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HomeMy WebLinkAbout04-6075COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT i COMMON PLEAS No. 04/ - (oO 7?) 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 District Justice on th NAME e date and in the case referenced below. . - / ' ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plaintilt) (Defendant)' DOCKET No. c-/ 4xo p ,vG,qr SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT T- X00®?J`C? _ U `l ?-?C• ?2r , 11444?? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary d Enter rule upon IA- z /fhL appellee(s), to file a complaint in this appeal Name ofappellee(s) //?Ui • .r7?/ • ??L (Common Pleas No. Oz/- 7J ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature appellant or attorney or agent 3 - - RULE: To appellee(s) Name of appettee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .2- 20 ?y/,//(/?? ?o / ? ---/ - --- -- ?--- - ?/ Signature o7 thonotaryo ep YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST" BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffTant Signature of official before whom affidavit was made Title of official My commission expires on ,20 ? E. N c Q -C- M _ ,- G3 7 C . c_ Cj M AOPC 312A - 02 FREEHOLD ENTERPRISES c/o STERLING PROP. MGMT. INC. Appellee V. VERONICA WHITNEY., Appellant IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 04- (e4 CIVIL TERM LANDLORD/TENANT PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Veronica Whitney, Appellant, to proceed in forma pauperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES BY: ?Geoffrey M. Biringer, Attorney for Appellant 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 C'? ra (7, r "!7 c ? ?tl r C?J a - `-' Lr "l _ _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag, Dist. No.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717 ) 240 - 6564 17013-0000 ATTORNEY DEF PRIVATE : GEOFFREY M BIRINGER 8 IRVINE ROW MIDPENN LEGAL SERVICES CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FFREEHOLD ENTERPRISES 21 S PITT ST APT/STE 1 %STERLING PROP.MGMT.INC. LCARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS FWHITNEY, VERONICA 165 WEST NORTH ST CARLISLE, PA 17013 L J Docket No.: LT-0000350-04 Date Filed: 9/27/04 THIS IS PTO NOTIFY VU THAT: Judgment: FOR PT•ATNTTFF Judgment was entered for: (Name) FREEHOLD ENTERPRISES Judgment was entered against WHITNEY, VERONICA I X-1 Landlord/Tenant action in the amount of $ 1, 651.15 on 11/08/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 615.00 (Date of Judgment) 615.00. Total Amount Establish d ppJ ess Security Deposit Ap lid Rent in Arrears $ ?,8.5 - $ . b Physical Damages Leasehold Property $ o 0o -$ .00 = Damages/Unjust Detention $ .0o - $ . 00 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Total Judgment in a Adjudicate JW? ,gt_ 1 52 $ $ .00 - 00 $ .00 $ _00 $ SS8.S2 $ 92.63 $ _on 1,651.15 0 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is not satistied by time of eviction. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT CF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED N4TH,E JUDGMENT MAY FILE ULL, SETTLES, A 'REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DE1576 PjFE, #4f OR,OTHERWISE COMPLIES WITH THE JUDGMENT. "Date District Justice '? ? ? ? r?.? _ ?•P ?,` .. . I certltyt,,h,.", at this is a true and core of the re th r edln s tairtjng the judgment. ti Date District Justice MY commission expires first Monday "of January, 2006. 1 SEAL. AO C 315A-03 C? ? Q TI ., C7 ;. _.? C.J COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No!-?a-4/ " (0 7.3 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 District Justice on the date and in the case referenced below. "V? R vitif 1C,4 G 111730;?r)l U. q NO. - o/ ?i? cc?J,q P. c o'Ce' ,4 4 DATE OF IUDGMEENNT IN THE CASE OF (Plaintiff) ?? f Q' D ! `^ ((Defewndant)' ?/ ?'^? •/f V -V R[/..-Gr-/ / ?'" //?yY 44- Y4.? Al' e, A W' 111//1,Cy sDOCKET No. C D ,.K' AL 1?I? SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 4 7--' M410,;,"a - U 1/ s^/c' Cy-urffcry /f . This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon /?G-C y?"L G.dlyf i???t.1 SrCFl ??'? appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. Al _ p 7j ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 114 f Signature appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 1---- --- ---- - ------- -- Signature of thonotary o Deput YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE li 3 ll4 :'q:.4. ° . .?;?'. F?; .a3 l8AwR4" +t ' fir .?.??r .ts . • M ,t. cc m C3 r -q 1:S 4 rl.l m lie "I 0 d )r 11 11 .i ... O Es ri( ,i D I I C3 11 )r: ii.,i, f' J r-3 r-q Ir O 3 Postage $ . 2 rru Certified Fee rY') Return Receipt Fee (Endorsement Required) / \\ Postln !k Hdrg ^^ ,, ED Restricted Delivery Fee O (Endorsement Required) " ` e et.d r, 2a 1 Fe 1": A O / O Total Postage & Fees F rq tt 7 a Sent o F-q wo [fall r-R Street, Apt. N." ' : eC ct o / / 7F G?f/ (? Box No. ?/ or PD - ------------------------------------------------------------ M City, State, ZIP+4 4 I Form 3800, January 2001 See Reverse for l,nstrucdoT € WF O SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT 77;r 'r:i: v,. VUS7" BE FILED WITHIN TEN (10) DAYS AFTER ding of the notice of appeal. Check applicable boxes.) CC7t.9MON'A'i_ i F'ENNSYLVANJA C 001NI IT. (X ; ss AFFIDAVIT: t fsweari (affirm) that I served ",X, 4, 01 e' a calepy of the Notice of Appeal, Common Fleas No. upon the District Justice designated therein on (date or service) d -, 20o?. 0 by personal service ??by (certified) (r gl4aw i) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 C [] by personal service 93-5y (certified) (rejr+sWed) mail, sender's receipt attached hereto. ,,lam "SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME ? _ ?._-.. THIS DAY OF .20 _ ignatura ofaifiarat si,vature of official before whom affidavit was made 0 o © I LL`I C C= rn i M Tide of official z C'7 rn My commission expires on 20 C;:, `•-i O I, Geoffrey M. Biringer, verify that the statements made i .... this Proof of Service are true and correct. I undersfland thacE false statements herein are made subject