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HomeMy WebLinkAbout12-6786~,.., " ~ _., _ ! L ~.,...J / 1. Yp~,~r~~A ~ ;r ~~+~ ROBERT D. KODAK, ESQUIRE ~'~' KODAK LAW OFFICES, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 ,v (717) 238-7159 ,( ~^ Attorney for Plaintiff \~ LONG MEADOWS APARTMENTS IN THE COURT OF COMMON PLEAS LLP, ~ CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA c,U<< NATHANIEL C. STERLING, Defendant(s) ;CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ~a H~ ~~~ ~a`~~ ~a ga~55 AVI$O LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 LONG MEADOWS APARTMENTS LLP, Plaintiff v NATHANIEL C. STERLING, Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW COMPLAINT The Plaintiff, LONG MEADOWS APARTMENTS LLP, by its attorneys, KODAK LAW OFFICES, P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum of TWO THOUSAND FIFTY FIVE DOLLARS AND ZERO CENTS ($2,055.00), along with interest thereon at the statutory rate from January 1, 2010, upon a cause of action of which the following is a statement: 1. The Plaintiff, LONG MEADOWS APARTMENTS LLP, is a Limited Liability General Partnership organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1 Richland Lane, Camp Hill PA 17011. 2. The Defendant, NATHANIEL C. STERLING, is an adult individual residing at 1611 LETCHWORTH ROAD, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011. F:\USER\Z-MASTER CMP FILES\COMPLAINTS\L\LONG MEADOWS APARTMENTS LLP -38558 -akr.wpd 2 3. On or about April 23, 2009, Defendant(s) entered into a written Residential Lease with Plaintiff whereby Defendant(s) would rent the premises known and numbered as 2A Richland Lane, Apt# 201, Camp Hill, Cumberland County, Pennsylvania 17011 for the period May 1, 2009 through April 30, 2010, renewable yearly. A true and correct copy of said Residential Lease and subsequent Addendums are attached hereto, collectively marked Exhibit "A" and made a part hereof 4. Said renewed lease was to expire on April 30, 2010, as evidenced by Plaintiff's Tenant Move-Out Report attached hereto, marked Exhibit "B" and made a part hereof. 5. Defendant(s) defaulted under the Lease Agreement by vacating the premises, on September 29, 2009, thereby leaving due and owing to Plaintiff certain sums for remaining balance of unpaid rent and early termination charge, to the amount of Five Thousand Five Hundred Two Dollars and Eighty Three Cents ($5,502.83) as set forth on Exhibit "B" hereto. 6. Defendant became entitled to certain credits against the aforementioned charges to the total amount of Three Thousand Seven Hundred Ninety Dollars and Thirty Three Cents ($3,790.33), as shown on Exhibit "B" attached hereto. P:\USER\Z-MASTER CMP FILES\COMPLAINTS\L\LONG MEADOWS APARTMENTS LLP -38558 -akr.wpd 3 7. The balance due and owing by Defendant(s) to Plaintiff is the sum of One Thousand Seven Hundred Twelve Dollars and Fifty Cents ($1,712.50) as set forth Exhibit "B" attached hereto. 8. Due to the default of Defendant(s), and pursuant to the terms and conditions of the Residential Lease Agreement executed by Defendant(s) and attached as Exhibit"A" hereto, attorney's fees in the total amount of Three Hundred Forty Two Dollars and Fifty Cents ($342.50) have been added to said account. 9. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse(s) and neglect(s) to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TWO THOUSAND FIFTY FIVE DOLLARS AND ZERO CENTS ($2,055.00), along with interest thereon at the statutory rate as set forth herein. Respectfully submitted, KODAK LAW OFFICES, P.C. ~ 53 9'r~~ rt . Koda ,Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\Z-MASTER CMP FILES\COMPLAINTS\L\LONG MEADOWS APARTMENTS LLP -38558 -akr.wpd ~"~ itENTAL AGREEMENT .