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06-5878
COMA40NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON Pt FAQ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. I 'L ?7- 0o6a , o This block will be signed ONLY when this notation is required under Pa- R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy -Is If FROM C. Pa. R. C. P. D.-No before a DIVrrict 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. Name of apps/lee(s) appellee(s), to file a complaint in this appeal /(j L )within twenty (20) days after service of rule or suffer entry of urir,..,o.,+ of non ____ RULE: To V__eT /fj /? y ? / Name or ,elled(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: Od- ? 20 / Signature o rothonotary 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 boxes. (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable ) 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, on sender's receipt attached hereto, and upon the appellee, (name) 20? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affaant Signature of official before whom affidavit was made Title of official My commission expires on 20- 0 r-a? t7 " i c" c -n v ` C-1 Fr. 5 12 }( C M1 Z _COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-1-01 CHARLES A. CLEMENT, Address: 400 BRIDGE ST OLDS TOWNE COMMONS NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 JR -SUITE 3 17070 H DOUGLAS CLUCK 1732 CUSHING GREEN CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rNPI MGMT CORD/AGNT FOR SOCIETY HILL 31 GENERAL WARREN BLVD LMALVERN, PA 19355 J VS. DEFENDANT: NAME and ADDRESS rCLUCK, H DOUGLAS 1732 CUSHING GREEN CAMP HILL, PA 17011 L J Docket No.: LT-0000463-06 Date Filed: 8/24/06 449' Judgment was entered against CLUCK, H DOUGLAS Landlord/Tenant action in the amount of $ 1,777.53 on 9/12/06 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 846.00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied Rent in Arrears $ .00-$ .00= Physical Damages Leasehold Property $_ 1.600.03-$ -.00 = Damages/Unjust Detention $ n0 -$ no= 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. Total Judgment ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total in a Adjudicated Amount $ .00 $ 1.680.03 $ _eo $ .00 $ n0 $_1, 680 02 $ 97-50 $ nn $ 1,777.53 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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. SEP 12 2006%? - Date , Magisterial District Judge certl t t t Is is a true an r t cop o f r o t r c in s containing t o judgment. ?? Date Magisterial District Judge M an r. air ctSa-rommission expires first Monday of January, 2008. tF SEAL, U.S . Post al Ser viceT 11 CE RTIF IED AI- T;, REC EIPT (Dom estic M ail Onl, No Ins urance C overage Provided) t i)71- F? P'A 19355 j co Postage $ ru O Certified Fee O E3 Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee co (Endorsement Required) ru Total Postage & Fees S Q ant To 51.39 [u1711 '62.40 ark 51.85 1 511.[t1.1 ?pp6 ??, $4.64 1?^' tSli?? PROOF OF S PLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYVANIA,J COUNTY OF ss AFFIDAVIT-f I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Gammon Pleas 1 71 'upon the District Justice designated therein on (date of service) 0? , 20 0 /7 by personal service ? by (certified) (registered) mail, sender's receipt a ched hereto, and upon the appellee, (name) 20 ? by personal servi by (certiftd) (registered) mai?rr ' senders re eipt attached hereto. (SWORN) (4FFIRMED) AN BSCRIBED BEFORE y ME THIS ! U DAY OF C - 20 CC, . _ Sionature of official before whom affidavit was made Title of official T My commissionaires on `? 20 (` MONW T O P SYLVANI NoWW Sett Beth M. Herr, Notimyy Public LaMoyne Boro. Cnar wbW County My Counietion E*M Aug. 19, 2008 Member, PenwA"nin t4ttoc9sMon of Notarise 0 Q -T! `? , r- 71-5 C; ^G COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL 2:191,5' DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.(',.;f.? r NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. .1 ,. This block will be signed ONLY when this notation is required under Pa: If "app ant laima e 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 Dii?nict Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (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 appellee(s), to file a complaint in this appeal Name of appef/ee(s) r (Common Pleas No.? within twenty (20) days after service of rule or suffer entry of judgment of non pros. / Stknature oftappOllant or affomey or agent RULE: TO pellee(s) Name of a ll (s) (1) You are notifil4thbIIa* iq**ipreby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon ,yciu by,p?rsbnal servi E'c7s by certified or registered mail. (2) If yot 'do not file a complaint withio*tttis time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if servic.6 was by mail is the date of the mailing. Date: ?p 0 1 Signature oy rothonotary or Deputy YOU MUST IIILUDE A CyOF*Y 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 BODELL, BOVE, GRACE & VAN HORN, P.C. BY: Marc J. Syken, Esquire Identification No. 62533 One Penn Square West, 6th Floor 30 South 15th Street Philadelphia, PA 19102 (215) 864-6600 NPI-MANAGEMENT CORPORATION AGENT FOR SOCIETY HILL APARTMENTS Attorneys for Plaintiff NPI - Management Corporation/ Agent for Society Hill Apartments CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. H. DOUGLAS CLUCK Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral and Information Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17103 Phone: (717) 249-3166 No. 06-5878 NOTICIA Le ban dernandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion de Licenciados de Filadelfia Servicio de Referencia e Informacion Legal Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17103 Phone: (717) 249-3166 CIVIL ACTION COMPLAINT 1. Plaintiff, NPI-Management Corporation ("NPI-Management") is a Pennsylvania business corporation with a business address of The Commons at Great Valley, 31 General Warren Blvd., Malvern, PA 19355. NPI-Management is in the business ofresidential real estate management, often in the capacity of a contract property manager for residential planned communities. 2. Society Hill Partners is the owner of Society Hill Apartments, a residential apartment complex located at Slate Hill and Lisburn Roads, Camp Hill, PA 17011. NPI-Management is the property manager for Society Hill Apartments, with the responsibility of entering into lease agreements and collecting rents. 4. Defendant, H. Douglas Cluck ("Cluck") is an adult individual, and citizen and resident of the Commonwealth of Pennsylvania, currently residing at 1732 Cushing Green, Camp Hill, PA 17011. On July 1, 2005, Cluck submitted a Rental Application to rent apartment #702 at Society Hill Apartments effective July 2, 2005. A true and correct copy of the Rental Application is attached as Exhibit "A". 6. Cluck indicated in "Section U. Pet Information" that no pets would occupy the apartment. Cluck indicated in "Section IV. Occupants Will Consists Of' that no occupants other than Cluck were to occupy the apartment. On or about July 2, 2005, NPI-Management entered into a Residential Lease Agreement ("Lease') with defendant Cluck, with a monthly rent of $846.00 for apartment #702 at SocietyHill Apartments. A true and correct copy of the Lease is attached as Exhibit "B" and all terms of the Lease are incorporate herein. 9. The Lease provided that "Cluck" was to provide a security deposit of $99.00. The Lease stated: Landlord may also use the security deposit to pay for losses or damages caused by Tenant's breach of this Lease. Landlord may also use the security deposit to pay for any damages to the Leased Unit. Tenant must pay for any damage to the Leased Unit. Tenant must pay losses or damages which are not covered by the security deposit as additional rent. Lease at ¶ 4. 10. The Lease further stated: Tenant agrees to maintain the Leased Unit during the term of this Lease in the same condition as it was on the beginning date of the Lease. Tenant agrees to return the Leased Unit to Landlord at the end of this Lease in the same condition as it was on the beginning date of this Lease ...Tenant agrees to pay as additional rent the cost of the repair of damage caused by Tenant or other permitted occupants or visitors of Tenant. Only Landlord's employees, agents, or contractors may make repairs to the Leased Unit. Lease at ¶ 10. 11. Paragraph 16(d) ofthe Lease provides that "Landlord may sue Tenant to collect any monies due including but not limited to legal fees and costs to enforce lease terms. Tenant agrees to pay all legal fees and costs." 12. On or about July 2, 2005, defendant Cluck acknowledged that the condition of the carpet in apartment #702 was acceptable. See Apt. Unit Inspection Report attached at Exhibit "C". 13. On or about July 2, 2005, defendant Cluck acknowledged receipt of the Charges for Breakage and Damage. A true and correct copy of said acknowledgment is attached as Exhibit "D". 14. NPI-Management issued an "Offer to Extend Residency" and "Lease Renewal Agreement Form" to Cluck on April 17, 2006. A true and correct copy of the Offer to Extend Residency and Lease Renewal Agreement Form is attached as Exhibit "E". 2 15. The Lease states at paragraph 15 (c): Landlord may increase the rent or change any other term of the Lease for any renewal period by sending written notice to Tenant. Landlord must send this notice at least 60 days before the end of the Term or of any renewal term. 16. Defendant Cluck notified plaintiffNPI-Management by letter of May 1, 2006 that "eve will vacate apartment 702 on 30 June 2006". A true and correct copy of said correspondence is attached as Exhibit "F". 17. NPI-Management responded to Cluck on May 10, 2006, acknowledging the notice to terminate the lease on apartment #702 effective June 30, 2006. A true and correct copy of NPI- Management's response of May 10, 2006, is attached as Exhibit "G". 18. NPI-Management informed Cluck by letter dated May 25, 2006 that during a routine air filter replacement, the on-site maintenance staffobserved two (2) unauthorized cats in apartment #702. A true and correct copy of the May 25, 2006 correspondence of plaintiff is attached as Exhibit «H„ 19. The presence of the cats was a direct violation of the "Rules and Regulations" portion of the Residential Lease Agreement, Section - 8 ("Pets/Animals), which reads: No pets or animals are allowed in the lease unit, in the building or on the premises at anytime without written permission by Landlord. 