Loading...
HomeMy WebLinkAbout06-3092.TH OF COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM JUSTICE JUDGMENT COMMON f LEAS No. 66- 3©'! )_ cio NOTICE OF APPEAL rv 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. be its DAJ F19-0W 1 I Hecgt.'??Pr*-s In DBA J `vxv? % 7L• !v 100-040 Lr?pHM CT A 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. sonatore of pmthenwuy o Deputy was 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 (Common Pleas No. -1L.?1 • n?A signature of appellant or attorney or agent RULE: To S pl?i'itS N^ appellee(s) A -r-J C -1 Name ofappell"(s) M CT AIP ' (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: 'A&,t 3Q , 2004, YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT AOPC 312-02 S I nc IJUA L p N ?? L-I papp?ellee(s), to file a complaint in the appeal Name ofappellee(s) ` r +1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE`OFAPPEA'L 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 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice des ignated therei n on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (registered ) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 ---- Signature of afliant Signature of official before whom aFrdavit was made Title of official My commission expires on 20 L r.? o ? O T U mr r 1 )h ?; w M o C/\ x C r5m ca rn r COMMONWEALTH OF PENNSYLVANIA cnI INTV nF, 09-3-05 MDJ Name. Hon. MARX MARTIN Add`ers' 507 N YORE ST , PA Telephone. (717) 766-4575 17055 DG -3092 (,,, ra NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS T-SEEGIL PITNRS INC DBA LNDBM CT APTd 1101 LIMORAM COURT APT/STE 704 MSCHANIC$BURG, PA 17055 L J v3. DEFENDANT: NAME and ADDRESS FROBERTS, AMBER 7 403 W.SIMPSON ST MECHANICSBURG, PA 17055 AMBER ROBERTS L J 403 W.SIMPSON ST Docket No.: CV-0000100-06 MECHANICSBURG, PA 17055 Date Filed: 3/20/06 THIS IS TO NOTIFY YOU THAT: Judgment: nSF'm T .TMXHONT eLTF ® Judgment was entered for: (Name) altm aTr. PRIMA INC Tin a rMnum ® Judgment was entered against: (Name) An88RTS Aimxg in the amount of $ i , j;g3 - nn on: 0 Defendants are jointly and severally liable. 0 Damages will be assessed on: F] This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) s/r q fog (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY MAS'THE RIGHT TOAPPEAL WITHIN 30 DAYSAFTER 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 JUDGMENT/TRANSCRIPT 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 MAY BE ISSUEDIBY 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 ?j Date d%GN/o%sy" I certify that this is a true and correct copy of the record of the proceedings Date My commission expires first Monday of January, 2012 . AOPC 315-05 DATE PRINTED: 5/19/06 10:43:43 AM Trial District Judge the judgment. Trial District Judge SEAL l T Zsi O _ Zn5 t ? ' 'A G7 + r. Postmark Here Total Postage 8 Fees .A ant o r- ws_:-nc-: w.......... 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.) COMMONW TH OF PENNSYLVANIA COUNTY OF?iLt1<kl -ef r-,& ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served U.S. Post al Services ., CERTIF IED MAIL . REC EIPT (Domestic M ail Only; No [W rance C overage P rovided) "I .41a hEtlr b? r? ' . i :. .. m Postage $ If-j . ' O Certified Fee O O Relum Receipt Fee (Endorsemera Required) Re d1d Del biery Fee '- ED (Enem dors en Requiretl) t C3 ? a copy of the Notice Of Appeal, Common Pieas(X,- _-)OqZ , upon the District Justice designated therein on (date of service) j yt Ile 49', 20 0 [P , A by personal service*by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on t,AAQ CI 20 O l0 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND UBSCRIBED BEFORE ME THI ?r-DAY OF a 20 0(o signature of official before whom Mde "a made Title of official LWCommeelofifthmNow Bkte M. IZapl, Nosy Pudic Member. PpomfylvebiarAssoelation Of Notaries My commission ex DNWEALTH OF PENN LVANIA Ndsfdl Ssel ele Bab. CuntbalarW Cotatty 6 . 6 .2006 v ?"?'ar signature of aKant n C v a O 7? _, 4 c-: n --r x -0r?; W Tr 0 _? yi71 ?T COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6 (0 9 Oct NOTICE OF APPEAL rA% 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. IS aV-660o IOb-'Olo CT /} was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOT/CE of APPEAL. sbrwrunWprdhorwterywMputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appeltant'tvas DEFENDANT (see Oo.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 III Enter rule upon q 1 I pr-f n r5 Inc WA Ug Q ?VI C'1 ?apee(s), to file a complaint in this appeal Nerveof appekee(s) 1-5 (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SlgnMure a ormomeywepenr RULE: To Nam or appeflee(s) {-YItS f n RfF A/.. ' appellee(s) CT App wry s« , i P (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. "'. t'?' / , 20 O (? ",,, -Se??'_tu))) Date: J? 30 ?