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Home My WebLink About05-3523 COYNE & COYNE, P.C., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. ~ 35d3 CIVIL TERM MAUREEN ZIMMER Defendant : CIVIL ACTION--LA 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 Notice is served, by entering a written appearance personally or by an 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 Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 240-6200 COYNE & COYNE, P.C., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. ; NO..os-..J6::z.3 CIVIL TERM MAUREEN ZIMMER Defendant : CIVIL ACTlON--LA W COMPLAINT AND NOW comes the Plaintiff, Coyne & Coyne, P.e., and files the within Complaint: 1. Plaintiff is Coyne & Coyne, P.C. is a Professional Corporation, with offices located at 390 I Market Street, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. Defendant is Maureen Zimmer is an adult individual residing at 5913 Geneva Drive, Apt. 3, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about May 25, 2003, Defendant Zimmer, engaged the Plaintiff for legal services concerning a criminal matter per the terms outlined and agreed to by the Defendant as per a written Fee Agreement. (See Exhibit "A" attached) 4. Plaintiff performed legal services for Defendant and at the end of said representation submitted an invoice to Defendant for payment. (See Exhibit "B") 5. Repeated demands for payment in full have been made to Defendant; however, Defendant has refused to pay same. 6. As of July 11, 2005, Defendant owes Plaintiff $1,998.09 as balance due and owing with an interest rate of 1.5% per month, annually 18%. (See Exhibit "C") 2 WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $1,998.09, together with Court costs and Sheriff's costs and accruing interest from date of complaint filing at the rate of 1.5% per month, annually 18%. Respectfully submitted, COYNE & COYNE, P.C. Dated: 11M .f!7....., By: HENRYF. CO , ESQUIRE 3901 Market Street CampHill,PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 3 COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 May 22,2003 Ms. Maureen Zimmer 5913 Geneva Dr., Apt. 3 Mechanicsburg, P A 17055 Re: Commonwealth v. Zimmer (nUl) Dear Ms. Zimmer: This letter confirms our recent discussion in which I agreed, at your request, to represent you regarding the above-referenced criminal matter and I will appear on your behalf at the preliminary hearing scheduled with District Justice Clement. If the criminal charges are bound-over for Court, an additional retainer will be required before formal arraignment. If retained for formal arraignment, we . will represent you through verdict/plea and sentence. This representation does not include appellate representation. Although we discussed in detail your case and the procedural position and options which you have, I did not discuss in detail my fee. As I explained to you, because of the nature of the matter, and because of the possibility of the occurrence of unpredictable and unforeseen circumstances, I am not in a position to quote you a fmal and specific fee for my professional services. However, I indicated to you that I would represent you on an hourly basis. My fee for professional services is One Hundred Seventy-five Dollars ($175.00) per hour, with fractions of hours computed in periods of not less than 15 minutes, which takes into account interruption of other work. Each such hour is based upon actual work regarding your particular case. Please note that this office reserves the right to modify the hourly rate and the rate of interest from time to time with advance notice to you prior to implementation of the changes. During my representation, I will provide you with periodic invoices for services rendered. Payments on invoices are due upon receipt. After thirty (30) days, if an invoice remains unpaid, in whole or in part, interest will be charged on the outstanding balance at the rate of One and a half percent (1.5%) per month, Eighteen Percent (18%) per year. Any out-of-pocket expenses directly attributable to your case, including but not limited to private investigator charges, court transcripts, toll calls, postage, photocopies and travel expenses, will be charged to you at cost in addition to the fee. Legal costs and expenses incurred are the obligation of and are to be paid by the client Upon billing of same. /, ~thti ~Il ffJ 2 Ms. Maureen Zimmer May 22, 2003 Page 2 r=- ~ : " .. "~7"l \ ' '! I'\I~\! 29 lir.3 . ;; ,[ ....-... We acknowledge receipt of your check no. 263 in the amount of Two Thousand Dollars ($2,000.00) as a retainer fee. If the retainer should be entirely used during the Course of my representation, you will be provided an itemized invoice for services rendered and a deposit of another partial retainer may be requested at my option. : ;' , i.; i,'-": l.- ~--~- l I am pleased to represent you in this matter, and I assure you that I will pursue your matter as diligently, zealously, and expeditiously as possible. Please acknowledge receipt of this letter and your agreement to same by signing a copy and returning same in the enclosed envelope, postage prepaid. With best personal wishes to you, I remain-- Very truly yours, AFG/cmc Enclosure ~;;;Yis I, Maureen Zimmer, have read and fully understand the statements above written. I am acknowledging my agreement to the above by signing my signature below. Dated: ~ 11.~ k 3 ( j MAhL~~ 9.j2 LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Ms. Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg PA 17055 April 13, 2004 In Reference To: Criminal-__ DUI Charges Invoice #11478 Professional Services 3/2/2004 Review file; Attend Sentencing Hearing at Cumberland County Courthouse; Confer w/client before and after sentencing For professional services rendered Previous balance 3/5/2004 Payment - thank you. Check No. 1955 Total payments and adjustments Balance due Hours 0.75 Amount 0.75 $131.25 $2,001.32 ($500.00) ($500.00) $1,632.57 E'f~;J, t 13 '. LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Ms. Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg PA 17055 July 11, 2005 In Reference To: Criminal--- DUI Charges Invoice #12384 Professional Services 6/24/2005 DIP Memo to Client-- Notice of Collection Hours 0.25 NO CHARGE For professional services rendered Interest on overdue balance 0.25 Amount $0.00 $13.69 Total amount of this bill Previous balance $13.69 $1,984.40 Balance due $1,998.09 I M M E 0 I ATE AT TEN T ION: 0 V E R 0 U E B ILL Er~<Zrr ~ ~ ~ ~ - ~ c-. 9J ~ ~ ~ ~. VI Y\ ~ - ~~ ~ o "'. -:, f' ~ L.l'-l () c- - c; r-> c:> c::.) u. ,- c- r-:::: G1 ~ N :-< _L-n ri1p -ofn ::-00 ~.') 1 ),~3-~ .,,0 ~- ~ , (-1 '-~ :--\ ;'" :---0 .< -0 :;''': -' SHERIFF'S RETURN - REGULAR CASE NO: 2005-03523 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COYNE & COYNE PC VS ZIMMER MAUREEN RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZIMMER MAUREEN the DEFENDANT , at 1903:00 HOURS, on the 14th day of July 2005 at 591 GENEVA DRIVE APT 3 MECHANICSBURG, PA 17055 by handing to JOHN ZIMMER, BROTHER IN LAW a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 11.20 .37 10.00 .00 39.57 .r~~ R. Thomas Kline 07/14/2005 COYNE & COYNE Sworn and Subscribed to before By: 4- me this /9 ~ day of / I (-1}~~~ iru}/Id :; rothonotary .' PLAINITT Harriet E. White Vs. DEFENDANT, Clayton & Brandi Bonawitz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 05-35~ CIVIL TERM COMPLAINT NOTICE TO DEFEND AND NOW comes PLAINTIFF, by and through his attorneys, I<rey and Tiley, Attorneys at Law, And respectfully states as follows: 1. Plaintiff is Harriet E. White, of 104 Brighton Dr., Carlisle, PA 17013 2. Defendants are Clayton & Brandi Bonawitz, ofll91 M<~Clures Gap Rd" Carlisle, PA 17013 3. Plaintiff is the owner of580 N. Middleton Rd. Carlisle, PA, Cumberland County, Pennsylvania, by virtue of a deed from Cumberland C01IDty, P A 4. On or about October 8, 2004, Plaintiff and Defendant ,entered into a written lease for the leasing of A portion of the above-described real estate, designated as 580 N. Middleton Rd., Carlisle, PA 17013 to Defendants. A copy of this lease is attached hereto and marked Exhibit "A" and is incorporated herein by reference. 5. The lease provided in relevant part that the term of the lease was to run from October 9, 2004 to June 30, 2005 at 12:00 NOON. In consideration for the term of the lease, Defendants agreed to pay to Plaintiff$795.00 rent plus $5.00 for electric bill for water in monthly installments of $795.00 plus $5.00 beginning on October 9,2004 and continuing on the first date of each succeeding month during the tl:rm of the lease. (Amount Dro-rated from November 9.2004 to Novl!mber 30. 2004 was 5583.00 6. Defendant breached the terms of the lease as stated above by failing to pay rent due on May 1,2005. 7. Defendant was served a Notice to Quit on May 4,2005, a copy of which is attached hereto as Exhibit "B". 8. Plaintiff has performed all responsibilities under the terms of the lease. 9. Defendant now owes rent to Plaintiff for the remainder of the lease term from May 1, 2005 to May 30, 2005 in the amount of$795.00 plus $5.00 water electric bill, Late Charge of $79.50 and $94.08 for judgment cost at District Justice Paula Correal's Office on June 20, 2005. Total due to Plaintiff from Judgment is 5973.58 c;;;j H ; 6 ,'t:- ( 10. Plaintiff has spent 594.08 to District Justice Maj. Bdore it was appealed. ~~f!ilt"'~~1fI"'R'IB,~.;,.i;;:\C'-i<Ji"""""""!'j".. . , " . m ~",jfm!