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HomeMy WebLinkAbout02-0397DOUGLAS G. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. NO. 2002- ~ ~ 7 CIVIL TERM CATHY WEAVER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may als0 be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FiLE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 DOUGLAS G. WEAVE~R, Plaintiff CATHY WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002- $?? CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Douglas G. Weaver, by his attorney, Lindsay D. Baird, Esquire, sets forth the following: 1. Plaintiff, Douglas G. Weaver, is an adUlt individual residing at 65 Covered Bridge Road, Newburg, Cumberland County, Pennsylvania 17240. 2 Defendant, Cathy Weaver, is an adult individual just recently residing at 4011 Evans Chapel Road, Baltimore, Maryland 21211. 3 The parties were married on January 28, 1989, in Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action, however, Defendant relocated to Maryland in November 2001. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. In accordance with Section 3301(c) of the Divorce Code, the mardage between the parties is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. //' L/indsay I~.)~a'}rd,/Esquire AttOrney fdr the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DOUGLAS G. WEAVER, Plaintiff Ve CATHY WEAVER, Defendont IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2002- ~ ~? CIVIL TERM IN DIVORCE COMPLAINT FOR CUSTODY 1. The plaintiff is Douglas G. Weaver, residing at 65 Covered Bridge Road, Newburg, Cumberland County, Pennsylvania. 2. The defendant is Cathy Weaver, recently residing at 4011 Evans Chapel Road, Baltimore, Maryland. l(arissa Nichole Weaver Douglas Guy Weaver, Jr. 3. Plaintiff seeks primary physical custody of the following children: Name Present Residence Amber Leigh Weaver 65 Covered Bridge Rd, 12 Newburg, PA 17240 65 Covered Bridge Rd, 11 Newburg, PA ! 7240 65 Covered Bridge Rd, 9 Newburg, PA 17240 The children were not born out of wedlock. The children are presently in the custody of their father who resides at 65 Covered Bridge Road, Newburg, PA. During the past five years, the children have resided with the following persons and at the following addresses: Person Address Dates Douglas G. Weaver 65 Covered Bridge Rd, 11/2001 . Present Newburg, PA 17240 Douglas and Cathy Weaver " 8/1/97 - 11/2001 The mother of the children is Cathy Weaver, currently residing at 4011 Evans Chapel Road, Baltimore, MD. She is married. The father of the children is Douglas G. Weaver, currently residing at 65 Covered Bridge Road, Newburg, PA. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name ~ Amber, Karissa & Douglas Subject children $. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name ~ Mike Childress Paramour 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiff is willing to accept primary custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address ~ NONE Wherefore, plaintiff requests the court to grant him primary physical custody of the children. Carlisle, PA 17013 Attorney for Plaintiff I verify that to best of my knowledge and belief, the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Plaintiff DOUGLAS G. WEAVER : PLAINTIFF : : V. : CATHY WEAVER : DEFENDANT : rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-397 CIVIL ACTION LAW IN CUSTODY AND NOW, Wednesday, January 30, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 22, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilrov. Custody Concifiator - The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ca. q:-I VfNVA'~SNN:~,a A~CLONOH~3~d :,FLL ~0 DOUGLAS G. WEAVER, Plaintiff CATHY WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 2002-397 CML TERM : : IN CUSTODY : ORDER OF COURT AND NOW, this ~/~ day of.~{'~_,, 2002, upon consideration of the attached custody stipulation with respect to the parties' children, Amber Leigh Weaver, born July 19, 1989, Karissa Nichole Weaver, born December 14, 1990 and Douglas Guy Weaver, Jr, born June 29, 1992, the terms of the stipulation are entered as an order of court. THE C Jo c~' say Dare Baird, Esquire ../Ms. Cathy Weaver DOUGLAS G. WEAVER, Plaintiff CATHY WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA ._ : NO. 2002-397 CIVIL TERM : : IN CUSTODY : STIPULATION FOR CUSTODY STIPULATION made this .-9'-'~",~,day of ~"~.c~...cc~., , 2002, between Cathy Weaver, hereinafter referred to as Mother/and Douglas D. Weaver, hereinafter referred to as Father. WHEREAS, the above-named Mother and Father had born to them the following children on the following dates: NAME B RTH..~ Amber Leigh Weaver 07-19-89 Karissa Nichole Weaver 12-14-90 Douglas Guy Weaver, Jr 6-29-92 AND WHEREAS, the above-named Mother and Father desire to enter into a Stipulation as to the custody of the above-said children: NOW, THEREFORE, in order to effectuate the above purpose, the above-named Mother and Father hereby stipulate that: 1. The Father and the Mother shall share legal custody of the children. 2. The Father and the Mother shall share physical custody of the children. 3. The Mother shall have periods of physical custody as follows: a. Every other weekend, b. During school breaks during the school year, c. During the summer once the children's baseball/softball season has concluded. 4. The Father shall have custody of the children every other weekend during Mother's summer custody period. 