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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
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COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
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This block will be signed ONLY when this notation is required under Pa,
R.C.P.J.P. No. 1008B.
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This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 Prothono~ ;tJ_. /'
C, ' C/"J J r,,( 0 c.l, ( e.., {-v. wdi:.
Enter rule upon c' N 5 tJ I ~ ,appellee(s), to file a complaint in this appeal
/'J Name of appellee(s)
(Common Pleas No. 0,[; - ,l)(j l.P ~~~ within twenty (20) days after sezar~ ?;,ntry of .
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. .'1ppellee(s) I
To
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attorney or agent
RULE:
Name of appellee(s)
(1) You are notified that d 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 WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:0r>::t- '9 .'tl(.,2/Y\..s
AOPC 312.90
COURT FILE TO BE FILED WITH PROTHONOTARY
'-
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FIl.E COMPLAINT
(Tj_ ,'s nruof at scrV;('F',t1UST l?E FIL to ~1r,/!Tf:U!',J F/t.:I ,'r';; Df.. '/S ;\ rrFF fi/!f)'! 'h, nnt/I!'
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COMMON\!VEAL TH OF PENN$Yl VANtA
COUNTY OF~_
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBBIlLAJlD
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CIlARLBS A. CLBIIBlIIT, J1l
Address' 400 BRIDgB ST
OLDB TOWRB COMMONS -SUITB 3
NEW CUMBUT.IUIID, PA
Telephone: (717 ) 774-5989 17070
WILLIAM MANLEY
2071 DBRBYSHIB.B ROAD
FlJRLONg, PA 18925
THIS IS TO NOTIFY YOU THAT:
Judgment:
NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'cONSOLIDATED PROPBRTIBS/COUNTRY WLi
400 NORTH FROJIIT ST
ATTlII: SCOTT STAIgBR
t!'l'RMLBYSBtJIlg, PA 17043 .-l
VS.
DEFENDANT: NAME and ADDRESS
iJuNLBY, WILLIAM
2071 DBB.BYSHIRB ROAD
FURLONg, PA 18925
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Docket No.: CV-0000438-05
Date Filed: 7/22/05
Judgment was entered for:
(Name)
POB. PLAIJllTIPP
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.
t"n.AnT.Tna....'Rn 'P'Rn'D'Rv"I'T
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Judgment was entered against: (Name)
in the amount of $
Va,1IT.1I!V WTT.T.Ta1l
9/20/01;
2 40/; :\0 on:
D Defendants are jointly and severaliy liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. 9 8127 $
o Portion of Judgment for physical
damages arising out of residenlial
lease $
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 2.320.80
Judgment Costs $ 85.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2.406.30
Post Judgment Credits $
Posi Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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 MAYBE ISSUED BY THF MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERI?5I'W~N..'1iHE;JNDGJIIIENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF T[:lE ,J\iO'GMENT DE~tOR ~A YS IN FULL,
SElTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. / ~" t': "j -t. "
SEP 26 2005 Date ~ . ~- ' ;'M~~~te~~~\I~tr(~t ~&d~e
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I certify that this is a true and correct copy of the record of the proceedings containing i~~ juqg,ment.
Date
My commission expires first Monday of January, 2008 .
AOPC 315-05
DATB PRIJllTED:
10/19/05
, Magisterial District Judge
SEAL
2:20:57 PM
NOTICE OF APPEAL
COMMONWEAI,TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No ()5 -SL/LoJ-> C,U,C jsr.....h!
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 mentioned tJelow.
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This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signarure of Prothonotarv or DeputV
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 Prothonota;.y
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Enter rule upon '-.... ,__J
RULE:
To
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j . , appellee(s), to file a complaint in this appeal
/) Name of appellee(s)
c..;..; I~'( 1 Within twenty 1201 days after service of rule or suller entry of .
f CLh"l V,A;.. c r-;I5.,.
lr' .. - .{.;" - A Signature of appel/ant
1/ ;~? (J'~ (, e Cr>>' '..-,.11 toJ",-< I::..
