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13-2732
Supreme C o `Pen nsylvania COu)C' ry0 CemimO Pleas For Prothonotary Use Only: jt (:'l�il ` Ver S�11�et Docket No: .. CU RL ND"' :� / 4 o County . c� The information collected on this form is used solely for court administration purposes. This form does not _ supplement or• replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: t S El Complaint 0 Writ of Summons Petition Q Transfer from Another Jurisdiction Q Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C C KEYSTONE REAL ESTATE GROUP ANDREW DIMATTEO I Are money dam req uested? Yes No Dollar Amount Requested: Ix_; within arbitration limits Y g 9 (check one) ❑ outside arbitration limits O N Is this a Class Action Suit? ❑ Yes EE No Is this an MDJAppeal? I E Yes ® No Name of Plaintiff/Appellant's ellants Attorne i A PP ' Y: NANCY H. MEYERS, ESQUIRE W © Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your j PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 1] Buyer Plaintiff Administrative Agencies n Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Ci Debt Collection: Other Q Board of Elections Nuisance _i Dept. of Transportation Premises Liability El Statutory Appeal: Other S -i Product Liability (does not include mass tort) Q Employment Dispute: E Discrimination I Slander/Libel /Defamation C Other: Employment Dispute: Other Zoning Board T l Other: I I 0 Other: O MASS TORT Asbestos N ❑ Tobacco Q Toxic Tort - DES I =� Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste ❑ Ejectment El Common Law /Statutory Arbitration B 0 Other: p Eminent Domain /Condemnation 17 Declaratory Judgment E= Ground Rent Mandamus Xi Landlord/Tenant Dispute ❑ Non - Domestic Relations r Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ©-' Quo Warranto r1l Dental kJ Partition ❑ Replevin i7 Legal © Quiet Title -i Other: ❑ Medical � Other: I LJ Other Professional: i Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGME COMMON PLEAS No. 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 Keystone Real Estate Group 09 -3 -01 Honorable H. Anthony Adams ADDRESS OF APPELLANT CITY STATE ZIP CODE 2 Morning Star Lane, Suite #2 Shippensburg PA 17257 DATE OF JUDGMENT IN THE CASE OF (Plaintiff] (Defendant)' April 16, 2013 Keystone Real Estate Group VS Andrew DiMatteo DOCKET No. IGNATURE OF T OR EY 0 T CV- 000053 -2013 This block will be signed ONLY when this notation is required under Pa I ppell nt wa laimant (see Pa. 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 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To 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 v VftftAq � e of the mailing. Date: 20 kiNnoj 0NV183 9 :a! WV S i AN U 9 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF TH t - Et�4T/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.f� -4. 0 C AOPC 312 -05 eti 3�tf1 s - �g65SI COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist, No: MDJ- 09-3-01 MDJ Name. Honorable H. Anthony Adams Keystone Real Estate Group V. Address: 35 West Orange Street Andrew DiMatteo Shippensburg, PA 17257 Telephone: 717-532-7676 Keystone Real Estate Group Docket No: MJ-09301-CV-0000053-2013 T/A The Apartment Store, Real Estate Group Case Filed: 3/28/2013 2 Morningstar Lane, Suite #2 Shippensburg, PA 17257 Disposition Details Disposition Summary Dockgj N laintiff Defendant Rilgosit+o t Disoqsirjoa 1p MJ-09301-CV-0000053-201.3 Keystone Real Estate Group Andrew DiMatteo Judgment for Defendant D4116/2013 .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 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 DISTRICTJUDGE. 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. titre X1 M � Magisterial District Judge H. Anthony Adams I Z5rtify thatt5is R 5 !rue and correct Copy o T . .......... . ... ..... . . 1 of t proceedingi containing the judgment, Date Magisterial District Judge M04 315 Page 1 of 2 Printed- 0411612013 10:38:20AM Keystone teal Estate Group Docket No. M 09301- CV- Ot)ddd53 -20 3 V, Andrew DiMatteo Participant List Private(s) Bradley Charles Bechtel, Esq. PA Game Commission 2001 Elmerton Ave Harrisburg PA. 17110 Plaintiff(s) Keystone Real Estate Group T/A The Apartment Store, Real Estate Group 2 Morningstar Lane, Suite Shippensburg, PA 17257 Defendant(s) Andrew DiMatteo 525 Sam Snead Circle Etters, PA 17319 Mod$ 315 Page 2 of 2 Printed; 04/1 81201 3 1 0:38 :.20AM Keystone Real Estate Group, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. No. 2013-2732y, o Andrew DiMatteo , CIVIL ACTION • Defendant ' PROOF OF SERVICE OF NOTICE_OF'APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER fling 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.13-2732, upon the Magisterial District Judge designated therein on (date of service) May 20, 2013, ❑ by personal service ® by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name)Andrew DiMatteo,on May 20,2013 ❑by personal service® by(certified)(registered)mail, sender's receipt attached hereto. (SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 201h DAY OF May,2013 joi Sign u re oial before&hom ff avit was made gnatur Whes,nt Nancy . s, Esquire Salzmann P.C. 79 St. Paul Drive Chambersburg, PA 17201 Title df official My commission expires on December 19,2015. COMMONWEAL Notarial SO Public Emily C.Mydr%,NOtAry Chambersburg Born,FraWin County My commisom Ices Dec.19,2015 MEMBER,PENN LVANIA pgOCIATION OF NOTARIES t.rJ ' ro zo postage 3 am L? ROEura F"—lOt i'GCi /� F'gvlRtrallt (M (Endor:,r�rrterN kc.+rfutrcUl M f Eean Resirictad Deftvery Fee cz? (Endorsement AeclufrUd) Gl Foul Ra.!agcy A F[n. �LS � strict Justice H35 i ensbur PA 17257 "__.,.._.,....,,--.__... QALZMANN [� �� �STQ� GHES PC Z ° J � - -�= Attorneys at Law f I ,� 2 1 P $ 006.110 t : 0003933696 MAY 20 2013 79 ST.PAUL DRIVE 7012 3050 0001 7884 3485 t MAILED FROM ZIP CODE 17201 CHAMBERSBURG,PENNSYLVANIA 17201 District Judge H.Anthony Adams 35 West Orange Street Shippensburg, PA 17257 ses Pcks QALZMANN r. 0"Up�ESYC z Attorneys at Law fi' ` !` 02 1P $ 006-110 7012 3050 �� � �4 ,' 0003933696 MAY 20 2013 79 ST. PAUL DRIVE MAILED FROM ZIP CODE 17 201 CHAMBERSBURG,PENNSYLVANIA 17201 t Andrew DiMattea 525 Sam Snead Circle Etters, PA 17319 Postal CERTIFIED i RECEIPT 7a (Domestic • co Postage Certified Fee r� �— Pusna tr. � Return R ei( des (5ndorem entRequ ired) Kea& C3 Restricted Delivery Fee C3 (Endorsement Required} ---- -- Lrj. M Total Postage tage&F Ir1 Sen,' ni Andrew DiMatteo © orFC Box No. 525 Sam Snead Circle Etters PA 17319 Ps Form 3800,August 2N6 Sao Reverse for Ins1rucilons i! + IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff c NO: 2013-2732 V. CIVIL ACTION—LAW ANDREW DIMATTEO � W Defendant =_ CDC NOTICE TO DEFEND za TO: Andrew DiMatteo 525 Sam Snead Circle Etters, PA 17319 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. 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg,PA 17108 Telephone No. (800) 692-7375 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY,PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff NO: 2013-2732 V. CIVIL ACTION—LAW ANDREW DIMATTEO Defendant NOTICIA TO: Andrew DiMatteo 525 Sam Snead Circle Etters, PA 17319 LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 Telephone No. (800) 692-7375 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff NO: 2013-2732 V. CIVIL ACTION—LAW ANDREW DIMATTEO Defendant COMPLAINT AND NOW, comes the Plaintiff Keystone Real Estate Group, LP, by and through their counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Complaint and in support thereof avers the following: 1. Plaintiff Keystone Real Estate Group, LP is a Limited Partnership doing business as The Apartment Store with a business address of 2 Morningstar Lane, Suite 2, Shippensburg, PA, 17257. 2. Defendant Andrew DiMatteo is an adult individual residing at 525 Sam Snead Circle, Etters, PA 17319. 3. Plaintiff Keystone Real Estate Group manages a residential apartment dwelling located at 14 Kenneth Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Defendant entered into a written residential Lease Agreement on or about July 16, 2012 (a true and correct copy of which is attached hereto and incorporated herein as Exhibit A) with Plaintiff for 8 Morningstar Lane, Apartment #5, Shippensburg, Cumberland County, Pennsylvania 17257 (the "Leased Property"). 5. The Lease Agreement was for the period beginning August 24, 2012 and ending on May 12, 2013. 6. The Lease Agreement required Defendant to pay the sum of Two Thousand Two Hundred Thirty-Nine Dollars ($2,239.00) on July 16, 2012 for the Fall Semester for the Leased Property, and the sum of Two Thousand Two Hundred Thirty-Nine Dollars ($2,239.00) on November 1, 2012 for the Spring Semester for the Leased Property. 7. Defendant never took possession of the Leased Property, since he had also entered into a contract for an additional residence at Shippensburg University. See Letter dated August 17, 2012, attached as Exhibit B. 8. Defendant failed to submit the full lease payment for the Fall 2012 semester in violation of the Lease Agreement. 9. Defendant still owes $1,939.00 on the Fall 2012 lease payment. 10. Defendant failed to submit any lease payment for Spring 2013. 11. The Lease Agreement provides for a late fee of$75.00 after the fifth day rent is not paid. 12. Plaintiff was not required to give Defendant a notice of default as Defendant waived the right to receive a "notice to quit" or "notice to vacate" from the Landlord in Section Eight of the Lease Agreement, and also because Defendant never took possession of the Leased Property. 13. Plaintiff filed a Civil Complaint with Magisterial District Judge H. Anthony Adams (Magisterial District 09-3-01) against Defendant to recover rent and damages on March 28, 2013. 14. On April 16, 2013, after hearing, Magisterial District Judge H. Anthony Adams (Magisterial District 09-3-01) entered judgment for the Defendant. A copy of the judgment is attached hereto and incorporated herein as Exhibit C. 15. As a result of Defendant's failure to abide by the Lease Agreement, the Plaintiff's damages are as follows: a. One Thousand Nine Hundred Thirty-Nine Dollars ($1,939.00) for the Fall 2012 lease payment; b. Seventy-Five Dollars ($75.00) late fee for the Fall 2012 lease payment; c. Two Thousand Two Hundred Thirty-Nine Dollars ($2,239.00) for the Spring Semester lease payment; and d. Seventy-Five Dollars ($75.00) late fee for the Spring 2013 lease payment. 16. As of the date of this Complaint, Defendant owes Plaintiff the sum of Four Thousand Three Hundred Twenty-Eight Dollars ($4,328.00) for rent and late fees. 17. Despite Plaintiff's demands for payment, Defendant has failed to pay to Plaintiff all sums due and owing under the Lease Agreement. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Three Hundred Twenty-Eight Dollars ($4,328.00)together with costs in connection with this action. SALZMANN HUGHES, P.C. By: anc yers, Esquire Attorney I.D.No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: , 2013 Attorney for Plaintiff VERIFICATION I have read the statements made in this Complaint and they are true and correct to the best of nay knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. §4904,relating to unsworn falsification to authorities. Keystone Real Estate Group,LP Date: '�1bp By: Mary ttz Adams, li Operating Officer Madison/Brookside/Creekside Court Apartments LEASE AGREEMENT STATE OF PENNSLYVANtA,COUNTY OF CUMBERLAND v.091611 This LEASE AGREEMENT(-LEASE!,made and entered into as of today.DATE 2012-07-ui by and between MADISON COURT LLCI CREEKSIOFE COURT LLC("OWNER")__ and__ AnOraw DiMptip-0 _('TENANT') and J-TENANT'), The PREMISES will be managed by CAPM,LLC and is the OWNER'S agent(AGENT*)with address of 14 Kenneth Ave Apt 2/2 Morningstar Lane Suite A Shipponsburg PA 17257, WITNE$SM:That the OWNER does hereby rent and lease to TENANT and TENANT does hem-by rent.kind lease from OWNER,.the following PREMISES(•PREMISES")under the following lerms: Property: MC/VBCA/CCA Building Addross; ApariMent; SMOTA 6 RM 1 Lease Period: 2 80010slars Mavo-in Dale: 2012-00.24 Mova*out Daw Installment Amounts, Fall Partial- 0oa Fall Remaining Balance,: 2,239,00 Spring: Payment Due Dates: Fall ParliaWilly 10,2012 Fall I4TTmb0f1w2012 Total Leaso Payment. 54A78,00 ONE:LEASE-GENERAL TERMS. This LEASE Is made in contemplation of the fact that TENANT Is lawfully residing in the United States and. has some officiai.connectlon With Shipprensburg University,either as a(U041me student.of other connection recognised by AGENT, IC such connection should cease or legal residency status should change, Elf AGENTS discretion,AGENT may terminate this LEASE immediately. TENANT may be deemed a TENANT at Sufferance In whion 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 agrees that hofshe is 18 years of ago or older and capable to sign this LEASE TENANT Is responsible tar the terms of this LEASE and full payment of rent for the entire LEASE PERIOD.It any rental payment falls in arrears over 5 days,the full rental amount(or the entire LEASE PERIOD becomes due at once and all SECURITY DEPOSITS will be forfeited.If TENANT falls in arrears -ever 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 time,OWNER may take any legal action necessary to obtain FULL payment of amount due and the OWNER may re-rent the bedroGnI to mitigate damages.TENANT will not be able to rely on any prior oral or written representations by OWNER or .AGENT:Any exceptions to the LEASE or work to be performed by OWNER must be written by OWNER,acopy given to TENANT and Initiated by TENANT. TWO:RESERVATION FEE&SECURITY DEPOSIT,AGENT acknowledges receipt from TENANT in fire amount of Three Hundred U.S.Dollars(S300.00).as a NON-REFUNDABLE RESERVATION foe that Will be forfeited if this LEASE is breached by TENANT(or any reason whatsoever.Upon receipt of 1,11 LEASE payment from TENANT,.the NON-REFUNDABLE RESERVATION FEE will be converted to a SECURITY DEPOSIT at which time AGENT accepts the SECURITY DEPOSIT in the amount of Three Hundred U.S Dollars ($300.00)as collateral(of which One Hundred U.S.Dollars($100.0,0)is NON-REFUNDABLE)for the full and faithful performance by TENANT of each and every provision,wirenoril,condition,and for the entire LEASE PERIOD,Including the payment of late fees and other charges that ffiray be assessed,Commencing on the date hordof,It the LEASE is broken for any mason(eg,,drops out of school,changes their mind,Is found In viclallon of the Rules and Regulations Addendum,elcj,the full SECURITY DEPOSIT of the TENANT Will be forfeited along with airy other money hold by AGENT I OWNER including but not limited to rent outstanding and fees.If the apartment is condemned at any time due to the fault of'o TENANT,all SECURITY DEPOSIT and,other monies held by the OWNER Will be forfeited In their entirety.The SECURITY DEPOSIT may,rim Linder any conditions be deducted by the TENANT from any bills that are due.The SECURITY DEPOSIT will be held U41UI all provisions of this LEASE have been fulfilled(including vacating of PREMISES on time,siseSection TWELVE!MOVE-01.1t,below),If a TENANT terminates this LEASE before the commencerhont date for any reason,all monies Including RESERVATION FEES and SECURITY DEPOSITS will be forfeited as well as the rent that has been paid.In addition,TENANT will owe AGENT the FULL amount of monies due stated In this LEASE.(see Section THREE,LEASE PAYMENTS,below)At AGENTS discretion,a poillon may be returned less administrative costs;fiend when the Apartment is re-rented prior to the commencement of the LEASE.Any portion of the SECURITY DEPOSIT may be Withheld for unpaid rcnL damage due to breach of MIS LEASE or for darriage-above and beyond normal vvear and fear by TENANT,by other TENANT'S employees,quests or Invitees. In the event that any part of the SECURITY DEPOSIT shall have been utiliked by the AGENT in accordance with(he forms hevoin or applicable taw.I"ENANT shall upon delivery of notice,make payable within five(5)busineds,days an amount equal to the charges assessed so that OWNERshall have the full SECURITY DEPOSIT on hand at all 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 wMeed the amount of the SECURITY DEPOSIT,or arty ny waiver of any other rights the AGENT may have against the TENANT,at law or in equity,by reason of the TENANT defoLk in the event of damages suffered by the OWNER by reason of the TENANT default,which'exceed the amount of the deposit,the OWNER shall Erne entitled to such additional damages along with the cost of exerclsing Its rigbisi including attorneys'Peas to recover monies owed,RTENANT signs a new LEASE for a new LEASE PERIOD for the same unit and their SECURITY DEPOSIT Is pakt andfor 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 r4arfingtimiferstanding this LEASE and hisrhei right to consult with an attorney concerning LEASE and oil addendtims, 6njmw 0INT01100 TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS 'THREE:LEASE PAYMENTS. LEASE payments can be made at the AGENTS Leasing Office or online at wwr-w Via check. certified check,money order,ACH checking account debit or credit card chargO: Failure of TENANT to pay any payment when due,OWNER/ AGENT has the right,at it's option,to terminate the LEASE immediately,TENANT shall be deemed a TENANT of sufferance,and TENANT Shall at once vacate the PREMISES,AGENT may re-enter and take possession of the PREMISES.These rights of the OWNER are 4urnulatYve and not m-stdclive,of any other rights under the taw,and failure on the part of the-OWNEWAGENT in avail Itself of(hose rights ft any paril particular time shall not constitute a walver thereof, AGENT Page 1 or 12 EXHIBIT I - A if applicable,'TENANT acknowlritfgas Ifni a parent of Sponsor has executed a PARENTAL,OR SPONSOR'S GUARANTY ADVENDUM In connection of LEASE,which,among other things,allows AGENT to process payments for sums duo from TENAW'undin LEASE,including but not limited to mat,late fees,property damage,repair costs,animal violation charges,re•letting charges,utility charges.fines,or other amounts to such parent at sponsor's authorized credit card if not pzild 4y TENANT, Unpaid rent charges will he charged in the authorized credlf card if payments are not received by 8:00 am on the tenth day of the month. PAYMENTS Amount RESERVATION FEE SECURITY DEPOSIT APPLICATION FEE 5.0 New Tarrant,So Rcwmjnajrrtywt PRO-RATED RENT TOTAI,INITtAL PAYMENT $300�00 Torn)of LEASE(9 of months) 28arneston, TOTAL LEASE PAYMENT DUE; All chocks are written 10 MCA LLC for Madison lBrookside Court Apartments or CCA LLC for Cretkside Court Apartments Prorated Rent S 0q0, due Payment 1:S 0--05---a9—e -hay 16,201� Payment 5,$ due Payment 9-: S--,—due Payment 2,kL,z39-02—due jptl: 6,2012 Payment 6: due Payment 10-!k due-- Payment 3:S 2,23q.00 due Noveirber 1,2012, Payment 7, 11:S due Payment 4-: dub----Payment 8; duo payment 12:S due TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendums, Androw DiMahw 2012-07-115 TENANT PRINTED NAME DATE WITNESS FOUR:LATE CHARGES&BANK RETURNED CHECKS,TENANT agrees to pay any and all cost-;or percentages of collections to OWNER that may hour during the.collecting of a debt.A Seventy-five U.$,Dollars($75.00)Into fee will apply to all rent due and all charges billed to TENANT(including but not limited to utility and repair charges)that are not received by OWNER within five(5)calendar days of date.TENANT agrees that Shy 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 CouM 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)handlIngladmintsirallve fee for any shade 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 addandurns, ANrew Dil-Aaft" 2012-07-16 TENANT PRINTED NAME :�-N—WOTMDIMU A E DATE WITNESS FIVE:EXCESS UTILITY CHARGES. All utilities such as water,sewer,electric,trash collection are Included in the LEASE payment.TENANT shot),however,for any one month period the ,total or charges for water,sewage,gas and electricity erceed the following per apartment type:3-bed unit-$160 Per month,for a 4-bed unit-$180 per month,"I'ENANT shall Immediately reimburse AGENT,as additional rent,TENANTS pro ralar them of such excess tuffity charges,On Or about the 25th AGENT agrees to invoice TENANT(S)at theolose of month utility bunco for which Ibis overage applies complete with utility and flovernmental biftwilh the calculation of the Excess UltilyCharge,and TENANT'agrees to pay Immediately TENANT acknowledges reading/understanding this LEASE arid his/her eight to consult with an attorney concerning LEASE and all addenduffis. Anlrow 01h4aftoo 2012-07-16 TENANT PRINTED NAME TENANT SIGNATURE —D—A7E--WITNESS SIX.INTERRUPTION OF SERVICE. In no event shall AGENT be responsible for any Interruption,shortage or reduction of tifilifies and or amenities supplied to the PREMISES as a result of a utility or service,pmvider 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 pracitcalty possible.TENANT shall receive no rent reduction.nor will AGENT be flable,to TENANT,due to repairs or intertbiblion,ofaervices ofuttillies or amenities(amenities Including High Speed Internet SeMce or cable TV), appliapoes,oroquipment in or,about tho PREMISES or 5u0(6 deforl'is In the PREMISES not caused by AGENT'S fault,omission,negligence,or other misconduct;or due to the Inability of AGENT to obtain feel,utilities,or ropairtroplacement parts. SeVEWRENEWAL NOTI[CF—ft TENANT wishes to remain at MCAfBCAfCCA for the proceeding year.TENANT is requested to sign a Lease mneival pridr,October 31st of the current year, EIGHT-TERMINATION.If at arty time TENANT baroks any clause,0ittabring or Intent of this LEASE orAdde0ums at OVVNERtAGSNTt SOLE DETERMINATION LEASE MAY 13E immediately terminated,TENANT shall ba deemed a TENANT at sufferance and be required to irrrmediataty vacate the PREMISES, If of anytime during and before the axpiration of the farm of the LEASE TENANT shall remove or.Attempt to remove or vacate the Apartment,or default in any ofthboovehants staled lnthtgLEASE or Addendums.the LEASE terminates,TENANT expres0y waives the benefit of;alt acts of afteribly requiring any period of nolloo to vacate the PREMISES upon termination of thiti LEASE,and agrees to vacate immediately by such LEASE torminglion, OWNER shall have full power and authority to institute any action at low or in equity for[he collection thereof,of any and all payments owed,to proceed by distress or any other process of the few to colrecl the same,or at OWNER option,declare the LEASE(elm ended and re-enter the PREMISES andevery.part.therroofetid remove all persons there from,or to Proceed by legal action the recovery ttiareot,Furthermore.OWNER agrees that in the event of invocation of the provisions of this paragraph.OWNER may,at OWNER discretion. —AGENT Page 2 of 12 OWNER sole ahoiC4 be credited to ccouni of TENANT rrilnus any reasonable charges for de damages crother costs incurred such as advertising or commissions.Wit ssibte,file OWNER wilt provide adequate noficoof such 1, ration and relocation assistance when available,This LEASE Is assignable by the OWNER.AGENT reserves the right to reassign TENANT. TENANT acknowledges readinglunderstanding this LASE and hislhar n q ht to consult with an attorney concerning LEASE.and nil addendums, Andrew DIMall m. TENANT PRINTED NAME TENANT SIGNATURE WITNESS NINE:CASUALTY.Should the PREMISES be,destroyed or so damaged by site or other casualty as to become uninhabitable,this LEASE shall cease from the date of the fire or other casualty. TEN:MOVE-1N,TENANT agrees to take the apartment'as is."TENANT will be supplied with a move-in documentation consisting of a Walkiftrough 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 