HomeMy WebLinkAbout05-3533TH
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PI Fee M.. ^r 1-12 r
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.
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C .P"'DU7 rV,II oe signed ONLY when this notation is required under Pa.
R...J No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Sgneture of Protho,ro(ary wDeputy
?4 1-76
va {t, r d 41 9-s CL2Y'fb,-, 80,, 44 w t T?
OF APPELLANT OR ATTORNFV nR nccn,.
was Claimant (see Pa.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon V-? ?
A rim{- L h I ?-?
appellee(s), to file a complaint in this appeal
Name o/appellee(sJ
(Common Pleas No.0j; ( ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE: To _-?? r' k- I.r_-.-I- E . ?J 1
Name of eppellee(sJ
appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
20
-'ggarumorProthonota or ep
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal, Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT:
I hereby (swear) (affirm) that I served
ss
? a copy of the Notice of Appeal, Common Pleas No. , upon the District justice designated therein on
20 ? by personal service ? by (certified) (reglstnred) mail,
(date of service)
, or
sender's receipt attached hereto, and upon the appellee, (name)
20 ? by personal service ? by (certified) (registered) mall,
sender's receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
Signature of ofllcfni betare whom alfidevlt was made
Title of official
my commission expires on. 20__.
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AOPC 312A - 02 (p?rr
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Niy. Dist. No.:
09-2-01
MDJ Name: Hon.
PAULA P. CORREAL
Address: 1 COURTHOUSE SQUARE
CARLISLE, PA
Telephone. (717) 240-6564 17013-0000
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
FWRITS. HARRIET E NAME and ADDRESS
104 BRIGHTON DH
CARLISLE, PA 17013
L vs. J
DEFENDANT: NAME and ADDRESS
FBONAWITZ, MR. &MRS . CLAYTON 1
580 N,MIDDLETON RD
CARLISLE, PA 17013
PAULA P. CORREAL L J
1 COURTHOUSE SQUARE Docket No.: LT-0000222-05
CARLISLE, PA 17013-0000 Date Filed: 6/02/05
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR p*.DT1°'I'IFF
® Judgment was entered for: (Name) WHITg HARRIET E
Judgment was entered against BONA9/ITZ MR. ?S. CLAYTON
Z Landlord/Tenant action in the amount of $ 973.58 on 6/23/05 n a
The amount of rent per month, as established by the Magisterial District Judge, is $ (Dat 79f5 ud 0ment)
The total amount of the Security Deposit is $ 1,195.00
Total Amount Established III Less- Security Deposit Apg%ed - Adjudicated Amount
Rent in Arrears $ 79.50 - $ 0
Physical Damages Leasehold Property $ .00 _ - $ 879.50
Damages/Unjust Detention $ 00 • no $$ . 00
Less Amt Due Defendant from Cross Complaint - $ n 0
Interest (if provided by lease) $ n0
L/T Judgment Amount 0
El Attachment Prohibited/ $ gqg SO
42 Pa.C.S. § 8127 Judgment Costs $_ 94 08
Attorney Fees It
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
nn
$ 973.58
? 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 JUDGMENTtTRANSCRIPT 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.
- ' Date
Date
oycaomm ission expires first Monday of January, 2006
SEAL
District
District
PLAINITT
Harriet E. White
Vs.
DEFENDANT,
Clayton & Brandi Bonawitz
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 05-3533 CIVIL TERM
COMPLAINT
NOTICE TO DEFEND
AND NOW comes PLAINTIFF, by and through his attorneys, Frey 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, of 1191 McClures Gap Rd„ Carlisle, PA
17013
3. Plaintiff is the owner of 580 N. Middleton Rd. Carlisle, PA, Cumberland County,
Pennsylvania, by virtue of a deed from Cumberland County, PA
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 fast date of each succeeding month during the term of the lease.
(Amount pro-rated from November 9, 2004 to November 30, 2004 was $583.00
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 Corral's Office
on June 20, 2005. Total due to Plaintiff from Judgment is $973.58 GA H 16 I T-
10. Plaintiff has spent $94.08 to District Justice Maj. Before it was appealed.
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. t'
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.
