HomeMy WebLinkAbout06-5693Tf1 OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. --
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the a refere"_neped egyv*
!awl .3 <,?T M«?rl SC??USSIv-AM (,>L,i( K
0'V/ 1 U('." v it t,l
DATE OF Jl)DGMENT IN THE CfASE OF (Plaintiff) a
(Defend/rd)' /
/ lu<
0000 VS DOCKET No. SIGNATURE OF APP LLANT ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. 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.
was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the 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 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 ml +'I•Cf L Uc appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No.., s'? ?3 ??? 4 t ) within twenty (20) days after service of rule or suffer en of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To ! "t (Il f4 C.e LLB appellee(s)
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.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20to
ignature of Proth otary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
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 OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling 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 designated therein 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 affiant
Signature of official before whom affidavit was made
Title of officief
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
roi INTY OF- CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-02
VIVIAN COHICS
Address: PO BOX 155
.27 N BIG SPRING AVE
NENVILLE, PA
Telephone: (717 ) 776-3187 17241
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rM-ILLBACE LLC,
9 9. HIGH STREET
KATHLEEN DABIUS
LNEi/VILLE, PA 17241 J
VS.
DEFENDANT: NAME and ADDRESS
rSCHLUSSZR, MICHELLE, ET AL. ?
71N. MAIN STREET
NZWVILLE, PA 17241
JAMES GIALLO II L J
71 N. MAIN STREET Docket No.: LT-0000115-06
HENVILLE, PA 17241 Date Filed: 9/07/06
THIS IS TO NOTIFY YOU THAT:
Judgment:. FOR PLAINTIFF
Judgment was entered for: (Name) _ MILIMACE LLC,
Judgment was entered against GALLO II, JAMES in a
0 Landlord/Tenant action in the amount of $ 5,176.82 on 9/19/06 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 425.00.
The total amount of the Security Deposit is $ 425.00
Total Amount Established byY MDJ Less- Security Deposit Applie8=
Rent in Arrears $ 5, 025 87 - $ . 0 =
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ -an -$ _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
Q Possession granted.
? Possession granted if money judgment
? "Possession.not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amount
$ 5,025.87
$ 00
$ •00
$ .00
$ _00
$ 5,025_87
$ 150_95
$ ,eo
$ 5,176.82
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF F ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COIJ'F T'bF COMMON PLEAS, CIVIL'DIVISION:,.' HIS APPEAL'WILL.INCLUDE AN APPEAL OF THE,MONEY'JUDGMENT IF ANY, IN-,
ORDER TO OBTAIN A'SUPERSEDEAS, THE APPELLANT MUST'DEPOSIT WITH THE PROTHONOTARY/CLERK OFD COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS.ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,;THE PARTY HAS '
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS'MUST COME FROM THE COURT
` '
OF COMMON..PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT;DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT,
ate Magisterial District Judge
a true ana correct copy
Date
Magisterial District
My_commission expires first Monday.of January; 2012 SEAL
COMMONWEALTH OF PENNSYLVANIA
y cal INTY np. CUMBERLAND ,
Mag. Dist. No.:
09-3-02
MDJ Name: Hon.
VIVIAN COHICK
Address: PO BOa 155
27 N BIG SPRING AV8'
NENVILLE, PA
Te ePhone ` (IVY). 17`15 - 31$ 7 17 241
JAMES GALLO II
71 M. MAIN STREET
NZINVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL` LEASE
PLAINTIFF: NAME and ADDRESS
r1LILLRACB LLC,
9 N. HIGH ST ET
KATHLEEN DAIRIUS
L!Z 1VILLB, PA 17241 _J
VS.
DEFENDANT: NAME and ADDRESS
rSCHLUSSzR, MICHELLE, ET. AL. ?
71 W. M7?Ig STR$gT .
NENVILLE, PA 17241
L J
Docket No.: LT-0000115-06
Date Filed: 9/07/06
THIS IS TO NOTIFY YOU THAT:
Judgment:
,-Judgmenhws eted fQr. 1[L? ?LIC. _:; .;- :; E
Judgment "wag entered against_ SCHLUSSZR, `_.MICHELLE in a
® Landlord/Tenant action in the amount of $ 5,176.82 on 9119106 (Date of Judgment)
The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 425.00.
The total amount of the Security Deposit is $ 425.00
Total Amount Established byY MDJ Less • Security Deposit ApplieS
Rent in Arrears $ 5, y25.87 -$ 0 =
Physical Damages Leasehold Property $ .00- $ .00= = Adjudicated Amount
$ 5,025.87
$ .00
Damages/Unjust Detention $^ _nn - $ _00= $ -00
Less Amt Due Defendant from Gross Complaint -
.