wh,11toevereufforee by TENANT for failure to deliver possession of the PREMISES at the time stipulated herein as to the dale 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 lhat all required forms have been property completed and SECURITY DEPOSIT'and ail Rents due have been received in full.TENANT has ten(10)business days from start of LEASE to accept the door lack code arid lakti possession of the PREMISES-TENANT has 24 Hours from possession of the key code and walkithrough to provide OWNER/AGENT any additional Items via tenant poilat of corrections and/or deficiencies that were not outlined on the Wilkithrough Assessment. Defects not reported within this time of the first TENANT taking possession shall be presumed to have c=unrod during the TENANT possession,Unless noted in writing within 24 hours of the first TENANT possession,the dwellingis deemed to be In good order and Acceptable!a the TENANT. ELEVEN,POSSESSION PRIOR TO COMMENCEMENT OF LEASE,If permission is granted to TENANT to enter Into possession at file 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 n daily basis for the period of occupancy prior to the LEASE slat!date. TENANT acknowledges readingiundersta tlinp If LEASEuand Ill thgr ri ht to consult with an attorney concerning LEASE and all addendurns. Afidnivi DIMAtteri 2012,07.16 TENANT PRINTED.NAME TENANT SIGNATURE DATE WITNESS TWELVE-MOVE-OUT, OWN50 encourages TENANT to review the condition of Apartment prior to vacating the PREMISES to ensure TENANT has complied with move out procedores.After the LEASE and,.,any occupancy by persons or property will cause SECURITY DEPOSIT to be forfialtadJt there AM items or trash remaining or more than one hour of cloanhig to be done,Or repairs to be madeat 5:30 PM an Ilia date the LEASE expires for Whatever reason,the entire SECURITY DEPOSIT Will be forfeited in full To ensure proper delivery of SECURITY DEPOSIT.each.TENANT must leave a tommidIng address with the OWNERIAGENT office.With the above conditions met,the SECURITY DEPOSIT will be refunded following completion at repairs to damages,or after the expiration of the LEASE(whicheveris later).Any questions regarding the amount refunded of the SECURITY DEPOSIT must be made In writing and sent to AGENTS office.After one(1)mo011 of the-issuarice,of[he returned SECURITY DEPOSIT,all SECURITY DEPOSIT matters Will be closed.TENANT will return all IvIove-Out OOCUrheMt$by 5.'30 PM on the clay the LEASE ends and leave the PREMISES in a clean and sanitary condition.This LEASE shall become null and void should conditions(ads of God,urban renewal prajqcts.condemnations,etc.)atise that require the removal of TENANT from the PREMISES.OWNER assumes no responsibility for personal items tart in the Apartment or on the PREMISES after the end of this LEASE for after TENANT break/lermiftater this LEASE).Any property 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 thereto 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 arty public or private salo,and TENANT hereby releases,holds harmless,and Indemnifies AGENT from.and against any and all claim-,to said property and again,, AGENT.AGENT may be a purchaser at any such sale. THIRTEEN: PET POLICY.Pets Of any kind are STICTLY PROHIBITED,A$200 par:lay Pet Per"Violation Will be assessed for every day the unapproved animal resides at the premises. FOURTEEN,tIOOR LOCK CODES.Door Lock Codes or any other items issued at"nova In arat,the property of the OWNER/AGENT and Must be surrendered Upon termination of residence. A door lack code change will be conducted for a forgotten or Compromised original Orldo, A Forty U.S Doliam.(540,00)Service fee Will be assessed for such change.Payment required prior to change. FIFTEEN: LOCKOUTS,Assistance for lookouts from OWNER will be assessed a Forty U.S Dollars(W.00)service fee(payment required before door code is changed)during Uusfirloss hours,and Seventy-Five U.S,Dollars(S75.00)between 5'30 p,rn.and 8:30 a.m.Monday ,through Friday and weekends. TENANT will be responsible for any damages caused by TENANT or their guests flying to access PREMISES or Interior rooms Without key Codes(such as broken windows,door jambs,locks,efo.). SIXTEEW RULES®ULATIONS. TENANTS are required to adhere to all pallci0s,and regulation-outlined below and in any publications designed for specific f6elddmw Ofielns. 1,GENERAL a.Soficitatfort and Advertising.Solicitation,sale's,and advertising Are not pormitted.proporty Without prior written authorization from AGENT,No door-lo-dobi solicitation is permitted. . . b.plirking. Only vehicles With a valid'Madison or Creeksfde'decal sticker displayed on the passenger side of The windshield in The lower right corner will beparmlited to park on the Premises. Any vehicle or Other PfOPOrlY Pad(Od On the premise without a valid decal stickerwill be .towed 41 vehicle owners risk and expense. One sticker wilt be distributed per bedroom, There WHI be a charge of Twenty U.S,Dollars($20.00)for the replacement of file sticker due to loss,theft,or destruction. Motcircyctes must park in the designated-motorcycle parking area and may not park on the asphalt. The maintenance and washing of vehicles 19 not Permitted on the PREMISES, c.Aic,ohol Policy.OWNER and AGENT adhere to all local and federal laws wncerrfin§underage alcohol consumption. Kegs of alcohol are Absolutely banned from PREMISES under any circumstances. --AGENT Pogo 3 of 14 TENANT Arldrevi DfWtW e.Community Rosponsr /.TENANTS are members of an apartment community art, -xpecirrd to act responstoly and not interfere with the rights.comfort,or safety of their rooffIrriate(s)and other students.TENANT and TENANTS GUESTS will comply with PROPERTY QUIET HOURS from'€IPM-9AM Sunday through Thursday and 2AM-9AM Friday and Saturday, Purlhermore,at any time,TENANT nor their GUESTS will not Interfere with the eight of quiet enjoyment of another other TENANT. f.Drugs.The pranufactuitrig,intent to deliver or possession of a controlled substance or drug parapripmalla is strictly prohibited,life TENANT or their Guest(s)are in violation of this rule,TENANT will be subject to I-EASE violation undlor eviction. 2.USE OF UNIT a.Guests.TENANTS are responsible for the behavior of their guests.Overnight guests may not stay morn than three consecutive nights,The invitation of a guest to a room,apartment,or suite must meet with the consent.of all roommates. Guests may not slay in lounges. IsNisitation.AGENT allows 24-hour visital:oer but does not perml(cohabilation. ir.Usaoflkoonrr, Rooms may not be used for Illegal purposes.TENANTS are responsible for ensuring that theirporsonal conduct and the conduct of their guests is not in violation of tocal,state.or federal laws.AGENT reserves the fight to inspect and perform work in student rooms,apartnient$.or suites at any time to ensure that all health,safety,maintenance,fire,and all complex policies are being followed, d.Windows and Screens.TENANTS will be charged for the replacement of broken windows deemed to be caused by i or their guest's negligence.Do not place foil,cardboard,etc.over windows.Any screen damaged by resident or guests with be replacedif repolted.TENANT will be charged accordingly aN:aymen!will be due at time of repair. e.8alconfes and Pallas.PLEASE keep balcony or patio neat an free of mops,broorns,drying towels,trash.hanging clothing to dry,eta 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.IN torches of any other article may be affixed or displayed on.the exterior windows,doors balcony,railings or exterior of Ilia building to any manner. f.Plumblng.Misuse or carelessness of drains,commodes,dishwashers,or disposals will not be tolerated.It a repair Is necessary due to TENANT negligence,TENANT account will be charged.Any leak-should be reported to the office Imen.edlately.Do not pourlireaso down drain,Rush paper towels,or feminine products in commode, 9.Additionat Fixtures or Appliances. Including but not limited to washing machine%,dryers,dishwashers,space heaters and air conditioners are not permitted, h,Nolse.TENANTS must not disturb neighbors.Keep:stereos and music levels 10 a minimum_It a.complaint is made on TENANT apartment you will.be issued a LEASE violation,TENANTS are responsible for the behavior,arit", or problems occurring due to any of TENANTS guests.TENANT and TENANTS GUESTS will comply with PROPERTY OUIET HOURS from I I PM-9AM Sunday through Thursday and 2AM-SAM Friday and Saturday,Furthermore,at any time.TENANT nor their GUESTS Will not Interfere with the right of quiel enjoyment of another other TENANT, J.Trash: AGENT provider TENANT with ample trash receptacles or dutripsters.Throwing of trash on grotirids will not he tolerated.It TtNAN'rrs found dumping trash on the site or not bringing trash bags to the durripster and not placing trash into dumpster TCNANT will be fined and Issued'a LEASE violation. TENANT will dispose of trash and garbage in The designated location and procedure as outlined by AGENT for each respective building or living area, There Is a fifty U,S.Dollar(SS0.00)charge per Incident or per hog or any violation of this policy. JI.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 of on weekends,Examples of emergencies are flooding of the apartment,loss of utilities or loss of refrigeration.Air oondilioning issues and lockouts are not considered an emergency. TENANTS will be financially 'b kJ;e nor to for any maintenance problems they cause. JikT Ail the necessary locks for TENANT unit and individual room are provided by AGENT.No forks at looking mechanisms may be chan%ed or added to main entry door or bedroom doom J.Walls;Only W or similar dou to sided tape should be used to hang pirtures,posters,etc.Shoot fork books or small nails Notes caused by other more damaging friStruments wiff subject TENANT deposit to deductible amounts accordingly.PLEASE do not attach anything of permanent nature.as a penalty will result. Painting and wallpapering of any nature is not permitted. mXire Hazards. Gat or charroat grills are not permitted Inside of units,or on the balconiesibreezeways or pallos and may not be stored In any common area on the property,nor may any type of accelerant,fuel,of other combustible material that Would increase the risk of fire,to be stored In the apartment or in any common area on the Promise. Kerosene or electric heaters or any other auxiliary treating source of burning candles or Intense is not permitted. Violations of this rule may lead to Ones and/or eviction. S.PROHISiTEO ACTIVITIES:Tbe friftving are PROHIBITED In craround PREMISES and Are subject to Immediate actionandlor removal by AGENT. a.Pets; -see Secillon THIRTEENt PET POLICY.above. b.Smoking Is not pormitiftod inside any unit.t CIgArottes are not to be thrown off the balconies or anywhere else on PREMISES, c.Welght-riftinq equipmerittweighing more than a total of 25 pounds)in rooms,apartments. d.Sicycles,except when scored tit students`rooms or In designated areas where they do not black fire exit routes, eXatorcycles,except in authorized locations parking lot areas. f,Outsideanterrinae for television or radio, 90ater beds,(oftis,and Illegal elevation orstackiing o(htmiture, h,Unaulhorited decoration of room,apartrijent,or suite suriaces or doers with paint or adhealve-badkod wall coverings such as wallpaper or contact paper. Ina air tes,Possession or Use of firearms'(inclUding BB guns,pellet guns,spring-loaded guns,or paint ball guns),ammunition. firdevorks,other dangerous weapons(Including the following,which are Illegal In West Virginia:ctefta,sticks,gravity knives, Billy,clubs.or rilghtslicks;blaCkjacks,metal knuckles,or wrist broce-type Mingis'trials),of other dangerous substances are not permitted. �Pfte 4 of'Vel NT AGENT' TENA J.Storaga or use of flammable or explosive liquids or gases including tighter fluid is not perminod, k,Possesslon and/or use of electrical equipment and appliances In private bedroom aron,-1.E(microwaves,hotplates,rninil fridges,electric healers)Is not allowed. I.Tampering with or misuse of elevators or ere and safety equipment(e g.,fire alarms,door alarms,fire extinguishers,exit signs,emergency phones,fife doors,sprinkiers,or smoke or heal sensors)and/or failure to respond to fire alarms, rn,Proppinq open of unit front door,No Item may be hung outside the building from balconies or out of windows, (.Engaging in any other activity determined to be in violation of health,fire,safety,and/or maintenance codes, o.Possession or use of candles,iniconSri,potpourri burners;chareont or gas grills,space heaters,or anything that Uses an open flame p,rdamaging or misusing OWNERS Property andlor the provided furniture(e.g.,moving furniture from public areas into individual roores,relocating or removing OWNERS Properly from a room of building,or nafting hooks into OWNERS provided furniture,Walls,calflng$,or doors). clAemoving room screens or safety bars,suspending arlices from windmr ii and/or ledges,or throwing objects of any Kind from buildings or braaZ6ways, t.Rresence art building roof areas and window ledges or in other unauthorized areas, ,;.Playing ball,Filsbea,or any other sports in Individual rooms or apairimaritS, I,Disruptive behavior orexcessive noise of any kind, of Pfiysicaf,verbal,or mental harassment of any individual, v.Changing or adding locks 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 properly or property that belongs to an individual or.group. y.Unautholzed entry Into,tampering with,or use of factfilles,property;servlces,of resources thetariging to the OWNER.Its community members,guests or licensees. TENANT acknowledges reading/understanding this LEASE and htsthgr ri lit to consult with an attorney concerning LEASE and all addendums. Aniltvw DtMafto A 2012-0746 TENANT PRINTED NAME, TENANT SIGNATURE DRrr---WITNESS SEVENTEEN:VEHICLE PARKING,Any vehicle parked by TENAW or TENANTS family,employees,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 will be towed al, 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 property lagged and funictioning passenger motor vehicle,or truck whose appearance,in AGENTS reasonable opinion,does not detract from the apartment community,and will not permit nor maintain any commercial vehicles or trucks in excess of 314 ton GVW,Ifillem,campers or boats In of about the apartment Community.TENANT shall not Use any parking area on AGENT'S property for the storage or repulk of any,rector vehicle or other properly and wilt 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,Section SEVENTEEN:VEHICLE PARKING, TENANT agrees to pay AGENT at the rate 61 Fifteen U,S.Dollars(SIS 00)per day,for the use of said parking Area.Any vehicle or other property Improperly parked,or stored,so as to block or inhibit,access 16 any clumpstor or tire tape Will be towed,or otherwise flamovad,at its owner's 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 motormehicle,parked an the PREMISES by the TENANT,its agent or Invited, 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.Aft parties living in sold apartment must be a party on the applicable,executed LEASE,with the ekeeptinn 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 notIffeation to AGENT/Owner,a maximum of seven days per calendar month,The use of the PREMISES,balconies.eltivaicir, parking spaces,laundry equipment.volleyball court,pool,grilling area,rJublioura,fitness center,Computer lab,community kitchen.and all other cornincin facilities provided by AGENT Shall be at the risk of TENANT,TENANT'S guests,invileas,employees and agents.each of whom do"hereby and release and indemnify AGENT.from and against any claim,demand,debt,liability.judgment,cost or expense,damage to person or property or Injury to or death of any person arising auto(use of such common areas,TENANT covenants that he will(a)Creep the part Of the PREMISES he uses and occupies sate and sanitary,(b)dispose of all rubbish,garbage and other wastes In a dean,safe and sanitary Manner in the large steet dumpsters provided by AGENT for the purpose only;(c)refrain and forbid his guests from Intentionally or negligently degaroying,,defecing,damaging or removing any fixture,appliance or any part of the PREMISES or common area;(it)conduct himself and require h'is 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 cam mffis,paper towels or rubbish of any kind to enter Iffedrainage pipes of the toilet,sinks orbaltilub,or the PREMISES.TENANT shall be billed for the labor and parts to repair damages due to such negligence.Such damages that occur in the shared areas at tile PREMISES are the shared responsibility of the TENANTS and resulting charges shall be divided between every TENANT of the PREMISES Unless one TENANT Wittingly assumes responsibility for said damage NINETEEN:USE OF FACILITIES AND AMENITIES.Use of all facililler and amenities Which AGENT provides for TENANT'S comfort,such as a swimming pool, parking areas,volleyball,basketba[L tanning moms,fitness Center,clubhouse and computer center,high Speed internal,cable TV(none of which facilities or ame tittles are included In the cent)solely at TENANTS awn risk,and TENANT agrees that AGENT shall not be responsibly for any Injury to person at loss or damage to properly arising out of TENANT'S use thereof,unless the same is caused solely by AGENT'S fault.emission,negligence Or other misconduct, frunherricire,TENANT will not hold AGENT/ONWeR responsible for any outages or intitAlfty to use such amenities or facilllttis.(Lc withholding fear due to outages) Th*AGIENT mayfevolke use ofany of these factutias without affecting the remainder ofthis LEASE, TENANT agrees to Comply with,and to cause TENANT'S family and guests to comply With,all rules and regulations relating to the use thereof,Which AGENT posts at or near the pool or malls to TENANT(in accordance williSIMEN.,RULES RbSULAT1614S of this LEASE.A falkire to Comply Willi said rules And regulations may result,it AGFNrs option.in AGENT revoking TENANT'S osifolf the pool, TWENTY-DISTURBANCES.,TENANT shall friatntein order In the building and shall not unlike or permit any improper noises in the bultiling or Interfere in anyway with other TENANT or those having business with.them, Nor shall TENANT,TENANT family,or guests act in a disorderly, boisterous,or Unlawful mannerbr disturb the tights,comforts,at conveniences ofotherLpo(sons,In the area in Which the PREMISES are tec* r,gd.TENANT agrees to Comply with all rule Orden.ardinant8s,and regulations of the County government and with all statutes,rules,and r.agwations'Of the state Of Pennsylvania a-nd with all statutes and(0108 and regulations of the United States and all policies and rogulallonS of AGENT(see SIXTEEN:RULES®ULATIONS,above), TENANT agrees to observe traffic regulations concerning Weed limits and parking within the area ofrctstdence. 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,rhe buildingi and for the presentation of good order Illetraln. in this regard,OWNER reserves the right to relocate TENANT to other PREMISES ray to terminate firfir LEASE If OWNER or AGENT,detenninos,that TENANT has demonstrated behavior that significantly disrupts Of poses a'danger to the PREMISES.Common areas,neighboring TENANT or Other parts or aspects of the TENANT complex In which TENANT Is located. TWENTY-ONE:ILLEGAL DRUGS,WTENANT:TENANT'S employees,agents,invitees and/or guests,engage fn,permit or facilitate any drug rewto crimintif activity,on or about the PREMISES,TENANT will be deemed to have substantially and materially breached this LEASE With such brea&-being grounds to tertinfriele TENANT'S occupancy of the PREMISES.The leor,"drug-relaled Criminal Activity"means the fliVaL Page 5 of 13 Comprehensive Drug Abusa Pfevention and Control Act(21 USC 802(6),a's arranded)or if Ilia AGENT'has ar:Auat knowledge of or has reasonable cause to befieve that the TENANT or any person on ilia PREMISES with the consent of the TENANT previously has or presently is engaged in a violation as described in ilia State Low Of Pennsylvania dealing with dwil offenses. TWENTY-TWO.LIABILITY OF AGENT.AGENT shall not be liable for any injury,damage or loss to I*.