HomeMy WebLinkAbout04-5082COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 04-5082 Civil Term
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO.
STEPI+AUIE ?tvKentRlf.?i?ER 04 -3 -OZ
ADDRESS OF APPELLANT CITY
I t Ch e si oui- S-!' Wtw ut k-
DATEOFJUDGMENT IN THE CASE OF(Plaintifn
69- - 08 -0`I 1 l,aal u s :t RssoCi 4•1es a
DOCKET No. SIGNATURE OF A
NAME OF D.J.
4den (3. AulenbeAiSEZ
STATE ZIP CODE
PIS 17941
(Defendant).
nKe" bl rid e12 , Sco+t d sifF +,316
L i no-01 This block will be signed ONLY when this notation is required under Pa. If appellant w Claimant (see 2C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sgnamre of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon ?Rtl is , ssoc m-kos
Name of appellees)
appellee(s), to file a complaint in this appeal
(Common Pleas No. 04-5082 Civil ) within twenty (20) days after service of rule or sVIr, r os.
ellant orettomey or agent
RULE: To pq ?? U S ? ?SSOC ((? ?? , appellees)
Name of appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: OCt. 8 , 20 04
ignato-oor Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WIT THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN I10) DAYS RF7 ER filing of the noi[ce of at. tsar. Check apfaficoble boxYy.]
COMMONWEALTH OF PENNSYLVANIA.
COUNT" OF ss
AFFIDAVIT: ! herai?y (swear} (affirm; th^v! ; aawed
El a copy of the Notmo of Apoea), Common Pleas No. . upon the Distrtr,% Jusfice designated therein an
j by perscanai secvur {, _ lay ,cerusif;c irc,gi s2ereJJ n..ail,
{date of service) 20
senders receipt attac od hereW, and ipor the appellee. ¢rtrre7 On
20 D by personal service by (certified) (regaiteredi marl.
e'lder's ieceaNt .gtiacre { butt fA(e
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME`
THIS DAY OF . 20
sgn a <r t?.rm?
S)gnamra of officfat before whom affidavit was mmde
7iee of oHlciel
My commission expires on . 20
v?
"c.
,ADPC:312A-02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMRRLAND
Mag. Dist. No.:
09-3-02
DJ Name: Han.
HELEN B. SHULENBERGER
Addf869: P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
Tetephone:(717) 776-3187 17241
NOTICE OF JUDGMENT/TRANSCRIF
PLAINTIFF: RESIDENTIALELEASE
FDARIUS & ASSOCIATES,
2 E. MAIN STREET
SUITE ONE/ AGENT K DARIUS
LNEWVILLE, PA 17241
VS.
DEFENDANT: NAME and ADDRESS
TFINKENBINDER, SCOTT, ET AL.
it CHESTNUT STREET
NEWVILLE, PA 17241
L
STEPHANIE FINKENBINDER
11 CHESTNUT STREET Docket No.: LT-0000110- 04
NEWVILLE, PA 17241 I Date Filed: 8/24/04
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT.AINTIFF
® Judgment was entered for: (Name) DARIUS & ASSOCIATES,
Judgment was entered against FINKENBINDER, STEPHANIE in a
0 Landlord/Tenant action in the amount of $ 2,235.63 on 9/08/04 (Date of Judgment)
The amount of rent per month, as establis hed by the District Justice, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Establish id ¢?RJ ess • Security Deposit ApaliEd
UO
la
0?- = Adjudicated %I
1 '00
2
Rent in Arrears $ $ •
1
• $ '
Physical Damages Leasehold Property $ .00-$ .00
= $ .00
Damages/Unjust Detention $ .00-$ _00 $ .00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ -00
UT Judgment Amount $ 2,125-00
Attachment Prohibited/ Judgment Costs $ 110.63
42 Pa.C.S. § 8127 Attorney Fees $ .00
This case dismissed without prejudice. Total Judgment $ 2,235.63
Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ ,
Possession granted if money judgment is not satlstled by time of eviction.
Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REOUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
9-3-01/Date- , District Justice
IT certify fhat this is a true and correct copy of the record or me proceedings contalning the judgment.
Date , District Justice)
Vcommission expires first Monday of January, 2006. SEAL
C 315A-03
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PPEA1 of"?eetaPP'a.