_ VV signature orP,oMOrrofeAptly? YOU MUST INCLUDr A COPY OF THE NOTICE b1I`JUcdmE` NTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHQ40TARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE SEEGIL PARTNERS, INC. doing business as LINDHAM COURT APARTMENTS Plaintiff AMBER ROBERTS V. Defendant NOTICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3092 CIVIL TERM CIVIL DIVISION - LAW YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTED HASIDO DEMANDADO/AEN CORTE. Si usted desea defenderse de las demandasque se presentan mas adelante an las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando an la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado an contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UNABOGADO,LLAMEOVAYAALASIGUIENTEOFICINA. ESTAOFICINAPUEDEPROVEERLEINFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 SEEGIL PARTNERS, INC. doing business as LINDHAM COURT APARTMENTS Plaintiff AMBER ROBERTS V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3092 CIVIL TERM CIVIL DIVISION - LAW COMPLAINT The Plaintiff, SEEGIL PARTNERS, INC. D/B/A LINDHAM COURTAPARTMENTS d/b/a LINDHAM COURT APARTMENTS, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of THREE THOUSAND THREE HUNDRED FIFTY-THREE DOLLARS AND NINETY-EIGHT CENTS ($3,353.98), along with interest thereon at the statutory rate from March 13, 2006, upon a cause of action of which the following is a statement: 1. The Plaintiff, SEEGIL PARTNERS, INC. D/B/A LINDHAM COURTAPARTMENTSd/b/a LINDHAM COURT APARTMENTS, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1101 Lindham Court #704, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant, AMBER ROBERTS, is an adult individual residing at 403 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about August 16, 2005, Defendant submitted a rental application to Plaintiff. A true and correct copy of said rental application is attached hereto, marked Exhibit "A" and made a part hereof. 4. Thereafter, on September 1, 2005, Plaintiff and Defendant entered into a written Residential Lease Agreement where by Plaintiff would lease to Defendant apartment no. 506, beginning September 1, 2005 FAUSER\ROBIN\CCP&W CMPS\CCP COMPLAINTS\SEEGIL.LINDHAM.32352.wpd28]un06 through June 30, 2006, and thereafter on a month-to-month basis, at the rate of Five Hundred Seventy- Five Dollars ($575.00). A true and correct copy of September 1, 2005 Residential Lease Agreement is attached hereto, marked Exhibit "B" and made a part hereof. 5. On or about December 8, 2006, Defendant notified Plaintiff of her intention to vacate the premises on or about January 31, 2006. A true and correct copy of the Notice to Vacate is attached hereto, marked Exhibit "C" and made a part hereof. 6. In accordance with Pennsylvania law, Plaintiff notified Defendant, in writing, on orabout February 13, 2006, of the Security Deposit Disposition and the amount due and owing by Defendant to Plaintiff. A true and correct copy of Plaintiff's February 13, 2006 letter to Defendant is attached hereto, marked Exhibit "D" and made a part hereof. 7. The amount due and owing to Plaintiff from Defendant for carpet cleaning, late fees, repairs and the like is the amount of Two Thousand Nine Hundred Sixteen Dollars and Fifty Cents ($2,916.50) as set forth on a true and correct copy of Plaintiffs Security Deposit Disposition dated February 13, 2006, is attached hereto, marked Exhibit "E" and made a part hereof. 8. The prices charged for said labor performed and services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. 9. Due to the default of Defendant, and pursuant to the terms and conditions of the Residential Lease Agreement executed by Defendant hereto attached, marked Exhibit "B" and made a part hereof, attorney's fees in the total amount of Four Hundred Thirty-Seven Dollars and Forty-Eight Cents ($437.47) have been added to said account. F:\USER\ROEIN\CCP&DJ CMPS\CCP COMPLAINTS\SEEGIL.LINDHAM.32352.wpd,28JunO6 2 10. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND THREE HUNDRED FIFTY-THREE DOLLARS AND NINETY-EIGHT CENTS ($3,353.98), along with interest thereon at the statutory rate from March 13, 2006. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SEEGIL.LINDHAM.32352.wpd:28Jun06 KLP Enterprises, Inc. d.b.a. Lindham Court Apartments 1101 Lindbam Court, #704 Meebaniesburg, PA 17055 i 717-697-8388 (ph) 717-795-6141 (fa?) lindhamcourt@comcast.net DATE: 8 _ (p cS APPLICANT NAME Am bor ?- i? nbo r-F? DOB: & - Z7 DRIVER LIC. # CURRENT RESIDENCE: _ HOW LONG THERE: 3 PRIOR RESIDENCE: A HOW LONG THERB: _ CO-APPLI DATA APPLICANT NAME: DRIVER LIC. # CURRENTRBSM04M HOW LONG THERE: _ PRIOR RESIDENCE' STATE: EA- SOC. SEC. (ZipCAC) PY PHONE: (ZIP LANDLORD: VJ Gam) PHONE: CAUP CAWW) LANDLORD: PHONE: APPLICANT IRLOYMENT % `i5 ?ry C-C f JOB DESCRIPTION: ' 0SALARY- ? ?' L z U EMPLOYER PHONE. ADDRESS: LENGTH OF EMPLOYMENT: CO-APPLICANT EMPLOYIIffiV P JOB DESCRIPTION: EMPLOYER ADDRESS: SUPERVISOR'S NAME: 5-7 3~C77 - 24440 sYPHONE: -7 J .7 - ?ti 3 L 15. LENGTH OF EMPLOYMENT: DOB: SOC. SEC. #: PHONE: (Zip Cade) PHONE: _ APPLICANT DATA NAME: RELATION: PET(S) TYPE: SIZE: TYPE: SIZE: VEffiCLE(S) A (1)YEAR MAKE MODEL COLOR PLATE# (2)YEAR MAKE MODEL COLOR PLATE# WHERE DID YOU FIND OUT ABOUT US? APARTMENT GUIDE DRIVE BY REFERRAL OTHER BANK: PA1 L PHONE: l) 1 - ?` q 1 " I Q ADDRESS: _- m a r Y o. k +_ )C Ch? TYPE OF ACCOUNT(S): 5e-- r i ?n ? cz < BANK: PHONE: TYPE OF ACCOUIMS): APPLICANT PERSONAL REI?EREDTCE3 NEARFST RELATIVE(S) ADDRESS PHONE # RELATION 1. Ni r ni e )Ajilli5 2. 1. PHONE# RELATION 2. RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT ("Agreement") is made on September 1, 2005 by and between LP Enterprises, Inc. d/b/a Lindham Court Apartments (called "Landlord") and Amber A. Roberts (called "Tenant"). 