*=n or property caused by Other TENANTS or other persons,,or"used by theft,vandalism,fire,water,smoke,explosions or other causes unless the same is exclusively due to the omission,lault,negligence or other misconduct of the AGENT.Fallum or delay in enforcing LEASE covenants of other TENANTS shall not be deemed omission,fault,nagligioncie,or other misconduct on the part of the AGENT.TENANT shall defend and indemnify AGENT from any claim or liability from which AGENT Is hereby exonerated. TWENTY-THREE:AGENCY,if any employee of AGENT'S at TENANTS request,moves,handles or stores anything,or drives or parks TENANT'S motor vehicle,then and In every case,Such employee!;hall be deemed TENANT'S agent,and AGENT shall not be liable for any loss,damage at expense In connection therewith,Ali property that is on!he PREMISrS,during the term shelf be at the sole risk and responsibility a!TENANT, TWENTY-FOUR:NON-WAIVER.Failure of AGENT to insist upon a strict compliance vrilh any of the covenants,rules or regulations or any other provision of ilia LEASE,or to exercise any option herein contained,shall 601 be construed as a waiver of such A covenant,rule, MqUiation or option. All covenants,odes.regulations and options kinder ilia LEASE shall remain in(till force and effect,aril AGENT shalt not be liable or responsible to TENANT for the violation of any covenant,rule or regulation fit any other LEASE by any other TENANT. TWENTY-FIVES FURNITURE&FIXTURES, Any equipment(cabinds,shelves,furniture,appliances etc.)attached to the building with the consent of AGENT.will become to permanent part of the building and will not be retrieved without consent from the AGENT.Removal of any furnishings including all Fixtures from PREMISES is prohibited, No alterations act,,to be made to the furniture or fixtures. Additional(Urreshing brought into the PREMISES must be freestanding and dear of all existing fixtures,furniture or walls. The following Items are provided by the OWNER for TENANT use: Ix Electric Stove/ftngeX Ix Computer Desk X Ix Coffee Table X Light Fixtures-X Ix Computer Diesk ChairX 1x Ehd Table X ix Calling Fans-Varies,by Unit X Ix Under Bed Chest of Drawers X ix 3 Person Couch Ix Oversized ChalrX 1x Electric Water HeaierX Ix Full Sim Washer and DryofX ly 54'x75'of ly 36'X&O'Steel Bad Fraimax ix Double 541x75"or Ix 36"X60"Mallms"X Ix Electric Haiti Pump I Central AlrX 1x Fire Extinguisher in Kitchen X ix Dining Room TableX Dining Room Chairs X 1%Rettigorator X Ix Under Cabinet Microwave X I x Dishwasher X Mini Blinds Y ix Fire Alann System 1 Strobe Lights 1 Smoke/Pim Defection Devices&Sprinkler Heads/Fire DeltecibWX 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 I appliance I furniture supplied by OWNER shall be supplied in'as le condition. OWNER/AGENT Is not required to replace or mpaitwcli items If dathaged or warn. TENANT is rem ponl4ible for all repairs and maintenance of above items. TWENTY-SIX:MAINTENANCE.SMOKE DETECTOR BATTERIES,LIGHTSULBS.TENANT agrees to make normal repairs,to include,but not limited to,replacing light bulbs with same energy efficient light bulbs,stroke detector batteries,vacuuming and shampooing ca".1s fegulary during the course of the LEASE.TENANT Will notify AGENT of any smoke/fire detectors that are not working property Immediately and request 8 M17011'Of replacement. TENANT will pay to,any,earnage to Property If TENANT fails to notify AGENT of detective smokelrim dateelons.Any damages(broken windows.clogged commodes,entrance looks)resulting from TENANT negligence or abuse are the responsibility of the TENANT,and TENANT specifically agrees to pay lot The repair of such at the time of the repair by AGENT(seeSection 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 wIlf do Inspealifors,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 tear 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 W normal repair:;specified herein;TENANT shall not make needed repairs themselves without OWNER/AGENT written consent, TENANT Shall purchase and install 60-watt bulbs that burn out during the term of the LEASE;however. AGENT shall replace any fluorescent bulbs and Ilia vanity bulb.in the bathroom upon TENANT request. TWENTY-SEVEN:NORMAL WEAR&TEAR,Accumulation¢f excess grease andfor dirt and damage to walls,callings,floors or appliances will not be considered ordinary wear and tear and If not properly cleaned,cleaning charges will be deducted from the SECURITY DEPOSIT.It, in the OWNER sole discretion.Irish accumulates or iiVing conditicms amount to a health I safety condition.Ilion OWNER may him,appropriale ,people to clean the PREMISES to reasonable living conditions,and bill Ilia TENANT,Specifically,TENANT is responsible for any and all 'damage to their Apartment and any other Apartment(s)caused by TENANT neglect.As an example.flooding due to clogged lciilelsit lubt shoWerlsink overflows.and/or misuse of dishwasher,etc is TENANT neglar-L, WEAR AND TEAR items Only Include Items 111411 are not caused by TENANT but are a result of normal use over the years of the apartment including loose or,.stubhom door locks,lease hinges or handles on doors.worn carpeting,carpet seems unglued-worn but not chipped/bUrruscil cut counfer laps.slain on ceiling(min rain.or bad plumbing,drywall settlementfaded,chipped at cracked paint but not marks caused by TENANT;loose wallpaper.failed cAirlainis and drapes,heal blistered blinds,dirty window or door screens not caused by TENANT,sticky, window,loose faucet haprfla,toilet runs..1 and closet bi-old door off back.Damages that occur from normal wear and fair to any appliance., furniture,or housing fixtures must be reported within 5 days of the incident or such damages will be constdarad to have been caused by the TENANT. TENANT acknowledges madinaglundersta [n . LEA F Ad, 9 1�lla �,J W11vt ht lo,censult with art attorney concerning LEASE and all addaMloums. Andrew DiMililleo 2012 TENANT PRINTED NAME TENANT SIGNATURE DATE W17NF-SS IWIENTYaGHT:CLEANING,REPAIR&REPLACEMENT.TENANT Is expected to leave the unit in the exact same or better Condition 4 Was prior to their occupancy lots normal wear and tear as darined anovo. If any additional costs area incurred on the part of the AGENT/ OWNER to return the unit to the exact same condition prior to OCCUPEMOV is solo financial responsibility of Ilia TENANT, We request that the: units are treated with respect and kept in great condition for lhose,to enjoy-after your slay, CLEANING&REPAIR. It prior to Moving Ilia Items below are not claimed and left in satisfactory condition.ilia following charges are minimum$Imiouritt AGENT F,age S of 12 TENANT ,��Lvl�i. IM-1-11 potentially requiring cretin• repair are listed. The'TENANT swill be charged it such 4f A listed require cleaning or repair. Any Appliance- $35 Trash reMOVAI- $501bag Tub/Shower- $30 Cart- S35 Carpet- From$yoo Painlfrrg- S50-750 Tile Floor- $20 Closet- $15 Toilet- $20 Fire extinguisher $25 Cabinet- $35 Furniture- $35 Sink- $10 Washer- $35 Counterloos- $25 Mini Blinds $40 Countertops- $15 Dryer- $35 Furniture-any• $35 Lost Striarl Card S110 Tile- $25 Tile- silo Hole in wall- $15-75 Mirror- S10 Clogged Toilet- $50 TE14ANT acknowledges reading/understanding this LEASE and his/her right to consul[with an attorney concerning LEASE and all addendums, 2012.07-10 Androw0floattryo__ ': TENANT PRINTED NAME �i 4EARNP d NVlAWT"rUMAV: DATE WITNESS REPLACEMENT& if any items are missing or damaged beyond reasonable"wear and tear,they must be replaced upon tenancy expiration i 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 below,though these prices are subject to change and list Is a guide and not inclusive of all potential replacements Window glass- $75-250 Washer- $750 Window Screen-$75 Door Lock Code-$40 Lightbultys- $3 each Tile- $250-1.000 Fife Extinguisher$50 Dryer- $750 Doors- $75-450 Mini Blinds $50 Towel Bar- $20 Bike Rack,- $50 Countedops- $100-500 Mirrors- $75 Fridge Shelves- $30 Shower Rod- $25 Appliances- $350-750 Carper- $150-2000 Light Globes- S30 TENANT acknowledges readingluncerstiandIng this LEASE and hisrhor right to oonsull with an attorney COrycenning LEASE and all widenclums, 2012-07-1$ Andrew 01hiattoo TENANT PRINTED NAME I cWP WNAiURE7'�`j DATE WITNESS TWENTY-NINE:APARTMENT ALTERATIONS.S.TENANT is not to make any changes or 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 rurnishing&or PREMISES,and AGENT shall not be liable for any fallure to repair in the atimice of such notice, -rHIR'rY-INTERNET&NETWORK USAGE POLICY, Provided computer network system/Internet access is owned,operated and maintained byOWNERIAGENT. it is provided as toot for your."ace'Ss and a ventia for reasonable recreation only. Downloading,uploading 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 w1firesult In corrective action Including but not limited to revocation of InterneVnetwork access andfor ovictfon. Users have NO REASONABLE OWECTATION OF PRIVACY While using this Networklintery-yet access. Any and all data contained herain may be monitored,Intercepted,recorded,read,oopj0d.Or Captured In any manner by authorized personnel.System personnel or supervisors may give law enforcement officials any potential evidence or crime,fraud or user misconduct found on this and oil connected computer systems. Furthermore,law enforcement officials may be authorized to access and collect evidence from this system. USE OF THIS SYSTEM/NETWORK/INTERNET ACCESS 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 consul(with an attorney concerning LEASE and all addendumr. ArWrow 011viaitoo 2012-07-16 TENANT PRINTED NAME TENANT-SIGNATURE DATE WITNESS THIRTY-ONE:OWNER ENTRY&INSPECTIONS -.MONTHLY.OWNEWAGENT reserves the right to enter Ili(,PREMISES at reasonable tizines.whinowt prior notice to determine TENANT compliance with the forms and conditions of this LEASE,to make any repairs or perform any maintenance for-which AGENT is FouPonsiblo,and to show the PREMISES to perspective TENANT,TENANT is responsible for keeping PREMISES,Steps,hallways,and parking areas clean and presentable at all.11MO9. OWNERIAGENT reserves the tight to enter the PREMISES at any time that the AGENT in its Sere discretion,determines that there exists an emergency situation involving the PREMISES OF a situation that pr6senis a danger of damage to person or property andtor loss of life. Normally,maintenance and repair work will be•performed between the flours 0'&.30 a,m,and 5:30 palm,The OWNERIAGENT shall havelhe right-10 enter the PREMISES without prier notice In order 10 inspie6i..1he PREMISES,make necessary or agreed repafr%decorations,alterations,additions or improvements,supply necessary or agreed services or 60i I bit the dwelling,y;becR to see if the TENANT Is In ectripfiantoo,with the terms and condittorns of this LEASE or Show ft PREMISES to either,prospective or Actual purchasers,mortgaigors.TENANTS,or workmen. OWNERJAGEN-r Will enter the apartment on a monthly basis to conduct routine apartment maintenance and inspections Including pipe cbecks,HVAC filter changes,and perform pesicoryfrol nim'ures, TENANT acknqWjedqes,readity-gloriderstandfrig this LEASE and histher right to consult voith an attorney concerning LEASE and all addendurns. And".DiMitteo 2012-07-16 j ell TENANT PRINTED NAME 'A RGINAYrCrH DATE WITNESS AGENT Page 7 of 12 ^ . THIRTY-TWO-,ASSIGNMENT aSUor —IwG.TENANT to not assign this LEASE or t"sublet,ild PREMISES,mAny part thereof, rithout"aitten consent of said OWNEF NT and any transfer in violation w!his prohibition shall bc liaticalty nut!arid void. mAGENT sole discretion,AGENT may grant mw*..^u such w*mnconsent, x AGENT allows sublet,there will Two Hundred w�.Dollar fnmuoo>administration fee payable immediately. rswxwrs^al/riot,allow any other person,o,nu,$m",,regardless w age,m*mup'any part of * tu"xwitmmtvrrorwmtenmnuv^/v/owwsmv/Aocwr Subleasing",o,*"»"^p,ur anyone other than uousl"*,^` /*strictly o=x/vx°*� m addition,rooms assigned m this LEASE can only»^changed,t discretion"/AGENT v,OWNER. THIRTY-THREE:ROOM ASSIGNMENTS.TENANT v,°three*,mote u,upom"apartment agree that the apartments are designed for multiple occupancy and mo/^mEwrhwsvw,/ummnmw,asswomvn'uo",inumetem"o/m/,Lsxcsm*esnm"/Ewxwrm"me,ppammemuptp assign other occupants to TLNANrs apartment where?necessary to maintain A fully Occupied unit.Any TENANT v/°three n,more bedroom Apartment which's not fully occupied firenot m utilize m any way ilia other bed rooms"r baths, Use u/"o^cpvn/no spaces m TENANT m nswmwT guest will result/o additional remr/and administrative charges m the amount n/One*."o"du,S Dollars/a`on.om per day, There is a Two Hundred U,S,Dollar($200.00)rharge for any request of the TENANT to transfer to a now unit whether prior to or during occupancy,and such request must va approved solely by the AGENT, THIRTY-FOUR:HOMESTEAD EXEMPTIOW TENANT hereby waives and renoun�s for hifirillicirselfand family tiny and all homestead and exemptions rights tielshe at they may have under or by virtue of the Inyr,of the$late oll Pennsylvania or[lie United Stalas as against any liability[hot may accrue under this contract. rx/mv-FwE:CLIMATE CONTROL.TENANT acknowledges and u"mvrstu" ,that(a)the located mo climate fit which temperatures,humidify,and other naturally occurring conditions normally allow[tie growth of mold anti mildow in locations where dampness or ym t and(b)upon moving into the assigned,» TENANT will have control over and m,ow/cmmu concerning conditions i"the minimum Interior of the assigned space.Therefore,TENANT agrees to set thermostats to provide appropriale climate control and maintain the assigned space in a clean condition by mapping,vacuuming,or wiping hard surfaces with a household cleaner.TENANT is to remove visible molshira 0, Condensation on floors,walls,windows,ceilings and other surfaces promptly.In addition,TENANT must lake other measures as may be necessary to proven'.mold and mildew from accumulating In Ilia assigned space florluding without[initiation reporting immediately to the AGENT any evidence of water leaks or mold or mildew-like qrov�,tfi),Themicistals Are locked for tooling during spring and summer months at a /r2 Degrees d far winter months for healing it a maximum of 70 Degrees.During winter crionths thermostats should"°set= 'heal,during spning1summer months thermostats ah*wbmse'o,vvm.rna(a"seumm should always tie set nn AUTO,w addition,windows Should b=completely shut while ilia"v^cvm*=wm use,m winter and,onnwyumm=months«v ensure efficiency. rxIRrr,:,SoouoMmom AREAS,Common areas Include but aro"m limited m hallways,stairways,sidewalks,courts,an"pw^pys5_ pavilions.lounges.studies,uiffilyand m om a, and building exteriors. wv Items are ube placed mv,Attached w any common Areas Without the o ofnmemr including but not limited/ any type of antenna*satellite dish.TENANT."expected'v take every precaution toassure that common areas are not abused.TENANT is responsible for all damage and loss to the common areas cmomd by h*wo,pmembers of^/u^er family Visiting the PREMISES at,^/^m°r guests visiting ilia PREMISES,Including damage to and loss or fixtures and furnishings a,/*vvm*on areas vx wall p"damage*Ilia common areas themselves,"^mmaruir not due m negligence, TENANT shall not obstruct=rise any Sidewalk.co=entry passage,hall,n~stairway for any purpose other than Ingress and egress. THIRTY-SEVEN-FIRE SAFETY,Open Flames,Extension Cords,Space Heaters,awbecue om* n ld-1-orclics ate prohibited,Smoke Alarms will not be tampered with or rendered inoperable,.Open Mines am strictly prohibited in of around PREMISES and benealh covered areas(i.e..stairwells).except when provided by OWNER in designated areas.E-Aerislon cords(besides power strips with breaker switches) ,.and space heaters are,also prohtbfled If these items are found In use.they will immediately be Confiscated and not returned.Barbecue Grills. other(ban ones provided by OWNER,arid Tild Torches are prohibited In or around aft structures.TENANT agrees to let OWNER permanently =movai and permanently confiscate aiv grills,mrc"s at,other flammable items found In.contradiction~this provision~`any~time. THIRTY-EIGHT'INDEMNITY.TENANT hereby releases AGENT from any and all damages to property or rnlu,,y to persons and Wit hold the AGENT hamitess from Aft Stich damages during ilia term of LEASE,arising froro Ilia bursting or leaking of water from any act of neigtigenoe of TENANT,ofainy CO-TENANT or adjoining TENANT or any other persons whomsoever.All personal property placed in the PREMISES,or any othefr place APPUR-TENANT thereto,shall be at TENANT sole risk,and neither OWNER nor AGIEN"I'shall not be liable to TENANT or TENANT farinhi y,employees,invilees,or licensees for any damage,toss,!halt.Caused by water,snow or Ice or destruction thereof unless caused by the sole negligence or OWNER or AGENT.TENANT understands that OWNER Insurance does not cover T ENANT,TENANT property or.guests,TENANT must have renters Insurance.tin,.And liability insurance to protect TENANT,TENANT property and guests who are Injured w .hile 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 darriage or injury caused by water,snow at ice that comes on the LEASED PREMISES: INSURANCE.Oudnq the term of this LEASE,and any extension thereof,TENANT should,at TENANTS sole cost and expense,purchase renters form homeowners.Insurance coverage providing for personal liability(bodily Injury and property clama&)coverage with a limit of not less than$640.000.00 each occurrence and$5,000.00 In medical payments coverage and further. providing coverage to keep TENANT'S personal properlty on and In the PREMISES Insured for the benefit of TENANT against loss or damage resulling from broad folyn named perils on a replacement cost basis.TENANT acknowledges that AGENT does not early any Insurance on TENANT'S personal 005sessions. Such insurance policy niustriame AGENT&OWNER as an"additional loss payee arid additionally Insured"on Issued Cei-ifficate of Insurance. TENANT acknowledges readinglunderstanding this LEASE and his/her right m Consult with a"attorney concerning LEASE and all addendums. �~ TENANT PRINTED NAME L 7MITNESS--- -DATE FOURTY:SJNDING EFFECT AND APPLICABLE LAW.The covenants.conditions m"a LEASES herein shall apply w and bind the helm executors,personal representatives.successors,and assigns of the parlies^eremxmmomwsmvorm/sLsmzs/,xwmmov/nvalmwr unenforceable,all other provisions shall nevertheless continue in foil force and effect. 711its LEASE shall be giveneffeci and shall be construed by application of the low of Pennsylvania. pcmnnY-vmeNunosu AND SERVICES op PROCESS.Notices be mom*a upon the TENANT m person oro;regular mail whether or not Melling m Accepted by TENANT,Writt u w AGENT vr OWNER vo required herein must bo presented uzwomoomcox uo.14 Kenneth Ave Apt 2ur xworwngs/a,Lam Suite aomnpemm`vmpA`raa. pownrv-Tum.TIME/mor THE ESSENCE. Time*w the essence o«this LEASE FOURTY-THREE: am I-EASE or application^ao*,m any *circumstance/o held invalid,that trivarldity shall IaOt affect other provisions or applications of this LEASE which can us given effect without ilia invalid provision o,application; and m(his and,the provision w this LEASE are declared to*,severable. . ~ . /wswr nag^vnt`, nEN^°'L,^ n1wom~._.� ' FOURTY-FOUR:SUBORDINATiO" 'TC°ORNMENT,ESTOPPEL CERTIFICATES. fn consider- of the ex.eculion of this LEASE by AGENT.TENANT accepts this LE, ubiect to any master leases,security interest or first merit .0ich might now or hereafter constitute a lien upon the PREMISES or any f......ing or Improvements within the apartment conmunity and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of the PRPMISES or the common areas of the apartment community.Although no instrument or act on the part of site TENANT shall be rier,essary to effucluale such:subordination.TENANT shalt,nevertheless,for the purposes of confirmation,at any time hereafter,oh demand,in the lomh(s)prescribed by AGENT.execute any instruments,certificates, releases or other documents that may be requested or required by any holder of any superior interest for the purposes of subjecting and subordinating this LEASE to flit,lien of any such master LEASE,security interest,mortgage,or superior interest.TENANT hereby appoints AGENT as his/her attorney in fact,irrevocably to execute and deliver any such instrument or document for TENANT should TENANT(ail or refuse to do so.to the event any proceedings are brought for the foreclosure of,or in the event of erercrso of the power of sate under,any 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,Lipari any such foreclosure or sale and recogniza such purchaser,orgranfee in lieu of foreclosure,as the AGENT under this LEASE.TENANT agrees to furnish(rain time to lime 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 tern of this LEASE has commenced ard 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 tills LEASE to tie made by AGENT have been Completed in the satisfaction of TENANT;that the address for notices to be sent to TENANT is as sat forth to this LEASE(or has been changed by notice duly given and Is set forth In the certificate);that TENANT,as of the data of such oenificate, has no charge,ton,or claim of offset milder tilts LEASE or otherwise against routs or other charges due or to become due hereunder;and that to the knowledge of TENANT,AGENT is not then In default undo.,ihls LEASE.The certificate shall also contain such other and further information as(nay be requested by AGENT. FOURTY-FIVE:ASSIGNABILITY. This LEASE is fully assignable to all rights,obligations of TENANT to any third party by sole derision of AGENT. FORTY-SIX:RESPECT OF AND INTERACTION WITH OWNER/AGENT Tenant understands and achooal edges that Owner,Agent is made available for their benefit.AGENT understands situations will arise during TENANTS form and requests that.TENANT.TENANTS relatives or person representing TENANT discuss any situation with AGENT in a professional manner.Any unprofessional behavior(cursing.raising of voice and any other negative attitude directed toward AGE.NTIOWNER)via e-mail,phone or In person will not be accepted.TENANT understands if such an occurrence becomes a. reality,AGENT has the option to request that the patty which is acting In such a manner return when heisho is capable of discussing the matter at hand In a professional manner.TENANT understands that AGENT does riot relate to TENANT 1n such a way and AGENT requests TENANT treats AGENT with the same respect.If TENANTITENANT s Family or person representing TENANT can not conduct themselves In a professional mariner.TENANT will be requested to remove themselves front property and the LEASE shall he nullified by both AGENT and TEANANT.I understand the preceding and will abide by its request, Andmw.DlMatteo •me•n••• 2012.01-16 TENANT PRINTED NAME ict77Kldfr'vtC — 1 — - WITNESS FORTY-SEVEN:MISCELLANEOUS I.Pets of ANY kind are strictly PROHIBITED-in all IvladlsonlCroc ksitlatBrookside Court Apartments and common areas.ANY violation or this provision by TENANT may,at AGENT option,result in any or all of the following consequences:termination of this Lease Agreement;or impositlon of a mandatory non-rifundabie(Cat assessment in the amount of two hundred dollars(5200.00)per day for such time as the TENANT has hod a pot in the leased premises, 2.No custodial service tither than In public areas is anticipated In the lease. TENANT will dispose of trash and garbage in the designated tocaton.and procedure as outlined by AGENT for each respective building or ilvfng area. 3.No item may be hung outside the building from balconies or out of windows. 4,AGENT agrees to furnish heal,water,and elechiclty(as explained In item 5 on Page 2 of this Lease),and Amenities such as cable TV and Internet access In the Madison\CreeksidekBrookside Court Apartments,In no event shalt AGENT be responsible for any interruption, shortage or reduction of utllifias supplied to the premises,no matter how caused;provided,however,that It such interruption,shortage or redil dlon 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 rare)may be conducted from the premises. Door-lu-door soliciting is not permitted. B.Front doors to units are not to be propped open at any lime. 7.1ENANT 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. &TENANT shall follow all rules and policies concerning traffic and parking as instructed so by AGENT. S.Summer Storage is offered to renewing or new TENANTS only. PDURYY•EIGHT:ENTIRE LEASE AND ADDENDUMS,The following attached 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 wfihSection SiXTEEN:RULES®ULATIONS, above. •Lease Application-Completed prior to lease signing and electronlcaliy signed. -Other'Reteases -Safety Policy -Smoke Detector Notice The following 3 addendumslforms wife be completed and signed upon Move In Day and media available on your myrentportal after completion. Walk-through Assessment Addendum Door code/Mailbox Cade Release Form Patking Permit Form Itd WITNESS WHEREOF,tare parties Gave executed In dapficate the entire contents of ihfs LEASE.TENANT acknowledges reading/ understanding this LEASE and hisiher right to consult with an attomay concerning LEASE and all addendums, The TENANT further acknowledges and agrees that this LEASE,when filled out and signed,is a binding legal obligation. AnQYOtv.OiMt+Ftao �. Andfr*�,w�nAartnrM. TENANT PRINTED NAME TENANT'SIGNATURE WITNESS Prtin.ndnWeng=r _.� Miranda wmigttr 2012.07..16 _..i AGENT PRINTED.NAME AGENT SIGNATURE WITN� E � AGENT Page 9 of is TENA4r .met Juut"'rMttt„A'q LEASE AGREEMENT-MOLD INFORMATION AND PREVENTION About Mold. Mold Is found virtually everywhere In oir enviriamillent -until indoors and outdoors and In both new And old structures, Molds are naturaffy occurring microscopic organisms that mpietfuce by sporesand have existed practically from the beginning of time,All of us have lived with mold spores all of our lives,Without Molds lie would all he 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 Ate commonly transported by shces,Clothing and other materials.When excess moisture is present Inside a dwelling mold can grow.There It conflIcting sclenliftc evidence as to what constitutes a sufficient accumulation of trioldvvirich could lead to adverse health rAffects,Nonetheless, appropriate precautions need to be taken. Preventing Mold Begins With You.In order to minfillize tile potential for mold grownt In your dwelling;you must do file followinT a)Keep your dwelling Cie'an .particularly in the lotchon,tile trathroom(s),carpels and floor..Regular vacuuming,mapping,and using a household cleaner to clean hard surfaces is important to remove the firrusehold dIrf and debris that harbor mold or((red for mold, Immediately throw away moloy food, b)Romove visible moisture accumulation on windowrs,wells,Ceilings,floors and other surfaces,"soon as reasonable possible-Look for leaks in washing machine hoses and discharge lilies -ospecially if tile lelk is large enough for water to Infiltrate rearby walls.Turn on any exhaust fans In(fie bathroom and kitchen before you start showering or cooking with open pats.