NOTICE OF R { (iny Of
PROOF OF SERVICE OF PAYS AF ER
(This Proof of service MUST BE FILED WITHIN TEN (10) COMMONWEALTH OF PENNSYLVANIA. Ss
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COUNTY Or 0.,, y .. . -,jrm) that t served
orIDAVIT:
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1 hereby (swear) (a
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a copy of the Notice of Appeal
c?{arsd ih,ere'n en
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(date of service) J 0 '
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senders receipt attached hereto
GRIBED BEFOR ME
( FFIRMEDA Da .20D
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n in this ca; - Perate as a (see ..R. C. P.
before a District D.J N .
-- Justice, A COMPLA/MT ° 1001(6) in action
_ 1201 days aRerfi/in MUST BE FILED
- ------ __ ?? if the within
?_ isnam??orn°„x.3 vas [ NOT/CE twenty
of APPEAL.
s section PRAECIPE form TO ENTER I! L
USED, et to • I '- E TO FILE C
dac/r frorr,?, ouSetl ONLY when a I
ECIP athon/?tar y of notice ofappea/Po%be w.+:. u? DA'N ee. RINPOMp RULE TO FILE
E. To Pr be set „ (see Pa. 1001(7) in action before District Justice, IF
rule upon
-?/. Itts
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t
1 W't' :r Complaint in this 'wenty (2C)) days after service Of rule orsuffer e
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Vou are notified that - (s f - .. aPPellee(s) r ar
i o/appel/ant or aftomay or agent
, Upon You b d n 11 is hereby entered
UPOn
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Yqu do you •?, rile a complaint in this e
not ftlQ 4compfaint within this time, gistf { + mail. appeal within twent
le lqete Of service of t ule a JUDGME V OF NO PROS Y (20) days after the date of service
8 , 20 C1 iris r %service was by mail is tt o date of the mailing. AY BE ENTERED AGAINST YOU.
ST INC (A-
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1
CQU IG I" §;ILF
^'' ^ I HIS NOTICE OF APPEAL.
ROBERT G. DARIUS and : IN THE COURT OF COMMON PLEAS
KATHLEEN D. DARIUS, TA DARIUS : OF CUMBERLAND COUNTY, PENNA.
& ASSOCIATES,
Plaintiffs
V.
NO. 04- 5082 CIVIL
SCOTT FINKENBINDER and
STEPHANIE FINKENBINDER, : ASSUMPSIT- LANDLORD & TENANT
Defendants
COMPLAINT
Darius & Associates set forth the following cause of action against the named Defendants:
1. Plaintiffs are Robert G. Darius and Kathleen D. Darius, trading as Darius & Associates, 2
East Main Street, Newville, Pennsylvania, 17241.
2. Defendants are Scott Finkenbinder and Stephanie Finkenbinder, adult individuals, 11
Chestnut Street, Newville, Pennsylvania, 17241.
3. On February 18, 2004, Plaintiffs and Defendants entered into a written lease whereby
Plaintiffs leased to Defendants residence premises at 80 East Main Street, Apt 3, Newville,
Pennsylvania, 17241. Attached hereto and made a part hereof is the Lease dated February 18,
2004 as Exhibit A.
4. The Lease is for a term of (1) year from March 1, 2004 to February 28, 2005, at a total
rental for the term of $6,300.00, payable monthly in advance commencing March 1, 2004 and
monthly thereafter on the first of the month in the amount of $525.00.
5. Rent was unpaid for the months of March, April, May, June, July, and August for a total
amount of $3,150.00.
6. Security Deposit was $525.00 deposited and held by Plaintiffs, to be applied to failure to
pay rent or utilities.
I verify that the statements made in this pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Date: 0 a ?S &6?.
K thleen E. Darius
I verify that the statements made in this pleading are true and correct. I understand that false
statements herein are made subject to the penalties of t8 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Date: ?,?? ` ?
R bert . Darius
PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (hereinafter "Lease") is entered into this the 18th day of February, 2004, by and between the
Lessor, Robert G. & Kathleen D. Darius (hereinafter referred to as "Landlord";), and Scott Finkenbinder and his wife Stephanie
Finkenbinder Lessee(s):. All Lessees (hereinafter referred to collectively as "Tenant"), are jointly, severally and individually
bound by, and liable under, the terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby lease unto
Tenant, and Tenant does hereby rent from Landlord, solely
for use as a personal residence, excluding all other uses, the
personal residence located in Cumberland County,
Pennsylvania, with address of 80 East Main Street, Apt. #3
Newville, PA. 17241.