to the penalties of 18 Pa.C.B Section 4904 relating to unsworn falsification to authorities. AOPC 312A - 02 FREEHOLD ENTERPRISES Plaintiff vs VERONICA WHITNEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. e} CIVIL- NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend agairot the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, 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 proce*d without you and a judgement 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 Plainltiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER. AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 TELEPHONE: 717-249-3166 FREEHOLD ENTERPRISES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. CIVIL VERONICA WHITNEY Defendant COMPLAINT 1. Plaintiff is Freehold Enterprises, a Pennsylvania Partnership comprised of J. Michael Adler, an adult individual, and Michael Temple, an individual, with a business address of 21 South Pitt Street, Suite 1, Carlisle, Cumberland County, Pennsylvania. 2. Freehold engaged Sterling Property Management as agent for rental property management. 3. Defendant is Veronica Whitney, an adult individual, whose last known address was 165 West North Street, Carlisle, Cumberland County, Pennsylvania. 4. On or about October 4, 2003 Defendant Veronica Whutney entered into a residential lease thru Sterling Property Management with Plaintiff Freehold Enterprises for the rental of 165 West North Street, Carlisle, Pennsylvania. Exhibit "A". 5. Defendant failed to pay the monthly rental amount of $615.00 per month when due, thereby breaching her lease with Plaintiff. 6. On or about August 12, 2004 Plaiptiff provided Defendant with an Eviction Notice, requiring that she vacate the premises. A copy attached. 7. Defendant continues to be in default of her lease in that she owes Plaintiff $1,558.52 in rental arrearage. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant in be due. 2 plus costs of suit and any further rental arrearage which may the amount of $1,558.5 RespectfullY submitted, LTNC N, P.C. iam A. , Esquire 1 Irvine Row Carlisle, PA 17013 717-249-7780 Attorney I.D.# I verify that I am Susan Whitaker, an employee of Sterling Property Management, Inc., agent for Freehold Enterprises, Plaintiff and that the statements :made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to auithorities. II Susan Whitaker Dated: December 27, 2004 FREEHOLD ENTERPRISES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. CIVIL VERONICA WHITNEY Defendant AFFIDAVIT OF SERVICE I, William A. Duncan, attorney for Plaintiff, being first duly sworn according to law, do depose and say that service of the complaint in the above-captioned matter was made on the Defendants herein named by regular U.S. Mail, postage pre-paid, in accordance with Pa. R.C.P. 1005 to the following address on December 27, 2004: Geoffrey M. Beringer MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 \ ztm ?? f William A. Duncan 1 Irvine Row Carlisle, PA. 17013 Sworn to and subscribed before me 's day of NOTARIAL SEAL. NOTARY PUBLIC CARLISLE C MBU Np COUNTY COURT HOUSE MY COMMISSION EXPIRES JANUARY 2, 2006 11i STERLING PROPERTY MANAGEMENT, Inc. 21 S. Pitt Street Suite # 1 CARLISLE, PA 17013 (717)258-5800 RESIDENTIAL LEASE AGREEMENT Revised 11/2001 Today's Date: $ Landlord: ". V L t_ --> Tenant(s): 1 c1-1\\ ?. (.? .dam 1t?? Property or Premises: r .L This lease is a legal binding document. Both the landlord and'tenant(s) are responsible for following the terms spelled out in this lease. If you do not understand anything written in this lease, please consult an attorney's opinion before signing it Pennsylvania Law requires real estate brokers and salespersons (licenses) to advise consumers of the business relationships permitted by the Real Estate Licensing and Registration Act The Tenant(s) acknowledge receipt of said Consumer Notice its adopted by the State Real Estate Commission at 49 Pry Code Subsection 35.366. Initials X 1) LENGTH OF THE LEASE: This lease is t, ?Lt {1 in length and will begin on N(,Nom-(? and will end at midnight on I, , L _D-P-4--V This lease will not renew itself. The tenant(s) and landlord must sign a new agreement by the end of this lease to allow the tenants to continue to live at the above listed property, otherwise the tenant(s) must give a 60 day notice IN WRITING that they intend on vacating the property. If the tenant(s) remain(s) without signing a new lease, the rental rate for the holdover period will be the actual rental rate plus 25% monthly.) All other conditions of the lease will remain in effect, including the required 60 day notice to vacate. 2) RENTS DUE: The amount of rent due in monthly installment, is >) { j% F! ; hl ;L Mars ($ ?y 1 C . i . per month for a total of _ j ',L L \,' i ( Q_ ) months. The total amount due for the term of the lease is . ?LVul j ? t1 Ps_ i (" f's ab 1( l f Lu2-_ ` dollars ($ G . Tenant(s) agree to pa the monthly rent before the first day of every month. If the total rent due from all tenants is received between the first (I st) day of the month and the fifth (5th) day of the month, a late rent charge of five percent (5 %) of the monthly rent will be added. This amount equals t_ (, rliz ft 1 7 Ji -? •- w dollars If the total rent due from all tenants is received after the fifth day of the month, another late rent charge of five percent (5 %) of the monthly rent will be added. This amount equals I ?- L # 9'. ; 1 ? ? I e GL dollars ($ >L t >) If any payment by check is returned NSF (insufficient funds), a thirty dollar ($30.00) return check charge will be added 9 ? Initials: %? ?''° Date: Page 2 along with any late charges caused by the return check. The landlord will also require the rent along with any other fees due be paid with certified funds--i.e. money order or cashier's check. All tenants are responsible for payment of the full amount of the rent. In addition, a notice demanding either payment of late rent plus any other fees or moving from the premises may be sent after the fifth (5) day for nonpayment of the rent. A court action to remove tenant(s) for nonpayment of rent may be started on or after the fifteenth (15") day. SPECIAL NOTE: If the late rent, late rent charge, and any funds associated with a check returned for insufficient funds are paid on or before the fourteenth (14th) day after the rent is due, the Landlord will not take court action to remove the tenant(s) because of this NSF (insufficient funds) check. 