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HomeMy WebLinkAbout12-3041COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT I I COMMON PLEAS No. /p1 - 30541 0,;VaTeral NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO, NAME OF MDJ Capital Asset Property Management 09-3-01 Honorable H. Anthony Adams ADDRESS OF APPELLANT CITY STATE ZIP CODE 2000 Powell Drive Chambersburg PA 17201 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) April 17, 2012 Megan K. Hjelm VS Capital Asset Property Management DOCKET No. SIGNATURE 0 EL R ATTORN GENT CV-000063-2012 This block will be signed ONLY when this notation is required under Pa. f ap ellan as Claimant (see Pre. .C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Megan K. Hjelm appellee(s), to file a complaint in this appeal ame of appellee(s) (Common Pleas No. 0 Vt7? oUk ) within twenty (20) days after service of rule or offer e ry of ent of non pros. nature of appellan?r a omey or agent L. RULE: To Megan K. Hjelm appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dater '20 ll" ?/ ?/ ignature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 s .;4vw A.LLV vd 05'9701 f N VINVA IASNN3d L O, •L Wd ?l A I JZ E UTiC1 y' rj H # 10 6 (.i i JA t ..? N COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND ill t, Case Mag. Dist. No MDJ-09-3-01 MDJ Name: Honorable H. Anthony Adams Address: 35 West Orange Street Shippensburg, PA 17257 Telephone 717-532-7676 Capital Asset Property Management 2000 Powell Drive Chambersburg, PA 17201 Disposition Summary M=ocket No Plaintiff Defendant MJ-09301-CV-0000063-2012 Megan K Hjelm Capital Asset Property Management AI.-093C1-CV-0000248-2011 Capital Asset Property Megan K Hjelm Management Judgment Summary Megan K Hjelm V. Capital Asset Property Management Docket No: MJ-09301-CV-0000063-2012 Case Filed: 3/30/2012 Disposition Judgment for Plaintiff Withdrawn Disposition Date 04/17/2012 0411712012 Participant Joint/Several Liability Individual Liability Amount Capital Asset Property Management $0.00 $5,197.00 $5,197.00 Megan K Hjelm $0.00 50.00 $0.00 ,,judgment Detail ('PostJuagment) In the matter of Megan K Hjelm vs . Capital Asset Property Management on 4.11712012 the disposition is Ju dgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,186.50 $5,18650 Costs $0.00 $10.50 $10.50 Grand Total: $5,197.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT FOLDER 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 MAYBE 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. bake Magisterial District Judge H Anthony Adams certify that this is a true and correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MCJS 315 Page 1 of 2 Printed: 04/17/2012 3:38:03PM 1 IN THE COURT OF COMMON PLEAS OF Megan K. Hjelm, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff -mot vs. No. 2012-3041 ` Capital Asset Property Management, CIVIL ACTION ' _ Defendant '-' C.) c -? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.2012-3041, upon the Magisterial District Judge designated therein on (date of service) May 17, 2012, ? by personal service ® by (certified) (registers mail, sender's receipt attached hereto, and upon the appellee, (name) Megan K. Hielm, on May 17, 2012 ?by personal service® by (certified) (fegistered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 17"' DAY OF May, 2012 Sig tune of official before whom afridavit was made Title of official My commission expires on December 19, 2015. COMMONWEALTH OF PENNSYLVANIA Notarial Seal EmNy C. Myers, Notary Public c amt+er&x9 am, praokNn CountY p? ConvnWm 6gslres pet. 19 2015 MEMBER, MOISYWANIA MOCtATM OF NOTARIES AOPC 312A - 05 79 St. Paul Drive Chambersburg, PA 17201 k CO -B Ir - CO Er ru p O O Ln ?- m M r- • V ? N Q Z w ? Lu J r ? oz 0 ° a 0 U) rn = tim w M c? a O Cz to a. bA CZ >? U C V) Ln Q m CERTIFIEI (Domestic Mail C For delivery inform ru Postage C3 Certified Fee a O Return Reclept Fee (Endorsement Required) E3 Ln Restricted I every Fee (Endorsement Required) M r-q Total Postage & Fees E3 Sent To p, t'?tfi\C LL B ? .",A 1 $treef, Apt No.; -, - ? or PO Box No. j %'., ,` `,: A ?i(Gt t 1- ____________________________ Clry, State, ZIP+4 - U C3 o a s CO O -- -- m ? - o C3 O O a C3 r- V? N w Z > J Cf) 0 Z J Z d d rn = r` Co m Of 00 w m Q U ?a N ti >? a?Aa ? A CA CO cu %?O x O co ! F I C3 PQ M Caromrd PO C3 C3 (Endo eem R RNl E3 Plestricted C3 Total Postage # Paw rr ro ,r "'• "? PO Box Ab. t, ; ? .....3 ?_ FA 171(,-) Owens Barcavage & McInroy, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) FILED-O F iCt CF THE PROTHONOTA[ 2012 JUL 18 AM 11: 2 8 CUMIIERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MEGAN K. HJELM, No.: 12-3041 Plaintiff CIVIL ACTION - LAW V. CAPITAL ASSET PROPERTY ARBITRATION MATTER MANAGEMENT, Defendant PRAECIPE FOR ENTRY OF APPEARANCE Dear Prothonotary: Kindly enter the appearance of Owens Barcavage & McInroy, LLC and Bart W. Esquire, on behalf of Plaintiff Megan K. Hjelm. Thank you. Owen Barcavage & McInroy, LLC Date: 7/16/2012 By: Bart W. o m , Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, by United States Mail, pre-paid, as follows: Salzmann Hughes, P.C. Attn: Nancy H. Meyers, Esquire 79 St. Paul Drive Chambersburg, PA 17201 Date: 7/16/2012 Bart W. Ho Owens Barcavage & McInroy, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) r ~.~` ~~~-.. ~~ AUG 24 PM i ~ 50 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MEGAN K. HJELM, Plaintiff No.:12-3041 CIVIL ACTION -LAW v. CAPITAL ASSET PROPERTY MANAGEMENT, Defendant ARBITRATION MATTER COMPLAINT NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITH TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TH CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO D( SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YO CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 MEGAN K. HJELM, Plaintiff v. CAPITAL ASSET PROPERTY MANAGEMENT, Defendant No.: 12-3041 CIVIL ACTION -LAW ARBITRATION MATTER AND NOW COMES Plaintiff Megan K. Hjelm, by and through her attorneys Owens Barcavage & McInroy, LLC, and Bart W. Holmes, Esquire, and avers as follows: 1. Plaintiff Megan K. Hjelm (hereafter "Hjelm") is an adult individual with a Pennsyl mailing address of 6808 Drake Drive, Harrisburg, PA 17112. 2. Defendant Capital Asset Property Management (hereafter "Capital") is believed to be ; Pennsylvania business corporation with a business address of 2000 Powell Drive, Chambersburg, PA 17201. 