20. Cluck never asked plaintiff to house a pet. 21. Plaintiff's Pet Rider provides for only one pet per apartment which is not to exceed 251bs. at maturity. Said Pet Rider was never issued to Cluck. 22. Defendant Cluck was never given written permission by NPI-Management to house a pet. 3 23. Defendant Cluck was advised to remove the pets and that a follow-up inspection would be performed at a later date to confirm the permanent removal of the pets from the apartment. 24. NPI-Management after inspecting the apartment again, advised defendant Cluck by letter dated June 5, 2006 that he was still in violation of the lease by failing to remove the two unauthorized cats from the apartment. A true and correct copy of the June 5, 2006 correspondence is attached as Exhibit "I". 25. Following the lease termination date, NPI-Management Corporation inspected apartment #702 after the June 30, 2006 lease termination date and observed excessive cat urine stains and odor. 26. A professional carpet cleaner was consulted for his professional recommendation whether the carpet in apartment #702 could be successfully cleaned and deodorized. 27. Defendant Cluck had caused the destruction of the carpet and padding in apartment #702. 28. The professional carpet cleaner recommended full replacement of the carpet and padding, and to treat the subfloor with an enzyme treatment. 29. Defendant Cluck issued correspondence dated August 2, 2006 to NPI wherein he admitted to housing two young cats, and that his son was also living in the apartment. Aside from breaching the lease by causing damage to the unit, defendant Cluck violated Section 8 ("Pets/Animals") of the "Rules and Regulations", and Sections 6 and 8 ("Use and Occupancy"-and "Sub-Letting") of the Lease Agreement. A true and correct copy of the August 2, 2006 letter is attached as Exhibit «J„ 30. The costs to repair the damage to apartment #702 done by defendant Cluck was $1,708.03. 31. At the time of termination of the Lease, defendant Cluck also owed $11.00 late charge and $60.00 4 in cleaning charges. 32. Defendant Cluck's breach of the Lease has resulted in the following damages to plaintiff: Damages to Unit $1,768.03 March 2006 Late Fee Outstanding $ 11.00 Less Security Deposit <$ 99.00> $1,680.03 33. A Charges Against Security Deposit - Itemization Sheet and Detailed Schedule were sent to defendant Cluck on July 21, 2006. A true and correct copy is attached as Exhibit "K". 34. On or about September 12, 2006, judgment was entered against defendant Cluck and in favor of plaintiff NPI-Management in the amount of $1,777.53, which included costs of $97.50. 35. PlaintiffNPI-Management is also demanding herein its costs, counsel fees, and interest, pursuant to the terms of the Lease. WHEREFORE, plaintiffNPI- Management Corp. demands judgment in its favor in the amount of $1,777.53, along with costs, counsel fees, and interest, in an amount not in excess of the amount requiring submission to arbitration. Respectfully S ,:;-?' / Marc J. Syke SQ6RE BODELL, OVEN, GRACE & VAN HORN, P.C. One Penn Square West, 6th Fl. 30 S. 15th Street Philadelphia, PA 19102 (215) 864-6600 5 Oct-31-06 02:11pm From-National Properties, Inc. 610-647-2220 T-855 P.002/002 F-808 VERIFICATION The undersigned verifies that the facts set forth in the foregoing Complaint are true and correct to the best his knowledge, information and belief The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. UPMT l for anagement Corp. Date: 10 51 ?Du EXHIBIT "A" NPI-Management Corporation RENTAL APPLICATION 31 General Warren Blvd. Malvern, PA 19355 (610) 647-2000 - (610) 647-2220 - Fax Date of Application cx L7 Community Apt. # :702 Si- 2 Bath -2-1 Floor /s? Carpet Color Lease Date: From z T to 6 c,6 Term of Lease: Years Months/ Da s 36 De osits: Security Other Total Ap plication Deposit 5--0Y)DatePaid ? e?- How Did You Learn About Us? (Check Box or Fill In Blank) Newspaper ? Mailer ? Apt. Book Source Internet Source Drive-By W PEP ? Referral Other Applicant's Name Other Char es Age Social Securit # Garage/Covered e/Covered Parkin $ Co-Applicant's Name Pet $ Age Social Security # Carpeting $ Present Address Appliances ( ) $ C-429419. 066- O Other ( ) $ Phone Cell # Q f Total Monthl Rent Years at Current Residence A13 1 Monthl Pa ment lef O ` Mort a 2nd Mort a e No Mortgage Type Breed Weight Age Reason for Leaving Previous Address Applicant's Em to menVIncome Information Co-Applicant's Employment/Income Information Local Employer G ?t 22 Local Employer f 6p" Address Address Pho osition How Lon ?Z~ Phone Position How Lon ? Gross Salary 64 Bonus/Commission Ke 4Vf Gross Salary Bonus/Commission Years at Previous Address Monthly Name Payment Relationship Address Name J Relationship Phone .- d NEW Age Name Relationship Age Name Relationship Age Name Relationship Age Name Relationship Age Vehicle #1 Vehicle #2 Vehicle #3 Plate # / State Z Make /Model O L Year / Color e9k VIN# % 3 G Z 64 36 j Monthly Pa ment 4 ,00's JA ar k p Applicant's Driver ID # Current Landlord State Co-Applicant's Driver ID # Apt. Community State Phone Address Reason for Leaving Current Address Previous Landlord A t. Community Phone Address Applicant's Employment/Income Information Co-A licant's Em to ment/Ineome Information Previous Employer Previous Em to Address ress Phone on How Long? Phone Position How Long? Gross Salary Bonus/Commission Gross Salary Bonus/Commission Other Yearly Income: Social Security,/ ?? Pension - Support - Other Investments :L- Interest/Dividends Checking With Acct. # Other Yearly Income: Social Security Pension Support Other Investments Interest/Dividends Branch C Savings With Acct. # r - Branch Brokerage/Investments Student Loans Amt. $ ""`-go. Payment $ ,KW f' Mortgage Lender Branch Have you and/or co-applicant a ecla ed bankruptcy or suffered a foreclosure? Yes N If yes, when Have you and/or co-applicant ever been evicted or sued for unpaid rent or damages to leased property? Yes o If yes, explain Have you and/or cc-applicant ever refused to pay rent for any reason? Yes CD If yes, explain Are you and/or c - plicant obligated to pay alimony or child support? Yes o If yes, how much per month Have you and/or applicant experienced late payments to creditors? Yes No If yes, when Will any judgm or collections appear on our credit report and/or co-applicant's credit re ort? Yes o If yes, explain Are you and/or co-applicant citizens of the United States? Yes No If no, provide a copy of your Work Visa Mail Lease to: Remarks: PLEASE READ CAREFULLY BEFORE SIGNING I. Applicants understand that they are making an application to rent the specific apartment in the specific apartment complex referenced above. Applicants may not withdraw their application until the eleventh (I l`h) business day following the Applicants' submission of the application to NPI. . 2. Applicants agree to pay to NPI the amount of $ (?A LC, to cover the cost of a credit report. This credit report fee, whether Applicants' application is accepted or rejected, is NON-REFUNDABLE. 3. Applicants also agree to deposit an Application Deposit with NPI in the amount of $ eo . This Application Deposit is in consideration of the following conduct of NPI: a. NPI will remove the apartment from the rental market and reserve it for Applicants while this application is pending; b. NPI will commit the necessary staff to review and analyze this Rental Application; and C. NPI will prepare the apartment for rental to the Applicants so that the Applicants can begin occupancy of the apartment at the beginning of the lease term. 4. NPI must notify the Applicants of acceptance or rejection of this application by certified/retum receipt mail to Applicants' stated address within ten (10) business days. Failure of NPI to notify the Applicants of NPI's decision within this period will be deemed a rejection of the application. 5. If NPI rejects this rental application, the entire Application Deposit (but not the credit application fee) will be refunded to the Applicants. 6. If this application is approved by NPI, Applicants must sign lease in the form customarily used for apartment rental (a copy of which will be provided upon request) within five (5) business days of being notified of the approval. Unless otherwise stated above, lease signing shall occur at the management office of the complex in which the apartment is located and delivery of the lease to that management office by NPI is deemed sufficient delivery of the lease to Applicants. a. Upon signing the lease, the Application Deposit will be applied as follows: $ yy towards the apartment security deposit; $ towards other security, and $ kS16. O towards first month's payment of rent. b. IF THE APPLICANTS FAIL TO EXECUTE THE LEASE, OR ATTEMPT TO WITHDRAW THE APPLICATION BEFORE THE ELEVENTH QIna) BUSINESS DAY AFTER MAKING THE APPLICATION, NPI IS ENTITLED TO KEEP TIRE ENTIRE APPLICATION DEPOSIT, AND NO PORTION OF THE APPLICATION DEPOSIT WILL BE REFUNDED TO APPLICANTS. 7. APPLICANTS UNDERSTAND THAT NPI IS RELYING ON THE STATEMENTS MADE BY APPLICANTS IN THIS APPLICATION. APPLICANTS PROMISE THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE. APPLICANTS UNDERSTAND THAT IF ANY OF THE INFORMATION PROVIDED IN THIS APPLICATION IS UNTRUE, APPLICANTS PERMIT NPI TO DENY THE APPLICATION AND RETAIN ALL DEPOSIT MONEY, INCLUDING THE APPLICATION DEPOSIT, GIVEN BY THE APPLICANTS T NPI TO MAKE THIS APPLICATION. PRIVAC T - entity and other personal information about Applicants is not sold, traded or disclosed to third parties except required by la ,with mer porting encies, or if directed by Applicant to do so. Acce al i f on is limited to those a yees who e a le ' e bu ' ess ne NPI Rental Office Personnel Signature ?pUµ?- - 1' ant's S' ar OVPORT ALL APPLICATIONS SUBJECT TO OWNER'S APPROVAL o-Applicant's Signature Owned and Managed \ l i[4l / www.natlprop.com EXHIBIT "B" RESLANTIAL LEASE AGI-ZEMENT THE DATE OF THIS LEASE IS July 2, 2005, BETWEEN, Landlord: Society Hill Partners, Owner Agent for Landlord: NPI-Management Corporation AND Tenant(s): H. Douglas Cluck Landlord agrees to rent to Tenant the "Leased Unit" on the following terms and conditions: 1. ADDRESS OF THE LEASED UNIT. Society Hill Apartments, apartment #702, 2907 Society Hill Drive, Camp Hill, PA 17011. 