5. The Father and Mother shall provide for the children's needs financially. PURPOSE, The parties hereto intend to be legally bound by the terms of this Stipulation and desire to have the Stipulation entered as an Order of Court. Witness: ·//~.i~ldsay Dare'Baird, I~S~l. gas (~'. ~eaver, Father (,. ¥/ .... Cathy Weave~ Mother MAR 1 DOUGLAS G. WEAVER, Plaimiff V CATHY WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 397 CIVIL IN CUSTODY CO~TO~ER AND NOW, this /~ ~9 day of March, 2002, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ChlstodyX~oG~uire P,..UI~i~c--P-~P'~TATE OF MICHIGAN I MOTION AND VERIFICATION (J. ou~'rq, '~'HDIr'IA· DISTRICT I FOR ALTERNATE SERVICE Orig~at--Court I st copy---Defendant 2nd copy---Plaintiff 3rd copy~Retum CASE NO. Plaintiff name(s), a~re~(es) a~/~ephone n~er(s) Defendant name(s), a~ress(~) and telephone number(s) V I101 ,/- /.~ D /f fl ~,l C_,o o P..'c ¢/ Service of process upon ' (__---~S~=P~ ~..~ otherwise provided in MCR2.105, as shown in the following affidavit and verification of process server cannot be reasonably made as AFFIDAVIT AND VERIFICATION OF PROCESS SERVER 1. I believe the,l~'home and/or [] business address shown above is current. 2. I do not know the defendant's current [] home [] business address. I have made the following efforts to ascertain the current address: I have attempted to personally serve the Summons in this case under MCR 2.105 ._~ _ times on the following dates: 3 '0~(~' 05 , ~ -~'~ ' O.~ __ and _ '¢/-~'- I:::~.~ ; and I have been unable to serve for the following reasons: 4. ,have verified the defendant's address as follows: 5. Lhave requested the Court order service by alternate means. Pro~ss S~r'ver (pn~t or ty~) - ' ' ~ig~ L - THE COURT FINDS 1. Se~ice of process upon defendant ~~H~~ ~ cannot reasona~y be made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give defendant actual notice of ~e proceedings and an oppodunity to be heard. IT IS ORDERED 2. Se~ice of the summons and complaint and a copy of this order may ~ made by the following method(s): a. ~ First class mail to designated addre~: ..._, b. D Tacking or firmly affixing to the d~r at designated address: c. D Delivering at the designated addre~: to a pemon who is of suitable age and discretion to receive pr~e~, with instructions to deliver it prom¢~ t0 de~ndant. d. ~ Other: 3. For each method used, proof of service must be promptly filed with the Court. Date Judge/Magistrate (3/02) MOTION AND ORDER FOR ALTERNATE SERVICE ~llqnd/uelON~OP l~noo :eJnleu§!s :se~!dxe uo!ss!wwoo · ueS!qo!l~ '~unoo uo e,,, eJoleq o), uJo~,~s pue peq.uosqns ~ I I ~ eel eG~elll~ eJnl~u§lS eteo uo ' :JeqK) · ~,uepuelep ol ~ltdu,loJd 1! JeA?lep ol suo!lomlsu! q~.~ 'sseooJd eAleoeJ ol uo.lleJoslp pue ese elqellns to ~ oq~ ploqesnoq s,luepuelep jo Jeqwew eol UO ' 1~ §u.ueNle(] '~ UO ' le Joop eql o), §u!x~e XIWJ!J JO §u!~:~el '~ uo ' ol I.~LU SSelO ls~!d · I. uodn e~.~Jes eleuJelle JOi JepJo eq~ jo ~doo e pue lU!eldwoo pue suowwns eqi jo Xdoo e pe~ues I ~~~ Colin D. Carnegie A. Taylor City. State, Zio Code NO~. ~ ~e ~-~ 1~ L~ ~ ~e r~ c~ge of ~ ~nfc~atlc~, Thc ~. ~f ~o~. m~ ~: of~c~ ~x ~e~; eae ~amr~ for Eo~o~ ~Co~e~n Ca.~,c'_~.! of' .~q~.~.~: Deputy S.h~r'Aff, 6 -,-7 ~.X .Cdt J~ U3.C. ~ion I~; ) ~ _No c~e ofaa~ ~de; an f. ie. KLP ENTERPRISES, INC., 'da LINDHAM cOURT APARTMENTS '. P~aintiff IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA NO. 03-397 CIVIL TERM JOSEPH REBECCA and~~ PATRICK A. ROSE, : - ~ Defendants (name of sewer), being duly sworn according to law, deposes and says: 1. He/she is a competent adult, age _, 2003, at o'clock a.m./p.m., service of the 2. On Notice and Complaint (with letter attached) in the above action was made by the ____-- years, who is not a party to the above action; MUST BE RETURNED BY COURT NAME: ADDRESS:_ POSTAL CHECK ATTE~S~ THINGS TO CHECK: COMMENTS 2/ __ RICHARD H. WiX THOMAS L. WENGER DEAN A. WEIDNER STEVEN C. WILDS THERESA L. SHADE WIX * DAVID R. GETZ STEPHEN J. DZURANIN STEVEN R. WILLIAMS TRACY L. UPDIKE JEFFREY C. CLARK * ~so Member Massachusetts Bar WiX, WENGER & WEIDNER · A PROFESSIONAL CORPORATION A'I-FORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 TELECOPIER (717) 234-4224 www. wwwpalaw.com 4705 DUKE STREET HARRISBURG, PA 17109-3099 (717) 652-8455 TELECOPIER (717) 652-6290 PLEASE REPLY TO DUKE STREET OFFICE ( ) March 21,2003 Mr. Bill Witt Ingham County Sheriff's Office Civil Division P.O. Box 456 Holt, MI 48842 Re: KLP Enterprises, Inc. v. Joseph Rebecca, et. al. No. Cl-03-397 Our File No. 4813/12192 Dear Mr. Witt: Confirming our conversation this afternoon, we need to effect service of the enclosed Notice and Complaint (with letter attached) on Joseph Rebecca at his current address: 2160 Holland Road, Stockbridge, MI 49285. I understand that you will be able to serve this Notice and Complaint for us within the next couple of weeks. Once service has been made, please complete and return to me the enclosed Affidavit of Return of Service. I understand that you will bill us for this service when you return the Affidavit. Please call me if you have any questions. Thank you in advance for your assistance in this matter. Enclosures cc: Lindham Court Apartments Sincerely yours,~ J Stev~ R. Williams RICHARD H. WiX THOMAS L. WENGER DEAN A. WEIDNER STEVEN C. WILDS THERESA L. SHADE WIX * DAVID R. GETZ STEPHEN J. DZURANIN STEVEN R. WILLIAMS TRACY L. UPDIKE JEFFREY C. CLARK · Also Member Massach~lts Bar WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION A'I-I'ORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 TELECOPIER (717) 234-4224 www.wwwpalaw.com 4705 DUKE STREET HARRISBURG, PA 17109-3099 (717) 652-8455 TELECOPIER (717) 652-6290 PLEASE REPLY TO DUKE STREET OFFICE ( ) March 21,2003 Joseph Rebecca 2160 Holland Road Stock Bridge, MI 49285 Re: Lindham Court Apartments v. Rebecca & Rose No.: Cl-03-397 Our File No.: 4813/12192 Dear Mr. Rebecca: You are hereby served (via Sheriff) with the Complaint that we filed in this case. PURSUANT TO FEDERAL LAW~ YOU ARE ADVISED OF THE FOLLOWING: Unless you notify us within 30 days after receipt of this letter that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid. If you notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within 30 days, we will provide you with the name and address of the original creditor if different than the current creditor. This letter is an attempt by a debt collector to collect a debt, and any information obtained will be used for that purpose. The law does not require us to wait until the end of the thirty-day period before taking legal action against you. If, however, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this letter, the law requires us to, and we will, suspend our efforts to collect this debt until we mail the requested information to you. Sincerely yjrs, Wix~/~i~ ~ Weidner B.~tev~R-. ~ /aaz Enclosure cc: Lindham Court Apartments KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff Vo JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~t~'~-03-397 -c ~v~ T~I~-I~ CIVIL ACTION - LAW 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 is 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 document 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. As provided by Pennsylvania Rules of Civil Procedure No. 1018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal help can be obtained. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff Vo JOSEPH REBECCA and PATRICK A. ROSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CI-03-397 CIVIL ACTION - LAW AND NOW, comes the Plaintiff, KLP Enterprises, Inc., t/a Lindham Court Apartments, by its attorneys, Wix, Wenger & Weidner, and files this Complaint, alleging the following in support: 1. Plaintiff is KLP Enterprises, Inc., t/a Lindham Court Apartments, whose business address is 1101 Lindham Court, # 704, Mechanicsburg, PA 17055. 2. Defendant, Joseph Rebecca, is an adult individual whose last known address is 2160 Holland Road, Stock Bridge, MI 49285. 3. Defendant, Patrick A. Rose, is an adult individual whose last known address is 1101 Biglerville Road, Gettysburg, PA 17325. 4. The amount in controversy does not exceed the amount as required by the Cumberland County rules regarding compulsory arbitration. 5. Jurisdiction is proper in this Court because Plaintiff's cause of action arose in Cumberland County. 6. On or about the 1st day of November 2002, the Plaintiff entered into a written lease (the "Lease") with Defendants, leasing to them the premises known as 1101 Lindham Court, # 602, Mechanicsburg, PA 17055 (the "Premises") on a month- to - month basis beginning on the 1st day of November 2002 at a monthly rental rate of One Thousand Six Hundred Fifty Dollars ($1,650.00) payable on the first day of each month. A true and correct copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference. 7. Defendants entered into possession of the Premises on or about August 1,2002 pursuant to a prior lease. 8. On or about December 23, 2002, Defendants vacated the Premises in violation of the Lease. 9. At the time Defendants vacated, they had not paid rent for the month of December. 10. As a result, they are liable for a 10% late charge in the amount of $165.00. 11. At the time Defendants vacated, the Lease had already renewed for the month January 2003. 12. After Defendants vacated, Plaintiff diligently attempted to re-rent the Premises, but was unable to do so prior to January 31,2003. 13. Despite demand, Defendants have failed to pay rent for the months December 2002 through January 2003. 14. Defendants are obligated to Plaintiff for rent for these months in the total amount of $3,300.00. 15. After Defendants vacated the Premises, Plaintiff cleaned the carpet in the Premises, which Defendants were obligated to do prior to vacating the Premises, incurring the cost of $68.90. Defendants are liable for this cost. 16. In connection with the Lease, Defendants gave a security deposit in the amount of $1,650.00, for which they are entitled to, and are receiving, a credit. 17. Defendants are also entitled to a $165.00 credit as a result of a payment they made to Plaintiff in January 2003. 18. The amount Defendants owe to Plaintiff after these credits is $1,718.90. 19. In accordance with Paragraph 13 of the Lease, Plaintiff has a right to receive for attorneys' fees 15% of any amount owed by Defendants, which equals $257.84. 20. In pursuit of its remedies under the Lease, on December 18, 2002, Plaintiff initiated this action in the office of District Justice Gayle Elder, docketed to number LT 347-02. Plaintiff was successful in the action and incurred costs therein in the amount of $104.50. Defendants are liable to Plaintiff for these costs. 21. The total amount owed to Plaintiff by the Defendants, including the costs set forth in paragraph 20 hereof, is $2,081.24, plus all court costs incurred in this action and interest. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in the amount of $2,081.24, plus interest and all costs incurred in this case, and such other relief as this Court deems just and appropriate. Respectfully Su , WIX, WENGEF~EIDNEIR Williams I.D.