HomeMy WebLinkAbout12-0195Capital Asset. Property Management
Plaintiff
VS.
Ryan Joseph True,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, _
PENNSYLVANIA C- C=
No. 2012-195
CIVIL ACTION
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIfq T
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH Of= PENNSYLVANIA
COUNTY OF FRANKLIN ; ss
AFFIDAVIT: I hereby (sw"?tpr) (affirm) that I served
® a copy of the Notice of Appeal, Common Pleas No.2012-195, upon the Magisterial District Judge designated therein
on
(date of service) January 20, 2012, ? by personal service M by (certified) (regi tered) mail,
sender's receipt attached hereto, and upon the appellee, (name) Ryan True, on
January 20, 2012 ?by personal service ® by (certified) (regired) mail,
sender's receipt attached hereto.
(SW)4N) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 25th DAY OF Janus, 2012
Signatu of offic I before Whom affi vit was made
Title of ofFcial
My commission expires on December 19, 2015.
MONWTM OF PENNSYLVANIA
SNotwy eel Publk
E? BOro, f wj*n COunw
Dec. 19, 2015
VANiA ASS()Cr 1110N OF AM
Sj nat of affiant
Nanc . Meyers,
Salzmann Hughes, P.C.
79 St. Paul Drive
Chambersburg, PA 17201
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IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ASSET PROPERTY MANAGEMENT, LLC
Plaintiff c•)
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NO: 2012-195
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CIVIL ACTION -LAW ' rv °
RYAN JOSEPH TRUE
Defendant
NOTICE TO DEFEND I-TI
TO: Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
100 South Street
P.O. Box 186
Harrisburg, PA 17108
Telephone No. (800) 692-7375
IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ASSET PROPERTY MANAGEMENT, LLC
Plaintiff
V.
: NO: 2012-195
: CIVIL ACTION - LAW
RYAN JOSEPH TRUE
Defendant
NOTICIA
TO: Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o
por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una Orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes pars usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. ST NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
100 South Street
P.O. Box 186
Harrisburg, PA 17108
Telephone No. (800) 692-7375
IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ASSET PROPERTY MANAGEMENT, LLC
Plaintiff
: NO: 2012-194
V.
RYAN JOSEPH TRUE
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiff Capital Asset Property Management, LLC, by and through their
counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Complaint and in
support thereof avers the following:
1. Plaintiff Capital Asset Property Management, LLC is a Pennsylvania Limited Liability
Company with a business address of 2000 Powell Drive, Chambersburg, PA, 17201.
2. Defendant Ryan Joseph True is an adult individual residing at 130 Providence Forge
Road, Royersford, PA 19468.
3. Plaintiff Capital Asset Property Management, LLC owns a residential apartment dwelling
located at 14 Kenneth Avenue, Shippensburg, Cumberland County, Pennsylvania 17257.
4. Defendant entered into a written residential Lease Agreement on or about November 4,
2010 (a true and correct copy of which is attached hereto and incorporated herein as Exhibit A) with
Plaintiff for Apartment #7, Room #2 within Building 16 of the residential dwelling at 14 Kenneth
Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 (the "Leased Property").
5. The Lease Agreement was for the period beginning August 19, 2011 and ending on May
6, 2012.
6. The Lease Agreement required Defendant to pay the sum of Three Hundred Dollars
($300.00) (as a partial payment for the Fall semester) on March 1, 2011, the sum of One Thousand Eight
Hundred Thirty-Nine Dollars ($1,839.00) on July 1, 2011 for the Fall Semester for the Leased Property,
and the sum of Two Thousand One Hundred Thirty-Nine Dollars ($2,139.00) on November 1, 2011 for
the Spring Semester for the Leased Property.
7. Defendant never took possession of the Leased Property, since he was academically
dismissed from Shippensburg University. See Letter dated June 6, 2011, attached as Exhibit B.
8. Defendant failed to submit the lease payment for the Spring 2012 semester in the amount
of $2,139.00 in violation of the Lease Agreement.
9. The Lease Agreement provides for a late fee of $75.00 after the fifth day rent is not paid.
10. Plaintiff was not required to give Defendant a notice of default as Defendant waived the
right to receive a "notice to quit" or "notice to vacate" from the Landlord in Section Eight of the Lease
Agreement, and also because Defendant never took possession of the Leased Property.
11. Plaintiff filed a Civil Complaint with Magisterial District Judge Brenda M. Knepper
(Magisterial District 09-3-01) against Defendant to recover rent and damages on November 22, 2011.
12. On December 20, 2011, after hearing, Magisterial District Judge Brenda M. Knepper
(Magisterial District 09-3-01) entered judgment for the Defendant. A copy of the judgment is attached
hereto and incorporated herein as Exhibit C.
13. As a result of Defendant's failure to abide by the Lease Agreement, the Plaintiffs
damages are as follows:
a. Seventy-Five Dollars ($75.00) late fee from the Spring 2012 lease payment; and
b. Two Thousand One Hundred Thirty-Nine Dollars ($2,139.00) for the Spring
Semester lease payment.
14. As of the date of this Complaint, Defendant owes Plaintiff the sum of Two Thousand
Two Hundred Fourteen Dollars ($2,214.00) for rent and late fees.
15. Despite Plaintiff's demands for payment, Defendant has failed to pay to Plaintiff all sums
due and owing under the Lease Agreement.
WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff
and against Defendant in the amount of Two Thousand Two Hundred Fourteen Dollars ($2,214.00)
together with costs in connection with this action.
B,
Attorney I.D. No. 77064
79 St. Paul Drive
Chambersburg, PA 17201
(717) 263-2121
Dated: February , 2012 Attorney for Plaintiff
VERIFICATION
I have read the statements made in this Complaint and they are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein made are subject to the
penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
Date: // /1' By
apital sset Property Management, LLC
John T. Hoover, III
CERTIFICATE OF SERVICE
I hereby certify that on the day of February, 2012, I served a true and correct
copy of the foregoing document via United States mail, first class, postage prepaid, addressed as
follows:
Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
Respectfully submitted,
Madison/Brookside/Creekside Court Apartments
LEASE AGREEMENT
STATE OF PENNSLYVANIA, COUNTY OF CUMBERLAND
2011-2012
This LEASE AGREEMENT ("LEASE"), made and entered into as of today, DATE 2010-11-01
by and between MADISON COURT LLC/ CREEKSIDE COURT LLC ("OWNER")
and Ryan True ("TENANT") and ("TENANT"),
The PREMISES will be managed by CAPM, LLC and is the OWNER'S agent ("AGENT") with address of 14 Kenneth Ave Apt 2/ 2 Morningstar Lane Suite A
Shippensburg PA 17257.
WITNESSETH: That the OWNER does hereby rent and lease to TENANT and TENANT does hereby rent and lease from OWNER, the
following PREMISES ("PREMISES") under the following terms:
Property:
Building Address:
Apartment:
Lease Period:
Move-in Date:
Move-out Date:
Installment Amounts:
Payment Due Dates:
Total Lease Payment:
MCA/BCA/CCA
16Ken7Rm2
2 Semesters
2011-08-19
2012-05-06
Fall Partial: 300.00 Fall Remaining Balance: 1,839.00 Spring: 2,139.00
Fall Partial:March 1, 2011 Fall Remaining Balance: July 1. 2011 Spring: November 1, 2011
$4,278.00
ONE: LEASE - GENERAL TERMS. This LEASE is made in contemplation of the fact that TENANT is lawfully residing in the United States and
has some official connection with Shippensburg University, either as a full-time student, or other connection recognized by AGENT. If such
connection should cease or legal residency status should change, at AGENTS discretion, AGENT may terminate this LEASE immediately.
TENANT may be deemed a TENANT at sufferance in which case TENANT must at once vacate the PREMISES. TENANT shall notify the
AGENT'S leasing office, in writing, of any cessation of enrollment, whether due to graduation, withdrawal, or otherwise, at least 30 days in
advance of the effective date. TENANT agrees that he/she is 18 years of age or older and capable to sign this LEASE. TENANT is responsible
for the terms of this LEASE and full payment of rent for the entire LEASE PERIOD. If any rental payment falls in arrears over 5 days, the full
rental amount for the entire LEASE PERIOD becomes due at once and all SECURITY DEPOSITS will be forfeited. If TENANT falls in arrears
over 5 days and has not contacted the office to provide intentions on payment within that period, it may be assumed that the TENANT has
vacated the PREMISES with no intent to return. At that time, OWNER may take any legal action necessary to obtain FULL payment of amount due and
the OWNER may re-rent the bedroom to mitigate damages. TENANT will not be able to rely on any prior oral or written representations by OWNER or
AGENT. Any exceptions to the LEASE or work to be performed by OWNER must be written by OWNER, a copy given to TENANT and initialed
by TENANT.
TWO: RESERVATION FEE & SECURITY DEPOSIT. AGENT acknowledges receipt from TENANT in the amount of Three Hundred
U.S. Dollars ($300.00) as a NON-REFUNDABLE RESERVATION fee that will be forfeited if this LEASE is breached by TENANT for any
reason whatsoever. Upon receipt of I" LEASE payment from TENANT, the NON-REFUNDABLE RESERVATION FEE will be converted to a
SECURITY DEPOSIT at which time AGENT accepts the SECURITY DEPOSIT in the amount of Three Hundred U.S Dollars
($300.00) as collateral (of which One Hundred U.S. Dollars ($100.00) is NON-REFUNDABLE) for the full and faithful performance by TENANT of
each and every provision, covenant, condition, and for the entire LEASE PERIOD, including the payment of late fees and other charges that
may be assessed. Commencing on the date hereof, if the LEASE is broken for any reason (e.g., drops out of school, changes their mind, is
found in violation of the Rules and Regulations Addendum, etc.), the full SECURITY DEPOSIT of the TENANT will be forfeited along with any
other money held by AGENT / OWNER including but not limited to rent outstanding and fees. If the apartment is condemned at any time due to
the fault of a TENANT, all SECURITY DEPOSIT and other monies held by the OWNER will be forfeited in their entirety. The SECURITY
DEPOSIT may not under any conditions be deducted by the TENANT from any.bilis that are due. The SECURITY DEPOSIT will be held until all
provisions of this LEASE have been fulfilled (including vacating of PREMISES on time, see Section TWELVE: MOVE-OUT, below). If a
TENANT terminates this LEASE before the commencement date for any reason, all monies including RESERVATION FEES and SECURITY
DEPOSITS will be forfeited as well as the rent that has been paid. In addition, TENANT will owe AGENT the FULL amount of monies due
stated in this LEASE. (see Section THREE: LEASE PAYMENTS, below) At AGENT'S discretion, a portion may be returned less administrative
costs, if and when the Apartment is re-rented prior to the commencement of the LEASE. Any portion of the SECURITY DEPOSIT may be
withheld for unpaid rent, damage due to breach of this LEASE or for damage above and beyond normal wear and tear by TENANT, by other
TENANT'S employees, guests or invitees.
