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Home My WebLink About05-14456- v L COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL NOTICE OF APPEAL COMMON PLEAS No. Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. \J . Li -0000 iOG -C,5 ?r"? be signed ONLY when this notation is reouired under R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnature of Prothonotary or Deputy appellant was Claimant fsee before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule uponi (Common Pleas No. to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. •j5v 1\?Q?1Z? ?t 11 \I??Y?Id rn?` o "cl6u:?(Cl r? e i arure or aMerfant or affomer ora ent RULE: To-s?,? k11 ?t„ . n , appellee(s) Name o appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MA (3) The date of service of this rule if service was by mail is the date of the mailing. Date: J - / '7 , 20 I.C.I YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (€0) DAYS AFTER filing of the notice of appeal, Check appacable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mail, ssnda?s receipt attached hereto and upon the appellee, (name) on , 20 ? by personal service [] by (certified) (registered) mail, senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of off cfat before whom alfirfavlt was made Title of ofrcral " My commission expires on 20 AOPC 312A - 02 'b t'l Signature of 4hant nn 0 1 Cu Ci -n jt 1 - COMMONWEALTH OF PENNSYLVANIA rnl wTv r)F. CUMBERLAND ? This case dismissed without prejudice. THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) MILLER, ROBERT A Judgment was entered against SAYLOR, STEPHANIE in a ® Landlord/Tenant action in the amount of $ 3, 605.43 on 3/14/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 575.00. The total amount of the Security Deposit is $ . VU Total Amount Established by MDJ Less Security Deposit Appplied = Rent in Arrears $ 3,475.00 -$ .00 = Physical Damages Leasehold Property $ .00 -$ .00 Damages/Unjust Detention $ 00 - $ _00 - Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? Possession granted. ® Possession granted if money judgment ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount 3,475. 00 $ .00 $ _00 $ 00 $ 00 $ 3,475.00 $ 130.43 $ _00 $ 3,605.43 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' IV, NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF --- - RESIDENTIAL LEASE Mag. Dist. No.: NAME d ADDRESS 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Adi: 1901 STATE ST CAMP HILL, PA Telephone. (717) 761-0563 17011-0000 FNILLER, ROBERT A an 1 PO BOX 85 NEW KINGSTOWN, PA 17072 L J vs. DEFENDANT: NAME and ADDRESS F-SAYLOR, STEPHANIE 499 STATE ST WEST FAIRVIEW, PA 17025 L J STEPHANIE SAYLOR 499 STATE ST Docket No.: LT-0000106-05 WEST FAIRVIEW, PA 17025 Date Filed: 3/04/05 My commission expires first Monday of January, 2006 AO C 315A-05 C7 0 !Pn r"I '_, s --gym cn PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN (Tits proof of service MUS7 BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check ppltoable boxes-) COMMONWEALTH OF PENNSYLVANIA 1 1 COUNT`( OF r r t; ; ss AFFIDAVIT: I hereby (swear) (affirm} that i served ? a co of th N ti f A l D py e o ce o ppea , Common Pleas No. 0a I rpon the Dstrict Justice desiq ted therein on (date of service) - 20C" " , ? by persona( service ? by (cenitiedl i gistered) mail, sender's receipt attached hereto, and upon the appellee, (name) -. - > 20 ? by personal service by icerLffed} (reg s .red) mail, sender's receipt attached hereto. (SWO )(I iRMED) AND UBSCR?$ED BEFORI-_ME ?t THIS {.f l? S1AY OFt '; 2Q /' ( . . ,7/ ".oat. reotoff? bil.re whop atfltf3vt wn'? made ? \,, 'i r'G i JODY S. SMITH, NOTARY PUBLIC /' Cumberland Counri Carlisle Boro ? . Gne of oKCat My Commission Expires April 4 201' My commission ex fires on AOPC 312A - 02 WIVIIV UNVVCAL1n Ur r CIYIYJ COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below, J L; t vs ioete?aamp - This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgna(ura o1 Profharotary aOepuly PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule uponappellee(s), to file a complaint in this appeal Name of appq'40(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. -JE igpafure o/ appellantorattomey or agent RULE: To,:.. appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If-you,8o not M6 a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (-a . -The date of service of this rule if service was by mail is the date of the mailing. Date - -! - - -. 