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13-2733
Supreme Court of`Pennsylvania COUry OfECOm nowPleas For Prothonotary Use Only: � C1Y11 £CoverSh�eet Docket No: CUMBERLAND t County The information collected on this fibrin is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lace or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons Fl Petition Transfer from Another Jurisdiction © Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C KEYSTONE REAL ESTATE GROUP ANTHONY DIMATTEO T Dollar Amount Requested: Owithin arbitration limits I : Are money damages requested? El Yes No (check one) outside arbitration limits O N Is this a Class Action Suit? El Yes No Is this an MDJAppeal? [R Yes El No A Name of Plaintiff /Appellant's Attorney: NANCY H. MEYERS, ESQUIRE ( 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 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 D Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution D Debt Collection: Credit Card El Board of Assessment Motor Vehicle El Debt Collection: Other [] Board of Elections Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S E] Product Liability (does not include mass tort) E:1 Employment Dispute: E M Slander /Libel/ Defamation Discrimination Q Employment Dispute: Other El Zoning Board C E] Other: (!] Other: T I E] Other: O MASS TORT F1 Asbestos N n Tobacco E] Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste [:1 Ejectment F1 Common Law /Statutory Arbitration B Q Other: 0 Eminent Domain /Condemnation n Declaratory Judgment El Ground Rent Q Mandamus El Landlord /Tenant Dispute Q Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial El Quo Warranto Q Dental E] Partition 0 Replevin I© Legal 0 Quiet Title El Other: Q Medical E] Other: E] Other Professional: 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 i . / COMMON PLEAS No. J � • d — )J J ( alt 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 E state 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 Anthony DiMatteo DOCKET No. SIGNATURE OF APP R ORNEY OR AG CV- 000048 -2013 This block will be signed ONLY when this notation is required under Pa. Ufla ppellant wa irnant (see Pa. R. . No. 1001(6) in actioi: 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 FILEL, 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 Distric 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 servic. of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was 'I b�il,tf�t gf the mailing. Date: .20 XINnoo 00IM832WRO l Signature of Prothonotary or Deput {{�� _ YOU MUST INCLUDE A COPY OF THE I PTI I 00i tOlNdll'*4'T�RANSCRIPT FORM WITH THIS NOTICE OF APPEAL. .34 0- 0311 -n A 1 a0 Soo AOPC 312 -05 3 t ( w �gbss� COMMONWEALTH OF PENN Notice of JudgmentlT'ranscript Civil COUNT OF CUMBERLAND Case Mag. Dist: N oy MDJ -09 -3-01 Keystone Real Estate Group, LP MDJ Name: Honorable H. Anthony Adams v. Address 35 West Orange street Anthony DiMafteo shippensburg, PA 17257 Telephotw 717 -532- 766766 Keystone Real Estate Group, LP [locket Na: MJ -09301- CV- 000O048 -2013 T/A The Apartment Stare Real Estate Group. base Filed: 3126/2013 2 Morningstar Lane Suite #2 ahippensburg. PA 13257 Disposition Details Disposition Summary Dggh N motif 12efertdant Dispo sition Dish sition Date M,t- 09301- CV- 00000U -2013 Keystone Real Estate Group, LP Anthony DiMatteo Judgment for Defendant 0411612013 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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 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. �_ 3 . t ; *D' Magisterial District Judge H. Anthony Adams �. cerlify that this is a true and correct cagy o the recor I of e proceedings containing the judgment. Date Magisterial District Judge MDJS 3 Page 1 of 2 Printed: 041161201310.38.57AM � Keystone Real Estate. Group, LP Docket No:: MJ- 09301 -CV- 0000048 -2013 V, Anthony DiMatteo. Participant List Nivate Bradley Charles Bechtel, Esq, PA Game Commission 2001 Elmerton Ave. Harrisburg, PA 17110 Plaintiffs) Keystone Real Estate Croup, LP TIA The Apartment Stare Real Estate Croup 2 Morningstar Lane, Suite #2 Shippensburg, PA 17257 Defendant(s) Anthony DiMatteo 525 Sara Snead Circle Etters, PA 17319 MDJ5 315 Page 2 of '2 Printed 04/16/2013 10.38'57AM Keystone Real Estate Group, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. No. 2013-2733 `-=- Anthony DiMatteo , CIVIL ACTION -� --O rn Defendant -<>r - C) =C:) mac; PROOF OF SERVICE OP•NOTICE OF APPE_A 'AND RULE TO FILE COMPL # ,� r (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Checlr applk9ble o xes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ; ss AFFIDAVIT: 1 hereby(swear) (affirm)that I served ® a copy of the Notice of Appeal, Common Pleas No.13-2733, 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)Anthony 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 p )11LAl gnat of official fore who affidavi as ade ignatu of nt IV Nancy H. rs, Esquire Salzmann ghes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 pw" � L Title of official My commission expires on December 19,2015. � V ilA Emily I:rk,,,ChambersNFranklinuCounty My COMM1 Dec,i9 -15 MEMBER,PENNSYLVA TION OF NOTARIES AOPC 312A-05 Postal CERTIFIED RECEIPT ru (Dam"(Dam"He mail Only, Cr cortiffed : Cn Flelum fit-elpt r1ae - i'rtsdnti�rft m (r:fW0rSarr�0nt41-11retlt l�� tPet3 ftesttFrtrd Ccaf verg Ft d --IQ��,__ � (EnctorsemenP Flcaqufmdy Ln C3 P"d"i ru ,q Ditstr c»t Justice H. Anthony Adams ;� orPYloxNa. 35 West Oran e Street ciysram ;YPT ..w ....... M»__.._r_....._._.._.... Shi ensbur ,_PA 17257 PS Form NO SALZMANIN HUPHES,,P.VI. ` Attorneys at Lacy '' 1 QQev Bowen 121 0003933696 MAY 0 2013 79 ST.PAUL DRIVE X012 3050 0001 7884 549 MAILED FROM ZIP CODE 17201 CHAMBERSBURG,PENNSYLVANIA 17201 District Judge H.Anthony Adams 35 West Orange Street Shippensburg, PA 17257 rrt Postage Certttfed Fee ! J} Ci Fl2turn Recotpt Fea f ostrr;at CJ {>ndorfiem3nFRSq�i10(j) r Hev,-, C3 Rostricfcd DOUMY Fee 1 4EWOrserztent Aequirttrt} EJ 70[e(i'bsGs.ge&Fermi u y �__ Ct'I Sant-- „�y ru srr�3r�pr.' nthony DzMatteo M Or 5��..cSam�SneadNrCrcle Etters PA 17319 ' ''°°° •__, QALZMANN 0"UPHES. K. PfTNEV Attorneys at Law : ar' ,�? 02 1 P $ 006.110 79 ST.PAUL DRIVE 3478 = 0003933696 MAY 20 2013 701,2 30150 0001, 7884 MAILED FROM ZIP CODE 17201 CHAMBERSBURG,PENNSYLVANIA 17201 Anthony DiMatteo 525 Sam Snead Circle Etters, PA 17319 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY,PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff NO: 2013-2733 V. CIVIL ACTION—LAW c; ANTHONY DIMATTEO �a Defendant NOTICE TO DEFENDy� TO: Anthony DiMatteo 525 Sam Snead Circle p 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: 2013-2733 V. CIVIL ACTION—LAW ANTHONY DIMATTEO Defendant NOTICIA TO: Anthony DiMatteo 525 Sam Snead Circle Etters,PA 17319 LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) Bias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o par 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: 2013-2733 V. CIVIL ACTION—LAW ANTHONY 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 Pennsylvania Limited Partnership doing business as The Apartment Store with a business address of 2 Morningstar Lane, Suite 2, Shippensburg, PA, 17257. 2. Defendant Anthony 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 apparently 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 Plaintiffs 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 H ES, P.C. By: 0 4ancy . rs, Esquir e Ao. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: May , 2013 Attorney for Plaintiff VERIFICATION I have read the statements made in.this Complaint and they are true and correct to the hest of my knowledge, infoirnation and belie: 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 Date: Bv: a Mary IW itz Ada s, Chief Operating Officer i Madison/Brookside/Creekside Court Apartments LEASE AGREEMENT STATE OF PENNSL YVANIA,COUNTY OF CUMBERLAND v,091611 This LEASE AGREEMENT(`LEASE"),made and entered into as of today,DATE by and between MADISON COURT LLCI CREEKSIDE COURT LLC(-OWNER") and........ Lo TENANT-) and -T ENANT The PREMISES wit be managed by CAPM,LtG and is the OWNER'S agent('AGENT')with address of 14 Kenneth Ave Apt 212 Morningstar Lunn Stille A Shippensburg PA 17257 WITNESSETH:That the OWNER does hereby rent and lease to TENANT and TENANT does hereby rent and lease from OWNER,the following PREMISES("PREMISES')kinder Ilia following tamvq: Property: MCA/6CAfCCA Building Address: Aparilirartt: Biiom f,RM 2 Lease Pefiod: 2 selvinfor"; move-in DaW 2012 M24 Move-out Date: 201"ilorl-12 Installment Amounts: Fall Partial: 0,00 Fall Remaining Balance., 2,2ais on Spring: X Payment Due Dates: Fall Partial:j�� Fafl Remaining Balance: Jury 1s 2,Gtt2_. Spring: Nnvemt cr 12a1i Tolaii Lease Payment: $4A 8 -_ H 00 ONE,LEASE-GENERAL TERMS. This LEASE is made in contemplation of the fact that TENANT'is lawfully residing to the United Stales and has Some official connection Will't Shippensburg University,either as fult-timestudent,or other connection recognized by AGENT. It such connection should cease or legal residency status should change. at AGENTS discretion,AGENT may terminate this LEASE immediately. TENANT may be deemed a TENANT at sufferance,in which case TENANT must at once vacate the PREMISES.TENANT shall notify the AGENT'S leasing office,In writing,of any cessation of enrollment.whether due to graduation,withdrawal,or otherwise,at feast 30 days in advance of the offarlive,dale.TENANT agrees that he/she is 18 years of age or older and capable to sign this LEASE,TENANT is responsible for'the terms of this LEASE and full Payment of tent for the entire LEASE PERIOD,It any rental payment(,Ilia In arrears Over 5 days.file haft rental amount for the entire LEASE PERIOD becomes due at once and all SECURITY DEPOSITS will be forfalled.It TENANT fails in arrears over 5 days and has not contacted the office to provide intentions on payment within that perriod,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 at Amount due and the OWNER may re-rant the bedroom 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 most be written by OWNER,a copy given to TENANT and Initiated by TENANT. TWO:RESERVATION FEE&SECURITY DEPOSIT.AGENT acknowledges receipt from TENANT in the amount of Dime Hundred U,S,Dollars($300.00)as a NON-REFUNDABLE RESERVATION fee that will be forfeited if this LEASE is breached by TENANT for any reason whatsoever,Upon receipt of 10 LEASE payment from TENANT,the NON-REFUNDABLE RESERVATION FEE will be concerted to SECURITY DEPOSIT at which time AGENT accepts the SECURITY DEPOSIT In the amount of Three Hundred U.S Dollars (S300,00)as collateral(of which One Hundred U,S.Dollars($100,00)Is NON-REFUNDABLE)for the full and faithful performance by TENANT Of each and every provision,covenant,condition,and(or the entire LEASE PERIOD,Including the priymoni of late foes and other charges that may be assessed,Commencing on Ilia date horear,It the!LEASE is broken for any reason(e.g.,drops out of school,changes their mind,is found in violation of the Rules and Regulations Addendum,Pro.),the full SECURITY DEPOSIT of tire TENANT will be forfeited along with any other money hold by AGENT i OWNER including but not lialfted to rent outstanding and fees.If file apartment is conderaned at any time due to the fault of a TENANT,all SECURITY DEPOSIT and other monies field by the OWNER will be forfeited In their entirely,The SECURITY DEPOSIT may not under any conditions be deducted by the TENANT team any bills that are duo.'The SECURITY DEPOSIT Will be held until all provisions of this LEASE have been fulfilled(Including vacating of PREMISES on time,seeSection,TWELVE:MOVE-OUT,below),it a TENANT terminates this LEASE before the commencement dale 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 wilt owe AGENT the FULL amount of monies fine stated In this LEASE.(see Section THREE.LEASE PAYMENTS,below)At AGENTS discretion,a portion may be returned less admln=sfrallve costs,If and when the Aparlinerit is re-turned prior to the commencement of the LEASE.Any portion of the SECURITY DEPOSIT may be willihald for unpaid rent,damage due to breach of this LEASE of for damage above and beyond rionnal wear and tear by TENANT,by other TENANT'S employees,guests or invitees. In the event that any part of the SECURITY DEPOSIT shall have been utill7ed by the AGENT in accordance with the terms,herein or applicable low,TENAN r shall upon delivery of notice,make payable within five(5)business days an amount equal to Oie charges assessed so that OWNER shall have the hull SECURITY DEPOSIT an hand at all tithes 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 or damages that may exceed the amount of SECURITY OF-POSIT,pr any waiver of any other eights the AGENT may have against Ilia TENANT,at low or in equity,by reason of the TENANT default. in the event of damages suffered by Ilia OWNER by reason of$he 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,Includitig allorneys'fees to recover monies owed.If TENANT signs a new LEASE for a new LEASE PERIOD for the same unit and their SECURITY DEPOSIT is paid and/or reimbursed Irifull amount,no additional SECURITY DEPOSIT is refirilred at signing and SECURITY DEPOSIT will carryover to the new LEASE upon the expiration of this LEASE. TENANT acknowledges roading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and alt addoindoms. 2012-07-16 TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS THREE:LEASE PAYMENTS. LEASE payments can be made of the AGENT'S Leasing Office or notion of www-myrentporlat.coni via check. certified check,money order,ACH checking account debt!or credit card chargo. Failure of TENANT to Pay any payment when clue,OWNER/ AGENT has Ilia right,at if's option,to terminate the LEASE immediately,TENANT shall be doomed 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 cumulalive arid not restrictive of any usher rights under the law,and failure it the pail of the OWNER!ACENT In avall itself rifthose rialits at any particular time shall not constitute a waiver thereof. AGENT pilqq I o?1! TENANt'.. "XIBIT ............. Irapplicable,TENANT aal',nowledges that a parent of sponsor has executed a PARENTAL OR SP010;OR'S GUARANTY ADDENDUM In connection Of LEASE,which,among other thinffs.rillows AGENT to process payments for sums dua from TENANT under LEASE.Including bal P.ollimiled to rent,late fees,property damage,repair costs,animal violation charges,re-lotting charges,utility charges,rines or other amounts to.such Parent or sponsor's authorized credit card if not paid by TENANT. Unpaid rent charges will be charged to the authorized credit card it payments are not ierpived by 8:00 am on,the lewh(IUI)day of the soonth, PAYMENTS Amount RESERVATION FEE SECURITY OF-POSIT APPLICATION FEE 110 New Tenant,LO Rrhrninq Totiam PRO-RATED RENT 3c.a1u TOTAL INITIAL PAYM NT Term of LEASE,'(4 of months) TOTAL LEASE PAYMENT DUE. $4,4TO.00 All checks are whiten to MCA LLC for Madison!Brookside Court Apartments or CCA LLC for Crookside Court Apartments Prorated Rene S 000 due Payment l:S b7-j--d—ue, due —Payment 9: a dire. Payment 2.S 4239.00 dljri Jury tti.Ylat2 payrnt, ,nj 6,S due -Payment 10:=,due—-- Payment 1$ 2.259.(K) due Nmerriber a. ?012 Payfflem 7:$ due Payment 11:S due Payment 4, due .......... Payment 8,,.$ due Payment 12" due TENANT acknowledges readingfunderstandIng this LEASE and his/her right to Consult With an attorney concerning LEASE and all addeffilums, Anthony Ohrottto 2012-07-16 TENANT PRINTED NAME DATE WITNESS FOUR:LATE CHARGES&BANK RETURNED CHECKS.TENANT agrees to pay any and all costs or percentages Of collectfifini;to OWNER that may Incur during too collecting of a debt,A Seventy-five U.S.Dollars($75.00)late 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 any and all monies reflected by OWNER shall be applied to the oldest charge first and the balance 10 In&newer charge,OWNER has the right to pursue TENANT in Magistrate Court,or elsewhere,for all costs,Any outstanding balances owed to the OWNER shall be applied to TENANT until payment is received In full,TENANT also agrees to pay a Filly U,S.Dollars($50,00)handlingladminIstrafive fee for any check or automatic.withdrawal returned by banks for any reason. TENANT acknowledges readirfulundetstanding this LEASE and histhw fight to Gonsuil will)an attorney coneallm r ig LEASE and all addendums. Anthany 20112•J746 TENANT PRINTED NAME TENA_N_TS1GNAfLJRE:__ DATE W57NESS" FIVE:EXCESS UTILITY CHARGES, All utilities such as water,sewer,eectfir,trash collection are Included in fire LEASE payment,TENANT shall,however,for any one month period the total of charges for water,sewaqe.t following per apartment type:3-bed unit-$160 per month,for a 4-bed unit-$160 , gas and electricity exceed the rollove per month,TENANT shall Immediately reimburse AGENT,as additional tem.TENANT'S pro rata share of such excess utility charges,oft of about the 25th AGENT agrees to invoice TENANT(S)at the close of month utility period for which this overage applies complete with utility and governmental bills with the calculation of the Excess Utility Charge,and TENANT agrees to pay Immediately TENANT acknowledges roadinglondefstandifla this LEASE and ,1hat right.fi 2012-07-16 t.to consult with an attorney concerning LEASE and all addenclums, Antha.y Dimatitio TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS ........... SIX:INTERRUPTION OF SERVICE. In no event shall AGENT to responsible for any Interruption,shortage or reduction of utilities and of amenities supplied to the PREMISES as a result of a utility or service provides issue.I(Interruplion,shortage or reduction is potential issue of OWNER,then OWNER agrees 10 make all reasonable efforts to restore utilities as soon as reasonably and practically possible,TENANT shall receive no rent reduction,nor will AGENT be liable to TENANT,due to repairs or interruption of services of utilities or amenities(amenities including 1-gh Speed Internet Service of cable TV), appliances,of equipment in or about the PREMISES or sue to defects in the PREMISES not caused by AGENT'S fault,omission,negligence,or other misconduct.or due Initial inability at AGENT to obtain fuel.Utilities.or repartroplacamem parts, SEVEN:RENEWAL NOTICE,if TENANT wishes to remain al MCAJACAICCA for the proceeding year,TENANT Is requested to sign a Lease renewal prior October 31 st of the current year, EIGHT:TERMINATION.If at any Lime TENANT breaks any clause,meaning or intent of this LEASE of Ancendurris at OWNERIAGENTS SOLE DETERMINATION LEASE MAY BE Immediately terminated,TENANT shalf be dearned a TENANT al sufferance and be required to Wirnatkately vacate the PREMISES. If at anytime during and before the expiration of the term of the LEASE TENANT shall remove Or attempt 10 remove or vacate the Apartment,or default in any of the Covenants stated in this LEASE or Addendums,the LEASE terminates,TENANT expressly waives file benefit of all acts of assembly requiring any period of notice to vacate the PREMISES upon termination of this LEASE and agrees to vacate immediately by such LEASE termination, OWNER shall have full Power and authority to institute any action at law or in equity for the collection thereof,of any and all payments owed,to proceed by distress or any other process of the law to collect the saina.or at OWNER option,declare,the LEASE term ended and cc-enter the PREMISES and every pan thereof and remove all persons there froinj or to proceed by legal action the recovery thereof.Furthermore,OVO4E R agrees that in the event of Invocation of the provisions of this paragraph,OWNER may,at OWNER discretion, AGENT Paqe 2 of 12 -Y 0,.M.4.......... OWNER sole choice be credited 10 1) count of TENANT minus any reasonable charges for Clew- limages or other costs incurred such as advertising of commissions,Who. Able.the OWNER will provide adequate notice of such ter :ton and relocation asststince when available,This LEASE is assignable by me OWNER.AGENT reserves the right to reassign TENANT, TENANT acknowledges readinglunderstanding this LEASE and histher fight to consult with an attorney Concerning LEAST'and all addandures, Aothony Difiviller, TENANT PRINTED NAME TENANT SIGNATURE .......... NINE',CASUALTY.Should the PREMISES be destroyed or so damaged by ire or other casualty as to became uninhabitable,this LEASE shall cease from the dale of the fire or other casualty, TEN:MOVE-IN,TENANT agrees to take the apartment'as Is,*TENANT will w supplied With a move-in documentation consisting of a Wilirthrough Assessment for the apartment,documentation pertaining to fire safety duties of the TENANT,and important phone number-,, O'VVNER shall not be liable for any damages whatsoever suffered by TENANT for failure to deliver possession of The PREMISES it the iiiyte stipulated herein as to the date of Commencement of the tenancy.TENANT wilt be permitted to enter and become responsible for apartment after move in appointment with AGENT ties been completed oil the condition that all required forms have been property completed and SECURITY DEPOSIT and all Rants clue have been received in hill,TENANT has tan(10)business days from start of LEASE to accept the door lock code and take possession of the PREMISES.TENANT has 24 Hours from possession of the key code and walkthrough to provide OWNERIAGENT any additional items via tenant