3) SECURITY DEPOSIT: Tenant(s) agree to pay the landlord a security deposit of X F...EyI\iI-)f cD 11"1}(a -k i dollars ($ °; paid by eltitt' 1C to be held in a separate escrow account at Commerce Bank. The Account number is 616118363. Tenant(s) agree and understand that landlord does not pay interest on security deposits. Tenant(s) also agree and understand that the security deposit may not be used for rent or any other money due to the landlord including the last month's rent. The landlord will hold the deposit for the following reasons: • Payment for damages caused by the tenant(s), tenant(s) family, or the tenant(s) visitors. • Payment of any other sum due to landlord-late fees, court costs, and / or unpaid rent. Landlord will return the deposit within thirty (30) days of the end of the lease minus any unpaid fees only after the following occur (this means that the thirty day period does not begin until the following things occur): • Tenant(s) leave the property in the original condition in which they found it, allowing for reasonable wear and tear. • Tenant(s) remove all personal property. • Tenant(s) return all keys within 24 hours of vacating the premises-if not done, the locks will be replaced and the cost deducted from the deposit. • Tenant(s) give a forwarding street address including phone number, in writing, to the landlord before moving out of the premises. The security deposit return check will be made payable to all persons signing the lease unless previously agreed upon in writing by both landlord and tenant(s). Again, tenant(s) agree and understand that landlord does not pay interest on security deposits. 4) NUMBER OF TENANT(S): No more than 1__, the leased property. These people are named as follows: people will be allowed to live in Any person not listed on this rental agreement will cause the allowed residents to have to pay an additional one hundred ($100.00) dollars per person per month for each full or partial month the nonresident is staying at the premises. The payment of this fee does not allow extra tenant(s) to be added to the lease. 5) OCCUPANCY AND POSSESSION: Tenant(s) agree that if the property is not ready for them to occupy because a previous tenant has not moved out or did extensive damage, the lease stays in effect and the landlord will not start charging rent until the premises is ready for tenant(s) to move in. Tenant(s) will not hold the Landlord responsible for any damages tenant may incur because tenant(s) could not move in until after the lease was to begin. If the premises is not ready to occupy within the first sixty (60) days of the lease, the lease, at the option of the tenant(s), may become null and void. In this case, tenant(s) will have all security deposits refunded to them. If the property is available and tenant(s) do not take Initials: 1% . J, Date: 4 -2 (? ` Page 3 possession of the property within one (1) week by paying the full amount of the rent owed for the first month, it is understood that the tenant(s) have canceled their right to move in and the landlord may keep all monies paid by tenant(s) in advance. In this case, the tenant(s) must also pay rent for the days the premises stays empty. The tenant(s) will also be responsible to pay for all reasonable advertising costs and any reasonable leasing fees incurred to release the property. Yes_ No If the landlord is making improvements to the property which do not make the property unlivable, tenant agrees to allow the landlord access to the property for these improvements and agree that there will be no reduction in the amount of the rent during this time. The improvements that the landlord intends to make include the following items: The landlord agrees that every effort will be made to make these improvements. The tenant(s) agree and understand that the landlord is under no obligation to make these improvements unless they are specifically agreed to here. 6) TRANSFER OF LEASE (SUBLETTING): Tenant(s) agree not to reassign this lease or sublet the residence. You will be breaking this agreement if you do so. If you would like to sublease or change the individuals on the lease, you must contact the landlord, and all decisions about changing the lease are up to the landlord only. 7) USE AND CARE OF PROPERTY: (a) LANDLORD AGREES TO THE FOLLOWING: Landlord will keep the property and common areas in reasonable condition as required by law. Landlord will also keep the property reasonably free of pest, rodents and insects. This does not apply to single-family dwellings. If continued service is needed to remove pests rodents and insects because the tenant does not keep the property in a reasonably clean condition, tenant(s) agrees to pay for the cost to remove the pests, rodents and/or insects. (b) TENANT(S) AGREE TO THE FOLLOWING: Tenant(s;i can only use the property as their primary place of residence for them and/or their children. Tenant(s) may not use the property as a place of business without the written permission of the landlord. In addition, tenant(s) cannot use the property for a fraternity or sorority house without the written consent of the landlord. Tenant(s) may not make any changes or additions to the premises without the written permission of the landlord (this includes painting, changing locks, attaching exterior signs, etc.). Tenant(s) may not damage the physical structure or any appliance within the property. DO NOT CLEAN REFRIGERATOR FREEZERS WITH ICE PICKS!! If damages occur, tenant(s) agree to pay for all damages to any area of the residence or building made by themselves, their family, their visitors, and anyone damaging i:he property. Tenant(s) agree not to disturb other residents or neighbors of the property. 