2. NATURE OF OCCUPANCY: As a special
consideration and inducement for the granting of this Lease
by the Landlord to the Tenant, the personal residence
described above shall be used and occupied only by the
members of the Tenant's family or others whose names and
ages are set forth below:
premises caused by the tenant. Nothing shall preclude the
landlord from refusing to return the escrow fund, including
any unpaid interest thereon, for nonpayment of rent or for the
breach of any other condition in the lease by the tenant.
Any landlord who fails to provide a written list within thirty
days as required above, shall forfeit all rights to withhold any
portion of sums held in escrow or to bring suit against the
tenant for damages to the leasehold premises.
Failure of the tenant to provide the landlord with his new
address in writing upon termination of the lease or upon
surrender and acceptance of the leasehold premises shall
relieve the landlord from any liability under this section.
3. TERM OF LEASE: This Lease shall commence on
the I st day of March, 2004, and expire on 30 February 2005
for a one year period.
4. SECURITY DEPOSIT: Upon execution of this Lease,
Tenant shall deposit the sum of $525.00 to be held by
Landlord as a security deposit for reasonable cleaning of,
and repair of damages to, the premises upon the expiration or
termination of this Lease, or other reasonable damages
resulting from a default by Tenant. Tenant shall be liable to
Landlord for all damages to the leased premises upon the
termination of this Lease, ordinary wear and tear excepted
Tenant is not entitled to interest on the security deposit.
Tenant may not apply the security deposit to any rent due
under this Lease. If Landlord sells or assigns the leased
premises, Landlord shall have the right to transfer Tenant's
security deposit to the new owner or assignee to hold under
this lease and upon so doing Landlord shall be released from
all liability to Tenant for return of said security deposit_
In compliance with Pennsylvania Code § 250.512:
Every landlord shall within thirty days of termination of a
lease or upon surrender and acceptance of the leasehold
premises, whichever first occurs, provide a tenant with a
written list of any damages to the leasehold premises for
which the landlord claims the tenant is liable. Deliver of the
list shall be accompanied by payment of the difference
between any sum deposited in escrow, including any unpaid
interest thereon, for the payment of damages to the leasehold
premises and the actual amount of damages to the leasehold
5. RENT PAYMENTS: Tenant agrees to pay rent unto the
Landlord during the term of this Lease in equal monthly
installments of $525.00, said installment for each month
being due and payable on or before the I st day of the month.
Tenant agrees d iat if rent is not paid in full on or before the
30th day of the month, Tenant will pay a late charge of $2.00
per day, as alloyed by applicable Pennsylvania law.
The prorated rent from the commencement of this Lease to
the first day of the following month is N/A, which amount
shall be paid at the execution of this Lease.
Tenant agrees that rent shall be paid in lawful money of the
United States by (indicate those that apply):
["'cash, [ c-] personal check, [ ?j money order, [ .?]
cashier's check, [ ] other
Rent payments shall be made payable to Darius &
Associates and mailed or delivered to the following address:
2 East Main Strrset, Suite One, Newville. PA. All notices
from Tenant to Landlord under this Lease and applicable
Pennsylvania law shall be delivered to the above address.
Tenant agrees that rent monies will not be considered paid
until Landlord or Landlord's agent receives the rent monies,
either by mail or by delivery to the above address. Tenant
placing rent monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid until
actual receipt thereof.
Residential Lease Agreement. Paae 1
FXR 116 ITA
If there are multiple Tenants signed to this Lease, all such
Tenants are jointly, severally and individually bound by, and
liable under, the terms and conditions of this Lease. A
judgment entered against one Tenant shall be no bar to an
action against other Tenants.
6. CONSEQUENSES OF BREACH BY TENANT:
If Tenant, by any act or omission, or by the act or omission
of any of Tenant's family or invitees, licensees, and/or
guests, violates any of the terms or conditions of this Lease
or any other documents made a part hereof by reference or
attachment, Tenant shall be considered in breach of this
Lease (breach by one tenant shall be considered breach by all
tenants where Tenant is more than one person).
In compliance with Pennsylvania Code § 250.501:
A landlord may notify, in writing, the tenant to remove from
the leased premises at the expiration of the time specified in
the notice under the following circumstances, namely, (1)
Upon the termination of a term of the tenant, (2) or upon
forfeiture of the lease for breach of its conditions, (3) or
upon the failure of the tenant, upon demand, to satisfy any
rent reserved and due. The notice shall specify that the
tenant shall remove within ten days firm the date of the
service thereof.