- . ppelleelsl
(Common Pleas No.O-S'. !-;L/t.P
t of non pros.
is attornev or agent
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon- you" by. personal service or by certified or registered mail.
" ,
121 If you do not file a complaint within thIS time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date Dc ~ /9 . ~~.s
otarv or Oeputv
AOPC 312.90
COURT FILE
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NOTARIAL SEAL
Victoria 1.,. Child. Notary Public
'Buckingh'am Twp., Bucks County
My commission expires November 24, 2007
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David J. Lanza
LD. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
CONSOLIDATED PROPERTIES! COUNTRY
WALK APARTMENTS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 05-5468
v.
CIVil ACTION - LAW
WilLIAM MANLEY,
Defendant
NOTICE TO DEFEND
To the Defendant:
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
David 1. Lanza
J.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 1701 I
(717) 730-3775
Attorney for Plaintiff
CONSOLIDATED PROPERTIES! COUNTRY
WALK APARTMENTS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 05-5468
v.
CIVil ACTION - LAW
WilLIAM MANLEY,
Defendant
NOTICIA
le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en
!as paginas suguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y fa
notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte
en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si
usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder
dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE EST A DEMANDA A UN ABODAGO IN MEDIA T AMENTE. 51 NO TIENE ABOGADO 0 51 NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
David J. Lanza
1.0. No 55782
2157 Market SI.
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiffs
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5468
CONSOLIDATED PROPERTIES! COUNTRY
WALK APARTMENTS,
v.
CIVIL ACTION - LAW
WILLIAM MANLEY,
Defendant
COMPLAINT
I. Plaintiffs are the owners ofthe real property situate at ] 435 Hillcrest Court, Apartment 107, Lower Allen
Township and maintain an address at 400 North Front Street, Wonnleysburg, P A 17043.
2. Defendant, William Manley, is an adult individual with an address at 2071 Derbyshire Road, Furlong, PA
18925.
3. On or about October J 9th, 2004, Plaintiffs and Defendant entered into a Lease Agreement for the real
estate situate at 1435 Hillcrest Court, Apt. ] 07, Camp Hill, a true and correct copy of which is attached hereto as Exhibit
"A".
4. The aforesaid Lease Agreement requires Defendant to pay to Plaintiffs the sum of$785.00 per month.
5. Defendant is in breach of his obligations under the aforesaid Agreement in that he has failed to make the
montiy rental payments from and after May 2005.
6. Defendant is in breach of his obligations under the aforesaid Agreement in that he has damaged the rental
unit.
7. Defendant has damaged the paint, carpet and related items.
8. Defendant failed to clean the premises as required under the aforesaid Lease.
9. Defendant left debris and various items in the rental unit upon his eviction, thus incurring storage charges
and depriving Plaintiffs of rent.
10. Plaintiffs have been forced to incur filing fees at the District Justice for the purpose of enforcing the
Lease and obtaining judgment against Defendant.
II. Plaintiffs have incurred costs in the amount of $2,406.30 (after deduction of the security deposit) as set
forth on the correspondence attached as Exhibit B.
12. Pursuant to the aforesaid Lease, Plaintiffs are entitled to recover attorney fees resulting from Defendant's
breach.
13. Plaintiffs have incurred and are expected to incur attorney fees in the amount of $2,000.00 (in addition to
the fees already incurred) to enforce the Lease obligations.
14. Plaintiffs are entitled to judgment in the amount of$ 4,631.56, set forth as follows:
Damages and unpaid rent
Attorney fees
Interest at 6% from June 23, 2005 through
May 1, 2006.
Total
2,406.30
2,000.00
225.26
4,631.56
15. Plaintiffs have the demanded the aforesaid sums, but Defendant has failed and refused to pay the same or
any part thereof.