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,your; (1)wipe moisture off of shower walls,shower doors,the bathtub and the bathroom floor-,(2)leave(he bathroom door open until all moisture an the mirrors and bathroom walls and file surfaces has dissipated;and(3)hang up your towels arid bath mats so they will C)P complote1W,dry out. 0 romp ty no fy us In writing about ainy air coriditioning or floating system problems you discover.Follow our rilles.if any.regarding replacement of Air filters.Alto.It is recommended that you periodically open windows and doors on days when the outdoor weather Is dry O,e,,humidity Is below 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 J2vV and"a LEASE Contratt it)repair or remody thilrilUalion.as necessary� In Order to Avoid Mold Orowth,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 wails or Ceilings can encourage mold qmwlh� Prolonged moisture can result from a wide variety or sources,such as: a)Ralnwaler leaking from roots,windows,doors and outsidewalls.as well as flood wafers rising above floor level; D)OVorflow$from showers,britlitubs.toilets,lavatories,sink%washing inAchines.dehumidifiers.refrigerator or A/C drip pans or clogged up A/C condensation fines: c)Leaks from plumbing lines or fixturnsv and leaks Into wells from bad or missing groutingicaulking arotind showers,tubs or sinks, d)Washing matbino hose Tooks,plant watering overflows,per urine,cackling spills,beverage spills and steam from excessive open prit cooking: a IlLeaks from cloth flyer discharge vents(which can Out lots of moisture into the Air):;,Arid ffinsufficleni dryinf;or carpels,cafruil pods,shower wails and bathroom floors. ItSmall Areas of Mold Have.Already Occurred on Non-porcus Surfaces(such as Ceramic tile,granite,Formica,vinyl floonag,malat,wood or plastic),the federal Environmental Protection Agency(CPA)recommends that you first clean the areas with soap(or detergent)and water, let.the surface dry,and then with in 24 hours apply a tim-mixed,spray on type household biocida,such as Lysof DisinfeciantO(original pine- scented),Tffex Mildew RemoverV or Clorox CtesnupO,(Note:Only a few of the Common household ejeaners will actually kill mold),Tilext and CtorroxG contain bleach Which can discolor or stain,Be sure to(allow the instructions on the container.Applying biockles without first chini.ning away the dirt and oils from the surfirce is like painting over paint without first cleaning and preparing the surface,Always clean and apply a blocoe 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 Vetcruirn cleaner M,th a high-efficiency particulate air(HEPA)filter can be used to help remove non-visible mold products from porous items, such as fibers In sofas,chair—driffurs and carprour -provided the fibers are completely dry.Machine washing or dry cleaning will remove Main frorp,Clothes. tio Not Clean or Apply Siocides to:(1)visible mold on porous surfaces�sucti,As sheeirock walls or ceilings,orf2)large areas clivisible mold on non-porous surfaces.Instead,notify us In writing,and we will take appropriate action in compliance with applicn.bte laws. Compliance.Complying with this EXHIBIT will help prevent mold growth in your dwelling,arid both you and we will be able to respond correctly if problems develop that Could load to mold grow1h.It you have quesfiarls regarding this EXJf&!T�pipase Contact us at the management office or at the phone number,ithow!to your LEASE -Ifyou follto comply with this EXHIBIT,you could be hold responsible for property domaga�to the dwelling and any health pioblems that may result.We carift fix,problems in your dwelling unless we know about them� PAcKAGE,RELEASE I hereby give permission to MCA/BCAICCk its AGENT.AGENT'S representatives,managing agents,and employees to accept packages on my behalf,I also hold harmless and,undarstand that,the AGENT,AGENT'$representatives,Managing aqerrts�employees and all other subsidiaries are not liable of responsible for the acceptance of such packages(flat are delivered to TENANT(0) by the United Slates Postal Service,LIPSO,FedExO,FedEx ExpreWiD.or any.other mail delivery service.This shall Include packages that are delivered to the leasing office or that are felt outside the TENANrs apartment by the deliverer,TENANT(s)shall be responsible for notifying :senders of the proper address fincludIng apartment number)and-delivery Inethods to ensure(fie package is received.in addition.I fully Understand that MCA18CAfCCA has the tight to refuse acceptance of any package(s)and hive at any lime returned so called packages If not removed front the Management office within 3 business doys. AGENY Page 10 of 12 TE NA NTE, . . ' LEASE AGREBNENT—SAFETYPOLICY We realize that safety Is a genuine concern to aff TENANTS.Although Ificre Is no way for us to guarantee protection forTENANTS who live at our proper ties.we reel that It is important for us to outline the steps that we take will'respect to Safety Issues.'the best service we can provide ratilinq to safety issuoz-is in keep you infoune.d of what we do and of what we expect yQti to do for yourspit:We feel that by keeping our TENANTS Informed.the TENANT will be able to take whatever measures they fael tire necessary to protect themselves,their guests and their rt�specfive personal belongings-The purpose of this Acknowledgement Is to axpfain the OWNER'S/AGENT'S safety philosophy,to inform you of the steps we lifie with respect to safety i,4ues and to make suggestions with respect to what steps you can like to protect yours,air what steps we lake wit))respect to safety issaes.it is absolutely imperritive trial yor,realize that there is nothing we can do to prevent rprairi from occurring.Unfortunately,crime appritirsto he a tact otlife when living in a major U.S,city. Plate is no guaratilae that any effort by either the Owner orlhe Ownef's managirly agent will in anyway increase any TENANT'S personal safety orlhe saftely of a TENANTS famlity or guests of therr respective belongings.We cannot a,"irme responsibility to,Ilia cnminal action ofthird parties.We am not to�ried police officers end in tact.have no greaterlogni right to stop crimnlitis,or enforce Isms than do you.The onlY way that you can ehlectiveily aver!the impact Ilia(Me criminal element ofollfsocialy ties upon yon atirlyotir qiwmts is to(alro zny aild all precatiflons,you can with respect to rafalyissues.Each TENANT haste realize that the local law entorcement agencies and me TENANTare responsible for the M-NANT'S safety and the safely of all quest-5. Yen should contact the local law enforcervent agencl b)Safoty Devices.We will comply with the requirements of stale law wilt)respect to providing safely devices toApariments at the property,At the commencement of your LEASE,your Apartment Is equipped with.(1)awindow latch on each exteriorwirutow:(ii) I doorknob lack or keyed deacl boll on each exterior door,(III)a sliding door pin look rm each exterior sliding ,glass door,(IV)a sliding door handle latch ore sliding door safety bar on each exterior sliding glass door;and v)a keyfess boiling device and a door viewer on each extettordoor.Upon written request to the management offl.ce.and at your expense,we will perform additional rokeyingor change a safety device pursuant to applicable state law. c)LIghting.The Is HI during hours,However,no matter how murh fighting Is,provided,wacannot eliminate all potential hiding places In lhp common areas of the Apartment Communhy,Ifyou have occasion to walk around the community at night,we urge. you to refrain from walking alone,Also always attempt to walk in welt44 areas-Once again,please appreciate ilia!light fixtures can be damaged or mr3ifunalon: d)Stiggestions regarding safety Issues Wearo relying onyou to beas cautious *sssimo with respect to yourproperly and your surroundings.Although you may develop your own safety program as you desire.you acknowledge that we have given you the following lips that we have suggested you follow� e)AIways contact themvu taw enforcement agency whenever you are m need'x safety"erv/ms�om no!contact the answering service,the management orifice or any guest service for this can only delay the response time u.weon/*mmmoov^p"umov,mmolocm/mwe"vxp,mv"taon"*vmoream/vuccepmlev/avo�px'n^`'/,mea.e"'v/no o.Ge/m know your neighbors.a°able m recognize**vwv,owr(.,are,w~"oat's In your area*/the community. c.conmn'the local law*"m"ow,mt agency:you sac that your neighbor's safety movan/e"eu:request m,tibvvuv the some for you. look your apartment door whenevoryou leave your apartment twen it you are just gone momentarily or when you are in your apartmemYour door automatically locks once closed. e.Always lock your car door whenever 11 is left unattended in the parking lot. I'M you have occasion to walk,around the Community at niqht,try to refrain from walking alone, g.Be sure the(you have a sufficient amount of insurance on your own person,your personal belongings,andthe personal belongings of your guests. b,Be aware of criminal activities in the area,In the even',that ilia itianagement becomes aware of criminalincirlatils.such as in assault of a person ora then of art,automobile,in the community or In the irrimeidiafoaraa�we will attempt to convey Information to TENANTS as soon as possible.11 is imperative that you un0orstand the lerms of this Acknowledgement-By trillialing below, you represent that you nave read and understand this Acknowledgement and that you understand that Owner/AGENT is relying upon you m use common sense and prudence.w matters concerning your safety.n you have mne regarding Omer's/ AGENTS safety policy or would like m Inquire about any items discussed/p(his Acknowledgement.please contact Vie management office. ^ocwr Pope vm.' '"~=°'[._^~��m+'�m��~_/ - 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 detocior(s),and that TENANT finds ilrthom to be In good working order. b)Repair.TENANT agrees Ihot ft is TENANT'S duty to regularly test the smoke delector(s).TENANT further agrees to notify the AGENT Immediately in willing 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 detactor(s),assuming the availability of labor and materials. c)Maintenance.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 II Willi a working battery.TENA14T may be subject to damage,civil penalties and attorney's fees for not complying with this provision. d)Replacement.TENANT agrees to reimburse the AGENT,upon request,for the cost of a now smoke detector and the installation thereof in the event TENANT,his or her guests and/or invitees damage the existing smoke deteclor(s). e)Disclaimoc TENANT acknowledges and agrees that the AGENT is not the operator,manufacturer,distributor,retailer or supplier of the smoke detector(s).TENANT assumes full and complete responslbifity for all risk and hazards attributable lo,connected with or in any way related to the operation,malfunction of[tie smoke dotector(s),regardless of whether such malfunction or failure is attributable to. connected with,Orin any way related to the use,opernllon,manufacture,disldbution,repair,servicing or installation of said smoke detector (s).No represenlallon.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 fhe alleged performance of the same,AGENT neither makes nor adopts any warranty of any nature regarding sold smoke detectors)and expressly disclaims all warranties of fitness for a particular purpose,or habitability,or any and all other expressed or implied warranties,except as expressly provided in statute,AGENT.shall not be liable for damages or losses to person or property caused by(1)TENANT'S failure to regularly test the smoke detector(s)t(2)TENANT'S lailure to notify AGENT of any problem,defect,malfunction,or failure of the smoke defector(s);(3)inert of the smoke detector(s).There are no warranties,which extend beyond the description on the face hereof. Af.1EtJ`t' Pego 12 01 12 TENAN ,,,;,.sflJa:t ,t's•X.r.:":.,,,-.� Bradley f3f.cj,jtel' Esquire 4732 Mountain View Road Harrisbijrq, pA 1.71."s.t)_21334 1")q('-qt 1'7, 2012 Madi,son Court, "0 CARM, LLC JJ.,C/Crec-k.-.Tj,(je Courf, I.I.0 11 Kenneth Ave.. Apt 2/2 Morningstar Lane Suite A shippensburg, PA 11257 re: Anthony and Andrew Ditlatter Dear 'Sirs: ti vc keen. cKoproached by the above appears that t-h(- y e referenced p�, .' have signed fo it at ShiPPensburg this year Ur separate contracts for housjjjg First, both Anthorisburg ulliversitny and Andrew signed two contracts with Sbippe cancel -by july 1, wh�icb they did not as ieqtjired in those C S. T.hen, they signed two contracts with yoll for con'tra "t' ,. . housing on July 16, 1.012, with move in dates of August P-4, 2012. cannot ft is obvious to them they live both Places. They ar ' hercLiy rescinding thei,r contracts at Creekside Court Apartmetelts, and W'Ould like you to :Lmmediat cal y proceed to re-rf-Tlt damages. the apartrqents Since they 14ave 1,10L and "Utigate any yet, Mo roturn ot any 010 ved in-, t4eY Would Cx-Pect the es paid for obviaosly could not have <`,'CuritY o�- deposit, Ve been earned. sInce they h,_ivd only been rotalned for the pu.rpo3e of givitlq yo notice, so P"ease feel free Lo send their checks directly to them Or to Contact thoin as needed. Thank you_ .5incerel.y. radley Bechtel.. EXHIBIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil t ,:'`�-• � X1.11 t�ra Case r. Mag Dist No: MDJ-09-3-01 Keystone Real Estate Group MDJ Name: Honorable H Anthony Adams V Address: 35 West Orange Street Andrew DiMatteo Shippenshurg.PA 17257 Telephone. 717-532-7G76 Keystone Real Estate Group Docket No: MJ-09301-CV-0000053-2013 TIA The Apartment Store, Real Estate Group Case Fled: 3/2812013 2 Morningstar Lane, Suite#2 Shippensburg, PA 1 225 7 Dispositions Details Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000053-2013 Keystone Real Estate Group Andrew D1M2lleo Judgmcnt for Defendant 04?*2013 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT 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 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, i OR OTHERWISE COMPLIES WITH THE JUDGMENT. DaI� Magisterial District Judge H Anthony Adams certify that this is a true and correct Copy of the record of the Proceedings containing the judgment Date Nlagistenal District Judge MDJS 315 Page 1 of 2 Pnnled.04/1612013 1038:20AM [EXHIBIT CERTIFICATE OF SERVICE I hereby certify that on the 5 day of May, 2013, I served a true and correct copy of the foregoing document via United States mail, first class,Postage prepaid,g p p d, addressed as follows: Andrew DiMatteo 525 Sam Snead Circle Etters, PA 17319 Respectfully submitted, SALZMANN HUGHES, P.C. By: an H. yers, squire _ c P NNS�YLVA OUNTY. IN T HE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff, No. 2013-2732 V. ANDREW DIMATTEO, CIVIL ACTION - LAW Defendant. PRELIMINARY OBJECTIONS AND NOW, the 1Oday of 2013, comes the Defendant, Andrew DiMatteo, through his counsel Bradley C. Bechtel, Attorney At Law, and makes these PRELIMINARY OBJECTIONS, and in support thereof avers: 1. The Complaint fails to state a cause of action in.that it does not aver any privity of contract or contract between Plaintiff and Defendant. 2. The Complaint fails to state a cause of action in that it does not attach any Agreement or other contract between Plaintiff and Defendant upon which its claim can be based. WHEREFORE, the Defendant prays Your Honorable Court to enter an Order dismissing the Complaint, with prejudice. Respectfully submitted, PENNSY ANIA GAME CO MIS N Bradley C. Becl6e Attorney At Law I.D. #49681 brbechtelggmail.com 4732 Mountain View Road Harrisburg, PA 17110 (717)877-4643 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff, No. 2013-2732 V. ANDREW DIMATTEO, CIVIL ACTION - LAW Defendant. CERTIFICATE OF SERVICE I, Bradley C. Bechtel, Attorney At Law, hereby certify the foregoing PRELIMINARY OBJECTI TS were served by depositing same in the United States First Class Mail,this day of , 2013, upon the following: Nancy H. Meyers, Esquire ID# 77064 79 St. Paul Drive Chambersburg, PA 17 Bad ey C. Be t , Attorney At Law I.D. #49681 brbechtelkemail.com 4732 Mountain View Road Harrisburg, PA 17110 (717)877-4643 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff NO: 2013-2732 CD V. r CIVIL ACTION—LAW ANDREW DIMATTEO cn ;•, Defendant y ry .. < NOTICE TO DEFEND`CD TO: Andrew DiMatteo 525 Sam Snead Circle Etters, PA 17319 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. . 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. Pennsylvania Lawyer Referral Service Pennsylvania.Bar Association 100 South Street P.O. Box 186 . Harrisburg, PA 17108 Telephone No. (800) 692-7375 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff NO: 2013-2732 V. CIVIL ACTION—LAW ANDREW DIMATTEO Defendant AMENDED COMPLAINT AND NOW, comes the Plaintiff Keystone Real Estate Group, LP, by and through their counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Complaint and in support thereof avers the following: 1. Plaintiff Keystone Real Estate Group, LP is a Pennsylvania Limited Partnership doing business as The Apartment Store with a business address of 2 Morningstar Lane, Suite 2, Shippensburg, PA, 17257. 2. Defendant Andrew DiMatteo is an adult individual residing at 525 Sam Snead Circle, Etters, PA 17319. 3. Plaintiff Keystone Real Estate Group, LP, through its subsidiary, The Apartment Store Real Estate Group, manages a residential apartment dwelling located at 8 Morningstar Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Said residential apartment dwelling, at the time the hereinafter referred to lease was entered into, was managed by CAPM, LLC, as agent for owner Madison Court, LLC/Creekside Court, LLC. 5. Madison Court, LLC and Creeks ide Court, LLC, at the time of the execution of the lease, were owned by Continuum Investments, LLC, a Maryland limited liability company registered to do business as a foreign business entity in Pennsylvania. 6. On or about March 20, 2013, Creekside Court, LLC merged with Continuum Investments, LLC. 7. Madison Court, LLC is still owned by Continuum Investments, LLC. 8. Continuum Investments, LLC now utilizes the services of Plaintiff Keystone Real Estate Group, LP as its agent to manage the residential apartment dwelling located at 8 Morningstar Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 9. As successor agent for the owner of the residential apartment building located at 8 Morningstar Lane, Plaintiff is authorized to pursue any and all claims as if Plaintiff were an original party to the lease, pursuant to Paragraph Forty of the Lease Agreement. 10. Defendant entered into a written residential Lease Agreement on or about July 16, 2012 (a true and correct copy of which is attached hereto and incorporated herein as Exhibit A) with Plaintiff for 8 Morningstar Lane, Apartment #5, Shippensburg, Cumberland County, Pennsylvania 17257 (the "Leased Property"). 11. The Lease Agreement was for the period beginning August 24, 2012 and ending on May 12, 2013. 12. The Lease Agreement required Defendant to pay the sum of Two Thousand Two Hundred Thirty-Nine Dollars ($2,239.00) on July 16, 2012 for the Fall Semester for the Leased Property, and the sum of Two Thousand Two Hundred Thirty-Nine_Dollars ($2,239.00) on November 1, 2012 for the Spring Semester for the Leased Property. 13. Defendant never took possession of the Leased Property, since he had also entered into a contract for an additional residence at Shippensburg University. See Letter,dated August 17, 2012, attached as Exhibit B. 14. Defendant failed to submit the full lease payment for the Fall 2012 semester in violation of the Lease Agreement. 15. Defendant still owes $1,939.00 on the Fall 2012 lease payment. 16. Defendant failed to submit any lease payment for Spring 2013. 17. The Lease Agreement provides for a late fee of$75.00 after the fifth day rent is not paid. 18. Plaintiff was not required to give Defendant.a notice of default as Defendant waived the right to receive a "notice to quit" or "notice to vacate" from the Landlord in Section Eight of the Lease Agreement, and also because Defendant never took possession of the Leased Property. 19. Plaintiff filed a Civil Complaint with Magisterial District Judge H. Anthony Adams (Magisterial District 09-3-01) against Defendant to recover rent and damages on March 28, 2013. 20. On April 16, 2013, after hearing, Magisterial District Judge H. Anthony Adams (Magisterial District 09-3-01) entered judgment for the Defendant. A copy of the judgment is attached hereto and incorporated herein as Exhibit C. 21. As a result of Defendant's failure to abide by the Lease Agreement, the Plaintiff's damages are as follows: a. 'One Thousand Nine Hundred Thirty-Nine Dollars ($1,939.00) for the Fall 2012 lease payment; b. Seventy-Five Dollars ($75.00) late fee for the Fall 2012 lease payment; c. Two Thousand Two Hundred Thirty-Nine Dollars ($2,239.00) for the Spring Semester lease payment; and d. Seventy-Five Dollars ($75.00) late fee for the Spring 2013 lease.payment. 22. As of the date of this Complaint, Defendant owes Plaintiff the sum of Four Thousand Three Hundred Twenty-Eight Dollars ($4,328.00) for rent and late fees. 23. Despite Plaintiff's demands for payment, Defendant has failed to pay to Plaintiff all sums due and owing under the Lease Agreement. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Three Hundred Twenty-Eight Dollars ($4,328.00) together with costs in connection with this action. SALZMANN UJGHES, P.C. By: ancy . ers, Esqu're Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated r - , 2013 Attorney for Plaintiff VERIFICATION I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904,relating to unsworn falsification to authorities. Keystone Real Estate Group, I,P Date: __._.._......_. By: M Aci--,r=t--, Mary Fra z dams, Chief Cap acing Officer MadisonBrooksidelCreekside Court Apartments LEASE AGREEMENT STATE Of PENNSLYVANIA,COUNTY OF CUMBERLAND v.091G11 This LEASE AGREEMENT(`LEASE"),made and entered into ns of today,DATE__2012-07•tti _ by and between MADISON COURT LI-CI CREEKSIDE COURT LLC(-OWNER") and_ Andrew Difvtaneo ('TENANT') and — -TENANT"), The PREMISES will be nuvTaged by CAPM,LLC and is ilia OWNER'S a gent("AGENI"')with address of 14 Kenneth Ave Ant 2/2 Morningstar Lane Suite A Shippensburg PA 17257 WITNESSETH:That the OWNER does hereby rent and lease to TENANT and TENANT dotes hereby rent and lease front OWNER•the following PREMISES('PREMISES")under the following terms: Property. MCNBCA/CCA Building Address, Apartment: Lease Period: �. 