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Spneture of Prdhorrdery or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to file a complaint in this appeal
Name or appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To - - , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeat within twenty (20) days'after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
..
+
Date: ) ,20 Slgnaturarof ProMonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WJTATH19'NOTICE OF APPEAL.
AOPC 312-02
COPY TO BE SERVED ON APPELLEE
90 " 52RESIDENTIAL LEASE } i y 3) ] = A
This f..m mcm,um,, 3? pproved for, WE nol r..Ene ,A Iu utc hy, the neniklx of the Pcnnsylvunio AsNrn:ialion or RLALTORS® (PAR)-
PA LICENSED BROKER
LISTING BROKER (Company)
ADDRESS_ ?', ?6' h1 ?a.^,",??:1•-••1r t' l:`?
PH_):,_I FAX O' I R
DESIGNATED AGENT-FOR LANDLORD (if applicable)
1
x
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n
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1s
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as
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LR
PA LICENSED BROKER
LEASING BROKER (Company)
ADDRESS
DESIGNATED AGENT FOR TENANT (if applicable)
L. Ti, EASE dated
1J is between 1
1 M lZ n x y i 1} 4 ) i} 4 'Y' - ??1 v l, a called "Tenant," and 2
"r' t ' z t called "Landlord." 3
2. PROPERTY 4
Landlord agTees to rent to Tenon4 the foll4wttnB Property AC n, r, 3 1
? f a ? 'r i' 1 1 r n 4 1 ,- i ., 5
3. STARTING AND ENDING DATES OF LEASE (also called 7
A. Starting Date: This Lease starts on j 1 r 4 r 1 t1 r i i at 12 Noon. o
B. Ending Date: This Lease ends on at 12 Noon. 9
4. RENEWALTERM 10
5.
6.
7
8.
39
46
41
42
43
44
45
45
47 9.
48
49
50 10.
51
52
This Lease will automatically renew for a term of 1 N-1 to to ! at the Ending Date unless: n
A. Tenant gives Landlord _Ls?_ days' written notice before'Ending Date or before the end of any Renewal Term, OR 12
B. Landlord gives Tenant -Ia)- __ days' written notice before Ending Date or before t he end of any Renewal Term. a
C. For Month-to-Month Leases Only: Either Landlord or Tenant may end a month- to-month Lease by giving 30 days' 14
written notice on or before the day the next rent is due. 15
RENT 16
A. The total amount of rent due over the term of this Lease is pp 3
$ 3 , 0 Ci 17
B. The total rent due each month is_ 3 $ `{ cJ (Jd 16
C. Rent is due on or before the l `i day of the month, 19
D. Tenant pays a late charge of CO °? $ 29
E. if rent is more than • ; ' days ate.
Tenant makes payments to:
, :a r /i is `•?} ?"l i? 21
?'•)i7r1 E'? •-- jp`t
_
Address 'o e (' n r ?, U l 1 23 l1
-
BEFORE MOVING IN TENAN AYS k yy, w )' OQ tO v?
In Paid ba
We It e 24
A. Pail of a month's rent if Tenant takes possession before first regular due date $ $ ?'i . C) Q2s
B.
C First month' rent
„
r D
Othe $ $ x .?3 026
. e
r: $ $ QQ?027
D. : Security Deposit, on dep sit at: 1 ,. - • e, . - 26
?! ry t 1 (iime of bank)
,,r ?lr Locj _t 29
Q(' $ '1 1 ? .OCJ w
$ 3A
,2
Total rent and security deposit received to date -
-
$ a o
31
Total amount due before Tenant moves in $ •Qr32
USE OF PROPERTY
]
A. Tenant will use Propetty as a residence or C', l t; c i) C', ? ? ) 33
B. Not more than } l • I ia, people will live on property. 34
UTILITIES AND SERVICES 35
A. Landlord will pay for 36
a
fl' Cold water ? Hot water ?