portal of corrections and/or deficiencies that were not outlined on the Walklitrough Assessment Defects not reported within this(line of the first TENANT taking possession shall be presumed In have, occurred during file TENANT possession.Unless rioted in writing within 24 hours of the first TENANT possession.the dwelling is deemed to be in good order and acceptable to the TENANT, ELEVEW POSSESSION PRIOR TO COMMENCEMENT Of LEASE gpormission is granted to TENANT to oiler into possession of the PREMISES prior to the date specified for the commencement of this term of the LEASE,TENANT covenants and agrees that sochoccupancy shall be deemed to be under pit of the terms,covenants,rules and regulations of this LEASE,with the rent provided for under this LEASE to be apportioned on a daily basts for the period of occupancy prior to the LEASE start date. TENANT acknowledges readinglunderstandinq fts LEASE and hither n ahl 1n consult with an attorney concerning LEASE and aft addendums, Anthony Dirrine" TENANT PRINTED NAME TENANT SIGNATUiii DATE WITNESS TWELVE.MOVE-OUT. OWNER encourages TENANT to review the condition of Apartment prior to vacaling the PREMISES to ensure TENANT has complied with move out procedures.After the LEASE ends,any cleCtipancy by persons or property will cause SECURITY DEPOSIT to be forfeited.If there are Items or trash remaining or more than one 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 forfelted In full To ensure proper delivery of SECURITY DEPOSIT.each TENANT must leave a forwarding address Mh the OWNER/AGENT office,With the above conditions met,the SECURITY DEPOSIT will be refunded following completion of repairs to damages,or after the expiration of the LEASE(wiftheyer is Mier).Any questions regarding the amount refunded of the SECURITY DEPOSIT must be made In writing and sent to AGENTS. office.After one(1)month of the issuance of the returned SECURITY DEPOSIT,aft SECURMY DEPOSIT mailers wilt be closed,TENANT will reforrioll Move-Out documents by 5:30 PM on the day the LEASE ends and leave the PREMISES in a clean and sanitary condition,This LEASE shall become null and Vold should conditions(acts of God,urban renewal projects.Condemnations,etc,)arise that require the removal of TENANT Irani the PREMISES.OWNER assumes no responsibility few petscleal items left in the Apadniont or oil the PREMISES after the one of this LEASE(or after TENANT breakiterminate(his LEASE).Any property left on or about the PREMISES shalt 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 any public;or private sale,and TENANT hereby releases,fields harmless,and indemnities AGENT from arid against any and all claims to said property anti agaim AGENT..AGENT may be a purchaser at any such sale, THIRTEEN: PET POLICY,Pets of any kind are STICTLY PROHIBITED,A$200 par day Pot Policy Violation wilt be assessed for every day the unapproved animal resides aline pmmlseas FOURTEEN:DOOR LOCK CODES.Door Lock Codes or any other items issued at move in are the property of the OWNERIAGENT and must be surrendered upon termination of residence. A door too),code change will be conducted for a forgotten or Compromised orl9frief Code A Forty U.S Dollars($40,00)service fee will be assessed for such change.Payment required prior to change- FIFTEEN. LOCKOUTS, Assistance for lockouts from OWNER will be assessed a Forty U.S Dollars($40,00)service fee(payment required before door code 11,changed)during business hours.and Seventy-Five U.S.Dollars($75.00)between 5:30 p.m,and 8:30 a,ln,Mornay through Friday and weekends. TENANT will be responsible far any damages caused by TENANT or their guests/tying to access PREMISES or interior rooms without key codes(such as broken windows,door lambs,locks.etc.), SIXTEEN,RULES®ULATIONS. TENANTS are required to adhere to all policies and regulations outlined below and In any publication,.; designed for specific residence areas, 1.GENERAL a.Solicitation and Advertising,Solicitation,sales,and advertising are not permitted property w1thoul prior written authorization from AGENT.No door-to-door solicitation is oirmilled. b,Parking. Only vehicles with a valid'Madison or Creekside"decal sticker displayed on the passenger side of the windshield in the tower right corner will beparinifted lo park an the Promises, Any vehicle or other property parked on the promise without a valid decat sticker will be lowed at vehicle owner's risk and expense. One sticker will be distributed per bedroom, There will be a charge ofTwemy U,S.Dollars(520,00)for the replacement of Me,sticker due to Lost,theft,or destruction. Motorcycles must park in the designated motorcycle parking area and may riot park an the asphall. The maintenance and washing of vehicles is not permitted on the PREMISES. c..Alcohot Policy,OWNER and AGENT adhere to all local and federal laws concerning underage air ratrol crsnsupiptinra Keg of alcohol are absolutely banned from PREMISES tinder any circumstances. -AGENT rage 3 or 14 ------------ e.community Rospon -y.TENANTS are members of an apartment torninurilly a expected to act responsibly and not interfere With the holds,comfort,or salety,of their roorinfoato(s)and other students.TENANT and TENANTS GUESTS will comply with PROPERTY QUIET HOURS from 11PM-SAM Sunday through Thursday and 2AM-SAM Friday and Saturday- Furlhermore,at any time.TENANT nor their GUESTS will not Intoderawlth the eight of quiet enjoyment of another artier TENANT. (.Drugs.Tire manufacturing.intent to deliver or possession of a controlled sunMance or drug parapheinalin is strictly prdlebiled,If a TENANT or their Guest(s)are in violation of this twe,TENANT Will be subject to LEASE violation andfor eviction, 2,USE OF UNIT a.GuLsf5,TENANTS are rosphnsit;rfe for the behavior c(their guests.Overnight guests may not stay more than three consecutive nights.The invitation of a guest to a room,apartment,or suite must meet with the consent of all roommates, Guests may not stay in lounges, bVislilation-AGENT allows 24-hour visitation but does not perreli cohabitation, c.Use of Room. Roams may not be used for illegal purposes.TENANTS apa responsible far erisirring that their personal conduct and the conduct of their guests is not in violation of 10084 state,or federal laws.AGENT reserves the right to Inspect and Perform work in Student rooms,apartments,or suites of any time to ensure that all health,safety,maintenance,Re,and all complex policies are being followed, d.Windows and Screens,TENANTS will be charged far 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 guests will be roplacedfrapaifed.TENANT will be charged accordingly and payment will be due At time of repair, *.Balconies and Patios,PLEASE keep balcony or patio neat and free a(Tricips,brooms,crying tawels,fresh,hanging clothing to dry,c1c.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,liki torches or any other-article may be affixed or displayed on the exterior windows.doors balcony,railings or exterior of the building in any manner. (.1"lumbing.Misuse or rarefessiriess of drains,commodes,dishwashers,or disposals will nor be tolerated.If a repair is necessary due to TENANT tiegligonce,TENANT account will be charged.Any leak should be reported to the office immediately.Do not poor grease down drain,flush paper towels,or feminine products In commode. g.Additional Fixtures or Appliances. Including but not limited to washing machines,dryers,dishwashers,space heaters and air condifitirrers are not permitted, li.Nolse,TENANTS must flat dislurb neighbors,Keep stereos and music levels to a minimum.If a complaint is made on TENANT apartment you Will be issued a LEASE violation,TENANTS Eire responsible for the behavior,noise or problems occurring due to any of TENANTS guests.TENANT and TE61ANTS GUESTS Will comply Willi PROPERTY QUIET HOURS from 11 Ptt-9AM Sunday through Thursday and 7AM-SAM Friday and Saturday.Furthermore,at any iirtwJENANT nor their GUESTS will not interfere with the right of quiet enjoyment of another other TENANT. I.Trash, AGENT provides TENANT Will)ample hash receptacles or(himpsiots,Throwing of trash on grounds will not bie, tolerated.IT TENANT is found dumping fresh on the site arrioll bringing trash bags to the dunipster and not placing trash into dumpster TENANT will be fined and issued a LEASE violation, TENANT will dispose of trash and garbage in the designated location and procedure as oulfined by AGENT for each respective building or living area. There is a Fifty U.S.Dollar(550.00)charge per incident or per bag or any violation of this pollcy. J.Mainterrance,Maintenance is;done on a regular monthly and on an as-nooded basis.Only emergency types of maintenance Issues will be handled aller hours or on Weekends,Examples of emergencies are flooding of the apartment,loss of utilities or loss oftefrigemflom Air conditioning issues and lockouts are not considered an emergency, TENANTS will be financially responsible fait any maintenance problems they cause. k1ocks,All of the necessary locks for TENANT unit and Individual room are provided by AGENT,No locks or lockIng mechanisms may be changed crackled to main on"door of bedroom doors, LWalls.Only 3M of similar double sided tape should be used to hang pictures,posters,etc.Sheet rock hooks or small nails Holes caused by other finite damaging instruments will subject TENANT deposit to deductible amounts accordingly.PLEASE(to not attach anything of permanent nature,as a penalty will result, Paintiria,and wallpapering of any nature is not permitted, M.Fire Hazards, Gar or charcoal guills,are not permitted Inside of t1mis,or on the balconteslbreezeways or patios and may not be isloral in any common area an the property,nor may any type of accelarant,fuel,or Other corribustible,material that would Increase the risk of tire,to be stored In the apartment of in any common area an the Premise. Kerosene or electric healers or any other auxiliary treating source or burning candles of Incense Is not permitted. Violations of this rule may lead to fines and/or eviction, S,PROHIBJTED ACTIVITIES.The following are PROHIBITED in or around PREMISES and are subject to immediate ictio"andifor rornoval by AGENT. ai.Pets •see Section THIRTEEN:PET POLICY,above. bi.Smoklrig is not permitted Inside any unit. Cigarettes are not to be thrown off the balconies or anywhere else on PREMISES, c.Weight-lifting equipment(weighing more than a total of 25 pounds)In rooms,apartments. d.Eilcycfes,except when scored in students'rooms or in designated areas where they do not block fire exit routes, e.Motoicyclos,except in authorized locations parking for areas, f.Oulsido antennae for television or radio. g0alor beds,lofts,and Illegal elevation at slacking of furniture. ?(.Unauthorized decoration of room,apartment,or suite surfaces at doom with paint at adhesive-backed wall coverings such as Wallpaper or contact paper. IMP arms.Possession or use of firearms(including 88 guns,pallet guns,spring-landed guns,or paint ball guns),ammunition, fireworks,other dangerous weapons(including the following,Which are illegal In West Virginia:chukka sticks,gravity knives, Billy clubs at nightsticks,blacklacks,motal knuckles,or wrist brace-type-slingshots.},or other dangerous substances are not permitted, ........... AGENT Ppoe 4 M14 TENANT i.Storrrge or rise of flammable or explosive liquids or gases including lighter fluid is not permitted, R,PossusSlon and/or Use Of ohictfir,11 t3qkl!Pment and appliances In private bedroom areas,I,E(microwaves,holprater,mini fridges,electric healers)is riot allowed, l3arnporing with or misuse of elevators or fire and safety eriuipment(e.g.,fire alarms,door alarms:fire signs.emergency phones,fire doors,sprinklers,Of Smoke or heat sensors)and/or failure to respond to fire alarms, m.Propping open of unit front door.No noTo may tie hung outside the building from balconies or out Of windows. n1rigaging in any other activity determined to be In Violation of health,fire,safety,andlor maintenance codes o,Possession or use of candles,incense,potpourri burners,charcoal Or gas grflls,Space treaters,or anything that uses art open name, p.Damaging or misusing OWNERS Property anelor(tie provided f(IMItUtO Moving furniture from publjt areas into Individual rooms,relocating or removing OWNERS Property from a room or blinding,or nailing hooks Into OWNERS provided furniture,walls.ceilings,or doors), q.Removing room screens or safety bars,suspending articles from windows andlor ledges.or throwing obiecis of any kind train buildings or breezeways r,Ptesence on building root areas and window ledges or in other unauthorized areas, s.Playing ban,Fristiou.or any other sports fn Individual rooms,or apartments. t.DISrupfIve behavior or excessive naise of any kind, u.1"hysica!,verbal,a!-mental harassment of any individual, v,Clianging or adding locks to individual rovoit or apartment entrance doors. w,Aniplificallon(electrical or otherwise)of any musical instrument.or playing of dfulw,, x.Theft or unauthorized possession of OWNERS proprotty or properly that belongs to an individual or group, y,Unauthorized entry into,tampering with,Or use Of favilifies,Property,services,or resources brqnnq;nq to ilia OWNER,its community members,guests or licensees, TENANT ackrrowledqes readinglundetstanding this LEASE and hishier light 10 consult with an attorney concerning LEASE and all addendurns, fuilhwq J 2012,07,16 TENANT PRINTED NAME TENANTSIGNATURE WITNESS —................ SEVENTEEN.VEHICLE PARKING,Any Vehicle Parked by TENANT oi TENANT'Sfarmfy 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 riot parked within our designated.lined parking spices will oil(Owed at owner'.-,risk and expense.TENANT will obey all parking and speed regulations which AGENT may PfOolull9ale Of post and park,in the designated parking areas,only one property lagged and functioning passenger motor vojjlcte,or truck whose appearance,in AGENT'S reasonable opinion,does not detract front the apartment community,and will not permit nor maintain any COrtimercial Vehicles or trucks in excess o(314 ton GVW,trailers,campers or boats in or about the apartment community,TENANT Shall not use any parking area on AGENT'S property for the storage or repair of any motor vehicle or other properly and Wit remove any unauthorized vehicles or other property from said Parking areas within 24 hours of request by AGENT,It TENANT shall(oil to comply witir)this,Section SEVENTEEN.,VEHICLE PARKING, TENANT agrees to pay AGENT al tire rate or Fifteen U-S,Dollars($15-00)Per day,for 1110 Use Of said parking area.Anyvehick-,of other property Improperly parked,or stared;so as to block at inhibit access to any dumpslar or fire lane will be levied,or otherwise removed.at its owner's risk and expense,The TENANT agrees/{fat the AGENT shall not be responsible for any loss,Ifleft of damage to flit,motor vehicle or to any articles left in flie motor vehicle,parked on the PREMISES by ilia TENANT-fts agent or invitee_ EIGHTEEN:USE OF PREMISES,The TENANT shall use Nye PREMISES(Or residential Purposes 0111Y NO commercial venture or business of any Wind may be operated from the PREMISES,All parties living In said apartment must be a party on the applicable,executed LEASE,with the exception of minor children,Tire TENANT may allow temporary guests to stay on Ilia PREMISES,only with the consent of all roommates III ft applicable apartment and written notification to AGENT/Owner,a maximum of seven days per calendar month.The use of ilia PREMISES,balconies,elevalm, parking spaces,laundry equipment,volleyball court,pout,grilling area,clubhouse,fitness carrier.computer lab,rurnmunity,kitchen.and of other common facilifies provided by AGENT shall be at the risk of TENANT.TENANT'S guests,invitees,ornployees and agents,cacti of whom does hereby and release and indemnity AGENT from and against any claim,demand,debt,liability,judgment,cost or expense,damage to person at property or Injury to or death of any person arising out Of use Of such common areas,TENANT covenants that he will(a)keep the par,of the PREMISES fie 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 dumpstars provided by AGENT tat the purpose only:(c)refrairr and turbid his guests from intentionally or negligantly destroying,defacing,damaging or retrieving any fixture.appliance or any part W Ilia PREMISES or common area:(d)conduct himself and require his guests to Conduct themselves in a manner which will not disturb his neighbors Peaceful enjoyment of ilia PREMISES. TENANT shall not allow any hair,thread,razors,toothbrushes.bolife caps.rags,paper towels or rubbish of any kind to enter the drainage pipes of the toilet,sinks or bathtub of Ilia PREMISES,TENANT shall be billed for Ilia labor and parts to repair damages due to such negligtinco,Such damages Ihal Occur in the shared areas of the PREMISES are the shared responsibility of the TENANTS and mrsolling charges shall be dMded between every TENANT of the PREMISES unless one TENANT willingly assumes responsibility 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 ppoi, parking Areas,volleyball,basketball,fanning rooms,fitness center,clubhouse and computer center,high Speed Infernal,cable TV(none oirwhich facilities ,amenities are Included in Ilia rent)solely at TENANT'S own risk,and TENANT agrees that AGENT shall not be responsibly for tiny Injury to person or, 'lo ,ci foss or oamago to Property arising Out of TENANT'S use thereof,unless the same is caused solely by AGENT'S fault,omission,nngfigenrxe or other miscond"t, Furthermore,TENANT will not hold AGENT/ONWERresponsiblu for any outages or InabiNY(0 use$riot,amenities orfacilitles(i.e,withholding rent due trioul nqest, The AGENT Inay revoke use of any of these facifilies without affecting the remainder of this LEASE, TENANT agrees to comply with,and to cause TENANT'S family and guests to comply will),all rules and regulations refuting to the Use thereof,which AGENT posts at or near the pool or mails to TENANT(In accordance wfthSIXTEEN.RULES& REGULATIONS of this LEASE.A faliure to complywith Said rules and 10910alromS may result.at AGENT'S option.in AGENT revoking TENANTS use of the pool TWENTY:DISTURBANCES.TENANTshall maintain order in The building and shall not make orpemin any Improper noires in m-building or interfere in any way with other TENANT or those having business with them. Nor shall TENANT.TENANT family,or guests act in a disorderly, boisterous,or unlawful manner or dUn urb the rights,comrorls.or conveniences of other persons In the area tot which tile PREMISES are located. TENANT agrees to comply with all rules,orders,ordinances,and regulations of the county govemnient and with ail Statutes,rules,and regulations of the State of Pennsylvania and with all statutes and rules and regulations of ilia United States and all policies Kind regulations at AGENT(sen 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 ruler,and regulations AS OWNER,iirr trip judgment of AGENT,may from time,to time promulgate in writing to ilia TENANT for the Safety,care rind cleanliness of the PREMISES,the building,and for ilia preservaiion of good order therein, In this regard,OWNER reserves the right to relocate TENANT to other PREMISES or to terminate rhis LEASE if OWNER orAdENT,determines that TENANT ties demonstrated behavior ilia(significantly disrupts or poses a danger 40 tile PREMISES,common areas,neighboring TENANT or other parts or aspects of the TENANT complex in which TENANT is iocale& TWENTY-ONE:ILLEGAL DRUGS.If TENANT,TENANT'S employees,agents,invitees and/or guests,engage!It,pormit or farituate any drug related criminal activity on or a1vul tire PREMISES,TENANT will be doomed to have and mrilpflany broached INS.LEASE,with 0'1 ed criminat activity'n ieaf such breach being grounds to terminate IFENANT'S orrupanny of flit,PREMISES.)tie i�.,rm"druq•t I,t AGENT Polle,5 of 14 TENANTLI".. L ......... Comprehensive Drug Abuse Prevention and Control Act(21 USC 802(6),as amended)or it the AGENT has actual knowledge of or has reasonable cause to believe that the TENANT or arty person an Ilia PREMISES wilh the consent of the TENANT previously has or pfesv"Ally Is ongagod in a violation as described in ilia Slate Low Of Parthsylvanii dealing vmh drug otlenses, TWENTY TWO,,LIABILITY OF AGENT.AGENT shall not be liable for any injury,damage or loss to person or properly caused by other TENANTS or other persons,or caused by theft,vandalism,fire,water,stroke,explosions or olher.causess,unless the Some is exclusively due to file emission,fault,negligence or other misconduct of lite AGENT.Failure or delay In enforcing LEASE covenants of other TENANTS shall not be deemed omission.fault.fiegligenco or other misconduct on the part of lite AGENT.TENANT shall defend and indemnity AGENT from at -or any if which AGENT is hereby exonerated. TWENTY-THREE,AGENCY.If any employee ofAGFNIS at TENANTS requett,moves,handles or states anything.of drives or parks TENANT'S molar vehicle.then and in every case,such employee shall be deemed TENANT'S agent,and AGENT shall not be liable for any toss,damage or expense in connection,!herewith.All properly that is on the PREMISES during the term shall be at the solo risk and responsibility of TENANT, TWENTY-FOUR:NON-WAIVER.Failum of AGENT to insist upon a strict compliance with any of the covenants.rules Or regulations Of any other provision