Wherefore, Plaintiffs demand judgment against Defendant in the amount of 4,631.56, plus costs and interest.
By:
9) (f-
David J. Lanza
Attorney 1.0. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiffs
VERIFICATION
I, Scott Staiger, Manager, verifY that the statements made in the foregoing Answers are true and correct to the best
of my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. ~4904 relating to unsworn falsification to authorities.
By: -i~()..~
Scott Staiger
Date: Me..r-c.:.,.... ""'7} ).(J()e
CERTlFICA TE OF SERVICE
AND NOW, this 1st day of April 2006, the undersigned does hereby certify that he did this date serve a
copy of the foregoing Complaint upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
William Man]ey
207] Derbyshire Road
Furlong, P A ] 8925
9Jji
David J. Lanza
By:
LEASE AGREEMENT
~
THIS LEASE, made this 19th day of October,2004 BETWEEN
COUNTRY WALK, The Owner or Landlord, AND William Manley
-(Hereinafter whether one or more, referred to as "Tenan.t")
WITNESSETH: That Owner hereby leases to Tenant and the latter
lets from the former, the apartment designated as:
1435 Hillcrest Court Apt. 107, Camp Hill, PA 17011 hereinafter
called the "premises", for the term of TWELVE (12) Months beginning
on the 1st day of November, 2004 and ending on the ~lst day of
October, 2005, at the rent of NINE THOUSAND FOUR HUNDRED and TWENTY
AND 00/100 ($9,420.0) DOLLARS per year payable in monthly
installmeI"\ts of SEVEN HUNDRED EIGHTY-FIVE AND 00/100
($785.00) DOLLARS due on the first of each and every month in
advance. IF RENT IS PAID IN FULL FOR THE FIRST SIX MONTHS IN
ADVANCE, THERE IS A 5% DISCOUNT. ONE YEAR'S RENT IS IN THE AMOUNT
OF $9,184.50.
This letting is upon the following terms and conditions:
1. Rent. Tenant agrees to pay to Landlord the monthly rent set
forth above on the 1st day of each month in advance, at such place
as Landlord shall designate. Tenant further shall pay a late
charge of five (5%) percent per month of the amount of rent in
default on the 4th day of each month. If the rental payment is not
received by the 5th day of any given month, additional late fee
charges will accrue-at $5.00 per day until payment is received. If
rental is mailed, the postmark date will determine the day of
payment. If any check for the rent is returned to Landlord for
insufficient funds or other reasons, a $20.00 service charge will
be charged plus direct bank charges from our bank.
2. Wai ver of Notice to Quit. Tenant hereby waives the usual
notice to quit and agrees to surrender the premises at the
expiration of said term, or the termination of this lease for
whatever reason, forfeiture or otherwise without notice from lessor
whatsoever. If proceedings shall be commenced by lessor to recover
possession of the premises, either at the expiration of the term or
earlier termination of the lease, or for non-payment of rent, or
for an other reason, tenant specifically waives the right to three
(3) months notice and to fifteen (15) or thirty (30) days notice or
any other notice required under the Landlord and Tenant Act of 1951
as amended, and agrees that no notice whatsoever shall be required.
3. Tenant Pre-Mature. Termination. Tenant may terminate this lease
without cause prior to its expiration date only by giving written
notice to Landlord at least two full calendar months (60 days) in
advance of the termination date effective from either the 1st or
15th of any given month; and, if Tenant elects to move prior to the
termination date, Tenant must pay to Landlord, at the time notice
. is given, all rent due to the termination date.
In any' event, rent must be paid to termination date prior to
Tenant's move, upkeep of the unit must be maintained to termination
date,. and utilities must be maintained to termination date. If a
termination by' the Tenant takes effect prior to the 'original
"termination date, Tenant shall also pay to Landlord at the time
notice of termination is given a penalty for the' early lease
termination. This penalty or any portion of it is not refundable.
