HomeMy WebLinkAbout05-1316HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
vs.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. ACTION --
No. (J5- 13/!o &,(,W
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this
Complaint and notice are served by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THLS 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.
Carlisle, Pennsylvania 17013
71-7 - z Y9-31CC
Thomas E. Martin, Jr., pro and a ttc
Helen E. Martin
P.O.Box 392
Kennett Square, Pennsylvania 19348
(610) 444 0285
Supreme Court Identification No. 16055
for
RESIDENTIAL LEASE LR
Pm,vvh,"ue Aa mfio ofREALT MwOAR).
LANDLORD'S BUSINESS ATIONSH H PA LIfCENSED BROKER
BROKER (Co party) L J _ PHONE ??
AGENT FAX .? .?- fJ •'LCn
ADDRESS
Designated Agent(%) for Landlord, if applies
OR
Broker is NOT the Agent for Landlord and Is at": ? AGENT FOR TENANT ? TRANSAMION LICENSEE
TENANT'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) _ PHONE
AGENT _ FAX
ADDRESS
Designated Agent(s) for Tenant, if applicable:
OR
Broker is NOT the Agent for Tenant and is Wan: ? AGENT FOR LANDLORD ? SUBAGENT FOR LANDLORD ? TRANSACTION LICENSEE
When the same broker Is Broker for Landlord and Broker for Temnl, Brakes b a Dual Agent AN of Broker's tlcemem are aim Dual Agents UNLESS there
are separate Designated Agents for Landlord and Duane. R the some Lkeoree is designated for landlord and Tensor, the Licensee E a Dual Agent
Broker(s) may perform services to assist anrepusented parties In complying with the terms of tab Lease.
1 1. This LEASE, dated is between 1
2 LANDLORDS 2
3 called "Landlord," and 3
4 TENANT(S) 4
5 called "Tenant," s
a for the Property located I7LLf3' 6
r t.,c?_/.r called "Property" r
s 'tach Tenant is individually response for all L gallons of th Lease, including rent, late fees, damages and other costs. e
9 2. CO-SIGNERS a
fo Co-signers: 16
11 It
12 Each Co-signer is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs. 12
13 Co-signers do not have the right to occupy the Propetty as a Tenant without the Landlord's prior written permission. 13
14 3. LANDLORD CONTACT INFORMATION 10
15 MLIaiRimu Rg118t+ 15
16 Payable to: . Contact: is
17 Address: Q .7a7 Address: _
gffdfrg? 1r
14101,17,1) 1 77 /•1.? / yJVT 16
19 pr4-Phone:6in _ ax: Phone: f/- Fax: is
?????^^"- G•o- ?9-asta
FYA4 J G/U- F/,jt- po 9'7 RENTAL TERM
2a 4. START AND END DATES OF LEASE (also called "rem") 20
21 (A) Start Date: ?..V, cZoyi 4 , at a_ a.m. 21
22 (B) End Date: ?, D ...2 (mod! at /,_ a.m. .m 22
23 5. RENEWAL TERM (check one) 23
24 11 This Lease will AUTOMATICALLY RENEW for a term of _ ??,®,dL (also called the 24
25 "Renewal Term") at the End Date of this Lease or at the end of y Renewal Term unless: 25
26 1. Tenant gives Landlord at least G'? days written notice before End Date or before the end ofany RcrlewalTerm, OR a
27 2. Landlord gives Tenant at least C days written notice before End Date or before the end of any Renewal Term. 22
20 ? This Lease will TERMINATE on the End Date unless extended in writing. 26
RENT AND DEPOSI
29 6. RENT
d- 29
30
31 (A) .
Rent is due in advance, without demand, on or before the da of each month.
fj°
r
~ 30
32 (B)
C The total Rent due each month is:
^,•,". /Tsa
/..y!d??.,JfA,fisr ....1
,(.SDQ ................$I y+ut31
Th
l
R
d
'
(
) e tota
amount of
ent
ue du nrf g the Tenn is: ...................
$ vo. V 32
33 (D) If Rent is more than _y,t;' days late, Tenant pays a Late Charge of CA.Id .............................. 33
34 (E) All other payments due from Tenant to Landlord, including Late Charges or utility charges, are considered t e Additional 34
35 Rent. Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent. 35
38 (F) Tenant agrees that all payments will be applied against outstanding Additional Rent thot is due before they will be applied 36
37 against the current Rent due. /" l 37
38 (G) Tenant will pay a fee of $ for any payment that is returned by any financial institution for any reason. Any
910, 36
39
40
(H) Late Charges will continue to apply until a valid payment is received. y
Landlord will acce
t the followin
methods of
a
ment: ? C
h A M
O
d
l Ch
k
-- 39
40
p
g
p
y
as
oney
r
l( Persona
er
ec
41 ? Credit Cards ? Other: ? Other: 41
42 7.. PAY MENT SCHEDULE Due Date Paid Due 42
43 (A) Security Deposit, held in escrow by:? $ / -O. $ 43
a Held at (financial institution): 44
45 (B) First month's rent: $ $ 45
4a (C) OtherJnAA .)Lrf ld, p J9 O dJ' 9 ?d rAp ? $ $ 4s
47 (D) Other
$ $ 47
48
49 _
Total Rent and security deposit received to date:.. ........................................ .....
7
r 46
Total amount due
o 49
50 Tenant Initials: LR Page 1 of 4 La' ndlord Initlala>S
® PIN
REAL Ia)IYMW aafOClaUOa of COPYRIGHT PENNSVLVANIAASSOCIATION DFREAL 2003
R I
11/03
TORS^
t
/
51 g, RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) 51
s2 (A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mail- 52
s3 ing address where Landlord can return the Security Deposit. 53
54 (D) Within 30 days after Tenant moves from the Property, Landlord will give 'tenant a written list of any damage to the 54
55 Property that Landlord claims Tenant is responsible for. 55
56 (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit 56
67 will be returned to Tenant within 30 days after Tenant moves from the Property. 57
58 9.
59
60
61
62
93 10.
64
65
6s
6T
66
69
ro
71
lt.
72
73
74
75
76
ti
ra
79
12.
80
at
82
83 13.
84
as
se
97
sa 14.
99
90
91
92
93
94
95
96
9r
88
99
100
lei
102
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105
196 15.
mr
109
109
Ila
111
112
111
114
Is
116
ttr
118
119
120
121
122
CARE AND USE OF PROPERTY
USE OF PROPERTY AND AUTHORIZED OCCUPANTS
(A) Tenant will use Property as a residence ONLY.
(B) Not more than ,?,pypPic will live on Property. List all other occupants who are not listed as Tenants in
paragraph 1: ._ e _, ..r s L• kr a ... _ _ i?-Q
(A) Tenant may move in (take possession of the Property) on the Start Date of this Lease.
(B) If Tenant cannot move in within days after Start Date because the previous tenant is still there or because of
property damage, Tenant's exclusive rights are to:
1. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property
is available; OR
2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the
part of Landlord or Tenant.
LANDLORD'S RIGHT TO ENTER
(A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair,
or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or
Landlord's representative, or they have written permission from the Landlord.
(B) When possible, Landlord will give Tenant_,2
_,/ _ hours notice of the date, time, and reason for the visit.
(C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was
there and why within 24 hours of the visit.
(D) Landlord may put up For Sale or For Rent signs on or near Property.
CONDITION OF PROPERTY AT MOVE IN
Tenant has inspected the property and agrees to accept the Property "as-is," except for the following:
APPLIANCES INCLUDED l if Stove 0 Refrigerator AZ Dishwasher ? Washer ? Dryer ?lif Garbage Disposal ? Microwave
3'd Air Conditioning ?Other _ ?Other
Landlord is responsible for repairs to appliances listed above unless otherwise stated here:
UTILITIES AND SERVICES
Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. If a serv-
ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not respon-
sible for loss of service if interrupted by circumstances beyond the Landlord's control,
56
59
60
61
62
63
64
65
66
07
fib
69
70
]1
72
73
74
)5
76
rr
78
79
e9
at
82
63
84
as
86
ar
89
99
90
91
Landlord Tenant Landlord Tenant 92
Pays pa s pays pays
? WCooking Gas ;W K Air Conditioning 93
s4
? Electricity
.
? )Q Cable Television as
?
//?
? Rest, O^"" ? ? Condominium Fee 9e
? X11m Water ? ? Parking Fee 9r
CHI ? Cold Water ? ? Maintenance of Common Areas as
? WTrash Removal ? ? Pest/Rodent Control 99
? Sewage Fees -N Snow/Ice Removal 100
? ? Sewer Maintenance ? X Telephone Service, lot
-V Lawn and Shrubbery Care ? .N IAX4r ? 102
? ? Heater Maintenance Contract ? ? f 103
Comments: 104
105
TENANT'S CARE OF PROPERTY 106
(A) Tenant will: 107
1. Keep the Property clean and safe. IN
2. Dispose of all trash, garbage and any other waste materials as required by Landlord and the law. In
3. Use care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the 110
Property, including any elevators, 111
4. Tell Landlord immediately of any repairs needed and of any potentially harmful health or environmental conditions. 112
5. Obey all laws. 113
(B) Tenant will not: 114
1. Keep any flammable, hazardous and/or explosive materials on the Property. 115
2. Destroy, damage or deface any part of the Property or common areas. 116
3. Disturb the peace and quiet of other tenants or neighbors. 117
4. Make changes to the property, such as painting or remodeling, without the wri ften permission of Landlord. Tenant 11a
agrees that any changes or improvements made will belong to the Landlord. 119
5. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any. 120
(C) Tenant is solely responsible to pay the costs for repairing any damage that is the fault of Tenant or Tenant's family or 121
guests. 122
123 Tenant Initials: & LR Page 2 of 4 Landlord Inltials
r
124 16.
125 SUBLEASING AND TRANSFER
(A) Landlord may transfer ibis Lease to another landlord. Tenant agrees that. this Lease remains the same with the new 124
125
126
127 landlord.
(B) Tenant may not transfer this Lease or sublease (rent to another person) the Property or any part of the Property without 126
127
r2a Landlord's written permission. 128
29
120 17.
130 PETS
Tenant will not keep or allow any pets on any par[ of the Property, unless checked below. 139
131 ? Tenant may keep pets with Landlord's written permission according to the terms of the attached Rules and Regulations. 131
132 18.
133 RULES AND REGULATIONS
(A) Rules and Regulations for use of the Property and common areas are attached. ? Yes ? No 102
133
134 (B) Any violation of the Rules and Regulations is a breach of this Lease. 134
135 (C) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safety, or wet- 135
136 fare of others. Landlord agrees to provide all changes to Tenant in writing. 136
137 (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. 137
138 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS 138
139 (A) Landlord has installed smoke detectors in the Property. Tenant will maintain and regularly test smoke detectors to be sure 139
140 they are in working order, and will replace smoke detector batteries as needed. 140
141 (B) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. 141
142 (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of 142
143 any broken or malfunctioning smoke detectors is a breach of this Lease. 143
144 (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these 144
145 systems is stated in the Rules and Regulations, if any. 145
14e (B) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems. 146
147 20. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 147
140 Q Property was built in or after 1978. This paragraph does not apply. 14e
149 g Property was built before 1978. Landlord and Tenant must provide information in this paragraph. 149
150 (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: 150
151 Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on die Property. Landlord Ism
1s2 must explain what Landlord knows about the lead-based paint and hazards, including how Landlord learned that it 1s2
153 where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any
is them is3
,
other information Landlord has about the lead-based paint and lead-based paint hazards. 154
154
155 (B) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless stat- 155
1ss
157 ed below:
_ Landlord has given Tenant all available records and reports about lead based paint or lead-based paint hazards on 156
157
In the Property. List records and reports: 1ss
159 159
160 (C) Tenant initial all that are true: 160
161 -?4-Tenant has received the pamphlet Protect Your Family From Lead in Tour Home. 161
162 Tenant has read the information given by Landlord in paragraph 20 (XI and (B) above. 162
163 Tenant has received all records and reports that Landlord listed in paragraph 20 (B) above. 163
184 (D) Landlord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge. 164
16s 21: DESTRUCTION OF PROPERTY 165
166 (A) Tenant will notify Landlord or Landlord's agent immediately if the Property is severely damaged or destroyed by fire or 166
167 by any other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition in the Property that 167
16a could severely damage or destroy the Properly. Its
169 (B) If the Property is severely damaged or destroyed for any reason: 169
170 1. Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and 179
171 Landlord until the damages are repaired, OR 171
172 2. If the law does not allow Tenant to live on the Property, this Lease is ended. 172
173 (C) If Lease is ended, Landlord will return say unused security deposit or advanced rent to Tenant. 173
174 (D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and 174
175 Tenant will continue to pay rent, even if Tenant cannot occupy the Property. 175
176 22 . INSURANCE AND RELEASE 170
ITT (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenant's guests. Tenant is 177
era advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be 98
179 injured while on the Property. »9
IRS ? IF CHECKED, Tenant must have insurance policies providing at least I___ property insurance too
181 and $ liability insurance to protect Tenant, Tenant's property and Tenant's guests who may te1
182 be injured while on the Property. Tenant must maintain this insurance through the entire Tenn and any Renewal Term. taz
183 Tenant will provide proof of insurance upon request. 183
184 (B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on the Property. 184
105 (C) Tenant is responsible for any loss to Landlord caused by Tenard, Tenant's family or Tenant's guests, including attorney's fees. 185
•NDIN)?_G LEASE.
196 23. LANDLORD REMEDIES IF TENANT BREACHES LEASE 186
197 (A) If Tenant breaches Lease for any reason, Landlord's remedies may include any or all of the following: 187
Is$ I. Taking possession of the Property by going to court to evict Tenant. Tenant agrees to pay Landlord's legal fees and 189
Its reasonable costs, including the cost for Landlord or Landlord's agent to attend court hearings. 189
100 2. Filing a lawsuit against Tenant for rents, damages and unpaid charges, anti for rents and charges for the rest of the no
191 Lease term. If Landlord wins (gets a money judgment against Tenant), Landlord may use the court process to gar- 191
192 nish Tenant's wages and take Tenant's personal goods, furniture, motor vehicles and money in banks. 192
193 3. Keeping Tenant's Security Deposit to be applied against unpaid rent or damages, or both. t93
194 (B) It Tenant breaches Lease for any reason, Landlord can begin eviction proceedings without written notice. 194
195 TENANT WAIVES OR GIVES UPTENANT'S RIGHTTOANOTiCE TO MOVE OUT UNLESSA DIFFERENT nts
196 NOTICE PERIOD IS STATED HERE: is$
197 191
/
198 Tenant initials: 1'e _ LR Page 3 of 4 Landlord Initlajs
v? ( 11 1I
C?oC 1r r-( fl - ?.?
199 24. TENANT ENDING LEASE EARLY 199
260 Tenant may end this Lease and move out of the Property before the End Date of the Lease or any Renewal Term only with writ- zoo
201 ten permission of Landlord, and only if1: /,, 261
202 (A) Tenant gives Landlord at least NI ry days written notice, AND 292
203 (B) Tenant pays Landlord a Termination Fee of _A _, AND 263
204 (C) Tenant continues to pay all rent until the End Date of the Lease, or any Renewal Term, or until anew tenant is approved 204
265 by Landlord and a new lease takes effect, whichever happens first. 205
206 25. ABANDONMENT - 206
207 (A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right to take possession of the Properly 2o7
268 immediately and to rent die Property to another tenant. 208
209 (B) Any of Tenant's personal property or possessions remaining on the Property after Tenant moves out will be considered 209
210 to be abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any man- 2fo
211 ner determined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property. 211
212 26. SALE OF PROPERTY 212
213 (A) If Property is sold, Landlord will give Tenant in writing: 213
214 1. Notice that the Security Deposit has been given to the new landlord, who will be responsible for it. 214
215 2. The name, address and phone number of the new landlord and where rent is to be paid, if known. 215
216 (B) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord. 216
217 (C) Landlord's responsibilities to Tenant under this Lease end after the Property has been sold and the Lease transferred to a 217
218 new landlord. 216
215 (D) If Landlord sells the Property during the Lease or any Renewal Term, landlord has the right to terminate this Lease if 219
220 Landlord gives at least ,.(p Q days written notice to Tenant Tenant is not entitled to any payment of damages. 220
221 27. IF GOVERNMENT TAKES PROPERTY 220
222 (A) The government or other public authority can take private property for public use. The taking is called condemnation. 222
223 (B) If any part of the Property is taken by the government, Landlord will reduce Tenant's mat proportionately. If all the 223
224 Property is taken or ism longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any u4
225 unused Security Deposit or advanced real. 225
226 (C) No money paid to Landlord for the condemnation of the Property will belong m Tenant. 220
ADDITIONAL TERMS
227 28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. The 227
228 rights of the mortgage tender come before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, 22a
229 the mortgage lender could take the Property and end this Lease.) 229
230 TENANT MAY BE WAIVING OR GIVING UP TENANTS RIGHTS. TENANT UNDERSTANDS THAT IF THERE 230
231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 201
232 29. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. 232
233 30. ' ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- 233
234 ments made before are a part of this Lease unless they are included in this Lease in writing. No waivers or modifications of 234
D5 this Lease during the Term of this Lease are valid unless in writing signed by both Landlord and Tenant. 235
236 NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant is advised to consult an attorney. 236
237 If L andlord or Tenant are represented by a licensed real estate broker, Tenant andfo{Landlord acknowledge receipt of the 237
238 Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35.337. 238
239 By signing below, Landlord and Tenant acknowledge that they have. read and understand the notices and explanatory infor- 239
240 a ll.. set forth 1 this Lease 240
241 WITNESS cl- -TENANT ZL Q• DATE ?- - 241
/
TENANT DATE
242 WITNESS 242
243 WI TNESS TENANT DATE W
2" WITNESS COSIGNER DATE 2"
245 WI TNESS CO-SIGNER DATE 245
2,16 WITNESS
247 WITNESS LANDLORD
248 WITNESS LANDLORD
246
247
249
249 Brokers'lLicensees' Certifications By signing here, Brokers and Licensees involved in this transaction certify that (1) The infomia- 249
250 tion given is true to the best of their knowledge; AND (2) They have told Landlord of Landlord's responsibilities nndtt the Residential 250
vat r:..a o...ea o..:_. u__._? r._?__.. __ . ...... .. .. .. ......? .. .. .. _ . __ . _
g rf
RULES, REGULATIQNS, AND SPECIAL CLAUSES.
Marked items are a part of the lease for (Property Address)
LJ 141 - PET CLAUSE - (SEPARATE FORM)
? 02 - MILITARY CLAUSE - (SEPARATE FORM)
113 - OIL TANK CLAUSE
Tenant agrees that oil tank is/"1Z full. at start* of lease
and Tenant- upon ending. date will have tank at same. level.
Tenant agrees to buy oi;l from ,=4
u 114 - PROPERTY FOR SALE CLAUSE
Landlord shall have the right during reasonable hours and
weekends with 24 hours notice to show said property for sale,
provided that a buyer is with a licensed real estate- agent.
Lock box and sign are to remain on the property during the term
of the listing contract.
115 - FIREPF;,ACE CLAUSE
Fireplace will 'be inspected and/or. cleaned prior to start date
of lease. Tenants agree to have. fireplace inspected and/or
cleaned within one month of ending date and provide a copy of
inspection of fireplace. -
116 - LAWN CARE CLAUSE -
Lawn care is described as cutting grass once a week, edging and.
weeding flower beds and shrubbery trimming.
? 117 -. HOMEOWNERS ASSOCIATION - LAWN & SNOW
The Homeowners Association is responsible for lawn care and snow
removal. Neither the Owner/Landlord nor Jack Gaughen Property
Management is responsible for these. services.
IJ 118 - NO SMOKING CLAUSE
Tenants agree not to allow smoking inside the house at anytime
by themselves or Guest.
? 119 - GUARANTOR CLAUSE
I (We) do agree to be responsible for thetrue and faithful
performance of the lease to the Landlord on the, part- of the
named tenant(s) and. I (we) do guarantee any and all sums due to
Landlord thereunder. This guarantee shall be in effect for the
tes'In of the lease.
010 - RENT PAYMENT CLAUSE
The monthly rental payment will be paid with one check.
I111 - HARDWOOD FLOORS CLAUSE
Tenant agrees to protect the hardwood.floor(s) by covering. 80%
with area rugs and. hallway runners.
13 Jil2 - WELL WATER TREATMENT CLAUSE
Tenant will buy and use the salt supply for the water softener..
Any damage from discontinuing use of water softener will be
charged to the Tenants. -
O 1113 - BARKING DOG CLAUSE
Tenant -agreess"that •. if, the dog's barking disturbs the neighbors,
Tenant. shall immediaEoly remove same from premises:
2{, .014 -. ADDITIONAL SPECIAL CLAUSES
Lnl'd or Laodlm t Teaent
Dale: ?? 10104
Revised WIW 1 Dete:_?--?i -Qcf
ADDITIONAL TERMSSPECIAL.CONDXTI,ONS OF LEASE
i
AUTNOAIEEb OCCUP!)tX
Rdt re then. ???5 people will live., on property. List all named. here:
Guests are permitted. A guest is a visitot for two '(2) Weeks or lees...