1. PROPERTY, TSRMS i CONDITIONS: Landlord agrees to rent to Tenant and Tenant agrees to rent from Landlord the property, including improvements, known as 1101 Lindham Court, Apt • 506 Mechanicsburg, Pennsylvania 17055 (called the Property") in accordance with the following. terms and conditions: (a) Term of the lease: 10 (ten) months. (b) Beginning date of the lease: September 1, 2005. (c) Ending date of the lease: June 30, 2006. (d) Monthly rent: $575 (Does not include any possible optional future storage or pet fees/agreements). (e) Rent is due, and will be paid, in advance on the first day of each month. (f) Late charge if Tenant does not pay rent by the fifth (5t:a) day of the month: Ten percent (10%) of monthly rent. (g) Tenant will pay to Landlord the sum of Twenty-Five Dollars ($25.00) for each of Tenant's checks which are not honored by Tenant's or Landlord's bank for any reason. If any of Tenant's checks are returned to Landlord for any reason, Tenant's rent will be deemed to be late, and Tenant will be subject to late charges. (h) Security deposit received from Tenant: $200.00 (i) Property will be used only as Tenant's Principal Residence. (j) Rent payments are to be made payable to KLP Enterprises, Inc. and delivered to 1101 Lindham Court, Apartment #704, Mechanicsburg, Pennsylvania 17055. (k) Landlord and Tenant agree that: Landlord will pay for: Tenant will pay for: Water X Water Gas (heat/hot water) X Gas (heat/hot water) Electricity X Electricity X Lawn Care Lawn Care X Snow Removal Snow Removal X Sewer Sewer X Trash Trash X Real Estate Taxes Real Estate Taxes Cable X Cable Telephone X Telephone Other: Other: (1) The Property is being rented in its present condition. Tenant acknowledges that he has inspected the Property and has provided Landlord in writing a notation of all existing damages. (m) Co-Signer(s)/Guarantor(s): N/A (n) Other persons residing with Tenant in Property: Christopher Reinert - Friend 2. SECURITY DEPOSIT: Landlord may hold Tenant's security deposit as security for the payment of all rent and other amounts due from Tenant, for the performance of this Agreement, and for application against any damages caused by Tenant, his guests or family to the Property. The security deposit may not be applied as rent or other amounts due from Tenant without Landlord's prior written consent. Tenant will pay all required monthly rent payments, including rent for the last month of this Agreement. 3. TENANT'S PROMSES: Tenant, and all persons on the Property with Tenant's permission, will: (a) Obey governmental building and housing regulations; (b) Keep the Property clean and safe; (c) Remove from the Property all trash, garbage, rubbish, and other waste in the manner established by Landlord, laws and/or government regulations. If Tenant does not comply with this provision, Tenant will be liable to Landlord for all costs incurred by Landlord in removing trash, garbage, rubbish and other waste on behalf of Tenant; (d) Use in a responsible manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in the Property; (e) Not deliberately or carelessly destroy, deface, damage, impair, or remove any part of the Property, or the building containing the Property or knowingly permit his/her guests, invitees, licensees, or agents to do so; (f) Behave in a manner that will not unreasonably disturb the neighbors' peaceful enjoyment of their property; (g) Make no changes or alterations to the Property without the prior written permission of the Landlord. Ar_y change, alteration or improvement made to the Property will belong to the Landlord and must remain on the Property, unless otherwise agreed to in writing; (h) Promptly notify Landlord of all necessary structural repairs; (i) Not keep dangerous or flammable materials on or in the Property; (j) Permit Landlord or Landlord's agents, including prospective buyers (NOT prospective tenants), to enter the Property at reasonable hours and upon reasonable notice for any reasonable and lawful purpose. In the event of an emergency, Landlord may enter the Property without notice; (k) Permit Landlord to show the Property to prospective tenants at reasonable times, after Landlord or Tenant has given written notice to the other to end this Agreement; 9d 1b1956LLlLl s)uewuedy pnoo weypui-l dnn:Po on o7 unr (1) Permit Landlord to place sale, rent or information signs on or near the Property to inform the public that the Property is available for sale or rent; (m) Move out peaceably when this Agreement is ended; (n) Understand that Landlord is not required to make repairs caused by Tenant's unreasonable, careless or willful conduct or similar conduct by any other person on the property with Tenant's permission; ;o) Obey all rules and regulations attached, if any, or which Landlord enacts; (p) Obey and comply with all federal, state and local laws, ordinances and regulations; (q) Not vacate or desert the Property during the term of this Agreement or any extension or renewal of this Agreement, or permit the Property to be empty and unoccupied; (r) Not do or allow to be done, any act which may cause the fire insurance or any other insurance to become void or suspended, or the rate increased. If insurance premiums on the Property increase because of any action or conduct of Tenant, Tenant's guests, or anyone invited to the Property by Tenant, Tenant agrees to pay any such increases as additional rent; (s) Test fire/smoke detectors in the Property monthly, or more frequently if recommended by the manufacturer, pay for and replace batteries in all fire/smoke detectors, and notify Landlord immediately if Tenant finds that any fire/smoke detector is not working properly. 