In the event that any part of the SECURITY DEPOSIT shall have been utilized by the AGENT in accordance with the terms herein or applicable
law, TENANT shall upon delivery of notice, make payable within five (5) business days an amount equal to the charges assessed so that
OWNER shall have the full SECURITY DEPOSIT on hand at all times during the term of the LEASE and any renewal thereof or holding over.
Acceptance of this deposit by the OWNER does not constitute any waiver of damages that may exceed the amount of the SECURITY
DEPOSIT, or any waiver of any other rights the AGENT may have against the TENANT, at law or in equity, by reason of the TENANT default.
In the event of damages suffered by the OWNER by reason of the TENANT default, which exceed the amount of the deposit, the OWNER shall
be entitled to such additional damages along with the cost of exercising its rights, including attorneys' fees to recover monies owed. If TENANT
signs a new LEASE for a new LEASE PERIOD for the same unit and their SECURITY DEPOSIT is paid and/or reimbursed to full amount, no
additional SECURITY DEPOSIT is required at signing and SECURITY DEPOSIT will carryover to the new LEASE upon the expiration of this
LEASE.
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
Ryan True 2010-11-01
TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS
THREE: LEASE PAYMENTS. LEASE payments can be made at the AGENT's Leasing Office or online at_www.my_rentp rtal.com via check,
certified check, money order, ACH checking account debit or credit card charge. Failure of TENANT to pay any payment when due, OWNER/
AGENT has the right, at it's option, to terminate the LEASE immediately, TENANT shall be deemed a TENANT of sufferance, and TENANT
shall at once vacate the PREMISES, AGENT may re-enter and take possession of the PREMISES. These rights of the OWNER are
cumulative and not restrictive of any other rights under the law, and failure on the part of the OWNER/AGENT to avail itself of the KANTN"
any particular time shall not constitute a waiver thereof.
?rn_ ' -_A ENT z j Page 1 of 14 TENAN11
I EXHIBIT
If applicable, TENANT acknowledges that a parent or sponsor has executed a PARENTAL OR SPONSOR'S GUARANTY ADDENDUM in
connection of LEASE, which, among other things, allows AGENT to process payments for sums due from TENANT under LEASE, including
but not limited to rent, late fees, property damage, repair costs, animal violation charges, re-letting charges, utility charges, fines or other
amounts to such parent or sponsor's authorized credit card if not paid by TENANT. Unpaid rent charges will be charged to the authorized
credit card if payments are not received by 8:00 am on the tenth (10h) day of the month.
PAYMENTS
RESERVATION FEE
SECURITY DEPOSIT
APPLICATION FEE
PRO-RATED RENT
TOTAL INITIAL PAYMENT
Term of LEASE (# of months)
TOTAL LEASE PAYMENT DUE:
Amount
$300.00
$200 00
$10 New Tenant $0 Returning Tenant
$0.00
$300.00
2 Semesters
$4,278.00
All checks are written to MCA LLC for Madison /Brookside Court Apartments or CCA LLC for Creekside Court Apartments
Prorated Rent: $ 0.00 due
Payment 1: $ 350i7--crue March 1, 2011 ayment 5: $ due -Payment 9: $ --due
Payment 2: $ 1,839.00 due July 1, 2011 Payment 6: $ due -Payment 10: $due
Payment 3: $ 2,139.00 due November 1. 2011 Payment 7: $ due -Payment 11: $_ due
Payment 4: $ due Payment 8: $ due -Payment 12: $ due
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums.
Ryan True -Ry.. 2010-11-01
TENANT PRINTED NAME DATE WITNESS
FOUR: LATE CHARGES & BANK RETURNED CHECKS. TENANT agrees to pay any and all costs or percentages of collections to OWNER
that may incur during the collecting of a debt. A Seventy-five U.S. Dollars ($75.00) late fee will apply to all rent due and all charges billed to
TENANT (including but not limited to utility and repair charges) that are not received by OWNER within five (5) calendar days of date. TENANT
agrees that any and all monies collected by OWNER shall be applied to the oldest charge first and the balance to the newer charge. OWNER
has the right to pursue TENANT in Magistrate Court, or elsewhere, for all costs. Any outstanding balances owed to the OWNER shall be
applied to TENANT unfit payment is received in full. TENANT also agrees to pay a Fifty U.S. Dollars ($50.00) handling/administrative fee for
any check or automatic withdrawal returned by banks for any reason.
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums. -,.„n
..., , _' y] 2010-11-01
Ryan True I -,
TENANT PRINTED NAME TE NT SIGNATURE DATE WITNESS
FIVE: EXCESS UTILITY CHARGES.
All utilities such as water, sewer, electric, trash collection are included in the LEASE payment. TENANT shall, however, for any one month period the
total of charges for water, sewage, gas and electricity exceed the following per apartment type: 3-bed unit - $160 per month, for a 4-bed unit - $160
per month, TENANT shall immediately reimburse AGENT, as additional rent, TENANT'S pro rata share of such excess utility charges. On or about
the 25th AGENT agrees to invoice TENANT(S) at the close of month utility period for which this overage applies complete with utility and
governmental bills with the calculation of the Excess Utility Charge, and TENANT agrees to pay immediately
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
ew«.w x-e-a,o
addendums. r
Ryan True `.,.,..w. R=P4,d2010-11-01
TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS
SIX: INTERRUPTION OF SERVICE.
In no event shall AGENT be responsible for any interruption, shortage or reduction of utilities and or amenities supplied to the PREMISES as a
result of a utility or service provider issue. If interruption, shortage or reduction is potential issue of OWNER, then OWNER agrees to make all
reasonable efforts to restore utilities as soon as reasonably and practically possible. TENANT shall receive no rent reduction, nor will AGENT be
liable to TENANT, due to repairs or interruption of services of utilities or amenities (amenities including High Speed Internet Service or cable TV),
appliances, or equipment in or about the PREMISES or sue to defects in the PREMISES not caused by AGENTS fault, omission, negligence, or
other misconduct; or due to the inability of AGENT to obtain fuel, utilities, or repair/replacement parts.
SEVEN: RENEWAL NOTICE. If TENANT wishes to remain at MCA/BCA/CCA for the proceeding year, TENANT is requested to sign a Lease
renewal prior October 31st of the current year.
EIGHT: TERMINATION. If at any time TENANT breaks any clause, meaning or intent of this LEASE or Addendums at OWNERIAGENTS SOLE DETERMINATION
LEASE MAY BE immediately terminated, TENANT shall be deemed a TENANT at sufferance and be required to immediately vacate the PREMISES.
If at anytime during and before the expiration of the term of the LEASE TENANT shall remove or attempt to remove or vacate the Apartment, or default
in any of the covenants stated in this LEASE or Addendums, the LEASE terminates. TENANT expressly waives the benefit of all acts of
assembly requiring any period of notice to vacate the PREMISES upon termination of this LEASE and agrees to vacate immediately by such
LEASE termination. OWNER shall have full power and authority to institute any action at law or in equity for the collection thereof, of any and
all payments owed, to proceed by distress or any other process of the law to collect the same, or at OWNER option, declare the LEASE term
ended and re-enter the PREMISES and every part thereof and remove all persons there from, or to proceed by legal action the recovery
thereof. Furthermore, OWNER agrees that in the event of invocation of the provisions of this paragraph, OWNER may, at OWNER discretion,
?.a, s.-ate,,.,, ? ?,m ?,?.,s,.e
AGENT Page 2 of 14 TENANTRyan T ?e
immediately undertake to re-let the demised PREMISES at a reasonable rental rate, and any rentals received in connection therewith may at
OWNER sole choice be credited to the account of TENANT minus any reasonable charges for cleaning, damages or other costs incurred such
as advertising or commissions. When possible, the OWNER will provide adequate notice of such termination and relocation assistance when
available. This LEASE is assignable by the OWNER. AGENT reserves the right to reassign TENANT.
TENANT acknowledges reading/understanding this LEASE and his/her rV to consult with an attorney concerning LEASE and all
addendums.
Ryan True .....sa.R`ii: nT'2010-11-01
TENANT PRINTED NAME TENANT SIGNATURE -DATE- WITNESS
NINE: CASUALTY. Should the PREMISES be destroyed or so damaged by fire or other casualty as to become uninhabitable, this LEASE
shall cease from the date of the fire or other casualty.
TEN: MOVE-IN. TENANT agrees to take the apartment "as is." TENANT will be supplied with a move-in documentation consisting of a
Walkthrough Assessment for the apartment, documentation pertaining to fire safety duties of the TENANT, and important phone numbers.
OWNER shall not be liable for any damages whatsoever suffered by TENANT for failure to deliver possession of the PREMISES at the time
stipulated herein as to the date of commencement of the tenancy. TENANT will be permitted to enter and become responsible for apartment
after move in appointment with AGENT has been completed on the condition that all required forms have been properly completed and
SECURITY DEPOSIT and all Rents due have been received in full. TENANT has ten (10) business days from start of LEASE to accept the
door lock code and take possession of the PREMISES. TENANT has 24 Hours from possession of the key code and walkthrough to provide
OWNERIAGENT any additional items via tenant portal of corrections and/or deficiencies that were not outlined
on the Waikthrough Assessment. Defects not reported within this time of the first TENANT taking possession shall be presumed to have
occurred during the TENANT possession. Unless noted in writing within 24 hours of the first TENANT possession, the dwelling is deemed
to be in good order and acceptable to the TENANT.
ELEVEN: POSSESSION PRIOR TO COMMENCEMENT OF LEASE If permission is granted to TENANT to enter into possession of the
PREMISES prior to the date specified for the commencement of this term of the LEASE, TENANT covenants and agrees that such occupancy
shall be deemed to be under all of the terms, covenants, rules and regulations of this LEASE, with the rent provided for under this LEASE to be
apportioned on a daily basis for the period of occupancy prior to the LEASE start date.
TENANT acknowledges reading/understanding this LEASE a and his/h?eg z. ht to consult with an attorney concerning LEASE and all
addendums.