.'TENANT UTILITIES COMPANY 'PHONE NUldEER
Heat Is!
Hot Water is:.
Electricity is:g PPS
Cooking is:
Water In.:
Sewer is:
Trash removal is:.
Z
'ASaociation Fee
- Filter replacements
Telephone is: 6-6
TV Cable Ss:
CARPET SUAMPOOINO .
Tenants will have the carpets professionally. shampooed at the and of the
lease and must provide a receipt to Landlord.
PET POLICY
No pets or animals of any kind are.permitted on or within. the leased
,property except as described below:
PET CLAUSE' attached as part of this lease: ? Yee /Lg No -
.DISCLOSURESt
'Landlord had made the following`discloNUres regarding the -property, Which
are attached and. made a-part of this Lease
??--}agreement:
A Water Potability9eptlc LJ'
TERMINATION or,LEASE .
•Tenant agrees that a full month's rent is., dye for.aby month'in Which there
is 'partial occupancy_at the termination of the leaser„'. -
'.' APPLIANCES AND PERSONAL pR1516tY INCLUDED WITH PROPERTY: -
The appliances • below are provided forsthe Tenant's -use: Lahdlovd?I$`.
reapEhaible-for the repair or replacement of thesa.:itemd. .'Tenant must tell
Landlord if any of these items are not working properly,
i refrigerator range/stove r1i?dlahwadhei X garbage disposal .
? Washer. - ? dryer ? lawn mower. ?' freezet
-: window unit air conditlohers (R1.7 j ? -
The appliaiicee/items._marked off below ate provided for thre -TenanPsuse.'
- Lahdlord is nor :re apohs4ble'for the repair or replacement of these Itemd. If
repairs are needed,. Tenant may decide to repair these. itema.at the Tdtiant'e
expenses. Landlord still owns these items. Tenant must tell Landlord if any
item.is not working properly. Landlord has right to decide whether to remove
..
the item:
? refrigerator ?. washer ? dryer ? lawn1mcwer -?? freezer
- ? window unit air co itio rs '
LANDLORD'S SIGNK. - DATE' L -?( O
MANAGING AGENT'S SIGNATURE `DATE,
LISTING AGENT'S SIGNATURE DATE
TENANT'S SIGNATURE ppTE f_. S'- Q ?.
°.TENANT'S SIGNATURE DATE
'TENANT'S SIGNATURE DATE
F18/34/2004 12:55 717-249-8999 JGR ERA CARLISLE
PAGE 09/10
04/13/2004 15:19 717-249-8999 JGR ERA CARLISLE rquc .11 .1
JACK GAUGHEN REALTOR, ERA
RENTAL AND PROPERTY MANAGEMENT
RIGHT TO RENT AGREEMENT
Date of lasting: 'l I 1 0143 `1 _,--1 A
property Address: 2.15 Mt, Ca.-Micbe- Ro._ aA 0?S??. PA
Owner(s): {? rf an aA %n nA 14 g `Pn
OWNER'S WAFER SUPPLY DISCLOSURE
We, the undersigned Owner(s) acknowledge that our water supply is provided by private well
situated on the property. We further acknowledge that a have aVvr Jack Oaughea Realtor,
ERA Property Management through their agent, er°" ?? , that:
Place it (where applioable:
To the best of our knowledge, my/our water source is potable and safe fbrhumm
coesumptiar witbouttreamism
My/our water source is not safe for human consumption
Myrour water source is potable with the use of
Type of Treatment
? Not applicable. Water supply is public.
OWNER'S PRIVATE ON LOT SEWAGE SYSTEM DISCLOSURE
We, the undersigaod Owner's herein disclose that our ro is serviced by the following type of private
on-lot sewage system:
Place a (+? where applkable:.)
? Cm"Wonal septio system
V - Sand mound septic system
? holding tank (no drain fields)
? Cesspool
? Other:
To the best of our knowledge, our private on-lot sewage system is in good working order, with the
following exceptive:
Landlord:
Landlord
Date:
r.]
'r ;? 17
Yl 7- 4
08/04/2004 12:55 717-249-8999
JGR ERA CARLISLE
PACE 10/10
12]
TENANTS ACKNOWLEPGM6NT
Tenaot(a) hemby aclmowledge Owner(s) disclosure regarding The water supply and private oadot sewago
"an servicing the above mentioned property.
Date: Tenant
Pate: Tamm:
Pare: Tcoant
Rev. 1009
rx4j?i?, /f
AGREEMENT
JLN This day of September, 2004, Thomas E. Martin, Jr., and Helen E. Martin,
brother and sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
called "the Martins," and Lori Ann Leach, of 1215 McCormick Road, Mechanicsburg,
Pennsylvania 17055, herein called "Leach," do agree as follows, intending to be legally bound:
The Martins hereby lease to Leach a portion of that certain utility building near the barn
at 1215 McCormick Road, Mechanicsburg, Pennsylvania., known to them as the "Annex,"
under the following terms:
The building may be divided into four areas: (1) The large `A-frame' main room,
including the bar area and the room behind it, as well as the furnace/utility room; (2) The
sauna, laundry and shower/bath room; (3) The garage area, including the gun safe; and (4) The
upstairs rooms, including the landing connecting the upstairs rooms with the second floor
outside door, the outside stairs, and the inside stairs.
1. Beginning October 1, 2004, Leach shall have the exclusive use of the large main
room, except that she will not use it after 6 PM on days when the Martins notify her in
advance that they or their guests will be occupying the upstairs. The parties shall share use of
the inside stairway and upper landing, as reasonably appropriate, for their joint use of and
access to the sauna/laundry/shower room area.
2. The Martins shall have exclusive use of the upstairs and the garage area at all times.
3. The Martins and Leach shall share use of the sauna/laundry/shower room, with Leach
having primary use from 8 A.M. until 6 P.M. on most days, and the Martins having primary
use from 6 P.M. until the next morning at 8 A.M. on most nights.
4. Leach shall pay the monthly rent of $600.00 on or before the first of each month, in
addition to the rent she pays for her use of the main house.
/ , (( - b? Z
5. The term of this lease shall be co-extensive with the term of the lease on the main
house, provided, the amount of the monthly rent shall not increase until at least January 1,
2006, at which time the monthly rent shall increase to $650.00.
6. Since they will share use of the building, perhaps at the same times, both the Martins
and Leach shall not make unreasonable noise in or around the building at any time.
7. If the difference between the costs of electricity, fuel oil, and other utilities for the
entire building during the period of December 1, 2004, to May 31, 2005, shall be more than
150% over the base period December 1, 2003, to May 31, 2004, then the Martins and Leach
shall negotiate the terms of this agreement in June, 2005, to provide for Leach to bear a
portion of the costs of such items.
8. The general terms and conditions contained in the Lease between the parties as to the
main house shall apply to this lease, except the use of the portion of the Annex leased shall be
exclusively as a photographer's office and gallery, not a residence. All obligations of Leach
herein with respect to use of the building shall apply to herself, her customers, employees, and
guests on the premises. No portion of the property shall be used as a "darkroom" for use of
chemical development of photographic film, or similar use.
(SEAL)
(SEAL)
(SEAL)
?if Y/ ?%7 "B v ?Z W Z
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HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
vs.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- EQUITY
No.
PETITION FOR PRELIMINARY INJUNCTION
To The Honorable, the Judges of the said Court:
Your Petitioners bring this request for a Preliminary Injunction and aver as
follows:
1. Petitioners in this action are Helen E. Martin and Thomas E. Martin, Jr., brother and
sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
referred to as the "Owners." Petitioners this day have filed a Complaint in this matter.
2. Respondent Lori Ann Leach is an adult individual, who resides at 1215 McCormick
Road, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as the "tenant."
Respondent is named as Defendant in the aforesaid Complaint.
3. As set forth in the Complaint, the averments of which are incorporated herein by
reference thereto, Petitioners are owners and Respondent is tenant pursuant to certain
written agreements to lease buildings and curtilege to the tenant for a monetary
consideration, which written agreements contain terms and conditions.
4. Tenants agreement (the "lease") provided, in part, that
"17. PETS
Tenant will not keep or allow any pets on any part of the Property, unless
checked below.
o Tenant may keep pets with Landlord's written permission according to the
terns of the attached Rules and Regulations."
5. There was no check or other mark in the box which indicated that tenant was
allowed to keep pets on part of the leased property with written consent of the
Owners, and the Owners never granted to the tenant any permission for her to keep
any such pets.
5. Tenant's agreement with respect to one of the buildings (the "Annex"} provided, in
part, that
"8. The general terms and conditions contained in the Lease between the parties as to
the main house shall apply to this lease, except the use of the portion of the Annex
leased shall be exclusively as a photographer's office and gallery, not a residence. All
obligations of Leach herein with respect to use of the building shall apply to herself, her
customers, employees, and guests on the premises. No portion of the property shall be
used as a 'darkroom' for use of chemical development of photographic film, or similar
use."
6. In addition to the use of the so-called Annex by the tenant as a photographer's office
and gallery, part of it is used by the Owners and their guests as a part-time residence
and part of the Annex is used by the Owners and their business employees as a garage
and workshop.
7 Certain portions of the Annex were to be used jointly by the tenant and the Owners
and their guests and employees.
8. During the month of February, the Owners received information which they
believe, and therefore aver, that the tenant took a full sized horse into the Annex for
some purpose associated with her photography.
9. During the month of March, the Owners received information which they believe,
and therefore aver, that the tenant took a lamb and rabbits into the Annex for some
purpose associated with her photography.
10. Whether or not farm animals are "pets," they are not permitted in the Annex or
any other buildings leased to the tenant without the consent of the Owners, and the
Owners advised the tenant of this fact.
11. Notwithstanding such demands by the Owners, the tenant has refused to agree
that she will not take farm animals into the buildings leased by her from the Owners.
12. Maintenance of farm animals in the buildings leased by the tenant will result in
health concerns, smells, soiling from feces and urine, sounds, and similar other obvious
and objectionable aspects which interfere with the rights of the Owners and the
peaceable enjoyment of the Owners' portion of the Annex as a part-time residence.
13. Jarad W. Handelman, Esquire, attorney for the tenant, advised the plaintiffs by e-
mail dated March 11, 2005, that tenant refused to remove farm animals from the Annex
as demanded by the Owners.
14. The Owners will suffer irreparable harm if the tenant persists in violating the terms
of the lease and they will be precluded from full and peaceable enjoyment of their
retained interest in the use of the Annex property, and the main house may suffer
irreparable harm from odors, animal feces and urine, and other injuries if further
violation of the terms of the agreement is allowed.
15. The rights of the owners to an injunction are clear and convincing and violation of
their legal rights in this matter is plain.
16. Immediately after taking possession of the Annex pursuant to the Annex lease, the
tenant installed a lock on the door between the garage and the sauna/ shower/ laundry
room which prevents the Owners and their authorized guests to enter the
sauna/shower/laundry room from the garage without a. circuitous route and extreme
inconvenience and interference.
WHEREFORE, Plaintiffs pray for entry of a preliminary injunction against the
Defendant ordering her to cease and desist from taking any farm animals into the
buildings she leases from the Owners without their advance written consent, ordering
tenant to cease and desist from interfering with use of the sauna/ shower/ laundry
room and access to the sauna/shower/laundry room from the garage until a trial may
be held in this matter, and to grant declaratory relief concerning the meaning of the
terms of the written agreements, and to grant such other relief as the court may deem
appropriate and adequate.
Z?J
THOMAS E. MARTIN, JR.
pro se and attorney for B
VERIFICATION
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§ 4904, relating to unsworn falsification to authority' gs. I
THOMAS E.
?,
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,
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7
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A
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
BAR R 4 2005'
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -?
LORI ANN LEACH
1215 McCormick Road No. ,9 J 316- 4??
Mechanicsburg, PA 17055
Defendant
RULE TO SHOW CAUSE
AND NOW, this 11ru day of , 2005, upon
consideration of the Petition filed in this matter, the Respondent is
ordered to show cause, if such there be, why the prayer of the within
Petition ought not to be granted.
Rule returnable with a hearing on the request for a Preliminary
Injunction '-MA-06" March a17 2005, at j 3° gym.
o'clock in court room number a
? ez?4
BY THE COURT,
J•
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
vs.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNS?UANIA .",
CIVIL ACTION --
No.
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this
Complaint and notice are served by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important
to you.
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.
-3z s . P ? s
Carlisle, Pennsylvania 17013
Thomas E. Martin, Jr., pros and a tte
Helen E. Martin
P.O.Box 392
Kennett Square, Pennsylvania 19348
(610) 444 0285
Supreme Court Identification No. 16055
for
COMPLAINT 71T T.f1T TTA IJ
1. Plaintiffs in this action are Helen E. Martin and Thomas E. Martin, Jr., brother and
sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
referred to as the "Owners.
2. Defendant Lori Ann Leach is an adult individual, who resides at 1215 McCormick
Road, Mechanicsburg, Pennsylvania 17055, hereinafter referred tows the "tenant."
3. On or about August 5, 2004, the tenant offered in writing to lease and rent from the
Owners a certain dwelling house with garage and pool and curtilege owned by the
Owners, located at 1215 McCormick Road, Mechanicsburg, Cumberland County,
Pennsylvania.
4. On or about August 11, 2004, the Owners accepted the offer by signing the writing
executed by the tenant, hereinafter referred to as the "lease," a true and correct copy of
which is attached hereto, marked Exhibit "A", and incorporated herein by reference
thereto.
5. The lease was prepared for the parties in handwriting by an agent of Jack Gaughen
Realtor ERA, a licensed Pennsylvania real estate broker, on a standard Pennsylvania
Association of REALTORS@ form
6. On or about September 24, 2005, both the Owners and the tenant executed a certain
written Agreement, hereinafter referred to as the "Annex lease," which extended the
lease to cover other premises on the land owned by the Owners near the other
buildings and land rented to the tenant, a true and correct copy of which additional
writing is attached hereto, marked Exhibit JB", and incorporated herein by reference
thereto. The Annex lease was prepared for the parties by Thomas E. Martin, Jr., one of
the Owners.
7. By Exhibit "A" the tenant and the Owners were obligated to comply with certain
terms of the lease in consideration of the sums of money agreed to be paid by the
Tenants to the Owners in timely fashion.
8. By Exhibit "B" the tenant and the Owners were obligated to comply with those
same terms of the lease with respect to the other premises in consideration of
additional sums of money agreed to be paid by the Tenants to the Owners in timely
fashion.
9. Tenants agreement (the "lease") provided, in part, that
"17. PETS
Tenant will not keep or allow any pets on any part of the Property, unless
checked below.
2
o Tenant may keep pets with Landlord's written permission according to the
terms of the attached Rules and Regulations."
10. There was no check or other mark in the box which indicated that tenant was
allowed to keep pets on part of the leased property with written consent of the
Owners, and the Owners never granted to the tenant any permission for her to keep
any such pets.
11. Tenant's agreement (the "Annex lease") provided, in part, that
"8. The general terms and conditions contained in the Lease between the parties as to
the main house shall apply to this lease, except the use of the portion of the Annex
leased shall be exclusively as a photographer's office and gallery, not a residence. All
obligations of Leach herein with respect to use of the building shall apply to herself, her
customers, employees, and guests on the premises. No portion of the property shall be
used as a 'darkroom' for use of chemical development of photographic film, or similar
use."
12. In addition to the use of the so-called Annex by the tenant as a photographer's
office and gallery, part of it is used by the Owners and their guests as a part-time
residence and part of the Annex is used by the Owners and their business employees as
a garage and workshop.
13. Certain portions of the Annex were to be used jointly by the tenant and the
Owners and their guests and employees.
COUNT ONE -- HORSE. LAMB. AND RABBITS IN LEASED BUILDINGS
14. The averments contained in paragraphs 1 through 13 above are incorporated
herein by reference thereto.
15. During the month of February, the Owners received information which they
believe, and therefore aver, that the tenant took a full sized horse into the Annex for
some purpose associated with her photography.
16. During the month of March, the Owners received information which they believe,
and therefore aver, that the tenant took a lamb and rabbits into the Annex for some
purpose associated with her photography.
17. Whether or not farm animals are "pets," they are not permitted in the Annex or
any other buildings leased to the tenant without the consent of the Owners, and the
Owners advised the tenant of this fact.
3
18. Notwithstanding such demands by the Owners, the tenant has refused to agree
that she will not take farm animals into the buildings leased by her from the Owners.
19. Maintenance of farm animals in the buildings leased by the tenant will result in
health concerns, smells, soiling from feces and urine, sounds, and similar other obvious
and objectionable aspects which interfere with the rights of the Owners and the
peaceable enjoyment of the Owners' portion of the Annex as a part-time residence.
20. Jarad W. Handelman, Esquire, attorney for the tenant, advised the plaintiffs by e-
mail dated March 11, 2005, that tenant refused to remove farm animals from the Annex
as demanded by the Owners.
WHEREFORE, Plaintiffs pray for entry of an injunction against the Defendant
ordering her to cease and desist from taking any farm animals into the buildings she
leases from the Owners without their advance written consent, and judgment against
the tenant for costs of suit, and to grant declaratory relief concerning the meaning of
the terms of the written agreements, and to grant such other relief as the court may
deem appropriate and adequate.
COUNT TWO - MUTUAL USE OF ANNEX
21. The averments contained in paragraphs 1 through 20 are incorporated herein by
reference thereto.
22. Immediately after taking possession of the Annex pursuant to the Annex lease, the
tenant installed a lock on the door between the garage and the sauna/ shower/ laundry
room which prevents the Owners and their authorized guests to enter the
sauna/shower/laundry room from the garage without a circuitous route and extreme
inconvenience and interference.
WHEREFORE, Plaintiffs pray for entry of an injunction against the Defendant
ordering her to cease and desist from interfering with use of the
sauna/shower/laundry room and access to the sauna/shower/laundry room from the
garage without the advance written consent of the Owners, and judgment against the
tenant for costs of suit, and to grant declaratory relief concerning the meaning of the
terms of the written agreements, and to grant such other relief as the court may deem
appropriate and adequate.
COUNT THREE -- APPORTIONMENT OF EXPENSES FOR ELECTRICITY ETC
23. The averments contained in paragraphs 1 through 22 are incorporated herein by
4
reference thereto.
24. Unknown to the Owners and the tenant alike, at the times the Owners agreed to
lease the house and Annex to the tenant the meters which gauge electricity use for the
property did not segregate the usage of electricity by the tenant from electricity usage
by the Owners and their employees for the rest of the property.
25. In consequence of this mutual mistake of fact, the Owners agreed to transfer of all
bills for electricity usage from the name of the tenant to the name of the Owners until
changes could be made by a qualified electrician to meter the electrical usage
exclusively by the Owners and the electrical usage exclusively by the tenant.
25. Because of the sharing of the Annex building contemplated by the Annex lease, the
costs of electricity and other utilities including heat for the Annex were to be
apportioned between the Owners and the tenant according to a schedule set forth in
the Annex lease, which provides as following:
"7. If the difference between the costs of electricity, fuel oil, and other utilities for
the entire building [the Annex] during the period of December 1, 2004, to May 31, 2005,
shall be more than 15017o over the base period December 1, 2003, to May 31, 2004, then
the Martins [the Owners] and Leach [the tenant] shall negotiate the terms of this
agreement in June, 2005, to provide for Leach to bear a portion of the costs of such
items."
27. Because of impossibility of performance of the June, 2005, term regarding
negotiation of tenant paying a portion of the costs of electricity, fuel oil, and other
utilities for the Annex, the tenant should pay a portion of the costs of such electricity,
fuel oil, and other utilities for the Annex to be determined by mutual agreement, or
order of this court, rather than nothing.
WHEREFORE, Plaintiffs pray for entry of an order determining what portion of the
costs of fuel oil, electricity, and other utilities should be paid by the tenant after June,
2005, for the rest of the term of the lease, and judgment against the tenant for costs of
suit, and to grant declaratory relief concerning the meaning of the terms of the written
agreements, and to grant such other relief as the court may deem appropriate and
adequate.
THOMAS E. MARTIN, JR.
pro se and attorney for H(
5
VERIFICATION
I verify 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.
§ 4904, relating to unworn falsification to authorities.
6
RESIDENTIAL LEASE LR
...:_,.. •, , __.._a c.. e...._..-.r.:.r.a r...... h.. h.....r.a. fih.P..rr..1-mA,-i-nFRFALrDRStf1AR1.
LANDLORD'S BUSINESS VATiONSH "'It PA LICENSED BROKER
BROKER (Co eay) PHONE AGENT FAX
ADDRESS /6 S?P-
Designated d Agent(s) for Landlord, if applieu I .