of the LEASE,pr'to exercise any option herein contained,shall not be construed as a waiver of such a covenant,rule. regulation or Option. All covertainis,rules.regulations and options under the LEASE shalt remain In f0forco and effect,and AGENT shall not be liable or responsible to TENANT toulbe violation of any covenant.rule of regulation in any other,LEASE by any other TENANT, TWENTY•FIVE,,FURNITURE&FIXTURES.Any equipment(cabinet's,shelves,furniture,appliances etc_)attached to the building With tile consent of AGENT,Will become a permanent part of the buildirigand,will not be rentoved without consent from the AGENT Removaietany furnishings Including all fixtures from PREMISES Is prohibited, No alterations ate to be made to lite furnflumor fixtures, Additional furnishing brought into the PREMISES must be freestanding and c4ear of all existing fixtures,furniture or walls. The following items are provided by the OWNER for TENANT use: 1x Electric Steve/RangeX Tr computer Desk X Ix Coffee Table X Light FixturesX I Y Computer Desk Chair X Ix End Table:= lx Ceiling Fans-Varies by Unit X Ix Under Bed Chest at 0,4tfwersX Ix 3 Person CotichX lx Oversized ChairX Ix Electric Water HeaterX Ix Full Size Washer and Dtye(X Ix 5A"975"or Ix 36'XSW Steel Bed FramoX ix Double 54x75'oi ix 36'Xiltr Mattress X lx Electric Heal Pump I Central AlrX is Fire Extinguisher in Kitchen X lx Dining Room Table X Dining Room Chairs X Ix Refrigerator X Ix Under Cabinet MiturowaveX Jx Dishwasher X Mini Blinds X ix Fire Ala,"System I Strobe Lights/Smoke/Fire Detection Devices&Stifinkler heads lf-tto Deteclars*x- All items above are to be maintained to good repair by TENANT,Appliances listed above are provided as a convenjonce for the TENANT, items are not to be removed from the PREMISES or rearranged within the apartment at any tinte without the expressed written consent of Me AGENT. Any fixture/appliance!furniture supplied by OWNER shall be Supplied In-as is'condition. OWNERIACENT is not required to replace or repair such items if damaged or worn, TENANT Is responsible,for all repairs and maintenance of above items. TWENTY-SIX:MAINTENANCE,SMOKE DETECTOR BATTERIES,LIGHTBULSS.TENANT agrees to make normal repairs,to include,but not limited to,replacing light bulbs with same energy efficient light bulbs,smoke defector batteries,vacuuming and shampooing carpels fegularlytivring the course of time LEASE.TENANT will notify AGENT of any smokeffire detectors that are not working property ltirimedialely and request a repair or replacement TENANT will pay lot any damage to Property It TENANT falls to notify AGENT of detective smokeffire detectors.Arty damages(broken windows,clogged commodes,entrance locks)resulting from TENANT negligence at abuse are the responsibility of the TENANT,and TENANT specifically agrees to pay for the repair of such at the time of the repair by AGENT(see Section TWENTY-EIGHT*CLEANING, REPAIR&REPLACEMENT,below),These torms also apply for service to plumbing when the TENANT or their guests cause the plumbing problems.OWNER or AGENT will do Inspections as needed.Repair costs nuceusitated because of(tie negligence or neglect of TENANT, TENANT quests,invitees,or employees are ilia responsibility of the TENANT,Damages that occur from normal wear and tear to any appliance,furiniture,or housing fixture must be reported within 5 days of the incident or such damages will be considered to have been caused by the TENANT.Except for normal repairs Specified herein;TENANT shall not make needed repairs themselves without OWNER/AGENT written consent. TENANT Shall purchase and Install 0-watl bulbs 111:31 bun)out during the term.of ilia LEASE*however, AGENT shall replace any fluorescent bulbs and the vanity bulbs In the bathroom upon TENANT request. TWENTY-SEVEN.NORMAL WEAR&TEAR.Accumulation of excess grease anditor din and damage to walls,ceilings,Poors,or appliances wilt riot be considered ordinary wear and fear and it not property cleaned,cleaning charges will be deducted from the SECURITY DEPOSIT,if, in the OWNER sole discrollon,trash accumulates or living conditions arnount to I health I safely condition,then OWNER may hire apittopriale people to clean the PREMISES to reasonable living conditions,and bill the TENANT.Specifically,TENANT Is responsible for any and all damage to their Apartment and any differ Aparlinent(s)caused by TENANT neglect.As an example,flooding due to clogged Toilets,tubf showerisink overflows,and/or misuse of dl5hwasher,etc Is TENANT neglect. WEAR AND TEAR items only Include items that are not caused by TENANT but ate a result of normal use over the years of inc:apartment including loose or stubborn door locks,loose hinges or handles on doors,worn carpoling,carpet scants unglued,warn but not citipped1burned/ cut counter tops,stain on ceiling from rain or bad plumbing,drywall settlementladed,chipped or cracked paint but not marks caused by TENANT,loose wallpaper,faded curlalrfs and drapes,heat blistered blinds,dirty window at door screens not caused by TENANT,sticky window,loose faucet handle,toilet itaw and closet bWold door off track,Damages that occur from normal wear and tear to any appliance, furnituro,or housing fixtures must be reported within 5 days of the Incident or such damages will be considered to bave been caused by the TENANT, TENANT acRoowledges madmqtjudersla I irjR jhts _E4_^,f it ,ja - It-r jj hi to consult with an attorney concerning LEASE and.40 addendions. Anthony Dimmilea TENANT PRINTED NAME TENANT SIGNATURE aft WITNESS TWENTY-EIGHT*CLEANING,REPAIR&REPLACEMENT.TENANT is expected to leavo the uoll in the exact same or bouvrCoodition it was prior to their occupancy less normal wear and tear as defined above, if any addIllonai costs are inserted on the part of time AGENT';' OWNER to return the unit to lI%e exact same condition prior to occupancy is sole financial of the TENANT. We request that lhe units are treated with respect and kept in great condition for those to enjoy after your stay. CLEANING&REPAIR. it prior to moving lite items below are not cleaned and felt in satisfactory condition,the following charges are minimums amounts AGEENT " 6 1 TENANT[' age of 2 potentially requiring clearginr ipair are listed. The TENANT Will be charged if such iterr listed require cleaning or repair, Any Appliance- $35 Trash removal- $50/bag Tub/Shower- S30 Carpet- S 3 S Carpet- From$100 Painting• $50-750 Tile Floor- $20 Closet- S15 Toilet- $20 Fire extinguisher S25 Cabinet- $35 Furniture• S35 Sink- S10 Washer- $35 Countertops- $25 Mini Blinds $40 Countertops- Vs Dryer- 535 Furniture,any- $35 Lost Smart Card $,io Tile- $25 Tile- $15 Hole in wall- $15-75 Mirror- 510 Clogged Toilet- $5o TENANT acknowledges readinghindf-ts(anding this LEASE and his/her tight to consult Willi an attorney concerning LEASE and all addendoms, 0-...... Arift"y TENANT PRINTED NAME TENAW SIGNATUNIE-1111 'WIT—NESS REPLACEMENTS. l(any items are missing or damaged beyond reasonable'wear and test',they must be rclitacecf upon tenancy explialion/larmination. All costs for items and snYlall labor and service charges are the responsibility of the tergaryl. Arg average list of charges are listed below,though these prices are subject to change and list Is a guide and not iactusive of all potential replacements. Window glass- $75-250 Washer- $750 w0dow Screen-$75 Door Lock Code-S40 Light bulbs- S3 each Tile- S,250-1,000 Fire Extinguisher$50 Dryer- $750 Doors- $75-450 Mini Blinds- $50 Towel Bar- $20 Bike Rack- $50 Countertops- $100-500 Mirrors- $75 Fridge Shelves- S30 ShowerRod- $25 Appliances- S350-750 Carpet- S150-2000 Light Globes- $30 TENANT acknowledges rradingfunderttinding this LEASE and Ift/hirr right to consult with an attorney concerning LEASE and all addendurris, Anthony Dignartao TENANT PRINTED NAME TWENTY-NINE.-APARTMENT ALTERATIONS.TENANT is not to rake any changes of any nature,Including painting without first nblaining whiten consent from said AGENT,and the TENANT agree,,to notify the AGENT when any repairs are needed to the futnisnings or PREMISES,and AGENT shall not be liable for any failure to repair In the absence of such notice. THIRTY:INTERNET&NETWORK USAGE POLICY. Provided corriputier network systern I internal;access is owned,operated and maintained by OWNER/AGENT. It Is provided as a toot for your success and a venue for reasonable recreation only, Downloading',uploading at otherwise transmitihigany type of illegal content across this network is strictly prohibited. This includes trademarked,copyrighted and otherwise rostrirted materials. Any viotihon of these policies will result In corrective action Including but not limited 10 revocation of inglerhetlygetworkoccess and/or eviction Users have NO REASONABLE EXPECTATION OF PRIVACY while using this Network/Internet access, Any and all data conlainifel herein may be monitored,intercepted,recorded,read,copied,or captured in any manner by authorized personnel.System personnel or supervisors may give law enlorcongem officials any potential evidence of curne,fraud,or user rulsiconduct found an this and all connected computer systems. Furthermore,law enforcement officials may be atilhonzed to access and cotlert evidenc,--from this system, USE OF THIS SY$TEhVNETWORKIINTERNET 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 hisihot right to consull Willi an attorney concerning LEASE and all addenglums, ,Wlmny Otynallea TENANT PRINTED NAME TENANTSIGNATURE DATE WITNESS THIRTY-ONE:OWNER ENTRY&INSPECTIONS -MONTHLY,OWNER/AGENT reserves the right to enter the PREMISES at reasonable limeswilhoul prior notice to determine TENANT compliance with the terms and conditions of this LEASE.to make any repairs or perregfing ally maintenance for whic,,h AGENT is responsible.and to show!ho PREMISES to perspective TENANT.TENANT is responsible for heaping PREMISES,slops,hallways,and parking areas cfeanand presentable at all times. 01AINERIAGENT reserves the right to enter the PREMISES at any time that the AGENT In its sole discretion,determines that there exists an ernargency situation involving the PREMISES or a sanguine viat presents danger of damage to person or property and/or loss of fre. Normally,maintenance and repair work will be performed between Ihe,-liou,s of 8'30a.m.and&30 p.m.The OWNER/AGENT shall have the right to enter the PREMISES without pricy notice its order to inspect the PREMISES,make necessary or agreed repairs,decorations,alterations,additions or Improvements,supply necessary of agreed services or exhibit the dwelling,check to see it the TENANT is incompliance with the terms and conditions of this LEASE or show the PREMISES to either Prospective or actual purchasers,mortgagors,TENANTS,or workman, OWNER/AGENT will enter the apartment on a monthly basis to conduct roulineapadment maintenance and inspac.Mins including pipe checks.HVAC filter changes and perform pest control measures. TENANT ackrimviedgeq readinglunderslanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendurns, Anthony Diminet TENANT PRINTED NAIvi— —DATE ,ViTi --.—AGENT 1`1396 10!12 TENANTI�I THIRTY-TWO:ASSIGNMENT&SUB''TTING.TENANT agrees to not assign this LEASE or to sublet said PREMISES,or any part Illotool, Without written consent of Sold OWN' LENT and any transfer In violation of this prohibition shall %matically null and void,At AGENT sole disrrelion,AGENT may giant or. Acild such written consent, It AGENT allows sublet,there v. ,a Two Hundred U,S.Dollnr (S200.00)administration fee payable krunactiatOly, TENANT short notallow,nny other person,or persons,regardless of ago,to occupy any part of tile apartment unit Without prior written consent of OWNER of AGENT, Subleasing or Occupancy by anyone Witter than a Sly student is strictly prohibited. In addition,rooms assigned in this LEASE can only be changed at discretion of AGENT or OWNER, THIRTY-THREE:ROOM ASSIGNMENTS.TENANT of a three dr.more bedroom apartment agree that the apartments are designed for multiple Occupancy and(fiat AGENT has the right to make assignments during the torn)of this LEASE to reassign TENANT to other apartments or to assign other occupants to TENANT'S apartment where necessary to maintain a fully occupied unit,Any TENANT of a three or more bedrootri apartment which Is not fully occupied are not to utilize in any way that other bedrooms or baths. Use of unoccupied spaces by TENANT or TENANT quest will result in additional rental and administrative charges In the amount of One Hundred U,S Dollars($1 00.00)per day, There K-a Two Hundred U,S.Dollar($200,00)charge for any request Or the TENANT to Imnitle(lo A new unit whether prior in or during occupancy,and such request must be approved solely by the AGENT, THIRTY-FOUR:HOMESTEAD EXEMPTION,TENANT hereby waives and renounces for Intminiersell and family any aria all homestead and exemptions rights helshe or they may have under or by virtue of the laws of the State of Pennsylvania or the United States as against any liabillVy that may accrue under this contract. THIRTY-FIVE t CLIMATE CONTROL.TENANT aclimawledges and undenslands that(a)the assigned space is located Ina climate in which temperatures,humidity,and other naturally occurring conditions normally allow the growth of maid and inittlew in focallons where,darriptiess or moisture are present;and fb)open moving Into the assigned space,TENANT will have control Over and knowledge coneptning conditions in the interior of the assigned space,Thardole,TENANT agrees to set thermostats to provide appropriate climate control and maintain the assigned space in a clean condition by mopping,vacuuming,or wiping hard surfaces with a household cleaner.TENANT is to remove visible"islure of condenwifort an floors.walls,Windows,ceilings and Whor Surfaces promptly,In addition,TENANT snust take other measures as may be necessary to prevent mold and mildew from accumulating in the assigned space(including without lirnilation reporting immediately to the AGENT any evidence of water leaks or mold or mildew-like growth).Thermostals,are locked for cooling during spring and summer months at a minimum of 72 Degrees and forwinter months for heating at a maximum of 70 Degrees.During winter months thermostats should be set on heal,during springitsurritner morillis thermostats should tie scat en cool.The fan selling should always be set on AUTO.In addition,windows should be completely still(while.[tie HVAC units are in use,in winter and sptfn summer monlins to ensure efficiency, THIRTY-SIX:COMMON AREAS.Gammon areas include but ate not limited to hallways,stairways,Sidewalks,courts.entry passages, pIlvilions,lounges,studies,utility arid storage rooms,grounds,and b0di". exteriors, No Items are to be placed In or attached to any coryonon areas without the express written consent of AGENT,including but not limited to any type of antenna or satellite dish,TENANT is expected to take every precaution to assure that common.areas are not abused.TENANT is responsible for all damage and loss to tile common areas caused by him/her or members of his/her faintly visiting the PREMISES or his/her guests visiting the PREMISES,including damage to and(ass of fixtures and fumishings in the common areas as well as damago to the common areas themselves,whether or not due to negligence, TENANT shall not obstruct or use any sidewalk.court,entry passage,hall,or stairway for any purpose other than ingress and egress., THIRTYSEVEN-.FIRE SAFETY.Open Flanles,Ex1prisioi)Cords,Space Heaters,Barbecue Grills,&Tito Torches ate prohibited.Smoke Alarms will not be tampered with or rendered inoperable.Open flames are strictly prohibited in or around PREMISES and benilalh covered areas(i,e.,stairwells),except when provided by OWNER In designated areas.Extension colds(besides Power strips with breaker swirchos) and spate heaters ate also prohibited,It these Items are found in use,they will immediately be confiscated and riot retuned.Barbecue Gulls, other than ones provided by OWNER,and TIM Torches are prohibited in or,around all structures.TENANT agrees to lot OWNER permanently remove and permanently confiscate any grills,torches or other 0alurnable Items found In contradiction of this provision at any time.- THIRTY-EIGHT.INDEMNITY.I ENANI"herphy roleast-AGENT from any and at"damages to property or injury to persons and will field tile AGENT harmless from all such damages during the term of LEASE,arlsing from the bursting or looking of water from any act of negligence of TENANT,of any GO TENANT or idjolning TENANT of any other persons whomsoever,All personal property placed in the PREMISES.or any other place,APPUP-TENANT thereto,shall be at TENANT sole risk,and neither OWNER nor AGENT shall not be liable to TENANT or TENANT,family,employees,invitees,or licensees for any damage,loss,theft,caused by water,snow or fee or destruction thereof unless caused by the sole negligence of OWNER or AGENT,TENANT understands that OWNER insurance does not cover TENANT.TENANT property or quests.TENANT must have tenters Insurance,fire and liability Insurance to protect TENANT,TENANT property and guests who are injured while on the property.TENANT Is responsible for ail damage to the LEASED PREMISES and Injury to people caused by TENANT, `TENANT family or guests. TENANT agrees the OWNER Is not responsible to TENANT,TENANT family or guests for damage or Injury caused by water,snow or Ice that comes on the LEASED PREMISES. THIRTY.NINE:INSURANCE.During the term at this LEASE,and any extension thereof.TENANT should,at TENANT'S sole cost and expense,purchase rontor's,torn!homeowner's Insurance coverage providing for personal liability(bodily Injury and property damage)coverage with a limit of not less than$500,000.00 each occurrence and$5,000.00 in medical payments coverage and further, ly.oviding,ooverage to keep TENANT'S personal property on and Indio PREMISES Insured for the benefit of TENANT against loss or damage resulting from broad form nomed.perils on a replacement cost basis.TENANT acknowledges that AGENT does not carry any insurance on TENANT'S personal possessions, Such insurance policy must name AGENT&OWNER as an"additiOnaf loss payee and additionally Insured"on Issued Certificate of Insurance. TENANT acknowledges readingtonderslanding this LEASE and histher right to consult with an attorney concerning LEASE and all Add-endumq. I _ "ii"Yohnaffe., [_'� P�. . "'. 2012-07-16 TENANT PRINTED NAME DATE WITNESS FIDURTY,.BINDING EFFECT AND APPLICABLE LAW.The covenants,conditions and LEASES herein shall apply to and fund the haif3, executors,";sorrel repro3ontalives,soccossoN and assigns of the parties hereto,Ifany provision of this LEASE Is held to be invalid or unenforceable,all other provisions shall nevertheless continue in full force and eflua This LEASE shall be given affect anti shall be construed by application of the law of Pennsylvania, FOURTY•ONE-NOTICES AND SERVICES OF PROCESS.Notices may be served upon the TENANT in person or by regular mail whether or not mailing Is accepted by TENANT.Written notices to AGENT or OWNER as required herein must be presented la MCA/8CAJCGA LLC,i4 Kenneth Ave Apt 2 or 2 Morningstar Lane Suite A Shippefirsbury PA 17257. FOURTY-TWO:TIME IS OF THE ESSENCE.Time is of the essence of this LEASE FOURTY-THREE:SEVERABILITY.If any provision of this LEASE or application hereof to any person or circumstance is field invalid,that invalidity shall not affect other provisions or applications of[),its LEASE which can be given effect without the Invalid provision or application, and to tills end,the provision of this LEASE are declared 10 be sevotattfe. t ENT Paut 8 of Q POUR TY-FOUR:SUB ORDINATION '-TORNMENT,ESTOPPEL CERTIFICATES. Inconsideraf 'fIhuPxr1cuflon Orlin LEASE b� AGENT,TENANT accepts this LEA! )joct to any master leasas,security interest a,first morlq� Itch might now or hereafter canslituto a lien upon the PREMISES or any liv,._ig or improvements within the apartment community and to z-ang ordinances and at'hot b0ding and fire ordinances and governmental regulations relaling to life use of the PREMISES or the common areas at the apartment community Although no instrument at act an the Dart of the TENANT�:ball be necessary to effectuate such subordination,TENANTshalf,nevertheless,let(tic., purposes of confirmation,at any time hereafler,on demand,in the form(s)prescribed by AGENT,execute any InsittlMoms,Certificates. or other documents that may be requested at required by any holder of any superior interest tot the purposes of subjecting and subordinating(his LEASE to the lien of any such masterLEASE,security interest,mortgage,of superior interest,TENANT hereby appoints AGENTas his/her allorney in fmcl.irrevocably to execute and deliver any such instrument at,document for TENANT should TENANT fail or refuse to do so.In the event any proceedings ate brought foe Ili&foreclosure of,of Ili the event of exercise of the power at sale under,any mongage made by the owner of the ain rhilaw community or In tile event a deed is given in fieu of foreclosure of any such nuortgoge.T'ENANT shall vitorn,to life purchaser,or grantee in flou of foreclosure,upon any such throrl0swe or sale and recognize such purchilser,or grantee in lieu of foreclosure,as the AGENT under this LEASE.TENANTaqrees to flanish from lime to lime when regvestud by AGENT.a cerUticale ,signed by TENANT to the oflo-el,that this LEASE is then presuntly in full force and offact arid unneadifitia(or has been modified and is AS set tariff in(lie corlificale);that the term of this LEASE has commenced and the full rental is then accruing hereunder theamount of reirl cufrently being paid by the TENANT:that TENANT has accepted possession at the PREMISES and that any improvements required by lhe forms Of this LEASE to be made by AGENT have been completed 10 the satisfaction of TENANT.,that the addross(or nollcets to be sent to TENANT is as set fortb in this LEASE(or has been changed by notice duly given and is set forth in the certiflulo);that TENANT,as of the date of such corifficate, has no charge.lien,orclaim of offset under this LEASE or olhorwiseagamst rents,or olhor charges due or to bLcome due horeundec and that to the knowledge of TENANT.AGENT is no!then in default under this LEASE.The certificate shall Visa contain sucli other and further information as may he requested by AGENT. FOURTY-FIVE:ASSIGNABILITY. This LEASE is fully assignable to aft rights,obligations ol"TENANT to any third party by sole decision of FORTY-SIX.RESPECT OF AND INTERACTION WITH OWNERIAGENT:Terment understands and acknowledges thatOwnerlAgemis rnadeavailab)L fee their benefit.AGENT understands ititualions will arise during TENANTS term and requests that TENANT,TENANTS relatives or person representing TENANT discuss any situation with AGENT in a professional manner.Any unprofessional behaviorJetirsing,raising of voice and any other negative attitude directed toward AGENTtOWNER)via e�mail,pholie or it)person will not be accepted TENANT understands if such an occutrorre beconre.s a reality,AGENT has the option to request that the party which is acting in such a manner return When tielshe is capable of discussing trip(nonor at hand in a ptofessionat manner.TENANT understands that AGENT-elirfes hot relate to TENANT in such I way and AGENT raqkui51s TENANT Irews AGE NT%Njih tile same irespect,If TENANTITENANT's Family or person representing TENANT can not,conduct themselves in it professonal fria',iner,TENANT viili tie requested to remove themselves from property and the LEASE shall be nullified by both AGENT and TEANANT.I understand the precedingtind will abide by its request. TENANT PRINTED NAME DATE WITNESS FORTY-SEVEW MISCELLANEOUS 1,Poks ofANY kind are strictly PRO141SITED In all MadisonliCreeksidekBrooks1do Court Aprfrhnunts and commoo areas.ANY violation of this provision by TENANT may,at AGENT optloo.result In any craft of the following consequences�lemifrialion of this Lease Agreement;a!Imposition of a mandatory non-refundable pet assessment In the amount of two hundred dollars($200 OD)par day for such lime as the TENANT has had a pet in the lestsedpremises. 