-, ,,' , ''''''f !~~',;,!}\if.t, ,,' ~~, .' ',I'~\"'0,;~'"'r:;~~~,;_;,)Y'i:j;4J~~;$'lfi._,', 1I;1....~.IIII~:II'p..'1I ..,.,:.'.....'." i.....'..I.I..'..,...IlIiii..,...... .......... '.'.'. .,.... .';.'.'....:.".'_..',, =:.11'.'.'" ':-'-',' ':'. .'1,....'.:.'.'. .... " III' ._,.... .. ..1,.., '. " -'" ". .... .. -:m.. '. .. ...'" .,. ....... ..... ...".... . '. 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IF PROPERTY WAS BUILT BEFORE 1978 54 Lead Hazards Disclosure Requirements 55 The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built before 1978 must give the 56 Tenant an EPA pamphlet titled Protect Your Family FlVm Lead ill Your Home. The Landlord also must tell the Tenant and 57 the Broker for Landlord what the Landlord knows about lead-based paint and lead-based paint hazards that are in or on the 58 property being rented. Landlord must tell the Tenant how the Landlord knows that lead-based paint and lead-based paint hazards 59 are on the property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. 60 Any Landlord of a pre-I 978 structure must also give the Tenant any records and reports that the Landlord has or can get about 61 lead-based paint or lead-based paint hazards in or around the property being rented. the common areas, or other dwellings in 62 multi-family housing. It is also required that the EPA pamphlet be given to t"nants before the landlord starts any major 63 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. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especia.lly harmful to young children and pregnant 66 Tenant Initials: flJ2.; C ~. LR Page 1 of 4 Landlord Inltlals:4 (~_ I),! m Penn."""". Auoelatlon 0' COPYRIGHT "ENNSYLVANlAASSOCIATlON OFREALTORS'l>'9% LD REALTORS" 6/00 RE,i;[r(jRen.Voh>e...R-.t~In~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3a 39 40 41 42 43 44 45 46 47 48 49 50 10. 64 65 ~ f'lO T~' rf2,:,~22;:?'PPro"d rO'. but "!~~,~g,~~;,.~t~"~~~~,I~"""'I"",;~,,tlor l:?cT1R;! (p;.)A LR PA LICENSED BROKER LISTING BROKER (Company) , "'-1-::~ ."". ~ ( ~~ '. ~:. l ,J.' ~ ,-- ADDRESS n""\~' '. ,r--\. Pi\ -'\"~'J\~) PH'). \.\ :; -l n )0 FAX '.1',\ '\ - 0:' I"~ ~ DESIGNATED AGENT'FOR LANDLORD (if applicable) PA LICENSED BROKER LEASING BROKER (Company) ADDRESS PH FAX DESIGNATED AGENT FOR TENANT (if applicable) 1. T~~~~:~~\da~ ~ \~~~:(~,,~:~,\\\,;,..~: c?-8f\ h .'\ i?'1" 'I V\j A ( -----:-~ ',-_"-' Jj v-J ~""'_>:__-"_ PROPERTY ,"__ , '" " . \ " 'j ; 'j ~ L~,~ _~.ord a?f~.~sl ~~ re~~ to Tena~ th\~~l~~\n~rr~~r~: ~:~.:,:~ "'\ 1:~ ~ t"-l.r~, \.-l!',~-.~',l:..:~ ~: I STARTING AND ENDING DATES OF LEA~E (also called "Ter") __ , , !. ' r" II 0 " d t 12 N A. Starting Date: This Lease starts on ". i (' " () \''" { ";' L, (j 1 ' a oon. B. Ending Date: This Lease ends on ::1\ ~ n i' .'" n ,'J n C1 ';:', , at 12 Noon. RENEWAL TERM This Lease will automatically renew for a term of \ ~ f i~ f at the Ending Date unless: A. Tenant gives Landlord ~ days' written notice befor Ending Date or before the end of any Renewal Tenn, OR B. Landlord gives Tenant.J.u.(L days' written notice before Ending Dat" or before the end of any Renewal Term. C. For Month-to-Month Leases Only: Either Landlord or Tenant may end a month-to-month Lease by giving 30 days' written notice on or before the day the next rent is due. RENT A. The total amount of rent due over the term of this Lease is B. The total rent due each month is" \ C. Rent is due on or before the -t\ ("~it day of the month. D. Tenant pays a late charge of \ Q "/ ~ ~ if rent is more than :;. \ ''\ i!. (' ~ \ (";" :,-:: flays ~ate. E. Tenant makes paym~nts to: \-i ,~ . f"1: \t-I r', ,-t Ii" Address C L v'; , , .,' .. Q C' "t" I'A BEFORE MOVING IN, TENAN AYS R e.n t \\ \ '1 - i \ \5:.1 0 ~\ A. Part of a month's rent if Tenant takes possession before first regular due date B. First month',yent \\ . ,,\ C. Other: \., ,~. U:t ':'I-: 'S'-' - 0(\1 ) D. : Security Deposit, on dep 'sit at: ,- ' . \I ,(n m~,ofbank! ')((1._ "L^\.\ \~, r\t -'\'~o(" ~1t.I~ {~ i ()() ~ Toial rent and security deposit received to date Total amount due before Tenant moves in ~SE ~:n~~~~~~~ropeft,Y as a residence or n.', '~'\iJ<cn 0: ')(1 \-.J B. Not more than :\:i .,1 Q... people will live on property. I UTILITIES AND SERVICES A. Landlord will pay for I;i( Cold water 0 Hot water 0 6 Oas 0 Heat 0 o Electricity 0 Snow removal 0 o Heater maintenance contract 0 Sewage costs and maintenance ~ B. Tenant will pay for . o Cold water Ji<i Hot water )l( Trash removal )lil Oas J' r :> pl" e.. )r Heat )sf Lawn and shrubbery care )Z( Electric ty ;g Snow removal 0 Water costs over yearly ch"fg~ o Heater maintenance contract 0 Sewage costs and maintenance J!l. Other ~ \, ,)I, ,J C" b 1/: SPECIAL INSTRUCTIONS The Office of Attorney General has not pre-approved any specia conditions or additional terms added by any parties, Any special conditions or additional terms must comply with the Pennsylvania Plain Language Consumer Contract Act. CONDITION OF PROPERTY Tenant understands that Landlord will make no repairs, additions, or changes to the property except as follows: is between called "Tenant,"and called "Landlord." 2. 1 2 3 4 , \ 1-".1:;5 1 \ '" , ' ,'\ r-, r'i , } ,~.. 1 6 7 8 9 10 1l '''\ '; 3. 4, 5. " 13 14 15 16 $ Lv' l)::) . 0 0 17 $ '1'15.00 '8 19 20 $ "I J,C', I.....) ) "Phone.' 11(fl3 _ ),1 2.. 1.\ ~ .- v (p .:'~n , i ,\23 1)0).<1'. \\1 \ d~ 24 $ 6'1)'3.0025 $ "\'\ '5 .0026 $ L\OG,0027 6. Paid $ $ $ 28 $ 1 Q'5 .00 $ $ '1 '\ :5 ,() 0 29 '1 li.OJ 30 $ \ 31 '1 '\00G2 7. 33 34 35 8. 36 37 38 Trash removal Lawn and shrubbery care . Water costs over yearly ,charge 40 Other -;.::;:(:. ~ t-' \ i' e_\ ~I n "'" \ :..1 41 42 43 39 44 45 .. 47 48 49 50 51 " 53 54 55 56 57 58 59 oo " 62 63 64 65 9. 66 145 Tenant Initials: r) J;:" 67, 60 69. 70 71 72 73 74 75 76 71 78 79 80 81 82 83 84 85 86 87 BB 89 12. 90 91 92 93 9' 13. 95 96 97 98 99 100 101 182 183 18' 185 186 187 108 109 1"10 111 112 14. 113 1" 115 116 117 118 119 120 121 122 123 12' 125 126 127 128 129 15. 138 131 132 133 13' 135 16. 136 137 138 139 140 141 142 143 144 women. Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based 'paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. A. Landlord initial one: Landlord does not know of any lead-based paint or lead-based paint hazards (dangers) on the Property; 67 tit: OR 69 70 71 Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. 72 Landlord must explain what Landlord knows about the lead-based paint and hazards, including how Landlord 73 learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must 74 give Tenant any other information Landlord has about the lead-based paint and lead-based paint hazards. 75 76 77 B. Landlord initial one: 78 Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property; 79 m " Landlord has given Tenant all available records and reports about lead-based paiot or lead-based paint hazards 81 . on the Property. List records and repOlts: 82 " C. Tenant initial all that are true: . Tenant received the pamphlet ProteCt Your Family From Leaq in Your Home. _ Tenant read the infonnation Landlord gave in paragraph 11 (A) and (B) above. _ Tenant received all records and reports that Landlord listed in paragraph 11 (B) above. D. Landlord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge. RULES AND REGULATIONS A. Rules for use of the Property are attached. B. Tenant promises to obey the Rules. C. Landlord cannot change the Rules unless the change benefits the Tenant or improves the health, safety, or welfare of others. ) TENANT'S CARE OF PROPERTY Tenant, Tenant's family and guests agree to obey all laws and Rules that apply to Tenant. A. Tenant will: (I) Keep the Property clean and safe. (2) Get rid of all trash, garbage and any other waste materials as required by Landlord and the law. (3) Use care when using any of the electrical, plumbing, ventilation or other facilities or appliances on the Property, including any elevators. 100 (4) Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tenant's 101 willful, careless, or unreasonable behavior. 182 B. Tenant will not: 103 (I) Keep any flammable materials on the Property. 10' (2) Willfully destroy or deface any part of the Property. 105 (3) Disturb the peace and quiet of other tenants. . 106 . (4) Make changes to the property, such as painting orremodeling, without the written permission of Landlord. Tenant 107 understands that any changes or improvements will belong to the Landlord. 108 Repairs by Tenant: Tenant will pay to repair any item in or on the Property that costs less than $ .,() n Ii 109 Tenant also will pay to repair any damage to the Property or to any item io or on the Property that Tenant or Tenant's 110 guests cause through a lack of care. LANDLORD WILL MAINTAIN PROPERTY A. Landlord will keep the Property and common areas in reasonable condition and as required by law. B. Landlord will keep all the structural parts of the Property in good working orde~ including: ~ Ceilings )Q Roof )i'I Floors . )i'I Walls ;1<1 Steps ;KJ Porches )i<I Windows )'J. Doors C. Landlord will keep all systems, services. facilities, or appliances supplied by Landlord in safe and good working order, 117 including: )lI Air Conditioning )!Sl Sanitary ;KJ Electrical )[(] Ventilation o Security )ill Heating )i1J Water Heating ;gt Pl~mbing 120 D. Landlord will keep Property reasonably free of pests, rodents and insects. This does not apply if Property is a 121 single-family dwelling. 