#62051 Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: 2. t z~/u ~ F:\sr~\4813 (PLASTERER, KEITH)\12192 (LINDHAM COURT APT. v. JOSEPH REBECCA & PATRICK ROSE)~OCUMENTS\COMPLAINT.doc EXHIBIT A RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT ("Agreement")is made on this 1s~ day of November, 2002 by and between KLP Enterprises, Inc. d/b/a Lindham Court Apartments (ca~.led "Landlord" ) and Patrick Rose & Joseph Rebecca (called "Tenant"). PROPERTY, TERMS & CONDITIONS: Landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord the property, including improvements, known as 1101 Lindham Court, Apt. %602, Mechanicsburg, Pennsylvania 17055 (called the "Property") in accordance with the following terms and conditions: (a) (b) (c) Term of the lease: Month-to-Month. Beginning date of the lease: November 1, 2002. (d) (e) (f) (g) (h) (i) (k) Landlord will Day for: X X X X X Ending date of the lease: With thirty (30) day written notice. Monthly rent: $1~650.00(FURNISHED APARTMENT, INCLUDING HOUSEWARES) Rent is due, and will be paid, in advance on the first day of each month. TENANT WAIVES ANY REQUIREMENT FOR DEMAND FOR RENT. Late charge if Tenant does not pay rent by the fifth (5th) day of the month: Ten percent (10%) of monthly rent. Tenant will pay to Landlord the sum of Twenty-Five Dollars ($25.00) for each of Tenant's checks which are not honored by Tenant's or Landlord's bank for any reason. If any of Tenant's checks are returned to Landlord for any reason, Tenant's rent will be deemed to be late, and Tenant will be subject to late charges. Security deposit received from Tenant: $1,650.00. Property will be used only as Tenant's Principal Residence. Rent payments are to be made payable to KLP Enterprises, Inc. and delivered to 1101 Lindham Court, Apartment %704, Mechanicsburg, Pennsylvania 17055. Landlord and Tenant agree that: Tenant will pay for~ Water X Water Gas (heat/hot water) X Gas (heat/hot water) Electricity X Electricity Lawn Care Lawn Care Snow Removal Snow Removal Sewer Sewer Trash Trash Real Estate Taxes Real Estate TaXes Cable X Cable Telephone X Telephone Other: Other: (1) The Property is being rented in its present condition. acknowledges that he has inspected the Property and has provided Landlord in writing a notation of all existing damages. Tenant (m) (n) Co-Signer (s)/Guarantor (s): N/A Other persons residing with Tenant in Property: SECURITY DEPOSIT: Landlord may hold Tenant's security deposit as security for the payment of all rent and other amounts due from Tenant, for the performance of this Agreement, and for application against any damages caused by Tenant, his guests or family to the Property. The security deposit may not be applied as rent or other amounts due from Tenant without Landlord's prior written consent. Tenant will pay all required monthly rent payments, including rent for the last month of this Agreement. TENANT'S PRC~4ISES: Tenant, and all persons on the Property with Tenant's permission, will: (a) obey governmental building and housing regulations; (b) keep the Property clean and safe; (c) remove from the Property all trash, garbage, rubbish, and other waste in the manner established by Landlord, laws and/or government regulations. If Tenant does not comply with this provision, Tenant will be liable to Landlord for all costs incurred by Landlord in removing trash, garbage, rubbish and other waste on behalf of Tenant; (d) use in a responsible manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in the Property; (e) not deliberately or carelessly destroy, deface, damage, impair, or remove any part of the Property, or the building containing the Property or knowingly permit his/her guests, invitees, licensees, or agents to do so; (f) behave in a manner that will not unreasonably disturb the neighbors' peaceful enjoyment of their property; (g) make no changes or alterations to the Property without the prior written permission of the Landlord. Any change, alteration or improvement made to the Property will belong to the Landlord and must remain on the Property, unless otherwise agreed to in writing; (h) promptly notify Landlord of all necessary structural repairs; (i) not keep dangerous or flammable materials on or in the Property; (j) permit Landlord or Landlord's agents, including prospective buyers (NOT prospective tenants), to enter %he Property at reasonable hours and upon reasonable notice for any reasonable and lawful purpose. In the event of an emergency, Landlord may enter the Property without notice; (k) permit Landlord to show the Property to prospective tenants at reasonable times, after Landlord or Tenant has given written notice to the other to end this Agreement; (1) permit Landlord to place sale, rent or information signs on or near the Property to inform the public that the Property is available for sate or rent; (m) move out peaceably when this Agreement is ended; In) understand that Landlord is not required to make repairs caused by Tenant's unreasonable, careless or willful conduct or similar conduct by any other person on the property with Tenant's permission; (o) obey all rules and regulations attached, if any, or which Landlord enacts; (p) obey and comply with all federal, state and local laws, ordinances and regulations; (q) not vacate or desert the Property during the term of this Agreement or any extension or renewal of this Agreement, or permit the Property to be empty and unoccupied; (r) not do or allow to be done, any act which may cause the fire insurance or any other insurance to become void or suspended, or the rate increased. If insurance premiums on the Property increase because of any action or conduct of Tenant, Tenant's guests, or anyone invited to the Property by Tenant, Tenant agrees to pay any such increases as additional rent; (s) test fire/smoke detectors in the Property monthly, or more frequently if recommended by the manufacturer, pay for and replace batteries in all fire/smoke detectors, and notify Landlord immediately if Tenant finds that any fire/smoke detector is not working properly. PAYMENT OF RENT: Tenant agrees to pay the rent and all other charges (which are also considered as rent) according to Paragraphs l(d) and l(e). If the Landlord accepts rent or other charges after their due date on any occasion, such acceptances will not excuse future late payments or act as a waiver of any of the Landlord's rights. Tenant agrees that any charge, cost, or payment agreed to in this Agreement to be treated or collected as rent may be recovered by Landlord in the same manner as rent. NO PETS: Tenant will not keep any pets in or on the Property without first s£gning Landlord's Pet Addendum. Tenant will not allow others' pets to visit the Property without first obtaining the written permission of Landlord. DELAYED POSSESSION. If Landlord is unable to give Tenant possession of the Property at the beginning of the term of this Agreement for any reason not caused by Tenant or Tenant's agents, Tenant will have the choice of: (a} ending this Agreement and recovering rent and/or security deposit (without charge or interest) and any other money already paid; or (b) delaying the beginning of the term until Landlord is able to give possession. 8'. No rent will be due until possession is available. Landlord is nc% liable for damages where failure to deliver possession is due to conduct of a prior tenant in refusing to vacate the Property, or other conditions beyond Landlord's control. DEFAULT BY TENANT: Each of the following is a default of this Agreement: (a) Failure of Tenant to pay rent, late fees or other charges which are due under this Agreement when they are due; (b) (c) (d) (e) Failure of Tenant to comply with any provision of this Agreement or any Rule or Regulation of Landlord; The residing in the Property by any person who is not named on this Agreement or on Tenant's application for lease; The falsification by Tenant of any information on his application for lease; and Failure of any of Tenant's guests, family or invitees to comply with the provisions of this Agreement or any Rule or Regulation of Landlord. WAIVER OF NOTICE TO OUIT: Whether because of the end of the term of this Agreement or a default of this Agreement by Tenant, Landlord may demand that Tenant vacate the Property immediately without any prior notice. TENANT WAIVES THE REQUIREMENT OF ANYNOTICE TO QUIT OR VACATE AS OTHERWISE REQUIRED BY LAW. LANDLORD'S REMEDIES: If Tenant Commits any act which constitutes a default of this Agreement, Landlord will be entitled to the following remedies: (a) Landlord or its representative may file a legal action of eviction pursuant to the Pennsylvania Landlord/Tenant Act. (b) Landlord or its representative may file a legal action for unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, damages, and other amounts due from Tenant. (c) Landlord or its representative may pursue any other remedies available to it under law for possession of the Property, unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, and all damages and charges due from Tenant. Landlord may use any or all of these remedies against Tenant. Landlord's use of one remedy does not prevent landlord from using another. 10. 11. 12. I~LOP. D'S RIGHT OF.ENTRY: Landlord may re-enter and take possession of the Property in accordance with law if one or more of the following occurs: if Tenant abandons or vacates the Property; or if Tenant vacates the Property after being told to do so by Landlord resulting from Tenant's violation of any provision of this Agreement, or of any Rule or Regulation; or (c) if Tenant is evicted from the Property, as a result of Tenant's violation of any provision of this Agreement, or of any Rule or Regulation. Landlord's re-entry is not an acceptance of Tenant's abandonment or waiver of any breach. In no event will Landlord's re-entry terminate Tenant's liability to Landlord under this Agreement. Tenant will remain liable to Landlord for all rent, rent loss, vacancy loss and/or damage which may be due or sustained prior to Tenant's abandonment, vacating or eviction. Tenant will also be liable to Landlord for damages in the amount of the rent due under this Agreement for the remainder of the term of this Agreement or any renewal term, less any amount received by Landlord during the term from others to whom the Property may be rented. Landlord may re-rent the Property on such terms' and conditions and at such rent amounts as Landlord, in its sole discretion, deems proper, reasonable and advantageous. Tenant will also be liable to Landlord for all costs and expenses related to re-renting the Property, including but not limited to, repair costs, paint%ng, decorating and carpet cleaning costs, advertising costs attributable to the Property and agent's (broker's) fees. Ail of the damages and costs are payable by Tenant to Landlord immediately upon demand. INSUR~CE: Tenant understands that: (a) Landlord's insurance does not cover Tenant, Tenant's property, guests or family of Tenant or their property. (b) Tenant should have fire and liability insurance to protect Tenant, Tenant's property, and guests and'family of Tenant who may be injured or sustain a loss while on the property. (c) Paragraphs (a) and (b) also apply to any automobiles or vehicles Tenant parks at the Property or anywhere on Landlord's property. REPAIRS ~ MAINTENANCE: (a) Tenant is solely responsible to pay for all repairs made necessary by Tenant's conduct or the conduct of Tenant's guests or family. Tenant is also responsible to replace interior and exterior light bulbs as needed. (b) Landlord is not responsible to make any repairs of which it has no knowledge until Tenant notifies Landlord in writing of the need for repairs. 13. 14. 15. 