20 I . , < Signet ofPiothonotary- W6tY YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL COURT FILE HAROLD S. IRWIN, 111, ESQ. SUPREME COURT ID NO 29920 64 SOUTH PITT STREET CARLISLE PA 17013 717-243-6090 ATTORNEY FOR PLAINTIFF ROBERT A. MILLER, Plaintiff Vs. STEPHANIE SAYLOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2005 - 1445 CIVIL TERM : IN ASSUMPSIT 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 an attomey 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. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 243-6090 ROBERT A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW STEPHANIE SAYLOR, : NO. 2005 -1445 CIVIL TERM Defendant : IN ASSUMPSIT COMPLAINT NOW comes the plaintiff, by his attorney, Harold S. Irwin, Ill, Esquires, and files this complaint, representing as follows: 1. The plaintiff is ROBERT A. MILLER, an adult individual residing with an address of P. O. Box 85, New Kingstown, Cumberland County, Pennsylvania 17012. 2. The defendant is STEPHANIE SAYLOR, an adult individual residing at 499 State Street, West Fairview, Cumberland County, Pennsylvania 17025. 3. Plaintiff is the owner of a tract of real estate and improvements known as 499 State Street, West Fairview, Cumberland County, Pennsylvania 17025 (hereinafter referred to as the "Premises"). 4. On or about March 1, 2004, the parties entered into a residential lease (hereinafter referred to as the "Agreement") for the Premises, whereby plaintiff agreed to lease the Premises to the defendant according to the terms and conditions thereof. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth herein at length. 5. The defendant agreed to the terms thereof, executed the Agreement and took possession of the Premises as provided for therein. 6. The Agreement provides for the defendant's monthly rental payment of $575 per month, payable on the first day of each month for a period of one year ending on March 1, 2005. In addition, the Agreement provides for the defendant's payment of a late charge of $25 for each month that the rent is not received by the plaintiff within twenty days of the date upon which it is due. 7. The Agreement provides that the defendant has five days after written notice of default to correct any default under the agreement. The Agreement also provides that if the plaintiff hires an attorney for an eviction proceeding, the defendant agrees to pay the plaintiff's attorney fees and reasonable costs. 8. Defendant is in default of the terms of the Agreement in that she has not paid any rent or late charges for the months of September, 2004 to date. 9. On or about January 17, 2005, plaintiff sent a certified letter to defendant notifiying her of her default of the payment provisions of the Agreement and directing her to vacate the premises as of January 31, 2005. A copy of said letter is attached hereto as Exhibit "B" and incorporated herein by reference as if fully set forth herein at length. 10. The defendant did not claim this certified mail so on February 7, 2005, plaintiff served defendant personally with a second notice of default, requiring her to vacate the premises within five days in accordance with the parties' Agreement. A copy of said letter is attached hereto as Exhibit "C" and incorporated herein by reference as if fully set forth herein at length. 11. Defendant still did not surrender possession of the premises nor cure her default as of March 4, 2005, whereupon plaintiff filed a complaint with Magisterial District Judge Robert V. Manlove, who set a hearing on the matter for March 14, 2005. 12. Defendant appeared at said hearing, although she provided no defense to the action except that she could not afford to pay the rent required under the terms of the parties' Agreement. 13. Judgment was entered against the defendant for the amount of rent then due, plus court costs of $130.43, and that possession of the premises be returned to the plaintiff. 14. On or about March 19, 2005, defendant filed an appeal from this District Justice judgment; however, defendant failed to pay into Court a sum equal to three months rent as required in order to obtain a supersedeas of the judgment for possession. 