`' PARTIES A. This Aggroernent is made between Property Management Inc., as Agents for: Long IJleadows Apafimenta hereunder designated °Landlord." and tho fnllowing named Individuals, hereunder designated "Resident." 1. Nathaniel Sterling Z, 3. 4, 5. .,,_, 6. Il is agreed that no one will live in this dwelling other than thoso named above. SPECIFICS B. It is aQrced that the Landlord rents the Resident the specCFc dwelling, et the rental charge, security deposit and for the period of time; ell as indicated below: pWELLING ADDRESS TYPE LEASE DATES MOVGIN DATE t:rom:06l01l2009 05/0112002 2A Richland Lane Apt# 201 26W To: p4f30l2010 Resident ~ Camp Hill, Pa. 17011 OZZ01 MONTHLY RENT SEC[RITY DEPOSIT PRO-RATA RENT OTHER CHARGES 5885.00 5100.00 Pat Fee 515.00 SECURITY C. Tlu Security Deposit in the amount indicated above w[Il be deposited in the aooount of: DEPOSIT Nathaniel Sterling in an intcrost-bearintt account at: tntagrky On the second (2e~anniversary of the lease, intarnst will begin to accrue on the deposit (if it exceeds 5100.00) and will be paid to the Resident !n accordance with the statutes of the Commonwealth of Pennsylvania. UTCLITIES D. it is agreed that utilities shall be paid by the party indicated on the following chart UTILITY Gtectricity Gas Oil Water Sewage Trash Removal Phone Cabin RENT PAYMENT E. All rent is due and payable by chcclt or money order at the managemonC ofFice on or bcforo the first (I st) day of every month. NO CASH WILL IIE ACCEPTED. MAKE CI•IECKS OR MONEY ORDERS PAYABLF, TO and MA1L or DBLIVER T0: Long Meadows Apartments 2 Richland lane tlTt Camp Hill, Pa. 17011 LATE CHARGE P. A }ate charge of 10?/o will bo added to any full or partial monthly rent not received in the ofI'icc by the 9" oP the month. Initial - N• ~. Page 1 of 4 EXHIBIT LANDI.QRD RESIDENT . / ~~' BAp CHECKS 0, Any check not cleared by the Resident's bank will be conaidcrcd -nte tent and will be subject to a returned checlr charge (rite gttraxr of S20,OU or the nalual amount. of fees charged by the Landlord's financial institution) plus die late charge. RENEWAL H. After the initial period, this AgrtxmantRenews Automatlcallyfor a 50 day period and continues to renew for 60 day periods unless 60 days' written termination notice is given by either party. Rcsidatt may renew this Agrcartrent for anc year by written request and at the provaIling market rant for the snit at the property.. if Resident wisitcs to vacate at the end of their initial Icasc period without further obligation, that Rcsiderrt must give written notice 60 days in advance of lease expiration data, RENT INCREASE i. After fire btitisl period, the monthly rent may be Increased by the Landlord giving 50 days' wririen notice to the Resident of the incroase. MOVE-OUT J. Resident agrees not to vacate the dwelling or move without providing ti0 days advance written notice to the landlord. Resident also agrees that any possessions remaining in the dwelling after a move-out are abandoned by Rcsidenk and Resident agrees to pay the cast of removal and disposal of these possessions. Resident agrees to vacate the dwelling at the end of the term, leaving property clean and in good order. Rosidcnt agrees to Jointly inspect the.dwelling with person t7nm management staff, indicndng then exiating conditions, sign and date form, and give a forwarding address. LARLY K. Resident aginas to be responsible for ttre mantbly rent for the entire period of this Agreement, oven if Racident TERMINATION moves out early with or without permission of the Landlord, [n addition, Resident agrees to pay a foe In an amount equal to one month's rent to cover vests of refurbishing and renting the apartment if the Resident moves out before the and of the initial period of this Rental Agreement. LEASL