2.No custodial service other than in public:areas is willcipated in the lease. TENANT will dispose of fresh and garbage in tile designated location and procedure as outluie�d by AGENT for each respective building or living area. 1 No item May be hung outside tire building from balconies or out of windows, 4.AGENT agrees to furnish heal,water,and efectrielly(Is explained in item 5 en Page 2 of this Lease),and Amenitias such as cable TV tind internet access in it)(,-Madison�Creekside�Brooksido Court Apartments.let no event shall AGENT be resporisible.for any interruption,shortage or reduction of ruilifies suppi;co to fire promises,no matter how caused;provided,however,trial i'suct) interruption,shortage or reduction Is caused by OWNER,than OWNER agrees to use reasonable efforts to restore tr"Ilities and amenities as soon as reasonably and pfaclicallypossible. 5,No commercial business finciuding regular day cre)may be conducted from the premises, Daorto-doof soficifing is not permitted, 6.Front deals to unilsare not to be propped open at any time. 7JENANT shall not store any combustible materials on or about tile premises, nor shall TENANT uIllizo candles,incense or othor similar items on or about the Promises, &TENANT shall follow aft rules and policies conceming traffic and parxing as instructed so fly AGENT, 9,Summer Storage is offeTed to renewing or new TENANTS only. FOURTY-EIGHT,ENTIRE LEASE AND^DnENmom xdd*ncums me expreisly Marie part m LEASE and the combination of which contains the entire LEASE or the partioa and can only be changed in writing when signed by both patties except when AGENT may unilaterally rtiodify the rules and regulations contained herein in accordance with Section SIXTEEN*,RULES®ULATIONS, above. 'Lease Application-Completed prior m lease signing and electronically signw/. 'm^",pm^eas"" 'mmmwpaicy -Smoke Detector Notice The following x*xu^vam^sfifo"n"will»v completed and signed upon Move m Day and=xo°available v"your n*=vtnv"m/after completion. 'w*lwmrovnx*mm^*m*,(Ad^,nu"m -Door code/Mailbox Code Release Form 'Parking Permit Form IN WitNESS WHEREOF,the Parties have*xacvmu it)*opl*am the entire"onteo(s of,is LEASE.TENANT acknowledges,ea*wg/ understanding w aame w`dmome w ^t it)pn,ol/with°"�'^xr= concerning LEASE and aft xwue.u"mo romrsw^mro.m.e, acknowledges and agrees that this LEASE,°*""filled not and signed./sr binding legal obligation. [' —~ ��~`^- ^^^- o°=.w � TENANT PRINTED?W�E TENANT SIGNATURE UAIL WITNESS ^~~~~~~'`~'--^^ AGENT SIGNATURE— ' [^ ____^nswr eo v aw rcw^=�_ .'��r�»,"n= ] LEASE AGREEMENT- MOLD INFORMATION AND PREVENTION About Mold. Mold is(etrnd virtually everywhere in our environment -both indoors and outdoors and in both new and old structures. (.'olds are naturally occurring microscopic organisms that feproduce by Spores and have existed practically from the beginning of time.At of us have lived with mold spores all of our lives.Without molds we would all be struggling%(fill large amounts of dead organic matter.Mold breaks down organic smiler in the environment and uses the end product for its food.Mold spores(like plant pollen)spread through the air and are commonly transported by shoes,ciolh(ng and other materials.When excess moisture is present inside a dwelling mold can grow.There is conflicting scientific evidence as to what Constitutes a sufficient accumulation of mold which could lead to adverse health affects,Nonetheless, appropriate precautions need to be taken. Preventing Mold Begins With You.In order to minimize Ilse potential far mold growth in your dwelling,you must do the tollowing; a)Keep your dwelling olefin -particularly in the kitchen,the balixoom(s),carpets and floors.Regular vacuurnfng,mopping,and using a household cleaner to clean hard surfaces is important to remove the household dirt and debris that harbor mold or food for mold, Imme0afely throw away moldy food. b)R.emove visible moisture accumulation on windows,walls,ceilings,floors and other surfaces as soon as reasonable possible,took for leaks in washing machine hoses and discharge lines-especially if the leak is large enough for water to infiltrate nearby walls.Turn art any exhaust fans in tine bathroom and kitchen before you start showering or cooking with open pots.When showering,be sure to keep She shower curtain Inside Ilia tub or fully close Ilia shower doors.Also,the experts recommend that after Inking a shower or bath,you: (1)wipe moisture off of shower walls,shower doors,the balhlub and the bathroom floor;(2)leave the bathroom door open until alt ntolsture on the mirrors and bathroom waits and file surfaces ties dissipated;and(3)hang up your towels and bath mats so they will completely dry out. c)Promptly notify us In writing about any air conditioning or heating system problems you discover.Fallow our rules,if any,regarding replacement of air fillers.Also,it is recommended ihal'you)aeriodlcally open windows and doors on days when the outdoor weather is dry(i.e.,humidity is below 50 percent)to help humid areas of your dwelling dry out. d)Prompty nofffy us in writing about any signs of water teaks,water infiltration or mold„We Will respond in accordance with sbafe law and the LEASE Contract to repair or remedy tie situation,as necessary. In Order to Avoid Mold Growth,it is Important to prevent excessive moisture blifldup in your dwelling.Failure to promptly pay attention to leaks and moisture that might accumulate on dwelling surfaces or that might gal inside wails or tailings can encourage mold growth. Prolonged rnofsture can result from a wide variety of sources,such as. a)Ra(nwaler leaking from roofs,windows.doors and outside walls,as well as flood waters rising above floor Level; b)Overffows from showers,balhiubs,Collets,lavatories,sinks,washing machines,dehumidifiers,refrigerator or A,'C drip pans or clogged up A(C condensation lines; o)Leaks from plumbing lines or fixtures,and leaks into walls from bad or missing groulingtcaulkfng around showers,tubs.or sinks; d)V%rashing,machine hose leaks,plant watering overflows,per urine,cooking spills,boverage spills and steam from excessive open pol. cooking; e)Leaks from cloth fryer discharge vents(which can put lots of moisture Into ilia air);and f)Insufftcient drying of carnets,carpet pads,shower walls and bathroom floors. if Small Areas of Mold Have Already Occurred on Non-porous Surfaces(such as ceramic tile,granite,Formica,vinyl flooring,meiai,wood or plastic),the federal Environmental Protection Agency(EPA)recommends that you first clean Ilia areas with soap(or detergent)and water, let the surface dry,and then with in 24 hours apply a premixed,spray oil type household blocfde,such as Lysol DisinfeClantO(original pine- scented),Tilex Mildew Removerti�or Clorox Cleanups.(Note,Only a law of the common household Cleaners will actually kit mold).TliexV and Ciorox@ contain bleach which Carl discolor or stain.Be sure to follow the Instructions an the container,Applying.biocfdes without first cleaning away the din and oils train the surface is like painting over paint without Fast cleaning and preparing the surface.Always clean and apply a biocide to an area 5 to 6 times target than any visible mold because mold may be adjacent in quantities not yet visible to the naked eye.A Vacuum cleaner with a high-efficiency particufale air(HEPA)filler can be used to help remove non>vislbte mold products from porous items, such as fibers i LEASE AGREEMENT-SAFETY POLICY We!callm that safety is a genuine concerti to all TENANTS.Although there I$no WaYfUr US to guarantee protection for TENANTSwfio live at our properties.we feel that it Is important for to Safety issues.The best service we can provide relating to safety issues Is to keepyciij Informed of what we do and of what we expect you to do rot your self.We feel 11101 by keeping our TENANTS informed.the TENANT will be able to take whatever measures they fee-4ro necessary to protect thvmselvos�their quests and thui- respecilve personal belongings,The purpose of4his,Acknowledgement is to"Plain the OWNEWS I AGENT'S safMy phllc�sarf,ly,jo Inforn,you of the steps we(akil with respect to safety issues and to make sugqfuntlons with.respect to what steps you van take to protect yourself, ajlRosponsibittly,foryour safety,No matter what slops we take with respect to sarWy irstles.it is absolutely imperetive that you realize that there is nothing we can do to pivVerrit crinid from occarrhiq,Uhrorntrrajegy�conic,appears to be a in,-$of firb wh en living it!a frialor U,S i city, There is no gtiarantee jh�aj airy effort by eithet the Owner,or the Owner's muinaging agent will in any wityincreaso tiny TENAMIS per,,orint satety or the safety of a TENANT'S tarnfly orauests of their iustxeclive befoligings,Wectinnot asstime t"ponstfillity to,,tile coaliflal aeri Idpolire Officers and in fact,hsve no gro,)tQrk)g0I right to staie crhrylinah�Or enlor-co lww-�thatir old you the ofthirdparties.We are nal trairte, on only way firat.you carl efroctively averf tile hrrAact ifflat the chminal element orbur society has upon you anti your gjjasp�is fil take any rind all piocautiom you car'with rospect 10 Salc(Y WOOS,Each TENAN T has to(Valize that the local law entorcemeni agencius and the TENA N r a re i ezporrs it)fe for the TENANrS SO titl(Y a n d th OR So ielY a I all que sts,You,$1 lot j1d con tat rt the local la w e a torcerne n I aVricy alrectlir it you ate to need of salely servicesL b)$Ofety Devices.We will comply with life requirements of state law with respect to providing safoly devices triAliallmerils zit(he Property,At the commencement of your LEASE,your Apartment Is equipped with:(1)a window latch on each exterior wiriftc(41a doorknob lock or keyed dead bell on earch exterior door,�(III)a sliding door pin lock on each exterior sliding glass door;(Jv)a sliding doer honole latch or a sliding door safely bar on each exterior sliding gloss door,and(v)a keyless bolting device and a door viewer on each exteriordoor.Upon writion request to Itto management office.and alyour expense,we will perform addilional rOkOYIng or change a Safely device pursuant to applicable state low, c)LIghting,The ptopony is III during evening hours:However,no matter how much fighting Is proVidoo.wecinnoi efiminaleall potential Wding piaces in[lie Coin,non a reas of the Apartment Community,If you have occasion to Walk around the commWm y at night,we ut .1 yet$to refrain from walking alorint,Also atwaysatlempt to walk in wrill-lit arals,Once again,P10,15C approciale that fight fixtures can be damaged or malfunction- d)SUggestions regarding safety Issues.We are relying on you to N,as caut(Ous qS possible with respect to yourpropartyand your surroundings,A,11houith you may develop your OwIn!�;afaly program as y-oudesire,youacknowledge that we have given you the fallowing lips that we have suggested you follow: e)Afways contact the local law onforicoment agency whenever you are in need of safety services.Do not comaC3 the answeeing service;tile management office or any guest service for tills Can only delay the response lime, a,Keep the telephone nurnber of the local low enforcement agency in a readily accessible Place.tall'9 11'in the,evrint i�if an emergency, U.Gel to know your neighbors,Be able to(etogniZe i0elher there at'-'Strangers It!your area Of illecorninumly. c.Confacl file local taw enforcement Agency it ymi see that your neighbor's Safety is threatened;request that they no tire$amii to, you. d.Always lock.your apartment door whenever you leave your apartment even if yet.$are just gone momentarily or whonyou are in your apartment.Your door automatically locks once closed, e.Always took your cardoor whenever it is Wl unattended in file parking lot. Hf you have occasion to walk around the community at night,try to retrain from walking g3e sore that you have a sufficient amount of insurance on your Own person,your personat belongings,andflie,pessonal belongings of your guests. h.Be awarre 44 criminal activities in.the area,In the event 11 rat the marja4etnOnt bOcOffles awA(0 Of Crif0inalIF16 le nts,such as an assaull of a person or I their 01,16 automobile.In the rOull"UnitY Or it'the linm0dint-0,100A,we will attempt to convey Inforriation to TENANIrS as Soon as prissibW it is Imperative that you understand the terms of this Acknowledgement,By Initialing below, You rep(osent that you have read and understand this Arknawfedgement and that you uncietstand that Owoort'AGENT is relying upon you to use common sense andprudence In matters crinceining your safetty.If yokt have,any questions regarding Owner'st AGENrS Safety policy or would like to inquire ibout any'ReMs discussed In ING Acknowledgement,please contact the managemord office, PA�p 11 of Q TRIANTf LEASE AGREEMENT-SMOKE DETECTOR NOTICE For and in consideration of the LEASE at vAich this wa part,the undorsiuned TENANT t"Offiflau MOW or file has read and understands and agrees to fliefollovoing: a)Smoke Oeteefor.TENANT acknowledges that as of ilia data of Initial occupru icy,file Unit Is acitillived with one or more smoke detectors, that TENANT has Inspected ilia smoke derectcf(s).and that TENANT finds Milani to be In good working order. ti)Repalv TENANT agrees!tier It Is TENANT'S duly to ragulatly.test Ilia smoke detecioris).TENANT further agrees to notify the AGENT Immediately in writing of any Problem,defect,malfunction orfailure of the smoke detector(s)and to notify the AGENT of the need to Instal),inspect orrepairlbe smoke delactru(s).Within seven(7)days oftecalpt of such written notification by AGENT ownetsball repair the smoke delectori$V,assuming Ilia-availability of tabor and marerilils. c)MalnIemmco.TENAt agrees to replace the smoke detedtor(s)battery if necessary,TENANT must nor distonnett Of intentioArilly damage a smoke detector or remove the battery Of a smoke detector without immediately replacing 1twith a working battery.TENANT may be su4ject to damage,Olvil penalties and allofney'�fees for not cornplying with this provision, d)Replacement.TENANT agrees toreirriburse the AGENT,upon request,for the cost of a new smoke detector and the insiallation thereof In the event T�NANT,his or her guests and/or Invito'es damage the existing smoke deleclor(s). e)Dlscialmer.TENANT acknowledges and agrees that the AGENT is not the operator,manufacturer,distributor,retailer or tun tier of the p smoke ticlector(s).TENANT assumn full and complete responsibility for all risk'and hazards attributable to,connected with or in any Way related to the operation,malfunction of Ilia smoke delectot1s),regardless of whether such malfunction or failure Is attributable to, connected With,or In any way related la the us%operailion,manufacture,distribution,repair,servicing or installation of said smoke detector (s),No representation,warrantles,undertakings or promises,whether oral or Implied,or otherwise,have been made by AGEN'r. its agents or employees to TENANT regarding said smoke delector(s),of Ilia alleged performance of the same,AGENT neither makes nor adopts any warranty or any nature regarding said Smoke datector(s)and expressly disclaims all warranties or fitness for a particular purpose,of habitability.Or any and aft other expressed or inifilled warranties,except as expressly provided in statute,AGENT shall not be flable lardarnages or losses 10 persbri Of proper1y*cay!idd by(1)TENANT'S failure to regularly last Ilia smoke delector(s);(2)TENANTS failure to notify AGENT of any problem.defect,malfunction,or follofe of Ilia smoke dejaclor(s)�(3)that!of Ilia sfiib%e defeetbri(s).There are no warranties,whicti extend beyond the description an thetace horeof. 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In art rl--T��;-' MOO"uJAM,A I PIMAM i"d lon"'Impsy llr6 Oil-ffl i0a ............. ................ ........................... ......... ..........= "n K+W4viAgpq Q32!` N010u,by llitl)s://reiiiote.rex-calp.l,eV,o .,oAi t(p://np.1,ex-corP Ile 1/1)"I/v i ewapp!]cat ion-PJIj)?SLIrVeyCOjjj p 1, 8/13,12012 Bradley C. BecAitel, Esquire 4732 Mountain View Road flarrizbtirg, PA 17111.0-2834 Auqtj�,I-- 17, 2012 Madison Court, Court c/o CAPRI, L LC 14 Kenneth Ave. Apt 2/2 Morningstar Lane Suite A Shippenshurg, PA 17257 ill re: Anthony and Andrew Ditvlatteo Dear. Sirs: I have been approached by the above referenced persons. it appears [:hat th<-y have Signed four separate contracLs for housing at Shippensburg thi-s year. First, both Anthony and Andrew signed t-wo rontracts with Shippensburg University, which they did not car cel by July 1, as required in those cojtLra<,.t,,!:;. 'Ph-en, they signed two contracts with you for housing on July 16, .1012" with move in dates of Auqust 24, 2012. it is obvious to them they cannot live both p3.aces. They are hereby rescinding contracts at Creekside Court AparLments, and would like you to imme,diately proceed to rc-.rerlt the apartments 81-1d 'witigate any damages. S;inco they have not y(-at moved in, they would expect the foturn of ally morties paid for so�:.urjty o.r deposit, since they Obviously (.-.ould not have been earned. I havo only been rnta.ined for tho purpose of giving you this notice, so PTOOSe feel free, to send their checks directly to them or to contact then as needed. 'Phank you- Drad]oyc Bechtel EXHIBIT COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND , : Case Mag. Dist: No: MDJ-09-3-01 Keystone Real Estate Group, LP MDJ Nanw Honorable H.Anthony Adanls V. Address: 35 West Grange Street Anthony DiMatteo Shippensburg,PA 17257 Telephone: 717-532-7676 Keystone Real Estate Group, LP Docket No: MJ-09301-CV-0000048-2013 T/A The Apartment Store Real Estate Group 2 Morningstar Lane. Suite#2 Case Filed: 3/26/2013 Shippensburg, PA 17257 Disposition Details Disposition Summary ,Docket No Plaintiff Defendant Disposition MJ-09301-CV-0000048-2013 Keystone Real Estate Group. P Disposition Date P• Anthony DiMaftea Judgment for Defendant 04/1612013 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 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. D e Magisterial District Judge H.Anthony Adams I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge -------..................................................... .......... -.....................