3. Defendant Capital is the property manager and agent for Madison Court LLC/Creeksic Court, LLC, the owners of the premises in question in this lawsuit. 4. In February 2011, Hjelm entered into a written contract (hereafter the "Lease") to student housing at 101 Brookside Avenue, Apartment No. 7, Shippensburg, PA 17257 (hereafter the "Apartment"). 5. Hjelm does not have a copy of the written lease between she and Madison Court LLC/Creekside Court, LLC, as her account was removed from Capital's website. 6. Attached hereto is a Lease Agreement that is believed to be identical to the one that executed between Hjelm and Madison Court LLC/Creekside Court, LLC except that lessee is different, and the name of said lessee has been deleted for privacy reasons. Lease Agreement is attached hereto as Exhibit "A," and all of its terms aze i herein by reference as if set forth at length. 7. The attached Lease Agreement Provides: "ONE: LEASE -GENERAL TERMS. This LEASE is made in contemplation of the that TENANT is lawfully residing in the United States and has some official connecti with Shippensburg University, either as afull-time student, or other connection recognized by AGENT. If such connection should cease or legal residency status shoe 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 is responsible the terms of this LEASE and full payment of rent for the entire LEASE PERIOD..." Lease Agreement, p. No. 1. 8. The total amount of the lease for the Apartment was $4,690.00, or $2,345.00 a 9. The term of the lease for the Apartment was from August 2011 to August 2012. 10. Hjelm had paid all amounts owing on the previous lease term for the Apartment and otherwise in compliance with all terms of the previous lease agreement. 11. The Apartment was an individually locked, single room, within a three (3) room apartment unit, with a common area, shared with two (2) other students. 12. On or about 2/10/2011, Hjelm received notice from Capital that she owed $300.00 dollazs, payable by 3/1/2011, for her Fa112011 lease. 13. Hjelm paid this amount on 2/25/2011. 14. Pursuant to the Lease Agreement, on or about May 7, 2011, Hjelm contacted Capital advise she would not be attending Shippensburg University during the Fa11201 1. semester. 15. Also on May 7, 2011, Hjelm moved some of her belongings out of the Apartment and signed a move out agreement that was provided to her to sign by Capital. The which is attached as Exhibit "B," provides: "I understand that through signing this document I have agreed to completely vacate above property on the above date. Furthermore, I will not reenter the unit for any rea whatsoever until it deemed allowable based on my renewed lease (2011-2012, or sur rental) agreement. Any violation of this agreement will be considered trespassing on private property." 16. It is believed that sometime during the month of May 2011, Capital changed the locks the Apartment preventing Hjelm from reentering same. 17.On or about 5/25/2011, Hjelm sent a letter to Mark Arner, an employee of Capital, requesting a release from her lease obligations and requesting his assistance. She also made multiple telephone calls to Mark Arner the same day, and several days thereafter. Neither the letter nor the telephone calls were acknowledged. 18. On or about 5/29/2011, Hjelm sent another letter to Mark Arner, with a letter from the Shippensburg Registrar regarding Hjelm's student status. Again, Hjelm requested assistance from Mark Arner, with no response. 19. By letter dated June 30, 2011, Hjelm requested from Capital a partial payment for the subject lease that was to begin in August 2011. This letter included a check for $300.00 dollars. 20. On 8/16/2011, Hjelm met with Heather McKay, an employee of Capital, at the Apartment. The purpose for this meeting was for Hjelm to recover some furnishings kitchen items, belonging to Hjelm, that had been left in the Apartment. At this time the locks on the Apartment had been changed. 21. During this meeting Heather opened the Apartment for Hjelm because the locks had changed. 22. Also at this meeting Hjelm asked to be allowed to live in the Apartment until another tenant could be found to take over the Lease. 23. Heather refused to allow Hjelm to live in the Apartment. 24. Instead, Heather McKay suggested that Hjelm contact Capital's housing office to get assistance in finding a new tenant to take over the Lease. That same day Hjelm the housing office but they refused to assist her. 25. By letter dated 10/21/2011, Capital advised Hjelm that she owed an outstanding of $4436.50. 26. In response to the 10/21/2011 letter, Hjelm contacted Miranda, an employee of the same day. Miranda advised that Hjelm owed a total of $4436.50 for everything. Hjelm paid this amount by on 10/21/2011 to protect her credit rating, even though she was not permitted to live in the Apartment. 27. To date, Hjelm has paid a $150.00 security deposit, a $300.00 rent pre-payment on 2/25/2011, an additional payment of $300.00 on 6/30/2011 as part of a partial pay agreement to keep her lease in good standing, and a final payment of $4436.50 on 10/21/2011, for a total of $5186.50. COUNT I -BREACH OF CONTRACT 28. The allegations in the foregoing paragraphs are incorporated herein by reference as if forth at length. 29. The Lease Agreement provided that Hjelm was permitted to live in the Apartment so as she met all of the terms and conditions of the Lease. 30. Hjelm complied with all material terms and conditions of the Lease including payment all amount allegedly owing, with the exception of no longer being a student at Shippensburg University. 31. Hjelm's lack of student status entitled Capital to terminate the Lease Agreement, at discretion. 32. Capital chose not to terminate the Lease Agreement in order to continue to be paid for entire term of the Lease Agreement. 33. The move out agreement Capital required Hjelm to execute provided only that Hjelm not permitted to reenter the Apartment during the summer months, but also that: "I not reenter the unit for any reason whatsoever until it deemed allowable based on my renewed lease (2011-2012, or summer rental) agreement." 34. Hjelm had renewed the Lease Agreement for the 2011-2012 term and complied with of its terms. 