V IOLATION L. Resident understands that the Landlord wilt exercise necessary actions and due processes of law to ~Ilcct DEFAt)LT TN damages and money awing to the property based on the than-applicable laws of Pennsylvania, including RENT eviction proceeding when accessary. All of the provisions pertaining to notice to be given by the Landlord to the Resident sa sot forth in the Act oFApril 5, 1951 P.L. 69 are herehy waived by the Resldonl. Alt notices required under thu Agnaoment shall be In writing and served an the Resident by mailing same to the address specified above, in the avant of daf~auh by the Resident (eithcrnonpayment of real when due, or by the failure to abide by the forms of this loose, or by v'solatian of any governmental stntutas or regulations3, Resident waives the requirement of any notice to quit. Resident itaroby authorizes and empowers any attorney or any court of records of Pennsylvania to appear on behalf of Resident and confess judgment against Resident end in favor of Landlord in amicable action of ejectment of the premises, and Resident authorizes the immediate issuing of a writ of posseawion far the premises. Thaso powers granted shall not be exhausted by one exercise, attd may be oxcroiscd during any extension of the initial farm of this lease as wall as during the initial term itself. DAMAGE M. Damage to the 1'roporty caused by Resident, Resident's family, or Resident's guests, wilt be repaired and costs billed to the Resident and payable on demand. REPAIRS iV. Resident must notify managementat the office in writing and verbally of any problem in the apartment or house. The Residatt will bo advised if the Rostdanishould have repairs done by an authorized outside contraotor, or !f repairs will ba comptatcrl by the Landlord. ACCESS TO 0. Resident undoratands that management will enter Resident's apartment from time to time to inspect and APARTMENT maintain equipment, appliances, and safety conditions. Advanx notices will be given to- Resident whenever possible. in Casa of emergency, no notice is required. CARE OF P. Resident is responsible for keeping the apargnent, entryway, patio and grounds clean and neat at all times, and PROPERTY in eompliatwe with the property rules which are hereby made a part ofthis lease, SMOKE Q. Resident is responsible for maintaining the smoke detector, if installed in the apartment, in working order at alt DETECTORS times. NO PETS ~ R. Resident agrees not to have any pal or pats In rho apartment without a ittlly executed pet lease addendum by Landlord and Resident, INSURANCE S. Resident must insure Resident's own tLrnishIngs and family. The property insurance does not cover any damages to a Resident or the property of a Resident for any reason, including fire, water leeks. equipment failures, vandalism, theft, smoke, electrical malfunctions, or any cause. WARRANT T. A copy of this Rental Agreement shall be sufticiant warrant filed with a confession of judgment for rant unpaid or upon confession of judgment in ajectmertt, by "Lnndlord° to the local District Justice. SUBORDINATION U. Tha righkc of Resident arc aubjoct end subordinate to the rights of any mortgagee which new or hereafter hold a lien upon the Landlord's interest in the Premises. Initial ,~• S. Page 2 of 4 ~/ ' TOBACCO V, if Resident elects to allow tobacco smoking in the apartment leased in this agreement, then any unreslorod smoke•related damage wilt not be cansida+ed "Hormel wear and test". Any additional cleaning, painting, or roplacement due to smoke damage may be chargeable to lire resident upon move•out. MOLD W, To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the fallowing: I) MOISTURE ACCUMULATION. Resident ahn[l remove any visible moisbtro accumulation in or on the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up spills and thoroughly dry ttffocted tuea as soon as passible after oxturertce; use exhaust trots in the kitchen and bathroom when ncxssary; and-keep climate and moisture in the Leased Premises at reasonable levels. 