In case of failure of the tenant, upon demand, to satisfy any
rent reserved and due, the notice, shall specify that the tenant
shall remedy/remove within ten days from the date of the
service thereof,
3.At the expiration of a lease, if the resident determines that
he no longer desires to reside in the park and so notifies the
owner in writing.
Tenant expressly agrees and understands that upon
Landlord's termination of this Lease, the entire remaining
balance of unpaid rent for the remaining term of this Lease
shall ACCELERATE, whereby the entire sum shall become
immediately due, payable, and collectable. Landlord may
hold the portion of Tenant's security deposit remaining after
reasonable cleaning and repairs as a partial offset to
satisfaction of the accelerated rent.
7. DELIVERY OF NOTICES: Any giving of notice
under this Lease or applicable Pennsylvania law shall be
made by Tenant in writing and delivered to the address noted
above for the payment of rent, either by hand delivery or by
mail. Certified or registered mail is recommended. Delivery
by mail shall not be considered complete until actual receipt
by Landlord or Landlord's agent.
Any notices from Landlord to Tenard shall be in writing and
shall be deemed sufficiently served upon Tenant when
deposited in the mail addressed to the leased premises, or
addressed to Tenant's last known post office address, or
hand delivered, or placed in Tenant's mailbox. If Tenant is
more than one person, then notice to one shall be sufficient
as notice to ell.
8. UTILITIES: Tenant will provide and pay for the
following utilities (indicate those that apply):
[ V-fElectric, [ ] Gas, [ "'Telephone, [ k1 f Cable
Television, [j,,rWater, [ ] Garbage pick-up.
Landlord will provide and pay for the following utilities
(indicate those that apply):
[ ] Electric, [ ] Gas, ] Telephone, [ ] Cable
Television, [ ] water, ft-f Garbage pick-up.
Tenant shall be responsible for contacting and arranging for
any utility service not provided by the Landlord, and for any
utilities not listed above. Tenant shall be responsible for
having same utilities disconnected on the day Tenant delivers
the leased premises back unto Landlord upon termination or
expiration of this Lease.
9. NOTICE OF INTENT TO SURRENDER: Any other
provision of this lease to the contrary notwithstanding, at
least thirty (30) days prior to the normal expiration of the
term of this Lase as noted under the heading TERM OF
LEASE above, Tenant shall give written notice to Landlord
of Tenant's intention to surrender the residence at the
expiration of the Lease term If said written notice is not
timely given, the Tenant shall become a month-to-month
tenant as defined by applicable Pennsylvania law, and all
provisions of this Lease will remain in full force and effect,
unless this Lease is extended or renewed for a specific term
by written agreement of Landlord and Tenant.
If Tenant becomes a month-to-month tenant in the manner
described above, Tenant must give a thirty (30) day written
notice to the Landlord of Tenant's intention to surrender the
residence. At any time dining a month-to-month tenancy
Landlord may terminate the month-to-month Lease by
serving Tenant with a written notice of termination, or by
any other means allowed by applicable Pennsylvania law.
Upon termination, Tenant shall vacate the premises and
deliver same unto Landlord on or before the expiration of the
period of notice.
10. OBLIGATIONS AND DUTIES OF LANDLORD:
As per Pennsylvania Code § §250.502-A:
The retention of control of the stairways, passages, roadways
and other common facilities of a tenement building or
multiple dwelling premises places upon the landlord, or other
possessor, the du tr( of reasonable care for safety in use. This
responsibility of the landlord extends not alone to the
individual tenant, but also to his faunily, servants and
Residential Lease Agreement. Pave 2
employees, business visitors, social guests, and the like.
Those who enter in the right of the tenant, even though under
his mere license, make a permissible use of the premises for
which the common ways and facilities are provided.
11. OBLIGATIONS AND DUTIES OF TENANT:
As per Pennsylvania Code § 250.503-A:
The tenant shall comply with all obligations unposed upon
tenants by applicable provisions of all municipal, county and
Commonwealth codes, regulations, ordinances, and statutes,
and in particular, shall:
I .Not permit any person on the premises with his permission
to willfully or wantonly destroy, deface, damage, unpair, or
remove any part of the structure or dwelling unit, or the
facilities, equipment, or appurtenances thereto or used in
common, nor himself do any such thing.
2. Not permit any person on the premises with his permission
to willfully or wantonly disturb the peaceful enjoyment of
the premises by other tenants and neighbors.