This penalty will be determined as follows:
({
I
1) If at the time the lease terminates (60,'.days after
the notice is given) you will have rented fr~m Landlord
and you are not in the last six (6) full months of Lease
or Renewal Term you must pay to Landlord the amount
equal to three (3) months rent as the penalty.
2) If you will have rented from Landlord for more than
six (6) full months but less than nine (9) full months
and your are in the six (6) months of Lease or Renewal
Term, and section 3.3 does not apply, the penalty will
equal two (2) months rent.
3) If you will have rented from Landlord for more than
nine (9) full months and are in the last three (3)
months of Lease or Renewal Term, the penalty will equal
one (1) months rent.
4. Rental Increases and Renewals. Landlord may increase the
monthly rent or change the term of this Lease on written notice to
Tenant given at least Seventy (70) days in advance of the 1st day
of the month in which the increase in rent or change in Lease term
is effective, but Landlord may not make an increase or a change in
the Lease term during the term of the Lease. Rent increases or
change in Lease term shall take effect in the manner specified by
Landlord. This lease shall continue for a like term under the same
terms and conditions as stated herein unless either party shall
give notice in writing to the other party at least sixty (60) days
prior to the end of this lease of his intention to terminate the
lease agreement or continue same under changed terms or conditions.
5. Use. No unit shall be used for any other purpose other than a
private dwelling for the Tenants or Tenants and his, her or their
immediate family. No professional business or home occupation of
any nature shall be permitted to be conducted within the Unit even
if accessory to the main residential use of the Unit. Tenant shall
not permit or suffer anything to be done or kept upon or within the
Unit or which will. interfere with the rights of the other
occupants, annoy them with unreasonable noises or otherwise, nor
will Tenant commit or permit any nuisance or commit or suffer any
immoral or illegal act to be committed within the Unit.
6. Utilities. 'Tenant understands that equipment for utilities to
'service the Unit is installed therein and Tenant agr~es that the
cost of utilities shall be paid as follows:
UTILITY
TO BE PAID BY
Heating of Premises
Heating of Water for Premises
Electricity
Gas
Water
Telephone
Cable TV Service
Sewer
Trash
Resident
Resident
Resident
N/A
Owner
Resident
Resident
Owner
Owner
I
. .~
,.
Landlord shall have the right temporarily to stop the services of
any utility in the event of accident affecting the same or to
facilitate repairs or alterations made to the Building.
7. Care of Premises. Tenant shall use due care in the use of the
premises, the appliances therein, and all other parts of Owner's or
Agent's Property.. It shall be the responsibility of the Landlord
to repair and maintain, at Landlord's expense, all appliances
including, but .not limited to, washer and dryer, electric range,
refrigerator, trash compactor, dishwasher and garbage disposal
unless it is determined the need for repair was due to tenant
negligence including, but not limited to, overloading washer,
foreign matter in disposal, grease clog, food particles in
dishwasher, damage to freezer while defrosting, if applicable, etc.
In the event that any of the foregoing appliances shall not be
repairable, Landlord will, at Landlord I s expense, replace said
appliance. Landlord shall have full discretion as to whether any
given appliance shall be repaired or replaced. Upon the expiration
or sooner termination of this Lease, all appliances not in working
condition shall be repaired at Tenant's expense and the cost
thereof shall be deducted from Tenant's security deposit as
hereinafter provided.
8. Rules and Regulations Concerning Use and Occupancy.
use and occupancy of the Unit, and other portions of
Property shall be sub~ect to the following regulations:
Tenant's
the
A. No animal may be brought, permitted, or kept in the apart-
ment on the Owner's property.
B. Tenant (s) members of his (their) family, his (their
visitors and servants shall not at any time make any noise, do
anything or conduct themselves in any way which disturbs any
other resident or interferes with the rights, comfort, or
'conveniences of any other resident. Musical or sound
Reproducing instruments or singing within the apartment shall
be inaudible outside the apartment between 11 0' clock each
night and 9 o'clock the following morning.