$ .00
Interest (if, provided by lease) $ _ pp
L/T Judgment Amount $ 5, o2_R 87
Attachment. Prohibited/
42 Pa.C.S. § 8127 Judgment Costs
Attorney Fees $ 150:95
$ : oe
This case dismissed without prejudice. Total Judgment $ 5,176.82
® Possession granted. Post Judgment Credits
P IA C
t $
s
ost u gment os $
Certified Judgment Total $
? Possession granted if money judgment is no sa Isle by time o eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN. DAYS AFTER THE. DA!TEPF ENTRY OFJE#D -M01T P# FILMQ+-A..N O?iICE, 1; "APPE/4L1WI H Ti11R0R0rfF0NOTARY/I:L RK Ot COUfII fS
OF THE COURT OF COMMONI PLEAS, CIVIL DIVISION: "THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY: IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE.A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE ,
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES,.OR OTHERWISE COMPLIES WITH THE JUDGMENT.
ate , Magisterial District Judge
certify that t Is Is a true an correct copy o the cor o the proceedings containing the judgment.
Date , Magisterial District Judge
My_commission expires first Monday of January, 2012. SEAL
MILLRACE, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5693 CIVIL TERM
JAMES GALLO, II and
MICHELLE SCHLUSSER, CIVIL ACTION-LAW
Defendants.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an 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 OR CANNOT AFFORD ONE, 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MILLRACE, LLC,
V.
Plaintiff,
JAMES GALLO, II and
MICHELLE SCHLUSSER,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5693 CIVIL TERM
CIVIL ACTION-LAW
COMPLAINT
NOW, comes Plaintiff, Millrace, LLC, by and through its attorneys, O'BRIEN, BARIC &
SCHERER, and files the within Complaint and, in support thereof, sets forth the following:
1. Plaintiff, Millrace, LLC, is a Pennsylvania limited liability company with an
address of 9 North High Street, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant, James Gallo, II, is an adult individual with a residence address of 71
West Main Street, Newville, Cumberland County, Pennsylvania 17241.
3. Defendant, Michelle Schlusser, is an adult individual with a residence address of
71 West Main, Newville, Cumberland County, Pennsylvania 17241.
4. Millrace is the owner of a certain rental residential real estate property known as
71 West Main Street, Newville, Cumberland County, Pennsylvania ("leased premises") 17241.
5. Millrace is the successor in interest to Darius & Associates.
6. On or about October 18, 2004, the parties entered into a Pennsylvania Residential
Lease Agreement. A true and correct copy of the Lease Agreement is attached hereto as Exhibit
"A" and is incorporated by reference.
7. The original term of the Lease Agreement was October 9, 2004 through April 30,
2005 with rent set at $425.00 per month.
8. After expiration of the original lease term, the Lease Agreement either renewed
for successive equal periods or converted to a month-to-month tenancy.
9. In August, 2006, Millrace provided the Defendants with notice to quit the leased
premises for their continuing failure to pay rent.
10. Attached hereto as Exhibit "B" and incorporated by reference is a computation of
rent, late charges and insufficient fund check charges due and payable by Defendants to Millrace.
As of the date of this complaint, the total amount due is $5,700.87.
11. The Lease Agreement provides for the recovery by Millrace of reasonable attorney
fees and costs and expenses incurred in the collection of a debt owed to Millrace.
12. To the date hereof, Millrace has incurred costs of $150.95 paid to the Magistrate
District Judge.
13. To the date hereof, the Defendants have remained in possession of the leased
premises.
COUNT I-BREACH OF CONTRACT
14. Plaintiff incorporates paragraphs one through thirteen as though set forth at
length.
15. Defendants have breached their obligation to pay rent for the leased premises to
Millrace.
16. Defendants have breached their obligation to pay the costs of Millrace which are
reflected on Exhibit "B".
17. As a direct and proximate result of these breaches, Millrace has not been paid rent
and costs properly due from the Defendants.
WHEREFORE, Plaintiff requests that judgment be entered in its favor and against
Defendants for the following:
a) the sum of $5,700.87;
b) all costs and expenses incurred by Plaintiff to the date of award;
C) interest and
d) attorney fees incurred by Plaintiff to the date of award.
COUNT II-QUANTUM MERUIT
18. Plaintiff incorporates by reference paragraphs one through seventeen as though set
forth at length.