OR
Broker is NOT the Agent for landlord and is Alan: ? AGENT FOR TENANT ? TRANSACTION LICENSEE
TENANT'S BUSINESS RELATIONSHIP WITII PA LICENSED BROKER
BROKER (Company) PHONE
AGENT ,FAX
ADDRESS
Designated Agents) for Tenant, if applicable:
OR
Broker Is NOT the Agent for Tenant and is Alan: ? AGENT FOR LANDLORD ? SUBAGENT FOR LANDLORD ? TRANSACTION LICENSEE
When the same broker is Broker for Landlord and Broker for Tenant, Broker W a Duo) Agent AR otBroker's Renown, arm also Dual Agents UNLESS there
are separate Designated Agenn for Landlord and Tenant. B the same Licensee is designated for Landlord and Tenant, the Licensee Is l Dual Agent.
broker(s) may perform services to assist unrepresented parties in complying with the terms of this Lease.
11
2
3
a
5
a for the Properl
e ac Tenant isi
9 2. CO-SIGNERS
m Co-signers: _
it
called "Tenant,"
called "Property"
and other costs.
12 Each Co-signer is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs.
13 Co-signers do not have the right to occupy the Property as a Tenant without the Landlord's prior written permission.
14 3. LANDLORD CONTACT INFORMATION
15 o..s..r o...
16 Payable to:
17 Address:
??a, y
19 &,A _Phone:ee /
Maintenance Requests:
Contact:
Address:
Phone: Fax:
1
z
3
4
s
6
]
0
9
to
11
12
13
14
15
t6
1]
19
19
j,io - Foy- a3ea
A4J6/e1-64Y--po9- 7 RENTAL TERM
29 4. STA RT AND END DATES OF LEASE (also called "Term") z6
21 (A) Start Date: ?. 4Z"?
/? at /,2
a.m
49
21
22 (B) ?
?
End Date: 0 F d. (. ,?1fD6 , at j,2 a.m. .m zz
23 5. RENEWAL TERM (check one) 23
24 ? This Lease will AUTOMATICALL REN for a term of also called the 24
25 "Renewal Tenn") at the End Date of this Lease or at the end of y Renewal Term unless: 25
20 L Tenant gives Landlord at least d days written notice before End Date orbefore the end of any Renewal Term, OR
- 26
27 2. Landlord gives Tenant at least
days written notice before End Date or before the end of any Renewal Term. 27
29 ? This Lease will TERMINATE on the End Date unless extended in Writing. 28
RENT AND DEPOSIT
29 6. RENT A;? 29
30 (A) Rent is due in advance, without demand, on or before the day of each month. 36
31 (B) The total Rent due each month is:(p?°?^?•?^'. Yntnr?.x0.?2..?lka u_4!-d.._o,4.S.Od ...............$I
32 (C) The total amount of Aent due du nr1 g the Term is: O "
..........................................................................$ .? S!Q M
32
33 (D) If Rent is morethan <- days late, Tenant pays a Late Charge of LGL °.fd ...............................$ yi
11 33
34 (E) _
All other payments due from Tenant to Landlord, including Late Charges or utility charges, are considered totbe Additional 34
35 Rent. Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent. 35
3e (F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will be applied 36
37 . against the current Rent due. f"" i 37
39 (G) Tenant will pay a fee of $ 4 for any payment that is returned by any financial institution for any reason. Any 36
39
40
(11) Late Charges will continue to apply until a valid payment is received.
Landlord will acce
t the followin
methods of
a
Order _fyP
ment: ? Cash 'Mone
r
o
al Ch
k 39
49
41 p
g
y
p
y
e
s
n
ec
? Credit Cards ? Other: ? Other: 41
42 7. . PAY MENT SCHEDULE Due Date Paid ?4 Due 42
43 (A) Security Deposit, held in escrow by r , ]i 43
44 Held at (financial institution): 44
45 (B) First month's rent: $ 45
45 (C) omer:?h,-j?-at .Jl.)C?et( /.9 eY - 9 ?!) $ $__ByQ,.. _ 46
47 (D) OthetV. $ $ ar
45 Total Rent and security deposit received to date: .................................................... S 48
49 Total amount dice ............ .Q?O..%y.. $ r as
so Tenant In itials: LR Page 1 of 4 Lan ord Initials
COPYRIGHT PENNSVLVANIAAMmAAT10NOFR ALT r963
Pusxsoppyrl1N?rSSarania pssocNtlon of a
".r?..e :E::.t:..e.+.....,... S fI i JI •? t; If - le' I Bros
51 8. RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) 51
52 (A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mail- 52
53 ing address where Landlord can return the Security Deposit. 53
54 (B) Within 30 days after Tenant moves from the Property, Landlord will give Tenant a written list of any damage to the 54
55 Property that Landlord claims Tenant is responsible for. 66
56 (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit Any remaining Security Deposit so
57 will be returned to Tenant within 30 days after Tenant moves from the Property. 57
CARE AND USE OF PROPERTY
ss 9. USE OF PROPERTY AND AUTHORIZED OCCUPANTS 58
59 (A) Tenant will use Property as a residence ONLY. 59
69 (B) Not more than pie will live on Property. List all other occupants who are not listed as Tenants in 60
61 paragraph L 61
e2 • O?
4a n Z aJS es
63 10. .
POSSESSION 63
64 (A) Tenant may move in (take possession of the Property) on the Start Date of this Lease. 64
65 (B) If Tenant cannot move in within days after Start Date because the previous tenant is still there or because of ss
as property damage, Tenant's exclusive rights are to: 66
67 1. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property 67
68 is available; OR 68
69 2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the 69
70 part of Landlord or Tenant, 70
71 It. LANDLORD'S RIGHT TO ENTER 71
72 (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair, 72
73 or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or 73
74 Landlord's representative, or they have written permission from the Landlord. 74
75 (B) When Possible, Landlord will give Tenam_2 _L hours notice of the date, time, and reason for the visit. is
76 (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was is
77 there and why within 24 hours of the visit, 77
78 (D) Landlord may put up for Sale or For Rent signs on or near Property. 70
79 12. CONDITION OF PROPERTY AT MOVE IN 79
so Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following: e0
et et
82 e3
e3 13. APPLIANCES INCLUDED e3
64 Stove ff Refrigerator .q Dishwasher ? Washer ? Dryer 1,?psi Garbage Disposal ? Microwave 84
as Air Conditioning OOther ?Other e5
Be Landlord is responsible for repairs to appliances listed above unless otherwise stated here: as
87 e7
ae 14. UTILITIES AND SERVICES ae
as Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. If a serv- 69
9o ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not reapon- 9o
91 sible for loss of service if interrupted by circumstances beyond the Landlord's control, 01
92 Landlord Tenant Landlord Tenant 92
93
94 pays pe 3 ?,ays 8 9
? {9 C
oki
G
9
W 93
o
ng
as
0
Air Conditioning 94
as ? Electricity ? ? Cable Television 95
96 ? Heat, A-'-Q? ? ? Condominium Fee se
97 ? JKIiot Water ? ? Parking Fee 97
98 ? Cold Water ? ? Maintenance of Common Areas 98
99 ? ,) (Trash Removal ? ? Pest/Rodent Control 99
lea ? Sewage Fees -?] Snow/lee Removal in
101 ? ? Sewer Maintenance ? $I Telephone Service, 101
162
103 DR -V Lawn and Shrubbery Care ? .LrQ 0-'?"-' yA„g,y, f?rt??y re?
? ? 102
Heater Maintenance Contract ? ? 1 103
104 Comments:
104
105 105
106 15. TENANT'S CARE OF PROPERTY 106
107 (A) Tenant will: 107
IN 1. Keep the Properly clean and safe. lea
100 2. Dispose of all trash, garbage and any other waste materials as required by Landlord and the law. - 199
110 3. Use care when using any of the electrical, plumbing, heating, ventilation or other facilities or appliances on the 110
111 Property, including any elevators. III
112 4. Tell Landlord immediately of any repairs needed and of any potentially harmful health or environmental conditions. 112
113 5. Obey all laws. 113
114 (B) Tenant will not: 114
115 L Keep any flammable, hazardous and/or explosive materials on the Property. M
116 2. Destroy, damage or deface any part of the Property or common areas. 116
117 3. Disturb the peace and quiet of other tenants or neighbors. 117
110 4. Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant 11s
110 agrees that any changes or improvements made will belong to the Landlord. 119
120 S. Perform any maintenance or repairs on the property unless otherwise stated in the Rules and Regulations, if any. 120
121 (C) Tenant is solely responsible to pay the costs for repairing any damage that is the fault of Tenant or Tenant's family or 121
122 guests. 11
2
2
123 T y
?
?
i
i
i
l
ena nt
t
a
n
sLR Page 2 of4 Landlord initials:'_r"? +?Ov
? J/" ?t:l,r_rf 11 Z U_
'124 16. SUBLEASING AND TRANSFER 124
125 (A) Landlord may transfer this Lease to another landlord Tenant agrees that this Lease remains the same with die new us
126 landlord. 126
127 (B) Tenant may not transfer this Lease or sublease (rent to another person) the Property or any part of die Property without 127
128 Landlord's written permission. 128
129 17. PETS 129
130 Tenant will not keep or allow any pets on any part of the Property, unless checked below. 130
1st . ? Tenant may keep pets with Landlord's written permission according to the terms of the attached Rules and Regulations. 131
132 18. RULES AND REGULATIONS 132
433 (A) Rules and Regulations for use of the Property and common areas are attached. ? Yes ? No 133
134 (B) Any violation of the Rules and Regulations is a breach of this Lease. 134
135 (C) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safely, or wel- 13s
136 fare of others. Landlord agrees to provide all changes to Tenant in writing. ' 136
137 (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. 137
Ise 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS 138
139 (A) Landlord has installed smoke detectors in the Property. Tenant will maintain and regularly test smoke detectors to be sure 139
140 they are in working order, and will replace smoke detector batteries as needed. 140
141 (B) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. 141
142 (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of 142
143 any broken or malfunctioning smoke detectors is a breach of this Lease. 143
144 (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these 144
145 systems is stated in the Rules and Regulations, if any. 145
146 (E) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems. 145
147 20. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 147
148 ? Property was built in or after 1978. This paragraph does not apply. 146
149 g Property was built before t978. Landlord and Tenant must provide information in this paragraph. - 149
150 (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: tso
151 ^ Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord 1st
152 must explain what Landlord knows about the lead-based paint and hazards, including how Landlord learned that it 152
153 is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must give Tenant any 153
154 other information Landlord has about the lead-based paint and lead-based paint hazards. III
155 (B) Landlord has no reports or records about lead-based paint or lead-based paint hazards oa the Property unless stat- 1ss
I% ed below: 156
1s7 Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards on 157
158 the Property. List records and reports: 158
159 159
160 (C) Tenant initial all that are me: 180
161 Tenant has received the pamphlet Protect Your Family From Lead in Your Home. 161
152 Tenant has read the information given by Landlord in paragraph 20 (A) and (B) above. 162
163 Tenant has received all records and repohts that Landlord listed in paragraph 20 (B) above. 163
164 (D) Landlord and Tenant certify, by signing this Lease, that the information given is hue to the best of their knowledge. 164
Its 21. DESTRUCTION OF PROPERTY 165
165 (A) Tenant will notify Landlord or Landlord's agent immediately if the Property is severely damaged or destroyed by fire or 166
167 by any other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition in the Property that 167
168 could severely damage or destroy the Property. 168
169 (B) If the Property is severely damaged or destroyed for any reason: 109
170 1. Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and 170
171 Landlord until the damages are repaired, OR 171
172 2. If the law does not allow Tenant to live on the Property, this Lease is ended. 172
173 (C) If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. 173
174 (D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and III
175 Tenant will continue to pay rent, even if Tenant cannot occupy the Property. 175
176 22. INSURANCE AND RELEASE 176
M (A) Tenant understands that Landlord's insurance does not cover Tenant, Tenant's property, or Tenant's guests. Tenant is 177
9a advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be 178
VS injured while on the Property. 179
180 ? IF CHECKED, Tenant must have insurance policies providing at least $ property insurance 180
181 and $ liability insurance to protect Tenant, Tenant's property and Tenant's guests who may tat
182 be injured while on the Property. Tenant must maintain this insurance through the entire Tema and any Renewal Term. tat
163 Tenant will provide proof of insurance upon request. 183
184 (R) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that oaurs on the Property, 184
185 (C) Tenant is responsible for any loss to Landlord caused by Tenant, Tenant's family or Tenant's guests, including attorney's fees. its
ENDING LEASE
186 23. LANDLORD REMEDIES IF TENANT BREACHES LEASE 188
187 (A) If Tenant breaches Lease for any reason, Landlord's remedies may include any or all of the following: 111]
166 I. Taking possession of the Property by going to court to evict Tenant. Tenant agrees to pay Landlord's legal fees and 18a
1119 reasonable costs, including the cost for Landlord or Landlord's agent to attend court hearings. 189
190 2. Filing a lawsuit against Tenant for rents, damages and unpaid charges, and for rents and charges for the rest of the 190
1st Lease term. If Landlord wins (gets a money judgment against Tenant), Landlord may we the court process to gar- 1st
192 nish Tenant's wages and take Tenant's personal goods, furniture, motor vehicles and money in banks. 182
193 3. Keeping Tenant's Security Deposit to be applied against unpaid rent or damages, or both. 193
194 (B) If Tenant breaches Lease for any reason, Landlord can begin eviction proceedings without written notice. 194
195 TENANT WAIVES OR GIVES UP TENANT'S RIGHT TO A NOTICE TO MOVE OUT UNLESS A DIFFERENT 195
196 NOTICE PERIOD IS STATED HERE: tae
197 IS7
198 Tenant Initials: LR Page 3 of 4 Landlord Inifia
C . < If 11
G. of 7! 4 Y /7 - P_3
199
199 24. TENANT ENDING LEASE EARLY
se and move out of the Property before the End Date of the Lease or any Renewal Term only with writ-
hi
L
d
200
s
ea
t
no Tenant may en
201 ten permission of Landlord, and only ?if?:?q
days written notice, AND
dlord at least
L
i
k 202
203
ves
an
-
_
202 (A) Tenant g
203 (B) Tenant pays Landlord a 1coadmation Fee of AND
or any Renewal Term, or until a new tenant is approved
End Date of the Lease
il th
20
,
e
204 (C) Tenant continues to pay all at unt
gas by Landlord and a new lease takes effect, whichever happens first. 5
206
2" 25. ABANDONMENT
297 (A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right m take possession of the property
20e
208 immediately and to rent the Property to another tenant.
ersonal property or possessions remaining on the Property after Tenant moves out will be considered
of Tenant's
A
B
209
p
ny
209 (
)
210 to be abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any matt- 210
211 net determined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property. 211
z+z 26.. SALE OF PROPERTY 212
213
213 (A) If Property is sold, Landlord will give Tenant in writing:
Notice that the Security Deposit has been given to the new landlord, who will be responsible for it
214 1 214
.
215 2. The name, address and phone number of the new landlord and where rent is to be paid, if known. 215
216 (D) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord. 216
211 (C) Landlord's responsibilities to Tenant under this Lease end oiler the Property has been sold and the Lease transferred to a 2+1
218 new landlord.
219 (D) If Landlord sells the Property during the Lease or any Renewal Term, Landlord has the right to terminate this Lease if 218
219
220 Landlord gives at least (? (1 days written notice to Tenant. Tenant is not entitled to any payment of damages, 220
221 27. IF GOVERNMENT TAKES PROPERTY 221
222 (A) The government or other public authority can take private property for public use. The taking is called condemnation. 222
223 (B) If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the Na
224 Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any 224
225 unused Security Deposit or advanced rent. 225
224 (C) No money paid to Landlord for the condemnation of the Property will belong to Tenant. 226
ADDITIONAL TE
221 28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property, The 227
226 rights of the mortgage lender come before the rights of the Tenant. (Example: If Landlord faits to make mortgage payments, 228
229 the mortgage tender could take the Property and end this Lease.) 2M
230 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE zso
231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 231
232 29. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. 232
233 30. ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- 233
234 menus made before are a part of this Lease unless they are included in this Lease in writing. No waivers or modifications of ze4
235 this Lease during the Tenn of this Lease are valid unless in writing signed by both Landlord and Tenant. 235
236 NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant is advised to consult an attorney, 236
231 It Landlord or Tenant are represented by a licensed real estate broker, Tenant andlor Landlord acknowledge receipt of the 237
gas Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 andror §35.337. 236
239 By signing below, Landlord and Tenant acknowledge that they have. read and understand the notices and explanatory infor. 239
243 mation set forth I this Lease 210
n
241 WITNESS TENANT ?W GC-. DATE S(- - O 241
242 WITNESS TENANT ____ DATE 242
243 WITNESS TENANT DATE 243
2" WITNESS CO-SIGNER DATE za
245 WITNESS CO-SIGNER DATE 245
246 WITNESS COSIGNER DATE 246
241 WITNESS LANDLORD ,.--
_ _ _ rtATE ll b .241
246 WITNESS LANDLORD DATE
248
44
N9 Brokers'1Licensees' CerHfrcations By signing here, Brokers and Licensees involved in this transaction certify that: - (1) The into"_ 249
256 tion given is was to The best of their knowledge; AND (2) They have told Landlord of Landlord's responsibilities under the Residential 2"
oar rs.4n....4._ ..................... . .. . . ... ... .
f
v h If
??, ?f ? x -p- tS
RULES REGULATIONS AND SPECIAL CLAUSES.
Marked items are a' part of the lease for (property Address)
(] {f1 - FBT -CLAUSE - (SEPARATE FORM)
112 - MILITARY CLAUSE - SSEPARATE CORM).
it 3__OIL TANK CLAUSE
lease
// full. at start of
Tenant agrees that oil tan Y. is
and 'tenant upon ending. date wily have tank at same. level.
/,..?iae.. --
Tenant agrees to buy oil from
U 09 - PROPERTY FO[t SALE CLAUSE
Landl.ard shall have the right during reasonable hours- and
weekends with 29 hours notice to show said property for sale,
provided that a. buyer is with a licensed real estate agent.
Lock box and sign are to remain on the property during the term
of the listing contract. ,
O 95 - FIREPLACE CLAUSE
Fireplace will 'be inspected and/or -cleaned prior to start date
of lease. Tenants agree to have. fireplace inspected and/or
cleaned within one month of ending date and provide a copy of
inspection of fireplace.
X R6 - LAWN CARE CLAUSE
Lawn care is described as cutting grass once a week., edging and.
weeding flower beds and shrubbery trimming.
O 117 -.HOMEOWNERS ASSOCIATION - LAWN & SNOW
The Homeowners Association is responsible. for lawn care'and snow
removal.. Neither the Owner/Landlord nor Jack Gaughan Property
Management is responsible for these services.. -
U B8 - NO SMOKING CLAUSE
Tenants agree not to allow smoking inside the house at anytime
by themselves or Guest.
U M9 - GUARANTOR CLAUSE
I (We) do agree to be responsible for the true and faithful
performance of the lease to the Landlord on the, part of the
'named tenant(s)and, I (we) do guarantee any and all sums due to
Landlord thereunder. This guarantee shall be in effect for the
term of the lease.
X 1110 - RENT PAYMENT CLAUSE
The monthly rental payment will be paid with one check.
U #11 - HARDWOOD FLOORS CLAUSE
TenanF agrees to protect the hardwood.floor(s) by. covering 80%
with area rugs and hallway runners. _
? 1F12 - WELL WATER TREATMENT CLAUSE
Tenant will buy and use the salt supply for the water softener'..
Any damage from discontinuing use of, water softener will be
charged to the Tenants.
O #13 - BARKING DOG CLAUSE
Tenant agrees that,i;f..the dog's barking disturbs the neighbors,
Tenant. shall immediately remove same from premises,
- 1119 -.ADDITIONAL SPECIAL CLAUSES /
Lnn d or Lnodlo, 's i Teaatd _
Date: 911101041 Date: O
Revised 2d
fit,, i '
f,.
-.' AbDITIONAL TERMS -& APECIAL CONDITIONS OF:-LEASE`. ',
AUTNORIEED OCCUPI}NT,?, - - ``
Not to than lS people will live., on property. -List all named beret
roasts are permitted, A"guest is avisitor for two (2) weeks or .lase....
TENANT UTILITIES. COMPANY _ PHONE NUMBER ..
r ,
Heat is: -ez.e
'Hot Water is:.
Electricity in Cooking is:
Water is: ?..v .20. ,
'Sewer is:
Trash removal is
-L
'ASnociation Fee -
Filter replacements
Telephone is: r w,. 'dc°?6d ^o??Y
TV Cable is: C-tLn'7i
CARPET SHAMPOOING "
Tenants will have the. carpets professionally shampooed at the and of the
lease and must provide a receipt to Landlord.
PET POLICY -
. No pets or animals of any kind are.permitted an or within. the leased
,.,property except as described below: -
PET CLAUSEattached as part of this leans: ? Yea No
.. bISCLOSURES!