122 Landlord will supply utilities and services as listed in paragraph 8 (Utilities and Services) of this Lease, unless the 123 service is interrupted by circumstances beyond the Landlord's control. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant (I) complains to a government agency or to Landlord about a building or housing code violation. (2) organizes or joins a Tenant's organization. (3) uses Tenant's. legal rights in a lawful manner, LANDLORD'S RIGHT TO ENTER A. Tenant agrees to let Landlord or Landlord's representatives enter the Property at reasonable hours to inspect, repair, or 130 show the Property to prospective buyers. 131 B. Landlord will give Tenant 24 hours' notice of date, time, and reason for the visit. In cases of emergency, Landlord may 132 enter Property without notice. If Tenaryt is not there, Landlord will tell Tenant who was there and why within 24 hours 133 of the visit. 13' SECURITY DEPOSIT 135 A. Landlord cannot make Tenant pay a security deposit of more than two-month's rent the first year, and one-month's rent 136 after the first year. After five years, the security deposit cannot be raised, even if the rent is raised. 137 B. If the security deposit is more than $100, Landlord must keep it in " special bank account (escrow account) and give 138 Tenant the name and address of the bank. 13' After the second year (if Tenant continues to live on Property), Landlord must keep the security deposit in an escrow 140 account that earns interest. Landlord may keep 1 percent of the se,ourity deposit each year as an administrative fee. 141 Landlord must pay Tenant the balance of the interest once a year. 142 D. Landlord can use the security deposit to pay for unpaid rent and damages (beyond nonnal wear and tear) that are 143 Tenant's responsibility. 144 DYes lCINo I" ' 84 65 86 67 8B 8' 90 91 '2 93 94 95 95 97 98 99 c. 111 112 113 11'1 115 116 118 .l!U:>rainage 119 E. 12' F. 125 126 127 .,. '. 128 129 c. /) ( , (..-.......... , .j . -.\-.). ',.. , /'- (J) LR Page 2 of 4 Landlord Initials,. 145 176 17' lBO 181 162 183 23. 1B4 185 186 187 1BB 169 190 191 192 193 194 195 196 1!rr 198 199 200 201 202 203 204 205 206 207 24. 206 209 210 211 212 2'13 214 215 216 25. 217 218 219 220 221 222 223 224 225 Tenant Initials: 1-16 147 148 149 150 17. 151 152 153 154 155 156 157 15B 159 160 161 162 163 164 165 166 21. 167 16B 169 170 171 172 173 174 175 176 177 18. 19. 20. 22. When Tenant move5 from the Property, Tenant will return all keys and give Landlord written notice of Tenant'5 mail- 146 ing address where Landlord can return the 5ecurity deposit. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the '40 security deposit. Landlord must return security deposit and interest (minus any charges to Tenant) within 30 days. POSSESSION 150 A. Tenant may move in (take pos5ession of the Property) on the Starting Date of this Lease. 151 B. If Tenant cannot move in because previous tenant is still there or because of property damage, Tenant can 152 (I) change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property 153 is available; OR 154 (2) end the Lease and have all money already paid as rent or security deposit returned. 155 RENT INCREASES 156 A. If the Lease is for a term of more than one year, Tenant agrees to pay Tenant's share of any increase in real estate taxes 157 and water and sewer charges. B. If Tenant's actions cause an increase in property insurance, Tenant will pay the amonnt of the increase. NO PETS Tenant will qat keep any pets on any part of the Property without Landlord's written permission. SMOKE DETECTORS , A. Tenant will maintain and test (monthly) any smoke detectors on ,'the Property. B. Tenant will notify Landlord or broker for Landlord of any broken smoke detector(s). C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors. FIRE OR OTHER DAMAGE A. If the Property is accidentally damaged (fire, flood, etc.): 1S7 (I) Tenant may continne to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and 16B Landlord until the damages are repaired; if the law does not allow Tenant to live on the Property, then this Lease 169 is ended; OR 170 (2) If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended 171 and move out within 24 hours. 172 If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. 173 If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant 174 will continue to pay rent, even if Tenant cannot occupy the Property. 175 AFTER NOTICE TO END LEASE 176 A. After Tenant or Landlord has given written notice to end this Lease, Landlord may show Property to possible tenants. 177 Landlord will not show Property unless Tenant is there or has a reasonable chance to be there. Tenant does not have 178 to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or unless they have 179 written permission from the Landlord. 180 B. Landlord may put up For Sale or For Rent signs on or near Property. 181 C. Tenant agrees to move out peacefully when Lease is ended. IF TENANT BREAKS LEASE: 183 A. Tenant breaks this Lease if: 184 (1) Tenant does not pay rent or other charges. 185 (2) Tenant leaves Property permanently before the erid of this Lease. 186 (3) Tenant does not move out when supposed to. 187 (4) Tenant fails to do anything Tenant agreed to in this Lease. 188 Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant lS9 (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE 190 DAYS is sufficient. This means that if Tenant has not moved from the Property before the sixth day after Landlord has 191 given Tenant written notice, Landlord can file a lawsuit to evict Tenant. 192 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. 193 Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice 194 describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does not correct the problem. 195 Landlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out, 196 Landlord can file a lawsuit to evict Tenant on the sixth day. 197 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTICES TO CORRECT 19B PROBLEMS AND TO MOVE OUT. 199 D. If Tenant Breaks Lease for Any Reason, Landlord may: (1) Get back possession of the Property by going to court to evict Tenant. If Landlord hires a lawyer to start 201 eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs. 202 (2) File a lawsuit against Tenant for rents and charges not paid and for rents and charges for the rest of the Lease 20' term. If Landlord wins (gets a money judgment against Tenant), Landlord can use the court process to take 204 Tenant's personal goods. furniture, motor vehicles, and money in banks. (3) Keep Tenant's Security Deposit. SALE OF PROPERTY A. " If Property is sold. on the date of settlement, Landlord will give Tenant in writing: (1) The name, address, and phone number of the new landlord. (2) Where rent is to be paid. 210 (3) Notice that the security deposit has been given to the new landlord, who will be responsible for it. 211 Tenant agrees that Landlord may transfer Tenant's money and advanced rent to the new landlord. 212 Tenant understands that Landlord will have no duties regarding this Lease after the Property has been sold, 213 Landlord agrees to require any new landlord, as a condition of sale, to take on Landlord's duties under this Lease and 214 to honor them. 215 IF GOVERNMENT TAKES PROPERTY 21' A. The government or other public authority can take private property for public use. The taking is called condemnation. 217 B. If any part of the Property is taken by the government, Landlord will reduce Tenant's rent proportionately. If all the 218 Property is taken or is no longer usable. this Lease will end and Tenant will move out. Landlord will return to Tenant 219 any unused security deposit or advanced rent. 220 C. No money paid to Landlord for the condemnation of the Property will belong to Tenant. E. 147 F. 149 158 159 160 161 162 163 164 165 166 B. C. 182 B. c. 20{) 205 206 207 206 209 B, C. D. 221 1)'>1 ..t'. G(---;Y . -- . ~'--" ' 222 223 224 "/ Landlord Initialsil / (:' "//(t../ LR Page 3 of4 225 '69 NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS, TENANTrlS ADVISED TO CONSULT AN ATIORNEY. 269 ~ .,' _.,-;, I ! I ::: WITNESS TENANTl:.;>-\ /~;::X DATE //) I;; /,., 'j 272 Tenant's Mailing Address -. 1; SS # / f 273 Phone Number(s) FAX # /) "'-- E-Mail 274 WITNESS TENANT'f/;r/.1,1.1( '- VfJ7 -'"dO;; 1-;,) 275 Tenant's Mailing Address SS iV 276 Phone Number(s) FAX # E-Mail 217 WITNESS TENANT Tenant's Mailing Address Phone Number(s) 260 WITNESS 261 Landlord's Mailing Address 262 Phone Number(s) 263 WITNESS 265 Brokers'lLicensees' Certifications 265 286 Brokers and Licensees involved in the transaction certify, by signing here that: 266 (1) The infonnation given is true to the best of their knowledge. . 287 c, (2) They have told Landlord ofullidlord's responsibilities under the Residential Lead-Based Paint Hazard RedtictioriAct 288 (42 U.S.c. ~4852d), described in the Lead Hazard Disclosure Requirements above. Brokers and Licensees must make 289 sure that Landlord gives Tenant the infonnation required by the Act. 290 291 225 26. 2'21 226 .229 230 231 232 233 23:} 235 236 28. 237 238 239 240 241 242 243 244 245 240 247 248 29. 249 250 251 252 253 254 30. 255 256 257 258 259 260 261 262 263 31. 26~ 32. 265 266 33. 267 268 278 279 284 267 288 289 290 27. SUBLEASING AND TRANSFER 22G A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new 227 landlord. 