Ryan True , 2010.11-01
TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS
TWELVE: MOVE-OUT. OWNER encourages TENANT to review the condition of Apartmentpriorto vacating the PREMISES to ensure
TENANT has complied with move out procedures. After the LEASE ends, any occupancy by persons or property will cause SECURITY
DEPOSIT to be forfeited. If there are items or trash remaining or more than one hour of cleaning to be done, or repairs to be made at
5:30 PM on the date the LEASE expires for whatever reason, the entire SECURITY DEPOSIT will be forfeited in full To ensure proper
delivery of SECURITY DEPOSIT, each TENANT must leave a forwarding address with the OWNER/AGENT office. With the above conditions
met, the SECURITY DEPOSIT will be refunded following completion of repairs to damages, or after the expiration of the LEASE (whichever is
later). Any questions regarding the amount refunded of the SECURITY DEPOSIT must be made in writing and sent to AGENTS office. After
tone (1) month of the issuance of the returned SECURITY DEPOSIT, all SECURITY DEPOSIT matters will be closed. TENANT will return all
Move-Out documents by 5:30 PM on the day the LEASE ends and leave the PREMISES in a clean and sanitary condition. This LEASE shall
become null and void should conditions (acts of God, urban renewal projects, condemnations, etc.) arise that require the removal of TENANT
from the PREMISES. OWNER assumes no responsibility for personal items left in the Apartment or on the PREMISES after the end of this
LEASE (or after TENANT break/terminate this LEASE). Any property left on or about the PREMISES shall be considered to be abandoned and
at AGENTS option may become the property of AGENT and the title thereto shall be exclusively presumed as having vested in AGENT by
virtue of such abandonment. In disposing of said property at TENANTS EXPENSE, AGENT shall be entitled to discard, retain, or sell same
at any public or private sale,and TENANT hereby releases, holds harmless, and indemnifies AGENT from and against any and all claims to said property and against
AGENT. AGENT may be a purchaser at any such sale.
THIRTEEN: PET POLICY. Pets of any kind are STICTLY PROHIBITED. A $200 per day Pet Policy Violation will be assessed for every day the unapproved
animal resides at the premises.
FOURTEEN: DOOR LOCK CODES. Door Lock Codes or any other items issued at move in are the property of the OWNER/AGENT and must
be surrendered upon termination of residence. A door lock code change will be conducted for a forgotten or compromised original code. A
Forty U.S Dollars ($40.00) service fee will be assessed for such change. Payment required prior to change.
FIFTEEN: LOCKOUTS. Assistance for lockouts from OWNER will be assessed a Forty U.S Dollars ($40.00) service fee (payment required
before door code is changed) during business hours, and Seventy-Five U.S. Dollars ($75.00) between 5:30 p.m. and 8:30 a.m. Monday
through Friday and weekends. TENANT will be responsible for any damages caused by TENANT or their guests trying to access PREMISES or interior
rooms without key codes (such as broken windows, doorjambs, locks, etc.).
SIXTEEN: RULES & REGULATIONS. TENANTS are required to adhere to all policies and regulations outlined below and in any publications
designed for specific residence areas.
1.GENERAL
a.Solicitation and Advertising. Solicitation, sales, and advertising are not permitted property without prior written
authorization from AGENT. No door-to-door solicitation is permitted.
b.Parking. Only vehicles with a valid "The Lofts" decal sticker displayed on the on the right side of the rear window will be
permitted to park on the Premises. Any vehicle or other property parked on the premise without a valid decal sticker will be
towed at vehicle owner's risk and expense. One sticker will be distributed per bedroom. There will be a charge of Twenty
U.S. Dollars ($20.00) for the replacement of the sticker due to loss, theft, or destruction. Motorcycles must park in the
designated motorcycle parking area and may not park on the asphalt. The maintenance and washing of vehicles is not
permitted on the PREMISES.
c.Alcohol Policy. OWNER and AGENT adhere to all local and federal laws concerning underage alcohol consumption. Kegs of
alcohol are absolutely banned from PREMISES under any circumstances.
w AGENT Page 3 of 14 TENANT Ryan True
d.Sanitary Laws. TENANTS shall comply with all sanitary laws, with rules and regulations of municipal, state, or federal
authorities.
e.Community Responsibility. TENANTS are members of an apartment community and are expected to act responsibly and
not interfere with the rights, comfort, or safety of their roo.mmate(s) and other students. TENANT and TENANTS GUESTS will
comply with PROPERTY QUIET HOURS from 11 PM - 9AM Sunday through Thursday and 2AM - 9AM Friday and Saturday.
Furthermore, at any time, TENANT nor their GUESTS will not interfere with the right of quiet enjoyment of another other TENANT.
f.Drugs. The manufacturing, intent to deliver or possession of a controlled substance or drug paraphernalia is strictly
prohibited. If a TENANT or their Guest(s) are in violation of this rule, TENANT will be subject to LEASE violation and/or
eviction.
2.USE OF UNIT
a.Guests. TENANTS are responsible for the behavior of their guests. Overnight guests may not stay more than three
consecutive nights. The invitation of a guest to a room, apartment, or suite must meet with the consent of all roommates.
Guests may not stay in lounges.
b.Visitation. AGENT allows 24-hour visitation but does not permit cohabitation.
c.Use of Room. Rooms may not be used for illegal purposes. TENANTS are responsible for ensuring that their personal conduct
and the conduct of their guests is not in violation of local, state, or federal laws. AGENT reserves the right to inspect and
perform work in student rooms, apartments, or suites at any time to ensure that all health, safety, maintenance, fire, and all
complex policies are being followed.
d.Windows and Screens. TENANTS will be charged for the replacement of broken windows deemed to be caused by their or
their guest's negligence. Do not place foil, cardboard, etc. over windows. Any screen damaged by resident or guests will be
replaced/ repaired. TENANT will be charged accordingly and payment will be due at time of repair.
e.Balconies and Patios. PLEASE keep balcony or patio neat and free of mops, brooms, drying towels, trash, hanging clothing to
dry, etc. A few plants and patio furniture are acceptable. A maximum of 6 persons are allowed on the balcony at any one
time. No signs, flags, banners, lights, decorations, advertisements, tiki torches or any other article may be affixed or
displayed on the exterior windows, doors balcony, railings or exterior of the building in any manner.
f.Plumbing. Misuse or carelessness of drains, commodes, dishwashers, or disposals will not be tolerated. If a repair is
necessary due to TENANT negligence, TENANT account will be charged. Any leak should be reported to the office
immediately. Do not pour grease down drain, flush paper towels, or feminine products in commode.
g.Additional Fixtures or Appliances. Including but not limited to washing machines, dryers, dishwashers, space heaters and air
conditioners are not permitted.
h.Noise. TENANTS must not disturb neighbors. Keep stereos and music levels to a minimum. If a complaint is made on
TENANT apartment you will be issued a LEASE violation. TENANTS are responsible for the behavior, noise or problems
occurring due to any of TENANTS guests. TENANT and TENANTS GUESTS will comply with PROPERTY QUIET HOURS from 11 PM - 9AM
Sunday through Thursday and 2AM - 9AM Friday and Saturday. Furthermore, at any time, TENANT nor their GUESTS will not interfere
with the right of quiet enjoyment of another other TENANT.
i.Trash. AGENT provides TENANT with ample trash receptacles or dumpsters. Throwing of trash on grounds will not be
tolerated. If TENANT is found dumping trash on the site or not bringing trash bags to the dumpster and not placing trash into dumpster TENANT
will be fined and issued a LEASE violation. TENANT will dispose of trash and garbage in the designated location and procedure as outlined
by AGENT for each respective building or living area. There is a Fifty U.S. Dollar ($50.00) charge per incident or per bag or any
violation of this policy.
j.Maintenance. Maintenance is done on a regular monthly and on an as-needed basis. Only emergency types of maintenance
issues will be handled after hours or on weekends. Examples of emergencies are flooding of the apartment, loss of utilities or
loss of refrigeration. Air conditioning issues and lockouts are not considered an emergency. TENANTS will be financially
responsible for any maintenance problems they cause.
k.Locks. All of the necessary locks for TENANT unit and individual room are provided by AGENT. No locks or locking
mechanisms may be changed or added to main entry door or bedroom doors.
I.Walls: Only 3M or similar double sided tape should be used to hang pictures, posters, etc. Sheet rock hooks or small nails
Holes caused by other more damaging instruments will subject TENANT deposit to deductible amounts accordingly. PLEASE do not attach
anything of permanent nature, as a penalty will result. Painting and wallpapering of any nature is not permitted.
m.Fire Hazards. Gar or charcoal grills are not permitted inside of units, or on the balconies/breezeways or patios and may not be stored in
any common area on the property, nor may any type of accelerant, fuel, or other combustible material that would increase the
risk of fire, to be stored in the apartment or in any common area on the Premise. Kerosene or electric heaters or any other auxiliary heating
source or burning candles or incense is not permitted. Violations of this rule may lead to fines and/or eviction.
&PROHIBITED ACTIVITIES. The following are PROHIBITED in or around PREMISES and are subject to immediate action and/or
removal by AGENT.
a.Pets - see Section THIRTEEN: PET POLICY, above.
b.Smoking is not permitted inside any unit. Cigarettes are not to be thrown off the balconies or
anywhere else on PREMISES.
c.Weight-lifting equipment (weighing more than a total of 25 pounds) in rooms, apartments.
d.Bicycles, except when stored in students' rooms or in designated areas where they do not block fire exit routes.
e.Motorcycles, except in authorized locations parking lot areas.
(.Outside antennae for television or radio.
g.Water beds, lofts, and illegal elevation or stacking of furniture.
h.Unauthorized decoration of room, apartment, or suite surfaces or doors with paint or adhesive-backed wall coverings such as
wallpaper or contact paper.
i.No arms. Possession or use of firearms (including BB guns, pellet guns, spring-loaded guns, or paint ball guns), ammunition,
fireworks, other dangerous weapons (including the following, which are illegal in West Virginia: chukka sticks, gravity knives,
Billy clubs or nightsticks, blackjacks, metal knuckles, or wrist brace-type slingshots), or other dangerous substances are not
permitted.
PL;yF„?,?w,,,.,,. I Page 4 of 14 TENANTj__AXW.Zi'jP-.
J
j.Storage or use of flammable or explosive liquids or gases including lighter fluid is not permitted.
k.Possession and/or use of electrical equipment and appliances in private bedroom areas. LE (microwaves, hotplates, mini
fridges, electric heaters) is not allowed.
(.Tampering with or misuse of elevators or fire and safety equipment (e.g., fire alarms, door alarms, fire extinguishers, exit
signs, emergency phones, fire doors, sprinklers, or smoke or heat sensors) and/or failure to respond to fire alarms.
m.Propping open of unit front door. No item may be hung outside the building from balconies or out of windows.
n.Engaging in any other activity determined to be in violation of health, fire, safety, and/or maintenance codes.
o.Possession or use of candles, incense, potpourri burners, charcoal or gas grills, space heaters, or anything that uses an
open flame.
p.Damaging or misusing OWNERS Property and/or the provided furniture (e.g., moving furniture from public areas into
individual rooms, relocating or removing OWNERS Property from a room or building, or nailing hooks into OWNERS
provided furniture, walls, ceilings, or doors).
q.Removing room screens or safety bars, suspending articles from windows and/or ledges, or throwing objects of any kind
from buildings or breezeways.
r.Presence on building roof areas and window ledges or in other unauthorized areas.
s.Playing ball, Frisbee, or any other sports in individual rooms or apartments.
t.Disruptive behavior or excessive noise of any kind.
u.Physical, verbal, or mental harassment of any individual.
v.Changing or adding locks to individual room or apartment entrance doors.
wAmplification (electrical or otherwise) of any musical instrument, or playing of drums.
x.Theft or unauthorized possession of OWNERS property or property that belongs to an individual or group.
y.Unauthorized entry into, tampering with, or use of facilities, property, services, or resources belonging to the OWNER, its
community members, guests or licensees.