C. No resident shall place or permit to be placed or
maintained any sign or advertising matter or device or any
roof aerial or other structure in any window of the apartment
or elsewhere or upon the Owner's property. No residynt shall
place or permit to be placed or maintained any awni~~, screen,
shade or blind in or at any window of the apartment without
prior consent of the Owner or Agent. Damage to storm doors
and windows due to negligence will be the responsibility of
the tenant.
D. Tenant shall use plumbing and electrical installations
only for their intended purposes and shall be fully
responsible for the maintenance of same and for cleaning any
stoppages in waste water lines.
E. Maximum occupancy:
permitted to occupy the
MANELY.
No more than ONE person (s)
apartment, designated as
will be
William
F. Tenant(s) agree(s) that Owner or Agent may change their
regulations from time to time as may be required to protect
the apartment or Owner's other property to add to tenant 1 s
enjoyment of it.
G. Tenant{s) are allowed only Two parking space{s} in
parking lot.
H. TENANT(S) AGREE (S) TO PAY TO LANDLORD FOR CLEANING CHARGES
AND/OR CARPET CLEANING CHARGES UPON THE EXPIRATION OR SOONER
TERMINATION OF THIS LEASE, IF NECESSARY UPON MOVE-OUT.
9. Deliver of Possession by Landlord. If, due to circumstances
beyond Landlord's control, the Unit shall not be ready for
occupancy at the beginning of the term herein provided, this Lease
shall nevertheless remain in effect and the rent shall be abated
proportionately until the Unit is ready and Landlord shall not be
liable for delay; provided, if the Unit shall not be ready of
occupancy sixty (60) days after the beginning of the term as herein
provided, Tenant shall have the right to cancel this Lease by
written notice delivered to Landlord at any time after the
expiration of sixty ("60) days, but not after the Unit is ready of
occupancy. Tenant's remedy shall be limited to such right of
cancellation and upon such cancellation neither party shall have
any further rights against the other, save Landlord shall repay any
deposit made by Tenant. If Tenant shall occupy the Unit prior to
the beginning of the term as herein provided, such occupancy shall
.be subject to the terms of this Lease and Tenant shall pay prior to
occupying the Unit rent for the same period from the date of such
occupancy to the beginning of said term.
10. Damage by Fire. If the Unit is damaged by fire or other
casualty, Landlord shall repair within a reasonable time apd rent
~hall continue unless the casualty renders the Unit untenantable,
in which case this lease shall terminate and Tenant, upon payment
of all rent to the date the Unit is surrendered, shall not be
liable for any further rent. If only a portion of the Unit is
rendered untenantable, the Tenant may, with the mutual agrfement of
Landlord, alternatively choose to continue in possessio~~and shall
thereupon be entitled to a pro rata reduction in the amount of
rentprovided that the election to proceed under this alternative
shall not be a waiver of Tenant's right to terminate if repairs are
not made within ninety (90) days.
11. Property Damage and Personal Injury. Tenant agrees that
Landlord shall not be liable for property damage or personal injury
occurring in the Unit or elsewhere on the Property unless the
damage or injury results directly from Landlord's negligence.
Tenant is instructed to purchase, at Tenant's expense, a Tenant's
Homeowner's Policy to insure his personal injury to Tenant, other
occupants, guests, or visitors, that occurs within the Unit or
elsewhere on the Property.
12. Right of Entry. Landlord, or any person authorized by
Landlord, shal-l have the right to enter the Unit at reasonable
times to inspect,' replace appliances as needed, and, after notice
of termination is given, to show the Unit to prospective Tenants.
Landlord shall give Tenants notice of his or their intention to
enter, if possible. However, Tenant consent shall not be necessary
in case of emergency.