G
Trash removal 37
38
as ? Heat ? Lawn and shrubbery care 39
? Electricity ? Snow removal ? Water costs over yearly charge 40
? Heater maintenance contract ? Sewage costs and maintenance Other o ?'t
B. Tenant will pay for
i , 41
? Cold water{( Hot water J3Y
G
<
$(
Trash removal 42
43
as
) r r `01, ) ? Heat Lawn and shrubbery care 44
Electricity t Snow removal ?
O Water costs over yearly cha g 45
Heater maintenance contract ? Sewage costs and maintenance jt Other r '+
SPECIAL INSTRUCTIONS The Office of Attorney General has not pre-approved
any special conditions or additional 46
47
terms added by any parties. Any special conditions or additional terms must comply with the Pennsylvania Plain Lan
ua
e
Consumer Contract Act. g
g 48
CONDITION OF PROPERTY 49
Tenant understands that Landlord will make no repairs, additions, or changes to the property except as follows: so
67 women. Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint and lead-based
66 paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.
69 A. Landlord initial one:
70 , Landlord does not know of any lead-based paint or lead-based paint hazards (dangers) on the Property;
71 OR
72 Landlord knows that there is lead-based paint, or that there are lead-based paint hazards on the Property.
73 Landlord must explain what Landlord knows about the lead-based paint and hazards, including how Landlord
74 learned that it is there, where it is, and the condition of painted walls, trim and other surfaces. Landlord must
75 give Tenant any other information Landlord has about the lead-based paint and lead-based paint hazards.
76
77
78 B. Landlord initial one:
79 - Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property;
eo OR
91 Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards
82 on the Property. List records and reports:
83
84 C. Tenant initial all'that are true:
e5 _ Tenant received the pamphlet Protect Your Family From Lead in Your Home.
e6 ! Tenant read the information Landlord gave in paragraph I1 (A) and (B) above.
87 _ Tenant received all records and reports that Landlord listed in paragraph I I (B) above.
88 D. Landlord and Tenant certify, by signing this Lease, that the information given is true to the best of their knowledge,
eq 12. RULES AND REGULATIONS
90 A. Rules for use of the Property are attached. D Yes No
91 B. Tenant promises to obey the Rules.
D2 C. Landlord cannot change the Rules unless the change benefits the Tenant or improves the health, safety, or welfare of
93 - others. '
94 13. TENANT'S CARE OF PROPERTY
95 Tenant, Tenant's family and guests agree to obey all laws and Rules that apply to Tenant.
96 A. Tenant will:
97 ()) Keep the Property clean and safe.
98 (2) Get rid of all trash, garbage and any other waste materials as required by Landlord and the law.
se (3) Use care when using any of the electrical, plumbing, ventilation or other facilities or appliances on the Property,
loo including any elevators.
101 (4) Tell Landlord immediately of any repairs needed. Landlord does not have to repair any damage caused by Tenant's
162 willful, careless, or unreasonable behavior.
103 B. Tenant will not:
104 (1) Keep any flammable materials on the Property.
toy (2) Willfully destroy or deface any part of the Property.
106 (3) Disturb the peace and quiet of other tenants.
107 ' (4) Make changes to the property, such as painting or?remodeling, without the written permission of Landlord. Tenant
10e understands that any changes or improvements will belong to the Landlord.
109 C. Repairs by Tenant: Tenant will pay to repair any item in or on the Property that costs less than $ : in c? 0
lie 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
iii guests cause through a lack of care.
In 14. LANDLORD WILL MAINTAIN PROPERTY
iii A. Landlord will keep the Property and common areas in reasonable condition and as required by law.
114 B. Landlord will keep all the structural parts of the Property in good working order, including:
11.5 Ceilings Roof Floors ' f0 Walls
116 e14 Steps Porches )RI Windows ? Doors
117 C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe and good working order,
11e including:
lie .0 Air Conditioning )RI Sanitary Electrical lu Ventilation Vorainage
120 ? Security A Heating ? Water Heating ,`fSl Plumbing
121 D. Landlord will keep Property reasonably free of pests, rodents and insects. This does not apply if Property is a
122 single-family dwelling.