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums. f??? "
Ryan True L..".«= 2010-11-01
TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS
SEVENTEEN: VEHICLE PARKING. Any vehicle parked by TENANT or TENANT'S family, employees, agents or guests in the parking areas
must display, as directed by AGENT, a valid parking decal sticker as provided by AGENT, one per TENANT. Any vehicle or other property
parked on the PREMISES without a valid parking decal sticker or not parked within our designated, lined parking spaces will be towed at
owner's risk and expense. TENANT will obey all parking and speed regulations which AGENT may promulgate or post and park, in the
designated parking areas, only one properly tagged and functioning passenger motor vehicle, or truck whose appearance, in AGENTS
reasonable opinion, does not detract from the apartment community, and will not permit nor maintain any commercial vehicles or trucks in
excess of 3/4 ton GVW, trailers, campers or boats in or about the apartment community. TENANT shall not use any parking area on AGENT'S
property for the storage or repair of any motor vehicle or other property and will remove any unauthorized vehicles or other property from said
parking areas within 24 hours of request by AGENT. If TENANT shall fail to comply with this, Section SEVENTEEN: VEHICLE PARKING,
TENANT agrees to pay AGENT at the rate of Fifteen U.S. Dollars ($15.00) per day, for the use of said parking area. Any vehicle or other
property improperly parked, or stored, so as to block or inhibit access to any dumpster or fire lane will be towed, or otherwise removed, at its
owner's risk and expense. The TENANT agrees that the AGENT shall not be responsible for any loss, theft or damage to the motor vehicle or
to any articles left in the motor vehicle, parked on the PREMISES by the TENANT, its agent or invitee.
EIGHTEEN: USE OF PREMISES. The TENANT shall use the PREMISES for residential purposes only. No commercial venture or business of
any kind may be operated from the PREMISES. All parties living in said apartment must be a party on the applicable, executed LEASE, with
the exception of minor children. The TENANT may allow temporary guests to stay on the PREMISES, only with the consent of all roommates in
the applicable apartment and written notification to AGENT/Owner, a maximum of seven days per calendar month. The use of the PREMISES, balconies, elevator,
parking spaces, laundry equipment, volleyball court, pool, grilling area, clubhouse, fitness center, computer lab, community kitchen, and all other common
facilities provided by AGENT shall be at the risk of TENANT, TENANT'S guests, invitees, employees and agents, each of whom does hereby
and release and indemnify AGENT from and against any claim, demand, debt, liability, judgment, cost or expense, damage to person or
property or injury to or death of any person arising out of use of such common areas. TENANT covenants that he will (a) keep the part of the
PREMISES he uses and occupies safe and sanitary; (b) dispose of all rubbish, garbage and other wastes in a clean, safe and sanitary manner
in the large steel dumpsters provided by AGENT for the purpose only; (c) refrain and forbid his guests from intentionally or negligently
destroying, defacing, damaging or removing any fixture, appliance or any part of the PREMISES or common area; (d) conduct himself and
require his guests to conduct themselves in a manner which will not disturb his neighbors peaceful enjoyment of the PREMISES. TENANT
shall not allow any hair, thread, razors, toothbrushes, bottle caps, rags, paper towels or rubbish of any kind to enter the drainage pipes of the
toilet, sinks or bathtub of the PREMISES. TENANT shall be billed for the labor and parts to repair damages due to such negligence. Such
damages that occur in the shared areas of the PREMISES are the shared responsibility of the TENANTS and resulting charges shall be divided
between every TENANT of the PREMISES unless one TENANT willingly assumes responsibility for said damage
NINETEEN: USE OF FACILITIES AND AMENITIES.Use of all facilities and amenities which AGENT provides for TENANT'S comfort, such as a swimming pool,
parking areas, volleyball, basketball, tanning rooms, fitness center, clubhouse and computer center, high Speed Internet, cable TV (none of which facilities or
amenities are included in the rent) solely at TENANT'S own risk, and TENANT agrees that AGENT shall not be responsibly for any injury to person or loss or
damage to property arising out of TENANT'S use thereof, unless the same is caused solely by AGENT'S fault, omission, negligence or other misconduct.
Furthermore, TENANT will not hold AGENT/ONWER responsible for any outages or inability to use such amenities or facilities.(i.e. withholding rent due to outages)
The AGENT may revoke use of any of these facilities without affecting the remainder of this LEASE. AGENT will provide a seasonal outdoor swimming pool for
TENANT'S use in common with others, TENANT agrees to comply with, and to cause TENANTS family and guests to comply with, all rules and
regulations relating to the use thereof, which AGENT posts at or near the pool or mails to TENANT (in accordance withSIXTEEN: RULES &
REGULATIONS of this LEASE. A failure to comply with said rules and regulations may result, at AGENT'S option, in AGENT revoking TENANT'S use of the pool.
TWENTY: DISTURBANCES. TENANT shall maintain order in the building and shall not make or permit any improper noises in the building or
interfere in any way with other TENANT or those having business with them. Nor shall TENANT, TENANT family, or guests act in a disorderly,
boisterous, or unlawful manner or disturb the rights, comforts, or conveniences of other persons in the area in which the PREMISES are
located. TENANT agrees to comply with all rules, orders, ordinances, and regulations of the county government and with all statutes, rules, and
regulations of the State of Pennsylvania and with all statutes and rules and regulations of the United States and all policies and regulations of
AGENT (see SIXTEEN: RULES & REGULATIONS, above). TENANT agrees to observe traffic regulations concerning speed limits and
parking within the area of residence. TENANT also will observe such other and reasonable rules and regulations as OWNER, in the judgment
of AGENT, may from time to time promulgate in writing to the TENANT for the safety, care and cleanliness of the PREMISES, the building, and
for the preservation of good order therein. In this regard, OWNER reserves the right to relocate TENANT to other PREMISES or to terminate
this LEASE if OWNER or AGENT, determines that TENANT has demonstrated behavior that significantly disrupts or poses a danger to the
PREMISES, common areas, neighboring TENANT or other parts or aspects of the TENANT complex in which TENANT is located.
TWENTY-ONE: ILLEGAL DRUGS. If TENANT, TENANT'S employees, agents, invitees and/or guests, engage in, permit or facilitate any drug
related criminal activity on or about the PREMISES, TENANT will be deemed to have substantially and materially breached this LEASE with
r? Re ??tt ?? l
??.,---rhrr Q ?Fr??s o terminate TENANT'S occupancy of the PREMISES. The term "drug -related criminal activity" means the illegal
?f,RM ,a,,. Page 5 of 14 TENANT]„"
Comprehensive Drug Abuse Prevention and Control Act (21 USC 802(6), as amended) or if the AGENT has actual knowledge of or has
reasonable cause to believe that the TENANT or any person on the PREMISES with the consent of the TENANT previously has or presently is
engaged in a violation as described in the State Law Of Pennsylvania dealing with drug offenses.
TWENTY-TWO: LIABILITY OF AGENT. AGENT shall not be liable for any injury, damage or loss to person or property caused by other
TENANTS or other persons, or caused by theft, vandalism, fire, water, smoke, explosions or other causes unless the same is exclusively due
to the omission, fault, negligence or other misconduct of the AGENT. Failure or delay in enforcing LEASE covenants of other TENANTS shall
not be deemed omission, fault, negligence or other misconduct on the part of the AGENT. TENANT shall defend and indemnity AGENT from
any claim or liability from which AGENT is hereby exonerated.
TWENTY-THREE: AGENCY. If any employee of AGENT'S at TENANT'S request, moves, handles or stores anything, or drives or parks
TENANT'S motor vehicle, then and in every case, such employee shall be deemed TENANT'S agent, and AGENT shall not be liable for any
loss, damage or expense in connection therewith. All property that is on the PREMISES during the term shall be at the sole risk and
responsibility of TENANT.
TWENTY-FOUR: NON-WAIVER. Failure of AGENT to insist upon a strict compliance with any of the covenants, rules or regulations or any
other provision of the LEASE, or to exercise any option herein contained, shall not be construed as a waiver of such a covenant, rule,
regulation or option. All covenants, rules, regulations and options under the LEASE shall remain in full force and effect, and AGENT shall not
be liable or responsible to TENANT for the violation of any covenant, rule or regulation in any other LEASE by any other TENANT.
TWENTY-FIVE: FURNITURE & FIXTURES. Any equipment (cabinets, shelves, furniture, appliances etc.) attached to the building with the
consent of AGENT, will become a permanent part of the building and will not be removed without consent from the AGENT. Removal of any
furnishings including all fixtures from PREMISES is prohibited. No alterations are to be made to the furniture or fixtures. Additional furnishing
brought into the PREMISES must be freestanding and clear of all existing fixtures, furniture or walls.
The following items are provided by the OWNER for TENANT use:
1x Electric Stove/ RangeX 1x Computer DeskX
1x Coffee Table X Light FixturesX
1x Computer Desk ChairX 1x End TableX
1x Ceiling Fans-Varies by Unit X 1x Under Bed Chest of Drawers X
1x 3 Person CouchX 1x Oversized ChairX
1x Electric Water HeaterX 1x Full Size Washer and DryerX
1x 54"x75" or 1x 36"X80" Steel Bed Framex 1x Double 54"x75" or 1x 36"X80" Mattress X
1x Electric Heat Pump / Central AirX 1x Fire Extinguisher in KitchenX
1x Dining Room TableX Dining Room Chairs X
Ix Refrigerator X 1 x Under Cabinet Microwave X
1x Dishwasher X Mini Blinds X
1x Fire Alarm System / Strobe Lights / Smoke/Fire Detection Devices & Sprinkler Heads / Fire Detectors"X
All items above are to be maintained in good repair by TENANT. Appliances listed above are provided as a convenience for the TENANT.
Items are not to be removed from the PREMISES or rearranged within the apartment at any time without the expressed written consent of the
AGENT. Any fixture / appliance / furniture supplied by OWNER shall be supplied in "as is" condition. OWNER/AGENT is not required to
replace or repair such items if damaged or worn. TENANT is responsible for all repairs and maintenance of above items.
TWENTY-SIX: MAINTENANCE, SMOKE DETECTOR BATTERIES, LIGHTBULBS. TENANT agrees to make normal repairs, to include, but
not limited to, replacing light bulbs with same energy efficient light bulbs, smoke detector batteries, vacuuming and shampooing carpets regularly during
the course of the LEASE. TENANT will notify AGENT of any smoke/fire detectors that are not working properly immediately and request a repair or replacement.