15. To date, defendant has refused and neglected to pay the amount past due, late charges and court costs or otherwise to cure her default under the Agreement. 16. To date, defendant owes rental payments for the months of September, 2004 through April, 2005 in the amount of $475 per month ($3,600), late charges of $25.00 per month for said months ($200) and court costs of $130.43 and will continue to accrue past due payments and late charges as long as her occupancy of the premises continues, in a total sum as will become more apparent at the time of trial in matter. 17. Additionally, defendant continues to occupy the premises despite her default and the repeated demands of plaintiff to vacate. WHEREFORE, plaintiff demands judgment against defendant in the sum of $3,930.43, plus such sums as continue to accrue for rent and late charges from this date until possession of the premises is returned to plaintiff, plus any additional court costs, attorney fees and reasonable expenses incurred by plaintiff in this matter, and that the Court enter judgment for plaintiff and against defendant for possession of the premises located at 499 State Street, West Fairview, Cumberland County, Pennsylvania 17025. OFFICE BY: HAROLD S. IRWIN, Attorney for plainti 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 I hereby verify that I am the plaintiff in this action, that I am authorized to execute this affidavit and that the facts in stated in the above complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. April 22, 2005 //- BERT A. MILLER EXHIBIT "A" RESIDENTIAL LEASE The ro. reopmuOtud ana appmr-ed fo, hm not rearmed to use bv, the members of the Pennsylvania Association or RLALTORSS (PAR). PA LICENSED LISTING BROKER (Company) DESIGNATED AGENT FOR LANDLORD (if applicable) ti z 3 ° r, P 9 to n 12 It 14 15 i6 17 18 to 20 21 23 24 25 A 27 25 29 30 31 3z 33 34 35 36 31 36 39 40 41 42 43 44 15 to ?16 19 so LR PA LICENSED BROKER LEASING BROKER (Company) PR F'AR DESIGNATED AGENT FOR TENANT Br applicable) L This LEASE dated rt aKCH `? Z,.00"{ is between 1 Zt pN D N i . L. SAY W 2 Y called "Tenant," and -> N CGEFZ _ called "Landlord.' 3 2. PROPERTY /gyp 5iuix (? ? I 1 -1 J M 4 ?t+ ° Landlord agees to rent to Tenant the following Properly A . {? ` - Gv]1 1' -M-4 aW V F' V' 1 H t7?Z? 6 3. STARTING AND ENDING DATES OF LEASE (also ca4d "Term") 7 A. Starting Date:'thm, Lease starts on TA AI?C_I-t t 12004 at I Noon. e B. Ending Date: This'Lease ends on haG r 2o0?j _ at 12 Noon. 9 4. RENEWAL TERM I u ear E D l h di 16 11 This Lease will automan"lly r new for a term of n ate un ess: at t e ng A. Tenant gives Landlord days' written notice before ndPug Date or before t he end of any Renewal Term, OR 1? B. Landlord gives Tenant days' written notice before Ending Date or before t he end of any Renewal Terrn. 13 C, For Monthdo-Month Leases Ontyt- Either Landlord or Tenant may end a month- to-month Lease by giving 30 day 1a written notice on or before the day the next rent is due. 15 5. RENT QRIlD 5y ?aN1=lr C.NEC.1K 16 A. The total amount of rent due over the term of this Lease is g $ & /00.00 17 B. The total rent due each month is ST A _ $ --r,n.L)D 16 I C. Rent is due on or before the day of the month. )9 D. Tenant pays a late charge of $ 25.Ot7 m if rent is more than Z? days, I W 21 E. Tenant makes aymel is to faa E Y(T A • M ILL E J1, :z Address D. yGX NEW KING STOW NN t-7t-o12, 23 b. Paid Due z° A. Part of a month's rent if Tenant lakes possession before fiat regular due date $ _ S 25 B. First month's rent $ _ $ 26 C. Othec $ 21 D. Security Deposit, on deposit at: 28 (name of bank) 29 $ _ $ 36 Total rent and security deposit received to dale $ _ 31 Total amount due before Tenant moves in $ 32 7, USE OF PROPERTY 33 A. Tenant will use Property as a residence on{4 • 34 B. Not more than l people will live on propeny. 