35. Capital breached the material terms of the Lease in that it did not permit Hjelm to at the Apartment even though Hjelm was in compliance with all material terms of the Lease. 36. Capital was at all times relevant hereto acting as the agent for Madison Court, LLC/Creekside Court, LLC, the owner of the Apartment. WHEREFORE, Plaintiff Megan Hjelm demands judgment in her favor and against Capital Asset Property Management in the amount of $5186.50 plus interest and costs and reasonable attorney fees. COUNT II -UNJUST ENRICHMENT 37. The allegations in the foregoing paragraphs are incorporated herein by reference as if forth at length. 38. In the alternative, the Capital is liable to Hjelm under a theory of unjust enrichment. 39. Benefits, the payments by Hjelm totaling $5186.50 were conferred on the Capital by Hjelm. 40. Capital accepted these benefits from Hjelm, and in fact demanded same. 41. The Lease Agreement provided that Hjelm was permitted to live in the Apartment so as she met all of the terms and conditions of the Lease. 42. Hjelm complied with all material terms and conditions of the Lease including payment all amounts allegedly owing, with the exception of no longer being a student at Shippensburg University. 43. Hjelm's lack of student status entitled Capital to terminate the Lease Agreement, at discretion. 44. Capital chose not to terminate the Lease Agreement in order to continue to be paid for entire term of the Lease Agreement. 45. The move out agreement Capital required Hjelm to execute provided only that Hjelm not permitted to reenter the Apartment during the summer months, but also that: "I not reenter the unit for any reason whatsoever until it deemed allowable based on my renewed lease (2011-2012, or summer rental) agreement." 46. Hjelm had renewed the Lease Agreement for the 2011-2012 term and complied with of its terms. 47. Capital breached the terms of the Lease in that it did not permit Hjelm to reside at the Apartment even though Hjelm was in compliance with all material terms of the Lease. 48. Capital was at all times relevant hereto acting as the agent for Madison Court, LLC/Creekside Court, LLC, the owner of the Apartment. 49. The Capital's acceptance and retention of the $5186.50, without permitting Hjelm to reside in the Apartment, was under such circumstances that it would be inequitable for Capital to retain the benefit without payment of value, which was refused by Capital. WHEREFORE, Megan Hjelm demands judgment against Capital Asset Property Management in an amount of $5186.50, plus interest and costs of suit and reasonable attorney fees, and other relief this Honorable Court deems just and proper. Owens Barcavage & McInroy, LLC Date: 8/24/2012 ` By: Bart W. Ho es, quire~~ PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) EXHIBIT "A" Madison/Brookside/Creekside Court Apartments LEASE AGREEMENT STATE OF PENNSLWANIA, COUNTY OF CUMBERLAND 2011-2012 This LEASE AGREEMENT ("LEASE"), made and entered into as of today, DATE by and between MADISON COURT LLC/ CREEKSIDE COURT LLC ("OWNER") and _("TENANT') and ("TENANT"), The PREMISES will be managed by CAPM, LLC and is the OWNER'S agent ("AGENT") with address of 14 Kenneth Ave +torningstar Shippensburg PA 17257. WITNESSETH: That the OWNER does hereby rent and lease to TENANT and TENANT does hereby rant and lease from OWNER, the following PREMISES ("PREMISES") under the foAowing terms: Property: MCA/BCA/CCA Building Address: Apartment; Lease Period: 2 Semesters Move-in Date: 2077-06.22 Move-out Date: 2(172-05.06 Installment Amounts: Fall Partial: 300,00 Fatl Remaining Balance: 2.oa5.00 Spring: z.3as.oo Payment Due Dates: Fall Panial:March t. zot t Fall Remaining Balance: .lwv t. tot t Spring: November t. ZOt t Total Lease Payment: Sa,690.00 ONE: LEASE -GENERAL TERMS. This LEASE is made in contemplation of the fact that TENANT is lawfully residing in the United Slates and has some official connection with Shippensburg University, either as afull-tinge student, or other connection recognized by AGENT. If such connection should cease or legal residency status should change, at AGENTS discretion, AGENT may terminals this LEASE immediately. TENANT may be deemed a TENANT at sufferance in which case TENANT must at once vacate the PREMISES. TENANT shalt notify the AGENTS leasing office, in writing, of any cessatan of enrollment, whether due to graduation, withdrawal, or Otherwise, at least 30 days in advance of the effective date. TENANT agrees that he/sM is 18 years of age or older and capable to sign this LEASE. TENANT is roeponsible for the terms of this LEASE and full payment of rent for the entire LEASE PERIOD. If any rental payment falls in arcears over 5 days, the full rental amount for the entire LEASE PERIOD becomes due at once and aN SECURITY DEPOSITS will be forfeited. If TENANT fans 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 lime, OWNER may take any legal action necessary to obtain FULL payment of amount ~ 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 OWf 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 try TENANT. TWO: RESERVATION FEE i3 SECURITY DEPOSIT. AGENT acknowledges receipt from TENANT in the amount of Three.Hundred U.S. Dollars (5300.00) as aNON-REFUNDABLE RESERVATION fee that will be forfeited if this LEASE is breached by TENANT for any reason whatsoever. Upon receipt of 1° LEASE payment from TENANT, the NON-REFUNDABLE RESERVATION FEE will 1>e converted to a SECURITY DEPOSIT at which time AGENT accepts the SECURITY DEPOSIT in the amount of Three Hundred U.S Dollars Issoo.oo) as collateral (of which Ons Hundred U.S. Dollars (Y100.t>D) is NON-REFUNDABLE) for the full and faithful performance by TENANT each and every provision, covenant, condition, and for the entire IEASE PERIOD, including the payrnant of late tees 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 wid be forfeited abng with any other money held by AGENT I OWNER including but not limited to tent outstanding artd fees. If the apartment is wndsmned 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 bills that ors due. The SECURITY DEPOSIT wifl be held until al provisions of this LEASE have been fulfilled (including vacating of PREMISES on lima, seeSeetton TWELVE: MOVEAUT, below). If a TENANT terminates this LEASE before the commencement date for any reason, atl monies including RESERVATION FEES and SECURITY DEPOSITS will be forfeited as well as the rent that has been paid. In addition, TENANT wi(I 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 administrativ 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 applicabl 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 ail 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, al 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 sh 1 be entitled to such additional damages along with the cost of exercising its rights, incuding attorneys' fees to recover monies owed. If TENAN signs a new LEASE for a new LEASE PERIOD for the same unit and their SECURITY DEPOSIT is paid andlor 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 aH addendums. 