TENANT will pay for any damage to Property if TENANT fails to notify AGENT of defective smoke/fire detectors. Any damages (broken
windows, clogged commodes, entrance locks) resulting from TENANT negligence or abuse are the responsibility of the TENANT, and
TENANT specifically agrees to pay for the repair of such at the time of the repair by AGENT (see Section TWENTY-EIGHT: CLEANING,
REPAIR & REPLACEMENT, below). These terms also apply for service to plumbing when the TENANT or their guests cause the plumbing
problems. OWNER or AGENT will do inspections as needed. Repair costs necessitated because of the negligence or neglect of TENANT,
TENANT guests, invitees, or employees are the responsibility of the TENANT. Damages that occur from normal wear and tear to any
appliance, furniture, or housing fixture must be reported within 5 days of the incident or such damages will be considered to have
been caused by the TENANT. Except for normal repairs specified herein; TENANT shall not make needed repairs themselves without
OWNERIAGENT written consent. TENANT shall purchase and install 60-watt bulbs that burn out during the term of the LEASE; however,
AGENT shall replace any fluorescent bulbs and the vanity bulbs in the bathroom upon TENANT request.
TWENTY-SEVEN: NORMAL WEAR & TEAR. Accumulation of excess grease and/or dirt and damage to walls, ceilings, floors or appliances
will not be considered ordinary wear and tear and if not properly cleaned, cleaning charges will be deducted from the SECURITY DEPOSIT. If,
in the OWNER sole discretion, trash accumulates or living conditions amount to a health / safety condition, then OWNER may hire appropriate
people to clean the PREMISES to reasonable living conditions, and bill the TENANT. Specifically, TENANT is responsible for any and all
damage to their Apartment and any other Apartment(s) caused by TENANT neglect. As an example, flooding due to clogged toilets, tub/
shower/sink overflows, and/ or misuse of dishwasher, etc is TENANT neglect.
WEAR AND TEAR items only include items that are not caused by TENANT but are a result of normal use over the years of the apartment
including loose or stubborn door locks, loose hinges or handles on doors, worn carpeting, carpet seams unglued, worn but not chipped/bumed/
cut counter tops, stain on ceiling from rain or bad plumbing, drywall settlementfaded, chipped or cracked paint but not marks caused by
TENANT, loose wallpaper, faded curtains and drapes, heat blistered blinds, dirty window or door screens not caused by TENANT, sticky
window, loose faucet handle, toilet runs, and closet bi-fold door off track. Damages that occur from normal wear and tear to any appliance,
furniture, or housing fixtures must be reported within 5 days of the incident or such damages will be considered to have been caused
by the TENANT.
TENANT acknowledges read ing/understa inch ,LEA /P ri ht to consult with an attorney concerning LEASE and all
addendums.
Ryan True 2010-11-01
TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS
TWENTY-EIGHT: CLEANING, REPAIR & REPLACEMENT. TENANT is expected to leave the unit in the exact same or better condition it
was prior to their occupancy less normal wear and tear as defined above. If any additional costs are incurred on the part of the AGENT/
OWNER to return the unit to the exact same condition prior to occupancy is sole financial responsibility of the TENANT. We request that the
units are treated with respect and kept in great condition for those to enjoy after your stay.
CLEANING & REPAIR. If prior to moving the items below are not cleaned and left in satisfactory condition, the following charges are
w A F Page 6 of 14 TENANT "?eo+_ ,,...semn.?o.f
the SECURITY DEPOSIT, the TENANT will be responsible for reimbursing AGENT for the deficiency. " PLEASE note: not all items
potentially requiring cleaning or repair are listed. The TENANT will be charged if such items not listed require cleaning or repair. "
Any Appliance - $35
Tub / Shower - $30
Carpet - From $100
Tile Floor - $20
Toilet - $20
Cabinet - $35
Sink- $10
Countertops - $25
Countertops - $15
Furnilure-any - $35
Tile - $25
Hole in wall - $15-75
Mirror - $10
Trash removal - $50/bag
Carpet - $35
Painting - $50 - 750
Closet - $15
Fire extinguisher $25
Furniture - $35
Washer - $35
Mini Blinds - $40
Dryer- $35
Lost Smart Card $10
Tile - $15
Clogged Toilet- $50
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums. « _ n
Ryan True [E _R. nn T 2010-11-01
TENANT PRINTED NAME TENANT SIGNATURE,,. DATE WITNESS
REPLACEMENTS. If any items are missing or damaged beyond reasonable "wear and tear", they must be replaced upon tenancy
expiration / termination. All costs for items and any/all labor and service charges are the responsibility of the tenant. An average list
of charges are listed below, though these prices are subject to change and list is a guide and not inclusive of all potential
replacements.
Window glass - $75 - 250
Window Screen - $75
Light bulbs - $3 each
Fire Extinguisher $50
Doors - $75 - 450
Towel Bar- $20
Countertops - $100 - 500
Fridge Shelves - $30
Appliances - $350 -750
Carpet - $150 - 2000
Washer- $750
Door Lock Code - $40
Tile - $250-1,000
Dryer - $750
Mini Blinds - $50
Bike Rack - $50
Mirrors - $75
Shower Rod - $25
Light Globes - $30
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums. "
Ryan True 2010-11.-01
TENANT PRINTED NAME rcrv rVT?IL?,IVHI VKC A WITNESS
TWENTY-NINE: APARTMENT ALTERATIONS. TENANT is not to make any changes of any nature, including painting without first obtaining
written consent from said AGENT, and the TENANT agrees to notify the AGENT when any repairs are needed to the furnishings or
PREMISES, and AGENT shall not be liable for any failure to repair in the absence of such notice.
THIRTY: INTERNET & NETWORK USAGE POLICY. Provided computer network system / internet access is owned, operated and maintained
by OWNERIAGENT. It is provided as a tool for your success and a venue for reasonable recreation only. Downloading, uploading or otherwise
transmitting any type of illegal content across this network is strictly prohibited. This includes trademarked, copyrighted and otherwise restricted
materials. Any violation of these policies will result in corrective action including but not limited to revocation of interneUnetwork access and/or
eviction. Users have NO REASONABLE EXPECTATION OF PRIVACY while using this Network/internet access. Any and all data contained
herein may be monitored, intercepted, recorded, read, copied, or captured in any manner by authorized personnel. System personnel or
supervisors may give law enforcement officials any potential evidence of crime, fraud, or user misconduct found on this and all connected
computer systems. Furthermore, law enforcement officials may be authorized to access and collect evidence from this system. USE OF THIS
SYSTEM/NETWORK/INTERNET ACCESS BY ANY USER, AUTHORIZED OR UNAUTHORIZED, CONSTITUTES EXPRESS CONSENT TO
THIS MONITORING.. PLEASE SIGN BELOW TO AGREE TO ALL THE CONDITIONS STATED ABOVE. ALL USERS MUST HAVE UPDATED
VIRUS SOFTWARE ON THEIR COMPUTER OR ACCESS TO THE NETWORK WILL BE DENIED.
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums.
Ryan True, 2010-11.01..
TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS
THIRTY-ONE: OWNER ENTRY & INSPECTIONS - MONTHLY. OWNER/AGENT reserves the right to enter the PREMISES at reasonable
times without prior notice to determine TENANT compliance with the terms and conditions of this LEASE, to make any repairs or perform any
maintenance for which AGENT is responsible, and to show the PREMISES to perspective TENANT. TENANT is responsible for keeping
PREMISES, steps, hallways, and parking areas clean and presentable at all times. OWNER/AGENT reserves the right to enter the
PREMISES at any time that the AGENT in its sole discretion, determines that there exists an emergency situation involving the PREMISES or
a situation that presents a danger of damage to person or property and/or loss of life. Normally, maintenance and repair work will be performed
between the hours of 8:30 a.m. and 5:30 p.m. The OWNER/AGENT shall have the right to enter the PREMISES without prior notice in order to
inspect the PREMISES, make necessary or agreed repairs, decorations, alterations, additions or improvements, supply necessary or agreed
services or exhibit the dwelling, check to see if the TENANT is in compliance with the terms and conditions of this LEASE or show the
PREMISES to either prospective or actual purchasers, mortgagors, TENANTS, or workmen.
OWNER/AGENT will enter the apartment on a monthly basis to conduct routine apartment maintenance and inspections including pipe
checks, HVAC filter changes and perform pest control measures.
TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all
addendums. E.da a,o
Ryan True 2010-11.01
TENANT PRINTED NAME 'IT NHNT_T1'G I LT? DATE WITNESS
lI er+ +n eowmro,w.nraurc.n.,.?mn1l
Page 7 of 14
THIRTY-TWO: ASSIGNMENT & SUBLETTING. TENANT agrees to not assign this LEASE or to sublet said PREMISES, or any part thereof,
without written consent of said OWNER/AGENT and any transfer in violation of this prohibition shall be automatically null and void. At AGENT
sole discretion, AGENT may grant or withhold such written consent. If AGENT allows sublet, there will be a Two Hundred U.S. Dollar
($200.00) administration fee payable immediately. TENANT shall not allow any other person, or persons, regardless of age, to occupy any
part of the apartment unit without prior written consent of OWNER or AGENT. Subleasing or occupancy by anyone other than a SU student
is strictly prohibited. In addition, rooms assigned in this LEASE can only be changed at discretion of AGENT or OWNER.
THIRTY-THREE: ROOM ASSIGNMENTS. TENANT of a three or more bedroom apartment agree that the apartments are designed for multiple
occupancy and that AGENT has the right to make assignments during the term of this LEASE to reassign TENANT to other apartments or to
assign other occupants to TENANT'S apartment where necessary to maintain a fully occupied unit. Any TENANT of a three or more bedroom
apartment which is not fully occupied are not to utilize in any way the other bedrooms or baths. Use of unoccupied spaces by TENANT or
TENANT guest will result in additional rental and administrative charges in the amount of One Hundred U.S Dollars ($100.00) per day.
There is a Two Hundred U.S. Dollar ($200.00) charge for any request of the TENANT to transfor to a new unit whether prior to or during
occupancy, and such request must be approved solely by the AGENT.
THIRTY-FOUR: HOMESTEAD EXEMPTION. TENANT hereby waives and renounces for him/herself and family any and all homestead and
exemptions rights he/she or they may have under or by virtue of the laws of the State of Pennsylvania or the United States as against any
liability that may accrue under this contract.
THIRTY-FIVE: CLIMATE CONTROL. TENANT acknowledges and understands that (a) the assigned space is located in a climate in which
temperatures, humidity, and other naturally occurring conditions normally allow the growth of mold and mildew in locations where dampness or
moisture are present; and (b) upon moving into the assigned space, TENANT will have control over and knowledge concerning conditions in the
interior of the assigned space. Therefore, TENANT agrees to set thermostats to provide appropriate climate control and maintain the assigned
space in a clean condition by mopping, vacuuming, or wiping hard surfaces with a household cleaner. TENANT is to remove visible moisture or
condensation on floors, walls, windows, ceilings and other surfaces promptly. In addition, TENANT must take other measures as may be
necessary to prevent mold and mildew from accumulating in the assigned space (including without limitation reporting immediately to the
AGENT any evidence of water leaks or mold or mildew-like growth). Thermostats are locked for cooling during spring and summer months at a
minimum of 72 Degrees and for winter months for heating at a maximum of 70 Degrees. During winter months thermostats should be set on
heat, during spring/summer months thermostats should be set on cool. The fan setting should always be set on AUTO. In addition, windows
should be completely shut while the HVAC units are in use, in winter and spring/summer months to ensure efficiency.
