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HomeMy WebLinkAbout06-6488 TH OF t r_NN,TLVAN1#k COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O1 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. NtC-??o. C>????rMC,nn D?-3 P IQce ADDRESS OF APPELLANT CITY STATE CODE / v0 1?: I i C' ??- HRT. c ?r s e6: 1-7011 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' /C7 /a U 1Cr_ckL;.?; P f-? sit; Go`c r,?O.n? ?h0I a- DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT LV 0 oo0 ?f q e-l - 0 (p IJ This block will be signed ONLY when this notation is required under Pa. I appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after 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 (.TCA.IL L? }t P -/ n e J^5N, + P appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.n within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To ,fir} (reA jv_ L;'.•;'k`X ParkAe?r?'?P appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: l __7 206(o r, a4.n Si natureof Prothonota or eputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 h tin h ?J E' -n " rn _D? ?c? N ,7 Cri fCOl+.,a,lIONiNEALTH OF PENNSYLVANIA r,n11nITYnF• CUMBERLAND Mag. Dist No.: 09-3-04 MDJ Name. Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone (717 ) 761-8230 17050 NICHOLAS GOLDERMANN 665 INDEPENDENCE AVENUE MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBEANT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J vs. DEFENDANT: NAME and ADDRESS rGOLDERMANN, NICHOLAS 665 INDEPENDENCE AVENUE MECHANICSBURG, PA 17055 L -?. Docket No.: CV-0000497-06 Date Filed: 8/17/06 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMESIT PLTF ® Judgment was entered for: (Name) Fx1 Judgment was. entered against: (Name) in the amount of $ 1,822.81 (Date of Judgment) 10/12/06 BENT CREEK LIMITED PARTNERSHIP GOLDERMANN, NICHOLAS Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,722.36 Judgment Costs $ 100.50 .00 $ Interest on Judgment - Attorney Fees $ .00 Total $ 1, 822.86 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE 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. My commission expires first Monday of January, ` Zulu, AOPC 315-06 DATE PRINTED: 10/12/06 9:22:00 AM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF r_ LA,4 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas 66.648jr , upon the District Justice designated therein on (date of service) (- j -/_, 200.7 , 10 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 12,e1 Gy.CA 1,(M on ,20 Js by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. Signature ofaffrant COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jemler N. Grove, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Jan. 28, 2008 Member, Pennsylvania Association of Noted" CD C.? 111- - V„R.m, r My commission expires on !) 2qr. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. U(Q - 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. N E OF APPELLANT MAG. GIST. NO. NAME O D.J. O o•cx ?, p 11:t e. ADDRESS OF APPELLANT CITY STATE 21 ODE DATE OF JU GMENT IN THE CASE OF (FbintiM Defewarly DOCKET o. SIGNATURE OF APPELLANT OR ATTORNEY OR AGE OG This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after 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 Cre- r _ L.; M {-?• A F r 4 A CrS ; P appellee(s), to file a complaint in this appeal Name of appefte(s) (Common Pleas No. amL ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appewf or attorney or agent RULE: To ,? } L/ ?- f i A?. }Ea !? r? ?M1 e??" ?'. appellee(s) (1) You are+ l 2f that a' rule is ,h -gntered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule uport Lby personal service=dertified or registered mail. (2) If you t snot file ik complaint within th s'tir ne, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. >x (3) The datq of service 6U, Ws htla if service was by mail is the date of the mailing. r, A Date: +f`'7 20606 '1", 1 ureof Prothonotaryor eputy t YOU MUST INCLU6t`14f'OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs Nicholas Goldermann 100 Elicker Road, Apt B Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, NO. 06-6488 CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (2o) 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 LAWYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 or (8oo) 99o-91o8 NOTICIA LEN RAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (2o) dias de plazo al partir de la fecha de la demanda y la 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 encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrara una orden contra usted sin previo aviso o notificacion y por cualquiere queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 or (8oo) 990-9108 BENT CREEK LIMITED PARTNERSHIP By. dd - (9 0 Pietro Leone, Attorney, PA Bar #85127 2 Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs Nicholas Goldermann 100 Elicker Road, Apt B Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, NO. 06-6488 CIVIL ACTION - LAW COMPLAINT AND NOW comes Plaintiff and avers as follows: 1. Plaintiff is Bent Creek Limited Partnership, a Pennsylvania limited partnership with offices at 5351 Jaycee Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Nicholas Goldermann, an adult individual residing at loo Elicker Road, Apt B, Carlisle, PA 17013. 