'Landlord has made the following disclosures regarding the property, which
ate attached and made a part of this Lease agreement:
-
„ A Water Potability9eptic El
TERMINATION OP LEASE . .. ` ..
_ .,Tenant egreea that a full' month's. rent is due?for ahy,mouth in Which there
Is partial occupancy at the termination-,of the least)
-
APPLIANCES AND PERSONAL PROiltlt INCLUDED'-WITH PROPERTY: -
The appliances below are provided for the Tenant' -6 Use. Lahdlovd. ip
!. .„'pes`poheibla-for the repair at replacement of these items. 'Tenant must tell
-
i-Landlord if any of these items are not working properly.
refrigerator range/stove AN dishwasher gatbage disposal'
? washer. ? dryer ? lawn mower ? freezer
window unit air conditioners (fl 1.7 j '? -
The appliances/items-marked aff below ate provided'for the Tenant's use.
Landlotd Is NOT respdhsJDle for the repair or replacemnht of those items, If.
repairs are needed,: Tenant may decide to. repair ' these items .at: the `Tonant'e
'exponee, Landlord still owns these items.. Tenant must tell Landlord If any
"
item. is not working properly: Landlord hadrightto -. decide' whether to remove
the item:
? refrigerator ?. washer ? dryer ? " lawn mower ? freezer
'? window unit air cc itio rs - -
LANDLORD'S SIGNATUR 'DATE Q I?G?
MANAGING AGENT'S SIGNATURE /I LWI DATE
LISTING AGENT'S SIGNATURE DATE
„-TENANT'S SIGNATURE DATE
TENANT'S SIGNATURE
VATS
TENANT'S SIGNATURE / / ,/ / DATE
.08/04/2004 12:55 717-249-8999
JGR ERA CARLISLE no u
04/13/2004 15:19 717-249-8999 PAGE
JQR ERA CARLISLE rrwc u„ u>
JACK GAUGHLN REALTOR, ERA
RENTAL AM PROPERTY MANAGEMENT
TO EICCLUWVE 1UGRT TO RENT AGREEMENT
Date of listing:
I' party Address: 1215 mr- earY111G? ?c?n?? M?r? anlr+e???, PA
Owner(s): :T-am MnAlrr nn? ??p1Pn i 1ar?lrl
OWNER'S WATER SUPPLY PISCLOSIM
We, the undersigned Owner(s) acknowledge that our water supply is provided by private well
situated on the property. We further acknowledge that hayg n?vrs Jack Oaughea Realtor,
ERA Properry Management through their agent, C a..rlaro `N p i t that:
?[// Place a (? where applicable:
j7 To the best of oer lawwladge, mykw water source is potable and safe fbrhuman
consnmpcinn without tseatrtteat,
0 My/our water seareois nut safe for hwnan cuasutWOrl :
My/our water source is potable with the use of
Typo of Tramnent
? Not applicable. Water supply is public.
OWNER'S PRIVATE ON-LOT SEWAGE SYSTEM DISCLOSURE
is serviced by the following type o
f private
)Ve, the ondmigucd Owner's herm:;;;
on-lor aawage system:
icable:
n Convent onal septic system
Smd awned septic system
0 Holdiug rank (ta drain fields)
? carpool
0 over;
To the best cfour krwwiadM our private *z-lot sewage system is is good working order, with the
following exception: _,---_--_-- _--
Luadlord:
Landlord
Data: ----_ - -_ Landlord:
1-1
c 7Ckll/f /?- /?/
08/9412004 12:55 717-249-8999 JGR ERA CARLISLE PAGE 10/10
pox a.w..........
[2]
TENANT'S ACCqOSWLWGMEN1'
Te:tmt(s) hereby admowlodt s Owner(s) disclosure rcgaxdingxhe water supply aad private moot aewayro
$ya m servicing the above mentioned property. -?"
Date: Tic
Date: Tenant: /
Daffi: TW
Rev. 10/99 ,
rc rr
AGREEMENT
J-IN
ay of September, 2004, Thomas E. Martin, Jr., and Helen E. Martin,
This 2.5 d
brother and sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
called "the Martins," and Lori Ann Leach, of 1215 McCormick Road, Mechanicsburg,
Pennsylvania 17055, herein called "Leach," do agree as follows, intending to be legally bound:
The Martins hereby lease to Leach a portion of that certain utility building near the barn
at 1215 McCormick Road, Mechanicsburg, Pennsylvania, known to them as the "Annex,"
under the following terms:
The building may be divided into four areas: (1) The large `A-frame' main room,
including the bar area and the room behind it, as well as the furnace/utility room; (2) The
sauna, laundry and showerlbath room; (3) The garage area, including the gun safe; and (4) The
upstairs rooms, including the landing connecting the upstairs rooms with the second floor
outside door, the outside stairs, and the inside stairs.
1. Beginning October 1, 2004, Leach shall have the exclusive use of the large main
room, except that she will not use it after 6 PM on days when the Martins notify her in
advance that they or their guests will be occupying the upstairs. The parties shall share use of
the inside stairway and upper landing, as reasonably appropriate, for their joint use of and
access to the sauna/laundry/shower room area.
2. The Martins shall have exclusive use of the upstairs and the garage area at all times.
3. The Martins and Leach shall share use of the sauna/laundry/shower room, with Leach
having primary use from 8 A.M. until 6 P.M. on most days, and the Martins having primary
use from 6 P.M. until the next morning at 8 A.M. on most nights.
4. Leach shall pay the monthly rent of $600.00 on or before the first of each month, it
addition to the rent she pays for her use of the main house.
5. The term of this lease shall be co-extensive with the term of the lease on the main
house, provided, the amount of the monthly rent shall not increase until at least January 1,
2006, at which time the monthly rent shall increase to $650.00.
6. Since they will share use of the building, perhaps at the same times, both the Martins
and Leach shall not make unreasonable noise in or around the building at any time.
7. If the difference between the costs of electricity, fuel oil, and other utilities for the
entire building during the period of December 1, 2004, to May 31, 2005, shall be more than
150% over the base period December 1, 2003, to May 31, 2004, then the Martins and Leach
shall negotiate the terms of this agreement in June, 2005, to provide for Leach to bear a
portion of the costs of such items.
8. The general terms and conditions contained in the Lease between the parties as to the
main house shall apply to this lease, except the use of the portion of the Annex leased shall be
exclusively as a photographer's office and gallery, not a residence. All obligations of Leach
herein with respect to use of the building shall apply to herself, her customers, employees, and
guests on the premises. No portion of the property shall be used as a "darkroom" for use of
chemical development of photographic film, or similar use.
Lori
E.
(SEAL)
(SEAL)
(SEAL)
?,t I? ??f? "R " n 1 CF ,
HELEN E. MARTIN, and IN THE COURT OF COMMON PLEAS
THOMAS E. MARTIN, JR.
329 Lamborntown Road : CUMBERLAND COUNTY, PENN YLVANIA
West Grove, PA 19390
Plaintiffs
VS. CIVIL ACTION
LORI ANN LEACH
1215 McCormick Road No. 05 --1316 Civil
Mechanicsburg, PA 17055
Defendant
PUBLICATION
To The Honorable, the Judges of the said Court:
Your Petitioners bring this request for a Preliminary Injunction and aer as
follows:
1. Petitioners in this action are Helen E. Martin and Thomas E. Martin, Jr., br ther and
sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereina ter
referred to as the "Owners." Petitioners have filed a Complaint in this matte as well as
a Petition for a Preliminary Injunction.
2. Respondent Lori Ann Leach is an adult individual, who resides at 1215 Mc ormick
Road, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as the "te ant."
Respondent is named as Defendant in the aforesaid Complaint and Respond nt in the
Petition for a Preliminary Injunction.
3. As set forth in the Complaint and Petition, the averments of which are inc rporated
herein by reference thereto, Petitioners are owners and Respondent is tenant pursuant
to certain written agreements to lease buildings and curtilege to the tenant fo a
monetary consideration, which written agreements contain terms and condit ons.
4. Tenant has violated the terms of the aforesaid written agreements, and su h acts by
her pose immediate and irreparable harm to the Landlords as set forth in the
Complaint and Petition for a Preliminary Injunction.
5. The Sheriff of Chester County was given of the Complaint and the etition
for a Preliminary Injunction and the Rule to =Cause Cause issued by this Hono able
Court pursuant to that Petition on or about March 28, 2005, and paid the su of money
required by them, for service on the Defendant/ Respondent prior to this hea ing.
6. Defendant/ Respondent is aware of this action and has sought to evade ser?ice of
process as set forth in the attached affidavit.
7. Jarad W. Handelman, Esquire, a member of the bar of the Supreme Cow
Pennsylvania, advised the undersigned that he was attorney for the tenant
dated March 11, 2005, and subsequently by email agreed to accept service o:
However, thereafter Handelman advised the undersigned that he would no
service of process for the Defendant, that the Defendant would not attend tl
scheduled for March 28, 2005, and thereafter advised the undersigned that I
longer representing the Defendant/ Respondent with respect to these court
proceedings. Copies of relevant emails from him are attached hereto, mark
"C", and incorporated herein by reference thereto.
of
137 e-mail
process.
accept
e hearing
was no
Exhibit
S. The Owners will suffer irreparable harm if the tenant persists in violating the terms
of the lease and they will be precluded from full and peaceable enjoyment o their
retained interest in the use of the Annex property, and the main house may uffer
irreparable harm from odors, animal feces and urine, and other injuries if fu ther
violation of the terms of the agreement is allowed.
9. The rights of the owners to an injunction are clear and convincing and vio)?ation of
their legal rights in this matter is plain.
WHEREFORE, Plaintiffs pray for entry of a special order against the
authorizing service of process upon her pursuant to Pa.R.C.P.No. 430 by pi
and by mailing a copy of the pleadings to her at her street address.
THOMAS E. MARTIN, JR.
pro se and attorney for H
VERIFICATION
I verify that the statements made in this Petition are true and
understand that false statements herein are made subject to the penalties of ?18 Pa. C.S.
§ 4904, relating to unsworn falsification to authorities.
THOMAS E. MARTIN, JR.
From: "farad W. Handelman" <JWH@jsdc.com>
Subject: RE: 1215 McCormick Road
Date: March 24, 2005 11:53:45 AM EST
To: "Thomas Martin" <judiciary@att.net>
Cc: <la.leach3@verizon.net>
Dear Mr. Martin
I have not been retained to represent Ms. Leach in the injunctive
proceedings. As I have advised you before, I will not be attending the
proceeding on Monday. If you plan to attend the proceeding without
serving Ms. Leach, so be it.
At this point you may contact Ms. Leach directly, unless and until she
advises me she wants me any more involved in the case than I have been
I will not respond to any communication from you beyond this response,
unless directed otherwise by Ms. Leach. This has more to do with the
scope of my representation than any professional courtesy that you
believe warrants responses from me to the incessant a-mails you send.
Good luck
/s/ Jared W. Handelman
-----Original Message-----
From: Thomas Martin [mailto:judiciary@att.net]
Sent: Thursday, March 24, 2005 11:21 AM
To: Jarad W. Handelman
Cc: Heather King; Bonnie Martin; Helen Martin
Subject: 1215 McCormick Road
Dear Mr. Handelman
Confirming the voicemail message I left for you at your office this
morning, unless you contact me by the end of business today I shall
assume that you no longer represent Ms. Leach and I shall deal with her
directly.
I would prefer to deal through you and have attempted to afford the
customary professional courtesies in that regard, notwithstanding what
we consider to be the extremely unreasonable conduct by your client.
However, you have not responded to several of my most recent emails.
Naturally, we reserve all of our rights under the lease, including the
right to enter the house we own at reasonable times under reasonable
circumstances with reasonable advance notice, under the circumstances.
We make this statement partly because we understand that Ms. Leach has
attempted to evade service of process by the Sheriff. If necessary, we
shall serve her by publication according to the Rules of Civil
Procedure.
For your information, we intend to appear before Judge Bayley in
Carlisle on Monday afternoon at the return date for our Petition and
the Rule to Show Cause which has been issued, regardless of whether you
or your client appear, and shall ask the judge for appropriate relief
at that time. Your client stays away from the hearing at her peril.
Exhibit "C" - page 1 of 5
Tom Martin
Thomas E. Martin, Jr., Esq.
201 S. Broad Street, P.O.Box 392
Kennett Square, PA 19348
(610) 444 0285
FAX (610) 444 5460
Cell (484) 643 0515
Exhibit "C" - page 2 of 5
From: "Jarad W. Handelman" <JWH@jsdc.com>
Subject- RE: 1215 McCormick Road
Date, March 15, 2005 11:30:59 AM EST
'fo: "Thomas Martin" <judiciary@att.net>
Dear Mr. Martin
I would be happy to accept service of the documents as opposed to you
incurring Sheriff's costs for service. My address is as follows:
James, Smith, Dietterick & Connelly, LLP
134 Sipe Avenue
Hummelstown, PA 17036
Phone: (717) 533-3280
Fax: (717_.533-2795
Kindly forward me the documents with an Acceptance of Service form if
you like.
Frankly, the injunctive proceedings seem like a complete waste of time
considering there are no farm animals in the Annex or home, nor have
there ever been, with the exception of Friday and Saturday of last week.
Accordingly, I am not sure what harm it is that the injunctive relief
would be intended to cure, nor am I sure how an injunction would issue
considering the retention of farm animals in the home or Annex is not
ongoing.
My client will agree that there shall be no farm animals kept in the
home or Annex without your prior written consent, so long as you agree
to extend the horse boarding contract. Of course, I continue to
maintain that there was no violation of the lease, for either the Annex
or the home, however, incurring unnecessary costs of litigation to
redress an issue that is not even existing is not something my client
nor I wishes to endure. Now that the Easter photo shoots are over, Ms.
Leach has no need for such an accommodation until at the earliest next
Easter. Accordingly, it you would like to avoid traveling to Carlisle
for these unnecessary proceedings, please advise and we would be happy
to agree to the written consent provision you suggested, again, with
your agreement that the horse boarding contract will continue.
You may contact me by telephone to discuss this matter in further detail
if you wish. Otherwise, please advise as to how you would like to
proceed with the Complaint you filed.
/s/ Jarad W. Handelman
-----Original Message-----
From: Thomas Martin [mailto:judiciary@att.netj
Sent: Tuesday, March 15, 2005 5:13 AM
To: Jarad W. Handelman
Cc: Helen Martin
Subject: 1215 McCormick Road
Dear Mr. Handelman
Exhibit "C" - page 3 of 5
I have filed the Complaint and Petition which I sent to you yesterday
and, although I have not yet seen the order, I understand that a Rule
to Show Cause was signed and a court hearing on our request for a
Preliminary Injunction has been scheduled before Judge Bayley in
Carlisle for 1:30 P.M. on Monday, March 28, 2005.
I directed the Sheriff to serve a copy of the papers on your client,
Ms. Leach. If you care to avoid this, you may make alternate
arrangements with the Sheriff of Cumberland County to accept service of
process.
Tom Martin
Thomas E. Martin, Jr.
329 Lamborntown Road
West Grove, PA 19390
phone (610) 869 2382
cell (484) 643 0515
http://members.aol.com/Judiciary/A.html
Exhibit "C" - page 4 of 5
From: SafTeacher@aoLCOm
Subiect: Fwd: Lori Ann Leach - 1215 McCormick Road
Date. March 11, 2005 10'.47122 AM EST
To. Judiciary@att.net, StatutesPA@aOI.COM, SatTeacher@aol.com
Frem? "Jarad W. Handelman" <JWH@jsdc.com>
Cale- March 11, 2005 10:43:27 AM EST
To <satteacher@aol.cum>
Cc' <StatutesPA@aoI.com>
t5utnject Lori Ann Leach -1215 McCormick Road
Dear Ms. Martin:
Please be advised that I am an attorney with the law firm of James, Smith, Dietterick & Connelly, LLP in Hershey, Pennsylvania. "have been retained by
Lori Ann Leach, the tenant in the above-referenced residence, as well as the occupant of the lower level of the Annex adjacent to this residence used by
Ms. Leach for her photography business, both properties of which I understand you are a co-owner. Ms. Leach has consulted will ¶¢ me concerning ongoing
problems she is having with her tenancy at the above-referenced location in an effort to put an end to any obstacle to her peacef I enjoyment of the
premises, and to hopefully avoid future problems that will be unnecessarily time consuming and costly to all parties involved.
The most pressing matter, and the only one I am addressing in this correspondence, is obstruction of Ms. Leach's operation of her holography business,
particularly over the course of today, Friday, March 11, 2005 and Saturday, March 12, 2005. Ms. Leach has advised me that in thperformance of Easter
photo sessions, she is employing the use of a baby lamb. The lamb is being kept on the premises in Ms. Leach's care only until t conclusion of the
photo sessions on Saturday, March 11, 2005. Ms. Leach has advised that you have provided rather stern commands that the lam must be removed from
the premises immediately.
Please accept this correspondence as Ms. Leach's directive that she does not wish to receive any further threatening or harassing ommunicalions from
you concerning this issue. Ms. Leach is not violating any provision of her lease, neither for the residence nor for the business pre ises. She is caring for
the lamb and taking extraordinary measures to ensure that the lamb does not cause any damage or disturbance while on the prem as, including having the
lamb wear a diaper. She has utilized a lamb for purposes of these photo sessions for years and the use of the lamb is a unique f lure of Ms. Leach's
photo sessions that garners her several thousands of dollars in photo sales for her time and effort expended in the completion it a photo shoots. The
lamb will not be removed from the premises as you have instructed, unless you can identify some specific lease violation you belie a is being committed, or
some other concern that would justify the removal of the animal from the premises. Frankly, I do not understand the objection to a Iamb on the
particularly in light of the exclusive care and control for the animal being exercised by Ms. Leach, coupled with the fact t
premises t you have horses on
,
the premises. The property is hardly animal-free, making your objections not only unreasonable, but contrary to the accepted pro ice on the remainder of
the premises.
I trust that you will comply with the requests respectfully posed herein for your cessation of all communication with Ms. Leach con rning this matter.
However, if you do not and there is any consequence to Ms. Leach's business as a result of your actions, including any interferen with the performance
of the photo shoots today and tomorrow, or communication with clientele on the premises that is detrimental to Ms. Leach's busine s, you are advised that I
will take any and all action necessary to redress such impermissible conduct, including but not limited to, seeking reimbursement o all lost profits caused
by your actions in a court of law.
Again, there are many issues that need to be addressed concerning problems that have arisen in Ms. Leach's peaceful enjoyment f the residence which
she leases from you, as well as her boarding of horses on the premises, in addition to the matters addressed above. I will cormsp nd with you regarding
such matters under separate cover after having more time to consult with Ms. Leach. This letter is intended only to address the o ration of Ms. Leach's
business, specifically the performance of the photo shoots occurring today and tomorrow on the premises. If you have questions, r wish to discuss this
matter in further detail, do not address such issues with Ms. Leach. Instead, address your comments and/or questions directly to e. I trust there will be
no need for further communication on this subject.
Thank you for your kind attention and anticipated cooperation.
/s/ Jared W. Handelman
Exhibit "l - page 5 of 5
>
t ) ? j O
'i"f
f?
T -;1
t 1 (''
?.J
cY,
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
Vs.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON
CUMBERLAND COUNTY,
CIVIL ACTION
No. 05 --1316 Civil
SPECIAL ORDER FOR SERVICE OF PROCESS
AND NOW, this -.o? day of t? 2
consideration of the Petition for Service by Publication filed in t
the Petition is granted. Plaintiff shall serve the Defendant p
Pa.R.C.P. No. 430 with a copy of the Complaint and the F
Preliminary Injunction filed in this matter on March 14, 2005, ar
to Show Cause issued the same date by publication once e
Cumberland County Law journal and in a newspaper of general
within Cumberland County, and by mailing a copy of the Cc
copy of the Petition and Rule aforesaid, and a copy of this Sp(
and the Petition for Special Order and accompanying affidz
Defendant at 1215 McCormick Road, Mechanicsburg, Pennsyl,,
by ordinary United States first class mail.
The Rule to Show Cause entered on March 14, 2005,
March 28, 2005, is hereby made eturnable with a hearin on
for a Preliminary Injunction n? 13, -2-00 S
_o'clock in court room number L 1
BY THE COURT,
r Q??Pn ?a
OF
VANIA
5, upon
matter,
suant to
tion for
the Rule
1 in the
.plaint, a
al Order
t to the
da 17055
request
2005, at
-in
i
- `
(jr,
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
vs.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON
CUMBERLAND COUNTY,
CIVIL ACTION
No. 05 --1316 Civil
Heather A. King, an adult individual, who resides in the
New Cumberland, Cumberland County, Pennsylvania, being
according to law, deposes and says:
OF
,VANIA
of
sworn
1. She is an adult individual and is employed full time by elen E.
Martin and Thomas E. Martin, Jr., Esquire, as a farm/barn manag r of the
property at 1215 McCormick Road, Mechanicsburg, Pennsylvania 1 055.