THIRTY-SIX: COMMON AREAS. Common areas include but are not limited to hallways, stairways, sidewalks, courts, entry passages,
pavilions, lounges, studies, utility and storage rooms, grounds, and building exteriors. No items are to be placed in or attached to any common
areas without the express written consent of AGENT, including but not limited to any type of antenna or satellite dish. TENANT is expected to
take every precaution to assure that common areas are not abused. TENANT is responsible for all damage and loss to the common areas
caused by him/her or members of his/her family visiting the PREMISES or his/her guests visiting the PREMISES, including damage to and loss
of fixtures and furnishings in the common areas as well as damage to the common areas themselves, whether or not due to negligence.
TENANT shall not obstruct or use any sidewalk, court, entry passage, hall, or stairway for any purpose other than ingress and egress.
THIRTY-SEVEN: FIRE SAFETY. Open Flames, Extension Cords, Space Heaters, Barbecue Grills, & Tiki Torches are prohibited. Smoke
Alarms will not be tampered with or rendered inoperable. Open flames are strictly prohibited in or around PREMISES and beneath covered
areas (i.e., stairwells), except when provided by OWNER in designated areas. Extension cords (besides power strips with breaker switches)
and space heaters are also prohibited. If these items are found in use, they will immediately be confiscated and not returned. Barbecue Grills,
other than ones provided by OWNER, and Tiki Torches are prohibited in or around all structures. TENANT agrees to let OWNER permanently
remove and permanently confiscate any grills, torches or other flammable items found in contradiction of this provision at any time.
THIRTY-EIGHT: INDEMNITY. TENANT hereby releases AGENT from any and all damages to property or injury to persons and will hold the
AGENT harmless from all such damages during the term of LEASE, arising from the bursting or leaking of water from any act of negligence of
TENANT, of any CO-TENANT or adjoining TENANT or any other persons whomsoever. All personal property placed in the PREMISES, or any
other place APPUR-TENANT thereto, shall be at TENANT sole risk, and neither OWNER nor AGENT shall not be liable to TENANT or
TENANT family, employees, invitees, or licensees for any damage, loss, theft, caused by water, snow or ice or destruction thereof unless
caused by the sole negligence of OWNER or AGENT. TENANT understands that OWNER insurance does not cover TENANT, TENANT
property or guests. TENANT must have renters insurance, fire and liability insurance to protect TENANT, TENANT property and guests who are
injured while on the property. TENANT is responsible for all damage to the LEASED PREMISES and injury to people caused by TENANT,
TENANT family or guests. TENANT agrees the OWNER is not responsible to TENANT, TENANT family or guests for damage or injury caused
by water, snow or ice that comes on the LEASED PREMISES.
THIRTY-NINE: INSURANCE. During the term of this LEASE, and any extension thereof, TENANT should, at TENANT'S sole cost and
expense, purchase renter's form homeowner's insurance coverage providing for personal liability (bodily injury and property
damage) coverage with a limit of not less than $500,000.00 each occurrence and $5,000.00 in medical payments coverage and further,
providing coverage to keep TENANT'S personal property on and in the PREMISES insured for the benefit of TENANT against loss or damage
resulting from broad form named perils on a replacement cost basis. TENANT acknowledges that AGENT does not carry any insurance on
TENANT'S personal possessions. Such insurance policy mustname AGENT & OWNER as an "additional loss payee and additionally
insured" on issued Certificate of Insurance.
TENANT acknowledges reading/understanding this LEASE and hisMer right to consult with an attorney concerning LEASE and all
addendums. UTI Ryon True LEA 2010.11-01
ItxN t'li= 'IUTZI-- DATE WITNESS
TENANT PRINTED NAME 'f
FOURTY: BINDING EFFECT AND APPLICABLE LAW. The covenants, conditions and LEASES herein shall apply to and bind the heirs,
executors, personal representatives, successors and assigns of the parties hereto. If any provision of this LEASE is held to be invalid or
unenforceable, all other provisions shall nevertheless continue in full force and effect.
This LEASE shall be given effect and shall be construed by application of the law of Pennsylvania.
FOURTY-ONE: NOTICES AND SERVICES OF PROCESS. Notices may be served upon the TENANT in person or by regular mail whether or
not mailing is accepted by TENANT. Written notices to AGENT or OWNER as required herein must be presented to: MCABCA/CCA LLC, 14
Kenneth Ave Apt 2 or 2 Morningstar Lane Suite A Shippensburg PA 17257.
FOURTY-TWO: TIME IS OF THE ESSENCE. Time is of the essence of this LEASE
FOURTY-THREE: SEVERABILITY. If any provision of this LEASE or application hereof to any person or circumstance is held invalid, that
invalidity shall not affect other provisions or applications of this LEASE which can be given effect without the invalid provision or application;
and to this end, the provision of this LEASE are declared to be severable.
?w APage 8 of 14 TENANTi7,,M.w.?l;
FOURTY-FOUR: SUBORDINATION, ATTORNMENT, ESTOPPEL CERTIFICATES. In consideration of the execution of this LEASE by
AGENT, TENANT accepts this LEASE subject to any master leases, security interest or first mortgage which might now or hereafter constitute
a lien upon the PREMISES or any building or improvements within the apartment community and to zoning ordinances and other building and
fire ordinances and governmental regulations relating to the use of the PREMISES or the common areas of the apartment community. Although
no instrument or act on the part of the TENANT shall be necessary to effectuate such subordination, TENANT shall, nevertheless, for the
purposes of confirmation, at any time hereafter, on demand, in the form(s) prescribed by AGENT, execute any instruments, certificates,
releases or other documents that may be requested or required by any holder of any superior interest for the purposes of subjecting and
subordinating this LEASE to the lien of any such master LEASE, security interest, mortgage, or superior interest. TENANT hereby appoints
AGENT as his/her attorney in fact, irrevocably to execute and deliver any such instrument or document for TENANT should TENANT fail or
refuse to do so. In the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under, any
mortgage made by the owner of the apartment community or in the event a deed is given in lieu of foreclosure of any such mortgage, TENANT
shall attorn to the purchaser, or grantee in lieu of foreclosure, upon any such foreclosure or sale and recognize such purchaser, or grantee in
lieu of foreclosure, as the AGENT under this LEASE. TENANT agrees to furnish from time to time when requested by AGENT, a certificate
signed by TENANT to the effect that this LEASE is then presently in full force and effect and unmodified (or has been modified and is as set
forth in the certificate); that the term of this LEASE has commenced and the full rental is then accruing hereunder: the amount of rent currently
being paid by the TENANT; that TENANT has accepted possession of the PREMISES and that any improvements required by the terms of this
LEASE to be made by AGENT have been completed to the satisfaction of TENANT; that the address for notices to be sent to TENANT is as set
forth in this LEASE(or has been changed by notice duly given and is set forth in the certificate); that TENANT, as of the date of such certificate,
has no charge, lien, or claim of offset under this LEASE or otherwise against rents or other charges due or to become due hereunder; and that
to the knowledge of TENANT, AGENT is not then in default under this LEASE. The certificate shall also contain such other and further
information as may be requested by AGENT.
FOURTY-FIVE: ASSIGNABILITY. This LEASE is fully assignable to all rights, obligations of TENANT to any third party by sole decision of
AGENT.
FORTY-SIX: RESPECT OF AND INTERACTION WITH OWNER/AGENT: Tenant understands and acknowledges that Owner/Agent is made available for
their benefit. AGENT understands situations will arise during TENANTS term and requests that TENANT, TENANTS relatives or person representing
TENANT discuss any situation with AGENT in a professional manner. Any unprofessional behavior (cursing, raising of voice and any other negative
attitude directed toward AGENT/OWNER) via a-mail, phone or in person will not be accepted. TENANT understands K such an occurrence becomes a
reality, AGENT has the option to request that the party which is acting in such a manner return when he/she is capable of discussing the matter at hand in
a professional manner. TENANT understands that AGENT does not relate to TENANT in such a way and AGENT requests TENANT treats AGENT with
the same respect, if TENANT[TENANT's Family or person representing TENANT can not conduct themselves in a professional manner, TENANT will be
requested to remove themselves from property and the LEASE shall be nullified by both AGENT and TEANANT. I understand the preceding and will abide
by its request.
r.
Ryan True Lf 2010-11-01
TENANT PRINTED NAME =i RAN 10= JAIL WITNESS
FORTY-SEVEN: MISCELLANEOUS
1.Pets of ANY kind are strictly PROHIBITED in all Madison\C reekside\Brookside Court Apartments and common areas. ANY violation
of this provision by TENANT may, at AGENT option, result in any or all of the following consequences: termination of this Lease
Agreement; or imposition of a mandatory non-refundable pet assessment in the amount of two hundred dollars ($200.00) per day
for such time as the TENANT has had a pet in the leased premises.
2. No custodial service other than in public areas is anticipated in the lease. TENANT will dispose of trash and garbage in the
designated location and procedure as outlined by AGENT for each respective building or living area.
3. No item may be hung outside the building from balconies or out of windows.
4. AGENT agrees to furnish heat, water, and electricity(as explained in item 5 on Page 2 of this Lease), and Amenities such as cable
TV and internet access in the Mad ison\Creekside\Brookside Court Apartments. In no event shall AGENT be responsible for any
interruption, shortage or reduction of utilities supplied to the premises, no matter how caused; provided, however, that if such
interruption, shortage or reduction is caused by OWNER, than OWNER agrees to use reasonable efforts to restore utilities and
amenities as soon as reasonably and practically possible.
5. No commercial business (including regular day care) may be conducted from the premises. Door-to-door soliciting is not permitted.
6. Front doors to units are not to be propped open at any time.
7.TENANT shall not store any combustible materials on or about the premises, nor shall TENANT utilize candies, incense or other
similar items on or about the premises.
&TENANT shall follow all rules and policies concerning traffic and parking as instructed so by AGENT.
9. Summer Storage is offered to renewing or new TENANTS only.
FOURTY-EIGHT: ENTIRE LEASE AND ADDENDUMS:he following attached Addendums are expressly made part of LEASE and the
combination of which contains the entire LEASE of the parties and can only be changed in writing when signed by both parties except when
AGENT may unilaterally modify the rules and regulations contained herein in accordance with Section SIXTEEN: RULES & REGULATIONS,
above.