2. TERM. Length of Lease: 11 months and 30 days Lease Begins On: July 2, 2005 Unless Renewed, this Lease Ends On: June 30, 2006 3. RENT. Total Rent For Lease Term: $10,140.30 First months rent pro-rated at $834.30 based on 30 days rent. 6. USE AND OCCUPANCY. (a) Tenant will personally use and continuously occupy the Leased Unit as a residence for Tenant and (0) persons. Only the following persons may reside in the Leased Unit: H. Douglas Cluck It is a breach of this Lease to have any person(s) living in the Leased Unit who is (are) not listed in this Paragraph. (b) Tenant will not remove or attempt to remove Tenant's personal property without first paying to Landlord all rent due for the balance of this Lease. (c) Tenant will notify Landlord in advance if Tenant intends to be away from the Leased Unit for more than 10 days. (d) Tenant will comply with all statutes, laws, ordinances and regulations. Tenant will not keep anything which is dangerous in the Leased Unit. Tenant will not conduct any dangerous activity in the building. Tenant will not do anything which might increase the danger to the Leased Unit or to other occupants in the building. Rent For Each Month: $846.00 Tenant must pay rent to Landlord or Agent for Landlord by the first (1st) day of every month at Society Hill Apartments, Rental Office, Slate Hill & Lisburn Roads, Camp Hill, Pennsylvania. If Tenant's check is returned by the bank, Tenant will pay a charge of $15_00 as additional rent. If any of the rent is not paid by the seventh (7th) day of the month, Tenant must pay a late fee of $10.00 and $1.00 per day until rent is paid in full. 4. SECURITY DEPOSIT. Tenant has paid to Landlord a security deposit of $99_,00 as security that Tenant will perform his/her obligations under this Lease. Landlord may use the security deposit to pay for losses or damages caused by Tenant's breach of this Lease. Landlord may also use the security deposit to pay for any damage to the Leased Unit. Tenant must pay losses or damages which are not covered by the security deposit as additional rent. Tenant may not use the security deposit to pay the rent for the Leased Unit. Landlord may keep the security deposit if Tenant fails to make rental payments or if Tenant leaves before the end of the Lease Term. Landlord will insure (bond) the security deposit through The Hartford, Hartford Plaza, Hartford, CT 06115. Tenant must vacate the Leased Unit and give Tenant's keys and new address to Landlord in writing before Tenant is eligible for return of the security deposit. 5. UTILITIES. Landlord will pay for the following utilities: water & sewer. Tenant will pay for all other utilities. Tenant agrees to place all other utilities in the name of Tenant and agrees to pay all bills when due. Landlord is not responsible for any inconvenience or loss caused by interruption of any utilities services. (e) Tenant will not act in any way which unreasonably disturbs the peace and quiet of other residents or of Landlord or Agent. 7. POSSESSION. Landlord will make a good faith effort to make the Leased Unit available to Tenant on the day this Lease is scheduled to begin. If any delay does occur, no rent is due until the Leased Unit is available to Tenant. Tenant can end this Lease by written notice to Landlord by certified mail, return receipt requested, if the Leased Unit is not available within 10 days after the Lease beginning date. Tenant's only remedy is to end the Lease. Landlord is not responsible for any inconvenience, loss or damage if there is any delay in making the Leased Unit available to Tenant. 8. SUB-LETTING. Tenant may not sublease, transfer or assign this Lease. No person is allowed to occupy the Leased Unit unless specifically named in Paragraph 6(a). 9. ALTERATIONS. Tenant may not remodel or make any structural changes to the interior or exterior of the Leased Unit. Tenant may not attach or remove any carpeting or fixtures without first obtaining Landlord's written permission. When this Lease ends, Tenant must return the Leased Unit to its original condition. 10. CONDITION OF LEASED UNIT; REPAIR OF DAMAGE. Tenant agrees to maintain the Leased Unit during the term of this Lease in the same condition as it was on the beginning date of the Lease. Tenant agrees to return the Leased Unit to Landlord at the end of this Lease in the same condition as it was on the beginning date of this Lease. Tenant will promptly notify Landlord in writing if the Leased Unit is damaged or repairs are required. Landlord agrees to perform necessary repairs with reasonable promptness after receiving written notice from Tenant. Tenant agrees to pay as additional rent the cost of the repair of damage caused by Tenant or other permitted Copyrighted by Jon C. Sirlin and Associates, P.C. (1994) occupants or visitors of Tenant. Only Landlord's employees, agents or contractors may make repairs to the Leased Unit. Landlord is not responsible for any inconvenience or loss caused by necessary repairs to the Leased Unit. 11. CONDEMNATION. Condemnation is the power of the government to take private property for public use. If the Leased Unit or any part of it is condemned, or voluntarily transferred by condemnation proceedings, this Lease will automatically end as to the condemned portion. If the Lease ends due to condemnation of a part of the Leased Unit, Landlord will reduce the rent accordingly. If the Leased Unit becomes uninhabitable due to the condemnation, the Lease will end when Tenant pays all rent due until the condemnation date. Tenant will not have any right to any award paid to Landlord by the condemning authority. 12. DAMAGE TO LEASED UNIT. Landlord will not reduce the rent if there is a fire or other damage. Landlord will decide whether the Leased Unit cannot be lived in due to damage. If the Leased Unit becomes uninhabitable for any reason, this Lease will end when Tenant pays all rent due to the date that the Leased Unit is vacated. Landlord is not responsible for any loss, damage or inconvenience to Tenant caused by fire or other cause. 13. TENANT'S PERSONAL PROPERTY AND INSURANCE. Landlord is not responsible for any damage to Tenant's personal property. For that reason, Tenant must obtain insurance to protect his or her personal property. Tenant is in breach of this Lease if Tenant fails to obtain personal property insurance. Any personal property left in the Leased Unit after Tenant has vacated or has been evicted is considered abandoned. Landlord may dispose of this property in any mariner without notice to Tenant. Tenant must pay Landlord's cost of disposal of Tenant's property. Tenant must have comprehensive general liability insurance with an insurance company licensed to do business in Pennsylvania. The insurance must have minimum limits of liability for bodily injury and property damage of a combined single limit of $300,000. This insurance is to protect Landlord and Tenant against any claim by Tenant's employees, servants, agents, visitors, licensees or family members. If any insurance coverage maintained by Landlord is found to apply to any loss or damage covered by Tenant's insurance, the following will happen: (a) Landlord's insurance and any obligation of Landlord to pay is considered excess coverage. (b) Tenant's insurance must be fully used up before any claim can be made against Landlord or against Landlord's insurance coverage. Regardless of anything stated in this Lease, Tenant releases Landlord from any injury, loss or damage to personal property or persons from any cause. This Release is effective even if Landlord or Landlord's employees or agents cause the injury, loss or damage. Tenant waives any right of subrogation by Tenant or by any insurance company which covers Tenant. Subrogation is the right to be repaid for any payments made by Tenant or Tenant's insurance for injury, loss or damage to personal property or persons. Landlord may require Tenant to produce proof of insurance that is required in this Lease. It is a violation of the Lease to fail to have the insurance or fail to produce proof when requested. 14. ACCESS. Landlord and anyone allowed by Landlord may enter the Leased Unit after first notifying Tenant. If there is an emergency, Landlord may enter the Leased Unit without giving Tenant advance notice. Tenant must obtain written approval from Landlord to add or change any lock. Tenant must provide to Landlord keys for any additional or changed locks. 15. END OF LEASE OR RENEWAL. (a) Either party may end this Lease at the end of the Term by written notice. Landlord or Tenant must receive this notice at least 60 days before the end of the Term. (b) This Lease will automatically renew for one ear if neither party ends the Lease at the end of the original Term or of any renewal term. Automatic renewal will not change the terms of this Lease except that the rent for each renewal term is increased by prevailing Consumer Price Index. (c) Landlord may increase the rent or change any other term of the Lease for any renewal period by sending written notice to Tenant. Landlord must send this notice at least 60 days before the end of the Term or of any renewal term. Tenant may reject the renewal terms by sending written notice to Landlord by certified mail, return receipt requested, within 15 days of the date of Landlord's renewal notice. Tenant must then vacate at the end of the current Term. The Lease will renew on the terms set forth in Landlord's renewal notice if Tenant does not send notice ending the Lease. (d) If Landlord agrees in writing to end this Lease before the end of the Term, Tenant is responsible for all costs and losses caused by the early ending of the Lease. These losses will include loss of rent for the balance of the term unless the Tenant complies with all the steps outlined under Section 26 (a) EARLY TERMINATION - LEASE BREAK REQUIREMENTS. (e) If this Lease is ended and Tenant does not vacate on the ending date, Tenant must pay double the last monthly rental charge. This rental charge is due for each month that Tenant remains in possession of the Leased Unit. 16. LANDLORD'S REMEDIES. Tenant is in breach of this Lease if Tenant fails to make rental payments when due or fails to comply with any other provision of this Lease. If Tenant breaches this Lease: (a) Tenant must immediately pay all rents for the balance of the term of this Lease and Landlord may sue for this rent. (b) Landlord may end this Lease. (c) Landlord may evict Tenant. (d) Landlord may sue Tenant to collect any monies due including but not limited to legal fees and costs to enforce lease terms. Tenant agrees to pay all legal fees and costs. (e) To the extent allowed by law, Landlord may discontinue any utility services to the Leased Unit. (f) Landlord may exercise any one or more of the other remedies available to it under law or in equity. (g) Tenant agrees to waive the 15 or 30 day notice period which is contained in Section 501 of the Landlord and Tenant Act of 1951, as amended, 68 P.S. 250.501. LANDLORD MAY FILE SUIT AGAINST TENANT TO ENFORCE THE TERMS OF THE LEASE WITHOUT NOTICE TO TENANT. (h) Tenant must pay Landlord's costs of enforcing this Lease including legal fees, whether or not suit is begun, as additional rent. 17. VACATING LEASED UNIT. 26 (a). EARLY TERMINATION - LEASE BREAK REQUIREMENTS. Landlord agrees to allow the Tenant to end this Lease Agreement early, if the Tenant completes all of the following steps: (1) Gives thirty (30) days written notice of the Tenant's intention to end the lease early. The Lease Agreement must end on the last day of the calendar month that follows the end of the thirty day notice period. (2) Pays a "lease break fee" to Landlord when the Tenant gives such notice. The "lease break fee" will be two (2) months rent then payable under the Lease Agreement, if the Tenant has occupied and paid rent for the apartment for 12 or less months. If the Tenant has occupied and paid rent for the apartment for 36 months or less but more than 12 months, the charge will be equal to one month of the monthly rent then payable under the Lease Agreement. The charge will be $1.00 if the Tenant has occupied and paid rent for the apartment for more than 36 months. (3) Complies with all other provisions of the Lease Agreement especially (but not limited to) those provisions relating to leaving the premises upon termination of the Lease and the physical condition in which the premises shall be upon termination of the Lease and vacating of the premises. The foregoing provisions of this section will not apply to any Tenant who has failed to comply with and fulfill the requirements of the Lease Agreement. Landlord and Tenant agree that in no event will any security deposit paid by Tenant be used or applied for the lease break or termination charge. Once the Tenant gives notice of early termination of the Lease the Tenant may not retract or withdraw the notice of early termination without Landlord's written consent or approval. The lease break or termination charge does not and will not include any charges, damages or monies payable to Landlord which Landlord is or will be entitled to otherwise recover from the security deposit or from the Tenant. 26 (b). FIRE EXTINGUISHER/FIRE DETECTION EQUIPMENT RESPONSIBILITY. Tenant is responsible for any damage caused by the misuse or tampering with the automatic fire detection devices and/or fire extinguishers provided by Landlord. Tenant must inspect and test the operation of the fire detection devices at the beginning of Tenant's occupancy and on a monthly basis, which includes replacing batteries as needed in order to keep the detection devices in working order. The Tenant must inspect the charging gauge on the fire extinguisher at the beginning of Tenant's occupancy and on a monthly basis. Tenant must report, in writing, any problems or questions with the detection devices or fire extinguisher immediately. 26 (c). DEATH DURING LEASE. If the Tenant should die during the term of this lease, and is the only Tenant surviving, the Tenant's heirs are responsible for all conditions of this Lease. The Tenant's heirs will have the right to end this Lease by following either paragraph 15 or 26(a) of this Lease. 26 (d). CO-SIGNER GUARANTY. We understand that we are Co-Signers/Guarantors to this Lease between Landlord and n/a (Tenant) and that co-signers/guarantors have the following obligations: Co-signers/guarantors are responsible for payment of all rent and other charges under the Lease. Co-signers/guarantors are responsible for Tenant's compliance with the terms and conditions of the Lease. Co-signers/guarantors are responsible for damages caused by Tenant's breach of any terms and conditions of the Lease. We understand that co-signers/guarantors are not residents of the Leased Unit. LANDLORD WILL SEND ALL NOTICES TO THE CO-SIGNER(S)/GUARANTOR(S) AT THE LEASED UNIT. Copyrighted by Jon C. Sirlin and Associates, P.C. (1994) Tenant must notify Landlord and must return all keys at the time that Tenant vacates the Leased Unit. 18. NO WAIVER BY LANDLORD. If Landlord does not exercise any of its rights under this Lease, Landlord may still exercise these rights at a later date. Acceptance of past due rent is not a waiver of Landlord's rights to enforce other terms under this Lease. 19. SUBORDINATION. This Lease and Tenant's rights under this Lease are subordinate (inferior) to all existing and any future financing, loans or leases on the building or land. Among other things, this means that the new owner or mortgagee may end this lease if there is a foreclosure sale of the property. Tenant agrees to waive rights by permitting the buyer at a foreclosure sale to end this Lease. Tenant agrees to all financing and to sale of the Leased Unit or property subject to this Lease. Tenant authorizes Landlord to sign any papers on behalf of Tenant which are . necessary to confirm the terms of this Paragraph. These are additional waivers of Tenants rights. 20. RELEASE OF LANDLORD. Landlord is not responsible for any injury, property damage or loss sustained by Tenant or Tenant's guests. Tenant agrees to release Landlord from responsibility for any damage, loss or injury caused by any other person occupying the Property, or by Landlord or Landlord's agents or employees. Tenant agrees that this release includes losses or damages which result from any of Tenant's acts or failure to act. All claims against Landlord for any damage, loss or injury are expressly waived by Tenant. 21. NOTICE TO TENANT. THIS LEASE CONTAINS WAIVERS OF CONSUMER RIGHTS. TENANT WAIVES CERTAIN RIGHTS BY SIGNING THIS LEASE. 22. NO JURY TRIAL. Landlord and Tenant waive and give up any right to any jury trial for any claim or matter concerning this Lease or the Leased Unit. 23. INCORRECT INFORMATION IN APPLICATION. If Tenant provided incorrect information in the Application, it is a breach of this Lease. Landlord may end this Lease and/or sue Tenant for possession and/or any losses or money damages if the Application contained incorrect information. 24. ADDITIONAL TERMS AND CONDITIONS. The Rules and Regulations which are attached are part of this Lease. Violation of any of the "Rules and Regulations" is a breach of this Lease. 25. SEPARABILITY. If one or more of the paragraphs of this Lease are determined to be invalid, the remainder of this Lease will remain in effect. 26. RIDERS. The following Riders are attached to and made a part of this Lease: Rider 26(a). 26(b). 26(c) and 26(d). 27. LEASE CHANGES The terms and conditions of this Lease may only be changed if in writing and signed by both Landlord and Tenant. No oral changes or agreements are permitted. 28. ATTORNEY GENERAL APPROVAL. It is the opinion of the Office of Attorney General, that this preapproved consumer contract meets the Test of Readability under 73 P.S. Section 2205 of the Plain Language Consumer Contract Act. PTeapproval of a consumer contract by the Office of Attorney General only means that simple, understandable and easily readable language is used. It is not an approval of the contents or Iyality of the con ct. AGENT F DLORD: 7lanagemen ?atian By: Barbara Yarnall, Corpora S ary WITNES ociety Hill Apartments Offic anager TEN as B: CO-SIGNER(S)/GUARANTOR(S): Copyrighted by Jon C. Sirlin and Associates, P.C. (1994) RULES & REGULATIONS These Rules and Regulations are a part of the Lease dated July 2. 2005, between Society Hill Partners, by its Agent NPI- Manaeement Corporation Landlord, and H. Douglas Cluck, Tenant. These Rules and Regulations are for Tenant, all other occupants of the Leased Unit, Tenant's family and/or guests of Tenant. The word "tenant" when used in these Rules and Regulations means Tenant, all other occupants of the Leased Unit, Tenant's family and/or any guests of Tenant. 1. LOCKS. Tenant may not add, remove or change any lock without first getting written permission of Landlord. 14. LAUNDRY ROOM. The Laundry Room is open from 8:00 a.m. to 10:00 p.m. on Monday through Sunday. 2. CARPETING. Tenant must carpet at least 75% of the floor area of the Leased Unit if carpet is not supplied by Landlord. 3. APPLIANCES. Tenant may not replace any appliances in the Leased Unit. Tenant may not install any new appliances without first getting written permission of Landlord. (Examples of appliances are air- conditioners, freezers, washers, dryers and dishwashers.) 4. STORAGE SPACE. Landlord may provide Tenant space to store his or her property. Landlord is not responsible for loss or damage to any property stored by Tenant in the storage space. Landlord is not responsible for losses from fire, smoke, water, theft, dirt or mysterious disappearance. Tenant will not hold Landlord responsible for any loss or damage. Tenant may use the storage space only during the Lease. Landlord is not responsible for property left in the storage space over 30 days after Tenant leaves the Leased Unit. 5. WATER BEDS. No water beds are allowed in the Leased Unit. 6. BALCONIES AND PORCHES. Tenant may not place or hang anything over the railing of the balconies or porches. Tenant may not store anything on the balconies or porches except the usual porch furniture. 7. WINDOWS. Tenant needs written permission of Landlord to have exterior window shades or awnings on any of the windows. 8. PETS/ANIMALS. No pets or animals are allowed in the Leased Unit, the building or the premises at any time without written permission by Landlord. 9. REMOVAL OF PROPERTY FROM LEASED UNIT. Tenant must have prior written approval from Landlord to remove furniture, furnishings or other large items from the building. Tenant must give Landlord at least 24 hours notice before moving any furniture or other large items from the building. Tenant must move furniture or other large items in or out of the building between the hours of 9:00 a.m. and 4:00 p.m. 10. ODORS. Poisonous or offensive odors are not allowed. 11. NOISES. Tenant may not play any musical instrument, stereo, other audio equipment, radio or television which disturbs other tenants. Tenant nay not make any other disturbing noises in the building. 12. ALTERATIONS/CHANGES OUTSIDE THE LEASED UNIT. No outside aerials are permitted. No signs, appliances, air-conditioning units, exhaust fans or other devices may extend outside the Leased Unit. 13. SAFES AND OTHER HEAVY ITEMS. Landlord may limit the weight and position of safes and other heavy items in the Leased Unit. Tenant is responsible for all damages caused by the moving of heavy items. 15. PUBLIC AREAS OF THE BUILDING. The public areas of the building are: halls, stairways, staircase landings, elevators, lobbies, and all other parts of the building except for the apartments. Tenant may not block any public area. Tenant may use the public areas only to leave and/or enter the building. Tenant may not take any baby carriages, bicycles or other large articles into any public area except as needed to enter or leave the building. Tenant may not sweep any dirt or other trash into the public areas especially the hallways and elevators. Tenant may not place garbage cans or any other items in the public areas especially in the halls or on the staircase landings. Tenant may not throw anything out of the windows, balconies or doors, or down the halls, staircases, fire towers, light shafts, elevator shafts or lobbies. 16. PARKING VEHICLES. Tenant may not park any commercial truck, trailer or broken or unregistered motor vehicle in the parking areas of the community. 17. RIGHTS OF OTHER TENANTS. Tenant may not do anything that interferes with the rights, comforts, safety or convenience of other tenants. 18. RISK OF FIRE. Tenant may not do anything that increases the risk of fire in the building. 19. THEFT OR DAMAGE OF PROPERTY. Landlord is not responsible for loss, theft, disappearance or damage of any items left with the janitor or other employee of Landlord. Landlord is not responsible for any property left in any part of the building. 20. CHANGES INSIDE THE LEASED UNIT. Tenant may not install or change electric lights, pipes, wires, radiators or other fixtures unless Tenant has first obtained written consent of Landlord. 21. NEW RULES AND REGULATIONS. Landlord may change or add to these Rules and Regulations as needed. All new Rules and Regulations are a part of this Lease. AGENT FO L RD: NP Ma agement Cor or in BY: Barbara Yarnall, Corporate Secr tkacy= WITNESS FOR LAN S y Hill Apartments Sy: TENANTLU- H. as uc B: CO-SIGNER(S VGUARANTOR(S): BY: Revised 6/14/04, 12/16/03 EXHIBIT "C" APT. UNIT INSPECTION REPORT o , f A 8 200r, 61ill Aei Date of Inspection 4/z/?4j Complex Name E??' _1 /Z Residents Name Lease Inception Date Apt. Number No. of Bedrooms ? No. of Baths KITCHEN paint doors floors range refrigerator dishwasher cabinets sink fixtures countertop others BATHROOMS paint floors toilet basin tub or shower elec. fixtures plumbing others Acceptable needed yes no repairs X W to .Cast e c? F. 4 C- CO-` BEDROOM 1 paint floors carpeting windows elec. fixtures BEDROOM 3 paint windows floors elec. fixtures doors carpeting Rli' HEAT AND A/C EQUIPMENT 47i° furnace thermostat filters air cond. LIVING ROOM/DINING ROOM paint floors carpeting k elec. fixtures windows MISCELLANEOUS porch patio screens c? others COMMENTS BEDROOM 2 _ paint G t/?G. n vr?e,., floors - ??? l 7ca)C(?( C Cm carpeting fO 5,?, ?/ windows ?(®D !W ?"" < '"/?f? elec. fixtures RESIDENTS CERTIFICATION PROPERTY CERTIFICATION I certify that the foregoing report correctly represents the conditions of the above identified apt. unit. Signature of resident who made the inspection. I certify that the foregoing report correctly represents the condition of the above identified apt. unit. If this report discloses any deficiencies I certify that they will be remedied within 30 days. Signat al M ager r Superintendent. WHITE - OFFICE PINK - COMPLEX YELLOW - TENANT Acceptable needed EXHIBIT "D" CHA,: _JES FOR BREAKAGE AND L RAGE J U L 'O 8 2005 Community Name: -511;19 Resident's Name: ClIc-1- Apt. Number: _02 Move-In Date: ?F ZAS 1. Replace Toilet Seat .............................................................................................................................. $ 20.00 2. Replacement of Toilet Bowl or Tank ................................................................................................... $ 65.00 each 3. Replacement of Bathroom or Kitchen Sink Bowls .............................................................................. $ 75.00 4. Replacement of Ceramic Wall Fixtures... ............................................................................................ $ 30.00 5. Replacement of Ceramic Tiles ............................................................................................................. $ 9.50 6. Glass Shelves for Medicine Cabinet .................................................................................................... $ 7.50 each 7. Replacement of Mirrors as per Glass Company Current Prices .......................................................... $ 20.00 8. Replacement of all Light Fixture Lenses at Current List Prices .......................................................... $ 20.00 9. All Glass and Screen Replacement for Window and Door as per Glass Company Current Prices..... $ 10. Toilet Stopped up by Foreign Objects that can be Snaked Out ........................................................... $ 30.00 11. Toilet Stopped up by Foreign Objects where Toilet must be Removed .............................................. $ 50.00 12. Any Mail Box or Door Lock that must be Rebarreled ........................................................................ $ 15.00 13. Duplicate Keys ..................................................................................................................................... $ 5.00 14. Replacement of Storm Door ................................................................................................................ $ 219.00 15. Replacement of all Appliances or Parts for Damage caused by Resident will be charged at Current List Price plus Labor ............................................................................................................................ $ 16. Floor Damage by Wall-to-Wall Carpet Installation ............................................................................. $ 150.00 17. Replacement of Wall-to-Wall Carpet, Hardwood Floors and Floor Coverings .................................. $ 1.25 sq. ft. 18. Wall, Door, Electrical and Carpentry Repairs will be charged accordingly - Material plus $25.00 per hour Labor ...................................................................................................................................... $ 19. Abandoned or Illegally Parked Vehicle will be Towed Away at Owners Expense ............................. $ 50.00 20. Any Damage to the Property by Moving Vans or other Vehicles to be charged accordingly ............. $ 21. Painting of Apartment (Less than One Year occupancy or when second coat coverage, and/or premature Ceiling or Woodwork Painting required): Standard Featured/Townhouse 1 Bedroom .................................... $479.00 1 Bedroom..................................... $692.00 2 Bedroom .................................... $559.00 2 Bedroom..................................... $851.00 3 Bedroom .................................... $612.00 3 Bedroom..................................... $904.00 22. Cleaning Charges will be as follows: Range ........................................................................................................................................ $ 35.00 Refrigerator .............................................................................................................................. $ 25.00 Cabinets & Countertops ......................................................................................:.................... $ 30.00 Windows .................................................................................................................................. $ 25.00 Window Blinds ........................................................................................................................ $ 30.00 Bathrooms ................................................................................................................................ $ 35.00 each Floors ........... ......... ............ ..... .............. ..................... .......... ........ .......... ................................... $ 35.00 Trash Removal ......................................................................................................................... $ 20.00 23. Replacement of Cabinet and Countertops will be charged at Current List Prices plus Labor to Install .................................................................................................:..................:............................... $ 24. Others ................................................................................................................................................... $ wP,rety tYC3,?: Contact the Community Manager for information about proper use of the 4VOIiances and floor care: We 11 have found that some of the new cleaning and laundry products on the market can cause damage to the;appliances and floors. No use of ancillary heating sources or fuels beyond those provided ?'ill'he Iierrr+itted. CAUTION: Do not leave washing machines or dishwashers tunningand unattended when you areaway from your apartment: NQ`)cE: THE ABOVE CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE DUE TO THFXYER CHANGING COST OF MATERIAL AND LABOR, AND A INTEN'przp Tc3 ? TAI31 ESEi A MIMM[JMBASE ,RF.-FER,ENCE POINT. MANAGEMENT RFSERVhS THE I?~IG1nITT4,[ ( rtk 6 1 DECREASE AN LINE ITEM Tp REI I IyCT INCIDENTS 01` EXCESSNE DAMAGI OR AI3IJSE OF PW1v11SES UR Ff?7fJRS' INCLUDING CLEANING CHARGES. - 1.` NPI MANAGEMENT CORPORATION The Commons at Great Valley 31 General Warren Blvd., Malvern, PA 19355 (610) 647-2000 • (610) 647-2220 - Fax Signature Revised 9112101 WHITE -- Home Office YELLOW - Tenant's Copy PINK - Community Copy EXHIBIT "E" Tu `` CERTIF'wn MAII RFif'_FiC 1?PI -MANAGEMENT CORPORATION April 17, 2006 H. Douglas Cluck Society Hill Apartments, #702 2907 Westbury Court Camp Hill, PA 17011 Dear Mr. Cluck: (Domestic Mail Only; Wo Insurance Coverage P? 'CIAL 4 M Postage $ M E3 Certified Fee ED C3 Return Receipt Fee Pos H (Endorsement Required) C7 Restricted Delivery Fee ,n (Endorsement Required) r-q rq Total Postage & Fees u, c3 Sent To O [?- Siriei, Apf No.; ------------- or PO k1ox No. ..5 6jq 6 2- 'Slate, Z1P+4 Re: Lease Renewal PS Form 3800, June 2002 See Revers? Two (2) copies of our "Lease Renewal Agreement Form" offering you the opportunity to continue your residency at Society Hill Apartments for another 12-month term at a guaranteed monthly rate are enclosed for your review and acceptance. The Owner and Management of Society Hill Apartments would like to express our sincere appreciation for your patronage during the past year. Our challenge continues to be one of earning your loyalty and support of our efforts to provide your housing needs. Our goal is to meet and exceed your expectations whenever possible. Society Hill remains one of the most affordable and desirable housing alternatives among individuals who are looking for a luxury, maintenance free lifestyle and for those new to the West Shore area desiring affordable quality rental housing.- During the past twelve months, we have continued to provide our residents with the highest level of commitment and dedication to insure that Society Hill's appearance and the quality of lifestyle is above the rest. Capital Improvement Programs such as our ongoing exterior wood replacement and exterior painting program and Specialty Landscaping projects, our Pool Rehabilitation Project and our Hallway/Stair Tread Replacement Program. are just a few of the programs in place to keep Society Hill looking its best. These monetary investments in your community are designed to solidify Society Hill as the premier rental value in the Central Pennsylvania area. However, our increase in costs for items such as insurance (+15%), sewer rate (+25%) and electric (+8.2%) continue to push operating expenses higher by more than the general rate of inflation. Despite our best efforts, it is necessary for us to implement a very modest 2.0% (average) rent increase, which is under the Consumer Price Index (CPI) for the last 12-months. We invite you to renew your lease and continue in residency at Society Hill Apartments. To do so, please sign one (1) copy of the enclosed form where indicated for renewal and return it to the address stated below within the time period stated in its final paragraph. Sincerely, NPI-MANAGEMENT CORPORATION Jo in McCormick Property Manager JMM/j sm Enclosure cc: BAY, M. Condor, File VIA CERTIFIED MAIL - RETURN RECIEPT REQUESTED The Commons at Great Valley 31 General Warren Blvd., Malvern, PA 19355 (610) 647-2000 • (610) 647-2220 - Fax www.natlprop.com April 17, 2006 H. Douglas Cluck Apt: #702 Type: Type B-2bd/2ba/lst LEASE RENEWAL AGREEMENT FORM I/We agree to renew our present lease agreement for another one (1) year term, effective 7/01/2006 to 6/30/2007, at the rental rate of $863.00 per month. I/We do not wish to renew our present Lease, due to expire on 6/30/2006, and are giving you 60 days notice in compliance with Section 15 (End of Lease or Renewal) of our present Lease Agreement. THE ORIGINAL COPY OF THIS AGREEMENT MUST BE RETURNED TO OUR OFFICE OR ON-SITE RENTAL STAFF WITHIN FIFTEEN (15) DAYS OF DATE OF THIS FORM, OR YOUR PRESENT LEASE WILL BE AUTOMATICALLY RENEWED AND AMENDED AS STATED ABOVE FOR ANOTHER ONE (1) YEAR PERIOD AT THE MONTHLY RENTAL RATE SO INDICATED. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINALLY SIGNED LEASE TO REMAIN THE SAME. ??L - _ Q_ --.I- ? - LQ Barbara Yarnall, COky ate Secretary SOCIETY HILL ASSOCIATES c/o NPI-Management Corporation The Commons at Great Valley -- -- - - 31 General Warren Blvd. - Malvern, PA 19355 BAY/j sm Enclosure cc: JMM, Rental Office, File EXHIBIT "F" May 10 2006 11:24AM SOCIIETY HILL APTS. Nay-10-06 11:07am From-National Properties, Inc. 610-6d1 Q? l y 2 0-02 61" a?7oZ 717-975-8881 p.2 T-450 P,0011001- F-729 - - y?a vt-,j 5-I-a?p MAY .Q S 2006 Ale_ 74v z EXHIBIT "G" NPI -MANAGEMENT CORPORATION May 10, 2006 Douglas Cluck Society Hill Apartments 2907 Westbury Court #702 Camp Hill, PA 17011 Dear Mr. Cluck: We acknowledge receipt of your letter dated May 1, 2006 in which you stated your intention to terminate your one year lease on the expiration date, June 30, 2006. Thus far, you have given the proper notice (60 days) prior to your June 30, 2006 move-out. If you would leave the complex prior to the end of June without paying your remaining financial obligations, you would in effect be lease breaking and we would be forced to seek damages for said action. However, should you adhere to the 60 day notice period by paying rent to the termination date stated, you would receive a full return of your security deposit less deductions for damages to the apartment (or its equipment) over and beyond normal wear and tear. Under no circumstance is your security deposit to be used against your last months rent. Rent for the balance of your stay at Society Hill Apartments will continue to be due promptly on the first of the month. Unless we are advised to the contrary, we will proceed to rerent apartment #702 effective July 1, 2006 and will proceed on the basis of your vacating the premises by June 30, 2006 per the notice you have submitted to our office. Sincerely, NPI-MAN GF.JVIENT CORPORATION John M. McCormick Property Manager JMM/j sm cc: BAY, Rental Office, File - 702 Type B-2bd/2ba/lst Orig MA - 7/2/05 The Commons at Great Valley 31 General Warren Blvd., Malvern, PA 19355 (610) 647-2000 • (610) 647-2220 - Fax www.natlprop.com EXHIBIT "H" Nk NFI-MANAGEMENT CORPORATION May 25, 2006 H. Douglas Cluck Society Hill Apartments 2907 Westbury Court #702 Camp Hill, PA 17011 RE: Lease Violation Unauthorized Pet Dear Mr. Cluck: As you are aware, on May 19, 2006, our maintenance staff entered your apartment to replace the air filter in your furnace. During that time, they observed that you are currently housing two (2) unauthorized pet cats in apartment #702 and therefore, are in direct violation of your Lease Agreement. Under the "RULES AND REGULATIONS" portion of your RESIDENTIAL LEASE AGREEMENT, section #8 "PET/ANEN4ALS" (enclosed), states: "No pets or animals are allowed in the leased unit, in the building or on the premises at any time without written permission by Landlord"Notwithstanding the aforementioned section in the Lease Agreement, Society Hill Apartments does entertain written requests from residents and provides Pet Riders authorizing those residents to house a pet in their unit. Consideration of this type of request is only given to those residents who can attest that their pet will not exceed 25 lbs. at maturity and that the quantity of pets desired does not exceed our one 1 et per apartment limit. Because you never requested or received written permission to house any animal in apartment #702, you have also avoided paying the $300.00 pet deposit and an additional $15 per month pet fee. Furthermore, permission to house two (2) cats at Society Hill Apartments would have and will never be given. There is no exception for "temporary" or "visiting" animals. Consequently, unless you complete the "Permission to House a Pet" form (enclosed), provide Society Hill Apartments with a pet deposit of $300, permanently remove one of the two (2) cats, and pay the customary $15 monthly pet fee, we must insist upon your immediate cooperation in finding a new home for your unauthorized cats no later than June 1, 2006. The Commons at Great Valley 31 General Warren Blvd., Malvern, PA 19355 (610) 647-2000 • (610) 647-2220 - Fax °^ °•?? www.natlprop.com H. Douglas Cluck R,.. i.ease Violation - Unauthorized Pet May 26, 2006 Page 2 In spite of the fact that your Lease Agreement is schedule to expire June 30, 2006, we demand your full compliance with the "Rules and Regulations" of your Lease Agreement while you remain a Tenant of Record at Society Hill Apartments. Be advised that our on-site maintenance staff will make an unannounced inspection of apartment #702 to confirm that the second cat has been removed. If we do not receive the requested information and deposits listed above and you fail to permanently remove both cats from the premises by June 1, 2006, you will be considered in breach of our Lease Agreement and we will be forced us to take legal action to protect the property and financial interests of Society Hill Apartments. Sincerely, N . EMENT CORPO TION PI-A ?eJohn M. McCormick Property Manager /jmm Enclosure cc: SAI, BAY, JAK, B. Green, SHA - Rental Office, File - #702 EXHIBIT "I" R k NPI-MANAGEMENT CORPORATION June 5, 2006 Via hand delivery & regular mail H. Douglas Cluck Society Hill Apartments #702 2907 Westbury Court #702 Camp Hill, PA 17011 RE: Lease Violation - FINAL NOTICE Dear Mr. Cluck: Despite our prior correspondence dated May 25, 2006, you continue to house two (2) unauthorized cats in apartment #702 at Society Hill Apartments. As such you remain in direct violation of the Lease Agreement and leave us no choice but to protect our physical asset. Your intention to vacate apartment #702 at the end of June does not preclude you from abiding by the terms and conditions of the legal and enforceable Lease Agreement until its expiration. Per Section 16 of the Lease Agreement, "Landlord's Remedies", you are in breach of your lease as you have failed to comply. Therefore, the landlord has every right to sue for immediate payment of all monies due, which can include all legal fees and costs associated with the same. As stated in our prior letter, you have avoided the monthly pet fee and pet deposit by not getting the required written permission from the landlord to house the permissible one (1) pet per apartment. By blatantly disregarding the terms of the Lease Agreement you have put our physical asset at risk. As such, our maintenance staff is left with no choice but to do a thorough inspection immediately to check for pet damage. This will be done in the next 48 hours of the date of this letter during business hours (8:30am and 5:00pm) and will take between 30 and 90 minutes depending on what is found in the apartment. While it is not our intention to create more work for ourselves, you have left us with no choice by ignoring our May 25th letter. Should any pet damage be found during the inspection, said charges will be due to the landlord immediately as Additional Rent as allowed under Section 10 of the Lease Agreement "Condition of Leased Unit; Repair of Damage". Additionally, both animals must be removed from the premises AT ONCE. We will not hesitate to get local animal control officials involved if needed. Please remember, we did not create this situation - you did by knowingly violating the Lease Agreement. The Commons at Great Valley 31 General Warren Blvd., Malvern, PA 19355 121 (610) 647-2000 • (610) 647-2220 - Fax ^*'M www.natlprop.com H. Douglas Cluck RE: L_ -e Violation - FINAL NOTICE June 5, 2006 Page 2 We urge you to honor the terms of your Lease Agreement and find alternative homes for the animals at once. This will be the final correspondence from us prior to involving local officials including the local District Justice and animal control. Sincerely, .-NPI-MANAGEMENT CORPORATION John M. McCormick Property Manager /sai cc: SAI, BAY, BKM, JAK, Rental Office, B. Green, File via hand delivery and regular mail Jun 05 2006 4:38PM SOCIIETY HILL RPTS• 490-251a Cn4- rxD - 1-InmC L'- $A l DELIVERY ]tZECEIP i' 0\,-? 'Yf?,C / 717-975-8881 (NDR CompJcx,9??' Apt, I, certify that I have received my, day of -)-A h ?-- 20 MP _ Y?C7?Gi th?ltl,R (Recipient's Name) (Reoipieafs- EXHIBIT "J" 6 ? Q? 2006 pU j c, -10 ovul Vic: J? LI<< Sef-1 ) tA#", A?t?em, Q nW, .T -2ck(?A ,,VlA . ?- AUG 0 7 2006 EXHIBIT "K" NPI-MANAGEMEENT CORPORATION July 21, 2006 Mr. H. Douglas Cluck VIA CERTIFIED/RETURN RECEIPT & REGULAR MAIL 1732 Cushing Green Camp Hill, PA 17011 ' RE: Society Hill Apartments Apartment #702 Charges Against Security Deposit Dear Mr. Cluck: Enclosed you will find the "Charges Against Security Deposit - Itemization Sheet and Detailed Schedule) forms for apartment #702 at Society Hill Apartments in Camp Hill, Pennsylvania. As you can see, we found the condition of the carpet in apartment #702 to be deplorable due to pet urine odor from two (2) unauthorized cats. What is particularly disturbing about this situation is the fact that the carpeting was only two (2) years old when you moved in last July. After applying your $99.00 security deposit to the $1,779.03 due, you owe Society Hill Apartments $1,680.03. 109 square yards of carpet, pad and subfloor were affected. As indicated, the carpet and pad were only two (2) years old when you moved into apartment #702. The cat urine odor was so intense that a special bacteria removal chemical enzyme had to be applied to the subfloor. Be assured that it is not our desire to make more work for ourselves at turnover and we do not consider tenant security accounts to be a source of profit, but rather an account held to prevent losing money due to damage, abuse or neglect of facilities. In your case, the unauthorized cats without taking any of the measures required to protect our property will not be tolerated. Because you never requested or received written permission to house any animal in apartment #702, you have avoided payment of the $300.00 pet deposit and an additional $15.00 per month pet fee. Our pet policy also clearly states one (1) pet per apartment and only with written permission by the landlord. You must understand how upsetting it is for us as developers and owners of over 3,400 rental units in Central/Southeastern Pennsylvania to see our asset treated with such blatant disregard. Your refusal to handle our property in a responsible and reasonable manner, in direct violation of your contractual obligation, requires that we seek and receive immediate restitution. We have labeled, identified, photographed and retained the damaged pad and carpeting needed if pressed to support our claim in court. Please forward the $1,680.03 balance due no later than August 4, 2006. Failure to remit payment by that date will result in our seeking relief through the local District Court in which case the dollars owed will be increased by filing fees and attorney costs. Sincerely, NPI-MANAGEMENT CORPORATION ullyn A. Keilman /jak Assistant Corporate Secretary/Collections Enclosures cc: JLK, SAL JMM, JAK, BAY, Rental Office, B. Green, TRF, File The Commons at Great Valley 31 General Warren Blvd., Malvern, PA 19355 OPPORTUNITY (610) 647-2000 • (610) 647-2220 - Fax aPPO www.natlprop.com Fnuweuntnlr annRFCC: PROPERTY: SOCIETY HILL APTS. APT. #: 702 FIELD INSPECTOR: B. GREEN TENANT #: 888 - LEASE TERMINATION DATE: 6130/06 NAME: H. DOUGLAS CLUCK WARDING ADDRESS: 1732 CUSHING GREEN CITY, STATE, ZIP: CAMP Hal., PA 17011 CO-SIGNER: CHARGES AGAINST SECURITY DEPOSIT - ITEMIZATION SHEET CHARGE 001- Rental Unpaid - Tenant has failed to fulfill rental obligation in accordance with Paragraph 3 of Lease Agreement resulting in unpaid tent totaling: $ 004- Lease Break Fee - In accordance with Rider 26 (a) of the Lease Agreement, Tenant has chosen to prematurely end lease, resulting in a lease break fee. Amount of fee is determined by duration of residency at property as follows: 12 months or less - equivalent of two (2) month's rent; more than 12 months to three (3) years - equivalent of one (1) month's rent; more than three (3) years - 51.00 $ 005- Late Rent Charge - Tenant has failed to submit rental payments to the subject property's rental office by date assigned in Paragraph 3 of Lease Agreement. Such delinquent rent is subject to a charge of $10.00 on the seventh day the said rental payment remains unpaid following the date on which it first came due; and a late charge of $1.00 shall be added to the said rental payment for each day following the said seventh day the said payment remains unpaid. $ 11.00 009- Bad Check Charge - A $15.00 penalty is assessed for all checks returned marked non-sufficient funds as per Paragraph 3. $ 704- Electric Unpaid - tenant has discontinued electric service prior to lease expiration date, resulting in unpaid electric charges which are due landlord in accordance with Paragraph 5, totaling: $ Breach/Default or Lease - Tenant has failed to pay the financial obligations required for early termination of Lease Agreement as detailed in Paragraph 15(d) causing the lease term to be accelerated and the balance of rent due in the amount of: $ Other: FILING FEES $ DESCRIPTION CHARGE 706- Cleaning: 1. Range $ 2. Refrigerator FOOD PARTICLES LEFT IN INSIDE REFRIGERATOR AND FREEZER $ 25.00 3. Cabinets and Countertops $ 4. Windows $ 5. Window Blinds $ 6. Bathrooms $ 7. Floors KITCHEN FLOOR STICKY AND SCUFF MARKS $ 35.00 8. Trash Removal $ 9. Carpet $ 10. Other $ 706- Repairs/Maintenance - Superintendent to describe items required to restore unit for new occupancy. DESCRIPTION 1. CARPET REPLACEMENT - SEE DETAILED SCHEDULE ATTACHED $ 1708.03 2. $ 3. $ 4. $ 712- Hauling - Tenant has failed to remove items from said rental unit resulting in hauling charge. Said items include: S - Other: $ _ TOTAL CHARGES: NOTE: The above charges are based on the terns and conditions of a fully executed lease and/or the estimated costs for repair and maintenance items provided at the time of lease execution. Costs are subject to change without notice based on then current material and labor rates. Management reserves the right to increase or decrease the estimated cost given at lease signing to reflect incidents of excessive damage or abuse of premises or fixtures including cleaning charges. Orig. Rev. 1/98, 4103 DATE: 7/21/06 BY OFFICE BY SUPERINTENDENT SUMMARY: 500 Security Deposit Plus: Security Deposit Interest Plus: Additional Security Deposit Plus: Garage/Cvrd. Park Security Deposit Plus: Satellite Dish Deposit 510 Pet Deposit Plus: Rent Adjustment Plus: Prepaid Rent Less: Charges REFUND/<BALANCE DUE> $ 11.00 S 1768.03 TOTAL CHARGES $ 1779.03 99.00 (1779.03) (1680.03) H. Douglas Cluck Society Hill Apts. #702 Security Deposit Itemization Sheet Detailed Schedule Replace carpet and pad due to strong pet urine odor throughout apartment. Carpet installed August 2003 with 10 years (120) months life expectancy: Total square yards of carpet replaced Remove existing carpet $1.15 SY x Carpet Materials $8.30 SY X Installation of Carpet $4.00 SY X Installation of Pad $0.55 SY x Remove existing pad $0.55 SY X Pad Materials $2.45 SY X Total Replacement Cost 109 SY $125.35 109 SY $904.70 109 SY $436.00 109 SY $59.95 109 SY $59.95 109 SY $267.05 $1,853.00 Less: 29% credit for normal wear and tear 35 of 120 months of useful life $ (537.37) Plus: Enzyme Treatment of Subfloor $3.60 SY x 109 SY $392.40 charge to securi#y ©posi# $17$ Depreciation Schedule . Carpet installed August 2003 -Move-Out June 30, 2006 August 2003 - July 2004 12 months August 2004 - July 2005 12 months August 2005 - June 2006 11 months 35 months used of 120 months useful life '.. months _ 120 months expectancy= 29.17% credit for normal wear and tear 29.00% 10/11/2002 Revised 3/17/04, 4/19/04, 4/13106 CERTIFICATE OF SERVICE I, Marc J. Syken, Esquire, do hereby certify that I caused to be served, on this 2nd day of November, 2006, via Certified Return Receipt U.S. Mail, postage prepaid, a true and correct copy of the attached Complaint to the following: H. Douglas Cluck 1732 Cushing Green Camp Hill, PA 17011 Dated: November 2, 2006 =r> cz? a o wm ? ' a a5 Z ? ? ?- 00 + o? O J N V 3 V v o• 3 ?? N ? ` n N N w Z 7 L. ?. . • i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NPI-MANAGEMENT CORPORATION, AGENT FOR SOCIETY HILL APARTMENTS Plaintiff V. No. 06-5878 H. DOUGLAS CLUCK, Defendant ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. Exhibit A does reference Rent and Other Charges, one of which is stated as "Pet." However, it is denied that Cluck entered any of the information in Section II of the Rental Application, and notes that no "Other Charges" were assessed for carpeting, appliances, or similar items. 7. Admitted. A ,i 8. Admitted. 9. It is admitted that the Lease provided for a security deposit of $99.00. In all other respects, the document speaks for itself. 10. The document speaks for itself. 11. The document speaks for itself, and its legal import is for the interpretation of the court. 12. Admitted. 13. Admitted. 14. Admitted. 15. The document speaks for itself. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Denied as stated. Cluck has never seen and is unaware of the "Plaintiff's Pet Rider," and cannot address its conditions. 4 A. 22. Admitted. 23. Admitted. 24. Denied. Exhibit I was never given to or seen by Cluck. 1 1% 25. Denied. After reasonable investigation, Cluck is without sufficient knowledge or information to form a belief as to the truth of this statement, and proof thereof is demanded at trial. 26. Denied. After reasonable investigation, Cluck is without sufficient knowledge or information to form a belief as to the truth of this statement, and proof thereof is demanded at trial. 27. Denied. It is denied that Cluck caused the destruction of the carpet and padding in apartment #702. 28. Denied. After reasonable investigation, Cluck is without sufficient knowledge or information to form a belief as to the truth of this statement, and proof thereof is demanded at trial. 29. It is denied that Cluck breached any term of the Lease. To the contrary, the plaintiffs were aware of and authorized the occupancy by Cluck's son and the presence of the cats. 30. Denied. After reasonable investigation, Cluck is without sufficient knowledge or information to form a belief as to the truth of this statement, and proof thereof is demanded at trial. K , .4 31. Denied. After reasonable investigation, Cluck is without sufficient knowledge or information to form a belief as to the truth of this statement, and proof thereof is demanded at trial. 32. Denied. After reasonable investigation, Cluck is without sufficient knowledge or information to form a belief as to the truth of this statement, and proof thereof is demanded at trial. It is further denied that Cluck breached the terms of the Lease. 33. Admitted. 34. Admitted. 35. This paragraph does not contain an averment of fact to which a response is required. WHEREFORE, the Defendant requests judgment in his favor and against the plaintiffs. Respectfully submitted, James L. McAne PA Su me Court ID # 22259 P.O. Box 314 New Cumberland, PA 17070-0314 (717) 574-5754 Attorney for Defendant r . # VERIFICATION The undersigned verifies that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. Consolidated Statutes §4904, relating to unsworn falsification to authorities. . Date: December 15, 2006 0 r CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing pleading, by depositing the same in the United States mail, first class postage paid, addressed to the plaintiff's counsel of record as follows: Marc J. Syken, Esquire Bodell, Bove, Grace & Van Horn One Penn Square West Sixth Floor 30 South 15t' Street Philadelphia, PA 19102 awes I,. McAn December 16, 2006 r-, ^=; p c-= ??, -n c: __. -„ r?-t . ?y lL7 ` `_ e _,. ....__. i- ` f_..: _-'r? CA: --G BODELL, BOVE, GRACE & VAN HORN BY: Marc J. Syken, Esquire Identification No. 62533 One Penn Square West, 6th Floor 30 South 15th Street Philadelphia, PA 19102 (215) 864-6600 NPI-MANAGEMENT CORPORATION/ AGENT FOR SOCIETY HILL APARTMENTS Plaintiff H. DOUGLAS CLUCK Attorney for plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 06-5878 Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Marc J. Syken, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $1,777.53, along with costs, counsel fees, and interest. The defendant did not file a counterclaim. T is Pillow; rig attorneys are ;rterested in ti tease as counsel or arc; otherwise disqualified to Sit as arbitrators: James McAneny, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. CERTIFICATE OF SERVICE I, Marc J. Syken, Esquire, do hereby certify that I caused to be served, on this 11 th day of July, 2007, via first class U.S. Mail, postage prepaid, a true and correct copy of the attached Petition for Appointment of Arbitrators to the following: H. Douglas Cluck 1732 Cushing Green Camp Hill, PA 17011 James L. McAneny, Esquire 203 Evergreen Road New Cumberland, PA 17070-2812 Dated: July 11, 2007 cz -bk tT Sul U1 ? ' _ . -. 41- NPI-MANAGEMENT CORPORATION/ AGENT FOR SOCIETY HILL APARTMENTS Plaintiff H. DOUGLAS CLUCK CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 06-5878 Defendant ORDER OF COURT AND NOW, thisday of 2007, in consideration o the foregoing petition, , Esq., za'w Esq., and a). , Esq., are appointed arbitrators in the above capti ed action as prayed for. By th ourt,,. P.J. ,d 4f __ C \4s /y j::?c .. /?J,9,V f 4ezp?7 0,412o194 f 4f.+vj .44CV F / /A. Plaintiff /-? efg. '? r Gnu ck Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06 - 5 S 7 8 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature kb rk o. 44w ycooAl Name (Chairman) Law Firm qq ~ 44tlov Jr. Address R&*4 +r,A..,g A ,loss' City, zip Signature 701201 41 Ggc?t?e Name IQiasA? .10•faAkf s Law Firm 36 Sow I-AW AWO vOI 15:7' Address nVz/T/'r ' ? 1700, 2 City, Zip Signature 1044l-f A. 64eRwcol Name Law Firm 07S' 4&1-ft /- 'r-A 8 t Address Scewt- ?oo 4 .yr,r`,0,04' 17W.3 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ;v {GVot &C ?t /?I t.? o? l? fat id.? 1?TEr?hr sf?la''? ?E4 / Z, 2?6 ? ?g' E fJf t ?t w! fib GG Sf3 a{ l'Jji is rt G?i s.J . . Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of Award Now, the day of _C°ber , 20 07 , at 3.58 , _E_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350,00 By. Prothonotary Deputy J. a ne-,? ?. 33 bl F' E •T+}}yw c n C? r7 *? t BODELL, BOVE, GRACE & VAN HORN, P.C. BY: Marc J. Syken, Esquire Identification No. 62533 One Penn Square West, 6th Floor 30 South 15th Street Philadelphia, PA 19102 (215) 864-6600 NPI-MANAGEMENT CORPORATION AGENT FOR SOCIETY HILL APARTMENTS Plaintiff V. H. DOUGLAS CLUCK Defendant Attorneys for Plaintiff NPI - Management Corporation/ Agent for Society Hill Apartments CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 06-5878 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a judgment in favor ofplaintiffNPI-Management Corporation/Agent for Society Hill Apartments upon the award of the arbitrators entered on October 30, 2007 in the amount of $1,896.74 -cee Wk f ($1,777.53 plus interest of $119.21). A copy of the award of arbitrators is attached hereto. BODELL BOVE E & VAN HORN d 3 By: Marc J. fo? , Esquire Attorney Plaintiff, NPI - Management Corporationl Agent for Society Hill Apartments DATED: December 4, 2007 4''rr d? N/::?c - 4?7., y,! r, e7#14W 7 0.4 /20"" f't", AtG? r Cis Plaintiff /-(? ?oY?/fir Gluck Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06 - S 8 7 8 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Kirk G, g?N?? Name (Chairman) Law Firm 44 ~ Al*p.v JF Address City, zip Signature John/ (?! Cg2?!/z Name W4#1 : Kaf-1.A s Law Firm 36 Soar ?V .AW,-,V,:97 47' Address City, zip Signature *'io1 * tf fl. 646? wco/; Name C - ,ole& ca /i? %?f1?4 4 , ?S Law Firm Pi7J 4&C-kx f, f, Fst Address $ ce440- boo 4 ?fsoyr?14 /7*.3 City, zip I 4 AD36LOI x0117 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) dotOc.Kf !Z /.777.irL3 s &v>ff1-x - at tic Ae'-Af dl G? 4-Wk c•+ k Eo(tdv 17ea S&aEt.n A4- 12-, 20*, j% C & t A WY'f 4 GGSf3 of /`tips aGfio.d . Arbitrator, dissents. (Insert flame if applicable.) Date of Hearing: Gct04,*f ZY, 200r Date of Award: G? yKA- .W; 2007 ?v Notice of Entry of Award Now, the 3D?'k_ day of J?C?ber , 20 6-7 , at 3:,58 , _P_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350. 00 1 By: Prothonotary Deputy 11D fi Ito -zo 'a 0 des I3o? J ?a CERTIFICATE OF SERVICE I, Marc J. Syken, Esquire, do hereby certify that I caused to be served, on this 4th day of December, 2007, via U.S. Mail, postage prepaid, a true and correct copy of the Plaintiff's Praecipe to Enter Judgment to the following: H. Douglas Cluck 1732 Cushing Green Camp Hill, PA 17011 James L. McAneny, Esquire 203 Evergreen Road New Cumberland, PA 17070-2812 Dated: December 4, 2007 t .._ t 4 (73 ' 'Y l BODELL, BOVE, GRACE & VAN HORN, P.C. BY: Marc J. Syken, Esquire Identification No. 62533 One Penn Square West, 6th Floor 30 South 15th Street Philadelphia, PA 19102 (215) 864-6600 Attorneys for Plaintiff NPI - Management Corporation/ Agent for Society Hill Apartments NPI-MANAGEMENT CORPORATION CUMBERLAND COUNTY AGENT FOR SOCIETY HILL APARTMENTS COURT OF COMMON PLEAS Plaintiff V. No. 06-5878 H. DOUGLAS CLUCK Defendant ORDER OF JUDGMENT TO: H. Douglas Cluck You are hereby notified that on bm . 10th , 2007, a Judgement has been entered against you in the above-captioned case in the amount of $1,896.74. Date: BY: s IX6 Prothonotary I hereby certify that the name and address of the proper persop(s) to receive this notice is: H. Douglas Cluck 1732 Cushing Green Camp Hill, PA 17011 By. f, Marc J. Syke Ka E quire Attorney for ntiff, NPI - Management Corporation/ Agent for Society Hill Apartments gel NPI Management Corporation In the Court of Common Pleas of Agent For Society Hill Apartments } Plaintiff H. Douglas CYO ck Cumberland County, Pennsylvania Judgment in favor of Plaintiff on _ fors 1,896.74 No. 06-5878 December 6, 2007 Term Defendant NPI Management Corporation, Agent For Society Hill Apartments Plaintiff in the above Judgment, do appear and acknowledge that February 5 , 200 this day have had and received and from H. Douglas Cluck the defendant in the above Judgment, full payment and satisfaction of the same, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. I /s/ Curtis R. Long And further, do hereby authorize and empower the Prothonotary ofsaid Court, to appear on behalf of NPI-Management Corp. and in its name and stead to enter full satisfaction yon the record of said Judgment, as fully and effectually, to all intents and purposes, as if done could were personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, I have hereunto set our hands and seals this 5th day of February , A.D. 20 08 f j A? (1.,? /' r' (Seal) Robert A. Pingitore, Treasurer(Sea]) State of Pennsylvania ) County of Cumberland,) Chester (Seal) Personally appeared before me, the subscriber, Robert A. Pingstore on behalf of NPI-Management Corporation as agent for Society Hill Apartments the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judgment set forth, to be my act and deed, and desired that the same shall be filed of record in the office of the Prothonotary of the Court of Common Pleas of said County, In testimony whereof, I have hereunto set my hand and seal this 5th day of February A.D. 2008 , (Seal) (Seal) NOTARIAL SEAL KARILYN E. KING, NOTARY PUBLIC T FicDYFFRIN TOWN&W, CHESTER COUNTY MY COMMISSION OWNI OCT.22. 2008 C- r- ? .? Mr- i rn N ? ..r BODELL, BOVE, GRACE & VAN HORN, P.C.. BY: Marc J. Syken, Esquire Attorneys for Plaintiff Identification No. 625-33 NPI - Management Corporation/ One Penn Square West, 6th Floor Agent for Society Hill Apartments 30 South 15th Street Philadelphia, PA `19102 (215) 864-6600 NPI-MANAGEMENT CORPORATION CUMBERLAND COUNTY AGENT FOR SOCIETY DILL APARTMENTS COURT OF COMMON PLEAS Plaintiff V. No. 06-5878 n ^? o H. DOUGLAS CLUCK. Y+ ? 1 1 C" :Z '1.' ' ) °p f7l Defendant Cr% `- ? r sv o ORDER OF JUDGM ENT o TO: H. Douglas Cluck You are hereby notified that on 2007, a Judgement has been entered against you in the above-captioned case in the amount of $1,896.74. Date: BY: S P, cvxa r thonotary 98 I hereby certify that the name and address of the proper perso} s) to receive this notice is: H. Douglas Cluck r1 1732 Cushing Green Camp Hill, PA 17011 pf ? ! . By: Marc J. Syke B quire Attorney for lafntiff, NPI - Management Corporation/ Agent for Society Hill Apartments