13. Security Deposit. Tenant agrees to pay as security deposit the
amount of SEVEN HUNDRED EIGHTY-FIVE AND 00/100 ($785.00) Dollars
prior to the occupancy of the Unit. The security deposit shall be
held by Landlord as security for the payment of all rent and other
amounts due from Tenant to Landlord, for the Tenant's performance
of this Lease and against any damages caused by Tenant or Tenant's
family or other occupants to the Uni t or the Owner's Property.
Tenant understands and agrees that the security deposit may not be
applied as rent or as against any other amount due from Tenant to
Landlord, without Landlord's written consent, and that monthly rent
will be paid each month, including the last month of the Lease
term. Within thirty (30) days following the termination of this
Lease, Landlord shall return the security deposit, less any
deductions from it on. account of amounts owed by Tenant to Landlord
by check payable to all persons signing this Lease, mailed to a
forwarding address which must be furnished by Tenant in writing
within twenty (20) days after removal from the Unit.
14. Default.
A. If any' rent for the Unit comes due under the terms of
this Lease and if the same remains unpaid for five (5) days
after written notice thereof by Landlord ,to Tenant, there
shall be deemed a default of this Lease.
B. If Tenant fails to comply with any term, covenant or
.
provision of this Lease other than the payment of rent, and if
'-
tenant shall fail to make reasonable measures to cure such
noncompliance within fifteen (15) days after written notice
thereof by Landlord to Tenant, there shall be deemed a default
of this lease.
C. If Tenant shall file a petition in bankruptcy or
receivership or if such a petition is filed against Tenant and
reasonable measures to discharge same are not taken wi thin
thirty (30) days or written notice of such petition by
Landlord to Tenant, there shall be deemed a default of this
Lease.
D. If Tenant shall make an assignment
creditors or becomes insolvent, there
default of this Lease.
for the benefit of
shall be deemed a
E. Upon defauit of this Lease, Landlord may enter the Unit as
agent of Tenant and in Landlord's own right without being
liable for prosecution or damages therefor and relet the Unit
as agent of Tenant and receive rent therefor.
F. Upon such entry, Landlord shall use reasonable efforts to
relet the Unit.
G. Upon such entry, all rights of Tenant to possess the unit
under this Lease shall be forfeited. Such entry by Landlord
shall not operate to release tenant from any rent to be paid
or covenants to be performed during the full term of this
Lease.
H. Upon such entry, Landlord shall be authorized to make such
reasonable repairs in or to the Unit as may be necessary to
place the same in good order and condition for the purpose of
reletting.
I. Tenant shall be liable to Landlord for the reasonable
costs of such repairs and all reasonable expenses in
reletting, including, but not limited to, any real estate
brokerage commission actually paid.
15. CONFESSION OF JUDGMENT FOR MONEY. TENANT AGREES THAT IF THE
RENT OR ADDITIONAL RENT OR ANY CHARGE RESERVED IN THIS LEASE AS
RENT SHALL REMAIN UNPAID FOR A PERIOD OF FIVE (5) DAYS AFTER
WRITTEN NOTICE IS PROVIDED, THAT LANDLORD MAY CAUSE JUDGMENT TO BE
ENTERED AGAINST . TENANT , THAT FOR THAT PURPOSE TENANT .HEREBY
AUTHORI ZED AND EMPOWERS LANDLORD OR ANY PROTHONOTARY, CLERK OF
COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR' AND CONFESS
JUDGEMENT AGAINST TENANT AND AGREES THAT LANDLORD MAY COMMENCE AN
ACTION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURES FOR THE
RECOVERY FROM TENANT FOR ALL RENT HEREUNDER, INCLUJ;>ING ALL
ACCELERATION OF RENT PERMISSIBLE UNDER THE PROVISIONS OF~THIS LEASE
AND ALL CHARGES RESERVED HEREUNDER, AS WELL AS FOR INTEREST AND
COSTS AND ATTORNEYS FEES OR COMMISSIONS, FOR WHICH AUTHORIZATION TO
CONFESS JUDGMENT, THIS LEASE, A TRUE AND CORRECT COPY THEREOF,
SHALL BE SUFFICIENT WARRANT. SUCH JUDGMENT MAY BE CONFESSED
AGAINST TENANT FOR THE FULL AMOUNT OF RENT AND ARREARS AND ALL RENT
DUE TO THE END OF THE TERM HEREIN PROVIDED, AS WELL AS FOR INTEREST
AND COSTS AND ATTORNEYS COMMISSIONS OF FIVE (5%) PERCENT OF THE
FULL AMOUNT OF LANDLORD'S CLAIM AGAINST TENANT OR AN ATTORNEYS FEE
OF FIVE HUNDRED ($500.00) DOLLARS, WHICHEVER SHALL BE GREATER.