• Lease Application
-Mold Information and Prevention
- Package Release
-Safety Policy
-Lease Amendment Form
• Walk-through Assessment Addendum
• Door code/Mailbox Code Release Form
Parking Permit Form
IN WITNESS WHEREOF, the parties have executed in duplicate the entire contents of this LEASE. TENANT acknowledges reading/
understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendums. The TENANT further
acknowledges and agrees that this LEASE, when filled out and signed, is a binding legal obligation.
Ryan True [ 2010.11-01' - -
TENANT PRINTED NAME `e?? llr7c "°"° DATE WITNESS
Marl( Amer _Mark Arm 2010-11-01
AGENT PRINTED NAME AGENT SIGNATURE WI NWE?? --
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Page 9 of 14 TENAN?f
LEASE AGREEMENT - MOLD INFORMATION AND PREVENTION
About Mold. Mold is found virtually everywhere in our environment - both indoors and outdoors and in both new and old structures.
Molds are naturally occurring microscopic organisms that reproduce by spores and have existed practically from the beginning of time. All of us
have lived with mold spores all of our lives. Without molds we would all be struggling with large amounts of dead organic matter. Mold breaks
down organic matter in the environment and uses the end product for its food. Mold spores (like plant pollen) spread through the air and are
commonly transported by shoes, clothing and other materials. When excess moisture is present inside a dwelling mold can grow. There is
conflicting scientific evidence as to what constitutes a sufficient accumulation of mold which could lead to adverse health affects. Nonetheless,
appropriate precautions need to be taken.
Preventing Mold Begins With You. In order to minimize the potential for mold growth in your dwelling, you must so the following:
a)Keep your dwelling clean - particularly in the kitchen, the bathroom(s), carpets and floors. Regular vacuuming, mopping, and using a
household cleaner to clean hard surfaces is important to remove the household dirt and debris that harbor mold or food for mold.
Immediately throw away moldy food.
b)Remove visible moisture accumulation on windows, walls, ceilings, floors and other surfaces as soon as reasonable possible. Look for
leaks in washing machine hoses and discharge lines - especially if the leak is large enough for water to infiltrate nearby walls. Turn on
any exhaust fans in the bathroom and kitchen before you start showering or cooking with open pots. When showering, be sure to keep
the shower curtain inside the tub or fully close the shower doors. Also, the experts recommend that after taking a shower or bath, you:
(1) wipe moisture off of shower walls, shower doors, the bathtub and the bathroom floor; (2) leave the bathroom door open until all
moisture on the mirrors and bathroom walls and tile surfaces has dissipated; and (3) hang up your towels and bath mats so they will
comppletelyv dry out.
c)Promptly nof'4 us in writing about any air conditioning or heating system problems you discover. Follow our rules, if any, regarding
replacement of air filters. Also, it is recommended that you periodically open windows and doors on says when the outdoor weather is
dry (i.e., humidity is below 50 percent) to help humid areas of your dwelling dry out.
d)Promptly notify us in writing about any signs of water leaks, water infiltration or mold. We will respond in accordance with state law
and the LEASE Contract to repair or remedy the situation, as necessary.
In Order to Avoid Mold Growth, it is important to prevent excessive moisture buildup in your dwelling. Failure to promptly pay attention to
leaks and moisture that might accumulate on dwelling surfaces or that might get inside walls or ceilings can encourage mold growth.
Prolonged moisture can result from a wide variety of sources, such as:
a)Rainwater leaking from roofs, windows, doors and outside walls, as well as flood waters rising above floor level;
b)Overflows from showers, bathtubs, toilets, lavatories, sinks, washing machines, dehumidifiers, refrigerator or A/C drip pans or clogged up
A/C condensation lines;
c)Leaks from plumbing lines or fixtures, and leaks into walls from bad or missing grouting/caulking around showers, tubs or sinks;
d)Washing machine hose leaks, plant watering overflows, per urine, cooking spills, beverage spills and steam from excessive open pot
cooking;
e)Leaks from cloth fryer discharge vents (which can put lots of moisture into the air); and
f)Insufficient drying of carpets, carpet pads, shower walls and bathroom floors.
If Small Areas of Mold Have Already Occurred on Non-porous Surfaces (such as ceramic tile, granite, Formica, vinyl flooring, metal, wood
or plastic), the federal Environmental Protection Agency (EPA) recommends that you first clean the areas with soap (or detergent) and water,
let the surface dry, and then with in 24 hours apply a pre-mixed, spray on type household biocide, such as Lysol Disinfectant® (original pine-
scented), Tilex Mildew Remover@ or Clorox Cleanup. (Note: Only a few of the common household cleaners will actually kill mold). Tilex® and
Clorox@ contain bleach which can discolor or stain. Be sure to follow the instructions on the container. Applying biocides without first cleaning
away the dirt and oils from the surface is like painting over paint without first cleaning and preparing the surface. Always clean and apply a
biocide to an area 5 to 6 times larger than any visible mold because mold may be adjacent in quantities not yet visible to the naked eye. A
Vacuum cleaner with a high-efficiency particulate air (HEPA) filter can be used to help remove non-visible mold products from porous items,
such as fibers in sofas, chairs, drapes and carpets - provided the fibers are completely dry. Machine washing or dry cleaning will remove mold
from clothes.
Do Not Clean or Apply Biocides to: (1) visible mold on porous surfaces, such as sheetrock walls or ceilings, or (2) large areas of visible mold
on non-porous surfaces. Instead, notify us in writing, and we will take appropriate action in compliance with applicable laws.
Compliance. Complying with this EXHIBIT will help prevent mold growth in your dwelling, and both you and we will be able to respond
correctly if problems develop that could lead to mold growth. If you have questions regarding this EXHIBIT, please contact us at the
management office or at the phone number shown in your LEASE.
If you fail to comply with this EXHIBIT, you could be held responsible for property damage to the dwelling and any health problems
that may result. We can't fix problems in your dwelling unless we know about them.
PACKAGE RELEASE
I hereby give permission to MCA/BCA/CCA, its AGENT, AGENT'S representatives, managing agents, and employees to accept packages on my
behalf. 1 also hold harmless and understand that the AGENT, AGENT'S representatives, managing agents, employees and all other
subsidiaries are not liable or responsible for the acceptance of such packages that are delivered to TENANT(s)
by the United States Postal Service, UPS®, FedEx®, FedEx Express, or any other mail delivery service. This shall include packages that are
delivered to the leasing office or that are left outside the TENANT'S apartment by the deliverer. TENANT(s) shall be responsible for notifying
senders of the proper address (including apartment number) and delivery methods to ensure the package is received. In addition, I fully
understand that The Lofts has the right to refuse acceptance of any package(s) and have at any time returned so called packages if not
removed from the Management office within 3 business days.
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Page 10 of 14 TENANT
LEASE AGREEMENT - SAFETY POLICY
We realize that safety is a genuine concern to all TENANTS. Although there is no way for us to guarantee protection for TENANTS who live at
our properties, we feel that it is important for us to outline the steps that we take with respect to safety issues. The best service we can provide
relating to safety issues is to keep you informed of what we do and of what we expect you to do for yourself. We feel that by keeping our
TENANTS informed, the TENANT will be able to take whatever measures they feel are necessary to protect themselves, their guests and their
respective personal belongings. The purpose of this Acknowledgement is to explain the OWNER'S / AGENT'S safety philosophy, to inform you
of the steps we take with respect to safety issues and to make suggestions with respect to what steps you can take to protect yourself.
a)Responsibility for your safety. No matter what steps we take with respect to safety issues, it is absolutely imperative that you realize that
there is nothing we can do to prevent crime from occurring. Unfortunately, crime appears to be a fact of life when living in a major U.S. city.
There is no guarantee that any effort by either the Owner or the Owner's managing agent will in any way increase any TENANTS personal
safety or the safety of a TENANTS family or guests of their respective belongings. We cannot assume responsibility for the criminal action
of third parties. We are not trained police officers and in fact, have no greater legal right to stop criminals or enforce laws than do you. The
only way that you can effectively avert the impact that the criminal element of our society has upon you and your guests is to take any and
all precautions you can with respect to safety issues. Each TENANT has to realize that the local law enforcement agencies and the
TENANT are responsible for the TENANTS safety and the safety of all guests. You should contact the local law enforcement agency
directly if you are in need of safety services.
b)Safety Devices. We will comply with the requirements of state law with respect to providing safety devices toApartments at the property. At
the commencement of your LEASE, your Apartment is equipped with: (1) a window latch on each exterior window; (ii) a doorknob lock or
keyed dead bolt on each exterior door; (iii) a sliding door pin lock on each exterior sliding glass door; (iv) a sliding door handle latch or a
sliding door safety bar on each exterior sliding glass door; and (v) a keyless bolting device and a door viewer on each exteriordoor. Upon
written request to the management office, and at your expense, we will perform additional rekeyingor change a safety device pursuant to
applicable state law.
c)Lighting. The property is lit during evening hours. However, no matter how much lighting is provided, wecannot eliminate all potential
hiding places in the common areas of the Apartment Community. If you have occasion to walk around the community at night, we urge
you to refrain from walking alone. Also always attempt to walk in well-lit areas. Once again, please appreciate that light fixtures can be
damaged or malfunction;
d)Suggestions regarding safety issues. We are relying on you to be as cautious as possible with respect to your property and your
surroundings. Although you may develop your own safety program as you desire, you acknowledge that we have given you the following
tips that we have suggested you follow:
e)Always contact the local law enforcement agency whenever you are in need of safety services. Do not contact the answering service; the
management office or any guest service for this can only delay the response time
a.Keep the telephone number of the local law enforcement agency in a readily accessible place; call "911" inthe event of an
emergency.
b.Get to know your neighbors. Be able to recognize whether there are strangers in your area of thecommunity.
c.Contact the local law enforcement agency if you see that your neighbor's safety is threatened; request thatthey do the same for
you.
d.Always lock your apartment door whenever you leave your apartment even if you are just gone momentarily or when you are in
your apartment.
e.Always lock your car door whenever it is left unattended in the parking lot.
f.lf you have occasion to walk around the community at night, try to refrain from walking alone.
g.Be sure that you have a sufficient amount of insurance on your own person, your personal belongings, and the personal
belongings of your guests.
h.Be aware of criminal activities in the area. In the event that the management becomes aware of criminal incidents, such as an
assault of a person or a theft of an automobile, in the community or in the immediate area, we will attempt to convey information
to TENANTS as soon as possible. It is imperative that you understand the terms of this Acknowledgement. By initialing below,
you represent that you have read and understand this Acknowledgement and that you understand that Owner/ AGENT is relying
upon you to use common sense and prudence in matters concerning your safety. If you have any questions regarding owner's/
AGENT'S safety policy or would like to inquire about any items discussed in this Acknowledgement, please contact the
management office.