123 E. Landlord will supply utilities and services as listed in paragraph 8 (Utilities and Services) of this Lease, unless the
124 service is interrupted by circumstances beyond the Landlord's control.
125 F. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant because Tenant
126 (1) complains to a government agency or to Landlord about a building or housing code violation.
127 (2) organizes or joins a Tenant's organization.
129 (3) uses Tenant's legal rights in a lawful manner:
129 15. LANDLORD'S RIGHT TO ENTER
tab E. When Tenant moves from the Property, Tenant will return all keys and give Landlord written notice of Tenant's mail- tar,
147 ing address where Landlord can return the security deposit. Up
1116 F. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the 146
149 security deposit. Landlord must return security deposit and interest (minus any charges to Tenant) within 30 days. 110
no 17. POSSESSION 150
151 A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease, 151
152 B. If Tenant cannot move in because previous tenant is still there or because of property damage, Tenant can 152
153 (1) change the starting date of the Lease to the day when Property is available. Tenant will not owe rent until Property 153
154 is available; OR 154
155 (2) end the Lease and have all money already paid as rent or security deposit returned. 155
156 18. RENT INCREASES 156
157 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
158 and water and sewer charges. 158
159 B. If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the increase. 159
16o 19. NO PETS
160
161 Tenant will not keep any pets on any part of the Property without Landlord's written permission. 1st
tez 20. SMOKE DETECTORS 162
s3 A. ; Tenant will maintain and test (monthly) any smoke detectors on the Property. 63
164 B. Tenant will notify Landlord or broker for Landlord of any broken smoke detector(s). 164
165 C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors. 165
166 21. FIRE OR OTHER DAMAGE 166
167 A. If the Property is accidentally damaged (fire, flood, etc.): 167
Ise (1) Tenant may continue to live on the livable part of the Property and pay a reduced rent as agreed to by Tenant and its
169 Landlord until the damages are repaired; if the law does not allow Tenant to live on the Property, then this Lease 169
170 is ended; OR 170
171 (2) If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immediately that Lease is ended 171
172 and move out within 24 hours. 172
173 B. If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tenant. 173
174 C. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will remain in effect and Tenant 174
175 will continue to pay rent, even if Tenant cannot occupy the Property. 175
176 22. AFTER NOTICE TO END LEASE 176
177 A. After Tenant or Landlord has given written notice to end this Lease, Landlord may show Property to possible tenants. 177
178 Landlord will not show Property unless Tenant is there or has a reasonable chance to be there. Tenant does not have 175
179 to allow possible tenants to enter unless they are with the Landlord or Landlord's representative, or unless they have 179
180 written permission from the Landlord. 180
181 B. Landlord may put up For Sale or For Rent signs on or near Property. 181
182 C. Tenant agrees to move out peacefully when Lease is ended. 182
163 23. IF TENANT BREAKS LEASE: 183
184 A. Tenant breaks this Lease if: 184
Its (1) Tenant does not pay rent or other charges. 165
186 (2) Tenant leaves Property permanently before the end of this Lease. 186
187 (3) Tenant does not move out when supposed to. 167
toe (4) Tenant fails to do anything Tenant agreed to in this Lease. 168
189 B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Landlord cannot evict Tenant 159
190 (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE lee
191 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. 192
193 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTICE TO MOVE OUT. 193
1911 C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must give Tenant written notice 194
195 describing the violation and giving Tenant FIVE DAYS to correct the problem, If Tenant does not correct the problem, 195
I9s Landlord can then give Tenant FIVE DAYS' written notice to move from the Property. If Tenant does not move out, 196
197 Landlord can file a lawsuit to evict Tenant on the sixth day. 197
198 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NOTICES TO CORRECT lee
199 PROBLEMS AND TO MOVE OUT. 199
200 D. If Tenant Breaks Lease for Any Reason, Landlord may: 200
201 (I) Get back possession of the Property by going to court to evict Tenant. If Landlord hires a lawyer to start 201
202 eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs. 202
203 (2) File a lawsuit against Tenant for rents and charges not paid and for rents and charges for the rest of the Lease 203
204 term. If Landlord wins (gets a money judgment against Tenant), Landlord can use the court process to take 204
205 Tenant's personal goods, furniture, motor vehicles, and money in banks. 205
206 (3) Keep Tenant's Security Deposit. 206
207 24. SALE OF PROPERTY 207
208 A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing: -
226 26
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29.