12. NO ASSIGNMENT: Tenant expressly agrees that the
leased premises nor any portion thereof shall not be assigned
or sub-let by Tenant without the prior written consent of
Landlord.
13. TENANT INSURANCE: Landlord shall not be liable
to Tenant, Tenant's family or Tenant's invitees, licensees,
and/or guests for damages not proximately caused by
Landlord or Landlord's agents. Landlord will not
compensate Tennant or anyone else for damages proximately
caused by any other source whatsoever, or by Acts of God,
and Tenant is therefore strongly encouraged to indepecridently
purchase insurance to protect Tenant, Tenant's family,
Tenant's invitees, licensees, and/or guests, and all personal
property on the leased premises and/or in any common areas
from any and all damages.
14. CONDITION OF LEASED PREMISES: Tenant
hereby acknowledges that Tenant has examined the leased
premises prior to the signing of this Lease, or knowingly
waived said examination. Tenant acknowledges that Tenant
has not relied on any representations made by Landlord or
Landlord's agents regarding the condition of the leased
premises and that Tenant takes premises in its AS-IS
condition with no express or implied warranties or
representations beyond those contained herein or required by
applicable Pennsylvania lake. Tenant agrees not to damage
the premises through any act or omission, and to be
responsible for any damages sustained through the acts or
omissions of Tenant, Tenant's family or Tenant's invitees,
licensees, and/or guests. If such damages are incurred,
Tenant is required to pay for any resulting repairs at the same
time and in addition to the next month's rent payment, with
consequences for non-payment identical to those for non-
payment of rent described herein. At the expiration or
termination of the Lease, Tenant shall return the leased
premises in as good condition as when taken by Tenant at the
commencement of the lease, with only normal wear-and-tear
excepted. Tenant shall have the right to remove from the
premises Tenant's fixtures placed thereon by Tenant at his
expense, provided, however, that Tenant in effecting
removal, shall restore the leased premises to as good, safe,
sound, orderly and sightly condition as before the addition of
Tenant's fixture. Failing this, Tenant shall be obligated to
pay for repairs as stated above.
15. ALTERATIONS: Tenant shall make no alterations,
decorations, additions, or improvements to the leased
premises without first obtaining the express written consent
of Landlord. Any of the above-described work shall become
part of the dwelling. If carried out by independent
contractors, said contractors must be approved by Landlord
Tenant shall not contract for work to be done without first
placing monies sufficient to satisfy the contract price in an
escrow account approved by Landlord. All work shall be
done at such times and in such manner as Landlord may
designate. If a. construction or mechanic's lien is placed on
the leased premises as a result of the work, such shall be
satisfied by Tenant within ten (10) days thereafter at
Tenant's sole expense. Tenant shall be considered in breach
of this Lease upon failure to satisfy said lien
16. NO ILLEGAL USE: Tennant shall not perpetrate, allow
or suffer any acts or omissions contrary to law or ordinance
to be carried out upon the leased premises or in any common
area. Upon obtaining actual knowledge of any illegal acts or
omissions wort the leased premises, Tenant agrees to
immediately infcxm Landlord and the appropriate authorities.
Tenant shall bear responsibility for any and all illegal acts or
omissions upon the leased premises and shall be considered
in breach of this Lease upon conviction of Tenant or any of
Tenant's family or invitees, licensees, and/or guests for any
illegal act or omission upon the leased premises- whether
known or unknown to Tenant.
17. NOTICE OF INJURIES: In the event of any
significant ij ,jury or damage to Tenant, Pennant's family, or
Tenant's invitees, licensees, and/or guests, or any personal
property, suffered in the leased premises or in any common
area, written notice of same shall be provided by Tenant to
Landlord at the address designated for delivery of notices
(identical to address for payment of rent) as soon as possible
but not later than five (5) days after said injury or damage.
Failure to provide such notice shall constitute a breach of
this Lease.
18. LANDLORD'S RIGHT TO MORTGAGE: Tenant
agrees to accept the premises subject to and subordinate to
Residential Lease Avreement, Paae 3
any existing or future mortgage or other lien, and Landlord
reserves the right to subject premises to same. Tenant agrees
to and hereby irrevocably grants Landlord power of attorney
for Tenant for the sole purpose of executing and delivering
in the name of the Tenant any document(s) related to the
Landlord's right to subject the premises to a mortgage or
other lien.
19. DELAY IN REPAIRS: Tenant agrees that if any
repairs to be made by Landlord are delayed by reasons
beyond Landlords control, there shall be no effect on the
obligations of Tenant under this Lease.