Page 11 of 14 TENANT[
LEASE AGREEMENT - SMOKE DETECTOR NOTICE
For and in consideration of the LEASE of which this is a part, the undersigned TENANT certifies that he or she has
read and understands and agrees to the following:
a)Smoke Detector. TENANT acknowledges that as of the date of initial occupancy, the Unit is equipped with one or more smoke detectors;
that TENANT has inspected the smoke detector(s), and that TENANT finds it/them to be in good working order.
b)Repair. TENANT agrees that it is TENANT'S duty to regularly test the smoke detector(s). TENANT further agrees to notify the AGENT
immediately in writing of any problem, defect, malfunction or failure of the smoke detector(s) and to notify the AGENT of the need to
install, inspect or repair the smoke detector(s). Within seven (7) days of receipt of such written notification by AGENT owner shall repair
the smoke detector(s), assuming the availability of labor and materials.
c)Maintenance. TENANT agrees to replace the smoke detector(s) battery if necessary. TENANT must not disconnect or intentionally
damage a smoke detector or remove the battery of a smoke detector without immediately replacing it with a working battery. TENANT
may be subject to damage, civil penalties and attorney's fees for not complying with this provision.
d)Replacement. TENANT agrees to reimburse the AGENT, upon request, for the cost of a new smoke detector and the installation thereof in
the event TENANT, his or her guests and/or invitees damage the existing smoke detector(s).
e)Disclaimer. TENANT acknowledges and agrees that the AGENT is not the operator, manufacturer, distributor, retailer or supplier of the
smoke detector(s). TENANT assume full and complete responsibility for all risk and hazards attributable to, connected with or in any way
related to the operation, malfunction of the smoke detector(s), regardless of whether such malfunction or failure is attributable to,
connected with, or in any way related to the use, operation, manufacture, distribution, repair, servicing or installation of said smoke detector
(s). No representation, warranties, undertakings or promises, whether oral or implied, or otherwise, have been made by AGENT,
its agents or employees to TENANT regarding said smoke detector(s), or the alleged performance of the same, AGENT neither makes nor
adopts any warranty of any nature regarding said smoke detector(s) and expressly disclaims all warranties of fitness for a particular
purpose, or habitability, or any and all other expressed or implied warranties, except as expressly provided in statute, AGENT shall not be
liable for damages or losses to person or property, caused by (1) TENANT'S failure to regularly test the smoke detector(s); (2) TENANTS
failure to notify AGENT of any problem, defect, malfunction, or failure of the smoke detector(s); (3) theft of the smoke detector(s). There are
no warranties, which extend beyond the description on the face hereof.
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?,n?? AGENwmT, J'U'.? Page 12 of 14 TENANI,?,p-????a y,
DOOR CODE/MAILBOX COMBINATION RELEASE FORM
TENANT NAME Rvan True
Property: MCAIBCAlCCA
Building Address:
Apartment: 16Ken7Rm2
Bedroom:
Locks:
All of the necessary lock for TENANT's Unit and individual room are provided by AGENT. No locks or locking mechanisms currently may be
changed by TENANT. Furthermore, additional locks or locking mechanisms of any kind including but not limited to deadbotts or interior door
chains may be installed by TENANT on main entry, porch access or individual bedroom doors.
Door Lock Code:
Door Lock Code Release:
I understand that the code presented on this form has been generated by a random key code generator and that this code not only unlocks the
front door to the apartment unit but also my individual room. In addition, I understand that this code is for my sole use and purpose and I agree
to not share this code with anyone for security purposes (friends, family, roommates,etc.). If for ANY reason I request a change of my lock code
I agree to pay the additional $40.00 code change charge per incident. At the end of my lease term this code will be removed from both the
front door of my apartment and my assigned bedroom door.
Mailbox Code:
Mailbox Combination Release:
One combination per UNIT will be given at start of lease. Any TENANT within said UNT can access the mailbox for the apartment. Request for
a new combination will NOT be granted. Combinations will be changed after move out, of any roommate, prior to next TENANT moving in.
a?? SpN-]O0.t.W ,9:Sp:! uiC. ,5 ,6.1A ],
Ryan True I::- _ 2010-11-01
TENANT PRINTED NAME + EVAN MGM OR DATE WITNESS
Page 13 of 14 TENANT...-. 7% =T
PARKING PERMIT FORM
TENANT NAME Ryan True
Property: MCA/BCAICCA
Building Address:
Apartment: 16Ken7Rm2
Bedroom:
Vehicle Information: F- No vehicle at present time
Make: Model: Year
Color:
Driver's License Number
Driver's License State::
License Plate Number::
NOTICE: Capital Asset Property Management, The Lofts LLC and its subsidiaries are not responsible for any theft, damage or accidents that
may occur to any vehicle while on The Lofts LLC Property. It is the sole responsibility of the owner of the aforementioned vehicle to park in
designated parking locations and remove all valuables from the vehicle when parking. If any vehicle is parked in a non-designated parking
location, is abandoned, does not have a current license plate or a current state inspection sticker, or visible Lofts parking permit the vehicle will
be towed at owner's expense. Furthermore, resident must not block in any parked cars. Resident may not wash or repair any vehicle on
property grounds. If requested by property manager, resident must move vehicles immediately if necessary for lawn care or snow removal or
any other reason. Parking on The Lofts LLC Property is a privilege and may be revoked by management at any time if deemed necessary.
I have read and understood the above Notice and will abide by all conditions set within.
Parking Permit Number:
Ryan True 2010-11-01
TENANT PRINTED NAME DATE
[-.-.- AGENT I Page 14 of 14 TENANf?....a4.?k?8.E[a, ft...o?
June 6, 2011
CAPM, LLC
14 Kenneth Avenue, Unit 2
Shippensburg, PA 17257
RE: Madison Court, Bldg 16, Unit 7
Dear Sir/Madam:
Due to my recent academic dismissal from Shippensburg University, I am writing to
you today to inform you that I will not be returning to campus this fall and as such,
would like to request a.withdraw from my upcoming lease for a room in Building 16,
Apartment 7 of Madison Court effective immediately. It is my understanding from
your current tenant (and would be future roommate) Jordan Judson, that there was
to have been a 4th tenant in this apartment this past year by the name of Ryan
Hershey (whose room I was set to occupy this fall), who due to the same
circumstances, was unable to commence his lease last fall. I was informed that the
room was closed off and the apartment was limited to three tenants for the year. As
this room as been left unoccupied this past year and I am not able to afford a housing
payment for a school that I am unable to attend (I have lost all financial aid and
assistance), i am asking for leniency in the termination of my lease. My roommates
are aware of my situation and 1, as well as them, am actively searching for a suitable
replacement and have informed the Housing Office at Shippensburg of the opening as
well.
Thank you for any assistance and consideration that you may give me in this matter. I
was truly looking forward to spending my junior year at Madison Court and hope in
the future to somehow possibly return to Shippensburg.
Sincerely,
Ryan J. True
CC Madison Court LLC
PLAINTIWS
IX tBIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Notice of Judgment/Transcript Civil
Case
Mag. Dist. No: MDJ-09-3-01
MDJ Name: Honorable Brenda M. Knepper
Address: 35 West Orange Street
Shippensburg, PA 17257
Telephone: 717-532-7676
Capital Asset Property Management
2000 Powell Drive
Chambersburg, PA 17201
Capital Asset Property Management
V.
Ryan Joseph True
Docket No: MJ-09301-CV-0000267-2011
Case Filed: 11/22/2011
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09301-CV-0000267-2011 Capital Asset Property Ryan Joseph True Judgment for Defendant 12120/2011
Management
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date Magisterial District Judge Brenda M. Knepper
t
certify a is is a rue an correct copy o the recur o t e procee ings con ammg the judgment.
Date Magisterial District Judge Brenda M. Knepper
MDJS 315 Page 1 of 2 Printed:
EXHIBIT
IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ASSET PROPERTY MANAGEMENT, LLC
Plaintiff
NO: 2012-195
v.
CIVIL ACTION -LAW
RYAN JOSEPH TRUE
~~~}
Defendant "-
P.,y "
'V`
r ~' ~..1 C.. a .., .
__ ...,~.,, p,y
TO: Ryan Joseph True .~~ ~, ' _
130 Providence Forge Road ~- c _ - ~-} ` ~=
Ro ersford, PA 19468 "" '~ =~~ ~'- ~'-
Y ~ _c~W_- ~ -~-
DATE OF NOTICE: Y~:m (~ I ~. ~ ~ ~~~ r=
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 OF 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
P.C.
By:
Attorney I~D ' o. 77064
79 St. Pau rive
Chambersburg, PA 17201
(717) 263-2121
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the ~ day of November, 2012, I served a true and correct
copy of the foregoing document via United States mail, first class, postage prepaid, addressed as
follows:
Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
Respectfully submitted,
SALZMANN H~HES, P.C.
By:
IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ASSET PROPERTY MANAGEMENT, LLC
Plaintiff
v.
RYAN JOSEPH TRUE
Defendant
NO: 2012-195 ~ ~ -''
N ~
~rn ° ter'"
CIVIL ACTION - LA~'v ~r`~', o~
~~ ~
~ -,~,
' :~ c~
--~; ~ - ,
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO THE PROTHONOTARY:
Please enter judgment by default against the above named Defendant Ryan Joseph True in the
amount of Two Thousand, Two Hundred Fourteen Dollars ($2,214.00) plus interests and costs. A
copy of the Ten Day Notice mailed to Defendant on November 9, 2012 is attached hereto.
Respectfully submitted,
P.C.
By:
NanEy H. eyet's, Esquire
Attorney . No. 77064
79 St. Paul Drive
Chambersburg, PA 17201
(717) 263-2121
Attorney for Plaintiff
~I(v.5o AID /~~
e#~8~~~
,~aa3y9s
~~. ~~; i~
CERTIFICATE OF SERVICE
I hereby certify that on the ~_ day of November, 2012, I served a true and correct copy
of the foregoing document via United States mail, first class, postage prepaid, addressed as follows:
Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
Respectfully submitted,
SALZMANN HUGHES, P.C.
By:
cy . Mey , Esquire
IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ASSET PROPERTY MANAGEMENT, LLC
Plaintiff
v.
RYAN JOSEPH TRUE
Defendant
TO: Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
~_
NO: 2012-195 ~~ ;~~;
.
~~_~ ~i
~~_
~s
: CIVIL ACTION - LAW w
,
^;Y
;~ ~~ =~=
~~
~
DATE OF NOTICE: V ~' t~ ~b l ~
IIVIPORTANT 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 OF 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
P.C.
By:
Attorneyu~Dri o. 77064
79 St. Pa ve
Chambersburg, PA 17201
(717) 263-2121
Attorney €or Plaintiff
CERTIFICATE OF SERVICE
7 ~`
I hereby certify that on theme day of November, 2012, I served a true and correct
copy of the foregoing document via United States mail, first class, postage prepaid, addressed as
follows:
Ryan Joseph True
130 Providence Forge Road
Royersford, PA 19468
Respectfully submitted,