29nfe3ters __ Move-ill Dale: –_ 2012-00.24 Move-out Dale: ,,2J .l)0 Installment Amounts: Fall Partial: 0.00 Fall Remaining Balance: Spring, 2,230.On Payment Due Dales: Fall Parhal:.L4y lc.2012 Fall Remaining ealance: .uav,c.,2oi2 Spring: Novnnibnr 1.'1.012 Total Lease Payment; $4 4;0.00 ONE:LEASE-GENERAL TERMS. This LEASE is niade to conlernplotion of the fact that TENANT is lawfully residing in the United States and has some official connection with Shippensburg University,either as a full-lime student,or other connection recognized by AGENT, If such connection should cease of legal residency status should change, of AGENTS discretion,AGENT may terminate this LEASE imnmedlately. TENANT may be deemed a TENANT al sufferance in which case TENANT must at once vacate the PREMISES.TENANT shall notify[tie AGENT'S leasing office,in writing,of any cessalfon of enrollment,whether due to graduation,withdrawal,or otherwise,at least 30 days In advance of the affective date.TENANT agrees that he/she is 18 years of age or older and capable to Sign this LEASE.TENANT is responsible for ilia terms of this LEASE and full f:rayment of rent for ilia entire LEASE PERIOD.If any rental payment fats fn arrears over 5 days,ilia fill[ rental amount for the entire LEASE PERIOD becomes dua at once and all SECURITY DEPOSITS will be forfeited.11 TENANT falls in arrears over 5 days and has not contacted the office to provide intentions on payment within that period•it may be assumed that ilia TENANT has vacated the PREMISES with rte role nl to ralurn.At that time.OWNER may take any legal action necessary to obtain FULL payment of amount due and the OWNER may re-rent the bedroom to miligale damages,TENANT will riot be able to rely on any prior oral or written representations by OWNER or AGENT.Any exceptions to the LEASE or work to lye performed by OWNER must be written fly OWNER,a copy given to TENANT and initale_Yl by TENANT. TWO:RESERVATION FEE&SECURITY DEPOSIT.AGENT acknowledges receipt from TENANT in ilia amount of Three Hundred U.S.Dollars(5300,00)as a NON-REFUNDABLE RESERVATION fee that will be forfeited if IhN LEASE fs bleached by'I-ENANT for any reason whatsoever.Upon receipt of 1*'LEASE payment from TENAN'1-,file NON-REFUNDABLE RESERVATION FEE will be converted to a SECURITY DEPOSIT of which time AGENT acnepls the SECURITY DEPOSIT in the amount of Three Hundred U.S Dollars (5300.001 as collateral(of which One Hundred U.S.Dollars(5100.00)is NON-REFUNDABLE)for[lies full and faithful peifonmance,by TENANT of eacli and every provision,covenant,rendition.and for the entire LEASE PERIOD,including the payment of late fees and other charges that may be assessed.Commencing an time date hereof,if the LEASE is broken for any reason(e.g.,Amps out of school,changes their mint(,Is found in violation of the Rides and Regulations Addendum,etc.),the[till SECURITY DEPOSIT of the TENANT will be forfeited along with any other money held by AGENT/OWNER including)but not limited to rent outstanding and fees.If the apartment is condemned at any time due to the fault of a TENANT,ail SECURITY DEPOSIT and other monies held by the OWNER will be forfeited In their entirely.The SECURITY DEPOSIT may not under any conditions be deducted by[tie TENANT from any bills that are due.The SECURITY DEPOSIT will be field until all provisions of this LEASE have been fulfiller)(including vacating of PREMISES on tine,see Section TWELVE:MOVE-OUT,below),If a TENANT terminates tits LEASE before the commencement dale for any reason,all nlonles including RESERVATION FEES and SECURITY DEPOSITS wit tie forfeited as wall as the rent that has been paid.by addition.TENANT will owe AGENT the FULL amount of monies due stated In this LEASE,(see Section THREE:LEASE PAYMENTS,below)At AGENTS discretion,a partial)may be returned less adininisirauve costs.if and when[lie Apartment is ro-ranted prior to the commencement of the LEASE.Any portion of ilia SECURITY DEPOSIT-may be withheld tar unpaid rent,damage due to breach of this LEASE or far damage above and beyond normal wear anti leer by TENANT,by otter TENANT'S employees,guests or invitees. In the event that any part of the SECURITY DEPOSI'('shall have been utilizer)by Ilia AGE14T in accordance with the terms herein or applicable law,TENANT shcdl upon 4.1011vcry Of notice,make payable within five(5)business days an amount equal to the charges assessed so that OWNER shall!lave ilia (till SECURITY DEPOSIT on hand at all limes during the lean of tie LEASE and any renewal Ihereof or holding over: Acceptance of this deposit by(tie OWNER,does riot constitute any waiver of daniages that may exceed the arnounl of Ilia SECURITY DEPOSIT,or any waiver of any other rights Ilia AGENT may have against the TENANT,at law or in equity,by reason of the TENANT default, fn the even[of damages suffered by the OWNER by reason of the TENANT default,which exceed the amount of the deposit,the OWNER shall be entitled to such additional damages along with the cost of exercising its rights,including attorneys'fees to rcaovar monies owed.If TENANT signs a new LEASE fora new LEASE PERIOD for Ilia same unit and their SECURITY DEPOSIT Is Bald andfor reimbursed to full amount,fro additional SECURITY DEPOSIT Is required at signing and SECURITY DEPOSIT will carryover to the new LEASE upon time expiration of this LEASE. TENANT acknowledges readinghinderstanding this LEASE and his/her right to consult with an attorney rancerning LEASE and all addendorns. y Andn;w 011M.1foo _— •r:._;x —.r,'_• ;'._'''.�.::. _.._ 201:: TENA14T PRINTED NAME TENANT SIGNATURE DATE WITNESS THREE:LEASE PAYMENTS. LEASE payrriwits can be n ade at the AGENT's Leasinq Office or ontin+ al www.rtiyreiitpoi,tal.coni via check, certified check,money Order,ACH checking account debit or credit card charge. Failure of TENANT in pay any payment vdlon due.OWNER/ AGENT has the right,at if's option,to terminate the LEASE ininiediately,TENANT small be(learned a TENANT of sufferance,and TENANT shall of once vacate ilia PREMISES.AGENT may re-enter and take.possession of the PREMISES These lights of tae OWNER are rumula0ve and not resinrliva Or any other rights under the law,and failure on the Bart of fire OWNER/AGENT to avail itself of mesa ria-1i!I _ ,any particular Ilme shall riot conslitulr.a waiver thereof. AGctdT' File't of 12 TENAt-t�..'...,. And.�..:fun, .. EXHIBIT a If applicable,TENANT acktioweages that 1 13,11cril Of Sponsor has executed a PARENTAL OR SPONSOR'S GUARANTY A DDENDUMin connection of LEASE,which.among other things.allows AGENT to proress payments for sums dire from TENAP-tr under LEASE,Including but hot 11miled 10,f0fil,cite-l0es,litoperty damage,repair costs,animal violation charges,re-telling charges,ulilitycharges,fines of other aniomils to suet)parent of spons0i's authorized credit Card if not paid by TENANT, Unpaid tesit charges will lie charged to the authorized credit card if payments are not reco.ivetj by 6:00 am oil the tenth(10 1 day of inf,month. PAYMENTS Amount RESERVATION FEE 5100.00 SECURITY DEPOSIT APPLICATION FEE I'L11Z!!11 PRE}-RATED RENT SOOG TOTAL INITIAL PAYMENT S300,00 Term of LEASE(Ho(months) TOTAL LEASE PAYMENT DUE: S4 478.00 All checks are written to MCA LLC for Madison lBrookside Court Apartments or CCA LLC for Creekside Court Apartments Prorated Rent:S 4)W (tile Payment 1;S 6—66--o 6e j t ii-y T�T—zo—j2--`—'_-P�ay i i i e n t 5:S--d I fe Payment 0-- S Payment 2:S 2.231hilft dOe July -_2012 Payment 6: Payment 10:$ _1(� due Payment 3:S 2,215 00 Payment 7: 11: due Payment 4:S____due--_POYO'Col 8:S (life Payment 12:S due, TENANT acknowledges reading/undetslanding this LEASE and hiither right to conSiAl will)an illofney concerning LEASE and all addendams, TENANT PRINTED NAME Sii,iJilr"Litt) DATE WITNESS FOUR:LATE CHARGES&BANK RETURNED CHECKS, rENANT agrees to pay any and all costs or percentages of collections to OWNER that may incur during the collecting of a debt.A Severity-five U.S,Dollars($75.00)lave fee will apply to all rent dun and all charges billed to TENANT(Including but not limited to utility and iepair charges)that are not received by OWNER within five(5)calendar days of date.TENANT agrees that any and at(monies collected by OWNER shall be applied to the oldest charge first and the balance le the newer charge,OWNER has the right to pursue TENA14T 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 101i.TENANT also agrees to pay I Fitly U.S.Dollars($50.00)handling/administralive fee for any check or automatic withdrawal returned by banks for any reason, TENANT acknowledges tortclincilunderslanding this LEASE and his/her fight to consult with in attorney concerning LEASE and all addendums. TENANT PRINTED NAME TE N/USIGNATURE DAT E 'WITNESS FIVE:EXCESS UTILITY CHARGES. All tifilifiessuch as water,Sower,olectriu.trash rollection are included in the LEASE payment TENANT shall,however,for any one month poriod the 10101 of charges for water,sewage,gas and electricity exceed the following porapirlmont type:3-hod tint-$160 per month,(Or a 4-bed unit-$160 per month,TENANT shall irnmedlately reimburse AGENT,as additional fool.TENANT'S pro rain,bar+,of such excess utility charges Oil of about the 25th AGENTagiees to irivoire TENANT(S)at file close,of"lonill utility period for which this overage applies complete with utility and governmental bills with the CalCUlati(IM of the Excess Utility Cluligel-ImITIFNANT agrees In pay Immediately TENANT acknowledges this LEASE and hisiller rialif to consult with an attorney concerning LEASE and all TENANT PRINTED NAME TENANT SIGNATURE 5—ATEWITNESS SIX:INTERRUPTION OF SERVICE. in no event shall AGENT be responsible for any interruption.shortage at reduction of utilities and or artiontics supplied to the PREMISES.is a result of a utility or service provider issue.If interruption,shortage or reduction is potLatial issue of OWNER,then OWNER agrees to make all reasonable efforts to restore uIllifirls as sonn as reasonably and practically possible.TENANT shall receive tin rant reduction,nor will AGENT be liable to TENANT,due to repairs of interruption of services of utilities or amenities(amenities inctuoing High Speed Internet Service or cable TV), appliance-,,or equipment in or about the PREMISES or sue to delocis in the PREMISES not caused by AGENT'S fault,ornission,negligence,or other misconduct;or due to the inability of AGENT to obtain fool,titilities,or tepairliopincomeni parts, SEVEN:RENEWAL NOTICE,If TENANT wishes to roinam at h4(;NBCNCCA for thaprocooding year,TENANT is requested to sign a Lease renewal prior October 31st of the current year. EIGHT:TERMINATION,lfat any time TENANT breaks any clause,meaning or intent of this LEASE or Adderidunis at OWNEWAGENTS SOLE DETERMINATION LEASE MAY BE immediately ternifnaled.TENANT shall be deemed TENANT a(sullerance and be required to Immediately vacate the PREMISES. It at anytime during arid before tile expiration of thea teen of tire LEASE TENANT shall rernove of attempt to remove or vacate the Apartment,or default in any of the covenants stated in Illis LEASE or Addendums.the LEASE letminales.TENANT expressly waives:the betiefil of nil acts of assembly requiring any period of notice in vacate the PREMISES upon lonaination of(his LEASE and agrees to van ate ininiedialely by such LEASE termination. OWNER shall have(tilt power and authority to institute any action it law or in equity for the collection thereof,of anyand all payments owed.to proceed by distress or any other process Of the low to collect the sarn,or at OWNER option,declare the LEASE term ended and re-enter the PREMISES and evety part thereof and remove.911 persons there from,fit to I-ijoreed by leg-al nation the recovery thereof.Furthermore.OWNER agrees that In file event of invocation M the pOrivinions of this paragraph.OWNER(nay,at OWNER discretion, Af;FNT P'1 'Ic 2 of 1n 7ENA .et „r:vk a UUr•af nl"tV fL".'ft:L ffl W.I,iI JL'V f-vL . Crl.,.».�i.rir.:,y„t.al tlILY.+ril,v y I i "IL. C\.,Ili 1.1J1 fl I.', .11r i Vr4-villl aelny fvl OWNER sole choice be credited to ecoun€of TENANT minus any reasonable charges for ctef damages or other costs Incurred such as adver(tsitni or Cpmnttgsiorm Wh sstbie,the OWNER will provide adequate notice of such it. ation and relocation assistance when available.This LEASE is assienable by tine OWNER.AGENT reserves the right to reassign TENANT, TENANT acknowledges readingiunderstandinq this LEASE and hls8)er IIf It it,consult with art attorney concerning LEASE and all addendums, �,..., _._..., Mrriraw UltLtarten A--- t,-rdrr;y,njnA,n{�,w X111�-t77r6 TENANT PRINTED NAME '--�� TENANT SIGNATURE _-5A71= WITNESS NINE:CASUALTY.Should the PREMISES tie destroyed of so damaged by fire or other casually as to become uninhabitable,this LEASE shalt cease from the date of the tine or other casnaity. TEN:MOVE-IN,TENANT agrees to take the apartment"as is,-TENANT will be supplied with a move,in documentation consisting of a Waiklitrough Assessment for the apartment,documentation pertaining to fire safely 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 apaitinent after move in appointment vr'tfh AGENT has been completed oft file condition that all required forms haves beer)property completed and SECURITY DEPOSIT:and all Rents due have been received in full.TENANT'has ten(10)business:days front start of LEASE to accept[two 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 tenant portal of corrections and/or deficiencies that were not outlined on the Waikthrough Assessment, Defects not reported within this time of the first TENANT taking possession shall be presumed to have occurred during the TENANT possession,Unless 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.It permission is granted to TENANT to enter into possession of lite PREMISES prior to file date specified for the commencement of this lean of flip LEASE,TENANT covenants and agrees that such occupancy shall be deemed to be under all at the terms,covenants,rules and regulations of this LEASE,with rte rent provided for under this LEASE to be apportioned on a daily basis for the period of occupancy prior to the LEASE start date. TENANT acknowledges readidghlndefstandinq this LE�SEyanGf hislhnr ri hl to consult with an attorney concerning LEASE and all addendums. Anism t?rAlattna F`•'r'„Anus;;-u{)..... TENANT PRINTED NAME TENANT SIGNATURE N DALE WITNESS TWELVE:MOVE-OUT. OWNER onumifages TENANT to review the condition of Apartment prior to vacalinq the PREMISES to ensure TENANT has conspired with rnove out procedures.After the LEASE ends,any occupancy by persons or properly will cause SECURITY DEPOSIT to be forfeited.It there are items or trash remaining or more than Ono hour of cleaning to be done,or repairs to be made at 5;30 PM on the date the LEASE expires for whatever reason,the entire SECURITY DEPOSIT will be forfeited in full To ensure proper delivery of SECURITY DEPOSIT,each TENANT must leave a forwarding address will)the OWNERIAGENT office.With fine above conditions met,the SECURITY DEPOSIT will be refunded following completion of repairs to damages,or after the expiration of the LEASE(whichever is later).Any questions regarding the amount refunded of fire SECURITY DEPOSIT trust be made in writing and sent to AGENTS office.After one(1)month of the issuance of the returned SECURITY DEPOSIT,all SECURITY DEPOSIT mat€ers.rill be closed,TENANT will return all Movc'Out documents by 5:30 PM on Iho day lh(-LEASE ends and leave the PREMISES in a clean and sanitary condition.This LEASE shall become null and void should conditions(acts of God,urban ronewal projects,condemnations,etc.)prise than roquire lire removal of TENANT from)lie PREMISES.OWNER assumes no responsibility for personal Items felt in the Apartment or on the PREMISES after the end of this LEASE(or after TENANT brrakflmminate this LEASE).Arty property left on or about the PREMISES shall tie considered to be abandoned and at AGENTS option may became lite properly or AGENT and lite title thereto shall be oxclusiveiy presumed as having vested in AGENT by vidue of such abandonment. In disposing of said property at TENANTS EXPENSE.AGENT shall be eniifled to discard,retain,or sell same at any public or private salo,and TENANT hereby releases,holds hamaless,and indemnifies AGE14T from and against any and all c:lainns to staid property and again: AGENT.AGENT may be a purchaser al any such sale THIRTEEN: PET POLICY.Petty of any hind ire STICTLY PROH1811 ED A 3200 per day Pet Policy vinialion will be assessed for every day(tie unapproved animal resides at fill:premises. FOURTEEN:DOOR LOCK CODES,Door Lock Codris or any other items issued at move in are the property of the OWNERIAGENT and must be surrendered upon termination of residence. A dour lock code change will he conducted for a forgotten or compromised original code. A Forty U-S Dollars($40.00)service fete will he assessed far such change.Payment required Tiller to change. FIFTEEN: LOCKOUTS. Assistance for lockouts from OWNER will be assessed a Forty U,S Dollar;:($40.00)servire fee(payment required before door retle is changed)during business hours,and Seventy-Five U,S,Oullars($75,00)between 5:30 Timm,and 15:30 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 Interior roorrrs without key ru(lrs(such as broken windows,door jambs,locks,Mo.) SIXTEEN:RULES®ULATIONS. TENANTS are required to adhere real[policies and regulations oullined below and in:Illy publications designed for specific residence areas. 1,GENERAL a.Soficitation and Advertising.Solichdiun,sales,and advertising are not pormilled property without prior written authorization fruits AGENT.No door-lo-door solicitation is permNted. b.Parking. Only vehicles with a valid"Madison or Creekside"decal sticker dispiayed oil the passonger side of the windshield in the lowor right corner will bell,or'initted to park on Ilse Prainuses. Any vehicle of other property parked on the premise without is valid decal slicker will be towed 11 vehicle owner's risk and expense. One sticker wilt be distributed per hedroorn. There will be a charge of Twenly U.S Dollar;($20.00)for the replacement of the sticker due to loss.theft,or destruction. Motorcycles must park in the designaled motorcycle parking area and may not park,on the asphalt. The maintenance and washing of vehicles is not permitted on the PREMISES. c.Aicohol Policy.OWNER and AGENT adhere staff local and federal laws concerning underage alcohol consumption. Kegs of alcohol are absolutely banned from PREMISES under any circumsiances, AGENT Earlgr:i or m TENANT Andrew DlPdattnc ............. aathOriile:_ e,Cornmunfty Respons, r,TENANTS are members of an apartment conanuntly am ;Xpected to act responsibly and not Interfere with the rights,comfort,or safely of their roanfrnale(S)and other students,TENANT and TENANTS GUESTS will comply with PROPERTY QUIET HOURS from 11 PM-9AM Sunday through Thursday and 2AM-9AM Friday and Saturday. Furthermore,al any time.TENANT nor their GUESTS wilt riot interfere with tire right of quiet enjoyment of another other,TENANT. (.Drugs.The rrianufaclunny.Intent to deliver at por.sesston of controlled substance or drug paraphernalia I,-,strictly prohibited.If a TENANT or their Gljo.,qs)are in violation of this rule,TENANT be subject to LEASE violation and/or eviction 2.USE OF UNIT a,Guests,TENANTS are responsible for the behavior of their guesls.Ovemight guests may not stay more than 1hre'e, conseculive flights.The invitation of a gue_l to a Min.'apafllllcrlt-or state nitist meet with the consent of all roommates. Guests may not sla'v in lounges. b.Visitation.AGENT allows 24-hour visitation bul does not permit coliabliation. c.Use of Room. Raterns may riot be used for illaqat purposes.TENANTS are responsible for ensuring that their personal conduct and Ille,conduct of their guests Is not in violation of local.slate,or federal laws.AGENT reserves the right to Inspect and perform work in student rooms,apartments,Or SLI11P.S at any time to renquira that all health,safely,inainlenanixi,fire,and all complex policies are being followed, dMindows and Screens.TENANTS will be charged for the replacement of broken windows deemed to be caused by their or their guest's negligence.Do not place foil,cardboard,etc..over windows.Any screen damaged by resident or truest will he replacedl repaired.TENANT will be charged accordingly and payment will be duo at time of repair. e.Salconles and Patios.PLEASE keep balcony or patio rierit and free of maps,brooms.drying towels,trasli,harigirit)clothing to city,etc.A few plants and patio furniture are acceptable. A maxin)urn of 6 persons are allowed an the balcony at any one [fine No signs,flags,banners,lights,decorations,advellisenianis,IlKi torches or any other article may he afifixod of displayed on the exterior windows,doors balcony,failings or exterior of the building in fifty manner. f,Plumbfing.Misuse or varplossness of drains,commodes,dishwashers,or disposals will not be lolerafod.It I repair is necessary due is 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 femintne products fit commode 9,Addlilonal Fixtures or Appliances. Including but not linifted to washing machines,dryers.dishwashers,soace healers and air conditioners are fiat permitted- h,Nolse.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 I-EASE violation,TENANTS are responsible for the behavior,noise or problems oucutring due to any of TENANTS guests,TENANT and TENANTS GUESTS will comply will)PROPERTY OUIET HOURS from 1 IPPVI-DAM Sunday through Thursday and 2AM-9AM Friday and Saturday.Furthermore,at any time,TENANT nor their GUESTS will not Interfere wiwi 111,1 light of quiet enjoyment of another other TENANT. i.Trash. AGENT pfovi(l(--%TENANT with ample trash recriplacles of,durnlislors.Thrm,;,ing of trash on grounds will flat be tolerated.If TENANT is found dumping trash on fire site or not bringing trash bags to tire dumpster and not placing trash tmodurripsiter TENANT will lie filled and issued a LEASE violation. TENANT will dispose of lash and garbage fit the designated location and procedure is cittlined by AGENT for each respective building or living area. There Is it Fifty U,S Dollar($50.00)charge per incident or per big at any violation of!his policy. jXiintonance.Mainlonance is done on a ragolat monthly and on at)as-needed Dasis.Only emergency types of maintenance: issues will be handled alter hours or on weekends.Examples of eniorgoncirr,,are flooding of the apartment.loss of Wilittes or loss of refrigeration.Air conditioning issues arid lockouts are riot considered an eroorgenry, TENANTS will be financially responsible far any maintenance problems they cause. k.Locks.All of the necessary tacks for TENANT unit and individual learn are picivided by AGENT No locks of lacking machnnisms may be changed or added to main entry door or bedroom doors. I.Walls: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 dedticfibte amounts accordingly,PLEASE do nol attach anything of ponnanffrit nature,as it penalty will result. Painting and willpapetinIg of any nature is not perroilled. m.Fire Hazards. Gar at charcoal grills are not permitted inside of units,or on the or patios and may nol be stated in any common area on the property,nor may any type of accelorant,fuel,or other combustible material that would increase the risk of(ire,to be stared in the apartment or in any common area on the Prernise. Kerosene or electric heaters orally other auxiliary boating source or burning candles or inconse is not permitted. Violations of this note may lead to lines and/of eviction. S.PROHIBITED ACTIVITIES.The following are PROHIBITED III at around PREMISES and are subject to inirriLdiate 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 also on PREMISES. c.Weight-lifting equipment(weighing more than a total of 25 pounds)it)moms,apailmants d.Bicycles,except when stored In sludo nis'rooms Orin designated areas where they do not block fire exit rcjutes- a-Molorcycles.except in authorized locations parking lot areas. f.Outstde antennae for television or radio, g0aler beds,lofts,and Illegal elevation or stacking of furniture. h.Unaulborized decoration of local,apartment,at suite surfaces or doors with paint or adhesive-backed wall coverings such as wallpaper or ronlact paper. cNo arms.Possession or use of firearms(Including 86 guns,pallet guns,spring-loaded guns,or paint bill guns),ammunition, firework-s,other dangerous weapons(Including Ilia following,which art illegal in West Virginia:chukka sticks,gravity knives. Billy ClUbs or nighislicks,blackjacks,rnplat knuckles,or wrist hrane-tvpe slingshots).of'other dangerous substances are not peffiliat"d Page 4 of 1.1 --AGE NT TENA."ITI, !.Storage ar use of flammable Of exptostve liquids or Oases inducting lighter fluid is not pormilied. k,Possession andlor use of elecfrlcal equipment and appliances In private bedroom areas_I,E(microwaves,hotplates,mini fridges,eleckir,hentors)Is not:allowed, #.Tampering with or misuse orelevators,or€ire and sa€ely equipli ent(e.g.,fire alarms.