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Home My WebLink About12-4936COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. / f J o t-- NOTICE OF APPEAL 4Iled ht. Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT , MAG. NO. 1? S ?' ro I' I ?0 5 0q-1 NAME OF D.J. -01 Icharler Cleolfn t Tr SS PEL CnY U ?ih - SATE Za' CODE G DATE O JUDGME 7 '7 1 W THE CASE OF (P1?inf%r) t i `? i L ? el - K r - DOCKET No. M :S-Cq i LT00000 ? SIGNATURE OF APPELLANT OR A ORNEY O AGE ?(ptM ?S R 1 5 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 001(6) in action R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SO-ft- of Pmthonotary - DW* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be send upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of app*SWs) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To , appellee(s) Name of appeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Signat" of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE f5 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 ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail. sender's receipt attached hereto, and upon the appellee, (name) o? .20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was made Title of official My commission expires on < welz = P t r: .,.,,t vs 4,n 2!f 20,, .._.__ _ Signature cf attrant COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No. MDJ-09-1-01 MDJ Namec Honorable Charles A. Clement Jr. Address: 92Q Linda Lane Camp Hill, PA 17011 (Telephone: , 717-737.3434 MSJ Properties V. j Ervin Amy Cprey? IS a v?, !b ;1- Co Dreke ( /vgw C4.1 L4. bel [aC4d 17070 MSJ Properties Docket No: MJ-09101-LT-0000083-2012 PO Box 324 Case Filed: 7/20/2012 Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-091 01 -LT-0000083-2012 Plaintiff Defendant Disposition Disposition Date MSJ Properties Ervin & Amy Carey Judgment for Defendant 07/27/2012 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ? ,un Nr n 7/27/2012 ?V •w Date Magisterial District Judge Charles A. Clement Jr.s? certify that this is a true an correct copy of the record o the proosedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 1 of 2 Printed: 07/2712012 10:37:33AM .~ `n ~ fTI ~ .~• • .-. D ~ , ., .a„ ~' '. ,. ven~.fled Fee' r-~ ~ Return Receipt Fee '" ~ Poslmark C7 (Endorsement Required) i Here ~ ~-- Restricted Delivery Fee ~ (Endorsement Required) ~ - rl Total Postage Kf=ee , ~ ~ .. ~. O Sent To t -{_-" ~ ~t~t~c:! ,1514.~1~ ~ L,~ILS CI~fMCcy~ ~Jr ~ Street, Apt. No.: ~ ~~ ~-`, or PO Box No. L ~ N ~ ~ /_ ~ `~~ ~ ~' a r ~ ~ ~ i ~ ~ _ ~ ~._ ~,_.__T___--.. -- - ~-~~ m Postage s~ __ _' r-~ .---___._._____ ... ~editied Fee r~ ~ Return Receipt Fee ~ ~ Folamark O (Endorsement Required) Nlere Restricted Delivery Fee ~ (Endorsement Required) rl Total Postage & Fees ~ - O .~~ Se t To , ~ --- ~ ~rl/;,~ ~ ~ --- - r 0 Street, Apt, No.; ---- ---~--- ----°--°----+-----° or PO Box No. ~Q c.t~ Gu-~ ~ ~~ ~t4- r~70 7~ PR(iOF tZF SERVICE OF KaTICE OF APPEAL AND RULE TO FILE CO~tPitA/NT (This proof of service MUST BE FILED WlTHJN TEN (TO) DAYS AFTER frting of the notice of appeal. Check applicable COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~,i ~ ~~ ~~~~_- ; ss AFFIDAVIT: I hereby (swear) {affirm) that I served a copy of the Notice of Appeal, Common Pleas /a-~/9 ~On the District Justice designated there on (date of service) _ )~ _, 20 J~_, ^ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ~ ~ ttigl ~ ~t/~° ~ , on ~~. f JQ , 20 1~ ^ by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) ANDS BSCRI ED BEFORE ME THIS "1~ DRY OF r/ u. , 20 / ~ . Signature of official before hom a / avit was made ~~~'f ~~o~~o k~~~ Tttle of ofFrcrat 0 My commission expires on ~ rs~~, 20_ ~ / , f/t ~ ! S~ Sv3 ,2.~ 5 '~9~ t!) 1"" ~' C3 r~.' ~ ._,r h~ ate rV A C GJ ar Z l~ .~" W of afhant f'i ... P„I C ~; t"a"i :U ~j' Qt't"7 's'1 C'"3 COMMONWEALTH OF PENNSYLVANIA ___. __.__~._._. _. __ .w, COURT OF COMMON PLEAS Judicial District, County Of C, ~, vr~ b~~ ~- I a vt ~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APREAL °° Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT r~nca. ~ nv. ~ rvntitt yr u.~. , ,~,.. 6 =, SSq~,PPPE ~ y,tl, CITY S A?E - Z GCiDE_ 8 ~ ,.w" ~ ~`c.,. ii a % ,...a 4. ~ .P DATE JUDGME IN THE E OF (•P'l"si~nt~ilf)~~,",,`~++,~ ~ w,,, ( )' ~.~ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Signrrtre d A'oMonobry a aP+MY - ~.,~ . , - ~~~ NOTICE OF APPEAL FROM ~~ tf appellant was Claimant (see Pa. R. before a District Justice, A COMP1Jt1NT MUST BE FILED. within. twenty (20) days after fili--9 the NOTICE of APPFJtt~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fom- to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 10Q1(7) in action before District Justice. IF NOT USED, detach from ropy of notice of appd~l to be serveei uponappetlee. PRAECIPE: To Prothonotary Enter rule upon Name of appe~ee{s) appeltee(s), to fits a cx~mplaint in this appeal (Common Pleas No. )within twenty. (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or atiamey or agent RULE: To , appellees) Nams of appeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty !?.0) days.after the date of sewice of this rule upon you by personal service or by certiRed or r~stere<l mail. .,. ..., , (2) If you do not file a complaint within this time, a JUDGfu~NT OF NON PROS INAY BE ENTF~~I~1~`f,R'`C~tike,,.,~, ,- ., _ r, (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Sigrid otPmd+o»otary a +h' YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGM€NTIfRANSCI!!T FORI~t WITk! THIS NOTE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FlLEO WITH PROTHONOTARY GREEN -COURT FILE YELLOW - APPEkLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT ItJSTICE ~:am-tit €} ~' 11 1 L:\PD\COM\Mar lis.James & Shirley - complaint (Ervin & Amy Carey).wpd GERALD J. SHEKLETSKI, ESQ ATTORNEY ID NO. 40486 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFFS :' 1 f r, 23 Am, ,- ?}R Ui iik..{C.?ii 1 EINI YLVt'-, Iti SRIRLEY G. MARDIS and JAMES T. MARDIS, : IN THE COURT OF COMMON doing business as MSJ PROPERTIES, : PLEAS CUMBERLAND Plaintiffs : COUNTY, PENNSYLVANIA VS. NO. 2012-04936 ERVIN CAREY and AMY CAREY, Defendants CIVIL ACTION LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do ?.o the case may proceed without you and a judgment may be entered against you by the Court wit; tout further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 GERALD J. SHEKLETSKI, ESQ ATTORNEY ID NO. 40486 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFFS SHIRLEY G. MARDIS and JAMES T. MARDIS, : IN THE COURT OF COMMON doing business as MSJ PROPERTIES, : PLEAS CUMBERLAND Plaintiffs : COUNTY, PENNSYLVANIA VS. NO. 2012-04936 EIRVIN CAREY and AMY CAREY, Defendants CIVIL ACTION LAW COMPLAINT The Plaintiffs, Shirley G. Mardis and James T. Mardis, doing business as MSJ Properties; are adult individuals residing at 1010 Chippenham Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants, Ervin Carey and Amy Carey, husband and wife, are adult individuals residing at 1026 Drexel Hills Blvd., New Cumberland, Pennsylvania 17070. 3. The Plaintiffs and Defendants entered into a Lease Agreement on March 30, 2011, for premises located at 1026 Drexel Hills Blvd., New Cumberland, Pennsylvania 17070. A copy of the Lease Agreement is attached herein as Exhibit "A" and incorporated by reference herein. 4. The Defendants have defaulted under the lease as follows: a. failure to pay rent due July 1, 2012, in the amount of ONE THOUSAND TWO HUNDRED SEVENTY and NO/100 ($1,270.00) Dollars; b. failure to obtain a service contract for the furnace and air conditioner for the duration of the lease and provide a copy to Plaintiffs as required in paragraph 13 of Lease .Agreement; C. failure to provide a copy of a certificate of insurance as required in paragraph 24 of the Lease Agreement; and d. failure to maintain the residence in clean and sanitary condition. More specifically, the tenant has not kept the master bathroom in a clean and sanitary condition. WHEREFORE, Plaintiffs request judgment against Defendants in the amount of $1,270.00, together with costs of suit and such other relief as this Court deems just and appropriate. STONE LaFAVER & SHEKLETSKI Gerald J. kletski, Esquire / Supreme Court ID # 40486 Date: 91?3h 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiffs VERIFICATION S14IRLEY G. MARDIS and JAMES T. MARDIS, doing business as MSJ PROPERTIES, states that they are the Plaintiffs named in the foregoing instrument and that they are acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of their knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date:_ 6 a? O 1 SHIRLEY G. MARDIS RESIDENTIAL OCCUPANCY AGGREEMENT This agreement constitutes the entire agreement between MSJ Properties, the owner and F!' v c •'t C-GC (C V Q' vVt ?t?G ?G the resident whereby, in consideraft of the resident's timely payment of rent and faithful performance of the fol 'ng agreements, the owner agrees to rent to the resident the premises described Milt, a9+2Wft-twomilit, 204 WON and the resident agrees to rent said p"ises on a month to month basis for not Wpo than 12 months under the fbltbwing cord' A 1 RENT joo)t A)eW CA-?-Pn6e--, The rent N be i l t t/ a& per month payable in advance and due on the first day of each month. In the event p i7 ?0-7 orxns on other than the first day of a month, the second month's rent shall be prorated to the first of the following month; r all rents shall be due on the first of the month. Rents are payable to: MW Properties 0 O BOX 324 Mechanicsburg, PA 17056 2. RENT NT Rents shat be oorhsidered late on the first day after the due date. As an inducement to the resident to pay rent on time, if paid on or the due date, the resident may deduct a discount in the amount of $100.00 directly from the rent remittance. If payment 19by dock addition, SCUD DISCOUNT said is not honcoad the first time presented for SHALL BE D Y8 RESIDENT IF EaIS?IN BRto the bank, the EACH OF ANY OF THE AGREEMENTS HEREIN CONTAINED. 