19. From October, 2004 through the present, Defendants have had an enjoyed
occupancy of the leased premises.
20. Defendants have failed and refused to pay the rent and costs incurred for their
occupancy of the leased premises.
21. Defendants have been unjustly enriched by being able to enjoy the rights of
occupancy in the leased premises without making payment therefore.
WHEREFORE, Plaintiff requests judgment be entered in its favor for the sum of
$5,700.87 plus costs and interest.
Respectfully submitted,
O'BNEN, BARIC &-S
dab.dir/corporate/millrace/complaint.pld
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsifications to authorities.
DATE:
Kathleen Darius
PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT
,C?.. Jr
This Residential Lease Agreement (hereinafter "Lease") is entered into this the 18th day of r, 2004, by and between the
Lessor, Robert G. 8t. Kathleen D. Darius (hereinafter referred to as "Landlord"), and James b 8c Michelle Schlosser the
Lessee(s):. All Lessees (hereinafter referred to collectively as "Tenant"), are jointly, severa?individually bound by, and
liable under, the terns and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby lease unto
Tenant, and Tenant does hereby rent from Landlord, solely
for use as a personal residence, excluding all other uses, the
personal residence located in Cumberland County,
Pennsylvania, with address of 71 West Main Street,
Newvffle, PA- 1724 1.
2. NATURE OF OCCUPANCY: As a special
consideration and inducement for the granting of this Lease
by the Landlord to the Tenant, the personal residence
described above shall be used and occupied only by the
members of the Tenant's family or others whose names and
ages are set forth below:
Premises caused by the tenant. Nothing shall preclude the
landlord from refusing to return the escrow fund, including
any unpaid interest thereon, for nonpayment of rent or for the
breach of any other condition in the lease by the tenant.
Any landlord who fails to provide a written list within thirty
days as required above, shall forfeit all rights to withhold any
portion of sums held in escrow or to bring suit against the
tenant for damages to the leasehold premises.
Failure of the tenant to provide the landlord with his new
address in writing upon termination of the lease or upon
surrender and acceptance of the leasehold premises shall
relieve the landlord from any liability under this section.
3. TERM OF LEASE: This Lease shall commence on
the 9th day of October, 2004, and expire on 30 April 2005
for a six month period.
4. SECURITY DEPOSIT: Upon execution of this Lease,
Tenant shall deposit the sum of 5425.00 to be held by
Landlord as a security deposit for reasonable cleaning of,
and repair of damages to, the premises upon the expiration or
termination of this Lease, or other reasonable damages
resulting from a default by Tenant. Tenant shall be liable to
Landlord for all damages to the leased premises upon the
termination of this Lease, ordinary wear and tear excepted.
Tenant is not entitled to interest on the security deposit.
Tenant may not apply the security deposit to any rent due
under this Lease. If Landlord sells or assigns the leased
premises, Landlord shall have the right to transfer Tenant's
security deposit to the new owner or assignee to hold under
this lease and upon so doing Landlord shall be released from
all liability to Tenant for return of said security deposit.
In compliance with Pennsylvania Code § 250.512:
Every landlord shall within thirty days of termination of a
lease or upon surrender and acceptance of the leasehold
premises, whichever fast occurs, provide a tenant with a
written list of any damages to the leasehold premises for
which the landlord claims the tenant is liable. Deliver of the
list shall be accompanied by payment of the difference
between any sum deposited in escrow, including any unpaid
interest thereon, for the payment of damages to the leasehold
premises and the actual amount of damages to the leasehold
5. RENT PAYMENTS: Tenant agrees to pay rent unto the
Landlord during the term of this Lease in equal monthly
installments of $425.00, said installment for each month
being due and payable on or before the 1 st day of the month.
Tenant agrees that if rent is not paid in full on or before the
30th day of the month, Tenant will pay a late charge of $2.00
per day, as allowed by applicable Pennsylvania law.
The prorated rent from the commencement of this Lease to
the fast day of the following month is N/A, which amount
shall be paid at the execution of this Lease.
Tenant that rent shall be paid in lawful money of the
Unit fates by (' ate those that
[ cash, [ personal check, [appl money order, t
cashier's check, [ ] other
Rent payments shall be made payable to Darius &
Associates and mailed or delivered to the following address:
2 East Main Street. Suite One. Newville. PA. All notices
from Tenant to Landlord under this Lease and applicable
Pennsylvania law shall be delivered to the above address.