16. ATTORNEY'S FEES: If Landlord sues Tenant for nonpayment of rent or other amounts due, or for violations of any other term or condition of this Agreement or any rule or regulation, Tenant agrees to pay to Landlord, as additional rent, reasonable attorneys fees incurred by Landlord, or legal fees in the amount of fifteen percent (15%) of any amount claimed by Landlord against Tenant, plus all costs incurred by Landlord in the legal proceedings. EARLY TERMINATION: If Tenant desires to terminate this Agreement earlier than the expiration of then-current term of this Agreement, then Tenant must do all of the following: (a) give Landlord written notice at least sixty (60) days prior to the next rent payment due date; and (b) pay rent and all other amounts due through the end of the month in which the termination date selected by Tenant occurs; and (c) return keys to Landlord the day of moving out; and (d) leave the Property in good and clean, ready to rent condition; and (e) pay, in addition to any amounts due pursuant to subparagraph (b), liquidated damages prior to moving out in an amount equal to one (1) months' rent. (This is not to be deemed a penalty). IN THE EVENT THAT TENANT FAILS TO COMPLY WITH ANY OF THE ABOVE REQUIREMENTS, THIS EARLY TEI~fINATION OPTION WILL BE VOID AND TENANT WILL BE RESPONSIBLE FOR ALL DAMAGES INCURRED BY THE LANDLORD RESULTING FROM TENANT'S BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONTINUING RENT FOR THE REMAINDER OF THE TERM OF THIS AGREEMENT, LESS ANY RENT RECEIVED DURING THE TERM FROM A SUBSEQUENT TENANT. AUTOMATIC RENEWAL: Unless Landlord or Tenant gives the other thirty (30) days written notice prior to the end of the initial term of this Agreement, this Agreement will renew on like terms and conditions on a Month to Month basis. After the first renewal, this Agreement will continue to automatically renew on like terms until terminated by either party by giving the other thirty (30) days written notice prior to end of the then current term. Landlord is entitled to increase the rent payable by Tenant at the beginning of each new term of this Agreement. SURRENDER OF PROPERTY: The Tenant acknowledges receipt of the Property in a habitable condition, reasonably safe for occupancy. Tenant agrees to surrender and vacate the Property at the end of the lease term in as good condition as when received, except for reasonable wear and tear. Tenant agrees to return all keys for the Property to Landlord at the time of move out. If Tenant fails to do so, Landlord may treat any notice of move out from Tenant as null and void. In this case, Tenant may incur additional liability for rent and other expenses and damages set forth in this Agreement. 17. 18. 19. 20. Tenant will pay to the Landlord the cost of repairing any damage done by himself, his family, guests or visitors to the Property, the building containing the Property, and any common area. ABANDONMENT OF BELONGINGS: Tenant agrees that any belongings left in/on the Property, including, but not limited to, automobiles, after Tenant vacates the Property will be deemed to be abandoned by Tenant. If Tenant fails to recover abandoned belongings from Landlord within thirty (30) days after notice by Landlord, Landlord will be entitled to dispose of the belongings in any manner Landlord deems appropriate. Landlord will not be liable to tenant for any costs, damages, injuries or other amounts of any kind resulting from Landlord's disposal of the abandoned belongings. Tenant is liable to Landlord for all costs incurred by Landlord in disposing of any abandoned property. HOLDING OVER: In the event Tenant does not comply with Paragraph 16 of this Agreement, or if Tenant otherwise remains in the Property after the expiration of the initial or any renewal term, the Tenant will be liable to Landlord for any damages or other expenses paid or incurred by the Landlord as a result of Tenant's holding over. Tenant will also be liable to Landlord for rent for each month or partial month Tenant holds over in the amount of two times the rent payable by Tenant. ASSIGNMENT AND SUBLEASINg: Tenant may not assign or sublease the Property without first obtaining the written approval of Landlord. Landlord may refuse to give consent for any reason Landlord deems appropriate. The consent by Landlord for any assignment or subleasing in one case or for one proposed assignee or sublessee is not to be deemed consent in another case or for another proposed assignee or sublessee. If Landlord consents to the proposed assignment or subleasing, Tenant will remain responsible for the fulfillment of the terms and obligations of this Agreement. Tenant will also be responsible for all acts or omissions committed by the assignee or sublessee. RELEASE ANDINDE~4NIFICATION: Tenant releases Landlord from liability for any and all of the following, and Tenant agrees to fully indemnify Landlord for all costs, losses and liabilities incurred by Landlord as a result of the following: (a) Tenant's default of this Agreement; (b) (c) Damages or injuries to Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; Damages to the property of Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; (d) Judgments, liens or encumbrances filed against Landlord or' the Property resulting from the conduct of Tenant or Tenant"s family or guests; and (e) Damages or injuries to Tenant, Tenant's family or guests, or damages to any property of Tenant or Tenant's family or guests which are caused by any defects in the Property or by any condition or cause which was or should have been visible to or known by Tenant and of which Landlord is not aware. 21. 22. 23. 24. 25. 