3. As a co?ED CHECK As a hence to the resident the owner is willing to accept personal cheeks in payment of any obligation hereunder. However, io the event any check tendered to the owner is dishonored by the bank, then all future rent payments are to be made in cash, certified check or money order. In addition, there will be a service charge of _$20.00 for each dishonored check. 4. RIGHT TOINOTICE Resident heretry waives the right to notice as per PA Tenant Landlord Act. 5. SECU DEPOSITS Prior to occupancy. the resident shalt deposit with the owner the sum of $ ? to secure faithful performance of this agreement which shall be refundable to the resident in accordance with the law when the premises have been vacated and left in sabstacftry condition with no apparent damage and am WR dean and nest with all trash and furniture removed provided the resident is hot in breach of any of the provisions hereof and has specifically complied with the following: a. Notice of intention to vacate the residence setting out the exact date the premises will be returned to the owner shall been delivered to the owner in writing at bad thirty days prior to beginning of month of said date; b. II obligations due hereunder have been paid in full; c. keys have been returned to the owner. d. Via resident has fully and specifically completed all move out requirements set forth in paragraph 13 of this Agreement. The hereby instructs the owner tQ charge to this security deposit expenses incurred for added cleanup, repairs, missing items or general damage or destrubion to the residence. The resident understands and agrees that the security deposit dots in no way ftk his liability. THE REST NT EXPRESSLY UNDERSTAND AND AGREES THAT THIS IS A SECURITY DEPOSIT AND MAY NOT UNDER Y CIRCUMSTANCE BE USED BY THE RESIDENT FOR RENT. The owner may at his election apply any unused portion of is security deposit to unpaid rent or other arrearages. Any refund due hereunder shall be mailed within thirty days to the forwarding address fumes to the owner by the resident. 6. USE OF E PREMISES premis is shad be used solely ?s a for -d-- adults, and children named: `A r'CA ordy. The resident undentands and agrees that should any person oxupy the promises in whatever capacity, without the owner's written consent that will constitute a breach of is agreement and the resident agrees to pay an additional charge of $75.00 per month for each other person so occupying from the conwriencement data of this Residential Occupancy Agreement. 7. APPLIAN , DISHWASHER„ GARBAGE DISPOSAL AN apple , including fiat not limited to stove, oven, microwave, refrigerator, dishwasher, garbage disposal, washer and dryer, if are provided for the convenience of the resident. They shall be in good working order at the start of the resident's occupancy, ' is understood and agreed that the resident shah be responsible for maintaining all such appliances in good working o during his occupancy and the resident shall return such appliances in good working order, normal wear and tear excepted, the termination of his occupancy. intl Page 1 of 4 B. TELEPHOINE The resident agrees at his own cost and expense to have a current telephone number connected while in possession of the subject promises and to maintain said telephone operational during the entire term of this agreement. The resident agrees keep the owner apprised of any change in telephone numbers. 9. UTILITIES The resident agrees to pay immediately upon receipt all utility charges including, but not limited to, gas, oil, electricity, garbage removal, v?ater, and telephone. If the owner pays any bid on behalf of the resident, the resident agrees to immediately reimburse the owner upon presentation of the bill. Elecbt: PPL: 800-342-5775 Water:, IN f1vhP.r?GGw W(x e 10. PET$ No pets s"N be allowed on the premises without the express written consent of the owner. Any unregistered pets at the premises r}hay be removed to the appropriate authority for disposition by owner. 11. STORAG4 No outs* storage shall be allowed on the premises without the express written consent of the owner, including toys, furniture, equipmerW, or vehicles (cars, tricks, boats, trailers, etc.). 12. ACCEPT NCE OF RESIDENCE The res agrees to notify the owner in wrifuhg within three (3) days of the possession date indicated herein of any damage or defect on the subject pretnisinduding the appNanoas and fumishhings therein. in the absence of any such written the resident agrees vrith the owner that the subject premises and grounds are dean and in good order and that the applian .and furnishings therein are in good repair. 13. Ma AINTENANCE gency-and then only to the extent necessary to protect the property and minimize damage-no repairs or made or caused to be made by the resident without first obtaining written permission from the owner. ThersateiNte dishes or antennae attached to the building. In addition, the resident shall not paint, wallpaper, pan eredecorate or make alterations or cause to have done any of the foregoing without first obtaining written perm e owner. The resident shall, at his own expense, at all tines maintain the residence inducting the apphsnce? and furnishings therein in a dean and sanitary condition and in good repair, in addition, the resident shall maintain and irrigate the surrounding grounds including lawn and shrubbery and keep said grounds free of debris, rubbish and weeds. The residelrht is responsible to obtain a service contract for the furnace and air conditioning for the duration of the lease and provide a Oopy thereof to owner. The resident fully understands and agrees that he is totally responsible for any and all damage caused by his neglect or by his family, friends, or invitees. The resident agrees to surrender the subject premises in good condition and good repair, clean, at the termination of this agreeme and does expressly instruct the owner to deduct forthwith from the security deposit held any additional expenses incurred a$ a result of noncompliance with the provisions of this agreement. At the time of surrender of the property by residerrt, resident shall perform the following ads: a. Carpets: AN carpets shall be professional cleaned, as evidenced by a paid invoice at move out b. Walls: AN holes are to be#atclhed. AN walls and ceilings shall be repainted shell white. c. Any modifications made by the resident to the property, agreed to or not by the owner, must be removed by the resident at the resident's expense in a manner approved and acceptable to the owner. in the event that resident does not comply with these requirements, the resident shall be liable to the owner for all such cogts incurred by the owner to complete the above referenced work. 14. RULES, ULATiONS AND STATUTES The t agrees to abide by all federal, state and local municipal ordinances and statutes relating to the property, its use and s obligations with respect thereto, and by reference all such statutes and ordinances are made a part hereof. If the residence a corndornm m. the resident agrees to comply with the condominium association rules and regulations currently in existence nd which may, from time to time, be promulgated, and they too, by reference, are made a part hereof. 15. ACCESS OR INSPECTION AND ENTRY 5:W for repels, maintenance or inspection or to show the property to others, the resident agrees to permit the When owner to the premises during reasorhable hours. The resident herby gives the owner permission to use his own key to enter u the premises if the resident is unavailable or uncooperative. 16. f of tacitinnt Intl Page 2 of 4 17. TERMINATION This agreement shall continue from month-to-month on the terms and conditions set forth herein until terminated by either party giving the other party written notice as to the date of termination at least thirty (30) days prior to the end of any monthly period. 18. BINDING EFFECT OF AGREEMENT This agreecment shall be binding upon the heirs, successors and assigns of the parties hereto. 19. BREACH. OR DEFAULT They res ert shall have breached this agreement it a. The resident fails to pay rent when due, or fails to perform or comply with any provision hereof and such failure continues three (3) days or whatever other minimum period may be required by applicable law following notice thereof from owner. b. The resident abandons the residence which the parties hereto agree shall include the residents failure to occupy the promises for a period of seven (7) days while the rent remains unpaid: c. The resident files a petition in bankruptcy for himWency or reorganization; or has involuntary proceedings of bankruptcy instituted under any bankruptcy act. 20. EFFECTIOF BREACH OR DEFAULT` In the event of breach or default of any provision of this agreement, the rights of the owner shall be: a. The owner shah have the right to cancel and terminate this agreement as well as any and all right title and interest of the resident in and to the premises. b. IN CASE OF ABANDONMENT, THE RESIDENT HEREBY AUTHORIZES THE OWNER TO TAKE IMMEDIATE POSSEESION OF THE RESIDENCE. Any property left on the premises may be considered abandoned and may be disposed of in any manner allowed by law. To the extent allowed by law, all property left on the premises is subject to a lien in favor of the owner for all sums due hereunder. 21. LAWS This ag;?ment shall be governed and construed in accordance with the taws of the state in which the premises are located. In the a rr#rrnrtt that any provision hereof is determined to be invalid that shag not serve to invalidate the remaining provisions which shed continue to be in full force and effect 22. LEGAL CTION AND ATTORNEY'S FEES Any tegaaction brougM by either party to enforce any provisions hefeof shag be brought in the stabs and city in which the subject are located. The owner shall be entitled to all costs incurred in connection therewith including attorneys fees actually iixcurred and liquidated damages. 23. LIABI OF OWNER Resident waives all chins against the owner for injury to persons or damage to goods or property on or about the premises from any ?cause whatever inducting the negligence of the owner. The resident shag indemnify the owner against any loss or damage I P property or persons arising from the failure of the resident to maintain the premises in good condition or arising from the use the premises by the resident The owner shag not be liable to the resident for any damage or loss caused by any act of neg of other occupants of the"ne building or neighboring or contiguous properties. The resident agrees to pay for any and 41 damages or loss to the premises inc ng buif WV or grounds, and including any loss or injury suffered by such other occupants caused by misuse of the premises or negligence of the resident, and his family, friends or invitees. 24. INSU E ' The is aware that the owner is not responsible for personal belongings of the resident named herein nor his guests or invitees resident agrees to obtain at his site cost and expense and to keep in force during the entire term of this agreerne0t, and extension thereof, a policy of fire insurance with extended coverage endorsement underwritten by an insuraneo company licensed to issue such insurance in this state, in an amount sufficient to cover the insurable value of his personal possessions located on the subject premises, and provide the owner a written certificate of insurance. 25. ENTIRE REEMEf The pa ' hereto agree that the provisions herein including the following addendums (if any) constitute the entire agreement between parties and thnt no warranties or representations except those contained herein have been made or implied. Both parties roe that for any modification of this agreement to be binding upon the parties, it must be in writing executed by the parties re to. The following addendums have been executed: '?)l? mtl Jaco I-- uttl Page 3 of 4 26. WAIVER No failurefof the owner to act upon or enforce any provision of this agreement shall be deemed a waiver, nor shall any acceptance of a partial„ payment Of any obligation hereunder prejudice the owners rights to any balance still owing nor affect any pending legal proceedings instituted to enforce any of the provisions hereof. 27. NOTICiE$ Any notice or requests which either party may wish or may be required to deliver to the other shall be sent by regular mail, postage prepaid, to, in the case of the resident, the address of the subject premises and, in the case of the owner, to the same address W which the rent is delivered as indicated in Provision No. 1, hereof. 28. FIRS, DEOTRUCTION OR CONDEMNATION Should premises be partially damaged by fire or otherwise, the owner shall, at his election, forthwith cause to have said damage ired. Provided the repairs can be made within 120 days under the laws and regulations of applicable govern ntal authorities, such partial damage or destruction shall nearer annul nor void this agreement Should the owner be unable to or should the owner elect not to make such repairs this agreement shall thereupon cease and the residert shall not be liable r any further rent payment provided the fire or destruction is not caused by the negligence or intentional acts of the resident, his guests or invitees. purchase the subject dwelling, the resident agrees to pay an additional $ per month to be added to and paid with the rent remittance If this optional provision is accepted by the resident, so long he is not in breach of any of the provisions hereof, the resideri? shall haw thirty (30) days from the date notified by owner t the property is to be sold to acquire the subject dwelling on the terms and conditions of any other offer to purchase atceptabie to the owner. Acx epted' Accepted Resident Resident 30. GENDER Where%* herein indicated the terms "Owner' and `Resident" shall include the plural as well as the singular and liability hereu" shall be joint and several whenever there is more than one owner or resident. When used the masculine gender shall include the feminine gender. Where there is more than one resident, the obligations hereunder are joint and several. 31. POSSFION DATE \\1 , This date of possession shall be the owner is unable to deliver possession our that date, the resident agrees th at the owner shall not be liable for any im or damage caused thereby, nor shall this agreement become void or voidable. ! The resident, however, shall not be liable for any rents until possession is delivered. At the residerWs sole d' this agreement may be terminated with a full refund of all deposits collected 9 possession is not delivered within five (5) days Of the original possession date as set out earlier in this paragraph, which is the resident's sole and exclusive remedy. Should tho premises be rendered untenantable or be totally destroyed by fire or otherwise or should any act of condemnation by any g mmentai authority tender any portion of the premises untenantable this agreement shall cease and the resident shall be I' ble for rent only up until the time of such destruction; provided the fire or destruction is not caused by the negligence or intentional acts of the resident, his guests or invitees. 29. FIRST HT OF REFUSAL - Single Family In aoation for the First Right of Refusal to 32. ALLOCATION OF MONIES COLLECTED RENT a. Rent for IPeriod from -111 to ? $1Qg5 b. First RigtMt of Refusal $ C. Last mor's rent $ d. Utilities( r,sewer,trash) $ e_ Other $ TOTAL $ 44-2D DEPOSITS f. Security/Damage q g• Pet t h. Application Fee (nonrefundable) $ 20.00 i. Other $ _T TOTAL $? aT Received To Be Paid Prior To Occupancy $ Q.00 $ 11 0 $ 9L OD The undersigned hreby acknowledge they have read all the provisions of this agreement, understand and agree to all such provisions and accept ft( s riorihereunder imposed jointly and severally. This ag is signed and entered into this aO?day of at tnr %ulr4.&,d.nZZ . Pennsylvania _ PET ADDENDUM In consideration of an additional security deposit in the amount of $ to be paid on or before th& effective date hereof, and the resident's promises contained herein, provision no. 9, "pets" of the Residential Occupancy Agredment between owner, and Cot +?" resident dated ?? fa deleted In its entirety and the following is substituted therefor: P$TS 9. The resident shall be permitted to keep the following domestic household pet(s) on or about the subject premises: Description Name Approximate size o Sm. Mod Lg. r ! Sm. Med La Atjy pets other than the foregoing registered pets found on or about the subject premises including the offspring of any registered pet older than ton (10) weeks will be deemed to be strays and may be removed by the owner to the appropriate aau thorny for disposition. Thle resident specifically understands and agrees: a. That he specifically warrants that the pet(s), if they are dogs, have not been attack-trained nor are they known to be considered vicious nor do they have a history of biting people or animals or causing property damage; b. That he is solely responsible for any and all damage or foss to the owner's property including, but not limited to, the premises, carpeting, draperies, wall coverings, furnishings and appliances, and landscaping including the lawn and shrubbery; c. That in a like manner, he is solely responsible for any and all damage or loss to persons or property of others caused by the resident's pet(s) and in this regard does hereby agree to hold the owner harmless for any such damage; d. fihat he will obtain at his own expense and keep in forcethroughout the term of this agreement a policy of liability insurance with limits no less than $100,00Q001ssued by an Insurance company licensed to do business in the state which policy shall cover loss or damage caused by his pet(s). in addition, the resident shall have the owner named as an additional Insured under said policy and shall have or cause to have a copy of said policy delivered to the owner within ten (10) days hereof, e. That all pets shall be cared for and maintained In a humane and lawful manner; f. That all pet waste shall be removed and disposed of promptly; 9. That all pet(s) shall be maintained so as not to cause annoyance or irritation to others; h. That this Pet Addendum islevoc able at the discretion of the owner. The owner and resident mutually agree that the aforementioned security deposit shall become part of the total security deposit being held by the Owner and shall be returnable in accordance with the proWslons of the Residential Occupancy Ag eorhont between the parties and toft addendum therstm The costs for any additional damage ordetsrkwation to the dwsiong or grounds or additional cleanup charges occosioned as a nm* of pets permitted hereby shall be'deducted from the total security deposit hold by owner. The resident spoeftally Onderstands and agrees that this added security deposit does in no way limit hhs llabilfty Agreed to this ? - t 1 day of At AN L :C OWNER RESIDENT , is`42?r-)l l 0 COPYRIGHT 1984 0 PERSONAL ACHIEVEMENT SYSTEMS 0 P.O. BOX 70427 0 RENO, NEVADA 89520