-------—— MDJS 315 Page 1 of 2 Printed 04/16/2013 10:38 57AM EXHIBIT I r Keystone Real Estate Group, LIP V. Docket No.: MJ-09301-CV-0000048-2013 Anthony DiMatteo Participant List Private(s) Bradley Charles Bechtel, Esq. PA Game Commission 2001 Elmerton Ave Harrisburg,PA 17110 Plaintiff(s) Keystone Real Estate Group, LP T/A The Apartment Store Real Estate Group 2 Morningstar Lane, Suite 42 Shippensburg,PA 17257 Defendant(s) Anthony DiMatteo 525 Sam Snead Circle Efters, PA 17319 ---------------------- hAQJS 315 Page 2 of 2 ---_ —_—�-�- Printed 04/16/2013 10 32 57AM CERTIFICATE OF SERVICE I hereby certify that on the 3 day of May, 2013, I served a true and correct copy of the foregoing document via United States mail, first class,postage prepaid, addressed as follows: Anthony DiMatteo 525 Sam Snead Circle Etters, PA 17319 Respectfully submitted, SALZMANN HUGHES, P.C. By: ancy . M rs, E quire C L r y s f 'f� 3 d 14ONQ TA,i. 2013 JU14 19 AN 10: 42 U d�j� �C OUNrY NIA IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff, No. 2013-2733 V. ANTHONY DIMATTEO, CIVIL ACTION - LAW Defendant. PRELIMINARY OBJECTIONS AND NOW, the/P day of , 2013, comes the Defendant, Anthony 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 between Plaintiff and Defendant. r i 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, PE VANIA ME O IS Brad ey C. Bechtel, ttorney 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. 2013-2733 V. : ANTHONY DIMATTEO, CIVIL ACTION - LAW . Defendant. CERTIFICATE OF SERVICE I, Bradley C. Bechtel, Attorney At Law, hereby certify the foregoing PRELIMINAU OBJECTI S were served by depositing same in the United States First Class Mail,this r1day of , 2013, upon the following: Nancy H. Meyers, Esquire ID# 77064 79 St. Paul Drive Chambersburg, PA 17 Br dley C. Bechtel;Aekomey At Law I.D. #49681 brbechtel@gmail.com 4732 Mountain View Road Harrisburg, PA 17110 (717)877-4643 r IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY,PENNSYLVANIA KEYSTONE REAL ESTATE GROUP Plaintiff : NO: 2013-2733 V. -v-° CIVIL ACTION—LAW ANTHONY DIMATTEO Defendant NOTICE TO DEFEND p cC'.,.-•- TO: Anthony DiMatteo m 525 Sate 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,thai 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 Plaintiff NO: 2013-2733 V. : CIVIL ACTION—LAW ANTHONY DIMATTEO Defendant : NOTICIA TO: Anthony 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) Bias de plazo al partir de la fecha de la demanda;y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la torte 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 torte tomara medidas y puede entrar una orden contra usted sin previo aviso a notification 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 t IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENT'E DE PAGAR TAL SERVICIO,VAYA EN PERSONA tJ 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 Plaintiff NO: 2013-2733 V. CIVIL ACTION—LAW ANTHONY DIMATTEO Defendant AMENDED COMPLAINT AND NOW, comes the Plaintiff Keystone Real Estate Group, 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 Anthony 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 Creekside 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 apparently 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 Plaintiffs 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. SALZM HES, P.C. By: Nan yers, Esquire Attorney I.D. No. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: July 18, 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 Date: _ By: N itz Adams, Chief perating Officer Mad iso n/B rooks 1de/C reekside Court Apartments LEASE AGREEMENT STATE OF PENNSLYVANIA,COUNTY OF CUMBERLAND v,091611 This LEASE AGREEMENT('LEASE'),made and entered into as of today,DATE 2UP-99-07-1133 by and between MADISON COURT LLC/CREEKSIDE COURT LLC(-OWNER') and The PREMISES will be managed by CAPM.LLG and is the OWNER'S agent('AGENT')with address of 14 Kenneth Ave Apt 212 Morningstar Lane Suft(,,A Shippensburg PA 17257, VATNESSETH:That the OWNER does hereby rent and lease to TENANT and TENANT does hereby rent and lease from OWNER,the following PREMISES(*PREMISES')under the following terms: Property: MCA/8CAtCCA Building Address: Apartmaric 6MOM 15 RM Lease Period, 2 Move-in Date: M2.08-74 Move-out Data: 2013,05-12 ulstalfment,Amounts; Fall Partial: 0.00 Fag Remaining Balance, 2,23truff Spring: Payment Due Uates: Fall Fail Remaining Balance: Spring: _t!0vwrW 1.2,912 Totat Lease Payment, $4,478 00 ONE.,LEASE-GENERAL TERMS. This LEASE is made in contemplation of the fact that TENANT Js lawfully residing in the United States arid has some official connection with Shippensburg University,either as a full-time student.or other connection recognized by AGENT. II such connection should cease or legal residency status should Orange. at AGENTS discretion,AGENT may terminate this LEASE immediately. TENANT may be deemed a TENANT at sufferance in which case TENANT must at once vacate the PREMISES.TENANT shall notify the AGENTS leasing office,in writing,of any cessation of enrollment,whether due to graduation,withdrawal,or otherwise,a(least 30 days in advance of the effective date.TENANT agrees that he/she is 18 years of age or older and capable to sign this LEASE,TENANT Is responsible for the terms of this LEASE and full payment of rent for the entire LEASE PERIOD,It any rental payment fills in arrears over 5 days,the full rental amount for the entire LEASE PERIOD becomes due at once and all SECURITY DEPOSITS will be forfeited,If TENANT falls In arrears over 5 days acid has not contacted the office to provide intentions an payment within that period.It may be assumed that the TENANT has vacated the PREMISES with no intent to return,At that lime,OWNER may lake any legal action necessary to obtain FULL payment or amount due and the OWNER may re-rent the bedroom to mitigate damages,TENANT will not be able to rely on any prior oral or written representations by OWNER or AGENT.Any exceptions to the LEASE or work to be performed by OWNER must be written by OWNER,a copy given to TENANT and Initialed by TENANT'. TWO:RESERVATION FEE&SECURITY DEPOSIT.AGENT acknowledges receipt from TENANT'in the amount of Three Huyidred U.&Dollars($300.00)as a NONREFUNDABLE RESERVATION fee that will be forfeited if this LEASE is breached by TENANT for any reason whatsoever,Upon receipt of 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($100.00)Is NON-REFUNDABLE)for the full and faithful performance by TENANT of each and every provision,covenant,condition.and for the entire LEASE PERIOD,Including the flityriloill of late fees and other charges that may be assessed,Commencing on the date hereof,it the LEASE is broken for any reason(eg,drops out of school,changes their nand,is found in violation of the Rules and Regulations Addendum,otc.),the full SECURITY DEPOSIT of the TENANT will be forfeited along with any other money field by AGENT 1 OWNER including but not limited to rent outstanding,and I"$.It file apartment is condemned at any time due to the fault of a TENANT,all SECURITY DEPOSIT and other monies field by the OWNER will be forlefted in their entirely,The SECURITY DEPOSIT may not under any conditions be deducted by the TENANT front any bills that are due.The SECURITY DEPOSIT will be held onlifall provisions of Ilifs LEASE have been fulfilled(Including vacating of PREMISES on time,see Section TWELVE:MOVE•)UT,below),if a TENANT terminates this LEASE before the commencement date for any reason,all monies including RESERVATION FEES and SECURITY DEPOSITS will be forfeited as welt 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 AGENT'S discretion,a portion may be returned less admW51rative costs,It and when the Aparlinent is re-rarified prior to the commencement of the LEASE-Any portion of the SECURITY DEPOSIT may be withheld(or unpaid rent,darnage due to breach of this LEASE.or(or damage above and beyond normal wear and tear by TENANT,by ocher T5NANT'S employees,guests:or invitees. In the event that any part of the SECURITY DEPOSIT shall have been utilized by the AGENT in accordance will)the terms herein or applicable law,TENANT shall upon delivery of notice,make payable within rive(5)business days an amount equal to the charges assessed so that OWNER shall have the(till 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 exceed the amount of the SECURITY OF-POSIT,or any waiver of any other rights Vie AGENT may have against Ilia TENANT,at law or in equity,by reason of the TENANT defaud- In the event of damages suffered by life OWNER by reason of the TENANT default,oolli0i exceed the amount of the deposit,the 014VNER shall be entitled to such additional damages along with the cost of exercising Its rights,Including attorneys*fees to recover monies owed.I(TENANT signs a new LEASE for a new LEASE PERIOD for the same unit and their SECURITY DEPOSIT Is paid and/or reimbursed to full amount,no additional SECURITY DEPOSIT is required at signing and SECURITY DEPOSIT Wit carryover to the new LEASE upon the expiration of this LEASE'. TENANT acknowledges reading/understanding this LEASE and his/her right to consult with an attorney concerning LEASE and all addendums, A111116M )tny, 0 22012-07-16 yj _qjL_ I — I TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS THREE.,LEASE PAYMENTS, LEASE payments can be made at the AGENT's Leasing Office or online at www.myrentportal.coni via check, certified check,money order,ACH checking account debit or credit card charge, Failure of TENANT to pay any raymeng,when due,O%iyNER! AGENT has Ilia right,at it',option,to terminate the LEASE immediately,TENANT shall be doemada TENANT of sufferance,and TENANT shall it once vacate the PREMISES,AGENT may re-enter and lake possession of the PREMISES,These rights of the OWNER are cumulative and not restrictive of any other tigItts,under the taw,and failure air the part of the OWNERIAGENt tonvail uselfeif these tjohj$at any particular lime shall not constitute 1 waiver thereof. 12 :EXHIBIT If applicable,TENANT acknowledges ghat a parent or sponsor nas executed a PARENTAL OR SPON4Y OR'S GUARANTY ADDENDUMIn connection of LEASE,which,among of),er lhtnI*,allows AGENT to prrtcess payments for sums due from TENANT under LEASE,Including but Qdt limited to renL'ate fees,property damage,repair,costs,anima(violation charges,re-letting charges,utility charges,fines or other amounts to such parent or sponsor's authorized credit card if not paid by TENANT, Unpaid rent charges will be charged to the authon2od credit card It payments ere not received by&DO am on the tenth(101)day of the month: PAYMENTS Amount RESERVATION FEE $300,00 SECURITY DEPOSIT A299 90 APPLICATION IEEE $13 tveyv Tenarsl,so Netu rtinrr rill u t PRORATED RENT SQ.o6 _._......._ _ TOTAL iN.IF1AL._PAYMENT' s3aa.ao Term of LEASE(d of months) _ —2 snrmritorx TOTAL LEASE PAYMENT DUE: sa,ara.00 Alt checks are written to MCA LLC for Madison/Brookside Court Apartments or CCA LLC for Cmekside Court Apartments Prorated Rent:s pen due Payment 9:S r itt ""°z3uo tury�e t'c Payment a:5 duo Payment S: S due Payment 2: 2.239.44 due Iury it,2612 payment 6:$dire Payment 10; Payment 9' 2.239.tM due Noynmbcr 1 2012 Payment 7:$ due Payment 11:S due Payment 4,S _ due.. . _Payment 8:S due Payment 12;S due TENANT acknowledges reading/understanding(his LEASE and hfs/her right to consult with an attorney concerning LEASE and all addendums. _ AnthonY0lm•:aNrn 26i2-it7•i6 TENANT PRINTED NAME i rv7%"i7-Sr'FU Urtc"< ' DATE WITNESS FOUR:LATE CHARGES&BANK RETURNED CHECKS. TENANT agrees to pay any and aft costs or percentages of collections to OWNER that may incur during the collecting of a debt A Seventy-five U.S.Dollars($75,p0)late fee will apply to all rent due and all charges billed to TENANT(Inctuding but not Whited to utility and repair charges)that are not received by OWNER within five(5)calendar days of date.TENANT agrees that arty and all monies collected by OWNER shall be applied to the oldest charge first and the balance to the newer chaige.OWNER has(he riot to pursue TENANT in Magistrate Court,or elsewhere,for all costs,Any outstanding balances owed to the OWNER shall be applied to TENANT until payment is received in full.TENANT also agrees to pay a Fifty U.S.Dollars(550.00)handling/administrative tee for any check or automatic withdrawal returned by banks for any reason. TENANT acknowledges readingrunderstanding this LEASE and his/he(right to consud with an attorney concerning LEASE and it! addendums. v w a " _' ]Aninony D- attft 2012-07-i6 TENANT PRINTED NAME TENANT S6 NATURE �_... .. DATE WITNESS FIVE:EkCESS UTILITY CHARGES. Alf utilities such as water,sewer,electric,trash collection are included in the LEASE payment,TENANT shall,however,for any pne month period the total of charges tot water,sewage,gas and etechicity exceed the roitowing per apartment tylw:9-bed unit-$160 per month.for a 4-bed unit-S tOO per month,TENANT shall immediately reimburse AGENT,as additional rent.TENANTS pro rata share of such excess utility charges.On or about the.25th AGENT agrees to invoice TENANT(S)at the close of month utility period.for which this overage applies complete with utility and govemmental bills with the r*irulation of the Excess Utility Charge,and TENANT agrees to pay immediately TENANT acknowledges readinglunderstandino this LEASE and his/her right to consult with an attorney concerning LEASE and all addendums, ( w Anthony Dimaticro (, 2412-01.16 TENANT PRINTE=D NAME TENANT SfGNATUREs DATE WITNESS SIX:INTERRUPTION OF SERVICE_ In no event shaft AGENT be responsible for any interruption,shortage or reduction of utilities and or amenilios supplied to the PREMISES as a result of a utility ar service provider issue.If interruption.,shortage or reduction Is potential issue of OWNER,then OWNER agrees to make all reasonable efforts to restore utilities as soon as reasonably and practically possible.TENANT shall receive no rent reduction,nor will AGENT be liable to TENANT,due to repairs or interruption of services of utilities or amenities(amenities including High Speed Internet Service or cable TV), appliances,or equipment in or about the PREMISES or.sue IQ defect6 In the PREMISES not caused by AGENT'S fault,omission,negligence,or other misconduct.or due to lh0 inability of AGENT to obtain fuel,utilities.or repair/roplacoment parts, SEVEN,RENEWAL NOTICE:If TENANT wishes In remain at fv1CA/RCArCCA for the proceeding year,TENANT is requested to sign a(.ease renewal prior October 91st of the current year. EIGHT:TERMINATION,It at any time TENANT breaks any clause,meaning or intent of this LEASE or Addendums at OWNERIAGEN`f'S SOLE DETERMINATION LEASE MAY BE immediately terminated,TENANT shaft be doomed a TENANT at sufferance hod be tequited to Immediately vacate the PREMISES. if at anytime during acid before the expirallon of file term of the LEASE TENANT shalt remove or attempt to remove or vacate the Apartment,cr default in any of the covenants stated in this LEASE or Addendums,the LEASE terminates.TENANT expressly waives the benefit of aft acts of assembly requiring any period of notice to vacate the PREMISES upon termination of this LEASE and agrees to vacate immediately by such (_EASE termination. OWNER shall have full power and authority fit institute any action at taw or in equity for the collection thereof,of any and all payments owed,to proceed by distress or any other process of the law to collect the same,or at OWNER option,declare the LEASE term ended and re-enter the PREMISES and every pan thereof and remove all persons there from,or to proceed by legal action the r'=overy fhoreoE Furthermore,OWNER agrees that in the event of invocation of the provisions of this paragraph.,OWNER may,alt OWNER discretion, ___ AGENY' Page 2 nt 12 TE'NANj.,f niltr t1 AlIIIiFV?gACir oft i43Ci+nnP:4+A4!•!V4 fl4C VrJ+„+�r�V Y I��IYtlatl.V pl ay f4'gSVAic1VlO ICxttrl.Ap1lY,ptt+,t rlt Ay AClStpA>4s%*+C'AJ+�,},!f 44?+tfC4-A+4f?!A+IVtC-YV?Il+;;+.+,tr q+ OWNER sole choice be credited to it .aunt of TENANT minus any reasonable rharges for clear lamages or other casts incurred such as advertising or commissions,Who. ;able,the OWNER will provide adequate notice of such tai ron and relocation assistance when asmilabW This LEASE is assignable by tree OWNER.AGENT reserves the right to reassign TENANT. TENANT'acknpwfodges read!ng(understanding this LEASE and his/her right to consult with an attorney canceming LEASE and all addandums. ;.� AnthonyDhnatteo [« a_.n ,,she„`A,,;,r ,",.n 2nt2.0')•1Fi TENANT PRINTED NAME TENANT SIGNATURE^ ~Y — SCE—'� 14(7NESS NINE.CASUALTY,Should the PREMISES be destroyed or so damaged by fire or other casualty as to become uninhabitable,this LEASE shall cease from the dale of the fire or other casualty, TEN:MOVE-IN.TENANT agrees to take the apartment"as is,*TENANT will be supplied with a move-in documentation consisting of a Watkthrough Assessment for the apartment,documentation pertaining to fire safety duties of the TENANT,and important phone numbers. OWNER shall not be liable for any damages whatsoever suffered by TENANT for failure to deliver possession of the PREMISES at the time stipulated herein as to the date of commencement of the tenancy.TENANT will be permitted to enter and become responsible for apartment after move in appointment with AGENT has been completed on the condition that all required forms have been properly completed and SECURITY DEPOSIT and ail Rents due have been received in full..TENANT has len(10)business days from start of LEASE to accept the door lock code and take possession of the PREMISES.TENANT has 24 Hours from possession of the key code and walkthrough to provide OWNERIAGENT any additional items via tenant portal of corrections and/or deficiencies that were not outlined on the Watkthrough Assessment. Defects not reported within this time of the first TENANT taking possession shall be presumed to have occurred during the TENANT possession,Unless rioted in writing within 24 hours of the first TENANT possession,the dwelling is deemed to be in good order and acceptable to the TENANT, ELEVEN:POSSESSION PRIOR TO COMMENCEMENT OF LEASE If permission Is granted to TENANT to enter into possession of the PREMISES prior to the date specified for the commencement of this tern of the LEASE,TENANT covenants antl agrees that such occupancy shall be deemed to be under,all of the terms,covenants,rules and regulations of this LEASE,with the rent provided for under this LEASE to be apportioned on a daily basis for the period of occupancy prior to the LEASE start date, TENANT acknowledges readingluriderstardmtt this LEASE and his/her d ht Io consult wIIl1 an attorney concerning LEASE and all addendums. Anatonir Dimnttna TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS TWELVE::MOVE-OUT. OWNER encourages TENANT to review the condition of Apartment prior to vacating the PREMISES to ensure TENANT has complied with move out procedures-After the LEASE ends,any occupancy by persons or property will cause SECURITY Y DEPOSIT to be forfeited.If there are items or trash remaining or more than one hour of cleaning to be done,or repairs to be made at S:30 PM on the date the LEASE expires for whatever reason,the entire SECURITY DEPOSIT wilt be forfeited In full To ensure proper delivery of SECURITY DEPOSIT,each TENANT must leave a forwarding address with the OWNERfAGENT Offico.With the above conditions met,the SECURITY DEPOSIT will be refunded',allowing completion of repairs to damages,or after the expiration of the LEASE(whichever is later).Any questions regarding the amount refunded of the SECURITY DEPOSIT must be made in writing and seal to AGENTS office.After one(1)month of the issuance ar the returned SECURITY DEPOSIT,all SECURITY DEPOSIT matters wilt be closed.TENANT will return ail Move-Out documents by 5:30 PM on the day the 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 renewal projects,condemnations,etc,)arise that require the removal of TENANT from the PREMISES,OWNER assumes no responsibility lot personal items lel(in the Apartment or on the PREMISES after the end of this LEASE(or alter TENANT breaktferminale this LEASE).Any property left an or about the PREMISES shaft be considered to he abandoned and at AGENTS option may become the property of AGENT and the title lhereto shall be exclusively presumed as having vested in AGENT by Virtue of such abandonment. in disposing of said properly at TENANTS EXPENSE,AGENT shad be entitled to discard.retain;ar sell same at any public or private sale,and TENANT hereby releases,holds harmless,and indemnifies AGENT from and against any and all claims to said property and cifjains AGENT.AGENT may be a purchaser at any such sale, THIRTEEN: PET POLICY,Pals of any kind are STiCTLY PROHIBITED.A$200 per day Pet Policy Violation wilt be assessed for every day the unapproveo animal resides at the promises., FOURTEEN:DOOR LOCK CODES,Door Lock Codes or any other items issued at move In are the property of the OWNER/AGENT and must be surrendered upon termination of residence. A door lack code change will be conducted for a forgotten or compromised original code A Forty U.S Dollars($40.00)service fee will be assessed for such change.Payment required prior to Change, FIFTEEN. LOCKOUTS. Assistance for lockouts from OWNER will be assessed a Forty U-S Dollars($40.00)service fee(payment required before door.code is changed)during business hours,and Seventy-Five U,S.Dollars($75.00)between 5:30 p.m,and 6:30 a.m,Monday through Friday and weekends. TENANT will be responsible(or any damages caused by TENANT or their guests trying to access PREMISES or interior rooms without key codes(such as broken windows,door iambs,lacks.etc.), SIXTEEN:RULES S REGULATIONS. TENANTS are required to acihere to all poticlos and regulations outtined below and in any publications designed for specific residence areas- i.GENERAL a.Solicitatfon and Advertising,Solicitation,safes,and advertising are not permitted property without prior written authorization from AGENT,No door-lo-door solicitation is pezmllted, b.Parking. Only vehicles with a valid'Madison or Creekside"decal sticker displayed on the passenger side of the windshield in the lower riahi canner will bepermitled to park an the Premises, Any vehicle or other property parked on the premise without a valid decal surker will be towed at vehicle owner's risk and expense. One sticker wilt be distributed per bedroom, There will be a charge or Twenty U,S,Dollars($20.00)for the replacement of the,sticker due to loss.theft,or destruction. Motorcycles must park m the designated motorcycle parking area and!may not park on the asphalt, The maintenance and washing of vehicir_s is not permitted on the PREMISES. o..Aicohol Policy,OWNER and AGENT adhere to all local and federal laws concerning underage air ohot consumption Kegs cif alcohol are absolutely banned tram PREMISES under any circur»stances. AGENT txags 3 of 14 TENANTanUCny dintance ,.,�authorities.... ._........................r,r .....,...,....... ,r ... ..,........,.,....., � ,.......,.,..,,,..,....p,........., ....,,,.,,..., &.Community Respon y.TENANTS are members of an apartment community a expected to act responsibly and not Interfere with the rights,comfort,or safely of their roommates)and Oil ler students.TENANT and TENANTS GUESTS will comply with PROPERTY QUIET HOURS from tfPM-9AM Sunday through Thursday and 2AM-9AM Friday and Saturday. Furthermore,at anytime,TENANT nor their GUESTS will not Interfere with the right of quiet enjoyment of another other TENANT, !.Drugs.The manufacturing,intent to deliver or possession of a controlled substance or drug paraphernalia is strictly prohibited,If a TENANT or their Gues((s)are in violation of this rule,TENANT will be subject to LEASE violation andfor eviction. 2.USE OF UNIT a.Guests.TENANTS are responsible for the behavior of their guests.Overnight guests may not slay more than three consecutive nights.The invitation of a guest to a room,apartment,or suite must meet with the consent of all roommates, Guests may not stay in lounges, b.Vishation.AGENT allows 24-hour visitation but does not permit cohabitation, c.Use of Roam, Rooms may not be used for illegal purposes.TENANTS are responsible:for ensuring that their personal conduct and the canduci of their guests is not in violation of local.state,or federal laws.AGE14T reserves the night to inspect and perform Work Ili student rooms,apartments,or suites at any time to ensure that all health,safety,maintenance,"ire,and all complex policies are being followed. d.Windows and Screens.TENANTS will be charged tar the replacement of broken windows deemed to be caused by their or their guest's negligence.Do car place foil,cardboard,etc.over windows.Any screen damaged by resident or guests will be replaced(repaired.TENANT will be charged accordingly and payment will be due it time of repair. ,Balconies and Patios.PLEASE keep balcony or patio neat and free of mops,brooms,drying towels,trash,hanging clothing to dry,etc.A few plants and patio furniture are acceptable, A maximum of H persons are allowed on the balcony at any one time, No signs,flags,banners,lights,decorations,advertisements,tiki torches or any other article may be affixed or displayed on the exterior windows,doors balcony,railings or exterior of the building in any manner. f.Pfumbing.Misuse or carelessness of drains,commodes,dishwashers,or disposals will not be tolerated..If a repair i5 necessary due to TENANT negligence,TENANT account will be charged.Any leak should be reported to the office Immediately,Do not pour grease drawn drain,flush paper towels,ar feminine products i[t comnnode, g.Additional FIXtures or Appliances, Including but not limited to washing machines,dryers,dishwashers,Space healers and air conditioners are not permitted. h.Noise.TENANTS must not disturb neighbors.Keep SlereOS and music levels to a minimum,If a complaint is made on TENANT apartntenl you will be issued a LEASE violation.TENANTS are responsible for the behavior,noise or problems occurring due to any of TENANTS guests.TENANT and TENANTS GUESTS will comply with PROPERTY QUIET HOURS from 11 PM-9AM Sunday through Thursday and 2AM-9AM Friday and Saturday.Furthermore,at any time.TENANT nor their GUESTS will not interfere with the fight of quiet enjoyment of another other TENANT, i.Trash, AGENT provides"TENANT with art}pie trash receplicles or durnpsters.Throwing of irash.oh gipunds will not be tolerated,it TENANT is found dumping trash on the site or riot bringing fresh bags to the dumpster and not placing trash into dumpster TENANT will be fined and issued a LEASE violation. TENANT Witt dispose of bash and garbage in the designated location and procedure as Ounitaed by AGENT for each respective building or living area. There is a Fifty U.S.Della,{550.00}charge per Mddenl ar per bag or any violation of this policy, j.Maintenance.Maintenance is hone on a regular monthly and an an as-needed basis.Only emergency types of maintenance issues will be handled after hours or on weekends,Examples of emergencies are flooding of the apartment,loss of utilities or loss of refrigeration.Air conditioning Issues and lockouts are nor considered an emergency. TENANTS will be financially responsible for any maintenance problems they causo. k,Locks.All of the necessary locks for TENANT unit and individual room are provided by AGENT,No locks or locking mechanisms may be changed or added to main entry door or bedroom doors. I.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 mare damaging instruments will subject TENANT deposit to deductible amounts accordingly.PLEASE do not attach anything of permanent nature,as a penalty will result. Painting and wallpapering of arty nature is riot permitted, m.Fire Hazards. Gar or charcoal grills are not permitted inside of units,or on the balconfestbreezeways or patios and may net be stated In any common area on the property,nor may any type of accelerant,fuel,or other combustible material that would Increase the risk of fire,to be stared in the apartment at in any common area on the Premise. Kerosene or electric healers or any other auxiliary healing source or burning candles or incense Is not permitted, Violations of this rule may lead to fines and/nr eviction: $.PROHIBITED ACTIVITIES.The Following are PROHIBITED in or around PREMISES and are subject to immediate action andtor removal by AGENT- a.Pets -see Section THIRTEEN:PET POLICY,above, b.Smokin9 is not permitted Inside any unit, Cigarettes are not to be thrown off the balconies or anywhere also on PREMISES. c.Wefght-lifting equipment(weighing more than a 101,11 of 25 pounds)in roonns,apartments. d.Bicycles,except when stored in students'rooms or in designated areas where they do not block fire exit routes. &:Motorcycles,except in aulhor+zed locations parking let areas. (.outside antennae for television or radio, g,Waler beds,lofts,and Illegal elevation or Slacking of furniture, h.Unauthorized decoration of roam,apartment,or suite Surfaces or doors with pain!or adhesive backed wait coverings such as wallpaper or contact paper, (No arras.Possession or use of firearms(including 88 guns,pellet(jums,Spring-loaded guns,or paint bait guns),ammunition, fireworks,other dangerous weapons(including the following,which are illegal in West Virginia:chukka sticks,gravity knives, Billy clubs or nightstirks,blackjacks,metal knuckles,or wrist brace-type slingshots,,or other dangerous substances are not permitted. AGENT Pane 4 of'14 TENANT i'storage or use of 111malable or explosive liquids or gases including fichaer fluid is not pferrmllod. k.Poss0$sk3n and/or use of eltictrical equipment and appliances in private bedroom areas,LE(microwaves,bolpwtes;;mini fridges,electric healers)is not allowed. I Tampering with or misuse of elevators or fire and safety equipment fe.g_fire alarms,door alarms,tire ex.tingurshurs,exit signs,emergency phones,fire doors,sprinklers,or smoke or beat Sensors)and for failure to respond to fire Alarms. m.plopping open of unit(tent door.No itern alay be hung outside the building from balconies or out.of windows, II.Engaging In any other activity determined to be In Violation of health,fire,safety,andfor maintenance codes. 0,Possession,or use of candles,incense,potpourri burners,charcoal Or 535 grills,$Pact-boaters,or anything that uses an open flame, p.Damaging or misusing OWNERS Property andifor the provided furniture(0-9-Moving furniture from public ziroas into Individual rooms,relocating or removing OWNERS Properly from a rooth,or building,or nailing hooks into OWNERS P"OVIded furniture,wells,ceilings,or doors), q.Removing room screens or safety bars,suspending articles from windows and/or ledges,or throwing objects of any kind from buildings or breezeways, r,Pfesence on building roof areas and Window ledges or in other unauthorized areas, s.Playing ball,Frisbee,or any other sports in Individual rooms or apartments. LDISrUptive behavior or excessive noise of any kind, u,Physioal,verbal,of menial harassment of any Individual, v,ChangIng or adding lucks to Individual room or apartment entrance dams, w,Amptificatlon( fectucat or otherwise)of any musical instrument.or playing Of drums. x.Theft or unauthorized possession of OWNERS Property of Properly that belongs to an Individual or group, y-Unautharized entry into,tampering Witt),or use of facilities,property,services,or resources belonging to tile OWNER,its community members,guests at licensees. 'TENANT ackriawtedges reading1undprsianding this LEASE.arid ti",01 le t 11110 consult will an attorney concerning LEASE and all addendunis, Antiriany xwV TENANT PRINTED NAME TENANTSIGNATURE -----------OA��W�I�ESS SEVENTEEN:VEHICLE PARKING.Any Vehicle parked by TENANT or TENANT'S family,employees,agantsorg g uesis 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 slicker or not parked within out designated,lined parking spaces will be lowed at owners risk And expense.TENANT will obey all parking and speed regulations which AGENT may promulgate or post and park,in the designated parking areas,only one properly tagged and functioning passenger motor veh icle,or track Whose appearance,in AGENT'S reasonable opinion,does not dattact from the apartment community,and will not permit nor mainlafn any commercial vehicles or trucks in excess of 314 ton GVW,trailers,campers or hoots in or about the apartment community.TENANT shall riot use any parking area on AGENTS property for the storage or repair of any motor vehicle or other property and writ remove any unauthorized vehicles or other property from said parking areas within 24 hours of request by AGENT,If TENANT shall fail 10 W'nPlY With this,Section SEVENTEEN.,VEHICLE PARKING, TENANT agrees to pay AGENT at the rate of Fiflo8h U,S.Dollars($15,00)per day,tar the use of said parking area.Any vehicle or other properly Improperly parked,or stored,so as to block or inhibit access to any clumpstor or fire lane will be towed,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 damage to the motor vehicle or to any articles left in the motor vehicle,parked on the PREMISES by the TENANTJIs agent or invilae, EIGHTEEN.USE OF PREMISES.Tire TENANT shall use The PREMISES(or residential purposes only.No commercial venture or business of any kind may be operated from the PREMISES.All parties living In said apartment must be a party on the applicable,executed LEASE,wiih the exception at minor chitdroo,The TENANT may allow temporary guests to stay on tire PREMISES,only with the consent of all roommates[it the applicable,apartment and written notification to AGENTIOwner,a Maximum of seven days per calendar month.The use of fire PREMISES,batcon,es,elevatca', parking spaces-laundry equipment,volleyball court,pool.grilling area,clubhouse,fitnisss center,cornPuler lab,community kitchen,and all other common facilities provided by AGENT shall be at the risk of TENANT.TENANT'S guests,invitees,employees and agents,each of whom does 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 at death of Any person arising out of use of such common areas.TENANT covenants that he Will(a)keep the part of the PREMISES he uses and occupies safe and sanitary;(b)dispose of all rubbish,garbage and other wastes in a dean,sale and sanitary manner in the large steel clumpsters provided by AGENT for the purpose only:(c)refrain and forbid his guests from intentionally or negligently destroying,defacing,damaging or removing any fixture,appliance or any part of the PREMISES or common area;(d)conduct himself and require his guests to conduct themselves in a manner which,will not disturb his neighbors peaceful enjoyment of the PREMISES. TENANT shall not allow any hair,thread,razors,toothbrushes,bottle caps,rags,paper towels or rubbish of any kind to enter the drainage pipes of the loilal,sinks or bathtub of 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 of the PREMISES are the shared responsibitty,of the TENANTS and resulting charges shalt be divided between every TENANT of the PREMISES unless one TENANT wittingly assumes responsibility for said damage NINETEEN.,USE OF FACILITIES AND AMENITIES.Qse of all facilities and amenities which AGENT provides for TENANT'S comfort,such as a swinirning pool, parking Areas,volleyball,basketball,fanning rooms,fitness center,clubhouse and computer center,high Speed Internet,cable Tv(none ofwh*.ch facilities a,, amenl6es are Included III the rent)solely at TENANTS own risk,and TENANT agrees that AGENT shall not be responsibly for any injury to person or loss or damage to property arising out of TENANTS use thereof.unless the some is caused solely by AGENT'S fault,omission,negligence or other misconduct, Furthermore,TENANT will not hold AGENTIONWER responsible for any outages or inability to use such amenities or lacillues,(i.e_withholding rent due to tlulages, The AGENT may revoke use of any of these facilities without affecting the remainder of this LEASE, TENANT agrees to comply with,and to cause TENANT'S family and guests to comply whh,all rules and regulations relating to the use thereof,which AGENT posts at or near the pool or mails to TENANT(In accordance Willi SIXTEEW RULES REGULATIONS of this LEASE.A failure to comply with said rules and regulations may result.at AGENT'S option,in AGENT revoking TENANT'S use of the pool TWENTY:DISTURBANCES,TENANT shall maintain order in the building and shall not Make or permit any improper noises lathe hiniding or interfere in any way Willi other TENANT or those having bu$iness with them. Nor shall TENANT,TENANT family:or guests act in a disorderly, boisterous,or unlawful manner or disturb the rights,comforts.or conveniences of other persons In the area in which the PREMISES ate located. TENANT agreas to comply with all rules,orders,ordinances,and regulations of the county government and!with all statutes,rules,and regulations of the State of Pennsylvania and with all statutes and rules and regulations of the United States and all policies and regulations of AGENT(son SIXTEEN:RULES®ULATIONS,above), TENANT agrees to observe traffic regulations concerning speed finds and parking within the area of residence- TENANT also Will observe such other and reasonable rules:end regulations as OWNER,in the judgment of AGENT,may from fine,to time promulgate in writing to the TENANT for lhesalely,cafe and chlafilmoss of the PREMISES,the building,and for the preservation of good order therein. In this regard,OWNER reserves the right to relocate TENANT to other PREMISES or to terminate this LEASE It OWNER or AGENT,determines that TENANT has demonstrated behavior(hot significantly disrupts or poses a danger to the PREMISES.common areas,neighboring TENANT or other parts or aspects of the TENANT winplent in which TENANT is kicated, TWENTY-ONE:ILLEGAL DRUGS,[I"TENANT,TENANT'S employees,agents,invitees and/or quests,engage Ill,permit at farAlflate any drug related criminal activity on or about the PREMISES,TENANT will be doomed to have ruhslanfirilly and materially broached this LEASE with such breach being grounds to terminate TENANTS oncupanry of the PREMISES.The term"drug-related criminal activity means the illept AGENT Parte S of 14 TENANT' . Comprehensive Drug Abuse Prevenlar�arid Control Act(21 USC 802(6),as amended)or it the AGENT has actual knowledge of mhas reasonable_-cause-_believe.that.the TENANT~any wmn/*°° .ore°muslr*as or presently Is engaged*n Violation os described in the State Law o/p,^°Sylva~/^dealing with drug offenses. nwswrv-Tvm,'LIABILITY nr AGENT.AGENT shall not u,liable for any Injury.u*muuom'loss m person v,property caused 4m^", TENANTS mother persons,or caused uv theft,vandalism,me same is exclusively due ~the~~~~^.fault,negligence,'=^"'""sc""""~w the AGENT',o"ue".um�w=mw,g LEa,Eu�*^^^*o/mx ,rsm^mrso^*/ �t������m�^���v,��m�����part^/the AGENT.TENANT shall deforiowwmdemm AG ENT any mw"n,//ummvo*mm.�h AGENT/,^o�uvw�mo�tnx, ' nmswr,-THnss:AGENCY.If employee m AGENT'S m TENANT'S mn"ei.=**ls.handles p,stores anything.",drives wv",x* TENANrS motor vehicle,then and In every case,such employee shall be deamed TENANT'S agent,arid AGENT shall not lie liable(or any loss,damage vr expense m com"^uou*mera°u`,All properly that won the PREMISES during the term.shall wmat the sole risk arid responsibility o/TENANT. rwswrv-Foun�wom-Wmwen.Failure o/AGENT m insist upon vstrict compliance with any n/mecovenants.rules o,,00um/wnxo,any other provision"/the LEASE,*vw exercise any option herein contained,shall not uo construed aeawawu,o/suo*umve*eot,^uo. regulation vr option. All covenants.rules.regulations and options under the LEASE shall remain m full force and effect,and AGENT shall not ue liable u,responsible to TENANT v"the violation v'any covenant.rule",reuu/a'w"."p"vmmv,Ls^Ssw/an/mm,,zsw^mr. nmswrnFIVe FURNITURE u FIXTURES.Arty equipment the building Willi Vie consent of xosmT,MIT become a permanent part of the building and wilt not be removed without consent from the AGENT' Removal of arty furnishings including all fixtures from PREMISES is prohibited. No alterations are(a be made to tile furniture Or 0XILIMS, Additional furnishing brought into the PREMISES must uo freestanding and clear m all existing fixtures.fum.*revrwalls, The following items are provided uv The OWNER for TENANT*sa:. I y Elemne Steve/RangeX I,Computer v.xkx *Coffee Table X Lfqx/pmm"sx `x Computer[)ask Chair x m End Table w `x Ceiling Fans-Varies urUnit x Ix Under Bed Chest vt Drawers x ,,x Person Couch x /x Oversized oxoh` I,Electric Water woum,: `x Full Size wm^°,and o*°rX `xm',,s^or,vxs^xmroma/Bed pq=ex /^Double m*`xrrv,`^,6*xu0"Mattress z /v Electric Heat Pump/Central Al,X m Fire Extinguisher u Kitchen: /,Dining Room Table« Dining Room Chairs« I^Refrigerator x `x Under Cabinet mm"oww"wX' Ixoisl`°"mer» Mini Blinds» I,Fire Alarm System/Strobe Lights/Smoke/Fire Detection Devices xun^nkler Heads/-Fireoemuvrs^» Ali o ms above mom maintained/ o repair» TENANT,Appliances listed above arc!provided as a convallience for Vie TENANT, ''~^'.are not'~^~'~^'.ve.from the PREMISES~rearranged within the apartment".arty time without Vile expressed written consent wtile *oswr Any fixture/appliance n m`=mmw^*, owwsnmoewr+s"m°*"w*m replace o,repair such items.r damaged mwmm. TENANT isn*vo"sime.for all repairs and maintenance o/above Items. mvswrY-om:MAINTENANCE,SMOKE DETECTOR BATTERIES,uaxrooLos�TENANT m ^on�mm�nn/=m*�.me.but not xmo"a/�,*p/°m"nuowbulbs�msame on~' efficient light u /»o mmo batteries, during are course--ilia—LEASE.TENANT will notify AGENT`'any smoke/fire detectors that are not working properly immediately and mqvmoa repair v.replacement. TENANT will pay for any um to Properly v TENANT falls 10 notify AGENT of defective smokelfira,detectors,Any darvagles(broken windows,clog r �ged commodes,ent arice locks)resulting from TENANT negligence or abuse are the responsibility of the TENANT,and TENANT specifically agrees to pay for the repair of Stich at the time of the repair by AGENT(stieSection TWENTY-EIGHT!CLEANING, REPAIR&REPLACEMENT,below),These terms also apply for service to plumbing what)the TENANT or their guests cause the plumbing problems.OWNER or AGENT will(to Inspections a5 needed.Repair costs necessitated because of the negligence or neglect of TE NANT, TENANT quests,invilees,or employees are the responsibility of the TENANT.Damages that occur from normal wear and tear to any appliance,furniture,or housing fixture mu5t be reported within 5 days of the Incident or such damages will be considered to have been causedby the TENANT.Except for normal repairs specified heroin,*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 tenn of the LEASE:however, AGENT shall replace any fluorescent bulbs and the Vanity bulbs In.the bathroom upon TENANT request, TWENTY-SEVEN:NORMAL WEAR u TEAR.Accumulation u,excess grease andtor m and damage wells.ceilings.floors or appliances `~not^`considered ordinary wear and fear and"not property cleaned,cleaning charges will m,deducted from the SECURITY DEPOSIT.if, w the OWNER sole discretion.Wish accumulates of living people to Clean the PREMISES to reasonable living Conditions,and bill the TENANT.Specifically,TENANT Is responsible for any and all darriage to their Apartment and any other Apartnient(s)caused by TENANT neglect,As an example.lioloding due to clogged toilets,tub., showerlsink overflows:andf of alisuse at dishwasher,etc Is TENANT neglect, WEAR AND TEAR items only Include vmm"that are no!caused uv TENANT uu,mtev result"/normal use over the years o/the apartment including loose or stubborn door locks,loose hinges o,handles o,doors.worn commmu,carpet^aamu"ooeeu'^mm but not m/pvomuvmem cut counter tops,"'°mu"ceiling from rain".bad plumbing, le= chipped u,cracked nm"'but not marks caused»v TENANT,loose wallpaper,faded curtains and drapes,beat blistered blinds,mnv°munxo,door screens not caused»y TENANT,sticky window,loose faucet handle,mowrm^s,mm^lose`m'wmdoprmr^ock.oumao"ummvcumonmnvnmu°mx,o"^tearmn"vonplm"m^ furniture,n,housing fixtures must u,reported within m days m the Incident*,such damages will u,considered m have been caused uv the TENANT, TENANT acknowledges 'wummn�*°"*/m"°v="c"�wnLsxes°"opo wim Artirm.y m"u""u"m,. | �� ' � TENANT PRINTED NAME rswAwruIGwxrnns WITNESS---- TWENTvEIGHT:CLEANING,REPAIR&REPLACEMENT, TENANT is expected it)leave the unit in tile�acl Santo at Ueller condition It was prior m their occupancy less normal wear arid tear ps defined above, v any",m//m"m costs are incurred art the par!o/the Aacwn OWNER m return the unit/v the exact same condition prior/"occupancy/"sole financial responsibility v/the TENANT. wm request that file .nits ate treated with respect and kept mgreat condition for those menjoy after your stay. CLEANING&REPAIR. x prior m moving the Items below are not u*unLd and left a satisfactory^*"om^�me �m/n=m,*m","* following charges ['~----^-'~-^ -''-1 .AGENT Page 6 of 12 potentially requiring cleallitir �pati ate listed, Tile TENANTwIll be chif9ed if such nerr listed require cleaning or fepjjr�- Any Appliance- $35 Trash semovat- S50/bag lub it Shower- $30 Carpel- $35 Carpet- From$100 Painfing- $50-750 Tilt,Floor- $20 closet- M Toilet- $20 Fire extinguisher S25 Cabinet- $35 Furniture- S35 Sink- $to Washer- S35 Counferlops,� $25 Min!Blind�s $40 Cotinterlops- Ps Dryer- S35 Fumiture�rmy- $35 Lost Smart Card $10 'rile- $25 Tile- $15 Hole in watt- $15-75 Minor- S110 clogged Toilet- $50 TENANT ricknowledgivg roadinglunderst anding this LEASE and histher tight to consult Wi Ih an attorney concerning iddendums, LEASEanaaa Anthiiny TENANT PRINTED NAME WI—TNFS;S REPLACEMENTS. if any items art,missingor damaged beyond re.mcinable�Woar and test',they must he replaced upon teriancy eypitalion,t termination..All costs for items andanY/all labor and service charges are Ine responsibility of Ihe tenant, An average list of charges are 11wed below,though those Plices art sublocl to change arid list Is a guide and not inclusive of ail potential replacements. Window glass- $75-250 Washer- $750 Window Screen-$76 Door Lock CW, *-S40 Light bulbs- S3 each Tile- $250-1,000 Fire Extinguisher$50 Dryer- $750 Doors- $75-450 Mini Blinds- $50 Taivol Bar- $20 Bike Rack,- $50 countartops- $100-500 Mirtoirs- S75 Fridge Shelves- S30 Shower Rod- S25 Appliances- $350-750 Carfiet- S150-2000 Light Globes- S30 TENANT acknowledges readlogfunderVanding this LEASE and hisirer right to consult Willi an attorney concerning LEASE anti all addendums. Anthony Dtmatlito TENANT PRINTED NAME WITNESS -IWENTY-NINE*APARTMENT ALTERATIONS.TENANT Is not to make any changes of any nature,including ithout first ablairling painting w, written consent from said AGENT,and the TENANT agrees to notify 018AGENT when any repairs are needed to the furnisoings or PREMISES,and AGENT 0all not be liable for any failure to repair In tile absence of such notice. THIRTY:INTERNET&NETWORK USAGE POLICY, Provided computer network system I intemet access is owned,overated and maintained by OWNERIAG, ENT. It Is providedas a loot for your success and a venue for reasonable recreation only. Downloading.uplorlding at otherwise transmitting any type of illegal content across this network is strictly prohibited, This includes trademarked.copyrighted and olhefwise restricted materials, Any violation of these policies will result in corrective action Including but not limited to revocation of intemetirtietwork access and/or eviction Users have NO REASONABLE EXPECTATION OF PRIVACY while using this Networklintemet access. Any and ail data conlaimid herein may be nionitoted.intercepted,recorded,read,copled,or captured in any manner by allthoriZect prirsonnol�System itemunne)or supervisors may give law enforcement officials any potential evidence Of clime,fraud,Or user misconduct found an this and all connected computer systems. Furthermore,law enforcement officials may be authorized to access and collect evidence from this rystem USE OF THIS SYSTEM(NETWORKIINTERNET 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 readiAgItinderstanding this LEASE and hIS/h0f right to consul(willhan ationitty,concerning LEASE and all addendums. " ""I MIMI"04-ititIm TENANT PRINTED NAME TENANT SIGNATURE DATE WITNESS THIRTY-ONE:OWNER ENTRY&INSPECTIONS -MONTHLY.OWNERIAGENT reserves the right to enter the PREMISES at na-,enable timeswilhoul prior notice to determine TENANT compliance with the terms and conditions or this LEASE,to make any repairs or perform any maintenance for which AGENT Is rosponSiblo.and to show the PREMISES to perspective TENANT,TENANT is responsible(at keeping PREMISES,steps,hallways,and parking areas clean and presentable at all limes- OA-'NEWAGENT reserves the fight to enter the PREMISES at any(tire that IheA4ENT In its sole discretion,determines that there exists an ernorgiencysilualion involving Ine PREMISES or a siluallon that presents a danger o(damage to person or property and/or loss of life. Normally,mamilenturre and repair work will be performed between the hours of&30 a.m.and 5:30 p,m.The OWNE R/AGENT shall have the right to enter the PREMISES without prier notice.in Order to Inspect the PREMISES,make necessary or agreed repairs,decorations,alterations,addilions or Improvements,supply necessary or�agreed services or exhibit lite dwelling,check to see it the TENANT is in compliance with the terms and conditions of this LE,ASE or show Ine PREMISES to either prospective or actual purchasers,mortgagors,TENANTS,or workmen. OVvNEPJAGENT will enter the apartment on a monthly basis to conduct routine apartment maintenance and Inspections mrJuding pit),-, checks,HVAC filter changes arid perfarm pest control measures. TENANT a0mowledges reading)understanding this LEASE and his/her right to consult With an attorney concerning LEASE and all addendurns, Anthony Dmialteit TENANT PRINTED NA�iE-'----- I PNANT'S'fUNA`f At DATE ��,—Tt4is—s--------- F, —"—AOENT ',age 7 0112 THIRTY-TWO.ASSIGNMENT&SUB—TTING,TENANT agrees to nolassign this LEASE or to sublet said PREMISES,a,,any part(hereol, Without written consent of sold OWN' *�ENTand any transfer In violation of tills prollibition shail 'onlialk7killy null and vold, At AGENT $010 discretion,AGENT may giant or, ,told such written consent, It AGENT allow%sublet,(hero vi ,a Two Hundred LIZ,Oolinr ($200.00)administration fee payablehinnediately. TENANT 5h.all riot,)'low ally other person,or persons.regardless of ago�(a occupy any part of tile apartment unit without priorwilthin consent of OWNER oi-AGENT� 15 strictly prohibited. In addition,roams assigned in this LEASE can only be changed at discretion of AGENT or OWNER. THIRTY-THREE:ROOM ASSIGNMENTS.TENANT at a three or(note bedroom apartment agree(flat tile aparlineilts,are designed for mulliple occupancy and that AGENT has file right to make assignments during the term of this LEASE to reassign TENANT to other apartments or to assign other occupants to TENANTS apartment where necessary to maintain a fully oCcupled unit,Any TENANT of a three or more bedroom apartment which is not fully occupied are not to utilize in any way the other bedrooms or bills, Use of unoccupied spaces byTENANT Or TENANT guest will result in additional rental and administrative charges In the amount of One Hundred U,S Dollars(SiOM00)per day, There is a Two Hundred U,S,Dollar($2100,00)charge for any requ el of file TENANT 10 tronSi'llif 10 a new unit whether prior to or during occupancy,and such request must be approved solely by the AGENT. THIRTY-FOUR:HOMESTEAD EXEMPTION.TENANT heraby waives and renounces'tor h(mitherself and family any and all homestead and exemptions rights belshe orthey may have under or by vinue of the laws or the State o(Perinsylvanla at file United States as agairlst any liability that may accrue under tills contract. THIRTY-FIVE:CLIMATE CONTROL�TENANT acknowledges and undaNands that 01)the assigned space js!ocaled Ina c1finale in which teirnpairatures.humidly.and other naturally occurring conditions noffhally allow the growth of mold andrilildew in localians Where dairtimess or Moisture Oro wesent;aid(b)upon moving into theassigned Space,TENANT will have crintrof over and knowledge concerning conditions in the interior of the assigned space.Therefore,TENANT agaies to set thermostats to Provide appropriate climate control and maintain tile assigned space in a clean condition by mapping,vacuuming,or wiping hard surfaces with a household cleaner,TENANT is to remove visititem.,alsiure or condensation an floors,wails,Windows,ceilings and other surfaces promptly,InaddIflon.TENANT must take other measures as may be necessary to prevent mold and mildew from accumulating in the assigned space(Including witholut limitation reporting Immediately to tile AGENT any evidence of water leeks at,mold a.mildew-like growth).Thermostats are locked for coofing during spring and summer months at a Plinialurn of 72 Degrees and(or Winter months for heating at a maximum of 70 Degrees.During winter months thermostats should be Sal on heat,during spring/summer months thermosials should he set on cool.The tan setting should always be set on AUTO.In addition,windows should be�ibmplcloy shut while tile HVAC units are in at-ii,in winter and springirsuirliner months to ensure efficiency, THIRTY-SIK:COMMONAREAS.Common areas include but are not limited to hallvitays,stairways,sidewalks,courts,entry passage$, pavilions,founges,studies,of ilily and storage rooms,grounds.and but'Iding exteriors. No Items are to be placed In or attached to any common areas without the express written consent of AGENT,including but not limited to any type of antenna at satellite dish.TENANT is expected to take every precaution to assure that common areas are.00f abused.TENANT Is responsible for all damage and loss to tile common areas "used by him/hr-T or members of frWher family visiting the PREMISES or histher guests visiting ttie PREMISES,Including damage toand loss of fixtures and furnishings in Ih--common areastis,well as damage to tile common areas themselves,whether or no'due to negligence, TENANT shall not obstruct or rise any sidewalk,c0urli entry Passaqe�hall,or stairway for any Purpose other than Ingress arld egress. THIRTY-SEVEN.,FIRE SAFETY.Open Flames,Extension Cords,Space Heelers,Barbecue Grills,&TIM Torches are prohibited.Smoke Alarms will not be lamperec!with or rendered inoperable,Open flames are strictly prohibited filer around PREWSES and beneath coverM areas(i�e_stairwells),except when provided by OWNER in designated areas,Extension cords(besideq power strips with brenkor swi1ches) and space heifers are also prohibited,It these Items are found in use,they-will Immediately be confiscated and not returned.Barbecue Giffis, other than ones provided by OWNER,and Tiki Totthas are prohibited in or around all Structures.TENANT agrees to let OWNER permanently remove and permanently confiscate any qrflK torches or other Ranimable Items found In contradiction of this provision at any lime.. THIRTY-EIGHT INDEMNITY.TENANT hereby releases AGENT from any and all damages to property or injury to persons and will hold tile AGENT harmless from all Such damages during tile term of LEASE,arising from the bursting or leaking of water from any act of negligence of TENANT,o(any GO-TENANT or adjoining TENANT of ally other persons whomsoever,All personal property placed in the PREMOSE$,or any olhef place APPUR-TENANT lbetalo.shall be at TENANT sole risk,and neither OWNER nor AGENT shall not be liable to TENANT at 7ENA-14T family,employees,mvilees,or licensees for any damage.loss.theft,caused by water,snow or ice or destruction thereof unless Caused by Old sole negligence of OWNER or AGENT-TENANT understands that OWNER insurance does not cover TENANT,TENA44T property or guests,TENANT must hive renters insurance,fire and liability Insurance to protect TENANT.TENANT ploperty,and guests who are injured while on!lie property,TENANT is responsible(or ail damage to the LEASED PREMISES and Injury to people caused by TENANT, TENANT'amity or guests, TENANT agrees the OWNER Is not responsible to TENANT,TENANT family or guests for damage or injury caused by water,snow or ice that comes on the LEASED PREMISES, THIRTY44)NEi INSURANCE.During the fami of this LEASE,and any extension thereof,TENANT should,at TENANT*S sole cost and expense.purchase renter's form homeowner's Insurance coverage providing for personal liability(bodily Injury and property damage)coverage with a limit of not less than$500,000.00 each occurrence and$5,000.00 In medical payments coverage and turthat, pz.ovicling coverage to keep TEINANT'S personal property on and In title PREMISES Insured for tile benefit o(TENANT against loss or damage resulting from broad forryi named perils an a replacement cost basla,TENANT acknowledges that AGENT does not carry any insurance on TENANT'S personal possessions. Such insurance policy must name AGENT&OWNER as an"adiffthinat loss payee and additionally Insured"on Issued Certificate of Insurance, TENANT acknowledges readinglonderslanding this LEASE and hisiher right to consult with an attorney concerning LEASE and all addendums, AMWAY 041riattoo TENANT PRINTED NAME —DATE WITNESS FOURTY:BINDING EFFECT AND APPLICABLE LAW.The covenants,conditions and LEASES herein shall apply to and bind In,-,heits, executors,personal rep resentali vos,successors and rts�,Jgns of(he patties hereto,If any provision of this LEAS E:isheldiabeinvalidar unenforceable,all other provisions shall nevertheless confinuo in full force und effect. This LEASE shafl be given effect and shall be construed by application of the low of Pennsylvania. FOURTY-ONE.NOTICES AND SERVICES OF PROCESS.Notices intly be served upon the TENANT in person or by regular mail whether of riot niFfiling Is accepted by TENANT,Written ricluces to AGENT Or OWNER as required nereirt must be presented to:MCA18CAICGA I-1C,14 Kennelh Ave Apt 2 or 2 Morningstar Lane Suite A Shipperisburg PA 17257, FOURTY-TWO:TIME IS OF THE ESSENCE,Time is of tile essence of this LEASE FOURTY-THREE:SEVERABILITY.If any provision of!his LEASE or application hereof to any person o�circumstance is held invalid,that invalidity shall riot affect ather provision-,or applications of this LEASE which cat)be given effect without the Invalid provision or applicatjon� and to Oils end.tile provision of Ibis LEASE are declared to be severable, —_-.--A,GENT of 12 FOURTY-FOUR.SUBORDINATION TORNMENT,ESTOPPEL CERTIFICATES. In coriqidera'F f the execution of this LEASE by AGENT,TENANT accepts ihis LEA! )jectto arty master leases,security interest or filtst morigi dell might now or hereafter constitute i lion upon the PREMISES oraoy bu,,9 or improvements Withir)the apartment community and 10!�ainq ordinances and other boRding and (ire ordinances and governmental regulations relating to Itirt Use of file PREMISES or the common areas of tile apartment corilmunil'y' Althou�)b no instrument oract on the part of the TENANT shelf be necessary to effectuate Such subordination,TENANT shall,nevertheless,;cr ate purposes.of confirmation,at any time hereafter,on demand,iri tile form(s)prescribed by AGENT,execute any mstrunlan!s,cetifficates, releases or other documents that may be requested or required fly any holder of any superior interest tot the purposes of subject! I and subordinating this LEASE to the lien of any sucb master LEASE,security interest,mort age,or Superior mit n .9 erest,TENANT hereby apporlits AGENT as hisher attorney in fact.Irrevocably to execute,and deliver any stj(,h Instrument or document for TENANT should TENANT fill or refuse to do so.In the event any proceedings are brought for the foreclosure of,or it,file event of exercise , of the power of sale under,any by(lie owner of lhe apartment community or in the event a dead is given in lieu of tolerlosure otany such mortgage,TENANT shall attorn to the purchaser,or grantee in lieu of foreclosure,upon any Such fohisclosure or sale and recognize Stich purchaser,or grantee In lieu of foreclosure,as the AGENT under this LEASE,TENANT agrees to furnish frorn lime to lime when requested by AGENT,a cerlificate signed by TENANT to the effect that this LEASE is then Presently ill full force and effect and unmodifielf for has been modiflod and is as set forth in file corlificale)�that the term of(his LEASE has commenced and the full rental Is then accruing heretundec,the amount of rew cun-entiq being paid by the TENANT:that TENANT has accepted possession of the PREMISES and that any improvements required by the terms of this LEASE to be made by AGENT.have been completed to the Satisfaction of TENANT,that the address for noticies to be sent to TENANT is as set forth in this LEASE(or has beep changed by notice duly given and Is Sol forth in the corificale):trial TENANT,as of the date of such cadifirate, has no cliaigai fien,orclaim, of offset undo!this LEASE or otherwise against rents or othof charges due or to become due herefurldeq�arid that to the knowledge of TENANT,AGENT Is not then in default undet this LEASE.The cerlifirale shall also ronlaut such other anrl further information as may be requested by AGENT. FOURTY-FIVE.,ASSIGNABILITY. This LEASE is fully assignable to all lights,obligations of TENANT to any third party by sole oec�siofi of AGENT, FORTY-SIX:RESPECT OF AND INTERACTION WITH OWNEWAGENT:Tenant Linderstands and acknowledges that Owner/Agent Is mado,available ter their benefit,AGENT undarstands situations will arise during TENANTS term and requests that TENANT.TENANTS relatives or person reprosonfing TENANT discuss any situation with AGENT In a professional manner.Any unprofessional behavior.(rursing,raising of voice.and any other negaliva attitude directed toward AGENTJOWNER)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 partywhicri is acting in such a manner return when ho/shis is capable of discussing the mailer at hand in a professional manner.TENANT understands that AGENT does riot relate to TENANT In such a way and AGENT requests TENANT Imals AGENT with the same fespecit,If TE.NANTiTENANT*s Family,at person representing TENANT can not conduct themselves in a professional malmer,TENANT WIll be requested to remove themselves from properly and the LEASE shall be nullified by both AGENTand TEANANT.I understand thepraceding and will abide by its request. Arifhont, 2012-07-16 TENANT PRINTED NAME �Uke,_'_'4 DATE WITNESS FORTY-SEVEN.,MISCELLANEOUS 1�Potts ofANY kind are strictly PROHIBITED In all MadisonlCmelisidek8rdoillside Court Apartments and common areas.ANY violation of this provision by TENANT may,a!AGENT option,result in any or all of the following consequences:lelmnation of this Lease Agreement;or imposition of a mandatory non-refundable pot assessment in the amount of two hundred dollars�($200.00)per day for Stich time as the TENANT has had a pet in(fie leased premises, 2-No custodial service other than in public areas is anticipated in the lease, TENANT will dispose of fresh and qarbige in the desionated locallon and procedure as oullined by AGENT for each respective building or living area, 3.No item may be hung outside the building frorn balconies or oti(of windows. 4.,AGENT agrees to furnish heal,water,and erectricIly(as explained in item 5 on Pige 2 of this Lease),and Amenities such as cable TV and internal access in tho Madison�Creefcsida�Brookside Court Apartments.fit no event shall AGENT be responsible for any interruption,shortage or reduction of utilities sullplica to file premises,no mailer how caused;provided,however, that if suco Interruption.shortage or reduction Is caused by OWNER,*,ban OWNER agrees to use reasonable efforts to restore u'llilies,and amenities as soon as treasonably and practically possible, 5.No commercial business(Inc;luding regular day care)may be conducted from the premises. Door.io-dottr soliciting is not permitted 6.Front doors to units are not to be propped open it any time. 7.TENANT shall riot store any combustible materials on or about tile premises,nor shall TENANT utirlize candles,Incense or culer similar items on or about the premises, B.TENANT shall follow aft rules and poitcles concerning traffic and parking as instructed so by AGENT� 9.Summer Storage Is offered to renewing of new TENANTS only. FOURTY-EIGHT,ENTIRE LEASE AND ADDENDUMS.Tile following attached Addenourns art-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 Wien AGENT.may unilaterally modify tile rules arid regulations conlained heroin irt accordance with Section SIXTEEW RULES®ULATIONS, abovie� -Lease Application-Completed prior to lease signing and electronically signed, -Other Releases -Safety Policy -Smoke Detector Notice The following 3 addandums/forms will be completed and signed upon Move In Day and Made available on your myrentportall after completion. Walk-through Assessment Addendum Door codelMallbox Code Release Form Parking Permit Form IN WITNESS WHEREOF,the patties have eirectited in duplicate the entire conteno of this;LEAZF_TENANTacknowledgestreadingl understanding this LEASE ano hisitherfight to consuftwith Ali attorney concerning LEASE and all addendums. The TENANT 6i"Ifler aaknowledges and agrees that this LEASE,when filled out and signed,is a binding legal obligation. tutillafty ......... 10 :FENXW1i_RiWf_ED NAME TENANT SIGNATURE WITNES9 vittanda Wenger Miranda Weng"t Z012-07-16 XGENT PRINTED NAME AGFNTSIGNATURE DATE WITNESS-' ' I"zl." . . �� --AG15NT page 4 ol 14 TENANk LEASE AGREEMENT- MOLD INFORMATION AND PREVENTION About Mold. Mold is found virtually everywhere in our environment -both indoors and outdoors and in both new and old structures. Molds are naturally occurring microscopic organisms that reproduce by spores and have existed practically from the beginning of time,Ail of us have lived with mold spores all of our lives.Without molds we would all be struggling with large amounts of dead organic matter.Mold breaks. down organic matter in the environment and uses the and product for its food,Mold spores(like plant pollen)spread through the air and are commonly transported by shoes,clothing anti other materials,When excess moisture is present inside a dwelling mold can grow,There is conflicting scientific evidence as to what constitutes a sufficient accumulation of mold which could lead to adverse health affects,Nonetheless, appropriate precautions need to be taken. Preventing Mold Begins With You.In order to minimize Ilia potential(or mold growth in your dwelling,you must do the following: a)Keep your dwelling clean -particularly in the kitchen,the hathroorn(s),carpets and floors.Regular vacuuming,rapping,and using a household cleaner to dean hard surfaces is Important to remove the household dirt and debris that harbor mold or food for mold. ImniadWaly throw away moldy food. b)Remove visible moisture accumulation on windows,walls,ceilings,floors and other surfaces as soon as reasonable possible,Look fob leaks in washing machine hoses and discharge lines-especially if the leak is large enough for water to infiltrate nearby walls.Turn on any exhaust fans in the bathroom and kitchen before you scan showering or cooking with open pots.When showering.he sure to keen the shower curtain inside the tub or fully close the shower doors.Also,the experts recommend that after taking a shower or tialh,you: (1)wipe moisture off of shower walls,shower doors,the bathtub and the bathroom floor,(2)leave the bathroom door open until all ritolslure on the mirrors and bathroom walls and the surfaces has dissipated;and(3)hang up your towels and bath profs so they will ccmpfete!Y dry out. c)P romp tlynotlry us in writing about any air conditioning or heating system problems you discover,Follow our rules,if any,regarding replacement of air filters,Also,It is recommended ilia!you periodically open windows and doors on days when the outdoor weather is dry fi.e„humidify is below 50 percent)to help humid areas of your dwelling dry out. d)Ptomptly notify us in writing about any signs of water leaks,water infiltration or mold,We will respond in accordance with state law and the LEASE Contract to repair or remedy the situation,as necessary. In Order to Avoid Mold Growth,it is important to prevent excessive moisture buildup in your dwelling.Failure to promptly pay attention to leaks and moisture that might accumulate on dwelling surfaces or that might get inside walls or ceilings can encourage mold growth. Prolonged moisture can result from a wide variety of sources,such as: a)Ralmvaler leaking from roors windows,doors and outside walls,as well as need waters rising above floor level; b)Overffows from showers,bathtubs,toilets,lavatories,sinks,washing machines,dehumidifiers,refrigerator or AIC drip pans or clogged up AJC condensation lines: o)Leaks from plumbing lines or fixtures,and leaks into walls from bad or missing groulinglcauiking around showers,tubs or sinks; d)Washing machine hose leaks,plant watering overflows,per urine,cooking spills beverage spills and steam from excessive open pot cooking; e)Leaks from cloth fryer discharge vents(which can put lots of moisture into(tie air);and flinsufficient drying of carpets,carpet pads,shower walls and bathroom floors. If Small Areas of Mold Have Already Occurred on Non-porous Surfaces(such as ceramic,tile,granite,Formica,vinyl flooring,meta',wood or plaslic),titre federal Environmental Protection Agency(EPA)recommends that you first dean the areas with soap(or detergent)and water, let the surface dry,and then with in 24 hours apply a pre=mixed,spray on type household biocide,such as Lysol Disinfedarinii(original pine- scented),Tilex Mildew tRemover,�D or Clorox CleanupGo,(Note:Only a few of the common household cleaners Will actually kill mold).Tilexdi and Clorox@ contain bleach which can discolor or stain.Be sure to follow the instructions on the container.Applying biocides without first cleaning away the dirt and ails front the surface is like painting over paint without first cleaning and preparing the surface.Always dean and apply a biocide fo an area 5 to 6 times larger than any visible mold because mold may be adjacanl In quantities not yet visible to the naked eye.A Vacuum cleaner with a high-efficiency particulate air(HEPA)filter can be used to help remove non visible mold products from porous items, such as tibers in sofas,chairs,drapes and carpels •provided the fibers are completely dry_Machine washing or dry cleaning will remove mold Irom clothes, Do Not Clean or Apply Biocides to:(1)visible mold on porous surfaces,such as sheetrock walls or ceilings.or(2)large areas of visible mold on non-porous surfaces.Instead,notify us In writing,and we will take appropriate action in compliance with applicable fawn. Compliance,Complying with this EXHIBIT will help prevent mold growth in your dwelling,and both you and we will be able to respond correctly!(problems develop that could lead to mold growth,If you have questions regarding this EXHIBIT,please contact us at the management office or at the phone number shown In your LEASE. If you falf.to comply with this EXHIBIT,you could be held responsible for property damage to the dwelling and any health problems that may result,We can't fix problems in your dwelling unless we know about them. PACKAGE RELEASE I hereby give permission to MCA/BCA/CCA its AGENT,AGENT'S representatives,managing agents,and employees to accept packages on my behalf.i also hold harmless and understand that the AGENT,AGENT'S representatives,managing agents,employees and all other subsidiaries are not liable or responsible for the acceptance of such packages that are delivered to TENANT(s) by the United States Postal Service,UPSID,FedEx61,FedEx Expresso?,or any other mail delivery service.This shall imciudd packages flint pro delivered to the!easing office or that are left outside the TENANT'S apartment by the deliverer.TENANT(s)shall be responsible for notifying senders of the proper address(including apadmant number)and delivery methods to ensure the package is received,In addition,I fully understand that MCArBCA1CCA has the right to refeise acceptance of any packages)and have at any time returned so called packages if not removed from the Management office within 3 business days, AGENT Page 10 of 11 TENANT(,„,_. LEASE AGREEMENT-SAFETY POLICY 'Ace reallae that safety is a genuine concern to all TENANTS.Although there is noway for 05 to guarantee protection for TENANTS who five at our properties:we feet Ihat it is important for us In outline Ina steps that vie take wilt)respect to safety issues.The best service w•e can provide re,aling to safety issues is to keep you informed of What we do and of what we expert you to do for yourself.We tee(that by keeping our TENANTS informed.the TENANT will be able to take whatever measures they feel are necessary to protect themselves,their guests and their respective personal belongings_The purpose of this Acknowledgement is to explain the OWNER'S/AGENT'S safety philosophy,to Inform you of the steps we take with respect to safety issues and to make suggetitions with respect to what steps you can take to protect yourself. a)Rosponsibiftty for your safety.No matter what steps we take with respect to srifefy issues,it is absoiuloly imperative that you realize that there is nothing we Gan do to pleVenf crit"d from occurring,urtfortunately,crime,appears to be a fact of fife when living in a rttafor ti,S:city. There is no guarantee fltat any effort by either tine Owner or file Owner's n)anaging,agent will in any way increase any TE-NANrS personal safety or the safety of a TENANTS famiiyorguests of lheirrespeclive belongings.We.cannot assume rasponsifalily torlhe criminal action of third parlies.We are not trained police officers and in tact.have ito grwi ter legal right to stop ciritnlnais or enforce;tijtvs ill an do you The only way that you can effecrively avert(tie Impact that the criminal eleineof of our society has upon you and your guests is td take,any and all precaution&you can will)respect to safety WOOS,Each TENANT has to realize that the local taw enforcement ageocies and the TENAtJf are responsible for rile TENANTS safely and the safely of all quests,you should contact the local taw enforcement agency directly it you are in need of safety services b)Safety Devices.We will comply with the requirements of stale law with(aspect to providing safely devices to,Apartmenls al the property,At the commencement of your LEASE,your Apartment Is equipped wish:(1)awindow latch on each exterior window;(ti)a doorknob lock of keyed dead bell an each exterior door,(iii)a sliding door pin lock on each exterior sliding glass.door,(r�)a sliding doge handle latch or a sliding door safety bar on each exterior sliding glass door:and(v)a keyless bolting device and a door viewer on each exienordoor.Upon written request to the management office,and at your expense,we will perform additional mkeying or change a safety device pursuant to applicable state law. c)Lfghiing_The property is lit during evening hours.However,no matter how much lighting Is provided,wetannol eliminate all potential hiding places in[tie Common areas of the Apartment Community.If you havecccasion to walk around the community at night,we urge you to refrain from walking alone.Also always attempt to walk in wail•til areas.Onto again,please appreciate that tight fixtures can be damaged or malfunction; d)Suggestions regarding safety issues.We are relying on you to be as Cautious as possible with respect to yourpruperty and your surroundings.Although you MAY develop your awn safely program as you desire,you acknowledge that we have given you the following tips that we have suggested you follow: e)Always contact the local taw enforcement agency whenever you are in need of safety services.Do not contact the answering sdnire:,tile management office or any guest service for this can only delay the response lime a.Keep the telephone number at the local law onforcernent agency in a readily accesstwo piace;call 911,in the.event of an emdfgenry, b.Gel to know your neighbors.Be able to recognize whether there are sirangers in your area of lirecommunity. c.Contact the local taw enforcement agency if you see that your neighbors safety is threatened;request that they do the same tot you. d.Always fork your apartment door whenever you leave your a-Partment even if you are fust.gonemomentarily or when you are in your apartment.Yovr door automatically locks once closed, e.Always lock you;car door whenever it is ten unattended in the parking lot. elf you have occasion to walk around the community at night,try to refrain from walking alone, g.Be sure that you have a sufficient amount of Insurance on your own person,your personal belongings,and fine personal belongings of your guests, It Be award of criminal activities in the area,in the event that the management becomes aware;or critmna)inc,dents,such as an assault of a person or a theft of an automobile,in the community or fn the lmmadi;rtearea,we will attempt to convey information to TENANTS as soon as possible.it is imperative that you understand the terms of this Acknowledgement,By initialing below, YOU represent that you have read and understand this Acknowledgement and that you understand that Owneri AGENT is relying upon you to use common sense and prudence in matters concaming you,safety.If you have any questions regarding Ownersl AGENTS safely policy or Would like to inquire about any items discussed in this Acknowledgement,please confect the management office. ...._..............._AGENT Page 11 of 12 TENAtdT?<,..w,T.: LEASE AGREEMENT -SMOKE DETECTOR NOTICE For and in consideration of the LEASE of which this is a part,the undersigned TENANT rertifias that tie or she.has read and understands and agrees to(he following: a)Smoke Detector.TENANT acknowledges that as of the date of initial occupancy,the Unit Is equipped with one of more smoke detectors: that TENANT has inspected the smoke detactor(s),and that TENANT rinds Ittlham to be in good working order. b)Repair.TENANT agrees that it is TENANT'S duty to regularly test the Smoke detector(s)..TENANT further agrees to notify the AGENT imnediately in writing of any problem,defect,malfunction or failure of the smoke detectors)and to notify the AGENT of file need to install,inspect or,repair the smoke delector(s).Within seven(f)days of receipt of such written notification by AGENT owner sha<r repair the smoke detector(s),assuming the availability of labor and materials. c)Mainienanca.TENANT agrees to replace the smoke detector(s)battery if necessary,TENANT must not disconnect or intentionally damage a smoke detector or remove the battery of a smoke detector without immediately replacing it with a working battery.TENANT may be subject to damage,civil penalties and attorney's fees for not complying with this provision, d)Replacement.TENANT agrees to reimburse the AGENT,upon request,for the cost of a new smoke detector and the installation thereof in the event TENANT,his or her guests and/or Invitees damage the existing smoke detector(s). e)Discia(mer,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 responsibility for all risk and hazards attributable to,connected with or in any way related to the operation,malfunction of the smoke detectar(s),regardless of whether such malfunction or failure is attributable to, connected with,or in any way related to the use,operation,manufacture,distribution,repair,servicing or installation of said smoke detector (s).No representation,warranties,undertakings or promises,whether oral or Implied,or otherwise,have been made by AGENT,. its agents or employees to TENANT regarding said smoke detector(s),or the alleged performance of the same,AGENT neither makes nor adopts any warranty of any nature regarding said smoke detector(s)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 statule,AGENT.shall not be liable for damages or losses to person of property caused by(1)TENANT'S failure to regularly test the smoke defector(s);(2)TENANTS failure to notify AGENT of any problem,defect,malfunction,or failure of the smoke detecfor(s);(3)theft of the smoke detector(s).There are no warranties,which extend beyond the description on the face hereof. Page 12 of 12 Creekside Court, LL,C-Pron-qty Management System. 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Ap;i.;,. e Dori accurmi,to lite n. .......... ............ 10om—" to AMXM, ,ti;.tsIII wlmmwoo I'll rwxmwvi,.i Das*. Wool.by ugia"OA.Cv,,,hj 20,j-2Rti litll)s://ri,-iiiote,re,x-corp.lict/go/littp://np.i-ex-corp.net`/l)rii/'Viewapp]icatiOil.pl,lp?SLII-VeyCollip1,.. 8/13112()12 Bradley C. Bechtel, Esquire 4*732 Mosintain View Road flarrisbi.irg, PA 171LO-2834 Auqust IV, 2012 MzldisOn Court, .141C/Crecksi(je coLirl, c/o CAPM, LL.0 11 Kenneth Ave. Apt 2/2 MOtninqStar Lane Suite A Shilppensburq, PA 17257 In re:: Anthony and Andrew DiMatteo Dear Sirs: T ., have been approached by the. above referenced persons. it appears that th(-y have si-gried folir separate contracts for hollsijig at Shippensbur.-cl this year. I* i - rst, both Anthony and Andrew signed two contracts w.1jj, Shippen.sburg University, whk.,11 they did not Caticej by dUiY 1, as required in those contract-s. 'Phen, they signed two r, ,ontracts with yc),,, For housinq on July 16, .1012, with move in dates of AuqusL 24, 2012. 1 t is obvious to them (:.I.jcry cannot live both pjaces. They are here-by rescinding their contral-ts it Creeksidc, Court Apartments, and Would like you to immediately proceed to ro-,i-.-ent the apartments and witigate any damages. S,inco they 3dve not. yet moved in, th.ey would expect the roturn Ot ally Monies paid for sCCUrity or deposit, since. they OkWiOusly could not have been earned. I havc only been retained. for the ptjrpo�qe ,)f 9j.v-j,Tjg you t hi 's notice, so Pleaue feel free to send their checks direcLly to them ur to contact thorn as needed. .11hank yeau. Sincercly, EXHIBIT COMMONWEALTH OF PENNSYLVANIA , Judgment/Transcript Civil Notice of Judgm COUNTY OF CUMBERLAND �'.�.` � Case Mag.Dist: No: MDJ-09-3-01 Keystone Real Estate Group, LP MDJ Narne Honorable H.Anthony Adams V Address: 35 West Orange Street Anthony DiMatteo Shippensburg,PA 17257 Telephone: 717-532-7676 Keystone Real Estate Group, LP Docket No: MJ-09301-CV-0000048-2013 T/A The Apartment Store Real Estate Group Case Filed? 3/26/2013 2 Morningstar Lane. Suite 92 Shippensburg, PA 17257 Disposition Details Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-0000048-2013 Keystone Real Estate Group,LP Anthony DiMatteo Judgment for Defendant 04/16/2013 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 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. ll D 5je Magisterial District Judge H.Anthony Adams 1_� I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge .._.........................._.....__.._..............-------------- _._. MDJS 315 Printed.04/16/2013 10:38 57AM EXHIBIT Keystone Real Estate Group, LP Docket No.: MJ-09301-CV-0000048-2013 V. Anthony DiMatteo Participant List Private(s) Bradley Charles Bechtel,Esq. PA Game Commission 2001 Elmerton Ave Harrisburg,PA 17110 Plaintiff(s) Keystone Real Estate Group, LP T/A The Apartment Store Real Estate Group 2 Momingstar Lane,Suite#2 Shippensburg,PA 17257 Defendant(s) Anthony DiMatteo 525 Sam Snead Circle Etters, PA 17319 PADJS 315 Page 2 of 2 --- _— --printed 04!16/2013 10 38 57AM CERTIFICATE OF SERVICE I hereby certify that on the day 9 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 y H eyers, squire IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP Plaintiff NO. 2013-2733 V. CIVIL ACTION - LAW c ANTHONY DIMATTEO, Defendant 71, 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. f f Bradley C. B cc ;Attorney at Law Pa. I.D. #49681 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. 2013-2733 V. CIVIL ACTION - LAW ANTHONY DIMATTEO, Defendant ANSWER TO AMENDED COMPLAINT AND NOW, this Aday of August, 2013, comes the Defendant Anthony 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 Anthony 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 ofthe 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. 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. 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. 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 wag 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.13echtel, AAdfney at Law 4732 Mountain View Road Harrisburg, PA 17110 (717)877-4643 brbechtelggmail.com VERIFICATION I, Anthony 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 falsification to authorities. Anthony DiMatteo IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE REAL ESTATE GROUP Plaintiff NO. 2013-2733 V. CIVIL ACTION - LAW ANTHONY 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 depositin ame in the United States First Class Certified Mail return receipt requested, this ��a of Au p q y gust, 2013. By: Bradley C. Vec el A ttorney at 1 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY,PENNSYLVANIA KEYSTONE REAL ESTATE GROUP, LP Plaintiff NO: 2013-2733 i5 V. CIVIL ACTION—LAW 7S ANTHONY DIMATTEO � 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. SALZM HES, P.C. By: Y/N#cy,W Mey s, squire ttorney I.D o. 77064 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Dated: August02013 Attorney for Plaintiff VERIFICATION I leave read the statements made in Plaintiff s Reply to New Matter and Counterclaim. and they are true and correct to the best of ,my knowledge, information and belief 1 understand that false statements herein .made are subject to the penalties of 18 Pa.C.S.A. § 4904, rclating to unsworn. falsification to authorities. Keystone Real Estate Group,LP Date: By: Mar rantz Ad s, hief(Operating Officer CERTIFICATE OF SERVICE I hereby certify that on the ;)�6' 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: 6Aancylft M/ rs, Esquire