3. Plaintiff filed a Landlord/Tenant action on August 17, 2006. District Justice Placey granted default judgment in favor of Plaintiff due to Defendant's failure to appear. A copy of said judgment from District Justice Placey is attached hereto and marked as exhibit «A„ 4. Plaintiff and Defendants entered into a Lease for premises known and numbered as 1400 Bent Creek Boulevard, Apt 112, Mechanicsburg, PA 17050 ("Premises") on or about August 17, 2005, a copy of which is attached hereto and marked as Exhibit "B". 5. The Lease ended on March 14, 2006 and Defendant vacated the Premises without payment of February or March's rent. 6. Plaintiff incurred expenses in restoring the Premises to a habitable condition. 7. After deduction of Defendants' security deposit, Plaintiff is owed the following: Balance of February & March rent $ i,o88.71 Cleaning charge 300.00 Damages 565.00 Unpaid late charges for Jan, Feb, March 151.15 District Justice costs 218.00 TOTAL $1,822.86 WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendants in the amount of $1,822.86 and such other costs as this Court may deem proper. Respectfully submitted, BENT CREEK LIMITED PARTNERSHIP Date By. Leone, Attorney, PA Bar #85127 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 MDJName: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF Fx1 Judgment was entered for: (Name) (Date of Judgment) 10/12/06 BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) GOLDERMANN, NICHOLAS in the amount of $ 1, 822 8 F1 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time F] This case dismissed without prejudice. F Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $i Amount of Judgment $ 1,722.36 Judgment Costs $ 100.50 $ -00 Interest on Judgment Attorney Fees $ .00 Total $ 1,822.86 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE 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. 1A121 610 Date I certify that this is a true ID112hIP Dam My commission expires first Monday of January, 2010 AOPC 315-06 DATE PRINTED: 10/12/06 L VS. DEFENDANT: NAME and ADDRESS rGOLDERMANN, NICHOLAS 665 INDEPENDENCE AVENUE MECHANICSBURG, PA 17055 L Docket No.: CV-0000497-06 Date Filed: 8/17/06 Magisterial District Judge gs containing the judgment. , Magisterial District Judge 9:22:00 AM SEAL 7 J 7 I EXHIBIT "B" Nov.20. 2006 3:06PM No-2697 P. 10 RESIDENTIAL LEASE PMG'09-1 I" THIS IS A LEASE. IT IS A LEGAL CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY. TENANT GIVES UP RIGHTS (WAIVERS) IN THIS RESIDENTIAL LEASE. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. 1. NAMES OF LANDLORD AND TENANT LANDLORD: Triple Crown Corporation Property Manag=ent Division For Bent Creek Limited Partnership 5351 Jaycee Avenue. Iiarrisburg,, PA 17112 TENANT(s): JovKesha Washington Nicholas Goldermann 2. APARTMENT The apartment is the place that LANDLORD agrces to lease to TENANT. The apartment is: 1400 Bent Creek Blvd. Apt.112, Mechanicsburg. PA 17050 Should TENANT continue to use the Apartment after this Residential Lease ends, such occupancy shall be at one hundred fifty percent (150%) of the rcnt. 3. STARTING AND ENDING DATES OF LEASE AGREEMENT Lease starts on September 1, 2005 Lease ends on Auzust 31, 2006 If TENANT wants to move out at end of lease, TENANT must give written notice to the LANDLORD sixty (60) days before August 31, 2006. 4. RENT The total amount of rent for this lease is $ 9,000.00 , Payable to the LANDLORD. TENANT must pay the amount of S 750.00 each month'to the LANDLORD. Due Date: On or before the first day of the month. LANDLORD does not have to ask TENANT to pay the rent. TENANT agrees to pay rent by first class mail postage prepaid or in person to LANDLORD at the place specified by LANDLORD. Nov.20. 