20. ABANDONMENT: Abandonment shall be defined as
d c: abscic. of the Tenant frrom the leased premises for a
period of seven (7) or more consecutive days while rent or
any owing monies remain unpaid- whereupon Tenant will be
considered in breach of this Lease. This definition is
subordinate to, and shall not in any way impair, the rights
and remedies of Landlord under this Lease or applicable
Pennsylvania law, except that in case of abandonment,
Landlord or Landlord's agents may immediately or any time
thereafter enter and re-take the leased premises as provided
by applicable Pennsylvania law, and terminate this Lease
without notice to Tenant.
21. NOTICE OF ABSENCE FROM PREMISES: If
Tectairt is to be absent from the leased premises for seven (7)
or more consecutive days, written notice of such should be
served upon Landlord. If such absences are to be customary
or frequent, the expected frequency and duration of absence
should be s:unm. #y noted .here:
Tenant expressly agrees and understands that absence from
the prerniscs, with or wMont notice, in no way obviates the
requirement to pay recut acid other itro€ties as stated fiereizu, or
the consequences of fauure to timely pay same.
22. POSSESSION OF PREMISES: Tenant shall not be
entitled to possession of the premises designated for lease
until the security deposit and first month's rent (or prorated
portion thereof), less any applicable promotional discount, is
paid in full and the premises designated for lease is vacated
by the prior tenant.
23. DELAY OF POSSESSION: Tenant expressly agrees
that if by reason of the premises being unready for
occupancy, or by reason of the previous tenant or occupant
of the dwelling holding over, or as a result of any other cause
whits! er, Tenant is unable to enter :nd uccupy the
premises, Landlord shall not be liable to Tenant in dames,
bit, shall ab to the aeTi or the 1,eTW in 'vV'a ich the Tenant is
unable to occupy the premises.
24. MATERIALITY OF APPLICATION TO RENT:
All representations made by Tenant(s) on the Application to
Rent (or lilic-titled document) are material to the grant of this
Lease, and the Lease is granted only on condition of the
buthfiilness and accurracy of said representations. If a failure
to disclose or lack of tiuddhiness is discovered on said
Application, Landlord may deem Tenant to be in breach of
this Lease.
25. MODIFICATION OF THIS LEASE: Any
modification of this lease shall not be binding upon Landlord
unless in writing and signed by Landlord or Landlord's
authorized agent. No oral representation shall be effective to
modify this Lease. It as per the terms of this paragraph, any
provision of this lease is newly added, modified, or stricken
nut, the remainder of this Lease shall remain in full force and
effect.
26. REMEDIES NOT EXCLUSIVE: The remedies and
rights contained in and conveyed by this Lease are
cumulative, and are not exclusive of other rights, remedies
and benefits allowed by applicable Pennsylvania law.
27. SEYERABILITY: If any provision herein, or any
portion thereof, is rendered invalid by operation of law,
judgment, or izuut order, the remaining provisions anchor
portions of provisions shall remain valid and enforceable and
shall be construed to so remain.
28. NO WAI`TIL The failure of Landlord to insist upon
the strict performance of the terms, covenants, and
agreements herein shall not be construed as a waiver or
relinquishment of Landlord's right thereafter to enforce any
such term, covenant, or condition, but the same shall
continue in full force and effect. No act or omission of
Landlord shall the considered a waiver of any of the terms or
conditions of thii Lease, nor excuse any conduct contrary to
the terms and ctwiditiorns of this Lease, nor be considered to
create a pattern of conduct between the Landlord and T enant
upon which Tenant may rely upon if contrary to the term;
and conditions of this Lease.
29. ATTORNEY FEES: In the event that Landlord
employees an attorney to collect any rents or other charges
due hereunder by Tenant or to enforce any of Tenant's
covenants herein or to protect the interest of the Landlord
hereunder, Tewl agrees to pay a reasonable attorney's fee
and all expenses and costs incurred thereby.
30. HEIRS AND ASSIGNS: It is agreed and understood
that all covenants of this lease shall :succeed to and be
binding ?;n the respective heirs, executors, administrators,
successors and, except as provided herein, assigns of the
parties hlker&o, `null nothing contained herein shall be
construed so as to allow the Tenant to transfer or assign this
lease in violation of any teem hereof.