Tenant agrees that rent monies will not be considered paid
until Landlord or Landlord's agent receives the rent monies,
either by mail or by delivery to the above address. Tenant
placing rent monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid until
actual receipt thereof.
Residential Lease Agreement. Page 1
Exhibit "A"
If there are multiple Tenants signed to this Lease, all such
Tenants are jointly, severally and individually bound by, and
liable under, the terms and conditions of this Lease. A
judgment entered against one Tenant shall be no bar to an
action against other Tenants.
6. CONSEQUENSES OF BREACH BY TENANT:
If Tenant, by any act or omission, or by the act or omission
of any of Tenant's family or invitees, licensees, and/or
guests, violates any of the terms or conditions of this Lease
or any other documents made a part hereof by reference or
attachment, Tenant shall be considered in breach of this
Lease (breach by one tenant shall be considered breach by all
tenants where Tenant is more than one person).
In compliance with Pennsylvania Code § 250.501:
A landlord may notify, in writing, the tenant to remove from
the leased premises at the expiration of the time specified in
the notice under the following circumstances, namely, (1)
Upon the termination of a term of the tenant, (2) or upon
forfeiture of the lease for breach of its conditions, (3) or
upon the failure of the tenant, upon demand, to satisfy any
rent reserved and due.
In case of the expiration of a term or of a forfeiture for
breach of the conditions of the lease where the lease is for
any term of one year or less or for an indeterminate time, the
notice shall specify that the tenant shall remove within
fifteen days (for a mobile home, thirty days) from the date of
service thereof, and when the lease is for more than one year,
then within thirty days (for a mobile home, three months)
from the date of service thereof. In case of failure of the
tenant, upon demand, to satisfy any rent reserved and due,
the notice shall specify that the tenant shall remove within
ten days from the date of the service thereof.
In case of failure of the tenant, upon demand, to satisfy any
rent reserved and due, the notice, if given on or after April
first and before September first, shall specify that the tenant
shall remove within fifteen days from the date of the service
thereof, and if given on or after September first and before
April first, then within thirty days from the date of the
service thereof.
l.is complying with the rules of the mobile home park; and
2.is paying the rent due; and
3.desires to continue living in the mobile home park.
The only basis for the recovery of a mobile home space by
an owner of a mobile home park shall be:
1. When a resident is legally evicted as provided under
section 3 of the "Mobile Home Park Rights Act."
2.When the owner and resident mutually agree in writing to
the termination of a lease.
3.At the expiration of a lease, if the resident determines that
he no longer desires to reside in the park and so notifies the
owner in writing.
Tenant expressly agrees and understands that upon
Landlord's termination of this Lease, the entire remaining
balance of unpaid rent for the remaining term of this Lease
shall ACCELERATE, whereby the entire sum shall become
immediately due, payable, and collectable. Landlord may
hold the portion of Tenant's security deposit remaining after
reasonable cleaning and repairs as a partial offset to
satisfaction of the accelerated rent.
7. DELIVERY OF NOTICES: Any giving of notice
under this Lease or applicable Pennsylvania law shall be
made by Tenant in writing and delivered to the address noted
above for the payment of rent, either by hand delivery or by
mail. Certified or registered mail is recommended. Delivery
by mail shall not be considered complete until actual receipt
by Landlord or Landlord's agent.
Any notices from Landlord to Tenant shall be in writing and
shall be deemed sufficiently served upon Tenant when
deposited in the mail addressed to the leased premises, or
addressed to Tenant's last known post office address, or
hand delivered, or placed in Tenant's mailbox. If Tenant is
more than one person, then notice to one shall be sufficient
as notice to all.
& UTILITIES: Tenant will provide and pay for the
folio g utilities[ (in those apply):
[ Electric, Gas, Telephone, [ able
Television, Water, [ arbage pick-up.
Landlord will provide and pay for the following utilities
(indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable
Television, [ ] Water, [ ] Garbage pick-up.
Tenant shall be responsible for contacting and arranging for
any utility service not provided by the Landlord, and for any
utilities not listed above. Tenant shall be responsible for
having same utilities disconnected on the day Tenant delivers
the leased premises back unto Landlord upon termination or
expiration of this Lease.
9. NOTICE OF INTENT TO SURRENDER: Any other
provision of this lease to the contrary notwithstanding, at
least thirty (30) days prior to the normal expiration of the
term of this Lease as noted under the heading TERM OF
LEASE above, Tenant shall give written notice to Landlord
of Tenant's intention to surrender the residence at the
Residential Lease Aareement. Pave 2
expiration of the Lease term. If said written notice is not
timely given, the Tenant shall become a month-to-month
tenant as defined by applicable Pennsylvania law, and all
provisions of this Lease will remain in full force and effect,
unless this Lease is extended or renewed for a specific term
by written agreement of Landlord and Tenant.