2. On or about March 23, 2005, she observed the S riff of
Cumberland County attempt to make service of process n the
Defendant/ Respondent, Lori Ann Leach, by delivering a copy f legal
papers to her at her residence.
3. Because the vehicle customarily driven by Ms. Leach was parked
outside her house all the time the deputy Sheriff was knockin at the
door, the undersigned believes Ms. Leach was inside the r sidence
neglecting or refusing to come to the door to accept the legal pape s when
the deputy Sheriff summoned her to the door by knocking. 11 11
4. Shortly after the deputy Sheriff left the Leach reside ri ce, the
vehicle customarily driven by the Defendant/ Respondent was driven
away from the residence by someone, and the undersigned believe it was
Ms. Leach because she is the only person of legal age to drive the vehicle
who resides in the house, and the vehicle is the one Ms. Leach cust marily
drives.
5. On or about March 24, 2005, the Sheriff attempted I gain to
deliver legal papers at the same location but Ms. Leach was not ho e.
a-?1
Heather A. King
Sworn to and subscribed
before me this ) ? day of
March, 2005.
Notarial Seal
Robert J. Reese, Notary P.M.
L ilver Sprm Twp., Cumberland Co
s on Expires Aug, Ip, ;
official Member, Pennsylvania Assoriadon of N
rvJ
Q7
?J?
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2005-01316 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MARTIN HELEN E ET AL
VS
LEACH LORI ANN
R. Thomas Kline , Sheriff
He therefore returns
, who being duly
according to law, says, that he made a diligent search and inq*iry for
the within named DEFENDANT , to wit:
LEACH LORI ANN
unable to locate Her in his bailiwick
COMPLAINT & NOTICE
RULE TO SHOW CAUSE
sworn
t was
NOT SERVED , as to
the within named DEFENDANT LEACH LORI ANN
1215 MCCORMICK RD
MECHANICSBURG, PA 17055
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO
SERVE DEFENDANT AT GIVEN ADDRESS.
Sheriff's Costs: So answers--
Docketing 18.00 -:-
Service 14.80
Postage .37 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
43.17 THOMAS E MARTIN JR
03/28/2005
Sworn and subscribed to before me
this ?-V,. day of If
(L4 I
JProthonotary
w
t
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
VS.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- EQUITY
No. OS-131
TEMPORARY INIUNCTION
AND NOW, this day of I . (v1 2005, after hearing
in this matter and upon consideration of the Petition and any responses
filed,
The Respondent/ Defendant Lori Ann Leach is enjoined from taking
any animals onto the premises subject to the leases from the
Petitioners/ Plaintiffs without their advance, written consent, until further
order of this court.
The Respondent/ Defendant Lori Ann Leach is enjoined from
putting or maintaining any locks or other barriers on the door separating
the garage in the so-called Annex from the sauna/ shower/ laundry room
area in the leased premises until further order of this court.
The court shall retain jurisdiction of this matter. L) vxi?\
-t-z- D*4
uAo-k C?SS 'cl BY THE COURT,
J.
A ? T o as nlar??
Ma1td 4, Lori ANN LEAUf
,C'G AV Y'V"
ut??y? ??V ?a oa ?? ?
G' :I a C l udtl HE
J,
Any 'iJi ?, - r 1
HELEN E. MARTIN AND
THOMAS E. MARTIN, JR.,
PLAINTIFFS
V.
LORI ANN LEACH,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-1316 CIVIL TERM
/IORDER OF COURT
AND NOW, this ?t._ day of April, 2005, the petition of plaintiffs to
amend their complaint, IS GRANTED. The amended complaint may be filed within
twenty (20) days of this date.
By the Court,
Edgar B. BaylLjr, J.
Xomas E. Martin, Jr., Esquire
239 Lamborntown Road
West Grove, PA 19390
,,Zori Ann Leach, Pro se
1215 McCormick Road
Mechanicsburg, PA 17055
:sal
f 11 'w
1 2 'z' h 121 '3 SGLl
J7LLr
HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
VS.
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
No. 05 -4316 Civil
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this
Amended 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 amended 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166,--?
Thomas E. Martin, Jr., pro se ail as
Helen E. Martin t
P.O.Box 392
Kennett Square, Pennsylvania 19348
(610) 444 0285
Supreme Court Identification No. 16055
for
AMENDED COMPLAINT
1. Plaintiffs in this action are Helen E. Martin and Thomas E. Martin, Jr., brother and
sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
referred to as the "Owners."
2. Defendant Lori Ann Leach is an adult individual, who resides at 1215 McCormick
Road, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as the "tenant."
3. On or about August 5, 2004, the tenant offered in writing to lease and rent from the
Owners a certain dwelling house with garage and pool and curtilege owned by the
Owners, located at 1215 McCormick Road, Mechanicsburg, Cumberland County,
Pennsylvania, for a period ending July 31, 2006, at the rental rate of $1,400. per month
until July 31, 2005, and $1,500.00 per month thereafter until July 31, 2006.
4. On or about August 11, 2004, the Owners accepted the offer by signing the writing
executed by the tenant, hereinafter referred to as the "lease," a true and correct copy of
which is attached hereto, marked Exhibit "A", and incorporated herein by reference
thereto.
5. The lease was prepared for the parties in handwriting by an agent of Jack Gaughen
Realtor ERA, a licensed Pennsylvania real estate broker, on a standard Pennsylvania
Association of REALTORS@ form
6. On or about September 24, 2005, both the Owners and the tenant executed a certain
written Agreement, hereinafter referred to as the "Annex lease," which extended the
lease to cover other premises on the land owned by the Owners near the other
buildings and land rented to the tenant, a true and correct copy of which additional
writing is attached hereto, marked Exhibit "B", and incorporated herein by reference
thereto. The Annex lease was prepared for the parties by Thomas E. Martin, Jr., one of
the Owners.
7. By Exhibit "A" the tenant and the Owners were obligated to comply with certain
terms of the lease in consideration of the sums of money agreed to be paid by the
Tenants to the Owners in timely fashion.
8. By Exhibit "B" the tenant and the Owners were obligated to comply with those
same terms of the lease with respect to the other premises in consideration of
additional sums of money agreed to be paid by the Tenants to the Owners in timely
fashion.
9. Tenants agreement (the "lease") provided, in part, that
"17. PETS
Tenant will not keep or allow any pets on any part of the Property, unless
2
checked below
o Tenant may keep pets with Landlord's written permission according to the
terms of the attached Rules and Regulations."
10. There was no check or other mark in the box which indicated that tenant was
allowed to keep pets on part of the leased property with written consent of the
Owners, and the Owners never granted to the tenant any permission for her to keep
any such pets.
11. Tenant's agreement (the "Annex lease") provided, in part, that
"8. The general terms and conditions contained in the Lease between the parties as to
the main house shall apply to this lease, except the use of the portion of the Annex
leased shall be exclusively as a photographers office and gallery, not a residence. All
obligations of Leach herein with respect to use of the building shall apply to herself, her
customers, employees, and guests on the premises. No portion of the property shall be
used as a'darkroom' for use of chemical development of photographic film, or similar
use."
12. In addition to the use of the so-called Annex by the tenant as a photographer's
office and gallery, part of it is used by the Owners and their guests as a part-time
residence and part of the Annex is used by the Owners and their business employees as
a garage and workshop.
13. Certain portions of the Annex were to be used jointly by the tenant and the
Owners and their guests and employees.
COUNT ONE -- HORSE. LAMB. AND RABBITS IN LEASED BUILDINGS
14. The averments contained in paragraphs 1 through 13 above are incorporated
herein by reference thereto.
15. During the month of February, the Owners received information which they
believe, and therefore aver, that the tenant took a full sized horse into the Annex for
some purpose associated with her photography.
16. During the month of March, the Owners received information which they believe,
and therefore aver, that the tenant took a lamb and rabbits into the Annex for some
purpose associated with her photography.
17. Whether or not farm animals are "pets," they are not permitted in the Annex or
any other buildings leased to the tenant without the consent of the Owners, and the
Owners advised the tenant of this fact.
3
18. Notwithstanding such demands by the Owners, the tenant has refused to agree
that she will not take farm animals into the buildings leased by her from the Owners.
19. Maintenance of farm animals in the buildings leased by the tenant will result in
health concerns, smells, soiling from feces and urine, sounds, and similar other obvious
and objectionable aspects which interfere with the rights of the Owners and the
peaceable enjoyment of the Owners' portion of the Annex as a part-time residence.
20. Jarad W. Handelman, Esquire, attorney for the tenant, advised the plaintiffs by e-
mail dated March 11, 2005, that tenant refused to remove farm animals from the Annex
as demanded by the Owners.
WHEREFORE, Plaintiffs pray for entry of an injunction against the Defendant
ordering her to cease and desist from taking any farm animals into the buildings she
leases from the Owners without their advance written consent, and judgment against
the tenant for costs of suit, and to grant declaratory relief concerning the meaning of
the terms of the written agreements, and to grant such other relief as the court may
deem appropriate and adequate.
COUNT TWO -- MUTUAL USE OF ANNEX
21. The averments contained in paragraphs 1 through 20 are incorporated herein by
reference thereto.
22. Immediately after taking possession of the Annex pursuant to the Annex lease, the
tenant installed a lock on the door between the garage and the sauna/shower/laundry
room which prevents the Owners and their authorized guests to enter the
sauna/ shower/ laundry room from the garage without a circuitous route and extreme
inconvenience and interference.
WHEREFORE, Plaintiffs pray for entry of an injunction against the Defendant
ordering her to cease and desist from interfering with use of the sauna/ shower/
laundry room and access to the sauna/shower/laundry room from the garage without
the advance written consent of the Owners, and judgment against the tenant for costs
of suit, and to grant declaratory relief concerning the meaning of the terms of the
written agreements, and to grant such other relief as the court may deem appropriate
and adequate.
4
COUNT THREE -- APPORTIONMENT OF EXPENSES FOR ELECTRICITY, ETC.
23. The averments contained in paragraphs 1 through 22 are incorporated herein by
reference thereto.
24. Unknown to the Owners and the tenant alike, at the times the Owners agreed to
lease the house and Annex to the tenant the meters which gauge electricity use for the
property did not segregate the usage of electricity by the tenant from electricity usage
by the Owners and their employees for the rest of the property.
25. In consequence of this mutual mistake of fact, the Owners agreed to transfer of all
bills for electricity usage from the name of the tenant to the name of the Owners until
changes could be made by a qualified electrician to meter the electrical usage
exclusively by the Owners and the electrical usage exclusively by the tenant.
26. Because of the sharing of the Annex building contemplated by the Annex lease, the
costs of electricity and other utilities including heat for the Annex were to be
apportioned between the Owners and the tenant according to a schedule set forth in
the Annex lease, which provides as following:
"7. If the difference between the costs of electricity, fuel oil, and other utilities for
the entire building [the Annex] during the period of December 1, 2004, to May 31, 2005,
shall be more than 150% over the base period December 1, 2003, to May 31, 2004, then
the Martins [the Owners] and Leach [the tenant] shall negotiate the terms of this
agreement in June, 2005, to provide for Leach to bear a portion of the costs of such
items."
27. Because of impossibility of performance of the June, 2005, term regarding
negotiation of tenant paying a portion of the costs of electricity, fuel oil, and other
utilities for the Annex, the tenant should pay a portion of the costs of such electricity,
fuel oil, and other utilities for the Annex to be determined by mutual agreement, or
order of this court, rather than nothing.
WHEREFORE, Plaintiffs pray for entry of an order determining what portion of the
costs of fuel oil, electricity, and other utilities should be paid by the tenant after June,
2005, for the rest of the term of the lease, and judgment against the tenant for costs of
suit, and to grant declaratory relief concerning the meaning of the terms of the written
agreements, and to grant such other relief as the court may deem appropriate and
adequate.
5
COUNT FOUR -- UNPAID RENT DUE BECAUSE OF ACCELERATION CLAUSE
28. The averments contained in paragraphs 1 through 27 are incorporated herein by
reference thereto.
29. The tenant has failed to make full payment of the rent reserved to the owners and
Jarad W. Handelman, Esquire, a member of the bar of the Supreme Court of
Pennsylvania, advised the undersigned that he was attorney for the tenant by e-mail
dated March 11, 2005, and subsequently by email dated March 18, 2005, advised the
undersigned that tenant no longer would honor her contract. A copy of the March 18
email from him is attached hereto, marked Exhibit "D", and incorporated herein by
reference thereto.
30. Pursuant to paragraph 23 of the lease tenant now owes the balance of the rent
reserved by the lease because Tenant agreed that if she violated the lease the payment
of rent would be accelerated.
31. The only payments made by Tenant since January 1, 2005, until March 31, 2005,
have been as follows:
January 3, 2005 $ 2,000.00
February 5, 2005 991.35
March 8, 2005 1,237.64
32. On or about April 1, 2005, Tenant tendered only $112.70 to Landlord as "Rent--April
05" instead of the normal monthly rent due of $2,000.00, which tender has been refused
by the Landlord.
33. The unpaid rent due to the Landlord by the Tenant is as follows:
4 months through July 31, 2005, at $2,000.00 per month, and thereafter
12 months through July 31, 2006 at $2,100.00 per month.
WHEREFORE, Plaintiff prays for judgment against the Defendant for accelerated
unpaid rent in the amount thirty-three thousand two hundred dollars ($33,200.00).
COUNT FIVE -- COSTS OF ELECTRICITY FOR MAIN HOUSE
34. The averments contained in paragraphs 1 through 33 are incorporated herein by
reference thereto.
35. Tenant has debited the owner with costs for electricity billed to her which were hers
6
to pay under her lease, has failed to pay electricity used by her which was billed to the
owner, and has used amounts of electricity unneeded by her or her family which was
billed to the owner.
WHEREFORE, Plaintiffs pray for entry of an order determining what tenant
owes for electricity for the rest of the term of the lease.
COUNT SIX -- DECLARATORY TUDGMENT AS TO DEDUCTIONS
CLAIMED BY THE TENANT
36. The averments contained in paragraphs 1 through 35 are incorporated herein by
reference thereto.
37. Tenant has demanded that owner pay certain charges for maintenance and upkeep
of the swimming pool and other unknown charges related to the leased premises, by
deductions from rent tendered and otherwise, which demands owner denies they owe.
WHEREFORE, Plaintiffs pray for entry of an order determining what tenant
owes and judgment against the tenant for costs of suit, and to grant declaratory relief
concerning the meaning of the terms of the written agreements, and to grant such
other relief as the court may deem appropriate and adequate.
THOMAS E. MARTIN, JR.
pro se and attorney for Helen
VERIFICATION
I verify that the statements made in this Amended Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§ 4904, relating to unsworn falsification to authorities.
THOMAS E. MARTIN, JR.
RESIDENTIAL LEASE LR
mnrRMl.Tl0.90lPAa1.
LANDLORD'S BUSINESS TIONSH H PA LICENSED BROKER
BROKER(Ce any) PHONE /JO/&
AGENT FAX -7 Ff
ADDRESS 7d / -3 - //° `S7'
Designated Agent(s) for Landlord, if applies 1 .
OR
Broker is NOT the Agent for Landlord and is a/an: ? AGENT FOR TENANT ? TRANSACTION LICENSEE
TENANT'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) PHONE
AGENT FAX
ADDRESS
Designated Agent(s) far Tenant, if applicable:
OR
Broker is NOT the Agent for Tenant and is a/an: ? AGENT FOR LANDLORD ? SUBAGENT FOR LANDLORD ? TRANSACTION LICENSEE
When the same broker is Broker for Landlord and Broker for Tenant, Broker Is a Dual Agent AN of Broker's RAemees are also Dual Agents UNLESS there
are separate Designated Agents for Landlord and Tenant If the same Licensee is designated for Landlord and Tenant, the Licensee Is a Dud Agent.
Broker(s) may perform service, to assist unrepresented parties In complying with the terms of thin Lase.
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This LEASE,
between
Called -Landlord," also
11 9 TENANT(S)4-•r?? c1 /.sir
a' _ called "Tenanl'^
for the Pro?peerty located t? 74 _
..X./_'l _(1. . _ .I / I called "Property"
ac _T_cnant is individually resporisoe for all obligations of thil Lease, including rent, late fees, damages and other costs
CO-SIGNERS
Co-signers: _
Each Co-signer is individually responsible for all obligations of this Lease, including rent, late fees, damages and other costs.
Co-signers do not have the right to occupy the Property as a Tenant without the Landlord's prior written permission.
LANDLORD CONTACT INFORMATION
Payable:
Address:
Phone:?%-?/
Maintenance Requests:
Contact:
Address: _
Phone: _Fax: _
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et.,J G/o- P4 pp g 7 RENTAL TERM
START AND END ATES OF LEASE (also called "Terri 20
(A) Start Date: at /.2 a.m21
(B) End Date: 2(..71feL , at _1.2-a.m. m 22
RENEWAL TERM (check one) 23
? This Lease will AUTOMATICALL REN for a term of (also called the 24
"Renewal Term") at d1e End Date of this Lease or at the end of y Renewal Tenn unless: 25
1. Tenant gives Landlord at least days written notice before End Date or before the end of any Renewal Tenn, OR 26
2. Landlord gives Tenant a[ least- days written notice before End Date or before the end of any Renewal Term. 27
? This Lease will TERMINATE on fhe End Date unless extended in writing. 26
RENT AND DEPOSIT
29 6. RENT
_71? 29
30 (A) Rent is due in advance, without demand, on or before the
day of each month.
r 30
31 (B) 4's 1V ...............$/ )- _31
The total Rent due each month d.... :
f(
//
'
32 (C) The total amount of Rent due dur of g the Term is: ..............
.
..................... ...................................... $
2j .N 32
33 (D) If Rent is more than y< days late, Tenant pays a Late Charge of'. /C2.'d ...............................$ 33
34 (E) All other payments due from Tenant to Landlord, including Late Charges or utility charges, are considered t Additional 34
35 Rent. Failure to pay this Additional Rent is a breach of the Lease in the same way as failing to pay the regular Rent. 35
36 (F) Tenant agrees that all payments will be applied against outstanding Additional Rent that is due before they will be applied 36
37 against the current Rent due. 37
30 (G) Tenant will pay a fee of $ r? for any payment that is rearmed by any financial institution for any reason. Any 3e
39
40
(H) Late Charges will continue to apply until a valid payment is received. y
Landlord will accept the following methods of payment ? Cash 11!tMoney Order --y Personal Check 39
40
41 ? Credit Cards ? Other: ? Other: 41
42 7.. PAY _
MENT SCHEDULE
Due Date Paid Due 42
43 (A) p
Security Deposit, held in escrow by: 43
u Held at (financial institution):
45 (B) First month's rent: $ $ 46
,s (C) Other: Jew 9 /9 or/- 9 ?d $ $ Bye, N 46
47 (D) Otherv $ $ _ 47
48 Total Rent and security deposit received to date: ............................. ....................... 46
ins Total amount due .................................................................................. ...1: ...... Y.. $ r 49
50 Tenant In itials:Itc_ LR Page I of 4 Lan ord Initials
1 COPYRIGIIT PENNSYLVANIA ASSOCIATION OF REAL 260
P"nVay1vmtm Aaaoolatlon of ?
1/03
R
EAITOR
S'
I
I
.
7:L // / +
,
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.......?.+ 1\ `tai JI l
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51 W. RETURN OF SECURITY DEPOSITS (see Information Regarding Security Deposits on back) 51
52 (A) When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's new mail- 52
53 ing address where Landlord can return the Security Deposit. 53
u (B) Within 30 days after Tenant moves from the Properly, Landlord will give Tenant a written list of any damage to the s4
55 Property that Landlord claims Tenant is responsible for. 55
so (C) Landlord may deduct repair costs and any unpaid rents from Tenant's Security Deposit. Any remaining Security Deposit 66
sr will be returned to Tenant within 30 days after Tenant moves from the Property. 57
CARE AND USE OF PROPERTY
so 9. USE OF PROPERTY AND AUTHORIZED OCCUPANTS 5e
59 (A) Tenant will use Property as a residence ONLY. 59
60 (B) Not more than pie will live on Property. List all other occupants who are not listed as Tenants in 89
s1 paragraph 1: 61
62 n
/ ? ttw.9
8 C
!
62
at 10. POSSESSION
` 63
64 (A) Tenant may move in (take possession of the Property) on the Start Date of this Lease. 64
as (B) If Tenant cannot move in within ?C days after Start Date because the previous tenant is still there or because of 85
e6 property damage, Tenant's exclusive rights are to: 66
67 1. Change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property er
68 is available; OR 6e
69 2. End the Lease and have all money already paid as rent or security deposit returned, with no further liability on the as
70 part of Landlord or Tenant. 70
11 11. LANDLORD'S RIGHT TO ENTER 71
72 (A) Tenant agrees that Landlord or Landlord's representatives may enter the Property at reasonable hours to inspect, repair, 72
73 or show the Property. Tenant does not have to allow possible tenants to enter unless they are with the Landlord or 73
74 Landlord's representative, or they have written permission from the Landlord. 74
75 (B) When possible, Landlord will give Tenant_a_4/ hours notice of the date, time, and reason for the visit. 75
76 (C) In emergencies, Landlord may enter Property without notice. If Tenant is not present, Landlord will tell Tenant who was 76
77 there and why within 24 hours of the visit. 71
18 (D) Landlord may put up For Sale or For Rent signs on or near Property, 76
79 12. CONDITION OF PROPERTYAT MOVE IN 79
so Tenant has inspected the Property and agrees to accept the Property "as-is," except for the following: s9
at
-- al
82 82
63 13. APPLIANCES INCLUDED 83
94 Stove 0 Refrigerator K Dishwasher ? Washer ? Dryer ?W Garbage Disposal - ? Microwave 84
95 Air Conditioning ?Other ?Other 85
s6 Landlord is responsible for repairs to appliances listed above unless otherwise stated here: as
07 at
99 14. UTILITIES AND SERVICES s9
69 Landlord and Tenant agree to pay for the charges for utilities and services provided for the Property as marked below. Ifa serv- as
9o ice is not marked as being paid by the Landlord, it is the responsibility of Tenant to pay for that service. Landlord is not respon- 9o
91 Bible for loss of service if interrupted by circumstances beyond the Landlord's control. 91
02 Landlord Tenant Landlord Tenant 92
93
94 pays pa 5 pays my$
Air Conditioning
? WCooking Gas N? 93
94
95 1?
? Electricity . ? /-' Cable Television 95
0e El Heat, &:'k 11 ? Condominium Fee 99
97 ? 'Hot Water ? ? Parking Fee 97
08 1XI ? Cold Water ? ? Maintenance of Common Areas 98
99 ? .$[Tmsh Removal ? ? Pest/Rodent Control 99
100 791 ? Sewage Fees 451 Snow/lee Removal 190
tot ? ? Sewer Maintenance ? JR Telephone Service, 101
102 3 )N Lawn and Shrubbery Care ? -a 102
103 ? ? Heater Maintenance Contract ? ? T 193
194 Comments: foo
105 105
fob 15. TENANT'S CARE OF PROPERTY . 106
far (A) Tenant will: 107
108 1. Keep the Property clean and safe, 108
109 2. Dispose of all hash, garbage and any other waste materials as required by Landlord and the law. 109
110 3. Use care when using any of the electrical, plumbing, heating ventilation or other facilities or appliances on the 110
III Property, including any elevators, 111
112 4. Tell Landlord immediately of any repairs needed and of any potentially harmful health or environmental conditions. 112
113 5. Obey all laws. 119
114 (B) Tenant will not: 114
115 1. Keep any flammable, hazardous and/or explosive materials on the Property. 115
lie 2. Destroy, damage or deface any part of the Property or common areas. Via
117 3. Disturb the peace and quiet of other tenants or neighbors. 11147
Ira 4. Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant 11e
149 agrees that any changes or improvements made will belong to the Landlord. 119
IN S. Perform any maintenance or repairs on the Property unless otherwise stated in the Rules and Regulations, if any. 120
121 (C) Tenant is solely responsible to pay the costs for repairing any damage that is the fault of Tenant or Tenant's family or 121
122 guests. 122
123 Tenant Initials: LR Page 2 of 4 Landlord Initial .pi'm/T ff-sak
124 16. SUBLEASING AND TRANSFER 124
125 (A) Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new 125
126
127 landlord.
(B) Tenant may not transfer this Lease or sublease (rent to another person) the Property or any part of the Property without US
127
128 Landlord's written permission. 128
129 17. PETS 129
1m Tenant will not keep or allow any pets on any part of the Property, unless checked below. 130
131 ? Tenant may keep pets with Landlord's written permission according to the terms of the attached Rules and Regulations. 131
132 18. RULES AND REGULATIONS tae
133 (A) Rules and Regulations for use of the Property and common areas are attached. ? Yes ? No 133
134 (B) Any violation of the Rules and Regulations is a breach of this Lease. 134
165 (C) Landlord may change the Rules and Regulations if the change benefits the Tenant or improves the health, safety, or wel- 135
136 fare of others. Landlord agrees to provide all changes to Tenant in writing. 136
137 (D) Tenant is responsible for Tenant's family and guests obeying the Rules and Regulations and all laws. 137
138 19. SMOKE DETECTORS AND FIRE PROTECTION SYSTEMS tab
139 (A) Landlord has installed smoke detectors in the Property. Tenant will maintain and regularly test smoke detectors to be suit 139
149 they are in working order, and will replace smoke detector batteries as needed. 149
141 (B) Tenant will immediately notify Landlord or Landlord's agent of any broken or malfunctioning smoke detectors. 141
142 (C) Failure to properly maintain smoke detectors, replace smoke detector batteries or notify Landlord or Landlord's agent of 142
143 any broken or malfunctioning smoke detectors is a breach of this Lease. 143
144 (D) Landlord may provide additional fire protection systems for the benefit of Tenant. Responsibility for maintaining these 144
145 systems is stated in the Rules and Regulations, if any. 145
US (E) Tenant will pay for damage to the Property if Tenant fails to maintain smoke detectors or other fire protection systems. 146
147 20. LEAD-BASED PAINT HAZARD DISCLOSURES FOR PROPERTY BUILT BEFORE 1978 147
148 ? Property was built in or after 1978. This paragraph does not apply. 14a
149 X Property was built before 1978. Landlord and Tenant must provide information in this paragraph. 149
150 (A) Landlord does not know of any lead-based paint or lead-based paint hazards on the Property unless stated below: 150
151 Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. Landlord 151
152 _
most explain what Landlord knows about the lead-based paint and hazards, including how Landlord learned that it 152
Ila is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord most give Tenant any 153
154 other information Landlord has about the lead-based paint and lead-based paint hazards. 154
155 (B) Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property unless slat- lea
156 ed below: 156
157 _ Landlord has given Tenant all available records and reports about Lead-based paint or lead-based paint hazards on 157
158 the Property. List records and reports: _ 158
159 159
160 (C) Tenant initial all that are true: 160
161 Tenant has received the pamphlet Protect Your Family From Lead in Your Nome. 161
162 _ Tenant has read the information given by Landlord in paragraph 20 (A) and (B) above. 162
163 Tenant has received all records and reports that Landlord listed in paragraph 20 (B) above. 163
164 (D) Landlord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge. 164
465 21. DESTRUCTION OF PROPERTY 165
166 (A) Tenant will notify Landlord or Landlord's agent immediately if the property is severely damaged or destroyed by fire or 166
tar by any other cause. Tenant will immediately notify Landlord or Landlord's agent of any condition in the Property that 167
Ise could severely damage or destroy the Property. I%
169 (B) If the Property is severely damaged or destroyed for any reason: 169
170 1. Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and 170
171 Landlord until the damages are repaired, OR 171
172 2. If the law does not allow Tenant to live on the Property, this Lease is ended 172
173 (C) If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant, 173
174 (D) If Tenant, Tenant's family, or Tenant's guests cause damage by fire or by other means, this Lease will remain in effect and 174
vs Tenant will continue to pay rent, even if Tenant cannot occupy the Property. 175
176 22. INSURANCE AND RELEASE 176
177 (A) Tenant understands that Landlord's insurance does not cover Tenant, Tennnt's property, or Tenant's guests. Tenant is 177
176 advised to obtain property and liability insurance to protect Tenant, Tenant's property and Tenant's guests who may be ire
179 injured while on the Property. t79
160 ? IF CHECKED, Tenant most have insurance policies providing at least $ property insurance tea
lei and $ liability insurance to protect Tenant, Tenant's property and Tenant's guests who may 181
1e2 be injured while on the Property. Tenant most maintain this insurance through the entire Term and any Renewal Tenn. 1s2
183 Tenant will provide proof of insurance upon request. 183
184 (B) Landlord is not legally responsible for any injury or damage to Tenant or Tenant's guests that occurs on the Property. 184
1e5 (C) Tenant is responsible for any loss to Landlord caused by Tenant, Tenant's family or Tenant's guests, including attorney's fees. Its
E
186 23. LANDLORD REMEDIES IF TENANT BREACHES LEASE in
107 (A) If Tenant breaches Lease for any reason, Landlord's remedies may include any or all of the following: 187
196 1. Taking possession of the Properly by going to court to evict Tenant. Tenant agrees to pay Landlord's legal fees and 188
189 reasonable costs, including the cost for Landlord or Landlord's agent to attend court hearings. 189
190 2. Filing a lawsuit against Tenant for rents, damages and unpaid charges, and for rents and charges for the rest of the too
1s1 Lease term. If Landlord wins (gets a money judgment against Tenant), Landlord may use the court process to gar- is1
192 nish Tenant's wages and take Tenant's personal goods, furniture, motor vehicles and money in banks. 192
193 3. Keeping Tenant'd Security Deposit to be applied against unpaid rent or damages, or both. 193
194 (B) If Tenant breaches Lease for any reason, Landlord can begin eviction proceedings without written notice. 194
195 TENANT WAIVES OR GIVES UP TENANT'S RIGHT TO A NOTICE TO MOVE OUT UNLESS A DIFFERENT tos
196 NOTICE PERIOD IS STATED HERE: 196
197 197
198 Tenant Initials:- LR Page 3 of 4 Landlord India
,FG v? ( tl It
rC Tl ('t? /? - !P.3
1199}24, TENANT ENDING LEASE EARLY in
200 Tenant may end this Lease and move out of the Property before the End Date of the Lease or any Renewal Term only with writ- 200
zot ten permission of Landlord, and only if?:
tten notice, AND
ri
ives Landlord at least days w
Tenant
A 201
202
'
,/
g
202 (
)
203 (B) Tenant pays Landlord a Termination Fee of ell , AND =3
204 (C) Tenant continues to pay all rent until the End Date of the Lease, or any Renewal Term, or until a new tenant is approval 2nd
205 by Landlord and a new lease takes effect, whicbeva happens first. 205
Zoe 25. ABANDONMENT -
207 (A) If Tenant abandons Property while Rent is due and unpaid, Landlord has the right to take possession of the Property 205
207
2M immediately and to rent the Property to another tenant 208
209 (B) Any of Tenant's personal property or possessions remaining on the Property after Tenant moves out will be considered Zoe
210 to be abandoned property. Landlord will have the right to remove and dispose of any abandoned property in any man- 2m
211 net determined by Landlord. Tenant will pay for the cost of removal and disposal of abandoned property.. 211
212 26. SALE OF PROPERTY 212
213 (A) If Property is sold, Landlord will give Tenant in writing: _ 213
214 1. Notice that the Security Deposit has been given to the new landlord, who will be responsible for it. 214
215 2. The mmne, address and phone number of the new landlord and where rent is to be paid, if known. 215
216 (B) Tenant agrees that Landlord may transfer Tenant's Security Deposit and advanced rent to the new landlord. 216
217 (C) Landlord's responsibilities to Tenant under this Lease end after the Property has been sold and the Lease transferred to it 217
216 new landlord. 218
219 (D) If Landlord sells the Property during the Lease or any Renewal Tem. Landlord has the right to terminate this Lease if 219
220 Landlord gives at least (,, Q days written notice to Tenant Tenant is not entitled to any payment of damages. 220
221 27. IF GOVERNMENT TAKES PROPERTY 221
222 (A) The government or other public authority can take private property for public use. The taking is called condemnation. 222
223 (B) If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the 223
224 Property is taken or is no longer usable, this Lease will end and Tenant will move out. Landlord will return to Tenant any 224
225 unused Security Deposit or advanced rent. 226
226 (C) No money paid to Landlord for the condemnation of the Property will belong to Tenant. 226
ADDITIONAL TERMS
227 28. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. The 227
22a rights of the mortgage lender come before the rights of the Tenant. (Example: If Landlord fails to make mortgage payments, 226
229 the mortgage lender could take the Property and end this Lease.) 229
230 TENANT MAY BE WAIVING OR GIVING UP TENAN'T'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE 230
231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 231
232 29. CAPTIONS The headings in this Lease are meant only to make it easier to find thepamgraphs. 232
233 30. ENTIRE AGREEMENT This Lease is the entire agreement between Landlord and Tenant. No spoken or written agree- 203
234 ments made before are a part of this Lease unless they are included in this Lease in writing. No waivers or modifications of 234
235 this Lease during the Tern of this Lease are valid unless in writing signed by both Landlord and Tenant 235
230 NOTICE BEFORE SIGNING: If Tenant has legal questions, Tenant is advised to consult an attorney. 236
237 If Landlord or Tenant are represented by a licensed real estate broker, Tenant and/or Landlord acknowledge receipt of the 237
238 Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336 and/or §35337. 238
239 By signing below, Landlord and Tenant acknowledge that they have read and understand the notices and explanatory infor. 239
240 mation set forth I this Lease /? 24a
241 WITNESS TENANT LL- ? DATE ° y 241
242 WITNESS TENANT -DATE 242
243 WITNESS
2" WITNESS
245 WITNESS
245 WITNESS
247 WITNESS LANDLORD
248 WITNESS LANDLORD
Us
244
245
246
247
249
249 Brokers'/Licensees' Certifications By signing here, Brokers and Licensees involved in this transaction certify that: (1) The infomia- 249
250 tion given is hue to Ore best of their knowledge; AND (2) They have told Landlord of Landlord's responsibilities under the Residential 20
1s1 r...a.-._ao.._.v-..- o-?.._..-_ ...................... . .. .. . . ... ._. .
h it
c
? 0 A t CS
C . . r
RULES REGULA'PIONS AND SPECIAL CLAUSES.
Marked -items are a part of the lease for (Property Address)
111 - PET CLAUSE - (SEPARATE FORM)
IJ 112 - MILITARY CLAUSE - (SEPARATE FORM)
113 - OIL TANK CLAUSE ?
Tenant agrees that oil tank is /O2 dd full. at start' of lease
and Tenant upon ending. date will have tank at same level.
}?'?„/'?r-Ga+
Tenant agrees to buy oil from
N4 - PROPERTY FOE SALE CLAUSE
Landlord shall have the right during reasonable hours' and
weekends with 24 hours notice to show said property for sale,
provided that a buyer is with a licensed real estate agent.
Lock box and sign are to remain on the property during the term
of l:he listing contract.
LI 115 - FIREPLACE CLAUSE
Fireplace will 'be inspected and/or cleaned prior to start date
of lease. Tenants agree to have. fireplace inspected and/or
cleaned within one month of ending date and provide a copy of
inspection of fireplace.
X 116 - LAWN CARE CLAUSE
Lawn care is described as cutting grass once a week, edging and.
weeding flower beds and shrubbery triiaming.
O 117 -.HOMEOWNERS ASSOCIATION - LAWN & SNOW.
The Ilomeowners Association is responsible. for lawn care and snow
removal. Neither the owner/Landlord nor Jack Gaughen Property
Management is responsible for these, services. -
I] 118 - NO SMOKING CLAUSE
'tenants agree not to allow smoking inside the house at anytime
by themselves or Guest.
11 119 - GUARANTOR CLAUSE
I (We) do agree to be responsible for the true and faithful
performance of the lease to the Landlord on the. part of the
named tenant(s) and, I (we) do guarantee any and all sums due to
Landlord thereunder. This guarantee shall be in effect for the
term of the lease.
X 1110 - RENT PAYMENT CLAUSE
The monthly rental p yment will be paid with one check.
HARDWOOD FLOORS CLAUSE
Tenant agrees to protect the hardwood . floor(s) by, covering 808
with area rugs and hallway runners.
? -1112 - WELL WATER TREATMENT CLAUSE
Tenant will buy and use the salt supply for the water softener..
Any damage from discontinuing use of. water softener will be
charged to the Tenants. -
1113 - BARKING DOG CLAUSE
Tenant agreesthat,i; the dog's barking disturbs the neighbors,
Tenant. shall immediately remove same from premises.
1[14 -.ADDITIONAL SPECIAL CLAUSES ,. /
tnn ' 'd or Lmullor 's i - Tempt _ Etn_ I I
Dole: 9 /0 / Date: O q
Revised 207- 1 -
1W ?,
Guests are permitted. A guest is avisitot for two '(2( Weeks or .lees..:.
TENANT UTILITIES. - COMPANY 'PHONE HVMBER
i
Heat is: ok. 6
Hot Water is:. p
7 Electricity 14: 7?
Cooking is: -
'Water is:
9eNer ie: U /yT
.
'Trash removal is:
V
Association Fee
-Filter replacements
Telephone is: IFOD."?o
TV Cable is: t ep: _
CARPET SHAMPOOING
Tenants will have the. carpets professionally shampooed at the end of the
lease and must provide a receipt to Landlord. -
-:PET POLICY
. No pets or animals of any kind are permitted an or within the leased -
property except as described below:
PET CLAUSEattached as part of this Isees: Yes No
bISCL09URE9: -
Landlord has made the following 'disclosures regarding the property, Which
are attached and made a part: of this Lease agreement: -
Water Potability KY septic ? ?.,.
TERMINATION OP LEA.9E.
'• Tenant agree at `a full month's. rentis,dse for.eny month`in Which there
Is 'partial occupancy at 'the te,rmigation of -the lease.
APPLIANCES. AND, PERSONAL PROPERTY ,INCLUDED '.WITH PRUPNRTY:
The appliances-below are providedfor' the 'Tenant's use. Lahdlord LO
'.'
-
raspbhsible-for the repair or replacement of these items-. Tenant must tell
Landlord if any of these items. are' not workingproperly.
A\ refrigerator range/stove -IN dishwasher •. garbage disposal
El Washer. ? dryer ?- lawn mower. ?' freezet
window unit air conditiohere (sy_1 ?
-The appliancea/items,.marked off below ate provided for the-Tenan0b use.
Landlord IsNor reapoNslbla goy the Yepair.or replacement of these Stems. If'
repairs are needed,. Tenant may decide to repair these. items,at the Tenant's
'eXpdnaai. Landlord still owns these items. Tenant must: tell Landlord if any
item. is not working properly. Landlord hasright -to decide' whether to remove
the item:
.? . refrigerator ?. washer ? dryer " ?l . lawn mower - ? freezer
'-? window unit air caj;ditioggre?(,g7?
LANDLORD'S 9IGNA
>MANAGING AGENT'S
`DIETING AGENT'S
.? -TENANT' TENANT'S SIGNATU,
"±:TENANT'e. SIGNATU
'TENANT'S 9IGNATU
DATE
0810412004 12:55 717-249-8999, JGR ERA CARLISLE
8411312004 15:19 717-249-8999 JGR ERA CARLISLE PAGE 09/10
r,ruc err u?
JACK GAUGBEN RE"TOR, ERA
REN'T'AL AND PROPERTX MANAGEMENT
ADDENDUM TO EXCLUSIVE RIGHT TO RENT AGREEMENT
Dateofustlng' u I 1 -6) CoA , A
Property Address: J Z,15 M `_ c (,,mlcl.' c aA? - rnkggirs)3 PA
owner(s): ?n ra M rse'L a,,A IA I em IvI ?Q
OWNER'S WATER SUPPLY DISCLOSURE
We, the undersigned Owner(s) acknowledge that our water supply is provided by private well
situated on the property. We further acknowledge that a haver vraV Jack Qaugheo Realtor,
ERA Property Management through their agent,ero_ ^' ?-? , that:
Place a (? where applicable:
To the best of our knowledge, my/our water source is potable and safe for buman
consumption wiibatttrrannera.
My/our water source is not safe for human consumption
Mytour water source is potable with the use of
Type of Treatment
Not applicable, Wster supply is public.
OWNA. 'S PRIVATE ON-LOT SEWAGE SYSTEM DISCLOSURE
Wc, the undersigned Owner's herein disclose that o r roe is serviced by the following type of private
on4ot sewage systan:
Place a () where applicable:
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To ire best of our knowledge, our private a-lot sewage system is in good working order, with the
following exception;
Landlord:
Landlord:
Date:
Coavisimonal septic system
Sand mound septic system
Holding tank (no drain fields)
Cesspool
otbar,
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o rr
40B/04/2004 12:55 717-249-6999 JGR ERA CARLISLE PAGE 10/10
Date: .,w?W??
t2l
TENANT'S ACKNOWIZDGM'ENT
Tmaot(s) heteby aolmowledge Owner(s) disclosure rcgn*ug the water supply and private moot sewago
system setvieiugtbe above tuenticmed property. y
Date: Tenant; 'A fYLf% Q
Aare: Tout: /
Date: TCM=
Rev. 40!99
AGREEMENT
This ' - day of September, 2004, Thomas E. Martin, Jr.,, and Helen E. Martin,
brother and sister, of 329 Lamborntown Road, West Grove, Pennsylvania 19390, hereinafter
called "the Martins," and Lori Ann Leach, of 1215 McCormick Road, Mechanicsburg,
Pennsylvania 17055, herein called "Leach," do agree as follows, intending to be legally bound:
The Martins hereby lease to Leach a portion of that certain utility building near the barn
at 1215 McCormick Road, Mechanicsburg, Pennsylvania, known to them as the "Annex,"
under the following terms:
The building may be divided into four areas: (1) The large `A-frame' main room,
including the bar area and the room behind it, as well as the furnace/utility room; (2) The
sauna, laundry and showeribath room; (3) The garage area, including the gun safe; and (4) The
upstairs rooms, including the landing connecting the upstairs rooms with the second floor
outside door, the outside stairs, and the inside stairs.