2otato.Za TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS THREE: LEASE PAYMENTS. LEASE payments can be made at the AGENT's Leasing OKce or online at_www.myrentporta(.com via the certified check, money order, ACH checking account debit or credit card charge. Failure of TENANT to pay any payment when due, OWNEf AGENT has the right, at it's option, to terminate the LEASE immsdialely, TENANT shall be deemed a TENANT of sufferance, and TENANT shat! 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 OWNERiAGENT !o avail itself of these rights at env particular time shelf not constitute a waiver thereof. Suite A and TENANT T 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 sponsors 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 (10") day of the month. PAYMENTS RESERVATION FEE SECURITY DEPOSIT APPLICATION FEE PRO-RATED RENT TOTAL tN171AL PAYMENT Term of LEASE (# of months) TOTAL LEASE PAYMENT DUE: Amount So.oo s~ o0 510 New TsneM. 80 Returning Tenant 50.00 fo.00 2 Semesters 54,890.00 All checks are written to MCA LLC for Madison IBrookslde Court Apartments or CCA LLC for Creakside Court Prorated Rent: $ 0.00 due Payment 1: $ 3<1SDb'-'due M ayment 5: $ due Payment 9: $ due Payment 2: $~~ due ~ r 1 Payment 6: $ due Payment 10: $ due Payment 3: $ 2,345.00 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. 2oto•lazg TENANT rRINTED NAMt TENANT SIGNATURE DA E WITNESS FOUR: LATE CHARGES b 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 wilt apply to all rent due and all charges billed to TENANT (including but not limited t0 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 until payment is received in full. TENANT also agrees to pay a Fifty U.S. Dollars ($50.00) handlingladministrative 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 addend~~^~< zotalaze TENANT PRINTED NAME TENANT 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 pe total of charges for water, sewage, gas and electricity exceed the following per apartment type: 3-bed unit • 5180 per month, for a a-bed unit - per month, TENANT shall immediately reimburse AGENT, as additional rent, TENANT`S pro rata share of such excess utility charges. On or a the 25th AGENT agrees to invoice TENANTS} 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 readinglunderstanding this LEASE and hislher right to consult with an attorney concerning LEASE and all addendu^+~ TENANT PRINTED NAME SIX: INTERRUPTION OF SERVICE. TENANT SIGNATURE 2o1a-laze DATE WITNESS In no event shall AGENT be responsible for any interruption, shortage or reduction of utilities and or amenities supplied b 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 b liable to TENANT, due to repairs or interruption of services of utilities or amenities (amenities including High Speed Internet Service or cable T\ appliances, or equipment in or about the PREMISES or sue to defects in the PREMISES not caused by AGENT'S fault, omission, negligence, c other misconduct; or due to the inability of AGENT to obtain fuel, utilities, or repairlreplacement parts. SEVEN: RENEWAL NOTICE. If TENANT wishes to remain al MCA/BCA/CCA for the proceeding year, TENANT is requested to sign a Lease renewal prior October 31st of the current year. EIGHT: TERMtNATtON. If at any time TENANT breaks any clause, meaning or intent of this LEASE or Addendums at OWNER/AGENTS SOI LEASE MAY BE immediaiely terminated, TENANT shall be deemed a TENANT at sufferance and be required to immediately vacate the PRE 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, 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 end 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, the DETERMINATION default AGENT Page 2 of 14 TENANT 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 readinglunderstanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendurr- TENANT PRINTED NAME NINE: CASUALTY. Should the PREMISES be destroyed or so damaged Dy fire or other casually as to become uninhabitable, this LEASE shall cease from the date of the fire or other casualty. TEN: MOPEdN. TENANT agrees to take the apartment "as is." TENANT will be supplied with amove-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 OWNERlAGENT any additional items via bnant portal of corrections and/or deficiencies that were not outlined on the Walkthrough Assessment. Defects not reported within this time of the first TENANT taking possession shall be presumed to have occurred during the TENANT possession. UNess 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 Stan date. TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all ariAnnrl i in TENANT PRINTED NAME 2010.10-29 TENANT SIGNATURE WITNESS TENANT SIGNATURE 2010.10-29 DATE WITNESS TWELVE: MOVE-OUT. OWNER encourages TENANT to review the condition of Apartment prior to vacating the PREMISES to ensure TENANT has complied with move out proceduros. After the LEASE ends, any occupancy by persons or property will cause SECURITY DEPOSIT to be forfeited. If then en items or trash romaintrtp or more than one hour of cleanlnp to be done, or repairs to be made at 5:30 PM on the date the LEASE ezpiros for whabwr 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 ofrce. With the above conditions met, the SECURITY DEPOSIT wtll be refunded following completion of repairs to damages, or after the expiration of -he 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 cbsed. 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 condign. 