2) APARTMENT CLF.AM.INF.SS. Resident shalt clean and dust the Leased Premises regularly, and shall keep the Leased Premises, particularly kitchen and bath, clean. 3) NOTIFICATION OF MANA,(IGMGNT. Resident shall promptly notify management in writing of the presence of the following conditions: i, A water leak, oxcossive moisluro, or standing water inside the Leased Premises. li. Mold growth in or on the Lcttsod P'ttxrtises that persists after Residtxtt has tried several times to remove it with household cleaning solution, such as Lysol or PinaSol disinfectants, 'tilex Mildew Rcrnovcr, ar Clorox, or a combination of water and blettcb. iii. A malfttnotion in any part of the boating, air-condltlontng, or ventilation system in the Leased Preatiscs. 4) LIABILITY, Resident may be liable to Owner for damages susmined to the Leased Premises ar to Reesident's parson or property as a result of Resident's failure to comply with the leans of this sootlon, S) VIOLATION. Violation of any item !n this section shall be deemed a material violation under the terms of the Lease, and Owner shall be entitled to exorcise all rights and remedies it possesses against Resident at law or inequity. PROPERTY RULES AND GUIDELINES RESIDENTS AGREE TO 1. Request essislancc from the landlord for inattuotion and help 11. playing of radios, tanreaa, TV or musical lnstrumenlz helwoea the rogarding the operation and care ofcach appliance or any physical part of the hours of I I :4t} PM and.8:~ AM at loud vo]tnnes Is slrlctly prohibited. At no apartment including doors, windows, llghta, plumbing, floors, walls, and lira limo may nay aotac be audible oulstdc of the apartmeat/huuse. appliances, 12. Only standard picture hangers maybe used for hanging pictures, 2. Patios, balconies, and windows may be da:ornted with plmtts, minnrs, etc. 'No odhosim hangers maybe used. hanging baskets, and Inwn titmiture. Do not ttsc patios or bnlaonlcs for storage or trash removal, t3. The use of avatar fratt the promise for the purpose of washing oars is prohibited. Maintenanceand/or repair of My vahiela far any reason on the 3. Provide own light bulbs (of proper size) fltsea, and etertors. promise ero proltibllod. All vehicles must be property inspected, maintained, and licensed. 4, U:e trash cantafrrers properly. Keep sidewalks, and lawns fro0 of personal items, papers, trash. S. Conserve cncrgy and assure safety by not installing addiGanol rtppliances or equipment other than normal home items. Prior permission of the Landlord must be obtained. 6. Comply with tltc laws of tltcscveral govcmmcntal units controlling the property area 7, No additlonnl safety/security locks ero to be inslallcd witfwut writlan permission from management. No lodc4 may be changed withouu wtiltan permission. g, Plo supplementary cooling davleos (i.e. window air conditioners) ott: permitted wllhoul express written pertniaston atom Landlord. 14. Waterbeds ero permitted only with proper insurance verificafan provided to'thc mnnagoment annually. l5. The apartrncnt or house is to be used solely as a residcntial dwelling unit, and troy not be used for any businrav purposes, The Resident agrees not to utilize the apartment or house to conduct arty business or to house any business of arty aim, for any purpose, fbr profit ar otherwise. 