226 B. Tenant may not transfer this Lease or sublease (rent to another person) this Property without Landlord's written per- 229 mission. Landlord will be reasonable about giving written permission. 230 TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. If 231 so. Landlord agrees to make the mortgage payments. The rights of the mortgage lender come before the rights of the Tenant. 232 (Example: If Landlord fails to make mortgage payments. the mortgage lend,,, could take the Property and end this Lease.) 233 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE 231 IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. n5 BROKERS (1-00) The Business Relationships between the Broker(s) and Landlord and Tenant are as follows, UNLESS a 23!i different relationship is checked below. 237 A. The Listing Broker is Agent for Landlord. 238 B. The Leasing Broker is Agent for Tenant. 239 C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all 240 licensees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent(s) for Tenant. If the same 241 Licensee is designated for Landlord and Tenant, the Licensee is a Dual Agent. 242 A Business Relationship exists that is different from above, as follows: 243 o The Leasing Broker is the Agent/Subagent for Landlord. 244 o The Leasing Broker is a Transaction Licensee. 245 o The Listing Broker is a Transaction Licensee. 246 D. Broker(s) may perform services to assist unrepresented parties in complying with the tenns of this Agreement. 247 MEDIATION 248 A. Mediatioll is a way of resolving problems. A mediator helps the disputing parties reach an agreeable solution without 249 having to involve the courts. 250 B. Landlord and Tenant may agree to take any disputes,arising from this Lease to a mediation program offered by the local 251 association of REALTORS@ or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease 252 (by signing a mediation form to attach to this Lease), Ot they can sign an agreement to mediate after a dispute arises. 253 INSURANCE AND RELEASE 254 A. Tenant understands that 255 (I) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY, OR GUESTS. 256 (2) TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT TENANT, TENANT'S 257 PROPERTY AND GUESTS WHO ARE INJURED WHILE ON THE PROPERTY. 258 B. Landlord is not legally responsible for any injury or damage that occurs on the Property and Tenant agrees to pay any 259 loss or claim, including attorney's fees, that results from the damage or injury. 260 C. Landlord is responsible for any injury or damage that results from Landlord's carelessness. 261 D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause. 262 CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. 263 CONSUMER NOTICE Tenant and Landlord have received the Consumer Notice as adopted by the State Real Estate 264 Commission at 49 Pa. Code ~35.336. 265 ENTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord. No spoken or written agree- 266 mellts made before are a part of this Lease unless they are included in this Lease. 267 268 270 271 272 273 274 27S 276 277 27B 279 DATE 10- r( -1>1/ DATE SS# FAX # . E-Mail ' LANDLORD.if,} ., , . ~ f'P1l ,J),~ (' . .< - ~- .. . SS# - E-Mail 281 282 DATE<," _ I?',-,,, K 280 FAX # LANDLORD 283 DATE 284 291 292 LEASING BROKER (Company Name) 293 ACCEPTED BY 294 LISTING BROKER (Co)'\P. any,Na. me). :::,y\,..C~\. ~''''I\-' " r) 295 ACCEPTED BY . ." 1\. .". i....::c:,. \~J" A .::i.) 296 297 298 299 As part of payment received by Owners (Landlord) 300 now transfers to 301 his heirs and estate. this Lease and the right to receive the rents and other benefits. DATE FRt\ DATE 292 293 294 295 296 291 29B (name of current Landlord) 299 (name of new Landlord) 300 301 \",~,\t,..- In! f,L.tj LANDLORD TRANSFERS LEASE TO A NEW LANDLORD 302 303 WITNESS 304 WITNESS 30S LANDLORD LANDLORD LR Page 4 of 4 302 303 304 DATE DATE 30S RULES r REGULATIONS. AND SPECIAL CLAUSES LEASE ATTACHMENT FOR: ?lru("\C\\ I1.r\A ~\l1~tO() BAr"\nW\tZ- TENANT (S) \ 5<00 ~. Yll.d.A\Q.L..on RoaA , PROPERTY ADDRESS CQ""\)~ ~IC' , ,,~ \ ., 0 \3 111. PET CLAUSE DESCRIPTION OF PET(S) PERlilITTED BY LANDLOilD: -ka\\' rna\~ ~nj '00)/ e.,1 -\- er....'1 e.r m,'11 ~A breaA - h O\ASe bro\<€Y1 Landlord agrees to allow the Tenant(s) to have thl!!J pates) li.sted above and the Tenant(s) agrees: 1. To keep pet under control at all times and not to permit pet to run loose. 2. To immediately clean up any messes tnade by pet either inside or outside of the premises. 3. To not permit pet(s) to become a nuisance or to disturb other residents. Tenant(s) agrees that if the pet(s)'s barking disturbs any of the neighbors. Tenant (s) must inunediately remov,. the pet (s) from the property. 4. To clean premises and have carpets professionally shampooed, professionally deodorized, and professionally exterminated and to provide receipts for above services at expLration of lease. 5. To be fully responsible for any damages and legal liability caused by pet(s). All damages will be repaired and/or replaced at the expense of the Tenant(s) even though the damages exceed the pet deposit. 6. To comply with all municipal ordinances now in effect or which may be enacted during the lease term or any extension thereof. 7. If pet dies or is otherwise disposed of, Tenant will not acquire or replace another pet without prior written c,msent of Landlord. LANDLORD:$~qi~ aJ~~ DATE :/6 -1:.,. (/ 1 LANDLORD: DATE: MANAGING AGENT: LISTING .~ DATE: DATE: TENANT: DATE: TENANT: DATE: RENTAL AGENT: DATE: lOR/dab 3/16/01 JACK GAUGHEN REALTOR, ERA RENTAL AND PROPERTY MANAGEMENT ADDENDUM TO EXCLUSIVE RIGHT TO RENT AGREEMENT Date of Listing: Owner(s): \\ - rl"- ,,\ l' ....l! I.~:t "-\ . ..:\ \. ,\, " ','~ J ',' \'_" I \ \: \i~\.\ \." , " 'I .~'" " ., \. I ..' II". t.. .-1"\ P \ '''('''\;~ , , I .,......' , \ \ , \' \\11 \\ . -- . ., 11 j"'-l'i ,.'::) I '" ,,_, Property Address: ,:) '-~ 0 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 we have advised Jack Gaughen Realtor, ERA Property Management through their agent, ,:.\ '-,,\.,j ,,'7~;-'-\~ /, \\ ~," ., that: Place a C-..J) where applicable: o To the best of our knowledge, my/our water source is potable and safe for human consumption without treatment. o My/our water source is not safe for human consumption ,R. My/our water source is potable with the use of \"';'\ ,';, ., I .~tt \-,,' } Type reatmen \ I ,:. "f) f-~ .' ~ (,.t'n' '..J.;', " \ ,,'1' "j'l \ ' ,...-, , \ " \ ."~' :""_ .j" \1 ,V o Not applicable, Water supply is public, OWNER'S PRIV ATE ON-LOT SEW AGE SYSTEM DISCLOSURE We, the undersigned Owner's herein disclose that our properly is serviced by the following type of private on-lot sewage system: Place a (-.J) where applicable: n- Conventional septic system l' . 0 Sand mound septic system o Holding tank (no drain fields) o Cesspool o Other: To the best of our knowledge, our private on-lot sewage system is in good working order, with the following exception: Date: ,,', , ' ?'" Landlord: , . "../-.e'.:' '. I .:'/~.":.~ "'~'::" . ..-,. ".-, -"., Date: Landlord: Date: Landlord: TENANT'S ACKNOWLEDGMENT Tenant(s) hereby acknowledge Owner(s) disclosure regarding the water supply and private on-lot sewage system servicing the above mentioned property, \::--_..._'_~' I I (\ ("" -,_.,-' --- Date: I ~ t',.' Tenant: ( _ .,-_.:, "':" ,.~- l' .. , / I '{ \ ! . 1 ~, . il Tenant: (, ) ~ ,.~.' f " ') I /"1 1 /,- Date: Date: Tenant: Rev. 10/99 RULES, REGULATIOtfS. AND SPECIAL CLAUSES L?,ASE ATTACHMENT FOR: . ra nIt. '1\n~ 0,\ c1 ~-\-o n 13.", r-.1:l'N1 \-.7.... TENANT (B) 5 ~ 0 "L-\V\ \ c\d \ e1.. on R () .' ~ c.~ ( illJ .. PROPERTY AJ;>OREBS ,) P.At \ l 0 \.3 Guests are permitted. TENANT UTILITIES A. guest is a visitor COMPANY Lis~.jll names and ages here: .~" ~a CoonS. S+e.\I\e. Cae,...'" I T<t'S\o... f-l<>naw\\-"2. for two (2) weeks or less. PHONE NUMBER Heat is: e..\ e.d-C') C Hot Water is: e.\f.cArlc Electricity: Cooking is: e\Gct~i~ Water is: Sewer is: Trash removal: Telephone: TV Cable: P~L pp L P\'l ~j.> L 'Ne.\\ Se y\'1 C "I 0 (\<. ~ ~'St. t'. lbi.1 ~ t"""."\ \:. Qom (A::'\ ~oo 31.\2-5'15 ~ 1.\ '5 -\ 557 2.\-\~-3\:'3\ 2.."1 3 L\ Cj \ ~ Association Fee paid to: AP)"LIj\NCES AND PERSONAL PROPERTY INCLUDED WITH PROPERTY: The appliances/items checked off below are provided for the Tenant's use. Landlord is resDonsible for the repair or replacement of these items. Tenant must tell Landlord i~ any of these items are not working properly. refrigerator range/stove ~ dishwasher ____ garbage disposal washer dryer lawn mower freezer window unit air conditioners (#) Other The appliances/items checked off below-are prov:lded for the Tenant's use. Landlord is NOT resoonsible for the repair or replacement of these items. If repairs are needed, Tenant may decide to repair these items at the Tenant's expense. Tenant must tell Landlord if any item is not working properly. Landlord has right to decide whether to remove the app;iancelitem; refrigerator washer dryer lawn mower freezer ____ window unit air conditioners 1# CARPET SHAMPOOING Tenants will have the carpets professionally shampooed at the end of the lease and must provide a receipt to Landlord. TERMINATION OF LEASE Tenant agrees that a full month's rent is due for any month in which there is partial occupahcy at the termination of the lease. DISCLOSURES: Landlord has made the following disclosures regarding the property, which are attached and made a part of this Lease agreement: ~ Water Potability V Septic -.L~ Radon. ~ PET CLAUSE is attached as part of this lease. ~ RULES. REGULATONS. & SPEcIAL CLAUSES are attached as part of this lease. LANDLORD: :;2!i-::,M.A. ,. ~~ other Other DATE:/O- J;I-.