8) APPLIANCES: Tenant(s) understand that the appliances are the property of the landlord. tenant(s) agree that they are not permitted to remove any appliance from the property. If the tenant(s) removes any appliance, they will be prosecuted to the full extent of the law. The following appliances which are the property of the landlord are presently in the property: APPLIANCE MAKE & MODEL SERIAL NUMBER Refrigerator Range Microwave Dishwasher (Other): Initials: j, yV-: Date: L Page 4 9) UTILITIES: Landlord and tenant(s) are responsible to pay the following utility bills and maintenance for the residence as marked with an "x" in the blank: UTILITY SERVICE LANDLORD TENANTS Heat to be paid by Hot water to be paid by Electricity to be paid by )C Gas To be paid by Water to be paid by Sewer to be paid by Trash to be paid by `: Cable TV to be paid by Telephone to be paid by Snow removal done or paid by Lawn care done or paid by Tenant(s) agree to pay all utility bills for which they are responsible WHEN DUE. Landlord has no responsibility for providing any utilities that are to be paid by the tenant(s). If the tenant(s) are responsible to provide the heat, the premises must be kept above fifty-five (55) degrees to avoid damages to the premises. The tenant(s) that are responsible for the heat MAY NOT turn it off for any reason during the winter months of this lease. The landlord has the right to temporarily stop the service of electricity, water, or gas in the event of an accident or the need for a repair. Landlord will be responsible for the general maintenance of all plumbing, electrical, and heating systems and will make all repairs to these systems. If the repairs are necessary because of an improper action by the tenant(s), Tenant(s) will be charged for the repairs and/or replacement of the system(s) the tenant(s) have damaged. Landlord has no liability for failure to supply heat, air conditioning, hot water, or other services or utilities when it is beyond his control or during the time the services are being repaired. If the landlord provides and pays for heat, and windows or doors are found open during the period when the heating system is turned on, the tenant(s) will be charged fifty dollars ( $50.00 ) per occurrence. If the landlord must take care of the maintenance (Lawn care or Snow removal) that is identified as the responsibility of the tenant(s), Tenant(s) agree to pay the landlord or the landlord's maintenance staff at the rate of $32.50 per hour for the work completed by landlord for the tenant(s). If tenant(s) do not make the landlord aware of leaks and utility bills that are the landlord's responsibility are higher due to tenant(s) negligence, the difference in the average usage and the higher bill will be passed on to the tenant(s). 10) RIGHT OF ENTRY: Landlord or anyone allowed by the landlord has the right to enter the property at reasonable times for the following reasons: • Inspection of the property, • Making repairs or alterations, • Enforcing the lease, • Showing the property to future tenants or buyers, or • Verifying that all policies and rules set forth in this lease are being followed. If you call for service or schedule an appointment with the staff and do not allow for proper access to make these requested repairs, you will be charged for the service call. 11) DAMAGE BY FIRE OR OTHER CASUALTY: If the property is damaged by fire or other mishap, the landlord will repair the damages within a reasonable amount of time. Rent will continue unless the damage makes the property unlivable. If the property is unlivable for no more than thirty (30) days, and reasonable living quarters are provided to the tenant(s) by landlord or any charitable organization, their will be no change to the lease and the tenant(s) will continue to pay rent as agreed. If the property is unlivable for more than thirty (30) days, tenant(s) may move out and end the lease after payment of all rent Initials:;"v Date: / _ .d- Page 5 and other charges due up to the date of surrender. If just a portion of the property is unlivable, the tenant(s) have the right to continue the lease and pay a prorated amount agreed to by the landlord and tenant(s) of the monthly rent until the property is repaired. This amourit must be agreed to, in writing, by the landlord and the tenant(s). 12) LEAD PAINT DISCLOSURE: If the property was built bei,'ore 1978, the following is the Lead Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built before 1978 must give the tenant(s) an EPA pamphlet titled Protect Your Family From Lead in Your Home. The landlord also must tell the tenant(s) and Broker for landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the property being rented. Landlord must tell the Tenant(s) how the Landlord know that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any landlord of a pre-1978 structure must also give the tenant any records and reports that the landlord has or can get about lead-based paint hazards in or around the property being rented, the common areas, or other dwellings in multi-family housing. The Act does not apply to housing built in 1978 or later. Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of know lead-based paint and lead-based paint hazards in the dwelling. Tenant(s) must also receive a federally approved pamphlet on lead poisoning prevention. A. Landlord initial one: Landlord does not know of any lead-based paint or lead-based padnt hazards (dangers) on the property. OR Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the property. Landlord must explain what landlord knows about the lead-based paint and hazards, including how Landlord learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give tenant(s) any other information landlord has about the lead-based paint and lead-based paint hazards. B. Landlord initial one: Landlord has no reports or records about lead-based paint or lead-based paint hazards at the property: OR Landlord has given tenant(s) all available records, and reports about lead-based paint or lead-based paint hazards at the property. List records and reports: C. Tenant(s) initial all that are true: Tenant(s) received the pamphlet Protect Your Family From Lead in Your Home Tenant(s) read the information landlord gave in paragraph (A) and (B) above. Tenant(s) received all records and reports that landlord listed in paragraph (B) above. D. Landlord and tenant(s) certify, by signing this Lease, that the information given is true to the best of their knowledge. Initials: Date: `j Page 6 13) LIEN SUBORDINATION: This lease is subject to any lien placed on any part of the property managed by the landlord. The tenant(s) rights are subordinate to the lien holder. 