30.
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33.
SUBLEASING AND TRANSFER
A. Landlord may transfer this Lease to another landlord. Tenant agrees that this Lease remains the same with the new
landlord.
B. Tenant nmy not transfer this Lease or sublease (rent to another person) this Property without Landlord's written per-
mission. Landlord will be reasonable about giving written permission.
TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. If
so, Landlord agrees to make the mortgage payments. The rights of the mortgage lender 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.)
TENANT MAYBE WAIVING OR GIVING UPTENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF THERE
IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE.
BROKERS (1.00) The Business Relationships between the Broker(s) and Landlord and Tenant are as follows, UNLESS a
different relationship is checked below.
A. The Listing Broker is Agent for Landlord.
B. The Leasing Broker is Agent for Tenant.
C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all
licensees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent(s) for Tenant. If the same
Licensee is designated for Landlord and Tenant, the Licensee is a Dual Agent.
A Business Relationship exists that is different from above, as follows:
? The Leasing Broker is the Agent/Subagentfor Landlord.
? The Leasing Broker is a Transaction Licensee.
? The Listing Broker is a Transaction Licensee.
D. Broker (s) may perform services to assist unrepresented parties in complying with the terms of this Agreement.
MEDIATION
A. Mediation is a way of resolving problems. An7ediatorhelps the disputing parties reach an agreeable solution without
having to involve the courts.
B. Landlord and Tenant may agree to take any disputes,arising from this Lease to a mediation program offered by the local
association of REALTORSO" 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 to mediate after a dispute arises.
INSURANCE AND RELEASE
A. Tenant understands that
(I) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY, OR GUESTS.
(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
loss or claim, including attorney's fees, that results from the damage or injury.
C. Landlord is responsible for any injury or damage that results from Landlord's carelessness.
D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause.
CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs.
CONSUMER NOTICE Tenant and Landlord have received the Consumer Notice as adopted by the State Real Estate
Commission at 49 Pa. Code §35.336.
ENTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord. No spoken or written agree-
ments made before are a part of this Lease unless they are included in this Lease.
29 V,
227
226
229
230
231
232
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234
235
236
217
238
238
240
241
242
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244
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2G0
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253
264
265
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270
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282
NEY.
NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTIONS, TENANTJS ADVISED TO CONSULT AN ATTO
R
WITNESS TENANT - _ t DATE f?
Tenant's Mailing Address SS #
Phone Number(s) FAX # E-Mail
P /
1 t
/-'
fi
' ATE
WITNESS Jr
y
J
0 '
t
TENANT - D
Tenant's Mailing Address SS
Phone Number(s) FAX # E-Mail
WITNESS TENANT DATE
Tenant's Mailing Address SS #
Phone Number(s) FAX # E-Mail. "
WITNESS LANDLORD ( , ,a 2 ?% ?.r7 j?.E? DATE":- _ 5 - ti K
Landlord's Mailing Address SS #
Phone Number(s) FAX # E-Mail
WITNESS LANDLORD DATE
205 Brokers'fLicensees' Certifications
286 Brokers and Licensees involved in the transaction certify, by signing here that:
281 (1) The information given is true to the best of their knowledge.
