If Resident wishes to vacate at the end of their initial lease period without further obligation, then Resident must give written notice 60 days in advance of lease expiration date. RENT INCREASE I. After the initial period, the monthly rent may be increased by the Landlord giving 60 days' written notice to the Resident of the increase. MOVE-OUT J. Resident agrees not to vacate the dwelling or move without providing 60 days advance written notice to the landlord. Resident also agrees that any possessions remaining in the dwelling after a move-out are abandoned by Resident, and Resident agrees to pay the cost of removal and disposal of these possessions. Resident agrees to vacate the dwelling at the end of the term, leaving property clean and in good order. Resident agrees to jointly inspect the dwelling with person from management staff, indicating then existing conditions, sign and date form, and give a forwarding address. EARLY K. Resident agrees to be responsible for the monthly rent for the entire period of this Agreement, even if Resident TERMINATION moves out early with or without permission of the Landlord. In addition, Resident agrees to pay a fee in an amount equal to one month's rent to cover costs of refurbishing and renting the apartment if the Resident moves out before the end of the initial period of this Rental Agreement. LEASE VIOLATION L. Resident understands that the Landlord will exercise necessary actions and due processes of law to collect / DEFAULT IN damages and money owing to the property based on the then-applicable laws of Pennsylvania, including RENT eviction proceeding when necessary. All of the provisions pertaining to notice to be given by the Landlord to the Resident as set forth in the Act of April 6, 1951 P.L. 69 are hereby waived by the Resident. All notices required under this Agreement shall be in writing and served on the Resident by mailing same to the address specified above. In the event of default by the Resident (either nonpayment of rent when due, or by the failure to abide by the terms of this lease, or by violation of any governmental statutes or regulations), Resident waives the requirement of any notice to quit. Resident hereby authorizes and empowers any attorney or any court of records of Pennsylvania to appear on behalf of Resident and confess judgment against Resident and in favor of Landlord in amicable action of ejectment of the premises, and Resident authorizes the immediate issuing of a writ of possession for the premises. These powers granted shall not be exhausted by one exercise, and may be exercised during any extension of the initial term of this lease as well as during the initial term itself. DAMAGE M. Damage to the Property caused by Resident, Resident's family, or Resident's guests, will be repaired and costs billed to the Resident and payable on demand. REPAIRS N. Resident must notify management at the office in writing and verbally of any problem in the apartment or house. The Resident will be advised if the Resident should have repairs done by an authorized outside contractor, or if repairs will be completed by the Landlord. ACCESS TO O. Resident understands that management will enter Resident's apartment from time to time to inspect and APARTMENT maintain equipment, appliances, and safety conditions. Advance notices will be given to Resident whenever possible. In case of emergency, no notice is required. CARE OF P. Resident is responsible for keeping the apartment, entryway, patio and grounds clean and neat at all times, and PROPERTY in compliance with the property rules which are hereby made a part of this lease. SMOKE Q. Resident is responsible for maintaining the smoke detector, if installed in the apartment, in working order at all DETECTORS times. NO PETS R. Resident agrees not to have any pet or pets in the apartment without a fully executed pet lease addendum by Landlord and Resident. INSURANCE S. Resident must insure Resident's own furnishings and family. The property insurance does not cover any damages to a Resident or the property of a Resident for any reason, including fire, water leaks, equipment failures, vandalism, theft, smoke, electrical malfunctions, or any cause. WARRANT T. A copy of this Rental Agreement shall be sufficient warrant filed with a confession of judgment for rent unpaid or upon confession of judgment in ejectment, by "Landlord" to the local District Justice. SUBORDINATION U. The rights of Resident are subject and subordinate to the rights of any mortgagee which now or hereafter hold a lien upon the Landlord's interest in the Premises. C? IS14 Page 2 of 4 Initial TOBACCO V. If Resident elects to allow tobacco smoking in the apartment leased in this agreement, then any unrestored smoke-related damage will not be considered "normal wear and tear". Any additional cleaning, painting, or replacement due to smoke damage may be chargeable to the resident upon move-out. MOLD W. To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the following: I ) MOISTURE ACCUMULATION. Resident shall remove any visible moisture accumulation in or on the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up spills and thoroughly dry affected area as soon as possible after occurrence; use exhaust fans in the kitchen and bathroom when necessary; and keep climate and moisture in the Leased Premises at reasonable levels. 