14) SALE OF THE PROPERTY: If property is sold, on the date of settlement, landlord will give tenant(s) in writing: (a) The name, address, and phone number of the new landlord. (b) Where rent is to be paid. (c) Tenant(s) understand that landlord will have no duties regarding this Lease after the property has been sold. (d) Landlord agrees to require any new landlord, as a condition of sale, to take on landlord's duties under this Lease and to honor them. 15) INSURANCE: Tenant(s) agree to provide their own renter's insurance for protection against loss and liability. Tenant(s) also agree that the landlord is not liable for property damage or personal injury occurring in the residence or anywhere on the property. Tenant(s) are not covered by the policy held by the landlord. The only exception to this rule is when the personal injury is caused by a direct act or negligence of the landlord. 16) PETS: No pets are allowed on the property even temporarily, unless marked with an "x" in the "yes" column at the end of this paragraph. Any tenant(s) found with a pet in their residence will be fined fifty (50) dollars per occurrence. Paying this fee does not allow the pet to be kept in the premises. There will be a pet addendum added to this lease for all permitted pets. Pet Addendum yes no 17) WAIVER OF NOTICE TO QUIT: Tenant(s) agree to waive the usual notice to quit and agree to surrender possession of the premises at the end of the lease. Tenant(s) also specifically waive the right to a thirty (30) day notice of vacating the premises, and agree that an immediate notice is acceptable: if any action by the landlord to recover possession of the property is taken due to forfeit, non-payment of rent, or any other reason for default. 18) BREAKING THE LEASE (default): Tenant(s) have broken the lease if they- : • Fail to pay rent when it is due, or • Fail to pay the landlord any other fee when it is due, or • Fail to keep all provisions or regulations spelled out in this lease (paragraph 1-23), or • Fail to follow the Rules and Regulations listed after the lease agreement, or • Break any local, state, or federal law while residing at the property. 19) LANDLORD'S REMEDIES: If tenant(s) break the lease, the landlord may: • End the lease. Landlord will give tenant(s) a twenty four (24) hour written notice of eviction before starting any legal action. • Demand payment in full of past due rent, plus any late fees, plus rent due for the rest of the lease or until such time as the property is re-rented, plus damages, plus filing fees, plus any other fee due to the Landlord. • Sue the Tenant(s) for any additional damages, costs, expenses, and attorney's fees. • Have the courts take any property owned by the Tenant(s) and sell it to recover any unpaid debts owed to the landlord. NOTE: The landlord agrees to make reasonable efforts to reduce any damages by attempting to release the property- Initials: . ??' Date: Page 7 20) JOINT AND SEVERAL LIABILITY: Tenant(s) agree and understand that by signing this lease agreement, each and every tenant is equally and fully responsible to follow each and every provision and regulation in this lease. Also, the landlord may selectively and inconsistently enforce any part of or the entire lease against any tenant individually or against any combination of tenants together. 21) NON-WAIVER OF REMEDIES: Tenant(s) agree that if landlord accepts rent or any other charges after they are due, or if landlord does not insist on strict enforcement of any other terms of this lease, this will not be considered a waiver of the right to enforce each term or condition of this lease strictly in the future. Landlord has the right to enforce or waive remedies inconsistently without establishing future policy. 22) SMOKING DAMAGES: Smoking is permitted in apartments. However, tenant(s) understand and agree that any damage caused or related to cigarette, pipe, or cigar smoking, or any tobacco product shall not constitute normal wear and tear. Tenant(s) are responsible for any and all damages and/or costs for the cleaning or repairing of any damage cause by ar related to tobacco products. This includes but is not limited to deodorizing the apartment, sealing and painting the walls and ceiling, and repairing or replacing the carpets and pads. 23) GENERAL: No oral / spoken promises, representations, or agreements have been made by the landlord or any of the landlord's representatives. This lease is the entire agreement between the landlord and tenant- Any representatives (including management, maintenance, or other personnel) do not have the authority to make promises, representations, or agreements which impose duties unless done so in writing. I have read and understand this lease agreement. Tenant(s) Date Witness(s) i (24 Cam' ! C r Ca- . r- `t LANDLORD(S) SIGNATURE: Initials: '.:`or't ?•Ya ?(.? „t:a:zvd Date: y` -? -d Page 8 REGULATIONS No dog, cat, other pet or animal of any kind will be brought, permitted or kept in the premises or elsewhere on the Landlord's property except as noted on the pet addendum. 2. Tenant(s), members of his (their) family and his (their) visitors will not at any time make any noise, do anything, or conduct themselves in any way which unreasonably disturbs any other tenant(s) or neighbor(s) or unreasonably interferes with the rights, comfort, or conveniences of any other tenant(s) or neighbor(s). Musical or sound reproducing instruments or singing within the property must not be able to be heard outside of the property- between I I o'clock each night and 9 o'clock the following morning. No tenant(s) shall place or permit to be placed or maintained any sign or advertising matter or device or any roof aerial or other structure in any window of the premises or elsewhere in or upon the landlord's property. Damage to storm doors and windows due to negligence by tenant tenant's family or guests, will be the responsibility of the tenant(s). 