3s 8. UTILITIES AND SERVICES - 36 A. Landlord will pay for 37 M Cold water ? Hot water ? Trash removal 30 ? Gas ? Heat ? Lawn and shrubbery care 39 ? Electricity ? Snow removal ? Water costs over yearly charge 40 ? Heater maintenance contract ? Sewage costs and maintenance ? Other, 41 B. Tenant will pay for 42 ? Cold water ? Hot water 19 Trash removal 43 9 Gas ? Heat 51 Lawn and shrubbery care 4,1 ® Electricity ? Snow removal ? Water ,,,is over yearly charge 4p ? Heater maintenance contract 14 Sewage costs and maintenance ? Other 4g 9. SPECIAL INSTRUCTIONS The Office of Attorney General has not pre-approved any special conditions or additional 41 trims added by any parties. Any special conditions or additional terms must com ply with the Pennsylvania Plain Language Consumer Contract Act. Tenant understands that Landlord will make no repairs, additions, or changes m t he pr operty except as follows: „ 11. IF PROPERTY WAS BUILT BEFORE 1978 J Lead Hazards Disclosure Requirements The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built before 1978 must give the „ Tenant an EPA pamphlet titled Prarecr Your Fomilp Frain Lead i i You' Horne. The Landlord also must tell the Tenant and ,,. the Broker for Landlord what the Landlord knows about leadbased paint and lead-based paint hazards that arc in or on the - property being reined. Landlord must tell the Tenant how the Landlord knows that lead-haled paint and lead-haled paint hazards , are On the property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. 9 Any Landlord of a pre-1978 structure must also give the Tenant any records and reports that the Landlord has Or can get about lead-based quint or lead-based paint h rjwdS in or around the property being reined, the common areas, or other dwellings in multi-family housing. It is also required that the EPA pamphlet be given to lenams before the landlord stool any omjor renovations on a pre-1978 structure. The Act does not apply to housing built in 1978 or later_ Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lcad from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant Tenant Initials: ?5 Page 1 of 4 . Landlord Initials: (1, i • t ® Pennsylvania Assoelation of m)PtimGH'r PENNS VIAANIAAS.SOCIA'I[ON OF REA 1: I OR.Sv 199b REAAUCRSO'° iwnrYp a ww..ryµ 5/01l s4 s Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based 57 women 67 56 . paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. 6 6 69 A. Laan??nd,,,j]]]Q? rd initial one. ss `Landlord does not know of any lead-based paint or!ead-based paint hazards (dangers) on the property; rs ro b n 11 R Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. , z n Landlord most explain what Landlord knows about the lead-based paint and hazards, including how Landlord t3 73 learned that it is (here, where it is, and the condition of painted walls, trim and other surfaces. Landlord must n 74 76 give Tenant any other information Landlord has about tire leadbased pain( and lead-based paint hazards. t5 5 16 - - ii ]) t6 rs B. Landlord initial one: Landlord has no reports or records about leadbased paint or Icad-bawd paint hazards on the Property; la 79 an sl OR Landlord has given Tenant all available records and reports about lead-based pants or lead-based paint hazards so ii B2 on the Property. List records and reports-: 6'' 53 B t 84 C. Tenant tm(ral all that are Ime: Tenant received the pamphlet Protect Your Family Frmn Lend in Your Ifame. al as 36 _ - Tenant read the information Landlord gave in paragraph 11 (A) and (B) above. ?u Tenant received all records and reports that Landlord listed in paragraph 11 (B) above. e. at _ Landlord and Tenant certify, by signing this Lease, that the information given is true to (Pte best of their knowledge. D I. as a9 . 12. RULES AND REGULATIONS 6' 90 A. Rules for use of the Property are attached. ? Yes VNo 'J0 91 B. Tenant promises to obey the Rules. nl _- C. Landlord cannot change the Rules unless the change benefits the Tenant or improves the health, safety, or welfare of ,,. 9s others. 93 94 13 TENANT'S CARE OF PROPERTY 9' is Tenant, Tenant's family and guests agree to obey all laws and Rules that apply to Tenant. 95 95 A. Tenant will: as 97 (1) Keep the Property clean and safe. to 96 (2) Get rid of all trash, garbage and any other waste materials as required by Landlord and the law. y (3) Use care when using any of the electrical, plumbing, ventilation or other facilities of appliances on the Property, e; 9 ma including any elevators. Igo tot (4) Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tenant's im Ia. willful, careless, or unreasonable behavior. IN last B. Tenant will not'. ma 104 (1) Keep any flammable materials on the Property. loo Its (2) Willfully destroy or deface any pan of the Property. Ins 106 (3) Disturb the peace and quiet of other tenants- lab lot (4) Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant tal its understands that any changes or improvements will belong to the Landlord. f? item in or on the Property that costs less than it "NA nt will to re air an T t T a R i b C me 109 toe p p y . y epa rs y enan ena . 