- <:1 Y LANDLORD: DATE: MANAGING AGENT: DATE: LISTING ') DATE: TENANT: DATE: TENANT: DATE: RENTAL AGENT: DATE: JGRldab 3/16/0] Property Address: Owner(s)/Landlord(s): i-\ (\1'(\ e. \ JACK GAUGHEN REALTOR, ERA PROPERTY MANAGEMENT AND RENTAL DEPARTMENT OWNER'S PROPERTY DISCLOSURE . . \ ", \ :5 60 )-'\. \h\,J k tU1 \< ),1 d Vi h,\-<.:.. Tenant(s):_\~"-';l(~'~\'\ bo \ 1J\N'I\-Z.. (~ \ \"1 tH': t).,) \lJI~";:"" RADON GAS DISCLOSURE Landlord(s) hereby acknowledge receipt of notice as set forth on the reverse of this disclosure and certifY that: (check only one) o The property had 0 Sho,rt Term Screening 0 Annual Testing 0 Other Testing was conducted by 0 Landlord(s) 0 Certified Tester The results of all tests were Picocuries/liter (attach test results) , Landlord( s) took remedial action on (date)l and the Radon was reduced to Picocuries/liter, , ~ \ l....~ '.~ ,..... J \ ,i' ,,~ , " '\ '''' 'I'" . j (J ..:j )i Landlord(s) have no knowledge of the absence or presence of Radon, LEAD-BASED PAINT DISCLOSURE Landlord(s) hereby acknowledge receipt of notice as set forth on the re:verse of this disclosure and certifY that: . / PROPERTY DWAS /:~:~ASNOT BUILTIN 1978 OR BeFORE, A. Landlord initial one: Landlord does not know of any lead-based paint or lead-based hazards (dangers) on the Property; OR Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property, Landlord must explain what Landlord knows about the lead-based paint and hazards, including how Landlord leamed that it is there, where it is, and the condition of painted walls, trim and other surfaces, Landlord must give Tenant any other information Landlord has about the iead-based paint and lead-based paint hazards, B. Landlord initial one: Landlord has no reports or records about lead-based paint or lead-based paint hazards at the Property; OR, Landlord has given Tenant aU available records and reports about lead-based paint or lead-based paint hazards at the Property, List records and reports: ' C. Tenant initial all that are true: Tenant received the pampWet Protect Your Family from Lead in Your Home, ~___ Tenant read the information Landlord gave in paragraph A and B above, Tenant received all records and reports that Landlord listed in paragraph B above, D, Agent for the Landlord initial: Agent has told Landlord of Landlord's responsibility under the Residential Lead-Based Paint Hazard Reduction Act 42 U,S,c. 4582(d), Agent must make sure t\)at Landlord gives Tenant the information required by the Act. E, Landlord, Tenant, and Agent for Landlord certify: . r. By signing this Disclosure and/or Lease, Landlord and Tenant certify that the information given is true, to the beSt of their knowledge, " 2, By signing here, the Agent for Landlord certifies that the informaltion given is true to the best of Agent's Imowledge.(Agent's Signature) The following pa..ties have reviewed all the inforlllation disclosed above and certify to the best of their <~~~~;i~:<b".r::'Z;;~;d"/;:,..~~;;tt':s;, \n~~. I~ ~; I. } , "'1/ ( / ,f;?, J / I '1 f ..", ;'. .J!I , I Landlord/Owner Date Tenant Date Agent: Jack Gaughen Realtor, ERA by: \, \ )" ,". "J)' .....J ~.J...'l ,\),J..., )L,' , ) \ , , Date~ Rev. 10/99 RULES. REGULATIONS. AND SPECIAL CLAUSES LEASE ATTACHMENT FOR: p, rM'~" (lIn~ Q\ CA'l-\-..nt\nr<"\W\:\:?.. TENANT (S) \ \ \ .") 91 0 'N n ...\- ~ "" ~ A d. e..""to Vl RU.JM\ ) PROPERTY ADDRESS ~a rhoS'/> , P ^ \..J.ail X *1 - PET CLAUSE - (SEPARATE FORM) *2 - MILITARY CLAUSE - (SEPARATE FORM) *3 - OIL TANK CLAUSE Tenant agrees that the oil tank is full at start of lease and Tenant agrees to fill the oil tank to the san;e-le';'el before exiting property. Tenant agrees to buy oil from *4 - PROPERTY FOR SALE CLAIlSE Landlord has the right: _ (a)to list the property for sale _ days prior to the expiration of this lease with advance written to Tenant(s); or (b) to continue marketing the property for sale while occupied by Tenant (s). In either case, Tenant (s) must allow the property to be shown during reasonable hours including weekends, as long a,s the buyer is with a licensed real estate agent. Lock box and sign may be used on the property during the term of the lease. *5 - FIREPLACE CLAUSE Fireplace will be inspected and/or cleaned before the start date of lease or before the heating season. Tenant(s) agrees to have fireplace inspected and/or cleaned before the ending date and must provide a copy of inspection/cleaning of fireplace. -.1 *6 - LAWN CARE CLAUSE Tenant(s) agrees to cut, edge, weed, trim, rake, mulch, ~nd remove trash and debris, from all flower beds, shrubbery, and lawn areas as needed. *7 - HOMEOWNERS ASSOCIATION - LAWN & SNOll. 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. *8 - NO SMOKING CLAUSE Tenant(s) agrees not to allow the smoking of any tobacco products in the , . property dur~ng the lease by themselves or guests. *9 - GU1\RANTOR CLAUSE I(We) do agree to be responsible for the leaSH to the Landlord for the benefit of the Tenant(s) and I(We) do guarantee all sl1ms that may become due.This guarantee shall be in effect for the term of the lease. Guarantor(s) Date *10 - RENT PAYMENT CLAUSE The monthly rental payment will be paid with one check. * 11 - HARDWOOD FLOORS CLAUSE Tenant (s) agrees to protect the hardwood floor (s) by covering 80% with area rugs and hallway runners. _ #12 - WELL WATER TREATMENT CLAUSE Tenant(s) agrees use the water softener and is responsible for purchasing salt for the water softener. Any damage from discontinuing the use of the water ~ener will be charged to the Tenants. #13 - ADDITIONAL SPECIAL CLAUSES \ t. Po te 0 ~ ( T en (Vllr ........V\~-\- ~O\'l~ rerr\v-'s "InSl.lr<1'">CL. ",,-,d V....o\l\cte. c<u-111\C'l " "' n ~ lJ\'- ..nQI1.. >n \ and. \ on:! . ('0' \ cnGvi\ \S rc.S?On~\b'Q, \1",- pro,!)<1\:j prOfo,ne. ~r ~~.V\QCt LANDLORD==~~c;'il 2J4tfh. ~. DATE: .)6-'X- Or: LANDLORD: DATE: MANAGING AGENT: DATE: LISTING ~.) DATE: TENANT: DATE: TENANT: DATE: RENTAL AGENT: DATE: JGR/dab 3/16/01 ( ~)" lena",t v.'S.~e "jrE(,S' \u .Q.r ~e \\ r~~ \C\nd \"rJ V~ N\ V ' ~Ib .QO \1er rronlhQr e\ecrr',C ~I-l; b;r B f\f"? J 0 5 -~~?-? FREY & TILEY A TTORNEYS-A T-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL STEPHEN D. TILEY ROBERT G. FREY TELEPHONE (717) 243-5B3B FACSIMILE (717) 243-8441 January 27, 2005 Mr. and Mrs. Clayton Bonawitz 580 North Middleton Road Carlisle, PA 17103 Re: Occupancy of 580 North Middleton Road Dear Mr. and Mrs. Bonawitz: I am writing on behalf of my client, Harriet White, to inform you that she will need to have access to the leased property for the purpose of making certain repairs as previously discussed with you and for the purpose of testin!) the water. Mrs. White or her daughter Debra Rhodes, who is acting on her behalf pursuant to a Power of Attorney, will notify you of the exact date and time at least 24 hours in advance as set forth in paragraph 1 5 of your lease. It is likely that Ms. Rhodes will be accompanied by someone who will be performing the maintenance and repair work. It is requested that on the date scheduled for the repairs, that your dog be secured. This request is both for the convenience of the person making repairs, and also for your protection so that your dog would not be accidentally allowed to exit the building. I am providing a copy of this letter to Richard Gan, Esquire, because I understand that you may have consulted him on this matter. I thank you very much for your cooperation. yours, j - . Robert G. Frey RGF It I cc: Richard R. Gan, Esquire Mrs. Harriet White ff)~ "I ) t.j '/ {k "t '{Y)A-Y20 t;y. i.(, h ;-', ~ FREY & TILEY ATTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CAAUSLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 STEPHEN D. TILEY ROBERT G. FREY May 4, 2005 Mr. and Mrs. Clayton Bonawitz 580 North Middleton Road Carlisle, PA 17013 Re: Occupancy of 580 North Middleton Road Dear Mr. and Mrs. Bonawitz: I am writing to enclose a Notice oflease violations concerning your occupancy of 580 North Middleton Road. As required by law, another notice has been or will be in the near future posted on the property. Without regard to the violations noted in the Notice, I am also writing to confirm the notice that was previously given to you that Mrs. White does not intend to renew the lease term when it expires on June 30, 2005. Because I recall that Richard R. Gan, Esquire had previously represented you, I am providing hirn with a copy of this letter and the notice. Sincerely yours, V~J;r--J Robert G. Frey ~~- '~./ RGF/enc. Cc: Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 FREY & TILEY ATTORNEYS-AT-LAW 5 SOUlH HANOVER STREET CARUSLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL STEPHEN D. TILEY ROBERT G. FREY "b''1 6Y\-\-\ ~ NOTICE TO QUIT TELEPHONE (717) 243.5838 FACSIMILE (717) 243.6441 TO: Clayton Bonawitz Brandi Bonawitz 580 North Middleton Road Carlisle, PA 17013 DATE: May 4, 2005 LEGAL NOTICE You are hereby notified that the below listed violations of the lease must be corrected within five (5) days from the date of this notice: L Keeping a cat on the property in violation of paragraph 19 of the lease and the attached pet clause. 