Residential Lease Aareement, Paae 4
31. DESTRUCTION OF PREMISES: In the event the
leased premises shall be destroyed or rendered totally
untenable by fire, windstorm, or any other cause beyond the
control of Landlord, then this Lease shall cease and
terminate as of the date of such destruction, and the rent shall
then be accounted for between Landlord and Tenant up to
the time of such damage or destruction of said premises as if
being prorated as of that date. In the event the leased
premises are damaged by fire, windstorm or oar cause
beyond the control of Landlord so as to render the same
partially untenable, but repairable within a reasonable time,
then this lease shall remain in force and effect and the
Landlord shall, within said reasonable time, restore said
premises to substantially the condition the premises were in
prior to said age, and there shall be an abatement in rent
in proportion to the relationship the damaged portion of the
leased premises bears to the whole of said premises.
37. EMINENT DOMAIN: In the event that the leased
premises shall be taken by eminent domain, the rent shall be
prorated to the date of taking and this Lease shall terminate
on that date.
33. LANDLORD ENTRY AND LIEN: In addition to the
rights provided by applicable Pennsylvania law, Landlord
shall have the right to enter the leased premises at all
reasonable times for the purpose of inspecting the same
andlor showing the same to prospective tenants or
purchasers, and to make such reasonable repairs and
alterations as may be deemed necessary by Landlord for the
preservation of the leased premised or the building and to
reprove any alterations, additions, fixtures, and any other
objects which may be affixed or erected in violation of the
terms of this Lease. Landlord shall give reasonable notice of
intent to eater premises except in the case of an emergency.
Furthermore, Landlord retains a landlord's Lien on all
personal property placed upon the premises to secure the
payment of remit and any damages to the leased premises.
34. GOVERNING LAW: This Lease is governed by the
statutory and case law of the State of Pennsylvania..
35. ADDITIONAL PROVISIONS:
Tenant is responsible for snow removal from sidewalk and
walkways around the property.
Landlord will not be responsible for accidents and injuries to
tenants or guests of tenants while in or on the property at 80
Fast Main Street, Newville, PA 17241.
ssssssssssssssssss*ssss
Residential Lease Agreement, Paae 5
WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:
LANDLORD
Print: KA)41- P _ Dlr.` Date: o
TENANT
Sign: Print: Date:
TENANT
Sign:
Print:
Date:
TENANT
Sign: Print: Date:
TENANT
Sign: Print: Date:
Residential Lease Aareement, Paae 6
0
CO
ROBERT G. DARIUS and
KATHLEEN D. DARIUS, TA DARIUS
& ASSOCIATES,
Plaintiffs
V.
SCOTT FINKENBINDER and
STEPHANIE FINKENBINDER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-5082 CIVIL
: ASSU IAPSIT-LANDLORD & TENANT
ANSWER
1. Admitted to the extent the Defendant has knowledge
2. Admitted
3. Admitted
4. Admitted
5. Denied - Rent was paid for March, May, June, July and partial for August .
March 525.00
April
May 611.00 ( 525.00 rent and 86 w/s)
June 525.00
August 100.00
6. Admitted
7. Admitted in part, Denied in part. Defendants admits vacating premises on or about August 27, 2004.
Defendant denies that new tenants entered into new lease on August 29 and moved in at that time. New
tenants were entering into defendant residence and the time defendants were Vying to vacate.
8. Denied
Rent Owe 3150.00
Rent paid 2200.00
Balanced owed 950.00
W/S owed 398.48 ( please see attached NEW MATTER)
AMOUNT OWED 1358.48
NEW MATTER
9. The water and sewer amount is 398.48 according to bills. Defendants feel this amount should be
reduced because of the numerous times the water lines broke and was unable to shut off the water because
the Plaintiff had the basement door locked and had the only key.
WHEREFORE Defendant requests this Honorable Court to Adjust Plaintiffs Complaint
Date If - F7 -0? 20004
Respectfully submitted,
NEWVILLE WATER & SEWER AUTHORITY FIRST CLASS MAIL
4 West Street, Newville, PA 17241 U.S. POSTAGE PAID
Phone: 776-7633 NEWVILLE, PA
RETURN SERVICE REQUESTED Permit #2
MESSAGE (.