266 " (2) They have told Landlord of Landlord's responsibilities under the Residential Lead-Based Paint Hazard Reduction Art
an f4211_1;.C_ 64852d1. described in the Lead Hazard Dicrlncll ? De....:---
263
284
285
266
287
TENANT(S
O
ADDRESS
DESCRIPTION OF PET(S) PU MITTED BY LANDLORD:
- _?YmAsAro)cer
Landlord agrees to allow the Tenant(s) to have the pet(s) listed above and the
Tenant(e) agrees:
I. To keep pet under control at all times and not to permit pet to run
loose.
2. To immediately clean up any messes made 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 immediately remove 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 expiration 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 consent of Landlord.
`G^ 4 T ?
LANDLORD: DATE:
LANDLORD: DATE:
JACK GAUGHEN REALTOR, ERA
RENTAL AND PROPERTY MANAGEMENT
ADDENDUM TO EXCLUSIVE RIGHT TO RENT AGREEMENT
Date of Listing:
Property Address: 14 1. +
Owner(s):
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 lack Gaughen Realtor,
ERA Property Management through their agent, _, k 1 =t tl,'' , that:
Place a (4) where applicable:
? To the best of our knowledge, my/our water source is potable and safe for human
consumption without treatment.
? My/our water source is not safe for human consumption
My/our water source is potable with the use of 's r \_ , ,,
° ) pe Treatment `
`
? Not applicable. Water supply is public.
OWNER'S PRIVATE ON-LOT SEWAGE SYSTEM DISCLOSURE
We, the undersigned Owner's herein disclose that our property is serviced by the following type of private
on-lot sewage system:
Place a (4) where applicable:
yC Conventional septic system
,off Sand mound septic system
? Holding tank (no drain fields)
? Cesspool
? Other:
To the best of our knowledge, our private on-lot sewage system is in good working order, with the
following exception:
Date: Landlord:
Date: Landlord:
Date: Landlord:
RULES. REGUIATIQHS,.AM SPECIAL CLAUSES
AUTHORIZED
ive on property. List q11 names and
' Ia51w F3ongW?
Guests are permitted. A. guest is a visitor for two (2) weeks or less.
TENANT UTILITIES
Heat is: ?,\ ( I
Hot Water is: p.?eG?r1G
Electricity:
Cooking is: etaArkr-
Water is:
Sewer is:
Trash removal:
Telephone:
TV Cable:
PHONE NUMBER
90a 3Hiz-5-115
B X15 -1 55 -7
21.3- 3131
2A 3 - X191 %
Association Fee paid to:
APPLIANCES AND P S014AL PROPERTY INCLUDED WITH PROPERTY:
The appliances/items checked off below are provided for the Tenant's use.
Landlord 15 responsWe for the repair or replacement of these items. Tenant
must tell Landlord if?J any of these items are not working properly.
refrigerator _L1_ range/stove -X- dishwasher garbage disposal
washer dryer lawn mower freezer
window unit air conditioners (# other
The appliances/items checked off below are provided for the Tenant's use.
Landlord Is NOT responsible 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;iance/item:
refrigerator washer _ dryer - lawn mower freezer
_ window unit air conditioners (0 ) Other
CARPET SHAMPOO NG
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:
?y Water Potability _?, Septic Radon Other
y/ PET CLAUSE is attached as part of this lease.
42 RULES. REGULATONS S SPECIAL CLAUSES are attached as part of this lease.
LANDLORD: p??, DATE:fD - ?`- O
LANDLORD: DATE:
PPL
PPL
JACK GAUGHEN REALTOR, ERA PROPERTY MANAGEMENT AND RENTAL DEPARTMENT
OWNER'S PROPERTY DISCLOSURE
\ `` a
Property Address: VS 3Cf A ?', k l
Owner(s)lLandlord(s)RVi ? t '=^' Tenant(s): t:.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)
? The property had ? Short Term Screening 0 Annual Testing ? Other
Testing was conducted by ? Landlord(s) ? Certified Tester
The results of all tests were Picocuriesfliter (attach test results)
Landlord(s) took remedial action on (date) and the Radon was reduced to
Picocurieslliter.