4. PAXNENT OF RENT: Tenant agrees to pay the rent and all other charges (which are also considered as rent) according to Paragraphs l(d) and 1(e). If the Landlord accepts rent or other charges after their due date on any occasion, such acceptances will not excuse future late payments or act as a waiver of any of the Landlord's rights. Tenant agrees that any charge, cost, or payment agreed to in this Agreement to be treated or collected as rent may be recovered by Landlord in the same manner as rent. 5. NO PETS: Tenant will not keep any pets in or on the Property without first signing Landlord's Pet Addendum. Tenant will not allow others' pets to visit the Property without first obtaining the written permission of Landlord. 6. DELAYED POSSESSION: If Landlord is unable to give Tenant possession of the Property at the beginning of the term of this Agreement for any reason not caused by Tenant or Tenant's agents, Tenant will have the choice of: (a) ending this Agreement and recovering rent and/or security deposit (without charge or interest) and any other money already paid; or (b) delaying the beginning of the term until Landlord is able to give possession. l L'd H7WS LLLLl s)uewyedy jinoo weypwl d00:£0 90 8Z unr No rent will be due until possession is available. Landlord is not liable for damages where failure to deliver possession is due to conduct of a prior tenant in refusing to vacate the Property, or other conditions beyond Landlord's control. 7. DEFAULT BY TENANT: Each of the following is a default of this Agreement: (a) Failure of Tenant to pay rent, late fees or other charges which are due under this Agreement when they are due; (b) Failure of Tenant to comply with any provision of this Agreement or any Rule or Regulation of Landlord; (c) The residing in the Property by any person who is not named on this Agreement or on Tenant's application for lease; (d) The falsification by Tenant of any information on his application for lease; and (e) Failure of any of Tenant's guests, family or invitees to comply with the provisions of this Agreement or any Rule or Regulation of Landlord. 9. WAIVER OF NOTICE TO QUIT: Whether because of the end of the term of this Agreement or a default of this Agreement by Tenant, Landlord may demand that Tenant vacate the Property immediately without any prior notice. TENANT NAIVES THE REQviREmEKT OF ANY NOTICE TO QUIT OR VACATE AS OTHERWISE REQUIRED BY LAN. 9. LANDLORD'S RMSDIES: If Tenant commits any act which constitutes a default of this Agreement, Landlord will be entitled to the following remedies: (a) Landlord or its representative may file a legal action of eviction pursuant to the Pennsylvania Landlord/Tenant Act. (b) Landlord or its representative may file a legal action for unpaid rent, rent remaining due for the balance of the term of this Agreement 'or any renewal term, damages, and other amounts due from Tenant. (c) Landlord or its representative may pursue any other remedies available to it under law for possession of the Property, unpaid rent, rent remaining due for the balance of the term of this Agreement or any renewal term, and all damages and charges due from Tenant. Landlord may use any or all of these remedies against Tenant. Landlord's use of one remedy does not prevent landlord from using another. - 4icu? 9,d 1Y1996LLLLL swewuedy unoo weypuil d00:£0 g0 9Z unf 10 11 12 LANDLORD'S RIGHT OF ENTRY: Landlord may re-enter and take possession o the Property in accordance with law if one or more of the following occurs: (a) If Tenant abandons or vacates the Property; or (b) If Tenant vacates the Property after being told to do so by Landlord resulting from Tenant's violation of any provision of this Agreement, or of any Rule or Regulation; or (c) If Tenant is evicted from the Property, as a result of Tenant's violation of any provision of this Agreement, or of any Rule or Regulation. Landlord's re-entry is not an acceptance of Tenant's abandonment or waiver of any breach. In no event will Landlord's re-entry terminate Tenant's liability to Landlord under this Agreement. Tenant will remain liable to Landlord for all rent, rent loss, vacancy loss and/or damage which may be due or sustained prior to Tenant's abandonment, vacating or eviction. Tenant will also be liable to Landlord for damages-n the amount of the rent due under this Agreement for the remainder of the term of this Agreement or any renewal term, less any amount received by Landlord during the term from others to whom the Property may be rented. Landlord may re-rent the Property on such terms and conditions and at such rent amounts as Landlord, in its sole discretion, deems proper, reasonable and advantageous. Tenant will also be liable to Landlord for all costs and expenses related to re-renting the Property, including but not limited to, repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the Property and agent's (broker's) fees. All of the damages and costs are payable by Tenant to Landlord immediately upon demand. INSURANCE: Tenant understands that: (a) Landlord's insurance does not cover Tenant, Tenant's property, guests or family of Tenant or their property. (b) Tenant should have fire and liability insurance to protect Tenant, Tenant's property, and guests and family of Tenant who may be injured or sustain a loss while on the property. (c) Paragraphs (a) and (b) also apply to any automobiles or vehicles Tenant parks at the Property or anywhere on Landlord's property. REPAIRS AND MAINTENANCE: (a) Tenant is solely responsible to pay for all repairs made necessary by Tenant's conduct or the conduct of Tenant's guests or family. Tenant is also responsible to replace interior and exterior light bulbs as needed. (b) Landlord is not responsible to make any repairs of which it has no knowledge until Tenant notifies Landlord in writing of =he need for repairs. 