116 Tenant also will pay to repair any damage to the Property or to any item in or on the Property that Tenant or Tenant's no n1 guests cause through a lack of care. III nz 14. LANDLORD WILL MAINTAIN PROPERTY 112 113 A. Landlord will keep the Property and common areas in reasonable condition and as required by law. IA 114 B. Landlord will keep all the structural parts of the Property in good working order, including: 114 115 Ceilings Roof Floors Walls ns 115 Steps Porches Windows Doors 116 m C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe and good working order, it 1la including: rte 119 mug Sanitary Electrical Ventilation Drainage 119 ran Security Heating Water Heating Plumbing Ito n; D. Landlord will keep Propeny reasonably free of pests, rodents and insects. This does not apply if Property is a 121 122 single-family dwelling. rza E. Landlord will supply utilities and services as listed in paragraph 8 (Utilities and Services) of this Lease, unless the 1st 14 service is interrupted by circumstances beyond the Landlord's control. 1p.1 or" F. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant rs rz5 (1) complains to a government agency or to Landlord about a building or housing code violation. va (2) organizes or joins a Tenant's organization. . (3) uses Tenant's legal rights in a lawful manner. tin 15. LANDLORD'S RIGHT TO ENTER 1,,, 1LN A. Tenant agrees to let Landlord or Landlord's representatives enter the Property at reasonable hours to inspect, repair, or 1 s r:t show the Properly m prospective buyers. t r1 Landlord will give lenant 24 hours' notice of date, time, and reason for the visit. In cases of emergency, Landlord may -. enter Property without notice. If Tenant is not there, Landlord will tell Tenant who was there and why within 24 hours tJ4 of the visit. 1,s 16. SECURITY DEPOSIT ?s s6 A. Landlord cannot make'benant pay a security deposit of more than two-month's rent the first year and One month's rent .? , after the first year. After five years, the security deposit cannot be raised, even if the rent is raised us . B. If the security deposit is more than $100, Landlord must keep it in a special bank account (escrow accounq and give . ?aa Tenant the name and address of the bank. i<n C. After the second year (if Tenant continues to live on property), Loallord n ,all keep the security rte Posit In o scrow account that eams interest. Landlord may keep I percent of the security deposit each year as an administrative fee. i. mz Landlord umst pay Tenant the balance of the interest once a year. 141 D. Landlord can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) q that are an e r, ina Tenant 's responsibility. d/ Tenant Initials: P age 2 of 4 Landlord Initials: tab E. When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's mail- toe 14-1 ing address where Landlord can return the security deposit. tar 148 F. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the r 48 1 .9 security deposit. Landlord must return security deposit and interest (minus any charges to Tenant) within 30 days. 1 49 no 17, POSSESSION 1 50 151 A. Tenant may move in (take possession of the Properly) on the Starting Date of this Lease, I s1 11,2 B. If Tenant cannot move in because previous tenant is still there or because of property damage, Tenant can : z 141 (1) change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property t a:t 154 is available; OR m4 155 (2) end the Lease and have all money already paid as rent or security deposit returned. t r= 1135 18, RENT INCREASES 1 hE A. If the Lease is for a term of more than one year, Tenant agrees to pay Tenants share of any increase in real estate taxes teJ and water and sewer charges. 