4. No tenant(s) shall hang pictures on the walls with any type of sticky adhesive. All pictures must be hung with the smallest possible nail or pin and this nail or pin hole must be filled in after the tenant(s) vacate the premises. Any and all damage to the walls will be the responsibility of the tenant(s). Tenant(s) will use plumbing and electrical installations only for their intended purposes, will clean any stoppages and waste water lines, and will repair any damage caused by the neglect of the tenant(s). 6. Tenant(s) agree(s) that the landlord may reasonably change these regulations from time to time as may be required to protect the apartment or owner's other property or add to tenant's enjoyment of the unit. 7. Tenant(s) are allowed only parking space(s) in apartment parking lot. Multiple unit buildings where there are a limited number of parking spaces shall be on a first serve basis. Washer/dryer will be permitted to be kept or used at premises: yes no Dishwasher will be permitted to be kept or used at premises: yes_ no,, 9. Trash removal on the exterior of the building shall be the responsibility of ALL tenant(s). At any time which the Landlord deems appropriate, an inspection may be made of the exterior of the building. If two (2) or more of any of the following items are found on the exterior, EACH tenant will be assessed a charge of $5.00 per item which must be included in the following months rental payment. These items include but are not limited to: bottles, cans, plastic cups, boxes, trash bags and any other item which would reasonably be considered rubbish or trash. This clause is in effect for this leased premises: yesX no 10. It is the tenant's responsibility to maintain all fire extinguishers and smoke detectors in good working condition at all times during the term of this lease. This means that you as the tenant(s) must replace smoke detector batteries when they no longer work and must have fire extinguishers refilled if they have been extinguished due to a negligent act of you the tenant(s) . Failure to maintain these systems as required in this paragraph will result in a $50.00 fine each Initials: VA,? _ Date: j ?, ?Cw nl Page 9 time this happens. It is the landlord's responsibility to make sure that all smoke detectors and fire extinguishers are in proper working order before you move into the property. PLEASE MAKE SURE THAT YOU HAVE SMOKE DETECTORS AND FIRE EXTINGUISHERS IN YOUR RESIDENCE WHEN YOU MOVE IN. IF YOU DO NOT HAVE EITHER OF THESE ITEMS, PLEASE CONTACT THE OFFICE IMMEDIATELY. YOU MUST CHECK ALL SMOKE DETECTORS AND FIRE EXTINGUISHERS REGULARLY. THEY ARE FOR YOUR SAFETY! 11. Tenant(s) will be provided 1 phone line and 1 cable outlet, unless otherwise noted, in each residence. If other lines are present, but not working, the landlord has no obligation to provide you with more than one line for each service. If tenant(s)wish to :have additional lines, it will be at their own expense. In addition, no tenant(s) may contract an outside service ( for example: call the cable company / telephone company- / electric company for an extra connection to be run into the building) without the prior written consent of the landlord. If This service is provided and damages are caused to the building by the outside service, all repairs that must be made to fix this damage will be the responsibility of the tenant(s). 12. Landlord does not provide lock out service. If tenant(s) have locked themselves out of the apartment or lost their keys, it is their responsibility to contact one of the locksmiths that are provided in the utility company information at the end of this lease to regain access. You may be asked to provide proof of residence. If the locks are changed, ;you must get Landlord's permission and immediately forward a copy of the new key. LEASE RIDERS. Cleaning and Repair Charges MOVE-OUT COST SCHEDULE If prior to moving out you do not clean the items listed below and leave them in satisfactory working order, the following charges will be deducted from your security deposit or owed to us if your security deposit is insufficient to cover the charges. You will be charged the listed amount for each instance in which a listed item must be cleaned or repaired. The prices given for the items listed below are average prices only. If Landlord incurs a higher cost for cleaning or repairing an item, you will be responsible for paying the higher cost. Please note that this is not an all-inclusive list; you can be charged for cleaning or repairing items that are not on the list. Kitchen Cleaning Oven Drip pans Stove and vent-a-hood Refrigerator/Freezer Dishwasher Cabinets and countertops Bathroom Cleaning Shower doors Toilet(s) V Initials: t% . $ 30.00 $ 10.00 $ 10.00 $ 50.00 $ 10.00 $ 30.00 $ 15.00 $ 25.00 Date: A"' C _.z.? Page 10 Tub/Shower(s) Sinks/Countertops/Cabinets $ 30.00 $ 35.00 Miscellaneous Windows Window coverings (drapes, blinds) Carpet cleaning Carpet repairs Furniture removal Trash removal Wallpaper removal Painting Tile floors Holes in wall(s) $ 25.00 $ 50.00 $200.00 $100.00 $125.00 $100.00 $150.00 $350.00 $ 25.00 $ 75.00 REPLACEMENT CHARGES If any items are missing or damaged to the point that they must be replaced when you move out, you will be charged for the current cost of the items, plus labor and service charges. A representative list of replacement charges is provided on the next page. These are average prices. If it costs the Landlord more to replace an item, you will be responsible for paying the higher price. Please note that this is not an all-inclusive list; you can be charged for the replacement of items that are not on the list. Window glass $150.00 Window screens $ 35.00 Mailbox keys (lost or