6d Lti1996LLlZL s)uewpedy pnoo weypui? dLO:£0 g0 9Z unf 13. ATTORNEY'S FEES: If Landlord sues Tenant for nonpayment of rent or other amounts due, or for violations of any other term or condition of this Agreement or any rule cr regulation, Tenant agrees to pay to Landlord, as additional rent, reasonable attorneys fees incurred by Landlord, or legal fees in the amount of fifteen percent (158) of any amount claimed by Landlord against Tenant, plus all costs incurred by Landlord in the legal proceedings. 14. EARLY TERMINATION: If Tenant desires to terminate this Agreement earlier than t e expiration of then-current term of this Agreement, then Tenant must do all of the following: (a) give Landlord written notice at least sixty (60) days prior to the next rent payment due date; and (b) pay rent and all other amounts due through the end of the month in which the termination date selected by Tenant occurs; and (c) return keys to Landlord the day of moving out; and (d) leave the Property in good and clean, ready to rent condition; and (e) pay, in addition to any amounts due pursuant to subparagraph (b), liquidated damages prior to moving out in an amount equal to two (2) months' rent. (This is not to be deemed a penalty). IN THE EVENT THAT TENANT FAILS TO COMPLY WITH ANY OF THE ABOVE REQUIRffi1ENTS, THIS EARLY TERMINATION OPTION WILL HE VOID AND TENANT WILL BE RESPONSIBLE FOR ALL DAMAGES INCURRED BY THE LANDLORD RESULTING FROM TENANT'S BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT Ln4lTED TO, CONTINUING RENT FOR THE REMAINDER OF THE TERM OF THIS AGREEMENT, LESS ANY RENT RECEIVED DURING THE TERM FROM A SUBSEQUENT TENANT. 15. AUTIMATIC RENEWAL: Unless Landlord or Tenant gives the other thirty (30) days written notice prior to the end of the initial term of this Agreement, this Agreement will renew on like terms and conditions for one year. After the first renewal, this Agreement will continue to automatically renew on like terms until terminated by either party by giving the other thirty (30) days written notice prior to end of the then current term. Landlord is entitled to increase the rent payable by Tenant at the beginning of each new term of this Agreement. 16. SURRENDER OF PROPERTY: The Tenant acknowledges receipt of the Property in a habitable condition, reasonably safe for occupancy. Tenant agrees to surrender and vacate the Property at the end of the lease term in as good condition as when received, except for reasonable wear and tear. Tenant agrees to return all keys for the Property to Landlord at the time of move out. If Tenant fails to do so, Landlord may treat any notice of move out from Tenant as null and void. In this case, Tenant may incur additional liability for rent and other expenses and damages set forth in this Agreement. .LJ,4-? 0L d H4996LLLLL s)uewuedy unoC) weypui? d70:£0 90 9Z un(' Tenant will pay to the Landlord the cost of repairing any damage done by himself, his family, guests or visitors to the Property, the building containing the Property, and any common area. 17. ABANDONMENT OF BELONGINGS: Tenant agrees that any belongings left 1n on the Property, including, but not limited to, automobiles, after Tenant vacates the Property will be deemed to be abandoned by Tenant. If Tenant fails to recover abandoned belongings from Landlord within thirty (30) days after notice by Landlord, Landlord will be entitled to dispose of the belongings in any manner Landlord deems appropriate. Landlord will not be liable to tenant for any costs, damages, injuries or other amounts of any kind resulting from Landlord's disposal of the abandoned belongings. Tenant is liable to Landlord for all costs incurred by Landlord in disposing of any abandoned property. 18. HOLDING OVER: In the event Tenant does not comply with Paragraph 16 of this Agreement, or if Tenant otherwise remains in the Property after the expiration of the initial or any renewal term, the Tenant will be liable to Landlord for any damages or other expenses paid or incurred by the Landlord as a result of Tenant's holding over. Tenant will also be liable to Landlord for rent for each month or partial month Tenant holds over in the amount of two times the rent payable by Tenant. 19. ASSIG MNT AND SOBLEASING: Tenant may not assign or sublease the Property without first obtaining the written approval of Landlord. Landlord may refuse to give consent for any reason Landlord deems appropriate. .The consent by Landlord for any assignment or subleasing in one case or for one proposed assignee or sublessee is not to be deemed consent in another case or for another proposed assignee or sublessee. If Landlord consents to the proposed assignment or subleasing, Tenant will remain responsible for the fulfillment of the terms and obligations of this Agreement. Tenant will also be responsible for all acts or omissions committed by the assignee or sublessee. 