26. OWNER'S LIABILITY. No owner, partner, officer, employee~ representative or agent of Landlord may be held personally liable in connection with this Agreement or any obligations entered into by or on behalf of Landlord. All claims against Landlord are enforceable solely against the Landlord's interest in the Property. Landlord and its representatives will not be liable for property damage or personal injury occurring in/on the Property unless the damage or injury results from Landlord's or its representative's intentional acts. RULES AND REGULATIONS: Landlord may make any reasonable rules and regulations which in its sole judgment Landlord may from time to time deem necessary or desirable. Tenant agrees to comply, and to ensure that his family, guests and visitors comply, with the rules and regulations. Rules and regulations attached and/or enacted by Landlord are binding on Tenant and are expressly made a part of this Agreement. EMINENT DOMAIN: If part of the Property is taken (condemned) by any .governmental entity or any other authority, the rent will be reduced proportionately. If all of the Property is taken or is made unusable, this Agreement will end. In either case, no money paid to Landlord for the Property will belong to Tenant, even if all or part of the Property is sold or transferred to the authority. Upon any taking, sale, or transfer, Tenant will peaceably move out of all or part of the Property as notified. Tenant will be entitled to receive only those damages incurred in moving out of the Property. which are provided for by law. LANDLORD'S WAIVER: No delay or omission by Landlord in the exercise of any right or remedy for any default by Tenant will impair any of Landlord's rights or remedies or be construed as a waiver. The receipt and acceptance by Landlord of rent will not constitute a waiver of any default; it will constitute only a waiver of timely payment for the .particular rent payment involved. No waiver by Landlord of any default is effective unless it is in writing. No waiver of a default constitutes a waiver of any other default. SAI,~ OF PROPERTY: If Landlord sells the Property, Tenant understands that Landlord will not have any further responsibility under this Agreement after the Property is sold to a new owner. In the event of a sale of the Property, Landlord will be entitled to terminate this Agreement by giving Tenant sixty (60) days notice. DAMAGE BY FIRE OR OT~R CASUALTY: (a) No Fault of Tenant: If the Property is damaged by fire or other casualty which does not result from any act(s) or omission(s) of Tenant, his family, guests or visitors, Landlord will repair it within a reasonable time and rent will continue to be paid by Tenant unless the damage makes the Property uninhabitable. If the Property is uninhabitable, Tenant's obligation to pay rent will cease until Landlord makes the repairs necessary. 27. (b) If the Property is totally destroyed, this Agreement will terminate and Tenant, upon payment of all rent due to the date Tenant surrenders the Property, will not be liable for further rent. If only a portion of the Property is made uninhabitable, Landlord may, at its sole option, terminate this Agreement or repair the damage within thirty (30) days. If Landlord repairs the damage, Tenant will be entitled to a pro rata reduction in the amount of rent. Fault of Tenant: If the Property is damaged by fire or other casualty which does result from any act(s) or omissions(s) of Tenant, his family, guests or visitors, Tenant will remain responsible to Landlord for all rent, rent loss, vacancy loss and/or damages which may be due or sustained. Tenant will also be liable to Landlord for damages in the amount of the rent due under this Agreement for the remainder of the term of this Agreement or renewal, less any 'amount received by Landlord during the term from others to whom the Property may be rented. Tenant agrees that Landlord may re-rent the Property on such terms and conditions and at such rentals as Landlord, in its sole discretion, deems proper, reasonable and advantageous. Tenant will also be liable to Landlord for all costs and expenses related to re-renting, including but not limited to repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the vacant unit and agent's (broker's) fees. All of these damages and costs are payable by Tenant to Landlord immediately upon notice. MISCELLANEOUS PROVISIONS: (a) Notices b~ Tenant. Any notice required by this Agreement to be given to Landlord from Tenant must be in writing and either hand delivered to Landlord or sent by certified mail, return receipt requested. Any other form of notice given by Tenant will not be effective. (b) Window Dressinqs. Ail window dressings, sUch as drapes or curtains, must be white or cream on the side facing outside the Property. (c) Kerosene Heaters. Tenant may not use kerosene heaters, electric heaters or any supplemental heating devise in the Property. (d) Laundry. Tenant may not hang laundry outside the Property. (e) (f) Locks. Tenant may not alter or change any locks and may not install new locks on or in the Property without first obtaining Landlord's written permission. Siqns. Tenant may not hang or attach any signs or advertising materials on the doors or windows of the Property or anywhere else on Landlord's property. Fire Extinguishers/Smoke Detectors. Tenant must notify Landlord promptly of any needed repairs or charging to fire extinguishers and smoke detectors in the Property. 28. 29. 