not returned) $ 25.00 Fire extinguisher (1-1/2 lb. Size) $ 35.00 Crisper covers $ 15.00 Disposal $ 95.00 Doors $100.00 Light fixtures $ 50.00 Patio glass doors $ 150.00 Patio screens $ 100.00 Door keys (lost or not returned) $ 45.00 Ice trays $ 3.00 Refrigerator shelves & racks $ 30.00 Mirrors (bath) $ 60.00 Countertops $250.00 Light bulbs $ 1.00 MILITARY ADDENDUM MILITARY CLAUSE: In the event the Landlord or Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Landlord receives permanent change of station orders to return to, or Tenant receives permanent change of station orders to depart from, the area where the premises are located, or if either party is relieved from active duty, or if the Tenant is assigned government quarters then in any of these events such party may terminate this lease upon giving at least I (one) month's written notice to the other party which notice shall have attached a copy of official orders or a letter signed by the party's commander reflecting the change which warrants termination under this clause. Initials: Date: Page II INFORMATION SHEET Sterling Property Management Inc. 21 South Pitt Street Suitt; # 1 Carlisle, PA 17013 OFFICE: (717)258-5800 MAINTENANCE: (717)258-5800 EMERGENCY PAGERS: (717)241-3318 & 241-3320 ROY DAUGHERTY, LEASING COORDINATOR: cell:(717)574-4139 Make Rent checks payable to: Initials: '?? Date: '??.. Page 12 UTILITY COMPANIES & OTHER HELPFUL NUMBERS YOU HAVE 2 DAYS TO CHANGE THE UTILITIES YOU ARE RESPONSIBLE FOR INTO YOUR NAME BEFORE THEY ARE TURNED OFF. ALSO, PLEASE NOTE WHEN YOU HAVE THE GAS TURNED ON, MAKE SURE THE GAS COMPANY CHECKS THAT THE PILOT LIGHTS ARE LIT AND WORKING PROPERLY. CARLISLE ELECTRIC - P.P. & L. - 1-800-342-5775 WATER - CARLISLE BOROUGH OFFICE - 717-249-4422 SEWER - CARLISLE BOROUGH - 717-249-4422 CABLE - COMCAST - 717-243-4918 TELEPHONE - SPRINT - 1-800-366-8204 U.G.I.GAS - 1-800-276-2722 LOCKSMITH - HILTONS LOCKSERVICE - 717-243-9475 SHIPPENSBURG ELECTRIC - G.P.U. - 1-800-545-7741 WATER - SHIPPENSBURG BOROUGH - 717-532-2527 SEWER - CFJMA- CUMBERLAND FRANKLIN JOINT MUNICIPAL AUTHORITY 717-532-6949 TELEPHONE - SPRINT - 1-800-366-8204 CABLE - COMCAST - 1-800-222-1813 P.P.L. GAS - 1-800-846-1511 LOCKSMITH - HILTONS LOCKSERVICE - 717-243-9475 HARRISBURG P.P. &L. ELECTRIC -1-800-DIAL-PPL 1-800-342-5775 VERIZON - 1-800-660-7111 U. G.I. GAS - 1-800-276-2722 COMCAST CABLE TV - 1-800-222-1813 LOCKSMITH - FASTIC LOCKS - 717-545-6838 LEWISBERRY / ETTERS GPU ENERGY - 1-800-545-7741 COMMONWEALTH TELEPHONE - 1-800-343-8574 BLUE RIDGE TV CABLE - 717-938-6501 LOCKSMITH - FASTIC LOCKS - 717-545-6838 Initials: ?'?? Date: ??-? .J FREEHOLD ENTERPRISES C/O STERLING PROPERTY MGMT. 21 S. PITT ST. STE. # 1 CARLISLE, PA 17013 717-258-5800 8/12/2004 VERONICA WHITNEY 165 WEST NORTH STREET CARLISLE, PA 17013 EVICTION NOTICE AMOUNT PAST DUE $71.52 THIS LETTER IS TO SERVE AS YOUR FORMAL EVICTION NOTICE. YOU MUST VACATE T"F PRFN!rSFS IMNI TE IATFLY! IF VOU FAIL TO COMPLY, WE WILL FILE A LANDLORD TENANT COMPLAINT WITH THE DISTRICT JUSTICE TO HAVE YOU REMOVED FROM THE PREMISES. IF WE HAVE TO FILE WITH THE DISTRICT JUSTICE YOU WILL BE RESPONSIBLE FOR ALL COURT COSTS. THIS ACTION IS BEING TAKEN FOR THE FOLLOWING: REASONS FOR EVICTION (X ALL THAT APPL : FAILURE TO PAY RENT--SEE BELOW DAMAGES TO THE PROPERTY FAILURE TO FOLLOW LEASE WOR RU LES & REGS OTHER 6as-sp-rufra non: - DATE TRANSACTION AMOUNT BALANCE 05/31/2004 Balance forward 67.52 06/01/2004 INV #3944 - MONTHLY RENT 615.00 682.52 06/02/2004 PMT #MO - 227 - WHITNEY -84.00 598.52 06/04/2004 PMT #045484 - WHITNEY -531.00 67.52 07/01/2004 INV #4098 - MONTHLY RENT 615.00 682.52 07/06/2004 PMT #045810 - WHITNEY - HUD -531.00 151.52 07/07/2004 PMT #CASH - WHITNEY -84.00 67.52 08/01/2004 INV #4320 - MONTHLY RENT 615.00 682.52 08/04/2004 PMT #046071 - WHITNEY -531.00 151.52 08/10/2004 PMT #CASH - WHITNEY -80.00 71.52 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS AMOUNT DUE DUE DUE DUE PAST DUE ?' ? r- ?- a - =, ;?, -. ., ? ?.? ? ? ; __, ?, FREEHOLD ENTERPRISES, Plaintiff V. VERONICA WHITNEY, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LANDLORD/TENANT CIVIL TERM - 04-6075 ANSWER, NEW MATTER, AND COUNTERCLAIMS To: FREEHOLD ENTERPRISES You are hereby notified to file a written response to the enclosed Answer, New Matter, and Counterclaims within twenty (20) days from service hereof or a judgment May be entered against you. Geoffrey M. iringer, Esquire MidPenn Legal Services Attorneys for Defendant 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Sup.Ct. ID# 18040 FREEHOLD ENTERPRISES, Plaintiff V. VERONICA WHITNEY, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LANDLORD/TENANT :CIVIL TERM - 04-6075 ANSWER, NEW MATTER,AND COUNTERCLAIMS ANSWER Defendant, by her attorneys MidPenn Legal Services and Geoffrey M. Biringer, hereby sets forth as follows: 1. Admitted. 2. Admitted. 3. Defendant now resides at 149 W. Eighth Street, Carlisle, PA 17013. 4. Denied. The lease went into effect sometime in November,2003 (See, multiple dates on Plaintiff's Exhibit "A." 5. Admitted in part. Admitted that Defendant failed o pay her rent, but Denied that said rent was due because, as more fully set out in New Matter, and Counterclaims below, Plaintiff failed to make requested repairs to the leased premises, permitting Defendant to withhold her rent. 6. Admitted. 7. Denied. As more fully set out in New Matter and Counterclaims below, any rent that may have been due is offset by the reduced value of the leased premises in its unrepaired condition plus damages that Defendant suffered due to the condition of the premises. WHEREFORE, Defendant prays that Plaintiff s Complaint be dismissed and judgment entered for the Defendant. NEW MATTER 8. Defendant incorporates Paragraphs 1-7 herein by reference hereto. 9. Soon after her move-in, Plaintiff began to experience problems with he leased premises. 10. These problems included, but were not limited to, the following: a. Faulty stove and inoperative oven leaking gas and causing high gas bills and an unsafe environment for Defendant and her family. b. Inconsistent heat in the leased premises, with the back portion of the house receiving no heat, causing discomfort and health problems for herself and her children. c. Water leaks throughout the plumbing system, causing damage to property and high water bills. 