If Tenant becomes a month-to-month tenant in the manner
described above, Tenant must give a thirty (30) day written
notice to the Landlord of Tenant's intention to surrender the
residence. At any time during a month-to-month tenancy
Landlord may terminate the month-to-month Lease by
serving Tenant with a written notice of termination, or by
any other means allowed by applicable Pennsylvania law.
Upon termination, Tenant shall vacate the premises and
deliver same unto Landlord on or before the expiration of the
period of notice.
10. OBLIGATIONS AND DUTIES OF LANDLORD:
As per Pennsylvania Code § §250.502-A:
The retention of control of the stairways, passages, roadways
and other common facilities of a tenement building or
multiple dwelling premises places upon the landlord, or other
possessor, the duty of reasonable care for safety in use. This
responsibility of the landlord extends not alone to the
individual tenant, but also to his family, servants and
employees, business visitors, social guests, and the like.
Those who enter in the right of the tenant, even though under
his mere license, make a permissible use of the premises for
which the common ways and facilities are provided.
11. OBLIGATIONS AND DUTIES OF TENANT:
As per Pennsylvania Code § 250.503-A:
The tenant shall comply with all obligations imposed upon
tenants by applicable provisions of all municipal, county and
Commonwealth codes, regulations, ordinances, and statutes,
and in particular, shall:
1.Not permit any person on the premises with his permission
to willfully or wantonly destroy, deface, damage, impair, or
remove any part of the structure or dwelling unit, or the
facilities, equipment, or appurtenances thereto or used in
common, nor himself do any such thing.
2. Not permit any person on the premises with his permission
to willfully or wantonly disturb the peaceful enjoyment of
the premises by other tenants and neighbors.
12. NO ASSIGNMENT: Tenant expressly agrees that the
leased premises nor any portion thereof shall not be assigned
or sub-let by Tenant without the prior written consent of
Landlord.
13. TENANT INSURANCE: Landlord shall not be liable
to Tenant, Tenant's family or Tenant's invitees, licensees,
and/or guests for damages not proximately caused by
Landlord or Landlord's agents. Landlord will not
compensate Tenant or anyone else for damages proximately
caused by any other source whatsoever, or by Acts of God,
and Tenant is therefore strongly encouraged to independently
purchase insurance to protect Tenant, Tenant's family,
Tenant's invitees, licensees, and/or guests, and all personal
property on the leased premises and/or in any common areas
from any and all damages.
14. CONDITION OF LEASED PREMISES: Tenant
hereby acknowledges that Tenant has examined the leased
premises prior to the signing of this Lease, or knowingly
waived said examination. Tenant acknowledges that Tenant
has not relied on any representations made by Landlord or
Landlord's agents regarding the condition of the leased
premises and that Tenant takes premises in its AS-IS
condition with no express or implied warranties or
representations beyond those contained herein or required by
applicable Pennsylvania law. Tenant agrees not to damage
the premises through any act or omission, and to be
responsible for any damages sustained through the acts or
omissions of Tenant, Tenant's family or Tenant's invitees,
licensees, and/or guests. If such damages are incurred,
Tenant is required to pay for any resulting repairs at the same
time and in addition to the next month's rent payment, with
consequences for non-payment identical to those for non-
payment of rent described herein. At the expiration or
termination of the Lease, Tenant shall return the leased
premises in as good condition as when taken by Tenant at the
commencement of the lease, with only normal wear-and-tear
excepted. Tenant shall have the right to remove from the
premises Tenant's fixtures placed thereon by Tenant at his
expense, provided, however, that Tenant in effecting
removal, shall restore the leased premises to as good, safe,
sound, orderly and sightly condition as before the addition of
Tenant's fixture. Failing this, Tenant shall be obligated to
pay for repairs as stated above.
15. ALTERATIONS: Tenant shall make no alterations,
decorations, additions, or improvements to the leased
premises without first obtaining the express written consent
of Landlord. Any of the above-described work shall become
part of the dwelling. If carried out by independent
contractors, said contractors must be approved by Landlord.
Tenant shall not contract for work to be done without first
placing monies sufficient to satisfy the contract price in an
escrow account approved by Landlord. All work shall be
done at such times and in such manner as landlord may
designate. If a construction or mechanic's lien is placed on
the leased premises as a result of the work, such shall be
satisfied by Tenant within ten (10) days thereafter at
Tenant's sole expense. Tenant shall be considered in breach
Residential Lease Agreement. Paae 3
of this Lease upon failure to satisfy said lien.
16. NO ILLEGAL USE: Tenant shall not perpetrate, allow
or suffer any acts or omissions contrary to law or ordinance
to be carried out upon the leased premises or in any common
area. Upon obtaining actual knowledge of any illegal acts or
omissions upon the leased premises, Tenant agrees to
immediately inform Landlord and the appropriate authorities.
Tenant shall bear responsibility for any and all illegal acts or
omissions upon the leased premises and shall be considered
in breach of this Lease upon conviction of Tenant or any of
Tenant's family or invitees, licensees, and/or guests for any
illegal act or omission upon the leased premises- whether
known or unknown to Tenant.
17. NOTICE OF INJURIES: In the event of any
significant injury or damage to Tenant, Tenant's family, or
Tenant's invitees, licensees, and/or guests, or any personal
property, suffered in the leased premises or in any common
area, written notice of same shall be provided by Tenant to
Landlord at the address designated for delivery of notices
(identical to address for payment of rent) as soon as possible
but not later than five (5) days after said injury or damage.
Failure to provide such notice shall constitute a breach of
this Lease.
18. LANDLORD'S RIGHT TO MORTGAGE: Tenant
agrees to accept the premises subject to and subordinate to
any existing or future mortgage or other lien, and Landlord
reserves the right to subject premises to same. Tenant agrees
to and hereby irrevocably grants Landlord power of attorney
for Tenant for the sole purpose of executing and delivering
in the name of the Tenant any document(s) related to the
Landlord's right to subject the premises to a mortgage or
other lien.
19. DELAY IN REPAIRS: Tenant agrees that if any
repairs to be made by Landlord are delayed by reasons
beyond Landlords control, there shall be no effect on the
obligations of Tenant under this Lease.
20. ABANDONMENT: Abandonment shall be defined as
the absence of the Tenant from the leased premises for a
period of seven (7) or more consecutive days while rent or
any owing monies remain unpaid- whereupon Tenant will be
considered in breach of this Lease. This definition is
subordinate to, and shall not in any way impair, the rights
and remedies of Landlord under this Lease or applicable
Pennsylvania law, except that in case of abandonment,
Landlord or Landlord's agents may immediately or any time
thereafter enter and re-take the leased premises as provided
by applicable Pennsylvania law, and terminate this Lease
without notice to Tenant.
21. NOTICE OF ABSENCE FROM PREMISES: If
Tenant is to be absent from the leased premises for seven (7)
or more consecutive days, written notice of such should be
served upon Landlord. If such absences are to be customary
or frequent, the expected frequency and duration of absence
should be summarily noted here:
Tenant expressly agrees and understands that absence from
the premises, with or without notice, in no way obviates the
requirement to pay rent and other monies as stated herein, or
the consequences of failure to timely pay same.
22. POSSESSION OF PREMISES: Tenant shall not be
entitled to possession of the premises designated for lease
until the security deposit and first month's rent (or prorated
portion thereof), less any applicable promotional discount, is
paid in full and the premises designated for lease is vacated
by the prior tenant.
23. DELAY OF POSSESSION: Tenant expressly agrees
that if by reason of the premises being unready for
occupancy, or by reason of the previous tenant or occupant
of the dwelling holding over, or as a result of any other cause
whatsoever, Tenant is unable to enter and occupy the
premises, Landlord shall not be liable to Tenant in damages,
but shall abate the rent for the period in which the Tenant is
unable to occupy the premises.
24. MATERIALITY OF APPLICATION TO RENT:
All representations made by Tenant(s) on the Application to
Rent (or like-titled document) are material to the grant of this
Lease, and the Lease is granted only on condition of the
truthfulness and accuracy of said representations. If a failure
to disclose or lack of truthfulness is discovered on said
Application, Landlord may deem Tenant to be in breach of
this Lease.
25. MODIFICATION OF THIS LEASE: Any
modification of this lease shall not be binding upon Landlord
unless in writing and signed by Landlord or Landlord's
authorized agent. No oral representation shall be effective to
modify this Lease. If, as per the terms of this paragraph, any
provision of this lease is newly added, modified, or stricken
out, the remainder of this Lease shall remain in full force and
effect.
26. REMEDIES NOT EXCLUSIVE: The remedies and
rights contained in and conveyed by this Lease are
cumulative, and are not exclusive of other rights, remedies
and benefits allowed by applicable Pennsylvania law.
27. SEVERABILITY: If any provision herein, or any
portion thereof; is rendered invalid by operation of law,
judgment, or court order, the remaining provisions andlor
portions of provisions shall remain valid and enforceable and
shall be construed to so remain.
Residential Lease Avreement. Paae 4
28. NO WAIVER: The failure of Landlord to insist upon
the strict performance of the terms, covenants, and
agreements herein shall not be construed as a waiver or
relinquishment of Landlord's right thereafter to enforce any
such term, covenant, or condition, but the same shall
continue in full force and effect. No act or omission of
Landlord shall be considered a waiver of any of the terms or
conditions of this Lease, nor excuse any conduct contrary to
the terms and conditions of this Lease, nor be considered to
create a pattern of conduct between the Landlord and Tenant
upon which Tenant may rely upon if contrary to the terms
and conditions of this Lease.
29. ATTORNEY FEES: In the event that Landlord
employees an attorney to collect any rents or other charges
due hereunder by Tenant or to enforce any of Tenant's
covenants herein or to protect the interest of the Landlord
hereunder, Tenant agrees to pay a reasonable attorney's fee
and all expenses and costs incurred thereby.
30. HEIRS AND ASSIGNS: It is agreed and understood
that all covenants of this lease shall succeed to and be
binding upon the respective heirs, executors, administrators,
successors and, except as provided herein, assigns of the
parties hereto, but nothing contained herein shall be
construed so as to allow the Tenant to transfer or assign this
lease in violation of any term hereof.
31. DESTRUCTION OF PREMISES: In the event the
leased premises shall be destroyed or rendered totally
untenable by fire, windstorm, or any other cause beyond the
control of Landlord, then this Lease shall cease and
terminate as of the datb of such destruction, and the rent shall
then be accounted for between Landlord and Tenant up to
the time of such damage or destruction of said premises as if
being prorated as of that date. In the event the leased
premises are damaged by fire, windstorm or other cause
beyond the control of Landlord so as to render the same
partially untenable, but repairable within a reasonable time,
then this lease shall remain in force and effect and the
Landlord shall, within said reasonable time, restore said
premises to substantially the condition the premises were in
prior to said damage, and there shall be an abatement in rent
in proportion to the relationship the damaged portion of the
leased premises bears to the whole of said premises.
32. EMINENT DOMAIN: In the event that the leased
premises shall be taken by eminent domain, the rent shall be
prorated to the date of taking and this Lease shall terminate
on that date.
33. LANDLORD ENTRY AND LIEN: In addition to the
rights provided by applicable Pennsylvania law, Landlord
shall have the right to enter the leased premises at all
reasonable times for the purpose of inspecting the same
and/or showing the same to prospective tenants or
purchasers, and to make such reasonable repairs -.and
alterations as may be deemed necessary by Landlord for the
preservation of the leased premised or the building and to
remove any alterations, additions, fixtures, and any other
objects which may be affixed or erected in violation of the
terms of this Lease. Landlord shall give reasonable notice of
intent to enter premises except in the case of an emergency.
Furthermore, Landlord retains a Landlord's Lien on all
personal property placed upon the premises to secure the
payment of rent and any damages to the leased premises.
34. GOVERNING LAW: This Lease is governed by the
statutory and case law of the State of Pennsylvania.
35. ADDITIONAL PROVISIONS:
Tenant is responsible for snow removal from sidewalk and
walkways around the property.
Landlord will not be responsible for accidents and injuries to
tenants or guests of tenants while in or on the property at 71
West Main Street, Newville, PA 17241.
*s*ssss******s*****s***
Residential Lease Agreement. Paae 5
• '•
WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:
LANDLORD
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Si Print: 7<&I-hh 10- t 4 t, ktat-.
TENANT
sign: Jjj,__ Print: Date: F L
TENS
Sign:
TENANT
Sign: _
TENANT
Sign: _
'tint: 1 7 Date
Print:
Print:
Date:
Date:
Residential Lease Agreement, Paae 6
Register: Accounts Receivable
From 01/01/2004 through 10/02/2006
Sorted by: Date, Type, Number/Ref
Date Number Customer
10/29/2004 1165
10/29/2004 768529
11/08/2004 0331009...
11/29/2004 1166
12/2912004 384
01/29/2005 445
02110/2005 417
02/10/2005 120282765
02/10/2005 0812028...
02/28/2005 529
03/04/2005 0399024...
03/04/2005 0399024...