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 properly 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 -hereto 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 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 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 bck 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 rooms without key codes (such as broken windows, doorjambs, locks, etc.). SIXTEEN: RULES 6 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.Sollcitation and Advertising. Solicitation, sales, and advertising are not permitted properly without prior written authorization from AGENT. No door-lo-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 motorcyGe parking area and may not park on the asphalt. The maintenance and washing of vehicles is not permitted on -he 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. and against AGENT Page 3 of 14 TENANT aaamrary yaws. r crvr,rv ~ a mrau wrnpry wnn au sannary laws, w¢n rules ano regwauons or municipar, state, or reaerai authorities. e.Community Responsibility. TENANTS are memhers of an apartment community and are expected to act responsibly and not interfere with the rights, comfort, or safety of their roommate(s) and other students. TENANT and TENANTS GUESTS wilt comply with PROPERTY QUIET HOURS from 11PM - 9AM Sunday through Thursday and 2AM - 9AM Friday and Saturday. Furthermore, at any time, TENANT nor their GUESTS will not interfere with fhe 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 albws 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, safely, maintenance, fire, and all complex policies are being followed. d.Windows and Sereans. TENANTS will be charged for the replacement of broken windows deemed to be caused by their or their guest's negligence. Oo 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 maybe 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 fro Sunday through Thursday and 2AM - 9AM Friday and Saturday. Furthermore, at any time, TENANT nor their GUESTS will not with the right of quiet enjoyment of another other TENANT. I.Trash. AGENT provides TENANT with ample trash receptacles or dumpsters. Throwing of !rash 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 d will be fined and issued a LEASE violation. TENANT will dispose of trash and garbage in the designated location and procedt 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 ai 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.Walis: 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 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 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 our source or burning candles or incense is not permitted. Violations of this rule may lead to fines and/or eviction. S.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 oradhesive-backed wall coverings such as wallpaper or contact paper. i.No arms. Possession or use of firearms (including 88 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 slicks, gravity knives, Billy clubs or nightsticks, blackjacks, metal knuckles, or wrist brace-type slingshots), or other dangerous substances are not permitted. n 11 PM - 9AM interfere rpsler TENANT as outlined not attach heating AGENT Page 4 of 14 TENANT j.Storage or use of flammable or explosive liquids or gases including lighter fluid is not pesmitted. k.Possession and/or use of electrical equipment and appliances in private bedroom areas. I.E (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, rebcating or removing OWNERS Property from a room or building, or nailing hooks into OWNERS provided fumfture, wafts, 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.0isrupttve behavior or excessive noise of any kind. u.Physical, verbal, or mental harassment of any individual. v.Changing or adding Pocks to individual room or apartment entrance doors. w.Amplification (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, properly, 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 addendur- 2010-10.29 TENANT PRINTED NAME TENANT SIGNATURE WITNESS SEVENTEEN; VEHICLE PARKING. Any vehicle parked by TENANT or TENANT'S family, empbyees, 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 wilt 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 AGENT'S 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 properly 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,Ssction 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 properly improperly parked, or stored, so as to block or inhibit access to any dumpsler or fire lane will tx towed, or otherwise removed, at its owners 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 AGENTIOwner, a maximum of seven days per calendar month. The use of the PREMISES, parking spaces, laundry equipment, volleyball court, pool, grilling area, clubhouse, fitness center, computer lab, community kitchen, and all othe facilities provided by AGENT shell be at the risk of TENANT, TENANT'S guests, invitees, employees and agents, each of whom does hereby and release and indemniy AGENT from antl 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 Iagor 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 damega NINETEEN: USE OF FACILITIES AND AMENITIES.Use of all facilities and amenities which AGENT provides for TENANTS comfort, such as parking areas, volleyball, basketball, tanning rooms, fitness center, clubhouse and computer center, high Speed Internet, cable TV (none of whi 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 pars damage to property arising out of TENANTS use thereof, unless the same is caused solely by AGENT'S fault, omission, negligence or other mil Furthermore, TENANT will not hold AGENTtONWER responsible for any outages or inability to use such amenities or facilities.