LOCATfON ?80 East Mai St e Aq-y. t. 3 nus
ACCOUNT Nth.` A - . '
1-00000815 07-01 09-30 11-09-04 Darius Real Estate
CDI PRESENT 1- PREVIOUS- USA60' 1 CURB CHG ;
I
w 459 441 18 169107
S 18 7660
I
I
I
1 AMOUNT REMITTED:
PAST Wit" lsJ une TOTAL DUE ACCOUNT DUE
0.00 I 245.67 1"245.67 1-00000815 11-09-04
TOTAL DUE
:245.67 I
Make Checks Payable to:
NWSA
PLEASE REMIT TO:
NEWV1L.LE WATER &
SEWER AUTHORR Y
4 West Street
Nevwilie, PA 17241
Detach and Mail with Payment
or
Bring This Bill When Paying In Person
to
Newville Borough Office
4 West Street
OFFICE HOURS:
Monday 8:30 AM to 4:30 PM
Tuesday 8:30 AM to 4:30 PM
Thursday 8:30 AM to 4:30 PM
Friday 8:30 AM to 4:30 PM
USAGE
IN THOUSANDS
OF GALLONS
FAILURE TO RECEIVE BILL
DOES NOT RELIEVE
CUSTOMER OF OBLIGATION TO PAY
Keep This Portion For Your Records
THANK YOU
NEWVILLE WATER & SEWER AUTHORITY
4 West Street, Newville, PA 17241
Phone: 776-7633
RETURN SERVICE REQUESTED
MESSAGE
FIRST CLASS MAIL
U.S. POSTAGE PAID
NEWVILLE, PA
Permit #2
L
C
A
TION
_
O
30 A i }
-
?-
p
AT
S FR[Mit t a P}0# DUE
1-00000815 04-01 l 06-30 08-06-04
Cd PRESENT I PREVIOUS USAGE CURR CHO '
I
W 441 424 17 162135
S 17 72135
1
1
1
1
I
kee. - 1"Ac-1 -luvie
Darius Real Estate
AMOUNT REMITTED:
PAST DUE . THIS BILLING TOTAL DUE ACCOUNT
0.00 234.N 234.70 1-00000815
TOTAL DUE
DUE
08-06-04
234.70
Make Checks Payable to:
NWSA
PLEASE REMIT TO:
IEWYILLE WATER &
SEVIER AUTHORITY
4 West Street
Nemille, PA 17241
Detach and Mail with Payment
or
Bring This Bill When Paying In Person
to
Newville Borough Office
4 West Street
THANK YOU
OFFICE HOURS:
Monday 8:30 AM to 4:30 PM
Tuesday 8:30 AM to 4:30 PM
Thursday 8:30 AM to 4:30 PM
Friday 8:30 AM to 4:30 PM
USAGE
IN THOUSANDS
OF GALLONS
FAILURE TO RECEIVE BILK
DOES NOT RELIEVE
CUSTOMER OF OBLIGATION TO PAY
Keep This Portion For Your Records
mo-,. q mGo& w1S
$ $ Cn W15 At, cotj o2 s
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PAYTOTHE
ORDEROF
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A AN S COVN'IY
NATMAL BANK
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BRANDEN FINKENBINDER
STEPHANIE FINKEMBINDER REP PAY
PWNF D. PA 17081
?c
' t
-41
R (,1
n ? (?1ry
.A
r . "-%
CASE NO: 2004-05082 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DARIUS ROBERG G ET AL
VS
FINKENBINDER SCOTT ET AL
BRYAN WARD
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FINKENBINDER SCOTT
DEFENDANT
the
at 1725:00 HOURS, on the 4th day of November , 2004
at 11 CHESTNUT STREET
NEWVILLE, PA 17241
STEPHANIE FINKENBINDER
, Sheriff or Deputy Sheriff of
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.14
Affidavit .00
Surcharge 10.00
.00
36.14
Sworn and Subscribed to before
me this - day of
¢rjd A. D.
rot onotary
So Answers:
A:
R. Thomas Kline
11/05/2004
DARIUS & ASSOC
By. i ^ )
Depu Sheriff
• --,
CASE NO: 2004-05082 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DARIUS ROBERG G ET AL
VS
FINKENBINDER SCOTT ET AL
BRYAN WARD
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
FINKENBINDER STEPHANIE
was served upon
the
DEFENDANT , at 1725:00 HOURS, on the 4th day of November , 2004
at 11 CHESTNUT STREET
NEWVILLE, PA 17241
STEPHANIE FINKENBINDER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
So Answers:
R. Thomas Kline
11/05/2004
DARIUS & ASSOC
Sworn and Subscribed to before
me this day of
A.D.
By. ` ?j )
Dep y Sheriff
rothonotary?
Curtis R. Long
Prothonotary
Office of the Vrotbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
041 - SO9 z CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573