Tenant, by affixing his signature immediately at the end of
this paragraph, hereby consents to the warrant of attorney to
confess judgment and such consent is made understandingly,
intentionally and voluntarily and that Tenant's annual income
is in excess of $10,000.00.
16. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT. TENANT AGREES
THAT IF THIS LEASE SHALL BE TERMINATED, EITHER BECAUSE OF
CONDITIONS BROKEN DURING THE TERM OF THIS LEASE OF ANY HOLDING OVER
THEREOF, OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, THEN,
IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO BE
ENTERED AGAINST TENANT FOR POSSESSION OF THE UNIT, AND FOR THAT
PURPOSE TENANT HEREBY AUTHoRI ZED AND EMPOWERS ANY PROTHONOTARY,
CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR
TENANT AND CONFESS JUDGMENT AGAINST TENANT IN EJECTMENT FOR
POSSESSION OF THE UNIT. FURTHER, TENANT COVENANTS AND AGREES THAT
LANDLORD MAY COMMENCE. AN ACTION PURSUANT TO THE PENNSYLVANIA RULES
OF CIVIL PROCEDURES FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR
POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT
OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH
AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR
~lRITS OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR
WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A
WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, THIS LEASE, OR A TRUE
AND CORRECT COpy THEREOF, SHALL BE SUFFICIENT WARRANT.
'Tenant, by affixing his signature irmnediately at the end of
this paragraph, hereby consents to the warrant of attorney to
confess judgment and such consent is made unde.rstandingly,
intentionally and voluntarily and that Tenant's annual income
is in excess of $10,000.00.
TE ~/~
/
17. Subordination. This Lease is subject and subordinate to the
lien of all existing mortgages and all mortgages hereinafter placed
upon any part of the Property which includes this Unit. Tenant
agrees, on request, to execute such further instruments evidencing
such subordination as Landlord may request, and, if Tenant fails to
do so, Landlord is hereby empowered to do so in the name of Tenant.
18. Assigning and Subletting. Tenant shall not assign this Lease
or sublet all or any portion of the Unit without Landlord's prior
written consent.
19. Declaration of Governing Laws. This Lease shall be governed
by, construed and enforced in accordance with the laws of the
Commonwealth of Pennsylvania.
20. Cumulative Remedies. The specified remedies to which Landlord
may resort under the terms of this Lease are cumulative and are not
intended to be exclusive of any other remedies or means of regress
to which Landlord may be lawfully entitled in case of any default
or threatened default by the Tenant of any provision or provisions
of this Lease.
21. Entire Agreement and Modification. This Lease contains the
entire agreement between the parties and any executory agreements
hereafter made shall be ineffective to change, modify or discharge
this Lease in whole or in part, unless such executory agreement is
in writing and signed by the parties against whom enforcement of
the Lease, modification or discharge is sought.