(i.e. withholding n The AGENT may revoke use of any of these facilities without affecting the remainder of this LEASE. AGENT will provide a seasonal outdoor swii TENANTS use in common with others, TENANT agrees to comply with, and to cause TENANT'S family and guests to compy 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 8 REGULATIONS of this LEASE. A failure to comply with said rules and regulations may result, al AGENT'S option, in AGENT revoking TENANT' 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 alt 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 Slates and all policies and regulations of AGENT (see SIXTEEN: RULES b REGULATIONS. atwve). TENANT agrees to observe traffic regulations conceming 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 bcaled. TWENTY-0NE: 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 such breach being grounds to terminate TENANT'S occupancy of the PREMISES. The term "drug-related criminal activity' means the illegal alconies, elevator, common swimming pool, ;h facilities or on or loss or due to outages) ling pool for use of the pool. AGENT Page 5 of 14 TENANT Comprehensive Drug Abuse Prevention and Control Act (27 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. j 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 pan 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 AGENTS at TENANTS request, moves, handles or stores anything, or drives or parks TENANTS motor vehicle, then and in every case, such employee shall be deemed TENANTS 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, fumiture, 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 alteretions 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: t x Electric Stove/ RangeX 1 x Computer Desk X 1x Coffee Table X Light FixturesX 1x ComputerDesk ChairX 1x End TableX tx Ceiling Fans-Varies by Unit X tx Under Bed Chest of DrawersX 1x 3 Person CouchX 1x Oversized ChairX 1 x Electric Water HeaterX 1 x Full Size Washer and DryerX tx 54"x75" or 1x 36"X60' Steel Bed FremeX 1x Double 54"x75" or 1x 36'X80" Mattress X 1 x Electric Heat Pump /Central AirX 1 x Fire Extinguisher in Kitchen X tx Dining Room TableX - Dining Room Chairs X 1x RefrigeratorX 1x Under Cabinet MicrowaveX t x Dishwasher X Mini Blinds X 1 x Fire Alarm System /Strobe Lights /Smoke/Fire Detection Devices 8 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, LIGNTBULBS. 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 regular the course of the LEASE. TENANT will notify AGENT of any smoke/fire detectors that are not working properly immediatey and request a repo TENANT will pay for any damage to Property if TENANT fails to notify AGENT of defective smokelfire detectors. Any damages (broken windows, clogged commodes, entrance ticks) resuRing 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 (seeSectfon 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 her 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 OWNERlAGENT written consent. TENANT shall purchase and install BO-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 b TEAR.Accumulation of excess grease andlor dirt and damage to walls, ceilings, floors or appliances will not be considered ordinary wear and tear and if not propedy 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 Apanment and any other Apartment(s) caused by TENANT neglect. As an example, flooding due to clogged toilets, tub! showerfsink 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 chippedlbumed/ 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 reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendums 2010.10-29 TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS TWENTY-EIGHT: CLEANING, REPAIR R 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. It any additional costs are incurred on the part of the AGENTI OWNER to return the unit fo 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 8 REPAIR. If prior to moving the items below are not cleaned and left in satisfactory condition, the following charges are minimums amounts replacement. AGENT Page 6 of 14 TENANT the SECURITY DEPOSIT, the TENANT will be responsible for reimbursing AGENT for the deficiency. "PLEASE note: not alt 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 Furniture-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 addendum TENANT PRINTED NAME 20ta1a29 DA E 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 bebw, 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 TENANT SIGNATURE 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 addendr~^~° 201ata29 TENANT PRINTED NAMt TENANT SIGNATURE 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 !internal access is owned, operated and maintained by OWNER/AGENT. It is provided as a tool for your success and a venue for reasonable recreation only. Downloading, upbading 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 interneVnetwork 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 toilet! evidence from this system. USE OF THIS SYSTEM/NETWORK/INTERNETRCCESS 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 addendur TENANT PRINTED NAME THIRTY-0NE: OWNER ENTRY dINSPECTIONS -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 al 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 addend~~^~° 2olatazs TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS zotalaz9 TENANT SIGNATURE A WITNESS AGENT Page 7 or 14 TENANT T 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 OWNERIAGENT 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 the/ 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 TENANTS 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 transfer 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 conUact. 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 springfsummer 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 springlsummer 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, 8 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, empbyees, 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 5500,000.00 each occurrence and 55,000.00 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 TENANTS personal possessions. Such insurance policy must name AGENT & OWNER as an "additional loss payee and additionally insured" on issued Certificate of Insurance. TENANT acknowledges readinglunderstanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendw^~ TENANT PRINTED NAME TENANT SIGNATURE 2010.70.29 DATE WITNESS 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-0NE: 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: MCAlBCA/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. It 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. AGENT Page 8 of 14 TENANT FOURTY-FOUR: SUBORDINATION, ATTORNMENT, ESTOPPEL CERTIFICATES. inconsideration of the execution of this LEASE b}~ 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 buildiny 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 hereaker, on demand, in the form(s) prescribed by AGENT, execute any instruments, certificates, releases or other documents the! 