(toot alanns,fire extinguisher:':,exit signs,emergency phones,fire doors,sprinklers.or smoke or heat sensors)andlor#ordure to respond to fire:alarms m,Propping open of unit front(loot,No Ilem may he hung outside,the building frorn balconies or out of windows. n.Engaging in any other activity determined to be in vioWflon of health,fire,safety,andlor nialnlenance codes. o.Possession or use of candles,inctins>e,potpourri burners,charcoal at gas{.)rills,space heaters,or anything that uses air open(tame p.Damaging or misusing OWNERS Property andlor Ink)provklf d furnihlre(e,g.,moving furniture from public areas into individual rooms,relocating or removing OWNERS Properly from a room or building.or nailing hooks into OWNERS provided furniture,watts,ceilings,ordoor$), q,Removing room screens or safety bars,suspending articles from windows and/or lodges,or throwing objects of arty kind from buildings or breezeways. r.Presence on building root areas and window ledges or in other unauthorized areas, s,Playing ball.Frisboe,or any other sports in individual rooms or anal till onts. I.Disrupfive behavior or excessive noise of any kind. u.Physicai,verbal,or mental harassment of arty individual, v.Changing or adding locks to individual room or apartment entrance doors, w,AmplifirAition(electrical or otherwise)of any musical instrument,Or playing of dnrms, x3lieft ar unauthorized possession of OWNERS property or property that belongs to an individual or group, y,Unnuthorized entry into,tampering with,or use of facilities,property,seriticos,or tesourcos belonging to!hc OWNER,its community members,guests or licensees, TENANT acknowledges reading/understandint-f this LEASE and hislher right to c rinsUh with an attorney concerning LEASE and all addendurns. AncirinY prkdattCn �,,. .•..,'11nArrw n:6L>nr„ Y .. 7r312•Ci7.iF,, .-_.� TENANT PRINTED NAME TENANT SIGNATURE —� Pfhl t— WITNESS SEVENTEEN:VEHICLE PARKING.Any vehicle parked by TENANT or TENANT*$tarnity,employees,agents orguests in the paring areas must display,as directed by AGENT,a valid parking decal slicker as provided by AGENT,one per TENANT,Any vehicle or other properly parked on the PREMISES without a valid parking decal sticker or not parked within our designated•lined parking spaces will tie lowed at owner's risk and expense.TENANT will obey all parking and speed regulations which AGENT may promuigate ar post and park,In the designated panting areas,only one properly fagged and functioning passenger rnolorvehicle,or trick whose appearance,in AGENT'S reasonable opinion,does riot detract from lire apartment community,and will not permil not nieinlairi any u0nuatercial vehicles or trucks in excess of 314 tort GVW,trailers,campers or boats in or about the apartment community_TENANT shall riot use any parking area on AGENT'S properly for the storage or repair of any motor vehicle or other property 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,Section SEVENTEEN:VEHICLE PARKING. TENANT agrees to pay AGENT at the rate of Fifteen U.S.Dollars(S115.00)per day,lot the use of said parking area.Any vehicle or other property improperly parked,or stored,so as to black or Inhibit access to any dumpster or fire lane will be lowed,or Otherwise removed,at its owner's risk and expense.The TENANT agrees that the AGENT shall not be responsible for any loss,theft or drtnage to the motor vehicle at to any articles left ill the motor vehicle,parked on the PREMISES by the TENANT,Its agent or invitee EIGHTEEN:USE OF PREMISES,The.TENANT shall use the PREMISES foe residential purposes only,No commercial venture or business of any kind rosy be operated front the PREMISES All parties living in said apartment Must be a patty on the applicable,executed LEASE,with the exception of minor children.The TENANT may allow temporary guest;to stay on the PREMISES.only with the consent of all i rimmates in the applicable apartment and written notification to AGENTIOwner,a maximum of seven days per raleitdar month.The use of the PREMISES,balconies,elevator, parking spaces,laundry equipmont,volleyball court,pool,grilling area,clubhouse,fitness center,computor lab,community kitchen,and all other common facilities provided by AGENT shall be aI the risk of TENANT,TENANT'S guests;,inviter_s,employees and agents,each of whom does hereby and release and indemnify AGENT from arid 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 tae 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 dunipslers 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 orjoynaent of iht.PREMISES. TENANT shall riot allow any hair.Ihread,razors,toothbrushes,boille caps,rags,paper towels or rubbish of arty kind to enter the drainage pipes of(tie toilet,sinks or bathtub of the PREMISES,'TENANT shall be billed for the labor and pails to repair damages due to such negligence,Such damages that occur in the shared areas of the PREMISES ate the sharer.}responsibility of the TENANTS and resulting charges shall be divided oetween every TENANT of the PREMISES unless one TENANT willingly assumes(esponsibilily for said damage NINETEEN:USE OF FACILITIES AND AMENITiES.Use of all facilities and amenities which AGENT provides for TENANT'S comfort,such as a swimming pool. parking areas,volleyball,basketball,tanning rooms.fitness center,clubhouse and computer center,tugh Speed Internet,cable TV(none of which facifilies or amenities are included in ilia rent)solely at TENANT'S own risk,and TENANT agrees that AGENT shall not be tesponsibiy for any injury to poison or loss or damage to properly ansinq out of TENANT'S use Ihefeot,unless tine Sarno is caused solely by AGENT'S fault,omission,negligence orrilher miscandur.,t Furttimmme,TENANT wilt next hold AGENTIONWER te�o)nnxalble fret:any outages or inability to use such amenities or wilhhaiding rent due to oulogest The AGENT only revoke use of any of these facilities wilhord affecting the remainder of this LEASE. TENANT agrees to(amply with,arid to cause'TENANT'S famlly and guests to comply will),all€ales grid regulations retaung to the use thereof,:which AGENT posts at or near the pool or malls to TENANT(in accordance withSIXTEEN:RULES 8 REGULATIONS of this LEASE.A failure to comply with said rates and regulations may result,at AGENT'S option,in AGENT revoking TENANTS use of the poet. TWENTY:OISTURBANCES.TENANT shall maintain order in the building and shall riot make or peanut any improper noises in the buttding or interfere in any way with other TENANT or those having business.vlda them, Nor shalt TENANT.TENANT family.or guests act in a disorderly, boisterous,or unlawful manner or disturb the rights,com(orts,or convonlences of other persons ill lfte area in which the PREMISES are located. TENANT agrees to comply with all rates,orders,ordinances,and regulations of the county govorrnnent and with all statutes,rules,and regulations of the Slate:of Pennsylvania and with all sial tiles and niles and regufallons of the Untied States and all policies and regulations of AGENT#see SIXTEEN:RULES®ULATIONS,above) TENANT agrees to observe traffic regulations concerning speed limits and parking within the area of residence. TENANT also will observe such other and reasonable rules and regulations as OWNER,in ilia judgment of AGENT,tyray from lone to time promulgate in writing to the TENANT for the safety,care and cleanliness of the PREMISES,the building,and for the preservation of(nod order therein, in this regard,OWNER restrrves the right to relocate TENANT to either PREMiISSES or to terminate this LEASE it OWNER or AGENT,determines that TENANT has demonstrated behavior that significantly disrupts or poses a danger to ilia PREMISES,common areas,neighboring TENANT or other pans or aspects of the TENANT complex in which TENANT is located TWENTY-ONE:ILLEGAL DRUGS,If TENAfdT,TENANT'S employees,agents,invflaes:andlor gurisis,engage in,permit or facilitate any drug related criminal activity on or abouil the PREMISES,TENANT will be deemed to Nave substantially and materially breached this LEASE with such breach being grounds le terminate TENANT'S occupancy of tine PREMISES.The term"druq•retated criminal activity`.means the itlogat . . »C,FNT Raga,, of 14 TEr4AWT[,«-y'.'•nt€;:.,r;-,"^„q, _ Comprehensive Drurl Abuse Prevention and Control Act(=i USC 842(3).as anatnded)or if ilia AGENT has actual knowledge al of has reasonable cause to believe ithat the TENANT or ally Person on life PREMISES with the consent gf the TENANT provinu,ly has or presently is engaged in a violation as described Ili the State Law Of Pennsylvania dealing with dnfg offenses. TWENTY-TWO:LIABILITY OF AGENT.AGENT shall riot be liable for any injury,damage ar toss to person tit property,caused by other TE 14ANTS or other persons,or caused by theft,vandalism,lire,water,smoke,explosions at other causes unless the same is exclusively due to the omission,fault,noghgence or other misconduct of die AGENT.Failure or delay In enforcing LEASE covenants of other TENANTS shall not be deemed omission,fault,negligence or other misconduct oft the part of the AGENT.TENANT shalt defend and indemnify AGENT from any claim or liability from which AGENT is hereby exonerated. TWENTY-THREE:AGENCY.If ally employee of AGENT'S at TENANT'S request,moves,handles or store,anything,or drives or parks TENANT'S motor vehicle,then and In every case,such empioyae Shall he deemed TENANT'S agent,and AGENT shalt not be liable for any loss,damage or expense in conneclion lholowilh.All property that is on tile.PREMISES during the term strait be at the Sole risk and responsibility of TENANT. TWENTY-FOUR:NON-WAVER.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.oegulaliona and options under Ilia LEASE shall remain in full force and effect,And AGENT shall not the liable of responsible to TENANT for ilia violation of any covenant,rule or regulation in any other LEASE riy agny Fitt lerTENANT. TWENTY-FIVE;FURNITURE&FIXTURES. Any equipment(cabinets,shelves,furniture,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 front the AGENT.Removal of any furnishings including all fixtures from PREMISES is prohibited. No alterations are to be made to tha furniture or fixtures. Additional fumishmg brought into Ilia PREMISES must tic Ireeslanding anti dear of all existing fixtures,funillure or walls. The following items are provided by the OWNER for TENANT use: 1x Electric Slovel RangeX Ix Cotuputer Desk 1x Coffee Table' Light Fixtures,K ix Computer Desk Chill ix End Table ix Ceiling Fans-Vanes by#.amt X tx Under Bad Chest of Orawers5 X ix 3 Person Couclik ix Oversized ChalrX 1x Electric Water HeaterY ix Full Size Washer and Dryefx ix 54"x75"or 1x 36"X80"Steel Bed FrameX Ix Double 54"x75`of ix 36'100"Mattress X 1x Electric Neat Plant !Central AirX ix Fire Extinguisher in Kitchen I Dining Room Table` Dining Roont Chaifs X I Refrigerator X tx tinder Cabinet Microwave Y ,x Dishwasher`t Mini Blinds f ix Fire Alarm System!Strobe Lights t Smoke/l=ire Detection Devices S Sprinkler pleads/Fire Doieclors'xl All items above are in be maintained in good repair by TENANT.Appliance.,listerf above Are provided as a convenience for the TENANT Itemsafft riot to be remover)from lire PREMISES or rearranged within the apartment al any time Without The expressed written consent of the AGENT Any fixture 1 appliance l furniture supplied by OWNER shall he supplied in"as is"condition. OWNERIAGENY Is not tagridred to replace of repair sir h items i(dArnaged ur wont TENA N-T is responsible for all tepairs and mairdonance of;above ncrns. TWENTY-SIX:MAINTENANCE,SMOKE DETECTOR BATTERIES,LiGHTBULBS.T'ENANT agrees to make;*nonnml iepans.to include,but 1101 limited t0,replacing light bulbs with same energy efficient fight bulbs,Smoke detector batteries,vacuuming find shampooing Carpets regulatty during the course of the LEASE.TENANT;hilt nofffy AGENT of any smokettiro detectomi that are not working property imaredfately and request a tepair nr replacement. TENANT will pay for any darnaele to Property d'TENANT fails to notify AGENT of defective smokeffir W detectors.Any darnages(broken windows.clogged commodes,entrance locks)resulting from TENANT negligence or abuse are the responsibility of the TENANT,And TENANT specifically agrees to pay for ilia repair or such at ilia time of the repair by AGENT(seeSect)on 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 Ito Inspections as needed.Repair costs necessitated becauso of the negligence or neglect o(TENANT. TENANT guests,invitees,or employees are ilia responsibility of the TENANT,Damages that occur from normal wear and tear to any Appliance,furniture,or housing fixture roust be reported within 5 days of the incident or such damages will be considered to have been caused by the TENANT.kept for normal repairs specified herein;TENANT shall riot make needed repairs themselves without OWNERlAGENT written consort TENANT shall purchase and install GO-watt btdbs that burn out during the terni of die LEASE;however, AGENT shall replace ally fluorescent bulbs and the vanity bulbs in the balltreodr upon TENANT request. TWENTY-SEVEN:NORMAL WEAR&TEAR.Accumulation of excess grease andtor dirt and damage to walls,coilings,floor-,or appliances will rust be considered ordinary wear and(ear and if riot properly cleaned,cleaning chargos will be deducted from the SECURITY DEPOSIT.If, in the OWNER sole discretion.trash arcumulates or living conditions amount to a health/safety condition,Ilion OWNER may hire appropriate people to clean(tie PREMISES to reasonable living conditions,And bill the TENANT,Specifically,TENANT is responsible for any and all damage to their,Apartment and any other Apartnment(s)caused by TENANT neglect,As all example.flooding due to dogged toilets.lubl showmisink overflows.#Ind!or misuse of dishwasher,etc is TENANT neglect_ WEAR AND TEAR toms only include items that are not caused by TENANT but are a result of normal use aver,the years of ilia apartment including louse or sfubb0rn door locks,loose hinges or handles on doors,worn catpoting.carpet Seams unglued,worn but not chippedtbutfled! rut counter tops,stain ore rolling from rain or bad plumbing,drywall Sol I let nenlfaded,chipped or cracked paint but not marks caused by TENANT,loose wallpafier,faded curtains and drapes,heat blistered blinds,dirty window or door screens not caused by TENANT,slicky window,loose faucet handle,taller runs,and closet bi-fotd(fear 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 TENANTacknoWedges readirgfunderslar ding n)i,,I,EA5F trio his!f rr rj,ht to consult with an attomciy concerning!_EASE and all addendurns. r.lni,,n..� Andrrwt)iMatrm �.., .,. TENANT PRINTED NAhIE -. TENANT SIGNATURE DATE WITNESS TWENTY-EIGHT:CLEANING,REPAIR&REPLACEMENT.TENANT is expected to leave the unit in the exact same:or better condition it was prior to their orcupancy tr;5;norm:):wear and tear as defirlod above. If any additi0nai costs are Incurred on the part of the AGENT! OWNER to return the Unit to the exact Sadie rendition prior to occupancy is sote financial respnnsibilily of the TENANT We request that the midis are treated with respect and knot in great condition for Otiose to enjoy after your stay. CLEANING&REPAIR_ If tailor ra n+truing the items bek7w are riot clearind and!ell in saHSfartory r.:on+itktin,the fo llowmg ehargas are - minimums amounts l AGEtJT Pa0e is of 1"t TEtdhNT�.. and,.,�,n;!.r,y,;,,• .. 1 potemraily rer}nfin.1 djan „ epair are fisted The TENANt will be charged if such tic A listed require clowning or repair-" Any Appliance- $35 Ttash removal- $50/bag Tub t Shower- S30 Carpet- $35 Carpel- From$100 Painting• 550-750 Tile Floor- $20 Closet- $15 Toilet- $20 Fire extinguisher $25 Cabinet- $35 Furniture- $35 Sink- S10 Washer- $35 Countertops- $25 Mini Blinds- $40 Countertops- $15 Dryer- $35 Furniture-any- S35 Lost Small Cam $10 Tile- $25 Tile- $15 Hale in watt- $15-75 Mirror- S 10 Clogged Toilot- $50 TENANT acknowledges reading/understanding this LEASE and hisiher rignl to consult with an allomoy concealing LEASE and all addendum:;, Andrew OfMaltno .e�ncEr^Yr ni99't.`"^....•...,,, 2412.07.16 _ TENANT Pf21NTED NAi�4E TENANT SIGNATURE DATE WITNESS REPLACEMENTS. If any items are missing or damaged beyond reasonable-"wear and tear',they must be replaced upon tenancy expiration I termination. All costs for items and anylail labor anti service charges are the responsibility of the tenant. An average fist of charges are listed below,though these prices are stiblect to change and list is a guide and not inclusive of all puherilial reptacomerits. Window glass;. $75-2,50 Washer- 5750 Window Screed-$75 Door Luck Code-$40 Light bulbs• S3 each Tile- $250-1,000 Fire Extincµtisher S50 Dryer $750 Doors- $75-450 Mini Blinds- $50 Towel Bar- a20 Bike Rack- $50 Countertops- 5100• 500 Mirrors- 575 Fridge Shelves• $30 Shower Rod- $25 Appliances- $350-750 Carpet- $150-2000 Light Globes- $30 TENANT acknowledges readingltander,tandirag this LEASE and his/her tight to consult with;an attorney roncaming LEASE and rill addendums- Andrew Watlao "2412.07-a6 TENAhlT PRINTED NAME 1 CIVMItt I�JIUIVF�j IJI�C LUIt'FWITNESS TWENTY-NINE:APARTMENT ALTERATIONS.TENANT is not to make any charities of any nature,including painflnrl.vithout first oxtail incl written consent from said AGENT,and the TENANT agrees to nulify the AGENT when any repairs are nende<,I In the furnishings or PREMISES,and AGE14T shall not be iisabie.for any failure to repair in the absence of such notice. THIRTY:INTERNET&NETWORK USAGE POLICY Provided romptiter network System/inlernel access is owned,operated and maintained fay OWNER/AGENT. It is provided as n lout for your success and a velure for reasonable recif.alion only. Downloading,upinadim or otherwise transmitting any type of illegal cuntcrit across this network is strir;tly prohibited Tttls incttlrios lraden?arkod,capydghl d anr!olhertivise restricted materiais, Any violation of Cheese policies wilt result in corrective action including but not limited to revocation of intemelinetwork access antilor eviction. Users have NO REASONABLE EXPECTATION OF PRIVACY while using this NelworWintornel access. Any and all data contained herein may be monitored,tntercnlyta ci,recorded,read,copied,or E.aplured in any manner by authorized personnel.System personnel or supervisors may give law enforcement officials any potealiai evidence of crime,fraud,or user misconduct found on this ant;all connected cornpuler syslems. Furthermore,Law enfnrmment officials may be authorized to access and collect evidence from this system, USE OF THIS SYSTEM/NETWORK/INTERNET ACCESS 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 Ott THEIR COMPUTER OR ACCESS TO THE NETWORK WILL BE DENIED, TENANT acknowledges reading Itindi rsianding this LEASE and his/her right to consult with an,attorney connceming LEASE and all addondums. Andrew'OiM;)ItQO tie i,,, 2nta-4?-16 _ TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS THIRTY-ONE:OWNER ENTRY&INSPECTIONS -MONTHLY.OWNERIAGENT reserves the right to unler the PREMISES at reasonable limes without prior notice lu determine TENANT compliance will)the terms and conditions of this LEASE,to make any repairs or perform any rnaintonance fot which AGENT is responsllale,and to show life PREMISES to perspective TENANT,1 ENANT N responsible for keeping PREMISES,steps,hallways,and packing areas clean wad presentable at ali Mmes OWNF,R/AGENT reserves Mr!right to enter the PREMISES at any lime that the AGENT in its sole discretion,duternalneS tixd there exists ten emeryoncy situation involving the PREMISES or a siluatioit utai preseru5 o tlangrr of damage la person or properly anU/ur 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 10 enter the PREMISES without prior notice in ardor to inspect the PREMISES,make necessary or agreed repairs,decneations,alferalintis,addilions or imprnvements,supply necessary or agreed services or exhibit the rtwelhng,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.mortgagor;.TENANTS,or workmen. OWNER/AGENT will enter the apartment on a monthly basis to conduct routine apartment main/+.nance and inspections Including pipe checks,HVA.0 filler changes and perform posl r-nntreil measures TENANT acknowledges wadinglunderstanding this LEASE and hisiher right to consult writh an ailorney concerning LEASE and All acfdendums. Andrew OiMmtco ___ �.-_:�:,1"4nrrrr'.�LlibL:iL•...