2) APARTMENT CLEANLINESS. Resident shall clean and dust the Leased Premises regularly, and shall keep the Leased Premises, particularly kitchen and bath, clean. 3) NOTIFICATION OF MANAGEMENT. Resident shall promptly notify management in writing of the presence of the following conditions: i. A water leak, excessive moisture, or standing water inside the Leased Premises. ii. Mold growth in or on the Leased Premises that persists after Resident has tried several times to remove it with household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. iii. A malfunction in any part of the heating, air-conditioning, or ventilation system in the Leased Premises. 4) LIABILITY. Resident may be liable to Owner for damages sustained to the Leased Premises or to Resident's person or property as a result of Resident's failure to comply with the terms of this section. 5) VIOLATION. Violation of any item in this section shall be deemed a material violation under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies it possesses against Resident at law or in equity. PROPERTY RULES AND GUIDELINES RESIDENTS AGREE TO 1. Request assistance from the Landlord for instruction and help It. Playing of radios, stereos, TV or musical instruments between the regarding the operation and care of each appliance or any physical part of the hours of 11:00 PM and 8:00 AM at loud volumes is strictly prohibited. At no apartment including doors, windows, lights, plumbing, floors, walls, and the time may any noise be audible outside of the apartment/house. appliances. 12. Only standard picture hangers may be used for hanging pictures, 2. Patios, balconies, and windows may be decorated with plants, minors, etc. No adhesive hangers may be used. hanging baskets, and lawn furniture. Do not use patios or balconies for storage or trash removal. 13. The use of water from the premise for the purpose of washing cars is prohibited. Maintenance and/or repair of any vehicle for any reason on the 3. Provide own light bulbs (of proper size) fuses, and starters. premise are prohibited. All vehicles must be properly inspected, maintained, and licensed. 4. Use trash containers properly. Keep sidewalks, and lawns free of personal items, papers, trash. 5. Conserve energy and assure safety by not installing additional appliances or equipment other than normal home items. Prior permission of the Landlord must be obtained. 6. Comply with the laws of the several governmental units controlling the property area. 7. No additional safety/security locks are to be installed without written permission from management. No locks may be changed without written permission. 8. No supplementary cooling devices (i.e. window air conditioners) are permitted without express written permission from Landlord. 9. Under no circumstances are any supplementary heating devices permitted in any apartment or house. Supplementary heating devices include kerosene heaters, wood stoves, space heaters, gas heaters, electric heaters, camp heaters, etc. These heating devices and their fuel constitute a grave fire hazard. Any use of such device will be in direct violation of this lease. Storage of any flammable substances in any apartment or house is prohibited. 10. Parking is permitted in designated parking areas only. No buses, large trucks, trailers, boats, or any other over-sized vehicles may be parked on the property without express written permission from Landlord. Initial Sp 14. Waterbeds are permitted only with proper insurance verification provided to the management annually. 15. The apartment or house is to be used solely as a residential dwelling unit, and may not be used for any business purposes. The Resident agrees not to utilize the apartment or house to conduct any business or to house any business of any size, for any purpose, for profit or otherwise. 16. Resident will comply with any additions to these rules enacted by the Landlord. Violation of the lease or any of the rules and guidelines of the lease and the rental property shall be sufficient cause for termination or eviction at the option of the management. 17. Carpets must be professionally shampooed upon move out and receipt provided to management. 18. Action by Resident or Guests, that cause Police Action, or deprive the right of quiet enjoyment of other residents, is cause for eviction. 