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 ariomey 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, arty 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 attom 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 al! rights, obligations of TENANT to any third party by sole decision of AGENT. FORTYSIX: RESPECT OF ANO INTERACTION WITH OWNERIAGENT: Tenant understands and acknowledges that Owner/Agent is made avai their benefit. AGENT understands situations will arise during TENANTS term and requests that TENANT, TENANTS relatives or person representi TENANT discuss any situation with AGENT in a professional manner. Any unprofessional behavior (cursing, raising of voice and any other negativ attitude directed toward AGENTlOWNER) via a-mail, phone or in person will not be accepted. TENANT understands if such an occurrence become reality, AGENT has the option to request that the party which is acting in such a manner return when helshe is capable of discussing the matter at a professional manner. TENANT understands that AGENT does not relate to TENANT in such a way and AGENT requests TENANT treats AGEN' the same respect, If TENANT/TENANT's Family or person representing TENANT can not conduct themselves in a professional manner, TENANT requested to remove themselves from property and the LEASE shall be nullified by both AGENT and TEANANT. I understand the preceding and H by itS fe~i°~r 2010-10.29 TENANT PRINTED NAME TENANT SIGNATURE WITNESS FORTY-SEVEN: MISCELLANEOUS 1.Pets of ANY kind are strictly PROHIBITED in all Madison\Creekside\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 eiectricity(as explained in item 5 on Page 2 of this Lease), and Amenities such as cable TV and Internet access in the Madison\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 candles, incense or other similar items on or about the premises. S.TENANT shall follow all rules and policies concerning traffic and parking as instructed so by AGENT. g. Summer Storage is offered to renewing or new TENANTS only. FOURTY-EIGHT: ENTIRE LEASE AND ADDENDUM9:he folbwing ariached 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 withSectfon SIXTEEN: RULES 8 REGULATIONS, above. • Lease Application •Motd Irtformatfon and Prevention • Package Release • Safety Policy • Lease Amendment Form •Walk-through Assessment Addendum ' Door codelMailbox Code Release Form • Parking Permit Form !N WETNESS 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 turther acknowledges and agrees that this LEASE, when frlled out and signed, is a binding legal obligation. 2010.10.29 TENANT PRINTED NAME TENANT SIGNATURE WITNESS M"'k Amer zolo-lone AGENT PRINTED NAME AGENT SIGNATURE f N S for with ill be I abide AGENT Page 9 of 14 TENANT 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. Atl 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, cbthing 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 Gean -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 visibb 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 file surfaces has dissipated; and (3) hang up your towels and bath mats so they will comppletely dry out. c)Promptly notify us m 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 bebw 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. Prolonngged moisture can resuh 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 condensat~n lines; c)Leaks from plumbing lines or fixtures, and leaks into walls from bad or missing groutinglcaulking 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, carpel 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 federel Environnrental Protection Agency (EPA) recommends that you first clean the areas with soap (or detergent) and wafer, let the surface dry, and then within 24 hours apply apre-mixed, spray on type household biocide, such as Lysol Disinfectanl® (original pine- scented), Tilex Mildew Removerml or Clorox CleanupQsl. (Note: Only a few of the common household Geaners will actually kill mold). Tilex®and Clorox® contain bleach which can discobr or slain. 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 ahigh-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 devebp 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 fall to comply with this Fa(HIBIT, you could bs 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 1 hereby give permission to MCAlBCAlCCA, its AGENT, AGENTS representatives, managing agents, and employees to accept packages on my behalf. I 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. AGENT 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 wilt 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 /AGENTS 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 fake with respect to salety issues, it is absolutely imperative that you realize that there is nothing we can do to prevent crime Irom occurring. Unfortunately, crime appears to be a fact of file when living in a major U.S. city. There is no guarantee that any effort by either the Owner or the Owners managing agent will in any way increase any TENANT'S personal safety or fhe salety of a TENANTS family or guests o/their respective belongings. We cannot assume responsibility for the criminal action of third parties. We are not trained police ollrcers and in fact, have no greater legal right to stop criminals or enforoe taws 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 salety and the safety of all guests. You should contact the local law enforcement agency directly it 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 properly. At the commencement of your LEASE, your Apartment is equipped with: (1) awindow 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 skding door handle latch or a sliding door safety baron 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, we cannot eliminate alt 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 inwell-lit areas. Once again, please appreciate that light fixtures can be damaged or malfunction; d)Sugpsstions regarding safety issues. We are relying on you to be as Cautious as possible with respect to yourproperty 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 oirce or any guest service for this can only delay the response Gme 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 the community. c.Cantact 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 gonemomentarily or when you are in your apartment. e.Always lock your car door whenever it is left unattended in the parking lot. f.if you have occasion to walk around the Community at night, try to remain 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 fhe event that the management becomes aware of criminalincidents, 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. It you have any questions regarding Owner's/ AGENTS safety policy or would like to inquire about any items discussed in this Acknowledgement, please contact the management office. AGENT Page t1 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 itlthem to be in good working order. b)Repair. TENANT agrees that it is TENANTS 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}Msintenanw. 