•• . TENANT PRINTED iJAME tIVAM11T 'IU'iviilCn` DATE WITNESS AGENT Pogo 7 of 17 TENIANTL THIRTY-TWO:ASSIGNMENT&SUBLI —ING.TIENANTagiec,to[lot assirin this LEASE or to gubtirtr'Aid PREMISES,of any frail therfrof, wahout written consmil of said OWNEF NT and any transfer in violation(if this prohibition shall be hatically null and void. At AGENT sole discretion,AGENT may grant or willuld such written consent. If AGENT allows sublot.More will Two flundred US,Dollar ($200.00)adininisti altou fee payable Immediately. TENANT sh-,jit riot atiew any ollipt person.or persons.regattfless of age,to occupy any part of the apartment unit without pilot,written consent of OWNER of AGENT, Subleasi ng ill occupanc y by anyone other Ill in a SU sl uderd ii�slficllyprohlbilwid, lhaddition,rooms assigned in this LEASE can only be changed at discretion of AGENT or OWNER. THIRTY-THREE:ROOM ASSIGNMENTS.TENANT ofa three or incite bedroorn ipannitiol agree trial theafizirtmentsaral cfesigneil for multiple occupancy arid that AGENT has tire tight to make assignments during tire term of this LEASE to roassir ,In TENANT to olbef apartments at to assign other occupants to TENANT'S apartment where necessary to maintain a fully occupied unit-Any TENANT of a three or more bedroom apaulmeni which fit not fully occupied are nidt to utilize In any way(tic other bedrooms or ballis, Uso of unoccupied spaces by TENANT or TENANT guest will fesull in additional tonlal and idnimistrative,chir9ps Ili file imount of One HUndred U.S Dollars(SIOO.00)per(lay, There is a Two Hundred U.S.Dollar 1$200,00)charge for any request of the TENANT to transfer Ida flow unt whelber prior it)orduring occupancy.arid stit'.1i request must be approved solely by the AGENT, THIRTY-FOUR:HOMESTEAD EXEMPTION.TENANT hereby waives and rencrunces for hub/herself arid fainily any and all homestead arid exemptions right%he/she of they may have tinder or by virtue of tire law,,of file Sulleof Pennsylvania or file United States as against any liability that ruay accru�,under Ihis contract, THIRTY-FIVE:CLIMATE CONTROL,TENANTacknowledges arid undeistands(hal(a)the assigned spacti,Is located Ili a cliniate Ili wh�ich temperatures,humidity,and Other naturally occurring conditions normally allow file growth of mold Intl mildow in locations where dampness or moisture are present;and(b)upon moving Into the assigned space,TENANT will have control over and knowledge concoming conditions in tho interior of the assigned space.Therefore.TENANT agrees to set thermostats to provide appropriate clitnate control and maintain file assigneci space lit a clean rendition by mapping,vacuuming.or wiping hardsurfaces with a household cleaner-TENANT is to romove visible oloishne w rondensallon on floors.walls,windows.coilings and other surfaces promptly.In addition,TENANT niust Inke othor measures as may he necessary to prevent mold and mildew from accumulating In the assigned spaw(Including without limitation reporting Immediately to the AGENT any evidence of water leaks Or niold or mildew-like growth).The"n0slah;are locked for cooling during spring And summer months af a minimum of 72 Degrees and for wifthir rhonths for floating at a mrixinium of 70 Degrees.Durinq winter months thermostats should be set on heal,during spiingisuninwr months thermostats should be set on cool.The fan selling should aNvays be set on AUTO.It,addition,windows should be complately shut white the HVAC unlisare Ili use.In winter and springisurnmer months to ensure Pfficiency. THIRTY-SIX:COMMON AREAS.Common areas Include but are no!limited to hallways,stairways,sidewalks,courts,entry passaqLs, pavilions,lounges,studies,utility and storage tocills,grounds,and building exteriors, No Items art)to Ili,pl,)ced fit or atlached to any corturion areas without life express written consent of AGENT.including but riot lithiled lormy type of antenna or satellite dish.TENANT is expected to take every mecaution,to assure that coninion areas are not abused.rENANT is teSP0offIbI0 for all d,11118ge and loss to the common areas caused by Illaillinr of irmaillnis of hiqbpr family visiting tho PREMISES(,-,r his/her guests visiting the PREIAISES,including damage to and less of fixtures and furnishings it)file f'orrindin areas as wiill as daniage to file Common areni;themselves.Whollicif or riot duct it;negilgerice. TENANT shall not obstruct or ose any sidewalk..court,onlry pas,�wrge,hall,tit Moliway kit any purpose other thin Ingress and egress. THIRTY-SEVEN:FIRE SAFETY,Opeir Flaines,Eirlensfort Gofdq,Space,Heaters,Barbecue Grills,8 TikITj,,fch0s art!prohibited.Smoke Alarnis will not be lampered will)or rendered inoperable,Offer)flaniiii;.are strictly p(ohibiltid in of around PREMISES arid bone aitt coverev. sla rwalls),except when provided by OWNER h designated areas,Extension cords(besidLs power ships will)breaker switches) cated and not relumed,Barbecue Grills, arid space heaters are also prohibited.If these items are found it)rise,they will immediately be cortlis other than ones provided by OWNC R,and Tiki Tor0los are prohibited In or around all structures.TENANT agrees to let OWNER pennariently remove and Permanently confiscate any griN,torches or other flammable Items found In contradiction of[his provision at any time. THIRTY-EIGHT:INDEMNITY.TENANT hereby releases AGENT from any,and all damages to property or injuty to petsons and will hold tim AGENT harmless fromall such daniagef,during the term of LEASE,arising front the bursting or leaking of wAlLrfroin any Act of negligence of TENANT,of tiny CO-TENANTor adjoiningTENANT at any Other persons whothsoriver.All plirstin3l pioporlV placed in life PREMISES.or my Other place APPUR-TFNANT therclo,shall beat TENANT set(-,risk,and noilher OWNER nor AGEljT,,;hajI riot be,liable to TENANT or TENANT farytily.employees,invitees,or licensees for any darna9c,loss,tbolt,caused by water,show at ice or destruction thereof unless caused by the sole negligence of OWNER o,AGENT_TENANT understands that OWNER Insurance does riot cover TENANT,TENANT pioperly of guests.TENANT must hilve ranicirs Insurance,fito'and liability in-UltallCe to protect TENANT.TENANT property anO 9ijests,who arer Injured while on the property,TENANT is responsible for all datuacre to the LEASED PRSMISESand injury to people caused by TENANT, TENANT fam!IV or guests, TENANT agrees the OWNER is riot responsible to TENANT,TENANT farnily or guests for chimage or,injury caused by water,show of ice that comes on the LEASED PREMISES. THIRTYNINE:INSURANCE.During the term of this LEASE,and any extonsion thereof,TENANT should.at TENANT'S sole cost and expense,purchase renter's form homeowner's Insurance coverage providing for personal liability(bodily Injury arid property damage)coverage with I limit of not less than$500,000.00 each occurrence and S5,000.00 Ili medical payments coverage arid further, providing coverage to keop TENANT'S personal property on arid Ili hic,PREMISES Insured for the brinofil of TENANT against loss ar darnigo resulting from broad form named perils oil a replaceinow cost hasis TENANT acknowledges that AGENT cloris not carry any insurance on TENANT'S personal possessions. Such insurance policy mustname AGENT&OWNER as an"additional loss payee arid additionally insured"or)Issued Certificate of Insurance. TENANT ic:knowledges readinglunderstanding this LEASE arid filqfhor right to consult will)an,iltorney concerning LEASE and all addondums. -1 Andrew Womwo—_ F 201247-16 FOURTY:BINDING.eFFECTAND APPLICABLE LAW.The covenants.r.ondidonsand LEASES hpr�im shall apply to arid bind the heirs, extirulors,personal represcinLilives,successors and assigns of the parties fir-relo,If any provitoon of this LEASE is field to be invalid or unenforceable,all other provisions shall nevettheless continue In(till foice and effect, This LEASE.shall be given effect and sh0 be construed by application Of the.,law o(Pennsylvarna. FOURTY-ONE:NOTICES AND SERVICES OF PROCESS,Notices inay be served upon Ille TENANT ill poison or by regular mall whether or not mailing Is accepted by TENANT.Written notices to AGENT of OWNER as required hereto must be presented to,MCAJBCAICCA LLC.14 Kenneth Ave Apr 2(it 2 morrilitilsi.,lr Lane Suite AShippensbUrg PA 17257 FOURTY-TWO:TIME IS OF THE ESSENCE.Timp is of the esseure 011his LEASE FOURTY-THREE:SEVERABILITY.11 any;)revision of this LEASE or applicalion hereof I0 arly peFsOII Of Cifri.JITIMWICO is held Invalid.that Invalidity shall util affect other p(oviiioris of applications of this LEASE which can be given effect without tho InVAIM provisiclocirapplication: and to thisejoct,thoprovisfoo of this LEASEare doctored to he severable., AGErJT P;Iffe if of 12 - FOURTY-FOUR:SUBORDINATIO'• '�TTORNMENT,ESTOPPEL CERTIFICATES, lei consider, of the exerntion of lo,s LEASE by AGENT,TENANT accepts this LE. .inject to any master leases,security interest or first monk vhich freight note or hereafter constitute a lien upon the PREMISES at any f...,,amg or lntprovements within the aparhnent community and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of the PREMISES or the common areas of the apartment community.Although nn instrument or act on the part of the TENANT shall be necessary to ellectuate -,rich subordination.TENANT shall,nevedholess,for the Purposes of confirmation,et any lime hawaftni.an dernand,nt ate fomn(s)prescribed by AGENT,execute any Instrurnynts,certificates, releases or other docurnents that may be rwtuested or required by any holder of any superior Inletest for the purposes of,ubjectng 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 attorney in fart,irrevocably to execute and deliver any such instrument or document for TENANT should TENANT fail or refuse to do So.ht lute event any proceedings are brought for the foreclosure of,or of the event of exercise of the power of safe under,any mortgage made by the owner of lite apartment community or in Cite event a deed is given in lion of foreclosure of any such mortgage,TENANT shalt attorn to the purchaser,or grantee in tlou of foreclosure,upon any$rich foreclosure of sale and recognize sua:h purchaser,or grantee in tiou of foreclosure,as the AGENT under this LEASE.TENANT agrees to furnish front 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 cornmenred and the Cult rental is then accruing hereunder:the amount of rent currently being paid by the TENANT;that TENANT has accepted possession of(he PREMISES and that any improvements required by(fie forms 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 la this LEASE(orhas been changed by notice duty given and is set forth in the certificate):that TENANT,as of tire dale of surf cedfrica(e, has no charge,[left,at,claim of offset udder this LEASE or othenvise against rents ar other charges due or to become due hereunder;and that to the knowledge of TENANT,AGENT Is not then In default under Ihis LEASE..The certificate shall also contain such other and fruthcr information as may be requested by AGENT, FOURTY-FIVE:ASSIGNABILITY. 'This LEASE i s fully assignable to all rights,obligations of TENANT to arty fhicd party by so6r derision or AGENT. FORTY-SIX:RESPECT OF AND INTERACTION WITH OWNERIAGENT:Tenant understands ant acknowledges that OwnertATem is made avaliable for their benefit.AGENT understands slleiahons will also during TENANTS lean and cequesls Ibat TENANT,TENANTS relatives or person representing TENANT discuss any situation with AGENT in a professional manner,Any unprofessional behavior(cursing,raising of voice and any other negative attitude directed toward AGENVOWNER)via e-rdail,phone or in person will not be accepted.TENANT understands if such an occurrence becomes a reality,AGENT has the option to request that the party which is acting In such a manner return when he/she Is capable of discussing file matterai hand in a professional manner.TENANT understands that AGENT does not relate to TENANT to such a way and AGENT requests TENANT treats AGENT with the same respect,tf TENANTITEIVANT's Family or person representing TENANT can not conduct themselves!n a professional manner,TENANT will be requested to remove themselves from properly and the LEASE shall be nullified by both AGENT anti TEANANT.I understand the preceding and will abide by its request. —� Andrew D11,11nco 2612.67-16 TENANT PRINTED NAME c5}XNl"Sltsry/tf ONE"`" TA—fE WITNESS FORTY-SEVEN:MISCELLANEOUS 1,Pe_Is of ANY kind kite strictly PROHIBITED In all MaclisoitiCreeksi(ife\Brooksid¢Court Apartments and common areas.ANY\(rotation of this provision by'TENANT may,at AGENT option,result ire/urry or all of the following ronsequetrices:torlmnalion of this lease Agreement:or Inposdton of a otandatory not pet assessinen to the amount of two hundred dollars(5200.06)per day for such time as the TENANT has had a not in the leased promises. 2.No custodial service otter!Iran in public areas is anticipated ire the lease_ TENANT will dispose of(rash and garbage in the designated location anti prooliduro as outlined by AGENT for each respeclive,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 elecincify(as expia[nod In item s on Page 2 of this Loaso),and Allienittes such as cable TV and Internet access in file MadisonlCreekslele4Brookside Court Apartiuents,In no event shall AGENT be responsible for any Interruption, shortage or reduction of utilities supplied to the premises,no natter Novi caused;provided.however,that If such inwoupiron,shortage or reduction is caused by OWNER,than OWNER agfects to use reasonable efforts to restora utilities and anionitie s as soon as reasonably and practically possible. 5,No commercial business(including regular day care)may be conducted rforn the prolmses. Ooor•to-door soliciting is nor permitted. 6.Front doors to units are not to be propped open at any Ilnte, 7.TENANT shall not store any combustible materials out or about the premises,nor shall TENANT utilize candles,incense of other similar!tents on or about the premises. 8.TENANT shall follow all rules and policies concerning traffic and parking as instructed so by AL,FNT. 9.Summer Storage is offered to renewing or new TENANTS only, FOURTY-EIGHT:ENTIRE LEASE AND ADDENDUMS.The following attached Addendums ore expressly made part of LEASE eutd the combination of which contains the entire LEASE of the Parties anti can only be changed in writing when signed by both parties except when AGENT may uoitateraliy modify lite rules<tnd regulations conlainerl herein in accordance williSection SIXTEEN:RULES®ULATIONS, above. -Lease Application-Completed prior to lease signing and electronically signed. •Other Releases Safely Policy •Smoke Detector Notice The following 3 addendums/forms will be corelpfeted anti signed upon Move In Day and made available on your myrentportal after completion. Walk-through Assessment Addendum Door code/Mailbox Code Release Form Parking Permit Form IN WITNESS WHEREOF,fire parties have executed in duplicate(he entire contents of this LEASE TENANT acknowledges readingl understanding this LEASE and litstner right to consult with an attorney concerning LEAST-arid all addendums. The TENANT further acknowledges and At frees 1hfil this LEASE,when tiilr~ld out and signed,is a binding legal obligtition. Andrew r)iMeU410 20Q 67.16 �..�::t.�.._. TENANT PRINTED NAME TENANT SIGNATURE `�15A!�—�� WITNESS tdirinda'Ncaget htivinda WVngnr _w— _fit 2.67.1@ _ AGENT PRINTED NAME AGENT S[GNATUiIRE tITRtESS AC3t=tIT Pnaen of t.1 TLtsnrtt tuirt,,.,n,a+ nn„ - �..-. LEASE AGREEMENT— MOLD INFORMATION AND PREVENTION About Mold. Mold is found virtually everywhere in our environnent -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,All of us have lived vrih meal spores all tai Otir lives.Without maids we would all be struggling wide large amotnits of dead organic matter.Mold breaks down organic matter In the environment and uses ilia and product for Its food-Mold spores(like profit pollen)spread through the air and are community transported by shoes,clothing 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 acr,.aunUtalion of mold which could lead to adverse health affects.Nonetheless. appropriate precautions need to tae taken Preventing Motif Begins With You.to enter to minimize the potential for rooki growth in your dwelling,you must do the following: a)tteep your dwelling clean -particularly in the kiichon,the hathrooaa(s),carpets and ioors.Regular vacuuming,mapping,and using a household cleaner to clean hard surfaces Is important to ronfove the household dirt and debris that harbor mold or food for mold. Immediately throw away moldy food. b)Rernove visible moisture accumulation on windows,walls,ceilings,floors and other surfaces as soon as reasonable possible Look for looks in washing machine hoses and discharge lines -especially if ilia teak Is large enough for water to infiltrate nearby waits.Turn on any exhaust tans in ilia bathroom and kitchen belora you start showering or cooking with open pots,When showering,tae sure he keep the Shower curtain inside the tub or fully close the shower doors.Also,the experts iecommand that after taking a shower or bath:you: (t)wipe rnoisiure off at shower walls,shower doors.Ilia bathtub and ilia bathroom floor;(2)leave the bathroom door open until all moisture on ilia mirrors and bathroom walls and file surfaces has dissipated;and(3)hang up your towels antl bath mats so they will comppletely dry out, r)Promptty notify Its in wailing about any air conditioning or heating systain problems you discover.Follow our piles,if any,regarding replacement of air fillers.Also,it is recommended that you periodically open windows antl doors on days when the outdoor weather is dry(i,a.,humidify is below 50 percent)to help humid areas of your dwelling dry out. d)Promptly notify Lts In writing about any signs of wafer leaks,wiler infiltration or mold.We will respond in accordance with state law aril the LEASE Contract to repair or remedy ilia situation,as necessary. In Order to Avoid Mold Growth,it is important to Prevent excessive rfaoish.ue buildup in your dwelling.Failuf a to promptly pay attention to leaks and tnoisturo that might accumulate on dwelling surfaces or that might dot inside walls or reilinns can encourage mold growth. Prolonged moisture can result from a wide variety of sourcas,such as' a)Rainwa(er leaking Gain roofs,windows,doors and outside walls,as well as(food waters rising above floor level; ia)Ovnrflows from showers,bathtubs,toilets-lavatories,sinks,washing machines,dehumidifiers,refrigerator or A/C drip pans or riogged up A/C condensation lines: c)Leaks from plumbing lines or Uxduno,and leaks into wails from bad or missing grouhngieauiking around showers.tubs or sinks: d)Washing machine hose leaks,plonl watering overflows,per urine,cooking spills,beverage spills arm Stearn from excessive open pol cooking; e)Leaks from cloth fryer discharge vents(which can put lots of rnoisiure into the air);and Oinsufficient drying of carpets.earpel pads,shower walls and bathroom floors. if Small Areas of Mold Have Already Occurred on Non-porous Surfaces(such as ceramic.Ilia,granite,Formica,vinyl flooring,metal,wood or plastic),the federal Enwronmenial Protection Agency(EPA)retionimends that you first clean ilia areas with soap(or dratargent)and water, let the surface city,and then with ua 24 hours apply a pre-nosed,spray on typo household hiocide,such as Lysol E'3isinfectznfr?(originaf pine- srented),Tilex Mildew Removeriiia or Clorox Cieranup;:v.(Note:Only a few of the rotiinion household cleaners will actually kill mold) Tile,00 and Cktroxtif)contain btearh which can discolor or slain.Be sure to follow life tnstructiuns on the container.Applying biocides without first cleaning away ilia dirt and oils ham the surface is like painting over paste wilhuut first cleaning antl preparing the.surface,Always clean and apply a biocide to an area 5 to u limes larger than any visible mold because mold may be adjacent In quantifies not yet visible to the naked eye.A Vacuum cleaner with a high-efficiency padirulate air(HEPA)filter can be used to help remove non-visible mold products from porous iterns, such its fibers In sofas.chairs,drapes and carp,m -provided Ilia fibers are completely dry.Machine washing Or dry Gleaning will remove molt from clothes. Do Not Clean or Apply Biocides to;i1)vil lblo fooled on peroui,surfaces,such as sheetrock•.vans or callings,or(2)large,=areas fit visible mold on non-porous Surfaces.Inslea(l,notify us in sailing,and we will bate:appropriate action in rompliance with applicable bawls. compliance.Complying with this EXHIBIT'will help prevc+nt mold growth in your dwelling,and boil)you and we will be able to respond correctly if problems develop thal mould triad to mold growth If you have questions regarding this EXHIBIT,please contact its at the management office or at the phone number shown in your LEASE. if you fall to comply with this EXHIBIT,you could be held responsible for property damage to the dwelling and any health problers that may result.We can't fix problems in your dwelling unless we know about them. PACKAGE RELEASE i hereby give permission to tolCAJI3:AiCCA,its AGENT,AGENT'S representatives,nianagin,I 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 alt 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,UPSO,FedEx0i%FedEx Express'Al,or any Other mail delivery service.This shall include packages that are delivered to the leasing office or that are,left outside fife TENANT'S apartment by tae deliverer.TENANT(s)shall be responsible for notifying senders of the proper address(Including apartment number)and delivery methods to ensure Ilia package is roc ived.In addition,I fully understand that MGNBCAICCA has the right,to refuse acceptance of any packago(s)and have at any lime returned so called packages if not removed Imm the Management office wilhin:3 business clays AGENT Pat f?10eff 12 TENANT[ LEASE AGREEMENT- SAFETY POLICY We reaam ibat safety is a genuine concern to all TENANTS.Although there is no way for it,,to guaraluee protection for TENANTS who live iat our propetties.We feel that it is important for its Ill outline the steps that we take Willi(esporl it)safety issues.The best service we can provide relatinr 10 safety jssjjot�.is In keep you intofmod Of whal we doand of what we expect you to do for yourself We feet that by keeping our q TENANTS inlotinecL the TENANT will tie able to take whatever measures they feel are necessary to protect themselves,their guests slid lheit respective personal belongings-The plirlicose of this Acknowledgement is to explain[tie OWNER'S I AGENVS safety philosophy,to inform yet: of the steps we take with tospoct to safety issues and to rnakesuggestions Willi tospect to What slep';you Cali take to pfolect yourself a,lResponsitulfty,for your solifety.A/0 Matter rlhat stefir we take Will)re.-ped to safely issues,it k:rjb��rrltrfMy ifllpolrlive,�lbal yoll toolize that 11jele is nothlag we call do to fifevelit clirne trolyl occurring,Unfortunatel*V.cot?re appriars to Ile a tvct of file when fiving ill a lvajor U,S�city, There is no guarantee that ally effort by Oillref 1110 Owner Ol�the Owhol�,Inal),agaly agent will it)ally vw.iy torictease any TENANT'S personal safe ni action ,ly of the safety of a TENAN]"S family or guests of their respective belongings.wrl fe.,;ponsibility for the crinion, of third parties.14,&are not treated police officers and in loact,havo tie greatorlog,11 right 10 stop croinalefs or unforco 1mv!;than tie you,The Only way that you Call effectively overt Via anpact that the Cnillinal otonlolit of ottr society ties l4jon youlliff your giwnls is Ill talce arly ancr all precautirolls you Cal)withros ct to rafrity,hinlres.Earl)TENANT has to realize that tire local law erilarremptit aq pe ,oncies air(/file TENANT are resporisime for the TENANT'S Salle(vand the Safety Ofail guests,you Should co"mflict the local law elifolcelliellf agency (tio-orlty ityrio are in need at safety sarvlc0z� b)Salety Devices.We will cornPly Willi the requirtimcints of state law with respect to providing sai'my devices toAparlilrents at the property,At the commencement of yet)(LEASE.your Apoaftment is OqUieflod With:(1)awbidow larch or)each exterior wijlctovj�(it)a doorknob lock or keyLd dead bolt 60 each exterior door:fill)a sliding door Pill lock an riach exterior sliding � glass rfocor�fly)a sliding loor handle latch or a slidinq door safety bar oil each exterior sliding glass dcior�and(v)a keyless baiting device and a door viewer on eacil exterjordoor.Upon I Written mquest to tire management office,and at your expense.we will Pelforni additional ml<eyingor ChanPr?a safety dilvic"fourstJarll 0 applicable state law. c)LIghting.The ptoperly is Ill during evening hours.Howevef,no matter how Inuch ligilling IF provided,wecannal eliminate all potential hiding places in the coillmon<areas of tire Apallillent Community,If You havoorcasion lowalk arrivrid Illn COnlinUnity at flight.We urge you 10 retrain(roin Walking 11lone.Also-always attempt to Walk in weir-111 areas,Once-again,please appieciatO that 119111 fixtiltes C-111 be damagrid or It 1.11 it Indioll: cl)Suggestions regarding safety issue',We afe�relying frn yort to be as cautiolls Is and your 1jr1s, ,.role will,jespe.,.t vi,yotirpropi2fly surroundings,Although you May develop your own safety,program as you rtenire,you acknowledge that we have given you(Ile foliowirill lips that we have sUg9r.