2. Failure to properly care for the lawn as required by paragraph 6 of the special clauses attachment. 3. Allowing vehicles to partially destroy lawn in violation of paragraph 13.B(2). 4. The number of people occupying the premises exceeds the maximum of 5 people as stated in paragraph 7.B. If you fail to correct all of these violations within five (5) days, you are hereby notified that you must vacate and remove yourself from the premises at 580 North Middleton Road, Carlisle, Pennsylvania on or before Saturday, May 14,2005. Rent will continue to accrue until the date that you vacate the premises. If you do not remove yourself from the premises by May 14, 2005. legal proceedings for eviction will be brought against you. By: \(\n~ ~'rey, Esquire Attorney for Harriet White 5 South Hanover Street Carlisle, PA 17013 FREY & TILEY ATTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL 8,H/-0 i r g TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 STEPHEN D. TILEY ROBERT G. FREY May 11, 2005 Mr. and Mrs. Clayton Bonawitz 580 North Middleton Road Carlisle, PA 17013 Re: Occupancy of 580 North Middleton Road Dear Mr. and Mrs. Bonawitz: I am writing to advise you that work on the septic tank at the property with mailing address of 580 North Middleton Road is imminent. An exact time has not been scheduled as the work is dependent on weather and the contractor's other responsibilities, including emergency calls. Work could begin as early as Friday afternoon. Therefore, I am writing on behalf of the property owner to request that vehicles not be parked on the front lawn, beginning at noon on Friday and continuing until the septic work is completed. Additionally, room will need to be provided in the driveway so that the truck and equiprnent can park and unload. Hopefully you will be able to work with the contractor for a mutually satisfactory arrangernent. This letter should not in any way be interpreted as amending or changing the notice to you of May 4, 2005. It is my understanding that the lease violations cited in that notice have not been corrected as of this time. As with the previous notice, I am providing Richard R. Gan, Esquire with a copy of this letter. RGF Cc: Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 ~j. Robert G. Frey ~ FREY & TILEY AlTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL STEPHEN D. TILEY ROBERT G. FREY eyH , P., /1- ~' TELEPHONE (717) 243.5838 FACSIMILE (717) 243-6441 May 19, 2005 Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 Re: 580 North Middleton Road Dear Rich: I am writing to follow up on our telephone conversation of Friday, May 13, 2005. Harriet White and Debra Rhoades as the owners of the above-referenced property have signed a contract to sell it. To accornplish that transaction,. a nurnber of things need to be accomplished which will involve your clients. First and forernost, your clients will need to vacate the property by June 30, 2005, pursuant to notices that were given to them. Also, various repairs and inspections need to be made prior to the end of June. The only one scheduled at this tirne is termite treatment scheduled for Tuesday, June 24, 2005. To the greatest extent possible, the owners of the property will act through their real estate agent, Diane Mentzer, concerning the scheduling of work at the property. I understand that your clients may find it preferable to work with the real estate agent and we will try to accommodate those wishes. We have contacted the real estate agent who has indicated that she is willing to serve this function and will try to give your clients as much notice as possible. However, 24-hour notice may not always be possible. Additionally, it may not always be possible for Ms. Mentzer to be at the property and the owners may need to be present to assist inspectors or subcontractors. I have requested that they always have the third parties with them so that there is no question as to the purpose of their visits. I also understand frorn you that Mr. Keifer is concerned that he not be disconnected from the septic system until he has moved the mobile home. The owners will try to give him as much time as possible to move the rnobile home. However, the sale of the property has a condition that the mobile home not be on the property and that there be no septic hook up for it. Therefore, after the fi.rst week of June, they may Frey & Tiley Attorneys-at-Law Richard R. Gan, Esquire Re: 580 North Middleton Road May 19,2005 Page 2 Of2 no longer have much flexibility. We do not know the precise schedule at this time as the septic design needs to be completed and approved by the township and an inspection done on the property. I would appreciate it if you can confirm to me that your clients will cooperate by allowing the inspections and repairs to be done on the property as outlined above and advise the date that each win have vacated the property. Finally, I need to note that rent has not been paid by either tenant for the month of May. My clients have agreed to not pursue a Landlord Tenant action for the rent at this time as a demonstration their willingness to cooperate with your clients. However, rent is owed and will need to be paid and my clients do reserve the right to bring such an action should the cooperative efforts fail to continue. I thank you for your assistance and hope that we can work together through these various issues. -d , obert G. Frey RGF Cc: Harriet White Debra Rhoades FREY & TILEY ATTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 "f2""\>~ _,,\111/1 7:"r ROBERT M. FREY OF COUNSEL STEPHEN D. TilEY ROBERT G. FREY TELEPHONE (717) 243-5838 FACSIMilE (717) 243-6441 May 26, 2005 Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 Re: 580 North Middleton Road Dear Rich: I am writing to follow up on my letter to you of May 19,2005 and our subsequent telephone conversation. I had hoped that we had come up with a working arrangement that would address the concerns of both of our clients. Unfortunately, it appears that Mr. and Mrs. Bonawitz are not interested in cooperating. I received a telephone call at approximately 3:30 p.m. from Harriett White indicating that she had Peck's Septic out at the property to begin work to replace the septic system. She received a call from Peck's septic indicating that they could not do any of the work because your client had a tow truck parked where they needed to begin digging. My client confirmed that your client was notified in advance by my client's real estate agent, although I do not know how far in advance the notification was given. Neither my client nor her daughter were with Peck's septic so as to avoid any possible confrontations. Based on what I have been told, I believe they have acted as I had stated in my letter to you. They are very frustrated because they will likely incur a significant charge from Peck's without any work being accomplished. Additionally, they inform me that no rent has been received and that they have been contacted by the township code enforcement department because of the hei ght of the grass and unlicensed vehicles sitting on the property. Based on the foregoing, I expect that they will be seeking to have your clients evicted for the multiple breaches of the lease. I am sorry that we were unable to reach a satisfactory agreement to resolve this situation. ~]:~f~. Robert G. Frey RGF Cc: Harriet White ~COMMONWEAL TH OF PENNSYLVANIA COUNTY OF: ctJMBBll.J.UIIl 09-2-01 NOTICE OF JUDGMENTrrRANSCRIPT PLAINTIFF RESIDENTIAL LEASE r;. NAME and ADDRESS waXTB, BARRXBT B 104 BRJCGBTOR DR CAllLXSJ.B, PA 17013 --, Mag. Dist No.: MOJ Name: Hon. Address: PAULA P. COVV~~ 1 COURTHOUSB SQUARE CAllLXSLE, PA L VS. .J T~.p''''''' (717) 240-6564 17013-0000 DEFENDANT: NAME and ADDReSS /'jORAWX:rZ, KR. r.HR.S . CLAYTOR 580, ,R.II:tDDLETOR RD CARLJ:S]:.J!I:, PA17013 L --, j2:~ 4 ~ b;, C ,,.(- ~ '?/)1.-" PAULA P. COVV~IU. '" 0'. c.J7 1 COURTHOUSE SQUAD CAllLXSLB, PA 17013-0000 Docket No.: LT-0000222-:-05 Date Filed: 6/02/05 .J ~- ~ THIS IS TO NOTIFY YOU THAT: Judgment: POR PLAl:Jft'XPP ~ Judgment was entered for: (Name) warn:. VltRT1!:T B Judgment was entered against BORAWJ:TZ, KR.r.HR.S.CLAYTOR in a [iJ LandlordfTenant action in the amount of $ 973.58 on 6/23/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District ,Judge, is $ 795.00, The total amount of the Security Deposit is $ 1,195000 Total Amount Established by MDJ Less' Security Deposit ApQlied = Adjudicated Amount Rent in Arrears $ 879.50 -$' .00 = $ 879.50 Physical Damages Leasehold Property $ .00 $ .00 = $ .00 Damages/Unjust Detention $ _ 00$ _ 00 = $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ , 00 UT Judgmont Amount $ R'Jg 50 Judgment Costs $ 94 _ OR Attorney Fees $ 00 Total Judgment $ 973 .58 Post Judgment Credits $ Post Judgment Costs $ , Certified Judgment Total $ , 0, Possession granted if money judgment is not satlslleo oY"lIme 01 eVICllOIl. o Possession not granted. -; 0 Defendants are jointly and severally liable. o o Attachment Prohibitedl 42 Pa.C.S, ~ 8127 This case dismissed without prejudice. [!] Possession granted. 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 ENlRY OF JUDGMENT BY RLlNG 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 PRO'nHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPE~,L 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 ENlRY OF JUDGMENT IN WHICH TO ALE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT 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 MA Y 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. 