20. RELEASE AND INDEMNIFICATION: Tenant releases Landlord from liability for any and all of the following, and Tenant agrees to fully indemnify Landlord for all costs, losses and liabilities incurred by Landlord as a result of the following: (a) Tenant's default of this Agreement; (b) Damages or injuries to Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; (c) Damages to the property of Tenant or Tenant's family or guests which are not caused by Landlord or Landlord's agents; (d) Judgments, liens or encumbrances filed against Landlord or the Property resulting from the conduct of Tenant or Tenant's family or guests; and (e) Damages or injuries to Tenant, Tenant's family or guests, or damages to any property of Tenant or Tenant's family or guests which are caused by any defects in the Property or by any condition or cause which was or should have been visible to or known by Tenant and of which Landlord is not aware. LL'd H4996LLLLL s)uewyedy linop weypwj dL0£0 g0 9Z unf 21. OWNER'S LIABILITY: No owner, partner, officer, employee, representative or agent of Landlord may be held personally liable in connection with this Agreement or any obligations entered into by or on behalf of Landlord. All claims against Landlord are enforceable solely against the Landlord's interest in the Property. Landlord and its representatives will not be liable for property damage or personal injury occurring in/on the Property unless the damage or injury results from Landlord's or its representative's intentional acts. 22. RULES AND REGULATIONS: Landlord may make any reasonable rules and regulations which in its sole judgment Landlord may from time to time deem necessary or desirable. Tenant agrees to comply, and to ensure that his family, guests and visitors comply, with the rules and regulations. Rules and regulations attached and/or enacted by Landlord are binding on Tenant and are expressly made a part of this Agreement. 23. EMINENT DOMAIN: If part of the Property is taken (condemned) by any governmental entity or any other authority, the rent will be reduced proportionately. If all of the Property is taken or is made unusable, this Agreement will end. In either case, no money paid to Landlord for the Property will belong to Tenant, even if all or part of the Property is sold or transferred to the authority. Upon any taking, sale, or transfer, Tenant will peaceably move out of all or part of the Property as notified. Tenant will be entitled to receive only those damages incurred in moving out of the Property which are provided for by law. 24. LANDLORD'S WrVER: No delay or omission by Landlord in the exercise of any right or remedy for any default by Tenant will impair any of Landlord's rights or remedies or be construed as a waiver- The receipt and acceptance by Landlord of rent will not constitute a waiver of any default; it will constitute only a waiver of timely payment for the. particular rent payment involved. No waiver by Landlord of any default is effective unless it is in writing. No waiver of a default constitutes a waiver of any other default. 25. SALE OF PROPERTY: If Landlord sells the Property, Tenant understands that Landlord will not have any further responsibility under this Agreement after the Property is sold to a new owner. In the event of a sale of the Property, Landlord will be entitled to terminate this Agreement by giving Tenant sixty (60) days notice. 26. DAlAGR BY FIRE OR OTHER CASUALTY: (a) No Fault of Tenant. If the Property is damaged by fire or other casualty which does not result from any act(s) or omission(s) of Tenant, his family, guests or visitors, Landlord will repair it within a reasonable time and rent will continue to be paid by Tenant unless the damage makes the Property uninhabitable. If the Property is uninhabitable, Tenant's obligation to pay rent will cease until Landlord makes the repairs necessary. -- "r --,e C.. ZL'd L44996LLLLL s}ueuayjedy yinoo weypuil dLO:£0 g0 9Z unf If the Property is totally destroyed, this Agreement will terminate and Tenant, upon payment of all rent due to the date Tenant surrenders the Property, will not be liable for further rent. If only a portion of the Property is made uninhabitable, Landlord may, at its sole option, terminate this Agreement or repair the damage within thirty (30) days. If Landlord repairs the damage, Tenant will be entitled to a pro rata reduction in the amount of rent. (b) Fault of Tenant. If the Property is damaged by fire or other casualty which does result from any act(s) or omissions(s) of Tenant, his family, guests or visitors, Tenant will remain responsible to Landlord for all rent, rent loss, vacancy loss and/or damages which may be due or sustained. Tenant will also be liable to Landlord for damages in the amount of the rent due under this Agreement for the remainder of the term of this Agreement or renewal, less any amount received by Landlord during the term from others to whom the Property may be rented. Tenant agrees that Landlord may re-rent the Property on such terms and conditions and at such rentals as Landlord, in its sole discretion, deems proper, reasonable and advantageous. Tenant will also be liable to Landlord for all costs and expenses related to re-renting, including but not limited to repair costs, painting, decorating and carpet cleaning costs, advertising costs attributable to the vacant unit and agent's (broker's) fees. All of these damages and costs are payable by Tenant to Landlord immediately upon notice. 27. MSCHLLhN80US PRDFVISIDNS: (a) Notices by Tenant. Any notice required by this Agreement to be given to Landlord from Tenant must be in writing and either hand delivered to Landlord or sent by certified mail, return receipt requested. Any other form of notice given by Tenant will not be effective. (b) Nindow Dressings. All window dressings, such as drapes or curtains, must be white or cream on the side facing outside the Property. (c) Rerosene Heaters. Tenant may not use kerosene heaters, electric eaters or any supplemental heating devise in the Property. (d) Laun Tenant may not hang laundry outside the Property. (e) Locks. Tenant may not alter or change any locks and may not in'-stall new locks on or in the Property without first obtaining Landlord's written permission. (f) Signs. Tenant may not hang or attach any signs or advertising materials on the doors or windows of the Property or anywhere else on Landlord's property. (g) Fite 8:ti 'ehers/Smoke Detectors. Tenant must notify Landlord promptly o any needs repairs or charging to fire extinguishers and smoke detectors in the Property. ?)d L14996LLlLL s)ueuauedy unop weypuil dZO:£0 go 9Z unp (h) Mnsical Insf++amnts/HAM Radios. Tenant may not have or use on the Property Ham Radios, drums, pianos or organs without first obtaining Landlord's written permission. (i) Dangerous Activities. Tenant may not engage in dangerous activities, including, but not limited to, glass blowing or welding, on the Property. (j) Washer/Dryer. Tenant may not install a washer or dryer in the Property w shout first obtaining Landlord's written permission. (k) Control of Children. Tenant must maintain control of all children who reside in or visit the Property. Tenant will not allow any child to run or play in any entrance or hallway, parking lot, or on any roof or fire escape, or on any porch other than Tenant's porch. (1) Vehicles. Tenant is entitled to park a maximum of two vehicles at the Property. All vehicles must have current inspection and registration stickers. Any vehicle on the Property without current inspection and/or registration stickers will be considered an abandoned vehicle. (m) Waterbeds. Tenant may not use any waterbed or other water- filled furniture in the Property without first obtaining Landlord's written permission and providing proof of proper insurance. (n) Landlord's Belon Each of the following items belongs to Landlord and wil remain in the Property after Tenant vacates: Refrigerator Smoke Detector Garbage Disposal Fire Extinguisher Dishwasher Stove Other: 28. SUBORDINATION: This Agreement is subject and subordinate to any mortgage now on the Property or placed on the Property after the date of this Agreement. If any legal documents are necessary to make this subordination effective, Tenant agrees to sign and acknowledge the documents when given to Tenant. 29. CHANGES To AGREEMENT AND SEVERABILITr: (a) Changes. This Agreement may be modified or changed only in writing signed by both Landlord and Tenant. This Agreement constitutes the entire agreement between the parties. No verbal agreements or notices can or will modify the provisions of this Agreement. (b) SeverabilitV. If any term or provision of this Agreement or the application of any term or provision is, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of it will not be affected. Each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. 30. CAPTIONS: The captions used in this Agreement are for the purpose of convenient reference only and are not intended to express the full meaning of the clauses they introduce. tq d 614996LL LL l s)uewuedy ynoo weypwl dZO:£0 g0 SZ unf 31. PENNSYLVANIA LAW: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 32_ THE or ESSENCE: Time is of the essence for this Agreement. 33. PARTIES: All rights and liabilities given to, or imposed upon La-3nc2ord and Tenant, or waivers of Landlord and Tenant, extend to and bind the respective heirs, executors, administrators, successors and assigns of Landlord and Tenant. The word "Tenant" means each and every person mentioned as Tenant. If there are more than one Tenant, any notice required or permitted by the terms of this Agreement may be given by or to any one of the Tenants, and will have the same force and effect as if given by or to all of the Tenants. In the event that more than one person is Tenant under this Agreement, or in the event that a Co-signer/Guarantor signs this Agreement, Landlord or its representative may proceed with its available legal remedies against any or all of the Tenants and/or Co- signers/Guarantors, and the liability of each shall be "joint and several." This means that Landlord or its representative can sue any one or more of the Tenants and/or Co-signers/Guarantors for violations of this Agreement. 