-stfid YOU 10110w� e)Always contact the local law enforcement agency whenever you are in need of safety services.Do not cOnlad theansweling servire:the niallagelliont office arally guest servine for this can only(relay the responre time '111011t agency ill a renijily accessible place.call"o-1 V inthe event of a.Kriep the lelapbone number of Ill(,local law-1101cu etllergi'llry 6�Gel to know your neighbors.Be able to relcOgnIZI!whether these alre sbangers 11)your are!'Of thecOnallu try c.conlad the loral Iaw enfolcernent agency if YOU See that Your Tlaighbot's safety is Ititeatened;request that lhPy do the S.'wite to' YOU. d.Always lock yotir apartment door whenever you leave your aliatlinen,even if you,,11C.insl gollenjornentiuily or wfien you are in your lillortment.Your door alltor :ilically locks once closed, li.Always lock your car door whenever it is Inhunallended(it the parking to!. o le Of You bavo occasion to walk around Ih-community at 1119111.try to feffhiill tier"walking a' r - g-Bo silte thal yoll have a sufficient amould Of Insurance Oil Your Own Person,your personal belonging-s,andthe personal belongings or your qUQStS, II.Be a%,,,are of Crupinal activilies in the area.In the event that the inallagenlent hecollre%aware of ctiminalinciderits,sijch is all assault of a person 01 ',1 theil of an autonjobile.,for JhP C0111171tillity of ill the inlinediolearoa,We will allempi 10 convey information to TENANTS as soon as pOq3ibW it is iltiperalive that you understand the tornis of fill,Acknowledgement.By initialing below, you represent thal you have read and understand this Acknowledgement and that YOU understand that Ownerl AGENT is relying upoll you to uso cornmon sense ana prodence in matters Concerning your safety,If you have any questions regat(fingo"Viler's/ AGENTIS safety policy or would like to inquire about any Items discuss<)()in Ibis Ackno,,00dgomorlt.please contact the rijanagement office AGENI TENArlli[ LEASE AGREEMENT - SMOKE DETECTOR NOTICE For and in consideration of the LEASE of which this is a(tart.tno,unriersignod'MNANT certifies that he of she has react and understands and agrees to tile folloWing-, a)Smolke Detector.TENANT acknowledges ilia!as of Ilin date of initial Occupancy.lhr"Unit is equipped with one 01 mono smoke(Inteclors. that TENANT has InSpeCtild Ih(-smoke deloolor(s),and trial TENANT finds Wtheor to be in good working order, b)Repair.TENANT agrees that it is TENANT'S duly to wgularly test the snake defoctor(s).TENANT further agrees to notify the AGENT immediately ill writing of any problem,defect,malflonction or failure of the smoke delector(s)and to notify the AGENT of the need to install,inspect or repair the smoke dotector(s) Within seven(7)days of receipt Of such written notification by AGENT owner shall repair the smoke deoecior(s),assuming the availability of labor and materials, c)Ma Into nonce.TENANT 1grricts to nopliCe the smoke dolartor( )battery if necessary,TENANT must not disconnect or intentionally damage a smoke deloctor or remove Ilia battery of I smoke detector without immediately foplocing it with a working battery.TENANT may he subject to damage,civil penalties and attorney's fees for not complying will,this provision, 'I' a new smoke deloclor and the jn;jtaflatfon thereof in d)Replaceniailt.1*514ANT,,igreesto(eimbiji�,otI AGENT,upon request,for(tie cost of, the event TENANT•his or her guests and/or invitees damage the existing smoke doleclot(s). episciaimer.TENANT acknowledges and agrees that the AGENT Is not the OpefalOr.Manufacturer,distributor,retailer or supplier of the smoke defector(s).T5NANT'assul(nes full and complete responsibility for all risk and hazard!;attributable to,connected with or in anyway related In the operation,malfunction of the smoke dritecior(s),reqardlass of whether such 111alfUnCtiOn or failure is atiribut.able to, connected with,Or in any way related to the use.nporation,manufacture,distribution,repair,servicing or installation of said smake defector (s).No representation,wairanfleq,undertakings or prornisin'.,whether oral or implied,or otherwise.have been made by AGENT, its agents or ornpioyees to TENANT regarding said smoke dritector(s),or tile alleged performance of the same,AGENT neither makes riot adopts any warranty of any nature regarding said smoke datector(s)and expressly disclaims all W4ffAnlieS Of fit(IOSS fou a particular purpose,or habitability,or ally and all Other expressed of implied warranties,except as expressly provided in statute.AGENT shall riot be liable for damages or losses to Poison Or property caused by(1)TENANT'S failure to regularly test the smoke delector(s):(2)TENANT'S failure to notify AGENT of any problem.defect,malfunction,or failure at the smoke detector(s):(3)thrift of the smoke d0ector(s).There arc no warranties,which extend beyond tile d"' cription on the facr,hereof. —AGENT 12 of 12 Bradley C, Bechtel, Esqui.ro 4732 Mountain View Road Harrisburg, PA 171. M-2834 August 1'/, 2012 Madison Court, L1,C/Crecksicie court I,IC c/() CAPM, LLC 14 KenneLh Ave. Apt 2/2 Mor'ningstar Lane Suite A Shil-ppen.sburg, PA 17257 1 r i re Anthony and Andrew DiMatteo Dear Si.rg 11 have been a, pproached by the above referenced persons. it aPpearS that they have si..gtied four separate contracts for housing at Shippensbuz'g this year. I' irst, both Anthony arid Andrew signo,,(i two contracts with Shippensburg University, wh1cf, they did not cancel by o'Lily 1, as required In those contracts. Then, they signed two contracts with yo-1) for hous.ing on Jul.y 16, 101.2, with move in dates, of August 24, 201-2. 1t; is obvious to them they cannot live both Places. They are hereby rescinding their contrracts at Creekside Court Apartments. and would like you to iYmnediatel y procec�d to rc-.r.,r:.nt the apartments arid mitigate any damages Since they have not yr-'- moved in, they would expect the return Of Any monies paid fox <,ccurity or deposit, since they Obviously could not have been earned. I havo only been retalned. for the purpose of g vj,r)(1 you this nOticO, so Ploase feel free to send their checks directly to them or, to contact 1-.hrsm as needed. Thank you. Sincerely, a d)cry 'P 13 e c h t e-I ftI EXHIBIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil '�,. ,:: 1 Case Mag. Dist No: MDJ-09-3-01 Keystone Real Estate Group MD.I Name: Honorable H. Anthony Adams V. Address: 35 West Orange Street Andrew DiMatteo Shippenshurg,PA 17257 Telephone 717-532-7G76 Keystone Real Estate Group Docket No: MJ-09301-CV-0000053.2013 T/A The Apartment Store, Real Estate Group Case Filed: 3/28/2013 2 Morningstar Lane, Suite#2 Shippensburg, PA 17257 Disposition Details Disposition Summary Docket No Plaintiff Defendant Disposition Disposition pate MJ-09301-CV-0000053.2013 Keystone Real Estate Group Andfew DiMatteo Judgment for Defendant 04/16120 13 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IIJ TIME 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. bak. Magisterial District Judge H Anthony Adams I certify that this is a Ime and coirect copy of the record of the proceedings containing the judgment Oa le Magisteral District Judge tADJS 315 Pam 1 of 2 PflntEd 04/16/2013 10.38 20AM EXHIBIT C CERTIFICATE OF SERVICE I hereby certify that on the �a day of July, 2013, I served a true and correct copy of the foregoing document via United States mail, first class, postage prepaid, addressed as follows: Bradley C. Bechtel, Esq. 4732 Mountain View Road . Harrisburg,PA 17110-2834 Respectfully submitted, SALZMANN HUGHES, P.C. By: Nan 4H. e WEsquire IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA `_y -}; KEYSTONE REAL ESTATE GROUP - Plaintiff NO. 2013-2732 r^ V. CIVIL ACTION - LAW C3 ANDREW DIMATTEO Defendant z, T --� x i NOTICE TO PLEAD TO: Keystone Real Estate Group You are hereby notified to file a written response to the enclosed ANSWER TO AMENDED COMPLAINT WITH NEW MATTER within twenty(20) days from service hereof or a judgment may be entered against you. ra ley C. ec el, Attorney at Law Pa. I.D. #49 1 4732 Mountain View Road Harrisburg, PA 17110 (717) 877-4643 brbechtel@gmail.com IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP Plaintiff NO. 2013-2732 V. CIVIL ACTION - LAW ANDREW DIMATTEO, Defendant ANSWER TO AMENDED COMPLAINT AND NOW,thiAay of August,2013,comes the Defendant Andrew DiMatteo and makes this Answer to the Amended Complaint as follows: 1. After reasonable investigation,Defendant is unable to form an opinion as to the truth or falsity of who the Plaintiff is, where they are located or why they are pursuing this suit against Defendant, so the same is denied and strict proof thereof demanded. By way of further Reply, it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner,who is not the Plaintiff, that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 2.- It is admitted that Andrew DiMatteo is an adult individual with a mailing address at 525 Sam Snead Circle, Etters, PA 17319. 3. After reasonable investigation,Defendant is unable to form an opinion as to the truth or falsity of whether Keystone Realty Group manages a residential apartment dwelling, so the same is denied and strict proof thereof demanded. It is averred to the contrary that Defendant,at all times material hereto,knew the owner of said address as Creekside Court,LLC. By way of further Reply, it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner,who is not the Plaintiff, that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 4. Defendant admits that Exhibit A lists CAPM, LLC as agent and MadisonCourt, LLC/Creekside Court,LLC as owners of the apartment complex at the address listed in Paragraph 3. After reasonable investigation,Defendant is unable to form an opinion as to whether the agent who purported to represent the owner was an employee of any of the listed companies, so the same is denied and strict proof demanded. By way of further Reply, it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner, who is not the Plaintiff, that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 5. After reasonable investigation,Defendant is unable to form an opinion as to the ownership of Madison Court,LLC and Creekside Court LLC,the relationship of Continuum Investments,LLC to either of those companies or this lawsuit, or whether Continuum Investments is authorized to do business in Pennsylvania,so the same is denied and strict proof demanded. By way of further Reply, it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner,who is not the Plaintiff, that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 7. After reasonable investigation, Defendant is unable to form an opinion as to the merger of Creekside Court LLC and Continuum Investments,LLC, so the same is denied and strict proof demanded. By way of further Reply, it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner,who is not the Plaintiff,that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 8. After reasonable investigation,Defendant is unable to form an opinion as to whether Continuum Investments,LLC utilizes the services of Plaintiff Keystone Real Estate Group,LP as its agent.to manage the residential apartment dwelling located at 8 Morningstar Land, Shippensburg, Cumberland County,Pennsylvania 17257,so the same is denied and strict proof demanded. Byway of further Reply, it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner, who is not the Plaintiff, that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 9. After reasonable investigation,Defendant is unable to form an opinion as to whether Plaintiff is the successor agent for the owner of the residential apartment dwelling located at 8 Morningstar Land, Shippensburg, Cumberland County,Pennsylvania 17257, so the same is denied and strict proof demanded. It is averred to the contrary that Defendant at all times material hereto, knew the owner of said address as Creekside Court,LLC. By way of further Reply,it is averred that the purported Lease attached to the Amended Complaint was executed by Defendant with the understanding of the rental agent allegedly representing the owner, who is not the Plaintiff, that Defendant had a preexisting housing contract with the University of Shippensburg; that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. E 10. Denied. It is averred to the contrary that Defendant executed an electronic signature on July 16,2012 with Creekside Court,LLC,through its agent. This electronic signature was to be used for a Lease Agreement for an apartment. However, at the time the electronic signature was executed,the rental agent allegedly representing the owner,who is not the Plaintiff,was made aware that Defendant had a preexisting housing contract with Shippensburg University. The rental agent was allegedly a former Shippensburg student and was aware of the nuances of Shippensburg University housing contracts. The rental agent was more sophisticated than Defendant in matters of renting apartments and Shippensburg University housing contracts and indicated that breaking the Shippensburg University housing contract would be no problem. Defendant understood by the rental agent's actions and statements that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 11. Denied as stated. The Lease Agreement attached to the Amended Complaint states the term as August 24, 2012 and ending May 12, 2013. However, it is averred to the contrary said Lease Agreement should be void as per the understanding of the rental agent allegedly representing the owner of the apartment dwelling and the Defendant: 12. Denied as stated. It is admitted that, inter alia, the Lease Agreement required Defendant to pay certain sums. It is averred to the contrary that said Lease Agreement should be void as per the understanding of the rental agent allegedly representing the owner of the apartment dwelling and the Defendant. 13. Denied as stated. It is admitted Defendant never took possession of the Leased Property. It is further averred that the owner never offered possession. It is denied that Defendant "apparently"had entered into a contract for an"additional"residence at Shippensburg University. It is averred to the contrary that Defendant had made the rental agent allegedly representing the owner on July 16,2012 aware that the Defendant had a preexisting contract with Shippensburg University and that the time had passed within which the Defendant had been advised the Defendant could cancel that contract. The rental agent, who was allegedly a former Shippensburg student and was more sophisticated and familiar with leases and Shippensburg University housing contracts indicated to Defendant it would be no problem to break the Shippensburg University housing contract. Defendant understood by the rental agent's actions and statements that Defendant could only occupy the unit if the preexisting housing contract could be canceled; and that if the housing contract could not be canceled that the purported Lease Agreement attached to the Amended Complaint would be void. 14. Denied as stated. Defendant informed the rental agent allegedly representing the owner that the rental agent incorrectly told Defendant that getting out of the Shippensburg University housing contract would be no problem. Defendant informed the rental agent representing the owner that they would not be able to enter the agreement with Creekside Court,LLC. Defendant expected the rental agents to honor their commitments,treat the Lease as void and return the monies paid,but unearned. 15. Denied. It is denied that Defendant owes the Plaintiff anything. It is averred to the contrary, that the owner of Creekside Court, LLC owes Defendant the return of his security and deposit in the total amount of$900.00. 16. Denied as stated. It is averred to the contrary Defendant did not owe any lease payments for Spring 2013 because the Lease should have been voided per the agreement with the rental agent allegedly representing the owner. 17. Denied as stated. It is admitted that the Lease Agreement provides, inter alia, for a late fee. It is averred to the contrary that no rent was due, so no late fee could apply. It is further averred that the Lease Agreement should have been voided per the agreement with the rental agent allegedly representing the owner. 18. After reasonable investigation,Defendant is unable to form an opinion as to the truth or falsity of Plaintiff s Paragraph 18, so strict proof is demanded. It is averred to the contrary that if the Lease were in effect, the owner would be required to give a notice of default, notice to quit or notice to vacate. It is further averred that if the Lease were in effect,the owner would be required to tender possession before expecting rent. If,on the other hand,the Lease was voided by owner as per the agreement with the rental agent allegedly representing the owner, then no notices would be required, but the owner would be required to return the deposit and security paid by Defendant on account of the lease. 19. Admitted. 20.Admitted. By way of further reply,Defendant avers that the entry of judgment was appropriate. 21.. Denied. It is averred to the contrary Plaintiff suffered no damages. The owner bargained for an opportunity to lease an apartment if Defendant could get out of the Shippensburg University housing contract. When Defendant could not and timely informed the rental agent for the owner,the agent should have voided the contract. In fact,the owner never made any further actions to keep the contract in force such as tendering possession and has not treated Defendant as a tenant by providing a Notice of Default,Notice to Quit or Notice to Vacate. In addition, the owner was afforded a reasonable opportunity to find other tenants and refused to do so,instead claiming it was Defendant's responsibility to find another tenant. Finally, the owner still has $900.00 from Defendant so that even if damages were appropriate,the calculation is completely wrong and ignores money paid on account, which Defendant avers should be returned to him. 22. Denied. It is averred to the contrary Plaintiff suffered no damages. The owner bargained for an opportunity to lease an apartment if Defendant could get out of the Shippensburg University housing contract. When Defendant could not and timely informed the rental agent for the owner,the agent should have voided the contract. In fact,the owner never made any further actions to keep the contract in force such as tendering possession and has not treated Defendant as a tenant by providing a Notice of Default, Notice to Quit or Notice to Vacate. In addition, the owner was afforded a reasonable opportunity to find other tenants and refused to do so,instead claiming it was Defendant's responsibility to find another tenant. Finally, the owner still has $900.00 from Defendant so that even if damages were appropriate,the calculation is completely wrong and ignores money paid on account, which Defendant avers should be returned to him. 23. Denied. It is averred to the contrary Plaintiff suffered no damages. The owner bargained for an opportunity to lease an apartment if Defendant could get out of the Shippensburg University housing contract. When Defendant could not and timely informed the rental agent for the owner,the agent should have voided the contract. In fact,the owner never made any further actions to keep the contract in force such as tendering possession and has not treated Defendant as a tenant by providing a Notice of Default, Notice to Quit or Notice to Vacate. In addition, the owner was afforded a reasonable opportunity to find other tenants and refused to do so,instead claiming it was Defendant's responsibility to find another tenant. Finally, the owner still has $900.00 from Defendant so that even if damages were appropriate,the calculation is completely wrong and ignores money paid on account, which Defendant avers should be returned to him. WHEREFORE, the Defendant requests this Honorable Court enter judgment in favor of Defendant. NEW MATTER 24. The allegations and averments of Paragraphs 1 through 23 are hereby incorporated herein by reference as if fully set forth. 25. Defendant had made the rental agent allegedly representing the owner on July 16, 2012 aware that the Defendant had a preexisting contract with Shippensburg University and that the time had passed within which the Defendant had been advised the Defendant could cancel that contract. 26. The rental agent, who was allegedly a former Shippensburg student and was more sophisticated and familiar with leases and Shippensburg University housing contracts, indicated to Defendant it would be no problem to break the Shippensburg University housing contract. 27. Defendant understood by the rental agent's actions and statements that Defendant could only occupy the unit if the preexisting housing contract could be canceled. 28. Defendant understood by the rental agent's actions and statements that if the housing contract could not be canceled,that the purported Lease Agreement attached as Exhibit A would be void and all monies paid by Defendant returned to him. 29. Defendant paid a total of$900.00. 30. Despite demand,this amount has never been returned to Defendant. WHEREFORE, Defendant respectfully requests this Honorable Court to enter Judgment against Plaintiff in the amount of$900.00, plus costs of suit and any other relief deemed just and equitable. By: Bradley C. Bechte A rney at Law 4732 Mountain View Road Harrisburg, PA 17110 (717)877-4643 brbechtelgszmail.com VERIFICATION I, Andrew.DiMatteo', hereby,affirm that the statements made in the foregoing Answer to the Amended Complaint and New Matter are true.and correct to the best of my knowledge; information and belief. I understand,that this Verification is being made,under'penalty of 18.P.S., . Section 4904;relating to unsworn falsificatio n to,authoritieS. Andrew DiMatteo' IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP Plaintiff NO. 2013-2732 V. CIVIL ACTION - LAW ANDREW DIMATTEO, Defendant CERTIFICATE OF SERVICE I Bradley C. Bechtel, Attorney at Law, hereby certify the foregoing Answer to Amended Complaint and New Matter were served upon Keystone Real Estate Group by serving same upon Nancy H.Meyers, Esquire, Salzman Hughes, P.C., 79 St.Paul Drive, Chambersburg, PA 17201 by depositing same in the United States First Class Certified Mail, return receipt requested, this day of August, 2013. By: Bradley C.Vec tel Attorney a IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP 2 - Plaintiff NO: 2013-2732 V. T- •� CIVIL ACTION—LAW c-) ANDREW DIMATTEO C) (Z,�� ;-;- --0--, Defendant PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Keystone Real Estate Group, LP, by and through their counsel, Nancy H. Meyers, Esquire of SALZMANN HUGHES, P.C., and files this Reply To New Matter: REPLY TO NEW MATTER 24. Insofar as the Defendant has made allegations and averments in Paragraph 1 through 23 of his Answer, those allegations and averments are specifically denied. 25. Denied. 26. Denied. 27. Plaintiff is without knowledge of what the Defendant's understanding of the contract was at the time he entered into it. However, it is specifically denied that the Plaintiff's agent's actions and/or statements in any way conveyed that the lease agreement (and Defendant's obligation thereunder) was contingent upon the occurrence of an event or was able to be unilaterally cancelled by the Defendant after execution. 28. Plaintiff is without knowledge of what the Defendant's understanding of the contract was at the time he entered into it. However, it is specifically denied that the Plaintiff's agent's actions and/or statements in any way conveyed that the lease agreement (and Defendant's obligation thereunder) was contingent upon the occurrence of an event or was able to be unilaterally cancelled by the Defendant after execution. 29. Denied. 30. It is specifically denied that Defendant paid $900.00. By way of further answer, any sums paid by Defendant are due and owing to Plaintiff pursuant to the terms of the lease agreement. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Four Thousand Three Hundred Twenty-Eight Dollars ($4,328.00) together with costs in connection with this action. SALZMA UGHES, P.C. By: ancy H. ers, Esquire Attorney . No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: August,7/2 013 Attorney for Plaintiff VERIFICATION I have read the statements made u1 Plaintiffs Reply to New Matter and Counterclaim, and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn .falsification to authorities. Keystone Real.(Estate Group,LP Date: By: Mary P tZ Adams, icf Operating Officer CERTIFICATE OF SERVICE I hereby certify that on the 961- day of August, 2013, 1 served a true and correct copy of the foregoing document via United States mail, first class, postage prepaid, addressed as follows: Bradley C. Bechtel, Esq. 4732 Mountain View Road Harrisburg, PA 17110-2834 Respectfully submitted, SALZMANN HUGHES, P.C. By: ncy . Me , squire