1'a 1139 B. If Tenant's act ons cause an increase in property insurance, Tenant will pay the amount of the increase. :.s tea ' L`/Y L. iGi 151 Tenant will not keep any pets on any part of the Property without Landlord's wriucn permission. aJ vet 20. SMOKE DETECTORS Tenant will maintain and test (monthly) any smoke detectors on the Property, A 153 isn . Tenant will notfy Landlord or broker for Landlord of any broken smoke detcctor(s). B ^^ lay . Tenant will pay for any damage to Properly if Tenant fails to maintain smoke detectors. C -? 150 . 21. FIRE OR OTHER DAMAGE is 161 A. If the Property is accidentally damaged (fire, flood, eta): 10 103 (1) Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and ice 169 Landlord until the damages are repaired; if the law does not allow Tenant to live on the Property, then this Lease r,9 fro is ended; OR IN 1 1 (2) if a is not possible for Tcnunt io live on the Property, Tenant must notify Landlord immediately that Lease is ended 1n u: and move out within 24 hours. ,,,, B. If Lease is ended, Landlord will return any unused security deposit or advanced rent to'1'enant. `. „_ C. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant I, 1; a will continue to pay rent, even if Tenant cannot occupy the Property, 1 rs 22. AFTER NOTICE TO END LEASE 1; ( A, After Tenant or Landlord has given written notice to end this Lease, Landlord may show property to possible tenants. r,e Landlord will not show Property unless 'tenant is there or has a reasonable chance to he there. Tenant does not have '..? tr; to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or unless they have 1 inn written permission from the Landlord. 1W let B. Landlord may put up For Sale or For Rent signs on or near Property. tot tae C- Tenant agrees to move out peacefully when Lease is ended. 1r%+ Isa 23. IF TENANT BREAKS LEASE: and 154 A. Tenant breaks this Lease if: 164 (1) Tenant does not pay rent or other charges. 100 196 (2) Tenant leaves Property permanently before the end of this Lease. tat tea (3) Tenant does not move out when supposed to. 191 as (4) Tenant fails to do anything Tenant agreed to in this Lease, res 1110 B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, landlord cannot evict Tenant ?Ji 190 (force Tenant to move out) from the Property without a written notice Tenant agrees that a written notice of FIVE i90 on DAYS Is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has 191 192 given Tenant written notice, Landlord can file a lawsuit to evict Tenant. ia' 1913 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. _, 194 C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice c 19'1 describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenunt dues not enact the problem, 19a Landlord can then give Tenant FIVE DAYS' written notice to move from the Properly- If Tenant does not move out, u1: 197 Landlord can file a lawsuit to evict Tenant on the sixth day. 198 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTICES TO CORRECT :.. 199 PROBLEMS AND TO MOVE OUT. 2110 D. If Tenant Breaks Lease for Any Reason, Landlord may: 291 (1) Get back possession of the Property by going to court to evict Tenant. If Landlord hires a lawyer to start 2 0e eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs, _ 2nd (2) File a lawsuit against Tenant for rents and charges not paid and for rents and chufges for the rest of The Lease zmr terns. If Landlord wins (gets a money judgment against Tenant), Landlord can use the court process to take Tenant's personal goods, furniture, motor vehicles, and money in banks- e em. (3) Keep Tenant's Security Deposit. _ 2m 24. SALE OF PROPERTY ,,. 200 A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing: 20, (i) The name, address, and phone number of the new landlord. , 210 (2) Where rent is to be paid pr1 (3) Notice that the security deposit has been given to the new landlord, who will be responsible for it - z1a B. Tenant agrees that Landlord may transfer Tenant's money and advanced rent to the new landlord. . M C. Tenant understands that Landlord will have no duties regarding this Lease after the Property has been sold :14 . D. Landlord agrees to require any new landlord, as a condition of sale, to lake on Landlord's duties under this Lens, and eu - to honor them. 215 25. IF GOVERNMENT TAKES PROPERTY ?. A. The government or other public authority can lake in properly for public use. The taking e, called rtmdrrnnution. ,tu B. If any part of the Propeny is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the e'.a Property is taken or is no longer usable, this Lease will end and Tenant will move nut. landlord will rctunt m Tenant 2x0 any unused security deposit or advanced rent. zzt C. No money paid to Landlord for the condemnation of the Property will belong to Tenant ne . 