6-:13-05 Date . Magisterial District Judge s contallllng t e JU gment. . Magisterial District Judge SEAL Mv commission expires first Monday of January, 2006. AOPC 315A-()5 ~r\~~I\ {j I~ (f (1[0. tnv t :8r{j,~ 1,.p. 0 5-3525 C/'v~ I Tt'~. S.aflt b-) 111\ P,kLLta.. tor-v~ j)..5(Yl. Rules, Regulations and Special Clauses Pet Clause: Permitted by Landlord: 601B: Male dog only, the Bonawitz also have a C,!t that under no circumstance would be allowed in the house. Authorized occupants: No more than 5 people, they have at least 2 children and 1 adult staying in the residence from at least May 1,2005. Children wt:re getting on the school bus from the residents. A van sitting in the driveway is registered to Sean Leonard. The children's names are Ryan Leonard, 4th grade, Shyanne Shane 1 st grade, and Ashley Leonard 8th grade. The parllnt's names are Christy Brownawell, Sean Leonard and Rodney Shane. I think they live 5 Penny Lane, Carlisle. These people were not guests from out of town. Property for Sale Clause: Lawn Care Clause: Grass was cut once around the I st of April and has never been mowed since. Piles of leaves still lay in the front yard and killing the grass underneath. Brandi Bonawitz said she would bag them up and put them out to be collected. The Bonawitz also put grass killer on the side lawn to place a picnic table with out our permission. North Middleton Codes Enforcement Officer Ryan indicated that we would be cited for grass/weeds over 8 inches high and it was the property owner's responsibility to cut the grass. On Tuesday, May 24, 2005 we mowed the grass on tlle property. Mr Bonawitz come home and seen the grass was being mowed and pulled his car in the center of the front yard. This cost $75.00 for I-JI, hours. Additional Special Clauses: Tenant must have renter's insurance and provide:! certificate of insured to the landlord. It is usually gotten in the first 30 days of moving in. (I never received it) Rent: Tenant pays a late charge of 10% + $79.50, plus rent $795.00 Plus $5.00 for electricity bill for the well. This bill has tripled since the Bonawitz uses the well to wash boats, cars, and trucks and leaves thl: hose running constantly. A tenant will use the property as a residence and not a Business and that's what towing vehicles and have a tow trnck is. Tenant agrees to let landlord or landlord representatives to enter the property at reasonable hours to inspect, repair or show property to prospective buyers. On Saturday, May 14,2005 owner arrives with contractor to dig up septic lines and the Bonawitz' call the police and the pohce would not allow us to enter the property, we sit along the road for over all hour. The contractor was charging us $300.00 (a minimum of 4 hours) Finally, the contractor was allowed to enter and continue the job, while police: sit and made sure the owners did not enter the property and threated to arrest the owner if we entered the property. On Thursday, May 26, 2005, Ken Peck for the septic lines arrived at 3:30 p.m. and had to leave because Mr. 'Bonawitz blocked off the work area with his tow trnck and said that if anyone touches the trnd: they would be arrested. Mr. Bonawitz did tell the real estate agent that we would have someone move it if the owners would get off the property. Again" Mr. Peck arrived a second time to enter the property and asked Mrs. Bonawitz if she would move the trnck so he could start on the septic, she said, she would move it if the owners would leave the property. I was charged $60.00 per hour and Mr. Peck had to return a second time the same day. Landlord will give tenant 24 hour notice but the te:nants will not receive our calls or messages. Clayton Bonawitz calls the police ofN. Midddleton every time we try to enter the property. The police come racing down the road with the red lights on and the police threaten to arrest one of the property oVffiers and take her to jail. There are numerous vehicles sitting in the driveway and there are oil spots all over the blacktop. The vehicles are sitting there with the hoods up and being worked on. Clayton Bonawitz parked tow trnck on the front lawn, over the drainage ditch and has ruts throughout the property from his equipment. Parks abandoned car on the other rental properties that he was not renting without my permission and he has no rights to the piece of property, it is set up to place a mobile home on for rental purposes only. Bonawitz' rent only the house on the one side of the property at 580 N. Middleton Rd., Carlisle, PA 17013 The other rental site is a separate address 582 N. Middleton Rd., Carlisle, P A 17013 Robert G. Frey, representing the property owners, mailed letters to the Bonawitz and his legal advisor on January 27, 2005, May 4, 2005 Not to Vacate, May 11, 2005 indicating the tenant of various work that needed to be completed to complete the sale of the house. May 19, 2005 to Richard Gan. Esquire that was re'presenting the Bonawitz in reference to a telephone conversation between the two lawyers about the Bonawitz cooperating and allowing the contractors and owners to come on the property. The Bonawitz have cost us money for various lease violation in reference to trying to enter the property for various repairs to meet the buyers inspection request (to complete the sale of the house. or:: (...4 GO \ ...0 q. ~~ :j)~ S'jj -" ~?f. ~ (3 r:-? 70 -'" .0:- cP ~ ~~;?, .'-'~ <-;,~ 'c.--"" 3. COYNE & COYNE, P.C., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-3523 - CIVIL TERM MAUREEN ZIMMER Defendant : CIVIL ACTION--LA W TO: Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, P A 17055 DATE OF NOTICE: August 17,2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 240-6200 Date: \ 7 A~.s By: HENRYF.CO 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, of Coyne & Coyne, P .C., hereby certify that true copy of the foregoing Important Notice was served this date upon the below-referenced individual at the below listed address by way of first class mail, postage pre-paid: Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, P A 17055 Dated:~ 2JJ,.~~ . Q S; ,...' ~ or 'C G' ..... cP q~ ..-\-f\ f:,~, :\N? '(~\Q, -1- 4] -0, (.)??, ~ (), % ''::':' <P. o o ~"t1: ';'~ ":::'.,' f.:> ,.'<.~ I..), ~, r> .< " ., "",-., "',' -'>"(.:::;;. :i - COYNE & COYNE, P.C., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3523 CIVIL TERM MAUREEN ZIMMER, Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment of default in favor of plaintiff, COYNE & COYNE, P.C., and against defendant, Maureen Zimmer, for failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on July 14, 2005, and defendant's answer was due to be filed on August 3,2005. Attached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendant at her last known address on August 17, 2005, which was served at least 10 days prior to the filing of this Praecipe. Please enter judgment in favor of Plaintiff and assess damages in the amount of $2133.42 and accruing interest at the rate of 18% APY and court costs, being the amount demanded in the complaint. Date30 a~ as- By: Henry F. Coyn Esquire Pa. Supreme Ct. No. 06250 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff COYNE & COYNE, P.c., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3523 - CIVIL TERM MAUREEN ZIMMER Defendant : CIVIL ACTION--LA W TO: Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, P A 17055 DATE OF NOTICE: August 17,2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A nmGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PAl 70 13 (717) 240-6200 Date: \.7 A~.5 By: HENRY F. CO 3901 Market Street CampHill,PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorney for Plaintiff ,I rt cxj('t:t A CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Important Notice was served this date upon the below-referenced individual at the below listed address by way of first class mail, postage pre-paid: Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, PA 17055 Dated J 7 A~6 'Uv,.~ Henry F. Coyne CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe for Entry of Default Judgment was served this date upon the below-referenced individual at the below listed address by way of first class mail, postage pre-paid: Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, PA 17055 Dated: :3 6 f+-~ ~ Henry F. Coyne ~ GJ~ --- o 0<< C>' ~ OJ ~ c::.() '6' =<1 -J. \' c>. ~ ~ ~ d:' [~..., c::.:; 0 ;:;,: -;J " ::-! r:i'5 r-r:_ 11_'/ c...J :v r:: - '){-' ~~';)Jfj ~,? .'..sr\rl ~ :,~J C -.1." ~ ~ COYNE & COYNE, P.c. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION COYNE & COYNE, P.c., Plaintiff, v. File No. 05-3523 Civil Term Amount Due: $2.133.42 Interest: From August 30, 2005 Atty's Commission: Costs: All minI! Costs and Sheriff Costs and Associated Costs for this Execution MAUREEN ZIMMER, Defendant. TO THE PROTHONOTARY OF THE SAID COUNTY: 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 Act 6 of 1974 as amended. PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter to the Sheriff of CUMBERLAND COUNTY, for debt, interest and costs upon the following described property of the defendant: levy All banking, savings, checking accounts, certificates of deposits, and monies located at any and all branches of Commerce BanklHarrisburl!. NA and levy on all furniture, electronic equipment, , tools, supplies, furnishings, and property located at Defendant's residence of 5913 Geneva Drive. Apt. 3. Mechanicsburl!. Cumberland County, Pennsvlvania 17055 and levv and sieze the followinl! automobile located at said address: Antomobile: 2001 Ford Mnstang (Silver Color) Pennsylvania Tax No. DYP9421 Date: zj/~!o' I COYNE & COYNE, P.C. ~7L LISA ARIE COYNE, Pa upreme Ct. No. 53 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for the Plaintiff E ~. (:) J-. t:J 7" ~. ~ ~ ---:) - ~~:s ~ (J' ~ fir L - ~ ' ~\ ~ ~ . ~-<q. , :"-- Ir) \) ~ \) r~ ~ ~.n~~~ ~ B g ti ~ .