30. (h) (i) (j) Musical Instruments/HAMRadios. Tenant may not have or use on the Property Ham Radios, drums, pianos or organs without first obtaining Landlord's written permission. Danqerous Activities. Tenant may not engage in dangerous activities, including, but not limited to, glass blowing or welding, on the Property. (k) Washer/Dryer. Tenant may not install a washer or dryer in the Property without first obtaining Landlord's written permission. Control of Children. Tenant must maintain control of all children who reside in or visit the Property. Tenant will not allow any child to run or play in any entrance or hallway, parking lot, or on any roof or fire escape, or on any porch other than Tenant's porch. Vehicles. Tenant is entitled to park a maximum of two vehicles at the Property. Ail vehicles must have current inspection and registration stickers. Any vehicle on the Property without current inspection and/or registration stickers will be considered an abandoned vehicle. (m) Waterbeds. Tenant may not use any waterbed or other water- filled furniture in the Property without first obtaining Landlord's written permission and providing proof of proper insurance. (n) Landlord's Belonqinq. Each of the following items belongs to Landlord and will remain in the Property after Tenant vacates: Refrigerator Garbage Disposal Dishwasher washer/dryer Smoke Detector Fire Extinguisher Stove Other: SUBORDINATION: This Agreement is subject and subordinate to any mortgage now on the Property or placed on the Property after the date of this Agreement. If any legal documents are necessary to make this subordination effective, Tenant agrees to sign and acknowledge the documents when given to Tenant. CHANGES TO AGREEMENT AND SEVERABILITY: (a) Chanqes. This Agreement may be modified or changed only in writing signed by both Landlord and Tenant. This Agreement constitutes the entire agreement between the parties. No verbal agreements or notices can or will modify the provisions of this Agreement. (b) Severabilit¥. If any term or provision of this Agreement or the application of any term or provision is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of it will not be affected. Each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. CAPTIONS: The captions used in this Agreement are for the purpose of convenient reference only and are not intended to express the full meaning of the clauses they introduce. ~0 31. 32. 33. 34. PENNSYLVANIA LAW: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. TIME OF ESSENCE: Time is of the essence for this Agreement. PARTIES: Ail rights and liabilities given to, or imposed upon Landlord and Tenant, or waivers of Landlord and Tenant, extend to and bind the respective heirs, executors, administrators, successors and assigns of Landlord and Tenant. The word "Tenant" means each and every person mentioned as Tenant. If there are more than one Tenant, any notice required or permitted by the terms of this Agreement may be given by or to any one of the Tenants, and will have the same force and effect as if given by or to all of the Tenants. In the event that more than one person is Tenant under this Agreement, or in the event that a Co-signer/Guarantor signs this Agreement, Landlord or its representative may proceed with its available legal remedies against any or all of the Tenants and/or Co- signers/Guarantors, and the liability of each shall be "joint and several." This means that Landlord or its representative can sue any one or more of the Tenants and/or Co-signers/Guarantors for violations of this Agreement. _FULL UNDERSTANDING: Tenant certifies that he has read, understands, and agrees to each and every provision of this Agreement, is fully aware of all obligations, duties, and remedies which are set forth in the Agreement and has had advice of an attorney, or has waived advice of an attorney, prior to signing this Agreement. INTENDING TO BE LEGALLY BOUND, Landlord and Tenant place their seals and signatures on this Agreement: LANDLORD KLP Enterprises, Inc., d/b/a Lindham Court Apartments Date ~~ F~~ EAL ) T~enant 1~ Date ,GUARANTY OF PAY~4ENT AND PERFORMANCE In order to induce Landlord to offer the Agreement to Tenant, I, INTENDING TO BE LEGALLY BOUND, agree to ensure that Tenant performs all obligations of the Agreement. I guaranty to Landlord that all sums becoming due to Landlord by Tenant will be paid. This Guaranty will remain in effect throughout the term of the Agreement and throughout the terms of all renewals, even if the renewals are under new terms and conditions agreed upon by Landlord and Tenant. My liability is absolute, continuing and unconditional. Landlord will not be required to proceed against Tenant or invoke any other remedy before proceeding against me. I SPECIFICALLY WAIVE NOTICE OF ANY RENEWAL OF THE AGREEMENT AND NOTICE OF ANY CHANGE IN THE TERMS OR CONDITIONS OF THE AGREEMENT. WITNESS: (SEAL) (SEAL) C:~RW'~OCUI~E NI~I,PRE~ID.L~E-$si~mb~- 2~ ~ 12 VERIFICATION I, Jamie Plasterer, agent for Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Complaint are true and correct and 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. KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Date: ,.~a'mie Plasterer KLP ENTERPRISES, INC., t/a LINDHAM COURT APARTMENTS Plaintiff JOSEPH REBECCA and PATRICK A? ROSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl-03-397 CIVIL ACTION - LAW CERTIFICATE OF -~FRVICF I hereby certify that the foregoing Complaint was sent by certified mail, return receipt requested this day to the following: Joseph Rebecca 2160 Holland Road Stock Bridge, MI 49285 (Defendant, Patrick A. Rose to be served by the Adams County Sheriff) Respectfully Submitted, WiX, WENGER & WEIDNER By../..~~,,~ ~.~ ~,;?...~?/~,;~,~ Alison A. Zortman, L~'i Assista~t 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff