HomeMy WebLinkAbout12-6633ALEXANDRA E. GROTHE and
THEODORE J. GROTHE,
Co-Executors of the
Estate of HENRY J. GROTHE, II
Plaintiffs
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CARL HEININGER and
JENNIFER HEININGER, husband
and wife,
Defendants
IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION at LAW
2- 66 33 ~"'~ ~ ~,~
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NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA
717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
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accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
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IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
-p 3 r:, --r
:CIVIL ACTION at LAW z~ ~ ~~
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COMPLAINT
AND NOW, comes the Plaintiff, Estate of Henry J. Grothe, II, by and through the duly
ALEXANDRA E. GROTHE and
THEODORE J. GROTHE,
Co-Executors of the
Estate of HENRY J. GROTHE, II
Plaintiffs
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CARL HEININGER and
JENNIFER HEININGER, husband
and wife,
Defendants
appointed personal representatives, namely Alexandra Grothe and Theodore Grothe, by and
through their counsel, R. Mark Thomas, Esquire, and avers as follows:
BREACH OF CONTRACT
1. The Estate of Henry J. Grothe, II was established in the office of the Register of
Wills of Cumberland County, Pennsylvania on February 21, 2012 and is indexed at Case No. 21-
12-0223.
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2. Pursuant to the Last Will and Testament dated September 29, 2009, of Henry J.
Grothe, II, deceased„ Alexandra E. Grothe and Theodore J. Grothe were duly granted Letters
Testamentary and are Co-Executors of the Estate of Henry J. Grothe II, (hereinafter referred to
simply as "Estate").
3. The address of the Estate of Henry J. Grothe, II, published according to the law, is
Alexandra E. Grothe, 2246 Pileggi Road, Warrington, PA, 18976.
4. The last known address for Defendants, Carl Heininger and Jennifer Heininger,
husband and wife, is 2103 Coventry Lane, Enola, PA 17025. Although their current residence is
unknown, it is believed and therefore averred that Carl Heininger is the owner and operator of
Premier Fitness, Inc., at 401 S. Front Street, Wormleysburg, PA 17043.
5. Henry J. Grothe, II, deceased, died seised of the real property known and
numbered as 2103 Coventry Lane, Enola, Cumberland County, Pennsylvania, wherein
Defendants resided until June 30, 2012, pursuant to the terms of a written lease, the enforcement
of which is the responsibility of the Estate.
6. On February 1, 2011 the defendants entered into a residential lease agreement
with Henry J. Grothe, II, deceased, for the leasehold premises known and numbered as 2103
Coventry Lane, Enola, Pennsylvania. (Attached hereto and incorporated herein as Plaintiff's
Exhibit "A", is a copy of the Lease Agreement signed on February 1, 2011).
7. Defendants took possession of the leasehold premises at the time of the execution
of the Lease Agreement, and continued to reside there until on or about July 5, 2012.
8. Since taking possession of the premises in February 2011, the defendants have
breached the written lease in that the defendants have failed to pay rent from June 1, 2011 up
through and including the month of July 2012.
9. The monthly rental under the terms of the lease is $1,800.00 per month.
10. The defendants owe Plaintiffs back rent in the amount of $25,200.00 for the
period beginning June 1, 2011, through July 30, 2012.
11. Pursuant to the terms of the Lease attached hereto, there is a 10% late penalty for
each month in which rent was not received within five days of the 1St of the month.
12. The Defendants accumulation of late fees as of the date of the filing of this
Complaint is $2,520.00.
13. Pursuant to the terms of the written lease, the Defendants were to be solely
responsible for payment of the sewer bill.
14. During the tenancy of the Defendants, the total sewer bill is $2,449.44, which
remains unpaid despite repeated requests from Plaintiff. This unpaid sewer bill, plus interest is
$2,617.61, if paid by October 31, 2012. (A copy of the unpaid sewer bill is attached hereto as
Plaintiff s Exhibit "B").
15. Defendants were given lawful Notice to Quit for failure to pay delinquent rent on
March 21, 2012, said Notice having been securely attached to the main entrance into the
leasehold premises. (A copy of which is attached hereto as Plaintiff's Exhibit "C").
16. In response to the Notice to Quit, the Defendants advised Plaintiff that they would
vacate the premises by June 30, 2012.
17. Defendants surrendered the premises on or about July 5, 2012.
18. Total damages for unpaid rent, penalties, and financial obligations pursuant to the
terms of the lease are $30,337.61, not including reasonable attorney fees.
19. The lease provides for payment of attorney's fees for the successful party in the
event of litigation arising out of this written lease.
WHEREFORE, Plaintiff prays for judgment against the Defendants in the amount of
$30,337.61 plus costs, attorney's fees and interest as the law may allow.
Respectfully submitted,
%~~ti
R. Mazk Thomas, Esquire
ID# 41301
101 S. Mazket Street
Mechanicsburg, PA 17055
(717) 796-2100
VERIFICATION
I verify that the statements made in the foregoing document aze true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. §4904, relating to unsworn fals}fication to
Date: f~ l ~`Z.
RA E.
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Pennsylvania Residential Leasc Acareernent
2103 E CoventrSf ! arse
Enola, PA 17025
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered
into this 1st day of February, 201 1, by and between Henn J. Grothe (hereinafter referred to as
"Landlord") and _Carl E and Jennifer Heininger (hereinafter referred to as "Tenant"}.
WITNESSETH:
WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in
Cumberland County, Pennsylvania, such real property having a street address of _2103 E Coventry Lane,
Enola, PA 17025 (hereinafter referred to as the "Premises").
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as
contained herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as
contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agtee as follows:
1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above
._ .
described Premises together with any and all appurtenances thereto, for a term of 1
near, such term beginning on 02!01/11 and ending at 11:59 PM on 01/31/12 .
2. RENT. The total rent for the term hereof is the sum of 1 800.00 payable on the 1st day
of each month of the term, in equal installments of 1 800.00, first installment to be
paid upon the due execution of this Agreement, the second installment to be paid on
03/01/11. All such payments sha{1 be made to Landlord at Landlord's address as set
forth in the preamble to this Agreement on or before the due date and without demand.
3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit
with Landlord the sum of 1 800.00, receipt of which is hereby acknowledged by
Landlord, as security for any damage caused to the Premises during the term hereof.
Interest on Security Deposit. 1n accordance with Pennsylvania law, and subject to the
exception set forth in this Paragraph, such deposit shall be returned to Tenant, without
interest, and less any set off for damages to the Premises upon the termination of this
Agreement. Landlord will only pay interest to Tenant if both of the following two (2)
conditions are met: (i) Landlord requires a security deposit in excess of $100, and (ii) the
Tenant has rented from Landlord for twenty-four (24) months. If both conditions are met,
then starting on the twenty-fifth (25) month of Tenant's Lease, Landlord will pay Tenant
interest on Tenant's security deposit, less a 1 % administrative fee, to be paid annually
on the date of Tenant's Lease.
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Tieing of Return of Security Deposit. lNithin thirty (3Q) days after the termination of
Mer~ant's Lease, or Tenant's surrender of possession of the Premises, v~~hiche~~er first
o~~urs, Landlord will return Tenant's security deposit and any unpaid interest, less any
allowed deductions. If any part of Tenant's security deposit is withheld, Landlord will
notify Tenant in writing at the new address Tenant provides of any damages to the
Premises for which Landlord claims Tenant is liable.
4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and
Tenant's immediate family, consisting of 2 adults and 2 children, exclusive{y, as a private
single family dwelling, and no part of the Premises shall be used at any time during the
term of this Agreement by Tenant for the purpose of carrying on any business,
profession, or trade of any kind, or for any purpose other than as a private single family
dwelling. Tenant shall not allow any other person, other than Tenant's immediate family
or transient relatives and friends who are guests of Tenant, to use or occupy the
Premises without first obtaining Landlord's written consent to such use. Tenant shall
comply with any and all laws, ordinances, rules and orders of any and all governmental
orquasi-governmental authorities affecting the cleanliness, use, occupancy and
preservation of the Premises.
5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant
has examined the Premises, and that they are at the time of this Lease in good order,
repair, .and in a safe, clean and tenantable condition.
6 AS ENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let
o~~+g~ant ally license to-use the Premises or any part thereof without the prior written
consent of Landlord. A consent by Landlord to one such assignment, sub-letting or
iici'nse-st~taii not be deemed to be a consent to any subsequent assignment, sub-letting
or {icense. An assignment, sub-letting or license without the prior written consent of
Landlord or an assignment or sub-letting by operation of law shall be absolutely null and
void and shall, at Landlord's option, terminate this Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
buildingsbr improvements on the Premises or construct any building or make any other
improvements on the Premises without the prior written consent of Landlord. Any and all
alterations, changes, and/or improvements built, constructed or placed on the Premises
by Tenant shall, unless otherwise provided by written agreement between Landlord and
Tenant, be and become the property of Landlord and remain on the Premises at the
expiration or earlier termination of this Agreement.
8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of
the Premises to Tenant upon the commencement of the Lease term, through no fault of
Landlord or its agents, then Landlord or its agents shall have no liability, but the rental
herein .provided shalt abate until possession is given. Landlord or its agents shall have
thirty (30) days in which to give possession, and if possession is tendered within such
time, Tenant agrees to accept the demised Premises and pay the rental herein provided
from that date. In the event possession cannot be delivered within such time, through no
fault of Landlord or its agents, then this Agreement and al{ rights hereunder shall
terminate.
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~. HAZARDOUS NaQ.TEPi~.! S. Ten?^ shall not keep on the~a~~al
d:~ngerous, flamr~abic ar expiose,-~ %l~aracter that might u
danger of fire or explosion on the 1'r~~mises or that might oe ~
extra hazardous by any responsiblA ir;surance company.
10. iJTILITIES. Tenant shall be responsible for arranging for ar~,paf~r~ir
services required on the Premises.
11, MAINTENANCE AND REPAiR; RUES. Tenant will, at itssoliel~aed
maintain the Premises and appurtenances in good and sanit~jiartad~r
during the term of this Agreement and any renewal thereof. IVl~ot,t
generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry way~srl~ a~ul~~
shall be used for the purposes of ingress and egress oni~
(b) Keep all windows, glass, window coverings, doors, locks~lira~tr ae~e~,,das
order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during a~ytwe~t
(e) Not hang any laundry,-clothing; sheets, etc. from any wiaiax,r~_ "~ ~ ~ `
nor air or dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upos~ardoar~r~~~t
the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and P~~~
order and repair and shall use same only for the purpostcll<+!iei-~e
constructed. Tenant shall. not allow any sweepings, rubllii~~~
substances to be thrown or deposited therein. Any dam~gcilb
the cost of clearing stopped plumbing resulting from misaae~sl~tel~s>yr~
(i j And Tenant's family and guests shall at all times mainta~~deria irA
all places on the Premises, and shall not make or permit a~liasd~rii~ii~s,,
or otherwise disturb other residents;
(j) Deposit all trash, garbage, rubbish or refuse in the locatios~#
shall not allow any trash, garbage, rubbish or refuse to bt+i~as~mi~e
stand on the exterior of any building or within the comn~
(1) Abide by and be bound by any and all rules and regulatio~>~
the common area appurtenant thereto which may be ado~r
Condominium or Homeowners' Association having cont+~~art~.
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12. DAMAGE TO PREMISES. In the event the Premises are destroyed or renaereu wholly
uninhabitable by fire, storm, earthquake, or other casualty not caused by -:: ;~e~igrnce
of Tenant, this Agreement shat! terminate from such time except for the purpose of
enforcing rights that may have then accrued hereunder. The rental provided for herein
shall then be accounted for by and between Landlord and Tenant up to the time of such
injury or destruction of the Premises, Tenant paying rentals up to such date and
Landlord refunding rentals collected beyond such date. Should a portion of the
Premises thereby be rendered uninhabitable, the Landlord shall have the option of either
repairing such injured or damaged portion or terminating this Lease. In the event that
Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in
the proportion that the injured parts bears to the whole Premises, and such part so
injured shall be restored by Landlord as speedily as practicable, after which the full rent
shall recommence and the Agreement continue according to its terms.
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13. INSPECTION OF PREMISES. Landlord and Landlord's agents shalt have the right at all
reasonable times during the term of this Agreement and any renews{ thereof to enter the
Premises for the purpose of inspecting the Premises and all buildings and improvements
thereon. And for the purposes of making any repairs, additions or alterations as may be
deemed appropriate by Landlord for the preservation of the Premises or the building.
Landlord and its agents shall further have the right to exhibit the Premises and to display
the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-
five (45) days before the expiration of this Lease. The right of entry shall likewise exist
for the purpose of removing placards, signs, fixtures, alterations or additions, that do not
conform to this Agreement or to any restrictions, rules or regulations affecting the
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Premises. _ __ ~, ~ _;.
j~„~~..,,~~ - 14. SUBORDINATION OE LEASE. This Agreement and Tenant's interest hereunder are ~-
and shall be subordinate, junior and inferior to any and all mortgages, liens or
encumbrances now or hereafter placed on the Premises by Landlord, all advances made
under any such mortgages, liens or encumbrances (including, but not limsted to, future
advances), the interest payable on such mortgages, liens or encumbrances and any and
all renewals, extensions or modifications of such mortgages, liens or encumbrances.
15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the
consent of Landlord after the natural expiration of this Agreement, a new tenancy from
month-to-month shall be created between Landlord and Tenant which shall be subject to
all of the terms and conditions hereof except that rent shall then be due and owing at
$1,800.00 per month and except that such tenancy shall be terminable upon thirty (30)
days written notice served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall
surrender the Premises in as good a state and condition as they were at the
commencement of this Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
17. ANIMALS. Tenant shall be entitled to keep no more than One domestic dogs, cats or
birds; however, at such time as Tenant shat! actually keep any such animal on the
Premises, Tenant shall pay to Landlord a pet deposit of $300.00 of which all shall be
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refundable after an inspection of the premises an or abort 06/01/11 if there has been no
danz~c=.
8. QUIET ENJOYMENT. Tenant, upon payment of ail of the sums refierred to herein as
being payable by Tenant and Tenant's performance of all Tenant's agreements
contained herein and Tenant's observance of all rules and regulations, shall and may
peacefully and quietly have, hold and enjoy said Premises for the term hereof.
19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the
Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering
the Premises or the building of which the Premises are a part or to goods or equipment,
or in the structure or equipment of the structure of which the Premises are a part, and
Tenant hereby agrees to indemnify, defend and hold .Landlord harmless from any and all
claims ar assertions of every kind and nature.
20. DEFAULT. If Landlord determines that the Tenant is in default of this Agreement, as
authorized under 68 P.S. §250.501, Landlord may terminate Tenant's right to use and to
occupy the Premises by providing Tenant with at least one (1}day written Notice to Quit.
Landlord may provide such notice by serving it personalty on Tenant, or by leaving the
same at the principal building on the Premises, or by posting the same conspicuously on
the leased Premises. In addition, all unpaid rents payable during the remainder of this
Agreemen# or any renewal period shall be accelerated without notice or demand. Tenant
shall rerriain-~ultp iiable to the Landlord for (a) any lost rent and any other financial
obligation under this Agreement; (b} Landlord's cost of reletting the Premises including
but-nott'!y"°Teaeing fees, utility charges, and any other fees necessary to refet the
Premises; (c) repairs to the Premises for Tenant's use that are beyond normal wear and
tear; (d~ t~llord's costs associated with evicting Tenant, including but not limited
to court costs, cos#s of service, prejudgment interest, and reasonable attorney's fees; (e)
all of Landlord's costs associated with collecting amounts due under this Agreement,
including but not limited to debt collection fees, late charges, and returned check
charges; (f) and any other recovery to which Landlord is entitled by iaw or in equity.
Landlord is obligated to make al! reasonable efforts to mitigate any damage or loss
resulting frorn;T-erant's breach by attempting to relet the Premises to acceptable tenants
and thereby reducing Tenant's liability. As provided under 68 P.S. X250.302. Landlord
shall have the right to distrain Tenant's aualifying and otherwise nonexempt personal
property located upon the Premises for Tenant's failure to pay rent when due. and
Landlord is authorized to distrain such property on any day, except Sunday. between the
hours of 7:00 AM and 7:00 PM and not at any other time, except where Tenant through
Tenant's act prevents the execution of the warrant during such hours. Notice in writing of
such distress, stating the cause of such taking, specifying the date of lew and the
personal property distrained sufficiently to inform Tenant or owner what personal
property is distrained and the amount of rent in arrears, shall be given, within five (5)
days after making the distress, to Tenant and any other owner known to Landlord.
personally, or by mailing the same to Tenant or any other owner at the Premises, or by
posting the same conspicuously on the Premises charged with the rent. The personal
property distrained may not exceed the value of the rent owed.
21. LATE CHARGE. In the event that any payment required to be paid by Tenant
hereunder is not made within five (5) dam of when due, Tenant shall pay to Landlord, in
5 _~W,~__ ._._. __~.
addition to such payment or other charges due hereunder, a "late fee" is `~~~= ~.~t~unt of
8180.00 (10%).
22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons
the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession
of the Premises in the manner provided by law, and without becoming liable to Tenant
for damages or for any payment of any kind whatever. Landlord may, at Landlord's
discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or
any part thereof, for the whole or any part of the then unexpired term, and may receive
and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold
Tenant liable for any difference between the rent'that would have been payable under
this Agreement during the balance of the unexpired term, if this Agreement had
continued in force, and the net rent for such period realized by Landlord by means of
such reletting. If Landlord's right of reentry is exercised following abandonment of the
Premises by Tenant, then Landlord shall consider any personal property belonging to
Tenant and left on the Premises to also have been abandoned, in which case Landlord
may dispose of all such personal property in any manner Landlord shall deem proper
and Landlord is hereby relieved of all liability for doing so.
23. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney
to enforce any of the conditions or covenants hereof, including the collection of rentals or
gaining possession of the Premises, Tenant agrees to pay all expenses so incurred,
including a reasonable attorneys' fee.
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24. RECORDING OF AGREEMENT. Tenant shalt not record this Agreement on the Public
Records of any public office. In the event that Tenant shall record this Agreement, this
Agreement shall, at Landlord's option, terminate immediately and Landlord shall be
entitled to all rights and remedies that it has at law or in equity.
25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the Commonwealth of Pennsylvania.
26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for
any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or
circumstances shall be affected thereby, but instead shall be enforced to the maximum
extent permitted by law.
27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the
parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience
of reference only and they are not intended to have any effect whatsoever in determining
the rights or obligations of the Landlord or Tenant.
29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
30. NON-WAIVER. No indulgence, waiver, election ~:~ r;on-election by Landlord under this
Agreement shall affect Tenant's duties and e:Jii,!~s Hereunder.
31. MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Agreement shall not be modified, changed,
altered or amended in any way except through a vdritten amendment signed by all of the
parties hereto.
32. RENTER'S INSURANCE. Tenant must insure Tenant's own furnishings and family.
The Property Insurance does not cover any damages to a tenant or property of a tenant for
any reason including fire, water leaks, equipment failures, vandalism, theft, smoke, electrical
malfunctions, or any cause.
32. NOTICE. Any notice required or permitted under this Lease or under state law shall be
deemed sufficiently given or served if sent by United States certified mail, return receipt
requested, addressed as follows:
If to Landlord to:
Henry J. Grothe
121 Cambridge Drive
Mechanicsburg, PA 17055
If to Tenant to:
Carl E and Jennifer Heininger
2103 E. Coventry Lane
Enola, PA 17025
Landlord and Tenant shall each have the right from time to time to change the place
notice is to be given under this paragraph by written notice thereof to the other party.
33. ADDITIONAL PROVISIONS; DISCLOSURES.
Tenant will pay sewer and trash.
Tenant is responsible for lawn maintenance and snow removal
[Landlord should note above any disclosures about the premises that may be required under
Federal or Pennsylvania law, such as known lead-based paint hazards in the Premises. The
Landlord should also disclose any flood hazards.]
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2103 E Coventry Lane, Enofu, PA 17Ei2~
As to Landlord this 1st day of February, 2011.
LANDLORD:
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Sign: ~;~-~~~ ~ ~ Print
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Date: `~ /~Q ~ Z ^ ~f
As to Tenant, this 1st day of February, 2011.
TENANT
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Date: '~ ~
TENANT:
Sign:
Print:
Date:
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PROPER"I'Y ADDRESS 2103 E COVENTRY LN
HEP~RY 1 GROTF E
HENRY GROTIlE ESTATE
C!O R. b1AKK THOMAS, ATTORNEY AT LAW
101 SOUTH MARKET ST
MP.CHANICSBURG PA 17055-3851
,:ETURN TOP PORTION WITH PAYMENT
~illlli~lhl~~~~~lli~ll~l~~il~i~~~l~ii~~~ll~llUl~~il
DUEDA"1'E ]il/3]/2012
CN: 008291-000
LC: 10130993033
AMOUNT DUE ;e2,617.G1
AFC;J, llUE ~.~;TE 2,G•15.:•i
Bill iucLides sewer and/or trash charges Cor October -December. Payment is due by 10!31/3012 in order to av~~~id~~a ~!alle~ pue~nal~ty~ Thank yogii.
DATE CONSUMPTION F.~V10UN1' IIi~~IIIII~IItIIiII~~~II!~Iil~l'IIiI~~i1~III1~~I ! I~~~~III~II~~~Il~llll
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BALANCE FORWARD U7/0)/2012 2.57..,
YAYMF:N'f J.00
SEWER 10/01 /2012 1 14.25
TRASH '0/UI/2012 ~ 4C.£L;
ADIUSTMENT +).00
PENAL'PY 08/07/2012 15.51
1NThRES"1'
03/07120]2
19.Ci8
YKOk'£:R'1'Y ADDRESS 2103 E COVEN`T'RY LN
HENRY ! GltO:'1lli CfJ: 008291-OQU
HENRY GKOTHE PS"fA1'E 1_C; 10130993033
C/O R. SIAKKTHOMAS, A`I"CORNEY A1'LAW
DUii DATE
10131/12
101 SOUTH MAKKE'I'ST AMOUNT'DUE $2,617.!iI
MECHANICSBURG PA 17055-3551
AFf'ER DUE DATE
$2,615.44
GROSS BALANCfi PAYABI.F. AFTER 3(1 DAYS
D1REC7WITHCKAWALAVABr\BLE -
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Oct ifs 1~ 05: 16p
NOTICE TO QUIT
March 21, 2012 , j
Carl Heininger ~ l~°11i1/~~~' ~°-!yl~~~
2103 Coventry lane
Enola, Pennsylvania 17025
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TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
2103 East Coventry Lane, Enola, Pennsylvania 17025
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated January 03,
2011 under which you hold the possession of the herein described premises there is now due,
unpaid and delinquent rent in the total sum of $12,900.00, representing rent due for the period
from August O1, 2011 to Mazch 01, 2012, plus late fees totaling an additional $1,440.00.
PLEASE TAKE FURTHER NOTICE that within 30 days after service of this notice, you are
hereby required to pay the above-listed amount in full OR quit the subject premises, move out,
and deliver up possession of the same to Alexandra & Theodore Grothe. Failure to pay the rent
in full OR vacate the premises WITHIN 30 days, which would be April 20~', 2012, as required
by this notice, will result in forfeiture of the lease and/or rental agreement and landlord will
institute legal proceedings against you to recover rent, damages and possession of said premises.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE
RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF
PENNSYLVANIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT
OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER
OF SUCH R1GHT5 AND REMEDIES.
Dated:
By:
Alexandra & Theodore Grothe '
2246 Pileggi Rd. Warrington Pennsylvania 18976
215-290-8215
4~
Opt 16• ~p2 05: 17p
30 DAY NOTICE TO TERMINATE TENANCY
March 21, 2012
Carl Heininger
2103 E. Coventry Lane
Enola, Pennsylvania 17025
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES
LOCATED AT:
2103 E. Coventry Lane, Enola, Pennsylvania 17025
p.2
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated January 03,
2011 under which you hold the possession of the herein described premises there is now due,
unpaid and delinquent rent in the total sum of $12,900.00, representing rent due for the period,
from August O1, 2011 to March O1, 2012.
PLEASE TAKE FURTHER NOTICE that within 30 days after service of this notice, you are
hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and
deliver up possession of the same to Alexandra & Theodore Grothe. Failure to pay the rent in full
OR vacate the premises WITHIN 30 days, which would be April 20th, 2012, as required by this
notice will result in forfeiture of the lease and/or rental agreement and will institute legal
proceedings against you to recover rent, damages and possession of said premises.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE
RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF
PENNSYLVANIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID
RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A
WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated: M eh 2 , 201
~~~
By:
Alexandra & Theodore Grothe
2246 Pileggi Rd. Warrington Pennsylvania 18976
215-290-8215
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ,,= I~;~Q-;~~'~= ~~;
Sheriff ''~ ?~t~E I~ROTNOhIQi",'~`,,
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Jody S Smith ,
Chief Deputy f~ , r= ~ _ ~~~~ ~Q~ ~~ PN ~' ~ ~
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Richard W Stewart ~:~MSEPtLAI~Q CQQI~~"~
Solicitor ~ `'` ~ T..E>"'O'FF PENNSYLVANIA
Alexandra E Grothe (et al.) Case Number
vs. 2012-6633
Carl Heininger (et al.)
SHERIFF'S RETURN OF SERVICE
11/15/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Carl Heininger, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at
Premier Fitness, 401 S. Front Street, Wormleysburg Borough, Wormleysburg, PA 17043. Deputies were
given a phone number for Defendant and called and left a message for him which he returned and stated
that he was in Pittsburgh until Friday but he did provide his home address of 104 Sarkuni Avenue,
Harrisburg, Pennsylvania 17110.
11/15/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Jennifer Heininger, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at
Premier Fitness, 401 S. Front Street, Wormleysburg Borough, Wormleysburg, PA 17043. This office was
notified by co-defendant Carl Heininger that Jennifer's last name is not Heininger but is Garisto and he
provide a home address for Jennifer Garisto of 104 Sarkuni Avenue, Harrisburg, Pennsylvania 17110.
SHERIFF COST: $60.45
November 20, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
Vic) Ccun;y8uitti SherK, T~~egsaft !rc