22a 224 4 Tenant Initials: __? Page 3 of 4 Landlord Initials: _„y ... 26. SUBLEASING AND TRANSFER ere M A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new >n landlord. '28 ttu B. Tenant may not transfer this Lease or sublease (rent to another person) this Properly without Landlord's written per- - i g38 mission. Landlord will be reasonable about giving written permission. . IV 27. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have it mortgage on the Properly. 11 1 so, Landlord agrees to make the mortgage payments, The rights of the mortgage leader come before the rights of the Tenant. ,- (Example'. If Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease) ;a4 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE IS A FORECLOSURE, THE NEW OW NER W ILL HAVE THE RIGHT TO RND THIS LEASE. o eau 28. BROKERS (1-00) The Business Relationships between the Broker(s) and Landlord and Tenant are as follows, UNLESS a tat 2n different relationship is checked below. tae A. The Listing Broker is Agent for Landlord. %ss 234 B. The Leasing Broker is Agent for Tenant, .-l i4u C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all Sip an licensees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent(s) for Tenant. If the same :err z4¢ Licensee is designated for Landlord and Tenant, the Licensee is a Dual Agent. au A Business Relationship exists that is diferent from above, as follows: . 244 ? The Leasing Broker is the AgenVSubagent for Landlord. :++ 15 ? The Leasing Broker is a Transaction Licensee. 246 ? The Listing Broker is a Transaction Licensee. It, 24( D. Broker(s) may perform services to assist unrepresented parties in complying with the terms or this Agreement. : r 248 29. MEDIATION >46 :na A. Mediation is a way of resolving problems. Amedialor helps the disputing parties reach un agreeable solution Without r9 2511 having to involve the courts ;'.u ;.e; B- Landlord and Tenant may agree to take any disputes arising from this Lease to a mediation program offered by the local -. t,p association of REALTORS " or to another mediator Landlord and Tenant can agree to mediation as part of this Lease (by signing a mediation form to attach to this Lease), or they can sign an agreement rn mediate after a dispute arises. n,t 30. INSURANCE AND RELEASE zs A. Tenant understands that --- (1) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY, OR GUESTS. 21 (2) TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT TENANT, TENANT'S PROPERTY AND GUESTS WHO ARE INJURED WHILE ON THE PROPERTY. B. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any 215n loss or claim, including attorney's fees, that results from the damage or injury. ysr C. Landlord is responsible for any injury or damage that results from Landlord's carclcas-mss_ l"d D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause. tea 31. CAPTIONS The headings in this Lease are meant only to make it easier to rind the paragraphs. 6., 32. CONSUMER NOTICE Tenant and Landlord base received the Consumer Notice as adopted by the State Real Estate tua Commission at 49 Pa. Code §35.336. 265 till 33. ENTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord. No spoken or written agree- -b 20 menu made before are a pan of this Lease unless they are included in this Lease. :m 2158 sa tea NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS,'I'ENANT IS ADVISED TO CONSULT AN ATTORNEY. au na ---zzz z7a 271 WITNESS TEN T DAT`?f m 272 Tenant's Mailing Address 441 wE. "1 Fo' ?r7., zz t71 Phone Number(s),, I kn N !a\c;- ?? FA # 1' 773 274 WITNESS TENANT DATE 274 275 Tenant's Mailing Address SS 275 276 Phone Number(s) FAX # E-Mil 276 277 WITNESS TENANT _ DATE In 218 Tenant's Mailing Address SS # 219 t79 Phone Number(s) FAX # E-Mail.! 117y 186 WITNESS LANDLORD DATE 160 2111 Landlord's Mailing Address SS # ym np Phone Number(s) FAX# E-Mail ? yat 2,3 WITNESS LANDLORD __ DATE eua at a4 tar, Brokers'/Licensees' Certifications r, z,iu Brokers and Licensees involved in the transaction