~ I I \ \ ~\) ~ _... ?u ~ ......... -.... ~ ~ ~~~#t 'g s7, ,..Y'" ...,., -- ,,) co ,- , -' .. :-;9 -- - _.....----- .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PEN0ISYL VANIA) COUNTY OF CUMBERLAND) NO 05-3523 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CU1VIBERLAi~D COUNTY: To satisfy the debt, interest and costs due COYNE & COYNE, P.c., Plaintiff (s) From MAUREEN ZIMMER, 5913 GENEVA DRIVE, APT. 3, MECHANICSBURG, P A 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL FURNITURE, ELECTRONIC EQUIPMENT, TOOLS, SUPPLIES, FURNISHINGS AND PROPERTY LOCATED AT DEFENANT'S RESIDENCE OF 5913 GENEVA DRIVE, APT. 3, MECHANICSBURG, PA 17055 -- LEVY Aj~D SEIZE THE FOLLOWING AUTOMOBILE LOCATED AT SAID ADDRESS: 2001 FORD MUSTANG (SILVER COLOR) PENNSYL VANIA TAX NO DYP9421 . (2) You are also directed to attach the property ofthe defendant(s) not levied upon in the possession of COMMERCE BANK/HARRIS, NA, 65 ASHLAND AVENUE, CARLISLE, PA 17013 - LEVY ALL BANKING, SAVINGS, CHECKING ACCOUNTS, CERTIFICATES OF DEPOSITS, AND MONIES LOCATED AT ANY AND ALL BRANCHES OF COMMERCE BANK/HARRISBURG, NA GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $2,133.42 Interest FROM 8/30/05 L. L. $.50 Atty's Carom % Due Prothy $1.00 Other Costs Ally Paid $122.07 Plaintiff Paid Date: FEBRUARY 17, 2006 J i~~?i::~~! Deputy (Seal) REQUESTING PARTY: Name LISA MARIE COYNE, ESQUIRE Address: COYNE & COYNE, P.c. 3901 MARKET STREET CAMP HILL, PA 17011-4227 Attorney for: PLAINTIFF Telephone: 717-737-0464 Supreme Court ID No. 53788 . Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, P A 17055 Home: 691-1741 Cell: 648-4500 Work: 338-9121 Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 240-2665 /" COYNE & COYNE, P.e. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorneys for Plaintiff , COYNE & COYNE, P.c., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-3523 - CI'1L TERM MAUREEN ZIMMER Defendant : CIVIL ACTION--LA W fffl5U)ef^5 !o INTERROGATORIES TO COMMERCE BANK/Harrisburl!, NA, GARNISHEE IMPORT ANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant" means the individual against whom the Writ of Execution issued. e. "You" means the main office and all branch offices of COMMERCE BANKJHarrisburg, NA. D. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant any money, were you liable to them on any negotiable or other written instrument, or did he (they) claim that you owed him(them) any money or were liable to them for any reason? 'D'Z.fP"'jrl>.)" i,-tP" (-\e(o,.~r'-J' 0",].0,7,"'1\ v..:"TH PI'i),"L"'''W;, Or- ~ 3(,:("(,, ao f'\, 'i\-lS ~..V\.l': S',,-Gs:D r- 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? ~'2.CL. 0105~c; \~ Ie C~_;L.t-:S-i-'~a~' 4.-- 3. At the time you were served with these Interrogatories or at any subsequent time, did you hold legal title to any property of any nature owed solely or in part by the Defendant or in which Defendant held or claimed any interest? .:)S"L 010<:' ,,-,~. L \" 0 t;.co., S', f c,..c ,.1..- ~ 4. At the time you were served with these Interrogatories or at any subsequent time, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? \)"<v~;,Y:~;'\0, (V\~L '0'iQ0<C"~ 11'0'0 'I H'i. ffi,,',,'L- (L",-~HI(f';Cf.O 0:J\~"':::"\.k . (\7 i) \ tt2- "0 ::)7. ('-- 0 (C'.- . - ) \) \ (l((, ,e (\j DC C'~ . "'>'\""c,,R.<-L P.C(C\:c,,::q" IN '11-\<. 00.1').10"....'1 L",,,,,,.5';, ^' , '\.)c0~" c-~ .....;...:::...Io-\IC\" ~- '1." s A "'-' . ~~ \~'T 'T >lei' 5, At any time after you were served with these Interrogatories, did you pay, transfer or deliver any money or property to the Defendant, to any person or place pursuant to Defendant's direction, or otherwise discharge any claim of the Defendant against you? t0e> 6. At the time you were served with these Interrogatories or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax, or other accounts or deposits in which Defendant has an interest? [0D 7. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the Defendant has any interest? 100 8. At the time you were served with these Interrogatories or at any subsequent time, did you hold any Treasury Bill, repurchase Agreement or any other type of investment or commercial paper in which the Defendant has any interest? tJo 9. At the time you were served with these Interrogatories or at any subsequent time, did you have property of the Defendant or property in which she has any interest on deposit or otherwise in your possession, custody or control other than that property indicated in your answers to the previous Interrogatories? \'0,-" . 10. Have you ever owed money to Defendant or held any property belonging to Defendant? If so, state when you either satisfied the debt or disposed of the property and in what manner, for what consideration, and to whom? !\Jo COYNE & COYNE, P.C. Dated: 2.//(..4 b I / By: arie Coyne, E quire Market Street CampHill,PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 BE :b '1 L I 93J qOOI 'i\..;..::; i...,. \.' \, ~\.J.j;"I"~i !,j .:l::illJ3HS 3Hl jO 3::J1.:I.:I0 o c-:- '" -..::::::.> C~ L_" o ., --< T_ fi1-D r"~ -ry (11 -:')CJ c~(.~; ,.,~~ ~'1S >';'i"n ':.::-:', ~:o -< 3;: :::.:-"'" ::;;J --..J ~J ::<:::: o -0- COYNE & COYNE, P.C., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3523 CIVIL TERM MAUREEN ZIMMER, Defendant CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark this Judgment as Paid and Satisfied. COYNE & COYNE, P.C. k Date 1. I jI.( Jlht.CII '6 By: Lisa arie Coyne, Es uire P upreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff . ,. . CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.c., hereby certify that true copy of the foregoing Praecipe to SatifY Judgment was served this date upon the below-referenced individual at the below listed address by way of first class mail, postage pre-paid: Maureen Zimmer 5913 Geneva Drive, Apt. 3 Mechanicsburg, PA 17055 Ms. Amy Auckerman Commerce Bank 3 Cross gate Drive Mechanicsburg, PA 17050 Dated: .,., ~MU-li-1" ~ }L ( --- o s:.: I.."CI w-n ~.>:.J "".:'r. ...-<) r...;l -"'(, _.,> --..,. (.,,) .;..,..... ~~ ....;,:. ----- .: ......... R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SA TISFffiD. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 42.67 .50 1.00 4.40 40.00 40.00 9.00 Pd by Defendant ~ w lJ\ t .78 156.35 Sworn and Subscribed to before me so~ ~ ~~ R. Thomas Kline, Sheriff ~~A~~/ 2006 A.D. f 1,011 t.k... ~338'V f(..u. ,., (, 117 .....--...... WRIT OF EXECUTION andlor ATTACHMENT . -' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3523 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COYNE & COYNE, P.C., Plaintiff (s) From MAUREEN ZIMMER, 5913 GENEVA DRIVE, APT. 3, MECHANICSBURG, P A 17055 (I) You are directed to levy upon the property of the defendant (sland to sell LEVY ON ALL FURNITURE, ELECTRONIC EQUIPMENT, TOOLS, SUPPLIES, FURNISHINGS AND PROPERTY LOCATED AT DEFENANT'S RESIDENCE OF 5913 GENEVA DRIVE, APT. 3, MECHANICSBURG, PA 17055 -- LEVY AND SEIZE THE FOLLOWING AUTOMOBILE LOCATED AT SAID ADDRESS: 2001 FORD MUSTANG (SILVER COLOR) PENNSYLVANIA TAX NO DVP9421 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANKlHARRIS, NA, 65 ASHLAND A VENUE, CARLISLE, P A 17013 - LEVY ALL BANKING, SAVINGS, CHECKING ACCOUNTS, CERTIFICATES OF DEPOSITS, AND MONIES LOCATED AT ANY AND ALL BRANCHES OF COMMERCE BANKlHARRISBURG, NA GARNISHEE(S) as follows: and to notify the gamishee(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 $2,133.42 Interest FROM 8/30/05 Arty's Connn % Arty Paid $122.07 Plaintiff Paid Date: FEBRUARY 17, 2006 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) /y a~~.~~. Prothono Deputy REQUESTING PARTY: Name LISA MARIE COYNE, ESQUIRE Address: COYNE & COYNE, P.C. 3901 MARKET STREET CAMP Hll..L, PA 17011-4227 Attorney for: PLAINTIFF Telephone: 717-737-0464 Suprane Court 1D No. 53788 . . DISTRIBUTION ATTY FOR PLTFF: Lisa Marie Coyne WRIT NO. 2005-3523 Civil Coyne & Coyne, P.C. -vs- Maureen Zimmer Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 2133.42 68.60 122.o? $ 2324.09 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refimd of Adv. Costs Pd. To Prothonotary $ $ 18.00 42.67 .50 1.00 4.40 .78 40.00 9.00 40.00 2324.09 150.00 1.50 $ $ $ 156.35 2480.44 150.00 2630.44 So Answers: -~ ~<l!: ~ R. Thomas Kline, ~errP BY_CJ ~~ b~eJ9J SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-03523 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COYNE & COYNE PC VS ZIMMER MAUREEN ,Sheriff or Deputy Sheriff of And now SHARON LANTZ Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:00 Hours, on the 1st day of March , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , in the ZIMMER MAUREEN hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CONNIE DZEZINSKI (MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: ~~ ~.--'Thomas Klin ' Sheriff of Cumberland County 03/06/2006 thi"a,;f t1~ proth6no~ry By Sworn and subscribed to before me