19. Resident must notify the Property Manager if Resident will be away from the apartment longer than seven days. 20. No wires or cables of any kind are permitted to be run along the outside of any apartment. Resident will not install any satellite dish or antennae without obtaining written permission from Landlord and signing a satellite dish owner's addendum. Page 3 of 4 PROPERTY MANAGEMENT, INC. As Agents For: Chateau Te face Apartments Signed in the Presence Of: By: Date I L),lN 2 ' Date R dent l 4 Date 1 tip 6V Date esident Date Date Resident Date Date Resident Date Date Resident Date Date Resident Date Page 4 of 4 "MOVE-IN SPECIAL" LEASE ADDENDUM THIS AMENDMENT made this l4d, daN of )anuary, 2011 between Clifford & Sarnaritha I Logue and Chateau Terrace Apartments- (the "Agent") WITNESSETH: WHEREAS, the Resident and the Agent have entered into a Lease Agreement dated J,inuatn' 14th, 2011 to lease App twena ,510 to the Resident in the apartment community commonly know as Chateau Terrace Apartments located at 304 N. Fayette Street #500, Shippensburg, PA 17257. WHERAS, the Resident accepts the "Move-in Special" whereby the rent for the first twelve full months starting FCbruary 1, 2011 to January- 31, 201.2 will be $695.00 per month. After which, the rental amount will be increased at least $40.00. NOW THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby conclusively acknowledged by the parties, Resident and Agent covenant and agree to the following: 1. Resident agrees to fulfill the entire term of tenancy identified in the rental Agreement. 2. It is understood by the Resident that in the event of early termination, whether by eviction or if the Resident "breaks the lease" and moves- out early (before the expiration of the lease period term), then in this event the Resident hereby acknowledges that the Resident becomes immediately liable for paying the additional $100.00 per month rent for the entire period that had been given for the special by the Agent (before the default of Resident). Agent: P?b/pJerty`MA jnagement, Inc. By: Date: ??777, Resident: Resident: ? I Tl < Date: C,/ i 3 - // EXHIBIT B #1309264-v 1 51041-0001 PET LEASE ADDENDUM Addendum to Lease Dated From 2/1/2011 To 1/31/2012 Type of Pet Effectiv : Date 2/8/2011 Name of Pet Property Chateau Terrace Breed Resident Clifford Hogue Color/Marks Resident Height Resident Weight Residew License No. Residen! Rabies Tag # Resider; Date of Shots Address Dog Dakota Huskie We hereby agree to comply with the following pet rules and regulations of the Property. We understand that violation of any of the rules and regulations listed below will result in the immediate cancellation of this Pet Lease Addendum and eviction of the vet(s) listed above. We agn c to pay an additional monthly rental fee of $25.00. This additional monthly rental fee is due and payable by check or money order at the management office on or before the first day of every month. This agreement is for the privilege of housing the pet(s) listed above at the property antl renews on a month-to-month basis. We understand that the payment of this amount each month does not release us from compliance with the rules and regulations listed below or from responsibility for damages caused by the pet(s). The additional rent is subject to a 10% 1::te charge if not received by the 5'h of the month. I . Pets permitted under this Pet Lease Addendum are dogs weighing 50 pounds or less at full-grown weight and cats with the front claws removed. NO OTHER KIND OR TYPE OF PET OTHER THAN THE PET DESCRIBED ABOVE IS PERMITTED AT THE PROPERTY UNLESS APPROVED IN ADVANCE AND IN WRITING. Management reserves the right to restrict certain breeds, or individual dogs, that may be considered aggressive by management. This may include, but is not necessarily limited to Pitbull-types, Rottweilers, Dobermans, Chows, Akitas, Shepherds, etc. ']here will be a mazinuurt of 2 cats 2 doss or I cat and I dog per unit. A color photograph ofeach pet must be given to the rental office at fhc time this Addendum is signed, and at the time ofa change of pet. Should there be a change of pet, we will contact the rental office immediately and sign a new Pet Lease Addendum. 3. All pets will be leashed and under human control when outside of the apartment. NO pets may be on the grounds, balconies, or patios unattended and/or unleashed. I. All pets must be walked and/or run only in the designated areas on the Property. All pets are allowed to defecate/urinate only in the designated areas on the Property grounds. The resident(s) signing this Pet Lease Addendum bear the responsibility of cleaning up after the pet IMMEDIATELY. 6 No pet may be tied, either attended or unattended, to any temporary or permanent fixture on the premises of the Property, including but not limited to balconies, patios, poles, posts, hooks, railings, doors, lines, windows, shrubs, trees, or cars, at any time. 7. Any action by the pet which results in any annoyance, hazard, or danger to any resident, visitor, or employee of the Property will not be tul,?rated. Any animal considered vicious by management must be removed from the property as directed by management. S. We hereby agree to comply with all state, regional, and local laws concerning housing, control, and licensing of pets. ). Brit must be professionally exterminated for fleas within 2 weeks prior to move-out (receipt provided to management upon request). 