certify, by signing here that: :•p! (1) The information given is true to the best of their knowledge. , (2) They have told Landlord of Landlord's responsibilities under the Residential Leud-Based Paint Hazard Reduction Act -„- (42 U.S.C. §4852d), described in the Lead Hazard Disclosure Requirements above. Brokers and Li........ ust make - ;;70 sure that Landlord gives Tenant the information required by the Act. „ zst LEASING BROKER (Company Name) t raa ACCEPTED BY DATE _ zsa LISTING BROKER (Company Name) nn ACCEPTED BY DATE ,its M LANDLORD TRANSFERS LEASE TO A NEW LANDLORD 2yn eau As part of payment received by Owners (Landlord) = n:.mc or currant LunmorJ) raa now transfers to --(name of new Lan(Ilord) ;fen his heirs and estate, this Lease and the right to receive the rents and other ben fits. aa2 3w WITNESS LANDLORD ?7lCfA u- au4 WITNESS LANDLORD -- DATE ??" DATE anon Page 4 of 4 aas EXHIBIT "B" P.O. Box 85 New Kingstown, PA 17072-0085 January 17, 2005 Stephanie L. Saylor 499 State Street West Fairview, PA 17025 This letter is to inform you as tenant of the property at 499 State Street, West Fairview, PA 17025, that you are in violation of Residential Lease agreement dated 11/20/03 based on your failure to pay the rent due on the I" day of the month. Because of this violation and the past due amount that you owe, this lease is terminated as of January 31, 2005, and you are required to vacate the property by that day. If you have any questions regarding this letter please contact me at (717) 512-6744. Thank y u. 7? Robert A. Miller E .... 3 na r-, , 'j t3 I`T++r- Y DwNV ° -1 Jas NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Cumberland County .4y Commission Expires ApOl 14, 2007 EXHIBIT "C" P.O. Box 85 New Kingstown, PA 17072-0085 February 7, 2005 Stephanie L. Saylor 499 State Street West Fairview, PA 17025 This letter is to inform you as tenant of the property at 499 State Street, West Fairview, PA 17025, that you are in violation of Residential Lease agreement dated 11/20/03 based on your failure to pay the rent. You have failed to pay rent for six out of eleven months, and have not attempted to pay any amount due for 40 days. This lease is now terminated and as agreed upon you are required to vacate the property in 5 days. You are expected to pay all back rent due which amounts to $3600.00. If you have any questions regarding this letter please contact me at (717) 512-6744. Thank you. Robert A. Miller L? 4 C'.Yl jI ri r? -fY +•: jTi -. JCS Lit C HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ROBERT A. MILLER, Plaintiff VS. STEPHANIE SAYLOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 1445 CIVIL TERM : IN ASSUMPSIT Certificate of Service I, HAROLD S. IRWIN, III, do hereby certify that on or about April 27, 2005, the defendant received the complaint filed in this matter, as evidenced by the certified mail return receipt card No. 7003 3110 0004 5775 4641, the orginal of which and its accompanying sender's receipt are attached heretq. May 11, 2005 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 r' CERTIFIED MAILT REC EIPT . (Domestic I M1 RO Postage $ ? p ?? ''? certified Fee 30 O O ( Return RecleizFee L postmark Here ( tlorsement Required) C3 ddddddRest r.Mod Delivery Fee 19 (Endorsement Required) m L 5 Total Postage & Fees 0 M ° sl l?li N? ` =s - - ---- ° . --- - -Sues,, Apt No.; or PO Box No. - -- ----- --- City, Z1P+4 PS Form :3800, June ,r ¦ Complete items 1, 2, and 3. Also complete Rem 4 if Restrictt}Q Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of tllyr?g/lpi , or on the front If space pennlta. ?fUj 1. At" Addressed to: w 1i c SOV FOR STr -S?T I,t7?T F?1R?fE01 TP 11026 Is delivery address M YES, ender daily C. ? No I 3. Servloe Type ,rttlled Mail ? Express Mel ? Repbtered ; *6wm Rwq"ffaMefekgdleu! ? Insured mail ? C.O.D. 4. Restricted Delivery! (ferns Fee) ? Yes 2. Article Number 7033 3110 0004 5775 4641 (irensfar eom service fetal PS Form 3811, February 2004 Domestic Retum Recelpt t?5es -s+-1s+s EXHIBIT "A" _? r,) "7 C.? 'fl -_1 . Tr ' ' _???':'? .. +1_,! 1 ?1 ? ?- ?_ .????i ? , _? U. Curtis R. Long Prothonotary OffiCe of the i9rotbonotarp 11 Renee K. Simpson Cumberranb QCountp Deputy Prothonotary John E. Slike Solicitor (D S - l Ll ys CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-657-1