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)Reptaeamsnt. 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)Disciaimer. 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 warcanry of any nature regarding said smoke detector(s) and expressly disclaims all warranties of fitness for a particular purpose, or habilabiliry, or any and all oiher expressed or implied warcanties, except as expressly provided in statute, AGENT shall not be liable for damages or bsses to person or property caused by (1) TENANTS failure to regularly test the smoke detector(s); (2) TENANT'S failure to notify AGENT of any problem, detect, malfunction, or failure of the smoke detector(s); (3) theft of the smoke detector(s). There are no warcanties, which extend beyond the description on the face hereof. AGENT Page 12 of 14 TENANT DOOR CODE/MAILBOX COMBINATION RELEASE FORM TENANT NAME Property: Building Address: Apartment: Bedroom: MCAlBCA/CCA 101BRK7RM1 Locks: All of the necessary tick for TENANT's Unit and individual room are provided by AGENT. No locks or locking mechanisms curcently may be changed by TENANT. Furthermore, additional locks or ticking mechanisms of any kind including but not limited to deadbolts 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 1 request a change of my lock code I agree to pay the additional $40.00 code change charge per incident. Al 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. TENANT PRINTED NAME TENANT SIGNATURE zalalazg OAT WITNESS AGENT Paga 13 of 14 TENANT PARKING PERMIT FORM TENANT NAME Property: MCAlBCA/CCA Building Address: Apartment: 1018RK7RM1 Bedroom: Vehirla_ Information: ~ 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 atl valuables from the vehicle when parking. If any vehicle is parked in anon-designated partcing 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 bock 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: TENANT PRINTED NAME 20t0-10.29 DATE TENANT SIGNATURE AGENT Page 14 of 14 TENANT EXHIBIT "B" Tenant's Name: ~ Tenants Aadres~ ~ ~ ~ ~rnnka~ r) t ~~~nu~ ~q~. ~ ~ n / n>u ~?:l ~yrU : ~~ r7~~ 7 ~ ~ ~a ~- A ra,~l ~rrti;~ Forwaroing Address ~}a,~r Isbv r9 ~ h~ l1/l~ ~L, y I understand that through signing this document I have agreed to completely vacate the above p the above date. Furthermore, I will not reenter the unit for any reason whatsoever until it deemec based o~r~ rengwed lease{~01't-ZA'~2, or summed rental) agreement. qty violation of this afire be considered trespassing on private property. ~perty on allowable meat will ..,.~ .~.. ~ ter.--. __.. . r.. - ; y ., ..- ~ ,,. ;,._ .~_ VERIFICATION I, Judy Hjelm, attorney in fact for Megan Hjelm, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact, or denials of fact, in the foregoing Complaint against are true and correct based upon my personal know information or belief; or, in the alternative, are based upon information provided to me by my principal, Megan Hjelm. Date: 8/24/2012 J Hjel POA CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, by United States Mail, pre-paid, as follows: Salzmann Hughes, P.C. Attn: Nancy H. Meyers, Esquire 79 St. Paul Drive Chambersburg, PA 17201 Date: 8/24/2012 Bart W. Hol es, E uire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MEGAN K. HJELM, • No.: 12-3041 Plaintiff • • CIVIL ACTION - LAW v. • CAPITAL ASSET PROPERTY • ARBITRATION MATTER r C, MANAGEMENT, • ` { Defendant • cam, E- PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew T. Kravitz, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $5,186.50. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Nancy H. Meyers, Esquire Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ! BY: A rew T. Kravitz, Esquire . . No. 80142 2595 Interstate Drive Harrisburg, 17110 (5.2$, a/1/j (717) 909-2500 0 / e 0-4,2975-f7 CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire, LLC, certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, via First Class United States Mail, at: Salzmann Hughes, P.C. Attn: Nancy H. Meyers, Esquire 79 St. Paul Drive Chambersburg, PA 17201 Date: 10/21 I i Vln 5" unni Elmore c ' ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MEGAN K. HJELM, No.: 12-3041 Plaintiff • • CIVIL ACTION - LAW v. • • • CAPITAL ASSET PROPERTY • ARBITRATION MATTER MANAGEMENT, Defendant • AND NOW, this 7 day of)avgdoV, 2013 , in consideration of the foregoing etition, p q•> /�c , Esq., and`rl�ti1,��l6d'/1 , Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, J. j ,1 c ., / • illc°je 4;es fvta.(YU /1/0/'3 �C, 1 �jelm Cq %oil-u! %SSef P /O,/ Pf /l 4n.?4q?poent / Y (Defendant Plaintiff We do solemnly swear (or affirm) that we will suppo and Constitution of this Commonwealth and C, Name ('Chairman) L44, or-€(te ©- Kr, Law Fifm 4 7y 4 if 'ie4- St Address 4?; 4/( Cad(s1 -e City, PA- / 7o/3 Zip In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1.2 - 3� Civil Action — Law. efend the Constitution of the United States scharge the duties of our office with fidelity. eta Name La ck. 72 iM . getA44, Law Firm /700 ,,f-C�el Wud., itto Address P4 )76b Zip City, Si Name Law Firm \l7 10.3 Address °)1.1 i4 ?(MgV5 .. ?+4- 1 9-dOf City, Zip MC1 » gC Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) k/..e fi wd 1 n hVar c P%ir r 111-4 a" rl a 9 u.,. s 4- 10- e-4,1 aide.►- 1 A k( ;' v'►, -l- o f -1C6Ot ©©, Date of Hearing: Date of Award: r. l 14 , .101/ 0-% .Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of ward �} Now, the /L, day of a , 20 JY , at ; .' 3 : aO , ! .M., the above award was entered upon the docket an notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 41/6 SV 14 VIZ L Prothonotary F!LED-OFFICE, oF THE PROTHONOTARY 2014 APR 16 PH 3: 20 CUMBERLAND COUNTY PENNSYLVANIA Ahdreo iv /1-/II‘yen: 4ikey jta. /./%4