34. FULL UNDERSTANDING: Tenant certifies that he has read, understands, and agrees to each and every provision of this Agreement, is fully aware of all obligations, duties, and remedies which are set forth in the Agreement and has had advice of an attorney, or has waived advice of an attorney, prior to signing this Agreement. INTENDING TO BE LEGALLY BOUND, Landlord and Tenant place their seals and signatures on this Agreement: KLP Enterprises, Inc., d/b/a Lindham Court Apartments M , W,? I/, SEAL) Landlord Date ?JiYA -I Q? yI/e SEAL) Amber A. Roberts Date (SEAL) Date ii 9L d L4L9961LLLL sLuewyedy pnoo weypui? dZOE0 90 9Z unf KLP Enterprises, Inc. D/B/A Lindham Court Apartments 1101 Lindham Court, #704 Mechanicsburg, PA 17055 (717) 697-8388 / (717) 795-6141 (fax, lindhamcourt@comcast.net SIXTY (60) DAY NOTICE TO VACATE ? doe This is my sixty (60) day notice to vacate my apartment. The effective date of this notice is today, the SI ?' M r : day of 200 b. 1 understand that this notice takes effect the end of the month in which it has been issued. Resident Name(s): 2-m PcvL, o.r 2?5 Address: s:? n (o / / t-1A IIxA? if I intend to vacate and return the keys to the Leasing Office on . In the event that I would be required to extend my occupancy, I will notify the Leasing Office in writing. Reason for Moving: M n n a %? c c A -VA Forwarding Address: 40 3 l j I C it fin n ?-f NOTE: I anderstand that I will be responsible for liquidated dam"4?1 as per my lease agreement, Page #6, Clause #14, (a) - (e), in the amount of S 5 7?J Please make arrangements to be present for the final inspection of your apartment and list below the date and time of the inspection. Date C i7. n -7 - n Time r, . C? C) a4ma In the event that damages to the apartment are present and exceed normal wear and teat, I understand that I will be liable for the excess costs and agree to pay said charges within 30 days of notification of the charges. Charges will be assessed for missing items, extra coats of paint, pet damages, etc. __J A.u_ 012 -S - c b Lessee Date Lessee Date KLP Enterprises, Inc. d/b/a Lindham Court Apartments 1101 Lindham Court, #704 Mechanicsburg, PA 17055 (717) 697-8388 Phone (717) 795-6141 Fax February 13, 2006 Amber Roberts 403 West Simpson Street Mechanicsburg, PA 17055 RE: 1101 Lindham Court, #506 Dear Amber: Enclosed you will find your security deposit disposition letter, which itemizes any deductions made from your original security deposit amount The amount due of $2,916.50 must be received in our rental office within ten (10) days of the date of letter to avoid a Civil Complaint being filed with the local magistrate. Should you wish to discuss the balance due, you may contact our Rental Office directly at 717-697-8388. Sincerely, Nicole M. Cordem Community Manager Lindham Court Apartments Enclosure: Disposition Form ?r SECURITY DEPT Lease Expiration: 6/30106-Early Term. Name(s) on Lane: Amber Roberls Forwardbts Addreen 403 Wert Sampson Street Mechmtiabses, PA 1700 3SIT DISPOSMON Property: Lkdham Coact Apart Apt. #: 306 Keys Retmaed: None Boyd Rest Paid Tbroash: 11MM Date Notice Givea: 12!8103 Weave comple6rdfe inspection of your apattamart and have defined the lbffowmg I a and to your act CREDITS CHARGES ApettrnntDgrosit $200.00 DeliaquentRent $1,150.00 -Pet Deposit MA -Late Foes 115.00 -Credit on Acts N/A -Legal Few 95.50 -Early Termination Fee 1,150.00 Rental Concession 100.00 -Carpet Steam Cleaning 64.00 Apmtmeat Cleaning 110.00 -Replaw 4 drip puma/rings 12.00 Wall Repairs 50.00 -Removel/Disposslofbans 70.00 -Cbange Locks-No Keys Reed 80.00 -Replace Broken BR Window 120.00 CREDITS CHARGES SUBTOTAL <=00.00> SUBTOTAL $341650 Comments: GRAND TOTAL $2,916.50 (dl appk" depo"aed& have boa applied) Your ref red enclosed is $ _ X Your charges exuded your credits, dwafate„ the bslame due is $ 291650 Nyon ate reeebLg a rdfmd or ban a sera balance, the fo§ wlsg seelisa does not apply. COIL&C ION ACCOUNT ASSIGNMENT Collection Compeer: Date: Balance Owed to Property. $ Owed Atty. $ Told Awed: Anoaoey Dodk tNo.: Other Infonnud n: Jun 28 06 04:05p Lindham Court Apartments 17177956141 p.1 ' VLn-av-4VVa •G•!1 P1l4rr AvwM Y lr1oLUV1 r I F GJU flots Y.Ub VERIFICATION loan.) tiny) of SEEG IL PARTNERS. INC. D/BIA LI N DRAM COURT APARTMENTS, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. SEEGIL PARTNERS, INC. DR31A LI"M COURT APARTMENTS t3y. ? - Title: S f `? c?L7` j t'j/L-. Dated: 32352 TOTAL P.06 SEEGIL PARTNERS, INC. doing business as LINDHAM COURT APARTMENTS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3092 CIVIL TERM AMBER ROBERTS Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on July 3, 2006 a true and correct copy of the Complaint in the above-captioned matter was served upon the Defendant, via Regular U.S. Mail, deposited at Harrisburg, Pennsylvania, addressed as follows: AMBER ROBERTS C/O: S MARRIE 403 WEST SIMPSON STREET MECHANICSBURG PA 17055 KNUPP, KODAK $ IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff xo t- u* "i d G"l 17' 1-1 / Al'a vs Case No. a?'L.` z - Statement of Intention to Proceed To the ourt: intends to proceed with the above captioned matter. Print Name Z_/?Sign Name Date: - Attorney for - q_- Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. FILED-, ' F!%OE 0 THE TARY 2009 SEP 17 PH 12= 31 David D. Buell Prothonotary (i xirkS. Sohonage, ESQ Saricitor 7754 Renee X Simpson ?,. Is` Deputy lProthonotary tl Irene E. Morrow 2 d Deputy 1Prothonotarv Office of the 1Trothonotary Cumberland County, Pennsylvania D - 309 . CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 Carfisfe, PA 17013 9 (717 240-6195 9 Fax (717 240-6573