1. Beginning October 1, 2004, Leach shall have the exclusive use of the large main
room, except that she will not use it after 6 PM on days when the Martins notify her in
advance that they or their guests will be occupying the upstairs. The parties shall share use of
the inside stairway and upper landing, as reasonably appropriate, for their joint use of and
access to the sauna/laundry/shower room area.
2. The Martins shall have exclusive use of the upstairs and the garage area at all times.
3. The Martins and Leach shall share use of the sauna/laundry/shower room, with Leach
having primary use from 8 A.M. until 6 P.M. on most days, and the Martins having primary
use from 6 P.M. until the next morning at 8 A.M. on most nights.
4. Leach shall pay the monthly rent of $600.00 on or before the first of each month, in
addition to the rent she pays for her use of the main house.
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5. The term of this lease shall be co-extensive with the term of the lease on the main
house, provided, the amount of the monthly rent shall not increase un't'il at least January 1,
2006, at which time the monthly rent shall increase to $650.00.
6. Since they will share use of the building, perhaps at the same times, both the Martins
and Leach shall not make unreasonable noise in or around the building at any time.
7. If the difference between the costs of electricity, fuel oil, and other utilities for the
entire building during the period of December 1, 2004, to May 31, 2005, shall be more than
150% over the base period December 1, 2003, to May 31, 2004, then the Martins and Leach
shall negotiate the terms of this agreement in June, 2005, to provide for Leach to bear a
portion of the costs of such items.
8. The general terms and conditions contained in the Lease between the parties as to the
main house shall apply to this lease, except the use of the portion of the Annex leased shall be
exclusively as a photographer's office and gallery, not a residence. All obligations of Leach
herein with respect to use of the building shall apply to herself, her customers, employees, and
guests on the premises. No portion of the property shall be used as a "darkroom" for use of
chemical development of photographic film, or similar use.
(SEAL)
(SEAL)
Helen E.
(SEAL)
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From: "Jarad W. Handelman" <JWH@jsdc.com>
Subject: Lori Ann Leach
Date: March 18, 2005 11:44:11 AM EST
To: "Thomas Martin" <judiciary@att.neb
Cc: <Ia. leach3@verizon. net>
Dear Mr. Martin:
You are advised that Ms. Leach is in the process of attempting to move both her residence and business from your property. Accordingly, you need not
address any more frivolous and trivial matters such as those addressed in your prior correspondence to me, nor to Ms. Leach. In fad, the frequency,
subject, and lone of your a-mails speaks volumes as to the constant harassment, intimidation, and lack of professionalism that Ms. Leach has advised me
accompany all of her communications with you, your sister, and the barn manager.
Due to your failure to property repair, maintain, and service the property you rent to Ms. Leach, coupled with your improper reference to matters outside
the scope of your lease with Ms. Leach in an effort to force her into complying with your unreasonable demands, as well as your harassment and
intimidation of Ms. Leach as evidenced by your recent e-mail communication and the employment of your barn manager to watch and report on all Ms.
Leach's conduct, as well as frustration of Ms. Leach's business and general disruption of her peaceful enjoyment of the premises, you have constructively
evicted Ms. Leach from the premises. Rather than sue you for such constructive eviction, Ms. Leach is leaving the premises as soon as possible. In this
regard, Ms. Leach will vacate the property no later than July 31, 2005. The lease will be considered terminated as soon as Ms. Leach has secured
alternative housing for her family and her business. No further payments will be made once she has vacated the property.
As for your frivolous injunctive matter, you are advised that I will not be entering my appearance in the proceeding as it is a complete waste of time and
Ms. Leach will most likely not be entering a defense to the action. I would expect you could see that an injunctive proceeding is pointless under these
circumstances, but if your thirst for litigation and the expenditure of time on such trivial matters as those addressed in your a-mails is any indication, I
expect you will proceed.
If you choose to bring litigation against Ms. Leach following her departure from the premises, we will raise the aforesaid defense of your constructive
eviction of her from the premises.
/s/ Jared W. Handelman
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
No. 05-1316 Civil Term
LORI ANN LEACH, CIVIL ACTION
Defendant
NOTICE TO PLEAD
TO: Plaintiffs, Helen E. Martin and Thomas E. Martin, Jr.
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof or your Complaint may be dismissed.
LATSHA DAVIS YOHE & MCKENNA, P.C.
By
Glenn R. Davis
Attorney I. D. No. 31040
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendant, Lori Ann Leach
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
No. 05-1316 Civil Term
LORI ANN LEACH, CIVIL ACTION
Defendant
ANSWER TO AMENDED COMPLAINT
WITH NEW MATTER
AND NOW, COMES, Defendant, Lori Ann Leach, by and through her attorneys,
Latsha Davis Yohe & McKenna, P.C., and files this Answer to the Amended Complaint
and states as follows:
Admitted.
2. Admitted.
3. Denied. The averments of this paragraph make reference to a written
document, which document is not attached, and which purportedly speaks for itself.
To the extent that the averments of this paragraph refer to Exhibit "A," it is admitted
that Defendant, Lori Ann Leach (hereinafter referred to as "Defendant" or "Leach")
executed the residential lease offered by Plaintiffs, Helen E. Martin and Thomas E.
Martin, Jr. (hereinafter collectively "Plaintiffs") through their agent, a Pennsylvania
licensed real estate broker, Jack Gaughen Realtor ERA.
4. Denied as stated. It is denied that owner accepted the "offer." To the
contrary, owner executed the lease which is attached as Exhibit "A" on the aforesaid
date to consummate the agreement between the parties.
5. Denied. It is denied that the lease was prepared for the parties. The lease,
attached as Exhibit "A," is a form recommended and approved for members of the
Pennsylvania Association of REALTORS& and was prepared by Jack Gaughen Realtor,
who is the agent for Plaintiffs. The lease, therefore, was not prepared for the parties but
rather prepared for the Plaintiffs.
6. Denied. The referenced document, Exhibit "B," which is represented to be
the "Annex lease" is dated September 25, 2004, not as averred by the Plaintiffs. It is
admitted that the document was drafted and prepared by Thomas E. Martin, Jr., who is
understood to be an attorney licensed by the Supreme Court of Pennsylvania. The
remaining averments of this paragraph attempt to characterize a written document,
which document speaks for itself.
7. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required.
8. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required.
9. Denied. The averments of this paragraph attempt to characterize a
written document, which document speaks for itself.
10. Denied. The averments of this paragraph attempt to characterize a
written document, which document speaks for itself. By way of further answer, prior to
98429 2
the Defendant moving into the property, there was a discussion between Plaintiffs and
Defendant with regard to Defendant's family dog and two cats. It was agreed between
the parties that Defendant could bring the two cats to the premises so long as they
remained house cats and not be allowed to access the barn. Plaintiffs represented that it
had taken them some time to eliminate wild cats from the barn and they did not want a
repopulation of cats in the barn. As a result of this discussion, Defendant made other
arrangements with regard to their family dog, however, brought their two cats to the
leased premises as agreed to by the parties.
11. Denied. The averments of this paragraph attempt to characterize a
written document, which document speaks for itself.
12. Admitted in part and Denied in part. It is admitted that the annex is used
by Defendant as her photography office and gallery. It is also admitted that the
Plaintiffs and their guests occupy part of the annex, from time to time, as a vacation
retreat. It is denied that the owners and their business employees use the garage and
workshop in any limited type capacity. To the contrary, these areas are used as part of
the commercial operation which, upon information and belief, is in violation township
zoning and ordinance regulations. Moreover, owners have directed their business
employees along with commercial customers to use the sauna/laundry/shower room
area at any time and not subject and subservient to the primary use of Defendant,
especially between the hours of 8:00 a.m. and 6:00 p.m. as set forth in the Annex lease.
13. Denied. The averments of this paragraph attempt to paraphrase a written
document, which documents speaks for itself. By way of further answer, the Annex
98429 3
does provide for joint use by the Defendant and employees of the owner. To the
contrary, certain areas are to be jointly and reasonably used at established times
between the Defendant, Plaintiffs and their "guests."
COUNT ONE
Horse, Lamb, And Rabbits In Leased Buildings
14. Defendant incorporates its responses to Paragraphs 1 through 13 above as
if set forth fully herein.
15. Denied. At no time did Defendant take a full-size horse into the annex.
Strict proof at time of trial is demanded.
!6. Admitted. On several occasions in March 2005, and as use as
photographic props for her business, Defendant employed the use of a lamb and baby
rabbit in photography session. At the end of each session, the lamb or baby rabbit were
removed from the annex. During the use of such props, provisions were made to avoid
damage to the leased premises.
17. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required. To the extent that a responsive pleading is
required, it is admitted that a discussion took place between Plaintiffs and Defendant
with regard to Defendant's use of a lamb and baby rabbit as props in Easter pictures.
18. Denied. To the contrary, as a result of a discussion between Plaintiffs and
Defendant, Defendant understood an agreement had been reached with regard to her
use of the lamb and baby rabbit as props during Easter pictures.
98429 4
19. Denied. The averments of this paragraph are speculative as Defendant
does not maintain farm animals in any buildings leased by Defendant. Moreover, it
must be further stated that Plaintiffs operate a commercial horse business on the
remaining area of their property not leased to Defendant which results in smells, feces,
urine, sounds and similar other obvious and objectionable aspects as Plaintiffs now
allege interfere with their use of the premises.
20. Denied. The averments of this paragraph attempt to characterize a
written document, which written document speaks for itself. Strict proof at time of trial
is demanded.
WHEREFORE, Defendant, Lori Ann Leach, requests this Honorable Court deny
a requested injunction and issue judgment in Defendant's behalf and grant such other
relief as the Court may deem appropriate and adequate.
COUNTTWO
Mutual Use Of Annex
21. Defendant incorporates its responses to Paragraphs 1 through 20 above as
if set forth fully herein.
22. Denied. Defendant installed an inside latch on the door between the
garage and the bathroom so that while the bathroom was in use, the privacy to herself
and her business customers would be assured. Since Defendant had primary use of this
area between 5:00 a.m. and 6:00 p.m., this should be of little concern to Plaintiffs.
Moreover, joint use of this area was only designated for Plaintiffs and their guests and it
was represented by them that such use would be on a limited basis. At no time was the
98429 5
area to be jointly shared between Defendant and Plaintiffs' employees and customers of
their horse stables. To the contrary, initially, and while the horse stables were under
different management, Plaintiffs had placed outside portable bathrooms on their
property for use by their employees and horse business customers. At a time when
their horse business came under new management, upon information and belief,
Plaintiffs had the portable bathrooms removed and directed employees and customers
to use the jointly shared bathroom at any time desired and in violation of the Annex
lease. Such use was never agreed to between the parties. Moreover, the use discussed
and agreed to between the parties has not been inhibited by Defendant in any manner.
WHEREFORE, Defendant, Lori Ann Leach, requests this Honorable Court deny
a requested injunction and issue judgment in Defendant's behalf and grant such other
relief as the Court may deem appropriate and adequate.
COUNT THREE
Apportionment Of Expenses For Electricity Etc.
23. Defendant incorporates its responses to Paragraphs 1 through 22 above as
if set forth fully herein.
24. Admitted in part and Denied in part. It is admitted that at the time
Defendant entered into the lease for the house and annex, she was unaware that the
entire property, which included the barn and various outbuildings which are run by
owners as a commercial horse business, were metered through the electric meter for
which she had established an account with PPL and paid for the electricity. It is denied
that owners were unaware of this fact. To the contrary, upon information and belief,
98429
due to owners' knowledge of and use of the property, they should have been well
aware that they did not pay for electricity but rather, surreptitiously were passing the
bill and costs off to the Defendant. It was only after Defendant questioned the
extremely high electric bills that she learned that the owners' commercial usage was
also being measured by the meter servicing her leased premises and paid by her.
Defendant was required to contact Plaintiffs with regard to this matter and only after
repeated inquiries, did Plaintiffs reluctantly agree to transfer the account into their
names. Upon information and belief, the agreement to transfer occurred only after
Plaintiffs learned that there would be a wiring cost associated with establishing separate
metering, which cost they elected not to incur.
25. Admitted in part and Denied in part. It is denied that there was any
mutual mistake of fact with regard to the electric metering. It is admitted that owners
reluctantly agreed to transfer the account into their names until separate and accurate
metering on separate circuits could be established by an electrician. Plaintiffs have
failed to make any type of full restitution to Defendant for her having unwittingly paid
for the electricity consumed by Plaintiffs' commercial operation from the beginning of
her occupancy of the leased premises through the changeover of the account.
26. Denied. The averments of this paragraph attempt to characterize a
written document, which written document speaks for itself. Strict proof at time of trial
is demanded.
27. Denied. The averments of this paragraph constitute a conclusion of law to
which no responsive pleading is required. To the extent that a responsive pleading is
98429
required, there can be no impossibility of performance as June 2005 is not yet upon the
parties. Moreover, Plaintiffs have not established that the triggering event has occurred
nor that such triggering event is even applicable since Plaintiffs have altered the use of
the premises from their admitted part-time residence to a commercial use. Such
alteration obviously has a different cost associated with consumption of electricity, fuel
oil and other utilities, which consumption was never contemplated by Defendant in the
negotiations of the Annex lease.
WHEREFORE, Defendant, Lori Ann Leach, requests that judgment be entered on
her behalf and that the Court grant such other relief as it may deem appropriate and
adequate.
COUNTFOUR
Unpaid Rent Due Because Of Acceleration Clause
28. Defendant incorporates its responses to Paragraphs 1 through 27 above as
if set forth fully herein.
29. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required. To the extent that a responsive pleading is
required, the averments of this paragraph are denied as they refer to written
documents, which documents speak for themselves. Moreover, the document attached
as Exhibit "D" only evidences the pattern of conduct undertaken by the Plaintiffs along
with their employees and shows that Plaintiffs have failed to properly repair, maintain
and service the property rented to Defendant. Additionally, Plaintiffs and their
employees have undertaken a constant pattern of harassment, intimidation, and acts
98429 8
which interfere with Defendant's right to peaceful enjoyment of the leased premises.
Plaintiffs' actions constitute a breach of the lease and Annex lease, as well as
constructive eviction of Defendant from the leased premises.
30. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required.
31. Admitted. By way of further answer, certain credits were to have been
made from Plaintiffs to Defendant as a result of her overpayment in prior months.
Plaintiffs failed to identify the amounts of the credits and therefore Defendant was
forced to make an approximation of these credits in her lease payments.
32. Admitted in part and Denied in part. It is admitted that Defendant
tendered $112.70 to owners, which payment was refused. By way of further answer,
Defendant again took credit for prior payments which she made on behalf of Plaintiffs,
which payments when credited against her obligation constitute payment in full. By
way of further answer, Plaintiffs' actions during this period of time constitute
harassment and constructive eviction and deny her uninterrupted peaceful enjoyment
in her tenancy of the leased premises.
33. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required.
WHEREFORE, Defendant, Lori Ann Leach, requests that judgment be entered on
her behalf and that the Court grant such other relief as it may deem appropriate and
adequate.
98429
COUNT FIVE
Costs Of Electricity For Main House
34. Defendant incorporates its responses to Paragraphs 1 through 33 above as
if set forth fully herein.
35. Denied. To the contrary, upon information and belief, during the term of
the tenancy, Plaintiffs directed Defendant to have the electric meter placed in an
account under her name knowing full well that the electric usage for the commercial
property which was not part of any premises leased by Defendant was being billed to
her. Only upon Defendant learning that she had paid for Plaintiffs' electric usage for
months was the account placed in Plaintiffs' name. Defendant has requested Plaintiff to
reimburse her for the utilities bills which were inappropriately paid by her for the use
of Plaintiffs' commercial activity.
WHEREFORE, Defendant, Lori Ann Leach, requests that judgment be entered on
her behalf and that the Court grant such other relief as it may deem appropriate and
adequate.
COUNT SIX
Declaratory Tudgment As To Deductions Claimed By The Tenant
36. Defendant incorporates its responses to Paragraphs 1 through 35 above as
if set forth fully herein.
37. Denied. Tenant has only demanded that Plaintiffs pay for the
maintenance charges and upkeep which they are responsible for under the lease.
98429 10
Without regard to their obligations for maintenance and upkeep, Plaintiffs have refused
to maintain the premises and make certain necessary repairs, which obligation has
fallen upon Defendant.
WHEREFORE, Defendant, Lori Ann Leach, requests that judgment be entered on
her behalf and that the Court grant such other relief as it may deem appropriate and
adequate.
NEW MATTER
38. Defendant incorporates its responses to Paragraphs 1 through 37 above as
if set forth fully herein.
39. Plaintiffs' claims are barred in whole or in part because the Complaint
fails to state a claim upon which relief can be granted.
40. Plaintiffs' claims are barred in whole or in part by the doctrine of unclean
hands.
41. Plaintiffs assumed the risk of their conduct and the conduct of their
agents.
42. Any and all actions taken by Defendant in this matter were as a result of
the doctrine of justification.
43. Plaintiffs' claim for declaratory relief fails to state an appropriate claim
upon which such relief can be granted.
98429 11
WHEREFORE, Defendant, Lori Ann Leach, requests that judgment be entered on
her behalf and that the Court grant such other relief as it may deem appropriate and
adequate.
Dated: $ I xd CY5-
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By Oe?-Z- k.J
Glenn R. Davis
Attorney I. D. No. 31040
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendant, Lori Ann Leach
98429 12
VERIFICATION
The undersigned hereby deposes and states that he is the attorney for Defendant,
Lori Ann Leach, in the within action; that based upon the information provided to him
by Defendant, he is familiar with the facts set forth in the foregoing pleading, that the
same are true to the best of his knowledge, information and belief; and this Verification
is given pursuant to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn
falsification to authorities.
Dated: ??alo lpS C2`?c
Glenn R. Davis
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Answer to Amended Complaint was served by first-class, United States mail,
postage prepaid, upon the following:
Thomas E. Martin, Jr.
P. O. Box 392
Kennett Square, PA 19348
Dated: 5 akIQ O5
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Glenn R. Davis
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.
Plaintiffs No. 05-1316 Civil Term
Vs.
LORI ANN LEACH
Defendant
CIVIL ACTION
REPLY TO NEW MATTER
38. Plaintiffs incorporate the averments in their Amended Complaint in
Paragraphs 1 through 37 as a response to Paragraph 38 of the New Matter.
39. Denied generally as a conclusion of law.
40. Denied. The averment of "unclean hands" is denied because the
Plaintiffs have acted at all times in good faith and have not come to this matter with
"unclean hands". Because the averment of "unclean hands" in Paragraph 40 lacks
specificity or any explanation, the Plaintiffs are without knowledge or information
sufficient to form a further belief as to the truth of the averment so the averment is
denied and proof thereof is demanded at trial.
41. Denied generally as a matter of law and denied as a matter of fact. The
doctrine of "assumption of the risk" is inapplicable to a contract matter such as this.
Further, the Plaintiffs are without knowledge or information sufficient to form a
belief as to the truth of the averments with respect to the "conduct of their agents"
so the averments are denied and proof thereof is demanded at trial.
42. Denied generally as a conclusion of law.
43. Denied generally as a conclusion of law.
WHEREFORE, Plaintiffs pray for the relief demanded
Complaint. ?7
THOMAS E. MARTIN, JR., E
pro se and attorney for Helen
May 31, 2005
VERIFICATION
I verify that the statements made in this Reply to New Matter are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities.
576??2,?So
THOMAS E. MARTIN, JR.
CERTIFICATE OF SERVICE
I hereby certify that a true copy of Plaintiffs' Reply to New Matter was served
upon counsel for the Defendant by ordinary United States mail, postage prepaid, on
May 31, 2005, addressed as follows:
Glenn R. Davis, Esquire
Latsha Davis Yohe & McKenna, P.C.
P O Box 825
Harrisburg, PA 17108-0825
THOMAS E. MARTIN, JR.,
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( x ) for trial without a jury.
------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
HELEN E MARTIN
THOMAS E MARTIN JR
329 Lamborntown Road
West Grove, PA 19390
(Plaintiff)
LORI ANN E hCH
1215 McCormick Road
Mechanicsburg, PA 17055
VS.
( Defendant )
(Xx ) Civil Action - Law
( ) Appeal from Arbitration
(other)
The trial list will be called on 12/27/05
and
Trials commence on 01/23/06
Pretrials will be held on 01/04/06
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 05-1316 Civil 19
Indicate the attorney who will try case for the party who files this praecipe:
Thomas E. Martin, Jr.