03/31/2005 1255
04101/2005 353
04/30/2005 1365
05/10/2005 1349
05119/2005 0392202...
05/31/2005 1490
06/05/2005 0393080...
06/30/2005 1606
07/31/2005 1739
08/05/2005 1683
08/2512005 0393087...
08/31/2005 1786
09/08/2005 18002939
09/30/2005 1862
10/31/2005 2058
11/10/2005 2036
11/19/2005 048133166
11/30/2005 2202
12/03/2005 338
12/31/2005 2374
01/0712006 0474882...
01/31/2006 2471
02/01/2006 2493
02/11/2006 0473161...
02/17/2006 18-003310
02/2712006 18003340
02/28/2006 2599
03/28/2006 02011767
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
S&lusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Miche116...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Schlusser, Michelle...
Millrace, LLC
Memo/Description Qty Rate Charge Paid
425.00
225.00
200.00
425.00
425.00
425.00
168.21
425.00
169.00
425.00
350.00
75.00
425.00
425.00
425.00
176.16
80.00
425.00
260.00
425.00
425.00
200.56
180.00
425.00
425.00
425.00
425.00
212.76
100.00
425.00
425.00
425.00
130.00
425.00
152.31
155.00
200.00
225.00
425.00
425.00
Page 1
Exhibit "13"
10/2/2006
Balance
425.00
200.00
0.00
425.00
850.00
1,275.00
1,443.21
1,018.21
849.21
1,274.21
924.21
849.21
1,274.21
849.21
1,274.21
1,450.37
1,370.37
1,795.37
1,535.37
1,960.37
2,385.37
2,585.93
2,405.93
2,830.93
2,405.93
2,830.93
3,255.93
3,468.69
3,368.69
3,793.69
3,368.69
3,793.69
3,663.69
4,088.69
4,241.00
4,086.00
3,886.00
3,661.00
4,086.00
3,661.00
Millrace, LLC
Register. Accounts Receivable
From 01/01/2004 through 10/02/2006
Sorted by: Date, Type, Number/Ref
Date Number Customer Memo/Description
03/31/2006 2695 Schlusser, Michelle...
04/28/2006 1074 Schlusser, Michelle... Sovereign Bank ck# ...
04/28/2006 2813 Schlusser, Michelle...
04/28/2006 259227 Schlusser, Michelle... Receipt# 259227 - to...
0413012006 2878 Schlusser, Michelle...
05/01/2006 2784 Schlusser, Michelle...
05/01/2006 2785 Schlusser, Michelle...
05/1212006 386 Schlusser, Michelle... Commerce Bank ck# ...
05/31/2006 2909 Schlusser, Michelle...
06/28/2006 374751 Schlusser, Michelle...
06/30/2006 3000 Schlusser, Michelle...
07/14/2006 462 Schlusser, Michelle... Commerce Bank ck#...
07/31/2006 3161 Schlusser, Michelle...
08/01/2006 3097 Schlusser, Michelle...
08/04/2006 486 Schlusser, Michelle... Commerce Bank ck#...
08/1612006 3403 Schlusser, Michelle... Returned check and f...
08/17/2006 3266 Schlusser, Michelle...
08/31/2006 3306 Schlusser, Michelle...
09/08/2006 375131 Schlusser, Michelle... payment for bad che...
09/30/2006 3438 Schlusser, Michelle...
Qty
10/2/2006
Rate Charge Paid Balance
425.00 4,086.00
200.00 3,886.00
25.00 3,911.00
200.00 3,711.00
425.00 4,136.00
425.00 4,561.00
136.41 4,697.41
25.00 4,672.41
425.00 5,097.41
800.00 4,297.41
425.00 4,722.41
340.00 4,382.41
425.00 4,807.41
128.46 4,935.87
130.00 4,805.87
205.00 5,010.87
5,010.87
425.00 5,435.87
160.00 5,275.87
425.00 5,700.87
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on October 5, 2006, I, David A. Baric, Esquire, of O'Brien, Baric &
Scherer, did serve the Complaint, by first class U.S. mail, postage prepaid, to the parties listed
below, as follows:
James Gallo, II
71 West Main Street
Newville, Pennsylvania 17241
Michelle Schlusser
71 West Main Street
Newville, Pennsylvania 17241
c
David A. Baric, Esquire
hi
`
r
-
i _r-li rT?
cli j
Curtis R. Long
Prothonotary
office of the Protbonotarp
(Cumbertanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
_l)Io 7,? 93 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 - Fax (717) 240-6573