10. '1 he maximum number of pets (excluding fish - 20-gallon tank maximum) is two (2) individual pets per unit, i 1. A $200.00 Non-Refundable Initial Pet Fee is required for each unit (fish, birds, gerbils, and other pre-approved "cage" animals are excluded limn the Pet Fee). '1 c Initial Pet Fee and subsequent monthly pet fees are not a security deposit. All costs associated with damages/cleaning caused by the pet (!.:ring the pet owner's tenancy will be withheld from the tenant's security deposit. All charges above and beyond the security deposit will be r:i:iwed to the tenant at the time of move-out. 13. c shall indenutifj and hold owner of Property and their agents harmless from and against any action, claims, and suits (including legal fees a, d expenses) arising from damage or injury caused to any person or property of others by any pet owned, housed or maintained by us. PROPERTY MANAGEMENT, INC., AS AGENTS FOR Signed in tltc Presen , ol. By: ?j Date -/p Resident: Date gF?? f Resident: Date Resident: Date Resident: Date Resident: Date Resident: Date VERIFICATION I have read the foregoing Complaint and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 6 JO 1 Ml'&It"46-L? 7i?7-N -u- CERTIFICATE OF SERVICE I hereby certify that the foregoing document was sent by certified mail, return receipt requested, and by first class mail, this day to the following: Clifford Hogue Samantha Hogue 304 N. Fayette St., Apt. 510 Shippensburg, PA 17257 Defendants Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman PC Date: By: Alison A. Zortman, i%a ssistant 240 North Third Street, Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff r >-c ?3 .r lAp?i???l 'O NOTARY y "_I 2:05 R, NNSLVAN A 1Y COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CHATEAU TERRACE ASSOCIATES, by its general partner, John Rhodes, t/a CHATEAU TERRACE APARTMENTS, Plaintiff V. . CLIFFORD HOGUE and SAMANTHA HOGUE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4640 CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please reinstate the Complaint in this case. dQ Date: ( / `d /? Respectfully COHEN SEGLI?t"ALLAS GREENHA /a & FURMAN, P.C. By: Steven M. Williams, PA I.D. # 62051 silliams@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 2 # 13 50759-v 1 51041-0001 COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CHATEAU TERRACE ASSOCIATES, by its general partner, John Rhodes, t/a CHATEAU TERRACE APARTMENTS, ? rnrn ? ? <? a o? ? zn G .. tr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. 11-4640 CLIFFORD HOGUE and SAMANTHA HOGUE, Defendants . CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff and against Defendants, Clifford Hogue and Samantha Hogue, jointly and severally, for their failure to plead to the Complaint in this action within the required time. Plaintiff's Complaint, which was filed on June 14, 2011 and reinstated on July 21, 2011, contained a Notice to Defend the action within 20 days from the date of service thereof. Defendants were served with the Complaint on July 28, 2011, and their Answer to the Amended Complaint was due to be filed by August 17, 2011, but was not so filed. 414-co pia Awq ?'M- sm Attached as Exhibit A is a copy of Plaintiffs written Notice of Default in accordance with Pa.R.C.P. 237.1, which I certify was mailed by regular mail to the Defendants at their last known address on August 18, 2011, which is at least ten days prior to the filing of this Praecipe. Defendants have failed to appear or take any action in this case. As requested in the Complaint, please enter judgment in Plaintiff s favor and against Defendants, jointly and severally, in the amount of $4,443.70, as alleged in the Complaint, together with pre judgment and post judgment interest at the legal rate and the costs of this action. Respectfully Cohen & Furman, PC Date: 10 2511 \ By' Steven M. Williams, PA I.D. #62051 Williams@cohenseglias.com 240 North Third Street, 7`h Floor Harrisburg, PA 17101. (717) 234-5530 Attorneys for Plaintiff This is an attempt by a debt collector to collect a debt, and any information obtained will be used for that purpose. 2 Exhibit A COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams Identification No: 62051 swil liams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CHATEAU TERRACE ASSOCIATES, by its general partner, John Rhodes, t1a CHATEAU TERRACE APARTMENTS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD HOGUE and SAMANTHA ROGUE, NO. 11-4640 Defendants CIVIL ACTION - LAW To: Clifford Hogue and Samantha Hogue, 304 N. Fayette Street, Apartment 510, Shippensburg, PA 17257 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. 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. AVISO IMPORTANTE LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA LISTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: Respectfully COHEN SEAS PALLAS GREEN LL & FURMAN, P.C. By: Steven M. Williams, PA I.D. # 62051 Williams@cohenseglias.com 240 North Third Street, 7`h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was sent by first class mail, postage prepaid this day to the following: Clifford Hogue Samantha Hogue 304 N. Fayette St., Apt. 510 Shippensburg, PA 17257 Defendants Date: 9//Y /? Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman PC B y: Alison A. Zortman, It al Assistant 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1382218-v1 51041-0001 O , 10, D? a G ?? U C C_ Cl 0 L-L 4D - t YI O C/) N ? O O r? m cd -fl ?z v un O O LL L Y n Y ? O Y N L d L 61 O _Q Z .? O ? N 2