Indicate trial counsel for other parties if known:
Glenn R. Davis, Esq.
This case is ready for trial.
Signed:
Print Name:
Thomas E. Martin,
Date: 10/24/05 Attorney for: Plaintiffs
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HELEN E. MARTIN and
THOMAS E. MARTIN, JR.,
PLAINTIFF
V.
LORI ANN LEACH,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-1316 CIVIL TERM
ORDER OF COURT
AND NOW, this day of November, 2005, a bench trial shall
commence at 8:45 a.m., Thursday, December 22, 2005, in Courtroom Number 2,
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Courf,Edgar B. Bayley,
&orhomas E. Martin, Jr., Esquire
239 Lamborntown Road
West Grove, PA 19390
,Tenn R. Davis, Esquire
P.O. Box 825
Harrisburg, PA 17108-0825 /
Court Administrator _ C
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
No. 05-1316 Civil Term
LORI ANN LEACH, CIVIL ACTION
Defendant
PETITION OF LATSHA DAVIS YOHE & MCKENNA, P.C.
FOR LEAVE OF COURT TO WITHDRAW
AS COUNSEL FOR LORI ANN LEACH
AND NOW, COMES, Petitioner, Latsha Davis Yohe & McKenna, P.C., and
presents this Petition to withdraw as counsel on behalf of Lori Ann Leach and in
support thereof, represents as follows:
On or about April 19, 2005, Lori Ann Leach ("Ms. Leach") requested that
Petitioner represent her in the above-captioned action, Docket No. 05-1316.
2. On or about April 26, 2005, an engagement letter was sent to Ms. Leach by
the undersigned on behalf of Petitioner to memorialize the scope and terms of its
representation of her.
3. Petitioner agreed to represent Ms. Leach at an hourly rate as well as
reimbursement for all costs incurred in the said representation. A copy of the fee letter
dated April 26, 2005, is attached hereto as Exhibit "A."
4. Ms. Leach agreed to the above fee agreement and assured Petitioner that
she would pay the aforesaid fees and costs on a monthly basis.
5. In reliance upon the above, Petitioner agreed to represent Ms. Leach in the
above-captioned matter. In addition, two further actions have been filed by the
Plaintiffs in the above-captioned matter with this Court, docketed at Nos. 05-3244 and
05-3245; Petitioner has entered an appearance and provided representation on behalf of
both of these matters.
6. Since April 2005 to the present, Ms. Leach has not made payment for legal
services rendered and costs incurred on her behalf. As a result, Ms. Leach has a
significant outstanding balance in her account owed to Petitioner.
7. Ms. Leach has been contacted on numerous occasions to address the
outstanding balance in her account and arrange for payment.
8. Ms. Leach has failed or refused to communicate with Petitioner regarding
this matter.
On October 24, 2005, Plaintiff in this matter praeciped this matter for trial;
upon receiving said Praecipe, the undersigned directed his administrative assistant to
call Ms. Leach on a daily basis so that arrangements for the preparation of the defense
could be made on her behalf.
10. Even though phone calls have been placed on a daily basis to Ms. Leach
and correspondence mailed, she has failed or refused to further communicate with
Petitioner regarding the above trial now scheduled for December 22, 2005.
11. Based upon the foregoing, Petitioner, Latsha Davis Yohe & McKenna,
P.C., cannot in good faith continue to represent Ms. Leach because Petitioner believes
that the attorney-client relationship has irretrievably broken down.
103734 2
WHEREFORE, Petitioner, Latsha Davis Yohe & McKenna, P.C., respectfully
requests that this Honorable Court grant its petition to withdraw as counsel for Ms.
Leach in the above matter.
Dated: 1d0 %%-1 d?
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
103734
l?
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C ?
__----,
LATSHA DAMS YOHE
& & McKENNA, PC.
ATTORNEYS AT LAW
PLEASE REPLY TO- Harrisburg
WRITER'S E- MAIL:
gdavis@Idylaw.com
April 26, 2005
Ms. Lori Ann Leach
1215 McCormick Road
Mechanicsburg, PA 17055
Re: Professional Services Engagement Letter
Our File No. 641-05
Dear Ms. Leach:
Our rules of professional ethics require us to set forth our fee arrangements in writing at
the commencement of a professional relationship.
With regard to our fees and billing practices, you will receive periodic statements from
our firm, usually monthly, detailing services rendered during the last billing period plus costs
and fees which were advanced on your behalf, such as filing fees, reproduction, postage, long
distance telephone costs, express mail fees, telecopier (fax), computerized research costs and
travel expenses. Each attorney and professional staff member prepares accurate and daily
time records for each file on which they work. Hourly rates are determined periodically by
our office, generally each year, and will vary according to the attorney who provides the
service(s) and the type of service(s) requested. There is a minimum charge of three tenths of
an hour for phone communications. There is a courier service fee for hand-delivery or filing
of documents. Travel time is from portal to portal. The hourly rates of our attorneys range
from $110.00 to $260.00. My current hourly rate is $225.00. Paralegal services are $95.00 per
hour, and the services of our law clerks are $95.00 per hour.
Unless otherwise agreed, we will perform services for you at our standard hourly rates.
Statements are due upon receipt and must be paid within thirty (30) days unless other
acceptable arrangements are made in advance.
Post Office Box 825 • Harrisburg, PA 17108.0825
4720 Old Gettysburg Road, Suite 101 • Mechanicsburg, PA 17055 • (717) 761-1880 • FAX (717) 761-2286
350 Eag(eview Boulevard, Suite 100 • Exton, PA 19341 • (610) 524-8454 • FAX (610) 524-9383
3000 Atrium Way, Suite 251 • Mt. Laurel, NJ 08054 • (856) 231-5351 • FAX (856) 231-5341
Maryland Telephone: (410) 727-2810
Ms. Lori Ann Leach
April 26, 2005
Page 2
We bring a team approach to our work product which is designed to provide
economically efficient and effective representation by matching the hourly rates and experience
of our attorneys and staff to the professional requirements of a particular matter. Where
appropriate, we attempt to utilize paralegals for more routine and repetitive matters with the
goal of reducing the overall cost without sacrificing any quality in the product.
We customarily assign the responsibility of coordinating all aspects of our representation
of a particular client to one attorney designated the "client coordinator." All work requests are
channeled through that professional, who is then responsible for coordinating all work
assignments. Of course, we encourage direct communication with the individual attorney(s)
working on a particular project. The client coordinator also is responsible for billing and
responding to all questions relating to client fees and our representation. I will be performing
the role of client coordinator for you.
It is our understanding that we have been retained to represent you with regard to
a civil complaint filed in the Court of Common Pleas, Cumberland County, Pennsylvania, at
Docket No. 05-1316, titled Helen E. Martin and Thomas E. Martin, Jr. v. Lori Ann Leach.
If at any time during the course of our professional relationship you have any questions
regarding our services or our fees, please raise them with me. We strongly encourage open and
frank discussions about our work product and fees. We find that good communication
enhances our professional relationship with our clients and facilitates our ability to address
effectively and economically the legal challenges facing them.
Please sign a copy of this letter confirming your agreement to its terms and return it to
our office. We thank you for the opportunity to perform legal services for you. Best regards.
Very truly yours,
Glenn R. Davis
/ hs
98163
Ms. Lori Ann Leach
April 26, 2005
Page 3
I agree to and accept the terms of professional engagement as described in this letter.
Lori Ann Leach
Dated:
99163
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served in the manner indicated upon the following:
Service by first-class mail and facsimile addressed as follows
Thomas E. Martin, Jr.
P. O. Box 392
Kennett Square, PA 19348
(610) 444-5460 (facsimile)
Service by first-class mail addressed as follows
Lori Ann Leach
c/o Lydia Waggoner
5105 Inverness Drive
Mechanicsburg, PA 17050-8318
Dated: L*x ?S I cs? G??Qa;c-3
Glenn R. Davis
a
DEC 1 9 2005
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
No. 05-1316 Civil Term
LORI ANN LEACH, CIVIL ACTION
Defendant
ORDER
AND NOW, this'' ay of December, 2005, upon consideration of Latsha Davis
Yohe & McKenna, P.C.'s Petition to Withdraw as Counsel for Lori Ann Leach, a Rule is
issued to show cause, if any, why the relief requested in the Petition should not be
granted. (???{.
Rule returnable _ ci -a M • „r.r,
C,t-N BY THE COURT; . - -1
1
J.
/- 1
I
HELEN E. MARTIN and
THOMAS E. MARTIN, JR.,
Plaintiffs
V.
LORI ANN LEACH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-1316 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of December, 2005, the petition
to withdraw as counsel for def
Thomas E. Martin, Esquire
Plaintiff
Glenn R. Davis, Esquire
For Defendant
Lori Ann Leach, Defendant
prs
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HELEN E. MARTIN and IN THE COURT OF COMMON PLEAS OF
THOMAS E. MARTIN, JR., CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
LORI ANN LEACH,
DEFENDANT 05-1316 CIVIL TERM
VERDICT
AND NOW, this 2Z " day of December, 2005, following a bench
trial, I find in favor of plaintiffs Helen E. Martin and Thomas E. Martin, Jr., and against
defendant Lori Ann Leach and award plaintiffs damages against defendant in the
amount of $17,000 plus legal interest from April 1, 2005.
Thomas E. Martin, Jr., Esquire
239 Lamborntown Road
West Grove, PA 19390
Lori Ann Leach, Pro se
5101 Inverness Drive
Mechanicsburg, PA 17055
Court Administrator
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HELEN E. MARTIN, and
THOMAS E. MARTIN, JR.
329 Lamborntown Road
West Grove, PA 19390
Plaintiffs
vs.
. IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
LORI ANN LEACH
1215 McCormick Road
Mechanicsburg, PA 17055 :
Defendant :
No. 05 --1316 Civil
PRAECIPE TO ENTER JUDGMENT
To the Prothonotary:
Kindly enter judgment in favor of the Plaintiffs and against the Defendant
in the amount of $17,000.00 plus costs, pursuant to the -ard or by Honorable
Helen E. Martin
P.O.Box 392
Kennett Square, Pennsylvania 19348
(610) 444 0285
Supreme Court Identification No. 16055
Thomas E. Martin, Jr., pros ands attorney for
?` C?'i ?r1a Ca
`M K
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w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
-? o M-fl S ? Nl f (7"-) Other
?F L<2 , ???i : File No. 2. G 65- " f 3/.g
vs. : Amount Due / 7 6-" , c'y
L-6 2 i N V L-EA ? Interest ? t-5-1 ('?v
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act16 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of (?A `'`'` "AS? County,
for debt, interest and costs, upon the following described property of the defendant(s)
All al?o+n q-<?P\&,1 -r- q..,u k p vn-e., - fi . C C' vv? e'r o' 9 , S C re_o,. S -e ti ?s e S
-u r? 7 C.- n 74 v %A ae. k 1'vt eS
-tf "? I C"'? J,
-6 -? ?'?C?I.Qit
/ PRAECIPE FOR ATTA HMENT EX CUTION L noo ?'?
`u^,P N f 17o i i
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
71 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(ss)rdessccribed in the attached exhibit.
Date Signature: -?.
Print Name: .1, r l
Address: t ?, S 4
?e h ne Tom- S ua/?-4 P? ? ! ? T-d'
Attorney for: r'? tti S
Telephone: 6 10 - ` CZkS
Supreme Court ID No.: 6 GS,S
(over)
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WRIT OF EXECUTION and/or ATTACHMENT
if a
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-1316 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THOMAS E. MARTIN, JR., AND HELEN E.
MARTIN, Plaintiff (s)
From LORI ANN LEACH, 2800 GETTYSBURG ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PHOTOGRAPHY
EQUIPMENT, CAMERAS, SCREENS, LENSES, FURNITURE OFFICE EQUIPMENT,
TELEPHONES, OFFICE MACHINES, INVENTORY OF PHOTOGRAPHY SUPPLIES
(PAPER, CHEMICALS, ETC.), PHOTOGRAPHS, ALBUMS, AND ANY OTHER
PROPERTY AT PORTRAITS FOR LIFE, 2800 GETTYSBURG ROAD, CAMP HILL, PA
17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,000.00
Interest $1,615.00
Atty's Comm %
Atty Paid $134.17
Plaintiff Paid
Date: SEPTEMBER 28, 2007
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
liepury
REQUESTING PARTY:
Name THOMAS E. MARTIN, JR., ESQ.
Address: 201 S. BROAD STREET
KENNETT SQUARE, PA 19348
Attorney for: PLAINTIFF
Telephone: 610-444-285
Supreme Court ID No. 16055
R. THOMAS KLINE
Sheriff
EDWARD L.SCHORPP
Solicitor
°0tv
of Cumber,
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
11/21/07
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
Thomas E. Martin, Jr.
a;
Helen E. Martine r'
vs
r
Lori Ann Leach ? -
_
Writ No. 2005-1316 Civil Term
Property Claim Determination t+;
Dear Sir,
Reference is made to Property Claim dated November 13, 2007, entered
by Lydia Waggoner, pertaining to Writ of Execution No. 2005-1316 Civil Term,
Thomas E. Martin, Jr. and Helen E. Martin -vs- Lori Ann Leach.
R. Thomas Kline, Sheriff, has determined that the claimant, Lydia Waggoner,
in the above mentioned property claim, is the owner of the property set forth therein.
So Answers:
pop
Thomas R. K1ine,15enl n
By
cc
Thomas E. Martin, Jr., Pltff
Helen E. Martin, Pltff
Lori Ann Leach, Deft
Lydia Waggoner, Claimant
Oct, 25, 2007 8:09k Cumberland Co. Sheriff
PROPERTY CLUM
F
-Helen E. Martin and
_ Thomas R. Martin, Jr.
IS
-Lori Ann Leach
TO TIM MERM OF C UMB&RI AND COUNTY, PENNSYLVANIA
No, 7773 P. 3
in the Cnurt of Common Plus of
Cumberland County, Pennsylvania
wilt No. 2005-1316
The grope rty & cad below and levied upon in this case is not the property of Ot defendant, but is the property of the
under sigrAd. A, list ofthe c:aimt,e property aLd the valm tbemf ww
LIST OF PROPERTY VwLUIC
-See attached. On the attachment, property levied upon has been identified as belonging either
to myself or to other persons. For purposes of this claim, I am claiming ownership of the
`property listed in the column underneath my name.
THE CLADWIT OBTAINED -ME TO T i a PROM r., AS FOL'.AW&
Many items purchased from Wolf Furniture. Other items were purchased from various stores.
Child chairs were given to me from my family.
t?6y'waala
cyof?'' Ly is Waggon
a -e pr- be!hg du!y s 7i ,r, to tea, aep; ,6es and enys that the
bove liar in thope rty el ai . « are ?
Swann aad s'.:bsenbed betbrv rr°e ?.__ -
/ X1_
T? day of v ZUa7
Ei
N Pub Lydia Waggoner
COMMONWEALTH ALTH OF PENNSYLVANIA
Notarial Seal
umberland Public
East Pennsbo o T 11. umber) CPub ie
My Commission Expires Oct. 23, 2008
Member, Pennsylvania Association of Notaries
Property Property
Property Belonging Belonging
Belonging To To Lydia To Lori
Louis Zelazny Waggoner Leach
Property Property
Property Belonging Belonging
Belonging To To Lydia To Lori
TOTALS: $2,933.00 $2,240.00 $818.00
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R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
of ?umbPrt?
VOW
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
11/21/07
c's ^J
C)
Thomas E. Martin, Jr. -V17-
-
Helen E. Martin ' a c
vs `. ..,
Lori Ann Leach
L:
iJ
Writ No. 2005-1316 C .._..
ivil . = = =
Property Claim Determinatic r
Dear Sir,
Reference is made to Property Claim dated November 13, 2007, entered
by Louis Zelazny, pertaining to Writ of Execution No. 2005-1316 Civil Term,
Thomas E. Martin, Jr. and Helen E. Martin -vs- Lori Ann Leach.
R. Thomas Kline, Sheriff, has determined that the claimant, Louis Zelazny,
in the above mentioned property claim, is the owner of the property set forth therein.
So e
Tho as . Kline, Sheriff ?
(.
By b
cc
Thomas E. Martin, Jr., Pltff
Helen E. Martin, Pltff
Lori Ann Leach, Deft
Louis Zelazny, Claimant
Oct. 25, 2007 8:001 4W
-Helen E. Martin and
_ Thomas R. Martin, Jr.
VS
Lori Ann Leach
Cumberland Co. Sheriff
TO T= SHERIFF OF C UMSERI..AND COUNTY, PENNSYLVANIA
No. 7773 P. 3
In the Court of Common Plesu of
t1l111fberland County, Penmylvania
writ No. 2005-1316
111
v?ai 0 grope dy IL ed below and levied upon in this caste is not the property of Cie defendant, but is the po<opasty of the
S • A, Batt of the c :stunt property and the values Hereof mw.
LW OF PROPERTY VALUE
-See attached. On the attachment, property levied upon has been identified as belonging either
to myself or to other persons. For purposes of this claim, I am claiming ownership of the
`property listed in the column underneath my name.
TF.E CLA><&Il IT O$TA.Dirva iI`I'LE TO T:S pRO=,.., AS FOLLOWS:
Furniture was inherited from mother. Appliances and remaining stock items were acquired for my
business.
DateX / - /a _v? -------- - --
stabs. of PN=ynada z._. T ZL
Coiurty of Cutntet? v ?,
Louis Zelazny
above hhatabover ?'-"A d'•iy ::, tit; to taw, dep,ses and Says that the
J
Sworn oW=baen'bed beto.4 .e x \.. - /?GGJ
?(f
laiatsa
ZoWy_ L Zt, of
Pub I
Louis Zelazny
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jeffrey N. Yoffe. Notary Public
East Pennsboro Twp.. Cumberland County
My Commission Expires Oct. 23, 2008
COMMONWEALTH OF PENNSYLVANIA
., :,? Ceal
.ier_ ti puhlic
[East Pennse,; ._,r1nty
My Commissro'. ?.:,. .. X008
Member, Pennsylvania Association of Notaries
Member, Pennsylvania Association cf Notaries i
Properly Property
Property Belonging Belonging
Belonging To To Lydia To Lori
Louis Zelaznv Waaaoner Leach
t o
Property Property
Property Belonging Belonging
Belonging To To Lydia To Lori
TOTALS: $2,933.00 $2,240.00 $818.00
TaxDB Result Details
Page 1 of 1
Detailed Results for Parcel 13-23-0551-075. in the 2004 Tax Assessment Database
DistrictNo 13
Parcel ID 13-23-0551-075.
MapSuffix
HouseNo 2800
Direction
Street GETTYSBURG ROAD
Ownerl ZELAZNY, LOUIS & DARLENE E JR
C/O
PropType CO
PropDesc
LivA rea
CurLandVal 33250
CurlmpVal 91360
CurTotV al 124610
CurPrefVal
Acreage .38
C1GrnStat
TaxEx 1
SaleAmt 55100
SaleMo 02
SaleDa 19
SaleCe 19
SaleYr 88
DeedBkPage 0033E-00819
YearBlt 1923
HF File Date
HF_Approval Status
http://taxdb.ccpa.net/details.asp?id=13-23-0551-075.&dbselect= l 11/12/2007
Llw?QA
` .z
4-
J 4
-71
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs: Advance Costs: 150.00
Sheriffs Costs: 75.28
Docketing $ 18.00 74.72
Poundage 1.48
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 11/09/08
Mileage 12.48
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Postage .82
TOTAL $ -7-5-.28,-/ 1114107 So Answers lz
R. Thomas Kline, Sheriff
By Lam.
Q
t
[ r
6; 12 . ?U
C; Z-.
Li r
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-1316 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THOMAS E. MARTIN, JR., AND HELEN E.
MARTIN, Plaintiff (s)
From LORI ANN LEACH, 2800 GETTYSBURG ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PHOTOGRAPHY
EQUIPMENT, CAMERAS, SCREENS, LENSES, FURNITURE OFFICE EQUIPMENT,
TELEPHONES, OFFICE MACHINES, INVENTORY OF PHOTOGRAPHY SUPPLIES
(PAPER, CHEMICALS, ETC.), PHOTOGRAPHS, ALBUMS, AND ANY OTHER
PROPERTY AT PORTRAITS FOR LIFE, 2800 GETTYSBURG ROAD, CAMP HILL, PA
17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,000.00
Interest $1,615.00
Atty's Comm %
Atty Paid $134.17
Plaintiff Paid
Date: SEPTEMBER 28, 2007
(Seal)
REQUESTING PARTY:
Name THOMAS E. MARTIN, JR., ESQ.
Address: 201 S. BROAD STREET
KENNETT SQUARE, PA 19348
Attorney for: PLAINTIFF
Telephone: 610-444-285
L.L. $.50
Due Prothy $2.00
Other Costs
-? FULy
Supreme Court ID No. 16055