2006 3:06PM No.2697 P. 11 TENANT agrees to 1'4> an additional charge of $10% if _ .ENANT does not pay the rent by the 5th of the month. If TENANT mails the rent to LANDLORD, the postmark of payment is considered the date of payment. A $20.00 fee will be charged for each certified letter sent due to NSF check notification and rules or rent violation notices. If the starting date of this Residential Lease starts on any date other than the first of the month, TENANT shall pay to LANDLORD, a part of the monthly rental rate on the date TENANT starts to live in the apartment. This payment is based on the number of days remaining in the month. Pro-rated amount of rent for _ to _ is $ no pro rate for August 2005. 5. SECURITY DEPOSIT PAYMENT OF SECURITY DEPOSI'T': TENANT agrees to pay a security deposit of $500.00 TENANT agrees to pay the security deposit to LANDLORD before the lease starts. RETURN OF SECURITY DEPOSIT: LANDLORD can take money from the security deposit to pay for any damages caused by TENANT, TENANT's family and TENANT's guests. LANDLORD may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent or other charges, LANDLORD agrees to send to TENANT any security deposit money left over. LANDLORD will send the remaining security deposit money to TENANT no later than 30 days after the lease ends and TENANT leaves. LANDLORD also agrees to send to TENANT a written list of damages and amounts of money taken from the security deposit. TENANT agrees to give LANDLORD a written 'forwarding address when TENANT leaves and the lease ends. TENANT may not use the security deposit as payment of the last month's rent. 6. LANDLORD'S DUTY AT THE START OF THE LEASE LANDLORD agrees to give TENANT possession of the apartment on the starting date of the lease. The lease starts even if TENANT cannot live in the apartments because the TENANT before is still in the apartment or the apartment is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION TO TENANT. 7. DAMAGE TO APARTMENT TENANT agrees to notify LANDLORD immediately if the apartment is damaged by fire or any other cause. TENANT agrees to notify LANDLORD if there is any condition in the 2 Nov.20. 2006 3:06PM No-2697 P, 12 apartment that could damag..ne apartment or harm TENANT or c. . rs. If TENANT cannot live in the entire apartment because it is damaged or destroyed, TENANT may: 1) Live in the undamaged part of the apartment and pay full rent until the apartment is repaired. OR 2) End the lease and leave the apartment. TENANT agrees that if the apartment is damaged or destroyed and TENANT ends the lease, LANDLORD has no further responsibility to TENANT. 8. INSURANCE LANDLORD agrees to have insurance on the building where the apartment is located. TENANT's own property is not insured by LANDLORD's insurance. TENANT is responsible for TENANT's own property that is located in the apartment. 9. TRANSFER OR SUBLEASES BY TENANT TRANSFER (ASSIGN) is the legal term for a transfer of the lease from the TENANT to another person. This other person then becomes the LANDLORD's new TENANT and takes over the lease. TENANT agrees not to transfer (assign this lease to anyone else without the written permission of LANDLORD. A sublease is a separate lease between the TENANT and another person who leases all or a part of the apartment from the TENANT. TENANT agrees not to lease (sublease all or any part of the lease premises to anyone else without the written permission of LANDLORD. TENANT breaks agreements made in this lease if TENANT transfers this lease or leases all or a part of the apartment to another. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE LANDLORD is responsible for all damage to property or injury to people caused by LANDLORD (or LANDLORD's representatives) intentional or negligent acts at the apartment. TENANT is responsible for all damage to the apartment and injury to people caused by TENANT, TENANT's family or guests. TENANT agrees that LANDLORD is not responsible to TENANT, TENANT's family or guests for damage or injury caused by water, snow or ice that comes on the apartment or leaks into the basement. 11. USE OF APARTMENT 3 Nov;20. 2006 3:07PM No-2697 P. 13 TENANT agrees to the apartment only as a residence. T. iANT agrees to obey all federal, state and local laws and regulations when using the apartment. TENANT agrees to obey all rules and regulations of the homeowners association, if any. TENANT agrees not to store any flammable, hazardous, or toxic chemicals or substances in or around the apartment. TENANT agrees not to do any activities in or around the apartment which could harm anyone or damage any property. TENANT agrees to pay for any penalties, fines, costs or damages if TENANT does not comply with the terms of this paragraph. TENANT agrees that TENANT will not allow more than Two 2 people to occupy the apartment without the written permission of LANDLORD. 12. RULES AND REGULATIONS TENANT agrees to obey all rules and regulations for the apartment which are attached to this lease. If TENANT breaks any rules or regulations for the apartment, TENANT breaks (violates) this lease. During this lease, the LANDLORD can change or add to these rules or regulations. 13. LANDLORD'S RIGHT TO MORTGAGE, THE APARTMENT PRIORITY OF LEASE The right of LANDLORD'S mortgage company comes before TENANT'S rights. TENANT's rights under this lease are lower in priority to LANDLORD's ownership of the apartment. If the mortgage company sells the apartment at a mortgage foreclosure sale, the lease ma end. TENANT agrees that LANDLORD has the right to mortgage the apartment. If LANDLORD has a mortgage on the apartment now, or if LANDLORD gets a mortgage in the future, TENANT agrees that this lease is secondary to the LANDLORD's mortgage. TENANT will within 10 days after written notice from LANDLORD, sign and deliver to LANDLORD any document required by the mortgage company to prove to the mortgage company that this lease is secondary to the mortgage or any change of the mortgage. 14. WRITTEN STATEMENT CERTIFYING THAT RENT IS PAID TENANT will within ten (10) days after written request from LANDLORD deliver to LANDLORD a written statement certifying the date to which the rent is paid, that there are not, any uncured defaults on the part of LANDLORD or stating if there are defaults. If TENANT does not respond within said ten (10) days it is conclusive proof that this Residential Lease is in full force and effect. 15. CARE OF APARTMENT TENANT is responsible for, and will take good care of, the apartment and all of the property in and around apartment. TENANT agrees to pay for any damage caused by TENANT, TENANT's family and TENANT's guests. TENANT agrees to turn over possession of the apartment to LANDLORD when the lease ends. 4 Nov,20, 2006 3:07PM 16. LANDLORD'S RIGHT TO ENTER APARTMENT No,2697 P. 14 TENANT agrees to take possession of the apartment in the condition that it is now. TENANT agrees that LANDLORD and LANDLORD's representatives have the right to enter the apartment at reasonable times, without permission or prior notice to TENANT. LANDLORD and LANDLORD's representatives have the right to inspect, to make repairs, to do maintenance, and to show the apartment to others. 17. UTILITY SERVICES LANDLORD and TENANT agree to pay for the charges for utilities and services supplied to the apartment as follows: Paid by LANDLORD: Natural Gas N/A Trash Collection (not bulk items) X Lavin Maintenance X Snow and Leaf Removal X Pool/Gym Membership X Condominium Fee X Parking Fee X Other. Other: Paid by TENANT: Sewer Charges X Electric to Premises X Water Service X Natural Gas N/A Pest Control Charges X Television Cable X Phone X LANDLORD has the right to turn off temporarily any utility or other service to the apartment in order to make repairs or do maintenance. 18. TAKING BY GOVERNMENT Government such as a state, county or city government may take private property for public use. The government must pay to anyone who has any right in the property that is taken. If all or any part of the apartment (or the building within which the apartment is located) is taken by the government, this lease ends immediately. LANDLORD and TENANT agree to release each other from any responsibility. 19. BREAKING CONDITIONS OF LEASE If TENANT breaks this lease, TENANT may lose TENANT'S security deposit. If TENANT breaks agreement made in lease, LANDLORD also can sue TENANT for other expenses. LANDLORD may use the legal process to remove TENANT. If TENANT wants to move out before lease ends, TENANT will still owe until the end of the lease or until someone else rents the home (whichever comes first.) If TENANT wants to move before the lease ends, TENANT must give a sixty day written notice to LANDLORD and 5 Nov.20, 2006 3:07PM No.2697 P- 15 pay an early lease breakage ?.. in the amount of $750.00 with the m...,;e. TENANT must still pay for the utilities until a new TENANT moves into the home. _ Each TENANT should not sign this lease unless each TENANT has read and clearly understand the information in this section about lease violations. EACH TENANT RESPONSIBLE This is a TOGETHER AND INDIVIDUAL lease. It means that all the TENANTS as a group and each TENANT as an individual are responsible to LANDLORD for ALI, of the agreements of this lease. For example, if the rent is not paid, LANDLORD can sue in court ALL of the TENANTS (TOGETHER) for any unpaid rent. Or, LANDLORD can bring a law suit against any ONE TENANT separately (individual) for ALL of the unpaid rent. TENANT BREAKS AGREFMENT T141S LEASE IF TENANT: OR, OR, OR, 1) Fails to pay