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 reverse of this disclosure and certify that:
PROPERTY ? WAS ,,,t?,WAS NOT BUILT IN 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 learned 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 lead-based paint and lead-based
paint hazards.
B. Landlord initial one:
Landlord has no reports or records about lead-based paint or lead-based paint hazards at the Property;
OR
Landlord has given Tenant all 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 pamphlet 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 that Landlord gives Tenant the information required
by the Act.
E. Landlord, Tenant, and Agent for Landlord certify:
1. 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 information given is true to the best of Agent's
knowledge. (Agent's Signature)
Rtn ES R.EGUL ATIONS AND SPECIAL CLAUSES
LEASE ATTACHMENT FOR:
#1 - PET CLAUSE - (SEPARATE FORM)
#2 - MILITARY CLAUSE - (SEPARATE FORM)
#3 - OIL TATiK,?_?CLAUSE .
Tenant agrees that the oil tank is full at start of lease and Tenant
agrees to fill the oil tank to the same level before exiting property.Tenant
agrees to buy oil from _
_ #4 - PROPERTY FOR SALE CLAUSE
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 as 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.
?C #6 - LAWN CARE CLAUSE
Tenant(s) agrees to cut, edge, weed, trim, rake, mulch, and remove trash and
debris, from all flower beds, shrubbery, and lawn areas as needed.
_ #7 - HOMEOWNERS ASSOCIATION - LAWN & SNOW
The Homeowners Association is responsible for lawn care and snow removal.
Neither the Owner/Landlord nor Jack Gaughen Property Management is responsible
for these services.
_ #B - NO SMOKING CLAUSE
Tenant(s) agrees not to allow the smoking of any tobacco products in the
property during the lease by themselves or guests.
_ #9 - GUARANTOR CLAUSE
I(We) do agree to be responsible for the lease to the Landlord for the benefit
of the Tenant (a) and I(We) do guarantee all sums 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 60% with area
rugs and hallway runners.
#12 - WELL WATER TREATMENX 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
sof ener will be charged to the Tenants.
#13 - ADDITIDNAL SPEC A CLAUSES (f;: 11 ``'
Ter,Anl- r•?N?1F? ?WV(?` rertlerN lrn3w-q?ce. ou,A proVlce Ce?{? i1CgTC o1"
I nsu`?dince, l0 I0'1\ort\ .
Cbl Lei-,?,,;4 is rcS?onslble Ter ?)rUJ?tll? u('ObanC tLr' tPru?taCt .
LANDLORD
DATE: 1p-y- O.K
LANDLORD:
DATE:
FREY & TILEY
?J? tt V 1 I? L/ ATTORNEYS-AT-LAW
CARLIISLEHPENNSYLVAN A 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
Mr. and Mrs. Clayton Bonawitz
580 North Middleton Road
Carlisle, PA 17103
January 27, 2005
Re: Occupancy of 580 North Middleton Road
Dear Mr. and Mrs. Bonawitz:
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
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 testing 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 15 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.
RGF/tl
Sincerel yours,
Robert G. Frey
cc: Richard R. Gan, Esquire
Mrs. Harriet White
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
MaY 4, 2005
Mr. and Mrs. Clayton Bonawitz
58o North Middleton Road
Carlisle, PA 17013
Re: Occupancy of 58o North Middleton Road
Dear Mr. and Mrs. Bonawitz:
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
I am writing to enclose a Notice of lease violations concerning your occupancy of
58o 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 him with a copy of this letter and the notice.
Sincerely yours,
-'I
Robert G. Frey
RGF/ enc.
Cc:
Richard R. Gan, Esquire
17 West South Street
Carlisle, PA 17013
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE. PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
NOTICE TO QUIT
TELEPHONE (717) 243-5838
ROBERT G. FREY
\A- N blfi
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:
1. 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:
Robert G. Frey, 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
STEPHEN D. TILEY
ROBERT G. FREY
May 11, 2005
Mr. and Mrs. Clayton Bonawitz
580 North Middleton Road
Carlisle, PA 17013
Re: Occupancy of 58o North Middleton Road
Dear Mr. and Mrs. Bonawitz:
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
I am writing to advise you that work on the septic tank at the property with
mailing address of 58o 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 equipment can park and unload. Hopefully you will be
able to work with the contractor for a mutually satisfactory arrangement.