11. Defendant notified the Plaintiff of these problems, but the only response came at the end of the lease to service and/or replace the stove. 12. Defendant moved out of the leased premises on or about November 3, 2004. COUNTERCLAIMS L BREACH OF IMPLIED WARRANTY OF HABITABILITY 13. Paragraphs 1-12 are incorporated herein by reference hereto. 14 . Plaintiff breached the implied warranty of habitability as to the Defendant by failing, after notice thereof, to make timely repairs to Defendant's stove, plumbing system, and heating system. 15. As a result of these breaches, Defendant was without cooking facilities for herself and her children; attempted to pay exorbitant gas bills caused by the oven leaks, but suffered the termination of her gas service due to these high bills; incurred high water bills due to leaks in the system; and suffered inconsistent heat in most of the house and no heat in the back portion of the house. 16. Due to these breaches of the implied warranty of habitability, the leased premises were worth no more than Three Hundred Fifty Dollars ($350) per month, not the contract rent of Six Hundred Fifteen Dollars ($615) Dollars per month. 17. As a result, Plaintiff overpaid her rent in the amount of Two Hundred Sixty- Five Dollars ($265) per month for a period of eleven (11) months, for a total overpayment of Two Thousand Nine Hundred and Fifteen Dollars ($2,915). WHEREFORE, Plaintiff prays that judgment be entered in her favor and against Plaintiff in the amount of $2,915, said amount being within the amount subject to compulsory arbitration. II - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 18. Paragraphs 1-17 are incorporated herein by reference hereto. 19. Plaintiff, by leasing premises to Defendant which Plaintiff knew to be defective, and by failing to repair said premises upon the repeated complaints of Defendant, violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law in the following respects: a. leading Defendant to believe that the premises met local and/or national building codes, when in fact, it did not. 73 P.S. §201-2(4)(ii)(iii)(v)(vii) b. advising Defendant that the repair of the stove was her responsibility when it was not. 73 P.S. §201-2(4)(xxi) 16. As a result of Plaintiff's deceptive conduct Defendant and her children suffered through water leaks, inconsistent and no heat, and lack of adequate cooking facilities. 17. Said conduct was egregious and entitles Dfeendant to treble damages, as a multiplier for her actual damages of $2,915 as set out in Count I above. WHEREFORE, Defendant prays that judgment be entered in her favor and against the Plaintiff in the total amount of Eight Thousand Seven Hundred and Forty- Five Dollars ($8,745), said amount being within the amount subject to compulsory arbitration. Date: Respectfully submitted, MIDPENN LEGAL SERVICES 1 " By. Geoffrey M. Biringer Supreme Court ID# 18040 8 Irvine Row, Carlisle, PA (717)243-9400 VERIFICATION The above-named Defendant, Veronica Whitney, verifies that the statements made in the above Answer, New Matter, and Counterclaims are true and correct. The Defendant understands that false statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unworn falsification to authorities. Date: IVU6AO Veronica Whitney, Defendant FREEHOLD ENTERPRISES, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LANDLORD/TENANT VERONICA WHITNEY, :CIVIL TERM - 04-6075 Defendant AFFIDAVIT OF SERVICE I, Geoffrey M. Biringer, attorney for Defendant, hereby state that service of the Answer, New Matter, and Counterclaims was made on the Plaintiff herein named by regular U.S. Mail, postage prepaid, in accordance with Pa.R.C.P.No.440 to the following address on f e Cl / F ,1;?,' , 2005: William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 MAR 0 4 200; ? VERONICA WHITNEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LANDLORD/TENANT 3-1 0 FREEHOLD ENTERPRISES, : CIVIL TERM-04-6074 Defendant FREEHOLD ENTERPRISES, Plaintiff V. VERONICA WHITNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LANDLORD/TENANT CIVIL TERM-04-6075 ? ORDER OF COURT AND NOW this &day of 2005, upon motion of the Plaintiff (04- 6074) it is hereby ordered that the two above-captioned cases be consolidated. *h" J. / '6e tw5 VERONICA WHITNEY, Plaintiff V. FREEHOLD ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LANDLORD/TENANT CIVIL TERM-04-6074 FREEHOLD ENTERPRISES, Plaintiff V. VERONICA WHITNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LANDLORD/TENANT CIVIL TERM-04-6075 MOTION FOR CONSOLIDATION PURSUANT TO PA.R.C.P. 213 Plaintiff, Veronica Whitney, hereby moves that the two above-captioned cases be consolidated and alleges that: 1. Both cases arise from the same occurrence, namely a landlord/tenant relationship at 165 W. North Street, Carlisle, Pennsylvania, 17013 from November 2003 until November 2004. 2. Defendant, Freehold Enterprises, concurs in this motion. 'Geoffrey M. Biringer Attorney for Veronica Whitney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Sup.Ct. ID # 18040 VERONICA WHITNEY, Plaintiff V. FREEHOLD ENTERPRISES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LANDLORD/TENANT CIVIL TERM-04-6074 FREEHOLD ENTERPRISES, Plaintiff V. VERONICA WHITNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LANDLORD/TENANT CIVIL TERM-04-6075 AFFIDAVIT OF SERVICE I, Geoffrey M. Biringer, do hereby swear that I served Defendant's counsel, William A. Duncan, with the enclosed Motion for Consolidation, via first class mail at his place of business, 1 Irvine Row, Carlisle, PA 17013 on March 3, 2005. Geoffrey M. Biringer Q Attorney for Veronica Whitney MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Sup.Ct. ID # 18040 M1? i l [j If -? ? .:% C.: ?.. L`? t? ?1 Curtis R. Long Prothonotary VfiCE of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 014 - 1 07,9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573