rent or other charges to LANDLORD on time, 2) Leaves (abandons) the apartment without the LANDLORDS permission before the end of the lease, 3) Does not leave the apartment at the end of the lease, 4) Does not do all of the things that TENANT agreed to do in this lease. If TENANT breaks agreement in lease, each TENANT agrees to give up NOTICE TO QUIT. This means that the LANDLORD may rile a complaint in court asking for an order to remove each TENANT from the apartment without giving each TENANT NOTICP TO QUIT first. The LANDLORD does NOT have the right to sue in through the legal process to remove TENANT unless a TENANT has broken the agreements in this lease. Even though each TENANT is giving up NOTICE, TO QUIT, each TENANT will have a chance in court to challenge the LANDLORD'S claim for removal. IF TENANT BREAKS THE LEASE AGREEMENT, THE LANDLORD MAY SUE EACH TENANT IN COURT: 1) To collect overdue rent, late charges and money damages caused by TENANT'S breaking the agreements in the lease. 2) To get back the apartment (eviction). 3) To collect for unpaid rent until the end of the lease or until another person takes possession of the apartment as a new TENANT. 6 Nov.20. 2006 3:07PM No-2697 P. 16 4) If LANDLORD wins in court, LANDLORD can use court process to take TENANT'S personal goods, furniture and motor vehicles. TENANT agrees that LANDLORD may receive reasonable attorney's fee if LANDLORD wins in court against TENANT for breaking the agreements of the lease. 20. ATTORNEYS' FEES AND COSTS TENANT will have to pay any court, expenses and reasonable attorney fees, if LANDLORD enforces the rules of this Residential Lease. 21. IMPROVEMENTS TENANT will not make any changes to the Apartment without the written consent of LANDLORD. No changes to the locks or additional locks to be installed by TENANT. All changes remain in the Apartment at the end of this Residential Lease and become the property of LANDLORD. If LANDLORD gives written notice to TENANT to remove any changes, TENANT will remove the change and restore the Apartment to its original condition. 22. OTHER AGREEMENTS BETWEEN LANDLORD AND TENANT LANDLORD and TENANT agree that the additional agreements marked with a "yes" are part of this lease agreement. YES = CHECK-1N AND CHECK-OUT PROCEDURES YES = RULES AND REGULATIONS YES = NO PET AGREEMENT YES = REQUIREMENTS FOR LEAVING 23. SPECIAL CONDMONS The Attorney General has not pre-approved any special conditions/additional terns added by the LANDLORD or TENANT after plain language pre-approval of this contract. BY SIGNING THIS LEASE AGREEMENT EACH TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. DATE SIGNED BY LANDLORD: LANDLORD: Xrown Corporation Property ent Division for Bent Creek Limited Partnership DATE SIGNED BY TENANT: 7 Nov..20. 2006 3:07PM TE':...NT(S): RULES AND REGULATIONS LANDLORD: Triple Crown Corporation Property Management Division for: Bent Creek TENANT(s): JovKesha Washington and Nicholas Goldermann Apartment: 1400 Bent Creek Blvd. Aot.112, Mechanicsburg . PA 17050 The following Rules and Regulations are part of the Residential Lease between LANDLORD and TENANT. A violation of any of the Rules and Regulations is a violation of the Residential Lease, and the party not in violation shall be entitled to exercise any remedies provided in the Residential Lease. HEATERS 1. No other heating sources such as kerosene heaters and space heaters shall be allowed to be operated within the Apartment. GRILLS 2. The use of charcoal or gas grills is not allowed in the Apartment or on any balcony, patio or other common area on the property or the Apartment. WINDOWS/BALCONIES 3. TENANT will not place or store items on any window sills, ledges or balconies. TENANT will not hang laundry or other items from the balconies, windows and common areas. AWNINGS 4. No awnings shall be installed in the Apartment without the prior consent in writing of LANDLORD. QUIET HOURS 5. TENANT shall observe "quiet hours" between the hours of 10 o'clock p.m. and 8 o'clock a.m. daily. WATERBEDS 8 N o . 