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.
Sincerely you ,
Robert G. Frey
RGF
Cc:
Richard R. Gan, Esquire
17 West South Street
Carlisle, PA 17013
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE. PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY g ('r 11wf
May 19, 2005
Richard R. Gan, Esquire
17 West South Street
Carlisle, PA 17013
Re: 58o North Middleton Road
Dear Rich:
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
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 accomplish that transaction, a number of things need to
be accomplished which will involve your clients. First and foremost, 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 time 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 from 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 mobile 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 first week of June, they may
Frey & Tiley
Attorneys-at-Law
Richard R. Gan, Esquire
Re: 58o North Middleton Road
May 19, 2005
Page 2 of 2
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 will 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.
RGF
ours, ?Z)
LGob-YFrey
Cc:
Harriet White
Debra Rhoades
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
Richard R. Gan, Esquire
17 West South Street
Carlisle, PA 17013
Re: 580 North Middleton Road
Dear Rich:
L X 11
May 26, 2005
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
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 height 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.
Sincerely yours, _
Robert G. Frey
RGF
Cc: Harriet White
COMMONWEALTH OF PENNSYLVANIA
(:Y)1INTV hF CUMBERLAND
09-2-01
MOJ Name: Han.
PAULA P. CORREAL
Address: 1 COURTHOUSE SQUARE
CARLISLE, PA
Telephone: (717) 240-6564 17013-0000
L
PAULA P. CORREAL
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
Docket No.: LT-0000222-05
Date Filed: 6/02/05 IM&
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) WHITE, HARRIET E
Judgment was entered against BONAWITZ, MR. &MB. CLAYTON in a
® LandlordlTenant 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 $ 1,195.00
=
Total Amount Established b MDJ Less. Security Deposit Applied
=
Rent in Arrears $ 79.50 - $ .00
=
Physical Damages Leasehold Property $ .00-$ .00
Damages/Unjust Detention $ _ 00 - $ _ 00
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
LIT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
?: Possession granted if money judgment 1
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ Adjudicated Amount
879.50
$ .00
$ .00
$ _00
$ _QO
$ 879.50
$ 94.08
$ :00
$ 973.58
? Defendants are jointly and severally liable.
IN AN ACTON 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 PROTHONOTARYICLERK 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 TOFILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF, JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR 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.
Date
Date
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF:
NAME and ADDRESS
HARRIET S
F
NHITE,
104 BRIGHTON DR
CARLISLE, PA 17013
L J
VS.
DEFENDANT: -NAME and ADDRESS
FRONAWITZ, MR. & RS. CLAYTON 1
580 N MIDDLETON RD
CARLISLE, PA 17013 J
District
District
MXCcommission expires first Monday of January, 2006 • SEAL
AO 315A-05
,b' t? 5-3523 ,,.
Rules, Regulations and Special Clauses T (Y"
Pet Clause:
Permitted by Landlord:
601B: Male dog only, the Bonawitz also have a cat 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 were 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, 4 h grade, Shyanne Shane
V grade, and Ashley Leonard 8a' grade. The parent'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" 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 grasstweeds 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 the 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 1-'/2 hours.
Additional Special Clauses:
Tenant must have renter's insurance and provide a 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 the 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 truck 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 police would not allow us to
enter the property, we sit along the road for over an 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 truck and said that if anyone touches the truck 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
truck 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 tenants will not receive our
calls or messages.
Clayton Bonawitz calls the police of N. 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 owners 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 truck 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, PA 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 representing 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.
EoF
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Curtis R. Long
Prothonotary
(Office of the i9rotbonotarp
Cumberrantl QCountp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
6S'-2S32 _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) 240-6573