16, tteaident will comply with any additions to these rotes mseted by the Landlord, Wolatlon of rho lease or any of the rules and guidelines offhe lease and the rental property shell be sufficient cattsc for termination or ovictlon at the option of the manttgemont 17. Crtrpets meat be proPosalttnally shampooed upon move out and rcacipt provided to managamant. 9. tinder no ciroumstances era any supplementary heating dovieas permitted in any apartntenl or house, 9upplanentary hosting deview lnolada kerosene heaters, wood stoves, space haatcra, gas heaters, alecaia heaters, camp heaters, arc, 9'Itcso Itcating dcvions and their foal constitute n grave lira hazard, Any use of such dcviw wilt be in direct violation of chit tease. Stomgo of any flammable subswnces in any apartment or house is prohibllad, !0. Parking is permitted in deaignatod parking arena only, No buses, large trucks, trailers, boats, or any other avor~ized vehicles may be parked on the property without express writan permission from Landlord. Ig. Action by Resident or Guests, tlrnt cause Police Action, or deprive the rightofquieter{Jaymont afothcrresidents, is eause lbreviction. I4. Resident must ratify the Properly Manager If Resident will be away from the apartment longer than sauce days. 20. No wins or cables of any kind ate pcrtnittad to he run alonE Ore outside of any apartment, Restdptt will not lttstnll any satel(itc dish or antatnae withoutobtalning wrlikn permission from Landlord antl signing e sntallite dish owner's addendum, IniBal ~{9i~1 Pege 3 of 4 ,~: Signed in the Prosonce Of: Date PROPERTY MANAGEMENT, tNC. As Long Meadows Apartmen Sy: For: Data ~/Z3~~ Dato Residont Date Data Resident Date Datc Residont Date Date Resident Date Dato Resident Date Pape4af4 ~{p~~p~p ~ptR VVH Revised tlAove out: Early TenNnaaon: Canuged Apptiatlon: ReJsated llpptitetlon: C Analyale of Seoudty Deposit Ity Eeriy Tsnninallon Gherpe Charge due to move out prior to lease end date e~anoe of Lease Rent - Duet due from move out data to lease end date Balance of Nogce • Amau due tnun move out date to sixty days from notke Unpaid Rent to Move Out ate Unpaid Late t=ees Tohl Oamapea (from a ) Unpaid Other Charges - ling / Leynl fees - tlitlies -Gas er -NSF Fee ar - Total Amount Due 08/302009.04/302010 00/002006.OD/OOJ2D06 00/002006-00/OOt2008 Lees Peymsnt On Account Less Prepaid Rent tar Leas Credit New Tenant Move In -12/O1R006 Leas Security. Depoalt Leas Securily interest Earned Total Amount to be Refunded or Total Amount Due Refund pe Reason foi AlanaAsrs EXHIBI"I' Roommate Remavaf: Roon+mats Chartpe: UNt Transhr. - rn lance R Ir 0•~ R aosmerrt 0.00 ttoe R Dement 0.00 tlBnd tecement 0.00 Ca in 0•~ G R haamsnt 0.00 t Stale Removal 0.00 Cleanin 0.00 Counter To Re laoement 0.00 D II R Door Re frslRs tacement -Bedroom door .0D 0,00 Ke Re lac:ament 0.00 tabor O.OD Trash Removal 0.00 Other Dam ee - 0.00 they Ca ea - 0.00 Outer Came 0.00 Other D es Tout Dam s 0.00 ~~ 885.00 4,817.83 0.00 4.00 0.00 D,DD o.Do 0.00 0.00 SLQ4 5,502.83 22.83 142.50 3,425.00 200.00 Q,174 D.00 1y712.60 VERIFICATION name of LONG MEADOWS APARTMENTS LLP, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. LONG MEADOWS APARTMENTS LLP By: Title: ~~~ L]l~ ~M~ Dated: U 'Z~ ( ~ 385~8I574247 Sterling SHERIFF'S OFFICE OF CUMBERLAND COUNT~3 ,~ e '- ~ ~ o ~ rn Ronny R Anderson ~ z~ "~ ~ ~ Sheriff ~~~titr of Gttata[e£~,~~ ~~~, ~ ~~ ~~, is ~d ~ Jody S Smith r--z --to Chief Deputy y"C. , ~ ~ o Richard WStewart T p ~~ ;~ ~ ~- ~~.,• Solicitor a~~E r -. "_"~~~ ~ ~ ~:, Long Meadows Apartments LLP Case Number vs. Nathaniel C Sterling 2012-6786 SHERIFF'S RETURN OF SERVICE 11/08/2012 09:20 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nathaniel C Sterling at 1611 Letchworth Road, Lower Allen, Camp Hill, PA 17011. Dom- lL~c~--_ J ON KINSLER, DEPUTY SHERIFF COST: $43.45 November 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ..:.qu^y5ui`e Shcr'f, -inlr^c2ft.. Irc.