2 6 9 7 P. 17 Nov., 20- 2006 3:07PM No.2697 P- 18 6. No waterbeds allowed within the Apartment without proof of renters insurance. CHANGES TO APARTMENT 7. TENANT shall not install shelving, wallpaper, paint or change in any way the features of the Apartment without the prior consent in writing of LANDLORD. SMOKE DETECTORS 8. TENANT is responsible for testing smoke detectors and fire alarms within the Apartment. TENANT shall notify LANDLORD if any fire warning or fire stopping device is not working. TENANT shall not disable any fire warning device or discharge any fire extinguisher. ROOF/CLOSED AREAS 9. TENANT shall not go on the roof of the building and shall not enter any area clearly marked as being closed to TENANTS and others. ANTENNAS/SATELLITES 10. No radio or television reception devices such as antennae and satellite dishes allowed upon the Apartment or in the common areas around the Apartment. VACANT APARTMENT 11. TENANT shall not permit the Apartment unoccupied for longer than five (5) consecutive days without notifying the LANDLORD (or LANDLORD's designated agent). HEAT 12. TENANT shall keep the heat within the Apartment at no less than 50 degrees during the winter period from November through April ALCOHOLIC BEVERAGES 13. TENANT will not consume alcoholic beverages in the common areas of the building and grounds within which the Apartment is located. TRASH 14. TENANT shall provide appropriate nonflammable containers for trash and recyclables. TENANT shall keep the Apartment and the common areas fine from litter. TENANT shall deposit all trash and recyclables from the Apartment into the proper waste disposal containers FIRE EXITS 9 Nov.20, 2006 3:07PM No-2697 P. 19 15. TENANT shall become familiar with and observe all posted security regulations and all posted fire escape or evacuation routes and all fire exits. Questions concerning security and fire procedures should be directed to LANDLORD (or LANDLORD's designated representative) without delay. LOCK OUTS 16. TENANT must call locksmith if locked out of TENANT's apartment after regular business hours, (9:00 AM - 5:00 PM). TENANT pays for locksmith. TENANT must contact a locksmith to get into the apartment. If TENANT loses the keys to the apartment, TENANT pays LANDLORD $10.00 for copies of keys during regular office hours. NO PET AGREEMENT LANDLORD: Triple Crown Corporation Property Management Division for: Bent Creek TENANT(S): JovKesha Washington and Nicholas Goldermann Apartment: 1400 Bent Creek Blvd. Apt.112. Mechanicsburg, PA 17050 NO PETS TENANT'S shall not keep or allow any pets in the Apartment. This rule includes all parts of the property. TENANT must first get LANDLORD'S permission in writing if TENANT wants to keep a pet. Date: DATE SIGNED BY LANDLORD: x, Triple Crown Corporation Property Management Division for: Bent Creek Limited Partnership DATE SIGNED BY TENANT: TENANT(S): 10 Nov:20. 2006 3:08PM No-2697 P. 20 y csha W ington Ni olas Goldermann REQUIREMENTS FOR LEAVING To safeguard TENANT's deposit, TENANT must do the following items: 1. Supply us in writing your new address. 2. Call Triple Crown Corporation for move out inspection. 3. Return all keys pertaining to the property. 4. Thoroughly clean the apartment: KITCHEN: Range: Clean interior and exterior completely. Refrigerator: Clean thoroughly. Don't forget behind. Unplug and prop the doors open. Range Hood: Clean thoroughly, remove and wash filter. Dishwasher: Clean inside, unlock door catch. -Cabinets: Clean inside/outside and remove shelf paper. BATHROOMS: Ceramic the/fiberglass: clean off accumulated soap. Bathtub: clean tub, remove stickers. Medicine and base cabinets: clean inside/outside, remove Shelf paper, clean and polish mirrors OTHER: Clean sinks, faucets, toilets, countertops and floors. CLOSETS: Empty completely, including hangers. Remove shelf paper. BALCONX/FATIO/DECK: Remove all items and sweep.. WALLS/WOODWORK AND DOORS: Remove marks and hand prints. Wash switch plates. Re-paint any walls to their original color (call for correct color.) Remove any wallpaper/border installed. Dust all walls and Vents. WINDOWS: Wash interior glass. Clean mini blind slats. 5. TENANT will remove all nails and hangers from walls. 6. Please have all CARPETS shampooed thru out home. A paid receipt for the CARPERT cleaning is required at move out inspection. If a paid receipt for the CARPET cleaning is not provided at the time of move out $150.00 will be deducted from your security deposit for CARPET cleaning. 7. Call all utility companies to have the meters read and place the service in LANDLORD's name. If unit needs total cleaning, the flat rate fee is $250.00. If a damage or dirt is noted, repair and cleaning is done at the expense of the leaving TENANT. Painting required to cover paint other than ours, to touch up marks on walls and holes in walls and woodwork will be done at the leaving TENANT expense. Damages are repaired and charged at the current rate to the leaving TENANT. RECEIVED BY TENANT(S): W Date Goldermann Date 12 (K??) - ;, n v t' •?" r'-ra t?1 Curtis R. Long Prothonotary office of the Protbonotarp Cumbertartb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ,/)L -L Ll g A CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573