~
22:':.~cu_Lease Binding: ,'Upon Heirs, Executors, Administrators,
Successors,:. and As.signs. The term "Tenant" used herein shall refer
collectively to '.all persons named above, and signing this lease as
Tenant, and' the .-liability of each' such person shall be joint and
several.N.oticegiven by Landlord to any person named as Tanant or
"by any such person to Landlord, shall bind all persons. signing this
lease as Tenant. The term "Tenant" shall also refer to any persons
.named ,as .:heirs,. executors, administrators, successors, of the
respective parties hereto as if they were in every case named and
expressed. ~.
".
23.:5Severability. If any prov~s~on of this Lease shall be declared
. invalid' .or . unenforceable, :the remaining provisions of this Lease
shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals
. the date and year first-above written.
TENAN~~
(SEAL)
(SEAL)
(SEAL)
CONSOLIDATED PROPERTIES
400 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
June 23, 2005
I
,
William Manley
P.O. Box 424
Mechanicsburg, PA 17055
,
RE: Sent via certified Mail #70020460000097558359 and US First Class Mail
Final Statement of Account
1435 Hillcrest Court
Apt. 107
Security Deposit on Account................................................... $ 785.00
Less:
$ 86.55
$ 237.50
$ 116.60
$ 206.25
$ 872.95
$ 214.25
$ 785.00
$ 261.70
$ 95.50
$ 90.00
$ 139.50
e 5". SD
$ 3,105.80 '31 'II. 3D
$ 2.320.80 d l/ 0(;. 3 D
Paint- Material......................................................................
Painting -Labor - 9.5 hours @ $25.00 per hour..... ......................
Carpet Cleaning.... ...... ...... .... ,.. ........ ...... ... ... ....... ..... ...... ......
Cleaning - 8.25 Hours @ $25.00.............................................
Replace Living Room & Masterbedroom Carpet (Burn Marks &
Stains............................................................................... ..
Labor - Packing & Moving.......................................................
Rent for May 1 - May 31.......... .......... .............. .......... ............
Rent & Storage for June 1 - June 10.......................................
District Justice Fee..... ............ ...... ................. ....... ................
Constable Fee.....................................................................
Attorneys Fees to Date................ ...... ...... .................. ...... ......
Clv'l/ Ccmfl/t:lI/l t Dr Fe~
Total Charges Against Security
TOTAL AMOUNT DUE..........................................................
These are the current charges to date and does not include all attorney fees and
court costs. If additional amounts are owed, you will be billed separately for them.
Please make check payable to Country Walk Apartments. Kindly remit payment by
July 5,2005. Thank you.
US postal Service
CE'RTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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David J. Lanza
r.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 170 I I
(717) 730-3775
Attorney for Plaintiffs
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5468
CIVIL ACTION - LAW
CONSOLIDATED PROPERTIESI COUNTRY
WALK APARTMENTS,
v.
WILLIAM MANLEY,
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendant, WILLIAM MANLEY, in
the amount of $ 4,631.56 plus costs, and interest from and after May 1, 2006, by reason of the failure of the
Defendants to enter an appearance or to file an Answer within 20 days of the date of service of the
Complaint endorsed with a Notice to Defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant,
WILLIAM MANLEY at his last known address on April 21, 2006; said notice being mailed after the default
occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the
aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof.
Respectfully submitted,
~
David J. Lanza
Attorney I.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
Dated: May 2, 2006
II <
David J. Lanza
I.D. No. 55782
2157 Market St.
Camp Hill, Pennsylvania 17011
(717) 730-3775
((;'
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Attorney for Plair\q~;.I'-" \ ~
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CONSOLIDATED PROPERTIES! COUNTRY
WALK APARTMENTS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 05-5468
CIVIL ACTION - LAW
v.
WILLIAM MANLEY,
"
Defendant
TO: William Manley
2071 Derbyshire Road
Furlong, PA '8925
Date of Notice: April 21, 2006
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 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Qj\l
David J. Lanza
2157 Market Street
Camp Hill, PA 17011
(717) 730-3775
Attorney for Plaintiffs
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